HomeMy WebLinkAbout05-15-1995 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
REGULAR MEETING
MAY 15, 1995
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 8:04
a.m., Monday, May 15, 1995, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Hernandez, Oberhelman, Devlin; City Attorney Penman, City
Clerk Rachel Clark, City Administrator Shauna Clark. Absent:
Council Members Pope-Ludlam, Miller.
City Attorney Penman announced that the following additional
case would be discussed in closed session:
Scott vs. City of San Bernardino. et al
Superior Court Case No. SCV 264298.
San Bernardino
RECESS MEETING - CLOSED SESSION (1 & 51)
At 8: 04 a. m., the Mayor and Common Council and Community
Development Commission adjourned to closed session for the
following;
1. Pursuant to Government Code Sections:
(A) Conference with legal counsel - existing litigation -
pursuant to Government Code Section 54956.9 (a):
EDA vs. Georqe Aquilar - San Bernardino Superior Court
Case No. 274061;
Ci ty of San Bernardino vs. Merco Construction Enqineerinq
Inc.. et al - San Bernardino Superior Court Case No. SCV
091 71.
CLOSED SESSION
At 8:04 a.m., Mayor Minor called the closed session to order
in the conference room of the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
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ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Hernandez, Oberhelman, Devlin; City Attorney Penman, City
Clerk Rachel Clark, City Administrator Shauna Clark. Absent;
Council Members Pope-Ludlam, Miller.
Also present: Senior Deputy City Attorney Simmons, Deputy
City Attorney Rhemrev, Margaret Scroggin, Administrative Operations
Supervisor, City Attorney's Office.
SENIOR ASSISTANT CITY ATTORNEY SIMMONS EXCUSED
At 8:10 a.m., Senior Assistant City Attorney Simmons left the
closed session.
COUNCIL MEMBER POPE-LUDLAM ARRIVED
At 8:15 a.m., Council Member Pope-Ludlam arrived at the closed
session.
READING OF RESOLUTIONS & ORDINANCES
Deputy City Clerk Vale read the titles of all the resolutions
and ordinances on the Mayor and Common Council, Community
Development Commission, and San Bernardino Joint Powers Financing
Authority regular and supplemental agendas while the Council was in
closed session.
DEPUTY CITY ATTORNEY RHEMREV EXCUSED
At 8:16 a.m., Deputy City Attorney Rhemrev left the closed
session.
ADJOURN CLOSED SESSION
At 8:19 a.m., the closed session adjourned to the
meeting of the Mayor and Common Council of the City
Bernardino.
regular
of San
RECONVENE MEETING
At 9:03 a.m., Mayor Minor reconvened the regular meeting of
the Mayor and Common Council of the City of San Bernardino in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Hernandez, Oberhelman, Devlin, Miller; City Attorney
Penman, City Clerk Rachel Clark, City Administrator Shauna Clark.
Absent: Council Member Pope-Ludlam.
INVOCATION
The invocation was given by Sister Eileen Rafferty of Saint
Bernardine's Church.
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PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Oberhelman.
APPOINTMENTS - JORDAN GRINKER & EVELYN HARPER - CENTRAL
CITY PARKING PLACE COMMISSION (84)
Mayor Minor submitted Staff Reports dated May 9 and 10, 1995,
respectively, requesting the appointments of Jordan Grinker, 10590
Dunker Dr., Los Angeles, and Evelyn Harper, P. O. Box 30082, San
Bernardino, CA, to the Central City Parking Place Commission, per
the request of Council Members Curlin and Pope-Ludlam.
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the appointments of
Jordan Grinker and Evelyn Harper to the Central City Parking Place
Commission, be approved.
PROCLAMATION - NURSING HOME WEEK - MAY 14 TO 20, 1995
(2)
J. Lorraine Velarde, Executive Assistant to the Mayor, read a
proclamation declaring the week of May 14 to 20, 1995 as Nursing
Home Week.
Patti Webster, Social Services Worker, Del Rosa Convalescent
Hospital, and Myrtle McCarty, 101 year old resident of the Del Rosa
Convalescent Hospital, accepted the proclamation.
PROCLAMATION - NATIONAL AQUATIC WEEK - MAY 27 TO JUNE 4,
1995 (2A)
J. Lorraine Velarde, Executive Assistant
proclamation declaring the week of May 27
National Aquatic Week.
to the Mayor, read a
to June 4, 1995 as
John Kramer, Superintendent of Recreation, Parks, Recreation
and Community Services accepted the proclamation.
COUNCIL MEMBER
At 9:11 a.m.,
Council meeting and
POPE-LUDLAM RETURNED
Council Member Pcpe-Ludlam returned
took her place at the council table.
to
the
PROCLAMATION - 10TH ANNUAL FIESTA DE LA MUJER - LIBRERIA
DEL PUEBLO (2B)
Phil Arvizo, Executive Assistant to the Council, read a
proclamation saluting Libreria del Pueblo on the occasion of the
lOth Annual Fiesta de la Mujer.
Father Patricio Guillen and Sister Rosa Marta Zarate of
Libreria del Pueblo, accepted the proclamation.
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PRESENTATION - COLONY HOMEOWNERS ASSOCIATION -
DONATION TO POLICE MEMORIAL FUND
$1,000
(2C)
Gordon
Association,
presented a
Fund.
McGinnis, representing the Colony Homeowners
and Daniel Bryson, representing the Police Commission,
check in the amount $1,000 for the Police Memorial
Lieutenant Wes Farmer of the Police Department accepted the
donation and urged City residents to support National Blue Ribbon
Week, May 15 to 19, 1995, in recognition of those Police Officers
who died in the line of duty.
Mayor Minor encouraged City residents to donate to the Police
Memorial Fund on behalf of officers who died serving the community.
PRESENTATION FOUNDER'S DAY
CONTEST WINNERS
ELEMENTARY SCHOOL ART
(2D)
Jim Hamlin, Public Information Officer, Police Department,
introduced the winners of the Founder's Day Elementary School Art
Contest.
1st Place
2nd Place
3rd Place
Erica Tornek
Chris Russell
Jessica Darling
4th Grade
4th Grade
5th Grade
Ramona Alessandro
Parks ide
Northpark
Erica Tornek, Chris Russell, and Jessica Darling accepted
their awards.
PRESENTATION - LEGEND OF THE ARROWHEAD MUSICAL COMEDY -
SAN BERNARDINO MAIN STREET - ECONOMIC DEVELOPMENT AGENCY
(2E)
Colin Strange, proj ect Coordinator, Main Street, Economic
Development Agency, urged all residents to attend the presentation
of the Legend of the Arrowhead, a musical comedy that will be
presented at the California Theatre as part of the Festival of the
Arrowhead and Founder's Day activities.
Paula Schernick and Jim Graft, entertained the Mayor and
Common Council with a brief musical number from the program.
SERVICE PIN AWARD CEREMONY
(2F)
J. Lorraine Velarde, Executive Assistant to the Mayor, read
the names of the following employees who received service pin
awards in gratitude of their many years of dedicated service to the
City.
