HomeMy WebLinkAbout01-10-1994 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
ADJOURNED REGULAR MEETING
JANUARY 10, 1994
COUNCIL CHAMBERS
This is the time and place set for an adjourned regular
meeting of the Mayor and Common Council of the City of San
Bernardino. Due to all members of said Common Council being
absent therefrom, at the regular meeting of January 3, 1994, the
City Clerk of said Mayor and Common Council thereupon declared
said meeting adjourned until 8:00 a.m., Monday, January 10, 1994,
in the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
The City Clerk has caused to be posted the order of
adjournment of said meeting to be held on Monday, January 3,
1994, and has on file in the office of the City Clerk an
affidavit of said posting together with a copy of said order
which was posted at 8:00 a.m., Monday, January 3, 1994, on the
door of the place at 'which said meeting was held.
The adjourned regular
Council of the City of San
Mayor Minor at 8:04 a.m.,
Council Chambers of City
Bernardino, California.
meeting of the Mayor and Common
Bernardino was called to order by
Monday, January 10, 1994, in the
Hall, 300 North "D" Street, San
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Hernandez, Oberhelman, Devlin; City Attorney Penman, City
Clerk Rachel Clark, City Administrator Shauna Clark. Absent:
Council Members Pope-Ludlam, Miller.
RECESS MEETING - CLOSED SESSION
At 8: 04 a.m., t:he Mayor and Common Council and
Development Commission recessed to closed session
following:
(1)
Community
for the
a. to meet with its designated representatives regarding
labor relations matters pursuant to Government Code
section 54957.6;
1
1/10/94
b. to confer with the attorney regarding pending
litigation pursuant to Government Code section
54956.9(b) (1), as there is significant exposure to
litigation;
c.
based on existing facts
below, the City Council
whether a closed session
California Government Code
and circumstances, set out
is meeting only to decide
is authorized pursuant to
Section 54956.9(b) (2);
d.
to confer with the attorney regarding
litigation pursuant to Government Code
54956.9(c), so that Council/Commission may
whether to initiate litigation;
pending
section
decide
e. to consider personnel matters pursuant to Government
Code section 54957;
f. to confer with the Chief of Police on matters posing a
threat to the security of public buildings or a threat
to the public's right of access to public services or
public facilities pursuant to Government Code section
54957;
g. to give instruction to the City's/Commission's
negotiator on the purchase of property pursuant to
Government Code section 54956.8. The real property
which the negotiations concern is generally located at:
The identity of each person with
whom negotiations are authorized is: ;
h.
to meet with an applicant for a
applicant's attorney pursuant
section 54956.7;
city license and the
to Government Code
i. to meet with the Chief of Police regarding matters of
public security pursuant to Government Code section
54957;
j. to confer with the attorney regarding pending
litigation which has been initiated formally to which
the city is a party to pursuant to Government Code
Section 54956.9(a) as follows:
Stubblefield Construction Company, et al YS. city of San
Bernardino. et al San Bernardino County Superior Court
Case No. 242998 and 242058; Court of Appeals Case No. 4th
civil No. E009749 (C/W E010088);
2
1/10/94
"-
city of San Bernardino vs. Jim L. Dvkes. et al San
Bernardino Superior Court Case No. 254883;
Veloz vs. city of San Bernardino - united States District
Court Case No. SACV 95-570;
Tvrakowska vs. city of San Bernardino
District Court Case No. SA-CV-92-379;
United States
Patterson vs. city of San Bernardino
Superior Court Case No. SCV 00479.
San Bernardino
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,
Curlin, Hernandez, Oberhelman, Devlin; City Attorney Penman, City
Clerk Rachel Clark, City Administrator Shauna Clark. Absent:
Council Members Pope-Ludlam, Miller.
Also present: Sr. Assistant City Attorney Morillo, Deputy
city Attorney Rhemrev, Margaret Scroggin, Administrative
Operations Supervisor, City Attorney's Office; Wayne Harp, Acting
Chief of Police.
READING
Deputy
resolutions
Development
session.
OF RESOLUTIONS AND ORDINANCES
City Clerk Jones read the titles of
and ordinances on the regular and
Commission agendas while the Council was
all the
Community
in closed
COUNCIL MEMBER MILLER ARRIVED
At 8:06 a.m., Council Member Miller arrived at the closed
session.
COUNCIL MEMBER
At 8:12 a.m.,
closed session.
POPE-LUDLAM ARRIVED
Council Member Pope-Ludlam
arrived
at
the
AFFIRMATIVE ACTION OFFICER WILSON ARRIVED
At 8:28 a.m., Affirmative Action Officer Ernie Wilson
arrived at the closed session.
DEPUTY CITY ATTORNEY RHEMREV EXCUSED
At 8:28 a.m., Deputy city Attorney Rhemrev left the closed
session.
3
1/10/94
ADJOURN CLOSED SESSION
At 9:02 a.m., the closed session adjourned to the adjourned
regular meeting of the Mayor and Common Council of the City of
San Bernardino.
RECONVENE MEETING
At 9:07 a.m., Mayor Minor reconvened the adjourned regular
meeting of the Mayor and Common Council of the City of San
Bernardino in the Council Chambers of city Hall, 300 North "D"
street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; city
Attorney Penman, city Clerk Rachel Clark, City Administrator
Shauna Clark. Absent: None.
INVOCATION
The invocation was given by Rev. Eugene Fenton, Trinity
Lutheran Church.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Miller.
ANNOUNCEMENT - COUNCIL MEMBER NEGRETE
(2)
Council Member Negrete wished staff and colleagues a Happy
New Year, and expressed optimism in working with representatives
of the Inland Valley Development Agency.
ANNOUNCEMENT - COUNCIL MEMBER CURLIN
(2A)
Council Member Curlin extended New Year's greetings to
staff, colleagues, and the public; and invited the community to
attend the San Bernardino International Airport Authority
dedication ceremonies to be held Tuesday, January 18, 1994, and
stated that an invitation has been extended to President
Clinton.
Council Member Curlin reminded
Town Hall meeting to be held 6: 30
1994, at Lincoln School, 255 W.
