HomeMy WebLinkAbout07-18-1994 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
REGULAR MEETING
JULY 18, 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 8:03 a.m., Monday, July 18, 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, Miller; City
Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council
Member Pope-Ludlam.
ANNOUNCEMENT - CITY ATTORNEY PENMAN - DISCUSSED LATER IN
THE MEETING - SEE PAGE 20 (3)
City Attorney Penman announced that because the matter of conferring with the Chief
of Police on matters posing a threat to the security of public buildings, or a threat to the public's
right of access to public services or public facilities, pursuant to Government Code Section
54957 was not on the agenda, that Item #25 to discuss and take possible action regarding
Council Chambers security could not be discussed in closed session.
RECESS MEETING - CLOSED SESSION
At 8:03 a.m., the Mayor and Common Council
Commission recessed to closed session for the following:
(1)
and Community Development
1. Pursuant to Government Code Section 54956.9(a):
(A) Conference with legal counsel - existing litigation:
(I) Marvanne Johnson vs. City of San Bernardino - United States District
Court Case No. SACV 922-575 GLT;
(2) Judv Kav DeVries vs. County of San Bernardino - San Bernardino
Superior Court Case No. 261909;
(3) Marianne Barklage vs. City of San Bernardino - HUD Case No.
099422808;
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(4) Janet Summerfield vs. City of San Bernardino - United States District
Court Case No. SACV 91-731 AHS (RWR).
(B) Conference with legal counsel - anticipated litigation:
(1) Significant exposure to litigation pursuant to Subdivision (b) of
Government Code Section 54956.9.
CLOSED SESSION
At 8:03 a.m., Mayor Minor called the closed session to order in the conference room of
the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor
Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller; City
Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council
Member Pope-Ludlam.
Also present: Senior Assistant City Attorney Morillo, and Bonnie Greenleaf, Legal
Secretary, City Attorney's Office.
COUNCIL MEMBER POPE-LUDLAM ARRIVED
At 8:09 a.m., Council Member Pope-Ludlam arrived at the closed session.
READING OF RESOLUTIONS & ORDINANCES
Deputy City Clerk Vale read the titles of all the resolutions and ordinances on the
regular, supplemental, addendum to the supplemental, and Community Development
Commission agendas while the Council was in closed session.
ADJOURN CLOSED SESSION
At 8:20 a.m., the closed session recessed to 9:00 a.m., in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
RECONVENE MEETING
At 9:03 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; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark.
Absent: None.
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INVOCATION
The invocation was given by Council Member Pope-Ludlam.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Oberhelman.
PRESENTATION - CIVIC LIGHT OPERA - YOUTH PROGRAM - JESUS
CHRIST SUPERSTAR (2)
Jean Anderson, Executive Director, Cultural and International Affairs, Mayor's Office,
introduced the cast from the Civic Light Opera's Youth Program. The cast performed a musical
number from the Jesus Christ Superstar program to be held Friday, August 5, through Sunday,
August 7, 1994 at the California Theater.
APPOINTMENT - DR. HAROLD CHANDLER - ANIMAL ADVISORY
COMMISSION - COUNCIL MEMBER OBERHELMAN (S-l)
In a memorandum dated July 12, 1994, Mayor Minor recommended the appointment of
Dr. Harold Chandler, 5424 Prado Court, San Bernardino, CA, to the Animal Advisory
Commission.
Council Member Miller made a motion, seconded by Council Member Hernandez, and
unanimously carried, that the appointment of Dr. Harold Chandler, to the Animal Advisory
Commission, as requested by Council Member Oberhelman, be approved.
COMMENDATIONS - J. WILLARD MONNINGER
(2-A)
J. Lorraine Velarde, Executive Assistant to the Mayor, and Ernest Wilson, Affirmative
Action Officer, Mayor's Office, read commendations to J. Willard Monninger for his many
years of dedicated volunteer service to the City. Also, Janice Loutzenheiser, representing the
San Bernardino Equal Opportunity Committee, presented Mr. Monninger with a plaque
commending him for his many years of dedicated volunteer service to the San Bernardino Equal
Opportunity Committee.
Mr. Monninger accepted the commendations.
PRESENTATION - KIDS AGAINST CRIME
(2-B)
Catherine Anderson, Program Director, Kids Against Crime, 119 East Highland Avenue,
San Bernardino, CA, presented Mayor Minor with the President's Cup trophy for the City's
support of the program.
Mayor Minor accepted the President's Cup on behalf of the City.
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SERVICE PIN AWARD CEREMONY
(2-C)
J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of employees
receiving service pin awards.
Each employee received a service pin from Mayor Minor in gratitude of his/her many
years of dedicated service to the City.
ANNOUNCEMENT - COUNCIL MEMBER NEGRETE (3-A)
Council Member Negrete expressed gratitude and support for the volunteer efforts to
clean up graffiti in the community.
ANNOUNCEMENT - COUNCIL MEMBER CURLIN (3-B)
Council Member Curlin expressed gratitude to Mayor Minor for his leadership efforts
on behalf of the City in recent closed session discussions.
ANNOUNCEMENT - CITY ATTORNEY PENMAN
(3-C)
City Attorney Penman explained that it was a violation of the Brown Act, and therefore
inappropriate, for comments to be made regarding specific actions taken in closed session.
ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ (3-D)
Council Member Hernandez expressed gratitude to the City residents who participated
in the Downtown Forum at the Court Street Square on Friday, July 15, 1994, to discuss ways
to revitalize the downtown, and pledged to work toward revitalizing the downtown area.
ANNOUNCEMENT - COUNCIL MEMBER DEVLIN (3-E)
Council Member Devlin expressed gratitude to State Assemblyman Brulte for his efforts
in securing an additional $900,000 in funding for San Bernardino County schools.
ANNOUNCEMENT - COUNCIL MEMBER POPE-LUDLAM (3-F)
Council Member Pope-Ludlam commended Mayor Minor for his leadership efforts on
behalf of the City in recent closed session discussions.
ANNOUNCEMENT - COUNCIL MEMBER MILLER (3-G)
Council Member Miller recommended that a written legal opinion be obtained from the
State Attorney General relative to open session announcements being made on closed session
actions.
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ANNOUNCEMENT - CITY ATTORNEY PENMAN
(3- H)
City Attorney Penman explained that the Brown Act stipulates what information can be
announced in open session regarding closed session actions, and that it is unlawful to discuss
comments made in closed session. He stated that it is a violation of the Brown Act to continue
a matter in an effort to preclude public comments from certain individuals. Mr. Penman
expressed concern regarding the deterioration of decorum at the council meetings; and explained
that the lawsuit filed by four taxpayers to force the City to reinstate the two Investigator
positions in the City Attorney's Office was not against the City and Mayor, but only the Council
Members. He stated that the Mayor and Council do not have authority over the City Attorney's
Office, and that he would manage his office in the manner he felt appropriate.
ANNOUNCEMENT - MAYOR MINOR
(3-1)
Mayor Minor directed City staff to coordinate with the County of San Bernardino
Probation Department in developing an avenue for juvenile offenders and their parents to
perform restitution work in lieu of paying for graffiti cleanup.
PUBLIC COMMENTS - GARY KIRBY
(4)
Gary Kirby, 1505 Yardley, San Bernardino, CA, requested clarification and expressed
concern regarding the Mayor and Council prohibiting individuals from making public comments
on matters that have been discussed at a standing council committee.
