HomeMy WebLinkAbout09-18-1995 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
REGULAR MEETING
SEPTEMBER 18, 1995
COUNCIL CHAMBERS
The regular meeting of the Mayor and Common Council of the
City of San Bernardino was called to order by Mayor Pro Tern Negrete
at 8:06 a.m., Monday, September 18, 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 Pro Tern Negrete; Council Members
Negrete, Curlin, Hernandez, Oberhelman, Devlin; City Attorney
Penman; City Clerk Rachel Clark; City Administrator Shauna Clark.
Absent: Council Members Pope-Ludlam, Miller.
RECESS MEETING - CLOSED SESSION -
MEETING - SEE PAGE 5
At 8:06 a.m., the Mayor
session for the following:
REFERENCED LATER IN THE
(1)
and Common Council recessed to closed
1. Pursuant to Government Code Sections,
A. Conference with legal counsel existing litigation
pursuant to Government Code Section 54956.9(a):
Huckins vs. City of San Bernardino, et al San
Bernardino Superior Court Case No. SCV 17418.
B. Conference with legal counsel - anticipated litigation -
significant exposure to litigation pursuant to
subdivision (b) of Government Code Section 54956.9;
C. Conference with legal counsel - anticipated litigation -
initiation of litigation pursuant to subdivision (c) of
Government Code Section 54956.9: one case;
D. Conference with labor negotiator pursuant to Government
Code Section 54957.6:
1. Aaency Neaotiator:
Barbara Dillon, Personnel Director
Emplovee Oraanizations:
San Bernardino Public Employees Association (SBPEA)
-- General Unit;
1 9/18/95
San Bernardino Public Employees Association (SBPEA)
-- Mid-Management Unit.
2. Aaency Neaotiator:
Shauna Clark, City Administrator
Emplovee Oraanization:
San Bernardino City Management Association (SBCMA).
CLOSED SESSION
At 8:06 a.m., Mayor Pro Tern Negrete 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 Pro Tern Negrete; 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 Assistant City Attorney Morillo, Senior
Deputy City Attorney Simmons and Margaret Scroggin, Administrative
Operations Supervisor, City Attorney's Office.
READING OF RESOLUTIONS & ORDINANCES
Deputy City Clerk Cordova 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 agendas while the Council was in closed session.
SENIOR DEPUTY
At 8:11 a,m.,
closed session.
CITY ATTORNEY SIMMONS EXCUSED
Senior Deputy City Attorney Simmons left the
ADJOURN CLOSED SESSION
At 8:14 a.m., the closed session
the Council Chambers of City Hall,
Bernardino, California.
adjourned to 9:00 a.m., in
300 North "D" Street, San
RECONVENE MEETING
At 9:03 a.m., Mayor Pro Tern Negrete 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 Pro Tern Negrete; Council Members
Negrete, Hernandez, Oberhelman, Devlin; City Attorney Penman; City
Clerk Rachel Clark; City Administrator Shauna Clark. Absent:
Council Members Curlin, Pope-Ludlam, Miller.
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9/18/95
INVOCATION
The invocation was given by Suffragan Bishop Tolbert, Faith
Temple Church.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Oberhelman.
PROCLAMATION - JUVENILE DIABETES FOUNDATION DAY - OCTOBER
8, 1995 - NINTH ANNUAL WALK FOR THE CURE - GLEN HELEN
REGIONAL PARK (2)
J. Lorraine Velarde, Executive Assistant to the Mayor, read a
resolution proclaiming October 8, 1995, as Juvenile Diabetes
Foundation Day and urged the citizens of the City to participate in
the Ninth Annual Walk For The Cure sponsored by the Juvenile
Diabetes Foundation and scheduled to take place on the same date.
Charles "Skip" Herbert, President of the Board of Directors of
the Juvenile Diabetes Foundation, accepted the proclamation.
COUNCIL MEMBER
At 9:06 a.m.,
Council meeting and
POPE-LUDLAM ARRIVED
Council Member Pope-Ludlam
took her place at the council
arrived
table.
at
the
COMMENDATION - JASON HEDDY - ANIMAL SHELTER VOLUNTEER -
NOMINEE FOR THE KAL KAN VOLUNTEER PET CARE AWARD (2A)
J. Lorraine Velarde, Executive Assistant to the Mayor, read a
resolution commending Jason Heddy, who is now 25 years old and was
born with cerebral palsy, for his dedicated volunteer service to
the City's animal shelter. Jason has been nominated for the Kal
Kan Volunteer Pet Care Award and has been selected as the recipient
of the award which will be presented at the American Humane
Association's annual meeting to be held during the month of October
1995, in Portland, Oregon.
Jason Heddy accepted the commendation.
Debi Biggs, Director of Animal Control, introduced Chad Lynde,
Animal Shelter Attendant and Jason's mentor, and expressed
appreciation to Jason and Kal Kan and the American Humane
Association who has made it financially possible for herself and
Chad Lynde to accompany Jason to Portland, Oregon.