California.
Second Ward residents of the
p.m., Wednesday, February 2,
13th street, San Bernardino,
ANNOUNCEMENT - MAYOR MINOR
(2B)
~
Mayor Minor urged the public to donate blood to the Blood
Bank to replenish its supply; and invited the public to make a
bone marrow donation on behalf of Ron Skipper's daughter who is
suffering from a rare disease.
4
1/10/94
~
PUBLIC COMMENTS - ROGER DUMAS
(3)
Roger Dumas, 498 W. Court Street, San Bernardino, CA, spoke
of censorship by Channel 3; and commended Mayor Minor for the
removal of police officers at Council meetings.
PUBLIC COMMENTS - LARRY SINGLETON
(3A)
Larry Singleton, 26944 Messina Street, Highland, CA, voiced
opposition to the disproportionate number of illegal aliens
versus U.S. citizens in the work force; and objected to Spanish
being spoken in the work place.
PUBLIC COMMENTS - JOHN STEVENS
(3B)
John Stevens, 4097 Pershing Avenue, San Bernardino, CA,
voiced concern regarding the proposed radioactive waste facility
for Ward Valley, California. Mr. Stevens read a letter dated
November 23, 1993, from Vice-President Al Gore relative to a
formal hearing on the matter.
PUBLIC COMMENTS - JEFF WRIGHT
(3C)
Jeff Wright, P.O. Box 2341, San Bernardino, CA, voiced
support of the opening of a grocery outlet at Highland Avenue and
Sierra Way; expressed concern regarding City repairs of potholes;
requested clarification regarding the implementation date of the
ambulance service; and read an article from the Sun newspaper
regarding the radioactive waste facility at Ward Valley,
California.
PRESENTATION
QUARTER 1993
EMPLOYEE RECOGNITION AWARDS
THIRD
(4)
J. Lorraine Velarde, Executive Assistant to the Mayor, read
the following names of employees receiving recognition awards for
the third quarter of 1993:
Marguerite Leon
Bernie Jackson
pierre Weakley
Velia Marquez
Management/Confidential
Mid-Management
Safety
General
COMMENDATION - LARRY GRAHAM
(4A)
Larry Graham, President, San Bernardino Area Chamber of
Commerce, 546 W. sixth Street, San Bernardino, CA, read a
resolution encouraging the Mayor and Common Council to implement
the recommendations of the Baseball Stadium Committee to build a
baseball stadium in San Bernardino.
5
1/10/94
~
Mayor Minor accepted the resolution.
PURCHASE PICNIC TABLES - LITTLEFIELD-SHULTIS MEMORIAL
PARK - $6,500 - FIFTH WARD PARK EXTENSION FUND (6)
In a memorandum dated December 10, 1993, Annie F. Ramos,
Director of Parks, Recreation and Community Services, stated that
funding will provide 20 rubber-coated expanded steel picnic
tables for Littlefield-Shultis Memorial Park.
Council Member Oberhelman made a motion, seconded by Council
Member Miller, and unanimously carried, that $6,500 from the
Fifth Ward Park Extension Fund for the purchase of 20 picnic
tables for Littlefield-Shultis Memorial Park, be approved.
CLAIMS AND PAYROLL
(9)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, and unanimously carried, that the claims and
payroll, and authorization to issue warrants as listed on the
memorandum dated January 4, 1994, from the Director of Finance,
be approved.
WAIVE FURTHER READING OF RESOLUTIONS AND ORDINANCES (5)
~
Jeff Wright, P.O. Box 2341, San Bernardino, CA, objected to
the reading of resolutions and ordinances while the Council is in
closed session; and suggested that the titles of the resolutions
and ordinances be displayed on television.
council Member Oberhelman made a motion, seconded by Council
Member Hernandez, and unanimously carried, that further reading
of all resolutions and ordinances on the regular and Community
Development Commission agendas, be waived.
AMEND BOUNDARIES ASSESSMENT DISTRICT NO. 981-
MERIDIAN & RANDALL AREA LANDSCAPE MAINTENANCE-
AUTHORIZATION TO PROCEED (7)
In a memorandum dated December 21, 1993, Roger G. Hardgrave,
Director of Public Works/City Engineer, stated that a petition
has been received requesting the formation of an assessment
district for the maintenance of landscaping along the major
streets which border Tentative Tract No. 14390. The proposed
subdivision adjoins the boundaries of Assessment District No.
981. The signatures affixed to the petition have been verified
and found to represent 100 percent of the owners within the area
of the property lying within the proposed expanded area.
6
1/10/94
~
Roger Hardgrave, Director of Public Works/city
answered questions and stated that there would be no
costs to the residents if the proposed assessment
boundaries were amended.
Engineer,
increased
district
council Member Hernandez made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the city
Engineer and City Clerk be authorized to initiate proceedings for
the expansion of boundaries of Assessment District No. 981
Meridian & Randall Area Landscape Maintenance District, under
the provisions of Chapter 12.90.060 of the San Bernardino
Municipal Code and section 3113 of the Streets and Highways Code
of the State of California.
EXTEND CITY-WIDE ASSESSMENT DISTRICT NO. 994 - STREET
LIGHTING & STREET SWEEPING - AUTHORIZATION TO PROCEED
(8)
In a memorandum dated December 22, 1993, Roger G. Hardgrave,
Director of Public Works/City Engineer, stated that in July of
1990, city-wide Assessment District No. 994 was established as a
way to fund additional law enforcement services. This was
accomplished by funding street lighting and street sweeping from
district proceeds which were previously funded from the General
Fund, and freed up funds from the General Fund which were
targeted for law enforcement services.
The annual assessments generated a revenue of approximately
$3,000,000. The annual budget for street lighting and once-a-
month street sweeping services are approximately $2,500,000. The
savings to the General Fund was used for law enforcement
services. The remaining $500,000 was used to fund the second
monthly street sweeping and all incidental costs associated with
the administration of the assessment district. The annual
assessment for a single-fami ly res idence is approximately $48,
and has changed little since the district was established.
