HomeMy WebLinkAbout10-16-1995 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
REGULAR MEETING
OCTOBER 16, 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 8:06
a.m., Monday, October 16, 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, Miller; City Attorney
Penman; City Clerk Rachel Clark; City Administrator Shauna Clark.
Absent: Council Member Pope-Ludlam.
RECESS MEETING - CLOSED SESSION -
MEETING - SEE PAGE 5
At 8:06 a.m., the Mayor
session for the following:
REFERENCED LATER IN THE
(1.&:S1.0)
and Commor- Council recessed to closed
Pursuant to Government Code Sections.
A. Conference with legal counsel existing litigation
pursuant to Government Code Section 54956.9(a):
Samaan vs. City of San Bernardino, et al - United States
District Court Case No. CV 93-0448 RAP (RMCx);
Stubblefield Construction Co.. et al vs. City of San
Bernardino - United States Supreme Court Docket No. 95-
114;
Sharon McGill. etc. vs. City of San Bernardino. et al -
Court of Appeals of California, Fourth Appellate District
Court Case No. EOl1830/San Bernardino Superior Court Case
No. SCV 229990;
City. et al vs. Countv of San Bernardino - San Bernardino
Superior Court Case Nos. 262309/262162.
B.
Conference with legal counsel
significant exposure to
subdivision (b) of Government
cases;
- anticipated litigation -
litigation pursuant to
Code Section 54956.9: two
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C. Conference with legal counsel - anticipated litigation -
initiation of litigation pursuant to subdivision (c) of
Government Code Section 54956.9: one case.
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,
Curlin, Hernandez, Oberhelman, Devlin, Miller; City Attorney
Penman; City Clerk Rachel Clark; City Administrator Shauna Clark.
Absent: Council Member Pope-Ludlam.
Also present: Senior Assistant City Attorney Morillo and
Margaret Scroggin, Administrative Operations Supervisor, City
Attorney's Office; Assistant City Administrator Wilson and Joe
Arias, Attorney at Law, MacLachlan, Burford and Arias, 560 E.
Hospitality Lane, San Bernardino, California.
READING OF RESOLUTIONS & ORDINANCES
Deputy City Clerk Cordova read the titles of all the
resolutions and ordinances on the regular and supplemental agendas
of the Mayor and Common Council and the regular, supplemental and
addendum to the supplemental agendas of the Community Development
Commission while the Council was in closed session.
CITY ATTORNEY PENMAN & ATTORNEY JOE ARIAS EXCUSED
At 8:18 a.m., City Attorney Penman and Attorney Joe Arias of
MacLachlan, Burford & Arias, left the closed session.
CITY ATTORNEY PENMAN RETURNED
At 8:21 a.m., City Attorney Penman returned to the closed
session.
DEPUTY CITY ATTORNEY ROTH & GENERAL MANAGER KERSEY
ARRIVED
At 8:31 a.m., Deputy City Attorney Roth and General Manager
Kersey, Water Department, arrived at the closed session.
ADJOURN CLOSED SESSION
At 8:36 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 9:02 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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10/16/95
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, Pope-Ludlam, Miller; City
Attorney Penman; City Clerk Rachel Clark; City Administrator Shauna
Clark. Absent: None.
INVOCATION
The invocation was given by Phil Arvizo, Executive Assistant
to the Council.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Oberhelman.
PROCLAMATION - OCTOBER 23-27, 1995 - HOMELESS VETERANS
WEEK - SAN BERNARDINO COUNTY HOMELESS VETERANS CARE FAIRE
- OCTOBER 25, 1995 (2)
J. Lorraine Velarde, Executive Assistant to the Mayor, read a
resolution proclaiming October 23-27, 1995, as Homeless Veterans
Week and recognizing the San Bernardino County Homeless Coalition
and Arrowhead United Way's Days of Caring for collaborating with
various local organizations to sponsor the first San Bernardino
County Homeless Veterans Care Faire to be held on October 25, 1995,
at 1024 North "G" Street.
Steve Petty, Director of Field Education, Department of Social
Work, California State University, San Bernardino, accepted the
proclamation.
COMMENDATION THE PEACEBUILDERS PROGRAM
ELEMENTARY SCHOOL
EMMERTON
(2A)
J. Lorraine Velarde, Executive Assistant to the Mayor, read a
resolution commending The peacebuilders Program for its efforts to
reduce youth violence and its dedication to the youth within the
community. Since the commencement of the program at Emmerton
Elementary School in March 1994, there has been a 65 percent
decrease in student suspensions, 50 percent decrease in principal
referrals and an increase in academic performance.
Aurora Soriano, Director and Coordinator of peacebuilders,
accepted the commendation. Students presented Peacebuilder pledges
to the members of the Council and praise notes to the Mayor.
1995 VINTAGE AWARD - RENTAL HOUSING INSPECTION PROGRAM -
PLANNING & BUILDING SERVICES, MANAGEMENT INFORMATION
SERVICES & FIRE DEPARTMENT (2B)
J. Lorraine Velarde, Executive Assistant to the Mayor,
recognized staff within the Plannlng & Building Services,
Management Information Services and Fire Departments for their
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efforts with the Rental Housing Inspection Program. On October 20,
1995, the City was honored with the 1995 Vintage Award for
governmental action in the creative use of limited staff and
financial resources, sponsored by the local chapters of the
American Institute of Architects, American Planning Association,
Association of Environmental Professionals, American Society of
Landscape Architects and the California Society of Professional
Engineers.
Staff from Planning & Building Services, Management
Information Services and Fire Departments accepted the award.
STAFF AWARD - CITY ATTORNEY'S OFFICE
(2C)
City Attorney Penman stated that in relation to the Walker
Case, the Ninth District Circuit Court ruled in favor of the City,
and signifies that the City will not tolerate frivolous lawsuits.
Deputy City Attorney Rhemrev was recognized for his efforts on
the case and was presented with the "official City Attorney tiger."
