HomeMy WebLinkAbout08-19-1996 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
REGULAR MEETING
AUGUST 19, 1996
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., Monday, August 19, 1996, in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman;
City Clerk Rachel Clark; City Administrator Shauna Clark. Absent:
Council Member Arias.
City Attorney Penman announced that the following additional
case would be discussed in closed session:
Bond vs. Communitv Development Commission of San Bernardino.
et al. - San Bernardino Superior Court Case Nos. E014888; SCV
267373.
RECESS MEETING - CLOSED SESSION -
the meeting - pages 13 & 15)
(Referenced later in
(1)
At 8:01 a.m., the Mayor and Common Council recessed to closed
session for the following:
Pursuant to Government Code Sections.
A. Conference with legal counsel existing litigation
pursuant to Government Code Section 54956.9(a):
People of the State of California vs. Manta Manaqement
Corporation/Manta Manaqement Corporation vs. City of San
Bernardino - San Bernardino Superior Court Case No. SCV
18157;
Michael Shayne Lawhon.
Maintenance Co.. et al.
Case No. SCV 25826;
et al. vs. California Pavement
- San Bernardino Superior Court
R. Moore vs. Ci tv of San Bernardino
District Court - Los Angeles Case No.
(JGx) ;
United States
CV 95-7352 SVW
1
8/19/1996
Richard Smith vs. City of San Bernardino - San Bernardino
Superior Court Case No. SCV 21835;
Daniel F. Hernandez vs. City of San Bernardino - Workers
Compensation Appeals Board Case No. RIV 921446;
Ellury Flowers vs. Citvof San Bernardino - United States
District Court Case No. EDCV 95-199 RT (VAPx).
B. Conference with legal counsel - anticipated litigation -
significant exposure to litigation pursuant to
subdivision (b) of Government Code Section 54956.9:
C. Conference with legal counsel - anticipated litigation -
initiation of litigation pursuant to subdivision (c) of
Government Code Section 54956.9:
D. Conference with labor negotiator pursuant to Government
Code Section 54957.6:
Aoencv Neqotiator:
Barbara Dillon, Personnel Director
Employee Orqanization:
San Bernardino City Professional Fire Fighters - Local
891.
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.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman;
City Clerk Rachel Clark; City Administrator Shauna Clark. Absent:
Council Member Arias.
Also present: Senior Assistant City Attorney
City Attorney Empeno and Margaret Scroggin,
Operations Supervisor, City Attorney's Office.
Carlyle, Deputy
Administrative
READING OF RESOLUTIONS & ORDINANCES
Deputy City Clerk Cordova read the titles of all the
resolutions and ordinances on the regular and supplemental agendas
of the Mayor and Common Council and the regular and supplemental
agendas of the Community Development Commission/San Bernardino
Joint Powers Financing Authority/San Bernardino Park Acquisition
Joint Powers Financing Authority and Mayor and Common Council.
2
8/19/1996
COUNCIL MEMBER ARIAS ARRIVED
At 8:03 a.m., Council Member Arias arrived at the closed
session.
PERSONNEL DIRECTOR DILLON AND PARALEGAL GREENLEAF ARRIVED
At 8:23 a.m., Personnel Director Dillon and Paralegal
Greenleaf arrived at the closed session.
DEPUTY CITY ATTORNEY EMPENO EXCUSED
At 8:45 a.m., Deputy City Attorney Empeno left the closed
session.
ASSISTANT POLICE CHIEF HARP AND LIEUTENANT ARAGON ARRIVED
At 8:47 a.m., Assistant Police Chief Harp and Police
Lieutenant Aragon arrived at the closed session.
PERSONNEL DIRECTOR DILLON EXCUSED
At 8: 49 a. m., Personnel Director Dillon left the closed
session.
ADJOURNED CLOSED SESSION
At 9: 01 a. m., the closed session adj ourned to the regular
meeting of the Mayor and Common Council of the City of San
Bernardino.
RECONVENE MEETING
At 9:06 a.m., Mayor Minor reconvened the regular meeting of
the Mayor and Common Council of the City of San Bernardino.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney
Penman; City Clerk Rachel Clark; City Administrator Shauna Clark.
Absent: None.
INVOCATION
The invocation was given by Bishop Gertrude Whetzel of God's
Great Cause Church.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Negrete.
APPOINTMENT HOWARD R. LEIDNER
COUNCIL MEMBER ARIAS
FIRE COMMISSION
(2)
Mayor Minor submitted a Staff Report dated August 12, 1996,
recommending the appointment of Howard R. Leidner, 2930 W. Rialto
Avenue #44, San Bernardino, CA, to the Fire Commission, as
requested by Council Member Arias.
3 8/19/1996
Council Member Devlin made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the appointment of
Howard R. Leidner to the Fire Commission, as requested by Council
Member Arias, be approved.
SERVICE PIN AWARDS
(3)
Phil Arvizo, Executive Assistant to the Council, read the
names of the following employees who received a service pin award
in recognition of their many years of dedicated service to the
City:
Name
Department
Years of Service
Daniel Alvarez
Magi Lawson
Donna Rutherford
Abraham Mendoza
Animal Control
Planning & Building Svcs.
Police
Public Works/Engineering
15 year pin
5 year pin
10 year pin
10 year pin
Each employee received a service pin presented by Mayor Minor.
ANNOUNCEMENTS - COUNCIL MEMBER CURLIN
(4)
Council Member Curlin expressed content that the differences
he and Mr. Penman have are strictly political and a level of
professionalism can still be maintained.
ANNOUNCEMENTS - COUNCIL MEMBER ARIAS
(4)
Council Member Arias stated that she
attending a Latino Leadership Conference
University, San Bernardino, and commended
students.
had the pleasure of
held at Cal State
the program and the
ANNOUNCEMENTS - COUNCIL MEMBER OBERHELMAN
(4)
Council Member Oberhelman announced that a volunteer kick-off
reception will be held on Thursday, August 22, 1996, 5:00 p.m., at
Court Street Square, for the upcoming Route 66 Rendezvous on
September 19-22, 1996.
ANNOUNCEMENTS - COUNCIL MEMBER NEGRETE
(4)
Council Member Negrete announced that he and Council Members
Curlin and Arias met with representatives from Our Lady of
Guadalupe Church to discuss concerns and police services within the
City of San Bernardino. He further stated that they were invited
to speak at a Mass.
4
8/19/1996
ANNOUNCEMENTS - COUNCIL MEMBER DEVLIN
(4)
Council Member Devlin expressed appreciation for
Penman, in that he is independent enough to represent
of the city.
City Attorney
the good will
ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON
(4)
Council Member Anderson stated that she was absent from the
Mayor and Council meeting of August 5 because she was attending a
National Association of Installation Developers Conference in
Sacramento. She announced that out of the 13 categories, the
Inland Valley Development Agency was honored in each of them.
