HomeMy WebLinkAbout05-01-1995 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
REGULAR MEETING
MAY 1, 1995
COUNCIL CHAMBERS
The regular meeting
City of San Bernardino
Hernandez at 8:04 a.m.,
Chambers of City Hall,
California.
of the Mayor and Common Council of the
was called to order by Mayor Pro Tem
Monday, May 1, 1995, in the Council
300 North "D" Street, San Bernardino,
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Pro Tem Hernandez; Council Members
Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller; City
Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna
Clark. Absent: Council Member Pope-Ludlam.
City Attorney Penman announced that the following additional
cases would be discussed in closed session.
Conference with legal counsel - existing litigation pursuant
to Government Code Section 54956.9(a):
Stubblefield Construction Company. et al. vs. Citv of San
Bernardino - Fourth District Court of Appeals Case No.
E009749 (c/w E010088) ;
Saab vs.
Unified
Appeals
Ci tv of San Bernardino; San Bernardino Ci ty
School District Fourth District Court of
Case No. EOl1467;
City of San Bernardino vs. San Bernardino Citv Unified
School District - San Bernardino County Superior Court
Case No. SCV 09439.
RECESS MEETING - CLOSED SESSION
MEETING - SEE PAGE 7
At 8: 04 a. m., the Mayor and
Development Commission recessed
following:
- REFERENCED LATER IN THE
(1)
Common Council and Community
to closed session for the
1. Pursuant to Government Code Sections.
A. Conference with legal counsel - existing litigation
pursuant to Government Code Section 54956.9(a):
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Sharon McGill. etc. vs. City of San Bernardino. et al. -
Court of Appeals of California, Fourth Appellate District
Court Case No. E011830/San Bernardino Superior Court Case
No. SCV 229990;
Economic Development Aoency vs. Georoe Aquilar San
Bernardino Superior Court Case No. 274061.
B. Conference with legal counsel - anticipated litigation:
Initiation of litigation pursuant to subdivision (c) of
Government Code Section 54956.9(c): one case.
CLOSED SESSION
At 8: 04 a. m., Mayor Pro Tem Hernandez called the closed
session to order in the conference room of the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken with the following being present: Mayor
Pro Tem Hernandez; Council Members Negrete, Curlin, Hernandez,
Oberhelman, Devlin, Miller; City Attorney Penman, City
Administrator Shauna Clark. Absent: Council Member Pope-Ludlam;
City Clerk Rachel Clark.
Also present: Senior Assistant City Attorney Barlow,
Deputy City Attorney Simmons, Deputy City Attorney Empeno,
Margaret Scroggins, Administrati ve Operations Supervisor,
Attorney's Office.
Sr.
and
City
READING OF RESOLUTIONS & ORDINANCES
Deputy City Clerk Hartzel 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.
SENIOR DEPUTY CITY ATTORNEY SIMMONS EXCUSED
At 8:08 a.m., Sr. Deputy City Attorney Simmons left the closed
session.
ADJOURN CLOSED SESSION
At 8:10 a.m., the closed session
Council Chambers of City Hall,
Bernardino, California.
adjourned to 9:00 a.m. in the
300 North "D" Street, San
RECONVENE MEETING
At 9:00 a.m., Mayor Pro Tem Hernandez reconvened the regular
meeting of the Mayor and Common Council of the City of San
Bernardino in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
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ROLL CALL
Roll call was taken by Deputy City Clerk Medina with the
following being present: Mayor Pro Tem Hernandez; Council Members
Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam,
Miller; City Attorney Penman, Deputy City Clerk Medina, City
Administrator Shauna Clark. Absent: None.
ANNOUNCEMENT - MAYOR PRO TEM HERNANDEZ
(3)
Mayor Pro Tem Hernandez announced that Mayor Minor was in the
hospital after suffering a mild heart attack over the weekend and
wished the Mayor a speedy recovery.
INVOCATION
The invocation was given by Reverend Roy R. Harris, Sr.,
Tabernacle Mt. Calvary Holy Church.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Devlin.
APPOINTMENT - PLANNING COMMISSION - MRS. WILLIE M. BRUE -
COUNCIL MEMBER HERNANDEZ (2)
Mayor Minor submitted a Staff Report dated April 24, 1995,
requesting the appointment of Mrs. Willie M. Brue, 1063 S. Lincoln
Avenue, San Bernardino, CA, to the Planning Commission, as
requested by Council Member Hernandez.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the appointment of
Mrs. Willie M. Brue to the Planning Commission, be approved.
COMMENDATION - TOGETHER EVERYONE ACHIEVES MORE - POWER
YOUTH SUMMIT '95 - SAN BERNARDINO COUNTY PUBLIC HEALTH
DEPARTMENT (2A)
J. Lorraine Velarde, Executive Assistant to the Mayor, read a
resolution commending and supporting the efforts of T.E.A.M.
(Together Everyone Achieves More) Power, an empowerment based
alcohol and drug prevention program, which is holding its first
annual T.E.A.M. Power Youth Summit at California State University,
San Bernardino on Saturday, May 13, 1995.
Claudia Erickson, Health Educator, San Bernardino County
Public Health Department, accepted the commendation and extended an
invitation to the Mayor and Council to attend the afternoon general
session of the T.E.A.M. Power Youth Summit on May 13, 1995, from
3:45-5:00 p.m.
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PROCLAMATION - DYSLEXIA AWARENESS WEEK - MAY 1-7, 1995 -
THE ORTON DYSLEXIA SOCIETY, INLAND EMPIRE BRANCH (2B)
J. Lorraine Velarde, Executive Assistant to the Mayor, read a
resolution proclaiming the week of May 1-7, 1995, as Dyslexia
Awareness Week in the City of San Bernardino.
Jerry Weitzman, Publicity Director, The Orton Dyslexia
Society, Inland Empire Branch, accepted the proclamation.
PROCLAMATION - LAW ENFORCEMENT DAY - MAY 4, 1995 - SAN
BERNARDINO AREA CHAMBER OF COMMERCE & THE SUN (2C)
J. Lorraine Velarde, Executive Assistant to the Mayor, read a
resolution proclaiming May 4, 1995, as Law Enforcement Day in the
City of San Bernardino in recognition of professional law
enforcement officers serving our City.
Hank Plotkin and Judi Thompson, President and Executive
Director , respectively, of the San Bernardino Area Chamber of
Commerce, accepted the proclamation and extended an invitation to
all present to attend the Law Enforcement Recognition Dinner to be
held Thursday, May 4, 1995, at the National Orange Show.
PRESENTATION - TOASTMASTERS CLUB 788 - 45TH ANNIVERSARY
(2D)
J. Lorraine Velarde, Executive Assistant to the Mayor, read a
resolution commemorating the 45th anniversary of Toastmasters Club
788, the oldest Toastmasters Club in the City of San Bernardino.
John Marshall, Vice President of Toastmasters Club 788,
accepted the resolution.
PROCLAMATION - DAY OF THE TEACHER - MAY 10, 1995 (2E)
J. Lorraine Velarde, Executive Assistant to the Mayor, read a
resolution proclaiming May 10, 1995, as Day of the Teacher in the
City of San Bernardino.
Lilla Sjostrand, California Retired Teachers' Association #14,
and Alyce Papin, President, San Bernardino Teachers' Association,
accepted the proclamation.
PROCLAMATION - BE KIND TO ANIMALS WEEK - MAY 7-13, 1995
(2F)
J. Lorraine Velarde, Executive Assistant to the Mayor, read a
resolution proclaiming May 7-13, 1995, as Be Kind to Animals Week
in the City of San Bernardino.