SERVICE PIN AWARDS
(2D)
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
Deoartment
Rosario Nunez
Deborah L. Enay
Cemetery
Economic Development
Agency
Economic Development
Agency
Economic Development
Agency
Police
Police
Police
San Bernardino Employment
& Training Agency
Sue Morales
James Willmott
Paula Clay
Rachel May
Larry Richards
Cecilia Mazurier
Years of Service
30 year pin
5 year pin
10 year pin
15 year pin
10 year pin
10 year pin
25 year pin
15 year pin
Each employee received a service pin presented by Mayor Minor.
ANNOUNCEMENT - COUNCIL MEMBER CURLIN
(3)
Council Member Curlin stated that in view of the negative
publicity received by the City, it's int.eresting to note that there
are many positive things occurring within the City; i.e., the
passing of the non-smoking ordinance which prohibits tobacco
vending machines in all public places. He acknowledged that the
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State is now taking action to prohibit tobacco vending machines in
public facilities.
ANNOUNCEMENTS - COUNCIL MEMBER HERNANDEZ
(3A)
Council Member Hernandez expressed concern regarding the
negative publicity the City has received, however, expanded upon
the positive aspects; i.e., the Peacebuilders Program and the
Rental Housing Inspection Program, and encouraged the citizens to
not waver.
ANNOUNCEMENTS - COUNCIL MEMBER OBERHELMAN
(3B)
Council Member Oberhelman commended the staff and volunteers
who participated in the Rediscover San Bernardino Picnic held on
October 14, 1995, and accentuated the positive events occurring
within the City.
ANNOUNCEMENTS - COUNCIL MEMBER DEVLIN
(3C)
Council Member Devlin recognized the editor of The Sun
newspaper for the recent publication of positive articles on the
City.
CLOSED SESSION ANNOUNCEMENT - REFERENCED EARLIER IN THE
MEETING - SEE PAGE 1 (1)
City Attorney Penman stated that in the matter of Stubblefield
Construction Co.. et al vs. City of San Bernardino - United States
Supreme Court Docket No. 95-114, the Court of Appeals decided in
favor of the City. The City will be reimbursed over $19,000 for
its costs. Total cost of the litigation is $117,413, which is
significantly lower than the original award to the contractor of
$11,000,000.
ANNOUNCEMENT - MAYOR MINOR
(3D)
Mayor Minor announced that the San Bernardino Branch of the
National Association for the Advancement of Colored People (NAACP),
League of Women Voters, Mexican/American political Association and
the Westside Action Group are sponsoring a candidate forum for the
upcoming November 7th election to be held on October 25, 1995, from
7:00-9:00 p.m., in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California, and encouraged the public to
participate.
PUBLIC COMMENTS - BRIAN PRECIADO
(4)
Brian Preciado, 1660 Echo Drive, San Bernardino, CA,
representing himself and the San Bernardino Professional
Firefighters, Local 891, stated t.hat the San Bernardino
Professional Firefighters Union, Local 891, endorses Jim Penman for
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10/16/95
City Attorney for the upcoming November 7th primary election.
A discussion was held as to whether it is appropriate to use
the public podium during meetings of the Mayor and Common Council
as a mechanism for political endorsements and the establishment of
a policy which would prohibit such. (Referenced later in the
meeting.) (See Item 3E Below)
PUBLIC COMMENTS - ED HILL
(4A)
Ed Hill, President, Inland Empire
North "D" Street, San Bernardino, CA,
the City's financial assistance.
Symphony Association, 1807
expressed appreciation for
PUBLIC COMMENTS - CHRIS DANIELS
(4B)
Chris Daniels , Executive Director, Inland Empire Symphony
Association, 362 W. Court Street, San Bernardino, CA, reiterated
the statements made by Mr. Hill and stated that the City will be
acknowledged on each concert program, subscription brochure and on
a sponsorship placard which will be displayed at each symphony
concert.
ANNOUNCEMENT - MAYOR MINOR
(3E)
Mayor Minor requested that the matter of using the public
podium during meetings of the Mayor and Common Council to endorse
political candidates or utilization as a political forum be
referred to the Legislative Review Committee. (Referenced earlier
in the meeting.) (See Item 4, Pages 5 & 6)
PUBLIC COMMENTS - RUBEN LOPEZ
(4C)
Ruben Lopez, 631 W. 16th Street, San Bernardino, CA, expressed
concern regarding the actions taken by Council Members Curlin,
Hernandez and Pope-Ludlam relative to the Aguilar case and the
recent approval of the increase to the Courtesy Ambulance rates.
PUBLIC COMMENTS - KEITH THOMPSON
(4D)
Keith Thompson, 2142 Sunrise Lane, San Bernardino, CA, stated
that the citizens are willing t.o assist and provide input to the
Mayor and Council; however, he has submitted numerous requests for
changes within the Arden/Guthrie area to no avail.
PUBLIC COMMENTS - RITA ARIAS
(4E)
Rita Arias, 2519 York Court,
Council to allow the City to
transportation service.
San Bernardino, CA, urged the
operate an emergency-medical
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PUBLIC COMMENTS - TERRY MOLL
(4F)
Terry Moll, 6705 N. Steven Way, San Bernardino, CA, stated
that the organization, We The People, had an information booth at
the Rediscover San Bernardino picnic held on October 14, 1995, and
assisted with the registration of voters.
PUBLIC COMMENTS - JOHN KIRLEY
(4G)
John Kirley, 1170 N. Arrowhead Avenue, San Bernardino, CA,
announced his write-in candidacy for City Treasurer for the
upcoming November 7th election and expressed concern regarding the
City's policy for the demolition of buildings.
PUBLIC COMMENTS - ROBERT REGO
(4H)
Robert Rego, 853-A Lynwood, San Bernardino, CA, explained the
Bible's definit.ion of a leader.
PUBLIC COMMENTS - JEFF WRIGHT
(4I)
Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired
about the rules to appeal a matter before the Mayor and Common
Council and voiced concern regarding the recent article in The Sun
newspaper relative to personal safety within the City.
