HomeMy WebLinkAbout08-01-1994 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
REGULAR MEETING
AUGUST 1, 1994
COUNCIL CHAMBERS
The regular meeting of the Mayor and Common Council of the
City of San Bernardino was called to order by Mayor Minor at 8:06
a.m., Monday, August 1, 1994, 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, Oberhelman, Devlin, Miller; Senior Assistant City Attorney
Morillo; City Clerk Rachel Clark; City Administrator Shauna Clark.
Absent: Council Members Hernandez, Pope-Ludlam.
RECESS MEETING - CLOSED SESSION
At 8: 07 a. m., the Mayor and Common Council and
Development Commission recessed to closed session
following:
(1)
Community
for the
1. Pursuant to Government Code Section 54956.9(a).
A. Conference With Legal Counsel - Existing Litigation:
(1) Marianne Barklaoe vs. City of San Bernardino - HUD
Case No. 099422808;
(2) Rubio vs. City of San Bernardino - San Bernardino
Superior Court Case No. 276259;
(3) Brownlee vs. Moreno/City of San Bernardino - San
Bernardino Superior Court Case No. SCV 05565;
(4)
Leslie Bond ys. San Bernardino
Development Commission. et al San
Superior Court Case No. 276373;
Community
Bernardino
(5) LaVonne Ferouson vs. City of San Bernardino
United States District Court Case No. SACV 94-143
AHS;
(6) ROlas vs. City of San Bernardino - San Bernardino
Superior Court Case No. SCV 06004.
2. Pursuant to Government Code Section 54956.9, Subdivision (b).
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A. Conference With Legal Counsel - Anticipated Litigation:
(1) Significant exposure tc litigation: Two potential
cases.
3. Pursuant to Government Code Section 54957.6.
A. Conference With Labor Negotiator:
Aqency Neqotiator:
Shauna Clark, City Administrator
Employee Orqanization:
San Bernardino City Employees' Association, representing
General employees.
4. Pursuant to Government Code Section 54957.
A.
Threat to Public
Chambers Security)
Services or Facilities. (Council
(Continued from July 18, 1994):
(1) Consultation with Sergeant, San Bernardino Police
Department.
CLOSED SESSION
At 8:07 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, Miller; Senior Assistant
City Attorney Morillo; City Clerk Rachel Clark; City Administrator
Shauna Clark. Absent: Council Member Pope-Ludlam.
Also present: Senior Deputy City Attorney Simmons and Bonnie
Greenleaf, Legal Secretary, City Attorney's Office; and Tim
Steinhaus, Agency Administrator, and Tim Sabo, Special Counsel,
Economic Development Agency.
READING OF RESOLUTIONS & ORDINANCES
Deputy City Clerk Cordova read the titles of all the
resolutions and ordinances on the Legular, supplemental and
Community Development Commission agendas while the Council was in
closed session.
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AGENCY ADMINISTRATOR STEINHAUS & SPECIAL COUNSEL SABO,
ECONOMIC DEVELOPMENT AGENCY, EXCUSED
At 8:10 a.m., Tim Steinhaus, Agency Administrator, and Tim
Sabo, Special Counsel, Economic Development Agency, left the closed
session.
PLANNING & BUILDING SERVICES DIRECTOR BOUGHEY & DEPUTY
CITY ATTORNEY EMPENO ARRIVED
At 8:16 a.m., Al Boughey, Director of Planning & Building
Services, and Deputy City Attorney Empeno arrived at the closed
session.
SENIOR DEPUTY
At 8: 16 a. m. ,
closed session.
CITY ATTORNEY SIMMONS EXCUSED
Senior Deputy City Attorney Simmons left the
COUNCIL MEMBER POPE-LUDLAM ARRIVED
At 8:18 a.m., Council Member Pope-Ludlam arrived to the closed
session.
DEPUTY CITY ATTORNEY EMPENO EXCUSED
ATTORNEY RHEMREV ARRIVED
At 8:23 a.m., Deputy City Attorney
Attorney Rhemrev arrived at the closed
&
DEPUTY
CITY
Empeno left and Deputy City
session.
SENIOR ASSISTANT CITY ATTORNEY MORILLO, DEPUTY CITY
ATTORNEY RHEMREV, LEGAL SECRETARY GREENLEAF AND PLANNING
& BUILDING SERVICES DIRECTOR BOUGHEY EXCUSED
At 8:36 a.m., Senior Assistant City Attorney Morillo, Deputy
City Attorney Rhemrev, Bonnie Greenleaf, Legal Secretary, City
Attorney's Office, and Al Boughey, Director of Planning & Building
Services, left the closed session.
SPECIAL COUNSEL SIMITIAN ARRIVED
At 8:36 a.m., S. Joseph Simitian, Special Counsel to the City,
Kay & Stevens, Attorneys at Law, 490 California Avenue, Suite 400,
Palo Alto, CA, arrived at the closed session.
CITY ADMINISTRATOR SHAUNA CLARK EXCUSED
At 8:37 a.m., City Administrator Shauna Clark left the closed
session.
ADJOURN CLOSED SESSION
At 9:06 a.m., the closed session adjourned to the
meeting of the Mayor and Common Council of the City
Bernardino.
regular
of San
RECONVENE MEETING
At 9:09 a.m., Mayor Minor reconvened the regular meeting of
the Mayor and Common Council of the City of San Bernardino in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
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ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
foll,?wing being present: Mayor Minor; Council Members Negrete,
Curlln, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Senior
Assistant City Attorney Barlow; City Clerk Rachel Clark; City
Administrator Shauna Clark. Absent: None.
INVOCATION
The invocation was given by Father Barnabas Laubach, St.
Bernardine's Medical Center.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Devlin.
ANNOUNCEMENT - COUNCIL MEMBER CURLIN
(3)
Council Member Curlin apologized for his behavior at the July
15th Council Meeting, and admonished the Council to adhere to a
higher standard of conduct throughout the meetings of the Mayor and
Council.
ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ
(3A)
Council Member Hernandez stated that The Sun newspaper is
conducting an investigation relative cO the allegations made by
City Attorney Penman concerning possible corruption by four council
members. He stated that regardless of the negative publicity, his
dedication would not alter.
CLOSED SESSION ACTION - DISCUSSED LATER IN THE MEETING -
SEE PAGE 5 (1.2.A.l)
Mayor Minor announced that the following action was taken in
closed session:
Council Member Oberhelman made a motion, seconded by Council
Member Miller, and unanimously carried, that the Mayor be
authorized to retain counsel to represent City Administrator Shauna
Clark for a possible civil rights violation of Section 1090.
PUBLIC COMMENTS - GARY KIRBY
(4)
Gary Kirby, 1505 Yardley, San Bernardino, CA, requested
clarification as to whether individuals can speak on items which
have been heard before a standing Council Committee; and
recommended that a statement of such policy be placed on the
agenda.
Mayor Minor requested that the City Attorney investigate Mr.
Kirby's concerns.
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CLOSED SESSION ACTION - DISCUSSED EARLIER IN THE MEETING
- SEE PAGE 4 (1.2.A.1)
Mayor Minor announced that the following action was taken in
closed session:
Council Member
Member Miller, and
City Administrator
violation of Section
Oberhelman made a motion, seconded by Council
unanimously carried, that the City indemnify
Shauna Clark in a possible civil rights
1090.
PUBLIC COMMENTS - JOHN STEVENS
(4A)
John Stevens, 4097 Pershing Avenue, San Bernardino, CA,
expressed concern about the water quality wi thin the City, the
level of contamination within Norton Air Force Base, and the safety
of employees being relocated to Norton Air Force Base.
PUBLIC COMMENTS - JEFF WRIGHT
(4B)
Jeff Wright,
opposition to the
the escorting of
Council.
P. O. Box 2341, San Bernardino, CA, expressed
three-minute limitation on public speaking, and
individuals out of meetings of the Mayor and
PUBLIC COMMENTS - SUSAN ROGERS
(4C)
Susan Rogers, a resident of San Bernardino,
concern about the actions displayed by the Mayor and
conduct of their meetings.
CA, expressed
Council in the
WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (5)
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that full reading of the
resolutions and ordinances on the regular, supplemental and
Community Development Commission agendas, be waived.
