HomeMy WebLinkAbout08-21-1995 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
REGULAR MEETING
AUGUST 21, 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 8:07
a.m., Monday, August 21, 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,
Hernandez, Oberhelman, Devlin; City Attorney Penman, City Clerk
Rachel Clark, City Administrator Shauna Clark. Absent: Council
Members Curlin, Pope-Ludlam, Miller.
City Attorney Penman announced that the following additional
case would be discussed in closed session:
Sharon McGill, quardian ad litem for Lawrence Crain, vs. City
of San Bernardino - San Bernardino Superior Court Case No.
229990, Fourth District Court of Appeals Case No. E011830.
RECESS MEETING - CLOSED SESSION (1)
At 8:07 a.m., the Mayor and Common Council recessed 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):
Western Empire Industries,
Bernardino San Bernardino
255130 ;
Inc. vs.
Superior
City
Court
of
Case
San
No.
Filson vs. Citv of San Bernardino
Superior Court Case No. SCV 20733;
San Bernardino
Georqe Aquilar vs. City of San Bernardino San
Bernardino Superior Court Case No. 27061.
B. Conference with legal counsel - anticipated litigation -
initiation of litigation - pursuant to Government Code
Section 54956.9(c): one potential case;
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8/21/95
C. Conference with legal counsel - anticipated litigation -
significant exposure to litigation - pursuant to
Government Code Section 54956.9(b);
D. Conference with Labor Negotiator - pursuant to Government
Code Section 54957.6:
1. Aqency Neqotiator
Barbara Dillon, Personnel Director
Employee Orqanizations
San Bernardino Public Employees Association
General Unit
San Bernardino Public Employees Association - Mid-
Management Unit (SBPEA)
2. Aqency Neqotiator
Shauna Clark, City Administrator
Employee Orqanization
San Bernardino City Management Association (SBCMA)
CLOSED SESSION
At 8:07 a.m., Mayor Minor called the closed session to order
in the conference room of the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Hernandez, Oberhelman, Devlin; City Attorney Penman, City Clerk
Rachel Clark, City Administrator Shauna Clark. Absent: Council
Members Curlin, Pope-Ludlam, Miller.
Also
Scroggin,
Office.
present: Personnel Director Dillon and Margaret
Administrative Operations Supervisor, City Attorney's
READING OF RESOLUTIONS & ORDINANCES
Deputy City Clerk Hartzel read the titles of all the
resolutions and ordinances on the regular and supplemental agenda
of the Mayor and Common Council and Community Development
Commission/San Bernardino Joint Powers Financing Authority agendas
while the Council was in closed session.
COUNCIL MEMBER CURLIN ARRIVED
At 8:10 a.m., Council Member Curlin arrived at the closed
session.
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COUNCIL MEMBER POPE-LUDLAM ARRIVED
At 8:12 a.m., Council Member Pope-Ludlam arrived at the closed
session.
COUNCIL MEMBER MILLER ARRIVED
At 8:13 a.m., Council Member Miller arrived at the closed
session.
SENIOR ASSISTANT CITY ATTORNEY MORILLO ARRIVED
At 8:31 a.m., Senior Assistant City Attorney Morillo arrived
at the closed session.
ADJOURN CLOSED SESSION
At 8: 55 a. m., the closed session adj ourned to the regular
meeting of the Mayor and Common Council.
RECONVENE MEETING
At 9:04 a.m., Mayor Minor reconvened the regular meeting of
the Mayor and Common Council of the City of San Bernardino in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Hernandez, Oberhelman, Devlin; City Attorney Penman, City
Clerk Rachel Clark, City Administrator Shauna Clark. Absent:
Council Members Pope-Ludlam, Miller.
INVOCATION
The invocation was given by Chaplain David Randolph, San
Bernardino Community Hospital.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Negrete.
APPOINTMENT FINE ARTS COMMISSION
JOHNSON - COUNCIL MEMBER POPE-LUDLAM
IN THE MEETING - SEE PAGE 20
ROBERT MAURICE
- REFERENCED LATER
(2)
Mayor Minor submitted a Staff Report dated August 10, 1995,
requesting the appointment of Robert Maurice Johnson, 1891-F
Bradley Court, San Bernardino, CA, to the Fine Arts Commission, as
requested by Council Member Pope-Ludlam.
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the appointment of
Robert Maurice Johnson to the Fine Arts Commission, be approved.
APPOINTMENT - COMMUNITY TELEVISION COMMISSION - ROBERT
MAURICE JOHNSON - COUNCIL MEMBER POPE-LUDLAM - REFERENCED
LATER IN THE MEETING - SEE PAGE 20 (2A)
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Mayor Minor submitted a Staff Report dated August 10, 1995,
requesting the appointment of Robert Maurice Johnson, 1891-F
Bradley Court, San Bernardino, CA, to the Community Television
Commission, as requested by Council Member Pope-Ludlam.
