HomeMy WebLinkAbout09-06-1994 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
REGULAR MEETING
SEPTEMBER 6, 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 8:01 a.m., Tuesday, September 6, 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, Hernandez, Oberhelman, Devlin, Pope-Ludlam,
Miller; Senior Deputy City Attorney Simmons; City Clerk Rachel Clark; City Administrator
Shauna Clark. Absent: None.
Senior Deputy City Attorney Simmons announced that the following additional case
would be discussed in closed session, conference with legal counsel - existing litigation, pursuant
to Government Code Section 54956.9(a):
Jerome Comer vs. Countv of San Bernardino/City of San Bernardino - San Bernardino
Superior Court Case No. SCV 06912.
RECESS MEETING - CLOSED SESSION
At 8:01 a.m., the Mayor and Common Council
Commission recessed to closed session for the following:
(1)
and Community Development
A. Pursuant to Government Code Section 54956.9 (a):
(1) Conference with Legal Counsel - Existing Litigation:
John Ravgiala vs. Citv of San Bernardino. et al- San Bernardino Superior Court
Case No. SCV 02176;
Thomas Armendariz vs. James F. Penman, et al - United States District Court
Case No. 91-5757;
Guardian Bank vs. James F. Penman, et al - United States District Court Case
No. CV 92-4415 CBM (JRx);
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T.L. Pavlich vs. Citv of San Bernardino - San Bernardino Superior Court Case
No. SCV 08673;
Hatfield vs. City of San Bernardino - United States District Court Case No.
SACV 93-317 LHM;
Vargas vs. Rodriguez/Citv of San Bernardino - San Bernardino Superior Court
Case No. SCV 10966;
Edward F. Graziano, et al vs. City of San Bernardino, et al - San Bernardino
Superior Court Case No. 266939.
B. Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9:
(1) Conference with Legal Counsel - Anticipated Litigation
CLOSED SESSION
At 8:01 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; Senior Deputy City Attorney Simmons; City Clerk Rachel Clark; City Administrator
Shauna Clark. Absent: None.
Also present: Deputy City Attorney Roth and Margaret Scroggin, Administrative
Operations Supervisor, City Attorney's Office.
SENIOR DEPUTY CITY ATTORNEY SIMMONS EXCUSED
At 8:05 a.m., Senior Deputy City Attorney Simmons left the closed session.
DEPUTY CITY ATTORNEY RHEMREV ARRIVED
At 8:05 a.m., Deputy City Attorney Rhemrev arrived at the closed session.
READING OF RESOLUTIONS & ORDINANCES
Deputy City Clerk Hartzel read the titles of all the resolutions and ordinances on the
regular, supplemental, addendum to the supplemental and Community Development Commission
agendas while the Council was in closed session.
ADJOURN CLOSED SESSION
At 8:28 a.m., the closed session adjourned until 9:00 a.m., in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
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RECONVENE MEETING
At 9:02 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; Deputy City Attorney Roth; City Clerk Rachel Clark; City Administrator Shauna Clark.
Absent: None.
INVOCATION
The invocation was given by Father Patricio Guillen of Libreria del Pueblo.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Pope-Ludlam.
APPOINTMENT - PATRICIA ALMAN HALBIG - FINE ARTS COMMISSION
- COUNCIL MEMBER HERNANDEZ (2)
In a memorandum dated August 29, 1994, Mayor Minor recommended the appointment
of Patricia Alman Halbig, 104 Plymouth Way, San Bernardino, CA, to the Fine Arts
Commission, as requested by Council Member Hernandez.
Council Member Oberhelman made a motion, seconded by Council Member Negrete,
and unanimously carried, that the appointment of Patricia Alman Halbig to the Fine Arts
Commission, as requested by Council Member Hernandez, be approved.
APPOINTMENT - DONALD A. KIPP - PLANNING COMMISSION -
COUNCIL MEMBER MILLER (8-4)
In a memorandum dated August 30, 1994, Mayor Minor recommended the appointment
of Donald A. Kipp, 596 Country Club Drive, San Bernardino, CA, to the Planning Commission,
as requested by Council Member Miller.
Council Member Oberhelman made a motion, seconded by Council Member Negrete,
and unanimously carried, that the appointment of Donald A. Kipp to the Planning Commission,
as requested by Council Member Miller, be approved.
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CERTIFICATES OF FRIENDSHIP - HONORARY CITIZEN AWARDS
(2-A)
J. Lorraine Velarde, Executive Assistant to the Mayor, announced that Certificates of
Friendship were being presented to Vincent H. M. Wolfs and Gerlinda Y. E. Griffioen, from
Amstelveen, Holland.
Vincent H. M. Wolfs and Gerlinda Y. E. Griffioen accepted the awards.
COMMENDATION - VOLUNTEERS IN SERVICE TO AMERICA (VISTA)
(2-B)
J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending
Volunteers in Service to America for its Summer of Safety Program wherein volunteers and
residents of public housing communities organized Neighborhood Watch, Citizen Patrol, and
Youth Corp programs to ensure safer living conditions.
Sherry Mattison, Summer of Safety Program Supervisor, and John McGrath, Director
of San Bernardino Housing Authority, accepted the commendation; and certificates were
presented to 26 volunteers.
PUBLIC COMMENTS - HAMID AGHILI
(4)
Hamid Aghili, 1574 Glenview Street, San Bernardino, CA, expressed concern regarding
the Arrow Vista housing project. He recommended that the Council hire another broker,
PUBLIC COMMENTS - JOHN STEVENS
(4-A)
John Stevens, 4097 N. Pershing, San Bernardino, CA, spoke regarding radioactive waste
at Norton Air Force Base and its effect on the City's water supply. He provided copies of his
documentation to the Mayor's staff; and Council suggested the City ask the Water Department
to read the material and report back to the Council with their findings.
PUBLIC COMMENTS - GARY KIRBY
(4-B)
Gary Kirby, 1505 Yardley, San Bernardino, CA, expressed concern regarding the lack
of support exhibited during the Mayor and Common Council meetings by the Council; and urged
the residents of the city to maintain its status as a Charter City rather than a general law city.
PUBLIC COMMENTS - BILL COATS
( 4-C)
Bill Coats, a future homeowner at Arrow Vista, spoke fondly of Hamid Aghili. His
house has been in escrow since July, and he would like to see Mr. Aghili receive his
commission.
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A discussion ensued regarding the Arrow Vista housing project.
ANNOUNCEMENT - COUNCIL MEMBER CURLIN
(3)
Council Member Curlin expressed concern regarding conduct at Mayor and Common
Council meetings, and urged the Mayor and Common Council to become more harmonious.
He also encouraged people to visit the Huntington Library in San Marino.
ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ (3-A)
Council Member Hernandez expressed concern regarding the negative publicity being
displayed by The Sun newspaper concerning the minority Council members.
ANNOUNCEMENT - COUNCIL MEMBER DEVLIN
(3-B)
Council Member Devlin wished a "Happy Birthday" to his daughter, Maureen.
WAIVE FULL READING OF RESOLUTIONS AND ORDINANCES (5)
Council Member Oberhelman made a motion, seconded by Council Member Miller, and
unanimously carried, that full reading of the resolutions and ordinances on the regular,
supplemental, addendum to supplemental and Community Development Commission agendas,
be waived.
COUNCIL MINUTES
(6)
Council Member Oberhelman made a motion, seconded by Council Member Miller, and
unanimously carried, that the minutes of the following meetings of the Mayor and Common
Council of the City of San Bernardino be approved as submitted in typewritten form: July 5,
1994; July 18, 1994; August 10, 1994.