PUBLIC COMMENTS - JEFF WRIGHT
(4-A)
Jeff Wright, P. O. Box 2341, San Bernardino, CA, stated that it is a violation of the
Brown Act for the Mayor and Council to prohibit individuals from making public comments on
matters that have been discussed at a standing council committee.
PUBLIC COMMENTS - CAROLYN WILLIAMS
(4-B)
Carolyn Williams, 1808 Genevieve Street, San Bernardino, CA, expressed concern
regarding the lack of decorum at recent Council meetings.
CLAIMS AND PAYROLL
(12)
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 July 5, 1994, from the Finance Director, be approved.
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PERSONNEL ACTIONS
(13)
Council Member Oberhelman made a motion, seconded by Council Member Hernandez,
and unanimously carried, that the personnel actions submitted by the Chief Examiner dated July
7, 1994, in accordance with the Civil Service Rules and Personnel Policies adopted by the
Mayor and Common Council of the City of San Bernardino, be approved and ratified.
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES
(5)
Council Member Hernandez made a motion, seconded by Council Member Oberhelman,
and unanimously carried, that full reading of the resolutions and ordinances on the regular,
supplemental, addendum to the supplemental, and Community Development Commission
agendas, be waived.
COUNCIL MINUTES
(6)
City Administrator Shauna Clark explained that in response to a lawsuit the June 24,
1994 minutes were submitted in draft form to the Court since they had not been approved by the
Mayor and Council.
Discussion ensued regarding the procedure utilized by the City Clerk's Office for
preparing minutes of meetings of the Mayor and Common Council.
Gary Kirby, 1505 Yardley, San Bernardino, CA, requested clarification on the process
used by the City Clerk's Office to prepare minutes of Mayor and Council meetings.
Jeff Wright, P. O. Box 2341, San Bernardino, CA, requested confirmation that the
Mayor and Council have read the minutes and would stipulate that they are accurate.
City Administrator Shauna Clark explained that the Mayor and Council confirms the
accuracy of the minutes by approving them; and recommended that Mr. Wright direct his
questions to specific concerns he may have with the minutes.
Council Member Hernandez made a motion, seconded by Council Member Devlin, and
unanimously carried, that the minutes of the following meetings of the Mayor and Common
Council of the City of San Bernardino be approved as submitted in typewritten form: June 8,
1994, June 22, 1994, June 24, 1994, June 27, 1994, and June 28, 1994.
INSTALL MONUMENT SIGN - TRANSFER FUNDS - $7,500 - PIONEER
CEMETERY (7)
In a memorandum dated June 27, 1994, Roger Hardgrave, Director of Public Works/City
Engineer, stated that the parcel on the northwest corner of W aterman Avenue and 7th Street has
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been improved as part of the expansion of Pioneer Cemetery. A monument sign is necessary
to indicate that this parcel is part of Pioneer Cemetery. The proposed transfer of $7,500 from
the "Undesignated Fund Balance/Equity" Account would provide the necessary funding for
installation of the monument sign.
Jeff Wright, P. O. Box 2341, San Bernardino, CA, requested clarification as to the
location of the sign.
Shauna Clark, City Administrator, explained that the monument sign reads Pioneer
Memorial Cemetery, and that the sign would be installed diagonally to be viewed from both 7th
Street and Waterman Avenue.
Council Member Hernandez made a motion, seconded by Council Member Oberhelman,
and unanimously carried, that the transfer of $7,500, from Account No. 244-364-30405,
"Undesignated Fund Balance," to Account No. 244-364-57675, "Land Acquisition &
Improvement," be approved to provide funds to finance the costs for installation of a monument
sign for Pioneer Cemetery.
RES. 94-189 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND
COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AMENDMENT
TO THE CONTRACT WITH THE COUNTY OF SAN BERNARDINO
DEPARTMENT OF AGING AND ADULT SERVICES RELATING TO THE
SENIOR NUTRITION PROGRAM FOR THE PERIOD OF JULY I, 1993
THROUGH JUNE 30, 1994 TO INCLUDE A ONE-TIME GRANT OF FUNDS
IN THE AMOUNT OF $14,298 TO MEET THE INCREASED COSTS FOR
INCREASING THE NUMBER OF CONGREGATE MEALS TO BE SERVED
IN FY 1993/94. (8)
Council Member Hernandez made a motion, seconded by Council Member Oberhelman,
that said resolution be adopted.
Resolution No. 94-189 was adopted by the following vote: Ayes: Council Members
Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent:
None.
RES. 94-190 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND
COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT
WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
RELATING TO THE DELIVERY OF TYPE A LUNCHES AND SCHEDULE
B SNACKS TO CITY'S DELMANN HEIGHTS HEAD START CENTER.
(9)
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Council Member Hernandez made a motion, seconded by Council Member Oberhelman,
that said resolution be adopted.
Jeff Wright, P. O. Box 2341, San Bernardino, CA, requested clarification on the type
of lunches and snacks being provided to the children at the Delmann Heights Head Start Center.
Resolution No. 94-190 was adopted by the following vote: Ayes: Council Members
Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent:
None.
RES. 94-191 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND H & H CITRUS INC. RELATING TO
DISCING OF VACANT PROPERTIES FOR WEED ABATEMENT
PURPOSES. (See Related Item #11) (10)
Council Member Negrete made a motion, seconded by Council Member Oberhelman,
that said resolution be adopted.
Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed concern regarding the cost
of weed abatement services, and expressed opposition to the removal of native plants.
Resolution No. 94-191 was adopted by the following vote: Ayes: Council Members
Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent:
None.
RES. 94-192 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND DARREL BARBARlCK RELATING TO
DISCING OF VACANT PROPERTIES FOR WEED ABATEMENT
PURPOSES. (See Related Item #10) (11)
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, expressed concern regarding the cost
of weed abatement services, and expressed opposition to the removal of native plants.
Resolution No. 94-192 was adopted by the following vote: Ayes: Council Members
Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent:
None.
PUBLIC HEARING - IMPOSING LIENS ON PROPERTY - UNCOLLECTED
BUSINESS REGISTRATION FEES (14)
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This is the time and place set for a public hearing to consider imposing liens on real
property located within the City of San Bernardino for uncollected business registration fees for
the renting or leasing of dwelling units.
In a memorandum dated June 30, 1994, Rachel Clark, City Clerk, requested
authorization to impose liens on parcels of property for uncollected business registration fees.
Mayor Minor opened the hearing.
RES. 94-193 - RESOLUTION OF THE CITY OF SAN BERNARDINO
IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY
LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR
UNCOLLECTED BUSINESS REGISTRATION FEES. (14)
Council Member Oberhelman made a motion, seconded by Council Member Miller, that
the hearing be closed; and that said resolution be adopted. (Note: There was no vote taken.)
Jeff Wright, P. O. Box 2341, San Bernardino, CA, voiced opposition to imposing liens
on property for uncollected business registration fees.
Council Member Oberhelman made a substitute motion, seconded by Council Member
Hernandez, that the hearing be closed.
The substitute motion carried by the following vote:
Curlin, Hernandez, Oberhelman, Devlin, Miller. Nays:
Absent: None.
Ayes: Council Members Negrete,
Council Member Pope-Ludlam.
Council Member Oberhelman made a motion, seconded by Council Member Hernandez,
that said resolution be adopted.