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the appointment of
Robert Maurice Johnson to the Community Television Commission, be
approved.
COUNCIL MEMBER MILLER RETURNED
At 9:07 a.m., Council Member Miller returned to the Council
meeting and took her place at the council table.
PRESENTATION - F.J. CURLIN, M.D. - VOLUNTEER OF THE YEAR
- SAN BERNARDINO COUNTY HEALTH DEPARTMENT (2B)
Carolyn Williams, Health
Department of Public Health,
honoring him as Volunteer of
dedication toward a smoke-free
Educator, San Bernardino County
presented a plaque to Dr. Curlin
the Year for his leadership and
environment.
Dr. Curlin accepted his plaque.
COUNCIL MEMBER
At 9:12 a.m.,
Council meeting and
POPE-LUDLAM RETURNED
Council Member Pope-Ludlam returned
took her place at the council table.
to
the
SERVICE PIN AWARDS
(2C)
J. Lorraine Velarde, Executive Assistant to the Mayor, read
the names of the following employees who received service pin
awards in recognition of their many years of dedicated service to
the City:
Name
Department
Sylvia Romero
James Kearns
Sophie Arias
Kim Burgett
Council Office
Fire Department
Mayor's Office
Parks, Recreation &
Community Services
Police Department
Police Department
Public Services
San Bernardino Employment
& Training Agency
San Bernardino Employment
& Training Agency
Jeff Breiten
Donald Soderbloom
Jesse Lizarraga
Jeffrey Chism
Paul Collette
Years of Service
15 year pin
10 year pin
5 year pin
15 year pin
15 year pin
15 year pin
10 year pin
5 year pin
15 year pin
Each employee received a service pin presented by Mayor Minor.
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ANNOUNCEMENT - COUNCIL MEMBER CURLIN
(3)
Council Member Curlin expressed concern that there were so few
candidates running for City office in the November 7, 1995
election, and stated that the Council needs to be cognizant of the
quality of their performance.
ANNOUNCEMENT - COUNCIL MEMBER DEVLIN
(3A)
Council Member Devlin stated that the Police Strategic Plan
Steering Committee held a meeting on August 16 and would be
finalizing their mission statement on August 23. He indicated that
a progress report would be submitted at each Council meeting.
ANNOUNCEMENT - COUNCIL MEMBER POPE-LUDLAM
(3B)
Council Member Pope-Ludlam expressed concern regarding the
number of potholes in the streets and the need for repairs prior to
the rainy season.
ANNOUNCEMENT - COUNCIL MEMBER MILLER
(3C)
Council Member Miller inquired whether a time line had been
established for development of the Police Strategic Plan.
ANNOUNCEMENT - CITY CLERK RACHEL CLARK
(3D)
City Clerk Rachel Clark introduced Melissa Marshall, a local
high school student who recently participated as "City Clerk" in
the micro-city at California State University, San Bernardino.
ANNOUNCEMENT - CITY ATTORNEY PENMAN
(3E)
City Attorney Penman congratulated City Clerk Rachel Clark,
City Treasurer David Kennedy, and Council Member Miller on their
re-election, as they will be running unopposed in the November
election.
PUBLIC COMMENTS - RUBEN LOPEZ
(4)
Ruben Lopez, 631 West 16th Street, San Bernardino, CA, spoke
on election fraud, urged people to vote in the upcoming November
election, and reminded people to re-register if they have moved.
PUBLIC COMMENTS - DAVE AULT
(4A)
Dave Ault, Taormina Industries, Inc., 1131 N. Blue Gum Street,
Anaheim, CA, presented a rebate check for $1,000 to the City for
the first full month of the commingled recyclables pilot program
and thanked the Council for their on-going support.
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PUBLIC COMMENTS - TERRY MOLL
(4B)
Terry Moll, 6705 N. Steven Way, San Bernardino, CA, urged
residents to register and vote in the upcoming City election.
PUBLIC COMMENTS - JEFF WRIGHT
(4C)
Jeff Wright, P.O. Box 2341, San Bernardino, CA, stated that he
had been harassed by City personnel on his last visit to City Hall.
COUNCIL MEMBER DEVLIN EXCUSED
At 9:36 a.m., Council Member Devlin left the Council meeting.
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5)
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, 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 MEMBER DEVLIN RETURNED
At 9:38 a.m., Council Member Devlin returned to the Council
meeting and took his place at the council table.
RES. 95-293 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION NO. 6413, SECTION ELEVEN, ENTITLED IN
PART "A RESOLUTION ... ESTABLISHING A BASIC COMPENSATION
PLAN ..." BY CODIFYING PRIOR COUNCIL ACTIONS. (MIDDLE-
MANAGEMENT UNIT) (6)
Jeff Wright, P.O. Box 2341, San Bernardino, CA, inquired about
the funding source.