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5/15/95
Name
Cecil Dillard
Stephanie Easland
Roberto Lopez
Burnett Ross, Jr.
Margaret Lachman
Anthony Parish
william Wright
Donald Smith
Terri Armstrong
Michael Pacewicz
Roberta Villegas
Carmen Bernal
Tana Hosey
Gloria Hurt
Sherryl Foster
Ronald Ferri
Alfred Zuniga
Henry Adame
Victor Lorch
Mercy Vasquez
Janis Ingels
Department
City Attorney's Office
City Attorney's Office
Facilities Management
Facilities Management
Facilities Management
Finance Department
Fire Department
Fire Department
Police Department
Police Department
Police Department
Police Department
Police Department
Police Department
Police Department
Public Services
Public Services
Public Services
Risk Management
San Bernardino Employment &
Training Agency (S.B.E.T.A.)
Management Information
Services
Years of Service
5 year pin
5 year pin
5 year pin
15 year pin
25 year pin
5 year pin
5 year pin
25 year pin
5 year pin
5 year pin
5 year pin
10 year pin
10 year pin
15 year pin
15 year pin
5 year pin
5 year pin
15 year pin
5 year pin
5 year pin
Each employee received a service p~n presented by Mayor Minor.
5 year pin
ANNOUNCEMENT - COUNCIL MEMBER CURLIN
(3)
Council Member Curlin commended the Human Relations Commission
on their support of the City's Affirmative Action Plan.
ANNOUNCEMENT - COUNCIL MEMBER OBERHELMAN
(3A)
Council Member Oberhelman commended those individuals involved
in coordinating the Founder's Day activities.
ANNOUNCEMENT - COUNCIL MEMBER DEVLIN
(3B)
Council Member Devlin urged all residents of the City to
support the Soap Box Derby activities on July 1 and 2, 1995.
ANNOUNCEMENT - COUNCIL MEMBER POPE-LUDLAM
(3C)
Council Member Pope-Ludlam commended the talented
entertainers involved in the Legend of the Arrowhead musical
and urged all residents of the City to attend the musical.
Council
Member
ANNOUNCEMENT - COUNCIL MEMBER MIL~ER
the
Miller
commended
5
local
comedy
(3D)
talented
local
5/15/95
entertainers involved in the Legend of the Arrowhead musical comedy
and urged all residents of the City to attend the musical.
ANNOUNCEMENT - CITY ATTORNEY PENMAN
(3E)
City Attorney Penman announced that the following additional
case had been discussed in closed session: Neves vs. San
Bernardino Pride. Inc.. et al - San Bernardino Superior Court Case
No. SCV 271106; and that the Scott vs. City of San Bernardino. et
al - San Bernardino Superior Court Case No. SCV 264298 had been
dismissed.
ANNOUNCEMENT - MAYOR MINOR
(3F)
Mayor Minor announced that he was feeling much better after
his recent mild heart attack and extended a thank you to everyone
for the flowers and cards that were sent to him.
PUBLIC COMMENTS - RUBEN LOPEZ
(4)
Ruben Lopez, 631 W. 16th St., San Bernardino, CA, expressed
concern that Vicky's Restaurant, which is being built at the
intersection of Mill Street and Waterman Avenue, had received
funding although it is located outside of the redevelopment project
area for the revitalization of the former Norton Air Force Base.
PUBLIC COMMENTS - TONY ORLICH
(4A)
Tony Orlich, 17126 Randall, Fontana, CA, expressed concern
regarding how Jeff Wright is treated during council meetings and
felt that Mr. Wright should be permitted to speak his mind.
PUBLIC COMMENTS - RONALD COATS
(4B)
Ronald Coats, 25819 Date St., San Bernardino, CA, expressed
concern regarding a recent Economic Development Agency loan to
Roger's Bindery and presented evidence which contradicted some
information presented in support of the loan.
PUBLIC COMMENTS - HELEN KOPCZYNSKI
(4C)
Helen Kopczynski, 8150 Cable Canyon, San Bernardino,
expressed concern relative to Jeff Wright being prohibited
speaking without interruption during his public comments.
CA,
from
PUBLIC COMMENTS - JOAN MONGIELLO
(4D)
Joan Mongiello, 1804 State St., San Bernardino, CA, stated
that the Mayor and Common Council had violated the law in their
actions relative to the property locat.ed at 1804 State St., San
Bernardino, CA.
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PUBLIC COMMENTS - JAMES FERRERO
(4E)
James Ferrero wished to speak regarding the proposed cuts in
the Fire Department's budget as a result of the management audit
conducted recently.
Mayor Minor stated that because the Fire Department management
audit was on the agenda, Mr. Ferrero would not be able to speak to
the item at this time.
PUBLIC COMMENTS - TERRY MOLL
(4F)
Terry Moll, 6705 N. Steven Way, San Bernardino, CA, expressed
concern regarding the political tactics and actions taken by those
in opposition to We, The People Committee activities.
PUBLIC COMMENTS - BOBBY OQUENDO
(4G)
Bobby Oquendo expressed Mother's Day greetings to all Mothers
for the support that they give families.
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that full reading of the
resolutions and ordinances on the Mayor and Common Council regular
and supplemental agenda be waived.
RES. 95-145 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO
APPLY FOR THE CALIFORNIA ENERGY COMMISSION'S ENERGY
EFFICIENCY LOAN TO IMPLEMENT ENERGY EFFICIENCY PROJECTS
AT VARIOUS CITY FACILITIES. (6)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
Resolution No. 95-145 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
FUNDING REQUEST - $23,393 - 4TH OF JULY COMMITTEE - 1995
4TH OF JULY CELEBRATION - SECCOMBE LAKE PARK (9)
Annie Ramos, Director of Parks, Recreation and Community
Services, submitted a Staff Report dated April 25, 1995, relative
to the 1995 4th of July Committee's request for funding in the
amount of $23,393 for the 4th of July celebration to be held at
Seccombe Lake Park.
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5/15/95
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the request from the
4th of July Committee for funding assistance in the amount of
$23,393 to cover costs connected with the 1995 4th of July
Celebration at Seccombe Lake Park, be approved from the 1995-96
Fine Arts Fund.
RES. 95-146 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND
IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN
THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE
ABATEMENT. (WEED ABATEMENT) (11)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
Resolution No. 95-146 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
CLAIMS & PAYROLL
(14)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the claims and payroll
and authorization to issue warrants as listed on the memorandum
dated May 10, 1995, from the Director of Finance, be approved.
RES. 95-147 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF THIRD AMENDMENT TO CONTRACT
WITH ARROW POWER SWEEPING RELATING TO THE PROVISION OF
SWEEPING SERVICES FOR THE CAROUSEL MALL PARKING SPACES.
