HomeMy WebLinkAbout01-24-1994 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
ADJOURNED REGULAR MEETING
JANUARY 24, 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 the lack of a quorum at the regular meeting
of January 18,1994, the meeting was postponed to 8:00 a.m.,
Monday, January 24, 1994, in the Council Chambers of city Hall.
The City Clerk has caused to be posted the order of
adjournment of said meeti.ng to be held on Monday, January 24,
1994, and has on file 1n 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., Tuesday, January 18, 1994, on the
door of the place at which said meeting was to be 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 24, 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, Pope-Ludlam, Miller; City
Attorney Penman, City Clerk Rachel Clark, City Administrator
Shauna Clark. Absent: None.
City Attorney Penman announced that the following additional
case would be discussed in closed session:
Insurance Company of the state of pennsvlvania ys. the city
of San Bernardino. et al - United States District Court Case
No. 94-0125 MRP (ex).
RECESS MEETING - CLOSED SESSION (1)
At 8:04 a.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;
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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:
Thomas Armendariz vs. James F. Penman. et al - united States
District Court Case No. 91-5757;
Samaan vs. ci tv of San Bernardino, et al - united States
District Court Case No. 93-0448 CMB (Jx);
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Countv vs. citv of Colton. et al - Riverside Superior Court
Case No. 242968.
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, Pope-Ludlam, Miller; City
Attorney Penman, city Clerk Rachel Clark, City Administrator
Shauna Clark. Absent: None.
Also present: Senior Assistant City Attorney Morillo, and
Margaret Scroggin, Administrative Operations Supervisor, City
Attorney's Office; Barbara Pachon, Director of Finance; and
Barbara Dillon, Director of Personnel.
READING
Deputy
resolutions
Development
session.
OF RESOLUTIONS & ORDINANCES
city Clerk Vale read the titles of
and ordinances on the regular, and
Commission agendas while the Council was
all the
community
in closed
DIRECTOR OF FINANCE PACHON EXCUSED
At 8:30 a.m., Barbara Pachon, Director of Finance, left the
closed session.
MARGARET SCROGGIN, ADMINISTRATIVE OPERATIONS
SUPERVISOR, CITY ATTORNEY'S OFFICE EXCUSED
At 8:30 a.m., Margaret Scroggin, Administrative Operations
Supervisor, city Attorney's Office, left the closed session.
ASSISTANT CITY ADMINISTRATOR
At 8:30 a.m., Fred Wilson,
arrived at the closed session.
WILSON ARRIVED
Assistant City Administrator,
SENIOR ASSISTANT CITY ATTORNEY BARLOW ARRIVED
At 8:30 a.m., Senior Assistant city Attorney Barlow arrived
at the closed session.
JOSEPH ARIAS, ATTORNEY AT LAW,
At 8:53 a.m., Joseph Arias,
Hospitality Lane, San Bernardino,
session.
ARRIVED
attorney at
CA, arrived
law, 560 East
at the closed
DIRECTOR OF RISK MANAGEMENT LORCH ARRIVED
At 8:53 a.m., victor Lorch, Director of Risk Management,
arrived at the closed session.
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SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED
At 8:53 a.m., Senior Assistant City Attorney Barlow left the
closed session.
ASSISTANT CITY ADMINISTRATOR WILSON EXCUSED
At 8:54 a.m., Fred Wilson, Assistant City Administrator,
left the closed session.
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 9:06 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 "0"
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 Dr. Thomas Harvick, Central
Christian Church.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member
Oberhelman.
ANNOUNCEMENT - COUNCIL MEMBER CURLIN
(2)
Council Member Curlin stated that the next town hall meeting
for Second Ward residents would be held February 2, 1994, at 6:30
p.m., at Lincoln School, 255 West 13th Street, San Bernardino.
ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ
(2A)
Council Member Hernandez urged
contact him at City Hall with any
pledged to continue to work to create
Third Ward residents
concern they may have
a better city.
to
and
PUBLIC COMMENTS - ROGER DUMAS
(3)
Roger Dumas, 498 West Court Street,
urged all residents and employees of the
natural disasters by setting aside adequate
San Bernardino, CA,
City to prepare for
food and clothing.
-
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PUBLIC COMMENTS - JEFF WRIGHT
(3A)
Jeff Wright, P.O. Box 2341, San Bernardino, CA, voiced
opposition to reducing the time allotted for public comments from
five minutes to three minutes.
ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ
(2B)
Council
the agenda
preparedness
Member Hernandez
to receive a
status.
requested that an item be placed on
report of the City's disaster
ANNOUNCEMENT - COUNCIL MEMBER CURLIN
(2C)
Council Member Curlin explained that the proposed change to
the resolution governing the length of time for public comments
would expand the time an individual could speak under public
comments by allowing three minutes initially and an unlimited
amount of two minute extensions granted by the Mayor and Council.
PUBLIC COMMENTS - JOHN STEVENS
(3B)
John Stevens, 4097 Pershing Avenue, San Bernardino, CA,
urged the city to proceed with establishing an ambulance service
within the Fire Department; and voiced opposition to reducing the
time allotted for public comments from five minutes to three
minutes.
PUBLIC COMMENTS - TERI FIELD
(3C)
Teri Field, Director, A special Place Museum, 1003 East
Highland Avenue, San Bernardino, CA, urged anyone wishing to make
a donation of toys to young victims of the Northridge Earthquake
to contact A Special Place Museum for further information.
SERVICE PIN AWARD CEREMONY
(4)
J. Lorraine Velarde, Executive Assistant to the Mayor, read
the names of the employees receiving service pin awards.