One of the provisions of Assessment District No. 994 was
that after a period of five years, the district would terminate,
unless, after a public hearing, the Mayor and Common Council
adopt the extension of the district. The existing district is
scheduled to terminate in July of 1995, and the last assessment
roll will be filed in July of 1994, for the 1994-95 fiscal year.
The areas that have been annexed to the City since the
establishment of the district have not been included in the
district. Staff has determined that the district should be
extended, and that consideration be given to include these newly-
annexed areas in the district.
7
1/10/94
~.
It is
maintenance
legislative
benefit and
Landscaping
proposed that graffiti removal and traffic signal
be included in Assessment District No. 994. Recent
changes were made to allow graffiti removal as a
can be financed under districts established under the
and Lighting Act of 1972.
City Administrator Shauna Clark presented background
information on the creation of the assessment district.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that the city Engineer and City Clerk be
authorized to initiate proceedings for the extension of Citywide
Assessment District No. 994, and to explore costs involved with
expanding the scope to include other items, such as graffiti
removal and traffic signal maintenance. (Note: The vote was
taken after discussion.)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that the city retain the services of GFB
Friederich and Associates for assessment engineering services,
and the services of Brown, Diven and Hentschke, for legal
consultant services, in connection with the extension and
expansion of Assessment District No. 994, at an estimated cost of
$26,000. (Note: The motion was later amended.)
~
City Attorney Penman requested that the retention of
assessment engineering services and legal consultant services be
approved subject to the approval of the City Attorney.
Council Member Oberhelman amended his motion, seconded by
Council Member Devlin, that the City retain the services of GFB
Friederich and Associates for assessment engineering services,
and the services of Brown, Diven and Hentschke, for legal
consultant services, in connection with the extension and
expansion of Assessment District No. 994, at an estimated cost of
$26,000, subject to the City Attorney's approval. (Note: The
vote was taken after discussion.)
Jeff Wright, P.O. Box 2341, San Bernardino, CA, objected to
the city expanding the scope of services to include graffiti
removal and traffic signal maintenance.
Bobby Oquendo, 3094 N. central, Highland, CA, spoke in favor
of the proposed expansion of services.
Discussion ensued regarding whether or not there would be an
increase in assessment amounts; whether the money generated by
the assessment district could be accounted for; and whether or
not public hearings would be held on the proposed extension of
the assessment district.
8
1/10/94
Roger Hardgrave, Director
answered questions relative to
engineering firm.
of Public Works/City Engineer,
the selection process of the
Discussion was held relative to Request for Quotes (RFQ's)
being required on contracts over $10,000.
The motions carried by the following vote:
Members Negrete, Oberhelman, Devlin, Pope-Ludlam,
Council Members Curlin, Hernandez. Absent: None.
Ayes: Council
Miller. Nays:
council Member Pope-Ludlam changed her affirmative vote to a
negative vote.
The motions carried by the following vote:
Members Negrete, Oberhelman, Devlin, Miller.
Members Curlin, Hernandez, Pope-Ludlam. Absent:
Ayes:
Nays:
None.
Council
Council
Public Works Director Hardgrave answered questions regarding
the availability of the Engineer's Report.
Council Member Miller made a motion, seconded by Council
Member Negrete, and unanimously carried, that the Engineer's
Report be reviewed at the Legislative Review Committee meeting of
March 24, 1994, prior to public hearings.
,-
PERSONNEL ACTIONS
(10)
Discussion ensued relative to the Assistant Planning
Director position; and retroactive personnel action requests.
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that the personnel actions submitted by the Chief
Examiner dated December 21, 1993, in accordance with civil
Service Rules and Regulations and Personnel policies adopted by
the Mayor and Common Council of the City of San Bernardino, be
approved and ratified; and that Refuse Fund Item No. 12, be
deleted.
The motion carried by the following vote:
Members Negrete, Curlin, Oberhelman, Devlin,
Council Members Hernandez, pope-Ludlam. Absent:
Ayes:
Miller.
None.
Council
Nays:
COUNCIL MEMBER CURLIN EXCUSED
At 10:34 a.m., Council Member Curlin left the Council
meeting.
9
1/10/94
RES. 94-1 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AGREEMENT WITH SAN
BERNARDINO INDUSTRIAL MEDICAL CLINIC, RELATING TO
MEDICAL SERVICES. (11)
Jeff Wright, P.O. Box 2341, San Bernardino, CA, suggested
that smokers pay for their own physicals.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
Resolution No. 94-1 was adopted by the following vote:
Ayes: Council Members Negrete, Hernandez, Oberhelman, Devlin,
Pope-Ludlam, Miller. Nays: None. Absent: Council Member
Curlin.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND CREATIVE COMPUTER SOLUTIONS, INC.
RELATING TO UPGRADE IN COMPUTER SOFTWARE. (12)
(Note: The resolution was not distributed with the backup;
therefore, will not be available for reference.)
Council Member Miller made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that said resolution
be continued to January 24, 1994, in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
RES. 94-2 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR MUTUAL
AID IN FIRE PROTECTION WITH THE SECRETARY OF THE AIR
FORCE BETWEEN THE CITY AND NORTON AIR FORCE BASE. (13)
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, that said resolution be adopted.
Resolution No. 94-2 was adopted by the following vote:
Ayes: Council Members Negrete, Hernandez, Oberhelman, Devlin,
Pope-Ludlam, Miller. Nays: None. Absent: Council Member
Curlin.
COUNCIL MEMBER CURLIN RETURNED
At 10:37 a.m., Council Member Curlin
meeting and took his place at the council
returned to the Council
table.
10
1/10/94
RES. 94-3 - RESOLUTION OF THE CITY OF SAN BERNARDINO
FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE PROPOSED MAINTENANCE OF
IMPROVEMENTS IN THE AREA OF MILL AND BURNEY STREETS,
CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF
SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO.