RES. 94-207 - RESOLUTION OF THE CITY OF SAN BERNARDINO
APPROVING THE FINAL MAP FOR PARCEL MAP NO. 14476, LOCATED
AT THE SOUTHEASTERLY CORNER OF PEPPER AVENUE AND ETIWANDA
AVENUE; AND AUTHORIZING EXECUTION OF THE PARCEL MAP
IMPROVEMENT AGREEMENT FOR THE IMPROVEMENTS IN SAID
SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (10)
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, that said resolution be adopted.
Resolution NO. 94-207 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Devlin, pope-Ludlam, Miller. Nays: None. Absent: None.
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RES. 94-208 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE
OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE
DISPOSAL OF ANIMAL CARCASSES FROM STATE HIGHWAYS IN THE
SAN BERNARDINO AREA. (6)
A discussion was held regarding the salvage value of animal
carcasses.
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that said resolution be adopted.
Resolution No. 94-208 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
RES. 94-209 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING COST OF ABATEMENTS AND IMPOSING LIENS ON
CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY
OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF
PUBLIC NUISANCES (BUILDING ABATEMENTS) . (7)
Jeff Wright, P. O. Box 2341, San Bernardino, CA, asked if the
abatements pertained to vehicles.
City Administrator Shauna Clark stated that the abatements
were for the eradication of blight on buildings within the City.
Council Member Oberhelman made a motion, seconded by Council
Member Pope-Ludlam, that said resolution be adopted.
Resolution No. 94-209 was adopted
Ayes: Council Members Negrete, Curlin,
Devlin, Pope-Ludlam, Miller. Nays: None.
by the following vote:
Hernandez, Oberhelman,
Absent: None.
CLAIMS AND PAYROLL
(8)
Council Member Oberhelman made a motion, seconded by Council
Member Curlin, and unanimously carried, that the claims and payroll
and authorization to issue warrants as listed on the memorandum
dated July 13, 1994, from the Director of Finance, be approved.
PERSONNEL ACTIONS - DISCUSSED LATER IN THE MEETING - SEE
PAGE 31 (9)
Council Member Hernandez made a motion, seconded by Council
Member Pope-Ludlam, that the personne: actions submitted by the
Chief Examiner dated July 21, 1994, in accordance with Civil
Service Rules and Personnel Policies adopted by the Mayor and
Common Council of the City of San Bernardino, be approved and
ratified except for Item Three; and that Item Three be referred to
the Personnel Committee. (Note: There was no vote taken.)
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A discussion was held regarding the purpose of referring Item
Three, appointment of Ronald C. Blymiller, Engineering Assistant
III, to the Personnel Committee.
Council Member Pope-Ludlam made a substitute motion, seconded
by Council Member Miller, and unanimously carried, that the
personnel actions submitted by the Chief Examiner dated July 21,
1994, in accordance with Civil Service Rules and Personnel Policies
adopted by the Mayor and Common Cocmcil of the City of San
Bernardino, be approved and ratified except for Item Three; and
that Item Three be continued to later in the meeting.
RES. 94-210 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY
OF REDLANDS RELATING TO THE DEVELOPMENT, OPERATION AND
MAINTENANCE OF THE EAST VALLEY SUB AREA TRAFFIC MODEL.
(llA)
RES. 94-211 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY
OF RIALTO RELATING TO THE DEVELOPMENT, OPERATION AND
MAINTENANCE OF THE EAST VALLEY SUB AREA TRAFFIC MODEL.
(llB)
RES. 94-212 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY
OF GRAND TERRACE RELATING TO THE DEVELOPMENT, OPERATION
AND MAINTENANCE OF THE EAST VALLEY SUB AREA TRAFFIC
MODEL. (lle)
Jeff Wright, P. o. Box 2341, San Bernardino, CA, inquired
about the services being provided to the cities for the East Valley
Sub Area Traffic Model.
Roger Hardgrave, Director of Public Works/City Engineer,
answered questions regarding the East Valley Sub Area Traffic
Model.
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that said resolutions be adopted.
Resolution Nos. 94-210, 94-211 and 94-212 were adopted by the
following vote: Ayes: Council Members Negrete, Curlin, Hernandez,
Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent:
None.
RES. 94-213 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A MASTER AGREEMENT WITH THE
CITY OF RIALTO RELATING TO MAINTENANCE OF TRAFFIC SIGNALS
AND STREET LIGHTS. (12)
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Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired
about the maintenance of the traffic signals and street lights.
City Engineer Hardgrave answered questions regarding the
maintenance services being provided for the traffic signals and
street lights.
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Resolution No. 94-213 was adopted by the following vote:
Ayes: Council Members Negrete, Curl in, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
RES. 94-214 - A RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1994-95 ASSESSMENT ROLL FOR THE 1990-03
IMPROVEMENT PROJECT UNDER CHAPTER 27 OF THE IMPROVEMENT
ACT OF 1911 AND CHAPTER 12.92 OF THE SAN BERNARDINO
MUNICIPAL CODE. (13)
RES. 94-215 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1994-95 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 965, FOR THE IMPROVEMENT OF LASSEN STREET,
NORTH OF BASELINE STREET IN THE CITY OF SAN BERNARDINO.
(14)
RES. 94-216 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1994-95 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 966, FOR THE IMPROVEMENT OF DALEY CANYON
ROAD, EASTERLY OF CHIQUITA LANE IN THE CITY OF SAN
BERNARDINO. (15)
RES. 94-217 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1994-95 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 971, FIRE STATION CONSTRUCTION REIMBURSEMENT
DISTRICT IN THE TRI-CITY AREA. (16)
RES. 94-218 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1994-95 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 1004, SIGNALIZATION DISTRICT, COMMERCENTER
EAST AREA. (18)
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that Resolution No. 94-214 be adopted. (Note:
The motion was subsequently amended.)
Jeff Wright, P. o. Box 2341, San Bernardino, CA, expressed
opposition to the placement of assessment districts on the consent
calendar.
Director Hardgrave answered questions
establishment of assessment districts.
concerning
the
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Council Member Oberhelman amended his motion, seconded by
Council Member Hernandez, that said resolutions be adopted.
Resolution Nos. 94-214, 94-215, 94-216, 94-217 and 94-218 were
adopted by the following vote: Ayes: Council Members Negrete,
Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays:
None. Absent: None.
RES. 94-219 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1994-95 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 973, INSTALLATION OF TRAFFIC SIGNALS AT
UNIVERSITY PARKWAY AND HALLMARK PARKWAY. (17)
Concern was expressed relative to the inability to ascertain
when an assessment district will terminate.
City Engineer Hardgrave answered questions regarding the
termination date for Assessment District No. 973.
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Gary Kirby, 1505 Yardley, San Bernardino, CA, inquired about
the boundaries of the assessment district.
Director Hardgrave answered questions
installation sites for the traffic signals.
regarding
the
It was requested that assessment district termination dates be
noted on future Staff Reports.
Resolution No. 94-219 was adopted by the following vote:
Ayes: Council Members Negrete, Curl in, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
RES. 94-220 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CHANGING THE NAME OF BLOOD BANK ROAD BETWEEN "E" STREET
AND ITS EASTERLY TERMINUS, TO CHANDLER PLACE, WITHIN THE
CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO, EFFECTIVE
AS OF THE DATE OF ADOPTION OF THIS RESOLUTION. (21)
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Shauna Clark, City Administrator, stated that Blood Bank Road
is being changed to Chandler Place in honor of Mrs. Margaret
Chandler, who recently passed away, and Dr. Harold Chandler in
recognition of their dedicated service to the community.
Dr. Chandler expressed his appreciation.
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8-1-94
Resolution No. 94-220 was adopted by the following vote:
Ayes: Council Members Negrete, Curl in, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
PUBLIC HEARING - CENTRAL CITY PARKING DISTRICT - CONFIRM
ANNUAL FISCAL YEAR 1994/95 ASSESSMENT ROLLS (19)
This is the time and place set for a public hearing to confirm
the annual fiscal year 1994/95 assessment rolls for the Central
City Parking District.