ANNOUNCEMENT - COUNCIL MEMBER DEVLIN
(3F)
Council Member Devlin stated that the dedication of the
Littlefield Shultis Park will take place at 10:00 a.m., October 19,
1995, and urged the public to attend.
AUTHORIZE PAYMENT OF INVOICE - $2,103.28 - COMPUTER NOOK
- PURCHASE OR FIVE PRINTERS - CITY ATTORNEY'S OFFICE
(NB1.)
Council Member Miller made a motion,
Member Hernandez, and unanimously carried,
subsequent to the posting of the agenda.
seconded by Council
that the matter arose
Mayor Minor stated that the purchase price for the five
printers exceeded the original allocation; Computer Nook is seeking
payment of its invoice in the amount of $2,103.28 and the City will
receive a $50 refund for each printer upon payment of the invoice.
Council Member Oberhelman made a motion, seconded by Council
Member Miller, and unanimously carried, that the City Attorney's
Office be authorized to pay the invoice issued by Computer Nook in
the amount of $2,103.28.
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WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5)
Jeff Wright, P.
opposition to waiving
ordinances.
O. Box 2341, San
the full reading
Bernardino, CA, voiced
of the resolutions and
COUNCIL MEMBER CURLIN EXCUSED
At 10:13 a.m., Council Member Curlin left the Council meeting.
Council Member Negrete made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that full reading of
the resolutions and ordinances on the regular and supplemental
agenda of the Mayor and Common Council be waived.
COUNCIL MINUTES
(6)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the minutes of the
following meetings of the Mayor and Common Council of the City of
San Bernardino be approved as submitted in typewritten form:
August 21, 1995; September 5, 1995.
RES. 95-350 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE
APPLICATION FOR PARTICIPATION IN THE CALIFORNIA HEALTHY
CITIES PROJECT. (7)
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Resolution No. 95-350 was
Ayes: Council Members Negrete,
Pope-Ludlam, Miller. Nays: None.
adopted by the following vote:
Hernandez, Oberhelman, Devlin,
Absent: Council Member Curlin.
RES. 95-351 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER TO COMPASS BUILDING SERVICES
FOR THE FURNISHING AND DELIVERY OF CUSTODIAL SERVICE FOR
THE FELDHEYM LIBRARY, TO BE UTILIZED BY THE FACILITIES
MANAGEMENT DEPARTMENT IN ACCORDANCE WITH BID
SPECIFICATION F-96-10. (8)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
Resolution No. 95-351 was
Ayes: Council Members Negrete,
Pope-Ludlam, Miller. Nays: None.
adopted by the following vote:
Hernandez, Oberhelman, Devlin,
Absent: Council Member Curlin.
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RES. 95-352 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER TO METAL MAINTENANCE INC. FOR
THE RECAULKING AND WASHING OF EXTERIOR GLASS FOR CITY
HALL, TO BE UTILIZED BY THE FACILITIES MANAGEMENT
DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-96-11.
(9)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
Resolution No. 95-352 was
Ayes: Council Members Negrete,
Pope-Ludlam, Miller. Nays: None.
adopted by the following vote:
Hernandez, Oberhelman, Devlin,
Absent: Council Member Curlin.
RES. 95-353 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND
COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT
WITH CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO
PROVIDING FOR THE COOPERATIVE USES OF THE UNIVERSITY
OUTDOOR ATHLETIC FACILITIES AND THE CITY'S FISCALINI
FIELD AND REPEALING RESOLUTION 95-38. (10)
Concern was expressed regarding the benefit of exchange and
whether or not the City should consider charging the university for
use of Fiscalini Field, as a result of the construction of the new
baseball stadium and the subsequent decline in the use of the field
by the Spirit baseball team.
COUNCIL MEMBER CURLIN RETURNED
At 10:19 a.m., Council Member Curlin returned to the Council
meeting and took his place at the council table.
Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed
support for the adoption of said resolution.
Council Member Pope-Ludlam made a motion, seconded by Council
Member Oberhelman, that the matter be referred to the Ways & Means
Committee.
Council Member Oberhelman removed his second and the motion
failed for lack of a second.
David DeMauro, Vice President of Finance, California State
University, San Bernardino, 5500 University Parkway, San
Bernardino, CA, explained that the City normally utilizes the pool
and stated that the agreement allows the City to use the other
facilities within the university.
Council Member Hernandez made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
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10/16/95
Resolution No. 95-353 was adopted by the following
Ayes: Council Members Negrete, Curlin, Hernandez, Devlin,
Ludlam, Miller. Nays: Council Member Oberhelman. Absent:
vote:
Pope-
None.
RES. 95-354 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION NO. 6429, ENTITLED IN PART "A
RESOLUTION. .. ESTABLISHING A BASIC COMPENSATION PLAN FOR
OFFICERS AND/OR EMPLOYEES OF THE POLICE AND FIRE
DEPARTMENTS OF THE CITY OF SAN BERNARDINO." (11)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
Resolution No. 95-354 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
RES. 95-355 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER TO CONSOLIDATED FABRICATORS,
INC., FOR COMMERCIAL TIRE RACKS TO BE UTILIZED BY THE
PUBLIC SERVICES DEPARTMENT IN ACCORDANCE WITH BID
SPECIFICATION F-95-15. (12)
Jim Howell, Acting Director, Public Services, answered
questions regarding the size and accommodations of the tire racks.
Lynn
Department,
imposed by
collection,
Merrill, Recycling Coordinator, Public Services
explained that the provisions governing waste tires are
the State and answered questions regarding the
disposal, weight and identification of waste tires.
City Administrator
Department for their
Beautiful Award."
Shauna Clark recognized the Public Services
efforts in securing the "Keep America
Concern was expressed regarding the storage of used tires and
the visual blight resulting from the use of chain link fences.
Director Howell explained that audits will be conducted to
ensure compliance with the waste-tire pickup and recycling program.
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, that said resolution be adopted; and that the
matter of outdoor storage of used tires be referred to the
Legislative Review Committee.