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, that said resolution be adopted.
Resolution No. 95-293 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
COUNCIL MEMBER
At 9: 39 a. m. ,
meeting.
POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council
RES. 95-294 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A
RESOLUTION ESTABLISHING A BASIC COMPENSATION PLAN
" BY UPDATING INFORMATION CODIFYING PRIOR COUNCIL
ACTIONS. (MANAGEMENT EMPLOYEES) (7)
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
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Resolution
Ayes: Council
Devlin, Miller.
No. 95-294 was adopted by the following vote:
Members Negrete, Curlin, Hernandez, Oberhelman,
Nays: None. Absent: Council Member Pope-Ludlam.
COUNCIL MEMBER
At 9 :41 a.m.,
Council meeting and
POPE-LUDLAM RETURNED
Council Member Pope-Ludlam returned
took her place at the council table.
to
the
CLAIMS AND PAYROLL
(8)
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 August 15, 1995, from the Director of Finance, be approved.
PERSONNEL ACTIONS
(9)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried*, that the personnel actions
submitted by the Chief Examiner dated August 10, 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. (*Note: Council Member Hernandez abstained
from voting on Personnel Action Item No. 3 and voted "No" on the
unclassified Personnel Action Item No.1.)
ORD. MC-950 - ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL
CODE ENTITLED WASTEWATER FACILITIES. Final (10)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that said ordinance be adopted.
Ordinance No. MC-950 was adopted by the following vote:
Council Members Negrete, Curlin, Hernandez, Oberhelman,
Pope-Ludlam, Miller. Nays: None. Absent: None.
Ayes:
Devlin,
ADOPT NEGATIVE DECLARATION & FINDING OF CONSISTENCY WITH
CIRCULATION ELEMENT OF GENERAL PLAN WIDEN SAN
BERNARDINO AVENUE BETWEEN RICHARDSON STREET & MOUNTAIN
VIEW AVENUE (11)
Roger Hardgrave, Director of Public Works/City Engineer,
submitted a Staff Report dated July 24, 1995, regarding the
adoption of the Negative Declaration for Public Works Project No.
95-01, widening of San Bernardino Avenue between Richardson Street
and Mountain View Avenue.
Council Member Oberhelman made a motion, seconded by Council
Member Miller, and unanimously carried, that the Negative
Declaration for Public Works Project No. 95-01, widening of San
Bernardino Avenue, between Richardson Street and Mountain View
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8/21/95
Avenue, be adopted; and that a finding be made that the widening of
San Bernardino Avenue between Richardson Street and Mountain View
Avenue is consistent with the circulation element of the General
Plan.
AUTHORIZATION TO PROCEED & APPROVE PLAN - VACATE
OF THIRD STREET, BETWEEN MT. VERNON AVENUE &
BOULEVARD
PORTION
VIADUCT
(12)
Roger Hardgrave, Director of Public Works/City Engineer,
submitted a Staff Report dated August 3, 1995, requesting
authorization to proceed and approval of Plan No. 9340 relative to
the vacation of a portion of Third Street between Mt. Vernon Avenue
and Viaduct Boulevard.
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that the Director of
Public Works/City Engineer and the City Clerk be authorized to
proceed with the proposed vacation of a portion of Third Street,
between Mt. Vernon Avenue and Viaduct Boulevard; and that Plan No.
9340 showing the proposed area of vacation for that portion of
Third Street previously described, be approved.
CONTRACT CHANGE ORDER NO. ONE - MATICH CORPORATION -
INCORPORATE ADDITIVE ALTERNATIVES NO. 1 & 2 - REDUCE
ESTIMATED QUANTITY FOR REPAIR OF STREET CUT/POTHOLE -
INCREASE IN CONTRACT PRICE $71,020.60 - HEAT AND SCARIFY
PAVEMENT ON VARIOUS STREETS - DISCUSSED LATER IN THE
MEETING - SEE PAGE 12 (l3)
Roger Hardgrave, Director of Public Works/City Engineer,
submitted a Staff Report dated August 8, 1995, concerning Change
Order No. One to the contract with Matich Corporation to
incorporate Additive Alternate Nos. 1 and 2 into the contract,
reduce the estimated quantity for repair of street cuts/potholes,
and rehabilitate pavement for various streets throughout the city.
City Attorney Penman declared a conflict of interest.
Council Member Hernandez asked that the matter be postponed to
later in the meeting.
RES. 95-295 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER TO HALPRIN SUPPLY COMPANY FOR
THE PURCHASE AND DELIVERY OF SURVIVAIR BREATHING
APPARATUS, TO BE USED AS REPLACEMENT EQUIPMENT BY THE
FIRE DEPARTMENT. THIS AWARDING OF THE PURCHASE ORDER TO
HALPRIN IS BASED UPON CRITERIA SET FORTH UNDER THE
"SELECTED SOURCE" PURCHASING PROCEDURES OF THE CITY OF
SAN BERNARDINO. (14)
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8/21/95
Discussion ensued regarding the condition of the existing
breathing apparatus and the proposed seven-year replacement period.