In a memorandum dated July 18, 1994, Roger Hardgrave, Director
of Public Works/City Engineer, stated that a public meeting was
held on July 5, 1994; and on July 14, 1994, the matter was heard
before the City's Central City Parking Place Commission. The
Commission recommended that the fiscal year (FY) 1994/95 assessment
rolls be approved at the FY 1993/94 level.
Mayor Minor opened the hearing.
RES. 94-221 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1994-95 ASSESSMENT ROLL, EXPANSION OF
FACILITIES FOR THE CENTRAL CITY PARKING DISTRICT. (19A)
RES. 94-222 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1994-95 ASSESSMENT ROLL, CENTRAL CITY
PARKING DISTRICT FOR OPERATION, MAINTENANCE AND SECURITY.
(19B)
Council Member Pope-Ludlam made a motion, seconded by Council
Member Oberhelman, that the hearing be closed; and that the
protests, if any, be overruled, and that the 1993-94 assessment
rolls be approved as the 1994-95 assessment rolls for both the
primary roll and for the expansion of facilities roll; and that
said resolutions be adopted.
Jeff Wright, P. o. Box 2341, San Bernardino, CA, inquired if
the Carousel Mall parking is included in the assessment district.
City Administrator Shauna Clark explained that there are five
parking lots within the assessment district and the Carousel Mall
is not one of them.
City Engineer Hardgrave answered questions regarding the
location of the parking lots.
The motion carried and Resolution Nos. 94-221 and 94-222 were
adopted by the following vote: Ayes: Council Members Negrete,
Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays:
None. Absent: None.
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PUBLIC MEETING CHAPTER 12.92 STREET IMPROVEMENTS
CONSTRUCTION OF IMPROVEMENTS TO VARIOUS PROPERTIES
CONFIRM REPORT - FISCAL YEAR 1994/95 ASSESSMENT ROLL -
LIENS (20)
This is the time and place set for a public meeting to confirm
the report for the construction of Municipal Code Chapter 12.92
street improvements to various properties in the City, placing a
lien thereon and confirming the fiscal year 1994/95 assessment
roll.
In a memorandum dated July 11, 1994, Roger Hardgrave, Director
of Public Works/City Engineer, stated that because the improvements
were not completed by the property owners, the Mayor and Council,
on December 21, 1992, authorized the Director of Public Works/City
Engineer to proceed with the construction of street improvements in
front of nine properties at various locations. Pursuant to the
provisions of Chapter 27 of the Improvement Act of 1991 and 12.92
of the San Bernardino Municipal Code, notices were sent to the nine
affected owners of record on June 30, 1994. The notice provided an
explanation of the assessment and indicated that a public meeting
and hearing would be held on August 1 and 15, 1994. Eight of nine
property owners agreed to participate in the 50/50 cost-sharing
program, wherein the City would contribute 50 percent of the costs.
The one property owner who chose not to participate will be
assessed 100 percent of his/her share of the improvements which
amounts to $596.70. Protests can be received; however, no action
can be taken until August 15, 1994. The property owners would have
five days after the confirmation of the assessments in which to pay
the total assessment in cash or the assessment will be placed on
the respective tax bills and collected over a three-year period at
a seven (7%) percent interest per annum on the unpaid balance.
Mayor Minor opened the public meeting.
The question was raised relative to what is the difference
between a public meeting and hearing.
City Administrator Shauna Clark stated that in a public
meeting, only protests can be heard and action can only be taken
during a public hearing. She explained that the public meeting
and hearing were requirements of the Ralph M. Brown Act.
Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired if
Caltrans would be sharing the costs of the improvements.
City Administrator Clark explained that the owners would be
paying for the costs associated with the improvements.
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8-1-94
A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE
REPORT OF THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER FOR
THE CONSTRUCTION OF CERTAIN IMPROVEMENTS TO VARIOUS
PROPERTIES IN THE CITY OF SAN BERNARDINO, PLACING A LIEN
THEREON, AND CONFIRMING THE 1994-95 ASSESSMENT ROLL.
(20)
Council Member Oberhelman made a motion, seconded by Council
Member Pope-Ludlam, and unanimously carried, that the public
meeting be closed; and that any comments or protests be continued
to the public hearing set for August 15, 1994, at 10:00 a.m., in
the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California, at which time the appropriate action would
be requested.
RES. 94-223 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CHANGING THE NAMES OF "A" STREET TO VILLASENOR BOULEVARD;
"C" STREET TO SHEPPARD BOULEVARD; 6TH STREET TO DEL ROSA
DRIVE; 7TH STREET TO NORTON WAY; AND 102ND STREET TO
VICTORIA AVENUE; ALL WITHIN THAT AREA OF NORTON AIR FORCE
BASE, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF SAN
BERNARDINO, EFFECTIVE AS OF THE DATE OF ADOPTION OF THIS
RESOLUTION. (22)
Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed
support for the adoption of said resolution.
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Resolution No. 94-223 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
VACATE PUBLIC UTILITY EASEMENT - REAR 5 FEET OF LOTS 87-
94 & 113-15 OF TRACT NO. 2259 - SOUTH OF 25TH STREET,
BETWEEN THE I-215 FREEWAY & MIRAMONTE DRIVE
AUTHORIZATION TO PROCEED & PLAN APPROVAL (23)
In a memorandum dated July 18, 1994, Roger Hardgrave, Director
of Public Works/City Engineer, stated that Mr. Orville Spears
requested the vacation of a public utility easement lying across
the rear five (5) feet of Lots 87-94 and 113-115 of Tract No. 2259,
lying south of 25th Street, between the I-215 Freeway and Miramonte
Drive. The request represents 100 percent of the property owners
adjoining the easement, and $500 of the $1,000 processing fee has
been paid. The remaining $500 will be due after the investigative
proceedings. The public utility easement is not in use and
prevents the two property owners from fully utilizing their
properties. All affected public utility companies will be notified
and allowed to reserve an easement if they require use of the
public utility easement.
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8-1-94
Council Member Hernandez made a motion, seconded by Council
Member Devlin, and unanimously carried, that the Director of Public
Works/City Engineer and City Clerk be authorized to proceed with
the proposed vacation of the public utility easement lying over the
rear five (5) feet of Lots 87 through 94 and Lots 113 through 115
of Tract No. 2259; and that Plan No. 9135, showing the proposed
vacation of the public utility easement lying over the rear five
(5) feet of Lots 87 through 94 and Lots 113 through 115 of Tract
No. 2259, be approved.
VACATE PORTIONS OF STREETS - MARSHALL BOULEVARD, BETWEEN
ROCKFORD AVENUE & VICTORIA AVENUE PIEDMONT DRIVE,
BETWEEN BELVEDERE AVENUE & ~~SHALL BOULEVARD
AUTHORIZATION TO PROCEED & PLAN APPROVAL (24)
In a memorandum dated July 18, 1994, Roger Hardgrave, Director
of Public Works/City Engineer, stated that Hunsaker & Associates of
Riverside, representing the San Manuel Band of Mission Indians,
requested the vacation of that portion of Marshall Boulevard lying
between Rockford Avenue and Victoria Avenue and that portion of
piedmont Drive lying 430 feet east of the center line of Belvedere
Avenue and Marshall Boulevard. The San Manuel Band of Mission
Indians owns in excess of nine (9+) pieces of property on the west
side of Victoria Avenue; and plans to construct one or more ball
fields and green belts along the portion of Marshall Boulevard.
Consequently, they are trying to create one large parcel and are
taking action to federalize the property. Both Piedmont Drive and
Marshall Boulevard have been dedicated for public use; however,
they have not been constructed. If the request is approved,
representatives will meet with the property owners of parcels eight
and nine on the northeasterly side of piedmont Drive and parcels
10-14 on the south side of Marshall Boulevard.
Council Member Hernandez made a rrotion, seconded by Council
Member Miller, that the Director of Public Works/City Engineer and
City Clerk be authorized to proceed with the proposed vacation of
those portions of Marshall Boulevard between Rockford and Victoria
and that portion of Piedmont Drive lying 430 feet east of Belvedere
Avenue and Marshall Boulevard; and that Plan No. 9158, showing the
proposed vacation of portions of Marshall Boulevard and piedmont
Drive, be approved.