(16)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
Resolution No. 95-147 was adopted by the following vote:
Ayes: Council Members Negrete, Curl in, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
RES. 95-148 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO SEAN MALEK ENGINEERING AND
CONSTRUCTION, INC. FOR MODIFICATION OF TRAFFIC SIGNAL AND
CONSTRUCTION OF STORM DRAIN IMPROVEMENTS AT LITTLE
MOUNTAIN DRIVE AND KENDALL DRIVE. (17)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that the transfer of $6,000 from Account No. 248-
368-3405, "Undesignated Fund Balance", to Account No. 248-368-5504-
1531, "Drainage Improvements - Kendall Drive and Little Mountain
Drive"; and the transfer of $4,000 from Account No. 250-370-3405,
"Undesignated Fund Balance", to Account No. 250-370-5504-1701,
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5/15/95
"Traffic Signal Modifications - Kendall Drive and Little Mountain
Drive", be approved; and that said resolution be adopted.
The motion carried, and Resolution No. 95-148 was adopted by
the following vote: Ayes: Council Members Negrete, Curlin,
Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None.
Absent: None.
RES. 95-149 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A THIRD AMENDMENT TO
CONTRACT WITH INLAND OVERHEAD DOOR COMPANY RELATING TO
THE PROVISION OF MAINTENANCE OF OVERHEAD DOORS AT VARIOUS
LOCATIONS. (18)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
Resolution No. 95-149 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
RES. 95-150 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A LEASE PURCHASE AGREEMENT TO BURTRONICS
BUSINESS SYSTEMS FOR THE LEASE PURCHASE OF LANIER PHOTO
COPY MACHINES, TO BE UTILIZED BY VARIOUS DEPARTMENTS
THROUGHOUT THE CITY IN ACCORDANCE WITH BID SPECIFICATION
F-95-08. (7)
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, that said resolution be adopted.
Resolution No. 95-150 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
RES. 95-151 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE
OFFICE OF EMERGENCY SERVICES FOR THE PURPOSE OF OBTAINING
CERTAIN FEDERAL FINANCIAL ASSISTANCE IN CONJUNCTION WITH
THE DECLARED STATE OF EMERGENCY ISSUED FOR THE COUNTY OF
SAN BERNARDINO AS A RESULT OF WINTER STORMS IN FEBRUARY
1995. (8)
Council Member Hernandez made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
Resolution No. 95-151 was adopted by the following vote:
Ayes: Council Members Negrete, Curl in, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
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5/15/95
COUNCIL MEMBER
At 9:56 a.m.,
meeting.
POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council
RES. 95-152 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT
WITH WILLIAM S. LANE (POLYGRAPHIST), INTERNAL CONTROL FOR
PROVIDING PRE-EMPLOYMENT POLYGRAPH EXAMINATIONS FOR LAW
ENFORCEMENT TRAINEES, LATERAL POLICE OFFICERS, PRE-
SERVICE APPLICANTS, AND RESERVE POLICE OFFICER APPLICANTS
TO THE SAN BERNARDINO POLICE DEPARTMENT. (10)
Council Member Hernandez made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
Resolution
Ayes: Council
Devlin, Miller.
No. 95-152 was adopted by the following vote:
Members Negrete, Curlin, Hernandez, Oberhelman,
Nays: None. Absent: Council Member Pope-Ludlam.
RES. 95-153 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO ACKNOWLEDGING THE RECEIPT
AND FILING OF THE ANNUAL STATEMENT OF INVESTMENT POLICY
FOR THE YEAR 1995. (12)
City Treasurer David Kennedy provided an overview of the
City's investment portfolio.
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Resolution
Ayes: Council
Devlin, Miller.
No. 95-153 was adopted by the following vote:
Members Negrete, Curlin, Hernandez, Oberhelman,
Nays: None. Absent: Council Member Pope-Ludlam.
COUNCIL MEMBER POPE-LUDLAM RETURNED
At 10:07 a.m., Council Member Pope-Ludlam returned to the
Council meeting and took her place at the council table.
ORD. MC-938 - 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. Final (13)
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, that said ordinance be adopted.
Ordinance MC-938 was adopted by the following vote: Ayes:
Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-
Ludlam, Miller. Nays: Council Member Devlin. Absent: None.
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5/15/95
PERSONNEL ACTIONS
(15)
Discussion ensued regarding the City's personnel policy
governing promotions and an employee acting in a higher
classification; the responsibilities of the Personnel Committee to
recommend approval or denial of promotions and higher acting
classification pay to employees in the unclassified service working
for elected officials.
Council Member Oberhelman made a Dotion, seconded by Council
Member Miller, that the personnel actions submitted by the Chief
Examiner dated May 4, 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.
The motion carried by the following vote: Ayes: Council
Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam, Miller.
Nays: None. Abstain: Council Member Hernandez. Absent: None.
ADOPT NEGATIVE DECLARATION & FINDING OF CONSISTENCY -
GENERAL PLAN CIRCULATION ELEMENT - CONSTRUCTION OF CUL-
DE-SAC ON MORGAN ROAD, WEST OF LITTLE MOUNTAIN DRIVE
(19)
Roger Hardgrave, Director of Public Works/City Engineer,
submitted a Staff Report dated April 27, 1995, regarding the
construction of a cul-de-sac on Morgan Road, west of Little
Mountain Drive.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that the negative declaration for Public Works
Project No. IS 95-03, for the construction of a cul-de-sac on
Morgan Road, immediately west of Little Mountain Drive and closing
Morgan Road at Little Mountain Drive, be adopted; and that a
finding be made that the construction of a cul-de-sac on Morgan
Road, immediately west of Little Mountain Drive, and closing Morgan
Road at Little Mountain Drive, is consistent with the General Plan
Circulation Element.
The motion carried by the following vote: Ayes:
Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam,
Nays: Council Member Hernandez. Absent: None.
Council
Miller.
NORTHWEST INTERCEPTOR SEWER PHASE III - MEDICAL CENTER
DRIVE FROM 6TH TO 16TH STREET - APPROVE PLAN & AUTHORIZE
ADVERTISEMENT FOR BIDS (20)
Roger Hardgrave, Director of Public Works/City Engineer,
submitted a Staff Report dated May 4, 1995, relative to the
construction of Phase III of the Northwest Interceptor Sewer in
Medical Center Drive from 6th to 16th Street.
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5/15/95
council Member Hernandez made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the transfer of
$262,000 from Account No. 245-365-5504-1526, "Phase I - Northwest
Interceptor Sewer," to Account No. 245-365-5504-1528, "Phase III -
Northwest Interceptor Sewer," be approved; that the plans for
installation of Phase III of the Nort~west Interceptor Sewer in
Medical Center Drive, from 6th Street to 16th Street, in accordance
with Plan No. 9187, be approved; and that the Director of Public
Works/City Engineer be authorized to advertise for bids.
HEAT & SCARIFY PAVEMENT - VARIOUS STREETS - APPROVE PLAN
& AUTHORIZE ADVERTISEMENT FOR BIDS (21)
Roger Hardgrave, Director of Public Works/City Engineer,
submitted a Staff Report dated May 4, 1995, relative to the
proposed heat and scarifying of pavement on various streets city-
wide.