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Susan Dawson, Executive Director, Humane Society of the San
Bernardino Valley, and Debi Biggs, Director, San Bernardino Animal
Control Department, accepted the proclamation. Ms. Biggs invited
those present to attend the Pet Care Fair on Saturday, May 6, 1995,
12:00-3:00 p.m. at the animal shelter.
AWARD - RUTH OSBORN - 1995 SENIOR CITIZEN OF THE YEAR -
PARKS, RECREATION & COMMUNITY SERVICES (2G)
J. Lorraine Velarde, Executive Assistant to the Mayor, read a
resolution commending Ruth Osborn, an eight-year volunteer with the
Parks, Recreation and Community Services Department, for her
outstanding volunteer efforts and honoring her as Senior Citizen of
the Year for 1995. Mrs. Osborn volunteered 950 hours during 1994.
Cynthia Brooks, Senior Citizens Service Center Manager, and
Oscar Perrier, Senior Recreation Supervisor, Parks, Recreation and
Community Services Department, presented a plaque to Ruth Osborn.
Ruth Osborn also received commendations from Marti Rodriguez
on behalf of Senator Ruben Ayala; Michael Townsend on behalf of
Assemblyman Joe Baca; Phyllis Poulos from Supervisor Jerry Eaves
Office on behalf of the County Board of Supervisors; and letters of
commendation from Congressman George Brown, Jr., Senator Barbara
Boxer, and President Bill Clinton.
PRESENTATION - VOLUNTEERS - CITY llALL LOBBY - CHURCH OF
JESUS CHRIST OF LATTER DAY SAINTS (2H)
J. Lorraine Velarde, Executive Assistant to the Mayor, read a
resolution commending the City Hall lobby volunteers, missionaries
from the Church of Jesus Christ of Latter Day Saints, for donating
1,580 hours during the past year, representing over $15,800 in
compensation.
James Jarvis and Jeremy Bogard accepted the commendation on
behalf of the over 200 young men who have served as volunteers in
the City Hall lobby during the past year.
ANNOUNCEMENT - COUNCIL MEMBER CURLIN
(3A)
Council Member Curlin wished Mayor Minor a speedy recovery,
commented on the stress placed on those who serve in elected
offices, assured the citizens that there would be no interruption
in handling City business, and explained the function of Mayor Pro
Tem.
Council Member Curlin stated that a reporter from The Sun
newspaper had called him regarding an ad placed in The Sun
soliciting candidates to run against Mr. Penman for City Attorney,
and stating that Council Member Curlin's name had been mentioned as
one of the principals involved in this effort. He stated that he
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,
had assured the reporter, and subsequently Mr. Penman, that he was
not in any way responsible for the advertisement.
Council Member Curlin announced that on Wednesday, May 10,
1995, at 7:00 p.m., the Human Relations Commission would sponsor an
educational forum on the Civil Rights Initiative concerning the
Affirmative Action Program, and the program would be televised live
on KCSB-Channel 3 and KCVR-Channel 24.
ANNOUNCEMENT - COUNCIL MEMBER OBERHELMAN
(3B)
Council Member Oberhelman wished h:.s father a "Happy Birthday"
in honor of his 82nd birthday. He also wished a speedy recovery to
the Mayor, as well as two members of the Telecommunications
Division, Frank Keller, CATV Manager, who recently underwent
surgery, and Mansie Booker, Video production Coordinator, who was
also hospitalized due to a heart attack.
Council Member Oberhelman invited all residents to the
Founders Day Celebration, which marks the 185th anniversary of the
founding of San Bernardino, on May 12, 1995, at Court Street Square
and City Hall beginning at 1:30 p.m.; and to The Legend of the
Arrowhead, a musical written specifically to celebrate the founding
of San Bernardino, to be presented May 18-20, 1995, at the
California Theater.
ANNOUNCEMENT - COUNCIL MEMBER DEVLIN
(3C)
Council Member Devlin wished a speedy recovery to Mayor Minor,
Frank Keller, and Mansie Booker.
ANNOUNCEMENT - COUNCIL MEMBER POPE-LUDLAM
(3D)
Council Member Pope-Ludlam extended best wishes and a speedy
recovery to Mayor Minor, Frank Keller, and Mansie Booker.
ANNOUNCEMENT - COUNCIL MEMBER MILLER
(3E)
Council Member Miller extended best wishes to Mayor Minor and
urged everyone to see the production of Brigadoon currently playing
at the California Theater.
ANNOUNCEMENT - MAYOR PRO TEM HERNANDEZ
(3F)
Mayor Pro Tem Hernandez announced that President Clinton had
proclaimed Thursday, May 4, 1995, as a National Day of Prayer, and
invited the public to come and participate in the National Day of
Prayer from 12:15-12:45 p.m., May 4, 1995, in the Council Chambers
of City Hall.
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ANNOUNCEMENT - CITY ADMINISTRATOR SHAUNA CLARK (3G)
City Administrator Shauna Clark stated that Mayor Minor would
be missed and wished him well.
CLOSED SESSION - REFERENCED PREVIOUSLY IN THE MEETING -
SEE PAGE 1 (IA)
City Attorney Penman announced that the
San Bernardino Superior Court Case No.
discussed in closed session.
Estate of Larry Nash -
SPR 56637, had been
PUBLIC COMMENTS - JEFF WRIGHT
(4)
Jeff Wright, P.O. Box 2341, San Bernardino, CA, requested that
the Council adjourn the meeting in remembrance of Vietnam veterans,
those who protested the Vietnam War, and those who died in the
Oklahoma City bombing.
PUBLIC COMMENTS - RUBEN LOPEZ
(4A)
Ruben Lopez, 631 W. 16th Street, San Bernardino, CA, commented
on the current residential addresses of some Council Members, read
an article from The Sun on vote trading, and commended City
Attorney Penman for doing a good job.
PUBLIC COMMENTS - MARION VASSILAKOS
(4B)
Marion Vassilakos, 6380 Denair, San Bernardino, CA, presented
copies of a booklet dated April 1995, prepared by the League of
Women Voters entitled, "Spotlight on San Bernardino Redevelopment"
for the Mayor, Council, and members of the Economic Development
Agency, and announced an upcoming bus tour of San Bernardino
Redevelopment Project Areas sponsored by the League, to be held May
13, 1995, 8:00 a.m. to noon. The tour will begin at the League
office, 568 N. Mt. View, San Bernardino, California.
PUBLIC COMMENTS - TERRY MOLL
(4C)
Terry Moll, 6705 N. Steven Way, San Bernardino, CA, read from
various articles in The Sun newspaper and questioned the motives of
the citizens committee advertising in The Sun for a candidate to
run against City Attorney Penman.
PUBLIC COMMENTS - KEITH STAVA
(4D)
Keith Stava, San Bernardino Civic Light Opera Association,
P.O. Box 606, San Bernardino, CA, extended an invitation to attend
the production of Brigadoon, playing May 4 through May 7, 1995, at
the California Theater and thanked the Council for their continued
interest and support of the California Theater.
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PUBLIC COMMENTS - JOAN MONGIELLO
(4E)
Joan Mongiello, 1804 State Street, San Bernardino, CA, asked
for information on how to redress issues when a person fails to get
satisfaction through the channels established by the City and
Common Council.
ANNOUNCEMENT - CITY ADMINISTRATOR SHAUNA CLARK (3H)
City Administrator Shauna Clark asked that agenda Item 29, the
Police Management Audit, be considered at this time, as the
representatives from Ralph Andersen and Associates had a return
flight scheduled to Sacramento.