Representatives from various cities where military bases have
closed in the United States and Guam were present and explained how
their bases are being re-utilized. Council Member Anderson further
stated that she is proud to be a part of the Inland Valley
Development Agency.
ANNOUNCEMENTS - CITY CLERK RACHEL CLARK
(4)
City Clerk Rachel Clark
Little League Tournament was
volunteers who coordinated the
stated that the
a success and
event.
Western
thanked
Regional
the many
ANNOUNCEMENTS - CITY ATTORNEY PENMAN
(4)
City Attorney Penman expressed his pleasure in attending the
Little League Tournament and acknowledged the political differences
that exist when there is an appointed city attorney versus an
elected one.
ANNOUNCEMENTS - MAYOR MINOR
(4)
Mayor Minor announced that he is going to create an ad hoc
committee to establish a five-year plan for the replacement of fire
equipment and he is asking Council Members Negrete, Devlin and
Anderson to consider being members of the committee. He stated
that the matter will be placed on the agenda for the Mayor and
Council meeting of September 3, 1996.
PUBLIC COMMENTS - ELIANA LOIS WENZEL
(5)
Dr. Eliana Lois Wenzel, 1460 Edgehill Lane, Redlands, CA,
owner of Loma Linda Towing, requested that the Mayor and Council
reconsider the previous action taken relative to the cancellation
of the contract with Loma Linda Towing.
5
8/19/1996
PUBLIC COMMENTS - VARIOUS CITIZENS - CLARK FAMILY (5)
The following individuals expressed support for the Clark
family whose 14-year old son was fatally shot by an II-year old
girl:
Ken Blumenthal, 6405 Redwood Street, San Bernardino, CA.
Clarissa Schmidt, 536 W. 33rd Street, San Bernardino, CA.
Bob Rice, 2795 Shepherd Lane, San Bernardino, CA.
Mitch Southern, 2659 Irvington Avenue, San Bernardino, CA.
Barbara Sky, 6464 Palm Avenue, San Bernardino, CA.
Bruce and Jeanette Clark, 5079 N. Orange Drive, San
Bernardino, CA, requested that the Mayor and Council urge the
District Attorney's Office to prosecute the matter, if for no other
reason than that there is an issue of responsibility and safety
laws for the handling of fire arms should be imposed.
City Attorney Penman stated that The Brown Act prohibits
taking action on matters regarding public comments; however, the
matter could be placed on a future agenda of the Mayor and Council.
He also announced that the city's pistol range is open to the
public on Saturdays and Sundays from 9:00 a.m. to 4:00 p.m. and a
hunter safety course is currently being offered. Anyone wanting
information can call Mr. Hendrikson, Range Master, at 883-9010.
PUBLIC COMMENTS - ELVIRA GALLARDO
(5)
Elvira Gallardo, 587 Gardena Street, San Bernardino, CA,
expressed concern regarding the elimination of homes for the
establishment of businesses, and urged the Mayor and Council to
concentrate on the youth.
PUBLIC COMMENTS - RUBEN LOPEZ
(5)
Ruben Lopez, 631 W. 16th Street, San Bernardino, CA, opposed
the special election to be held on November 5, 1996, concerning the
Mayor's veto power on Community Development Commission items since
he believes the State is going to pass Senate Bill 2112 without any
amendments. He recommended that the council members in favor of
the election should pay for such and also voiced his opposition to
the installation of chain-link fencing.
PUBLIC COMMENTS - DONNA CONANT
(5)
Donna Conant, 26245 E. Base
concern regarding the conditions
raised and urged the allocation of
Line, Highland, CA, expressed
in which the youth are being
funds to assist the youth.
6
8/19/1996
PUBLIC COMMENTS - GARY KIRBY
(5)
Gary Kirby, 1505 Yardley Street, San Bernardino, CA, stated
that he doesn't see why the duties of the Council and City Attorney
should conflict since they're both designed to serve the public;
expressed support for the Clark family and stated that the youth
need to be taught that their actions have consequences.
PUBLIC COMMENTS - HELEN KOPCZYNSKI
(5)
Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA,
expressed support for the freedom of speech and questioned the
actions of State and City legislative bodies.
ANNOUNCEMENTS - COUNCIL MEMBER CURLIN
(4)
Council Member Curlin requested that City Attorney Penman make
a statement relative to when actions taken in closed session are
required to be announced.
City Attorney Penman explained the matters which could be
discussed in closed session and when the vote and action is to be
announced.
RECESS MEETING
At 10:10 a.m., Mayor Minor declared a five-minute recess.
RECONVENE MEETING
At 10:16 a.m., Mayor Minor reconvened the regular meeting of
the Mayor and Common Council of the City of San Bernardino.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Oberhelman, Devlin; City Clerk Rachel Clark; City
Administrator Shauna Clark. Absent: Council Members Arias,
Anderson, Miller; City Attorney Penman.
PUBLIC HEARING - IMPOSE LIENS ON PROPERTY - UNCOLLECTED
BUSINESS REGISTRATION FEES (20)
Rachel Clark, City Clerk, submitted a Staff Report dated July
31, 1996, concerning the imposition of liens on various properties
for uncollected business registration fees.
Mayor Minor opened the hearing.
RES. 96-256 - 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. (20)
7
8/19/1996
Council Member Oberhelman made a motion, seconded by Council
Member Curlin, that the hearing be closed; that full reading of the
resolution be waived; that the City Clerk be directed to
administratively remove any properties from Exhibit A which have
been paid prior to the hearing; and that said resolution be
adopted.
The motion carried and Resolution No. 96-256 was adopted by
the following vote: Ayes: Council Members Negrete, Curlin,
Oberhelman, Devlin. Nays: None. Absent: Council Members Arias,
Anderson, Miller.
COUNCIL MEMBERS ARIAS & MILLER RETURNED
At 10:17 a.m., Council Members Arias and Miller returned to
the Council meeting and took their places at the council table.
PUBLIC HEARING - TEMPORARY CLOSURE OF DUMAS STREET, FROM
WASHINGTON AVENUE TO EAST TWIN CREEK CHANNEL - CALIFORNIA
VEHICLE CODE SECTION 21101.4 (21)
Roger Hardgrave, Director of Public Works/Engineering,
submitted a Staff Report dated July 18, 1996, concerning the
temporary closure of Dumas Street, from Washington Avenue to east
Twin Creek Channel.
Mayor Minor opened the hearing.
Donna Conant, 26245 E. Base Line, Highland, CA, expressed
concern regarding the costs associated with the street closure.
COUNCIL MEMBER ANDERSON RETURNED
At 10: 18 a. m., Council Member Anderson returned to the Council
meeting and took her place at the council table.
