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HomeMy WebLinkAbout06-06-1994 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING JUNE 6, 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 8:04 a.m., Monday, June 6, 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 Hernandez, Oberhelman, Devlin, Miller; Senior Assistant City Attorney Morillo; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Members Negrete, Curlin, Pope-Ludlam. RECESS MEETING - CLOSED SESSION At 8: 04 a. m., the Mayor and Common Council and Development Commission recessed to closed session following: (1) Community for the 1. Litigation Pursuant to Government Code Section 54956.9. (a) David Hatfield vs. Citv of San Bernardino. et al - United States District Court Case No. SACV 93-317 LHM; (b) Peer vs. Countv/Citv of San Bernardino - San Bernardino Superior Court Case No. 270179; (c) Leslie Bond vs. San Bernardino Communitv Development Commission. et al - San Bernardino Superior Court Case No. 276373; Borunda vs. Citv of San Bernardino Superior Court Case No. 02045. (e) Aaron Smith vs. Bland/Citv of San Bernardino San Bernardino Municipal Court Case No. 145957; San Bernardino (d) (f) Clifford Smith vs. Revnolds/Citv of San Bernardino - San Bernardino Municipal Court Case No. 145956. CLOSED SESSION At 8:04 a.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 1 6-6-94 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Hernandez, Oberhelman, Devlin, Miller; Senior Assistant City Attorney Morillo; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Members Negrete, Curlin, Pope-Ludlam. Also Scroggin, Office. present: Deputy City Attorney Simmons and Margaret Administrative Operations Supervisor, City Attorney's READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Cordova 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. SENIOR ASSISTANT CITY ATTORNEY BARLOW ARRIVED At 8:05 a.m., Senior Assistant City Attorney Barlow arrived at the closed session. COUNCIL MEMBERS NEGRETE & CURLIN ARRIVED At 8:07 a.m., Council Members Negrete and Curlin arrived at the closed session. COUNCIL MEMBER POPE-LUDLAM ARRIVED At 8:10 a.m., Council Member Pope-Ludlam arrived at the closed session. DEPUTY CITY ATTORNEY SIMMONS EXCUSED At 8:13 a.m., Deputy City Attorney Simmons left the closed session. ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR STEINHAUS & TIM SABO, SPECIAL COUNSEL TO THE ECONOMIC DEVELOPMENT AGENCY, ARRIVED At 8:13 a.m., Administrator, and Development Agency, Tim Steinhaus, Economic Development Agency Tim Sabo, special counsel to the Economic arrived at the closed session. ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR STEINHAUS & TIM SABO, SPECIAL COUNSEL TO THE ECONOMIC DEVELOPMENT AGENCY, EXCUSED At 8:19 a.m., Administrator, and Development Agency, Tim Tim left Steinhaus, Economic Development Agency Sabo, special counsel to the Economic the closed session. ADJOURN CLOSED SESSION At 8:20 a.m., the closed session Council Chambers of City Hall, Bernardino, California. recessed to 9:00 a.m., in the 300 North "D" Street, San 2 6-6-94 RECONVENE MEETING At 9:05 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 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, 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 Negrete. ANNOUNCEMENT - MOMENT OF SILENCE - liD" DAY - REFERENCED LATER IN THE MEETING - SEE PAGE 15 (3) Mayor Minor recognized the individuals who lost their lives on "D" Day, June 6, 1944, with a moment of silence; and stated that a wreath would be placed in front of the flag pole of City Hall in memory of "D" Day. APPOINTMENT LUIS WALTER 0' CAMPO COMMISSIONERS BOARD OF WATER (S-3) In a memorandum dated May 31, 1994, Mayor Minor recommended the appointment of Luis Walter O'Campo, 663 Magnolia, San Bernardino, CA, to the Board of Water Commissioners. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the appointment of Luis Walter O'Campo to the Board of Water Commissioners, as requested by Mayor Minor, be approved. ANNOUNCEMENT - COUNCIL MEMBER CURLIN (3A) Council Member Curlin announced that the Second Ward Town Hall meeting would be held on July 6, 1994, at 6:30 p.m., at the perris Hill Senior Citizens Service Center, 780 E. 21st Street, San Bernardino; and recognized the significance of "D" Day. ANNOUNCEMENT - COUNCIL MEMBER DEVLIN (3B) Council Member Devlin commended City staff and City Clerk Rachel Clark for her efforts in organizing a City team which participated and raised over $800 in the walkathon held on June 4, 3 6-6-94 1994, for the American Cancer Society. ANNOUNCEMENT - COUNCIL MEMBER MILLER (3C) Council Member Miller announced the winners of the art contests held during the Open House and Festival of the Arrowhead activities conducted on May 19-21, 1994, commemorating the City's 184th anniversary. Students from seven local elementary schools participated. She expressed her appreciation to the students, leaders of the schools, staff and citizens involved and the merchants who contributed prizes. PUBLIC COMMENTS - JOE BONADIMAN (4) Joe Bonadiman, P. O. Box 5852, San Bernardino, CA, expressed concern that the City was recognized as the sixth most dangerous place to live within the United States; and urged the Council to enact a law concerning caning and other means to reduce crime. PUBLIC COMMENTS - CAROL MAIN (4A) Carol Main, P. O. Box 2970, San Bernardino, CA, concern regarding violent crime within the City; and Council to enact laws which would aid in the reduction expressed urged the of crime. PUBLIC COMMENTS - JAMES PENMAN (4B) James Penman, City Attorney, reminded the residents of the City to exercise their right to vote on June 7, 1994. PUBLIC COMMENTS - JEFF WRIGHT (4C) Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed support for the students of Cardinal City who participated in the mock Council meeting held during the Open House on May 19, 1994; and honored and recognized those individuals who lost their lives in service to their country. PUBLIC COMMENTS - TOM JONES (4D) Tom Jones, a resident of San Bernardino, expressed concern regarding the increase in crime, and the recent actions taken by the Mayor and Council to reduce the public speaking rights of the citizens. PUBLIC COMMENTS - ALBERT KELLY (4E) Albert Kelly, 3515 Franklin Street, Redlands, CA, expressed concern that the City and County of San Bernardino have the most lawsuits which have been initiated against them relative to environmental issues. 4 6-6-94 CLAIMS AND PAYROLL (9) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the claims and payroll and authorization to issue warrants as listed on the memorandum dated May 13, 1994, from the Finance Director, be approved. PERSONNEL ACTIONS (10) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated May 19, 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. WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (5) Jeff Wright, P. O. Box 2341, San Bernardino, CA, requested that the title of each resolution and ordinance be read at the time the item is being considered. CITY ATTORNEY PENMAN EXCUSED At 9:34 a.m., City Attorney Penman left the Council meeting and was replaced by Deputy City Attorney Roth. