HomeMy WebLinkAbout07-19-1993 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
REGULAR MEETING
JULY 19, 1993
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 8:02
a.m., Monday, July 19, 1993, in the Council Chambers of City
Hall, 300 North "0" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Hernandez, Miller; City Attorney Penman, City Clerk
Rachel Clark, city Administrator Shauna Clark. Absent: Council
Members Oberhelman, Pope-Ludlam. * Fifth Ward Office Vacant
City Attorney Penman announced that the following additional
case would be discussed in closed session:
~
Julian Maldonado vs. citv of San Bernardino - San Bernardino
Superior Court Case No. 254529.
RECESS MEETING - CLOSED SESSION
At 8: 02 a. m., the Mayor and Common Council and
Development Commission recessed to closed session
following:
(1)
Community
for the
a. to confer with the attorney regarding pending
litigation pursuant to Government Code Section
54956.9(b) (1), as there is significant exposure to
litigation;
b.
based on existing facts
below, the City Council
whether a closed session
California Government Code
and circumstances, set out
is meeting only to decide
is authorized pursuant to
Section 54956.9(b) (2);
c.
to confer with the attorney regarding
litigation pursuant to Government Code
54956.9(c), so that Council/Commission may
whether to initiate litigation;
pending
Section
decide
d. to consider personnel matters pursuant to Government
Code section 54957;
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e. to confer with the Chief of Police on matters posing a
threat to the security of public buildings or a threat
to the pUblic's right of access to public services or
public facilities pursuant to Government Code Section
54957;
f. to give instruction to the city's/commission's
negotiator on the purchase of property pursuant to
Government Code section 54956.8. The real property
which the negotiations concern is generally located at
The identity of each
person with whom negotiations are authorized is:
;
g.
to meet with an applicant for a
applicant's attorney pursuant
section 54956.7;
City license and the
to Government Code
h. to meet with the Chief of Police regarding matters of
public security pursuant to Government Code section
54957;
i. to confer with the attorney regarding pending
litigation which has been initiated formally to which
the City is a party to pursuant to Government Code
section 54956.9(a):
Charles Murphv vs. ci tv of San Bernardino. et al - united
states District Court Case No. 91-732 GLT (RWRx);
Thomas Armendariz vs. James F. Penman. et al - united states
District Court Case No. 91-5757;
Cole vs. Chavez /ci tv of San Bernardino - San Bernardino
Superior Court Case No. 264641;
stubblefield Construction Companv. et al vs. citv of San
Bernardino. et al - San Bernardino Superior Court Case No.
242998; Superior Court Case No. 252058;
Julie Thompson vs. ci tv of San Bernardino. et al - united
States District Court Case No. SA CV92-888 GT (RWRx);
citv of San Bernardino vs. Bussell. et al - San Bernardino
Superior Court Case No. 271568;
Saab vs. ci tv of San Bernardino - San Bernardino Superior
Court Case No. SCV 234561.
CLOSED SESSION
At 8:02 a.m., Mayor Minor called the closed session to order
in the conference room of the Council Chambers of City Hall, 300
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North "0" street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Hernandez, Miller; city Attorney Penman, City Clerk
Rachel Clark, City Administrator Shauna Clark. Absent: Council
Members Oberhelman, Pope-Ludlam. * Fifth Ward Office Vacant
Also present: Senior Assistant city Attorney Morillo, and
Bonnie Greenleaf, Legal Secretary, City Attorney's Office.
READING OF RESOLUTIONS & ORDINANCES
Deputy City Clerk Vale read the titles of all the
resolutions and ordinances on the regular, supplemental, and
Community Development Commission agendas while the Council was in
closed session.
COUNCIL MEMBER
At 8:10 a.m.,
closed session.
POPE-LUDLAM ARRIVED
Council Member pope-Ludlam
arrived at the
COUNCIL MEMBER OBERHELMAN ARRIVED
At 8:11 a.m., Council Member Oberhelman arrived at the
closed session.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
At 8:37 a.m., Council Member Pope-Ludlam left the closed
session.
ADJOURN CLOSED SESSION
At 8:51 a.m., the closed session adjourned to the regular
meeting of the Mayor and Common Council of the City of San
Bernardino in the Council Chambers of city Hall, 300 North "0"
Street, San Bernardino, California.
RECONVENE MEETING
At 8:59 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 "0" Street, San
Bernardino, California.
ROLL CALL
Roll call was taken by city Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller; City Attorney
Penman, city Clerk Rachel Clark, city Administrator Shauna Clark.
Absent: None. * Fifth Ward Office Vacant
INVOCATION
The invocation
Bernardino Church of
was given by Shelby
Religious Science.
Carson
Craig,
San
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PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member
Oberhelman.
ANNOUNCEMENT - COUNCIL MEMBER CURLIN (2)
Council Member Curlin requested that the Chief of Police
review security measures at all City facilities.
ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ (2-A)
Council Member Hernandez
clothing to assist residents
flooding.
requested donations of food and
of the Midwest affected by the
PRESENTATION - EMPLOYEE RECOGNITION AWARDS
(4)
J. Lorraine Velarde, Executive Assistant to the
the following names of employees receiving employee
awards for the First Quarter of 1993:
Mayor, read
recognition
Sandra Medina
Dick Rice
Anthony Green
none
Management/Confidential Employee Category
Safety Employee Category
General Employee category
Mid-Management Employee Category
COMMENDATION - AMIDAH HASAN
( 4-A)
Ernest Wilson, Affirmative Action Officer, Mayor's
read a commendation to Amidah Hasan in recognition
courageous rescue of two women from a burning structure
13, 1993.
Office,
of her
on June
Mayor Minor; Frank Stallworth, Field Representative for
Senator Ayala; captain Drury, San Bernardino Fire Department; and
Mr. Clapton from the NAACP presented the commendation to Ms.
Hasan.
Amidah Hasan was present to accept the commendation.
PRESENTATION SAN BERNARDINO & MEXICALI
CITIES - STUDENT EXCHANGE PROGRAM
SISTER
(4-8)
Thelma Press, Executive Director, Cultural and International
Affairs, Mayor's Office, stated that San Bernardino, California
and Mexicali, Mexico have been sister cities since 1963.
Through the efforts of California State University, San
Bernardino and the Universidad Autonoma de Baja California, an
exchange program was created supported by a grant that sister
cities International received from the Kellogg Foundation.
The San Bernardino sister cities Committee created an
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exchange program involving six students from each university.
Nancy Sedlak, Co-Chair, with Ralph Monge, explained that the
theme for the exchange program is: business, and how it is
conducted south of the border.
The following Universidad Autonoma de Baja California
Kellogg Scholars received Honorary Citizenship certificates, and
City pins: Roberto Vinaja, Gustavo Pons Monreal, Alda Graciela
Olivas, Ramon Leonardo Flores, Claudia Yadria Martinez, and Lic.
Daniel Olivas Beltran, Professor, Universidad Autonoma de Baja
California.
The following California State University, San Bernardino
students received Ambassador of Goodwill Certificates, and City
pins: Troy Blythe, Marcelo Cabral, Timothy Fisher, Denise Jaime,
Jeanne McCabe, Scott Orland, and Ernesto Reza, Ph.D., Professor,
California State University, San Bernardino.
Nancy Sedlak thanked the following San Bernardino host
families for participation and support of the students: Leno and
Elisa Diaz, Steve and Linda Fisher, and Ariel and Felipa Telles.
COMMENDATION - ELKS LODGE #896 - ELKS CONVENTION (4-C)
,-
Phil Arvizo, Executive Assistant to the council,
commendation to Mr. Alonza Thompson, Exalted Ruler
Arrowhead Elks Lodge #896, for recognition of dedicated
to the community by bringing the Elks convention
Bernardino.
read a
of the
service
to San
Mr. Thompson was present to accept the commendation.
SERVICE PIN AWARD CEREMONY
(4-D)
J. Lorraine Velarde, Executive Assistant to the Mayor, read
the names of employees receiving service pin awards.
Each employee received a service pin from Mayor Minor in
gratitude of his/her many years of dedicated service to the City.
PUBLIC COMMENTS - BRIAN PLANT
(3)
Brian Plant, a resident of San Bernardino, CA, spoke in
opposition to the City prohibiting individuals from scavenging
through refuse containers for recyclable items.
PUBLIC COMMENTS - JEFF WRIGHT
(3-A)
Jeff Wright, P.O. Box 2341, San Bernardino, CA, expressed
opposition to the proposed demolition of the Platt Building.