POLICE MANAGEMENT AUDIT REPORT POLICE
RALPH ANDERSEN & ASSOCIATES - REFERENCED
MEETING - SEE PAGE 28
DEPARTMENT
LATER IN THE
(29)
Fred Wilson, Assistant City Administrator, submitted a Staff
Report dated April 26, 1995, regarding the Police Management Audit
Report findings and recommendations made by Ralph Andersen &
Associates, 1446 Ethan Way, Suite 101, Sacramento, CA.
Assistant City Administrator Wilson introduced Clay Brown and
Roland Dart of Ralph Andersen & Associates. Clay Brown made an
overhead presentation of the Police Management Audit Report that
outlined the findings and recommendations made by his firm.
Discussion ensued regarding the audit findings and
recommendations. It was noted that some of the Council's concerns
regarding manpower requirements had not been fully addressed, and
that certain staff positions within the Police Department are
mandated by the City Charter. Council acknowledged that people
want to know what services are enhanced through the extension and
expansion of Assessment District No. 994, including response levels
and statistics relative to the reduction of crime.
City Administrator Shauna Clark stated that Assessment
District No. 994, City-Wide Street Sweeping and Street Lighting,
would not be on the November ballot because the strategic plan is
not yet in place.
Roland Dart answered questions regarding the criteria used to
reach the conclusions and recommendations contained in the audit
report.
COUNCIL MEMBER CURLIN EXCUSED
At 10:49 a.m., Council Member Curlin left the Council meeting.
Due to the complexity and number of Council inquiries
regarding the audit, and the time constraints imposed by the
imminent return to Sacramento by Mr. Brown and Mr. Dart, it was
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suggested that a workshop be scheduled specifically to address this
agenda item.
Council Member Negrete made a motion, seconded by Council
Member Devlin, and unanimously carried, that the matter be
continued to an unspecified date for a special meeting in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California; and that all issues and recommendations in
the report be placed on hold until the time of said meeting.
RECESS MEETING
At 10:53 a.m., Mayor Pro Tem Hernandez declared a five-minute
recess.
RECONVENE MEETING
At 11:00 a.m., Mayor Pro Tem Hernandez reconvened the regular
meeting of the Mayor and Common Council of the City of San
Bernardino in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
ROLL CALL
Roll call was taken by Deputy City Clerk Medina with the
following being present: Mayor Pro Tem Hernandez; Council Members
Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam,
Miller; Senior Assistant City Attorney Barlow, Timothy Sabo, Legal
Counsel to the Economic Development Agency, Deputy City Clerk
Medina, Economic Development Agency Administrator Timothy
Steinhaus. Absent: None.
COMMUNITY DEVELOPMENT COMMISSION - SAN BERNARDINO JOINT
POWERS FINANCING AUTHORITY - JOINT REGULAR MEETING
At 11:00 a.m., Vice Chairman Hernandez called the joint
regular meeting of the Community Development Commission/San
Bernardino Joint Powers Financing Authority and Mayor and Common
Council to order in the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California.
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R3)
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 agenda
of the Community Development Commission, be waived.
SET PUBLIC HEARING - FISCAL YEAR 1995/1996 CONSOLIDATED
PLAN - FEDERAL GRANT/ENTITLEMENT FUNDS (RS)
Barbara Lindseth, Act ing Director, Development Department,
Economic Development Agency, submitted a Staff Report dated April
24, 1995, relative to setting a public hearing to consider the
Fiscal Year 1995/1996 Consolidated Plan which addresses the use of
Federal Grant/Entitlement Funds.
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Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that May 15, 1995, at 3:00
p.m., be established as the date and time for the Fiscal Year
1995/1996 Consolidated Plan Public Hearing which addresses the use
of Federal Grant/Entitlement Funds (such as Community Development
Block Grant, Home Investment Partnership Act, and Emergency Shelter
Grant Program) .
INSTALL STREET LIGHTS BASE LINE STREET FROM "H"
STREET TO WATERMAN AVENUE - PLAN NO. 9287 - APPROVE PLANS
& AUTHORIZE ADVERTISEMENT FOR BIDS FINALIZE COST
ESTIMATE - ARBORIZATION OF BASE LINE STREET (R6)
Roger
submi t ted a
installation
finalization
Street.
Hardgrave, Director of Public Works/City Engineer,
Staff Report dated April 26, 1995, regarding the
of twenty-nine (29) additional street lights and
of the cost estimate for arborization of Base Line
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that the plans for
installation of twenty-nine (29) additional street lights on Base
Line Street, from "H" Street to Waterman Avenue, in accordance with
plan No. 9287, be approved; that the Director of Public Works/City
Engineer be authorized to advertise for bids; and that staff be
authorized to proceed with finalizing the cost estimate for
arborization of Base Line Street, in an amount not to exceed
$68,915.
SET JOINT PUBLIC HEARING MAY 15, 1995 - UNITED STATES
POSTAL SERVICE REMOTE ENCODING CENTER - LEASE TRANSACTION
- GIFFORD INDUSTRIAL PARK, LTD. (R7)
Timothy Steinhaus, Economic Development Agency Administrator,
submitted a Staff Report dated April 20, 1995, giving a synopsis of
past actions relative to locating a United States Postal Service
(USPS) Remote Encoding Center in the City of San Bernardino.
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that the Mayor and Common
Council and the Community Development Commission set Monday, May
15, 1995, at 11:00 a.m., in the Council Chambers of City Hall, as
the date, time, and place to hold a joint public hearing to
consider entering into a lease transaction with Gifford Industrial
Park, Ltd.
AUTHORIZE STAFF PROVISION - $40,000 - IN-KIND SERVICES TO
BLAST, CLEAN, WATERPROOF - CIVIC CENTER PARKING - FIVE-
LEVEL PARKING STRUCTURE - AUTHORIZE REQUEST FOR PROPOSAL
- EXPANSION JOINT IMPROVEMENT (R8A)
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James Sharer, Facilities Manager, submitted a Staff Report
dated April 26, 1995, relative to the Civic Center five-level
parking structure improvement project.
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that the Mayor and Common
Council authorize staff to provide $40,000 of in-kind services in
order to accomplish the power blasting, cleaning, and waterproofing
of the 5th level of the civic Center five-level parking structure,
and to direct staff to proceed with a request for proposals for
expansion joint improvement of the 5th level.
RES. 95-126 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO TO APPROVE THE SALVATION
ARMY-SAN BERNARDINO CORPS., HOMELESS SHELTER UTILITY
PAYMENTS PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY AND THE SALVATION ARMY-SAN
BERNARDINO CORPS., TO BE DRAFTED IN CONFORMANCE WITH THE
ATTACHED STAFF REPORT. (R9A)
RES. 95-127 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO TO APPROVE THE OPTION
HOUSE, INC., HOMELESS SHELTER UTILITY PAYMENTS PROGRAM
AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN
THE CITY AND THE OPTION HOUSE, INC., TO BE DRAFTED IN
CONFORMANCE WITH THE ATTACHED STAFF REPORT. (R9B)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that said resolutions be adopted.
Resolution Nos. 95-126 and 95-127 were adopted by the
following vote: Ayes: Council Members Negrete, Curlin, Hernandez,
Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent:
None.