COUNCIL MEMBER CURLIN RETURNED
At 9:08 a.m., Council Member Curlin
meeting and took his place at the council
returned to the Council
table.
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9/18/95
SERVICE PIN AWARDS
(2B)
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:
Name
Department
Blanche Chavez
Steven Avila
Steven Cobb
David Jacobo
David Kreske
Marilyn Crabtree
Mary Chartier
Carol Marshall
Finance
Fire
Fire
Fire
Fire
Library
Library
Parks, Recreation &
Community Services
Planning & Building
Services
Police
Public Services
Public Services
Public Services
Public Works/Engineering
Public Works/Engineering
Public Works/Engineering
Setiwan Ganda
Sheila Chapman
John Pena
Tina Torres
Lawrence Hartman
Ramon Carrillo
Richard Robledo
Jerry Morana
Years of Service
10 year pin
15 year pin
15 year pin
15 year pin
15 year pin
5 year pin
20 year pin
15 year pin
5 year pin
5 year pin
5 year pin
5 year pin
10 year pin
10 year pin
10 year pin
35 year pin
Each employee received a service pin presented by Mayor Pro
Tern Negrete.
PUBLIC COMMENTS - LARRY RHINEHART
(4)
Larry Rhinehart, Governmental Affairs Director, South Coast
Air Quality Management District, 2186 Coffee Drive, Diamond Bar,
CA, provided an update of the changes occurring within the South
Coast Air Quality Management District, gave the Mayor and Council
an informational packet of their available services and expressed
the district's desire to be sensitive to the business community.
ANNOUNCEMENT - COUNCIL MEMBER NEGRETE
Council Member
individuals involved
14-17, 1995.
(3)
Negrete expressed appreciation for the
with the Route 66 festivities held September
ANNOUNCEMENT - COUNCIL MEMBER CURLIN
(3A)
Council Member Curlin communicated his desire for adherence to
the rules of conduct, expressed appreciation for the volunteers and
coordinators of the Route 66 Rendezvous and congratulated the San
Bernardino High School students involved in the rendition of Evita
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9/18/95
conducted on September 17, 1995, at Bloomington High School.
ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ
(3B)
Council Member Hernandez voiced support for the Route 66
Rendezvous and expressed concern regarding the incarceration of
members of the public for not adhering to the rules of conduct for
meetings of the Mayor and Common Council.
ANNOUNCEMENT - COUNCIL MEMBER OBERHELMAN
(3C)
Council Member Oberhelman acknowledged the 400+ volunteers,
vendors and participants of the activities held in connection with
the Route 66 Rendezvous. He also stated that he met the Tribal
Chair from the Cree Indian Tribe who is also a Senator in Canada.
ANNOUNCEMENT - COUNCIL MEMBER DEVLIN
(3D)
Council Member Devlin recognized the volunteers, coordinators
and supporters of the Route 66 Rendezvous and provided an update on
the Police Department's strategic plan.
ANNOUNCEMENT - COUNCIL MEMBER POPE-LUDLAM
(3E)
Council Member Pope-Ludlam commended the individuals involved
with the Route 66 Rendezvous.
ANNOUNCEMENT - CITY CLERK RACHEL CLARK
(3F)
City Clerk Rachel Clark communicated support for the
activities held in connection with the Route 66 Rendezvous and
thanked the organization, We The People, for having a booth for the
registration of voters.
ANNOUNCEMENT - CITY ATTORNEY PENMAN
(3G)
City Attorney Penman expressed appreciation
Rendezvous and provided a synopsis of the rights
regards to public comments.
for the Route 66
of the people in
CLOSED SESSION ANNOUNCEMENT - REFERENCED EARLIER IN THE
MEETING - SEE PAGE 1 (1)
City Attorney Penman announced that in closed session the
Mayor and Common Council authorized the City Attorney's Office to
initiate an action pursuant to Government Code Section 54957.1.
PUBLIC COMMENTS - LARRY NEIGEL
(4A)
Police Lieutenant Larry Neigel voiced appreciation for the
City's support of the Route 66 Rendezvous and provided a synopsis
of the event.
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9/18/95
PUBLIC COMMENTS - ROBERT NELSON
(4B)
Robert Nelson, SR-11, Summit, CA, voiced concern regarding the
abuse of freedom of speech in the form of editorials within The Sun
newspaper.
PUBLIC COMMENTS - RUBEN LOPEZ
(4C)
Ruben Lopez, 631 W. 16th Street, San Bernardino, CA, expressed
concern regarding recent discussions held by the Council in open
session relative to closed session items.
PUBLIC COMMENTS - JOHN KIRLEY
(4D)
John Kirley, 1170 N. Arrowhead Avenue,
advocated freedom of speech and questioned
should be incarcerated on the grounds of
meetings.