The motion carried and Resolution No. 95-355 was adopted by
the following vote: Ayes: Council Members Negrete, Curlin,
Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None.
Absent: None.
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SET PUBLIC HEARING - NOVEMBER 6, 1995
CHARGES COLLECTION, PROCESSING &
TIRES - PUBLIC SERVICES DEPARTMENT
- ESTABLISH FEES &
DISPOSAL OF WASTE
(13)
James Howell, Acting Director of Public Services, submitted a
Staff Report dated October 3, 1995, relative to setting the time
and date for a public hearing to establish fees and charges for the
collection, processing and disposal of waste tires.
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that a public hearing
be set for November 6, 1995, at 10:00 a.m., in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, CA, for the
purpose of fixing and determining the fees and charges to be
charged for the collection, processing and disposal of waste tires.
CLAIMS AND PAYROLL
(1.4)
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 October 10, 1995, from the Director of Finance be approved.
PERSONNEL ACTIONS
(15)
A discussion was held relative to whether or not the positions
were vacant prior to June 30, 1995, and concern was expressed that
the establishment of part-time/non-permanent positions is being
used to circumvent the actions taken to balance the fiscal year
1995/96 budget.
Council Member Oberhelman made a motion, seconded by Council
Member Pope-Ludlam, that the personnel actions submitted by the
Chief Examiner dated October 5, 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, except for Item No. Two.
Discussion continued concerning the fiscal year 1995/96 budget
deliberations and whether or not the Ways & Means Committee should
approve the filling of all vacant positions for fiscal year
1995/96 .
Council Member Oberhelman withdrew his motion.
Council Member Hernandez made a motion, seconded by Council
Member Negrete, and unanimously carried, that the personnel actions
submitted by the Chief Examiner dated October 5, 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.
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10/16/95
RES. 95-356 - RESOLUTION OF THE CITY OF SAN BERNARDINO
PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE COULSTON
AREA; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK
WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT
NO. 1016, AND WAIVING NOTICE AND HEARING. (16)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that said resolution be adopted.
Resolution No. 95-356 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Devlin, pope-Ludlam, Miller. Nays: None. Absent: None.
RES. 95-357 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION NO. 8234 ENTITLED, IN PART, "A
RESOLUTION. .. ESTABLISHING PARKING TIME LIMITATIONS UPON
CERTAIN DESIGNATED STREETS, ALLEYS, OR PORTIONS
THEREOF. . . ;" AND AUTHORIZING THE REMOVAL OF THE TWO-HOUR
PARKING LIMITATION ON THE EAST SIDE OF "F" STREET BETWEEN
FOURTH STREET AND FIFTH STREET. (17)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that said resolution be adopted.
Resolution No. 95-357 was adopted by the following vote:
Ayes: Council Members Negrete, Curl in, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
RES. 95-358 - RESOLUTION OF THE CITY OF SAN BERNARDINO
APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 15642,
LOCATED ON THE NORTH SIDE OF KENDALL DRIVE AT NEW PINE
AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON
SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM
OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION,
WITH TIME FOR PERFORMANCE SPECIFIED. (18)
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Resolution No. 95-358 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Devlin, pope-Ludlam, Miller. Nays: None. Absent: None.
ESTABLISH POSITION - IDENTIFICATION TECHNICIAN III
POLICE DEPARTMENT (19)
Barbara Dillon, Director of Personnel,
Report dated October 9, 1995, concerning the
Identification Technician III position
Department.
submitted a Staff
establishment of an
within the Police
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10/16/95
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the position of
Identification Technician III, Range 2376, $2,896-$3,520/month, be
established; and that the Personnel Department be directed to
update Resolution No. 6413, Section 11, to reflect this particular
action.
RECESS MEETING
At 10:58 a.m., Mayor Minor declared a five-minute recess.
RECONVENE MEETING
At 11:06 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,
Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; City Attorney
Penman; City Clerk Rachel Clark; City Administrator Shauna Clark.
Absent: Council Member Curlin.
PUBLIC HEARING - INCREASE BURIAL & SERVICE FEES - PIONEER
MEMORIAL CEMETERY (20)
This is the time and place set to conduct a public hearing to
consider an increase for materials and service fees for pioneer
Memorial Cemetery.
Daniel Ustation, Cemetery Superintendent, submitted a Staff
Report dated August 30, 1995, concerning a proposed increase to the
burial and service fees for the Pioneer Memorial Cemetery.
Mayor Minor opened the hearing.
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A
SCHEDULE OF CHARGES FOR THE SALE OF MATERIALS AND
SERVICES BY THE CEMETERY OF SAID CITY, AND REPEALING
RESOLUTION NO. 94-91 AND ALL SUBSEQUENT AMENDMENTS
THERETO. (20)
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that the hearing be
closed.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
Cemetery Superintendent Ustation answered questions regarding
the proposed rate increases.
13 10/16/95
COUNCIL MEMBER CURLIN RETURNED
At 11:10 a.m., Council Member Curlin returned to the Council
meeting and took his place at the council table.
Council Member Curlin made a substitute motion, seconded by
Council Member Pope-Ludlam, and unanimously carried, that the
matter be referred to the Legislative Review Committee.
CITY ATTORNEY PENMAN EXCUSED
At 11:21 a.m., City Attorney Penman left the Council meeting
and was replaced by Senior Assistant City Attorney Barlow.
ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO ARRIVED
At 11:21 a.m., Economic Development Agency Special Counsel
Timothy Sabo arrived at the Council meeting.
CITY ADMINISTRATOR SHAUNA CLARK EXCUSED
At 11:21 a.m., City Administrator Shauna Clark left the
Council meeting and was replaced by Economic Development Agency
Administrator Timothy Steinhaus.
