HomeMy WebLinkAbout04-04-1994 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
REGULAR MEETING
APRIL 4, 1994
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 8:02
a.m., Monday, April 4, 1994, 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; Senior Assistant city
Attorney Morillo, City Clerk Rachel Clark, City Administrator
Shauna Clark. Absent: Council Members Pope-Ludlam, Miller.
RECESS MEETING - CLOSED SESSION
At 8:02 a.m., the Mayor and Common Council and
Development Commission recessed to closed session
following:
(1)
Community
for the
A. Litigation pursuant to Government Code Section 54956.9:
a. Conference with legal counsel - existing litigation:
l. Zofia Tvrakowska vs. citv of San Bernardino - Ninth
Circuit Court of Appeals Case No. 94-55137;
2. Cal Safari. Inc. DBA In Cahoots: Thomas D. Elesea;
CR Cafe SB. Inc.. DBA Thumpers vs. citv of San
Bernardino. the citv Clerk of the city of San
Bernardino and Daniel Robbins. the Chief of Police
of the Police Department of the citv of San
Bernardino - San Bernardino Superior Court Case No.
SCV 10942.
3. Pike vs. Henrv/Citv of San Bernardino San
Bernardino Superior Court Case No. SCV 00530.
b. Conference with legal counsel - anticipated litigation:
1.
Significant exposure
subdivision (b) of
potential cases;
to litigation pursuant to
Section 54956.9: three
2. Initiation of litigation pursuant to Subdivision
(c) of Section 54956.9: three potential cases.
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B. Pursuant to Government Code section 54957.6:
a. Conference with labor negotiator:
Agency Negotiator: Barbara Dillon, Director of Personnel.
Emplovee Oraanizations:
San Bernardino city Employees' Association representing
General Employees;
San Bernardino Public Employees' Association representing
Mid-Management Employees;
International Association of Firefighters Local 89l
representing Fire Safety Employees;
San Bernardino Police Officers' Association representing
Police Safety Employees.
CLOSED SESSION
At 8:02 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; Senior Assistant City
Attorney Morillo, City Clerk Rachel Clark, City Administrator
Shauna Clark. Absent: Council Members Pope-Ludlam, Miller.
Also present: Deputy City Attorney Simmons, and Margaret
Scroggin, Administrative operations supervisor, City Attorney's
Office.
READING OF RESOLUTIONS & ORDINANCES
Deputy City Clerk Jones read the titles of all the resolutions
and ordinances on the regular, supplemental and Community
Development Commission agendas while the Council was in closed
session.
PERSONNEL DIRECTOR DILLON ARRIVED
At 8:08 a.m., Barbara Dillon, Director of Personnel, arrived
at the closed session.
COUNCIL MEMBER MILLER ARRIVED
At 8:10 a.m., Council Member Miller arrived at the closed
session.
COUNCIL MEMBER MILLER EXCUSED
At 8:40 a.m., Council Member Miller left the closed session.
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PERSONNEL DIRECTOR DILLON EXCUSED
At 8:50 a.m., Barbara Dillon, Director of Personnel, left the
closed session.
DEPUTY CITY ATTORNEY RHEMREV ARRIVED
At 8:55 a.m., Deputy City Attorney Rhemrev arrived at the
closed session.
DEPUTY CITY ATTORNEY RHEMREV EXCUSED
At 8:57 a.m., Deputy City Attorney Rhemrev left the closed
session.
ADJOURN CLOSED SESSION
At 8:58 a.m., the closed session was adjourned to the regular
meeting of the Mayor and Common Council of the City of San
Bernardino.
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.
ROLL CALL
Roll call was taken by city Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Hernandez, Oberhelman, Devlin, Miller; Deputy city Attorney
Roth, City Clerk Rachel Clark, city Administrator Shauna Clark.
Absent: Council Member Pope-Ludlam.
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 Curlin.
EMPLOYEE RECOGNITION AWARDS - FOURTH QUARTER 1994 (2)
In a memorandum dated March 23, 1994, Les Fogassy, Chairman,
Employee Recognition Award Selection Committee, stated that the
following employees have been selected as recipients of the
Employee of the Quarter Awards for the Fourth Quarter of 1994 in
each of their respective categories:
Management/Confidential category
Mid-Management category
Safety category
General category
no nominations
Don Johnson
Jon Waterhouse
Chad Lynde
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COUNCIL MEMBER
At 9:07 a.m.,
Council meeting and
POPE-LUDLAM ARRIVED
Council Member Pope-Ludlam arrived
took her place at the council table.
at
the
PROCLAMATION
APRIL II - 18, 1994
BARBERSHOP
HARMONY
WEEK -
(2-A)
J. Lorraine Velarde, Executive Assistant the Mayor, read a
proclamation declaring the week of April 11 to 18, 1994, as
Barbershop Harmony Week in the city of San Bernardino.
Jerry Weitzman, Chapter representative of the Society for the
Preservation and Encouragement of Barbershop Quartet Singing in
America, Inc., accepted the proclamation.
The Barbershop quartet performed a musical number.
PROCLAMATION
APRIL 1994
EARTHQUAKE PREPAREDNESS MONTH-
(2-B)
J. Lorraine Velarde, Executive Assistant to the
proclamation declaring the month of April 1994,
Preparedness Month in the City of San Bernardino.
Mayor, read a
as Earthquake
cynde Frazen, Co-Chair of the Earthquake Mitigation Task
Force, accepted the proclamation and acknowledged the following
members: Jim Burns, Chair, Dick McGreevy, Mel upp, Linda Turcotte,
Willie Smith, Kathy Sokol, Loretta Roth and Anita Greenawalt.
PROCLAMATION - MARCH OF DIMES WALK-AMERICA/TEAM WALK DAY
- APRIL 23, 1994 (2-C)
J. Lorraine Velarde, Executive Assistant to the Mayor, read a
prOClamation declaring Saturday, April 23, 1994, as March of Dimes
Walk-America/Team Walk Day in the City of San Bernardino.
Barry McCarroll, site Chairman for Walk-America, and Bill
Payne, Overall Chairman of Walk-America, Debbi Lee, Director of
County Services Inland Chapter for the March of Dimes and
Chairperson of the San Bernardino Walk-America, accepted the
proclamation.
Debbi Lee introduced Ann Marie and Michelle Lee as Ambassadors
for the March of Dimes, and explained the costs of medical care for
her premature twins.
Bill Payne presented the Mayor and Common Council with event
t-shirts.
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PROCLAMATION - CALIFORNIA RETIRED TEACHERS ASSOCIATION
DAY - APRIL 5, 1994 (2-D)
J. Lorraine Velarde, Executive Assistant to the Mayor, read a
proclamation declaring April 5, 1994, as California Retired
Teachers Association Day in the City of San Bernardino.
Helen Bogatin, President of the California Retired Teachers
Association, San Bernardino Valley Division No. 14, accepted the
proclamation.
PROCLAMATION - SAN BERNARDINO SPIRIT BASEBALL WEEK -
APRIL 3 - 10, 1994 (2-E)
J. Lorraine Velarde, Executive Assistant to the Mayor, read a
proclamation declaring the week of April 3 to April 10, 1994, as
San Bernardino spirit Baseball Week in the City of San Bernardino.
Dr. Charles Terrell, Chairman of the Baseball Committee; Jean
Stephens, President, Judi Thompson, Executive Vice President of the
San Bernardino Area Chamber of Commerce; Dave Elmore and Donna
Tuttle, Co-Owners of the Spirit Baseball Team, Jim Wehmeier,
General Manager and Greg Mahlberg, Team Manager of the Spirit
Baseball Team, accepted the proclamation.
CERTIFICATE OF FRIENDSHIP - NICHOLAS JESUS DIAZ GARRIDO -
COMAN DANTE JEFE & FUERZA AEREA DE ESPANA (2-F)
Council Member Devlin presented Certificates of Friendship to
Nicholas Jesus Diaz Garrido, Comandante Jefe, and Fuerza Aerea de
Espana.
PRESENTATION - PARKS, RECREATION & COMMUNITY SERVICES
DEPARTMENT - WILDWOOD PARK (2-G)
Council Member Oberhelman presented a plaque to Annie Ramos,
Director of Parks, Recreation & Community Services, John Kramer,
Superintendent of Recreation, Ed Yelton, Superintendent of Parks,
and Josh Carter, Senior Recreation Supervisor, for their efforts in
preparing the playing field at Wildwood Park.
APPOINTMENT BRENDA FREDERICK
COMMISSION - COUNCIL MEMBER DEVLIN
HUMAN RELATIONS
(S-2)
In a memorandum dated March 30, 1994, Mayor Minor recommended
the appointment of Brenda Frederick, 1480 W. Edgehill Road, Unit 9,
San Bernardino, CA, to the Human Relations commission, as requested
by Council Member Devlin.
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council Member Oberhelman made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the appointment of
Brenda Frederick to the Human Relations Commission, as requested by
Council Member Devlin, be approved.
ANNOUNCEMENTS - COUNCIL MEMBER CURLIN
(3)
Council Member Curlin stated the first meeting of the San
Bernardino Youth Accountability Board was a success, and invited
interested participants residing in the Second Ward to contact his
office; he announced that the San Bernardino Tobacco Education Task
Force would present recommendations on the proposed smoking
ordinance during a luncheon workshop in the City Hall Annex; and
proposed to implement a youth curfew to curb crime.
ANNOUNCEMENT - COUNCIL MEMBER OBERHELMAN
(3-A)
Council Member Oberhelman stated that he and Council Member
Devlin represented the City of San Bernardino at the Santa Anita
Handicap Opening.