RECESS MEETING
At 12:27 p.m., the joint regular meeting of the Mayor and
Common Council and Community Development Commission/San Bernardino
Joint Powers Financing Authority recessed to 2:00 p.m., in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
RECONVENE MEETING
At 2:05 p.m., Mayor Pro Tem Hernandez reconvened the regular
meeting of the Mayor and Common Council of the City of San
Bernardino in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
ROLL CALL
Roll call was taken by Deputy City Clerk Medina with the
following being present: Mayor Pro Tem Hernandez; Council Members
Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam,
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Miller; Deputy City Attorney Empeno, Deputy City Clerk Medina,
Planning and Building Services Director Boughey. Absent: None.
RES. 95-128 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DETERMINING
THAT PROPER LAND USE PLANNING MAY BE ACCOMPLISHED IN THE
VICINITY OF THE SAN BERNARDINO INTERNATIONAL AIRPORT.
(36)
Council Member Oberhelman made a Dotion, seconded by Council
Member Curlin, that further reading of the resolution be waived,
that the Mayor and Common Council adopt the resolution determining
that proper land use planning can occur consistent with the
requirements of a comprehensive airport land use plan, without the
establishment of an Airport Land Use Commission; and that said
resolution be adopted.
The motion carried, and Resolution No. 95-128 was adopted by
the following vote: Ayes: Council Members Negrete, Curlin,
Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: None. Abstain:
Council Member Miller. Absent: None.
DEPUTY CITY ATTORNEY EMPENO EXCUSED
At 2:09 p.m., Deputy City Attorney Empeno left the Council
meeting and was replaced by City Attorney Penman.
PLANNING & BUILDING SERVICES DIRECTOR BOUGHEY EXCUSED
At 2:09 p.m., Planning and Building Services Director Boughey
left the Council meeting.
ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR STEINHAUS &
TIMOTHY SABO, LEGAL COUNSEL TO THE ECONOMIC DEVELOPMENT
AGENCY, RETURNED
At 2:10 p.m., Economic Development Agency Administrator
Steinhaus and Timothy Sabo, legal counsel to the Economic
Development Agency, returned to the Council meeting.
DEBT SERVICE RESERVE FUND RESTRUCTURING
DEVELOPMENT AGENCY
ECONOMIC
(R11B)
Barbara Lindseth, Acting Director, Development Department,
Economic Development Agency, submitted a Staff Report dated April
25, 1995, regarding the Debt Service Reserve Fund restructuring.
Acting Director Lindseth answered questions from the Council
and explained that the restructuring would permit the Economic
Development Agency and the City to receive the present value of the
reserve funds' future interest payments in excess of what the
reserve funds are currently earning; in essence, a method to borrow
against the interest earnings and to receive a lump sum payment at
this time.
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Discussion ensued regarding the involvement of Miller &
Schroeder Financial, Inc., in assisting staff to solicit bids for
restructuring the Debt Service Reserve Funds. There was concern
that the City and Economic Development Agency should go out to bid
for these services.
Council Member Negrete made a motion, seconded by Council
Member Pope-Ludlam, that the Mayor and Common Council authorize
staff, together with the financial consultant, Miller & Schroeder
Financial, Inc., to issue a request for bids from investment
bankers and investment agreement providers for the restructuring of
the staff designated Debt Service Reserve Funds and to submit the
bids as received to the Mayor and Common Council for acceptance and
award of the best bid at the first available meeting date.
The motion carried by the following vote: Ayes:
Members Negrete, Curlin, Hernandez, Pope-Ludlam. Nays:
Members Oberhelman, Devlin, Miller. Absent: None.
Council
Council
RECESS MEETING
At 2:45 p.m., Mayor Pro Tem Hernandez declared a five-minute
recess.
RECONVENE MEETING
At 2:50 p.m., Mayor Pro Tem Hernandez reconvened the regular
meeting of the Mayor and Common Council of the City of San
Bernardino in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
ROLL CALL
Roll call was taken by Deputy City Clerk Medina with the
following being present: Mayor Pro Tem Hernandez; Council Members
Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam,
Miller; City Attorney Penman, Deputy City Clerk Medina, City
Administrator Shauna Clark. Absent: None.
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5)
Council Member Curlin made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that full reading of
the resolutions and ordinances on the regular and supplemental
agenda of the Mayor and Common Council be waived.
COUNCIL MINUTES
(6)
Council Member Curlin made a motion, seconded by Council
Member Oberhelman, 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; March
6, 1995; March 20, 1995.
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RES. 95-129 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE CITY'S PARTICIPATION IN THE SAN
BERNARDINO COUNTY OPERATIONAL AREA AND AUTHORIZING THE
MAYOR TO SIGN THE SAN BERNARDINO COUNTY OPERATIONAL AREA
DISASTER RESPONSE AND RECOVERY ORGANIZATION AGREEMENT
(MARCH 31, 1995 VERSION) (EXHIBIT A) . (9)
RES. 95-130 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER TO CENTER CHEVROLET FOR THE
FURNISHING AND DELIVERY OF ONE (1) EACH 3/4 TON UTILITY
TRUCK TO BE UTILIZED BY THE FIRE DEPARTMENT OF THE CITY
OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-
95-22. (12)
Council Member Curlin made a motion, seconded by Council
Member Oberhelman, that said resolutions be adopted.
Resolution Nos. 95-129 and 95-130 were adopted by the
following vote: Ayes: Council Members Negrete, Curlin, Hernandez,
Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent:
None.
CLAIMS AND PAYROLL
(13)
Council Member Curlin made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the claims and
payroll and authorization to issue warrants as listed on the
memorandum dated April 25, 1995, from the Director of Finance, be
approved.
PERSONNEL ACTIONS
(14)
Council Member Curlin made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the personnel
actions submitted by the Chief Examiner dated April 20, 1995, in
accordance with Civil Service Rules and Personnel policies adopted
by the Mayor and Common Council of the City of San Bernardino, be
approved and ratified.
RES. 95-131 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR
PROFESSIONAL ENGINEERING SERVICES WITH McDANIEL
ENGINEERING COMPANY FOR AN INDEPENDENT CHECK OF BRIDGE
CALCULATIONS FOR BRIDGES ALONG ORANGE SHOW ROAD
EXTENSION. (15)
Council Member Curlin made a motion, seconded by Council
Member Oberhelman, that said resolution be adopted.
Resolution No. 95-131 was adopted by the following vote:
Ayes: Council Members Negrete, Curl in, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
14
5/1/95
ACCEPT RECOMMENDATION - HANDICAP ACCESSIBILITY APPEALS
BOARD EXCEPTION TO STANDARD
PROVISION FOR HANDICAP ACCESS -
NORTH OF SECOND STREET
48 - INCH WIDE SIDEWALK
WEST SIDE OF "E" STREET,
(16)
Roger Hardgrave, Director of Public Works/City Engineer,
submitted a Staff Report dated April 17, 1995, regarding the
recommendation by the Handicap Accessibility Appeals Board that the
provision of the standard 48-inch wide public sidewalk along "E"
Street, north of Second Street, would constitute an unreasonable
hardship.
Council Member Curlin made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the recommendation
by the Handicap Accessibility Appeals Board, that the provision of
the standard 48-inch width for the public sidewalk along "E" Street
(west side), north of Second Street, would constitute an
unreasonable hardship, be accepted; and that an exception be
granted for the actual width of 40 inches.
RES. 95-132 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING COST OF ABATEMENTS AND IMPOSING LIENS ON
CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY
OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF
PUBLIC NUISANCES. (Building Abatements) (7)
Deputy City
resolution should
Flores Street.
Clerk Medina stated that Exhibit "A" of
be amended to delete the following address:
the
2327
Council Member Oberhelman made a motion, seconded by Council
Member Curlin, that said resolution be adopted; and that Exhibit
"A" be amended to delete the following address: 2327 Flores
Street.