Director Hardgrave explained that the Water Department would
be absorbing the costs and answered questions concerning the
temporary closure.
RES. 96-257 - RESOLUTION OF THE CITY OF SAN BERNARDINO
TEMPORARILY CLOSING DUMAS STREET, FROM WASHINGTON STREET
TO THE EAST TWIN CREEK FLOOD CONTROL CHANNEL. (21)
Council Member Curlin made a motion, seconded by Council
Member Devlin, that the hearing to consider the temporary closure
of Dumas Street, from Washington Avenue to east Twin Creek Channel,
pursuant to Section 21101.4 of the California Vehicle Code, in
order to curtail illegal dumping, be closed; that full reading of
the resolution be waived; and that said resolution be adopted.
The motion carried and Resolution No. 96-257 was adopted by
the following vote: Ayes: Council Members Negrete, Curlin, Arias,
Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None.
8
8/19/1996
CITY ATTORNEY PENMAN RETURNED
At 10:22 a.m., City Attorney Penman returned to the Council
meeting.
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6)
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that full reading of the
resolutions and ordinances on the regular and supplemental agendas
of the Mayor and Common Council be waived.
COUNCIL MINUTES
(7)
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, 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: June
17, 1996; July 3, 1996; July 22, 1996.
RES. 96-258 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH TRI-
CITIES INVESTMENT COMPANY FOR LEASE OF CERTAIN REAL
PROPERTY KNOWN AS THE POLICE COMMUNITY SERVICE OFFICE FOR
AREA "E", 1993 SOUTH DINERS COURT, THE TERM OF THE
AGREEMENT IS FOR A PERIOD OF ONE YEAR. (9)
RES. 96-259 A RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A QUITCLAIM DEED OF A
WATERLINE EASEMENT TO THE UNIVERSITY SERVICE CENTER
PARTNERS, LTD., ACROSS CERTAIN PROPERTY LOCATED ON THE
NORTH SIDE OF INDUSTRIAL PARKWAY. (10)
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, that said resolutions be adopted.
Resolution Nos. 96-258 and 96-259 were adopted
following vote: Ayes: Council Members Negrete, Curlin,
Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent:
by the
Arias,
None.
CLAIMS AND PAYROLL
(11)
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that the claims and
payroll and authorization to issue warrants as listed on the
memorandum dated August 12, 1996, from the Director of Finance, be
approved.
9
8/19/1996
RES. 96-260 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF PROGRAM SUPPLEMENT NO. 84 OF LOCAL AGENCY FEDERAL-AID
PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA,
ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION
RELATING TO THE ACQUISITION OF RIGHTS-OF-WAY FOR
EXTENSION OF ORANGE SHOW ROAD. (13)
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, that said resolution be adopted.
Resolution No. 96-260 was
Ayes: Council Members Negrete,
Anderson, Miller. Nays: None.
adopted by the following vote:
Curlin, Arias, Oberhelman, Devlin,
Absent: None.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AGREEMENT WITH SAN BERNARDINO INDUSTRIAL
MEDICAL CLINIC, RELATING TO MEDICAL SERVICES. (8)
Concern was expressed regarding the costs associated with the
services to be performed.
Council Member Arias made a motion, seconded by Council Member
Anderson, that said resolution be continued to the Mayor and Common
Council meeting of September 3, 1996.
The motion carried by the following vote: Ayes:
Members Negrete, Curlin, Arias, Oberhelman, Anderson,
Nays: Council Member Devlin. Absent: None.
Council
Miller.
PERSONNEL ACTIONS
(12)
Council Member Oberhelman made a motion, seconded by Council
Member Anderson, and unanimously carried, that the personnel
actions submitted by the Chief Examiner dated August 8, 1996, 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; and that Item No. Four be amended to reflect
the Code Compliance Division rather than the City Administrator's
Office.
RES. 96-261 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO HOLLAND-LOWE CONSTRUCTION, INC.,
FOR PAVEMENT REHABILITATION BY RUBBERIZED CHIP SEAL
METHOD AT VARIOUS LOCATIONS. (14)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
Resolution No. 96-261 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin,
Anderson, Miller. Nays: None. Absent: None.
10
8/19/1996
RES. 96-262 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO LAYNE-WESTERN, A DIVISION OF LAYNE
CHRISTENSEN COMPANY, FOR DRILLING TWO WELLS AT SAN
BERNARDINO TRADE CENTER AND INTERNATIONAL AIRPORT. (15)
Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA,
inquired about the total cost for said project.
Mayor Minor stated that the cost for said contract is
$287,000.
Council Member Devlin made a motion, seconded by Council
Member Anderson, that said resolution be adopted.
Resolution No. 96-262 was
Ayes: Council Members Negrete,
Anderson, Miller. Nays: None.
adopted by the following vote:
Curlin, Arias, Oberhelman, Devlin,
Absent: None.
RES. 96-263 - RESOLUTION OF THE CITY OF SAN BERNARDINO
APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 14400-
1, LOCATED ON THE NORTHEAST CORNER OF ESCENA STREET AND
OHIO AVENUE, 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. (16)
Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA,
expressed concern regarding the amount of time allowed for the
completion of the project.
Director Hardgrave answered questions concerning the fees to
be paid, explained that the certificate of insurance will be filed
within a couple of days, and stated the amount of extensions
granted for the project.
Council Member Devlin made a motion, seconded by Council
Member Negrete, that said resolution be adopted, subject to payment
of fees and certificate of insurance being obtained.
The motion carried and Resolution No. 96-263
the following vote: Ayes: Council Members Negrete,
Oberhelman, Devlin, Anderson, Miller. Nays: None.
was adopted by
Curlin, Arias,
Absent: None.
APPROVE CONTRACT CHANGE ORDER NO. SIX PASSENGER
TERMINAL ACCESS ROADS & PARKING FACILITIES SAN
BERNARDINO TRADE CENTER AND INTERNATIONAL AIRPORT
RIVERSIDE CONSTRUCTION - $37,048.87. (17)
Roger Hardgrave, Director of Public Works/Engineering,
submitted a Staff Report dated July 31, 1996, concerning Contract
Change Order No. six with Riverside Construction for the passenger
terminal access roads and parking facilities at the San Bernardino
11
8/19/1996
Trade Center and International Airport.
Donna Conant, 26245 E. Base Line, Highland, CA, expressed
concern regarding the issuance of numerous change orders.
City Attorney Penman explained that Riverside Construction has
made contributions to his campaign; therefore, his office did not
provide any legal advice.
Council Member Devlin made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that Change Order No.