1012, ORDERING THE WORK AND THAT THE SPECIAL
ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931
DOES NOT APPLY. (14)
Council Member Negrete made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Resolution No. 94-3 was adopted by the following vote:
Ayes': Council Members Negrete, Curlin, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
RES. 94-4 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO EASTLAND CONSTRUCTION, INC. FOR
INSTALLATION OF GUARDRAIL ON ALABAMA AVENUE AT CITY
CREEK. (15)
Jeff Wright, P.O. Box 2341, San Bernardino, CA, expressed
concern relative to the cost of the guardrail.
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, that said resolution be adopted.
Resolution No. 94-4 was adopted
Ayes: Council Members Negrete, Curlin,
Devlin, Pope-Ludlam, Miller. Nays: None.
by the following vote:
Hernandez, Oberhelman,
Absent: None.
RES. 94-5 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER TO AMREP INC. FOR THE
FURNISHING AND DELIVERY OF SIX (6) EACH, AUTOMATED SIDE
LOADING REFUSE VEHICLE CAB AND CHASSIS, TO BE UTILIZED
BY THE PUBLIC SERVICES DEPARTMENT IN ACCORDANCE WITH
BID SPECIFICATION F-94-06. (16)
RES. 94-6 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER TO INLAND EMPIRE WHITEGMC FOR
THE FURNISHING AND DELIVERY OF SIX (6) EACH, AUTOMATED
SIDE LOADING REFUSE VEHICLE BODIES, TO BE UTILIZED BY
THE PUBLIC SERVICES DEPARTMENT IN ACCORDANCE WITH BID
SPECIFICATION F-94-06. (17)
11
1/10/94
,-
RES. 94-7 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A LEASE PURCHASE AGREEMENT TO ASSOCIATES
COMMERCIAL CORPORATION FOR THE FINANCING OF SIX (6)
EACH, AUTOMATED SIDE LOADING REFUSE TRUCK CAB AND
CHASSIS AND BODIES, TO BE UTILIZED BY THE PUBLIC
SERVICES DEPARTMENT IN ACCORDANCE WITH BID
SPECIFICATION F-94-06. (18)
Jeff Wright, P.O. Box 2341, San Bernardino, CA, encouraged
the City to implement a recycling program.
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, that said resolutions be adopted.
Resolution Nos. 94-5, 94-6, and 94-7 were adopted by the
following vote: Ayes: Council Members Negrete, Curlin,
Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None.
Absent: None.
ORD. MC-892 AN ORDINANCE OF THE CITY OF SAN
BERNARDINO ADDING CHAPTER 8.65 TO THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO THE DESTRUCTION OF WEAPONS
IN THE CUSTODY OF THE POLICE DEPARTMENT. Final (19)
Jeff Wright,
ordinances with
calendar.
P.O. Box 2341,
final readings
San Bernardino, CA,
being placed on
objected to
the consent
Council Member Negrete made a motion, seconded by Council
Member Oberhelman, that said ordinance be adopted.
Ordinance No. MC-892 was adopted
Ayes: Council Members Negrete, Curlin,
Devlin, Pope-Ludlam, Miller. Nays: None.
by the following vote:
Hernandez, Oberhelman,
Absent: None.
ORD. MC-893 AN ORDINANCE OF THE CITY OF SAN
BERNARDINO AMENDING SECTION 5.82.160 OF THE SAN
BERNARDINO MUNICIPAL CODE RELATING TO SUSPENSIONS AND
REVOCATIONS OF OPERATOR'S PERMITS BY THE POLICE
COMMISSION. Final (20)
Council Member Oberhelman made a motion, seconded by Council
Member Pope-Ludlam, that said ordinance be adopted.
Ordinance No. MC-893 was adopted
Ayes: Council Members Negrete, Curlin,
Devlin, Pope-Ludlam, Miller. Nays: None.
by the following vote:
Hernandez, Oberhelman,
Absent: None.
RECESS MEETING
At 10:42 a.m., Mayor Minor declared a five-minute recess.
,-
12
1/10/94
~
RECONVENE MEETING
At 10:50 a.m., Mayor Minor reconvened the adjourned 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 Hernandez,
Oberhelman, Devlin, Pope-Ludlam, Miller; City Attorney Penman,
City Clerk Rachel Clark, City Administrator Shauna Clark.
Absent: Council Members Negrete, Curlin.
PUBLIC HEARING - QUAIL CANYON AREA SEWER CONSTRUCTION
ASSESSMENT DISTRICT NO. 1011 (21)
This is the time and place set for a public hearing to
consider the establishment of Quail canyon Area Sewer
Construction Assessment District No. 1011. At the Mayor and
Council Meeting held on December 20, 1993, action was taken to
table the matter. However, Resolution No. 93-417 was published
in the Sun which noticed a public hearing on January 10, 1994.
Discussion was held relative to property owners receiving
notification that the public hearing would be held February 21,
1994.
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the matter
relative to Quail Canyon Area Sewer Construction Assessment
District No. 1011, be continued to February 21, 1994, in the
Council Chambers of City Hall, 300 North "D" street, San
Bernardino, California.
COUNCIL MEMBERS NEGRETE AND CURLIN RETURNED
At 10:51 a.m., Council Members Negrete and
to the Council meeting and took their places
table.
Cur 1 in returned
at the council
PUBLIC HEARING - ESTABLISH FEES - REAPPORTIONMENT OF
ASSESSMENTS RELATIVE TO ASSESSMENT DISTRICT BONDS-
CONTINUED FROM DECEMBER 20, 1993 (22)
This is the time and place continued to for a pUblic hearing
to consider establishing fees for reapportionment of assessments
relative to assessment district bonds. The Mayor and Common
Council continued the adoption of the resolution to January 10,
1994 to allow for a public hearing.
13
1/10/94
In a memorandum dated December 20, 1993, Roger G. Hardgrave,
Director of Public Works/city Engineer, stated that it is
necessary to set fees for applications for reapportionment of
assessments under bonded assessment districts to include the
costs for preparing the amended assessment, notices, and the
amended assessment diagram map. These fees are to be paid up-
front by the owner(s) of the land involved.