ANNOUNCEMENT - CITY ADMINISTRATOR SHAUNA CLARK
(3-B)
City Administrator Shauna Clark stated that the city is
updating its policy on disaster preparedness and that the Mayor and
Council would be asked to consider the following: whether
nonconforming buildings can be rebuilt at previously approved
density; prioritizing historical buildings; recognize the urgency
that retail stores be operational after a major disaster;
understand that cellular phones would become unavailable during a
disaster; recognize the need for more landfill space; survey City
employees to determine what languages they speak so that the City
can broadcast more efficiently; and whether to establish a separate
shelter for employees' families.
PUBLIC COMMENTS - GARY KIRBY
(4)
Gary Kirby, 1505 Yardley, San Bernardino, CA, objected to the
angle parking on "E" Street; proposed new term limits for City
Council Members; proposed that the San Bernardino Baseball stadium
be built by Miller Brewing Company; and voiced support on the
proposal to buy back the Civic Light Opera building.
PUBLIC COMMENTS - JEFF WRIGHT
(4-A)
Jeff Wright, P. O. 2341, San Bernardino, CA, concurred with
comments made by Gary Kirby; and expressed concern regarding
censorship at the last Council meeting.
COUNCIL MEMBER MILLER EXCUSED
At 9:47 a.m., Council Member Miller left the Council meeting.
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PUBLIC COMMENTS - JOHN STEVENS
(4-B)
John Stevens, 4097 pershing, San Bernardino, CA, voiced
concern relative to radioactive clean-up at Norton Air Force Base.
COUNCIL MEMBER MILLER RETURNED
At 9:51 a.m., Council Member Miller returned to the Council
meeting and took her place at the council table.
PUBLIC COMMENTS - HECTOR LUNA (4-C)
Hector Luna, 1255 Reece Street, San Bernardino, CA, proposed
that the City dedicate a street in honor of Cesar Chavez; expressed
concern regarding the individuals from the Mental Health Department
loitering at villasenor Library; objected to the City amending the
five-minute speaking rule to three-minutes; and commented on blight
within the City.
COUNCIL MINUTES
(6)
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, 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:
February 7, 1994, February 21, 1994, February 22, 1994, March 7,
1994.
ACTION GRANT - $131,142 - PARKS, RECREATION & COMMUNITY
SERVICES - RETIRED SENIOR VOLUNTEER PROGRAM - OCTOBER 1,
1994 TO SEPTEMBER 30, 1997 - AUTHORIZE APPLICATION &
ADMINISTRATION (7-A)
In a memorandum dated March 14, 1994, Annie F. Ramos, Director
of Parks, Recreation & Community Services, stated that the
Department would receive a continuation ACTION grant for the
Retired Senior Volunteer (RSVP) Program for Fiscal Years 1994-95
through 1996-97 in the amount of $43,714 per year for a total of
$131,142.
The RSVP Program has been in operation in the City for
approximately 20 years. The RSVP Program provides volunteers for
work sites throughout the City and surrounding area. Volunteers
work in such places as Goodwill Industries, Center for Individuals
with Disabilities, convalescent hospitals, libraries, City Hall and
other locations. The volunteers currently serve 69 sites
throughout the City and surrounding area.
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the Director of
Parks, Recreation and Community Services Department be authorized
to apply for and administer an ACTION grant in the amount of
$131,142 to continue the Retired Senior Volunteer Program for the
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period of October 1, 1994 through September 30, 1997.
FEDERAL GRANT - $148,202 - HEAD START/PRESCHOOL PROGRAM -
DELMANN HEIGHTS COMMUNITY CENTER - SEPTEMBER 1, 1994 TO
AUGUST 31, 1995 - AUTHORIZE APPLICATION & ADMINISTRATION
(7-B)
In a memorandum dated March 23, 1994, Annie F. Ramos, Director
of Parks, Recreation & Community Services, stated that the Head
Start/Preschool program has been in operation at Delmann Heights
Community Center since 1978. The school began with one class of 15
children and has now grown to four classes of 15 children each.
These 60 children are receiving education and training
opportunities that would not be available to them were it not for
the Delmann Heights Program.
The funding requirements are the same in 1994-95 as they were
in 1993-94. The City in-kind services include thousands of hours
of volunteer work by the parents of the children involved as well
as the hours of staff and use of facilities. The program provides
benefits that far outweigh the costs; therefore, it is recommended
that authorization to apply for funding to continue the program be
approved.
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the Director of
Parks, Recreation and Community Services Department be authorized
to apply for and administer a federal grant in the amount of
$148,202 to continue the Head Start/Preschool Program at the
Delmann Heights Community Center for the period of September 1,
1994 through August 31, 1995.
ITEM DELETED
(10)
(11)
PERSONNEL ACTIONS
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the personnel
actions submitted by the Chief Examiner, dated March 24, 1994, in
accordance with civil Service Rules and Personnel policies adopted
by the Mayor and Common Council of the city of San Bernardino, be
approved and ratified.
RES. 94-76 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER TO HI STANDARD AUTOMOTIVE FOR
THE FURNISHING AND DELIVERY OF LIGHT BARS AND
ACCESSORIES, TO BE UTILIZED BY THE POLICE DEPARTMENT IN
ACCORDANCE WITH BID SPECIFICATION F-94-15. (13)
Council Member Oberhelman made a
Member Hernandez, that further reading
and that said resolution be adopted.
motion, seconded by Council
of the resolution be waived;
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The motion carried, and Resolution No. 94-76 was adopted by
the following vote: Ayes: Council Members Negrete, Curlin,
Hernandez, Oberhelman, Devlin, pope-Ludlam, Miller. Nays: None.
Absent: None.
WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (5)
Jeff Wright, P. O. Box 2341, San Bernardino, CA, requested
that the titles of resolutions and ordinances be read in open
session.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
At 9:56 a.m., Council Member Pope-Ludlam left the Council
meeting.
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, and unanimously carried, that further reading of
all resolutions and ordinances on the regular, supplemental and
Community Development Commission agendas, be waived.
DEPUTY CITY ATTORNEY ROTH EXCUSED
Deputy City Attorney Roth left the Council meeting and was
replaced by Deputy City Attorney Empeno.
TRANSPORTATION MODEL DEVELOPMENT - MAINTENANCE & SERVICE
AGREEMENT - APPROVE IN PRINCIPLE (8)
In a memorandum dated March 23, 1994, Roger Hardgrave,
Director of Public Works/City Engineer, stated that the City has
entered into an agreement with JHK & Associates to develop a
Traffic Forecast Model for the city. After investigation and
contact with six adjacent cities, it was determined that by adding
sufficient detail to the other areas to produce a regional model,
the cost could be reduced rather than having each city prepare its
own model. cities of Redlands, Highland, Grand Terrace, Colton,
Loma Linda and Rialto were contacted to see if they would be
interested in a joint effort. In view of the interest expressed,
an agreement between the six cities and San Bernardino has been
developed. The proposed agreement provides that the City would be
responsible for development of an expanded traffic model to include
the other six cities and that the City operate and maintain the
model at an established hourly fee.
Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired if
the traffic forecast model included the "E" Street diagonal parking
plan.
Discussion ensued relative to the cost of the traffic forecast
model, and the approximate time the model would be fully
operational.
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Roger Hardgrave, Director of Public works/city Engineer,
stated that the agreement is in final form and has been reviewed by
the City Attorney's Office.
Deputy city Attorney Empeno stated that revisions need to be
made to the agreement, and requested that the City Attorney's
Office be directed to prepare the agreement in final form.
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the proposed
agreement with six (6) surrounding cities, relative to development,
operation and maintenance of the East Valley Sub Area Model for
forecasting traffic volumes, be approved in principle, and that the
City Attorney's office be directed to prepare the agreement in
final form and submit to other cities for approval.
COUNCIL MEMBER POPE-LUDLAM RETURNED
At 10:05 a.m., Council Member Pope-Ludlam returned to the
Council meeting and took her place at the council table.
STREET VACATION - PORTION OF OLIVE AVENUE, BETWEEN CABLE
CREEK FLOOD CONTROL CHANNEL & IRVINGTON AVENUE, & PORTION
OF WASHINGTON AVENUE, WESTERLY OF GREGORY AVENUE, LYING
WITHIN TRACT NO. 15407 - AUTHORIZATION TO PROCEED (9)
In a memorandum dated March 21, 1994, Roger Hardgrave,
Director of Public Works/City Engineer, stated that a request has
been received from California Property Fund, to vacate a portion of
Olive Avenue, between the Cable Creek Flood Control Channel and a
proposed new street to be called "Brenda Drive"; and to vacate a
small left-over portion of Washington Avenue on the westerly side
of Gregory Street. Tract No. 15407 would consist of 110
residential lots bounded by Olive Avenue, Brenda Drive, Walnut
Avenue, and Irvington Avenue in the Verdemont area.
In March of 1981, a revised Tract Map for Tract No. 10182 was
approved by the Mayor and Council. The Tract Map showed Olive
Avenue as extending to the Cable Creek Flood Control Channel,
turning and running easterly along the Channel. The new Tentative
Tract No. 15407 shows Olive Avenue as ending approximately 95 feet
northerly of the Channel and running easterly as Brenda Drive,
making the southerly extension of Olive Avenue an un-needed, dead-
end street. The City has no present or future need for the two
portions of streets being proposed for vacation.
Roger Hardgrave, Director of Public Works/City Engineer,
answered questions relative to the fees for street name changes.
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council Member Hernandez made a motion, seconded by Council
Member Devlin, and unanimously carried, that the Director of Public
Works/City Engineer and the city Clerk be authorized to proceed
with the proposed vacation of a portion of Olive Avenue between the
Cable Creek Flood Control Channel and Irvington Avenue, and a
portion of Washington Avenue westerly of Gregory Avenue, lying
within Tentative Tract No. 15407; and that Plan No. 9098 showing
the proposed vacation of a portion of Olive Avenue between the
Cable Creek Flood Control Channel and Irvington Avenue, and a
portion of Washington Avenue, lying within Tentative Tract No.
15407, be approved.