The motion carried, and Resolution No. 95-132 was adopted by
the following vote: Ayes: Council Members Negrete, Curlin,
Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None.
Absent: None.
RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A LEASE
PURCHASE AGREEMENT TO KOCH FINANCIAL CORPORATION FOR THE
FINANCING OF EIGHTEEN (18) EACH, AUTOMATED SIDE LOADING
REFUSE TRUCK CAB AND CHASSIS AND BODIES, TO BE UTILIZED
BY THE PUBLIC SERVICES DEPARTMENT IN ACCORDANCE WITH BID
SPECIFICATION F-95-06 AND F-95-07. (Discussed later in
the meeting) (See page 22) (8)
Council Member Oberhelman inquired as to how many of these
particular vehicles the City currently has and how long they are
expected to last. It was the consensus of the Mayor Pro Tem and
Council to discuss this matter later in the meeting when this
15
5/1/95
information had been obtained.
RES. 95-133 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT AND THE 15
POINT AMENDMENT TO FOOD SERVICE AGREEMENT FOR A YEAR-
ROUND LUNCH PROGRAM AS AN EXTENSION OF THE SUMMER FOOD
SERVICE PROGRAM, ATTACHED AS ATTACHMENT 2 OF THE
AGREEMENT, WITH THE SAN BERNARDINO UNIFIED SCHOOL
DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES AND
SNACKS TO CITY'S YEAR-ROUND LUNCH SITES. (10)
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, that said resolution be adopted.
Resolution No. 95-133 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A
PURCHASE ORDER TO DICTAPHONE CORPORATION FOR THE
FURNISHING AND DELIVERY OF A LOGGING RECORDER SYSTEM, TO
BE UTILIZED BY THE POLICE DEPARTMENT IN ACCORDANCE WITH
BID SPECIFICATION F-95-16. (11)
Diane Arlinsky, Lanier, 1932 E. Deere Avenue, #B120, Santa
Ana, CA, whose firm submitted a bid to furnish a logging recorder
system, spoke on the merits of the Lanier equipment versus the
Dictaphone equipment. She stated that their equipment had more
capabilities than what was required in the bid specifications at a
savings to the City of approximately $36,000.
Adam Holden, Dictaphone Corporation, 5757 Wilshire Boulevard,
#M103, Los Angeles, CA, stated that his company is the only vendor
that manufactures what the City's bid specifications required; that
their equipment would minimize risk and decrease liability for the
City, as it is capable of recording both sides of telephone and
radio conversations coming through the Police dispatch center.
City Administrator Shauna Clark said she would like to see
this item continued, as there is a significant difference in the
bid price.
Discussion ensued regarding what kind of equipment the County
uses, whether the required equipment would have been provided if
the City had contracted with the County, and whether the County
system could yet provide this recording equipment.
Council Member
Member Curlin, and
continued to May 15,
300 North "D" Street,
Negrete made a motion, seconded
unanimously carried, that the
1995, in the Council Chambers of
San Bernardino, California.
by Council
matter be
City Hall,
16
5/1/95
PUBLIC HEARING - IMPOSING LIENS ON PROPERTY - UNCOLLECTED
BUSINESS REGISTRATION FEES (19)
This is the time and place set
consider imposing liens on real property
San Bernardino for uncollected business
for a public hearing to
located within the City of
registration fees.
City Clerk Rachel Clark submitted a Staff Report dated April
12, 1995, relative to imposing liens on parcels of property located
within the City for uncollected business registration fees.
Mayor Pro Tem Hernandez opened the hearing.
Deputy City Clerk Medina stated that Exhibit "A" of the
resolution should be amended to delete the following addresses:
3701 N. Genevieve Street, 3733 N. Genevieve Street, 3767 N.
Genevieve Street, 243 E. 18th Street, 1267 N. "G" Street, 1150 E.
Rialto Avenue, 902 N. "D" Street, 245 N. Waterman Avenue, 1026 W.
5th Street, 3858 Arlington Drive, and 444 W. Oak Street.
RES. 95-134 - 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. (19)
Council Member Curlin made a motion, seconded by Council
Member Miller, that the hearing be closed; that said resolution be
adopted, and that Exhibit "A" be amended to delete the following
addresses: 3701 N. Genevieve Street, 3733 N. Genevieve Street,
3767 N. Genevieve Street, 243 E. 18th Street, 1267 N. "G" Street,
1150 E. Rialto Avenue, 902 N. "D" Street, 245 N. Waterman Avenue,
1026 W. 5th Street, 3858 Arlington Drive, and 444 W. Oak Street.
The motion carried, and Resolution No. 95-134 was adopted by
the following vote: Ayes: Council Members Negrete, Curlin,
Hernandez, Oberhelman, Devlin, Miller. Nays: Council Member Pope-
Ludlam. Absent: None.
PUBLIC HEARING ALLEY VACATION BETWEEN SONORA &
PALMYRA DRIVES AND RALSTON AVENUE & 40TH STREET (20)
This is the time and place set for a public hearing to
consider an alley vacation between Sonora and Palmyra Drives and
between Ralston Avenue and 40th Street.
Roger Hardgrave, Director of Public
submi t ted a Staff Report dated April 11,
vacation of the alley lying between Palmyra
between Ralston Avenue and 40th Street.
Works/City Engineer,
1995, regarding the
and Sonora Drives and
Mayor Pro Tem Hernandez opened the hearing.
17
5/1/95
--- !
RES. 95-135 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ORDERING THE VACATION OF THE 20.00 FOOT WIDE ALLEY LYING
GENERALLY NORTHEASTERLY/SOUTHWESTERLY, BETWEEN SONORA
DRIVE AND PALMYRA DRIVE AND BETWEEN RALSTON AVENUE AND
40TH STREET, AND RESERVING AN EASEMENT FOR EMERGENCY AND
SERVICE VEHICLE ACCESS, PUBLIC UTILITIES, AND ACCESS FOR
ABUTTING PROPERTIES THEREIN. (20)
Council Member Miller made a motion, seconded by Council
Member Pope-Ludlam, that the hearing be closed and the Findings of
Fact as set forth in the Staff Report dated April 11, 1995, from
Roger G. Hardgrave, Director of Public Works/City Engineer, as to
why that certain 20.00 foot alley between Sonora Drive and Palmyra
Drive and between Ralston Avenue and 40th Street, is no longer
necessary for street purposes, be approved; and that said
resolution be adopted.
The motion carried, and Resolution No. 95-135 was adopted by
the following vote: Ayes: Council Members Negrete, Curlin,
Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: Council Member
Hernandez. Absent: None.
PUBLIC HEARING INCREASE AMBULANCE SERVICE RATES
COURTESY AMBULANCE COUNCIL MEMBER POPE-LUDLAM
CONTINUED FROM APRIL 17, 1995 (18)
This is the time and place continued to consider an increase
to the ambulance service rates imposed by Courtesy ambulance within
the City of San Bernardino.
Peggy Ducey, Assistant to the City Administrator, submitted a
Staff Report on May 1, 1995, relative t.o the proposed increase in
ambulance service rates.
Mayor Pro Tem Hernandez opened the hearing.
Assistant to the City Administrator Peggy Ducey presented a
synopsis of actions taken on this matter and delineated some of the
pertinent provisions contained in the proposed Memorandum of
Understanding between the City and Courtesy Ambulance, such as a
rate schedule and definitions of how the rates would be applied, a
provision to ensure that Courtesy would accept Medicare
assignments, a provision for financial hardship cases, and
assistance in development of priority dispatching and Medicare
billing for City paramedic services.