Muni Financial Services, Inc. is presently preparing the
annual assessment rolls on all of the City's assessment districts
for which bonds have been sold. It is recommended that Muni
Financial be selected to provide these services as it would be
more expeditious to deal with a single firm than to coordinate
the work of different firms. Staff recommends that the fees set
or charged be equivalent to those charged by Muni Financial plus
City handling charges to total $2,250 per tract map, plus $25
per final parcel, and a flat fee of $1,100 for parcel maps.
Mayor Minor opened the hearing.
RES. 94-8 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ESTABLISHING FEES FOR PROCESSING APPLICATIONS FOR
REAPPORTIONMENT OF ASSESSMENTS RELATIVE TO ASSESSMENT
DISTRICT BONDS PURSUANT TO SECTION 8740 ET SEQ OF THE
CALIFORNIA STREETS AND HIGHWAYS CODE. (Continued from
December 20, 1993) (22)
Council Member Oberhelman made a motion, seconded
Member Negrete, and unanimously carried, that the
closed; and that said resolution be adopted.
by Council
hearing be
Resolution No. 94-8 was adopted
Ayes: Council Members Negrete, Curlin,
Devlin, Pope-Ludlam, Miller. Nays: None.
by the following vote:
Hernandez, Oberhelman,
Absent: None.
PUBLIC HEARING
SOUTHWESTERLY
DEVORE ROAD -
REORGANIZATION TERRITORY LOCATED
OF CAJON BOULEVARD, SOUTHEASTERLY OF
LAFCO 2758 - ANNEXATION NO. 343 (23)
This is the time and place set for a public hearing to
consider adoption of a resolution ordering the reorganization of
the territory located southwesterly of Cajon Boulevard,
southeasterly of Devore Road, LAFCO 2758, Annexation No. 343.
In a memorandum dated December 20, 1993, Roger G. Hardgrave,
Director of Public Works/City Engineer, stated that pursuant to a
petition received in December 1989, the Director of Public Works/
City Engineer and the City Clerk were authorized to proceed with
the proposed annexation of the unincorporated area southeasterly
of Devore Road, southwesterly of Cajon Boulevard. On October 20,
1993, the Local Agency Formation Commission (LAFCO) held a public
14
1/10/94
~
hearing regarding the proposed annexation and adopted a
resolution approving the annexation. On December 6, 1993,
Resolution No. 93-442 was adopted setting a public hearing. All
property owners and other interested parties located within the
area were given notice of the hearing.
Mayor Minor opened the hearing.
Jeff Wright, P.O. Box 2341, San Bernardino, CA, objected to
the proposed annexation.
council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the hearing relative
to the reorganization of the territory generally located
southwest of Cajon Boulevard, southeast of Devore Road, be
closed.
RES. 94-9 - RESOLUTION OF THE CITY OF SAN BERNARDINO
DETERMINING THAT PROTESTS BY PROPERTY OWNERS OWNING
LESS THAN FIFTY PERCENT (50%) OF THE ASSESSED VALUE OF
THE TERRITORY PROPOSED TO BE REORGANIZED HAVE BEEN
FILED AND ORDERING ANNEXATION NO. 343 (LAFCO 2758) FOR
THE TERRITORY GENERALLY LOCATED SOUTHWESTERLY OF CAJON
BOULEVARD, SOUTHEASTERLY OF DEVORE ROAD AND ANNEXATION
TO THE SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT
AND DETACHMENTS FROM CENTRAL VALLEY FIRE PROTECTION
DISTRICT AND CSA 38, CSA 38-G, CA 70, CSA 70-A. (23)
Roger Hardgrave, Director
answered questions relative to
held on Annexation No. 343.
of Public Works/City Engineer,
the public hearings which were
city Attorney Penman read a memorandum dated January 7,
1994, from Sr. Assistant City Attorney Barlow regarding
annexation hearings and who may file oral and written protests.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Oberhelman, that said resolution be adopted.
Resolution No. 94-9 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Pope-
Ludlam, Miller. Nays: None. Abstain: Council Member
Hernandez. Absent: None.
ADOPT CITY'S MISSION STATEMENT
DECEMBER 6, 1993
CONTINUED FROM
(24)
This is the time and place continued to consider adoption of
the City's Mission Statement.
15
1/10/94
/-
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that the matter be
continued to February 7, 1994, in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTION 8.65.030 (C) OF THE SAN BERNARDINO MUNICIPAL
CODE RELATING TO DESTRUCTION OF WEAPONS DELIVERED TO
OTHER AGENCIES. First (25)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, and unanimously carried, that said ordinance be
laid over for final adoption.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTION 8.90.050. E. OF THE SAN BERNARDINO MUNICIPAL
CODE RELATING TO NOTICE TO THE CITY OF LONG TERM LEASES
ENTERED INTO BY MOBILE HOME OWNERS. First (Continued
to later in the meeting) (See page 23) (26)
Council Member Hernandez made a motion, seconded
Member Negrete, that said ordinance be laid over
adoption. (Note: There was no vote taken.)
by Council
for final
Concern was expressed that the ordinance should contain a
48-hour null and void clause if the City is not notified of long
term leases entered into by mobile home owners.
Council Member Hernandez made a substitute motion, seconded
by Council Member Negrete, and unanimously carried, that the item
be continued to later in the meeting to allow the City Attorney
time to research if such a clause can be incorporated into the
ordinance.
CITY ATTORNEY MANAGEMENT AUDIT
DISCUSS & TAKE POSSIBLE ACTION
RECOMMENDATIONS-
(27)
In a memorandum dated January 4, 1994, James Penman, City
Attorney, stated that the Harvey M. Rose Accountancy Corporation
conducted a Management Audit of the City Attorney I s office and
has submitted its final report.
In a memorandum dated December 23, 1993, Barbara Pachon,
Director of Finance, responded to findings of the management
audit of the ci ty Attorney I s Off ice by the Harvey M. Rose
Accountancy Corporation relative to the Finance Department's need
for a comprehensive procedures manual, and improving the
timeliness of data in existing financial reports.
/-
Concern was expressed that an exit audit should have been
prepared by the auditing firm.
16
1/10/94
City Attorney Penman answered questions relative to the use
of outside counsel, and the recommendation to fill one Deputy
city Attorney IV position.