San Bernardino, CA,
whether the public
disrupting public
PUBLIC COMMENTS - TERRY MOLL
(4E)
Terry Moll, 6705 N. Steven Way, San Bernardino, CA, expressed
appreciation for the Route 66 Rendezvous.
PUBLIC COMMENTS - JEFF WRIGHT
(4F)
Jeff Wright, P. O. Box 2341, San Bernardino, CA, voiced
discontent relative to the actions taken by the Mayor and Council
to prohibit the freedom of speech.
PUBLIC COMMENTS - HELEN KOPCZYNSKI
(4G)
Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA,
expressed concern that rules of order are being created and
decisions are being made politically rather than what's permissible
by law.
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5)
The following individuals expressed opposition to waiving the
full reading of the resolutions and ordinances:
Jeff Wright, P. O. Box 2341, San Bernardino, CA.
John Kirley, 1170 N. Arrowhead Avenue, San Bernardino, CA.
Council Member Devlin made a motion, seconded by Council
Member Pope-Ludlam, 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.
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9/18/95
COUNCIL MINUTES
(6)
Council Member Oberhelman made a motion, seconded by council
Member Negrete, and unanimously carried, that the minutes of the
following meeting of the Mayor and Common Council of the City of
San Bernardino be approved as submitted in typewritten form: July
24, 1995.
RES. 95-335 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION
OF CERTAIN RECORDS BY THE RISK MANAGEMENT DIVISION. (7)
Jeff Wright, P. o.
about the destruction of
placed on computer disk.
Box 2341, San Bernardino, CA, inquired
records and requested that the records be
A discussion was held concerning the possibility of storing
old records on an optical-medium disk.
Council Member Hernandez made a motion, seconded by Council
Member Negrete, that said resolution be adopted.
Resolution No. 95-335 was
Ayes: Council Members Negrete,
Devlin, Pope-Ludlam, Nays: None.
adopted by the following vote:
Curlin, Hernandez, Oberhelman,
Absent: Council Member Miller.
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING
RESOLUTION NO. 6413, SECTION TEN, ENTITLED IN PART "A
RESOLUTION. . . ESTABLISHING A BASIC COMPENSATION PLAN. , . " ;
BY UPDATING INFORMATION CODIFYING PRIOR COUNCIL ACTIONS.
(GENERAL UNIT) (8)
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 ACTION,
(Confidential Employees) (9)
Concern was expressed regarding whether or not the proposed
resolutions incorporate the positions deleted and/or modified
during the fiscal year 1995/96 budget deliberations,
Council Member Curlin made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that said resolutions
be continued to October 2, 1995, in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
ESTABLISH SALARIES RANGES P-5, BATTALION
TRAINING OFFICER & FIRE MARSHAL; P-6, DEPUTY FIRE
AND P-7, FIRE CHIEF - EFFECTIVE AUGUST 1, 1995
DEPARTMENT
CHIEF,
CHIEF;
- FIRE
(10)
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9/18/95
Barbara Dillon, Director of Personnel, submitted a Staff
Report dated September 7, 1995, concerning the new Fire Department
salary ranges for P-5, Battalion Chief, Training Officer and Fire
Marshal; P-6, Deputy Fire Chief; and P-7, Fire Chief, effective
August 1, 1995.
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the salaries for
Fire Department Ranges P-5, Battalion Chief, Training Officer and
Fire Marshal; P- 6, Deputy Fire Chief; and P-7, Fire Chief, be
established effective August 1, 1995, as outlined in the Staff
Report dated September 7, 1995, from Barbara Dillon, Personnel
Director; and that the Personnel Department be instructed to
prepare an amendment to Resolution No. 6429.
ESTABLISH SALARIES - RANGES P-4, POLICE LIEUTENANT; P-5,
POLICE CAPTAIN, P-6, ASSISTANT CHIEF OF POLICE; AND P-7,
CHIEF OF POLICE EFFECTIVE AUGUST 1, 1995 POLICE
DEPARTMENT (11)
Barbara Dillon, Director of Personnel, submitted a Staff
Report dated September 7, 1995, concerning the new Police
Department salary ranges for P-4, Police Lieutenant; P-5, Police
Captain; P-6, Assistant Chief of Police; and P-7, Chief of Police,
effective August 1, 1995.
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the salaries for
Police Department Ranges P-4, Police Lieutenant; P-5, Police
Captain; P-6, Assistant Chief of Police; and P-7, Chief of police;
be established effective August 1, 1995, as outlined in the Staff
Report dated September 7, 1995, from Barbara Dillon, Personnel
Director; and that the Personnel Department be instructed to
prepare an amendment to Resolution No. 6429,
CLAIMS AND PAYROLL
(12)
Council Member Devlin made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the claims and
payroll and authorization to issue warrants as listed on the
memorandum dated September 1, 1995, from the Director of Finance be
approved,
CITY CLERK RACHEL CLARK EXCUSED
At 10:16 a.m, City Clerk Rachel Clark left the Council meeting
and was replaced by Deputy City Clerk Cordova.