Resolution No. 94-193 was adopted by the following vote: Ayes: Council Members
Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller. Nays: Council Member Pope-
Ludlam. Absent: None.
PUBLIC MEETING - ASSESSMENT DISTRICT NO. 1012 - CONFIRM
FISCAL YEAR 1994/95 ASSESSMENT ROLL - POPLAR, MILL & BURNEY
STREETS - LANDSCAPING MAINTENANCE (15)
This is the time and place set for a public meeting to confirm the Fiscal Year 1994/95
Assessment Roll for Assessment District No. 1012 for maintenance oflandscaping along portions
of Poplar, Mill and Burney Streets.
In a memorandum dated June 27, 1994, Roger Hardgrave, Director of Public Works/City
Engineer, stated that pursuant to Chapter 12.90 of the Municipal Code and the Brown Act, a
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public meeting and public hearing are scheduled for July 18, 1994, and August 15, 1994, to hear
protests on the first assessments for Assessment District No. 1012. No action can be taken on
the protests at this time, and the protests are to be carried over to the public hearing scheduled
for August 15, 1994. Notices were mailed to affected property owners, stating the amount of
the assessment, and the dates, times and location of the public meeting and public hearing. The
cost of the proceedings to establish the district is $4,181.60, and would be paid from the deposit
made by the developer. The first year's maintenance contract is estimated to be $11,060, and
would be assessed up-front as provided for in the Resolution of Intention, for a total cost of
$15,241.60.
Mayor Minor opened the public meeting.
Gary Kirby, 1505 Yardley, San Bernardino, CA, asked if any protests were received.
City Clerk Rachel Clark stated that at this time, no protests have been received by the
City Clerk's Office.
Jeff Wright, P. O. Box 2341, San Bernardino, CA, asked if the money could be used for
any other purpose other than landscaping within the district.
RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE
FIRST ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1012, FOR
THE MAINTENANCE OF LANDSCAPING ALONG PORTIONS OF POPLAR
STREET, MILL STREET AND BURNEY STREET, IN THE CITY OF SAN
BERNARDINO, AND APPROVING ASSESSMENT DIAGRAM MAP NO.
1012. (15)
Council Member Oberhelman made a motion, seconded by Council Member Pope-
Ludlam, and unanimously carried, that the public meeting relative to the first assessments for
Assessment District No. 1012, be closed, and the protests, if any, be carried over to the public
hearing scheduled for August 15, 1994, in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
CHANGE ORDER NO. FOUR - INSTALL ADDITIONAL CONDUIT &
WIRING - INTERCONNECT & MODIFY TRAFFIC SIGNALS - VARIOUS
LOCATIONS - COST NOT-TO-EXCEED $56.000 - CENTRAL BUSINESS
DISTRICT - SUPERIOR SIGNAL SERVICE (16)
In a memorandum dated July 6, 1994, Roger Hardgrave, Director of Public Works/City
Engineer, stated that the plans for modification of traffic signals in the Central Business District
direct the contractor to install pedestrian signals and push buttons to regulate the flow of
pedestrian traffic, which would require additional conductors to be installed into the conduits to
power these pedestrian signals. There are seventeen conduits where the contractor is unable to
remove the existing conductors. Therefore, it is necessary for the contractor to install new
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conduits and conductors at these seventeen locations at a cost not to exceed $56,000.
Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired about the locations for the
installation of pedestrian signals and push buttons.
Council Member Oberhelman made a motion, seconded by Council Member Hernandez,
and unanimously carried, that Change Order No. Four to the contract with Superior Signal
Service, for modification of traffic signals in the Central Business District, be approved, to
authorize the installation of additional conduit and wiring at various locations, at a cost not-to-
exceed $56,000; for an increase in the contract price from $706,878 to $762,878.
RES. 94-194 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ADOPTING THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM
(1995/99) FOR MEASURE "In LOCAL EXPENDITURES. (17)
Jeff Wright, P. O. Box 2341, San Bernardino, CA, urged the Mayor and Council to
establish a citizens committee to establish priorities for the funding of capital improvement
projects.
Council Member Oberhelman made a motion, seconded by Council Member Hernandez,
that said resolution be adopted.
Resolution No. 94-194 was adopted by the following vote: Ayes: Council Members
Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent:
None.
RES. 94-195 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO IC & E CONTRACTORS, INC. FOR
INSTALLATION OF A STORM DRAIN AND PAVING ON PEPPER
AVENUE, FROM RlALTO AVENUE TO EAST RlALTO CHANNEL.
(18)
Council Member Oberhelman made a motion, seconded by Council Member Hernandez,
that said resolution be adopted.
Resolution No. 94-195 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 15.72 OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO FLOOD CONTROL MEASURES. First (19)
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Council Member Hernandez made a motion, seconded by Council Member Devlin, and
unanimously carried, that the matter be tabled.
REFERENDUM PETITION TO REPEAL ORDINANCE MC-905 - NO-
SMOKING ORDINANCE - SEE RELATED ITEMS #21 & #AS-l (20)
In a memorandum dated July 7, 1994, Rachel Clark, City Clerk, stated that pursuant to
Section 121 of the City Charter, members of an organization called "We, The People" initiated
a referendum petition protesting the passage of Ordinance MC-905 adopted June 6, 1994.
Charter Section 121 requires that a referendum petition be signed by electors of the City equal
in number to at least 30 % of the entire votes cast for all candidates at the last Mayoral election,
and that the petition be filed within thirty days. The last Mayoral election took place in May,
1993, and a total of 18,056 votes were cast for Mayoral candidates. Thirty percent (30%) of
that number is 5,417, which was the minimum number of signatures required for the referendum
petition initiated by We, The People.
The deadline for filing the referendum petition was July 6, 1994. We, The People, filed
the petition, stating that the required number of signatures were not obtained, and requested that
the petition be accepted for filing as a matter of public record. The City Clerk's Office tallied
the total number of signatures, and determined that the referendum petition was signed by 4,859
registered voters, 558 signatures short of the 5,417 required. A review of 100 signatures
showed that 18 out of a random 100 signatures were non-City residents.
Council Member Hernandez made a motion, seconded by Council Member Oberhelman,
and unanimously carried, that the report from City Clerk Rachel Clark regarding the referendum
petition to repeal Ordinance MC-905, be received and filed.
ORDINANCE MC-905 - NO-SMOKING ORDINANCE - COUNCIL MEMBER
DEVLIN - DISCUSS & TAKEN POSSIBLE ACTION - SEE RELATED ITEMS
#20 & #AS-l (21)
In a memorandum dated July 8, 1994, Council Member Devlin stated that the number
of citizens who signed the referendum petition in an attempt to prohibit Ordinance MC-905, the
no-smoking ordinance, from taking effect sends a message regarding the Council's responsibility
to represent the will of the people. The number of signatures received on the referendum
petition is approximately one-third (1/3) of the number of persons who voted in the last mayoral
election.
In a memorandum dated July 14, 1994, Rachel Clark, City Clerk, stated that as a result
of Ordinance MC-905, the no-smoking ordinance, which took effect on July 7, 1994, the City
Clerk's Office has received over one hundred phone calls requesting information related to the
ordinance. These inquiries have covered a range of questions such as: when the ordinance takes
effect; interpretation of the ordinance; who would enforce it; protesting the ordinance; and
requesting copies of the ordinance. Required legal notice of the ordinance has been published.