RES. 94-77 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO
AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL
DISTRICT FOR COMPUTER EXAMINATION SCORING SERVICES FOR AN
ADDITIONAL ONE YEAR PERIOD. (12)
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Resolution No. 94-77 was adopted by the following vote: Ayes:
Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin,
Pope-Ludlam, Miller. Nays: None. Absent: None.
RES. 94-78 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN
RON TURLEY ASSOCIATES INC. AND THE PUBLIC SERVICES
DEPARTMENT OF THE CITY OF SAN BERNARDINO. (14)
Jeff Wright, P. o. Box 2341, San Bernardino, CA, requested an
explanation of the proposed agreement.
city Administrator Shauna Clark explained that the purchase of
the fleet management software system would allow the Fleet Division
to more effectively and efficiently manage its resources.
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, that said resolution be adopted.
Resolution No. 94-78 was adopted by the following vote: Ayes:
Council Members Negrete, Curlin, Hernandez, Oberhelman, DeVlin,
Pope-Ludlam, Miller. Nays: None. Absent: None.
RES. 94-79 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART, "A
RESOLUTION . PROHIBITING PARKING UPON CERTAIN
DESIGNATED STREETS OR PORTIONS THEREOF . . .," TO RESERVE
TWENTY-SIX PARKING SPACES FOR THE EXCLUSIVE USE OF CITY
LIBRARY EMPLOYEES AND VOLUNTEERS IN THE EASTERN PARKING
LOT OF THE NORMAN F. FELDHEYM LIBRARY, LOCATED ON THE
SOUTHWEST CORNER OF "E" STREET AND SIXTH STREET. (15)
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Concern was expressed that removal of the 26 parking spaces
would adversely impact parking for the public.
Council Member Hernandez made a motion, seconded by Council
Member Curlin, that said resolution be adopted. (Note: The vote
was taken after discussion.)
John stevens, 4097 Pershing, San Bernardino, CA, suggested
that the open field located next to the Library be used for
employee and volunteer parking.
Jeff wright, P. O. 2341, San Bernardino, CA, objected to the
proposal to reserve twenty-six parking spaces for library employees
and volunteers.
Gary Kirby, 1505 Yardley, San Bernardino, CA, suggested that
the City utilize the empty lot where the Platt Building was located
for employee parking and objected to Library funds being allocated
for this purpose.
Larry Singleton, 26644 Messina, Highland, CA, stated that
parking should be on a first-come first-serve basis.
Resolution No. 94-79 was adopted by the following vote: Ayes:
Council Members Negrete, Curlin, Hernandez, Pope-Ludlam, Miller.
Nays: Council Members Oberhelman, Devlin. Absent: None.
RECESS MEETING
At 10:20 a.m., Mayor Minor declared a five-minute recess.
RECONVENE MEETING
At 10:28 a.m., Mayor Minor reconvened the regular meeting of
the Mayor and Common Council in the Council Chambers of city Hall,
300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by city Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Deputy
City Attorney Empeno, City Clerk Rachel Clark, City Administrator
Shauna Clark. Absent: None.
RES. 94-80 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING COSTS OF ABATEMENTS AND IMPOSING LIENS ON
CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY
OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF
PUBLIC NUISANCES. (BUILDING ABATEMENT) (16)
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, that said resolution be adopted. (Note: The vote
was taken after discussion.)
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Jeff Wright, P. O. Box 2341, San Bernardino, CA, objected to
the imposition of building abatement liens.
It was the consensus of the Council that the property located
at 435 E. 13th/1299 Stoddard Street be corrected to read 435 W.
13th/1299 Stoddard Street, in Exhibit "A" of the resolution.
Resolution No. 94-80 was adopted by the following vote: Ayes:
Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin,
Pope-Ludlam, Miller. Nays: None. Absent: None.
RES. 94-81 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND
IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN
THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE
ABATEMENT. (WEED ABATEMENT) (17)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that said resolution be adopted.
city Administrator Shauna Clark explained that the liens are
for unpaid weed abatements.
Larry Singleton, 26644 Messina, Highland, CA, voiced objection
to the City'S property maintenance standards.
Resolution No. 94-81 was adopted by the following vote: Ayes:
Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin,
Pope-Ludlam, Miller. Nays: None. Absent: None.
RES. 94-82 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ESTABLISHING THE ANNUAL GROSS LOW INCOME LEVELS FOR THE
SERVICE USERS TAX. (18)
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Jeff Wright, P. o. Box 2341, San Bernardino, CA, voiced
concern that the Mayor and Council should first conduct a public
hearing on this matter.
Resolution No. 94-82 was adopted by the following vote: Ayes:
Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin,
Pope-Ludlam, Miller. Nays: None. Absent: None.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AMENDING RESOLUTION NO. 94-46 RELATING TO
THE LENGTH OF TIME FOR PUBLIC COMMENTS ON ITEMS BOTH ON
AND NOT ON THE AGENDA PURSUANT TO THE RALPH M. BROWN ACT.
(19)
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council Member Curlin made a motion, seconded by Council
Member Hernandez, that the Mayor and Council amend its prior action
regarding public comments related to items on the Council agenda
from three minutes per person per item, with the possibility of
two-minute extensions granted at the Council's sole discretion to
one two-minute extension per person per meeting to be exercised at
the sole option of the speaker; and that said resolution be
adopted. (Note: There was no vote taken.)
Discussion ensued relative to referring the matter back to the
Legislative Review committee to consider the length of time for
public comments on items that are pulled from the consent calendar.
Council Member Devlin made a substitute motion, seconded by
Council Member Oberhelman, that the matter be referred to the
Legislative Review Committee.
The substitute motion carried by the following vote:
Council Members Oberhelman, Devlin, Pope-Ludlam, Miller.
Council Members Negrete, Curlin, Hernandez. Absent: None.
Ayes:
Nays:
RES. 94-83 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH C M
ENGINEERING ASSOCIATES, INC. RELATING TO THE PROVISION OF
PROFESSIONAL DESIGN SERVICES FOR PHASE III OF THE
NORTHWEST INTERCEPTOR SEWER. (See related Item No. 26-
A) (20-A)
RES. 94-84 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HOLMES &
NARVER RELATING TO THE PROVISION OF PROFESSIONAL DESIGN
SERVICES FOR PHASE IV OF THE NORTHWEST INTERCEPTOR SEWER.
(See related Item No. 26-B) (2o-B)
RES. 94-85 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LUDWIG
ENGINEERING RELATING TO THE PROVISION OF PROFESSIONAL
DESIGN SERVICES FOR THE NORTHWEST INTERCEPTOR SEWER.
(Continued from March 21, 1994) (See related Item No. 20-
A) (26-A)
RES. 94-86 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BONADIMAN
ENGINEERS, INC. RELATING TO THE PROVISION OF PROFESSIONAL
DESIGN SERVICES FOR THE NORTHWEST INTERCEPTOR SEWER.
(continued from Karch 21, 1994) (See related Item No. 20-
B) (26-B)
Council Member Hernandez made a motion, seconded by Council
Member Miller, that said resolutions be adopted.
14
4/4/94
Roger Hardgrave, Director of Public Works/City Engineer,
answered questions relative to the funds allocated to finance the
Northwest interceptor sewer project.
Resolution Nos. 94-83, 94-84, 94-85, and 94-86 were adopted by
the following vote: Ayes: Council Members Negrete, Curlin,
Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None.
Absent: None.
RES. 94-87 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ADOPTING THE 1993/94 TO 1997/98 CAPITAL IMPROVEMENT
PROGRAM. (21)
Council Member Hernandez made a motion, seconded by Council
Member Negrete, that said resolution be adopted.
Jeff Wright, P. o. Box 2341, San Bernardino, CA, questioned
why the capital Improvement Plan was being adopted as there would
probably be changes made.
Discussion ensued relative to a review of the proposed Capital
Improvement Program during the annual budget review and the
enactment of Assembly Bill 1600 which provides that a local agency
must have an adopted capital improvement program in order to
collect development fees.
Resolution No. 94-87 was adopted by the following vote:
Council Members Negrete, curlin, Hernandez, Oberhelman,
Pope-Ludlam, Miller. Nays: None. Absent: None.
Ayes:
Devlin,
RES. 94-88 - RESOLUTION OF THE CITY OF SAN BERNARDINO
PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE EXTENSION OF ASSESSMENT DISTRICT
NO. 994 TO PAY FOR THE COST OF EXISTING AUTHORIZED
MAINTENANCE AND OPERATIONS WHICH INCLUDE STREET SWEEPING
AND STREET LIGHTING AND OF PROPOSED MAINTENANCE AND
OPERATIONS WHICH INCLUDE GRAFFITI REMOVAL AND TRAFFIC
SIGNAL MAINTENANCE, DECLARING ITS INTENTION TO PROCEED TO
ORDER SUCH MAINTENANCE AND OPERATIONS AND LEVY
ASSESSMENTS WITHIN THE DISTRICT, AND SETTING AND
DIRECTING PUBLICATION OF A NOTICE OF A TIME AND DATE OF
PUBLIC HEARINGS. (22)
Council Member Pope-Ludlam made a motion, seconded by Council
Member Miller, that said resolution be adopted. (Note: The vote
was taken after discussion.)
Jeff Wright, P. O. Box 2341,
concern relative to the proposed
Assessment District No. 994.
San Bernardino, CA, voiced
expansion and extension of
15
4/4/94
Discussion was held relative to conducting public hearings on
the proposed city-wide extension and expansion of services for
Assessment District No. 994.
City Administrator Shauna Clark stated that the public
hearings are scheduled for June 8, and June 22, 1994, at sturges
Auditorium, 780 North "E" street, San Bernardino, California.
Discussion continued relative to changing the annual gross
income levels to be consistent with the u.s. Department of Housing
and Urban Development (HUD) standards for low income. It was
recommended that section 9 of the resolution be amended to change
the low-income level from $12,000 to $14,400 for one person, from
$15,000 to $16,450 for a household of two persons to allow more
households to be eligible for service users tax refunds or
exemptions.