PERSONNEL ACTIONS
(13)
Council Member Hernandez made a motion, seconded by Council
Member Curlin, and unanimously carried, that the personnel actions
submitted by the Chief Examiner dated September 7, 1995, in
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9/18/95
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.
CLEAN BOX CULVERTS
APPROVE PLAN NO.
BIDS
& CATCH BASINS - VARIOUS LOCATIONS -
9343 AUTHORIZE ADVERTISEMENT FOR
(14)
Roger Hardgrave, Director of Public Works/Engineering,
submitted a Staff Report dated August 29, 1995, concerning the
approval of plans and authorization to advertise for bids for the
cleaning of box culverts and catch basins at various locations.
Council Member Oberhelman made a ~otion, seconded by Council
Member Negrete, and unanimously carried, that the plans for
cleaning box culverts and catch basins at various locations, in
accordance with Plan No. 9343, be approved; and that the Director
of Public Works/City Engineer be authorized to advertise for bids,
DIVISION REORGANIZATION
PROGRAMMER & GIS COORDINATOR
INFORMATION SYSTEMS (MIS)
ESTABLISH
POSITIONS
INTERMEDIATE
MANAGEMENT
(15)
Barbara Dillon, Director of Personnel, submitted a Staff
Report dated September 7, 1995, concerning the proposed
reorganization of the Management Information Systems Division,
Council Member Hernandez made a motion, seconded by Council
Member Pope-Ludlam, and unanimously carried, that the position of
Intermediate Programmer, Range 3395, $3,183-$3,869/month, be
established; that the position of GIS Coordinator, Range 3424,
$3,679-$4,472/month, be established; and that the Personnel
Department be instructed to update Resolution No. 6413, Section
Twelve to reflect this particular action.
RES. 95-336 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART, "A
RESOLUTION. . . PROHIBITING PARKING UPON CERTAIN DESIGNATED
STREETS OR ALLEYS OR PORTIONS THEREOF,. .," TO REMOVE THE
NO PARKING ZONE ON SIERRA WAY, BETWEEN HIGHLAND AVENUE
AND THIRTIETH STREET AND BETWEEN THIRTY-FOURTH STREET AND
FORTIETH STREET, BETWEEN THE HOURS OF SEVEN A.M. AND NINE
A.M" APPLICABLE TO THE WEST SIDE ONLY, AND BETWEEN THE
HOURS OF FOUR P.M. AND SIX P.M., APPLICABLE TO THE EAST
SIDE ONLY. (16)
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, that said resolution be adopted.
Resolution No. 95-336 was
Ayes: Council Members Negrete,
Devlin, Pope-Ludlam. Nays: None.
adopted by the following vote:
Curlin, Hernandez, Oberhelman,
Absent: Council Member Miller.
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9/18/95
DEPUTY CITY CLERK CORDOVA EXCUSED
At 10:20 a.m., Deputy City Clerk Cordova left the Council
meeting and was replaced by City Clerk Rachel Clark,
RES. 95-337 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO GUTIERREZ CONSTRUCTION COMPANY FOR
RESTORATION OF PAVEMENT FOR INSTALLATION OF WATER MAIN
WITHIN NORTH A.F.B. (17)
City Attorney Penman stated that the City Attorney's Office
has declared a conflict of interest due to the fact that Matich
Corporation was a bidder and has made contributions to his
campaign. Consequently, Special Counsel Timothy Sabo has reviewed
and approved the contract.
COUNCIL MEMBER DEVLIN EXCUSED
At 10:21 a.m., Council Member Devl~n left the Council meeting.
Roger Hardgrave, Director of Public Works/Engineering,
answered questions regarding the contract for the restoration of
pavement for installation of a water main within the former Norton
Air Force Base.
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Resolution No. 95-337 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Pope-Ludlam. Nays: None. Absent: Council Members Devlin,
Miller.
COUNCIL MEMBER DEVLIN RETURNED
At 10:23 a.m., Council Member Devlin returned to the Council
meeting and took his place at the council table.
CONSTRUCT CIRCULAR DRIVEWAY - TRW BUILDING, #520 - FORMER
NORTON AIR FORCE BASE - APPROVE PLAN NO. 9321 - AUTHORIZE
ADVERTISEMENT FOR BIDS (18)
Roger Hardgrave, Director of Public Works/Engineering,
submitted a Staff Report dated September 5, 1995, concerning the
approval of Plan No. 9321 and authorization to advertise for bids
relative to the construction of a circular driveway at the TRW
Building located within the former Norton Air Force Base.
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the plans for
construction of a circular driveway for the TRW Building (#520) on
the former Norton Air Force Base, in accordance with plan No. 9321,
be approved; and that the Director of Public Works/City Engineer be
authorized to advertise for bids.