Concern was expressed that the San Manuel Band of Mission
Indians had not followed the normal process by seeking to obtain a
general plan amendment, and the effect the federalization of said
property would have on the City.
City Administrator Shauna
the street vacation process,
property.
Clark answered questions regarding
and the federalization of said
Council Member Miller withdrew her second.
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8-1-94
The motion failed for lack of a second.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that the matter be continued to September 19, 1994,
in the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
Council Member Devlin withdrew his second.
The motion failed for lack of a second.
Erin Copeland, Attorney at Law, representing the San Manuel
Band of Mission Indians, Levine & Associates, 2029 Century Park
East, Los Angeles, CA, requested that the recommendations made by
staff be approved, stated that the plans for use of the property
have not been finalized and answered questions concerning the
purpose for the street vacations.
Roger Hardgrave, Director of Public Works/City Engineer,
answered questions relative to the street vacation process.
A discussion was held regarding the purpose for the street
vacations.
Senior Assistant City Attorney Barlow stated that the City
Attorney's Office would like to investigate the federalization,
legal and environmental issues pertaining to said property.
Discussion continued regarding the proposed street vacations.
Jeff Jimenez, Vice Chairman,
Indians tribe, 5797 Victoria Avenue,
the street vacations be approved,
cooperate with the City.
San Manuel Band of Mission
Highland, CA, requested that
and expressed his desire to
Gary Kirby, 1505 Yardley, San Bernardino, CA, expressed
support for the continuance of the matter.
Jeff Wright, P. O. Box 2341, San Bernardino, CA, asked whether
there would be a traffic impact on the surrounding residents if the
property was federalized.
Ms. Copeland explained that the plans for the use of said
property have not been finalized, and urged the council to approve
the proposed street vacations.
Lynn LeRoy, Tribal Chairperson, San Manuel Band of Mission
Indians, 5797 Victoria Avenue, Highland, CA, expressed the tribe's
desire to work with the City regarding the federalization and
street vacations process, and answered questions regarding the use
of the property.
14
8-1-94
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that the matter be continued to September 19, 1994,
in the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
The motion carried by the following vote:
Members Negrete, Curlin, Oberhelman, Devlin,
Council Members Hernandez, Pope-Ludlam. Absent:
Ayes:
Miller.
None.
Council
Nays:
RECESS MEETING
At 11:07 a.m., Mayor Minor declared a five-minute recess.
RECONVENE MEETING
At 11:14 a.m., Mayor Minor reconvened the regular meeting of
the Mayor and Common Council of the City of San Bernardino in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Senior
Assistant City Attorney Barlow; City Clerk Rachel Clark. Absent:
City Administrator Shauna Clark.
COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING
At 11:14 a.m., Chairman Minor called the regular meeting of
the Community Development Commission to order in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino,
California.
CONSTRUCTION OF CURBS, GUTTERS & SIDEWALKS
LOCATIONS - ADVERTISE FOR BIDS - APPROVE PLANS
VARIOUS
(R-2)
In a memorandum dated July 14, 1994, Roger Hardgrave, Director
of Public Works/City Engineer, stated that $265,721 in Community
Development Block Grant funding has been allocated for fiscal year
1994/95 for the construction of curbs, qutters, sidewalks and other
concrete facilities at various locations throughout the City.
Demolition of the existing damaged improvements will be completed
by Department of Public Services' staff who will also recommend the
site improvements. The total estimated cost of completion is
$325,000, and the supplemental funding required would be absorbed
by the Public Services Department. Staff recommends that the
contract documents be approved and authorization be granted to
advertise for bids.
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the plans for the
construction of curbs, gutters and sidewalks at various locations,
in accordance with plan No. 9151, be approved; and that the
Director of Public Works/City Engineer be authorized to advertise
15
8-1-94
for bids.
MEADOWBROOK BOXING FACILITY - REMODEL - ADVERTISE FOR
BIDS - APPROVE PLANS (R-3)
In a memorandum dated July 13, 1994, Roger Hardgrave, Director
of Public Works/City Engineer, stated that the plans for remodeling
the Meadowbrook boxing facility have been prepared, and the project
is ready to be advertised for bids. The project consists of
remodeling the restroom/shower area and bringing the building into
compliance with current regulations. The total estimated project
cost is $38,000. An amount of $45,000 has been allocated in fiscal
year 1994/95 Community Development Block Grant funds. Staff
recommends that the plans be approved and authorization be granted
to advertise for bids.
Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired if
the funds were from a Community Development Block Grant, and
expressed opposition to the use of the funds because of the events
associated with the facility.
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the plans for
remodeling the Meadowbrook boxing facility, in accordance with Plan
No. 9041, be approved; and that the Director of Public Works/City
Engineer be authorized to advertise for bids.
ENCANTO PARK BALL FIELD - LIGHTING UPGRADE - ADVERTISE
FOR BIDS - APPROVE PLANS (R-4)
In a memorandum dated July 13, 1994, Roger Hardgrave, Director
of Public Works/City Engineer, stated that plans for the lighting
upgrade at the Encanto Park ball field have been prepared, and the
project is ready to be advertised for bids. The project consists
of replacing the lighting poles and fixtures to provide improved
lighting and a reduction in energy consumption. The total
estimated project cost is $225,000, which has been allocated in
fiscal year 1994/95 Community Development Block Grant funds. Staff
recommends that the plans be approved and authorization be granted
to advertise for bids.
Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired if
the funds for the improvements were being allocated from the City-
wide Street Lighting & Street Sweeping Assessment District No. 994.
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the plans for
upgrade of the Encanto Park ball field lighting, in accordance with
PIan No. 9157, be approved; and that the Director of Public
Works/City Engineer be authorized to advertise for bids.
16
8-1-94
RES. 94-224 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING
FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF CERTAIN
IMPROVEMENTS FOR THE VARIOUS REDEVELOPMENT PROJECT AREAS
OF THE AGENCY (532 NORTH "D" STREET BUILDING) . (RS-l)
Council Member Hernandez made a motion, seconded by Council
Member Negrete, that said resolution be adopted.
Resolution No. 94-224 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING
At this time, the Mayor and Common Council, acting as the
Community Development Commission, took action on Community
Development Commission items.
RECESS MEETING
At 12: 24 p. m., the regular meeting of the Mayor and Common
Council recessed to 2:00 p.m., in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
RECONVENE MEETING
At 2:05 p.m., Mayor Minor reconvened the regular meeting of
the Mayor and Common Council of the City of San Bernardino in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Deputy
City Attorney Empeno; City Clerk Rachel Clark. Absent: City
Administrator Shauna Clark.
PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 94-02 -
REMOVE BUILDING HEIGHT RESTRICTION OF 150 FEET
COMMERCIAL REGIONAL (DOWNTOWN) , CR-2, LAND USE
DESIGNATION - CONTINUED FROM JULY 18, 1994 (37)
This is the time and place continued to consider Development
Code Amendment No. 94-02 to remove the height restriction of 150
feet in the Commercial Regional (Downtown), CR-2, land use
designation.
In a memorandum dated June 30, 1994, Al Boughey, Director of
Planning & Building Services, stated that Development Code
Amendment No. 94-02 has been initiated by the City, and modifies
Section 19.06.030(2) (E) of the San Bernardino Municipal Code
(Development Code). The proposed amendment would remove the height
restriction of 150 feet in the Commercial Regional (Downtown), CR-
17
8-1-94
2, land use designation. General Plan Policy 1.16.20 states that
no height limit shall be defined for the CR-2 land use district and
sets forth the floor area ratio (FAR) at 3.0. However, Development
Code Section 19.06.030 (2) (E) establishes the maximum height for
structures in the CR-2 land use designation at 100 feet and allows
up to 150 feet in height, subject to additional project amenities
and approval by the Planning Commission. The amendment would
provide consistency between the General Plan and the Development
Code by removing the maximum height of 150 feet, subject to the
current requirements in the CR-2 land use designation, and the FAR
would remain at 3.0.
At the April 15, 1994 Environmental Review Committee meeting,
staff presented an initial study, and the Committee determined that
no significant environmental impact would result from the project
and recommended a negative declaration. The negative declaration
was advertised and available for public review and comment between
April 28, 1994 and May 19, 1994. No comments were received during
the review period. Staff recommends that the Mayor and Council
adopt the negative declaration, approve the development code
amendment and adopt the ordinance.