Council Member Pope-Ludlam amended her motion, and Council
Member Miller seconded, that said resolution be adopted by
interlineation to amend section 9 to change the low-income levels
for service users tax (utility tax) from $12,000 to $14,400, from
$15,000 to $16,450; and that said resolution be adopted as amended.
The motion carried, and Resolution No. 94-88 was adopted by
the following vote: Ayes: Council Members Negrete, Curlin,
Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None.
Absent: None.
RES. 94-89 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A LICENSE AND AGREEMENT WITH
ARCO PRODUCTS COMPANY RELATING TO RELOCATION OF AN
EXISTING MONUMENT SIGN IN AN EXISTING CITY SEWER EASEMENT
AT THE NORTHWEST CORNER OF HALLMARK PARKWAY AND
UNIVERSITY PARKWAY. (23)
Council Member Hernandez made a motion, seconded by Council
Member Miller, that said resolution be adopted.
Discussion ensued relative to granting permission to Arco
Products Company to erect a monument sign on a portion of the
City'S sewer easement.
Resolution No. 94-89 was adopted by the following vote: Ayes:
Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin,
Pope-Ludlam, Miller. Nays: None. Absent: None.
PUBLIC HEARING ASSESSMENT DISTRICT NO.
CONFIRMING AMENDED ASSESSMENT
961-R -
(24)
This is the time and place set for a public hearing to confirm
the amended assessments in Assessment District No. 961-R, for the
acquisition of offsite improvements in the Park Centre area.
16 4/4/94
In a memorandum dated March 14, 1994, Roger Hardgrave,
Director of Public Works/City Engineer, stated that the property
owners have split parcels in the Park Centre area, Assessment
District No. 961-R, which requires reapportionment of the pertinent
assessments. No requests for reapportionment of the existing
assessments were received from the owners whose parcels were split.
Therefore, city action is required in order to collect the fees and
recoup the costs relative to the reapportionment of the
assessments. The respective owners were notified on March 9, 1994
of the hearing and time when the costs and fees are to be paid to
the city. If the costs are not paid, the costs would appear on the
next regularly scheduled tax bill for the properties involved.
Mayor Minor opened the hearing.
Discussion ensued relative to the reapportionment of the
existing assessments.
RES. 94-90 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE AMENDED ASSESSMENTS AND DIRECTING ACTIONS
WITH RESPECT THERETO. ASSESSMENT DISTRICT NO. 961-R.
(24)
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the protests, if
any, be overruled, and that the hearing be closed.
Council Member Oberhelman made a motion, seconded by council
Member Hernandez, that the Mayor and Common Council find and
determine that the public interest, convenience and necessity
require the amended reassessment in Assessment District No. 961-R;
and that said resolution be adopted.
The motion carried, and Resolution No. 94-90 was adopted by
the following vote: Ayes: Council Members Negrete, Curlin,
Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None.
Absent: None.
COUNCIL MEMBER CURLIN EXCUSED
At 11: 13 a. m., Council Member Curlin left the Council meeting.
PUBLIC HEARING - APPROVE SCHEDULE OF CHARGES FOR THE SALE
OF MATERIALS AND SERVICES - CEMETERY DEPARTMENT (25)
This is the time and place set for a public hearing to
consider a resolution approving a schedule of charges for the sale
of materials and services by the Cemetery Department.
In a memorandum dated March 14, 1994, Dan Ustation, Cemetery
Superintendent, stated that the proposed rate increase would
generate an additional $45,000 in revenue. On February 28, 1994,
the cemetery Department conducted a survey of burial fees and
17
4/4/94
services of privately owned and municipal cemeteries in the area.
The current fees at other cemeteries for their least expensive
interment are as follows: Mt. View $1,755.93; Montecito $1,755.93;
Green Acres $1,772.48; Hillside $1,894.91; Hermosa $1,117.44;
Rialto $968.11; and pioneer $1,262.05.
Mayor Minor opened the hearing.
RES. 94-91 - RESOLUTION OF THE CITY OF SAN BERNARDINO
APPROVING A SCHEDULE OF CHARGES FOR THE SALE OF MATERIALS
AND SERVICES BY THE CEMETERY COMMISSION OF SAID CITY; AND
REPEALING RESOLUTION NO. 92-140 AND ALL SUBSEQUENT
AMENDMENTS THERETO. (25)
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the public hearing
be closed.
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Resolution No. 94-91 was adopted by the following vote: Ayes:
Council Members Negrete, Hernandez, Oberhelman, Devlin, Pope-
Ludlam, Miller. Nays: None. Absent: Council Member Curlin.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SUBSECTION E OF SECTION 8.90.050 OF THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO THE OFFERING OF LONG TERM OR
SHORT TERM LEASES BY THE OWNERS OR OPERATORS OF MOBILE
HOME PARKS. (Discussed later in the meeting) (See page
37) First (27)
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, that said ordinance be laid over for final
adoption. (Note: There was no vote taken.)
Clay Hage, President of the Western Mobilehome Association
Inland Empire Branch, 21464 Marston Court, Moreno Valley, CA,
expressed opposition because the language in the proposed ordinance
was ambiguous.
Deputy city Attorney Empeno stated that the City Attorney's
Office has approved the ordinance.
John Stubblefield, 2258 Bradford Avenue, Highland, CA, voiced
concern relative to ambiguities in the proposed ordinance.
Concern was expressed that the Spanish version of the
disclosure notice to prospective mobile home park tenants contained
errors and needed to be revised.
18
4/4/94
COUNCIL MEMBER CURLIN RETURNED
At 11:23 a.m., Council Member Curlin returned to the Council
meeting and took his place at the council table.
It was the consensus of the Mayor and Council that the matter
be continued to later in the meeting.
MAINTENANCE PAINTING & CUSTODIAL SERVICES CITY
FACILITIES - AUTHORIZATION TO ADVERTISE FOR BIDS (28)
In a memorandum dated March 24, 1994, Fred Wilson, Assistant
City Administrator, stated that as part of the FY 93/94 budget
review, a number of options were presented to the Mayor and Council
relative to balancing the budget. One of those options involved
exploring the issue of privatization of City services where
competitive markets exist. This recommendation was made with the
understanding that privatization would be accomplished through
attrition and would not involve layoffs. pilot projects currently
underway include park maintenance services, tree trimming services,
water treatment and filter replacement maintenance services for the
heating and air conditioning equipment at various City locations.
The next pilot programs recommended for privatization are
maintenance painting and custodial services for City buildings.
Maintenance painting was selected for privatization because there
is a competitive market, the City has successfully used contract
maintenance services in this area in the past, and there is a
vacant Maintenance Painter position which is budgeted at an annual
cost of $32,000 annually. It is estimated that maintenance
painting could be contracted at an annual cost of approximately
$28,800. Custodial services were selected for privatization
because the City has used part-time custodians in the past to
accomplish this work, there are a number of vacancies in part-time
custodians that would cover the cost of the contract. It is
estimated that custodial services could be contracted at an annual
cost of approximately $29,000, which compares to an annual cost of
approximately $34,000 to hire part-time custodians. Since these
contracts are for pilot projects, they would be monitored for
contract compliance, and an evaluation would be made at the end of
the contract period.
Council Member Miller made a motion, seconded by Council
Member Devlin, that the PurChasing Agent be authorized to advertise
for bids for maintenance painting services for all City facilities
and for custodial services at nine City buildings; and that the
city Administrator be authorized to transfer funding in the amount
equal to the recommended low bid for maintenance painting services
at all City facilities and custodial services for nine City
buildings from Facilities Maintenance regular salaries to
contractual services. (Note: There was no vote taken.)
19
4/4/94
Fred Wilson, Assistant City Administrator, answered questions
regarding the proposed painting and custodial services.
Discussion was held relative to privatization of maintenance
and custodial services and whether the Davis Bacon Act would apply.
council Member Oberhelman made a substitute motion, seconded
by Council Member Curlin, and unanimously carried, that the matter
be continued to April 18, 1994, in the Council Chambers of City
Hall, 300 North "D" street, San Bernardino, California.
WAIVE FEES - $15,503 - CINCO DE MAYO CELEBRATION - MAY 6
- 8, 1994 - INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE -
DISCUSSED LATER IN THE MEETING - SEE PAGES 34 & 36 (29)
In a memorandum dated March 28, 1994, Shauna Clark, City
Administrator, stated that the Inland Empire Hispanic Chamber of
Commerce is requesting a waiver of fees for all personnel, labor
and equipment costs associated with their Cinco de Mayo celebration
scheduled for May 6 to 8, 1994. The approximate cost is $15,503.
Through a policy approved years ago, the Council delegated the
review of civic and promotion funding requests to the Ways and
Means Committee. On December 8, 1993, the committee reviewed all
requests for funding, granting some but suspending their decision
on the application from the Inland Empire Hispanic Chamber of
Commerce for its Cinco de Mayo celebration pending receipt of an
accounting of funding approved the previous fiscal year for the
Miss Hispanic San Bernardino Pageant.
On March 9, 1994, the Ways and Means Committee recommended
denial of the Chamber's request for $5,000 for direct costs and an
additional $15,503 in city services for its cinco de Mayo
celebration. The denial was based on the Chamber's failure to meet
a 30 day time frame to account for pageant funding, despite an
agreement signed by the Chamber as security for the funding; and
despite several follow-up letters which indicated that failure to
account for funding would jeopardize any future funding requests.
Subsequent to the denial by the Ways and Means committee, the
Inland Empire Hispanic Chamber of Commerce submitted a letter to
account for the 1993 funding, but did not include any receipts or
canceled checks.
In a letter dated March 16, 1994, Alfredo Enciso, Treasurer,
Fiesta Chairperson, Inland Empire Hispanic Chamber of Commerce, P.