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9/18/95
WAIVE FEES - $536.39 - CAJON HIGH SCHOOL 1995 HOMECOMING
PARADE - OCTOBER 13, 1995 (19)
Fred Wilson, Assistant City Administrator, submitted a Staff
Report dated August 30, 1995, concerning a request for a waiver of
fees in connection with the Cajon High School 1995 Homecoming
Parade on October 13, 1995.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the request to waive
fees for City services in connection with the 1995 Cajon High
School Homecoming Parade scheduled for October 13, 1995, in the
amount of $536.39, be approved.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH LAW ENFORCEMENT SERVICES,
INC. TO PROVIDE EVIDENCE COLLECTION FOR THE SAN
BERNARDINO POLICE DEPARTMENT. (20)
Captain Curtis, San Bernardino Police Department, explained
the services to be provided under the proposed agreement with Law
Enforcement Services, Inc.
A discussion was held concerning the specifications for the
request for proposal.
CITY ATTORNEY PENMAN EXCUSED
At 10:37 a.m., City Attorney Penman left the Council meeting
and was replaced by Senior Assistant City Attorney Barlow.
John Lightburn, Consultant representing Western Nurses,
Box 1622, San Bernardino, CA, opposed the granting of
agreement to Law Enforcement Services, Inc., and questioned
qualifications.
P. O.
said
their
Council Member Negrete made a motion, seconded by Council
Member Curlin, that said resolution be referred to the Legislative
Review Committee.
Council Member Curlin removed his second to allow for
discussion.
The motion failed for lack of a second.
SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED
At 10:44 a.m., Senior Assistant City Attorney Barlow left the
Council meeting and was replaced by City Attorney Penman.
Mary Alvord, San Bernardino Police Department, answered
questions regarding the specifications of the request for proposal.
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9/18/95
Christine D'Amico, Co-Owner, Law Enforcement Services, Inc.,
7201 Haven Avenue, E167, Rancho Cucamonga, CA, stated that she is
aware of the protest filed by Western Nurses and her company has
addressed all of the issues to the City's satisfaction.
City Administrator Shauna Clark answered questions concerning
the review of the request for proposals.
Jeff Wright, P. 0, Box 2341, San Bernardino, CA, voiced
concern relative to the contracting of police services.
Council Member Negrete made a motion, seconded by Council
Member Curlin, and unanimously carried, that the matter be referred
to the Legislative Review Committee and brought back to the Mayor
and Council meeting of October 2, 1995, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
RECESS MEETING
At 10:56 a.m., Mayor Pro Tern Negrete declared a five-minute
recess.
RECONVENE MEETING
At 11:06 a,m" Mayor Pro Tern Negrete 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 "Dn
Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Pro Tern Negrete; Council Members
Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam; City
Attorney Penman; City Clerk Rachel Clark; City Administrator Shauna
Clark. Absent: Council Member Miller.
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. (Continued from September 11,
1995) (21)
Council Member Hernandez made a motion that the matter be
continued to September 20, 1995, in the Council Chambers of City
Hall, 300 North "Dn Street, San Bernardino, CA; and that the City
Attorney's Office prepare the proper documents if they concur with
the opinion made by Mr. Hodgdon's attorney.
The motion failed for lack of a second.
City Attorney Penman provided a synopsis of the meeting held
with Mr. Hodgdon. He stated that Mr. Hodgdon is of the opinion
that the City does not have to have an election relative to
allowing card clubs within the City.
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9/18/95
Council Member Hernandez made a motion, seconded by Council
Member Curlin, and unanimously carried, that the matter be
continued to 4:00 p.m., Wednesday, September 20,1995, in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California; and that the City Attorney's Office prepare
the proper documents if they concur with the opinion made by Mr.
Hodgdon's attorney.
CODE ENFORCEMENT TIME LINES - DISCUSS & TAKE ACTION -
COUNCIL MEMBER HERNANDEZ - CONTINUED FROM SEPTEMBER 5,
1995 (22)
This is the time and place continued to discuss and take
possible action relative to the code enforcement time lines.
Al Boughey, Director of Planning & Building Services,
submitted a memorandum dated September 5, 1995, and revised on
September 13, 1995, concerning the code enforcement process.
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the matter be
continued to October 2, 1995, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
PRODUCE BUSINESS RECORDS LOCAL UTILITY COMPANIES
SERVICE USERS TAX AUDIT - UTILITY USERS TAX - CONTINUED
FROM AUGUST 7, 1995 (23)
This is the time and place continued for the production of
business records from local utility companies for an audit to be
conducted on the service users tax (utility users tax) .
Council Member Hernandez made a motion, seconded by Council
Member Curlin, and unanimously carried, that the matter be tabled.