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APPOINTMENTS - COUNCIL MEMBERS OBERHELMAN & MILLER
(S-3)
In memoranda dated July 15,
Council Members Oberhelman and
following appointments be approved:
1993, Mayor Minor stated that
Miller, requested that the
COUNCIL MEMBER OBERHELMAN - FOURTH WARD
Central City Parking Place Commission - Ray Fox
Community Television commission - Stephani congdon
Main Street Advisory Board - Rene Affaitati
COUNCIL MEMBER MILLER - SEVENTH WARD
Senior Affairs Commission - Dave Light
council Member Oberhelman made a motion, seconded by
Council Member Hernandez, and unanimously carried, that the
appointments of Ray Fox to the Central City Parking Place
Commission; Stephani Congdon to the Community Television
Commission; Rene Affaitati to the Main Street Advisory Board; and
Dave Light to the Senior Affairs Commission, be approved.
WAIVE FURTHER READING OF ALL RESOLUTIONS & ORDINANCES (5)
~
Council Member Oberhelman made a motion, seconded by Council
Member Miller, and unanimously carried, that further reading of
all resolutions and ordinances on the regular, 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 meeting of the Mayor and Common Council of the City of
San Bernardino be approved as submitted in typewritten form:
April 19, 1993.
CLAIMS AND PAYROLL
(10)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, and unanimously carried, that the claims and
payroll, and the authorization to issue warrants as listed on the
memorandum dated July 9, 1993 from the Director of Finance, be
approved.
PERSONNEL ACTIONS
(11)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, and unanimously carried, that the personnel
actions submitted by the Chief Examiner, dated July 13, 1993 in
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..-....
accordance
adopted by
Bernardino,
with civil Service Rules and Personnel Policies
the Mayor and Common Council of the city of San
be approved and ratified.
JOINT POWERS FINANCING AUTHORITY - REGULAR MEETING (12)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, and unanimously carried, that the regular meeting
of the Joint Powers Financing Authority be adjourned to August
16, 1993.
RES. 93-243 - RESOLUTION OF THE CITY OF SAN BERNARDINO
RELATING TO THE GRANT OF AN ENCROACHMENT LICENSE
AGREEMENT FOR A FEDERAL EXPRESS DROP BOX AT THIRD AND
"0" STREETS IN SAN BERNARDINO. (13)
RES. 93-244 - A RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO GRANTING AN
EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY TO
CONSTRUCT AND MAINTAIN ELECTRIC SERVICE AT THE WATER
DEPARTMENT'S WATER RECLAMATION PLANT ADMINISTRATION
OFFICE AND LABORATORY. (28)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that said resolutions be adopted.
Resolution Nos. 93-243, and 93-244 were adopted
following vote: Ayes: Council Members Negrete,
Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays:
Absent: None. * Fifth Ward Office Vacant
by the
Curlin,
None.
ORD. MC-882 - ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING CHAPTER 15.16 OF THE SAN BERNARDINO MUNICIPAL
CODE, AND ADOPTING THE UNIFORM FIRE CODE (1991 EDITION)
TOGETHER WITH CALIFORNIA CODE OF REGULATIONS, TITLE 24,
PART 9, AND APPENDICES I-A, I-B, I-C, II-A, II-B, II-D,
II-E, II-F, III-A, III-C, III-D, IV-A, IV-B, V-A, VI-A,
VI-B, VI-C, VI-D, VI-E, VI-F INCLUSIVE, AND THE UNIFORM
FIRE CODE STANDARD (1991 EDITION). Final (29)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that said ordinance be adopted.
Ordinance MC-882 was
Council Members Negrete,
Ludlam, Miller. Nays:
Office Vacant
adopted
Curlin,
None.
by the following vote: Ayes:
Hernandez, Oberhelman, Pope-
Absent: None. * Fifth Ward
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-,
TIPPECANOE AVENUE WIDENING REDLANDS BOULEVARD TO
LAURELWOOD AVENUE INTERCONNECT TRAFFIC SIGNALS-
ADOPT NEGATIVE DECLARATION & FINDING OF CONSISTENCY
WITH CIRCULATION ELEMENT OF GENERAL PLAN (7)
In a memorandum dated July 6, 1993, Roger Hardgrave,
Director of Public Works/City Engineer, stated that the
Environmental Review Committee (ERC) , at its meeting of May 27,
1993, recommended adoption of the negative declaration for Public
Works Project No. 93-02. A twenty-one day public review period
was afforded, and no comments were received.
Council Member Hernandez made a motion, seconded by Council
Member Pope-Ludlam, and unanimously carried, that the negative
declaration for Public Works Project No. 93-02, widening of
Tippecanoe Avenue, from Redlands Boulevard to Laurelwood Avenue
and interconnection of traffic signals, be adopted; and that a
finding be made that the widening of Tippecanoe Avenue from
Redlands Boulevard to Laurelwood Avenue and interconnection of
traffic signals, is consistent with the circulation element of
the General Plan.
MERRI-MIXERS - PARKS, RECREATION & COMMUNITY SERVICES
DEPARTMENT - AUTHORIZATION TO INCLUDE PROGRAM (8)
~
In a memorandum dated June 28, 1993, Annie Ramos, Director
of Parks, Recreation and Community Services, stated that the
Merri-Mixers has been in existence for approximately twenty-eight
years. The purpose of the program is to provide social,
recreational and living skills activities. Merri-Mixers offers
social recreation programs for adults with developmental
disabilities by developing creativity, self-esteem, independence,
and a sense of well-being. Program activities include crafts,
cooking activities and community outings.
The program was previously funded by the County of San
Bernardino, and partially through fees for the program. county
funds were eliminated during the past year. Merri-Mixers has
proposed that the city sponsor the program. The projected cost
to the city is zero for the first fiscal year, $2,500 for the
second fiscal year, and $6,850 annually starting in the third
fiscal year. Ongoing fees generated through the program are
approximately $3,400 annually.
Shauna Clark, City Administrator, explained that Parks,
Recreation, and Community Services would fund Merri-Mixers by
reallocating a portion of its existing departmental budget.
Council Member Hernandez made a motion, seconded by Council
Member Negrete, that the Merri-Mixers be included as a Parks,
Recreation and Community Services Department Program.
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7/19/93
~ The motion carried by the following vote: Ayes: Council
Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam.
Nays: Council Member Miller. Absent: None. * Fifth Ward
Office Vacant
ENHANCE SECURITY CITY-OWNED FACILITIES REQUEST
POLICE CHIEF TO PREPARE REPORT TO INCLUDE COSTS (9)
In a memorandum dated July 8, 1993, Council Member Curlin
requested that the Chief of Police investigate and review
security measures at city-owned facilities, and provide the Mayor
and Council with a report detailing what preventative steps, and
any associated costs, could be taken to enhance security of City-
owned facilities.
City Administrator Clark explained that the report would
include only City-owned facilities.
Council Member Miller made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the Chief of
Police investigate and provide a written report, with budgetary
requirements, to the Mayor and Council containing the steps that
can be taken to enhance security measures currently in place for
all City-owned facilities, including City Hall.
RES. 93-245 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING AN AGREEMENT WITH CALIFORNIA STATE
UNIVERSITY, SAN BERNARDINO, FOR A STUDENT INTERN
PROGRAM AND REPEALING RESOLUTION 87-303. (14)
Council Member Miller made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Resolution No. 93-245 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Pope-Ludlam, Miller. Nays: None. Absent: None. * Fifth Ward
Office Vacant
RES. 93-246 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO
AGREEMENT WITH THE COUNTY OF SAN BERNARDINO
ENVIRONMENTAL HEALTH SERVICES RELATING TO THE
REIMBURSEMENT OF TIPPING FEES FOR THE CITY OF SAN
BERNARDINO FOR FY 1992/93. (15)
Council Member Oberhelman made a motion, seconded by Council
Member Pope-Ludlam, that said resolution be adopted.
Resolution No. 93-246 was adopted by the fOllowing vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Pope-Ludlam, Miller. Nays: None. Absent: None. * Fifth Ward
Office Vacant
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7/19/93
RES. 93-247 - 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. (16)
Council Member Miller made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Resolution No. 93-247 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Pope-Ludlam, Miller. Nays: None. Absent: None. * Fifth Ward
Office Vacant
RES. 93-248 - 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. (17)
Jeff Wright, P.O. Box 2341, San Bernardino, CA, stated that
these assessments were unconstitutional, and violated search and
seizure laws.