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Based on the calls received, if the Mayor and Council decide to provide some type of citywide
notice, the cost for sending a mailer to 5,500 businesses and producing three display ads in the
newspapers is estimated at $8,857; however, that figure can be reduced if only the display ads
are run in three local newspapers, at an approximate cost of $1,512.
Council Member Devlin made a motion, seconded by Council Member Oberhelman, that
the Mayor and Common Council reconsider the adoption of Ordinance No. MC-905, amending
Chapter 8.72 of the Municipal Code, relating to smoking.
The motion carried by the following vote: Ayes: Council Members Negrete,
Oberhelman, Devlin, Miller. Nays: Council Members Curlin, Hernandez, Pope-Ludlam.
Absent: None.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 8.72 OF THE MUNICIPAL CODE RELATING TO SMOKING.
(See Related Items #20 & #21) First (AS-I)
Council Member Devlin made a motion, seconded by Council Member Oberhelman, that
the Mayor and Common Council discuss and take possible action to repeal Ordinance No. MC-
905, and to reaffirm Section 8.72 existing prior to July 7, 1994; and that said ordinance be laid
over for final adoption. (Note: The motion was subsequently amended, and the vote was taken
after discussion.)
Discussion ensued regarding the merits for reconsidering MC-905, the no-smoking
ordinance adopted on June 6, 1994, that became effective on July 7, 1994.
Concern was expressed regarding the number of complaints that have been received by
staff regarding the ordinance, and the number of residents who signed the referendum petition
urging the repeal of MC-905.
Discussion ensued regarding Assembly Bill 13 (AB 13) the state-wide no-smoking ban;
which Department would be responsible and the means for enforcement of violations ofMC-905,
the differences between the previously existing no-smoking ordinance and Ordinance MC-905;
and the health hazards of second hand smoke.
Concern was expressed regarding the confusion in the business community regarding the
provisions of MC-905, the merits of the City having a more restrictive no-smoking ordinance
than surrounding cities, and how the ordinance impacts businesses in a very competitive
economy.
Discussion ensued regarding the need for the City to regulate smoking in public places
as a health and safety issue, and how the health and safety concerns should be balanced against
the competitive business environment.
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Council Member Devlin made a substitute motion, seconded by Council Member Miller,
that the Mayor and Common Council discuss and take possible action to repeal Ordinance No.
MC-905, and to reaffirm Section 8.72 existing prior to July 7, 1994; and that said ordinance be
laid over for final adoption, with the deletion of the ninety (90) day effective clause. (Note:
The vote was taken after discussion.)
Concern was expressed regarding the health hazards posed by second hand smoke.
City Attorney Penman expressed concern regarding the ability of the City Attorney's
Office to enforce the no-smoking ordinance because of its limited staff resources.
Discussion ensued regarding the need to have a no-smoking ordinance that would attempt
to modify the behavior of an individual to enhance the health and safety of the population as a
whole; how Ordinance MC-905 would be enforced; and the negative financial impact that MC-
905 has had on local businesses.
Kay Adkins, 505 North Arrowhead Avenue, Suite #500, San Bernardino, CA, voiced
support for Ordinance MC-905; and presented to City Clerk Rachel Clark an informal survey
conducted at local restaurants of twenty-five individuals regarding the no-smoking ordinance.
CITY ATTORNEY PENMAN EXCUSED
At II: II a.m., City Attorney Penman left the Council meeting and was replaced by
Senior Assistant City Attorney Barlow.
The following individuals expressed support for Ordinance MC-905:
Bill Harrison, 4675 Woodbend Lane, San Bernardino, CA.
Laurie Tully-Payne, Behavioral Health Institute, California State University, San
Bernardino, 5500 University Parkway, San Bernardino, CA.
CITY ATTORNEY PENMAN RETURNED
At 11:19 a.m., City Attorney Penman returned to the Council meeting.
Carolyn Williams, 1808 Genevieve Street, San Bernardino, CA.
John Coleman, Chairperson, American Cancer Society, Inland Empire Unit, 1596 West
8th Street, San Bernardino, CA.
Chris GiIe, 301 East Baseline, San Bernardino, CA.
Marion Faulkner, 1288 North "D" Street, San Bernardino, CA.
Esther Jimenez, 1542 West Union, San Bernardino, CA.
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7/18/94
Chris Ellis, 1505 Northpark Boulevard, San Bernardino, CA.
Garland Worley, 11212 Bellaire, Lama Linda, CA.
Paul Pancucci, 466 West 4th Street, San Bernardino, CA.
The following individuals voiced opposition to MC-905:
Gary Kirby, 1505 Yardley, San Bernardino, CA.
Lee Greenfield, 299 West Orange Show Road, San Bernardino, CA.
John Thur, 3936 North Golden, San Bernardino. CA.
Edward Sather, 119 West 43rd Street, San Bernardino, CA.
Hank Plotkin, representing the San Bernardino Area Chamber of Commerce, 546 West
6th Street, San Bernardino, CA.
Larry Van Stripen, 1483 East Lynwood, San Bernardino, CA.
An unidentified individual.
Jeff Wright, P. O. Box 2341, San Bernardino, CA.
Stephen Sutherland, 426 West Baseline, San Bernardino, CA.
Diane Garlock, 808 West Third Street, San Bernardino, CA.
Rachel Clark, City Clerk, stated that three letters opposing MC-905 have been received
from Myra Elder, 2350 Arrowhead Avenue, San Bernardino, CA; Kenneth Klosson, 408 East
16th Street, San Bernardino, CA; and C. R. Shipley, Ph.D., 372 West 16th Street, San
Bernardino, CA.
The substitute motion failed by the following vote: Ayes: Council Members
Oberhelman, Devlin, Miller. Nays: Council Members Curlin, Hernandez, Pope-Ludlam.
Abstain: Council Member Negrete. Absent: None.
There was no further action taken on this matter during this meeting.
RECESS MEETING
At 12:11 p.m., Mayor Minor recessed the meeting until 2:00 p.m., in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
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7/18/94
RECONVENE MEETING
At 2:04 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common
Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "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;
Deputy City Attorney Empeno, City Clerk Rachel Clark. Absent: Council Member Miller;
City Administrator Shauna Clark.
DEVELOPMENT AGREEMENT NO. 93-01 & VARIANCE NO. 93-07 -
STUBBLEFIELD ACCESS AGREEMENT - CONTINUED FROM JUNE 20,
1994 (28)
This is the time and place continued to for consideration of Development Agreement No.
93-01 and Variance No. 93-07 relative to the Stubblefield Access Agreement.
In a memorandum dated July 12, 1994, AI Boughey, Director of Planning and Building
Services, requested that the matter be continued without discussion to August I, 1994.
In a letter dated July 18, 1994, Warner and Aaron Hodgdon, Heart Bar Ranch,
Arrowhead Springs, P. O. Box 2146, San Bernardino, CA, requested that the matter be
continued without discussion to August I, 1994.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF DEVELOPMENT AGREEMENT NO. 93-01. (Continued
from June 20, 1994) (28)
Council Member Oberhelman made a motion, seconded by Council Member Devlin, and
unanimously carried, that the matter be continued without discussion to August I, 1994, in the
Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
DEVELOPMENT CODE AMENDMENT NO. 94-01 -
ORIENTED BUSINESSES IN INDUSTRIAL LIGHT,
DESIGNATION
ALLOW ADULT
IL, LAND USE
(29)
In a memorandum dated July II, 1994, Al Boughey, Director of Planning and Building
Services, requested that the matter be continued, without opening the public hearing, to August
1, 1994, because proper legal notification was not published in the local newspaper.