WAIVE FEES - $340 - USE OF FISCALINI FIELD - BOYS SCOUTS
OF AMERICA - ORDER OF THE ARROW - OCTOBER 13-15, 1995
(Sl)
Annie Ramos, Director of Parks, Recreation & Community
Services, submitted a Staff Report dated September 11, 1995,
concerning a request submitted by the Boy Scouts of America, Order
of the Arrow, for a waiver of fees in the amount of $340 for use of
the Fiscalini field.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the request to waive
fees for use of Fiscalini field on October 13-15, 1995, by the Boys
Scouts of America, Order of the Arrow, in the amount of $340, be
approved.
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9/18/95
PERSONNEL ACTION - PROVISIONAL APPOINTMENT - JAMES R.
FINDLAY - FLEET MANAGER - PUBLIC SERVICES DEPARTMENT _
FLEET DIVISION - EFFECTIVE SEPTEMBER 19, 1995 (S2)
Council Member Hernandez made a motion, seconded by Council
Member Devlin, and unanimously carried, that the provisional
appointment of James R. Findlay, Fleet Manager (Range 4459, Step
Four, $5,071/mo.) to the Public Services Department, effective
September 19, 1995, be approved.
CITY ATTORNEY PENMAN EXCUSED
At 11:15 a.m., City Attorney Penman left the Council meeting
and was replaced by Senior Assistant City Attorney Barlow.
SPECIAL COUNSEL
At 11:15 a.m.,
Timothy Sabo arrived
TIMOTHY SABO ARRIVED
Economic Development Agency
at the Council meeting.
Special Counsel
CITY ADMINISTRATOR SHAUNA CLARK EXCUSED
At 11: 15 a. m., City Administrator Shauna Clark left the
Council meeting and was replaced by Economic Development Agency
Administrator Timothy Steinhaus.
COMMUNITY DEVELOPMENT COMMISSION - JOINT REGULAR MEETING
At 11:15 a.m., Vice-Chairman Negrete called the joint regular
meeting of the Mayor and Common Council and Community Development
Commission to order in the Council Chambers of City Hall, 300 North
nD" Street, San Bernardino, California.
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R3)
Council Member Hernandez made a motion, seconded by Council
Member Negrete, and unanimously carried, that full reading of the
resolutions and ordinances on the regular, supplemental and
addendum to the supplemental agenda of the Mayor and Common Council
and Community Development Commission be waived.
RES. 95-338 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO UTAH PACIFIC CONSTRUCTION COMPANY
FOR INSTALLATION OF PHASE I OF THE NORTHWEST INTERCEPTING
SEWER AND "I" STREET STORM DRAIN. (R5)
Roger Hardgrave, Director of Public Works/City Engineer,
answered questions regarding the Minority Business Enterprise/Women
Business Enterprise (MBE/WBE) goals.
Jeff Wright, P. O. Box 2341, San Bernardino, CA, questioned
the funding source and possible pollutants to the environment.
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, that said resolution be adopted.
14
9/18/95
Resolution No, 95-338 was
Ayes: Council Members Negrete,
Devlin, pope-Ludlam. Nays: None.
adopted by the following vote:
Curlin, Hernandez, Oberhelman,
Absent: Council Member Miller.
SET PUBLIC HEARING OCTOBER 2, 1995 FISCAL YEAR
1994/95 GRANTEE PERFORMANCE REPORT EXPENDITURE OF
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDS
(R7)
Barbara Lindseth, Acting Director, Development Department,
Economic Development Agency, submitted a Staff Report dated
September 7, 1995, relative to setting the date and time for a
public hearing on the fiscal year 1994/95 Grantee Performance
Report pertaining to the expenditure of Community Development Block
Grant Program funds.
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, and unanimously carried, that October 2, 1995, at
11:00 a.m., be established as the date and time for the public
hearing to review the 1994/95 Fiscal Year Grantee Performance
Report which states how Community Development Block Grant Program
funds were expended and to obtain the view of citizens relative to
the report.
PUBLIC HEARING - DISPOSITION & DEVELOPMENT AGREEMENT -
PARK PLACE HOMES - CONSTRUCTION OF 73 SINGLE-FAMILY HOMES
- LOW & MODERATE INCOME HOUSING PROJECT (R9)
This is the time and place set for a public hearing on the
proposed disposition and development agreement with Park Place
Homes for the construction of 73 detached single-family homes.
Barbara Lindseth, Acting Director, Development Department,
Economic Development Agency, submitted a Staff Report dated
September 7, 1995, concerning the proposed disposition and
development agreement with Park place Homes for the construction of
73 detached single-family homes.