O. Box 7300, San Bernardino, CA, requested the use of Plaza Park to
celebrate cinco de Mayo Fiesta on May 7 & 8th, 1994. The request
includes the sale of beer, closure of 7th Street between Mt. Vernon
and the alley in back of the shopping center at the north side of
the park, 20 tables, 20 trash cans, a large roll off trash unit,
and a waiver of fees.
20
4/4/94
In a letter dated March 18, 1994, John Olivas, president,
Inland Empire Hispanic Chamber of Commerce, P. O. Box 7300, San
Bernardino, CA, requested that the Mayor and Council reconsider
their request for funds for the Cinco de Mayo and 16th of September
events, and explained the events surrounding the late response to
the City's request for an accounting of past civic and promotional
funds.
Discussion ensued relative to available civic and promotional
funds.
city Administrator Shauna Clark provided background
information, and recommended that the Mayor and Council deny the
request for funds.
Alfredo Enciso, Inland Empire Hispanic Chamber of Commerce,
578 N. Herrington, San Bernardino, CA, answered questions relative
to the accountability of funds for the Cinco de Mayo event held in
May, 1993.
MAYOR MINOR EXCUSED
At 11:56 a.m., Mayor Minor left the Council meeting and the
duties of Mayor were assumed by Mayor Pro Tem Oberhelman.
COUNCIL MEMBER CURLIN EXCUSED
At 11:58 a.m., Council Member Curlin left the Council meeting.
Council Member Hernandez made a motion, seconded by Council
Member Negrete, that the matter be continued to later in the
meeting.
The motion carried by the following vote: Ayes: Council
Members Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays:
None. Abstain: Council Member Negrete. Absent: Council Member
Curlin.
RECESS MEETING
At 12:00 p.m., the regular meeting of the Mayor and Common
Council recessed to a luncheon workshop, city Hall Annex, Economic
Development Agency Board Room, to discuss recommendations from the
city Tobacco 'Education Task Force relative to the City's non-
smoking ordinance.
RECONVENE MEETING
At 12:28 p.m., Council Member Curlin called the luncheon
workshop to order in the Economic Development Agency Board Room,
city Hall Annex, 201 North "E" street, San Bernardino, California.
21
4/4/94
ROLL CALL
Roll call was taken by city Clerk Rachel Clark with the
following being present: Mayor Pro Tem Pope-Ludlam; Council
Members Negrete, Curlin, Pope-Ludlam; Deputy city Attorney Empeno,
City Clerk Rachel Clark, City Administrator Shauna Clark. Absent:
Mayor Minor; Council Members Hernandez, Oberhelman, Devlin, Miller.
Also present: Fred Wilson, Assistant city Administrator.
ANNOUNCEMENT BY MAYOR PRO TEM POPE-LUDLAM - LACK OF A
QUORUM
Mayor Pro Tem Pope-Ludlam announced that due to the lack of a
quorum, the luncheon workshop would proceed informally for
discussion purposes only.
CITY TOBACCO EDUCATION TASK FORCE - CITY'S NON-SMOKING
ORDINANCE (32)
Council Member Curlin introduced the following members of the
San Bernardino city Tobacco Control Ordinance Task Force:
Salvatore Catalano, Dan Stark, Dr. Elizabeth Klonoff, Abigail Ryan,
Sam Cox, Carolyn Williams, Tony Trozera, Timothy Prince, and Dr.
James Cheeley.
The following documentation was distributed during the
luncheon workshop: The Effect of Ordinances Requiring Smokefree
Restaurants on Restaurant Sales, January 1994 Update, prepared by
Stanton A. Glantz, PhD, and Lisa R. A. Smith, BA, Institute for
Health Policy Studies, Department of Medicine, University of
California, San Francisco, San Francisco, CA; and San Bernardino
Ordinance Task Force Proposed Changes to Existing Ordinance.
Dr. Fred Edwards, San Bernardino County Public Health
Department, provided statistical data relative to San Bernardino
County residents who use tobacco products and described the health
related problems attributed to smoking.
Tim Prince, member of the San Bernardino Tobacco Education
Task Force, explained the proposed changes to the City's existing
non-smoking ordinance.
COUNCIL MEMBER NEGRETE EXCUSED
At 1:04 p.m., Council Member Negrete left the luncheon
workshop.
There was no action taken during the luncheon workshop.
RECESS LUNCHEON WORKSHOP
At 1:42 p.m., the luncheon workshop recessed to 2:00 p.m., in
the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
22
4/4/94
RECONVENE MEETING
At 2:02 p.m., Mayor Minor reconvened the regular meeting of
the Mayor and Common Council in the Council Chambers of City Hall,
300 North "D" street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Deputy
City Attorney Empeno, City Clerk Rachel Clark, City Administrator
Shauna Clark. Absent: None.
APPEAL - PLANNING COMMISSION'S APPROVAL - TENTATIVE TRACT
NO. 15494 & CONDITIONAL USE PERMIT NO. 92-34 - PROPOSAL
TO SUBDIVIDE 10.4 ACRES INTO EIGHT LOTS & CONSTRUCT SEVEN
SINGLE-FAMILY RESIDENCES - EASTERLY SIDE OF GRANDE VISTA
AVENUE, SOUTH OF EDGEMONT DRIVE - CONTINUED FROM JANUARY
24, 1994 (33)
This is the time and place continued to for an appeal of the
Planning Commission's approval of Tentative Tract No. 15494 and
Conditional Use Permit No. 92-34, a proposal to subdivide 10.4
acres into eight lots and to construct seven single-family dwelling
units on seven of the eight lots located on the easterly side of
Grande vista Avenue, 300 feet south of Edgemont Drive.
In a memorandum dated March 29, 1994, Al Boughey, Director of
Planning & Building Services, stated that the applicant has been
working with adjacent property owners who wish to maintain rear
access to their properties which front on Marshall Boulevard. The
applicant would provide a 16 foot easement to the property owner of
the parcels located east of and adjacent to Lot 8. Because the 16
foot access easement would be separated from the proposed dwelling
unit by only 4 feet, staff has stipulated that a six foot block
wall be constructed as a protective measure. The six foot block
wall would be placed 15 feet north of the southern property line
for Lot 8, within the easement. The shifting of the dwelling unit
footprints resulted in an encroachment into the 50 foot "wet zone"
required by the Foothill Fire Zones Overlay District. In return
for the 16 foot access easement, the adjacent property owner to the
east has agreed to provide a 25 foot easement to the project
proponent for use as part of the required "wet zone". The 25 foot
wide easement is proposed to be located parallel and adjacent to
the east property line for Lots 6 through 8. The Planning
Commission approved the mitigated negative declaration and approved
the mitigation monitoring/reporting program; and approved Tentative
Tract No. 15494 and Conditional Use Permit No. 92-34 subject to the
conditions of approval, and standard requirements.
Mayor Minor opened the hearing.
23
4/4/94
Al Boughey, Director of Planning and Building Services,
provided background information, and recommended that the Planning
Commission's recommendations be upheld.
Roy Bowman, 1204 West Marshall, San Bernardino, CA, spoke in
favor of the project.
Don Sheets, 1164 West Marshall Boulevard, San Bernardino, CA,
expressed opposition to the project, and submitted a letter to the
City Clerk stating his opposition.
Warner Hodgdon, P.O. Box 2146, Arrowhead Springs, San
Bernardino, CA, stated that he acquired the property when he was
twenty-three years old. According to Mr. Hodgdon the parcel has
been lying dormant for many years and expressed concern over
possible inundation in very bad weather.
Jeff Wright, P. O. Box 2341, San Bernardino,
objection to the proposed project, and stated that
unsuitable for such a project.
CA, voiced
the land is
Julius George, 1180 West Marshall Boulevard, San Bernardino,
CA, expressed concern relative to the fires and floods that have
occurred in this area.
Planning Director Boughey explained that the Fire Department
has been involved in the Development Review Committee process and
potential threats to fire in the area have been mitigated.
Discussion was held relative to hillside development.
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the hearing be
closed; and that the Mayor and Common Council uphold the Planning
Commission's decision to adopt the mitigated negative declaration
and approve the mitigation monitoring/reporting program, and
approve Tentative Tract No. 15494 and Conditional Use Permit No.
92-34, based on the findings of fact and subject to the conditions
of approval, ,added condi tions of approval and standard
requirements.
PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 93-11 -
REVISE WALL SIGN STANDARDS FOR SINGLE & MULTI-TENANT
CENTERS - CITYWIDE (34)
This is the time and place set for a public hearing to
consider Development Code Amendment No. 93-11 to revise wall sign
standards in the CG, Commercial General, CR, Commercial Regional,
and CH, Commercial Heavy land use designations.
In a memorandum dated March 17, 1994, Al Boughey, Director of
Planning and Building services, stated that Development Code
24
4/4/94
Amendment No. 93-11 would add provisions to address tenant spaces
of 15,000 square feet or larger, wi th a minimum tenant space
building frontage of 100 linear feet. The change would allow a
sign area calculation for a business identification wall sign to be
75% of the linear footage, allow up to four informational signs
calculated as part of the total sign area, and increases the number
of business identification wall signs a tenant is allowed from two
to three in a multi-tenant center citywide.
Concerns have been raised regarding the limitations of signage
for large, anchor tenants, and about restricting pad tenants, stand
alone buildings, in a multi-tenant center to a maximum of two wall
signs. Development Code Amendment No. 93-11 is consistent with the
General Plan to allow for consideration of signs of visually
distinctive design and merit which may differ from prescribed
limits of size, materials, and other characteristics, provided that
they are integrated with the building and site, do not adversely
impact adjacent uses, and are not intended solely to increase sign
size. The Planning commission recommended approval of Development
Code Amendment No. 93-11 based on the findings of facts.
Mayor Minor opened the hearing.