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Resolution No. 95-295 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
RES. 95-296 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND
COMMUNITY SERVICES DEPARTMENT TO EXECUTE AMENDMENT NO. 5
TO THE AGREEMENT BETWEEN THE CITY AND CASA RAMONA, INC.
RELATING TO THE OPERATION OF A DROP-IN CENTER LOCATED AT
1524 WEST 7TH STREET, SAN BERNARDINO, CALIFORNIA, TO
EXTEND THE TERM OF THE AGREEMENT FOR AN ADDITIONAL ONE
YEAR PERIOD. (15)
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, that said resolution be adopted.
Resolution No. 95-296 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
RES. 95-297 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER TO HAAKER EQUIPMENT COMPANY FOR
THE FURNISHING AND DELIVERY OF ONE (1) EACH SEWER
CLEANING TRUCK TO BE UTILIZED BY THE PUBLIC SERVICES
DEPARTMENT OF THE CITY OF SAN BERNARDINO IN ACCORDANCE
WITH BID SPECIFICATION F-95-12. (16)
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, that said resolution be adopted.
Resolution No. 95-297 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
AUTHORIZATION TO PROCEED & CONFIRM SELECTION OF
CONSULTANTS FORM ACQUISITION ASSESSMENT DISTRICT
CONSTRUCTION OF NEW PINE AVENUE BETWEEN KENDALL DRIVE &
IRVINGTON AVENUE - CONTINUED FROM AUGUST 7, 1995 (17)
This is the time and place continued to consider confirmation
of consultants and authorization to initiate the proceedings for
formation of an acquisition assessment district for new pine Avenue
between Kendall Drive and Irvington Avenue.
City Administrator Shauna Clark requested that the matter be
continued to the Council meeting of September 5, 1995.
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8/21/95
Council Member Devlin made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the matter be
continued to September 5, 1995, in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
DISCUSS AND TAKE POSSIBLE ACTION ELIMINATE MONTHLY
SEWER CONNECTION FEES TO HOMEOWNERS NOT CONNECTED TO THE
CITY'S SEWER MAIN - COUNCIL MEMBER HERNANDEZ - CONTINUED
FROM JULY 24, 1995 (18)
This is the time and place continued to consider elimination
of the monthly sewer connection fees to homeowners that are not
connected to the City sewer main.
Council Member Hernandez made a motion,
Member Oberhelman, and unanimously carried,
tabled.
seconded by Council
that the matter be
COUNCIL MEMBER POPE-LUDLAM EXCUSED
At 9:55 a.m., Council Member Pope-Ludlam left the Council
meeting.
DISCUSS & TAKE POSSIBLE ACTION - CODE ENFORCEMENT TIME
LINES - COUNCIL MEMBER HERNANDEZ (81)
Council Member Hernandez submitted a Staff Report dated August
16, 1995, recommending discussion and possible action relative to
Code Enforcement time lines.
A discussion was held
and some of the problems
violation is reported.
regarding the code compliance process
which contribute to delays once a
City Administrator Shauna Clark stated that several factors
are involved in the code enforcement process including the
requirement for adequate notification and time for the property
owner to comply; and added that the Director of Planning and
Building Services should be included in discussions pertaining to
this matter.
City Attorney Penman advised that under the Uniform Code for
Abatement of Dangerous Buildings, if there is danger to life or
property, immediate remedial action is possible.
COUNCIL MEMBER
At 9:58 a.m.,
Council meeting and
POPE-LUDLAM RETURNED
Council Member Pope-Ludlam returned
took her place at the council table.
to
the
Council Member Hernandez stated he would submit a plan at the
next Council meeting and asked that the matter be continued to that
time.
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8/21/95
Council Member Hernandez made a motion, seconded by Council
Member Miller, and unanimously carried, that the matter be
continued to September 5, 1995, in the Council Chambers of City
Hall, 300 North nDn Street, San Bernardino, California. (Note:
Although Council Member Pope-Ludlam was present, she did not
register a vote.)
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO CALLING A SPECIAL ELECTION AND SUBMITTING
TO THE ELECTORS A MEASURE TO ALLOW CARD CLUBS WITHIN THE
CITY OF SAN BERNARDINO. (82)
Council Member Negrete made a motion, seconded by Council
Member Miller, that the matter be continued to September 5, 1995,
in the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
Discussion ensued, and it was the consensus of opinion that
the matter should be reviewed by an ad hoc committee prior to any
action being taken by the Council.