Council Member Oberhelman made a Dotion, seconded by Council
Member Devlin, that the plans for heating and scarifying the
pavement on various streets, as outlined in the Staff Report dated
May 4, 1995, from Roger Hardgrave, Director of Public Works/City
Engineer, in accordance with Plan No. 9304, be approved; and that
the Director of Public Works/City Engineer be authorized to
advertise for bids.
The motion carried by the following vote: Ayes:
Members Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam,
Nays: None. Abstain: Council Member Negrete. Absent:
Council
Miller.
None.
RES. 95-154 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ADOPTING AN UPDATED HARASSMENT/SEXUAL HARASSMENT POLICY
FOR SAID CITY, AND REPEALING RESOLUTION NOS. 81-641 AND
91-330. (22)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
Resolution No. 95-154 was adopted by the following vote:
Ayes: Council Members Curlin, Oberhelman, Devlin, Pope-Ludlam,
Miller. Nays: Council Members Negrete, Hernandez. Absent: None.
FIRE DEPARTMENT MANAGEMENT AUDIT REPORT - CONTINUED FROM
FEBRUARY 20, 1995 - DISCUSSED LATER IN THE MEETING - SEE
PAGE 21 (24)
This is the time and place continued to consider the Fire
Department Management Audit Report.
Peggy Ducey, Assistant to the
Staff Reports dated May 9, and 15,
the Fire Department Management Audit
City Administrator, submitted
1995, respectively, regarding
Report conducted by Almont and
12
5/15/95
Associates.
Ms. Ducey gave an overview of prior actions taken relative to
the Management Audit of the Fire Department.
Discussion ensued regarding the merits of the recommendations
contained in the Fire Department Management Audit.
Council Member Curlin made a motion,
Member Hernandez, and unanimously carried,
continued to 4:00 p.m.
seconded by Council
that the matter be
RECESS MEETING
At 11:03 a.m., Mayor Minor declared a five-minute recess.
RECONVENE MEETING
At 11:13 a.m., Mayor Minor reconvened the regular meeting of
the Mayor and Common Council of the City of San Bernardino in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Senior
Assistant City Attorney Barlow, Economic Development Agency Special
Counsel Timothy Sabo, City Clerk Rachel Clark, Economic Development
Agency Administrator Timothy Steinhaus. Absent: None.
COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING
At 11:13 a.m., Chairman Minor called the regular meeting of
the Community Development Commission to order in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino,
California.
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R2)
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that full reading of the
resolutions and ordinances on the Community Development Commission
regular and supplemental agendas be waived.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTION 8.90.100 OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO MOBILE HOME PARK RENT INCREASES FOR CAPITAL
IMPROVEMENTS. First (R5)
Jerry Butler, Mobilehome Board Coordinator, Economic
Development Agency, and Dick Simon, Mobilehome Rent Board member,
explained the provisions of the ordinance that would encourage
mobilehome tenant owners to guide the capital improvements that are
made within their mobilehome parks.
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5/15/95
Council Member Miller made a motion, seconded by Council
Member Curlin, that said ordinance be laid over for final adoption.
The motion carried by the following vote: Ayes:
Members Negrete, Curlin, Hernandez, Devlin, Pope-Ludlam,
Nays: Council Member Oberhelman. Absent: None.
Council
Miller.
PUBLIC HEARING - UNITED STATES POSTAL SERVICE - REMOTE
ENCODING CENTER (R6)
This is the time and place set for a public hearing to discuss
the proposed United States Postal Services proposed Remote Encoding
Center on Gilbert Street.
Barbara Lindseth, Acting Director, Development Department,
Economic Development Agency, submitted a Staff Report dated May 9,
1995, requesting that the public hearing for the proposed United
States Postal Services Remote Encoding Center be tabled.
Council Member Hernandez made a motion, seconded by Council
Member Curlin, and unanimously carried, that the matter be tabled.
RECESS MEETING
At 11:51 a.m., the regular meeting of the Mayor and Common
Council recessed to 2:00 p.m., in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
RECONVENE MEETING
At 2:06 p.m., Mayor Minor reconvened the regular meeting of
the Mayor and Common Council of the City of San Bernardino in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Deputy
City Attorney Empeno, City Clerk Rachel Clark, Planning and
Building Services Director Boughey. Absent: None.
PUBLIC HEARING - MULTI-USE SPORTS STADIUM - GENERAL PLAN
AMENDMENT NO. 94-06 - DEVELOPMENT CODE AMENDMENT NO. 94-
10 - CONDITIONAL USE PERMIT NO. 94-12 - MINOR EXCEPTION
NO. 95-02. (40)
This is the time and place set for a public hearing to
consider General Plan Amendment No. 94-06, Development Code
Amendment No. 94-10, Conditional Use Permit No. 94-12, and Minor
Exception No. 95-02 for the proposed multi-use sports stadium to be
built in the area bounded by "E", Mill, and "G" Streets.
Al Boughey, Director of Planning and Building Services,
14
5/15/95
submitted a Staff Report dated April 26, 1995, regarding General
Plan Amendment No. 94-06, Development Code Amendment No. 94-10,
Conditional Use Permit No. 94-12, and Minor Exception No. 95-02 for
the proposed multi-use sports stadium.
Mayor Minor opened the hearing.
Lu Barowoj, proj ect
presented an overview of
project.
Manager, Economic Development
the proposed multi -use sports
Agency,
stadium
Tom Tingle, A.I.A., Architect, HOK Sports, 323 W. 8th St.,
Suite #700, Kansas City, MO, answered questions relative to the
architectural plans for the proposed sports stadium.
Tom Dodson, Environmental Consultant, Tom Dodson and
Associates, 463 N. Sierra Way, San Bernardino, CA, provided an
overview of the content of the environmental impact report and the
proposed plan to mitigate potential negative environmental impacts
to the area.
Patrick Mann, Environmental Impact Report Consultant, Cotton,
Belland and Associates, Inc., 747 E. Green St., Suite 400,
Pasadena, CA, explained the proposed plan to mitigate potential
negative environmental impacts from the stadium on the surrounding
area.
The following individuals expressed support for the proposed
multi-use sports stadium:
Hank Plotkin, President, San Bernardino Chamber of Commerce,
546 W. Sixth St., San Bernardino, CA.
Jim Wehmeier, San Bernardino Spirit.
Johnnie Pepper.
Brian Herlihy.
Judd Standers, San Bernardino Spirit.
Sam Cox, President,
Bernardino, CA.
San
Bernardino
Rotary
Club,
San
Everett Capes.
Steve Golowski, President, San Bernardino Spirit Booster Club.
Victor Perez.