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7/18/94
Council Member Hernandez made a motion, seconded by Council Member Oberhelman,
and unanimously carried, that Development Code Amendment No. 94-01 be continued to August
I, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino,
California, because proper legal notification was not published in the local newspaper.
DEVELOPMENT CODE AMENDMENT NO. 94-02 - REMOVE BUILDING
HEIGHT RESTRICTION OF 150 FEET IN COMMERCIAL REGIONAL
(DOWNTOWN), CR-2, LAND USE DISTRICT (30)
In a memorandum dated July 11, 1994, AI Boughey, Director of Planning and Building
Services, requested that the matter be continued, without opening the public hearing, to August
I, 1994, because proper legal notification was not published in the local newspaper.
Council Member Oberhelman made a motion, seconded by Council Member Hernandez,
and unanimously carried, that Development Code Amendment No. 94-02 be continued to August
I, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino,
California, because proper legal notification was not published in the local newspaper.
APPROVE AT & SF RAILWAY COMPANY QDC FACILITY TRUCK
ROUTING PLAN - CONDITIONAL USE PERMIT NO. 94-03 - 680 FEET
NORTH OF RlALTO AVENUE, WEST SIDE OF RANCHO AVENUE - CH,
COMMERCIAL HEAVY, LAND USE DESIGNATION (31)
In a memorandum dated July 7, 1994, AI Boughey, Director of Planning and Building
Services, stated that on May 16, 1994, the Mayor and Council approved Conditional Use Permit
No. 94-03, General Plan Amendment No. 94-01, and Parcel Map No. 14639. The Mayor and
Council, and the Planning Commission had concerns that truck traffic generated by the AT &
SF Railway Company QDC Facility would combine with the truck traffic from the nearby GM
Auto Distribution Facility and result in traffic congestion conflicts. As a result of these
concerns, a condition was placed on the project which would require the review and approval
of the Mayor and Council for the AT & SF Railway Company Truck Routing Plan.
The City of Colton expressed concern regarding the high volume of trucks from the two
projects located in the area. The majority of truck traffic generated by the GM Auto
Distribution Facility would travel east on Mill Street to the 1-215, whereas the majority of truck
traffic from the AT & SF Railway Company QDC Facility would be routed south on Rancho
Avenue, west on Rialto Avenue to Pepper Avenue and South to the 1-10. The Traffic Division
of the Public Works Department determined that the proposed routes are acceptable.
Council Member Hernandez made a motion, seconded by Council Member Oberhelman,
and unanimously carried, that the Mayor and Common Council approve the QDC Facility Truck
Routing Plan as shown in Attachment 2 of the staff report dated July 7, 1994, subject to the
added condition of approval.
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7/18/94
RES. 94-196 - RESOLUTION OF THE CITY OF SAN BERNARDINO
IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE MIDDLE
MANAGEMENT BARGAINING UNIT OF THE CITY OF SAN
BERNARDINO REPRESENTED BY SAN BERNARDINO PUBLIC
EMPLOYEES' ASSOCIATION. (22)
Council Member Hernandez made a motion, seconded by Council Member Oberhelman,
that said resolution be adopted.
Resolution No. 94-196 was adopted by the following vote: Ayes: Council Members
Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: None. Absent:
Council Member Miller.
CITY ADMINISTRATOR SHAUNA CLARK RETURNED
At 2:08 p.m., City Administrator Shauna Clark returned to the Council meeting.
RES. 94-197 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF CONTRACT WITH ANALYSIS CENTRAL SYSTEMS RELATING TO
SOFTWARE LICENSING AND SERVICES. (23)
Council Member Hernandez made a motion, seconded by Council Member Negrete, that
said resolution be adopted.
COUNCIL MEMBER MILLER RETURNED
At 2:09 p.m., Council Member Miller returned to the Council meeting and took her place
at the council table.
CITY ATTORNEY PENMAN RETURNED
At 2:10 p.m., City Attorney Penman returned to the Council meeting.
Concern was expressed that the purchase of the computer software should be postponed
until the management audit of the Police Department is completed.
City Administrator Shauna Clark explained that the software is state of the art manpower
allocation software, would replace the current manual system for allocating police resources
within the City, and was personal computer (PC) based and therefore transportable when the
Police Department relocates to its new facilities.
Jeff Wright, P. O. Box 2341, San Bernardino, CA, asked how long the computer
software would last.
Discussion ensued regarding how the software would benefit the Police Department.
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7/18/94
Resolution No. 94-197 was adopted by the following vote: Ayes: Council Members
Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent:
None.
AUGMENT CODE ENFORCEMENT DIVISION OF PLANNING &
BUILDING SERVICES - DISCUSS & TAKE POSSIBLE ACTION - COUNCIL
MEMBER CURLIN - CONTINUED FROM JULY 5, 1994 (24)
This is the time and place continued to consider augmenting the Code Enforcement
Division of the Planning and Building Services Department.
Discussion ensued regarding the need to enhance code enforcement efforts within the City
to eliminate blight; the need to become more proactive in efforts against blight instead of
reactive; the need for the City's code enforcement efforts to become more efficient and effective
in an effort to retain and recruit businesses to the community; and how the proposed rental
housing inspection program would impact the Code Enforcement Division of Planning and
Building Services.
Shauna Clark, City Administrator, explained that if the proposed rental housing
inspection program was implemented it would add Code Enforcement Officers; however, any
new Officers would be conducting inspections of residential structures only. She explained that
the current Officers would then no longer be doing residential inspections and would be free to
conduct more inspections of commercial and industrial structures.
Concern was expressed regarding the cost to hire additional Code Enforcement Officers
at this time due to the City's budget constraints.
CITY CLERK RACHEL CLARK EXCUSED
At 2:26 p.m., City Clerk Rachel Clark left the Council meeting and was replaced by
Deputy City Clerk Vale.
Discussion ensued regarding the options of how to fund the hiring of additional Code
Enforcement Officers, such as imposing an entertainment tax, reduce funding to the Library, or
imposing an administrative fee for Police Department vehicle tows and impounds; and the
revenue that is generated by the Code Enforcement Officers through the lien process on
properties that are abated for nuisance.
City Attorney Penman explained that the support his office provides to the Code
Enforcement Division of the Planning and Building Services Department is very labor intensive.
Discussion continued regarding the merits of hiring additional Code Enforcement
Officers, the cost for providing these services, and how the additional positions would be
funded.
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7/18/94
Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed opposition to new taxes,
tax increases, or a reduction in funding to the Library.
John Thur, 3936 North Golden, San Bernardino. CA, recommended that the Economic
Development Agency fund the costs for the additional Code Enforcement Officers.
Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam,
and unanimously carried, that the matter be referred to the Ways and Means Committee.
COUNCIL CHAMBERS SECURITY - DISCUSS & TAKE POSSIBLE ACTION
- COUNCIL MEMBER CURLIN - CONTINUED FROM JULY 5, 1994 -
DISCUSSED EARLIER IN THE MEETING - SEE PAGE I (25)
This is the time and place continued to discuss and take possible action regarding Council
Chambers security.
Council Member Curlin made a motion, seconded by Council Member Pope-Ludlam, 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 the matter be placed on the closed session
agenda.