Discussion ensued regarding the rate increases and the fact
that a comparison of the old rates versus the new rates had been
specifically requested by the Ways and Means Committee to
substantiate the rate increases being requested, yet this
information was not included in the Council's backup material.
Council also wanted detailed information on how the rates for the
18
5/1/95
---,--
City were set.
Harry Gershon, Richards, Watson & Gershon, Attorneys at Law,
333 S. Hope Street, Los Angeles, CA, spoke in support of the
increase in ambulance rates, stating that virtually everything
Courtesy Ambulance buys, as well as the services they provide, have
increased in cost. He stated that because there have not been
periodic rate increases over the past six years, the Council is now
faced with a seemingly large increase.
Steve Rice, President and Chief Executive Officer, Courtesy
Ambulance, 388 W. 7th Street, San Bernardino, CA, answered
questions relative to San Bernardino County rates and how they were
established. He noted that the information supplied to the County
when the County set its rates did include information for the City
of San Bernardino.
There was further discussion relative to the formula used to
determine rates, the permit process as far as vehicle operation is
concerned, whether the Council's action to set rates is in
conformance with the Municipal Code, and the fact that the proposed
rates for the City are the same as the rates approved by the County
in 1993.
RES. 95-136 - RESOLUTION OF THE CITY OF SAN BERNARDINO
APPROVING A MEMORANDUM OF UNDERSTANDING FOR AMBULANCE
TRANSPORT SERVICES WITH COURTESY AMBULANCE SERVICES OF
SAN BERNARDINO. (18)
Council Member Negrete made a motion, seconded by Council
Member Curlin, that the hearing be closed.
The motion carried by the following vote: Ayes:
Members Negrete, Curlin, Hernandez, Devlin, Pope-Ludlam,
Nays: Council Member Oberhelman. Absent: None.
Council
Miller.
Council Member Miller made a motion, seconded by Council
Member Devlin, that the matter be referred to the Way and Means
Committee.
The
Members
Negrete,
motion failed by the following vote: Ayes:
Oberhelman, Devlin, Miller. Nays: Council
Curlin, Hernandez, Pope-Ludlam. Absent: None.
Council
Members
Discussion continued regarding the two main concerns of the
Council: I} are the requested increases justified by the revenues
and expenses; and 2) is the Council taking action that is in
conflict with the City's Municipal Code by granting an exclusive
right to Courtesy Ambulance to provide ambulance services within
the City.
19
5/1/95
--1------.
Council Member Pope-Ludlam made a motion, seconded by Council
Member Negrete, that said resolution be adopted; and that the chart
comparing current rates and proposed rates be included in the
Memorandum of Understanding.
The motion carried, and
the following vote: Ayes:
Hernandez, Pope-Ludlam. Nays:
Miller. Absent: None.
Resolution No. 95-136 was adopted by
Council Members Negrete, Curlin,
Council Members Oberhelman, Devlin,
COUNCIL MEMBER
At 4:07 p.m.,
meeting.
POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council
COUNCIL MEMBER
At 4: 08 p. m. ,
meeting.
OBERHELMAN EXCUSED
Council Member Oberhelman
left
the
Council
ORD. MC-937 - ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING SECTION 5.04.355, SUBSECTION D, OF THE SAN
BERNARDINO MUNICIPAL CODE RELATING TO SOLICITING,
SELLING, ADVERTISING AND BEGGING. Final (17)
Council Member Miller made a motion, seconded by Council
Member Devlin, that said ordinance be adopted.
Ordinance No. MC-937 was adopted by the following vote:
Council Members Negrete, Curlin, Hernandez, Devlin, Miller.
None. Absent: Council Members Oberhe2man, Pope-Ludlam.
Ayes:
Nays:
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
SECTIONS 8.24.181,8.24.182,8.24.183,8.24.184,8.24.185
AND 8.24.186 TO THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO THE DISPOSAL OF SCRAP TIRES. (Continued from
April 3, 1995) Final (21)
Council Member Curlin made a motion, seconded by Council
Member Negrete, and unanimously carried, that said ordinance be
continued to the Mayor and Council meeting of May 15, 1995, in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
COUNCIL MEMBERS OBERHELMAN & POPE-LUDLAM RETURNED
At 4:11 p.m., Council Members Oberhelman and Pope-Ludlam
returned to the Council meeting and took their places at the
council table.
PURCHASE COMPUTER SYSTEM CITY ATTORNEY'S
CONTINUED FROM APRIL 17, 1995
OFFICE
(22)
This is the time and place continued to consider the purchase
of a computer system for the City Attorney's Office.
20
5/1/95
Shauna Clark, City Administrator, gave a synopsis of previous
actions taken relative to acquiring computer equipment for the City
Attorney's Office and explained the rationale of why the City
Attorney's Office needs to be on a system separate from other City
departments at an additional cost of approximately $50,000. She
stated that the bid process had been completed, and staff would
make a presentation of what was included in the proposal made by
the lowest bidder; however, the City Attorney's Office had some
concerns with the bid as presented.
City Attorney Penman stated that the existing bid did not
include numerous items his office needs, and that Management
Information Services should confer with his staff, develop a
program his office can work with, and put it out to bid.
Janis Ingels, Director, Management Information Services,
agreed that the City Attorney's Office should be on a separate
system, and stated that the City had already received a bid that
included what the City Attorney's Office needs, plus some
additional software, at a cost of approximately $20,000 less than
the previous recommendation brought forth by the City Attorney's
Office.
Discussion continued regarding the bid specifications, the
cost savings that would be realized by awarding the contract to the
low bidder, and why the City Attorney's Office needs a separate
system.
Council Member Devlin made a motion, seconded by Council
Member Curlin, that all bids be rejected and that the matter be
referred back to the City Attorney's Office.
The motion carried by the following vote: Ayes:
Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam,
Nays: Council Member Hernandez. Absent: None.
Council
Miller.
REIMBURSE CITY ATTORNEY PAYMENT OF LEGAL FEES
$2,182.58 - INCURRED TO CONTEST ACCUSATIONS BY COUNCILMAN
RALPH HERNANDEZ AT THE STATE BAR - CONTINUED FROM APRIL
17, 1995 (23)
This is the time and place continued to consider reimbursing
City Attorney Penman for legal fees to contest accusations by
Council Member Ralph Hernandez at the State Bar.
Council Member Hernandez stated he had appealed the decision
made by the State Bar and was awaiting a ruling.
Council Member Pope-Ludlam made a motion, seconded by Council
Member Negrete, that the matter be continued to June 5, 1995, in
the Council Chambers of City Hall, 300 North "Dn Street, San
Bernardino, California.
21
5/1/95
--,-
The motion carried by the following vote: Ayes:
Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam,
Nays: Council Member Hernandez. Absent: None.
Council
Miller.
RES. 95-137 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A LEASE PURCHASE AGREEMENT TO KOCH FINANCIAL
CORPORATION FOR THE FINANCING OF EIGHTEEN (18) EACH,
AUTOMATED SIDE LOADING REFUSE TRUCK CAB AND CHASSIS AND
BODIES, TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT
IN ACCORDANCE WITH BID SPECIFICATION F-95-06 AND F-95-07.
(Discussed earlier in the meeting) (See page 15) (8)
John Murphy, Purchasing Manager, submitted a Staff Report
dated April 4, 1995, regarding the award of a lease purchase
agreement to Koch Financial Corporation for the financing of 18
side-loading refuse vehicles.