Roger Mialocg, Vice-president, Harvey Rose Accountancy
Corp., 1390 Market street, suite 1025, San Francisco, CA, stated
that the auditing firm spent five months working on the City
Attorney's audit and have identified six areas where improvements
can be made. The management audit provided recommendations
relative to the use of outside counsel and the vendor selection
process, financial controls for outside counsel services and
litigation expenses, staffing and personnel management,
information systems and office automation, City Attorney's Office
cost recovery program, and cost effectiveness of outside counsel.
John Johns, Project Manager, Harvey Rose Accountancy Corp.,
1390 Market street, suite 1025, San Francisco, CA, answered
questions relative to the administrative costs charged by the
City Attorney's Office; the over expenditure in outside legal
counsel; and the cost allocation recovery plan.
city Administrator Shauna Clark explained the purpose of the
cost allocation recovery plan prepared by Claremont College.
Mr. Johns made a presentation which included a review of the
projected annual savings if the 22 recommendations were
implemented; and estimated cost of city attorney services
provided to non-general fund activities. He responded to
questions relative to the number of cities surveyed; the lack of
accountability in the City Attorney's office relative to the
professional and support staff in the volume of work performed
during a given reporting period; the recommendation to utilize
time sheets; and staffing and personnel matters.
Discussion was held relative to the over expenditure in
outside legal counsel services; the implementation of internal
control procedures; and the impact of staffing and the potential
application of management information systems in the city
Attorney's Office.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that authorization for recruitment to fill one
Legal Secretary I position, be approved. (Note: There was no
vote taken on Item 28. As a point of order, discussion and
action took place later in the meeting.)
17
1/10/94
Concern was expressed that the matter of hiring staff in the
City Attorney's Office be referred to the City Administrator to
allow her input.
City Attorney Penman objected to the audit being referred
for further review thus delaying the process to fill the two
positions. Mr. Penman explained the results of the poll relative
to the City Attorney's working relationship with other elected
and appointed officials.
W.R. Holcomb, 3702 Hemlock Drive, San Bernardino. CA.
suggested that the audit be referred to an ad hoc committee to
address the dual role of the City Attorney being a watchdog and
representative of legal issues.
Council Member Hernandez made a motion that Mr. Holcomb be
allowed additional time to continue to speak.
The motion failed for lack of a second.
Council Member Miller made a motion, seconded by Council
Member Pope-Ludlam, that Mayor Holcomb be permitted additional
time to speak. (Note: There was no vote taken.)
-
Discussion was held relative to the amount of time allowed
for public comments.
Council Member Miller
Council Member Hernandez,
Holcomb.
made a substitute motion, seconded by
to extend further time to Mayor
The substitute motion carried by the following vote: Ayes:
Council Members Negrete, Curlin, Oberhelman, Devlin, Miller.
Nays: Council Members Hernandez, Pope-Ludlam. Absent: None.
W.R. Holcomb suggested that the audit of the city Attorney's
office be referred to an ad hoc committee to address the issue of
the City Attorney being involved in policy matters; to address
the question of dual roles of the City Attorney; recommended that
the ad hoc committee be comprised of retired judges, retired city
attorneys, retired city/county council representatives; and that
a letter be written to the Ethics Committee of the state Bar
Association relative to the dual role of the city Attorney.
Council Member Oberhelman withdrew his motion, seconded by
Council Member Devlin, to authorize recruitment to fill one Legal
Secretary I position. (Agenda Item No. 28).
~
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that the audit of the City Attorney's office be
received and filed. (Note: There was no vote taken.)
18
1/10/94
Barbara Pachon,
regarding procedures
Attorney's Office.
Director of Finance, answered
for processing expenditures for
questions
the City
city Administrator Shauna Clark explained the circumstances
involved in the unauthorized payment of outside legal counsel
services.
Discussion ensued relative to the accountability of the
Finance Department and the implementation of preventative
measures in payment of invoices from the City Attorney's Office.
City Attorney Penman
implement the recommendations
the personnel evaluations.
urged the Mayor and Council to
in the audit with the exception of
Jeff Wright, P.O. Box 2341, San Bernardino, CA, voiced
support of the audit; and commended Mr. Penman for his
involvement in the medfly issue, and Mr. Penman's recommendation
that department heads' pay be reduced during the budget crisis.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the audit of the
City Attorney's office be received and filed.
LEGAL SECRETARY
POSITION CITY
FILL - DISCUSSED
I POSITION - DEPUTY CITY ATTORNEY IV
ATTORNEY'S OFFICE - AUTHORIZATION TO
LATER IN THE MEETING - SEE PAGE 22
(28 & 29)
In memoranda dated January 3, 1994, James F. Penman, City
Attorney, stated that the audit of the City Attorney's office by
the Harvey M. Rose Accountancy Corporation recommended that the
Mayor and Council authorize the city Attorney to fill one vacant
legal secretary position on a temporary basis for a period of
twelve months; and add funding for one Deputy city Attorney IV,
and authorize the City Attorney to recruit for the new positions
immediately.
council Member Oberhelman made a motion, seconded by Council
Member Devlin, that authorization for recruitment to fill one
Legal Secretary I position and one Deputy City Attorney IV
position, be approved. (Note: There was no vote taken.)
Council Member Hernandez made a substitute motion, seconded
by Council Member Pope-Ludlam, that the matter concerning
authorization to recruit a Legal Secretary I and one Deputy city
Attorney IV, be referred to the Personnel Committee.
The substitute motion carried by the following vote:
Council Members Negrete, curlin, Hernandez, Pope-Ludlam.
Council Members Oberhelman, Devlin, Miller. Absent: None.
Ayes:
Nays:
19
1/10/94
.--'.
RECESS MEETING
At 1: 12 p. m., Mayor Minor recessed the
meeting of the Mayor and Common Council until
Council Chambers of City Hall, 300 North
Bernardino, California.
adj ourned regular
2:30 p.m., in the
"D" Street, San
RECONVENE MEETING
At 2:42 p.m. Mayor Minor reconvened the adjourned 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; city Attorney
Penman, City Clerk Raohel Clark. Absent: Council Member Miller;
City Administrator Shauna Clark.
PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 93-15-
AUTOMATIC EXTENSION OF TIME - CONDITIONAL USE PERMITS,
DEVELOPMENT PERMITS & VARIANCES (31)
This is the time and place set for a public hearing to
consider Development Code Amendment No. 93-15, a request to
permit a one-time, automatic two year extension of time for
previously approved conditional use permits, development permits,
and variances.
In a memorandum dated December 21, 1993, Al Boughey,
Director of Planning & Building Services, stated that Governor
Pete Wilson signed Senate Bill 428 on September 13, 1993, which
extended the expiration date of tentative tract and parcel maps
that had not expired on the effective date of the legislation.
On December 20, 1993, the Mayor and Common Council directed staff
to prepare a development code amendment to allow a similar
extension for conditional use permits, development permits, and
variances.
Development Code Amendment No. 93-15 is not subject to the
California Environmental Quality Act (CEQA), as extending the
expiration date of previously approved development projects will
not affect the environment. The Planning Commission at its
meeting of December 14, 1993, recommended approval of Development
Code Amendment No. 93-15.
Mayor Minor opened the hearing.
Jeff Wright, P.O.
concern regarding the
(CEQA), and Development
Box 2341, San Bernardino,
California Environmental
Code Amendment 93-15.
CA, expressed
Quality Act
20
1/10/94
~
COUNCIL MEMBER MILLER RETURNED
At 2:44 p.m., Council Member Miller returned to the Council
meeting and took her place at the council table.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTIONS 19.36.070, 19.44.070, 10.72.080 OF THE SAN
BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO GRANT A
ONE TIME, AUTOMATIC TWO YEAR EXTENSION OF TIME FOR
PREVIOUSLY APPROVED DEVELOPMENT APPLICATIONS.
First (31)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the hearing be
closed; and that said ordinance be laid over for final adoption.
PUBLIC HEARING - BICYCLE FACILITIES MASTER PLAN (32)
This is the time and place set for a public hearing to
consider adoption of the Bicycle Facilities Master Plan.
~.
In a memorandum dated December 23, 1993, Al Boughey,
Director of Planning & Building Services, stated that the Bicycle
Facilities Master Plan was undertaken in order to enhance the
quality of life in the City, meet General Plan requirements,
conform to the trip reduction ordinance and to increase
opportunities to receive federal, state and local funding for
bikeway improvements. A task force was assembled to monitor the
creation of this document. The Bicycle Facilities Master Plan
Task Force included representatives of the Parks, Recreation
Department, Public Works Department, City Administrator's Office
and the Planning and Building Services Division.
The city has applied for a grant to receive funds from the
Department of Transportation. The grant would allow the City to
construct bicycle paths, routes and lanes within the City.
Approval of the grant is contingent upon an approved plan. Staff
recommends adoption of the plan to include Phase I only and
return with Phases II and III at a later date, after full
environmental review has been completed.
Mayor Minor opened the hearing.
Jeff Wright, P.O. Box 2341,
adoption of the resolution; and
required to provide bicycle racks.
San Bernardino,
suggested that
CA, supported
businesses be
Al Boughey, Director of planning & Building Services, stated
that copies of the Bicycle Facilities Master Plan would be made
available at the Council meeting of March 7, 1994.
21
1/10/94
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE
BICYCLE FACILITIES MASTER PLAN, PHASE I. (32)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the public hearing
relative to the Bicyole Facilities Master Plan be continued to
March 7, 1994, in the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California.
COLTON METRO MALL - DISPOSITION & DEVELOPMENT AGREEMENT
(30)
In a memorandum dated January 4, 1994, Council Member
Hernandez, requested that the Mayor and Council discuss the
Colton Metro Mall Disposition and Development Agreement.
Discussion was held relative to the city Attorney's Office
involvement in protesting the Colton Metro Mall Disposition and
Development Agreement and the requirement that the city of Colton
provide an Environmental Impact Report.
Jeff Wright, P.O. Box 2341, San Bernardino, California,
requested to review the Environmental Impact Report.
Council Member Hernandez made a motion, seconded by Council
Member Miller, and unanimously carried, that the Mayor and Common
Council table this matter.
RECONSIDER - DEPUTY CITY ATTORNEY IV POSITION - CITY
ATTORNEY'S OFFICE - AUTHORIZATION TO FILL - DISCUSSED
EARLIER IN THE MEETING - SEE PAGE 19 (29)
This is the time and place set to reconsider action taken
relative to the Deputy City Attorney IV position in the City
Attorney's Offioe.
Council Member
Member Devlin, that
Deputy city Attorney
be reconsidered.
Curlin made a motion, seconded by
the previous action taken relative
IV position in the city Attorney's
Council
to the
Office,
The motion
Members Curlin,
Members Negrete,
carried by the following vote:
Oberhelman, Devlin, Miller;
Hernandez, Pope-Ludlam.
Ayes:
Nays:
Council
Council
Discussion was held relative to authorization to fill the
Deputy city Attorney IV position being referred to the Personnel
Committee.
22
1/10/94
~,
council Member Devlin made a motion, seconded by Council
Member Oberhelman, that authorization for recruitment to fill one
Deputy city Attorney IV position, be approved. (Note: The vote
was taken after discussion.)
Discussion continued relative to the recommendations
proposed in the audit.
The
Members
Negrete,
motion failed by the following vote: Ayes:
Oberhelman, Devlin, Miller. Nays: Council
Curlin, Hernandez, Pope-Ludlam. Absent: None.
Council
Members
City Administrator Shauna Clark recommended that the
recommendations in the audit be implemented; and that a committee
of the city Attorney, Finance Director, and City Administrator,
be formed to provide the Mayor and Council with periodic status
reports.
Council Member Hernandez made a motion, seconded by Council
Member Pope-Ludlam, that previous action taken to refer the
authorization to fill one Deputy City Attorney IV position in the
City Attorney's Office to the Personnel Committee, be ratified.