Council Member Miller made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Resolution No. 93-248 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Pope-Ludlam, Miller. Nays: None. Absent: None. * Fifth Ward
Office Vacant
RES. 93-249 A RESOLUTION OF THE CITY OF SAN
BERNARDINO, ESTABLISHING THE APPROPRIATION LIMIT FOR
THE FISCAL YEAR 1992/93 FOR THE CITY OF SAN BERNARDINO
IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF
TITLE 1 OF THE CALIFORNIA CODE, AND REPEALING
RESOLUTION NO. 91-429. (18)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that said resolution be adopted.
Resolution No. 93-249 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Pope-Ludlam, Miller. Nays: None. Absent: None. * Fifth Ward
Office Vacant
RES. 93-250 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A THIRD AMENDMENT TO THE
AGREEMENT WITH CONSULTANT, RUTH PARISH, OF TECKNOWLEDGE
GROUP, INC. TO PERFORM CONSULTING SERVICES FOR THE
MANAGEMENT INFORMATION SERVICES DEPARTMENT. (19)
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7/19/93
council Member Miller made a motion, seconded by Council
Member Negrete, that said resolution be adopted.
Resolution No. 93-250 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Pope-Ludlam, Miller. Nays: None. Absent: None. * Fifth Ward
Office Vacant
RES. 93-251 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
DEPARTMENT OF TRANSPORTATION RELATING TO MAINTENANCE OF
STATE HIGHWAYS IN THE CITY OF SAN BERNARDINO, REVISION
NO. 1. (20)
Council Member Miller made a motion, seconded by Council
Member Oberhelman, that said resolution be adopted.
Resolution No. 93-251 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Pope-Ludlam, Miller. Nays: None. Absent: None. * Fifth Ward
Office Vacant
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF AN AGREEMENT BY AND BETWEEN EMCON
ASSOCIATES AND THE PUBLIC SERVICES DEPARTMENT OF THE
CITY OF SAN BERNARDINO. (21)
Council Member Pope-Ludlam made a
Council Member Miller, and unanimously
resolution be tabled.
motion, seconded by
carried, that said
RES. 93-252 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR
PROFESSIONAL SERVICES WITH MOHLE, GROVER & ASSOCIATES,
INC., RELATING TO PREPARATION OF A TIME - SPACE DIAGRAM
FOR TRAFFIC SIGNALS IN THE CENTRAL BUSINESS DISTRICT.
(22)
Jeff Wright, P.O.
that pedestrian push
eliminated in order to
Box 2341, San BernaFdino, CA,
button devices on traffic
save money.
recommended
signals be
Council Member Miller made a motion, seconded by Council
Member Negrete, that said resolution be adopted.
Resolution No. 93-252 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Pope-Ludlam, Miller. Nays: None. Absent: None. * Fifth Ward
Office Vacant
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RES. 93-253 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER TO ED BUTTS FORD FOR THE
FURNISHING AND DELIVERY OF TWENTY-THREE (23) 1993 FORD
CROWN VICTORIA INTERCEPTOR POLICE VEHICLES, TO BE
UTILIZED BY THE POLICE DEPARTMENT IN ACCORDANCE WITH
BID SPECIFICATION F-93-19. (23)
Council Member Miller made a motion, seconded by Council
Member Pope-Ludlam, that said resolution be adopted.
Resolution No. 93-253 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Pope-Ludlam, Miller. Nays: None. Absent: None. * Fifth Ward
Office Vacant
RES. 93-254 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A SCHEDULE 2 ADDENDUM TO LEASE PURCHASE
AGREEMENT NUMBER 33915 TO FORD MOTOR CREDIT COMPANY FOR
THE FINANCING OF TWENTY-THREE (23) 1993 FORD CROWN
VICTORIA INTERCEPTOR POLICE VEHICLES, TO BE UTILIZED BY
THE POLICE DEPARTMENT IN ACCORDANCE WITH BID
SPECIFICATION F-93-19. (24)
Council Member Miller made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Resolution No. 93-254 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Pope-LUdlam, Miller. Nays: None. Absent: None. * Fifth Ward
Office Vacant
RES. 93-255 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER TO MENTONE TURF FOR THE
FURNISHING AND DELIVERY OF ANNUAL MAINTENANCE SERVICE
FOR SECCOMBE LAKE, TO BE UTILIZED BY THE PARKS,
RECREATION AND COMMUNITY SERVICES DEPARTMENT IN
ACCORDANCE WITH BID SPECIFICATION F-94-02. (25)
Council Member Miller made a motion, seconded by Council
Member Negrete, that said resolution be adopted. (Note: There
was no vote taken at this time.)
Shauna Clark, city Administrator, requested that the matter
be referred to the city Attorney for the preparation of a
contract that would include specific performance goals.
A discussion was held regardi.ng the specific performance
goals that would be required of the contractor.
Council Member Hernandez made a substitute motion, seconded
by Council Member Curlin, that said resolution be adopted to
approve funding for one month; that the amount be prorated in
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7/19/93
the new contract; that the City Attorney be directed to prepare a
contract; and that the matter be brought back to the Mayor and
Council on August 2, 1993, in the Council Chambers of City Hall,
300 North "0" street, San Bernardino, California.
The motion carried, and Resolution No. 93-255 was adopted by
the following vote: Ayes: Council Members Negrete, Curlin,
Hernandez, Oberhelman, Pope-LUdlam, Miller. Nays: None.
Absent: None. * Fifth Ward Office Vacant
RES. 93-256 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER TO THREE-WAY CHEVROLET FOR
THE FURNISHING AND DELIVERY OF TWO (2) EACH, NATURAL
GAS PICK-UP TRUCKS, TO BE UTILIZED BY THE PUBLIC
SERVICES/REFUSE DEPARTMENT IN ACCORDANCE WITH BID
SPECIFICATION F-93-18. (26)
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, that said resolution be adopted.
Resolution No. 93-256 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Pope-Ludlam, Miller. Nays: None. Absent: None. * Fifth Ward
Office Vacant
RES. 93-257 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER TO GOLDEN WEST LANDSCAPE
CONTRACTOR FOR THE FURNISHING AND DELIVERY OF LANDSCAPE
MAINTENANCE CONTRACT FOR SEVENTEEN (17) LOCATIONS, TO
BE UTILIZED BY THE PARKS, RECREATION AND COMMUNITY
SERVICES DEPARTMENT IN ACCORDANCE WITH BID
SPECIFICATION F-94-01. (27)
Council Member Oberhelman made a motion, seconded by
Member Miller, that said resolution be adopted. (Note:
was no vote taken at this time.)
council
There
City Administrator Clark requested that the matter be
referred to the City Attorney for the preparation of a contract
that would include specific performance goals.
Council Member Oberhelman made a substitute motion, seconded
by Council Member Miller, that said resolution be adopted to
approve funding for one month; that the amount be prorated in
the new contract; that the City Attorney be directed to prepare a
contract; and that the matter be brought back to the Mayor and
Council on August 2, 1993, in the Council Chambers of city Hall,
300 North "0" Street, San Bernardino, California.
The motion carried, and Resolution No. 93-257 was adopted by
the following vote: Ayes: Council Members Negrete, Curlin,
Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None.
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7/19/93
Absent: None. * Fifth Ward Office Vacant
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTION 8.30.140 AND SECTION 15.28.020 OF THE SAN
BERNARDINO MUNICIPAL CODE RELATING TO PROCEDURES FOR
THE ABATEMENT OF PROPERTY NUISANCES. (Continued from
July 6, 1993) Final (30)
In a memorandum dated July 16, 1993, Rachel Clark, city
Clerk, stated that on July 6, 1993 the Mayor and council
continued the ordinance to July 19, 1993; therefore, the
appropriate motion should be as follows: that further reading of
the ordinance be waived; that said ordinance be laid over for
final adoption; and that a public hearing be held on August 2,
1993.
Council Member Hernandez made a motion, seconded by Council
Member Miller, and unanimously carried, that said ordinance be
referred to the Legislative Review Committee.
PUBLIC HEARING PROPOSED
EMERGENCY TRANSPORT SERVICES
MEETING - SEE PAGES 16 & 18
CITY FIRE DEPARTMENT-
- DISCUSSED LATER IN THE
(33)
This is the time and place set for a public hearing to
consider establishing a City Fire Department emergency transport
service.
In a memorandum dated July 7, 1993, Peggy Ducey, Assistant
to the City Administrator, stated that in June, 1990, the City
implemented a paramedic membership program which authorized a fee
to be charged for paramedic services. The City contracted with
Courtesy Ambulance to provide billing and collection services.