COMMUNITY DEVELOPMENT COMMISSION/ SAN BERNARDINO JOINT
POWERS FINANCING AUTHORITY - JOINT REGULAR MEETING
At 11:21 a.m., Chairman Minor called the joint regular meeting
of the Community Development Commission/San Bernardino Joint Powers
Financing Authority and Mayor and Common Council to order in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
NOTE: The items reflected within the Community Development
Commission portion of the minutes are those which require action by
the Mayor and Common Council. Therefore, action taken relative to
Items R1, R2, R4, R8, R9, RIO, RS1, RS2, RS3 and ARS1 will not be
annotated. Minutes of actions taken on Community Development
Commission items are distributed separately by the Economic
Development Agency.
At this time, the Mayor and Common Council,
Community Development Commission, took action
Development Commission items.
acting as the
on Community
RECESS MEETING
At 12:09 p.m., the joint regular meeting of the Community
Development Commission/San Bernardino Joint Powers Financing
Authority and 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 2:07 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
14
10/16/95
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, Miller; City Attorney Penman; City
Clerk Rachel Clark; City Administrator Shauna Clark. Absent:
Council Members Curlin, Pope-Ludlam.
DEMOLISH BOULEVARD MARKET BUILDING 3200 NORTH "E"
STREET - DISCUSS & TAKE ACTION - COUNCIL MEMBER DEVLIN
(S9)
Council Member Devlin submitted
11, 1995, concerning a request to
Boulevard Market building located at
a Staff Report dated October
consider demolition of the
3200 North "E" Street.
Al Boughey, Director of Planning & Building Services,
submitted a memorandum dated October 16, 1995, concerning a
proposed schedule for the demolitior. of the Boulevard Market
building.
Director Boughey provided a synopsis of the action taken
relative to the Boulevard Market building.
COUNCIL MEMBER
At 2:09 p.m.,
Council meeting and
POPE-LUDLAM RETURNED
Council Member Pope-Ludlam returned
took her place at the council table.
to
the
A discussion ensued regarding due process, the potential
liability to the City and whether or not to commence with the
demolition process.
Ramona DeCosta, 5594 N. Crescent Street, San Bernardino, CA,
expressed support for the demolition of the Boulevard Market.
John Kirley, 1170 N. Arrowhead Avenue, San Bernardino, CA,
expressed concern that action may be taken without regard for the
property owner's best interest.
Jeff Wright, P. O. Box 2341,
concern regarding the prematurity of
demolishing the building based on
Building Commissioners has given the
days) to correct the nuisance.
San Bernardino, CA, expressed
the City's action to consider
the fact that the Board of
owner up to November 13th (30
COUNCIL MEMBER CURLIN RETURNED
At 2:15 p.m., Council Member Curlin returned to the Council
meeting and took his place at the council table.
Director Boughey answered questions regarding a summary
abatement versus a regular abatement.
15
10/16/95
Council Member Devlin made a mction, seconded by Council
Member Oberhelman, that the Planning & Building Services Department
be authorized to utilize an accelerated-bidding process for
demolition of the structure at 3200 North "E" Street, immediately
prepare specifications and solicit bids to effect the demolition,
award the demolition contract based upon the best bid, with staff
to report back to Council as to the total amount of the contract
and contractor and expend an initial amount up to $150,000 for the
cost of the demolition; that the Finance Department be authorized
to identify a source of funding; that the City Attorney's Office be
directed to contact the insurance carrier for the property to
attempt to ensure that the City is reimbursed for costs incurred
prior to any party with interest receiving any settlement; and that
an inspection of the structure be completed immediately; and, if
warranted, that the Director of Planning & Building Services be
authorized to proceed with a summary abatement.
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.
RES. 95-359 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT
FOR REIMBURSEMENT OF COSTS WITH CFG INVESTMENTS, LTD. AND
EMPIRE & ASSOCIATES, INC., RELATIVE TO THE FORMATION OF
AN ACQUISITION ASSESSMENT DISTRICT FOR THE CONSTRUCTION
OF NEW PINE AVENUE, BETWEEN KENDALL DRIVE AND IRVINGTON
AVENUE. (ASSESSMENT DISTRICT NO. 1015) (See related
Item No. R7, Page 26) (21)
Roger Hardgrave, Director of Public Works/Engineering,
answered questions regarding the timelines for repayment to the
City and the action taken concerning the New pine Development
Agreement.
Council Member Miller made a motion, seconded by Council
Member Devlin, that said resolution be adopted; and that said
resolution and agreement be amended by interlineation to replace
CFG Investments, Ltd., with Pine & Con~ifer, Limited Partnership,
A California Limited Partnership.
The motion carried and Resolution No. 95-359 was adopted by
the following vote: Ayes: Council Members Curlin, Hernandez,
Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Abstain:
Council Member Negrete. Absent: None.
RES. 95-360 - RESOLUTION OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, MAKING FINDINGS ON PETITION. (New Pine
Avenue Acquisition Assessment District No. 1015) (22A)
16
1.0/16/95
RES. 95-361 - RESOLUTION OF THE CITY OF SAN BERNARDINO
MAKING APPOINTMENTS IN A SPECIAL ASSESSMENT DISTRICT.
(New pine Avenue Acquisition Assessment District No.
1015) (22B)
RES. 95-362 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF A
SPECIAL ASSESSMENT DISTRICT. (New Pine Avenue
Acquisition Assessment District No. 1015) (22E)
RES. 95-363 - RESOLUTION OF THE CITY OF SAN BERNARDINO
DECLARING INTENTION TO ORDER THE INSTALLATION OF CERTAIN
IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICT; DECLARING
THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT;
DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS
AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF
BONDS. (New pine Avenue Acquisition Assessment District
No. 1015) (22D)
RES. 95-364 - RESOLUTION OF THE CITY OF SAN BERNARDINO
PASSING ON THE "REPORT" OF THE ENGINEER, GIVING
PRELIMINARY APPROVAL, AND SETTING A TIME AND PLACE FOR
PUBLIC HEARINGS. (New pine Avenue Acquisition Assessment
District No. 1015) (22C)
Council Member Oberhelman made a motion, seconded by Council
Member Pope-Ludlam, that said resolutions be adopted.
Resolution Nos. 95-360, 95-361, 95-362, 95-363 and 95-364 were
adopted by the following vote: Ayes: Council Members Negrete,
Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays:
None. Absent: None.