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas, be waived. COUNCIL MINUTES (6) Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, 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: April 4, 1994; April l8, 1994. RES. 94-125 RESOLUTION AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE CENTER OF HEALTH RESOURCES PURCHASE CONNECTION, GROUP PURCHASING, DIETARY PROGRAM FOR RAW FOOD PRODUCTS FOR THE CITY'S SENIOR NUTRITION PROGRAM. (Taken in conjunction with Item #8.) (7) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. 5 6-6-94 Resolution No. 94 -125 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. 1994 SUMMER FOOD SERVICE PROGRAM FOR CHILDREN CALIFORNIA DEPARTMENT OF EDUCATION - AUTHORIZE DIRECTOR OF PARKS, RECREATION & COMMUNITY SERVICES TO APPLY & ACCEPT COMMODITIES - TAKEN IN CONJUNCTION WITH ITEM #7 (8) In a memorandum dated May 19, 1994, Annie Ramos, Director of Parks, Recreation & Community Services, stated that in the past the department has contracted with the San Bernardino City Unified School District to prepare meals for its Summer Lunch Program for Children. By obtaining and directing these commodities to the school district, program costs are lessened. Therefore, staff requests that authorization be given to apply for and accept commodities from the California Department of Education. Council Member Hernandez made a motion, seconded by Council Member Devlin, and unanimously carried, that the Director of Parks, Recreation and Community Services Department be authorized to apply for and accept commodities from the California Department of Education for use in the 1994 Summer Food Service Program for Children. CONSTRUCT TRIPLE BOX CULVERT - DEVIL CANYON DIVERSION CHANNEL AT "H" STREET, NORTH OF KENDALL DRIVE - ADOPT NEGATIVE DECLARATION - FINDING OF CONSISTENCY - GENERAL PLAN CIRCULATION ELEMENT (11) In a memorandum dated May 10, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that at its March 17, 1994 meeting, the Environmental Review Committee recommended adoption of the negative declaration for Public Works Project No. 94-01. A 21- day public review was held between March 24, 1994 and April 13, 1994; and no comments were received. Consequently, staff recommends that the negative declaration be adopted and a finding made that the project is consistent with the circulation element of the General Plan. Jeff Wright, P. O. Box 2341, San Bernardino, opposition that the negative declaration had been consent calendar. CA, expressed placed on the Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the negative declaration for Public Works Project No. 94-01, construction of a triple box culvert at "H" Street, north of Kendall Drive, be adopted; and that a finding be made that the construction of a triple box culvert at "H" Street, north of Kendall Drive, is consistent with the circulation element of the General Plan. 6 6-6-94 RES. 94-126 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO CONTRACT WITH INLAND OVERHEAD DOOR COMPANY RELATING TO THE PROVISION OF MAINTENANCE OF OVERHEAD DOORS AT VARIOUS LOCATIONS. (12) Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired as to what is involved with the maintenance of the overhead doors. City Administrator Shauna Clark explained that the adoption of the above resolution would approve the extension of an existing contract. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 94 -126 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.72 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO SMOKING. (Discussed later in the meeting) (See Page 13) Final (13) In a memorandum dated June 2, 1994, Rachel Clark, City Clerk, stated that the City Clerk's Office has received an additional 24 letters of protest, 19 from residents of the City and 5 who are non-residents. Council Member Curlin made a motion, seconded by Council Member Hernandez, that said ordinance be adopted. (Note: There was no vote taken, and the matter was subsequently continued to later in the meeting.) John Coleman, 1519 Belleview Road, Red1ands, CA, Inland Unit American Cancer Society, expressed support for the adoption of said ordinance which regulates smoking in enclosed places. A discussion was held relative to the time the item was to be heard. It was the consensus of the Council that the matter be continued to later in the meeting. RES. 94-127 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH YONSUK SON, DBA GALLO'S FLOWERS AND GIFTS, AND PAUL Y. AHN, BEING RELATIVE TO THAT CERTAIN REAL PROPERTY SITUATED AT THE NORTHEAST CORNER OF WATERMAN AVENUE AND GILBERT STREET, COMMONLY KNOWN AS 1505 NORTH WATERMAN AVENUE. (14) 7 6-6-94 Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 94-127 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. 800 MHZ RADIO COMMUNICATION SYSTEM NEGOTIATIONS FOR PURCHASE - MOTOROLA, INC. AUTHORIZE (15) In a memorandum dated May 23, 1994, Fred Wilson, Assistant ci ty Administrator, provided an overview and background information to substantiate the need for the City to purchase and operate its own Smart Net wide-area trunked communication system for use with the 800 MHz radios to be operated by fire and police safety personnel. He stated that the cost to the City for this system is approximately $2 million. Financing these costs over a 10-year period would result in annual payments of approximately $252,200, plus annual maintenance. If the City were to contract with the County to use their system, annual costs would be approximately $258,900. Fred Wilson, Assistant City Administrator, answered questions regarding the maintenance costs for the 800 MHz radio communication system, and the time table for implementation. Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired if the matter is an extension of the contract which was previously awarded to Motorola, Inc. Shauna Clark, City Administrator, eXplained the various phases for final implementation of the 800 MHz radio communication system. Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that authorization be given to negotiate with Motorola, Inc., for the purchase of a trunked 800 MHz radio communication system. SET PUBLIC HEARING JULY 5, 1994 RENTAL HOUSING INSPECTION PROGRAM - SELECT PROGRAM ALTERNATIVE & FUNDING MECHANISM - DISCUSSED LATER IN THE MEETING - SEE PAGE 21 (16) In a memorandum dated May 23, 1994, Shauna Clark, City Administrator, stated that in 1990, the City recognized the proliferation of housing in transition from owner-occupied to rentals and established a single family rental business tax. The tax was imposed to meet and fund code enforcement's increasing demands. However, no inspection program was established, and Code Enforcement was to operate on a complaint-response basis. 