In August 1991, citizens began complaining about being "double
billed" for paramedic service on medical aid calls. Staff
investigated the complaints, and found that both City Fire and
courtesy Ambulance were charging for paramedic services, and that
Courtesy Ambulance was charging a paramedic fee in cases where
only city Fire paramedics treated the patient.
The City held a number of meetings with Courtesy Ambulance,
the County Health Care Agency, and Inland Counties Emergency
Medical Agency (ICEMA), to work out a solution to this "double
billing" issue. The position of both the county and Courtesy was
that the County controlled pre-hospital care and Courtesy was
authorized under County regulations to staff and bill for
paramedic level services on medical aid calls within San
Bernardino. After the last meeting was held the County and ICEMA
filed suit against the city for declaratory relief regarding
authority over pre-hospital care, and courtesy joined the lawsuit
against the city. Once the lawsuit was filed, the city ended
negotiations regarding double billing.
14
7/19/93
The suit took over one year to work its way through the
judicial system. During that time, staff began to explore other
ways to provide emergency medical services. It became apparent
that the current operational configuration was a duplication of
services and citizens were paying higher costs because of this
duplication. staff began to explore the costs and benefits of a
municipal transport service. On March 29, 1993 a final
judgement was issued, and is currently on appeal. The judgment
provided that the City retain control over the administration of
pre-hospital emergency medical services and the County has
authority over medical control. In addressing the issue of
ambulance transport, the judgment authorized the city to provide
ambulance transport.
Although the final judgment has been released, the issue of
double billing of paramedic services is yet to be resolved.
Because of these unresolved issues, the Mayor and Council
requested that staff develop an implementation plan for City
operated emergency medical transport. After reviewing a number
of operational modes, staff recommends a service delivery model
that would increase and upgrade the City's medical aid and fire
response coverage, use state-of-the-art equipment, and generate
sufficient revenue to fully support the emergency medical
response program.
Mayor Minor opened the hearing.
Peggy Ducey, Assistant to the City Administrator, explained
the staff requirements, equipment requirements, and benefits of
the proposed City emergency medical transport service. She
stated that the proposed program would increase service, and
lower costs to residents who utilize the service. She explained
that the proposed plan would increase Fire safety coverage in the
City. She stated that the private ambulance company would serve
as back-up in the event of a major medical emergency when all
fire department ambulances are in use. She stated that revenues
from the emergency transport service would completely offset the
cost of the operation of the program.
Ms. Ducey answered questions regarding the proposed
emergency medical transport service.
Jeff Katie, Emergency Care Information Center, P.O. Box
2789, Carlsbad, CA, answered questions regarding the proposed
emergency transport service.
Discussion continued regarding the personnel and equipment
necessary for the proposed City emergency transport service.
Council Member Hernandez made a motion, that item thirty-
seven, to discuss and take possible action on the transfer of the
paramedic program to private enterprise, be taken before item
15
7/19/93
thirty-three, a public hearing to discuss the proposed City Fire
Department Emergency Transport service.
The motion failed for lack of a second.
City Attorney Penman answered questions regarding the legal
issues involved in the City proposing to enter the emergency
transport service.
Ms. Ducey explained that the proposed emergency transport
service would generate revenue for the City's general fund.
A discussion was held regarding the proposed emergency
medical transport service.
Jim Page, President, Emergency Care Information Center, P.O.
Box 2789, Carlsbad, CA, explained that the City could operate an
emergency medical transport more efficiently and less expensively
than a private business; and answered questions regarding the
proposed operational plan.
Discussion ensued regarding
methods, and the proposed emergency
plan.
emergency dispatch training
medical transport operational
RECESS MEETING
At 11:05 a.m., Mayor Minor declared a five-minute recess.
RECONVENE MEETING
At 11:14 a.m., the regular meeting of the Mayor and Common
Council reconvened in the Council Chambers of City Hall, 300
North "0" street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller; City Clerk
Rachel Clark, city Administrator Shauna Clark. Absent: City
Attorney Penman. * Fifth Ward Office Vacant
PUBLIC HEARING
EMERGENCY TRANSPORT
LATER IN THE MEETING
PROPOSED CITY FIRE
SERVICES DISCUSSED
- SEE PAGES l4 & l8
DEPARTMENT-
EARLIER &
(33)
This is the time and place continued to for a public hearing
to consider establiShing a City Fire Department emergency
transport service.
steve Rice, Chief Executive Officer and President, Courtesy
Ambulance, 338 W. 7th Street, San Bernardino, CA, expressed
opposi tion to the City's proposed emergency medical transport
service because he felt that the program could not financially
16
7/19/93
support itself, and would be a drain on the city's general fund.
Mr. Rice felt that the City emergency medical transport
plan does not provide enough ambulances to meet peak demand due
to the competing dual roles of many of its employees to be both
fire suppression employees and medical aid employees. He felt
that the city would be required to increase the number of Fire
Department employees, in the classified Charter section 186
category, to meet the staffing needs of the transport service.
A discussion was held regarding the personnel costs of a
city Firefighter/Paramedic versus a Courtesy Ambulance Paramedic,
and the training that is required for each position.
steve Rice expressed concern that the City would have to
increase taxes to offset the increased personnel costs to support
the proposed emergency medical transport service.
Shauna Clark, City Administrator, explained that the issue
of double billing arouse because the city and Courtesy are both
sending paramedics on medical aid calls, and Courtesy charges the
patient for paramedic service even when it does not provide the
patient's care.
Mr. Rice requested that the Mayor and Council deny the
City's request to establish an emergency transport service.
Discussion was held regarding the proposed operational plan.
Council Member Curlin made a motion, seconded by
Member Hernandez, that the meeting be recessed for lunch.
There was no vote taken at this time.)
council
(Note:
Council Members Curlin and Hernandez withdrew their motions.
Harry Gershon, 333 South Hope, street, Los Angeles, CA,
representing Courtesy Ambulance, advised the city not to proceed
with its plan to establish an emergency medical transport service
because in a case similar to this issue, the San Bernardino
Superior Court ruled that another City attempting to enter the
ambulance service could not until all lawsuits relating to the
proposed ambulance service were resolved.
CITY ATTORNEY PENMAN RETURNED
At 12:05 p.m., City Attorney Penman returned to the Council
meeting.
City Administrator Clark requested that the item be
continued so that the city could respond to Mr. Rice's concerns
in writing.
17
7/19/93
RECESS MEETING
At 12:08 p.m., Council Member Curlin made a motion, seconded
by Council Member Oberhelman, that the meeting be recessed until
1:00 p.m., in the Council Chambers of City Hall, 300 North "0"
Street, San Bernardino, California.
The motion carried by the following vote: Ayes: Council
Members Negrete, Curlin, Oberhelman, Pope-Ludlam, Miller. Nays:
Council Member Hernandez. Absent: None. * Fifth Ward Office
Vacant
RECONVENE MEETING
At 1:05 p.m., the regular meeting of the Mayor and Common
Council reconvened in the Council Chambers of city Hall, 300
North "0" street, San Bernardino, California.
ROLL CALL
Roll call was taken by city Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Oberhelman, Pope-Ludlam, Miller; City Attorney Penman,
city Clerk Rachel Clark, City Administrator Shauna Clark.
Absent: Council Member Hernandez. * Fifth Ward Office Vacant
PUBLIC HEARING PROPOSED
EMERGENCY TRANSPORT SERVICES -
MEETING - SEE PAGES l4 & 16
CITY FIRE DEPARTMENT-
DISCUSSED EARLIER IN THE
(33)
This is the time and place
to consider establishing a
transport service.
continued to for a public hearing
City Fire Department emergency
Jean Stephens, Fleming, Reiss and Company,
Hospitality Lane, San Bernardino, CA, Certified
Accountants for Courtesy Ambulance, expressed opposition
City operating an emergency transport service.
164 W.
Public
to the
Mike Welsch, Chief of Administration, County of San
Bernardino Health Department, 385 N. Arrowhead Avenue, San
Bernardino, CA, voiced opposition to the City operating an
emergency transport service.
Tom RUbio, City of San Bernardino
Bernardino, CA, spoke in support of the
emergency transport service.
Fire Department, San
city establishing an
Diana McCafferty, 2795 Mirada Road, San Bernardino, CA,
spoke in opposition to the City operating an emergency transport
service.
Deborah Leonard, 480 W. Magnolia Avenue, San Bernardino, CA,
voiced support for the city establishing an emergency transport
service.