Mayor Minor opened the hearing.
Al Boughey, Director of Planning & Building Services, provided
a synopsis of Development Code Amendment No. 94-02.
Gary Kirby, 1505 Yardley, San Bernardino, CA, asked what
effect the development code amendment would have on other areas
within the City.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 19.06, SECTION 19.06.030(2) (E) OF THE SAN
BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) PERTAINING
TO THE HEIGHT RESTRICTION OF 150 FEET, IN THE CR-2,
COMMERCIAL REGIONAL (DOWNTOWN), LAND USE DESIGNATION.
(Ordinance introduced on August 1, 1994) First
(37)
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the hearing be
closed.
A discussion was held regarding the removal of the height
restriction, the effect it would have on the flight plan for the
San Bernardino International Airport Authority and area associated
with downtown.
Deputy City Attorney Empeno
stilI be required to come before
maintaining a review mechanism.
stated that each project would
the Planning Commission thereby
18
8-1-94
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the Mayor and
Common Council adopt the negative declaration and approve
Development Code Amendment No. 94-02; and that said ordinance be
laid over for final adoption.
PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 94-01 -
ALLOW ADULT-ORIENTED BUSINESSES IN THE INDUSTRIAL LIGHT,
IL, LAND USE DESIGNATION - CONTINUED FROM JULY 18, 1994
(38)
This is the time and place continued to consider Development
Code Amendment No. 94-01 to allow adult-oriented businesses in the
Industrial Light, IL, land use designation.
In a memorandum dated June 30, 1994, Al Boughey, Director of
Planning & Building Services, stated that Development Code
Amendment No. 94-01 has been initiated by the City and modifies
Section 19.06.030(2) (A), Table 06.03, Chapter 19.08 and Table 08.02
of the San Bernardino Municipal Code (Development Code). The
amendment would allow adult-oriented businesses in the Industrial
Light, IL, land use designation.
Legal concerns have been raised regarding the minimal number
of land use designations within the City which permit adult-
oriented businesses with the approval of a conditional use permit.
Consequently, staff reviewed the Development Code and recommends,
with the concurrence of the City Attorney's Office, that the City
continue to maintain the current distance requirements and expand
the land use districts which would permit adult-oriented businesses
to include the Industrial Light, IL, land use designation. On
February 22, 1994, the Mayor and Council approved urgency Ordinance
No. MC-896 to allow adult-oriented businesses in the Industrial
Light, IL, land use designation. The adoption of said ordinance
was approved with the understanding that an adult business
application would be processed as a conditional use permit, subject
to the current distance requirements, and that staff would bring
back a regular ordinance for adoption through the normal process.
At the April 7, 1994 Environmental Review Committee meeting,
staff presented an initial study, and tr.e Committee determined that
no significant environmental impacts would result from the project
and recommended a negative declaration. The negative declaration
was advertised and available for public review and comment between
April 13, 1994 to May 3, 1994. No comments were received during
the review period. Staff recommends that the Mayor and Council
adopt the negative declaration, approve the development code
amendment and adopt the ordinance.
Mayor Minor opened the hearing.
19
8-1-94
Al Boughey, Director of Planning & Building Services, provided
a synopsis of Development Code Amendment No. 94-01.
Jeff Wright, P. O. Box 2341, San Bernardino CA, requested a
definition for adult-oriented businesses.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 19.06, SECTION 19.06.030(2) (A), TABLE 06.03 AND
TABLE 08.02 OF THE SAN BERNARDINO MUNICIPAL CODE
(DEVELOPMENT CODE) PERTAINING TO ADULT BUSINESSES.
(Ordinance introduced on August 1, 1994) First (38)
Council Member Oberhelman made a motion, seconded
Member Negrete, and unanimously carried, that the
closed.
by Council
hearing be
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that said ordinance be
laid over for final adoption.
DEVELOPMENT AGREEMENT NO. 93-01 - VARIANCE NO. 93-07 -
STUBBLEFIELD ACCESS AGREEMENT - CONTINUED FROM JULY 18,
1994 (39)
This is the time and place continued to consider Development
Agreement No. 93-01 and Variance No. 93-07 to establish and vest
the ownership use and maintenance responsibilities of a primary
access road, a non-standard secondary access route (based on the
concurrent adoption of Development Code Amendment No. 93-05) and
the use of a pipe arch culvert as an emergency access route and
equestrian trail.
In a memorandum dated July 26, 1994, Al Boughey, Director of
Planning & Building Services, stated that
continued from various Council meetings for
issues; and listed the key points of the
Agreement No. 93-01.
the matter has been
resolution of various
proposed Development
Tom Parrish, Stubblefield Construction Companies, 2258
Bradford Avenue, Highland, CA, expressed his regret that his
company is withdrawing their application because of numerous issues
which could not be resolved. Mr. Parrish submitted a letter dated
August 1, 1994, to the Mayor and Council, which reiterates the
withdrawal of the application.
Deputy City Attorney Empeno recommended that the matter be
tabled.
A discussion ensued regarding the steps taken to resolve the
issues relative to Development Agreement No. 93-01.
20
8-1-94
Aaron Hodgdon, Heart Bar Ranch, Arrowhead Springs, Post Office
Box 2146, San Bernardino, CA, expressed opposition to the
substandard route of access; and presented to the Mayor and Council
a letter dated August 1, 1994, stating his position on the matter.
Warner Hodgdon, Heart Bar Ranch, Arrowhead Springs, Post
Office Box 2146, San Bernardino, CA, expressed opposition to the
substandard route of access proposed in Development Agreement No.
93-01, and presented to the Mayor and Council a document prepared
on July 18, 1994, relative to the Caltrans East/West Route 330
Equestrian/Emergency Underpass Tunnel, a City sub-standard minimum
10-foot wide access.
RESOLUTION OF THE CITY OF SAN BERN.~DINO AUTHORIZING THE
EXECUTION OF DEVELOPMENT AGREEMENT NO. 93-01. (Continued
from July 18, 1994) (39)
Council Member Hernandez made a motion, seconded by Council
Member Curlin, that the matter be tabled.
The motion carried by the following vote: Ayes:
Members Negrete, Curlin, Hernandez, Oberhelman, Devlin,
Nays: Council Member Pope-Ludlam. Absent: None.
Council
Miller.
PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 93-06
CONDITIONAL USE PERMIT NO. 93-27 RESIDENTIAL CARE
FACILITY FOR TREATMENT OF DRUG & ALCOHOL ADDICTS - 596 W.
6TH STREET - CONTINUED FROM JULY 5, 1994 (40)
This is the time and place continued for a public hearing to
consider the approval of General Plan Amendment No. 93-06 and
Conditional Use Permit No. 93-27 to operate a state licensed 40-
patient residential care facility for the treatment of recovering
drug and alcohol addicts at 596 W. 6th Street.
Mayor Minor opened the hearing.
Marianne Barklage, P. O. Box 6388, Orange, CA, expressed
opposition to the denial of her request; and answered questions as
to why she initiated legal action prior to the Mayor and Council
taking any action on the matter.
Deputy City Attorney Empeno stated that the fact that the
applicant has filed a Department of Urban & Housing Development
(HUD) complaint is irrelevant, and the Mayor and Council should
take action on what is reflected on the Staff Report.
Ms. Barklage answered questions regarding General Plan
Amendment No. 93-06 and Conditional Use Permit No. 93-27 to operate
a state licensed 40-patient residential care facility for the
treatment of recovering drug and alcohol addicts at 596 W. 6th
Street.
21
8-1-94
A discussion was held regarding the proposed residential care
facility.
Gary Kirby, 1505 Yardley, San Bernardino, CA, expressed
support for the residential care facility if it would assist
residents within the City.
Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed
support for the residential care facility if it would provide
services to the residents of the City.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the hearing be closed.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that the Mayor and Common Council deny General Plan
Amendment No. 93-06 and Conditional Use Permit No. 93-27, based on
the findings of fact noted in the Staff Report dated May 19, 1994.