8 6-6-94 To date, the City Clerk's Office has identified over 5,500 single family rental units which generates an additional $240,000 annually in revenue. The general fund allocation for code enforcement is $397,700 annually ($539,700 minus $142,000 paid by the Economic Development Agency). Approximately 75-80 percent of code enforcement's time is spent eradicating blight on rental housing. Growing demands have exceeded available staffing, and staff is forced to operate in a less efficient reactive mode, addressing life safety issues first and leaving little time for other complaints. The Fire Department works on inspections when time permits; however, their focus is on life safety issues. The paperwork involved is also a burdensome process. Housing stock where the highest number of single family rental units are concentrated has continued to deteriorate and devalue. It is apparent that landlords who are deriving income from these units are not reinvesting their profits in their San Bernardino properties. Based on the experience of other cities, staff believes that a proactive program of rental inspections, along with landlord and tenant education programs, would reduce many negative impacts. Eventually, some single family rentals would shift back to owner-occupied units which would stabilize neighborhoods and allow housing values to rise. Over time, all property owners would benefit. In order to generate funds for this program, three alternatives are provided for Mayor and Council consideration, and staff recommends that an alternative plan be selected and that a public hearing be set for July 5, 1994, to discuss the rental housing inspection program: Alternative I Tarqeted Inspections Rental Inspection Surcharqe. (For more detailed information, please refer to the attachments enclosed with the Staff Report dated May 23, 1994.) This plan could be recognized as the Santa Ana plan. The City of Santa Ana had a residential business tax similar to the City's; however, a surcharge was added to pay for enhanced inspection programs. Because the surcharge did not generate enough money to guarantee an inspection for every rental unit, the inspections were targeted. This alternative would allow the City to target rental housing areas and do full inspections without regard to the license renewal pattern. The generated surcharge money would be a tax, not a fee, and would not require direct correlation to the service being provided. By using existing data on crime patterns, code enforcement complaints, density and other criteria, the Department of Planning & Building Services would develop a strategic plan for targeting the most critical problem areas. A team of inspectors would be placed in the target area and would remain until all inspections for the area were complete. 9 6-6-94 Alternative I would reduce the business registration tax by 25 percent, from $60 to $45, and would impose a $20 inspection fee. Alternative II - Annual Inspection Cycle - Fee for Service. (For more detailed information, please refer to the attachments enclosed with the Staff Report dated May 23, 1994.) Alternative II would charge a rental inspection fee (versus a tax) for every unit at the time it is first licensed through the City Clerk's Office and annually upon renewal. Once the fee is collected, the Department of Planning & Building Services would have a certain number of days to complete the inspection. Although Alternative II would generate enough money to inspect every unit once per year, the inspections would not be controlled by the department on a strategic basis. Each inspection would occur randomly, based upon business registration renewal cycles, and the inspectors would be placed in a reactive rather than a proactive mode of operation. Fees would be based upon actual costs for providing the inspection. Alternative III - Two Year Inspection Cycle - Fee for Service. (For more detailed information, please refer to the attachments enclosed with the Staff Report dated May 23, 1994.) Alternative III is a variation of number two; however, reduces inspections in half, requiring inspections once every two years. Fees would also be reduced. City Administrator Shauna Clark explained that she met with David Schulze, 1st Vice President, San Bernardino Valley Association of Realtors, and he provided recommendations for the proposed rental housing inspection program. She stated that she informed Mr. Schulze that discussion would probably take place at 3:00 p.m., therefore, she requested that the matter be continued to later in the meeting. Council Member Oberhelman made Member Hernandez, and unanimously continued to later in the meeting. a motion, carried, seconded by Council that the matter be AN ORDINANCE OF THE CITY OF SAN BERNARDINO SECTION 3.10.010 BY INCREASING THE CHARGE COLLECTION OF RETURNED CHECKS. First AMENDING FOR THE (17) Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that said ordinance be laid over for final adoption. WAIVER OF FEES - $275 - USE OF FISCALINI FIELD - SAN BERNARDINO CHILD ADVOCACY PROGRAM, INC. (18) 10 6-6-94 In a memorandum dated May 19, 1994, Annie Ramos, Director of Parks, Recreation & Community Services, stated that the San Bernardino Child Advocacy Program, Inc., is sponsoring an Old Timers Baseball Game fund raiser on June 11, 1994, at Fiscalini field, to combat child abuse through treatment, prevention and research. The fee for use of Fisca1ini field is $275, and the event meets the requirements for a waiver of the fee pursuant to Resolution No. 91-35. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the request to waive fees for use of Fiscalini field and facilities by the San Bernardino Child Advocacy Program, Inc., in the amount of $275, be approved. RES. 94-128 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, REQUESTING DISTRIBUTION OF REMAINING EAST VALLEY AB939 WASTE CHARACTERIZATION TRUST FUNDS BY THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA, TO JURISDICTIONS INPUTTING FUNDS ON A PRO RATA BASIS. (19) Shauna Clark, City Administrator, stated that the County was charging an additional landfill surcharge of $1 per ton for refuse to fund studies relative to waste composition. The studies have been completed, and the adoption of said resolution would allow the funds to be redistributed, on a pro rata basis, to the cities involved in the East Valley Coalition. Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired if the funds would be reallocated to recycling projects or the Refuse Fund. City Administrator Shauna Clark explained that the funds would be reimbursed to the Enterprise Fund within the Public Services Department, and the department has a project for recycling. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 94-128 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94 -129 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING ALTERNATE MEMBERS FOR THE PUBLIC REPRESENTATIVES OF THE SOLID WASTE ADVISORY TASK FORCE. (20) 11 6-6-94 Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 94 -129 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 10.52 OF THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH SPEED ZONES ON "E" STREET/KENDALL DRIVE BETWEEN THIRTIETH STREET AND REVERE AVENUE. (Continued from May 16, 1994) First (21) Council Member Hernandez made a motion, seconded by Council Member Negrete, and unanimously carried, that the matter be tabled. CITY ATTORNEY AUDIT - IMPLEMENTATION PLAN - REFERRAL BY PERSONNEL COMMITTEE CONTINUED FROM MAY 2, 1994 DISCUSSED LATER IN THE MEETING - SEE PAGE 25 (22) This is the time and place continued to consider the referral by the Personnel Committee that the Mayor and Council review the implementation plan for the City Attorney's audit. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that the document submitted by the City Administrator be selected as the implementation plan for the City Attorney's audit. (Note: There was no vote taken.) CITY CLERK RACHEL CLARK EXCUSED At 9:56 a.m., City Clerk Rachel Clark left the Council meeting and was replaced by Deputy City Clerk Cordova. City Administrator Shauna Clark provided a synopsis of the action taken relative to the implementation plan for the audit of the City Attorney's Office. Concern was expressed that a firm time table had not been established for implementation of the City Attorney's audit. Deputy City Attorney Roth explained that the recommendations made by the Harvey Rose Management audit have all been implemented and the two recommended positions have been allocated for funding in the fiscal year 1994/95 budget. Discussion ensued relative to the findings of the Harvey Rose Management Audit and the operations of the City Attorney's Office. Dennis Barlow, Senior Assistant City Attorney, recommendations have all been implemented except permitted because of additional funding. stated that the for those not 12 6-6-94 Council Member Oberhelman made a substitute motion, seconded by Council Member Curlin, and unanimously carried, that the matter be continued to later in the meeting. ORD. MC-90S - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.72 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO SMOKING. (Discussed earlier in the meeting) (See Page 7) Final (13) This is the time and place continued from earlier in the meeting to consider the adoption of said ordinance. Council Member Curlin made a motion, seconded by Council Member Hernandez, that said ordinance be adopted. (Note: The vote was taken after discussion.) Tom Jones, a resident of San Bernardino, expressed opposition to the adoption of said ordinance relating to smoking. CITY CLERK RACHEL CLARK RETURNED At 10:16 a.m., City Clerk Rachel Clark returned to the Council meeting. Concern was expressed relative to the effect the adoption of said ordinance would have on restaurants within the City. Patrick Casey, 320 West 17th Street, San Bernardino, CA, expressed support for the adoption of said ordinance. Paul Pancucci, Drug Supervisor, voiced support relating to smoking. Abuse Resistance Education (DARE) for the adoption of said ordinance Lee Greenfield, Active West & Bowling Proprieties, expressed opposition to the adoption of said ordinance. The following individuals expressed support for the adoption of said ordinance relating to smoking: Kay Atkins, 679 Arosa, Crestline, California. Dolores Lewis, a resident of Hesperia, California. Carolyn Williams. Stan McIntyre, 332 W. 18th Street, San Bernardino, California. Tom Parrish, Businessman within San Bernardino, California. 13 6-6-94 Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed concern that the ordinance did not contain provisions for education. The following individuals expressed support for the adoption of said ordinance relating to smoking: Sam Catalano, General Manager, Carousel Mall, 295 Carousel Mall, San Bernardino, CA; and member of the task force. Linda Ferry, Chief of Preventative Medicine, Lorna Linda Hospital, 37273 Oak Grove Road, Yucaipa, California. Esther Jimenez, Health Education Specialist, San Bernardino County Department of Public Health, 1542 W. Union, San Bernardino, California. A discussion was affects of smoking, ordinance. held regarding the positive and negative and the enforcement provisions of the Ordinance No. MC-905 was adopted by the following vote: Ayes: Council Members Curlin, Hernandez, Devlin, Pope-Ludlam. Nays: Council Members Negrete, Oberhelman, Miller. Absent: None. RECESS MEETING At 10:56 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, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow; City Clerk Rachel Clark. Absent: City Administrator Shauna Clark. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:06 a.m., Chairman Minor called the regular meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At this time, the Mayor and Common Council, acting as the Community Development Commission, took action on Community Development Commission items. 14 6-6-94 RECOGNITION OF "D" DAY MEETING - SEE PAGE 3 REFERENCED EARLIER IN THE (3) Dr. Holding, a survivor of the "D" Day invasion at Normandy, France, was introduced and joined the Mayor and Council for the placement of the memorial wreath in front of City Hall. RECESS MEETING At 12:10 p.m., the regular meeting of the Mayor and Common Council recessed to 2: 00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:03 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Hernandez, Oberhelman, Devlin, Pope-Ludlam; Deputy City Attorney Empeno; City Clerk Rachel Clark. Absent: Council Members Curlin, Miller; City Administrator Shauna Clark. PUBLIC HEARING DEVELOPMENT AGREEMENT NO. 93-01 VARIANCE NO. 93 - 07 STUBBLEFIELD ACCESS AGREEMENT CONTINUED FROM MAY 16, 1994 (23) This is the time and place continued for a public hearing on Development Agreement No. 93-01 and Variance No. 93-07 to establish and vest the ownership use and maintenance responsibilities of a primary access road, a non-standard secondary access route (based on the concurrent adoption of Development Code Amendment No. 93-05) and the use of a pipe arch culvert as an emergency access route and equestrian trail. In a letter dated May 23, 1994, Mark A. Ostoich, Gresham, Varner, Savage, Nolan & Tilden, 600 North Arrowhead Avenue, Suite 300, San Bernardino, California, stated the position of Stubblefield Construction Company for its project east of Highway 30. In a memorandum dated June 1, 1994, Al Boughey, Director of Planning & Building Services, stated that on May 16, 1994, the matter was continued to allow staff to meet with Mr. Hodgdon and Mr. Stubblefield to address the issues that were raised. The meetings were held on May 18 and 19th. However, meetings were also held with the Metropolitan Water District (MWD) , and it was made known that MWD is proposing to construct a water pipeline in the vicinity of the Stubblefield's property under consideration in Development Agreement No. 93-01. Consequently, staff recommends 15 6-6-94 that the matter be continued to June 20, 1994, to allow staff to assess the impact of the MWD plans on Development Agreement No. 93- 01. In a letter dated June 2, 1994, Mayor Timmer, City of Highland, requested that the matter be continued for two weeks so that a meeting could be held between the City of Highland and the City of San Bernardino to express their concerns. COUNCIL MEMBER CURLIN RETURNED At 2:05 p.m., Council Member Curlin returned to the Council meeting and took his place at the council table. Mayor Minor opened the hearing. Al