RES. 94-255 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A SCHEDULE A ADDENDUM TO LEASE PURCHASE
AGREEMENT OF ASSOCIATES COMMERCIAL CORPORATION, FOR THE
FINANCING OF SIX (6) EACH, AUTOMATED SIDE LOADING REFUSE
TRUCKS, TO BE UTILIZED BY THE PUBLIC SERVICES/REFUSE
DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-94-06.
(9)
Council Member Oberhelman made a motion, seconded by Council Member Miller, that
said resolution be adopted.
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Resolution No. 94-255 was adopted by the following vote: Ayes: Council Members
Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent:
None.
AUTHORIZE APPLICATION & ADMINISTRATION - $50,000 OF
EMERGENCY FOOD AND SHELTER PROGRAM FUNDS (FEMA XIII)
(12)
In a memorandum dated August 16, 1994, Annie Ramos, Director of Parks, Recreation
and Community Services, stated that Congress has appropriated funding through the Emergency
Food and Shelter National Board Program (FEMA XIII) to local public and private organizations
for the purpose of delivering emergency food and shelter to needy individuals. Grants are made
from FEMA to communities through local boards convened by the United Way with
representatives from the public and private organizations.
The local FEMA Board of San Bernardino has selected the Westside Community Service
Center as one of the sites within the City to assist with distribution of funds between October
I, 1994 and September 30, 1995. Staff has prepared an application for $50,000 to be
administered through the Westside Community Service Center. There is no additional cost to
the City for the administration of this program.
Council Member Oberhelman made a motion, seconded by Council Member Miller, and
unanimously carried, that the Parks, Recreation and Community Services Director be authorized
to apply for and administer $50,000 of emergency food and shelter funds provided under the
provision of the Emergency Food and Shelter National Program (FEMA XIII).
AUTHORIZE OUT-OF-STATE TRAVEL - SR. RECREATION SUPERVISOR
AUDREE TAYLOR & COMMUNITY CENTER MANAGER II ANN KASSEL
- PARKS, RECREATION & COMMUNITY SERVICES - NATIONAL
RECREATION & PARKS ASSOCIATION CONFERENCE - OCTOBER 10-16,
1994. (13)
In a memorandum dated August 4, 1994, Annie Ramos, Director of Parks, Recreation
and Community Services, stated that Senior Recreation Supervisor Audree Taylor and Ann
Kassel, Community Center Manager II, have requested to attend the National Recreation and
Parks Association Conference in Minneapolis, Minnesota, on October 10-16, 1994, at their own
expense. The conference would provide an opportunity for continued education and training,
as well as knowledge of current trends in the profession; from which department employees, the
City, and ultimately the public would benefit.
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Council Member Oberhelman made a motion, seconded by Council Member Miller, and
unanimously carried, that out-of-state travel for Senior Recreation Supervisor Audree Taylor and
Community Center Manager II, Ann Kassel, to attend the National Recreation and Parks
Association Conference in Minneapolis, Minnesota, on October 10 through October 16, 1994,
be authorized.
RES. 94-256 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND
COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT
WITH THE NATIONAL INDIAN COUNCIL ON AGING, INC. SENIOR
COMMUNITY SERVICE EMPLOYMENT PROGRAM TO PLACE SENIOR
TRAINEES AT CITY WORK SITES. (14)
RES. 94-257 - RESOLUTION OF THE CITY OF SAN BERNARDINO
IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE FIRE
SAFETY EMPLOYEES' BARGAINING UNIT OF THE CITY OF SAN
BERNARDINO REPRESENTED BY INTERNATIONAL ASSOCIATION OF
FIRE FIGHTERS' LOCAL 891. (15)
RES. 94-258 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AMENDMENT OF LEASE BY
AND BETWEEN THE SEDLAK FAMILY TRUST AND THE CITY OF SAN
BERNARDINO. (16)
Council Member Oberhelman made a motion, seconded by Council Member Miller, that
said resolutions be adopted.
Resolution Nos. 94-256, 94-257 and 94-258 were adopted by the following vote: Ayes:
Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller.
Nays: None. Absent: None.
CLAIMS AND PAYROLL
(17)
Council Member Oberhelman made a motion, seconded by Council Member Miller, and
unanimously carried, that the claims and payroll and authorization to issue warrants as listed on
the memorandum dated August 29, 1994, from the Director of Finance, be approved.
PERSONNEL ACTIONS
(18)
Council Member Oberhelman made a motion, seconded by Council Member Miller, and
unanimously carried, that the personnel actions submitted by the Chief Examiner dated August
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18, 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.
RES. 94-259 - RESOLUTION OF THE CITY OF SAN BERNARDINO
APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 10352,
LOCATED ON THE NORTH SIDE OF NORTHPARK BOULEVARD, EAST
OF THE TERMINUS OF LITTLE MOUNTAIN DRIVE, ACCEPTING THE
PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND
AUTHORIZING EXECUTION OF THE STANDARD FORM OF
AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH
TIME FOR PERFORMANCE SPECIFIED. (19)
RES. 94-260 - RESOLUTION OF THE CITY OF SAN BERNARDINO
APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 10352-3,
LOCATED ON THE NORTH SIDE OF NORTHPARK BOULEVARD, EAST
OF THE TERMINUS OF LITTLE MOUNTAIN DRIVE, ACCEPTING THE
PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND
AUTHORIZING EXECUTION OF THE STANDARD FORM OF
AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH
TIME FOR PERFORMANCE SPECIFIED. (20)
RES. 94-261 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF PROGRAM SUPPLEMENT NO. 8 TO STATE-LOCAL
TRANSPORTATION PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP
NO. 5033, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA,
ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION,
RELATING TO IMPROVEMENT OF WATERMAN AVENUE, FROM SIXTH
STREET TO NINTH STREET. (21)
Council Member Oberhelman made a motion, seconded by Council Member Miller, that
said resolutions be adopted.
Resolution Nos. 94-259,94-260 and 94-261 were adopted by the following vote: Ayes:
Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller.
Nays: None. Absent: None.
RES. 94-262 - 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. (7)
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Council Member Hernandez made a motion, seconded by Council Member Miller, that
said resolution be adopted.
Resolution No. 94-262 was adopted by the following vote: Ayes: Council Members
Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller. Nays: Council Member Pope-
Ludlam. Absent: None.
REORGANIZATION - FACILITIES MANAGEMENT DIVISION - DELETE
FACILITIES MAINTENANCE SUPERINTENDENT & ESTABLISH PROJECT
COORDINATOR POSITION (8)
In a memorandum dated August 18, 1994, James Sharer, Facilities Manager, requested
a reorganization to reduce operating costs while maximizing the efficiency of the division. The
division presently has a Facilities Maintenance Superintendent position reporting to the Facilities
Manager; however, the position is now vacant. The position of Energy Management
Coordinator was eliminated in 1992; however, the functions of this position should be
reestablished. Consequently, it is recommended that the Facilities Maintenance Superintendent
position be deleted and a new position of Project Coordinator be established, which would
include duties from both the Facilities Maintenance Superintendent and the Energy Management
Coordinator. The reorganization would save the City $7,366 annually. On August 18, 1994,
the Council Personnel Committee recommended approval of the matter.
Council Member Hernandez made a motion, seconded by Council Member Negrete, that
one (1) Facilities Maintenance Superintendent (Range 4421, $3,621 - $4,402/month) be
eliminated; that one (1) Project Coordinator (Range 4390, $3,101 - $3,770/month) be
established; and that the Personnel Department be directed to update Resolution No. 6413,
Section Fourteen, to reflect this particular action.