18
7/19/93
Mark Cantrell, 570 W. 4th Street, San Bernardino, CA, spoke
in opposition to the city establiShing an emergency transport
service.
Karl Kolodzik, President, San Bernardino/Rialto
Firefighters union #891, 371 W. 14th street, San Bernardino, CA,
spoke in support of the City establiShing an emergency transport
service.
willie Clark, First Vice President, National Association for
the Advancement of Colored People, 1597 N. Mt. Vernon Avenue, San
Bernardino, CA, expressed concern that any change in the
ambulance system would negatively effect response time to the
residents of the west side of San Bernardino.
Sylvia Martinez, Registered Nurse, expressed hope that both
the City and Courtesy Ambulance could operate successful
emergency medical transport services in the City.
Dana
support of
service.
Austin, 11112 Cherrycroft, Yucaipa, CA, spoke in
the City establiShing an emergency medical transport
Linda
opposition
service.
Grudz, P.O. Box 987, Lake Arrowhead, CA, spoke in
to the city operating an emergency medical transport
John
Cathedral
emergency
Stevens, International Association of FireFighters,
City, CA, voiced support for the City establishing an
medical transport service.
Rev. R.
Church, San
operating an
L. McDonald, Pastor, Little Zion Missionary Baptist
Bernardino, CA, voiced opposition to the city
emergency medical transport service.
Vern DeVore, 2945 W. Irvington, San Bernardino, CA, spoke in
support of the City operating an emergency medical transport
service.
Kathy
opposition
service.
Crow, 1135 E. Cornell, Redlands, CA, spoke in
to the City operating an emergency medical transport
Allen Simpson, Secretary/Treasurer, San Bernardino/Rialto
Firefighters union #891, 371 W. 14th Street, San Bernardino, CA,
spoke in support of the city establishing an emergency medical
transport service.
COUNCIL MEMBER
At 1:42 p.m.,
Council meeting and
HERNANDEZ RETURNED
Council Member Hernandez returned
took his place at the council table.
to
the
19
7/19/93
Pat
support
service.
Maynor,
of the
780
City
campus Way, San Bernardino, CA,
operating an emergency medical
spoke in
transport
Greg Gibson, Balboa Ambulance
street, San Diego, CA, spoke in support
emergency medical transport service.
Service, 6340 Riverdale
of the city operating an
Henry Vasquez,
in opposition to
transport service.
239 W. 27th street, San Bernardino, CA, spoke
the City operating an emergency medical
Richard Lewis, 5328 Park Lane,
support for the City establishing an
service.
San Bernardino, CA, voiced
emergency medical transport
Jerry Harper, 192 W. Walnut, Rialto, CA, spoke in opposition
to the city operating an emergency medical transport service.
CITY ATTORNEY PENMAN EXCUSED
At 1:57 p.m., City Attorney Penman left the Council meeting
and was replaced by Deputy City Attorney Roth.
Vivian Kordyak,
stated support for
transport service.
591
the
W. 25th street,
City operating
San Bernardino, CA,
an emergency medical
Jeff wright, P.O. Box 2341,
support for the City operating an
service.
San Bernardino, CA, voiced
emergency medical transport
Dan Word, 5565 N. PerShing, San Bernardino, CA, voiced
opposition to the City operating an emergency medical transport
service.
Eric Esquivel, 5051 Acacia,
support for the city establishing
service.
San Bernardino, CA, expressed
an emergency medical transport
Shirley Sedillo, 690
expressed opposition to the
transport service.
S. Mt. View, San Bernardino, CA,
ci ty operating an emergency medical
Danny Sedillo,
expressed opposition
transport service.
690 S. Mt. View, San Bernardino, CA,
to the City operating an emergency medical
Joel Stangelar, 994 Hygeia Avenue, Encinitas, CA,
support of the city operating an emergency medical
service.
spoke in
transport
20
7/19/93
Peter Hubbard, Goodhew Ambulance,
Colton, CA, expressed opposition to
emergency medical transport service.
1044
the
E.
city
La Cadena Dr.,
operating an
CITY ATTORNEY
At 2:16 p.m.,
meeting.
PENMAN RETURNED
City Attorney Penman returned to the Council
Chief Wright, Fire Department, San Bernardino, CA,
his support for the City establishing an emergency
transport service.
voiced
medical
City Clerk Rachel Clark was presented with a petition
containing sixty-seven names of residents who have telephoned the
Council Office to express support for the City establishing an
emergency medical transport service.
city Clerk Clark was presented with a petition containing
sixty-six signatures from residents of st. Bernardine Plaza, 550
W. 5th street, San Bernardino, CA, expressing support for the
City operating an emergency medical transport service.
ci ty Clerk Rachel Clark was presented with two speakers'
request forms from individuals who wished to speak in support of
the city establishing an emergency medical transport service;
however, these individuals did not speak during the hearing.
Council Member Hernandez made a motion, seconded by Council
Member Curlin, that the public hearing be closed. (Note: The
vote was taken after the discussion.)
Shauna Clark, City Administrator, requested that the matter
be continued to allow staff the opportunity to respond to Mr.
Rice's comments in writing.
A discussion was held regarding whether or not to allow
further public comments on the matter.
City Attorney Penman stated that as the matter may result
in litigation, any rebuttals should be done in writing; however,
recommended that brief oral rebuttals be permitted at this time.
Peggy
that the
revenue to
Ducey, Assistant to the City Administrator, stated
proposed operations plan would generate sufficient
offset the cost of the program.
Mr. Rice answered questions regarding the City's proposal to
establish an emergency transport service; and recommended that
all parties meet to resolve their differences.
-
Council Member Hernandez made a motion, seconded by Council
Member curlin, and unanimously carried, that the public hearing
21
7/19/93
be closed.
council Member Hernandez made a motion, seconded by Council
Member Curlin, that the matter be continued to August 2, 1993, in
the Council Chambers of city Hall, 300 North "0" street, San
Bernardino, California, to allow the city Administrator to
prepare a written rebuttal; and that staff be directed to meet
with Courtesy Ambulance to develop a solution.
The motion carried by the following vote: Ayes: Council
Members Negrete, curlin, Hernandez, Oberhelman. Nays: Council
Members Pope-Ludlam, Miller. Absent: None. * Fifth Ward Office
Vacant
RECESS MEETING
At 2:46 p.m., Mayor Minor declared a five-minute recess.
RECONVENE MEETING
At 2: 54 p.m., the regular meeting of the Mayor and Common
Council reconvened in the Council Chambers of City Hall, 300
North "0" street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Hernandez, Oberhelman, Pope-Ludlam; city Attorney Penman,
ci ty Clerk Rachel Clark. Absent: Council Member Miller; City
Administrator Shauna Clark. * Fifth Ward Office Vacant
APPEAL - DENIAL - CONDITIONAL USE PERMIT NO. 93-01-
OFF-SITE SALE OF LIQUOR 484 SOUTH RANCHO AVENUE-
CONTINUED FROM JULY 6, 1993 (39)
This is the time and place continued to for an appeal of the
Planning commission's denial of Conditional Use Permit No. 93-01.
Mayor Minor opened the hearing.
Council Member Hernandez made a motion, seconded by Council
Member Negrete, and unanimously carried, that the appeal of the
Planning commission's denial of Conditional Use Permit No. 93-01,
be continued to August 2, 1993, in the Council Chambers of City
Hall, 300 North "0" Street, San Bernardino, California.
COUNCIL MEMBER MILLER RETURNED
At 2:55 p.m., Council Member Miller returned to the Council
meeting and took her place at the council table.
APPEAL - DENIAL - VARIANCE NO. 93-02 - CONSTRUCT MULTI-
TENANT SIGN - 1575 EAST HIGHLAND AVENUE (40)
This is the time and place set for a public hearing to
22
7/19/93
consider an appeal of the Planning Commission's denial of
Variance No. 93-02 to construct a center identification pylon
sign with 120 square feet of sign area per face and the identity
of up to eleven tenants located at 1575 E. Highland, in the CG-1,
Commercial General land use district.
In a memorandum dated July 8, 1993, Al Boughey, Director of
Planning and Building Services, stated that presently there is no
multi-tenant signage on the property, although the site is
permitted one twenty-foot tall monument sign per street frontage
with 75 square feet of sign area per face, and the identity of up
to three major tenants. The applicant cites the numerous
nonconforming signs in the Highland/Del Rosa/Sterling area, with
identification of up to eighteen tenants, as justification for
this variance request. staff maintains that the effectiveness of
a sign to communicate information diminishes as the amount of
text increases; hence the applicant's request may be self-
defeating.