Boughey, Director of Planning & Building Services, stated that the Metropolitan Water District is proposing to construct a water pipeline in the vicinity of the Stubblefield's property under consideration in Development Agreement No. 93-01; and, therefore, requested a continuance to June 20, 1994; provided a synopsis and answered questions pertaining to Development Agreement No. 93-01 and Variance No. 93-07. Mark Ostoich, Gresham, Varner, Savage, Nolan & Tilden, 600 N. Arrowhead Avenue, Suite 300, San Bernardino, CA, representing Stubblefield Construction Company, stated that the Development Agreement provides for a secondary route of ingress and egress, and requested that the Mayor and Council take action on the matter. A discussion was held regarding the conditions of the development agreement. Arnold Stubblefield, 4040 Piedmont Drive, reiterated that the development agreement provides route of ingress and egress, and stated they discussions with the Metropolitan Water District MWD's plans are tentative. Highland, CA, for a secondary also have had (MWD) , however, Warner Hodgdon, Heart Bar Ranch, Arrowhead Springs, Post Office Box 2146, San Bernardino, CA, presented correspondence dated May 12, 17, 31, June 1, and June 2, 1994, and a proposed alternative for the Route 330 Freeway/Frontage Road(s), enviroscape and recreation trails and two different full-standard access roads; provided a synopsis of the action taken relative to the proposed development agreement, and requested that the matter be continued to June 20, 1994. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF DEVELOPMENT AGREEMENT NO. 93-01. (Continued from May 16, 1994) (23) 16 6-6-94 Council Member Oberhelman made a motion, seconded by Council Member Negrete, that the hearing be closed. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam. Nays: None. Abstain: Council Member Hernandez. Absent: Council Member Miller. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that the matter be continued to June 20, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion failed by the following vote: Ayes: Members Negrete, Oberhelman, Devlin. Nays: Council Curlin, Pope-Ludlam. Abstain: Council Member Hernandez. Council Member Miller. Council Members Absent: Discussion ensued relative to Development Agreement No. 93 - 01, the issues which were previously raised at the various Council meetings and whether the agreement provided a secondary route of ingress and egress. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that the matter be continued to June 20, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Council Member Devlin withdrew his second. The motion failed for lack of a second. Discussion continued relative to Development Agreement No. 93- 01. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that the matter be continued to June 20, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. A discussion was held regarding the purpose for the continuance. COUNCIL MEMBER MILLER RETURNED At 2:34 p.m., Council Member Miller returned to the Council meeting and took her place at the council table. Council Member Oberhelman made a substitute motion, seconded by Council Member Devlin, that the matter be continued to June 20, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California; that the Director of Planning & Building Services meet with the Director of Public Works/City 17 6-6-94 Engineer and look at the impact of the Metropolitan Water District project design; coordinate with the City Attorney to address the legal issues; and bring back the Development Agreement for Council consideration. 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. APPEAL - PLANNING COMMISSION'S DENIAL - VARIANCE NO. 93- 11 OFF-FREEWAY SIGN INNOVATIVE GRAPHICS, INC. SCOTTISH RITE TEMPLE PROPERTY - CONTINUED FROM MAY 16, 1994 (24) This is the time and place continued to consider an appeal of the Planning Commission's denial of Variance No. 93-11 to construct an off-freeway sign on the Scottish Rite Temple property located between Interstate 215 and Varsity Avenue, on the west side of University Parkway. In a memorandum dated May 19, 1994, Al Boughey, Director of Planning & Building Services, provided a synopsis of the action taken, findings of fact and conditions of approval relative to Variance No. 93-11. In a memorandum dated June 1, 1994, Al Boughey, Director of Planning & Building Services, stated that at the Mayor and Council meeting of May 16, 1994, Variance No. 93-11 was approved in concept and continued to June 6, 1994, to allow staff to prepare positive findings of fact and applicable conditions of approval. Since the meeting of May 16, 1994, it was discovered that the findings of fact and the conditions of approval prepared by Karl Haws on behalf of Hughes Market were not consistent with the application originally submitted to the Department of Planning & Building Services, and have not been provided to the Mayor and Council. The original application noted in the Staff Report dated October 26, 1993, consisted of a 65 foot sign with 338 square feet of sign area per face to include four major tenants and the name of the shopping center. Al Boughey, Director of Planning & Building Services, provided a synopsis of the action taken relative to Variance No. 93-11. Karl N. Haws, Mundell, Odlum & Haws; Attorneys at Law, 275 West Hospitality Lane, Suite 300, San Bernardino, CA, representing the Scottish Rite Temple and Hughes Markets, answered questions regarding the findings of facts which were submitted by his office. A discussion was held regarding the provisions for shopping center identification signs. 18 6-6-94 Mr. Haws explained that changes have been standards since the original application was Department of Planning & Building Services. made to the sign submitted to the Discussion ensued relative to the sign standards being proposed by Hughes Market. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that the Mayor and Council adopt the proposed findings of facts submitted by the applicant and approve Variance No. 93-11 with the modification to the square footage and panels. (Note: There was no vote taken.) A discussion was held regarding the ability to read the sign. Mr. Haws explained that the size of the panels being proposed by Hughes Market are adequate to be read from the freeway. Ed Gardner, Award Sign Company, Irvine, CA, explained that studies were conducted to ensure that the panels were readable. Council Member Hernandez made a substitute motion, seconded by Council Member Pope-Ludlam, that the Mayor and Council adopt the proposed findings of facts submitted by the applicant and approve Variance No. 93-11, subject to the conditions of approval submitted by the applicant. The substitute motion carried by the following vote: Council Members Negrete, Curlin, Hernandez, Pope-Ludlam. Council Members Oberhelman, Devlin, Miller. Nays: None. None. Ayes: Nays: Absent: PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 93-06 CONDITIONAL USE PERMIT NO. 93-27 RESIDENTIAL CARE FACILITY FOR TREATMENT OF DRUG & ALCOHOL ADDICTS - 