Six to the contract with Riverside Construction for improvement of
access roads and parking facilities for the passenger terminal at
the San Bernardino Trade Center and International Airport, in
accordance with Plan No. 9283, be approved; to authorize additional
compensation to the contractor for extra work in the removal and
disposal of additional abandoned concrete encasements and vaults,
locating existing water main lines and realignment to connect to
the new 12-inch water main line, on a time and material basis, at
a total cost of $37,048.87; from $2,668,435.39 to $2,705,484.26.
APPROVE CONTRACT CHANGE ORDER NO. NINE - PHASE ONE OF
NORTHWEST INTERCEPTOR SEWER & STORM DRAIN IN "I" STREET -
FROM MILL STREET TO SANTA FE YARD UTAH PACIFIC
CONSTRUCTION - $23,155.44. (18)
Roger Hardgrave, Director of Public Works/Engineering,
submitted a Staff Report dated August 8, 1996, concerning Contract
Change Order No. Nine with Utah Pacific Construction for phase one
of the northwest interceptor sewer and storm drain in "I" Street,
from Mill Street to the Santa Fe yard.
COUNCIL MEMBER CURLIN EXCUSED
At 10:44 a.m., Council Member Curlin left the Council meeting.
Council Member Oberhelman made a motion, seconded by Council
Member Arias, and unanimously carried, that Change Order No. Nine
to the contract with Utah Pacific Construction, for construction of
the storm drain and phase one of the northwest intercepting sewer
in "I" Street, from Mill Street to the Santa Fe yard, in accordance
with Plan Nos. 9169/9169-A, be approved; to compensate the
contractor for the additional work performed in the removal of
23,809 square feet of concrete pavement, not shown on the plans and
specifications, and removal and replacement of unsuitable soil
encountered at the intersection of Third and "I" Streets, at an
increase in the contract price of $23,155.44; from $1,028,477.35 to
$1,051,632.79.
COUNCIL MEMBER CURLIN RETURNED
At 10:46 a.m., Council Member Curlin
meeting and took his place at the council
returned to the Council
table.
12
8/19/1996
APPROVE CONTRACT CHANGE ORDER NO. 13 - PASSENGER TERMINAL
ACCESS ROADS & PARKING FACILITIES - SAN BERNARDINO TRADE
CENTER AND INTERNATIONAL AIRPORT - RIVERSIDE CONSTRUCTION
- $21,296.38. (19)
Roger Hardgrave, Director of Public Works/Engineering,
submitted a Staff Report dated August 8, 1996, concerning Contract
Change Order No. 13 with Riverside Construction for the passenger
terminal access roads and parking facilities at the San Bernardino
Trade Center and International Airport.
Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA,
inquired about the amount funded by the grant versus the Inland
Valley Development Agency.
Mayor Minor explained that 75 percent of the cost is funded by
the Economic Development Administration grant and 25 percent by the
Inland Valley Development Agency.
City Attorney Penman explained that Riverside Construction has
made contributions to his campaign; therefore, his office did not
provide any legal advice.
Council Member Devlin made a motion, seconded by Council
Member Anderson, and unanimously carried, that Change Order No. 13
to the contract with Riverside Construction, for improvement of
access roads and parking facilities for the passenger terminal for
the San Bernardino Trade Center and International Airport, in
accordance with Plan No. 9283, be approved; to authorize additional
compensation to the contractor for installation of four extra water
services, installation of a street light at the intersection of
Third Street and Leland Norton Way and raising two existing fire
hydrants to grade, on a time and materials basis, at a total cost
of $21,296.38, for a net increase to the contract price from
$2,724,097.63 to $2,745,394.01.
RECESS MEETING - CLOSED SESSION - (Referenced
later in the meeting - pages 1 & 15)
earlier
(1)
and
At 10:48 a.m., the Mayor and Common Council recessed to closed
session for the following:
Pursuant to Government Code Sections.
A. Conference with legal counsel existing litigation
pursuant to Government Code Section 54956.9(a):
People of the State of California vs. Manta Manaoement
Corporation/Manta Manaqement Corporation vs. City of San
Bernardino - San Bernardino Superior Court Case No. SCV
18157;
13
8/19/1996
Michael Shayne Lawhon,
Maintenance Co., et al.
Case No. SCV 25826;
et al. vs. California Pavement
- San Bernardino Superior Court
R. Moore vs. City of San Bernardino
District Court - Los Angeles Case No.
(JGx) ;
United States
CV 95 -7352 SVW
Richard Smith vs. City of San Bernardino - San Bernardino
Superior Court Case No. SCV 21835;
Daniel F. Hernandez vs. City of San Bernardino - Workers
Compensation Appeals Board Case No. RIV 921446;
El iurv Flowers vs. City of San Bernardino - United States
District Court Case No. EDCV 95-199 RT (VAPx);
Bond vs. Communitv Development
Bernardino. et al. - San Bernardino
Nos. E014888; SCV 267373.
Commission of San
Superior Court Case
B. Conference with legal counsel - anticipated litigation -
significant exposure to litigation pursuant to
subdivision (b) of Government Code Section 54956.9:
C. Conference with legal counsel - anticipated litigation -
initiation of litigation pursuant to subdivision (c) of
Government Code Section 54956.9:
D. Conference with labor negotiator pursuant to Government
Code Section 54957.6:
Aqency Neqotiator:
Barbara Dillon, Personnel Director
Emplovee Orqanization:
San Bernardino City Professional Fire Fighters - Local
891.
CLOSED SESSION
At 10:48 a.m., Mayor Minor called the closed session to order
in the conference room of the Council Chambers of City Hall.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney
Penman; City Clerk Rachel Clark; City Administrator Shauna Clark.
Absent: None.
14
8/19/1996
Also present: Risk Management Director Raya and Attorney
Louis D. Seaman of Mark, Bolson, Kuntz & Serembe, 600 N. Arrowhead
Avenue, San Bernardino, CA.
DEPUTY CITY ATTORNEYS EMPENO & EASLAND ARRIVED
At 10:51 a.m., Deputy City Attorneys Empeno and Easland
arrived at the closed session.
DEPUTY CITY ATTORNEY EMPENO AND OUTSIDE COUNSEL SEAMAN
EXCUSED
At 10:53 a.m., Deputy City Attorney Empeno and Attorney Louis
D. Seaman of Mark, Bolson, Kuntz & Serembe, 600 N. Arrowhead
Avenue, San Bernardino, CA, left the closed session.
RISK MANAGEMENT DIRECTOR RAYA EXCUSED
At 10:54 a.m., Risk Management Director Raya left the closed
session.
ADMINISTRATIVE OPERATIONS SUPERVISOR SCROGGIN ARRIVED
At 10:57 a.m., Administrative Operations Supervisor Scroggin,
City Attorney's Office, arrived at the closed session.
ADJOURNED CLOSED SESSION
At 10:59 a.m., the closed session adjourned to the regular
meeting of the Mayor and Common Council of the City of San
Bernardino.