The motion carried by the following vote: Ayes:
Members Negrete, Curlin, Hernandez, Pope-Ludlam. Nays:
Members Oberhelman, Devlin, Miller. Absent: None.
Council
Council
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTION 8.90.050. E. OF THE SAN BERNARDINO MUNICIPAL
CODE RELATING TO NOTICE TO THE CITY OF LONG TERM LEASES
ENTERED INTO BY MOBILE HOME OWNERS. First (Continued
from earlier in the meeting) (See page 16) (26)
City Attorney Penman stated that State
city from imposing a penalty of violation for
the City's provision to provide notice of
entered into by mobile home owners.
law prohibits the
not complying with
long term leases
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that said ordinance be laid over for final
adoption.
The
Members:
Miller.
motion carried by the following vote: Ayes: Council
Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam,
Nays: Council Member Devlin. Absent: None.
RECESS MEETING
At 3:55 p.m., Mayor Minor declared a five-minute recess.
23
1/10/94
RECONVENE MEETING
At 4:01 p.m., Mayor Minor reconvened the adjourned 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 t.aken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Sr.
Assistant cit.y Attorney Barlow, City Clerk Rachel Clark. Absent:
City Administrator Shauna Clark.
COMMUNITY DEVELOPMENT COMMISSION
MEETING
At 4:01 p.m., Chairman Minor
meeting of Community Development
Council Chambers of City Hall,
Bernardino, California.
ADJOURNED REGULAR
called the
commission
300 North
adjourned regular
to order in the
"D" Street, San
RES. 94-10 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING
THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND FRAZEE COMMUNITY CENTER. (R-2)
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, that said resolution be adopted.
Resolution No. 94-10 was adopted
Ayes: Council Members Negrete, Curlin,
Devlin, Pope-Ludlam, Miller. Nays: None.
by the following vote:
Hernandez, Oberhelman,
Absent: None.
At this time, the Mayor and
Community Development. Commission,
Development Commission items.
Common Council, acting as the
took action on the community
ADDITIONAL CLOSED SESSION CASES
Sr. Assistant City Attorney Barlow announced that the
following additional cases would be discussed in closed session:
Countv of San Bernardino and Inland Counties
Medical Aqenc~s. Citv of San Bernardino. et al -
Superior Court Case No. 224288;
Emerqency
Riverside
County of S_an Bernardino and Inland
Medical Aqen<2.Y- vs. ci tv of Colton.
Superior Court Case No. 242968.
Counties
et al
Emerqency
Riverside
24
1/10/94
~,
RECESS MEETING - CLOSED SESSION (1, R-9 & RS-2)
At 6:33 p.m., the Mayor and Common Council and community
Development Commission recessed to closed session for the
following:
a. to meet with its designated representatives regarding
labor relations matters pursuant to Government Code
Section 54957.6;
b. to confer with the attorney regarding pending
litigation pursuant to Government Code Section
54956.9(b) (1), as there is significant exposure to
litigation;
c.
based on existing facts
below, the City Council
whether a closed session
California Government Code
and circumstances, set out
is meeting only to decide
is authorized pursuant to
Section 54956.9(b) (2);
d.
to confer with the attorney regarding
litigation pursuant to Government Code
54956.9(c), so that Council/commission may
whether to initiate litigation;
pending
Section
decide
e. to consider personnel matters pursuant to Government
Code section 54957;
f. to confer with the Chief of Police on matters posing a
threat to the security of public buildings or a threat
to the public's right of access to public services or
public facilities pursuant to Government Code section
54957;
g. to give instruction to the City's/Commission's
negotiator on the purchase of property pursuant to
Government Code Section 54956.8. The real property
which the negotiations concern is generally located at:
The identity of each person with
whom negotiations are authorized is: ;
h.
to meet with an applicant for a
applicant's attorney pursuant
section 54956.7;
City license and the
to Government Code
i. to meet with the Chief of Police regarding matters of
public security pursuant to Government Code Section
54957;
25
1/10/94
j. to confer with the attorney regarding pending
litigation which has been initiated formally to which
the City is a party to pursuant to Government Code
section 54956.9(a) as follows:
stubblefield Construction Company. et al vs. citv of San
Bernardino. et al San Bernardino County Superior Court
Case No. 242998 and 242058; Court of Appeals Case No. 4th
civil No. E009749 (C/W E010088) ;
citv of San Bernardino vs. Jim L. Dykes. et al San
Bernardino Superior Court Case No. 254883;
Veloz vs. city of San Bernardino - United States District
Court Case No. SACV 95-570;
Tyrakowska vs. city of San Bernardino
District Court Case No. SA-CV-92-379;
United States
Patterson vs. city of San Bernardino
Superior Court Case No. SCV 00479.
San Bernardino
CLOSED SESSION
At 6:33 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; Sr.
Assistant City Attorney Barlow; City Clerk Rachel Clark. Absent:
City Administrator Shauna Clark.
Also present: Tim Steinhaus, Agency
Development; Ken Henderson, Executive
Department, Economic Development Agency.
Administrator, Economic
Director, Development
ADJOURN CLOSED SESSION
At 7:24 p.m., the closed session adjourned to the adjourned
regular meeting of the Mayor and Common Council of the City of
San Bernardino.
RECONVENE MEETING
At 7:24 p.m., the adjourned regular meeting of the Mayor and
Common Council of the City of San Bernardino reconvened in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
26
1/10/94
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; Sr.
Assistant City Attorney Barlow, City Clerk Rachel Clark. Absent
city Administrator Shauna Clark.
ADJOURNMENT
(33)
At 7:24 p.m., the adjourned regular meeting was adjourned.
The next regular meeting ~s scheduled for January 18, 1994;
however, that meeting will be adjourned to 8:00 a.m., Monday,
January 24, 1994, in the Council Chambers, City Hall, 300 North
"0" street, San Bernardino, California.
RACHEL CLARK
City Clerk
~. ,}
By 11 /?A~O
Oi ne J nes
" .
Deputy Clty Clerk
No. of Items: 40
No. of Hours: 10 hrs.
27
1/10/94