Each employee received a service pin from Mayor Minor in
gratitude of his/her many years of dedicated service to the city.
COUNCIL MINUTES
(6)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the minutes of the
following meeting of the Mayor and Common Council of the City of
San Bernardino be approved as submitted in typewritten form:
December 15, 1993.
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CLAIMS AND PAYROLL
(11)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the claims and
payroll, and authorization to issue warrants, as listed on the
memorandum dated January 18, 1994, from the Director of Finance,
be approved.
WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (5)
council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that further reading of
all resolutions and ordinances on the regular, and community
Development Commission agendas, be waived.
AUTHORIZE MEDICAL BENEFITS - EIGHT HEADSTART/PRESCHOOL
POSITIONS (7)
In a memorandum dated January 5, 1994, Barbara Dillon,
Director of Personnel, stated that Annie Ramos, Director of
Parks, Recreation and Community Services, has requested medical
benefits, in the amount of $238.50 per month, for the following
eight Headstart/Preschool positions: one Teacher/Director, two
Teachers, four Teacher Aides, and one Clerk. There would be no
impact on the General Fund, as these positions are federally
funded.
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, and unanimously carried, that medical benefits
for eight Headstart/Preschool positions, be approved as per the
memorandum dated September 21, 1993, from Annie Ramos, Director
of Parks, Recreation and Community services; and that the
Personnel Department be authorized to process the required forms
with the Public Employee's Retirement System (PERS) for benefit
enrollment and membership.
ACTION GRANT SENIOR COMPANION PROGRAM - AUTHORIZE
APPLICATION & ADMINISTRATION - $238,487 ANNUALLY - JULY
1, 1994 TO JUNE 30, 1997 (8)
In a memorandum dated January 6, 1994, Annie Ramos, Director
of Parks, Recreation and community Services, stated that the
Senior companion Program provides low income seniors as
companions for frail elderly, or disabled individuals so that
they may remain in, or return to their own homes, thus avoiding
institutionalization. This program has been renewed annually
since 1975, and currently has 66 companions assisting 270
clients.
The Senior
per hour in
transportation.
Companion volunteers receive an stipend of $2.45
addition to assistance with lunch and
The city would provide a local match of $60,920
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of which only $41,088 is from the General Fund, for salaries for
employees and expenses for volunteers. The state Action Office
provides the opportunity to revise the budget and work plan, as
circumstances change, ninety days prior to the end of the second
and third year.
council Member Hernandez made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the Director of
Parks, Recreation and Community services be authorized to apply
for and administer an Action Grant in the amount of $238,487 per
year to continue the Senior Companion Program for the period of
July 1, 1994 through June 30, 1997.
RLI INSURANCE - DAMAGE SETTLEMENT - PERRIS HILL PARK
CERAMICS STUDIO - AUTHORIZE ACCEPTANCE & PAYMENT TO ALL
CLAIMS RECONSTRUCTION FOR REPAIRS (9)
In a memorandum dated January 6, 1994, Annie Ramos, Director
of Parks, Recreation and Community services, stated that the
perris Hill Park Ceramics studio was damaged, and its contents
destroyed due to an arson fire on January 22, 1993. The
building and its contents are insured with RLI Insurance, with a
$5,000 deductible. RLI Insurance contracted with All Claims
Reconstruction to do the repair work for $64,282.51. The
remainder of the settlement, $7,402.27, would be used to replace
the contents of the Ceramics Studio. The Mayor and Council must
approve the settlement to enable payment to All Claims
Reconstruction.
Shauna Clark, ci ty Administrator, explained the insurance
settlement.
Discussion ensued regarding the insurance settlement as
explained in the staff report.
Council Member Oberhelman made a motion, seconded by
Council Member Hernandez, and unanimously carried, that the
damage settlement in the amount of $71,684.78 for fire damage to
the Ceramics Studio and its contents be accepted, and payment to
All Claims Reconstruction in the amount of $64,282.51 for
repairs, and expenditures in the amount of $7,402.27 for
replacement of contents, be authorized.
TIPPECANOE AVENUE, "c"
IMPROVEMENTS - APPROVAL
ADVERTISE FOR BIDS
STREET & DEL ROSA AVENUE
OF PLANS & AUTHORIZATION TO
(10)
In a memorandum dated January 7, 1994, Roger Hardgrave,
Director of Public Works/City Engineer, stated that plans for the
improvement of Tippecanoe Avenue, "c" street, and Del Rosa Avenue
have been prepared, and the project is ready to be advertised for
bids.
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The project consists of widening the existing streets,
installing traffic signals, street lights, storm drains,
landscaping, and a twenty-inch water line from Tippecanoe Avenue
and "c" street to Del Rosa Avenue and Third street. The total
estimated project cost is $9,100,000. An application was
submitted by the Inland Valley Development Agency and the City to
the Economic Development Agency for a $6,925,000 grant, or 75% of
the cost to fund these improvements. The 25% local matching
requirement would be provided by the Inland Valley Development
Agency from tax increment funds. The proposed improvements are
in compliance with the California Environmental Quality Act
(CEQA).
Roger Hardgrave, Director of Public Works/city Engineer,
stated that the final cost to the city would be zero, because the
project would be funded by Federal Redevelopment and local tax
increment funds.
council Member Oberhelman made a motion, seconded by Council
Member Pope-Ludlam, and unanimously carried, that the plans for
improvement of Tippecanoe Avenue, "c" street and Del Rosa
Avenue, in accordance with Plan No. 9053, be approved; and that
the Director of Public Works/City Engineer be authorized to
advertise for bids.