Council Member Negrete made an amended motion, seconded by
Council Member Miller, and unanimously carried, that the matter be
reviewed by an ad hoc committee composed of Council Members Negrete
(Chairman), Hernandez, and Devlin; and that the matter be continued
to September 5, 1995, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
RES. 95-298 - 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. (83)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
Resolution No. 95-298 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
RECESS MEETING
At 10:15 a.m., Mayor Minor recessed the meeting to 11:00 a.m.,
in the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
RECONVENE MEETING
At 10:57 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.
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8/21/95
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Hernandez, Oberhelman, Devlin, Miller; City Clerk Rachel Clark,
City Administrator Shauna Clark. Absent: Council Members Curlin,
Pope-Ludlam; City Attorney Penman.
CONTRACT CHANGE ORDER NO. ONE - MATICH CORPORATION -
INCORPORATE ADDITIVE ALTERNATIVES NO. 1 & 2 - REDUCE
ESTIMATED QUANTITY FOR REPAIR OF STREET CUT/POTHOLE -
INCREASE IN CONTRACT PRICE $71,020.60 - HEAT AND SCARIFY
PAVEMENT ON VARIOUS STREETS - DISCUSSED EARLIER IN THE
MEETING - SEE PAGE 8 (13)
This is the time and place continued from earlier in the
meeting to consider Change Order No. One to the contract with
Matich Corporation for rehabilitation cf pavement for various city
streets.
City Administrator Shauna Clark explained that the streets
specified in the change order had been part of the original bid
package and designated as additive alternates at that time;
therefore, it was not necessary to go out for bid again.
Council Member Oberhelman made a motion, seconded by Council
Member Miller, and unanimously carried, that the transfer of
$72,000, from Account No. 129-369-3405, "Undesignated Fund
Balance," to Account No. 129-369-5504-1521, "Rehabilitation of
Pavement on Various Streets - City-wide," be approved; and that
Change Order No. One to the contract with Matich Corporation for
heat and scarification of pavement on various streets, in
accordance with Plan No. 9304, be approved; to incorporate Additive
Alternate Nos. 1 and 2 into the contract and reduce the estimated
quantity for repair of street cut/pothole, for a net increase in
the contract price of $71,020.60; from $632,537.00 to $703,557.60.
CITY ADMINISTRATOR SHAUNA CLARK EXCUSED
At 11: 00 a. m., City Administrator Shauna Clark left the
Council meeting and was replaced by Economic Development Agency
Administrator Timothy Steinhaus.
SENIOR ASSISTANT CITY ATTORNEY BARLOW & ECONOMIC
DEVELOPMENT AGENCY SPECIAL COUNSEL TIMOTHY SABO ARRIVED
At 11:00 a.m., Senior Assistant City Attorney Barlow and
Economic Development Agency Special Counsel Timothy Sabo arrived at
the Council meeting.
COMMUNITY DEVELOPMENT COMMISSION - SAN BERNARDINO JOINT
POWERS FINANCING AUTHORITY - JOINT REGULAR MEETING
At 11:00 a.m., Chairman Minor called the joint regular meeting
of the Mayor and Common Council and Community Development
Commission/San Bernardino Joint Powers Financing Authority to order
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8/21/95
in the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
COUNCIL MEMBER POPE-LUDLAM RETURNED
At 11:01 a.m., Council Member Pope-Ludlam arrived at the
Council meeting and took her place at the council table.
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 regular and supplemental agenda
of the Community Development Commission/San Bernardino Joint Powers
Financing Authority, be waived.
COUNCIL MEMBER CURLIN RETURNED
At 11:04 a.m., Council Member Curlin returned to the Council
meeting and took his place at the council table.
PUBLIC HEARING - "H" STREET AUTO BODY - 1228
STREET OWNER PARTICIPATION AGREEMENT
DEVELOPMENT BLOCK GRANT FUNDS - $25,000
NORTH "H"
COMMUNITY
(R9)
This is the
consider an owner
Street Auto Body.
time and place set for a public hearing to
participation agreement with the owner of "H"
Barbara Lindseth, Acting Director, Development Department,
Economic Development Agency, submitted a Staff Report dated August
16, 1995, regarding an agreement to provide financial assistance to
"H" Street Auto Body, 1228 North "H" Street, San Bernardino, CA, in
connection with the rehabilitation and development of its vehicle
repair facility.
Mayor Minor opened the hearing.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the hearing be closed.
Council Member Oberhelman made a
Member Devlin, that the Mayor and
Employment Linkage Program package
utilizing Community Development Block
to exceed $25,000.
motion, seconded by Council
Common Council approve an
for "H" Street Auto Body
Grant funds in an amount not
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.
PUBLIC HEARING TRINITY FURNITURE 1050
AVENUE OWNER PARTICIPATION AGREEMENT
DEVELOPMENT BLOCK GRANT FUNDS - $30,000
13
W. RIALTO
COMMUNITY
(R10)
8/21/95
This is the time and place set for a public hearing to
consider an owner participation agreement with the owner of Trinity
Furniture.