The motion carried by the following vote: Ayes: Council Members Negrete, Curlin,
Hernandez, Devlin, Miller. Nays: Council Members Oberhelman, Pope-Ludlam. Absent:
None.
RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING LEASE
PURCHASE MASTER AGREEMENT FOR KOCH FINANCIAL
CORPORATION, FOR THE FURNISHING OF LEASE PURCHASE
FINANCING. (10)
Council Member Hernandez made a motion, seconded by Council Member Miller, that
said resolution be adopted. (Note: There was no vote taken.)
Discussion ensued regarding the need for lease purchase master agreements.
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Council Member Devlin made a substitute motion 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 failed for lack of a second.
Council Member Pope-Ludlam made a motion, seconded by Council Member
Oberhelman, and unanimously carried, that the matter be referred to the Ways and Means
Committee.
RES. 94-263 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A FOURTH AMENDMENT TO THE
AGREEMENT WITH CONSULTANT, RUTH PARISH, OF
TECKNOWLEDGE GROUP, INC., TO PERFORM CONSULTING SERVICES
FOR THE MANAGEMENT INFORMATION SERVICES DEPARTMENT.
(11)
Council Member Oberhelman made a motion, seconded by Council Member Hernandez,
that said resolution be adopted.
Resolution No. 94-263 was adopted by the following vote: Ayes: Council Members
Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent:
None.
RES. 94-264 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ASL
CONSULTING ENGINEERS RELATING TO PROFESSIONAL
ENGINEERING SERVICES FOR THE FIVE-LEVEL PARKING
STRUCTURE. (22)
Council Member Oberhelman made a motion, seconded by Council Member Hernandez,
that the transfer of $6,000 from Account No. 120-000-30405, in the Emergency Fund, to
Account No. 001-206-54104, "Other Professional Services, n be approved; and that said
resolution be adopted.
The motion carried and Resolution No. 94-264 was adopted by the following vote: Ayes:
Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller.
Nays: None. Absent: None.
RES. 94-265 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A CO-OPERATIVE AGREEMENT
WITH THE CITY OF HIGHLAND RELATING TO THE MAINTENANCE OF
LANDSCAPING IN THE HIGHLAND AVENUE MEDIAN, BETWEEN
PIEDMONT DRIVE AND BOULDER AVENUE. (23)
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A discussion ensued regarding the adoption of said resolution, the costs associated with
the agreement, and other agreements currently held with the City of Highland.
Council Member Oberhelman made a motion, seconded by Council Member Miller, that
said resolution be adopted.
Resolution No. 94-265 was adopted by the following vote: Ayes: Council Members
Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent:
None.
RECESS MEETING
At 9:58 a.m. Mayor Minor declared a five-minute recess.
RECONVENE MEETING
At 10:04 a.m. Mayor Minor reconvened the regular meeting of the Mayor and Common
Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor
Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam,
Miller; Deputy City Attorney Roth; City Clerk Rachel Clark; City Administrator Shauna Clark.
Absent: None.
PROPOSED PURCHASE OF PROPERTY - 1350 SOUTH "E" STREET - SAN
BERNARDINO VALLEY MUNICIPAL WATER DISTRICT COUNCIL
MEMBER CURLIN (29)
In a memorandum dated August 25, 1994, Council Member Curlin recommended that
discussion and referral to Ways and Means Committee take place regarding the San Bernardino
Valley Municipal Water District's (SBVMWD) proposal to purchase City property located at
1350 South "E" Street, San Bernardino, CA.
Discussion ensued regarding San Bernardino Valley Municipal Water District's proposal
to purchase property located at 1350 South "E" Street.
Patrick Milligan, President of the San Bernardino Valley Municipal Water District, 1350
South "E" Street, San Bernardino, CA, reiterated that the District has a 50-year lease on the
property with 24 years yet to go. Because they have 24 years to go, and have realized they have
outgrown the facilities, they are contemplating spending several million in upgrading the facility.
He presented a diagram showing the buildings and improvements they intend to construct at the
South "E" Street location. Mr. Milligan emphasized that he started three years ago to try and
either extend the lease for another 25 years or buy the property, and he has never been able to
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get the matter out in the open and addressed. He stressed the need for the Council to take some
affirmative action so the District can move forward. He emphasized that the District wants to
stay here in San Bernardino, and doesn't want to be in a position where the Board is wanting
to look at other locations, possibly out of the City of San Bernardino.
Discussion continued regarding the proposed sale of the property, the need for an
appraisal and San Bernardino Valley Municipal Water District's offer to purchase the property.
Mr. Milligan answered questions regarding SBVMWD's current capacity requirement and its
offer to purchase said property.
Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam,
to direct staff to research all the legal processes that we have to initiate for purchase of the
property.
Council Member Curlin made a substitute motion, seconded by Council Member
Hernandez, and unanimously carried, to direct staff to proceed forthwith, under the direction of
the Mayor, to research all legal processes to initiate the purchase of City property at 1350 South
"E" Street by the San Bernardino Valley Municipal Water District, in order to present the
necessary information at the Mayor and Common Council meeting of October 3, 1994, in the
Council Chambers of City Hall, 300 North "D" Street, San Bernardino, CA.
SEWER WAIVER REQUEST NO. 94-01 - CONNECT TO SEWER SYSTEM -
SINGLE-FAMILY RESIDENCE - 370 EDGERTON DRIVE - FRANK E.
RHODES, JR. (24)
In a memorandum dated August 16, 1994, Roger Hardgrave, Director of Public
Works/City Engineer, stated that a request was received from Frank and Kathleen Rhodes, for
waiver of the standard requirement to connect to the City sewer system for construction of a
single-family residence on a parcel located at 370 Edgerton Drive. The parcel is approximately
0.75 acres in size and is located north of the northerly terminus of Arrowhead Avenue. The
nearest available sewer main is approximately 800 feet from the parcel in Arrowhead Avenue.
Ordinance No. MC-663 provides that the Mayor and Common Council may waive the
requirement to connect to the City's sewer system for a new single-family residence if the
following conditions exist: (1) The proposed single-family development would be built upon a
lot larger than one-half acre, and there is a natural obstruction or a hill with an adverse grade
that prevents the practical extension of a sewer line to serve the development; (2) The proposed
residential development is a fill-in project, where structures exist on at least 75 percent of the
block and none are connected to the sewer system.
The parcel meets the requirements, and the $500 administrative processing fee has been
paid by the applicant.
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Approval of this waiver would not automatically grant the applicant permission to install
a septic tank. An application for a septic tank would still have to be submitted to the
Department of Planning and Building Services and would be subject to all applicable conditions.
Staff recommends approval of the request.
Council Member Oberhelman made a motion, seconded by Council Member Negrete,
and unanimously carried, that Sewer Waiver Request No. 94-01 for construction of a single-
family residence on an existing lot of record located at 370 Edgerton Drive (APN 271-071-33)
requesting a waiver of requirement to connect to the sewer system, be approved.
RES. 94-266 - RESOLUTION OF THE CITY OF SAN BERNARDINO
QUITCLAIMING THOSE CERTAIN ACCESS RIGHTS LOCATED AT THE
SOUTHWEST CORNER OF ATLANTIC AND BOULDER AVENUES IN THE
CITY OF SAN BERNARDINO, TO NORMA J. LEUSCHEN REVOCABLE
TRUST. (25)
Council Member Oberhelman made a motion, seconded by Council Member Negrete,
that said resolution be adopted.
Resolution No. 94-266 was adopted by the following vote: Ayes: Council Members
Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent:
None.