The motion carried by the following vote: Ayes:
Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays:
None.
Council Members Negrete, Curlin,
Council Member Devlin. Absent:
ANNOUNCEMENT - MAYOR MINOR
(3-J)
Mayor Minor welcomed the political science class from San Bernardino Valley College.
ASSESSMENT DISTRICT NO. 994 - EXTENSION & EXPANSION OF CITY
WIDE STREET SWEEPING, STREET LIGHTING, TRAFFIC SIGNAL
MAINTENANCE & GRAFFITI REMOVAL ASSESSMENT DISTRICT -
MODIFY ENGINEER'S REPORT - CONFIRM 1994/95 ASSESSMENT ROLL
(26)
In a memorandum dated July 7, 1994, Roger Hardgrave, Director of Public Works/City
Engineer, stated that concerns were raised at the public hearing held on June 22, 1994, regarding
the proposed expansion and extension of the Assessment District No. 994. The matter was
referred to the Council Ad Hoc Committee for review and recommendation of these issues with
the matter returning to the Council on July 18, 1994.
The Ad Hoc Committee developed the following recommendations to alleviate the
concerns that were raised: I) include a three year sunset clause; 2) adjust the assessment as it
applies to mobile home parks to one-half of the sixty-three percent formula, or 31 % of a basic
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7/18/94
assessment unit, since they have non-standard street lighting and access ways rather than
standard streets.
The Engineer's Report has been amended to reflect the above items. The adjustment of
the assessments for mobile home parks would result in a reduction of the overall revenue
generated by the district by approximately $80,000. The proposed graffiti removal budget has
been reduced by this amount.
The Special Assessment Investigation and Limitation Act of 1931 requires that a finding
be made that total assessments on any parcel do not exceed fifty percent of the assessed value.
Compliance with this Act entails the preparation of a report showing the proposed assessments
and the value of each parcel in the district, that a public hearing be held requiring mailed notice
to each property owner which is a timely and costly procedure. This process may be waived
by a four-fifths vote. Due to the relatively small assessments proposed for each parcel, in
relation to its value this report is not necessary; therefore, staff recommended that the motion
making a finding to waive this requirements be approved to eliminate this additional cost.
RES. 94-198 - A RESOLUTION OF THE CITY OF SAN BERNARDINO
FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE EXTENSION OF CITY-WIDE STREET
LIGHTING AND STREET SWEEPING ASSESSMENT DISTRICT NO. 994,
AMEND THE BOUNDARIES THEREOF BY EXPANDING THE
BOUNDARIES TO INCLUDE ADDITIONAL TERRITORY IN THE
DISTRICT, EXPAND THE SCOPE OF WORK WITHIN SAID DISTRICT TO
INCLUDE CITY-WIDE TRAFFIC SIGNAL MAINTENANCE AND GRAFFITI
REMOVAL; ORDERING THE EXTENSION, AMENDMENT AND
EXPANSION OF WORK OF THE DISTRICT AND THAT THE SPECIAL
ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL
NOT APPLY AND APPROVING AMENDED ASSESSMENT DISTRICT
DIAGRAM MAP NO. 994.(Continued from June 22, 1994) (26-A)
RES. 94-199 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1994-95 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 994, CITY-WIDE STREET LIGHTING, STREET SWEEPING,
TRAFFIC SIGNAL MAINTENANCE AND GRAFFITI REMOVAL.
(Continued from June 22, 1994) (26-B)
In a survey conducted July 12 through July 16, 1994, David Schulze, San Bernardino
Valley Association of Realtors, 1798 N. "D" Street, San Bernardino, CA, presented the results
of a survey of 1,119 citizens, randomly selected from all wards within the City, relative to the
proposed uses for Assessment District No. 994: I) Is crime of major concern to your family?
100% of residents surveyed responded yes; 2) Did you receive a notice from the City that your
property would be assessed for maintenance to add seventeen police personnel? 66% stated no,
12% stated yes, and 22% did not remember; 3) Would you like the opportunity to vote on
21
7/18/94
adding such assessments? 77% answered yes, 14% felt it was acceptable for the Council to
proceed without a vote, and 9% were undecided; 4) The Council has authorized a Police
Department management audit, would you like to see a strategic plan with police, public and
professional input developed to address crime? 97% stated yes, and 3% were undecided; and
5) If you saw a good strategic plan to solve crime problems would you vote to fund it properly?
64% stated yes, 28% were undecided, and 8% stated no.
In a memorandum dated July 17, 1994, Shauna Clark, City Administrator, presented the
positive and negative aspects of revenue options available to the Mayor and Council in
considering the extension or expansion of Assessment District No. 994.
TAXES THAT REQUIRE AN ELECTION
PropertY Taxes - One option would be to ask the voters to fund the new police facility,
thereby, relieving the general fund and the Economic Development Agency of this burden;
however, this would not generate sufficient funds to match the Department of Justice "Clinton"
grant.
Sales and Use Taxes - Previous county-wide sales tax measures have had difficulty
passing, and frequently only were approved when the tax revenues were passed through to cities.
Special Tax for Police and Fire Protection - A local agency which provides fire or police
services can with two-thirds vote of the electorate levy a tax on property to which specific fire
or police protection services are made available; however, the amount of each tax may vary to
each parcel based on the availability of police and fire services in the area.
TAXES THAT DO NOT REQUIRE AN ELECTION
Business License Tax - By law, business license taxes must be used for general fund
purposes only and cannot be designated for a particular service.
Utilitv User's Tax (Service User's Tax) - By law, Utility User's Taxes (service users tax)
must be used for general fund purposes and cannot be designated to particular services.
Transient Occupancv Tax - It would be unwise to increase transient occupancy taxes
because with a high tax rate currently existing, San Bernardino hotels/motels are at a
disadvantage to surrounding cities.
Development Tax - Development taxes are imposed only on new construction and are
based on the number of units, number of bedrooms or square footage. This tax would
discourage development in an already difficult market.
Admissions Tax - Admissions taxes must have broad application because if the tax burden
falls primarily on first amendment protected businesses, the tax can be struck down.
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7/18/94
OTHER FORMS OF REVENUE
Special Benefit Assessments and Districts - Special assessments, such as Assessment
District No. 994, are levied for two reasons: to equitably distribute costs of public
improvements to the benefitted parcels of real property; and to provide owners of benefitted
properties with the means for paying over time, their share of the costs of financing public
improvements at relatively low interest rates, or the costs of maintaining certain improvements.
Fines and Forfeitures - The distribution of municipal court fines and bail forfeitures is
determined by state law. Parking citation fines must be based on ticketing and collection costs.
Franchise Fees - Franchise fees are negotiated through agreement between the City and
the utility. Until expiration of an agreement, fees remain a fixed percentage of gross receipts
for business conducted within the City limits. Franchise fee percentages are often capped by
state law.
Development Fees - Development fees are imposed for the purpose of defraying all or
a portion of the cost of public facilities such as sewers, storm drains, and parks. Development
fees cannot be used to fund services.
Charges for Services - Cities may charge the user for services rendered as long as the
charges do not exceed the cost of providing the service. The City routinely reviews fees to keep
them in line with services rendered; in spite of this, the general fund subsidizes many City
services.
Subventions (Subsidies) - Various taxes and fees are levied by the state and county
governments and are subvented to cities. These subventions, or subsidies, include gas tax and
motor vehicles license fees. Cities have little or no control over the subventions, or subsidies,
and are always in danger of losing them when the state is experiencing budgetary problems.