Barbara Lindseth, Acting Director, Development Department,
Economic Development Agency, submitted a Staff Report dated August
16, 1995, relative to an agreement to provide financial assistance
to Trinity Furniture, 1050 W. Rialto Avenue, San Bernardino, CA, in
connection with the rehabilitation and development of its
manufacturing facilities.
Mayor Minor opened the hearing.
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that the hearing be
closed.
Council Member Miller made a motion, seconded by Council
Member Pope-Ludlam, that the Mayor and Common Council approve an
Employment Linkage Program package for Trinity Furniture utilizing
Community Development Block Grant funds in an amount not to exceed
$30,000.
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.
PUBLIC HEARING - AMEND U. S. DEPARTMENT OF HOUSING & URBAN
DEVELOPMENT CONSOLIDATED PLAN (HUD) ADDITIONAL
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECTS (R11)
This is the time and place set for a public hearing to
consider additional Community Development Block Grant projects for
the 1995/1996 mid-year amended U.S. Department of Housing and Urban
Development Consolidated Plan.
Barbara Lindseth, Acting Director, Development Department,
Economic Development Agency, submitted a Staff Report dated August
16, 1995, containing a synopsis of previous actions taken and staff
recommendations for the 1995/1996 mid-year amended HUD Consolidated
Plan.
Linda Drew, Teddy Bear Tymes Child Care Center, 780 E. Gilbert
Street, San Bernardino, CA, requested funding for the child care
center.
Marcia Lewis, Executive Director, \~CA, 567 N. Sierra Way, San
Bernardino, CA, thanked the Council for their support.
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that the hearing be
closed.
14
8/21/95
Council Member Negrete made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the Mayor and
Common Council approve and adopt staff's recommendations for mid-
year 1995/1996 Community Development Block Grant (CDBG) funded
projects and authorize the Mayor to submit these projects as part
of the action plan component of the amended Consolidated Plan to
the U.S. Department of Housing and Urban Development (HUD).
RES. 95-299 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN AMENDED
CONSOLIDATED PLAN IN CONNECTION WITH IMPLEMENTING THE
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDED PROGRAM. (R11B)
RES. 95-300 - 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 AMENDED
CONSOLIDATED PLAN. (R11C)
Council Member Negrete made a motion, seconded by Council
Member Oberhelman, that said resolutions be adopted.
Resolution Nos. 95-299 and 95-300 were adopted by the
following vote: Ayes: Council Members Negrete, Curlin, Hernandez,
Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent:
None.
Council Member Negrete made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the Mayor and
Common Council cancel the 1995/1996 Highland Avenue Lighting
Project ($50,400) and the 1994/1995 Central City Facade Program
($200,000) and reprogram said funds to certain capital improvement
projects; that the Mayor and Common Council cancel the 1994/1995
People's Choice ($14,000) program and reprogram remaining funds
associated with the Community Service Department of the County of
San Bernardino ($6,000) program and reprogram said funds ($20,000)
to certain public service proj ects; that the Mayor and Common
Council approve the insertion of a clause in the YMCA Program
Center agreement stating that the grant will be repaid should the
YMCA realize any profit from the sale of property; and further
approve the insertion of a clause in the Boys and Girls Club
program administration agreement stating that funds are to be used
for the payment of utility costs incurred in the operation of the
Boys and Girls Club facility.
Council Member Devlin thanked the Community Development
Citizen Advisory Committee for a job well done.
Economic Development Agency Administrator Steinhaus thanked
the Community Development Citizen Advisory Committee and Laura
Landa, Development Specialist, Economic Development Agency, for
their work on this project.
15
8/21/95
AUGMENT ECONOMIC DEVELOPMENT AGENCY CONTRIBUTION
OPTICAL IMAGING SYSTEM - RECORDS MANAGEMENT - CENTRAL
POLICE STATION (RS2)
Barbara Lindseth, Acting Director, Development Department,
Economic Development Agency, submitted a Staff Report dated August
19, 1995, regarding augmenting the Economic Development Agency's
contribution toward the Central Police Station optical imaging
system for records management.
Council Member Oberhelman made a motion, seconded by Council
Member Pope-Ludlam, and unanimously carried, that the Mayor and
Common Council approve the use of $29,000 from the Police
Department's Records Management budget accounts 001-222-5505
($20,000) and 001-222-5604 ($9,000) to augment the Economic
Development Agency's contribution towards the Optical Document
Imaging System.
RECESS MEETING - CLOSED SESSION (1&R13)
At 11:47 a.m., the Mayor and Common Council and Community
Development Commission recessed 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):
Western Empire Industries,
Bernardino San Bernardino
255130;
Inc. vs.
Superior
Citv
Court
of
Case
San
No.