Mayor Pro Tern Negrete opened the hearing,
RES. 95-339 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN
DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND
PARK PLACE HOMES, A CALIFORNIA CORPORATION, PERTAINING TO
THE DEVELOPMENT OF A LOW AND MODERATE INCOME HOUSING
PROJECT. (R9A)
Council Member Oberhelman made a
Member Hernandez, that the hearing
resolution be adopted.
motion, seconded by Council
be closed; and that said
15
9/18/95
The motion carried and Resolution No. 95-339 was adopted by
the following vote: Ayes: Council Members Negrete, Curlin,
Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: None. Absent:
Council Member Miller.
COUNCIL MEMBER
At 11:55 a.m.,
meeting.
POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council
RES. 95-340 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING
FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO THE
CENTRAL CITY REDEVELOPMENT PROJECT AREA OF RESURFACING
PORTIONS OF THE CAROUSEL MALL. (RlCA)
Concern was expressed regarding the possibility of a mall
being constructed within the former Norton Air Force Base,
COUNCIL MEMBER CURLIN EXCUSED
At 12:00 p.m., Council Member Curlin left the Council meeting.
It was noted that the City owns the parking lot and the
obligations were made years ago,
Sam Catalano, General Manager, Carousel Mall, 295 Carousel
Mall, San Bernardino, CA, explained that one of the partners of
Carousel Mall is involved with a developer who has bought property
within the former Norton Air Force Base for the possible
construction of a regional mall; however, the Carousel Mall is not
involved. Mr. Catalano answered questions regarding the proposed
improvements to the Carousel Mall,
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, that said resolution be adopted.
Resolution No. 95-340 was adopted by
Ayes: Council Members Negrete, Hernandez,
Nays: None. Absent: Council Members Curlin,
the following vote:
Oberhelman, Devlin.
Pope-Ludlam, Miller.
CONSIDER THE COMMENCEMENT OF TAPING CLOSED SESSIONS -
COUNCIL MEMBER CURLIN (R11)
Barbara Lindseth, Acting Director, Development Department,
Economic Development Agency, submitted a Staff Report dated
September 12, 1995, concerning a request from Council Member Curlin
that effective immediately all joint Mayor and Common Council and
Community Development Commission closed sessions are to be taped
and permanently stored.
Council Member Hernandez made a motion, seconded by Council
Member Negrete, and unanimously carried, that the matter be
continued to October 2, 1995, in the Council Chambers of City Hall,
16
9/18/95
300 North "D" Street, San Bernardino, California.
RECESS MEETING
At 12:20 p.m., the joint regular meeting of the Mayor and
Common Council and Community Development Commission recessed to
2:00 p.m., in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California,
RECONVENE MEETING
At 2:03 p.m., Mayor Pro Tern Negrete 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 Pro Tern Negrete; Council Members
Negrete, Hernandez, Oberhelman, Devlin; Deputy City Attorney
Empeno; City Clerk Rachel Clark; Planning & Building Services
Director Boughey. Absent: Council Members Curlin, Pope-Ludlam,
Miller.
COMMENDATION - NORMAN F. FELDHEYM LIBRARY - 10 YEARS OF
SERVICE (2C)
J. Lorraine Velarde, Executive Assistant to the Mayor, read a
commendation for the Norman F, Feldheym Library in celebration of
its 10 years of service to the community.
Bob Ewing, City Librarian, accepted the commendation.
COUNCIL MEMBERS CURLIN & POPE-LUDLAM RETURNED
At 2:05 p.m., Council Members Curlin and Pope-Ludlam returned
to the Council meeting and took their places at the council table.
ANNOUNCEMENT - COUNCIL MEMBER OBERHELMAN
(3H)
Council Member
Bernardino Spirit
Championship,
Oberhelman expressed contentment that the San
baseball team had won the Cal League
PUBLIC HEARING - APPEAL - PLANNING COMMISSION'S DECISION
UPHOLD PLANNING & BUILDING SERVICES DIRECTOR'S
DETERMINATION - STRUCTURES AT 116-124 NORTH "I" STREET
HAVE LOST THEIR LEGAL NONCONFORMING STATUS H. R.
RONNEBERG (24)
This is the time and place set for a public hearing to appeal
the Planning Commission's decision to uphold the Planning &
Building Services Director's determination that the structures at
116 -124 North "I n Street have lost their legal nonconforming
status.
17
9/18/95
Al Boughey, Director of Planning &
submitted a Staff Report dated September 6,
structures at 116-124 North "I" Street.
Building Services,
1995, concerning the
Rachel Clark, City Clerk, submitted a memorandum dated
September 15, 1995, concerning a request from the law firm of
Fullerton, Lemann, Schaefer & Dominick that the matter be continued
to November 20, 1995.
Mayor Pro Tern Negrete opened the hearing,
Director Boughey provided a synopsis of the action taken
relative to the determination that the structures at 116-124 North
"I" Street have lost their legal nonconforming status.
Craig Wilson, Fullerton, Lemann, Schaefer & Dominick, 215
North "D" Street, San Bernardino, CA, explained that they are
requesting additional time to formulate a plan or mutually resolve
the matter with the City, and submitted a letter dated September
18, 1995, reiterating such.