RES. 95-365 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO GUTIERREZ CONSTRUCTION COMPANY FOR
WIDENING MILL STREET, FROM "I" STREET TO "H" STREET,
MODIFYING TRAFFIC SIGNALS AT MILL STREET AND "I" STREET;
AND APPROVING DEDUCTIVE CONTRACT CHANGE ORDER NO. ONE.
(23)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that the transfer of $10,500, from Account No. 126-
000-3405, "Unappropriated Reserves," to Account No. 126-369-5504-
1724, "Mill Street - "I" Street to "H" Street, be approved; and
that said resolution be adopted.
The motion carried and Resolution No. 95-365 was adopted by
the following vote: Ayes: Council Members Negrete, Curlin,
Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None.
Absent: None.
17
10/16/95
TRANSFER FUNDS $45,000 CITY'S SHARE OF COSTS
INSTALL TRAFFIC SIGNALS & CURB MEDIAN MODIFICATIONS -
NORTH PARK BOULEVARD & COYOTE DRIVE - CALIFORNIA STATE
UNIVERSITY, SAN BERNARDINO (24)
Roger Hardgrave, Director of Public Works/Engineering,
submitted a Staff Report dated September 26, 1995, concerning the
transfer of funds for the City's share of costs for the
installation of traffic signals and curb median modifications at
Northpark Boulevard and Coyote Drive.
Council Member Oberhelman made a motion, seconded by Council
Member Miller, and unanimously carried, that the transfer of
$45,000 from Account No. 131-000-3405, "Undesignated Balance," to
Account No. 126-369-5504, "Traffic Sigaals at Northpark Boulevard
and Coyote Drive," be approved, in order to provide funds for the
City's share of installing traffic signals and modifying the curbed
median.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN
AGREEMENT WITH AMERICAN CEMETERY/MORTUARY CONSULTANTS,
INC., TO REPRESENT THE CITY IN NEGOTIATIONS FOR THE SALE
OF PIONEER CEMETERY, A CITY OWNED PROPERTY. (25)
City Administrator Shauna Clark stated that until action is
taken on Measure I, at the November 7th election, to amend the City
Charter relative to the sale of property, staff is requesting that
the Mayor and Council take action to authorize American
Cemetery/Mortuary Consultants, Inc., to proceed with the appraisal
of the pioneer Cemetery at a cost not-to-exceed $4,500.
Council Member Devlin made a motion, seconded by Council
Member Negrete, that American Cemetery/Mortuary Consultants, Inc.,
be authorized to proceed with the appraisal of the pioneer Memorial
Cemetery at a cost not-to-exceed $4,500.
A discussion was held as
should be held to consider
Cemetery.
to whether or not a public hearing
the sale of the pioneer Memorial
Council Member Oberhelman made a substitute motion, seconded
by Council Member Pope-Ludlam, and unanimously carried, that the
matter be continued to November 6, 1995, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
8 . 93 TO THE SAN BERNARDINO MUNICIPAL CODE PROHIBITING
BICYCLES IN CERTAIN PUBLIC BUILDINGS. First (26)
Council Member Oberhelman made a motion, seconded
Member Negrete, that said ordinance be laid over
adoption.
by Council
for final
18
10/16/95
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.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN
BERNARDINO MUNICIPAL CODE SECTION 2.56.171 RELATING TO
SPECIAL ELECTIONS BEING CONDUCTED BY ALL MAIL BALLOT.
First (27)
Council Member Negrete made a motion, seconded by Council
Member Devlin, that said ordinance be laid over for final adoption.
A discussion was held regarding the pros and cons of
conducting an all-mail ballot election and the problems encountered
with absentee ballots during previous elections.
Council Member Miller made a substitute motion, seconded by
Council Member Devlin, that said ordinance be laid over for final
adoption; and if the election is held in February i996, that it be
conducted through the postal service (all-mail ballot) and that a
sunset clause be included within the ordinance to invalidate the
ordinance the day following the February 1996 election.
The substitute motion failed by the following vote: Ayes:
Council Members Devlin, Miller. Nays: Council Members Negrete,
Curlin, Hernandez, Oberhelman, Pope-Ludlam. Absent: None.
APPROVE EXPENDITURE - INSTALL TEMPORARY SIX-FOOT
LINK SECURITY FENCE - BRONSON AVENUE (WEST SIDE),
OF PORTOLA AVENUE - CIMMARON RANCH DEVELOPMENT
CHAIN
SOUTH
(28)
Council Member Pope-Ludlam submitted a Staff Report dated
September 28, 1995, requesting approval of a $4,000 expenditure for
installation of a temporary six-foot chain link security fence
along Bronson Avenue (west side), south of portola Avenue.
Council Member Oberhelman made a motion, seconded by Council
Member Miller, and unanimously carried, that the expenditure of
$4,000 from Account No. 126-369-3405, "Undesignated Balance," for
installation of a temporary six-foot chain link security fence
along Bronson Avenue (west side), south of Portola Avenue, be
approved.
ESTABLISH POSITION GRANT COORDINATOR/WRITER
BERNARDINO EMPLOYMENT & TRAINING AGENCY (SBETA)
SAN
(29)
Barbara Dillon, Director of Personnel, submitted a Staff
Report dated October 4, 1995, concerning the establishment of the
Grant Coordinator/Writer position within the San Bernardino
Employment & Training Agency.
19
10/16/95
Council Member Hernandez made a motion, seconded by Council
Member Miller, and unanimously carried, that the position of Grant
Coordinator/Writer, Range 4400, $3,264-$3,967/month, be
established; and that the Personnel Department be directed to
update Resolution No. 6413, Section 14, to reflect this particular
action.
RES. 95-366 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
T.Y.R.E.S., INC. FOR THE PROVISION OF WASTE TIRE PICK-UP
AND RECYCLING. (30)
Council Member Negrete made a motion, seconded by Council
Member Oberhelman, that said resolution be adopted.