The motion carried by the following vote: Ayes:
Members Negrete, Curlin, Hernandez, Oberhelman, Devlin,
Nays: Council Member Pope-Ludlam. Absent: None.
Council
Miller.
CITY ADMINISTRATOR SHAUNA CLARK & SENIOR ASSISTANT CITY
ATTORNEY BARLOW RETURNED
At 3:06 p.m., City Administrator Shauna Clark and Senior
Assistant City Attorney Barlow returned to the Council meeting.
RES. 94-225 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN MUTUAL
RELEASE AND SETTLEMENT AGREEMENT WITH OWNERS OF AND
INTEREST HOLDERS IN UNDEVELOPED PARCELS WITHIN COMMUNITY
FACILITIES DISTRICT NO. 995. (8-lA)
RES. 94-226 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE FILING OF
A JUDICIAL FORECLOSURE ACTION AGAINST CALIFORNIA
PROPERTIES FUND AND RATIFYING JUDICIAL FORECLOSURE
ACTIONS BEARING CASE NOS. SCV09593, SCV09594, SBCI09793
AND SCV09790. (8-lB)
RES. 94-227 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ISSUANCE OF
NOT-TO-EXCEED $3,500,000 COMMUNITY FACILITIES DISTRICT
NO. 995 OF THE CITY OF SAN BERNARDINO (VERDEMONT AREA)
SPECIAL TAX REFUNDING BONDS, APPROVING THE FORM OF LEGAL
DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING
PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS
THEREOF. (8-1C)
22
8-1-94
RES. 94-228 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO ESTABLISHING ANNUAL SPECIAL
TAX FOR FISCAL YEAR 1994/95 FOR COMMUNITY FACILITIES
DISTRICT NO. 995. (S-lD)
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE REDEMPTION OF A PORTION OF
CERTAIN BONDS ENTITLED COMMUNITY FACILITIES DISTRICT NO.
995 OF THE CITY OF SAN BERNARDINO (VERDEMONT AREA)
SPECIAL TAX BONDS, APPROVING THE FORM OF ESCROW AGREEMENT
RELATED THERETO AND AUTHORIZING AND DIRECTING
PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORM
THEREOF. (S-lE)
In an undated letter, Mrs. Janie Martines, 3256 Hyatt Road,
San Bernardino, CA, expressed support for the restructuring of
Community Facilities District No. 995; however, is concerned about
the recurrence of developers not meeting their contractual
requirements.
Tim Sabo, Special Counsel, Sabo & Green, 6320 Canoga Avenue,
Suite 400, Woodland Hills, CA, provided a synopsis and answered
questions regarding the restructuring of the Community Facilities
District No. 995, and recommended the deletion of Item S-IE.
Mike Moll, 6705 N. Steven Way, San Bernardino, CA, expressed
opposition to the use of Mello Roos Districts (Community Facilities
Districts) .
Council Member Oberhelman made a motion,
Member Devlin, that Item Nos. S-IA, S-IB,
approved.
seconded by Council
S-IC and S-ID be
Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed
opposition to the use of Mello Roos Districts.
Leon
opposition
Districts.
Jackson, a resident of San Bernardino, expressed
to the construction of improvements through Mello Roos
Council Member Oberhelman made a substitute motion, seconded
by Council Member Devlin, that said resolutions be adopted (Items
S-IA, S-IB, S-IC and S-ID); and that Item No. S-IE be tabled.
The motion carried and Resolution Nos. 94-225, 94-226, 94-227
and 94-228 were adopted by the following vote: Ayes: Council
Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-
Ludlam, Miller. Nays: None. Absent: None.
RECESS MEETING
At 3:26 p.m., Mayor Minor declared a five-minute recess.
23
8-1-94
RECONVENE MEETING
At 3:34 p.m., Mayor Minor reconvened the regular meeting of
the Mayor and Common Council of the City of San Bernardino in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Senior
Assistant City Attorney Barlow; City Clerk Rachel Clark; City
Administrator Shauna Clark. Absent: None.
CONSTRUCTION ASSESSMENT DISTRICT - BASELINE & "F" STREETS
- AUTHORIZATION TO PROCEED (25)
In a memorandum dated July 14, 1994, Roger Hardgrave, Director
of Public Works/City Engineer, stated that a petition has been
received for the formation of an assessment district for the
construction of certain street improvements along portions of the
south side of Baseline Street, east of "F" Street. The assessment
would include the installation of curb, gutter, sidewalk, handicap
ramp, incidental and administrative costs. The signatures affixed
to the petition have been verified and found to represent the
owners of 100 percent of the area of the property lying within the
boundaries of the proposed district. Upon the establishment of the
assessment district, construction would not commence until further
development occurs in the area. The developer will be required to
up-front the cost of the proceedings for the establishment of the
district.
Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed
opposition to the formation of assessment districts.
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, that the city Engineer and City Clerk be
authorized to proceed with initiating proceedings for the
establishment of an assessment district under the provisions of
Chapter 12.90 of the San Bernardino Municipal Code; and that the
City Engineer be directed to prepare an Engineer's Report for the
proposed construction of street improvements along portions of the
south side of Baseline Street, east of "F" Street, in the City of
San Bernardino.
The motion carried by the following vote: Ayes: Council
Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-
Ludlam. Nays: None. Abstain: Council Member Miller.
RES. 94-229 - RESOLUTION OF THE CITY OF SAN BERNARDINO
RELATING TO THE LEASING OF PARKING SPACES IN PARKING
DISTRICT LOTS. (CENTRAL CITY PARKING DISTRICT) (26)
24
8-1-94
COUNCIL MEMBER
At 3: 35 p. m. ,
meeting.
POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council
Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired
about the purpose of said resolution.
City Administrator Shauna Clark explained that the adoption of
said resolution would provide a policy for the allocation of
parking spaces within parking district lots.
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, that said resolution be adopted.
Resolution
Ayes: Council
Devlin, Miller.
No. 94-229 was adopted by the following vote:
Members Negrete, Curlin, Hernandez, Oberhelman,
Nays: None. Absent: Council Member Pope-Ludlam.
FEE WAIVER - GENTS ORGANIZATION -
USE OF NUNEZ & ENCANTO BALL FIELDS
$510
SOFTBALL TOURNAMENT -
- SEPTEMBER 10, 1994 -
(27)
In a memorandum dated July 20, 1994, Council Member Miller,
Ways & Means Committee Chairwoman, stated that at the Ways & Means
Committee meeting on July 6, 1994, the Gents' Organization request
for a waiver of fees in the amount of $510 for use of Nunez and
Encanto ball fields to conduct a softball tournament on September
10, 1994, was heard and referred to the Mayor and Council without
a recommendation.
Council Member Hernandez made a motion, seconded by Council
Member Negrete, that the request to waive fees for use of Nunez and
Encanto ball fields and facilities by the Gents Organization in the
amount of $510, be approved. (Note: The motion was subsequently
amended. )
A discussion ensued regarding the sale of alcoholic beverages
at the event and the ability to make a profit.
Gary Kirby, 1505 Yardley, San Bernardino, CA, expressed
opposition to the waiver of the $510 fee.
Discussion ensued regarding the services provided by the Gents
Organization, and whether or not the fee waiver should be granted.
COUNCIL MEMBER
At 3: 38 p. m. ,
Council meeting and
POPE-LUDLAM RETURNED
Council Member Pope-Ludlam returned
took her place at the council table.
to
the
25
8-1-94
Council Member Hernandez amended his motion, seconded by
Council Member Negrete, that the request to waive fees for use of
Nunez and Encanto ball fields and facilities by the Gents
Organization in the amount of $510, be approved; and that the
policy of waiving fees be referred to the Legislative Review
Committee.
The motion carried by the following vote: Ayes: Council
Members Negrete, Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays:
Council Member Miller. Abstain: Council Member Curlin. Absent:
None.
FINANCIAL ASSISTANCE FISCAL YEAR 1994/95 CIVIC &
PROMOTIONAL FUND $3,500 WESTERN REGIONAL LITTLE
LEAGUE - WESTERN REGIONAL TOURNAMENT - AUGUST 8-19, 1994
(28)
In a memorandum dated July 19, 1994, Council Member Miller,
Ways & Means Committee Chairwoman, stated that the allocation of
$3,500 for financial assistance to the Western Regional Little
League to conduct the Western Regional Tournament between August 8
and 19, 1994, was recommended for inclusion in the Parks,
Recreation & Community Services Department budget by the Ways &
Means Committee; however, was never agendized or approved.