Al Boughey, Director of Planning and Building Services,
presented background information, and explained the signage needs
for large tenants in commercial centers.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 19.22, SECTION 19.22.030, TABLE 022.01(C) (1), AND
TABLE 022.01(C) (3) OF THE SAN BERNARDINO MUNICIPAL CODE
(DEVELOPMENT CODE) PERTAINING TO SIGN REGULATIONS.
First (34)
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 Hernandez, and unanimously carried, that said ordinance be
laid over for final adoption.
PUBLIC HEARING - DEVELOPMENT CODE
AMEND PROVISIONS PERTAINING TO
STUBBLEFIELD CONSTRUCTION COMPANY
AMENDMENT NO. 93-05 -
SECONDARY ACCESS
(35)
This is the time and place set for a public hearing to
consider Development Code Amendment No. 93-05, a request to amend
the provisions pertaining to secondary access.
In a memorandum dated March 17, 1994, Al Boughey, Director of
Planning & Building Services, stated that the applicant,
Stubblefield Construction Company, has requested that the city
25
4/4/94
amend the Development Code's sUbdivision regulations to include
provisions that would exempt certain new subdivisions from the
requirement to provide two standard access routes. staff has
drafted Development Code Amendment No. 93-05 to revise sections
19.30.200(6) and 19.72.030 to set a criteria that could be used by
the City to consider the approval of subdivisions which cannot
feasibly provide two standard access routes.
The criteria of the proposed amendment would evaluate whether
a tentative map could be exempt from providing two standard means
of access, if the Fire Chief, Planning Director and City Engineer
find that there is no feasible alternative to providing two
standard access routes; a second standard access route is not
necessary to ensure orderly circulation; a second such route is not
essential for the protection of the public health, safety and
welfare in the event of a flood, fire or other emergency; if a
tentative map is located within a Foothill Fire Zone, and the
necessary findings can be made the map must provide nonstandard
secondary access to accommodate emergency vehicles in accordance
with the minimum width and load requirements of Article 10 of the
Uniform Fire Code; a nonstandard access route is an access road
that does not meet one or both of the criteria stated; all
habitable structures subsequently built shall be provided with
interior automatic sprinklers; and upon the recommendation of the
Planning Commission, the Mayor and Council shall approve or deny
the request for the exemption. On August 26, 1993, the
Environmental Review Committee reviewed the Initial study and
recommended a negative declaration. The Planning commission, at
its meeting of February 8, 1994, recommended adoption of
Development Code Amendment No. 93-05.
Mayor Minor opened the hearing.
Warner Hodgdon, Heart Bar Ranch, Arrowhead Springs, P.O. Box
2146, San Bernardino, CA, submitted to the City Clerk letters dated
February 8, 18, and 20, 1994 and April 4, 1994; and a Report
regarding the city Creek Scenic Highway Improvements. He expressed
opposition to permitting substandard infrastructure to be built at
this location.
Al Boughey, Director of Planning & Building services, provided
background information, and explained that the proposed ordinance
includes provisions that would exempt subdivisions with unique
access constraints from the requirement to provide two standard
routes of ingress and egress and would allow the applicant to apply
for a variance.
Jeff Wright, P. O. Box 2341, San Bernardino, CA, voiced
opposition to Development Code Amendment No. 93-05.
26
4/4/94
Mark Ostoich, Gresham, varner, savage, Nolan & Tilden, 600
North Arrowhead, suite #200, San Bernardino, CA, spoke in support
of the amended provisions pertaining to secondary access.
James Dunn, 28695 Arroyo Vista, Highland, CA, expressed
opposition to Development Code Amendment No. 93-05.
Tom Dodson, Tom Dodson & Associates, 444 North Arrowhead
Avenue, Suite #203, San Bernardino, CA 92401, stated that he was
instrumental in assisting staff with preparing the environmental
impact reports and related documentation.
Deputy city Attorney Empeno stated that the proposed amendment
to the Development Code has been approved as to legal form and
content.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
19.30.200 (6) AND 19.72.030 OF THE SAN BERNARDINO
MUNICIPAL CODE ("DEVELOPMENT CODE") TO INCLUDE PROVISIONS
FOR THE EXEMPTION OF NEW SUBDIVISIONS WITH UNIQUE ACCESS
CONSTRAINTS FROM THE REQUIREMENT TO PROVIDE TWO (2)
STANDARD ROUTES OF INGRESS AND EGRESS. First (35)
Council Member Pope-Ludlam made, a motion, seconded by Council
Member Curlin, and unanimously carried, that the hearing be closed.
Council Member Pope-Ludlam made a motion, seconded by Council
Member Hernandez, that the Mayor and Common Council adopt the
negative declaration; and that said ordinance, which adopts and
approves Development Code Amendment No. 93-05, be laid over for
final adoption.
Discussion ensued relative to public safety issues and full-
standards versus substandard routes of access.
The motion carried by the following vote: Ayes:
Members Negrete, Curlin, Hernandez, Pope-Ludlam, Miller.
Council Members Oberhelman, Devlin. Absent: None.
Council
Nays:
PUBLIC HEARING DEVELOPMENT AGREEMENT NO. 93-01 &
VARIANCE NO. 93-07 - EAST SIDE OF STATE ROUTE 330, NORTH
OF HIGHLAND AVENUE - STUBBLEFIELD ACCESS AGREEMENT (36)
This is the time and place set for a public hearing to
consider Development Agreement No. 93-01 and Variance No. 93-07, on
approximately 20 acres located on the east side of State Route 330,
approximately 1,300 feet north of Highland Avenue, in the RS,
Residential Suburban, land use designation.
In a memorandum dated March 17, 1994, Al Boughey, Director of
Planning and Building Services, stated that the applicant,
Stubblefield Construction Company, requested that an agreement be
27
4/4/94
entered into, between the city and stubblefield Construction
Company, to establish and vest the ownership, use and maintenance
responsibilities of a primary access road, a non-standard secondary
access route, and the use of a pipe arch culvert as an emergency
access route and equestrian trail.
The proposed development agreement describes the improvements
that the developer would be obligated to complete at the time the
property is developed. The developer would be required to improve
the east frontage road to a paved width of 32 feet and install
curbs, gutters and street lights and other customary improvements
in accordance with City street improvement standards; grade the
secondary access road to a width of 20 feet with proper drainage,
and install an all-weather surfacing of slag or an asphaltic base;
and grade the bank at the westerly terminus of the pipe arch
culvert to improve the turning radius for westbound vehicles. At
its meeting of February 8, 1994, the Planning Commission
recommended approval of Variance No. 93-07 and Development
Agreement No. 93-01.
Mayor Minor opened the hearing.
Al Boughey, Director of Planning and Building Services,
presented background information.
Deputy City Attorney Empeno explained why the City Attorney's
Office did not approve proposed Development Agreement No. 93-01.
Discussion ensued relative to the terms of the agreement and
the proposal to automatically extend the terms of the agreement to
a date which is 99 years after the date of the recordation of the
parcel map or subdivision map.
Jeff Wright, P. O. Box 2341, San Bernardino, CA, voiced
objection to the terms of the agreement.
Council Member Curlin made a motion, that the matter be
continued for 30 days.
The motion failed for lack of a second.
Mark Ostoich, Gresham, Varner, savage, Nolan & Tilden, 600
North Arrowhead Avenue, suite #300, San Bernardino, CA, answered
questions relative to the land use designation, the vested rights
of property owners for use of the road, and the terms for extending
the development after the recording the parcel or subdivision map.
city Administrator Shauna Clark spoke relative to alleged
illegal grading on the Stubblefield property.
Mr. Hodgdon answered questions regarding the cost to install
an underpass at Route 330.
28
4/4/94
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF DEVELOPMENT AGREEMENT NO. 93-01. (36)
Council Member Hernandez made a motion, seconded by Council
Member Negrete, that the matter be continued to May 2, 1994, in the
Council Chambers of City Hall, 300 North liD" Street, San
Bernardino, California.
Council Member Negrete withdrew his second.
The motion failed for lack of a second.
Council Member Hernandez made a motion, seconded by Council
Member Negrete, and unanimously carried, that the matter be
continued to May 2, 1994, in the Council Chambers of City Hall, 300
North liD" Street, San Bernardino, California.
RECESS MEETING
At 4:10 p.m., Mayor Minor declared a five-minute recess.
RECONVENE MEETING
At 4:18 p.m., Mayor Minor reconvened the regular meeting of
the Mayor and Common Council in the council Chambers of city Hall,
300 North liD" 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; Senior
Assistant City Attorney Barlow, City Clerk Rachel Clark, City
Administrator Shauna Clark. Absent: Council Member Curlin.
COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING
At 4:18 p.m., Chairman Minor called the regular meeting of the
community Development Commission to order in the Council Chambers
of city Hall, 300 North "D" Street, San Bernardino, California.
FY 1994/95 COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDING CYCLE
(CDBG)
(R-6)
In a memorandum dated March 30, 1994, Kenneth J. Henderson,
Executive Director, Development Department, Economic Development
Agency, stated that on March 7, 1994, the Mayor and Common Council
approved the Community Development Block Grant (CDBG) Program Mix
as recommended by the Community Development citizen Advisory
Committee and authorized staff to solicit proposals. The program
objectives have been developed in an effort to maximize the use of
Communi ty Development Block Grant (CDBG) funds. The program
objectives, when appropriate, encourage the utilization of CDBG
funds to carry out capital improvements and infrastructure projects
in redevelopment project areas, which are categorized by blight,
including inadequate public facilities and infrastructure;
29
4/4/94
encourage the development of proposals which complement existing
and future projects for maximum benefit to the community; fund
public service activities which would result in an increased level
of service for an organization; and encourage community based
organizations to develop joint projects which consolidate
activities and maximize community resources.