Resolution No. 95-366 was adopted by the following vote:
Ayes: Council Members Negrete, Curl in, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
8.25 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
SCAVENGING OF RECYCLABLE MATERIALS. First (31)
Concern was expressed relative to the enforcement of the
ordinance.
Council Member Oberhelman made a motion, seconded
Member Negrete, that said ordinance be laid over
adoption.
by Council
for final
The motion carried by the following vote: Ayes:
Members Negrete, Curlin, Hernandez, Oberhelman, Devlin,
Nays: Council Member Pope-Ludlam. Absent: None.
Council
Miller.
RES. 95-367 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING SECTION 1 OF RESOLUTION 95-101 FIXING AND
ESTABLISHING CHARGES FOR SERVICES AND FACILITIES
FURNISHED BY THE CITY SEWERAGE COLLECTION AND TREATMENT
SYSTEM. (32)
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, that said resolution be adopted.
Resolution No. 95-367 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
20
10/16/95
RES. 95-368 - 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) (Continued from October 2, 1995)
(33)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that said resolution be adopted.
Resolution No. 95-368 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
RES. 95-369 - 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) (Continued from October 2,
1995) (34)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
Resolution No. 95-369 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
CODE ENFORCEMENT TIMELINES - DISCUSS & TAKE ACTION -
COUNCIL MEMBER HERNANDEZ - CONTINUED FROM OCTOBER 2, 1995
(35)
This is the time and place continued to discuss and take
possible action relative to code enforcement timelines.
Council Member Hernandez made a motion, seconded by Council
Member Negrete, and unanimously carried, that the matter be
continued to November 6, 1995, in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
APPROVE IN CONCEPT - CONSTRUCT PEDESTRIAN BRIDGE OVER
MEDICAL CENTER DRIVE, SOUTH OF 19TH STREET - COMMUNITY
HOSPITAL - DIRECT CITY ATTORNEY TO PREPARE STANDARD FORM
LICENSE AGREEMENT - ENCROACHMENT (Sl)
Roger Hardgrave, Director of Public Works/Engineering,
submitted a Staff Report dated October 9, 1995, concerning the
construction of a pedestrian bridge over Medical Center Drive by
the Community Hospital.
Council Member Pope-Ludlam made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the construction
21
10/16/95
of a pedestrian bridge over Medical Center Drive, south of 19th
Street, by Community Hospital, be approved in concept; and that the
City Attorney be directed to prepare a standard form license
agreement to authorize the encroachment of this private facility
within a public street right-of-way.
RELOCATE - POLICE SUBSTATION - FROM MILL STREET & MT.
VERNON AVENUE TO FOOTHILL BOULEVARD & MERIDIAN AVENUE -
THIRD TO SIXTH WARD - COUNCIL MEMBER HERNANDEZ (S2)
Council Member Hernandez submitted a Staff Report
October 10, 1995, concerning the relocation of the
substation presently located at Mill Street and Mt. Vernon
to Foothill Boulevard and Meridian Avenue.
dated
police
Avenue
A discussion was held regarding the need for the relocation of
the police substation at Mill Street and Mt. Vernon Avenue.
Council Member Hernandez made a motion, seconded by Council
Member Pope-Ludlam, that the Police Department be directed to work
with the property owner on Fifth Street and Meridian Avenue to
establish a new police substation; and that staff be alternated
between the new substation and the police substation at Mill Street
and Mt. Vernon Avenue for a period of 90 days.
The motion carried by the following vote: Ayes:
Members Negrete, Curlin, Hernandez, Devlin, Pope-Ludlam,
Nays: Council Member Oberhelman. Absent: None.
Council
Miller.
WAIVE FEES - TEMPORARY USE PERMIT $292 - COMMUNITY AND
SCHOOL ALLIANCE FOUNDATION - SCHOOL CARNIVAL NINTH
STREET & WATERMAN AVENUE - OCTOBER 26-29, 1995 (S3)
Shauna Clark, City Administrator, submitted a Staff Report
dated October 10, 1995, concerning a request by the Community and
School Alliance Foundation to waive fees in the amount of $292 for
a temporary use permit for the operation of a school carnival to be
held on October 26-29, 1995.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the request for a
waiver of the temporary use permit fee of $292 from the Community
and School Alliance Foundation to conduct a school carnival,
October 26-29, 1995, at 9th Street and Waterman Avenue, be
approved.
RES. 95-370 - 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. (S4)
22
10/16/95
A discussion ensued regarding the purpose for the special
election and the date and time in which it would be called.
council Member Hernandez made a motion, seconded by Council
Member Pope-Ludlam, that said resolution be adopted and amended by
interlineation to delete and include the following: Section One,
delete "on Tuesday, February 6, 1996" and replace with "within the
month of March 1996"; and delete Section Five and renumber what is
now Section Six to Section Five.
The motion carried and
the following vote: Ayes:
Pope-Ludlam, Miller. Nays:
Devlin. Absent: None.
Resolution No. 95-370 was adopted by
Council Members Negrete, Hernandez,
Council Members Curlin, Oberhelman,
CHANGE DATES MAYOR & COMMON COUNCIL AND
DEVELOPMENT/SAN BERNARDINO JOINT POWERS
AUTHORITY MEETINGS - MONTH OF NOVEMBER 1995
1996 .
COMMUNITY
FINANCING
& JANUARY
(S5)
Mayor Minor submitted a Staff Report dated October 10, 1995,
requesting a change of meeting dates of the Mayor and Common
Council and Community Development Commission/San Bernardino Joint
Powers Financing Authority for the months of November 1995 and
January 1996.
Council Member Devlin made a motion, seconded by Council
Member Miller, that the Mayor & Common Council and Community
Development Commission/San Bernardino Joint Powers Financing
Authority meeting of November 6, 1995, be changed to Wednesday,
November 8, 1995, in the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California.
The motion
Members Devlin,
Negrete, Curlin,
failed by the following vote:
Pope-Ludlam, Miller. Nays:
Hernandez, Oberhelman. Absent:
Ayes:
Council
None.