~
PERSONNEL ACTIONS
(12)
Discussion ensued regarding the process for granting higher-
acting classification status to an employee, and whether such
status is automatic or granted at the discretion of the Mayor and
Council.
council Member Oberhelman made a motion, that the personnel
actions submitted by the Chief Examiner dated January 13, 1994,
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.
The motion failed for lack of a second.
City Administrator Shauna Clark explained that a higher-
acting classification does not have to be granted automatically,
and is granted at the discretion of the Mayor and Council who
could review each request for higher-acting classification on a
case by case basis.
Council Member Devlin made a motion, seconded by Council
Member Oberhelman, that Unclassified Personnel Action Item Nos.
One and Two be approved, for an indefinite period of time until
the Chief of Police returns.
~
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The motion carried by the following vote: Ayes:
Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam,
Nays: Council Member Hernandez. Absent: None.
Council
Miller.
Discussion continued regarding the process for granting
higher-acting classification status to an employee.
council Member Hernandez made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the remaining
personnel actions, all General Fund Items and Unclassified Item
No. Three, submitted by the Chief Examiner dated January 13,
1994, 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.
RES. 94-11 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
BLACK CULTURE FOUNDATION RELATING TO FINANCIAL
ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FISCAL
YEAR 1993/94. (13)
Council Member Miller made a motion, seconded by Council
Member Oberhelman, that said resolution be adopted; and that
$30,494 be transferred from the Civic and Promotion Fund to the
respective departmental accounts as noted in the Staff Report
from the city Administrator dated January 14, 1994, to offset
costs associated with the event.
The motion carried, and Resolution No. 94-11 was adopted by
the following vote: Ayes: Council Members Negrete, Curlin,
Hernandez, Oberhelman, DeVlin, Pope-Ludlam, Miller. Nays: None.
Absent: None.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO ADOPTING REGULATIONS RELATING TO
POSTING OF THE AGENDA AND THE LENGTH OF TIME FOR PUBLIC
COMMENTS ON ITEMS BOTH ON AND NOT ON THE AGENDA
PURSUANT TO THE RALPH M. BROWN ACT AND REPEALING
RESOLUTION NOS. 87-1, 87-60 AND 88-280. (14)
Council Member Oberhelman made a motion, seconded by Council
Member curlin, that said resolution be adopted. (Note: There
was no vote taken.)
Discussion ensued regarding the positive and negative
aspects of the proposed resolution that would change the time
permitted for public comments from five minutes to three
minutes, with an unlimited amount of two minute extensions.
City Attorney Penman felt that the proposed change to the
time allocated for public comments was an unnecessary restriction
on residents, and expressed concern that the proposed change was
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1/24/94
the result of one disruptive individual, and could not withstand
a challenge in court.
Concern was expressed regarding the method for granting two
minute extensions of time. Discussion continued regarding the
merits of the proposed change to the time allocated for public
comments. Concern was expressed that any reduction in the time
granted for public comments was unfair to individuals
participating in their local government.
Jeff Wright, P.o. Box 2341, San Bernardino, CA, expressed
opposition to reducing the time permitted for public comments.
John Stevens,
voiced opposition
comments.
4097 Pershing Avenue,
to reducing the time
San Bernardino, CA,
allocated for public
Helen Kopczynski,
stated opposition to
comments.
8150 Cable Canyon,
reducing the time
San Bernardino, CA,
period for public
Discussion continued regarding the merits of the proposed
change in the time allocated for public comments.
Robert Castellanos, 752 North Tippecanoe, San Bernardino,
CA, expressed opposition to reducing the time granted for public
comments.
Council Member Hernandez made a substitute motion, seconded
by Council Member Negrete, that the matter be continued to
February 7, 1994, in the Council Chambers of city Hall, 300 North
"0" Street, San Bernardino, California.
The
Members
Miller.
motion carried by the following vote: Ayes: Council
Negrete, Hernandez, Oberhelman, Devlin, Pope-LUdlam,
Nays: Council Member Curlin. Absent: None.
RES. 94-12 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY
OF YUCAIPA RELATING TO THE JOINT USE OF THE CITY OF SAN
BERNARDINO I S HEARING OFFICER SERVICES, IN ACCORDANCE
WITH ASSEMBLY BILL 408. (15)
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, that said resolution be adopted.
Resolution No. 94-12 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
DeVlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
COUNCIL MEMBERS CURLIN & POPE-LUDLAM EXCUSED
At 10:46 a.m., Council Members Curlin & Pope-Ludlam left the
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council meeting.
RES. 94-13 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED
WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF
ABATEMENT OF PUBLIC NUISANCES (ABANDONED VEHICLES) ON
SAID PROPERTIES. (16)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that said resolution be adopted.
Resolution
Ayes: Council
Miller. Nays:
Ludlam.
No. 94-13 was
Members Negrete,
None. Absent:
adopted by the fOllowing vote:
Hernandez, Oberhelman, Devlin,
Council Members Curlin, Pope-
RES. 94-14 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION 6413, SECTION THIRTEEN,
TEMPORARY/PART-TIME EMPLOYEES, ENTITLED IN PART A
"RESOLUTION .ESTABLISHING A BASIC COMPENSATION
PLAN. "BY UPDATING INFORMATION CODIFYING PRIOR
COUNCIL ACTIONS. (17)
Council Member Oberhelman made a motion, seconded by Council
Hernandez, that said resolution be adopted.
Resolution
Ayes: Council
Miller. Nays:
Ludlam.