Filson vs, Citv of San Bernardino
Superior Court Case No, SCV 20733;
San Bernardino
Georae Aauilar vs, Citv of San Bernardino San
Bernardino Superior Court Case No, 27061.
B, Conference with legal counsel - anticipated litigation -
initiation of litigation - pursuant to Government Code
Section 54956,9(c): one potential case;
C. Conference with legal counsel - anticipated litigation -
significant exposure to litigation pursuant to
Government Code Section 54956.9(b);
D. Conference with Labor Negotiator - pursuant to Government
Code Section 54957.6:
1. Aaencv Neaotiator
Barbara Dillon, Personnel Director
16
8/21/95
Emplovee Oraanizations
San Bernardino Public Employees Association
General Unit
San Bernardino Public Employees Association - Mid-
Management Unit (SBPEA)
2. Aaencv Neaotiator
Shauna Clark, City Administrator
Emplovee Oraanization
San Bernardino City Management Association (SBCMA)
R13. Conference with legal
significant exposure to
Code Section 54956.9(b)
counsel pending litigation
litigation - pursuant to Government
CLOSED SESSION
At 11:47 a.m., Mayor Minor called the closed session to order
in the conference room of the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; City
Attorney Penman, City Clerk Rachel Clark, Economic Development
Agency Administrator Timothy Steinhaus.
Also present: Senior Assistant City Attorney Barlow; Economic
Development Agency Special Counsel Green; Economic Development
Agency Contract Administrator Mike Trout; John Boken, Forensic
Accountant, Arthur Anderson, Los Angeles, CA; and Margaret
Scroggin, Administrative Operations Supervisor, City Attorney's
Office.
COUNCIL MEMBERS NEGRETE & CURLIN EXCUSED
At 12:07 p.m., Council Members Negrete and Curlin left the
closed session.
CITY ATTORNEY PENMAN EXCUSED
At 12:08 p.m., City Attorney Penman left the closed session.
ADJOURN CLOSED SESSION
At 12: 15 p. m., the closed session adj ourned to the regular
meeting of the Mayor and Common Council in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
17
8/21/95
the
300
RECONVENE MEETING
At 12:15 p.m., Mayor Minor reconvened the regular meeting of
Mayor and Common Council in the Council Chambers of City Hall,
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 Hernandez,
Oberhelman, Devlin, Pope-Ludlam, Miller; City Clerk Rachel Clark,
Economic Development Agency Administrator Timothy Steinhaus.
Absent: Council Members Negrete, Curlin; City Attorney Penman.
RECESS MEETING
At 12:15 p.m., the regular meeting of the Mayor and Common
Council recessed to 2:00 p.m. in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
RECONVENE MEETING
At 2:04 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 nD" Street, San
Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Curlin,
Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Deputy City
Attorney Empeno, City Clerk Rachel Clark, Planning and Building
Services Director Boughey. Absent: Council Member Negrete.
PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 95-02
CHANGE LAND USE DESIGNATION FROM CN, COMMERCIAL
NEIGHBORHOOD TO CG-1, COMMERCIAL GENERAL - NORTHWEST &
SOUTHWEST CORNERS OF RANCHO AVENUE & MILL STREET
CONDITIONAL USE PERMIT NO. 95-06 ESTABLISH SERVICE
STATION WITH ACCESSORY USES AT THE INTERSECTION OF RANCHO
AVENUE & MILL STREET - HOSSEIN ZAND (APPLICANT) (19)
This is the time and place set for a public hearing to
consider General Plan Amendment No. 95-02 to change the land use
designation from CN, Commercial Neighborhood, to CG-1, Commercial
General, at the northwest and southwest corners of Rancho Avenue
and Mill Street; and Conditional Use Permit No. 95-06 to establish
a service station with accessory uses at the intersection of Rancho
Avenue and Mill Street.
Al Boughey, Director of Planning and Building Services,
submitted a Staff Report dated August 2, 1995, containing
background information and key issues relative to General Plan
Amendment No. 95-02 and Conditional Use Permit No. 95-06.
18
8/21/95
Mayor Minor opened the hearing.
Director Boughey stated that no comments had been received
from adjoining landowners, and since the establishment would be
within 100 feet of a residential area, no alcohol would be sold at
the location.
RES. 95-301 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ADOPTING GENERAL PLAN AMENDMENT NO. 95-02 TO THE GENERAL
PLAN OF THE CITY OF SAN BERNARDINO. (19)
Council Member Hernandez made a motion,
Member Oberhelman, and unanimously carried,
closed.
seconded by Council
that the hearing be
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, that the Mayor and Common Council adopt said
resolution which approves General Plan Amendment No. 95-02; and
that Conditional Use Permit No. 95-06, based on the findings of
facts (Exhibit 2, Attachment "D-2n), subject to the conditions of
approval (Exhibit 2, Attachment "E") and standard requirements
(Exhibit 2, Attachment "F") within the staff report dated August 2,
1995, from Al Boughey, Director of Planning and Building Services,
be approved.