15
5/15/95
RES. 95-155 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CERTIFYING THE TRAFFIC IMPACT ANALYSIS REPORT FOR THE
MULTI - USE STADIUM PROJECT PURSUANT TO THE CONGESTION
MANAGEMENT PLAN. (40A)
RES. 95-156 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CERTIFYING THE ENVIRONMENTAL IMPACT REPORT; ADOPTING THE
MITIGATION MONITORING PROGRAM; AND ADOPTING GENERAL PLAN
AMENDMENT NO. 94-06 TO AMEND THE TEXT OF THE CENTRAL CITY
SOUTH PLAN FOR THE SAN BERNARDINO MULTI-USE STADIUM (ET
AL) (40B)
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTION 19.06.030(1) (A), TABLE 06.02, COMMERCIAL ZONES
DEVELOPMENT STANDARDS, TO ALLOW CONSIDERATION OF
STRUCTURE HEIGHTS GREATER THAN TWO STORIES (30 FEET) IN
THE CCS-1 LAND USE DESIGNATION SUBJECT TO THE APPROVAL OF
A CONDITIONAL USE PERMIT. First (40C)
Council Member
Member Oberhelman,
closed.
Curlin made a motion,
and unanimously carried,
seconded by Council
that the hearing be
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, that the resolution certifying the Environmental
Impact Report, adopting the Statements of Overriding Consideration,
approving the Mitigation Monitoring and Reporting Program and
approving General Plan Amendment No. 94-06 be adopted; that the
ordinance implementing Development Code Amendment No. 94-10 be laid
over for final adoption; that Minor Exception No. 95-02 be approved
based on the Findings of Fact (Exhibit 7), that Conditional Use
Permit No. 94-12 be approved based on the Findings of Fact (Exhibit
7) subject to the Conditions of Approval and Standard Requirements
(Exhibit 5), as outlined in the Staff Report dated April 26, 1995,
from Al Boughey, Director of Planning and Building Services; and
that the resolution certifying the Traffic Impact Analysis, be
adopted.
The motion carried, and Resolution Nos. 95-155 and 95-156 were
adopted by the following vote: Ayes: Council Member Negrete,
Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays:
None. Absent: None.
RECESS MEETING
At 3:15 p.m., Mayor Minor declared a five-minute recess.
RECONVENE MEETING
At 3:19 p.m., Mayor Minor reconvened the regular meeting of
the Mayor and Common Council of the City of San Bernardino in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
16
5/15/95
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Hernandez, Oberhelman, Devlin, Miller; Deputy City Attorney
Empeno, City Clerk Rachel Clark, Planning and Building Services
Director Al Boughey. Absent: Council Member Pope-Ludlam.
PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 95-01
ADULT BUSINESS ORDINANCE CLARIFICATION (41)
This is the time and place set for a public hearing to
consider Development Code Amendment No. 95-01 clarifying the adult
business ordinance.
Al Boughey, Director of Planning and Building Services,
submitted a Staff Report dated May 2, 1995, relative to Development
Code Amendment No. 95-01 which clarifies the adult business
ordinance.
Mayor Minor opened the hearing.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 19.06, SECTION 19.06.030(2) (A) OF THE SAN
BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) REGARDING
ADULT BUSINESSES. First (41)
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the hearing be
closed; and that said ordinance be laid over for final adoption.
PLANNING & BUILDING SERVICES DIRECTOR EXCUSED
At 3:21 p.m., Planning and Building Services Director Boughey
left the Council meeting.
DEPUTY CITY ATTORNEY EMPENO EXCUSED
At 3:21 p.m., Deputy City Attorney Empeno left the Council
meeting and was replaced by City Attorney Penman.
WAIVE FEES - $197 - USE OF SECCOMBE LAKE PARK - NATIONAL
ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE
JUNETEENTH CELEBRATION - JUNE 17, 1995 (37)
Annie Ramos, Director of Parks, Recreation and Community
Services, submitted a Staff Report dated April 27, 1995, relative
to the National Association for the Advancement of Colored People,
San Bernardino Branch, N.A.A.C.P., request to waive fees in the
amount of $197 for the use of Seccombe Lake Park for the Juneteenth
celebration to be held June 17, 1995.
17
5/15/95
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that the request to waive
fees for use of Seccombe Lake Park by the National Association for
the Advancement of Colored People in the amount of $197, be
approved.
ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR STEINHAUS
ARRIVED
At 3: 23 p. m., Economic Development Agency Administrator
Timothy Steinhaus arrived at the Council meeting.
COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING
At 3:23 p.m., Chairman Minor called the regular meeting of the
Community Development Commission to order in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
PUBLIC HEARING HOUSING & URBAN DEVELOPMENT (HUD)
CONSOLIDATED PLAN FEDERAL GRANT FUNDED PROGRAMS
FISCAL YEAR 1995/96 - COMMUNITY DEVELOPMENT BLOCK GRANT -
HOME INVESTMENT PARTNERSHIP ACT & EMERGENCY SHELTER GRANT
PROGRAMS (R7)
This is the time and place set for a public hearing to
consider the proposed Fiscal Year 1995/96 Consolidated Plan for the
United States Department of Commerce, Housing and Urban Development
(HUD) , Community Development Block Grant, Home Investment
Partnership Act, and Emergency Shelter Grant Programs.
Barbara Lindseth, Acting Director, Development Department,
Economic Development Agency, submitted a Staff Report dated May 8,
1995, relative to the proposed Fiscal Year 1995/96 Consolidated
Plan for the Housing and Urban Development (HUD) , Community
Development Block Grant, Home Investment Partnership Act, and
Emergency Shelter Grant Programs.
Mayor Minor opened the hearing.
Emily Wong, proj ect Manager, Economic Development Agency,
provided an overview of the proposed Fiscal Year 1995/96 United
States Department of Commerce, Housing and Urban Development (HUD)
Consolidated Plan; and how recent changes in HUD regulations have
changed the grant funding process this year.
COUNCIL MEMBER
At 3: 27 p. m. ,
Council meeting and
POPE-LUDLAM RETURNED
Council Member Pope-Ludlam returned
took her place at the council table.
to
the
The following individuals requested reconsideration of funding
for their organizations:
Judy Jordan, Friends of the Commission on the Status of Women,
821 North Rd., San Bernardino, CA.
18
5/15/95
Lerine Hargrave, Cornerstone Christian Preschool, 702 W. 16th
St., San Bernardino, CA.
CITY ATTORNEY PENMAN EXCUSED
At 3:59 p.m., City Attorney Penman left the Council meeting
and was replaced by Senior Assistant City Attorney Barlow.
Tony Von Habsburg, Easter Seal Society, Head Injury Support
Group, 477 W. 14th St., San Bernardino, CA.
Dianne Von Habsburg, Easter Seal Society, Head Injury Support
Group, 477 W. 14th St., San Bernardino, CA.
Michael Blatnick, Easter Seal Society, Head Injury Support
Group, 241 E. Ninth St., San Bernardinc, CA.
Katie Willis, Abraham Lincoln Family Center, 255 W. 13th St.,
San Bernardino, CA.
Everett Lilly, Family Service Agency, 3669 N. "E" St., San
Bernardino, CA.
Linda
Bernardino,
Drew,
CA.
Teddy
Bear
Tymes,
780
E.
Gilbert
St. ,
San
Don Vigil, Rolling Start, 536 W. 11th St., San Bernardino, CA.