Council
Members
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the Mayor and
Common Council and Community Development Commission/San Bernardino
Joint Powers Financing Authority meetings of January 3 and 15, 1996
be changed to January 8 and 22, 1996, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
RES. 95-371 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO EASTLAND CONSTRUCTION, INC. FOR
STREET IMPROVEMENTS ON SAN BERNARDINO AVENUE, FROM
RICHARDSON AVENUE TO MT. VIEW AVENUE. (S6)
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
23
10/16/95
campaign. Consequently, Special Counsel Timothy Sabo has reviewed
and approved the contract.
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, that said resolution be adopted.
Resolution No. 95-371 was adopted by the following vote:
Ayes: Council Members Negrete, Curl in, Hernandez, Oberhelman,
Pope-Ludlam, Miller. Nays: None. Abstain: Council Member
Devlin. Absent: None.
WAIVE FEES - USE OF CITY PERSONNEL, EQUIPMENT & SERVICES
$1,675 CONGREGATION EMANU EL'S ANNIVERSARY
CELEBRATION - OCTOBER 22, 1995 (S7)
Fred Wilson, Assistant City Administrator, submitted a Staff
Report dated October 11, 1995, concerning a request from
Congregation Emanu El to waive fees in the amount of $1,675 for use
of City personnel, equipment and services for i ts anniversary
celebration to be held on October 22, 1995.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the request to waive
fees for use of City personnel, equipment and services in the
amount of $1,675 in connection with Congregation Emanu El's
anniversary celebration scheduled for October 22, 1995, be
approved.
WAIVE FEES - USE OF CITY PERSONNEL, EQUIPMENT & SERVICES
$390 EASTER SEAL SOCIETY OF INLAND COUNTIES
FUNDRAISING BLOCK PARTY SPONSORED BY DALE'S MODERN
CYCLES - NOVEMBER 4, 1995 (S8)
Fred Wilson, Assistant City Administrator, submitted a Staff
Report dated October 11, 1995, concerning a request from the Easter
Seal Society of Inland Counties to waive fees in the amount of $390
for use of City personnel, equipment and services for a fundraising
block party sponsored by Dale's Modern Cycles and scheduled to be
held on November 4, 1995.
Council Member Pope-Ludlam made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the request to
waive fees for use of City personnel, equipment and services in the
amount of $390 in connection with the Easter Seal Society of Inland
Counties fundraising block party on November 4, 1995, be approved.
RECESS MEETING
At 4:26 p.m., Mayor Minor declared a five-minute recess.
RECONVENE MEETING
At 4:32 p.m., Mayor Minor reconvened the regular meeting of
the Mayor and Common Council of the City of San Bernardino in the
24
10/16/95
Council Chambers of City Hall,
Bernardino, California.
300 North "D" Street,
San
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 and Economic Development Agency
Special Counsel Timothy Sabo; City Clerk Rachel Clark; Economic
Development Agency Administrator Timothy Steinhaus. Absent: None.
COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT
POWERS FINANCING AUTHORITY - JOINT REGULAR MEETING
At 4:33 p.m., Chairman Minor called the joint regular meeting
of the Community Development Commission/San Bernardino Joint Powers
Financing Authority and Mayor and Common Council to order in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R3)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that full reading of the
resolutions and ordinances on the regular, supplemental and
addendum to the supplemental agendas of the Community Development
Commission/San Bernardino Joint Powers Financing Authority and
Mayor and Common Council, be waived.
RES. 95-372 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO OLD HICKORY CONSTRUCTION FOR
REPLACEMENT OF THE RESTROOM BUILDING IN NICHOLSON PARK.
(R5)
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
Resolution No. 95-372 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
CONTRACT CHANGE ORDER NO. ONE - CONSTRUCT CURB, GUTTER,
SIDEWALK & FACILITIES - VARIOUS LOCATIONS - PLAN NO. 9151
GOSNEY BACKHOE & EQUIPMENT $160,000 CONTRACT
EXTENSION FOR SIX MONTHS - 1/1/96-6/30/96 (R6)
Roger Hardgrave, Director of Public Works/Engineering,
submitted a Staff Report dated October 10, 1995, concerning
Contract Change Order No. One with Gosney Backhoe & Equipment to
extend the term of the contract for six months for the construction
of curb, gutter, sidewalk and facilities at various locations
within the City.
25
10/16/95
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, and unanimously carried, that the Mayor and Common
Council increase the Community Development Block Grant allocation
to include $6,952.01 in 1995/96 contingency; and that Change Order
No. One to the contract with Gosney Backhoe & Equipment, for
installation of curb, gutter, sidewalk and other concrete
construction, in accordance with Plan No. 9151, be approved to
extend the term of the contract from January 1, 1996 to June 30,
1996, and increase the contract price by $160,000, from $160,000 to
$320,000.
LOAN AGREEMENT - $500,000 - CITY & ECONOMIC DEVELOPMENT
AGENCY - INFRASTRUCTURE IMPROVEMENTS - NEW PINE AVENUE -
ASSESSMENT DISTRICT NO. 1015 - SEE RELATED ITEM NO. 21,
PAGE 16 (R7)
Ronald Winkler, Development Director, Economic Development
Agency, submitted a Staff Report dated October 5, 1995, concerning
a loan agreement between the Economic Development Agency and the
City to provide provisional funds for the infrastructure
improvements to new Pine Avenue.
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that the Mayor and Common
Council and the Community Development Commission approve a loan
agreement between the City and the Economic Development Agency
(Agency) in the amount of $500,000 for the construction of new pine
Avenue; and that staff be authorized tc execute the loan agreement
and increase the Agency's budget accordingly.
ADJOURNMENT (36)
At 5:10 p.m., the regular meeting adjourned. The next meeting
will be held at 8:00 a.m., Monday, November 6, 1995, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino,
California.
RACHEL CLARK
City Clerk
By "f-~ ,!;~~
v zanna Cordova
eputy Clty Clerk
No. of Items: 51
No. of Hours: 7 hrs.
26
10/16/95