ADVISORY ELECTION
San Bernardino may hold an advisory election to determine if the voters favor the
continuation of Assessment District No. 994. The election could be held on any election date
authorized by state law. If held on a date other than a regular City election date, November
1995, the election would be very costly.
Discussion ensued regarding the recommendations of the Ad Hoc Committee comprised
of Council Members Negrete, Devlin and Miller, as follows: 1) that there be no fee increases
based on the Consumer Price Index (CPI); 2) that there be a three (3) year sunset clause to
coincide with the termination of the grant from the Department of Justice; 3) that the percentage
of increase for mobile home park residents be the same as for single family homes; 4) that the
matter of Assessment District No. 994 be placed on a ballot as an advisory measure at the first
available election in November of 1995 in a manner that the general public can understand; and
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7/18/94
5) that as part of the management audit of the Police Departtnent that the City adopt a strategic
plan to ensure implementation of the management audit recommendations.
Discussion ensued regarding the different options for placing the matter of Assessment
District No. 994 on the ballot.
City Administrator Shauna Clark explained the revenue options available to the Mayor
and Council in considering the expansion and extension of Assessment District No. 994, and the
positive and negative aspects of each option.
CITY CLERK RACHEL CLARK RETURNED
At 2:53 p.m., City Clerk Rachel Clark returned to the Council meeting.
Discussion ensued regarding how the Police Departtnent would be impacted if the
assessment district was not continued and expanded.
City Attorney Penman answered questions regarding the different options for placing the
matter of Assessment District No. 994 on the ballot.
Discussion ensued regarding the salary and benefits for current Police Officers, whether
a decision on the assessment district should be postponed until after the management audit of the
Police Department; how the potential additional seventeen officers that would be available as a
result of the Department of Justice "Clinton" grant would be deployed; whether approval of the
assessment district should be postponed until an election could be held on the matter; and the
impact on the Police Departtnent if the district is not extended and expanded.
Council Member Devlin made a motion, seconded by Council Member Hernandez, that
a finding be made that the public convenience and necessity require the expansion and extension
of City-wide Assessment District No. 994, that the Engineer's Report be amended to correct
certain technical errors, that there be no increase based on the Consumer Price Index (CPI), that
there be a three (3) year sunset clause to coincide with the termination of the grant from the
Department of Justice, and that the percentage of increase for mobile home park residents be the
same as for single family homes. (Note: The motion was subsequently amended.)
Discussion ensued regarding the purpose of the assessment district as originally proposed,
and how the Police Departtnent has been funded by the district since the recession began; the
merits of including annual increases in the district; and how the salary and benefits for the
additional seventeen officers would be funded after termination of the Federal grant.
Council Member Devlin amended his motion, seconded by Council Member Hernandez,
that a finding be made that the public convenience and necessity require the expansion and
extension of City-wide Assessment District No. 994, that the Engineer's Report be amended to
correct certain technical errors, and to add the inclusion of a three (3) year sunset clause to
coincide with the termination of the Federal Departtnent of Justice grant, modify the formula as
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7/18/94
it applies to Mobile Home Parks so that the percentage of increase would be the same for mobile
home residents as it is for single family homes, and stipulate that the increase be no more than
the Consumer Price Index (CPI) per year.
The motion carried by the following vote: Ayes: Council Members Negrete, Curlin,
Hernandez, Devlin, Pope-Ludlam, Miller. Nays: Council Member Oberhelman. Absent:
None.
Council Member Devlin made a motion, seconded by Council Member Hernandez, that
a finding be made that the Special Assessment, Investigation and Limitation Act of 1931 shall
not apply; that said resolution be adopted which orders the expansion of work and waives the
Special Assessment Investigation and Limitation Act of 1931 Act; and that said resolution be
adopted confirming the 1994-95 Assessment Roll for the expanded Assessment District No. 994.
(Note: Requires a four/fifths vote, or six votes.)
The motion carried, and Resolution Nos. 94-198 and 94-199 were adopted by the
following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Devlin, Pope-Ludlam,
Miller. Nays: Council Member Oberhelman. Absent: None.
Discussion ensued regarding the strategic plan for the Police Department that would result
from recommendations made in the management audit of the Police Department; and the merits
of the assessment district as a funding source for additional police protection services.
City Administrator Shauna Clark recommended that the Ad Hoc Committee comprised
of Council Members Negrete, Devlin, and Miller be charged with determining the nature of the
ballot measure relative to the assessment district.
Discussion ensued regarding what type of comprehensive approach to crime would prove
to be effective in reducing crime in the community, and the merits of the assessment district as
a funding mechanism for additional police services.
Jeff Wright, P. O. Box 2341, San Bernardino, CA, stated that Assessment District No.
994 should be voted on by the people.
Council Member Devlin made a motion, seconded by Council Member Negrete, to place
the matter of Assessment District No. 994 on the ballot for the next general municipal election
in November 1995. (Note: The motion was subsequently amended, and the vote was taken
after discussion.)
A discussion was held regarding the options for placing the assessment district matter on
the ballot.
An unidentified individual expressed support for placing the assessment district on the
ballot for a vote of the people.
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7/18/94
Robert Castaneda, 1425 West 9th Street, San Bernardino, CA, requested clarification on
the date of the next City elections.
City Administrator Shauna Clark explained that municipal elections would be consolidated
with the County elections starting in November 1995.
Jeff Wright, P. O. Box 2341, San Bernardino, CA, stated that residents who are not
property owners should not be excluded from voting on the assessment district.
Council Member Devlin amended his motion, seconded by Council Member Negrete, and
unanimously carried, to place the matter of Assessment District No. 994 on the ballot for the
next general municipal election in November 1995; and that the Ad Hoc Committee comprised
of Council Members Negrete, Devlin and Miller determine and recommend how the matter is
to appear on the ballot and bring forth its recommendation to the Mayor and Council.
RECESS MEETING
At 3:49 p.m., Mayor Minor declared a ten-minute recess.
RECONVENE MEETING
At 3:59 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. Absent: City
Administrator Shauna Clark.
COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING
At 3:59 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.
RES. 94-200 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO APPROVING A SECOND
AMENDMENT TO PARKING AGREEMENT AND ASSIGNMENT BY AND
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO, DAVID D. MILLER AND DENYSE M. MILLER, HUSBAND
AND WIFE, ALAN D. SMITH, POST CONFIRMATION TRUSTEE OF THE
BANKRUPTCY ESTATE OF H. FRANK DOMINGUEZ,
DOMINGUEZ/MILLER, A CALIFORNIA GENERAL PARTNERSHIP AND
THE CITY OF SAN BERNARDINO. (R-4-B)
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RES. 94-201 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, AUTHORIZING AND DIRECTING
THE EXECUTION OF DOCUMENTS RELATIVE TO A SECTION 108 LOAN
GUARANTEE COMMITMENT BY HUD FOR THE WEST SIDE SHOPPING
CENTER IN THE AMOUNT OF $500,000. (R-5-A)
Council Member Oberhelman made a motion, seconded by Council Member Negrete,
that said resolutions be adopted.
Resolution Nos. 94-200 and 94-201 were adopted by the following vote: Ayes: Council
Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays:
None. Absent: None.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
At 5:45 p.m., Council Member Pope-Ludlam left the Council meeting.