The shopping center was constructed in 1980, and the owners
had the opportunity to install a center identification sign with
an unrestricted number of tenant panels based on the previous,
less restrictive sign code. Since the property was subject to
the same physical constraints as it is now, the likely cause of
the current vacancy problems cited by the applicant is the
economic decline presently affecting the commercial sector as a
whole, a trend that is not likely to be reversed by an oversized
sign. At its meeting of May 18, 1993, the Planning commission
denied Variance No. 93-02.
Mayor Minor opened the hearing.
Gary Quiel, Quiel Bros. Electric Sign company, 272 South "I"
Street, San Bernardino, CA, distributed photographs of other
legal non-conforming signs in the area. He explained that
without the sign, it would be difficult to compete with shopping
centers in the area that display the tenants name on a street
sign. This sign is needed to attract and retain tenants in the
shopping center.
Discussion ensued regarding the legal non-conforming signs
in the area.
Al Boughey, Director of Planning and Building Services,
proposed a compromise to allow the applicant seven panels and 100
square feet, provided that the owner not request any additional
center identification signs.
Cindy Ybarra, 1045 West Katella Avenue, Orange, CA,
representative for the landlord, stated that she would have to
consult with the Bankruptcy Trustee to obtain a decision on the
compromise proposed by Mr. Boughey.
23
7/19/93
council Member Oberhelman made a motion, seconded by Council
Member Miller, and unanimously carried, that the appeal of the
Planning commission's denial of Variance No. 93-02 be continued
to August 2, 1993, in the Council Chambers of City Hall, 300
North "0" street, San Bernardino, California, to allow the owner
to confer with the Bankruptcy Trustee regarding staff's
compromise proposal to allow seven panels and 100 square feet,
provided that the owner not request any additional center
identification signs.
PUBLIC HEARING - SMOKING ORDINANCE - PROPOSED AMENDMENT
- SECTION 8.72.050 (31)
This is the time and place set for a public hearing to
consider a proposal to amend Section 8.72.050 to prohibit smoking
in all enclosed restaurants.
In a memorandum dated June 29, 1993, Council Member Curlin
requested that smoking be prohibited in all enclosed restaurants
with a seating capacity of more than fifty, except in portions of
restaurants utilized as bars, or to any rooms which are being
used for private functions.
Mayor Minor opened the hearing.
Council Member Curlin explained the negative impact of
tobacco smoke, and second-hand smoke on an individual's health;
and stated support for the amendment that could reduce the
harmful impact from the inhalation of tobacco smoke.
Brenda Morgan, American Heart Association,
Dr., Suite #203, Colton, CA, spoke in support
smoking in all enclosed restaurants.
1250 E. Cooley
of prohibiting
Anthony Trozera, 1588 W. Highland Ave., San Bernardino, CA,
voiced opposition to prohibiting smoking in all enclosed
restaurants.
Esther Jimenez-Salas, 6825 Ridgeside Drive,
spoke in support of prohibiting smoking in
restaurants.
Riverside, CA,
all enclosed
Gary Kirby, 1505 Yardley, San Bernardino, CA, voiced
opposition to prohibiting smoking in all enclosed restaurants.
Dolores Lewis, 739 N. Mt. Vernon, San Bernardino, CA, stated
support for prohibiting smoking in all enclosed restaurants.
Carolyn Williams,
expressed support for
restaurants.
1808 Genevieve st., San Bernardino, CA,
prohibiting smoking in all enclosed
24
7/19/93
Dr. Bruce Smith, San Bernardino County, Department of Public
Health, 799 E. Rialto Avenue, San Bernardino, CA, expressed
support for prohibiting smoking in all enclosed restaurants.
Kay Adkins, Tobacco Use Reduction Now (TURN), 505 N.
Arrowhead Avenue, suite #500, San Bernardino, CA, spoke in
support of prohibiting smoking in all enclosed restaurants; and
presented to City Clerk Rachel Clark a package outlining the
hazards of smoking and second hand smoke.
Jeff Wright, P.O. Box 2341, San Bernardino, CA, voiced
opposition to prohibiting smoking in all enclosed restaurants.
Laurie
Bernardino,
Chairperson
County, 505
CA, stated
restaurants.
Tully-Payne, California State University, San
5500 University Parkway, San Bernardino, CA, and
of the Coalition for a Tobacco-Free San Bernardino
North Arrowhead Avenue, suite #500, San Bernardino,
support for prohibiting smoking in all enclosed
Tom Jones, 364 W. Highland Ave., San Bernardino, CA, stated
opposition to prohibiting smoking in all enclosed restaurants.
Dr. Elizabeth Klonoff, California State University, San
Bernardino, 5500 university Parkway, San Bernardino, CA, stated
support for prohibiting smoking in all enclosed restaurants.
Lillian Corrivcau,
Ave., San Bernardino,
smoking in all enclosed
owner of Soup
CA, expressed
restaurants.
Asylum,
support
1471 N. Waterman
for prohibiting
City Clerk Rachel Clark was presented with a
containing thirty-four signatures of residents who
prohibiting smoking in all enclosed restaurants.
petition
support
City Clerk Clark was presented with a petition listing four
residents that have telephoned the Council Office with a desire
to express support; and three residents that have telephoned the
Council Office with a desire to express opposition to prohibiting
smoking in all enclosed restaurants.
Tony Trozera presented to Rachel Clark, City Clerk, a copy
of a newsletter from CBRA News, (California Business and
Restaurant Alliance) that explains how the Environmental
Protection Agency report on second-hand smoke is inaccurate.
Discussion
negative impacts
ordinance.
ensued regarding the potential
of the proposed revision to
positive and
the smoking
25
7/19/93
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 8.72 OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO SMOKING IN RESTAURANTS. First (31)
Council Member Hernandez made a motion, seconded by Council
Member Pope-Ludlam, and unanimously carried, that the hearing be
closed.
Council Member Curlin made a
Member Hernandez, and unanimously
amendment to the smoking ordinance,
motion, seconded by Council
carried, that the proposed
be tabled.
RECESS MEETING
At 4:17 p.m., Mayor Minor declared a five-minute recess.
RECONVENE MEETING
At 4: 24 p. m., the regular meeting of the Mayor and Common
Council reconvened in the Council Chambers of City Hall, 300
North "0" street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
fOllowing being present: Mayor Minor; Council Members Negrete,
curlin, Hernandez, Oberhelman, Pope-Ludlam; City Attorney Penman,
City Clerk Rachel Clark. Absent: Council Member Miller; city
Administrator Shauna Clark. * Fifth Ward Office Vacant
RES. 93-258 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND
COMMUNITY SERVICES DEPARTMENT TO EXECUTE AMENDMENT NO.
3 TO THE AGREEMENT BETWEEN THE CITY AND CASA RAMONA,
INC. RELATING TO THE OPERATION OF A DROP-IN CENTER
LOCATED AT 1524 WEST 7TH STREET, SAN BERNARDINO,
CALIFORNIA, TO EXTEND THE TERM OF THE AGREEMENT FOR AN
ADDITIONAL ONE YEAR PERIOD. (Continued from June 21,
1993) (35)
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, that said resolution be adopted.
Resolution No. 93-258 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Pope-LUdlam. Nays: None. Absent: Council Member Miller. *
Fifth Ward Office Vacant
COUNCIL MEMBER MILLER RETURNED
At 4:25 p.m., Council Member Miller returned to the Council
meeting and took her place at the council table.
COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING
At 4:25 p.m., Chairman Minor called the regular meeting of
the Community Development Commission to order in the Council
26
7/19/93
Chambers of City Hall, 300 North "0" street, San Bernardino,
California.
RES. 93-259 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND MEADOWBROOK AMATEUR BOXING ACADEMY, INC.
(R-4-B)
RES. 93-260 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND CAMP FIRE - SAN ANDREAS. (R-4-C)
RES. 93-261 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND ROLLING START, INC. (R-4-D)
RES. 93-262 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND SAN BERNARDINO CHILD ADVOCACY PROGRAM.
(R-4-E)
RES. 93-263 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND LIBRERIA DEL PUEBLO. (R-4-F)
RES. 93-264 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND EASTER SEAL SOCIETY OF INLAND COUNTIES.
(R-4-I)
RES. 93-265 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND INLAND MEDIATION BOARD, INC. (R-4-J)
27
7/19/93
RES. 93-266 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND MEADOWBROOK AMATEUR BOXING ACADEMY.