RES. 94-267 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION NO. 8234 ENTITLED, IN PART, "A
RESOLUTION. . . ESTABLISHING PARKING TIME LIMITATIONS UPON
CERTAIN DESIGNATED STREETS OR ALLEYS, OR PORTIONS THEREOF
. . .;" AND AUTHORIZING THE IMPLEMENTATION OF A TWO-HOUR
PARKING LIMITATION ON ARROWHEAD AVENUE BETWEEN MILL
STREET AND V ALLEY STREET. (26)
Council Member Curlin made a motion, seconded by Council Member Hernandez, that
said resolution be adopted.
Resolution No. 94-267 was adopted by the following vote: Ayes: Council Members
Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent:
None.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
SECTION 2.58.105 TO THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO WILLFUL INTERRUPTIONS OF MEETINGS OF THE
MAYOR AND COMMON COUNCIL. First (27)
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Council Member Oberhelman made a motion, seconded by Council Member Pope-
Ludlam, and unanimously carried, that said ordinance be laid over for final adoption.
Gary Kirby, 1505 Yardley, San Bernardino, CA, expressed concern that the rules of
conduct should also apply to the Mayor and Common Council.
A discussion ensued regarding the applicability of the ordinance.
RESOLUTION OF SUPPORT - APPROVE WARD BASED NEIGHBORHOOD
YOUTH ACCOUNTABILITY PROGRAM - COUNCIL MEMBER CURLIN
(28)
In a memorandum dated August 25, 1994, Council Member Curlin recommended that
the City present a resolution of support to the Youth Accountability Board.
Council Member Miller made a motion, seconded by Council Member Negrete, and
unanimously carried, that the Youth Accountability Board Program for use in the City of San
Bernardino, be approved; and that a resolution of support be presented to the County of San
Bernardino Probation Department.
DISCUSS & TAKE POSSIBLE ACTION - PROCEDURAL RULES - MEETINGS OF
THE LEGISLATIVE BODY - COUNCIL MEMBER CURLIN. (30)
In a memorandum dated August 25, 1994, Council Member Curlin recommended
discussion and possible action or referral to Legislative Review Committee regarding procedural
rules for meetings of the legislative body.
A discussion was held regarding the need to codify and maintain consistency relative to
the rules of conduct for the legislative body.
Gary Kirby, 1505 Yardley, San Bernardino, CA, inquired if there was a desire for public
input.
Council Member Oberhelman made a motion, seconded by Council Member Devlin, and
unanimously carried, that the matter be referred to the Legislative Review Committee.
RECONSIDER - ORDINANCE OF THE CITY OF SAN BERNARDINO
ADDING CHAPTER 8.10 TO THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO THE PROVISION OF EMERGENCY AMBULANCE
SERVICE BY THE CITY TO THE RESIDENTS OF THE CITY.
First (31)
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This is the time and place set to reconsider the establishment of a City-operated
emergency ambulance service.
Council Member Oberhelman made a motion, seconded by Council Member Devlin that
the matter be continued. (Note: No date specified.)
Council Member Pope-Ludlam made a substitute motion, seconded by Council Member
Hernandez, and unanimously carried, that the matter be tabled.
PROPOSED CHARTER AMENDMENT - TOTAL CONTROL OF WATER
DEPARTMENT BY MAYOR AND COMMON COUNCIL - COUNCIL
MEMBER OBERHELMAN (32)
In a memorandum dated August 22, 1994, Council Member Oberhelman recommended
that staff be directed to draft an ordinance placing a charter amendment on the ballot for the next
election changing Article IX, Section 160, providing for total control of the Water Department
by the Mayor and Common Council rather than the Board of Water Commissioners.
Council Member Oberhelman made a motion, seconded by Council Member Pope-
Ludlam, and unanimously carried, that the matter be tabled.
PROPOSED ORDINANCE LIMITING AMOUNT OF
CONTRIBUTIONS - COUNCIL MEMBER OBERHELMAN
CAMPAIGN
(33)
In a memorandum dated August 22, 1994, Council Member Oberhelman requested that
discussion be held, and that staff be directed to draft an ordinance limiting the amount of money
that could be spent on any City campaign.
Council Member Oberhelman made a motion, seconded by Council Member Pope-
Ludlam, and unanimously carried, that the matter be referred to the Legislative Review
Committee.
PROPOSED ORDINANCE SHORTENING TIME PERIOD FOR ACTIVE
CAMPAIGNING - COUNCIL MEMBER OBERHELMAN (34)
In a memorandum dated August 22, 1994, Council Member Oberhelman requested that
discussion be held, and that staff be directed to draft an ordinance shortening the time period in
which active campaigning could occur for any City office.
Council Member Oberhelman made a motion, seconded by Council Member Pope-
Ludlam, and unanimously carried, that the matter be referred to the Legislative Review
Committee.
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9/6/94
PROPOSED ORDINANCE - CONFLICT OF INTEREST GUIDELINES -
COUNCIL MEMBER OBERHELMAN (35)
In a memorandum dated August 22, 1994, Council Member Oberhelman requested that
discussion be held, and that staff be directed to draft an ordinance providing for conflict of
interest guidelines applicable to the Mayor and Council.
Council Member Oberhelman made a motion, seconded by Council Member Pope-
Ludlam, and unanimously carried, that the matter be referred to the Legislative Review
Committee.
DISCUSS AND REFER CITY OF SAN JOSE'S PLAN OF ETHICS AND
CAMPAIGN PROVISIONS TO LEGISLATIVE REVIEW COMMITTEE -
COUNCIL MEMBER CURLIN (36)
In a memorandum dated August 22, 1994, Council Member Curlin requested that
discussion be held regarding the City of San Jose's Plan of Ethics and Campaign Provisions,
with subsequent referral to the Legislative Review Committee for review, analysis and
recommendation.
Council Member Oberhelman made a motion, seconded by Council Member Pope-
Ludlam, and unanimously carried, that the matter be referred to the Legislative Review
Committee.
RES. 94-268 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH STAT
PHYSICIANS' SERVICE TO PROVIDE BILLING SERVICES FOR THE
COLLECTION OF FEES FOR PARAMEDIC SERVICES. (37)
Council Member Miller made a motion, seconded by Council Member Devlin, that said
resolution be adopted.
Resolution No. 94-268 was adopted by the following vote: Ayes: Council Members
Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent:
None.
AUTHORIZE USE OF CITY EQUIPMENT AND PERSONNEL TO ASSIST
SAN BERNARDINO COUNTY DEPARTMENT OF PUBLIC HEALTH - RED
RIBBON PARADE ON OCTOBER 22, 1994 - WAIVE CITY FEES OF
$3,376 (38)
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9/6/94
In a memorandum dated August 11, 1994, Annie Ramos, Director of Parks, Recreation
and Community Services, stated that the sixth annual Red Ribbon Parade, which is sponsored
by the San Bernardino County Department of Public Health, is scheduled for October 22, 1994,
and is the kickoff event for the Red Ribbon Week activities. The sponsor is requesting that the
$3,376 in fees associated with this event be waived. The County would be required to
furnish a $1 million insurance policy with the City named as an additionally insured and would
be required to provide the City with a hold harmless and indemnification agreement. The Red
Ribbon Parade is an important event for the community. It brings great visibility to Red Ribbon
Week activities and to the community's efforts to combat drugs. It is highly appropriate that
the City support this event and the waiver of the fees is recommended.
Council Member Oberhelman made a motion, seconded by Council Member Hernandez,
and unanimously carried, that utilization of City crews and equipment and City Police personnel
for assisting San Bernardino County Department of Public Health with the Red Ribbon Parade
on October 22, 1994, be authorized; and that the expenses in the amount of $3,376 incurred by
the use of City forces and equipment and Police Department personnel in providing assistance
to San Bernardino County Department of Public Health for the Red Ribbon Parade on October
22, 1994, be waived.