Discussion ensued regarding the number and type of vehicles in
the current refuse fleet (70 total), and the anticipated use and
replacement needs. It was noted that the 18 side loaders currently
being purchased will bring the side loader fleet to 37, which is
the number necessary for the city-wide recycling program.
Council Member Pope-Ludlam made a motion, seconded by Council
Member Negrete, that said resolution be adopted.
Resolution No. 95-137 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
PRODUCTION OF BUSINESS RECORDS UTILITY COMPANIES
AUDIT OF SERVICE USERS TAXES (UTILITY USERS TAXES)
CONTINUED FROM MARCH 20, 1995 (24)
This is the time and place continued to discuss the production
of records from various utility companies relative to the Service
Users Tax (Utility Tax) .
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that the matter of the
production of business records authorized by subpoena for the
following utility companies: Southern California Gas; Southern
California Edison; Pacific Bell and General Telephone for the
purpose of conducting an audit of utility users taxes be continued
to the Mayor and Common Council meeting of August 7, 1995, in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH INLAND RESOURCE
MANAGEMENT, INC. FOR THE PROVISION OF COMMINGLED
RECYCLABLES PROCESSING. (33)
22
5/1/95
City Administrator Shauna Clark explained that said resolution
proposes execution of an agreement with Inland Resource Management,
Inc. (Jack's Disposal) for two-year processing of the City's
commingled recyclables; however, Jack's Disposal has withdrawn
their bid.
Lynn Merrill, Recycling Coordinator, Public Services
Department, explained the process used to determine which company
should be awarded this bid. An evaluation process was developed
consisting of an objective point scale, a subjective evaluation,
and a cost analysis. The objective point scale was developed to
allow comparisons between each proposal. A subjective evaluation
was conducted by a five-member team composed of staff from
Administration, Public Works, Parks, Recreation, and Community
Services, and Public Services. A standardized ton of materials was
developed and used to calculate net revenues to the City based on
prices paid by each vendor in June 1994.
Council Member Miller made a motion, seconded by Council
Member Oberhelman, that Council direct Public Services staff to
solicit best and final pricing, and to commence negotiations with
the lowest priced vendor in order to secure an agreement to process
the City's commingled residential recyclables for a two-year
period, and three one-year option periods.
Dave Ault, Taormina Industries, Inc., 1131 N. Blue Gum Street,
Anaheim, CA, distributed a 10-page handout to the Council of an
analysis based on the comparative cost chart between Inland
Resources and Taormina Industries, Inc., which was included in the
Council's back-up material. He noted that Taormina Industries,
Inc. has the ability to process and market all materials collected,
and stated that the recyclable market price paid by Taormina
Industries, Inc. is $48.92 per ton rather than the $39.66 shown on
the chart.
Discussion ensued regarding the merits of the two companies,
the length of the contract, and the fact that transportation is one
of the biggest differences between the two bids.
Council Member Devlin made a substitute motion, seconded by
Council Member Oberhelman, that the matter be continued to May 15,
1995, in the Council Chambers of City Hall, 300 North "D" Street,
San Bernardino, California.
Council Member Oberhelman withdrew his second.
The substitute motion failed for lack of a second.
Council Member Hernandez made a motion, seconded by Council
Member Negrete, that staff be directed to negotiate with Taormina
Industries, Inc. for the two-year contract, with three one-year
options.
23
5/1/95
The motion carried by the following vote: Ayes:
Members Negrete, Curlin, Hernandez, Pope-Ludlam. Nays:
Members Oberhelman, Devlin, Miller. Absent: None.
Council
Council
AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING
SECTION 8.24.185 OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO THE TERM FOR PROVIDING SOLID WASTE HANDLING
BY PRIVATE COMPANIES. First (34)
Shauna Clark, City Administrator, explained that this
ordinance would require any private refuse hauler to discontinue
refuse service five years following an annexation to the City
unless they have a franchise agreement with the City.
Discussion ensued regarding the number of companies currently
operating within the City who fall under these parameters and how
long they would have to discontinue service or enter into an
agreement with the City.
Council Member
Member Pope-Ludlam,
adoption.
Miller made a motion,
that said ordinance be
seconded by Council
laid over for final
Council Member Negrete made a substitute motion that the
matter be continued to May 15, 1995, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
The substitute motion failed for lack of a second.
The original motion made by Council Member Miller, seconded by
Council Member Pope-Ludlam, was unanimously carried.
COUNCIL MEMBER CURLIN EXCUSED
At 5:32 p.m., Council Member Curlin left the Council meeting.
RES. 95-138 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND JACK'S DISPOSAL, INC., RELATING TO REFUSE
DISPOSAL. (3SA)
RES. 95-139 - RESOLUTION OF THE CITY OF
AUTHORIZING AN AGREEMENT BETWEEN THE
BERNARDINO AND CURRAN'S RUBBISH DISPOSAL,
TO REFUSE DISPOSAL.
SAN BERNARDINO
CITY OF SAN
INC., RELATING
(3SB)
Council Member Miller made a motion, seconded by Council
Member Pope-Ludlam, that said resolutions be adopted.
Resolution Nos. 95-138 and 95-139 were adopted by the
following vote: Ayes: Council Members Negrete, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: Council Member Hernandez.
Absent: Council Member Curlin.
24
5/1/95
COUNCIL MEMBER
At 5: 33 p. m. ,
meeting.
POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council
RES. 95-140 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO COMMERCIAL CONTRACTORS, INC. dba
COMMERCIAL CONTRACTORS, WESTERN DIVISION, INC., FOR
CONSTRUCTION OF STORM DRAIN IMPROVEMENTS FROM LYTLE CREEK
CHANNEL TO BASE LINE STREET AND MT. VERNON AVENUE. (25)
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, that the amount of the City's share of the Mt.
Vernon Avenue Storm Drain Project be increased from $670,000 to
$1,190,000, under Account No. 248-368-5504-1763, and that the
amount of revenue from the Economic Development Agency be decreased
from $2,470,000 to $1,800,000; and that said resolution be adopted.
The motion carried, and Resolution No. 95-140 was adopted by
the following vote: Ayes: Council Members Negrete, Hernandez,
Oberhelman, Devlin, Miller. Nays: None. Absent: Council Members
Curlin, pope-Ludlam.
RES. 95-141 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A REIMBURSEMENT AGREEMENT
WITH THE INLAND VALLEY DEVELOPMENT AGENCY RELATIVE TO THE
IMPROVEMENT OF SAN BERNARDINO AVENUE, FROM RICHARDSON
AVENUE TO MT. VIEW AVENUE. (26)
City Attorney Penman stated that Exhibit "A" to the
resolution, Reimbursement Agreement, should be amended on page 3,
paragraph 6.1, last sentence to read: "City shall maintain such
insurance throughout construction of the Street Improvements and
shall provide to the IVDA a certificate of self insurance within
ten (10) days of the execution of this agreement."
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, that said resolution be adopted as amended.
Resolution No. 95-141, as amended, was adopted by the
following vote: Ayes: Council Members Negrete, Hernandez,
Oberhelman, Devlin, Miller. Nays: None. Absent: Council Members
Curlin, Pope-Ludlam.
COUNCIL MEMBERS CURLIN & POPE-LUDLAM RETURNED
At 5;35 p.m., Council Members Curlin and Pope-Ludlam returned
to the Council meeting and took their places at the council table.