During the proposal solicitation period commencing February 8,
1994 and ending on March 22, 1994, 110 proposals requesting CDBG
assistance were received. The Community Development Citizen
Advisory committee, over the next several weeks, would conduct
meetings evaluating the applications received, and a hearing is
scheduled for the first Council meeting in May.
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the Mayor and
Common Council receive and file the staff report dated March 30,
1994, submitted in connection with the FY 94/95 CDBG Funding Cycle.
LOCAL BID PREFERENCE
(R-12)
In a memorandum dated March 30, 1994, Kenneth J. Henderson,
Executive Director, Development Department, Economic Development
Agency, stated that on February 21, 1994, the Mayor and Common
Council and the Community Development Commission considered the
matter, but took no action at that time.
On January 10, 1994, the Mayor and Common Council directed
city staff to analyze two draft ordinances that provided a local
preference and resulting financial advantage for local bidders
competing for city contracts regarding the purchase of supplies,
materials, equipment, services and public works projects. city
staff prepared an analysis outlining its conclusion. The City has
determined that the two draft ordinances would be ill advised and
unworkable because of the difficulty in administering the
ordinance; an inability to monitor or verify compliance; the high
probability of legal barriers to impose a local preference on
public works projects because the state of California is the source
of such projects; unreliability of vendor self-certifications as
being local businesses; unrealistic, six and eight percent, local
bidder preference; a conflicting responsibility to the public to
seek the lowest responsible bid and be fiscally prudent and a
potential backlash from other cities that could trigger similar
local bidder preferences which would freeze out San Bernardino
merchants and ultimately lower the City's sales taxes.
Staff has determined that if the Mayor and council desires to
adopt a local preference ordinance that it be for a one percent
(1%) local preference, exclusive of pUblic works projects, and
limited to the purchase of materials, supplies and equipment as has
occurred in other cities.
30
4/4/94
In a memorandum dated March 22, 1994, Council Member Hernandez
requested a reconsideration of the proposed local bid preference
item due to the absence of one of the Council/Commission members.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
SECTIONS 3.04.125, 3.04.130, 12.20.040 AND 12.20.050 TO
THE SAN BERNARDINO MUNICIPAL CODE RELATING TO A
PREFERENCE FOR LOCAL BIDDERS ON CITY PURCHASES OF
SUPPLIES, MATERIALS, EQUIPMENT AND SERVICES AND FOR
PUBLIC PROJECTS. (Downtown Business Association Draft)
First (R-12)
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
SECTIONS 3.04.125 AND 12.20.040 TO THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO AN EIGHT PERCENT (8%)
PREFERENCE FOR LOCAL BIDDERS ON CITY PURCHASES OF
SUPPLIES, MATERIALS, EQUIPMENT AND SERVICES AND FOR
PUBLIC PROJECTS. (Mayor'S Draft) First (R-12)
Council Member Hernandez made a motion, that a one-percent
(1%) local preference be implemented for local bidders on City
purchases of supplies, materials, equipment and services, including
capital improvement projects.
The motion failed for lack of a second.
Discussion ensued relative to a one-percent local bid
preference on public works projects.
Fred Wilson, Assistant City Administrator, requested that the
matter be continued to allow staff an opportunity to review public
works projects being included in the one-percent local bid
preference.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that the Mayor and Common Council and Community
Development commission approve a one-percent (1%) local bid
preference on materials, equipment and supplies and direct staff to
prepare the necessary documents.
The motion carried by the following vote: Ayes:
Members Negrete, Oberhelman, Devlin, Pope-Ludlam, Miller.
Council Member Hernandez. Absent: Council Member Curlin.
Council
Nays:
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO MAKING FINDINGS AND DETERMINATIONS AS TO
THE BENEFIT OF UNDERTAKING A CERTAIN PUBLIC IMPROVEMENT
PROJECT FOR THE MT. VERNON CORRIDOR REDEVELOPMENT PROJECT
AREA (SAN MARCOS STREET IMPROVEMENT PROJECT). (R-14)
Discussion ensued relative to the proposed San Marcos Street
improvement project.
31
4/4/94
Tim Sabo, Sabo & Green, special counsel to the Economic
Development Agency, 6320 Canoga Avenue, suite 400, Woodland Hills,
CA, answered questions relative to financing the proposed San
Marcos Street improvement project and whether findings could be
made to support development of affordable single-family detached
homes.
senior Assistant City Attorney Barlow answered questions
regarding abandonment of the street.
Timothy Steinhaus, Agency Administrator, Economic Development
Agency, indicated that according to Roger Hardgrave, Director of
Public Works/city Engineer, the street was vacated ten years ago.
Concern was expressed that the developer
pay for the proposed street improvements.
regarding the zoning of the property.
should be required to
Discussion ensued
Council Member Hernandez made a motion, seconded by Council
Member Pope-Ludlam, that the matter be continued to April 18, 1994,
in the Council Chambers of City Hall, 300 North liD" Street, San
Bernardino, California.
The motion carried by the following vote: Ayes:
Members Negrete, Hernandez, DeVlin, Pope-Ludlam, Miller.
Council Member Oberhelman. Absent: Council Member Curlin.
council
Nays:
COUNCIL MEMBER OBERHELMAN EXCUSED
At 5:50 p.m., Council Member Oberhelman left the Council
meeting.
RAMONA SENIOR HOUSING COMPLEX
(RS-i)
In a memorandum dated March 31, 1994, Timothy Sabo, Sabo &
Green, special counsel to the Economic Development Agency, 6320
Canoga Avenue, suite 400, Woodland Hills, CA, stated that in August
of 1991, the Community Development Commission approved in concept
the construction financing of the Ramona Senior Complex Project
consisting of 44 units of senior citizen housing. The Commission
authorized a construction loan in the amount of $2,326,215 to be
repaid in part with a California Housing Finance Agency (CHFA) tax
exempt financing in the amount of $1,720,000 as the permanent
financing for the project. The Commission additionally committed
to provide secondary financing of $490,030 at 3% interest rate for
10 years.
As a result of Changing market conditions in the rental rates
since the project was initially approved and because of the
unforeseen project cost overruns, it was not practical to attempt
to utilize any form of CHFA tax exempt financing. Ramona Senior
Complex reviewed the financing options available and determined in
approximately October of 1993, that they would obtain tax credit
32
4/4/94
financing through a grant of low-income housing tax credits from
the California Tax Credit Allocation Committee. The initial
application to the Tax Credit Allocation Committee was not
considered by the Committee staff as a completed application.
Ramona Senior Complex subsequently decided to submit another
application to the Tax Credit Allocation Committee by the April 15,
1994 deadline. Three consultants were retained by Ramona Senior
Complex with funds provided by the Economic Development Agency for
each contract. The Tax Credit Allocation Committee required a 55-
year Regulatory Agreement to maintain the affordability of the
units for lower income tenants. The income and rental limitations
imposed by the Tax Credit Allocation Committee are more restrictive
than those imposed by either the Commission for the use of its low
and moderate income housing funds or by the County for the use of
its grant funds.
Consequently, included for Mayor and Council action is a Grant
Agreement between Ramona Senior Complex, the County and the City of
San Bernardino whereby the County would deposit $300,000 to the
city for administration purposes, and ultimate granting to Ramona
Senior Complex for housing purposes. Monies available pursuant to
the Grant Agreement would be monitored by the City for compliance
with indemnification provisions by Ramona Senior Complex in favor
of the City and County with a further indemnification by the City
in favor of the County. The use of the low income housing tax
credits is the only viable financing method that would allow the
Commission to have some prospect of reducing its $490,030 loan and
eventually having it paid in full.
Tim Sabo, Sabo & Green, special counsel to the Economic
Development Agency, 6320 Canoga Avenue, suite 400, Woodland Hills,
CA, answered questions relative to the Casa Ramona loan and the
Ramona Senior Complex funding agreement.
Council Member Miller made a motion, seconded by Council
Member pope-Ludlam, that the Mayor and Common Council approve a
Grant Agreement between Ramona Senior Complex, the County and the
City of San Bernardino for $300,000.
The motion carried by the following vote:
Members Negrete, Hernandez, Pope-Ludlam, Miller.
Member Devlin. Absent: Council Members Curlin,
Ayes: Council
Nays: Council
Oberhelman.
RECESS MEETING
At 6:12 p.m., Mayor Minor declared a five-minute recess.
RECONVENE MEETING
At 6:18 p.m., Mayor Minor reconvened the regular meeting of
the Mayor and Common Council in the Council Chambers of city Hall,
300 North "D" street, San Bernardino, California.
33
4/4/94
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Hernandez, Devlin, Pope-Ludlam, Miller; Senior Assistant City
Attorney Barlow, City Clerk Rachel Clark, City Administrator Shauna
Clark. Absent: Council Members Curlin, Oberhelman.
WAIVE FEES - $15,503 - CINCO DE MAYO CELEBRATION - MAY 6
THROUGH 8, 1994 - INLAND EMPIRE HISPANIC CHAMBER OF
COMMERCE - DISCUSSED EARLIER & LATER IN THE MEETING - SEE
PAGES 20 & 36 (29)
This is the time and place continued to from earlier in the
meeting to consider a waiver of fees in the amount of $15,503 for
the Cinco de Mayo Celebration to be held May 6 through 8, 1994, as
requested by the Inland Empire Hispanic Chamber of Commerce.
City Administrator Shauna Clark stated that she had received
a request from M.E.C.H.A. seeking funding assistance from the City
for their second annual Cinco de Mayo Car Show to be held on May 7,
1994. She explained that their request was not on the Council's
agenda, but could possibly be heard in conjunction with the Inland
Empire Hispanic Chamber of Commerce funding request.
Hector Luna, 1255 W. Reece Street, San Bernardino, CA, voiced
support of M.E.C.H.A.'s funding request for the Cinco de Mayo Car
Show.
Mario Porras, 3716 North Osbun Road, San Bernardino, CA,
requested that the Mayor and Council approve the Hispanic Chamber's
funding request.