The motion carried, and Resolution No. 95-301 was adopted by
the following vote: Ayes: Council Members Curlin, Hernandez,
Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent:
Council Member Negrete.
COUNCIL MEMBER NEGRETE RETURNED
At 2:11 p.m., Council Member Negrete returned to the Council
meeting and took his place at the council table.
INITIATE DEVELOPMENT CODE AMENDMENT
NONCONFORMING STRUCTURES WITH HISTORIC
REUSE OF
SIGNIFICANCE
(20)
Al Boughey, Director of Planning and Building Services,
submitted a Staff Report dated August 10, 1995, relative to
initiation of a development code amendment to allow reuse of
nonconforming structures that have historic significance.
Director Boughey explained that the Development Code allows
continued use of nonconforming structures; however, if use is
discontinued for six months or more the structure loses its
nonconforming status and reuse must be consistent with development
code requirements. This amendment would exempt those structures
which qualify for the State or National Register of Historical
Buildings.
19
8/21/95
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the Mayor and
Common Council direct staff to prepare a Development Code amendment
to allow the continued use of nonconforming structures that have
historic significance.
APPOINTMENT - FINE ARTS COMMISSION & COMMUNITY TELEVISION
COMMISSION ROBERT MAURICE JOHNSON COUNCIL MEMBER
POPE-LUDLAM - REFERENCED EARLIER IN THE MEETING - SEE
PAGE 3 (2&2A)
Robert Maurice Johnson accepted his resolutions of appointment
to the Fine Arts Commission and the Community Television Commission
from Mayor Minor.
RECESS MEETING - CLOSED SESSION (1 & R13)
At 2:13 p.m., the Mayor and Common Council recessed 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):
Western Empire Industries,
Bernardino San Bernardino
255130;
Inc. vs.
Superior
Citv
Court
of
Case
San
No.
Filson vs. Ci tv of San Bernardino
Superior Court Case No. SCV 20733;
San Bernardino
Georae Aauilar vs. Citv of San Bernardino San
Bernardino Superior Court Case No. 27061.
B. Conference with legal counsel - anticipated litigation -
initiation of litigation - pursuant to Government Code
Section 54956.9 (c): one potential case;
C. Conference with legal counsel - anticipated litigation -
significant exposure to litigation pursuant to
Government Code Section 54956.9(b);
D. Conference with Labor Negotiator - pursuant to Government
Code Section 54957.6:
1. Aaencv Neaotiator
Barbara Dillon, Personnel Director
Emplovee Oraanizations
San Bernardino Public Employees Association
General Unit
20
8/21/95
San Bernardino Public Employees Association - Mid-
Management Unit (SBPEA)
2. Aaencv Neaotiator
Shauna Clark, City Administrator
Emplovee Oraanization
San Bernardino City Management Association (SBCMA)
R13. Conference with legal
significant exposure to
Code Section 54956.9(b)
counsel pending litigation
litigation - pursuant to Government
CLOSED SESSION
At 2:14 p.m., Mayor Minor called the closed session to order
in the conference room of the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; City
Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna
Clark. Absent: None.
Also present: Senior Assistant City Attorney
City Attorney Empeno, and Margaret Scroggin,
Operations Supervisor, City Attorney's Office.
Morillo, Deputy
Administrative
ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR TIMOTHY
STEINHAUS ARRIVED
At 2:16 p.m., Economic Development Agency Administrator
Timothy Steinhaus arrived at the closed session.
DEPUTY CITY ATTORNEY EMPENO EXCUSED
At 2:24 p.m., Deputy City Attorney Empeno left the closed
session and was replaced by Senior Assistant City Attorney Barlow
and Deputy City Attorney Rhemrev.
CITY ADMINISTRATOR SHAUNA CLARK EXCUSED
At 2:47 p.m., City Administrator Shauna Clark left the closed
session.
ADJOURN CLOSED SESSION
At 2: 54 p. m., the closed session adj ourned to the regular
meeting of the Mayor and Common Council in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
21
8/21/95
RECONVENE MEETING
At 2:54 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 Curlin,
Oberhelman, Devlin, Pope-Ludlam, Miller; City Attorney Penman, City
Clerk Rachel Clark. Absent: Council Members Negrete, Hernandez;
City Administrator Shauna Clark.
ADJOURNMENT
At 2:56 p.m., the regular meeting was adjourned.
meeting of the Mayor and Common Council will be held at
Tuesday, September 5, 1995, in the Council Chambers of
300 North "D" Street, San Bernardino, California.
(21)
The next
8:00 a.m.,
City Hall,
RACHEL CLARK
City Clerk
By
,~~/
inda Hartz
Deputy City Clerk
No. of Items: 29
No. of Hours: 4.5
22
8/21/95