RECONVENE MEETING
At 11:02 a.m., Mayor Minor reconvened the regular meeting of
the Mayor and Common Council of the City of San Bernardino.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney
Penman; City Clerk Rachel Clark; Economic Development Agency
Administrator Steinhaus. Absent: None.
CLOSED SESSION ANNOUNCEMENT - Referenced earlier in the
meeting - pages 1 & 13) (1)
City Attorney Penman announced that in the matter of Richard
Smith vs. Citv of San Bernardino - San Bernardino Superior Court
Case No. SCV 21835, the plaintiff accepted a settlement of $40,000.
CITY ATTORNEY PENMAN EXCUSED
At 11:04 a.m., City Attorney Penman left the Council meeting
and was replaced by Deputy City Attorney Empeno.
15
8/19/1996
COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO
POWERS FINANCING AUTHORITY/SAN BERNARDINO
ACQUISITION JOINT POWERS FINANCING AUTHORITY
REGULAR MEETING
At 11:04 a.m., Chairman Minor called the joint regular meeting
of the Community Development Commission/San Bernardino Joint Powers
Financing Authority/San Bernardino Park Acquisition Joint Powers
Financing Authority and Mayor and Common Council to order.
JOINT
PARK
JOINT
NOTE: Community Development Commission items which require
action by the Mayor and Common Council are denoted by the letter
"R" and are reflected herein. Minutes of actions taken on
Community Development Commission items are distributed separately
by the Economic Development Agency.
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R2)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that full reading of the
resolutions on the regular and supplemental agendas of the
Community Development Commission/San Bernardino Joint Powers
Financing Authority/San Bernardino Park Acquisition Joint Powers
Financing Authority and Mayor and Common Council be waived.
PATTON PARK SOCCER COMPLEX - JOINT DEVELOPMENT AGREEMENT
- LEASE - PROPOSED FINANCING - EMPIRE A/G RECREATION, LLC
(Discussed later in the meeting - page 20) (RSl)
Ronald Winkler, Development Director, Economic Development
Agency, submitted a Staff Report dated August 15, 1996, concerning
the proposed development and financing of the Patton Park Soccer
Complex.
Tim Jenkins, General Manager,
Hospitality Lane, San Bernardino,
August 16, 1996, in support of the
San Bernardino Hilton, 285 E.
CA, submitted a letter dated
project.
Council Member Devlin made a motion, seconded by Council
Member Miller, that the Mayor and Common Council and the Community
Development Commission (1) approve the Joint Development Agreement,
lease and related documents and authorize their execution; and (2)
authorize staff to proceed with financing as proposed. (Note:
There was no vote taken and the motion was subsequently withdrawn.)
Development Director Winkler provided a synopsis of the action
taken relative to the proposed financing for the Patton Park Soccer
Complex and answered questions relative to such.
Discussion ensued concerning the negotiations held with Empire
A/G Recreation, LLC, and the development and utilization of the
proposed Patton Park Soccer Complex.
16
8/19/1996
Concern was expressed regarding the need to identify all of
the parties involved.
Ray Horspool, President of CYSA
Association) South, 2051 East Cerritos
CA, explained that they are setting
organization to manage the lease.
(California Youth Soccer
Avenue, No. 8-C, Anaheim,
up a separate non-profit
A discussion was held concerning the conditions of the lease
agreement.
Council Member Devlin withdrew his motion.
It was the consensus of the Mayor and Council that the matter
be addressed later in the meeting.
RECESS MEETING
At 12:05 p.m., the joint regular meeting of the Community
Development Commission/San Bernardino Joint Powers Financing
Authority/San Bernardino Park Acquisition Joint Powers Financing
Authority and Mayor and Common Council recessed to 2:00 p.m., in
the Council Chambers of City Hall.
RECONVENE MEETING
At 2:02 p.m., Mayor Minor reconvened the regular meeting of
the Mayor and Common Council of the City of San Bernardino.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Arias, Devlin, Anderson, Miller; City Attorney Penman; City
Clerk Rachel Clark; City Administrator Shauna Clark. Absent:
Council Member Oberhelman.
PROPOSED NO-SMOKING POLICY - SAN BERNARDINO MULTI-PURPOSE
STADIUM - OUTDOOR FACILITIES - STAMPEDE (Discussed later
in the meeting - page 22) (51)
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO PROHIBITING SMOKING, ALL USES OF TOBACCO
PRODUCTS AND THE SALE, ADVERTISING AND DISTRIBUTION OF
THE SAME IN ALL AREAS OF CITY STADIA. (Referenced later
in the meeting - page 22) (51)
Kurt Wise, High Desert Mavericks Baseball Club, 12000 Stadium
Way, Adelanto, CA, submitted a letter dated July 30, 1996, in
support of a no-smoking stadium and explained the tobacco policy
for the High Desert Mavericks Baseball Club.
17
8/19/1996
The following individuals expressed support for a non-smoking
stadium:
Michelle Jacknik, San Bernardino County, Department of Public
Health, 351 Mountain View, San Bernardino, CA.
Bob Turley, 1015 Chestnut Avenue, Redlands, CA.
Patrick
Association,
J. Kudell, Executive Director, American
441 MacKay Drive, San Bernardino, CA.
Lung
Jonathan Calderilla, 1844 Alston, Colton, CA.
Lita E. Pezant, 1514 W. Evans, San Bernardino, CA.
Cynthia Boyd, Executive Director, Home of Neighborly Services,
839 N. Mt. Vernon, San Bernardino, CA.
John H. Coleman, Volunteer, American Cancer Society.
Esther Jimenez, 1542 W. Union Street, San Bernardino, CA.
Donna Conant, 26245 E. Base Line, Highland, CA.
It was noted that a meeting should be held with the Stampede
representatives and time should be given to allow the City Attorney
to investigate the City's rights within the law.
Concern was expressed regarding the future health of the youth
and the effects of tobacco products. A discussion ensued
concerning whether or not the whole stadium should be designated
non-smoking.
City Attorney Penman stated that it would be inappropriate to
adopt said resolution. Action relative to the proposed no-smoking
policy would need to be done through an ordinance.
Council Member Negrete made a motion, seconded by Council
Member Oberhelman, to direct the City Attorney to formulate an
appropriate ordinance to forbid smoking and use of tobacco products
and sales in the new multi-purpose stadium and any kind of stadium
facility within the City, effective upon passage of this ordinance,
to include the proper language that would define the areas and
events that would take place in San Bernardino.
City Clerk Rachel Clark reread the motion as follows:
Council Member Negrete made a motion, seconded by Council
Member Oberhelman, to direct the City Attorney to formulate an
appropriate ordinance to forbid smoking in the new multi-purpose
stadium upon passage of this ordinance, with proper language that
would define areas and include any future structures.