596 W. 6TH STREET (25) This is the time and place set for a public hearing to consider the approval of General Plan Amendment No. 93 - 06 and Conditional Use Permit No. 93-27 to operate a state licensed 40- patient residential care facility for the treatment of recovering drug and alcohol addicts at 596 W. 6th Street. In a memorandum dated May 19, 1994, Al Boughey, Director of Planning & Building Services, stated that the applicant, Marianne Barklage, is requesting approval of an amendment to the General plan Land Use Map to extend the boundary line for the Commercial Regional (CR-2) Land Use District to include the property at 596 W. 6th Street which is currently zoned Residential Medium (RM) and Conditional Use Permit No. 93-27 to operate a state licensed 40- patient residential care facility for the treatment of recovering drug and alcohol addicts. Because a residential care facility is 19 6-6-94 not permitted within the Residential Medium Land Use District, the applicant requests approval of the proposed general plan amendment to change the property's land use designation to Commercial Regional (CR-2) which would conditionally permit the proposed use. The subject property is located at 596 W. 6th Street at the northeast corner of 6th and up" Streets, and is a 10,442 square foot rectangular shaped parcel of land developed with a 13,381 square foot two-story apartment structure. No on-site parking is available. The immediate area is improved with residential and commercial structures as well as a library and a park with few undeveloped parcels. An identical application was submitted as Conditional Use Permit No. 91-40, and was denied by the Planning Commission at its meeting on June 16, 1992. At its meeting of August 17, 1992, the Mayor and Council upheld the Planning Commission's denial of the application. At its meetings of February 24 and March 24, 1994, the Development Review Committee recommended that approval of General Plan Amendment No. 93-06 and Conditional Use Permit No. 93-27 be referred to the Planning Commission. At the Planning Commission's meeting on March 24, 1994, the Police Department strongly opposed approval of the proposed residential care facility. On May 3, 1994, the Planning Commission recommended that the Mayor and Council deny General Plan Amendment No. 93-06 and Conditional Use Permit No. 93-27. The key issues are as follows: The project proposes to change the land use designation from Residential Medium to Commercial Regional (CR-2) which would allow or conditionally permit the proposed use. Commercial Regional's (CR-2) proposed uses do not require on- site parking which could possibly create a parking deficiency. Commercial Regional's range and intensity uses are not compatible with residential uses and would encroach into the adjacent residential neighborhood. The proposed site is located in the City's downtown area just northwest of the Central Business District. The City is working on numerous revitalization efforts within the downtown area. Consequently, approval of this project would be incompatible with the adjacent residential, institutional and downtown business district uses. The City Police Department referenced in Attachment E of Report dated May 3, 1994. has identified concerns which are the Planning Commission's Staff 20 6-6-94 The proposed amendment to the general plan and the conditional use permit are subject to the California Environmental Quality Act (CEQA) . Separate initial studies have been prepared and were reviewed by the Environmental Review Committee (ERC) at its meeting on February 24, 1994. It was determined that the proposals would not have an adverse impact on the physical environment and the ERC recommended adoption of the negative declarations. The public review was held February 24 through March 24, 1994, and no comments were received. On May 3, 1994, the Planning Commission recommended that the Mayor and Council deny approval of General Plan Amendment No. 93-06 and Conditional Use Permit No. 93-27. COUNCIL MEMBER At 3: 17 P . m. , meeting. POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Mayor Minor opened the hearing. Council Oberhelman made Miller, that the matter be Council Chambers of City Bernardino, California. a motion, continued Hall, 300 seconded by Council Member to July 5, 1994, in the North "D" Street, San The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Miller. Nays: Council Member Hernandez. Absent: Council Member Pope-Ludlam. COUNCIL MEMBER At 3:18 p.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the CITY ATTORNEY PENMAN ARRIVED & CITY ADMINISTRATOR SHAUNA CLARK RETURNED At 3:18 p.m., City Attorney Penman arrived and City Administrator Shauna Clark returned to the Council meeting. SET PUBLIC HEARING JULY 5, 1994 RENTAL HOUSING INSPECTION PROGRAM - SELECT PROGRAM ALTERNATIVE & FUNDING MECHANISM - DISCUSSED EARLIER IN THE MEETING - SEE PAGE 8 (16) This is the time and place continued from earlier in the meeting to discuss setting a public hearing for July 5, 1994 and to consider the proposed alternatives for the implementation of a rental housing inspection program. City Administrator Shauna Clark explained the single family rental business tax and its current applications, and provided a synopsis of Alternatives I, II and III for the implementation of a rental housing inspection program. 21 6-6-94 and CITY ATTORNEY PENMAN EXCUSED At 3:23 p.m., City Attorney Penman left the Council meeting was replaced by Deputy City Attorney Roth. Concern was expressed that the program alternatives did not provide incentives to property owners to maintain their units in a livable condition. CITY CLERK RACHEL CLARK EXCUSED At 3:34 p.m., City Clerk Rachel Clark left the Council meeting and was replaced by Deputy City Clerk Cordova. A discussion was held regarding the proposed program alternatives, the role of property owners and the formation of a task force. CITY CLERK RACHEL CLARK RETURNED At 3:39 p.m., City Clerk Rachel Clark returned to the Council meeting. Gary opposition program. Kirby, 1505 Yardley, San Bernardino, CA, expressed to the implementation of a rental housing inspection Evelyn Kinney, a resident of San Bernardino, CA, spoke in opposition to the implementation of a rental housing inspection program. James Wirth, support for the program. 1980 Sierra Way, implementation of San Bernardino, CA, expressed a rental housing inspection David Schulze, 1st Vice president, San Bernardino Valley, Association of Realtors, 1798 North "D" Street, San Bernardino, CA, requested that a task force be established to examine the available programs and to focus on the needs of the citizens; submitted a letter dated June 6, 1994, which outlines two recommendations for the proposed rental housing inspection program and answered questions concerning the formation of a task force. Ken Henderson, Executive Director, Economic Development Agency /Development Department, answered questions pertaining to the Focus Neighborhood Program. A discussion ensued concerning the formation of the task force, and the possible duplication of services provided by the task force and the Focus Neighborhood Program. Executive Director Henderson stated that it's anticipated that Tim Steinhaus, Agency Administrator of the Economic Development Agency, would be a member of the task force thereby alleviating the duplication of services. 