RES. 94-269 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH RALPH
DANIELS AND CLEVELAND PALMER REPRESENTING CAJUN GARDEN
RESTAURANT, 1632 W. FIFTH STREET, RELATING TO THE LEASE OF
PARKING SPACES IN NUNEZ PARK PARKING LOT. (39)
Council Member Oberhelman made a motion, seconded by Council Member Pope-
Ludlam, that said resolution be adopted.
A discussion ensued regarding the parking lot lease agreement.
Resolution No. 94-269 was adopted by the following vote: Ayes: Council Members
Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent:
None.
AUTHORIZE OUT-OF-STATE TRAVEL FOR POLICE LIEUTENANT SMITH
- COMMUNITY POLICING CONSORTIUM INTERNSHIP - SEPTEMBER 7,
1994 TO NOVEMBER 30, 1994 - CERTIFY AND AUTHORIZE ACTING PAY
FOR POLICE SERGEANT TO POLICE LIEUTENANT DURING ABSENCE
(40)
In a memorandum dated August 15, 1994, Daniel A. Robbins, Chief of Police, stated that
the Community Police Consortium was created by the Federal government as a result of
President Clinton's campaign promise to put 100,000 community police officers on the street.
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9/6/94
Vice President Al Gore completed a study called "Reinventing Government" and recommended
that all training provided by the Federal government be consolidated under a single organization.
The organization created to perform this function is the Community Policing Consortium. The
Consortium will be responsible for national training on community policing for local and county
police agencies.
Stephen Gafagan, Director of the Community Policing Consortium, has requested that
Lieutenant Smith assist in the creation of the training format for the Consortium at Washington,
D.C., from September 7, 1994, through November 30, 1994. Lieutenant Smith would be
providing technical assistance to police agencies throughout the country requesting assistance
from the consortium to implement community policing. The strategies that would be developed
to assist police agencies will also be shared with San Bernardino. Lieutenant Smith's exposure
to other agencies' practices would also provide additional insights and strategies for our agency.
The consortium will provide funding for all hard costs incurred including housing,
transportation, typing, editing, etc. The City would be required to pay his wages during his
internship in Washington.
A sergeant will be certified to the position of lieutenant to act in Lieutenant W. D.
Smith's capacity during his absence.
Council Member Curlin made a motion, seconded by Council Member Negrete, and
unanimously carried, that out-of-state travel for Lt. W.D. Smith be authorized to allow Lt. W.D.
Smith to participate in the Community Police Consortium to be held in Washington, D.C., from
September 7, 1994, through November 30, 1994; and that a police sergeant be certified to the
position of police lieutenant during his absence.
RES. 94-270 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE
NONDISPOSAL FACILITY ELEMENT (NDFE) AND THE LETTER OF
ADDENDUM TO THE CITY'S SOURCE REDUCTION AND RECYCLING
ELEMENT (SRRE). (41)
Council Member Oberhelman made a motion, seconded by Council Member Miller, that
said resolution be adopted.
Resolution No. 94-270 was adopted by the following vote: Ayes: Council Members
Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent:
None.
ORD. MC-910 - ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING CHAPTER 8.24 OF THE SAN BERNARDINO MUNICIPAL
CODE RELATING TO GARBAGE AND RUBBISH. (Continued from August
15, 1994) Final (42)
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9/6/94
Council Member Oberhelman made a motion, seconded by Council Member Miller, that
said ordinance be adopted.
Ordinance No. MC-91O was adopted by the following vote: Ayes: Council Members
Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent:
None.
CITY ATTORNEY PENMAN ARRIVED
At 10:48 a.m., City Attorney Penman arrived at the Council meeting and Deputy City
Attorney Roth was excused.
ADJUST CITY ATTORNEY'S OFFICE FISCAL YEAR 1994/95 BUDGET -
CONTINUED FROM AUGUST 18, 1994 (43)
This is the time and place continued to for consideration of an adjustment to the City
Attorney's Office fiscal year 1994/95 budget.
Mayor Minor announced that City Attorney Penman had requested that the item be
removed from the agenda.
Council Member Devlin made a motion, seconded by Council Member Pope-Ludlam,
and unanimously carried, that the matter be tabled.
CITY ATTORNEY PENMAN EXCUSED
At 10:50 a.m. City Attorney Penman left the Council Meeting and was replaced by
Deputy City Attorney Roth.
CASA RAMONA, INC. - FUNDING REQUEST & WAIVE FEES - $17,330-
MEXICAN INDEPENDENCE DAY CASTILLO CELEBRATION
SEPTEMBER 15, 1994 - SECCOMBE LAKE PARK - CONTINUED FROM
AUGUST 18, 1994 - DISCUSSED LATER IN THE MEETING - SEE PAGE 29
(44)
This is the time and place continued to consider a request from Casa Ramona, Inc., for
funding and waiver of applicable City fees in the amount of $17,330 for a Mexican
Independence Day Castillo Celebration to be held September 15, 1994, at Seccombe Lake Park.
Council Member Negrete made a motion, seconded by Council Member Oberhelman,
that the request from Casa Ramona, Inc., for $17,330 in civic/promotional funding for the
Castillo Day celebration on September 15, 1994, at Seccombe Lake Park and waiver of
applicable City fees, be approved. (Note: There was no vote taken.)
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9/6/94
A discussion was held regarding whether or not the event could be held as a result of the
continuance from the August 18, 1994, Mayor and Council meeting.
Council Member Hernandez made a substitute motion, seconded by Council Member
Pope-Ludlam, that the matter be tabled. (Note: There was no vote taken.)
It was the consensus of the Mayor and Council that the matter be continued to later in
the meeting to allow a representative of Casa Ramona to be present for any questions or
discussion.
INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE - FUNDING
REQUEST - $23,586 - 16TH OF SEPTEMBER CELEBRATION -
CONTINUED FROM AUGUST 18, 1994 - DISCUSSED LATER IN THE
MEETING - SEE PAGE 29 (45)
This is the time and place continued to consider a request from the Inland Empire
Hispanic Chamber of Commerce for financial assistance in the amount of $23,586 for a 16th of
September celebration to be held at Nunez Park.
It was the consensus of the Mayor and Common Council that the matter be continued to
later in the meeting.
REQUEST FOR $14,000 IN CIVIC AND PROMOTION FUNDING - WAIVER
OF FEES FOR USE OF CITY FACILITIES, EQUIPMENT, AND
PERSONNEL IN THE AMOUNT OF $6,096 - TOTAL OF $20,096 - 16TH OF
SEPTEMBER FIESTA - LA PLAZA PARK ON SEPTEMBER 16 & 17,1994-
LlBRERIA DEL PUEBLO, INC. (8-1)
In a memorandum dated August 31, 1994, Council Member Hernandez stated that
Libreria del Pueblo, Inc., is sponsoring a fund raising celebration at La Plaza Park on September
16 & 17, 1994, to benefit the student scholarship fund and to celebrate Mexican Independence
Day. Toward this end, they are requesting City financial support in the amount of $14,000 to
assist with expenses connected with the celebration. Total departmental fees connected with this
event and eligible for waiver are $6,096. Ineligible for waiver are the refundable damage bond
and clean-up deposit fees totaling $3,500. As the event is aimed at civic betterment by
providing cultural activities for all citizens and to raise scholarship funds for students, it is
recommended that an amount of $14,000 be allocated from the Civic and Promotion Fund for
this event and all applicable City fees in the amount of $6,096 be waived for a total financial
commitment from the City of $20,096.