18
8/19/1996
A discussion was held regarding the particulars of the
proposed ordinance.
Council Member Negrete clarified the intent of his motion in
that the City Attorney be directed to formulate the proper language
and designate the smoking areas within the structure of the ball
park and other open seating would be prohibited.
Discussion continued relative to the proposed language of the
ordinance.
City Clerk Rachel Clark reread the motion and action was taken
as follows:
Council Member Negrete made a motion, seconded by Council
Member Oberhelman, that the City Attorney prepare an ordinance
formulating the proper language and designating smoking areas
within the structure of the ballpark (open seating would be
prohibited) and to include any future structures.
The motion carried by the following vote: Ayes:
Members Negrete, Arias, Oberhelman, Devlin, Anderson,
Nays: Council Member Curlin. Absent: None. (Note:
Member Curlin changed his vote later in the meeting.)
Council
Miller.
Council
City Clerk Rachel Clark stated that petitions have been
received in support of a non-smoking stadium which contain 1,037
signatures, of which 265 (26 percent) are San Bernardino residents.
RECESS MEETING
At 3:03 p.m., Mayor Minor declared a five-minute recess.
RECONVENE MEETING
At 3:10 p.m., Mayor Minor reconvened the regular meeting of
the Mayor and Common Council of the City of San Bernardino.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; Deputy City
Attorney Empeno; City Clerk Rachel Clark; Economic Development
Agency Administrator Steinhaus. Absent: None.
COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO
POWERS FINANCING AUTHORITY/SAN BERNARDINO
ACQUISITION JOINT POWERS FINANCING AUTHORITY
REGULAR MEETING
At 3:10 p.m., Chairman Minor called the joint regular meeting
of the Community Development Commission/San Bernardino Joint Powers
Financing Authority/San Bernardino Park Acquisition Joint Powers
Financing Authority and Mayor and Common Council to order.
JOINT
PARK
JOINT
19
8/19/1996
PATTON PARK SOCCER COMPLEX - JOINT DEVELOPMENT AGREEMENT
- LEASE - PROPOSED FINANCING - EMPIRE A/G RECREATION,
LLC. (Discussed earlier in the meeting - page 16) (R51)
Susan
Association,
Dawson, representing Highland Avenue Business
expressed support for the proposed soccer complex.
Dave Mylnarski, Empire &
Avenue, San Bernardino, CA,
percentage of local vendors to
soccer events.
Associates, Inc., 680 S. Waterman
answered questions regarding the
be utilized in the operation of the
A discussion ensued concerning the various aspects of the
lease.
Council Member Oberhelman made a motion, seconded by Council
Member Anderson, that the agreement be amended to tie a commission
to a performance schedule but also recognize and take on face value
that they have expended $45,000 of their own money to get to this
place; $135,000 compensation as in the original proposal, $45,000
be paid upon signing of the lease, $45,000 be paid upon completion
of the first full year of operation if 75 percent of their
projections are achieved, final payment be made at the end of the
second year of full operation based on achievement of 90 percent of
their performance projections of the project. (Note: There was no
vote taken and the motion was subsequently amended.)
Ron Winkler, Development Director,
Agency, answered questions concerning the
proposed project.
Economic Development
total costs for the
Ray Horspool, President of CYSA (California Youth Soccer
Association) South, 2051 East Cerritos Avenue, No. 8-C, Anaheim,
CA, answered questions regarding the status of the lease agreement.
Council Member Oberhelman amended his motion, seconded by
Council Member Anderson, that the Mayor and Common Council and the
Communi ty Development Commission: (1) approve the joint
development agreement as amended to tie a commission to a
performance schedule, recognizing and taking on face value
statements that Empire A/G Recreation, LLC, has expended $45,000
worth of their own money; that their compensation be $135,000 in
the original proposal, $45,000 to be paid upon signing of the
lease, $45,000 being paid upon completion of the first full year of
operation if 75 percent of their projections are achieved, and that
final payment be made at the end of the second year of full
operation, based on achievement of 90 percent of their performance
projections; that performance points be limited to rooms and
attendance, and that Exhibit D to the lease be eliminated in its
entirety; and further that the lease and related documents be
approved and authorize their execution; and (2) authorize staff to
proceed with financing as proposed. (Note: The vote was taken
20
8/19/1996
after discussion.)
Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA,
commended Council Member Oberhelman for his astute review of the
proposed agreements and stated that an agreement should not be
entered into unless all parties are identified.
Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA,
expressed concern regarding the Department of Public Works
application of state laws for handicap accessibility for public
facilities and commended Council Member Oberhelman for his concern
regarding said project.
Dave Willis, President, Empire & Associates, 12265 World Trade
Center, Suite H, San Diego, CA, expressed concern that the payment
would be tied into performance indicators and offered to pay 100
percent based on participation if TOT (Transient Occupancy Tax) was
excluded.
Donna Conant, 26245 E. Base Line, Highland, CA, inquired if
the City has any control over the concessions and questioned the
language pertaining to the successor and maintenance costs within
the lease.
The
Members
Miller.
motion carried by the following vote: Ayes:
Negrete, Curlin, Arias, Ober'helman, Devlin,
Nays: None. Absent: None.
Council
Anderson,
DEPUTY CITY ATTORNEY EMPENO EXCUSED
At 4:19 p.m., Deputy City Attorney Empeno left the Council
meeting and was replaced by City Attorney Penman.
ECONOMIC DEVELOPMENT
EXCUSED
At 4:19 p.m.,
Steinhaus left the
City Administrator
AGENCY
ADMINISTRATOR
STEINHAUS
Economic Development Agency Administrator
Council meeting and was replaced by Assistant
Wilson.
RE5. 96-264 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ADOPTING THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM
( 19 9 7 / 0 1 ) FOR MEASURE " I " LOCAL EXPEND I TURES AND
AMENDMENT NO. ONE FOR THE 1994/95 PLAN. (22)
Concern was expressed relative to the approval of the item
after completion of such.
Director of Public Works/Engineering Hardgrave explained that
SANBAG (San Bernardino Associated Governments) had instructed him
to proceed in this manner.
Council Member Negrete made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
21
8/19/1996
Resolution No. 96-264 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin,
Anderson, Miller. Nays: None. Absent: None.