No. 94-14 was adopted by the following vote:
Members Negrete, Hernandez, Oberhelman, Devlin,
None. Absent: Council Members Curlin, Pope-
RES. 94-15 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF PROGRAM SUPPLEMENT NO. 79 OF LOCAL AGENCY FEDERAL-
AID PROJECTS, BETWEEN SAID CITY AND THE STATE OF
CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF
TRANSPORTATION, RELATING TO THE INSTALLATION OF
GUARDRAIL ON ALABAMA STREET AT CITY CREEK. (18)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that said resolution be adopted.
Resolution
Ayes: Council
Miller. Nays:
Ludlam.
No. 94-15 was
Members Negrete,
None. Absent:
adopted by the following vote:
Hernandez, Oberhelman, Devlin,
Council Members Curlin, Pope-
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RES. 94-16 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, "A
RESOLUTION. . . DESIGNATING CERTAIN STREETS OR PORTIONS
THEREOF AS THROUGH HIGHWAYS. .;" AND AUTHORIZING THE
REVERSAL OF THE TWO-WAY STOP AT THE INTERSECTION OF
TWENTY-SEVENTH STREET AND "H" STREET. (19)
Council Member Negrete made a motion, seconded by Council
Member Oberhelman, that said resolution be adopted.
Resolution
Ayes: Council
Miller. Nays:
Ludlam.
No. 94-16 was
Members Negrete,
None. Absent:
adopted by the following vote:
Hernandez, Oberhelman, Devlin,
Council Members Curlin, Pope-
RES. 94-17 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO PAUL GARDNER CORPORATION FOR
INSTALLATION OF TRAFFIC SIGNAL INTERCONNECT AND
MODIFICATIONS ON HIGHLAND AVENUE, FROM MUSCUPIABE DRIVE
TO SIERRA WAY; AND APPROVING DEDUCTIVE CONTRACT CHANGE
ORDER NO. ONE. (20)
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that the transfer of $49,900 from Account No.
250-670-57477, "Minor Improvements Various Locations," to
Account No. 242-362-57311, "Traffic Signal Interconnect-
Highland Avenue, Muscupiabe Drive to Sierra Way," be approved;
and that said resolution be adopted.
Roger Hardgrave, Director of Public Works/City Engineer,
explained that a deductive change order reduces the cost of the
contract.
The motion carried, and
the following vote: Ayes:
Oberhelman, DeVlin, Miller.
Members curlin, Pope-Ludlam.
Resolution No. 94-17 was adopted by
Council Members Negrete, Hernandez,
Nays: None. Absent: Council
ORD. MC-894 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. Final (21)
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, that said ordinance be adopted.
Ordinance MC-894 was adopted by the following vote: Ayes:
Council Members Negrete, Hernandez, Oberhelman, Devlin, Miller.
Nays: None. Absent: Council Members Curlin, Pope-Ludlam.
,-
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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. Final (22)
In a letter dated January 19,
Representative, Western Mobilehome
court, Moreno Valley, CA, stated
ordinance.
1994, Clay Hage,
Association, 21464
opposition to the
Regional
Marston
proposed
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, that said ordinance be adopted. (Note: There
was no vote taken.)
COUNCIL MEMBERS CURLIN & POPE-LUDLAM RETURNED
At 10:53 a.m., Council Members Curlin and pope-Ludlam
returned to the Council meeting and took their places at the
council table.
Richard Simon, 1768 East Sonora Avenue, San Bernardino, CA,
spoke in opposition to the proposed ordinance.
Jerry Butler, Mobilehome Rent Board Coordinator, Housing
Division, Economic Development Agency, explained the provisions
included in the proposed ordinance, and answered questions
regarding the mobile home park rent stabilization ordinance.
Discussion ensued regarding the merits of the proposed
ordinance.
Council Member Hernandez made a substitute motion, seconded
by Council Member Miller, and unanimously carried, that said
ordinance be continued to February 7, 1994, in the Council
Chambers of City Hall, 300 North "D" street, San Bernardino,
California.
ORD. MC-895 AN ORDINANCE OF THE CITY OF SAN
BERNARDINO AMENDING SECTIONS 19.36.070, 19.44.070 AND
19.72.080 OF THE SAN BERNARDINO MUNICIPAL CODE
(DEVELOPMENT CODE) TO GRANT A ONE TIME, AUTOMATIC TWO
YEAR EXTENSION OF TIME FOR PREVIOUSLY APPROVED
DEVELOPMENT APPLICATIONS. (Discussed later in the
meeting) (See page 15) Final (23)
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, that said ordinance be adopted.
Ordinance MC-895 was adopted by the following vote:
Council Members Negrete, Curlin, Hernandez, Oberhelman,
Pope-Ludlam, Miller. Nays: None. Absent: None.
Ayes:
Devlin,
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1/24/94
RECESS MEETING
At 11:19 a.m., Mayor Minor declared a ten-minute recess.
RECONVENE MEETING
At 11:32 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.
PUBLIC HEARING IMPOSING LIENS ON PROPERTY-
UNCOLLECTED BUSINESS REGISTRATION FEES (24)
This is the time and place set for a public hearing to
consider imposing liens on real property located within the City
of San Bernardino for uncollected business registration fees for
the renting or leasing of dwelling units.
In a memorandum dated January 5, 1994, Rachel Clark, City
Clerk, requested authorization to impose liens on parcels of
property for uncollected business registration fees.
City Clerk Clark stated that Exhibit "A" of the resolution
should be amended to delete the following addresses: 243 East
28th street, 232 East lOth Street, 1463 West lOth Street, and
2765 West Union Street.
Mayor Minor opened the hearing.