(R-4-K)
RES. 93-267 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND SAN BERNARDINO BOYS AND GIRLS CLUB.
(R-4-L)
RES. 93-268 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND KIDS AGAINST CRIME, INC. (R-4-M)
RES. 93-269 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND LOS PADRINOS OF SOUTHERN CALIFORNIA.
(R-4-N)
Council Member Negrete made a motion, seconded by Council
Member Hernandez, that said resolutions be adopted.
Resolution Nos. 93-259, 93-260, 93-261, 93-262, 93-263, 93-
264, 93-265, 93-266, 93-267, 93-268, and 93-269 were adopted by
the following votes: Ayes: Council Members Negrete, Curlin,
Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None.
Absent: None. * Fifth Ward Office Vacant
"E" STREET DIAGONAL PARKING - TEMPORARY IMPROVEMENTS
(R-7)
In a memorandum dated July 12, 1993, Kenneth Henderson,
Executive Director, Economic Development Agency/Development
Department, requested that staff be authorized to develop a plan
for a temporary diagonal parking trial on "E" Street in
accordance with the Downtown Plan. The Downtown Plan was
designed to provide policy guidance in response to the changing
demands facing downtown, and to identify steps that would lead to
a quality urban character for the central business district.
Angle parking would enhance bot.h street parking availability
and pedestrian access within the downtown central business
district. The installation of these temporary diagonal parking
improvements on "E" Street would be a test of the usefulness and
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7/19/93
desirability of diagonal parking on this downtown street as
envisioned in the Downtown Plan. The plan is conceptual and upon
approval, staff would develop plans and specifications for the
improvements; bids would be obtained, and a recommendation
prepared for review by the Mayor and Council.
Council Member Negrete made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the Mayor and
Council grant conceptual approval for the installation of
temporary improvements relative to diagonal parking on both sides
of "E" street between Second and sixth streets; and that the
Executive Director be authorized to complete necessary
construction drawings and receive bids for completion of
temporary improvements for approval of the Mayor and Council.
RES. 93-270 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND YMCA OF SAN BERNARDINO VALLEY. (R-4-A)
RES. 93-271 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND YMCA OF SAN BERNARDINO VALLEY. (R-4-G)
Council Member Oberhelman stated that he is a YMCA Board
Member, and would abstain from voting.
Council Member Hernandez made a motion, seconded by Council
Member Negrete, that said resolutions be adopted.
Resolution Nos. 93-270 and 93-271 were adopted by the
following vote: Ayes: Council Members Negrete, Curlin,
Hernandez, Pope-Ludlam, Miller. Nays: None. Abstain: Council
Member Oberhelman. Absent: None. * Fifth Ward Office Vacant
RES. 93-272 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND YWCA OF GREATER SAN BERNARDINO. (R-4-H)
Council Member Hernandez made a motion, seconded by Council
Member Pope-Ludlam, that said resolution be adopted.
Resolution No. 93-272 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Pope-Ludlam, Miller. Nays: None. Absent: None. * Fifth Ward
Office Vacant
29
7/19/93
RES. 93-273 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND YOUNG MEN'S CHRISTIAN ASSOCIATION
(YMCA). (R-5)
Council Member Oberhelman stated that he is a YMCA Board
Member, and would abstain from voting.
Council Member Hernandez made a motion, seconded by Council
Member Miller, that said resolution be adopted.
Resolution
Ayes: Council
Miller. Nays:
Absent: None.
No. 93-273 was adopted by the following vote:
Members Negrete, Curlin, Hernandez, Pope-Ludlam,
None. Abstain: Council Member Oberhelman.
* Fifth Ward Office Vacant
PUBLIC HEARING COMMUNITY DEVELOPMENT
(CDBG) - CANCEL PROJECTS & TRANSFER FUNDS
BLOCK GRANT
(R-I0)
This is the time and place set for a public hearing to
consider the cancellation of certain Community Development Block
Grant (CDBG) projects, and the transfer of unexpended CDBG funds.
In a memorandum dated July 7, 1993, Kenneth Henderson,
Executive Director, Economic Development Agency/Development
Department, stated that the U.S. Department of Housing and Urban
Development (HUD) advised staff that many of the capital
improvement projects were not progressing in a timely manner due,
in part, to the large number and cost of projects. As a result,
the City has exceeded a HUD regulation which stipulates that
grantees have no more than 1.5 times the most recent grant in its
Letter of Credit with HUD.
Staff has been advised that it must reduce the amount in the
Letter of Credit, or lose the amount over and above the 1.5 times
the annual grant. As such, staff and the Community Development
Citizen's Advisory Committee have identified the purchase of
fire equipment as a means to expend CDBG monies in a timely and
judicious manner. The funds would have been removed from the
City'S Letter of Credit, effective May. 1, 1993, had the Mayor
and Council not taken action to fund the Fire Department's
request to purchase necessary equipment.
Staff has determined which projects to cancel after
discussion regarding project progress, expense, and department
priorities. A total of $1,151,984 generated from the
cancellation of projects, and the transfer of unexpended funds
was utilized to purchase fire equipment in an amount of
$1,128,113.53. The difference of $23,870.47 would be
reprogrammed to new projects.
30
7/19/93
Mayor Minor opened the hearing.
Ken Henderson, Executive Director, Economic Development
Agency /Development Department, answered questions regarding the
proposed recommendations to cancel projects and transfer the
unexpended funds for the purchase of fire equipment.
Discussion ensued regarding the projects that would be
cancelled, and the best use of the unexpended funds.
council Member Hernandez made a motion, seconded by Council
Member Curlin, and unanimously carried, that the hearing be
closed; and that the Mayor and council approve the cancellation
of certain Community Development Block Grant (CDBG) projects, set
forth in Exhibit "A", and transfer unexpended funds, including
those identified in Exhibit "B", to purchase fire equipment.
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.
OPTION HOUSE - TRANSITIONAL HOUSING DEVELOPMENT (RS-2)
In a memorandum dated July 15, 1993, Kenneth Henderson,
Executive Director, Economic Development Agency/Development
Department, stated that on February 17, 1992, the Mayor and
Council approved a $75,000 grant from Community Development Block
Grant (CDBG) funds to Option House for the construction of
housing to shelter five families of battered women and children.
In March, 1993, additional CDBG funds in the amount of $62,000
were approved for this project.
The site plan for the project has been approved and grading
has been completed. It is anticipated that there will be a
shortfall of $50,000 due to changes in project design which were
necessary to comply with the City Development Code. Upon
securing the additional $50,000, it will take approximately six
to eight weeks to complete the project.
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the Mayor and
Council approve $50,000 in HOME funds for Option House
Transitional Housing to cover additional costs required by the
City Development Code to complete the project.
RECESS MEETING - CLOSED SESSION
At 5:12 p.m., the Mayor and
Development Commission recessed
following:
(1 & R-15)
Common Council and Community
to closed session for the
31
7/19/93
d. to consider personnel matters pursuant to Government
Code section 54957;
f. to give instruction to the City's/Commission's
negotiator on the purchase of property pursuant to
Government Code section 54956.8. The real property
which the negotiations concern is generally located at:
Third Street between Sierra Wav and Waterman Ave.
CLOSED SESSION
At 5:12 p.m., Mayor Minor called the closed session to order
in the conference room of the Council Chambers of City Hall, 300
North "0" street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller; City Attorney
Penman, City Clerk Rachel Clark. Absent: ci ty Administrator
Shauna Clark. * Fifth Ward office Vacant
Also present: Tim Steinhaus, Agency Administrator, Kenneth
Henderson, Executive Director, Development Department, Dave
Edgar, Housing Division Manager, Economic Development Agency; Al
Boughey, Director of Planning and Building Services.
AL BOUGHEY, DIRECTOR OF PLANNING AND BUILDING SERVICES
EXCUSED
At 5:50 p.m., Al Boughey, Director of Planning and Building
Services left the closed session.
CITY ADMINISTRATOR SHAUNA CLARK ARRIVED
At 5:51 p.m., Shauna Clark, City Administrator arrived at
the closed session.
TIM STEINHAUS, AGENCY ADMINISTRATOR, KENNETH HENDERSON,
EXECUTIVE DIRECTOR, DEVELOPMENT DEPARTMENT, AND DAVE
EDGAR, HOUSING DIVISION MANAGER, ECONOMIC DEVELOPMENT
AGENCY EXCUSED
At 5:52 p.m., Tim steinhaus, Agency Administrator, Kenneth
Henderson, Executive Director, Development Department, and Dave
Edgar, Housing Division Manager, Economic Development Agency left
the closed session.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
At 6:25 p.m., Council Member Pope-Ludlam left the closed
session.