Consequently, approval is recommended.
Gary Kirby, 1505 Yardley, San Bernardino, CA, expressed
support for the approval of the request for financial assistance.
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that the request for
funding not-to-exceed $3,500 be allocated from the Civic and
Promotional Fund to the Western Regional Little League in support
of the Western Regional Tournament.
UNRESTRICTED PARKING STICKER - USE BY MAYOR & COUNCIL -
COUNCIL MEMBER HERNANDEZ (29)
In a memorandum dated July 21, 1994, Council Member Hernandez
requested that staff be directed to prepare a parking sticker to
allow the Mayor and Council unrestricted parking privileges within
the City.
In memoranda dated January 14 and 24, 1994, respectively,
James Sharer, Manager, Facilities Management, stated that inter-
agency agreements would be required to facilitate an unrestricted
parking sticker within the City, and provided a listing of the
agencies which monitor and/or control parking within the City.
Other cities have been surveyed and found to not have such a
privilege. Chapter 10.16 of the San Bernardino Municipal Code
would have to be amended to reflect the unconditional parking.
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8-1-94
A discussion was held regarding the purpose for the parking
sticker, the locations allowed for unrestricted parking and whether
or not the matter should be referred to the Legislative Review
Committee.
senior Assistant City Attorney Barlow requested that the City
Attorney's Office be given time to review the legality of a parking
sticker and the means to make it effective.
Gary Kirby, 1505 Yardley, San Bernardino, CA, expressed
opposition to the preparation of a parking sticker which would
permit parking anywhere within the City.
Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed
opposition to an unrestricted parking sticker.
CITY ATTORNEY PENMAN ARRIVED
At 3:55 p.m., City Attorney Penman arrived at the Council
meeting.
City Attorney Penman stated that City and State law would have
to be amended to reflect the proposed unconditional parking within
the City.
Council Member Pope-Ludlam made a motion, seconded by Council
Member Hernandez, that the matter be referred to the Legislative
Review Committee.
The
Members
Miller.
motion carried by the following vote: Ayes: Council
Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam,
Nays: Council Member Devlin. Absent: None.
RES. 94-230 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT
WITH KAY AND STEVENS, ATTORNEYS AT LAW, FOR THE PROVISION
OF LEGAL SERVICES RELATING TO ALLEGATIONS OF SEXUAL
HARASSMENT IN THE CITY ATTORNEY'S OFFICE. (30)
Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed
opposition to authorizing an investigation of a matter where no
complaint has been filed.
Concern was expressed relative to the responsibility the City
has to investigate the allegations of sexual harassment within the
City Attorney's Office.
Gary Kirby, 1505 Yardley, San Bernardino, CA, expressed
opposition because a formal complaint has not been filed.
Council Member Hernandez made a motion, seconded by Council
Member Pope-Ludlam, that said resolution be adopted.
27
8-1-94
Resolution No. 94-230 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Pope-Ludlam,
Miller. Nays: Council Members Oberhelman, Devlin. Absent: None.
RES. 94-231 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE CONTINUED POLICE PARTICIPATION IN THE
INLAND REGIONAL APPREHENSION TEAM (I-RAT). (31)
A discussion ensued regarding the purpose of the Inland
Regional Apprehension Team and the benefits received by the City.
Council Member Negrete made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
Resolution No. 94-231 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
SET PUBLIC HEARING - AUGUST 15, 1994 - ADOPT NON DISPOSAL
FACILITY ELEMENT (NDFE) - SOURCE REDUCTION & RECYCLING
ELEMENT (SRRE) LETTER OF ADDENDUM (32)
In a memorandum dated July 21, 1994, Pat Malloy, Director of
Public Services, stated that pursuant to the California Integrated
Waste Management Act of 1989 (AB 939), the City adopted a Source
Reduction & Recycling Element in 1992. Subsequently, Assembly Bill
3001 was adopted which requires an additional planning document
known as the Non Disposal Facility Elenent (NDFE). The NDFE must
be adopted, and any revisions to the SRRE must be submitted as a
letter of addendum to the California Integrated Waste Management
Board (CIWMB) by August 31, 1994. Consequently, staff has prepared
the necessary documents, and requests that a hearing be set for
August 15, 1994, to discuss the adoption of a non disposal facility
element and a source reduction and recycling element letter of
addendum.
Jeff Wright, P. o. Box 2341, San Bernardino, CA, expressed
support for the adoption of a non disposal facility element and a
source reduction and recycling element letter of addendum.
Council Member Oberhelman made a notion, seconded by Council
Member Miller, and unanimously carried, that a public hearing be
set for 10:00 a.m., August 15, 1994, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California, for
the purpose of the adoption of a Non Disposal Facility Element
(NDFE) and Source Reduction and Recycling Element (SRRE) letter of
addendum.
RES. 94-232 A RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING A USED OIL RECYCLING BLOCK GRANT APPLICATION.
(33)
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8-1-94
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
Resolution No. 94-232 was adopted by the following vote:
Ayes: Council Members Negrete, Curl in, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 8.24 OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO GARBAGE AND RUBBISH. First (34)
Council Member Oberhelman made a motion, seconded by Council
Member Pope-Ludlam, that the proposed Citywide Recycling Program be
approved in concept; and that the Director of Public Services be
authorized to implement the program in accordance with the
implementation schedule outlined in the Staff Report dated July 12,
1994; and that said ordinance be laid over for final adoption.
(Note: The vote was taken after discussion.)
Pat Malloy, Director of Public Services, made a presentation
relative to the Citywide Recycling Program, and answered questions
regarding the program.
Shauna Clark, City Administrator, answered questions
the Citywide refuse and recycling program and the
construction of a material recovery facility (MRF).
regarding
proposed
Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed
support for the implementation of a Citywide refuse and recycling
program.
Mike Moll, 6705 N. Steven Way, San Bernardino, CA, expressed
concern about the costs associated with the Citywide refuse and
recycling program, and the ability to keep the trash containers
stationary.
Concern was expressed relative to the health hazards
associated with the collection of rubbish once a week.
Gary Kirby, 1505 Yardley, San Bernardino, CA, expressed
concern that commercial businesses are not being considered for the
Citywide Recycling Program.
The motion carried by the following vote:
Members Negrete, Devlin, Pope-Ludlam, Miller.
Members Curlin, Hernandez, Oberhelman. Absent:
Ayes:
Nays:
None.
Council
Council
RES. 94-233 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING AN AGREEMENT WITH LOS PADRINOS, INC., A NON-
PROFIT ORGANIZATION, TO IMPLEMENT A COMPREHENSIVE
CITYWIDE GRAFFITI REMOVAL PROGRAM WITHIN THE CITY. (35)
29
8-1-94
Council Member Hernandez made a motion, seconded by Council
Member Pope-Ludlam, that said resolution be adopted.
Concern was expressed regarding the utilization of funds from
the Street Lighting & Street Sweeping Assessment District No. 994
prior to the actual collection of funds.
City Administrator Shauna Clark explained how property tax
revenue is received.
A discussion was held regarding the graffiti removal services
being provided by Los Padrinos, Inc.
Resolution No. 94-233 was adopted by the following vote:
Ayes: Council Members Negrete, Hernandez, Oberhelman, Devlin,
Pope-Ludlam, Miller. Nays: None. Abstain: Council Member
Curlin. Absent: None.
RECESS MEETING
At 4:56 p.m., Mayor Minor declared a five-minute recess.
RECONVENE MEETING
At 5:05 p.m., Mayor Minor reconvened the regular meeting of
the Mayor and Common Council of the City of San Bernardino in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Hernandez, Oberhelman, Devlin, Miller; City Attorney
Penman; City Clerk Rachel Clark; City Administrator Shauna Clark.
Absent: Council Member Pope-Ludlam.