It was the consensus of the Mayor and Council that the matter be continued to later in
the meeting.
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9/6/94
DISCUSS ISSUES PERTAINING TO SEXUAL HARASSMENT - COUNCIL
MEMBER HERNANDEZ - CONTINUED FROM AUGUST 15, 1994 (46)
This is the time and place continued to for discussion of issues pertaining to sexual
harassment and the lack of understanding by the public, and the City's liability regarding sexual
harassment.
A discussion was held regarding the ramifications of sexual harassment and the steps the
City has taken to address the issue.
There was no further action taken on the matter.
RES. 94-271 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER TO GIBSON BROS. JANITORIAL
SERVICE FOR THE FURNISHING AND DELIVERY OF CUSTODIAL
SERVICE FOR FELDHEYM LIBRARY, TO BE UTILIZED BY THE
LIBRARY IN ACCORDANCE WITH BID SPECIFICATION F-95-05.
(Continued from August 15, 1994; Resolution introduced on September 6,
1994) (47)
Council Member Oberhelman made a motion, seconded by Council Member Miller, that
said resolution be adopted.
Resolution No. 94-271 was adopted by the following vote: Ayes: Council Members
Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent:
None.
RECESS MEETING
At 10:56 a.m., Mayor Minor declared a five-minute recess.
RECONVENE MEETING
At 11:04 a.m. Mayor Minor reconvened the regular meeting of the Mayor and Common
Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor
Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam,
Miller; Senior Assistant City Attorney Barlow; Attorney Tim Sabo; City Clerk Rachel Clark.
Absent: City Administrator Shauna Clark.
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9/6/94
COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING
At 11:04 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.
RES. 94-272 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO ROSS-DOYLE, INC., DBA ROSSCRETE
ROOFING FOR INSTALLATION OF HVAC EQUIPMENT AND RE-
ROOFING THE BOYS AND GIRLS CLUB. (R-3)
Council Member Curlin made a motion, seconded by Council Member Oberhelman, that
said resolution be adopted.
Resolution No. 94-272 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 12:08 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 2:01 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common
Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor
Minor; Council Members Negrete, Hernandez, Oberhelman, Devlin, Miller; Deputy City
Attorney Empeno, City Clerk Rachel Clark. Absent: Council Members Curlin, Pope-Ludlam;
City Administrator Shauna Clark.
APPOINTMENT - CYNTHIA A. BUTTRAM - ANIMAL ADVISORY
COMMISSION - ALTERNATE MEMBER (2-C)
In a memorandum dated August 23, 1994, Mayor Minor recommended that the
appointment of Cynthia Buttram, 2636 North "Goo Street, San Bernardino, CA, as an alternate
member to the Animal Advisory Commission.
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9/6/94
Council Member Oberhelman made a motion, seconded by Council Member Devlin, and
unanimously carried, that the appointment of Cynthia Buttram as an alternate member to the
Animal Advisory Commission, as requested by Mayor Minor, be approved.
COUNCIL MEMBER CURLIN RETURNED
At 2:02 p.m., Council Member Curlin returned to the Council meeting and took his place
at the council table.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT FOR SERVICES WITH EDAW, INC.,
FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR
THE PROPOSED CAROUSEL MALL EXPANSION PROJECT. (Continued
from August 15, 1994) (48-A)
Al Boughey, Director of Planning and Building Services, explained that the Carousel
Mall has requested that the matter be delayed for several months so that the scope of the
proposed project could be revised.
COUNCIL MEMBER POPE-LUDLAM RETURNED
At 2:05 p.m., Council Member Pope-Ludlam returned to the Council meeting and took
her place at the council table.
Concern was expressed regarding whether the environmental impact report for the
Carousel Mall could proceed separately at a later date without delaying the environmental impact
report for the Inland Center Mall.
Director Boughey stated that the environmental impact reports could proceed separately
without any difficulty.
Jeff Wright, P.O. Box 2341, San Bernardino, CA, expressed opposition to the City
paying for the environmental impact reports and then being reimbursed by the respective malls.
Council Member Oberhelman made a motion, seconded by Council Member Hernandez,
and unanimously carried, that the matter be tabled.
RES. 94-273 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING AN AGREEMENT FOR SERVICES WITH EDAW, INC.,
FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR
THE PROPOSED INLAND CENTER MALL EXPANSION PROJECT.
(Continued from August 15, 1994) (48-B)
Council Member Oberhelman made a motion, seconded by Council Member Hernandez,
that said resolution be adopted.
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9/6/94
Resolution No. 94-273 was adopted by the following vote: Ayes: Council Members
Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent:
None.
INITIATE GENERAL PLAN AMENDMENT CONSIDER CH,
COMMERCIAL HEAVY, OR IL, INDUSTRIAL LIGHT, LAND USE
DESIGNATION - SOUTHWEST SIDE OF CAJON BOULEVARD BETWEEN
MEDICAL CENTER DRIVE & CALIFORNIA STREET - COUNCIL MEMBER
POPE-LUDLAM (49)
In an undated memorandum, Council Member Pope-Ludlam stated that the area on the
southwest side of Cajon Boulevard between Medical Center Drive and California Street consists
of several parcels. Two of the parcels are developed with industrial warehouse buildings that
are not designed for commercial uses; although these buildings are nonconforming, they can be
utilized for commercial uses. Pursuant to the General Plan, if the current industrial uses of these
buildings cease for a period of six months, the buildings may only be reused for commercial
uses consistent with the Commercial General, CG-l, land use designation; therefore, it is
recommended that a general plan amendment be initiated to consider changing the land use
designation to Commercial Heavy, CH, or Industrial Light, IL, land use designation. The
buildings require renovation to meet current code requirements, regardless of use. Planning staff
has estimated that it would cost the City approximately $3,000, and four months, to process the
general plan amendment.
AI Boughey, Director of Planning and Building Services, answered questions regarding
the zoning in the area of the proposed general plan amendment.
Council Member Devlin made a motion, seconded by Council Member Oberhelman, and
unanimously carried, that the matter be continued to October 3, 1994, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
CITY ADMINISTRATOR SHAUNA CLARK RETURNED
At 2:23 p.m., City Administrator Shauna Clark returned to the Council meeting.
RES. 94-274 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO EASTLAND CONSTRUCTION, INC., FOR
INSTALLATION OF STREET IMPROVEMENTS ON CENTRAL AVENUE,
FROM TIPPECANOE AVENUE TO MT. VIEW AVENUE. (S-2)
Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed opposition to a paved road
being constructed in the wash area.
Council Member Pope-Ludlam made a motion, seconded by Council Member Negrete,
that said resolution be adopted.
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9/6/94
Resolution No. 94-274 was adopted by the following vote: Ayes: Council Members
Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent:
None.
DEPUTY CITY ATTORNEY EMPENO EXCUSED
At 2:24 p.m., Deputy City Attorney Empeno left the Council meeting and was replaced
by Senior Assistant City Attorney Barlow.
TRAFFIC OPERATION IMPROVEMENT - KENDALL DRIVE & LITTLE
MOUNTAIN DRIVE - APPROVE PLANS & ADVERTISE FOR BIDS
(S-3)
In a memorandum dated August 29, 1994, Roger Hardgrave, Director of Public
Works/City Engineer, stated that the intersection of Kendall and Little Mountain Drives has been
a source of concern for many years due to motorists making illegal left hand turns from Little
Mountain Drive.