Jeff Wright, P.O. Box 2341, San
opposition to imposing liens on property
registration fees.
Bernardino, CA, voiced
for uncollected business
RES. 94-18 - 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. (24)
Council Member
Member curlin, and
closed.
Hernandez made a motion, seconded by Council
unanimously carried, that the hearing be
~
Council Member Hernandez made a motion, seconded by Council
Member Miller, that said resolution be adopted, and that Exhibit
"A" be amended by deleting the following addresses: 243 East
28th Street, 232 East 10th Street, 1463 West lOth Street, and
14
1/24/94
2765 West Union street.
Resolution
Ayes: Council
Devlin, Miller.
None.
No. 94-18 was adopted by the following vote:
Members Negrete, Curlin, Hernandez, Oberhelman,
Nays: Council Member Pope-Ludlam. Absent:
RECONSIDER - ORD. MC-895 - AN ORDINANCE OF THE CITY OF
SAN BERNARDINO AMENDING SECTIONS 19.36.070, 19.44.070
AND 19.72.080 OF THE SAN BERNARDINO MUNICIPAL CODE
(DEVELOPMENT CODE) TO GRANT A ONE TIME, AUTOMATIC TWO
YEAR EXTENSION OF TIME FOR PREVIOUSLY APPROVED
DEVELOPMENT APPLICATIONS. (Discussed earlier in the
meeting) (See page 13) Final (23)
Council Member Hernandez made a motion, seconded by Council
Member Miller, and unanimously carried, that said ordinance be
reconsidered.
Helen Kopczynski, 8150 Cable
spoke in opposition to granting
approved development applications.
Canyon, San Bernardino, CA,
an extension to previously
Discussion ensued regarding the merits of granting the time
extension to previously approved development applications.
ci ty Administrator Clark explained that the City complies
with all State laws regarding development applications.
Martha Manus, 1918 West 15th Street, San
expressed opposition to granting extensions
approved development applications.
Bernardino, CA,
to previously
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, and unanimously carried, to ratify the
previous action taken to approve Ordinance MC-895.
RES. 94-19 - 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.
(Continued from January 10, 1994) (25)
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, that said resolution be adopted.
Resolution No. 94-19 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
15
1/24/94
WAIVE FEES - $452.50 - USE OF STURGES AUDITORIUM - MIKE
C. PRODUCTIONS (26)
In a
Director of
the Mike C.
the amount
February 5,
memorandum dated January 10, 1994, Annie Ramos,
Parks, Recreation and Community Services, stated that
Production Company has requested a waiver of fees in
of $452.50 for the use of Sturges Auditorium on
1994.
Shauna Clark, City Administrator, explained that this
organization did not qualify for a waiver of fees pursuant to
Resolution No. 91-35.
Michael Smith, Executive Producer, Mike C. Productions, 645
Auto Center Drive, San Bernardino, CA, explained that this is a
positive activity for the City's youth to participate in.
Discussion ensued regarding the event that would be held at
the Sturges Auditorium.
Martha Manus, 1918 West 15th street, San Bernardino, CA,
spoke in support of programs for the youth in the community.
Council Member Hernandez made a motion, seconded
Member Negrete, and unanimously carried, that the
tabled.
by Council
matter be
RECESS MEETING - CLOSED SESSION
At 12:01 p.m., the Mayor and
Development Commission recessed
following:
(1 & R-ll)
Common Council and Community
to closed session for the
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;
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
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).
CLOSED SESSION
At 12:01 p.m., Mayor Minor called the closed session to
order in the conference room of the Council Chambers of city
Hall, 300 North "0" street, San Bernardino, California.
,-
16
1/24/94
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; City
Attorney Penman, City Clerk Rachel Clark, City Administrator
Shauna Clark. Absent: None.
Also present: Timothy Steinhaus, Agency Administrator, and
Ken Henderson, Executive Director, Development Department,
Economic Development Agency; Senior Assistant City Attorney
Barlow, Tim Sabo, Sabo and Green, special council to the Economic
Development Agency.
ADJOURN CLOSED SESSION
At 12:28 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 12:28 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, Miller; City
Attorney Penman, City Clerk Rachel Clark, City Administrator
Shauna Clark. Absent: None.
RECESS MEETING
At 12:28 p.m., Mayor Minor recessed the meeting until 2:00
p.m., in the Council Chambers of city Hall, 300 North "D" Street,
San Bernardino, California.
RECONVENE MEETING
At 2:03 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, Miller;
Deputy city Attorney Empeno, City Clerk Rachel Clark. Absent:
City Administrator Shauna Clark.
17
1/24/94
APPEAL PLANNING COMMISSION I S APPROVAL TENTATIVE
TRACT NO. 15494 & CONDITIONAL USE PERMIT NO. 92-34-
PROPOSAL TO SUBDIVIDE 10.4 ACRES & CONSTRUCT SEVEN
SINGLE-FAMILY UNITS RESIDENTIAL LOW LAND USE
DESIGNATION - EAST SIDE OF GRANDE VISTA AVENUE - SOUTH
OF EDGEMONT DRIVE - CONTINUED FROM DECEMBER 6, 1993(28)
This is the time and place continued to consider an appeal
of the Planning Commission's approval of Tentative Tract No.
15494 and Conditional Use Permit No. 92-34, a proposal to
subdivide 10.4 acres into eight lots and construct seven single-
family dwelling units on seven of the eight lots in the RL,
Residential Low land use designation, on the easterly side of
Grande vista Avenue, 300 feet south of Edgemont Drive.