Lois Zeigler O'Donnell, Children's Fund, 385 N. Arrowhead
Ave., San Bernardino, CA.
Myrtle Ross, Frazee Community Center, 1578 W. 15th St., San
Bernardino, CA.
Donna Beveridge, Child Care Planning Council, 401 N. Arrowhead
Ave., San Bernardino, CA.
Walter
Bernardino,
Snyder,
CA.
Kids
Against
Crime,
119
E.
Highland,
San
Dr. S'Ann Freeman, City of San Bernardino Feldheym Library,
Literacy Program, 555 W. 6th St., San Bernardino, CA.
Bill Peters, San Bernardino Child Advocacy, 5721 Teak Way,
Alta Lorna, CA.
Father patricio Guillen, Libreria del Pueblo, 972 N. Mt.
Vernon Ave., San Bernardino, CA.
Jerry Herndon, Boys and Girls Club, 1180 W. Ninth St., San
Bernardino, CA.
19
5/15/95
Dr. D. L. Van Voorhis, Young Men's Christian Association
(YMCA), 216 W. 6th St., San Bernardino, CA.
Bob Miller, Easter Seal Society, Head Injury Support Group,
477 W. 14th St., San Bernardino, CA.
Marcia Lewis, Young Women's Christian Association (YWCA), 567
N. Sierra Way, San Bernardino, CA.
SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED
At 4:35 p.m., Senior Assistant City Attorney Barlow left the
Council meeting and was replaced by City Attorney Penman.
Derek Cohill, SELF Youth Center, 471 W. Baseline, Rialto, CA.
Doug Seakus, County of San Bernardino, Department of Mental
Health, 932 N. "D" St., San Bernardino, CA.
RES. 95-157 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN
CONSOLIDATED PLAN IN CONNECTION WITH IMPLEMENTING VARIOUS
FEDERAL GRANT FUNDED PROGRAMS. (R7A)
RES. 95-158 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO
EXECUTE SUCH DOCUMENTS AND TAKE SUCH ACTIONS AS MAY BE
DEEMED NECESSARY TO IMPLEMENT THE CITY'S CONSOLIDATED
PLAN. (R7B)
Council Member Hernandez made a ~otion, seconded by Council
Member Curlin, and unanimously carried, that the public hearing be
closed.
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, that said resolutions be adopted; that the
Community Development Citizen Advisory Committee (CDCAC)
recommendations for Fiscal Year 1995/96 Community Development Block
Grant (CDBG), Home Investment partnershlP Act (HOME), and Emergency
Shelter Grant (ESG) funded projects, be approved and adopted; that
the Mayor be authorized to submit these projects as part of the
action plan component of the overall Consolidated Plan to the
United States Department of Housing and Urban Development (HUD);
and that a Council Ad Hoc Committee be established made up of
Council Members Negrete, Oberhelman, and Pope-Ludlam, to review all
unfunded programs and to establish a priority list of programs to
fund should additional funds become available.
The motions carried, and Resolution Nos. 95-157 and 95-158
were adopted by the following vote: Ayes: Council Members
Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam,
Miller. Nays: None. Absent: None.
20
5/15/95
RECESS MEETING
At 4:51 p.m., Mayor Minor declared a five-minute recess.
RECONVENE MEETING
At 4:59 p.m., Mayor Minor reconvened the regular meeting of
the Mayor and Common Council of the Cit.y of San Bernardino in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; City
Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna
Clark. Absent: None.
FIRE DEPARTMENT MANAGEMENT AUDIT REPORT - CONTINUED FROM
FEBRUARY 20, 1995 - DISCUSSED EARLIER IN THE MEETING -
SEE PAGE 12 (24)
This is the time and place continued to from earlier in the
meeting to consider the Fire Department Management Audit Report.
Peggy Ducey, Assistant to the ci ty Administrator, gave an
overview of prior actions taken relative to the Management Audit of
the Fire Department, and presented statistical information
supporting the proposed reorganization of the Fire Department.
MAYOR MINOR EXCUSED
At 5:06 p.m., Mayor Minor left the Council meeting and the
duties of Mayor Pro Tem were assumed by Council Member Hernandez.
Discussion ensued regarding the merits of the recommendations
contained in the Fire Department Management Audit Report.
Jim Sparr, President, Almont & Associates, P.O. Box 338,
Almont, CO, presented an overview of the Fire Department Management
Audit Report recommendations.
CITY ATTORNEY PENMAN EXCUSED
At 5:26 p.m., City Attorney Penman left the Council meeting
and was replaced by Senior Assistant City Attorney Barlow.
The following individuals spoke in opposition to any reduction
in the Fire Department's budget as a result of implementation of
the Management Audit Report recommendations, or departmental budget
cuts:
Alan Edwards, 307 Arrowhead Ave., San Bernardino, CA.
Robert McClelland, 28443 Jenny Ln., Menifee, CA.
21
5/15/95
SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED
At 5:36 p.m., Senior Assistant City Attorney Barlow left the
Council meeting and was replaced by City Attorney Penman.
Dennis Reichardt, 3725 Canyon Terrace Dr., San Bernardino, CA.
Gordy Sinn, 5608 McKinley Ave., San Bernardino, CA.
Tom Rubio, 414 Lemonwood, Redlands, CA.
Scott Goodwin, 35086 Sunnyside, Yucaipa, CA.
Chris Hoback, 3912 N. Sierra Way, San Bernardino, CA.
Scott Bailey, 5074 Mill Creek Ct., San Bernardino, CA,
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that the Fire Department Union be allocated as much
time as they need to make their presentation to the Mayor and
Common Council, not to exceed fifteen minutes. (Note: There was
no vote taken.)
The following individuals expressed opposition to a reduction
in the Fire Department's annual revenue from the General Fund:
John Kirley, 1170 N. Arrowhead Ave., San Bernardino, CA.
Rick Winn, 2723 San Gabriel, San Bernardino, CA.
Skip Kulikoff, 22601 Inspiration Point, Canyon Lake, CA.
Richard Lewis, 5328 Park Lane, San Bernardino, CA.
Michael Maudsley, 330 N. "D" Street, San Bernardino, CA.
COUNCIL MEMBER CURLIN EXCUSED
At 6:17 p.m., Council Member Curlin left the Council meeting.
It was noted that the Council Office had received sixteen
telephone calls from individuals expressing opposition to
reduction in funding for the Fire Department.
(16)
any
Discussion ensued relative to the possible positive and
negative impact of implementing the management audit
recommendations; and how a possible reduction in annual General
Fund revenue would impact the daily operations of the Fire
Department.
Council Member Oberhelman made a substitute motion, seconded
by Council Member Devlin, and unanimously carried, that the
Priority Dispatch Program for Fire be approved in concept; and that
the following matters be continued to be discussed as part of the
22
5/15/95
Fiscal Year 1995/96 budget hearing in June 1995; that the San
Bernardino Fire Department Management Audit conducted by Almont &
Associates be received and filed; that the number of Battalions in
the Fire Department be reduced from two to one resulting in the
elimination of three Battalion Chief positions and authorize the
addition of civilian administrative and clerical positions as
recommended; and that the City Administrator be directed to oversee
the implementation of the remaining recommendations and continue to
monitor station activity with periodic reports to the Mayor and
Common Council.