Alfredo Enciso, Pro Treasurer, Inland Empire Hispanic Chamber
of commerce, 578 Herrington, San Bernardino, CA, stated that he has
spoken with the Police Department and has received approval to sell
beer at the Cinco de Mayo celebration. He also stated that he is
still waiting on documentation from the former president relative
to the accounting of funds.
Council Member Hernandez made a motion, seconded by Council
Member Negrete, that the Mayor and Common Council fund $5,000 in
direct costs and $15,503 be used to pay off in-kind services with
the condition that Mr. Enciso provide canceled checks to the City
Administrator for the event held last year. (Note: There was no
vote taken.)
Discussion was held relative to referring the matter to the
ways and Means Committee.
34
4/4/94
council Member Pope-Ludlam made a substitute motion, seconded
by Council Member Miller, that the matter be referred to the Ways
and Means Committee; that all documentation be brought to the Ways
and Means Committee and city Administrator; and that the item be
continued to April 18, 1994, in the Council Chambers of city Hall,
300 North "D" street, San Bernardino, California.
The motion failed by the following vote: Ayes: Council
Members Devlin, Pope-Ludlam, Miller. Nays: Council Members
Negrete, Hernandez. Absent: Council Members Curlin, Oberhelman.
Mr. Porras answered questions relative to the financial
problems of the Inland Empire Hispanic Chamber of Commerce.
Council Member Hernandez made a motion, seconded by Council
Member Negrete, that the Mayor and Common Council fund $5,000 in
direct costs and $15,503 be used to payoff in-kind services with
the condition that Mr. Enciso provide canceled checks to the City
Administrator for the event held last year.
The motion
Members Negrete,
Devlin, Miller.
failed by the following
Hernandez, Pope-Ludlam.
Absent: Council Members
vote:
Nays:
Curlin,
Ayes: Council
Council Members
Oberhelman.
There was no further action taken on this item at this time.
FUNDING REQUEST - $5,985 - CINCO DE MAYO CAR SHOW - MAY
7, 1994 - M.E.C.H.A (New Business 1)
Council Member Hernandez made a motion, seconded by Council
Member Devlin, and unanimously carried, that the need to take
action arose after the posting of the agenda.
In a letter dated March 26, 1994, Froilan Mercado, President,
M.E.C.H.A., California State University San Bernardino, 5500
University Parkway, San Bernardino, CA, requested funding
assistance in the amount of $5,985 for the second annual Cinco de
Mayo Car Show to be held on Saturday, May 7, 1994. The event will
take place at the California State University campus, and would be
free to the public. The event would not be a liability to the
City, no alcohol would be served, and no city services would be
requested.
Hector Luna, 1255 W. Reece Street, San Bernardino, CA, spoke
in support of the M.E.C.H.A. Cinco de Mayo Car Show.
Concern was expressed that the Cinco de Mayo Car Show should
be held in the downtown area.
Froilan Mercado, M.E.C.H.A. President, California State
University San Bernardino, 5500 University Parkway, San Bernardino,
CA, spoke of the positive aspects of rap music and the Hispanic
35
4/4/94
culture. He stated that last year California state University San
Bernardino provided funding assistance in the amount of $300.
Mark Villalobos,
explained the events
celebration.
356 West Magnolia,
being planned for
San
the
Bernardino,
Cinco de
CA,
Mayo
Council Member Devlin made a motion, seconded by
Member Miller, that the City match funds in the amount of
allocated by California State University San Bernardino;
M.E.C.H.A. be invited to come back next year and
application. (Note: There was no vote taken.)
Council
$300 as
and that
file an
Refugio salazar, a student at California State University San
Bernardino, 5500 University Parkway, San Bernardino, CA, voiced
support of the Cinco de Mayo Car Show to be held Saturday, May 7,
1994.
Jim Yracheta, representative of San Bernardino Valley College,
701 South Mount Vernon Avenue, San Bernardino, CA, requested that
the Mayor and Council support M.E.C.H.A.
Tony Herrera, a student at Riverside Community College, voiced
support of M.E.C.H.A.
AIda Salazar, a resident of San Bernardino, stated that the
funds would help provide prizes for the car show.
Council Member Hernandez made a substitute motion, seconded by
Council Member Pope-Ludlam, and unanimously carried, that the
matter be referred to the Ways and Means Committee.
RECESS MEETING
At 7:04 p.m., Mayor Minor declared a five-minute recess.
RECONVENE MEETING
At 7:15 p.m., Mayor Minor reconvened the regular meeting of
the Mayor and Common Council in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, california.
ROLL CALL
Roll call was taken by Deputy City Clerk Jones with the
following being present: Mayor Minor; Council Members Negrete,
Hernandez, Devlin, Pope-Ludlam, Miller; Deputy city Attorney Roth,
Deputy City Clerk Jones, city Administrator Shauna Clark. Absent:
Council Members Curlin, Oberhelman.
RECONSIDER - WAIVER OF FEES - $15,503
CELEBRATION - MAY 6 THROUGH 8, 1994 -
HISPANIC CHAMBER OF COMMERCE - DISCUSSED
MEETING - SEE PAGES 20 & 34
CINCO DE MAYO
INLAND EMPIRE
EARLIER IN THE
(29)
36
4/4/94
This is the time and place to reconsider previous Council
action relative to the request for waiver of fees for the cinco de
Mayo celebration, as requested by the Inland Empire Hispanic
Chamber of Commerce.
Council Member Negrete made a motion,
Member Hernandez, and unanimously carried,
Common Council reconsider previous Council
matter to the Ways and Means Committee.
seconded by Council
that the Mayor and
action to refer the
Discussion was held relative to the Inland Empire Hispanic
Chamber of Commerce providing canceled checks to support
expenditures made for the Cinco de Mayo celebration held last year.
Council Member Negrete made a motion,
Member Hernandez, and unanimously carried,
referred to the Ways and Means Committee
provide all canceled checks.
seconded by Council
that the matter be
and that Mr. Enciso
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SUBSECTION 3 OF SECTION 8.90.050 OF THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO THE OFFERING OF LoNG TERM OR
SHORT TERM LEASES BY THE OWNERS OR OPERATORS OF MOBILE
HOME PARKS. (Discussed earlier in the meeting) (See page
18) First (27)
Council Member Hernandez made a motion, seconded by Council
Member Negrete, and unanimously carried, that said ordinance be
laid over for final adoption.
CITY CLERK RACHEL CLARK RETURNED
City Clerk Rachel Clark returned to the Council meeting.
CITY ATTORNEY AUDIT - IMPLEMENTATION PLAN - PERSONNEL
COMMITTEE (30)
In a memorandum dated March 24, 1994, Council Member
Hernandez, Chairman of the Personnel Committee, provided a copy of
the city Attorney's Audit Implementation Schedule for use of
outside counsel, vendor selection, financial controls for outside
counsel services and litigation expenses, staffing and personnel
management, information systems and office automation, office of
the City Attorney cost recovery, and cost effectiveness of outside
counsel.
Council Member Negrete made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the matter be
continued to April 18, 1994, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
37
4/4/94
WAIVE STREET BANNER FEE - $200 - LOVE OF LIFE TELETHON -
MAY 7, 1994 - ST. BERNARDINE'S MEDICAL CENTER (31)
In a memorandum dated March 28, 1994, Shauna Clark, City
Administrator, transmitted a letter from Roneale K. Branning,
Development Coordinator, st. Bernardine Medical Center Foundation,
489 East 21st Street, San Bernardino, CA, requesting a waiver of
street banner fees in the amount of $200 for the Love of Life
Telethon to be held on May 7, 1994.
Council Member Hernandez made a motion, seconded by Council
Member Miller, and unanimously carried, that the request of st.
Bernardino's Medical Center for a waiver of the street banner fee
of $200 for their Love of Life Telethon, May 7, 1994, be approved.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTION 2.39.080(A) RELATING TO THE COMPLAINT RESOLUTION
PROCESS. First (S-l)
Council Member Miller made a motion, seconded by Council
Member Devlin, and unanimously carried, that the matter be referred
to the Legislative Review Committee.
WAIVE FEES - $50 - EASTER SEAL BENEFIT - APRIL 9, 1994 -
DALE'S MODERN CYCLE (S-3)
In a memorandum dated March 30, 1994, Shauna Clark, City
Administrator, transmitted a letter dated March 29, 1994, from
Dwane B. Cannady, Dale's Modern cycle, 225 East Baseline, San
Bernardino, CA, requesting a waiver of fees in the amount of $50
for barricades in connection with the Easter Seal Benefit to be
held April 9, 1994.
Council Member Miller made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the request for a
waiver of fees in the amount of $50 for barricades in connection
with Dale's Modern Cycle Easter Seal Benefit scheduled for April 9,
1994, be approved.
DIRECT PREPARATION OF RESOLUTION OPPOSING MOBILE HOME
RENT INITIATIVE (S-4)
In a
Hernandez,
resolution
memorandum dated March 30, 1994, council Member
requested that the Mayor and Council prepare a
opposing the proposed mobile home rent initiative.
Clay Hage, President, Inland Empire Branch Western Mobilehome
Association, 21464 Marston Court, Moreno Valley, CA, voiced
objection to the City preparing a resolution opposing the mobile
home rent initiative.
38
4/4/94
council Member Hernandez made a motion, seconded by Council
Member Miller, and unanimously carried, that the Mayor and Council
of the city of San Bernardino pass a resolution opposing the
proposed mobile home rent initiative which is being circulated by
some park owners.
ADJOURNMENT
At 7:25 p.m., the meeting was adjourned. The
meeting is scheduled for 8:00 a.m., Monday, April 18,
Council Chambers of City Hall, 300 North liD"
Bernardino, California.
next regular
1994, in the
street, San
RACHEL CLARK
City Clerk
{>e:.k.L ~
No. of Hours: 11
No. of Items: 59
39
4/4/94