In a memorandum dated January 12, 1994, Al Boughey, Director
of Planning and Building Services, stated that the appeal was
continued so that two easement agreements could be prepared. One
of the easements would provide access; the second easement would
provide the Fuel Modification Zone. As the easement agreements
are not yet completed, signed and recorded, staff recommends that
the matter be continued to April 4, 1994.
Mayor Minor opened the hearing.
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the matter be
continued to April 4, 1994, in the Council Chambers of city Hall,
300 North "D" street, San Bernardino, California.
APPEAL - PLANNING COMMISSION'S DENIAL - VARIANCE NO.
93-11 - OFF SITE FREEWAY SIGN FOR COMMERCIAL SHOPPING
CENTER ACROSS FROM SCOTTISH RITE TEMPLE PROPERTY-
CONTINUED FROM NOVEMBER 15, 1993 (29)
This is the time and place continued to for an appeal of the
Planning Commission's denial of Variance No. 93-11 for an off
site freeway sign for a commercial shopping center to be located
between Varsity Avenue and College Avenue on the west side of
university Parkway, across Varsity Avenue from the Scottish Rite
Temple property. The proposed off site freeway sign would be
located on the property occupied by the scottish Rite Temple,
located between Interstate 215 and Varsity Avenue, on the west
side of University Parkway.
In a letter dated January 24, 1994, Karl Haws, Mundell,
Odlum and Haws, 275 West Hospitality Lane, suite #300, San
Bernardino, CA, requested that the appeal be continued to a later
meeting date.
Mayor Minor opened the hearing.
18
1/24/94
council Member Hernandez made a motion, seconded by Council
Member Negrete, that the hearing be closed; and that the Mayor
and Council deny Variance No. 93-11 based upon the findings of
fact contained in the September 21, 1993 Planning Commission
staff report. (Note: There was no vote taken.)
council Member Hernandez made a substitute motion, seconded
by Council Member Oberhelman, and unanimously carried, that the
matter be continued to March 21, 1994, in the Council Chambers of
City Hall, 300 North "D" street, San Bernardino, California.
APPEAL - PLANNING COMMISSION'S DENIAL - VARIANCE NO.
93-19 - MULTI-TENANT SIGN - WATERMAN AVENUE & BASE LINE
STREET - STATER BROS. DEVELOPMENT INC. (30)
This is the time and place set for an appeal of the Planning
commission's denial of Variance No. 93-19, to construct a center
identification pylon sign, with four tenants identified on a
parcel located at the northeast corner of Waterman Avenue and
Base Line street, in the CG-2, Commercial General land use
designation.
In a memorandum dated December 29, 1993, Al Boughey,
Director of Planning and Building Services, stated that the
applicant, Stater Bros. Development Inc., has requested a forty
foot pylon sign with 474.5 square feet of sign face area, and
four tenant spaces supported by two steel I-beams with no
enhancement. The proposed sign exceeds all sign standards in the
Development Code. There is an existing, non-conforming pylon
sign adjacent to Waterman Avenue similar to the proposed sign.
There are no special circumstances regarding topography, size,
shape or location of the proposed sign which would deprive the
applicant of privileges enjoyed by other property in the area,
under the same land use classification. The proposed sign is
exempt from the provisions of the California Environmental
Quality Act (CEQA). The Planning commission, at its December 14,
1993, meeting denied the variance request based on the findings
of fact.
Mayor Minor opened the hearing.
Director Boughey
Commission's denial of
narrated by Jeff Adams,
explained the basis for the
Variance No. 93-19; and showed
of similar signs in the area.
Planning
a video,
Scott Limbacher,
Development Inc., 4123
the proposed sign.
Director of Construction, Stater Bros.
Marco, Phelan, CA, explained the need for
Walter Ford, Vice President of Real Estate, Stater Bros.
Development, Inc., 21700 Barton Road, Colton, CA, answered
questions regarding the possible re-use of the old Stater Bros.
19
1/24/94
-,.-~.
facility.
Brett Granlund, Young
Philadelphia, Ontario, CA,
proposed sign.
Electric
answered
Sign Company, 1413 East
questions regarding the
A discussion was held regarding the merits of the proposed
sign, and the Development Code sign standards.
Deputy City Attorney Empeno explained the procedures for
approval of this variance request.
Discussion continued regarding the merits of the proposed
sign.
Council Member Oberhelman made a motion, seconded by Council
Member Pope-Ludlam, to uphold the appeal of Variance No. 93-19.
(Note: There was no vote taken.)
Jeff Wright, P.O. Box 2341, San Bernardino, CA, spoke in
support of the proposed sign for stater Bros.
Discussion ensued regarding the merits of the appeal.
~,
Council Member Oberhelman amended his motion, seconded by
Council Member Pope-Ludlam, that the appeal be upheld, Variance
No. 93-19 be approved in concept, and that staff be directed to
prepare positive findings; and that the matter be continued to
February 7, 1994, in the Council Chambers of city Hall, 300 North
"D" Street, San Bernardino, California. (Note: There was no
vote taken.)
council Member Curlin made a substitute motion, seconded by
Council Member Hernandez, that the appeal be upheld, Variance No.
93-19 be approved in concept, and that staff be directed to
prepare positive findings, with the amendment that the sign be
lowered five feet to a height of thirty-five feet; and that the
matter be continued to February 7, 1994, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
The motion failed by the following vote:
Members Curlin, Hernandez. Nays: Council
Oberhelman, Pope-Ludlam, Miller. Abstain:
Devlin. Absent: None.