ADJOURN CLOSED SESSION
At 6:39 p.m., the closed session adjourned to the regular
meeting of the Mayor and Common Council in the Council Chambers
of City Hall, 300 North "0" street, San Bernardino, California.
32
7/19/93
RECONVENE MEETING
At 6:39 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 "0" street, San
Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Hernandez, Oberhelman, Miller; city Attorney Penman, City
Clerk Rachel Clark, City Administrator Shauna Clark. Absent:
Council Member Pope-Ludlam. * Fifth Ward Office Vacant
PUBLIC HEARING - IMPOSE LIENS ON PROPERTY - UNCOLLECTED
BUSINESS REGISTRATION FEES (32)
This is the time and place set for a public hearing relative
to imposing liens on real property located within the City of San
Bernardino for uncollected business registration fees for the
renting or leasing of dwelling units.
In a memorandum dated June 28, 1993, Rachel Clark,
Clerk, requested authorization to impose liens on parcels of
property for uncollected business registration fees.
city
real
City Clerk Clark stated that Exhibit A of the resolution
should be amended by deleting the following addresses: 193 E.
40th street, and 201 E. 40th street.
Mayor Minor opened the hearing.
RES. 93-274 - RESOLUTION OF THE CITY OF SAN BERNARDINO
IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY
LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR
UNCOLLECTED BUSINESS REGISTRATION FEES. ( 32)
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, that the hearing be closed; that said
resolution be adopted amending Exhibit A to delete the following
addresses: 193 E. 40th Street, and 201 E. 40th Street.
Resolution No. 93-274 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Miller. Nays: None. Absent: Council Member Pope-Ludlam. *
Fifth Ward Office Vacant
CONTRACTS - BINDING ARBITRATION CLAUSE - CONTINUED FROM
JUNE 21, 1993 (34)
This is the time and place continued to for discussion of a
binding arbitration clause in contracts.
33
7/19/93
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the matter of a
binding arbitration clause in contracts, be referred to the
Legislative Review Committee.
ORANGE SHOW ROAD EXTENSION BETWEEN ARROWHEAD AVENUE &
TIPPECANOE AVENUE ADOPT MITIGATED NEGATIVE
DECLARATION & FINDING OF CONSISTENCY WITH CIRCULATION
ELEMENT OF GENERAL PLAN - CONTINUED FROM JUNE 21, 1993
(36)
This is the time and place continued to consider adopting a
mitigated negative declaration and finding of consistency with
the circulation element of the General Plan for the Orange Show
Road extension between Arrowhead Avenue and Tippecanoe Avenue.
In a memorandum dated July 7, 1993, Roger Hardgrave,
Director of Public Works/City Engineer, stated that at the Mayor
and Council meeting of June 21, 1993, the matter was continued
for thirty days to allow an opportunity for members of the Orange
Show Road (South Waterman) Coalition to provide comments. The
Coalition reviewed the project's initial study and felt that
their concerns had been addressed; however, stipulated that
mitigation measures be completed.
Council Member Oberhelman made a motion, seconded by Council
Member Curlin, that the Negative Declaration for Public Works
Project No. 93-03, extension of Orange Show Road between
Arrowhead Avenue and Tippecanoe Avenue, be adopted; and that a
finding be made that the extension of Orange Show Road, between
Arrowhead Avenue and Tippecanoe Avenue is consistent with the
Circulation Element of the General Plan. (Note: There was no
vote taken at this time.)
Jeff Wright, P.O. Box 2341, San Bernardino, CA, spoke in
opposition to the mitigated negative declaration.
City Attorney Penman explained that the motion should be
amended to "mitigated negative declaration"; and that the
following should be added to motion one: "and that the Council
adopt a mitigation monitoring reporting program to be prepared by
the Public Works Department and approved by the City Attorney
which includes all mitigation measures in the Initial Study."
John Kirley, 1170 N. Arrowhead Avenue, San Bernardino, CA,
requested that the mitigated negative declaration be explained.
Shauna Clark, City Administrator, explained the mitigated
negative declaration.
Council Member Oberhelman made a substitute motion, seconded
by Council Member Hernandez, and unanimously carried, that the
34
7/19/93
Mitigated Negative Declaration for Public Works Project No. 93-
03, extension of orange Show Road between Arrowhead Avenue and
Tippecanoe Avenue, be adopted; that the Council adopt a
mitigation monitoring reporting program to be prepared by the
Public Works Department and approved by the City Attorney which
includes all mitigation measures in the Initial study; and that a
finding be made that the extension of Orange Show Road, between
Arrowhead Avenue and Tippecanoe Avenue, is consistent with the
Circulation Element of the General Plan.
PARAMEDIC PROGRAM TRANSFER TO PRIVATE
CONTINUED FROM JULY 12, 1993
ENTERPRISE-
(37)
This is the time and place set to consider transferring the
paramedic program to private enterprise.
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that the matter of
transferring the paramedic program to private enterprise, be
tabled.
ROUTE 30 FREEWAY CORRIDOR BEAUTIFICATION - DRAFT JOINT
POWERS AUTHORITY (38)
In a memorandum dated June 25, 1993, Roger Hardgrave,
Director of Public Works/City Engineer, stated that a committee
had been formed to review design elements of the Route 30
Freeway, from the present terminus of Route 210 Freeway to Route
I-215. The committee is comprised of the County of San
Bernardino and the seven cities traversed by this section of the
Route 30 Freeway.
The purpose of the committee is to enhance the
beautification of the freeway, through review of design elements
and provision of supplemental funds. Caltrans will provide the
basic amenities, such as landscaping, and concrete block sound
walls, in accordance with their standard procedures.
Supplemental funds would be used to finance the costs of
upgrading the design elements to improve the beautification along
the freeway corridor.
Council Member Hernandez made a motion, seconded by Council
Member Miller, and unanimously carried, that the draft Joint
Exercise of Powers Agreement, for the Route 30 Freeway Corridor,
be referred to the Legislative Review Committee.
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AUTHORIZING THE PARTICIPATION IN
THE SAN BERNARDINO COUNTY ALTERNATIVE TAX DISTRIBUTION
PLAN. (S-l)
35
7/19/93
City Administrator Clark requested that items S-l and S-2 be
continued for two weeks so that a representative of the Water
Department could be present to answer questions.
Council Member Oberhelman made a motion, seconded by Council
Member Curlin, and unanimously carried, that said resolution be
continued to August 2, 1993, in the Council Chambers of City
Hall, 300 North "0" street, San Bernardino, California.
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, SUCCESSOR TO THE SOUTH SAN
BERNARDINO COUNTY WATER DISTRICT, ASSESSING PROPERTIES
WITHIN THE PREVIOUS DISTRICT BOUNDARIES IN THE AMOUNT
OF $16,431.25 FOR THE FISCAL YEAR 1993/94. (S-2)
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that said resolution
be continued to August 2, 1993, in the Council Chambers of City
Hall, 300 North "0" Street, San Bernardino, California.
DEVELOPMENT CODE REVISIONS - SCHEDULE WORKSHOP - AUGUST
9, 1993 (S-4)
In a memorandum dated July 15, 1993, Al Boughey, Director of
Planning and Building Services, stated that in December of 1992,
staff was authorized to proceed with a revision of the
Development Code. Staff developed a phased work program for
completing the revisions. The draft of the first phase has been
completed and the environmental review is being prepared. The
next step in the process would be scheduling the revisions for a
public hearing by the Planning Comnission, followed by a public
hearing by the Mayor and Council. As there are several new
Council Members and Planning Commissioners, staff feels it would
be prudent to review the Development Code, and revision program
in an informal workshop prior to scheduling the formal review
process.
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the Mayor and
Council hold a workshop on August 9, 1993, at 9:00 a.m., in the
Economic Development Agency, Board Room, 201 North "E" street,
San Bernardino, CA, to discuss the Development Code and the
revisions.
~
36
7/19/93
ADJOURNMENT
(41)
At 6:56 p.m., Mayor Minor
the Mayor and Common Council.
at 8:00 a.m., August 2, 1993,
Hall, 300 North "0" street, San
adjourned the regular meeting of
The next regular meeting will be
in the Council Chambers of city
Bernardino, California.
RACHEL CLARK
City Clerk
'-#z?("~
/
4.-//
?~~~
By
Melanie Vale
Deputy city Clerk
No. of Items: 65
No. of Hours: 10
37
7/19/93