COUNCIL MEMBER
At 6: 30 p. m. ,
meeting.
POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council
COUNCIL MEMBER CURLIN RETURNED
At 6:30 p.m., Council Member Curlin returned to the Council
meeting and took his place at the council table.
RES. 95-159 - RESOLUTION OF THE CITY OF SAN BERNARDINO
GIVING NOTICE INVITING COMPETITIVE BIDS FOR THE SALE OF
THAT CERTAIN CITY-OWNED REAL PROPERTY LOCATED AT 1505
NORTH WATERMAN AVENUE IN SAN BERNARDINO, AND ESTABLISHING
A MINIMUM BID PRICE OF ONE HUNDRED FIFTY THOUSAND DOLLARS
($150,000) FOR SAID PARCEL. (Continued from April 17,
1995) (26)
Council Member Hernandez made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
Resolution
Ayes: Council
Devlin, Miller.
No. 95-159 was adopted by the following vote:
Members Negrete, Curlin, Hernandez, Oberhelman,
Nays: None. Absent: Council Member Pope-Ludlam.
RES. 95-160 - A RESOLUTION SUPPORTING THE SAN BERNARDINO
POLICE DEPARTMENT'S REQUEST TO THE CALIFORNIA HIGHWAY
PATROL FOR LAW ENFORCEMENT ASSISTANCE. (OPERATION SAFE
STREETS II) (38)
Council Member Oberhelman made a notion, seconded by Council
Member Miller, that said resolution be adopted.
Resolution
Ayes: Council
Devlin, Miller.
No. 95-160 was adopted by the following vote:
Members Negrete, Curlin, Hernandez, Oberhelman,
Nays: None. Absent: Council Member Pope-Ludlam.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO SUPPORTING THE COUNTY OF SAN BERNARDINO'S
PROPOSAL TO FORM AN ASSESSMENT DISTRICT UNDER THE
MUNICIPAL IMPROVEMENT ACT OF 1913 TO FINANCE THE LOCAL
AGENCY SHARE OF THE COST FOR THE IMPROVEMENT OF SAN
TIMOTEO CREEK BY THE U.S. ARMY CORPS OF ENGINEERS. (82)
23
5/15/95
There was no action taken on this matter, and it was the
consensus of the Mayor and Council that this matter be continued to
May 22, 1995, in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
RES. 95-161 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF AN AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF
SAN BERNARDINO AND THE LAW FIRM OF EGGAR & HALLETT.
(83)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that said resolution be adopted.
Resolution
Ayes: Council
Devlin, Miller.
No. 95-161 was adopted by the following vote:
Members Negrete, Curlin, Hernandez, Oberhelman,
Nays: None. Absent: Council Member Pope-Ludlam.
AUTHORIZE OUT-OF-STATE TRAVEL TOM MAREK,
OFFICER, RISK MANAGEMENT - TO RECEIVE NATIONAL
SEATTLE, WASHINGTON - PRIMA CONFERENCE - JUNE
1995
SAFETY
AWARD -
5 TO 7,
(85)
Victor Lorch, Director of Risk Management, submitted a Staff
Report dated May 10, 1995, requesting authorization for Tom Marek,
Safety Officer, to travel out-of-state to receive the Public Risk
Management Associations (PRIMA) Associa~e in Risk Management (ARM)
award for achieving the highest score nationwide in the ARM
Program.
Council Member Devlin made a motion, seconded by Council
Member Miller, and unanimously carried, that authorization for out-
of-state travel for Tom Marek, Safety Officer, Risk Management, to
receive a national award at the Public Risk Management Association
(PRIMA) Conference in Seattle, Washington scheduled for June 5
through June 7, 1995, be approved.
RES. 95-162 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO SCC GENERAL CONTRACTOR FOR PHASE
II IMPROVEMENTS AT LITTLEFIELD/SHULTIS (BUCKBOARD) PARK.
(86)
Council Member Devlin made a motion, seconded by Council
Member Oberhelman, that said resolution be adopted.
Resolution
Ayes: Council
Devlin, Miller.
No. 95-162 was adopted by the following vote:
Members Negrete, Curlin, Hernandez, Oberhelman,
Nays: None. Absent: Council Member Pope-Ludlam.
24
5/15/95
RES. 95-163 - RESOLUTION OF THE CITY OF SAN BERNARDINO
APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 15573,
LOCATED ON THE NORTH SIDE OF COULSTON, BETWEEN CURTIS AND
ROSENA AVENUES, 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. (87)
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, that said resolution be adopted.
Resolution
Ayes: Council
Devlin, Miller.
No. 95-163 was adopted by the following vote:
Members Negrete, Curlin, Hernandez, Oberhelman,
Nays: None. Absent: Council Member Pope-Ludlam.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING
SECTIONS 2.34.030.G, 5.76.020, 5.76.490, 5.76.540,
5.76.550 AND 5.76.555 AND AMENDING SECTIONS 5.76.030,
5.76.140, 5.76.230 AND 5.76.350 OF THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO SETTING RATES FOR AND
REGULATION OF TOW TRUCKS. First (88)
Council Member Miller made a motion, that said ordinance be
laid over for final adoption.
The motion failed for lack of a second.
John Lightburn, P. O. Box 1622, San Bernardino, CA,
representing the San Bernardino Tow Truck Operators Association,
voiced support for referring this matter to the Legislative Review
Committee.
Council Member Curlin made a motion, that the matter be
continued to May 22, 1995, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
The motion failed for lack of a second.
Council Member Miller made a motion, seconded by Council
Member Devlin, that said ordinance be laid over for final adoption;
and that said ordinance be referred to the Legislative Review
Committee.
The motion carried by the following vote:
Members Curlin, Hernandez, Oberhelman, Devlin,
Council Member Negrete. Absent: Council Member
Ayes: Council
Miller. Nays:
Pope-Ludlam.
REVIEW PROPOSED FISCAL YEAR 1995/96 BUDGET - SELECT DATES
(33)
Fred Wilson, Assistant City Administrator, submitted a Staff
Report dated May 9, 1995, requesting that the Mayor and Council set
25
5/15/95
the dates and times for the Fiscal Year 1995/95 budget hearings.
It was the consensus of the Mayor and Council that the
following dates be selected for the Mayor and Common Council to
review the proposed Fiscal Year 1995/96 budget: Monday, June 12,
1995, commencing at 1:00 p.m.; Tuesday, June 13, 1995, commencing
at 8:00 a.m.; and Thursday, June 15, 1995, from 8:00 a.m. to 12
noon.
NEW BUSINESS - EXTEND SERVICE USERS TAX (UTILITY TAX) ONE
HALF PERCENT (.5%) INCREASE (NB1)
Shauna Clark, City Administrator, stated that at the next
meeting staff would be recommending that the one half percent (.5%)
increase to the Service Users Tax (Utility Tax) be extended from
July 1, 1995 to June 30, 1998.