Ayes: Council
Members Negrete,
Council Member
Council Member Pope-Ludlam made a motion, seconded by
Council Member Oberhelman, that the appeal be upheld, Variance
No. 93-19 approved in concept, and that staff be directed to
prepare positive findings; and that the matter be continued to
February 7, 1994, in the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California.
20
1/24/94
The motion
Members Negrete,
Member Miller.
Absent: None.
carried by the following vote: Ayes:
Curlin, Oberhelman, Pope-Ludlam. Nays:
Abstain: Council Members Hernandez,
council
Council
Devlin.
CITY ADMINISTRATOR SHAUNA CLARK RETURNED
At 2:49 p.m., city Administrator Shauna Clark returned to
the Council meeting.
BOARD OF EDUCTION OF SAN BERNARDINO CITY UNIFIED SCHOOL
DISTRICT REQUEST WORKSHOP TO DISCUSS GRAFFITI,
TRANSPORTATION PLANNING, GANG & DRUG INTERVENTION (27)
In a memorandum dated January 14, 1994, Shauna Clark, City
Administrator, stated that in a letter dated January 6, 1994,
Neal Roberts, Superintendent and Secretary of the San Bernardino
Board of Education of the San Bernardino City Unified School
District, 777 North "F" Street, San Bernardino, CA, invited the
Mayor and Council to schedule a meeting to be held on either
February 8, February 22, March 8, or March 22, 1994, to discuss
graffiti, transportation planning, gang and drug intervention and
prevention, and other matters of concern.
CITY ATTORNEY PENMAN RETURNED
At 2:51 p.m., City Attorney Penman returned to the Council
meeting.
Council Member Devlin made a motion, seconded by Council
Member Oberhelman, to set a joint meeting for any day other than
the first and third Monday of each month. (Note: There was no
vote taken.)
Council Member Oberhelman made a substitute motion, to set a
joint meeting for February 22, 1994.
The substitute motion failed for lack of a second.
Council Member Devlin withdrew his motion.
Jeff Wright, P.O. Box 2341, San Bernardino, CA, felt that
the meeting should be advertised so that the public could attend.
Council Member Oberhelman made a motion, seconded by Council
Member Miller, and unanimously carried, to set a joint meeting of
the San Bernardino Unified School District Board of Trustees and
the Mayor and Council of the City of San Bernardino for February
22, 1994, at 6:00 p.m.
,-
RECESS MEETING - CLOSED SESSION
At 2: 58 p.m.. the Mayor and Common Council and
Development Commission recessed to closed session
following:
(1)
Community
for the
21
1/24/94
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 and circumstances, set out
below, the city Council is meeting only to decide
whether a closed session is authorized pursuant to
California Government Code 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:
Thomas Armendariz vs. James F. Penman. et al - united States
District Court Case No. 91-5757;
22
1/24/94
"_.,
Samaan vs. city of San Bernardino. et al - united States
District Court Case No. 93-0448 CMB (Jx);
County vs. city of Colton. et al - Riverside Superior Court
Case No. 242968;
Insurance Company of the State of PennsYlvania vs. the city
of San Bernardino. et al - united States District Court Case
No. 94-0125 MRP (ex).
CLOSED SESSION
At 2:58 p.m., Mayor Minor called the closed session to order
in the conference room of the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Hernandez, Oberhelman, Devlin, pope-Ludlam, Miller; City
Attorney Penman, City Clerk Rachel Clark, city Administrator
Shauna Clark. Absent: None.
,-
Also present: Senior Assistant city Attorney Morillo,
Deputy City Attorney simmons, and Margaret scroggin,
Administrative Operations Supervisor, City Attorney's Office;
Joseph Arias, attorney at law, 560 East Hospitality Lane, San
Bernardino, California.
DEPUTY CITY ATTORNEY SIMMONS EXCUSED
At 3:02 p.m., Deputy city Attorney Simmons left the closed
session.
SENIOR ASSISTANT CITY ATTORNEY MORILLO EXCUSED
At 3:24 p.m., Senior Assistant City Attorney Morillo left
the closed session.
TIMOTHY STEINHAUS, AGENCY ADMINISTRATOR,
DEVELOPMENT AGENCY ARRIVED
At 3:25 p.m., Timothy Steinhaus,
Economic Development Agency arrived at the
ECONOMIC
Agency Administrator,
closed session.
SENIOR ASSISTANT CITY ATTORNEY BARLOW ARRIVED
At 3:25 p.m., Senior Assistant City Attorney Barlow arrived
at the closed session.
TIM SABO, SPECIAL COUNSEL TO THE ECONOMIC DEVELOPMENT
AGENCY ARRIVED
At 3:25 p.m., Tim Sabo, Sabo and Green, 6320 Canoga Avenue,
suite #400, Woodland Hills, special counsel to the Economic
Development Agency, arrived at the closed session.
-
23
1/24/94
,-
KENNETH HENDERSON, EXECUTIVE DIRECTOR, DEVELOPMENT
DEPARTMENT, ECONOMIC DEVELOPMENT AGENCY ARRIVED
At 3:25 p.m., Kenneth Henderson, Executive Director,
Economic Development Agency, arrived at the closed session.
DAVE EDGAR, HOUSING DIVISION MANAGER, ECONOMIC
DEVELOPMENT AGENCY ARRIVED
At 3:25 p.m., Dave Edgar, Housing Division Manager, Economic
Development Agency, arrived at the closed session.