The City Traffic Engineer recommended, after meeting with adjoining business owners,
that the Kendall Drive intersection at Little Mountain Drive be closed, in order to alleviate
concerns over traffic problems; however, the adjoining business owners did not concur with that
recommendation. Therefore, it was agreed to construct a curbed island in Little Mountain Drive
to preclude left turns into Kendall Drive, provided that two driveway approaches were installed
along Kendall Drive. A temporary median would be installed, after the driveway approaches
are available for use, in order to evaluate the impact on the businesses. If no adverse impacts
are noted, a permanent curbed island would be installed. Plans have been prepared for the
installation of these two driveway approaches, and pavement of the alley as more vehicles would
be making left turns into the alley, as a result of the median in Little Mountain Drive. The total
estimated project cost is $22,500.
Council Member Hernandez made a motion, seconded by Council Member Oberhelman,
and unanimously carried, that the expenditure of $22,500, from Account No. 250-670-57477,
"Minor Improvements - Various Locations," for installation of driveway approaches and alley
paving, for the commercial businesses at Kendall Drive and Little Mountain Drive, be approved;
that the plans for installation of two driveway approaches and paving the alley for the
commercial businesses at Kendall Drive and Little Mountain Drive, in accordance with Plan No.
9179, be approved; and that the Director of Public Works/City Engineer be authorized to
advertise for bids.
INSTALL FOUR-WAY STOP SIGN - MACY & ELLEN STREETS
(8-5)
In a memorandum dated August 30, 1994, Council Member Hernandez requested
approval to install a four-way stop sign at the intersection of Macy and Ellen Streets.
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9/6/94
Council Member Hernandez made a motion, seconded by Council Member Oberhelman,
and unanimously carried, that installation of a four-way stop sign at Macy and Ellen Streets, be
approved.
CHANGE ORDER NO. THREE - MATICH CORPORATION - INSTALL ATS
COMMUNICATION CONDUIT - TIPPECANOE AVENUE, "COO STREET &
DEL ROSA DRIVE - CONTRACT INCREASE $95,486.87 (AS-I)
In a memorandum dated August 18, 1994, Roger Hardgrave, Director of Public
Works/City Engineer, stated that several meetings were conducted with all known existing utility
companies relative to the improvement of Tippecanoe Avenue, "COO Street (Sheppard Boulevard)
and Del Rosa Drive on the former Norton Air Force Base, to ensure that adequate basic utility
facilities are installed and available to serve the new uses to be developed as part of the former
base's conversion to civilian use and to ensure that the utilities would be underground. As a
result of these meetings, it was decided that the necessary conduits, manholes, vaults, and other
infrastructure would be installed in two trenches as a part of the street improvement contract.
After construction had commenced, a request was received from A TS, formerly MCI and
Western Union, that a conduit and appurtenant facilities be provided to allow installation of a
communication cable. The Inland Valley Development Agency reviewed the request, and
determined that availability of this utility would enhance their efforts to attract new users.
Matich Corporation has quoted a price of $95,486.87 for furnishing and installing conduit and
appurtenant facilities in one of the two utility trenches, for the ATS communication cable. Staff
has reviewed the price, and feel that it is fair and reasonable for the work involved. A grant
has been secured through the United States Department of Commerce Economic Development
Administration to finance seventy-five percent (75%) of the total project costs. The twenty-five
percent (25%) local agency share would be funded by the Inland Valley Development Agency.
No City funds are required to finance the cost of this project.
Jeff Wright, P.O. Box 2341, San Bernardino, CA, felt that the matter should have been
included in the original plans, and expressed opposition to the change order.
Council Member Pope-Ludlam made a motion, seconded by Council Member Negrete,
that Change Order No. Three to the contract with Matich Corporation, for the construction of
street improvements on Tippecanoe Avenue, "C" Street (Sheppard Boulevard) and Del Rosa
Drive, in accordance with Plan No. 9053, be approved; to authorize the contractor to install an
ATS communication conduit on Tippecanoe Avenue, "COO Street and Del Rosa Drive, at an
increase in the contract price of $95,486.87; from $4,247,813 to $4,343,299.87.
The motion carried by the following vote: Ayes: Council Members Negrete, Curlin,
Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: Council Member Hernandez. Absent:
None.
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9/6/94
AUTHORIZE HIRING LEGAL SECRETARY I - ANNETTE ORTEGA - CITY
ATTORNEY'S OFFICE (AS-2)
In a memorandum dated August 31, 1994, James Penman, City Attorney, requested
authorization to hire Annette Ortega as a Legal Secretary I in the City Attorney's Office at
Salary Range 3314, Step One, $2,123 per month.
Council Member Oberhelman made a motion, seconded by Council Member Pope-
Ludlam, and unanimously carried, that the hiring of Annette Ortega as a Legal Secretary I, City
Attorney's Office, be authorized.
RECESS MEETING
At 2:34 p.m., Mayor Minor declared a five-minute recess.
RECONVENE MEETING
At 2:40 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 Roth, City Clerk Rachel Clark, City Administrator Shauna Clark.
Absent: None.
RECESS MEETING - CLOSED SESSION
At 2:40 p.m., the Mayor and Common Council
Commission recessed to closed session for the following:
(1)
and Community Development
1. Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9:
conference with legal counsel - anticipated litigation.
CLOSED SESSION
At 2:40 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.
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 Roth, City Clerk Rachel Clark, City Administrator Shauna Clark.
Absent: None.
Also present: Bernie Kersey, General Manager, Water Department.
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9/6/94
DEPUTY CITY ATTORNEY RHEMREV ARRIVED
At 2:42 p.m., Deputy City Attorney Rhemrev arrived at the closed session.
ADJOURN CLOSED SESSION
At 2:45 p.m., the closed session adjourned to the regular meeting of the Mayor and
Common Council of the City of San Bernardino.
RECONVENE MEETING
At 2:45 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, Attorney Tim Sabo, City Clerk Rachel Clark.
Absent: City Administrator Shauna Clark.
COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING
At 2:45 p.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.
CITY ADMINISTRATOR SHAUNA CLARK RETURNED
City Administrator Shauna Clark returned to the Council meeting.
RES. 94-275 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING A THIRD AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND WEST COAST ARBORISTS, INC.,
RELATING TO TREE TRIMMING SERVICES. (R-9-B)
Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired as to the cost for these tree
trimming services, and where the funding for these services would be obtained.
City Administrator Shauna Clark stated that it costs approximately $53 to trim each tree.
Council Member Oberhelman made a motion, seconded by Council Member Hernandez,
that said resolution be adopted; and that the transfer of $70,700 from Personnel Services #001-
404-52020, and $100,000 from Gas Tax #126-356-57736 to Other Professional Services #001-
404-54104, be approved.
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The motion carried, and Resolution No. 94-275 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez. Oberhelman, Devlin, Pope-Ludlam,
Miller. Nays: None. Absent: None.
CITY ADMINISTRATOR SHAUNA CLARK EXCUSED
City Administrator Shauna Clark left the Council meeting.
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.
CITY ADMINISTRATOR SHAUNA CLARK RETURNED
At 5:06 p.m., City Administrator Shauna Clark returned to the Council meeting.
ATTORNEY TIM SABO EXCUSED
At 5:06 p.m., Attorney Tim Sabo left the Council meeting.
CAS A RAMONA, INC. - FUNDING REQUEST & WAIVE FEES - $17,330-
MEXICAN INDEPENDENCE DAY CASTILLO CELEBRATION
SEPTEMBER 15, 1994 - SECCOMBE LAKE PARK - CONTINUED FROM
AUGUST 18, 1994 - CONTINUED FROM EARLIER IN THE MEETING -
SEE PAGE 19 (44)
This is the time and place continued from earlier in the meeting to reconsider action taken
relative to a request for funding and a waiver of fees from Casa Ramona, Inc., for the Mexican
Independence Day Castillo to be held September 15, 1994, at Seccombe Lake Park.