CITY ATTORNEY AUDIT - IMPLEMENTATION PLAN - REFERRAL BY
PERSONNEL COMMITTEE - CONTINUED FROM JULY 5, 1994 (36)
This is the time and place continued to consider the referral
by the Personnel Committee that the Mayor and Council review the
implementation plan for the City Attorney's audit.
Mayor Minor explained that implementation of the
recommendations made by the Harvey Rose Management Audit of the
City Attorney's Office has been completed on those matters which
can be rectified.
A discussion ensued regarding the recommendations made in the
management audit of the City Attorney's Office.
Council Member Devlin made a motion, seconded by Council
Member Oberhelman, that the matter be continued indefinitely.
30
8-1-94
Council Member Oberhelman withdrew his second.
The motion failed for lack of a second.
City Attorney Penman explained that because of the previous
actions taken by the Mayor and Council, complete implementation of
the recommendations made by the Harvey Rose Management Audit is no
longer possible.
A discussion ensued regarding implementation of the management
audit of the City Attorney's Office.
Council Member Devlin made a motion, seconded by Council
Member Oberhelman, that the matter be continued indefinitely.
The
Members
Miller.
None.
motion carried by the following vote: Ayes: Council
Negrete, Hernandez, Oberhelman, Devlin, Pope-Ludlam,
Nays: None. Abstain: Council Member Curlin. Absent:
PERSONNEL ACTIONS - DISCUSSED EARLIER IN THE MEETING -
SEE PAGE 6 (9)
This is the time and place continued to from
meeting to consider the approval of Item Three
personnel actions dated July 21, 1994.
earlier in the
noted on the
Council Member Negrete
Member Hernandez, that the
Engineering Assistant III,
effective August 16, 1994
Personnel committee.
made a motion, seconded by Council
appointment of Ronald C. Blymiller,
Range 1399, Step One, $3245/mo.,
(Item Three), be referred to the
The motion carried by the following vote: Ayes:
Members Negrete, Curlin, Hernandez, Pope-Ludlam. Nays:
Members Oberhelman, Devlin, Miller. Absent: None.
Council
Council
RES. 94-234 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND
COMMUNITY SERVICES DEPARTMENT TO MAKE APPLICATION FOR AND
ACCEPT A GRANT FROM DEPARTMENT OF AGING AND ADULT
SERVICES FOR THE SENIOR NUTRITION PROGRAM FOR THE PERIOD
OF JULY 1, 1994 THROUGH JUNE 30, 1995. (S-2)
Council Member Oberhelman made a notion, seconded by Council
Member Hernandez, that said resolution be adopted.
Resolution No. 94-234 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
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8-1-94
RES. 94-235 - A RESOLUTION SUPPORTING THE SAN BERNARDINO
POLICE DEPARTMENT'S REQUEST TO THE CALIFORNIA HIGHWAY
PATROL FOR LAW ENFORCEMENT ASSISTANCE. (8-3)
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Dan Robbins, Chief of Police, expressed concern regarding
crime within the City, and provided a synopsis of the action taken
to implement a short-term action plan for the reduction of crime.
Lieutenant Mike Billdt, San
explained the program "Operation
questions regarding the deployment
and various aspects of the program.
Bernardino Police Department,
Safe Streets", and answered
of personnel, the curfew law,
Resolution No. 94-235 was adopted
Ayes: Council Members Negrete, Curlin,
Devlin, Pope-Ludlam, Miller. Nays: None.
by the following vote:
Hernandez, Oberhelman,
Absent: None.
RES. 94-236 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF AN AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF
SAN BERNARDINO AND THE LAW FIRM OF BEST, BEST & KRIEGER.
(8-4)
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, that said resolution be adopted.
City Attorney Penman explained that in closed session, the
Mayor and Council had previously approved the matter, and the item
is now being presented for ratification.
Resolution No. 94-236 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Pope-
Ludlam, Miller. Nays: None. Abstain: Council Member Hernandez.
Absent: None.
GRADING
TO MT.
BIDS
& PAVING - CENTRAL AVENUE FROM
VIEW AVENUE APPROVE PLANS
TIPPECANOE AVENUE
& ADVERTISE FOR
(8-5)
In a memorandum dated July 28, 1994, Roger Hardgrave, Director
of Public Works/City Engineer, stated that the Inland Valley
Development Agency (IVDA) requested that Central Avenue be improved
from Tippecanoe Avenue to Mt. View Avenue, in order to provide
direct access to the Palm Meadows Golf Course. The plans have been
prepared, and the project is ready to be advertised for bids. The
total estimated project cost is $149,700. All costs incurred by
the City would be reimbursed through IVDA.
32
8-1-94
Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed
opposition to the paving and grading of Central Avenue.
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the plans for
grading and paving Central Avenue, from Tippecanoe Avenue to Mt.
View Avenue, in accordance with Plan No. 9146, be approved; and
that the Director of Public Works/City Engineer be authorized to
advertise for bids.
CLOSED SESSION - ANNOUNCEMENT
(1)
City Attorney Penman stated that the Mayor and Council had
filed a writ with the Appellate Court on the matter of the two
Investigator positions, and the matter is scheduled to be heard on
August 3, 1994, at 8:30 a.m. Mr. Penman read the following into
the record in case the Mayor and Council wished to discuss the
matter in closed session:
Juanita Scott. Beniamin Gonzales, Warren Cocke, and the
Honorable Evlyn wilcox vs. Common Council of the City of
San Bernardino - San Bernardino Superior Court Case No.
SCV13711, Court of Appeals Case No. E014781.
RECESS MEETING - CLOSED SESSION
At 5:40 p.m., the Mayor and Common Council and
Development Commission recessed to closed session
following:
(1 & R-11)
Community
for the
1. Pursuant to Government Code Section 54956.9(a).
A. Conference With Legal Counsel - Existing Litigation:
(3) Brownlee vs. Moreno/City of San Bernardino - San
Bernardino Superior Court Case No. SCV 05565;
2. Pursuant to Government Code Section 54956.8.
A. Conference With Real Property Negotiator
Property: Several parcels located in the Arden Guthrie
area bounded by Highland Ayenue, north; 19th Street,
south; Arden Avenue, east; and Guthrie Street, west.
Neqotiatinq Parties: Resolutlon Trust Corporation (RTC)
Under Neqotiation: Price and terms of payment.
CLOSED SESSION
At 5:40 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.
33
8-1-94
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; Senior
Deputy City Attorney Simmons; City Clerk Rachel Clark. Absent:
City Administrator Shauna Clark.
Also present: Tim Steinhaus, Agency Administrator, Tim Sabo,
Special Counsel, Kenneth Henderson, Executive Director, Development
Department, and Dave Edgar, Housing Division Manager, Economic
Development Agency.
CITY ADMINISTRATOR SHAUNA CLARK ARRIVED
At 5:45 p.m., City Administrator Shauna Clark arrived at the
closed session.
AGENCY ADMINISTRATOR STEINHAUS, SPECIAL COUNSEL SABO,
EXECUTIVE DIRECTOR HENDERSON & HOUSING DIVISION MANAGER
EDGAR EXCUSED
At 5:46 p.m., Tim Steinhaus, Agency Administrator, Tim Sabo,
Special Counsel, Kenneth Henderson, Executive Director, Development
Department, and Dave Edgar, Housing Division Manager, Economic
Development Agency, left the closed session.
ADJOURN CLOSED SESSION
At 5:50 p.m., the closed session adjourned to the
meeting of the Mayor and Common Council of the City
Bernardino.
regular
of San
RECONVENE MEETING
At 5:50 p.m., Mayor Minor reconvened the regular meeting of
the Mayor and Common Council of the City of San Bernardino in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; City
Attorney Penman; City Clerk Rachel Clark; City Administrator Shauna
Clark. Absent: None.
34
8-1-94
ADJOURNMENT (41)
At 5: 51 p. m., the regular meeting of the Mayor and Common
Council adjourned. The next meeting will be held on August 15,
1994, at 8:00 a.m., in the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California.
RACHEL CLARK
City Clerk
By:
j /: /
/ " ; J
A' ~,<{. 17_ '-"" _ ,,,--.....?-' L,..p k 1, (f'.)
1SuJanna Cordova
Deputy City Clerk
No. of Items: 59
No. of Hours: 8
35
8-1-94