AUTHORIZATION TO PROCEED - PROPOSED STREET VACATION -
NORTH 32.5 FEET OF 29TH STREET - EAST OF VACATED SAN
GABRIEL STREET - APPROVE PLAN NO. 9301 (27)
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Roger Hardgrave, Director of Public Works/City Engineer,
submitted a Staff Report dated April 20, 1995, regarding the
proposed street vacation of the north 32.5 feet of 29th Street,
east of vacated San Gabriel Street, and approval of Plan No. 9301.
COUNCIL MEMBER NEGRETE EXCUSED
At 5:36 p.m., Council Member Negrete left the Council meeting.
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that the Director of
Public Works/City Engineer and City Clerk be authorized to proceed
with the proposed vacation of the north 32.5 feet of 29th Street,
east of vacated San Gabriel Street; and that Plan No. 9301, showing
the proposed vacation of the north 32.5 feet of 29th Street, east
of vacated San Gabriel Street, be approved.
INSTALL NORTHWEST INTERCEPTOR SEWER - PHASE TWO - FROM
5TH & "L" STREETS TO MEDICAL CENTER DRIVE & 6TH STREET -
AUTHORIZE ADVERTISEMENT FOR BIDS - APPROVE PLAN NO. 9194
- TRANSFER FUNDS (28)
Roger Hardgrave, Director of Public Works/City Engineer,
submitted a Staff Report dated April 19, 1995, relative to
installation of Phase Two of the Northwest Interceptor Sewer from
5th and "L" Streets to Medical Center Drive and 6th Street,
according to Plan No. 9194.
COUNCIL MEMBER NEGRETE RETURNED
At 5:38 p.m., Council Member Negrete returned to the Council
meeting and took his place at the council table.
Council Member Oberhelman made a motion, seconded by Council
Member Miller, and unanimously carried, that the plans for
installation of Phase II, of the Northwest Interceptor Sewer, from
5th Street and "L" Street to Medical Center Drive and 6th Street,
in accordance with Plan No. 9194, be approved; and that the
Director of Public Works/City Engineer be authorized to advertise
for bids; and that the transfer of $360,100, from Account No. 245-
365-5504-1528 to Account No. 245-365-5504-1527, be approved.
COUNCIL MEMBER
At 5: 40 p. m. ,
meeting.
POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AMENDING RESOLUTION NO. 94-46 AS AMENDED
BY RESOLUTION NO. 95-27 TO LIMIT THE SPEAKING TIME OF
COUNCIL MEMBERS TO 3 MINUTES UNTIL THE MAYOR AND ALL
OTHER COUNCIL MEMBERS HAVE HAD AN OPPORTUNITY TO SPEAK.
(30)
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5/1/95
Discussion ensued regarding the pros and cons of adopting said
resolution, and the fact that the resolution does not include the
City Attorney, City Administrator, or Mayor.
Council Member Miller made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
The
Members
Negrete,
motion failed by the following vote: Ayes: Council
Oberhelman, Devlin, Miller. Nays: Council Members
Curlin, Hernandez. Absent: Council Member Pope-Ludlam.
No further action was taken on this matter.
RES. 95-142 - RESOLUTION OF THE CITY OF SAN BERNARDINO
APPROVING A LICENSE AGREEMENT BY AND BETWEEN THE
INTERNATIONAL SOAP BOX DERBY INC. (dba "ALL AMERICAN SOAP
BOX DERBY") AND THE REDISCOVER SAN BERNARDINO COMMITTEE
OF THE CITY. (31)
It was noted that two changes needed to be made to the first
page of the 1995 All-American Soap Box Derby License Aqreement
attached to said resolution, as follows: change the date of the
agreement from 22nd day of March 1995 to 1st day of May 1995; and
in paragraph A.1. change the figure of $1,300.00 to $1,040.00 in
order to reflect the same figure shown on the invoice submitted by
All American Soap Box Derby.
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that said resolution be adopted as amended.
Resolution No. 95-142, as amended, was adopted by the
following vote: Ayes: Council Members Negrete, Curlin, Hernandez,
Oberhelman, Devlin, Miller. Nays: None. Absent: Council Member
Pope-Ludlam.
RES. 95-143 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE CHIEF OF POLICE TO FILE A GRANT
APPLICATION WITH THE STATE OF CALIFORNIA OFFICE OF
CRIMINAL JUSTICE PLANNING FOR A COMMUNITY CRIME
RESISTANCE (CCR) GRANT AND AUTHORIZING THE CITY'S
CONTRIBUTION OF MATCHING FUNDS OVER THE LIFETIME OF THE
GRANT. (32)
Discussion ensued regarding the cost to the City for a police
officer for one year, the fact that the proposal limits the officer
to a limited scope of duties within a restricted area of the city,
and that funding for an additional two years would be available to
successful applicants, assuming State funds remain at appropriate
levels and the City wishes to reapply.
Council Member Negrete made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
27
5/1/95
Resolution No. 95-143 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Devlin, Miller.
Nays: Council Member Oberhelman. Absent: Council Member Pope-
Ludlam.
RES. 95-144 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE PARTICIPATION OF THE SAN BERNARDINO
POLICE DEPARTMENT IN THE SERIOUS HABITUAL OFFENDER
PROJECT ADMINISTERED BY THE OFFICE OF THE CRIMINAL
JUSTICE PLANNING - YEAR 3. (81)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that said resolution be adopted.
Resolution
Ayes: Council
Devlin, Miller.
No. 95-144 was adopted by the following vote:
Members Negrete, Curlin, Hernandez, Oberhelman,
Nays: None. Absent: Council Member Pope-Ludlam.
POLICE MANAGEMENT AUDIT REPORT POLICE DEPARTMENT
RALPH ANDERSEN & ASSOCIATES - DISCUSSED EARLIER IN THE
MEETING - SEE PAGE 8 (29)
City Administrator Shauna Clark stated she had checked with
all concerned parties and recommended May 8, 1995, at 9:30 a.m., in
the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California, as the time and place to continue
discussion of the Police Management Audit Report.
It was the consensus of the Mayor Pro Tem and Council that
this would be a suitable time for said meeting.
REQUEST FUNDING - $3,000 - CINCO DE MAYO CELEBRATION -
MAY 3-5, 1995 - CINCO DE MAYO COALITION-SAN BERNARDINO
VALLEY COLLEGE - CIVIC & PROMOTION FUNDS (NBI)
Council Member
27, 1995, regarding
Bernardino Valley
celebration.
Hernandez submitted a Staff
a request from the cinco de
College for funding of
Report dated April
Mayo Coalition-San
a Cinco de Mayo
Council Member Negrete made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the matter arose
subsequent to the posting of the agenda.
Steven Caudillo, Chairman, Cinco de Mayo Coalition, 1174
Esperanza Street, San Bernardino, CA, answered questions regarding
how the money would be handled, the need for receipts, and the fact
that security would be provided by San Bernardino Valley College
and not the City Police Department.
28
5/1/95
It was determined that due to the short notice, the City
Administrator's Office would work with Mr. Caudillo on arranging
the details.
Council Member Miller made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the funding
request for $3,000 from the Civic and Promotion funds for a Cinco
de Mayo celebration, as itemized in the attachment to the Staff
Report dated April 27, 1995, and sponsored by the Cinco de Mayo
Coalition-San Bernardino Valley College, be approved.
ADJOURNMENT (37)
At 6:02 p.m., Mayor Pro Tem Hernandez adjourned the meeting to
9:30 a.m., Monday, May 8, 1995, in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California, to discuss
the Police Management Audit Report.
RACHEL CLARK
City Clerk
By
i/~~ Jle1/1i~
Linda Hart el
Deputy City Clerk
No. of Items: 46
No. of Hours: 8
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5/1/95