PROPOSED NO-SMOKING POLICY - SAN BERNARDINO MULTI-PURPOSE
STADIUM - OUTDOOR FACILITIES - STAMPEDE (R e fer e n c e d
earlier in the meeting - page 17) (51)
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO PROHIBITING SMOKING, ALL USES OF TOBACCO
PRODUCTS AND THE SALE, ADVERTISING AND DISTRIBUTION OF
THE SAME IN ALL AREAS OF CITY STADIA. (Referenced
earlier in the meeting - page 17) (51)
City Clerk Rachel Clark announced that Council Member Curlin
changed his no vote to a yes vote. Therefore, the motion carried
as follows:
Council Member Negrete made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the City Attorney
prepare an ordinance formulating the proper language and
designating smoking areas within the structure of the ballpark
(open seating would be prohibited) and to include any future
structures.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
12.90 OF THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO
REGULATIONS FOR PUBLIC PROPERTY, PUBLIC PLACES AND PUBLIC
IMPROVEMENTS WITHIN ASSESSMENT DISTRICTS.
First (23)
NOTE: The ordinance was not distributed with the backup;
therefore, it will not be available for reference.
Council Member Miller made a motion, seconded by Council
Member Anderson, and unanimously carried, that said ordinance be
continued to the Mayor and Common Council meeting of September 3,
1996 .
APPROVE EXPENDITURE $5,000 INDIAN BINGO FUND
PRELIMINARY ENGINEERING INSTALL TRAFFIC SIGNALS
VICTORIA AVENUE & CITRUS STREET - (5ee related Item No.
56 - page 26) (24)
Roger Hardgrave, Director of Public Works/Engineering,
submitted a Staff Report dated August 5, 1996, requesting approval
of an expenditure of $5,000 from the Indian Bingo Fund for
preliminary engineering for the installation of traffic signals at
Victoria Avenue and Citrus Street.
22
8/19/1996
Council Member Miller made a motion,
Member Anderson, and unanimously carried,
tabled.
seconded by Council
that the matter be
AUTHORIZE DISPOSITION - EXISTING NAVY RESERVE BUILDINGS -
CITY PROPERTY - SOUTHWEST CORNER OF WATERMAN AVENUE &
FOURTH STREET (25)
Roger Hardgrave, Director of Public
submitted a Staff Report dated August 6,
authorization to dispose of the existing Navy
located on city property at the southwest corner
and Fourth Street.
Works/Engineering,
1996, requesting
reserve buildings
of Waterman Avenue
Council Member Oberhelman made a motion, seconded by Council
Member Anderson, and unanimously carried, that a finding be made
that the existing buildings and facilities constructed by the
United States Navy on city-leased property at the southwest corner
of Waterman Avenue and Fourth Street, are of no economic benefit;
and that the Director of Public Works/City Engineer be authorized
to notify the Department of Navy, Southwest Division Naval
Facilities, Engineering Command, that the city would prefer to have
all buildings and facilities demolished.
RES. 96-265 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO
EXTEND THE CLOSE OF ESCROW DESCRIBED IN PIONEER MEMORIAL
CEMETERY SPECIFICATION NO. 15. 05-210A, IN ORDER TO OBTAIN
THE APPROVAL OF A CERTIFICATE OF AUTHORITY WHICH IS
REQUIRED FOR THE SALE OF THE CEMETERY PURSUANT TO
CALIFORNIA LAW. (26)
Concern was expressed relative to placing a time limit on said
resolution.
Council Member Anderson made a motion, seconded by Council
Member Oberhelman, that said resolution be adopted as amended by
interlineation, page one, line nine, to read, "... described in
Pioneer Memorial Cemetery Specification No. 15.05-210A, for 60 days
in order.... II
The motion carried and Resolution No. 96-265
the following vote: Ayes: Council Members Negrete,
Oberhelman, Devlin, Anderson, Miller. Nays: None.
was adopted by
Curlin, Arias,
Absent: None.
AUTHORIZE OVERFILL - GENERAL BUILDING INSPECTOR POSITION
- PLANNING AND BUILDING SERVICES DEPARTMENT (27)
Al Boughey, Director of Planning and
submitted a Staff Report dated July 25,
authorization for the overfill of the General
position with said department.
Building Services,
1996, requesting
Building Inspector
23
8/19/1996
Council Member Negrete made a motion, seconded by Council
Member Devlin, and unanimously carried, that the overfilling of the
position of General Building Inspector in the Planning and Building
Services Department be approved.
RES. 96-266 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART, "A
RESOLUTION. . . PROHIBITING PARKING UPON CERTAIN DESIGNATED
STREETS OR PORTIONS THEREOF.. .," TO ESTABLISH NO PARKING
ANY TIME ZONES ON "E" STREET FROM MILL STREET TO FIVE
HUNDRED FEET NORTH OF MILL STREET, APPLICABLE TO THE EAST
SIDE ONLY; ON "E" STREET FROM TWO HUNDRED FIFTY FEET
NORTH OF VALLEY STREET TO TWO HUNDRED FEET NORTH OF ATHOL
STREET, APPLICABLE TO THE WEST SIDE ONLY; ON MILL STREET
FROM "E" STREET TO "H" STREET; ON RIALTO AVENUE FROM
THREE HUNDRED FEET EAST OF "I" STREET TO "E" STREET; AND
TO ESTABLISH NO PARKING ZONES FROM SEVEN P.M. TO SEVEN
A.M. ON ATHOL STREET FROM "E" STREET TO STODDARD AVENUE;
AND ON "E" STREET FROM MILL STREET TO RIALTO AVENUE,
APPLICABLE TO THE EAST SIDE ONLY. (Continued from August
5, 1996) (28)
RES. 96-267 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION NO. 8234 ENTITLED, IN PART, "A
RESOLUTION. .. ESTABLISHING PARKING TIME LIMITATIONS UPON
CERTAIN DESIGNATED STREETS, ALLEYS, OR PORTIONS
THEREOF...;" AND AUTHORIZING THE EXPANSION OF THE
EXISTING TWO-HOUR PARKING LIMITATIONS TO INCLUDE SUNDAYS,
ON "E" STREET BETWEEN MILL STREET AND RIALTO AVENUE, AND
ON ATHOL STREET BETWEEN "E" STREET AND STODDARD AVENUE.
(Continued from August 5, 1996) (28)
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, that said resolutions be adopted.
Resolution Nos. 96-266 and 96-267 were adopted
following vote: Ayes: Council Members Negrete, Curlin,
Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent:
by the
Arias,
None.
RES. 96-268 - RESOLUTION OF THE CITY OF SAN BERNARDINO
APPROVING AND ADOPTING THE FINAL BUDGET OF SAID CITY FOR
THE FISCAL YEAR 1996-1997. (Continued from August 5,
1996) (29)
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, that said resolution be adopted as amended to
transfer the Project Coordinator position from the City
Administrator's Office to the Code Compliance Division.
Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA,
inquired about the total budget.
24
8/19/1996
Finance Director Barbara Pachon stated that the total city
budget is $148,669,000.
Donna Conant, 26245 E. Base Line, Highland, CA, questioned the
copy charges imposed on the public for public documents.
Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA,
questioned whether an amount was allocated for the installation of
curb ramps.
Roger Hardgrave, Director of Public Works/Engineering, stated
that $75,000 has been allocated within the 1996/97 fiscal year
budget.
The motion carried and Resolution No. 96-268 was adopted by
the following vote: Ayes: Council Members Negrete, Curlin, Arias,
Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None.
ASSISTANT CITY ADMINISTRATOR WILSON EXCUSED
At 4:37 p.m., Assistant City Administrator Wilson left the
Council meeting and was replaced by City Administrator Shauna
Clark.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTIONS 13.32.050, 13.32.120, 13.32.140, 13.32.150,
13.32.160, 13.32.170, 13.32.180 OF THE SAN BERNARDINO
MUNICIPAL CODE AND ADDING SECTION 13.32.215 TO SAID CODE
RELATING TO DISCHARGE OF DOMESTIC LIQUID WASTE INTO THE
SEWAGE TREATMENT SYSTEM OF THE CITY. First (30)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that said ordinance be laid
over for final adoption.
RES. 96-269 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT WITH
LIEBERT, CASSIDY & FRIERSON FOR LABOR RELATIONS TRAINING
SERVICES. (S2)
Council Member Oberhelman made a motion, seconded by Council
Member Anderson, that said resolution be adopted.
Resolution No. 96-269 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin,
Anderson, Miller. Nays: None. Absent: None.
RES. 96-270 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR A YEAR-
ROUND LUNCH PROGRAM AS AN EXTENSION OF THE SUMMER FOOD
SERVICE PROGRAM WITH THE SAN BERNARDINO UNIFIED SCHOOL
DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES AND
SNACKS TO CITY'S YEAR-ROUND LUNCH SITES. (S3)
25
8/19/1996
Council Member Oberhelman made a motion, seconded by Council
Member Anderson, that said resolution be adopted.
Resolution No. 96-270 was
Ayes: Council Members Negrete,
Anderson, Miller. Nays: None.
adopted by the following vote:
Curlin, Arias, Oberhelman, Devlin,
Absent: None.
ESTABLISH SALARIES
ENFORCEMENT TRAINEE
DEPARTMENT
RANGES P-1, P-2, P-3
- EFFECTIVE AUGUST 1, 1996 -
& LAW
POLICE
(S4)
Barbara Dillon, Director of Personnel,
Report dated August 12, 1996, concerning the
salaries for the Police Department, Ranges P-1,
Enforcement Trainee, effective August 1, 1996.
submitted a Staff
establishment of
P-2, P-3, and Law
Council Member Devlin made a motion, seconded by Council
Member Anderson, and unanimously carried, that the salaries for
Police Department Ranges, P-1 (Police Officer) ; P-2
(Detective/Training Officer); P-3 (Sergeant); and Law Enforcement
Trainee be established, effective August 1, 1996, as outlined in
the Staff Report dated August 12, 1996, from Barbara Dillon,
Director of Personnel; and that the Personnel Department prepare an
amendment to Resolution Nos. 6429 and 6413, Section 13.
ESTABLISH SALARIES RANGES P-4, P-5, P-6
EFFECTIVE AUGUST 1, 1996 - POLICE DEPARTMENT
& P-7
(S5)
Barbara Dillon, Director
Report dated August 12, 1996,
salaries for Police Department
effective August 1, 1996.
of Personnel, submitted a Staff
concerning the establishment of
Ranges P-4, P-5, P-6, and P-7,
Council Member Devlin made a motion, seconded by Council
Member Anderson, and unanimously carried, that the salaries for
Police Department Ranges, P-4 (Police Lieutenant); P- 5 (Police
Captain); P-6 (Assistant Chief of Police); and P-7 (Chief of
Police) be established, effective August 1, 1996, as outlined in
the Staff Report dated August 12, 1996, from Barbara Dillon,
Director of Personnel; and that the Personnel Department prepare an
amendment to Resolution No. 6429.
COUNCIL MEMBER MILLER EXCUSED
At 4:41 p.m., Council Member Miller left the Council meeting.
APPROVE PLAN NO. 9543 - AUTHORIZE ADVERTISEMENT FOR BIDS
INSTALL TRAFFIC SIGNALS - VICTORIA AVENUE & CITRUS
STREET (See related Item No. 24 - page 22) (S6)
Roger
submi t ted a
of Plan No.
Hardgrave, Director of Public Works/Engineering,
Staff Report dated August 13, 1996, requesting approval
9543 and authorization to advertise for bids for the
26
8/19/1996
installation of traffic signals at Victoria Avenue and Citrus
Street.
Council Member Oberhelman made a motion, seconded by Council
Member Anderson, and unanimously carried, that the plans for
installation of traffic signals and highway safety lighting at
Victoria Avenue and Citrus Street, in accordance wi th Plan No.
9543, be approved; and that the Director of Public Works/City
Engineer be authorized to advertise for bids.
AUTHORIZE CITY ATTORNEY - ISSUE AMICUS CURIAE BRIEF -
SUPPORT OF ELLIS VS. STATE OF CALIFORNIA - LITIGATION
(NB1)
Council Member Devlin made a motion, seconded by Council
Member Anderson, and unanimously carried, that the matter arose
subsequent to the posting of the agenda.
Council Oberhelman made a motion, seconded by Council Member
Devlin, and unanimously carried, that the City Attorney be directed
to join Ellis vs. State of California as an amicus curiae.
ANNOUNCEMENT - CITY ATTORNEY PENMAN
(4)
City Attorney Penman stated that two years ago, the former
City Council removed two investigator positions from his budget.
Consequently, Dr. Juanita Scott, former Mayor Evlyn Wilcox and
retired Chiefs of Police Warren Cocke and Ben Gonzales filed a law
suit against the Common Council. A writ was issued to reinstate
the positions. The Council appealed the ruling and the Fourth
District Court of Appeals ruled in favor of keeping the two
positions within the budget. The League of California Cities and
the California State Association of Counties petitioned the State
Supreme Court to depublish the opinion which would mean that it
could not be cited as precedence in future cases or future budget
hearings. This morning, the City Attorney's Office received a
letter from the California State Supreme Court that the request for
an order requesting depublication of the opinion in Juanita Scott
vs. Common Council/City of San Bernardino is denied.
27
8/19/1996
ADJOURNMENT
At 4 :47 p.m., the regular meeting adjourned
Monday, August 26, 1996, in the Council Chambers of
North "D" Street, San Bernardino, California.
(31)
to 9:00 a.m.,
City Hall, 300
RACHEL G. CLARK
City Clerk
By
.~~-a L!:~L'
S zanna Cor ova
eputy City Clerk
No. of Items: 40
No. of Hours: 7
28
8/19/1996