It was noted that the current owner of the property had
purchased such with the assumption that the eight dwelling units
could be used as rental property. However, had the owner taken out
the proper permits for rehabilitation of the units from the
Planning & Building Services Department, he would have learned that
the property had been rezoned to Light Industrial.
Discussion ensued relative to having the inside of the
structures inspected prior to the date of the continuance and the
need to hold the City harmless of any liability which may result
from the possible continuance.
Jeff Wright, p, O. Box 2341, San Bernardino, CA, expressed
concern regarding the issuance of the business registration
certificate for rental property and requested that at the time the
individual completes the application that he/she be notified that
the property mayor may not be properly zoned.
Director Boughey explained that the business registration
certificate has a statement indicating that issuance of a
certificate does not significy the legal operation of this business
at the location, and that other approvals by other City
departments, such as Planning & Building Services, may be required.
David Schultz, San Bernardino Valley Board of Realtors, 1798
North "D" Street, San Bernardino, CA, voiced concern regarding the
implications made that licenses are issued rather than business
registration certificates.
Discussion continued regarding the nonconforming status and
the date for continuance,
18
9/18/95
Council Member Devlin made a motion, seconded by Council
Member Curlin, and unanimously carried, that the matter be
continued to October 2, 1995, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, CA; and that the City
Attorney's Office and Department of Planning & Building Services
work together to conduct an inspection of the inside of the
premises.
PUBLIC HEARING - TENTATIVE TRACT NO. 14781 - SUBDIVIDE
7.55 ACRES INTO 19 SINGLE-FAMILY LOTS - VARIANCE NO. 94-
04 - ONE STANDARD ROUTE OF ACCESS - 174' SOUTH OF PACIFIC
STREET & EAST OF LYNWOOD WAY, BETWEEN BYRON & AMANDA
STREETS - CHARLES HEICK (25)
This is the time and place set for a public hearing on
Tentative Tract No. 14781 and Variance No. 94-04.
Al Boughey, Director of Planning & Building Services,
submitted a Staff Report dated September 6, 1995, concerning
Tentative Tract No. 14781 and Variance No. 94-04 to divide 7,55
acres into 19 single-family lots and provide for one standard route
of access,
Mayor Pro Tern Negrete opened the hearing.
Director Boughey provided a synopsis of the action taken
relative to Tentative Tract No. 14781 and Variance No. 94-04.
David Schultz, San Bernardino Valley Board of Realtors, 1798
North "D" Street, San Bernardino, CA, urged the Council to approve
the item based on the conditions set forth in the Staff Report
dated September 6, 1995.
Council Member Hernandez made a motion, seconded by Council
Member Pope-Ludlam, and unanimously carried, that the hearing be
closed, and that the Mayor and Common Council adopt the negative
declaration and approve Tentative Tract No. 14781 and Variance No.
94-04, based on the findings of fact (Attachments D-l and D-2 of
Exhibit Two), subject to the conditions of approval and standard
requirements (Exhibit Four), as outlined in the Staff Report from
Al Boughey, Director of Planning & Building Services, dated
September 6, 1995.
FILE AMICUS CURIAE BRIEF - CITY OF LIVERMORE - ENFORCE
STRICTER SPRINKLER CODES THAN THOSE IMPOSED BY THE
UNIFORM PLUMBING & FIRE CODE - CITY ATTORNEY'S OFFICE
(NB1)
Council Member Pope-Ludlam made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the matter arose
subsequent to the posting of the agenda; and that the matter be
continued to September 20, 1995, in the Council Chambers of City
19
9/18/95
Hall, 300 North "D" Street, San Bernardino, California.
DEPUTY CITY ATTORNEY EMPENO EXCUSED
At 2:44 p.m., Deputy City Attorney Empeno left the Council
meeting and was replaced by Senior Assistant City Attorney Barlow
and Timothy Sabo, Special Counsel, Economic Development Agency.
PLANNING & BUILDING SERVICES DIRECTOR BOUGHEY EXCUSED
At 2: 44 p. m., Al Boughey, Director of Planning & Building
Services left the Council meeting and was replaced by Timothy
Steinhaus, Economic Development Agency Administrator.
COMMUNITY DEVELOPMENT COMMISSION - JOINT REGULAR MEETING
At 2:44 p.m., Vice-Chairman Negrete called the joint regular
meeting of the Mayor and Common Council and Community Development
Commission to order in the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California.
At this time, the Mayor and Common
Community Development Commission, took
Development Commission items.
Council,
action
acting as the
on Communi ty
ADJOURNMENT (26)
At 3:02 p.m., the regular meeting adjourned to 4:00 p.m.,
Wednesday, September 20, 1995, in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
RACHEL CLARK
City Clerk
By
No. of Items: 35
No. of Hours: 4 hrs. 15 min.
20
9/18/95