Esther Estrada, Casa Ramona, Inc., 1524 West 7th Street, San Bernardino, CA,
expressed concern regarding the political atmosphere that delayed approval of the funding so that
there was not adequate time to plan the Mexican Independence Day festivities held annually by
Casa Ramona, Inc.
Council Member Devlin made a motion, seconded by Council Member Pope-Ludlam,
and unanimously carried, that the matter be tabled.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council meeting.
INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE - FUNDING
REQUEST - $23,586 - 16TH OF SEPTEMBER CELEBRATION -
CONTINUED FROM AUGUST 18, 1994 - CONTINUED FROM EARLIER IN
THE MEETING - SEE PAGE 20 (45)
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9/6/94
This is the time and place continued from earlier in the meeting to consider a funding
request from the Inland Empire Hispanic Chamber of Commerce in the amount of $23,586 for
the 16th of September celebration to be held September 16 through 18, 1994, in Nunez park.
John Olivas, President, Inland Empire Hispanic Chamber of Commerce, P. O. Box 7300,
San Bernardino, CA, expressed concern regarding the political atmosphere that delayed approval
of the funding so that there was not sufficient time to plan the Mexican Independence Day
festivities held annually by the Inland Empire Hispanic Chamber of Commerce.
Council Member Oberhelman made a motion, seconded by Council Member Devlin, and
unanimously carried, that the matter be tabled.
SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED
At 5: 15 p. m., Senior Assistant City Attorney Barlow left the Council meeting and was
replaced by Deputy City Attorney Roth.
COUNCIL MEMBER POPE-LUDLAM RETURNED
At 5:16 p.m., Council Member Pope-Ludlam returned to the Council meeting and took
her place at the council table.
LIBRERIA DEL PUEBLO, INC. - FUNDING REQUEST & WAIVE FEES -
$20,096 - 16TH OF SEPTEMBER FIESTA - SEPTEMBER 16 & 17, 1994 -
DISCUSSED EARLIER IN THE MEETING - SEE PAGE 20 (S-I)
This is the time and placed continued to from earlier in the meeting to consider a funding
request from Libreria del Pueblo, Inc. in the amount of $20,096 for the 16th of September fiesta
to be held September 16 and 17, 1994.
Father Patricio Guillen, Executive Director, Libreria del Pueblo, Inc., 739 North Mount
Vernon Avenue, Suite #100, San Bernardino, CA, requested that the funding and waiver of fees
for the fiesta be approved.
Miss Arvizo, California State University, San Bernardino student, 5500 University
Parkway, San Bernardino, CA, expressed sadness that the Casa Ramona and Inland Empire
Hispanic Chamber of Commerce 16th of September festivals have been canceled; and explained
the activities that the Libreria de Pueblo, Inc., has planned for the event.
Steve Cadillo, Movimiento Estudiantil Chicano de Aztlan, M.E.C.H.A., member and
California State University, San Bernardino student, 5500 University Parkway, San Bernardino,
CA, expressed support for the 16th of September fiesta planned by Libreria del Pueblo, Inc.;
and urged the Mayor and Council to approve the funding and waiver of fees associated with the
event.
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Discussion ensued regarding the political atmosphere which resulted in Casa Ramona,
Inc., and the Inland Empire Hispanic Chamber of Commerce canceling the Mexican
Independence day celebrations; and the activities being planned for the Libreria del Pueblo, Inc.,
celebration.
Sonia Sanchez, California State University, San Bernardino student, 5500 University
Parkway, San Bernardino, CA, explained the events that are being planned for the 16th of
September celebration.
A discussion was held regarding the process community organizations utilize to request
civic and promotional funding from the City.
City Administrator Shauna Clark recommended that a portion of the funding be withheld
to reimburse the City for any damages that may occur.
Esther Estrada, Casa Ramona, Inc., 1524 West 7th Street, San Bernardino, CA,
expressed opposition to the City withholding funds to cover damage expenses, and urged the
Mayor and Council to release all funds to the organization for its celebration.
Gary Kirby, 1505 Yardley, San Bernardino, CA, expressed opposition to the funding
request and waiver of fees associated with the 16th of September celebration due to the
anticipated small attendance at the event.
Council Member Curlin made a motion, seconded by Council Member Hernandez, and
unanimously carried, that $14,000 in civic and promotion funding, and a waiver of fees in the
amount of $6,096 for use of City equipment and personnel for a total amount of $20,096, be
authorized to promote the 16th of September Fiesta in La Plaza Park on September 16 and 17,
1994, by the Libreria del Pueblo, Inc.
RECESS MEETING
At 5:37 p.m., Mayor Minor declared a five-minute recess.
RECONVENE MEETING
At 5:41 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, Attorney Tim Sabo, City Clerk Rachel Clark.
Absent: City Administrator Shauna Clark.
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COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING
At 5:41 p.m., Chairman Minor called the regular meeting of the Community
Development Commission to order in the Council Chambers of City Hall, 300 North nD" Street,
San Bernardino, California.
At this time, the Mayor and Common Council, acting as the Community Development
Commission, took action on Community Development Commission items.
RECESS MEETING - CLOSED SESSION
At 5:54 p.m., the Mayor and Common Council
Commission recessed to closed session for the following:
(R-15 & RS-2)
and Community Development
1. Conference with real property negotiator pursuant to Government Code Section 54956.8:
A.
Property:
Old Great Western Building, 501 North "E" Street, San
Bernardino, California.
Negotiating Parties: Redevelopment Agency; The Royce Company.
Under Negotiation: To provide instructions to Agency staff regarding possible
acquisition of the Old Great Western Building, 501 North
"En Street, San Bernardino, California.
B.
Property:
San Bernardino Convention Center, 295 North "En Street,
San Bernardino, California.
Negotiating Parties: Najib Khoury and Angela Foster.
Under Negotiation: To provide instructions to Agency/City staff regarding
possible transfer of Convention Center lease.
c.
Property:
Harris' Department Store, 300 North nE" Street, San
Bernardino, California.
Negotiating Party: UBS.
Under Negotiation: Provide instruction to Agency staff regarding possible
acquisition of the property.
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9/6/94
CLOSED SESSION
At 5:54 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; Senior Assistant City Attorney Barlow, Attorney Tim Sabo, City Clerk Rachel Clark.
Absent: City Administrator Shauna Clark.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
At 6:27 p.m., Council Member Pope-Ludlam left the closed session.
COUNCIL MEMBER CURLIN EXCUSED
At 6:37 p.m., Council Member Curlin left the closed session.
ADJOURN CLOSED SESSION
At 6:40 p.m., the closed session adjourned to the regular meeting of the Mayor and
Common Council of the City of San Bernardino.
RECONVENE MEETING
At 6:40 p.m. Mayor Minor reconvened the regular meeting of the Mayor and Common
Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor
Minor; Council Members Negrete, Hernandez, Oberhelman, Devlin, Miller; Senior Assistant
City Attorney Barlow, Attorney Tim Sabo, City Clerk Rachel Clark. Absent: Council
Members Curlin, Pope-Ludlam; City Administrator Shauna Clark.
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ADJOURNMENT (50)
At 6:40 p.m., the meeting was adjourned. The next regular meeting will be held at 8:00
a.m., Monday, September 19, 1994, in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
RACHEL CLARK
City Clerk
By
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Linda Hartzel
Deputy City Clerk
By
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Melanie Vale
Deputy City Clerk
No. of Items: 75
No. of Hours: 8
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9/6/94