PUBLIC HEARING - IMPOSING LIENS ON PROPERTY - UNCOLLECTED
BUSINESS REGISTRATION FEES (23)
This is the
consider imposing
registration fees.
time and place set
liens on property
for
for
a public hearing to
uncollected business
Rachel Clark, City Clerk, submitted a Staff Report dated April
26, 1995, requesting authorization to impose liens on property for
uncollected business registration fees.
City Clerk Rachel Clark, submitted a Memorandum dated May 11,
1995, requesting that Exhibit A to the resolution be amended to
delete the following properties: 1434 Parks ide Dr., 1134 N.
Sepulveda Ave., 608 E. 16th St., 171 S. Waterman Ave., and 1151 N.
IIDII St.
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. (23)
POLICE DEPARTMENT - VEHICLE TOWING - CONTINUED FROM MARCH
20, 1995 (25)
This is the time and place cont inued to consider vehicle
towing related to the Police Department.
26
5/15/95
ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING SECTION
2.34.030 (G) OF THE SAN BERNARDINO MUNICIPAL CODE RELATING
TO THE REVIEW OF THE CALIFORNIA HIGHWAY PATROL TOWING
CHARGE RATE SCHEDULE BY THE POLICE COMMISSION, AND
AMENDING SECTION 5.76.230 OF THE SAN BERNARDINO MUNICIPAL
CODE RELATING TO REVIEW OF THE FRANCHISE BOARD OF RATES
AND FARES AND DELETING TOW CARRIERS THEREFROM, AND
AMENDING SECTION 5.76.490B OF THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO REVIEW OF THE FRANCHISE BOARD
OF RATES AND FARES AND DELETING TOW CARRIERS THEREFROM.
(Continued from March 20, 1995) First (25A)
RESOLUTION OF THE CITY OF SAN BERNARDINO REPEALING
RESOLUTION NO. 82 -179 RELATING TO FIXING AND ESTABLISHING
RATES OF TOWING AND STORAGE SERVICES BY TOWING VEHICLES.
(Continued from March 20, 1995) (25B)
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 OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO THE DISPOSAL OF SCRAP TIRES. (Continued from
May 1, 1995) First (27)
PROPOSED PURCHASE - LOGGING RECORDER SYSTEM -
DEPARTMENT - CONTINUED FROM MAY 1, 1995
POLICE
(28)
This is the time and place continued to consider the proposed
purchase of a Logging Recorder System for the Police Department.
Barbara pachon, Director of Finance, submitted a Staff Report
dated May 9, 1995, regarding the proposed purchase of a Logging
Recorder System for use by the Police Department.
POLICE DEPARTMENT MANAGEMENT AUDIT REPORT - CONTINUED
FROM MAY 8, 1995 (29)
This is the time and place continued to consider the Police
Department Management Audit Report.
Senior Assistant City Attorney Morillo submitted Legal Opinion
No. 95-02, dated May 12, 1995, relative to the proposed
recommendations contained in the Police Department Management Audit
Report conducted by Ralph Andersen and Associates.
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING
RESOLUTION NO. 655 ENTITLED, IN PART, "A RESOLUTION...
DESIGNATING CERTAIN STREETS OR PORTIONS THEREOF AS
THROUGH HIGHWAYS...; n AND PROVIDING THAT THIRTY-NINTH
STREET IS A THROUGH HIGHWAY AT ITS INTERSECTION WITH
SEVERANCE AVENUE. (30)
27
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TRAFFIC SAFETY COMMITTEE - CLOSURE OF 18TH STREET WEST OF
ARROWHEAD AVENUE - RECEIVE & FILE RECOMMENDATION (31)
Roger Hardgrave, Director of Public Works/City Engineer,
submitted a Staff Report dated April 27, 1995, recommending that
the Traffic Safety Committee's recommendation relative to the
proposed closure of 18th Street, west of Arrowhead Avenue, be
received and filed.
STREET IMPROVEMENTS - RANCHO AVENUE (EAST SIDE) SOUTH OF
SANTA FE RAILWAY - APPROVE PLAN & AUTHORIZE ADVERTISEMENT
FOR BIDS - PLAN NO. 9137 (32)
Roger Hardgrave, Director of Public Works/City Engineer,
submitted a Staff Report dated May 2, 1995, regarding the proposed
street improvements on Rancho Avenue, east side, south of the Santa
Fe Railway.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SUBSECTION E OF SECTION 5.04.360 OF THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO SOLICITING, BEGGING OR
ADVERTISING ON CERTAIN CONGESTED STREETS.
First (34)
CITY ATTORNEY'S OFFICE - REQUEST TO RESTORE FUNDING - TWO
INVESTIGATOR POSITIONS - FY 1994-95 BUDGET & ADJUST FY
1995/96 BUDGET "BOTTOM LINE" (35)
Senior Assistant City Attorney Morillo, submitted a Staff
Report dated May 4, 1995, requesting that the City Attorney's
Office Fiscal Year 1994/95 budget be increased to restore funding
for the two Investigator positions; and correspondingly that the
"bottom line" budget for Fiscal Year 1995/96, be increased
similarly.
Charles Green, City Legal Counsel, Sabo & Green, 23901
Calabasas Rd., Suite #2039, Calabasas, CA, submitted a letter dated
May 10, 1995, relative to the Juanita Scott. PhD. et al vs. Common
Council of the Citv of San Bernardino. etc.. et al.. San
Bernardino County Superior Court Case No. SCV 13711 regarding the
City's good faith effort to comply with the judge'S ruling in this
matter.
CHARTER SECTION 36 - MAYOR PRO TEM TO PRESIDE IN ABSENCE
OF MAYOR - COUNCIL MEMBER CURLIN (36)
Council Member Curlin submitted a Staff Report dated May 8,
1995, requesting that the Mayor and Council review Charter Section
36 relative to the Mayor Pro Tem presiding in the absence of the
Mayor.
28
5/15/95
RESOLUTION OF THE CITY OF SAN BERNARDINO TO ENTER INTO A
STIPULATION FOR AMENDMENT AND AMENDMENT TO JUDGMENT AND
DECREE WITH THE CITY OF RIVERSIDE TO MODIFY PUMPING
RIGHTS WITHIN SPECIFIED AREAS OF THE BUNKER HILL
GROUNDWATER BASIN AS ESTABLISHED BY THE 1922 JUDGMENT NO.
13754. (39)
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that these matters be
continued to May 22, 1995, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California. (Item Nos. 23,
25, 27, 28, 29, 30, 31, 32, 34, 3 5, 3 6, and 3 9 . )
ADJOURNMENT
(42)
At 6:38 p.m., the meeting was adjourned. The next meeting is
scheduled to be held at 9:00 a.m., Monday, May 22, 1995, in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
RACHEL CLARK
City Clerk
By
'"70-/a~-<-' ~
Melanie Vale
Deputy City Clerk
No. of Items: 54
No. of Hours: 8
29
5/15/95