JOSEPH ARIAS, ATTORNEY AT LAW,
At 3:28 p.m., Joseph Arias,
Hospitality Lane, San Bernardino,
session.
EXCUSED
attorney at
California,
law, 560 East
left the closed
CITY ATTORNEY PENMAN EXCUSED
At 3:29 p.m., City Attorney Penman left the closed session.
MARGARET SCROGGIN, ADMINISTRATIVE OPERATIONS
SUPERVISOR, CITY ATTORNEY'S OFFICE EXCUSED
At 3:32 p.m., Margaret Scroggin, Administrative Operations
Supervisor, City Attorney's Office, left the closed session.
SENIOR ASSISTANT CITY ATTORNEY MORILLO RETURNED
At 3:34 p.m., Senior Assistant City Attorney Morillo
returned to the closed session.
COUNCIL MEMBER CURLIN EXCUSED
At 3:40 p.m., Council Member Curlin left the closed session.
City Attorney Penman announced that the following additional
case had been discussed in closed session:
Stubblefield vs. city of San Bernardino - Court of Appeals
Case No. E009749 (C/W E010088).
CITY ADMINISTRATOR SHAUNA CLARK EXCUSED
At 4:40 p.m., city Administrator Shauna Clark left the
closed session.
ADJOURN CLOSED SESSION
At 4:46 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 4:48 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.
24
1/24/94
~
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Hernandez, Oberhelman, Devlin, Miller; Senior Assistant City
Attorney Barlow, City Clerk Rachel Clark. Absent: Council
Members Curlin, pope-Ludlam; City Administrator Shauna Clark.
COMMUNITY DEVELOPMENT COMMISSION - ADJOURNED REGULAR
MEETING
At 4:48 p.m., Chairman Minor called the adjourned regular
meeting of the Community Development Commission to order in the
Council Chambers of city Hall, 300 North "D" Street, San
Bernardino, California.
COMMUNITY
MEETING
At this time, the Mayor and Common
Community Development Commission, took
Development Commission items.
DEVELOPMENT COMMISSION
- ADJOURNED REGULAR
Council,
action
acting as the
on Community
COUNCIL MEMBER CURLIN RETURNED
At 4:50 p.m., Council Member Curlin returned to the Council
meeting and took his place at the council table.
COUNCIL MEMBER
At 4:57 p.m.,
Council meeting and
POPE-LUDLAM RETURNED
Council Member pope-Ludlam returned
took her place the council table.
to the
RES. 94-20 - 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 THE COUNTY OF SAN BERNARDINO FOR THE MACY/BLAKE
SEWER PROJECT. (R-6)
Council Member Hernandez made a motion, seconded by Council
Member Negrete, that said resolution be adopted.
Resolution No. 94-20 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
LOCAL BID PREFERENCE CRITERIA - CONTINUED FROM JANUARY
10, 1994 (R-7)
This is the time and place continued to consider adopting a
policy to provide preference to local bidders.
In a memorandum dated January 20, 1994, Timothy Steinhaus,
Agency Administrator, Economic Development Agency, stated that
in a memorandum dated January 20, 1994, Fred Wilson, Assistant
City Administrator, recommended that the matter regarding the two
25
1/24/94
~.,
draft local bid preference ordinances be continued to February 7,
1994, to allow a comprehensive review of all issues associated
with this concept.
Council Member Miller 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.
RES. 94-21 - RESOLUTION OF THE CITY OF SAN BERNARDINO
RESCINDING RESOLUTION NO. 93-360 AWARDING A CONTRACT TO
B-1 ENTERPRISE CORPORATION; AND AWARDING A CONTRACT TO
WEST COAST CONSTRUCTION FOR INSTALLATION OF HANDICAPPED
RAMPS AT VARIOUS LOCATIONS. (R-S)
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, that said resolution be adopted.
Resolution No. 94-21 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
RES. 94-22 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO APPROVING THE SALVATION
ARMY EMERGENCY SHELTER PROGRAM; AND AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND THE
SALVATION ARMY - SAN BERNARDINO CORPS., TO BE DRAFTED
IN CONFORMANCE WITH THE ATTACHED STAFF REPORT.
(Continued from December 20, 1993) (R-9A)
RES. 94-23 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO
EXECUTE A FIRST AMENDMENT TO THE CDBG FRAZEE COMMUNITY
CENTER PUBLIC SERVICES AGREEMENT BY AND BETWEEN THE
CITY AND FRAZEE COMMUNITY CENTER. (continued from
December 20, 1993) (R-9B)
Tim Sabo, Sabo
Development Agency,
would be funded.
and Green,
explained
special counsel to the Economic
how the Salvation Army program
Carolyn Torbett, Sal vation Army, 746 West 5th street, San
Bernardino, CA, answered questions regarding the Salvation Army
representative payee program.
Jeff wright, P.O. Box 2341, San Bernardino, CA, expressed
support for the Salvation Army and its various programs.
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, that said resolutions be adopted.
26
1/24/94
-
Resolution Nos. 94-22 and 94-23 were adopted by the
following vote: Ayes: Council Members Negrete, Curlin,
Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None.
Absent: None.
ADJOURNMENT (31)
At 5:11 p.m., the meeting was adjourned. The next regular
meeting is scheduled to be held at 8:00 a.m., Monday, February 7,
1994, in the Council Chambers of city Hall, 300 North "D" street,
San Bernardino, California.
RACHEL CLARK
city Clerk
By '~dd/~~' dj~ '-
Melanie Vale
Deputy city Clerk
No. of Items: 43
No. of Hours: 7.30
27
1/24/94