22 6-6-94 Discussion continued regarding the role of the rental housing inspection program and the formation of the task force. Council Member Hernandez made a motion, seconded by Council Member Negrete, that a public hearing be scheduled for 10:00 a.m. on July 5, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, relative to the rental housing inspection program; and that the Mayor proceed with the establishment of the task force. (Note: There was no vote taken.) Discussion continued regarding the composition of the task force. Council Member Oberhelman made a substitute motion, seconded by Council Member Devlin, that the Mayor appoint a task force in the manner referenced in Mr. Schulze's letter dated June 6, 1994, that consideration of the three alternatives presented by the City Administrator be delayed; and that the matter be continued to July 5, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, with directions to the task force to bring forth a specific proposal. (Note: There was no vote taken and the motion was subsequently amended.) Discussion continued regarding the composition of the task force. Council Member Oberhelman amended his substitute motion, seconded by Council Member Miller, and unanimously carried, that a public hearing be set for July 5, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, relative to the rental housing inspection program; and that the Mayor proceed with the establishment of a task force to consider the options available and bring forth its recommendations. RES. 94-130 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MATICH CORPORATION FOR IMPROVEMENT OF TIPPECANOE AVENUE, "c" STREET AND DEL ROSA DRIVE, WITHIN NORTON A.F.B., AND GRANTING A WAIVER OF THE PRESCRIBED MBE/WBE GOALS. (S-2) James Penman, City Attorney, stated that in his campaign for District Attorney, he received campaign contributions from Matich Corporation; therefore, Mr. Ernest Riffenburgh, Gresham, Varner, Savage, Nolan & Tilden, 600 North Arrowhead Avenue, San Bernardino, CA, would be representing the City pro bono. Ernest Riffenburgh, Gresham, Varner, Savage, Nolan & Tilden, 600 North Arrowhead Avenue, San Bernardino, CA, advised the Mayor and Council that the City had received a letter of protest dated June 3, 1994, from John Notardonato, Silvia Construction, Inc., 2209 Arrow Route, Upland, California. 23 6-6-94 Roger Hardgrave, Director of Public Works/City Engineer, answered questions concerning Matich Corporation's good faith effort to comply with the Minority Business Enterprise/Women Business Enterprise (MBE/WBE) program goals. A discussion ensued relative to Matich Corporation's good faith effort to comply with the MBE/WBE program goals. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. John Notardonato, Silvia Construction Inc., 2209 Arrow Route, Upland, CA, expressed opposition to the waiver of the MBE/WBE goals. Robert Matich, Matich Corporation, 3096 Fremontia Drive, San Bernardino, CA, explained that according to Caltrans procedure, a good faith effort needs to be determined prior to proceeding to the next bidder. It was noted that the Matich Corporation meets the City MBE/WBE requirements, and the adoption of said resolution would waive the requirements imposed by the Federal government. Resolution No. 94-130 was adopted by the following Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Ludlam, Miller. Nays: Council Member Hernandez. Absent: vote: Pope- None. ~ RES. 94-131 - RESOLUTION AUTHORIZING AND APPROVING THE BORROWING OF FUNDS FOR FISCAL YEAR 1994-1995; THE ENTERING INTO AN AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT; THE ISSUANCE AND SALE OF A 1994-1995 TAX AND REVENUE ANTICIPATION NOTE THEREFOR AND PARTICIPATION IN THE CALIFORNIA COMMUNITIES CASH FLOW FINANCING PROGRAM. (S-l) City Administrator Shauna Clark explained that the adoption of said resolution would allow the City to participate in a pooled tax and revenue anticipation note (TRAN) financing program for fiscal year 1994/95. The City in turn would borrow money from its anticipated property tax revenue which could be invested and bring about an anticipated net earnings of $80,000 for fiscal year 1994/95. Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 94-131 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. 24 6-6-94 COUNCIL CHAMBERS SECURITY DISCUSS ACTION - COUNCIL MEMBER CURLIN & TAKE POSSIBLE (S-4) In a memorandum dated June 1, 1994, Council Member Curlin requested that the Mayor and Council discuss and take possible action regarding Council Chambers security. In a memorandum dated June 2, 1994, Diane Roth, Deputy City Attorney, stated that she researched whether discussion of this matter could take place in closed session; and advised that discussion should be held in open session because it is not foreseeable that any possible security threat would exist in the Council Chambers. Council Member Curlin made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the matter be continued to July 5, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECESS MEETING At 5:24 p.m., Mayor Minor declared a ten-minute recess. RECONVENE MEETING At 5:36 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: None. CITY ATTORNEY AUDIT - IMPLEMENTATION PLAN - REFERRAL BY PERSONNEL COMMITTEE CONTINUED FROM MAY 2, 1994 DISCUSSED EARLIER IN THE MEETING - SEE PAGE 12 (22) This is the time and place continued from earlier in the meeting to consider the referral by the Personnel Committee that the Mayor and Council review the implementation plan for the City Attorney's audit. A discussion was held regarding the actions taken as a result of the Harvey Rose Management Audit of the City Attorney's Office, and the continuance of said item. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that the matter be continued to June 20, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 25 6-6-94 council Member Devlin withdrew his second. The motion failed for lack of a second. Discussion continued regarding the findings of the management audit of the City Attorney's office, and the investigation conducted by the Big Independent Cities Excess Pool (BICEP). Council Member Oberhelman made a motion, seconded Member Devlin, and unanimously carried, that the continued to June 20, 1994, in the Council Chambers of 300 North "D" Street, San Bernardino, California. by Council matter be City Hall, CITY ADMINISTRATOR SHAUNA CLARK EXCUSED At 6:08 p.m., City Administrator Shauna Clark left the Council meeting. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 6:08 p.m., Chairman Minor called the regular meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. PUBLIC HEARING - CENTRAL POLICE STATION FINANCING (R-5) In a memorandum dated May 26, 1994, Kenneth Henderson, Executi ve Director, Economic Development Agency /Development Department, stated that the adoption of the proposed resolution would facilitate the provision of ten million dollars ($10,000,000) in tax allocation bond proceeds necessary to build the central police station; and also complies with Health & Safety Code Section 33679 concerning the use of agency revenues in the assistance of the acquisition and construction of the central police station. Chairman Minor opened the hearing. RES. 94-132 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF A POLICE STATION FACILITY TO STATE COLLEGE PROJECT NO.4. (R-5) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the hearing be closed. A discussion ensued regarding the financing mechanism for the central police station. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. 26 6-6-94 Resolution No. 94-132 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Pope- Ludlam, Miller. Nays: None. Abstain: Council Member Hernandez. Absent: None. EMPOWERMENT APPLICATION ZONES ENTERPRISE COMMUNITIES GRANT (R-7) In a memorandum dated June 1, 1994, Kenneth Henderson, Executi ve Director, Economic Development Agency/Development Department, stated that a new Federal program has been developed which is known as the Empowerment Zones/Enterprise Communities competition. Though still in the initial stages, it promises to become the cornerstone of Federal efforts to assist distressed neighborhoods. There will be two classifications of awards: Empowerment Zones and Enterprise Communities. The Empowerment Zone has the largest grant, and would probably be given to large cities such as New York, Chicago and Los Angeles. It is likely that San Bernardino would be eligible to receive an Enterprise Communities grant. The United States Department of Housing & Urban Development (HUD) will award six (6) Urban Empowerment Zones and sixty-five (65) Urban Enterprise Communities grants. Staff has identified a zone and verified that it can meet minimum HUD eligibility criteria. Many Federal grant opportunities from the past involved relatively narrow and specific goals; however, the Empowerment Zones/Enterprise Communities concept differs in two important areas. First, it is as much a social services program as it is an economic development effort. As such, while jobs-producing economic development components would certainly playa role, equally important would be approaches for addressing such matters as crime prevention, adult literacy, job skills training, substance abuse problems, public health, neighborhood beautification, child welfare, housing rehabilitation, school dropout rates, infrastructure improvements and other worthwhile endeavors. Secondly, rather than having a narrow focus or goals, the program is holistic in its approach. The core of the application would be what is know as a "strategic plan". In essence, it would be an interlocking and realistic grouping of solutions to the various problems which underlie the proposed Enterprise Community and which have been formulated by a coalition of concerned citizens and organizations. Effective innovation and leveraging of grant monies would be an important application evaluation criteria. The Empowerment Zone grants total one hundred million dollars ($100,000,000), and the Enterprise Communities grant is substantially less. Nonetheless, the City could benefit from an Enterprise Community designation. The material awards would include nearly $3 million in Title XX Community services Block Grant Funds, access to a special category of tax-exempt financing and consideration for special waivers from other Federal 27 6-6-94 requirements. While the programmatic commitment, monitored by the State, would be for ten (10) years, the entire grant would be distributed within the first two (2) years. The Empowerment Zones/Enterprise Communities program provides an opportunity to obtain Federal funding for projects in San Bernardino's most distressed neighborhoods. These include both the downtown and west side communities. Area residents and organizations have prepared a set of programs/proposals for dealing with the most predominant needs of the subject areas. Staff is preparing a strategic plan for coordinating the disparate programs into a harmonious, smoothly-functioning overall approach. The requested actions would authorize the execution and submission of the required documentation, and provide a funding commitment which would strengthen the competitive position of the City's application. A discussion ensued regarding the allocation of $300,000 as a local match for the grant application. Ken Henderson, Executive Director, Economic Development Agency/Development Department, answered questions regarding the allocation of funds, and the application for the Empowerment Zones/Enterprise Communities program. Council Member Pope-Ludlam made a motion, seconded by Council Member Negrete, that the Mayor and Council and the Community Development Commission authorize the execution of a Nominating Local Governments Responsibilities Agreement, between the City of San Bernardino and the State of California; authorize the execution of an application from (HUD-40003) for the nomination of an area for Empowerment Zones/Enterprise Communities status; approve the submission of a yet-to-be developed strategic plan, a critical component of an Empowerment Zones/Enterprise Communities application package; and that the Mayor and Council approve an appropriation of $300,000 in funding to assist in the implementation of Empowerment Zones/Enterprise Communities programs and activities, subject to receipt of a Federal zone designation; and that the Economic Development Agency's budget be increased accordingly. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Devlin, Pope-Ludlam, Nays: Council Member Oberhelman. Absent: None. Council Miller. 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-10) 28 6-6-94 Council Member Curlin made a motion, seconded by Council Member Hernandez, and unanimously carried, that the matter be continued to August 1, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California; and that staff be directed to issue a Request for Proposals (RFP) for the San Marcos Improvement Project area. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At this time, the Mayor and Common Council, acting as the Community Development Commission, took action on Community Development Commission items. COUNCIL MEMBER At 7:05 p.m., meeting. POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council CLOSED SESSION ACTION (l) Senior Assistant City Attorney Barlow announced that in closed session, the Council unanimously approved a settlement in the amount of $34,221.39 relative to the following litigation: Borunda vs. Citv of San Bernardino Superior Court Case No. 02045. San Bernardino ADJOURNMENT (26) At 7: 10 p. m., the regular meeting of the Mayor and Common Council adjourned to Wednesday, June 8, 1994, at 7:00 p.m., in the Sturges Auditorium, 780 North "E" Street, San Bernardino, California. RACHEL CLARK City Clerk v By: ,--. L ..1 anna Cordova uty City Clerk No. of Items: 45 No. of Hours: 9 29 6-6-94