RES. 94-202 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH
INLAND VALLEY DEVELOPMENT AGENCY RELATING TO THE
LEASING BY THE CITY OF A BUILDING KNOWN AS "BUILDING 918"
LOCATED ON THE PROPERTY OF THE FORMER NORTON AIR FORCE
BASE. (R-9-B)
Council Member Oberhelman made a motion, seconded by Council Member Hernandez,
that said resolution be adopted.
Resolution No. 94-202 was adopted by the following vote: Ayes: Council Members
Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller. Nays: None. Absent: Council
Member Pope-Ludlam.
CITY ATTORNEY PENMAN RETURNED
At 6:18 p.m., City Attorney Penman returned to the Council meeting.
CITY ADMINISTRATOR SHAUNA CLARK RETURNED
At 6: 18 p.m., City Administrator Shauna Clark returned to the Council meeting.
HIRING OF OUTSIDE COUNSEL - CONTINUED FROM JUNE 20, 1994 (27)
This is the time and place continued to consider the hiring of outside counsel to challenge
in Court Charter Section 55 pertaining to the City Attorney representation of the Mayor and
Council and all City officers.
Council Member Hernandez made a motion, seconded by Council Member Negrete, and
unanimously carried, that the matter be tabled.
27 7/18/94
RES. 94-203 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE PARTICIPATION OF THE SAN BERNARDINO
POLICE DEPARTMENT IN THE SERIOUS HABITUAL OFFENDER
PROJECT ADMINISTERED BY THE OFFICE OF THE CRIMINAL JUSTICE
PLANNING - YEAR TWO. (8-2)
Council Member Hernandez made a motion, seconded by Council Member Miller, that
said resolution be adopted.
Resolution No. 94-203 was adopted by the following vote: Ayes: Council Members
Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller. Nays: None. Absent: Council
Member Pope-Ludlam.
RES. 94-204 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ACCEPTING LEASE PURCHASE MASTER AGREEMENT FOR
ASSOCIATES COMMERCIAL CORPORATION FOR THE FURNISHING OF
LEASE PURCHASE FINANCING. (8ee Related Item #8-4) (8-3)
Council Member Hernandez made a motion, seconded by Council Member Miller, that
said resolution be adopted.
Resolution No. 94-204 was adopted by the following vote: Ayes: Council Members
Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller. Nays: None. Absent: Council
Member Pope-Ludlam.
RES. 94-205 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A SCHEDULE A ADDENDUM TO LEASE PURCHASE
AGREEMENT OF ASSOCIATES COMMERCIAL CORPORATION, FOR THE
FINANCING OF SIX (6) EACH, AUTOMATED SIDE LOADING REFUSE
TRUCKS, TO BE UTILIZED BY THE PUBLIC SERVICES/REFUSE
DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-94-06.
(See Related Item #8-3) (8-4)
Council Member Hernandez made a motion, seconded by Council Member Oberhelman,
that said resolution be adopted.
Resolution No. 94-205 was adopted by the following vote: Ayes: Council Members
Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller. Nays: None. Absent: Council
Member Pope-Ludlam.
28 7/18/94
RES. 94-206 - RESOLUTION OF THE CITY OF SAN BERNARDINO
APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 155n,
LOCATED BETWEEN "E" STREET AND ACACIA AVENUE, NORTH OF
27TH STREET, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH
ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD
FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID
SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED.
(8-5)
Council Member Hernandez made a motion, seconded by Council Member Oberhelman,
that said resolution be adopted.
Resolution No. 94-206 was adopted by the following vote: Ayes: Council Members
Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller. Nays: None. Absent: Council
Member Pope-Ludlam.
ADJOURNMENT (32)
At 6:20 p.m., the meeting was adjourned. The next regular meeting is scheduled to be
held at 8:00 a.m., Monday, August I, 1994, in the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California.
RACHEL CLARK
City Clerk
By
" ;;;,L'/aRO. {~,/ ('.~.
Melanie Vale
Deputy City Clerk
No. of Items: 49
No. of Hours: 8.5
29
7/18/94
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COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MINUTES
ADJOURNED REGULAR MEETING
June 24, 1994
11 :30 a.m.
The Adjowned Regular Meeting of the Mayor and Common Council, the Community Development
Commission and the Joint Powers Financing Authority was held in the Council Chambers, City Hall, 300
North "D" Street, San Bernardino, California and called to order by Mayor Tom Minor at approximately
11:34 a.m., on Friday, June 24, 1994.
ROLL CALL
Roll call was taken with the follcwing members present: Chairman Tom Minor; Commission
Members Edward Negrete; Dr. F. 1. Curlin; David Oberhelman; Jeny Devlin. Absent: Commission
Members Ralph Hernandez; Valerie Pope-Ludlam; and Norine Miller.
STAFF PRESENT
Timothy C. Steinhaus, Administrator, Economic Development Agency; Kenneth 1. Henderson,
Executive Director, Development Department; Dennis Barlow, Senior Assistant City Attorney; Lorraine
Velarde, Executive Assistant to the Mayor; Phil Arvizo, Executive Assistant to the Council; Rachel Clark,
City Clerk; Melanie Vale, Deputy City Clerk; La Vonda M-Pearson, Recording Secretary, Development
Department.
OTHERS IN ATTENDANCE
Richard Brooks, The Sun Newspaper; Timothy Sabo, Special Counsel, Sabo and Green.
PUBLIC COMMENTS ON ITt;MS NOT ON THE AGENDA
There were no public comments
CONTINUED FROM JUNE 20, 1994
1. AWARD OF BID-NEW CENTRAL POLICE STATION
(Communitv Develoomeut Commission)
Chairman Minor read a portion of a faxed letter received from Rocco Davis, Chief Investigator,
Center for Contract Compliance. The letter informed the Commission that the center would take no legal
action against the City regarding the award of bids.
')..
Commission Member Hernandez expressed concern regarding the amount of funds available for
change orders. He stated that it would be encouraging to the contractors to submit change orders since the
funds were available.
Commission Member Devlin expressed concern regarding the Commission micro-managing this
project.
Commission Member Oberhelman commented on the language used in the agreement stating that it
would not be easy for contractors to submit change orders and have them approved.
Commission Member Negrete recommended the verbiage in the agreement be changed from "change
orders" to "contingencies".
Chairman Minor recommended staff closely monitor this project.
Commission Member Devlin made a motion, seconded by Commission Member Negrete, that the
bids be awarded in the following amounts to the following companies for work as noted:
A. $726,500 to Boeh Construction. . . . . . . . . . for concrete construction
B. $141,893 to B & B Steel. . . . . . . . . . . . . . . . for concrete reinforcement
C. $973,307 to Columbia Steel ............ for structural steel, metal
fabrications, and metal stairs
D. $154,640 to Rowest Companv .......... for steel floor and roof deck
E. $ 87,200 to Anning Johnson Companv . . . for composite insulating concrete
F. $ 79,900 to U.S. Elevator . . . . . . . . . . . . . . for hydraulic elevators
G. $336,172 to Continental Plumbing,lnc. ... for plumbing
H. $ 3,885 to New FrontiC'; Entemrises . . . . . for underslab electrical
Commission Member Devlin made a motion, seconded by Commission Member Negrete, to
authorize staff to administer and execute contingencies fund limited to the amount of $243,570.
The motion carried by the following vote: Ayes: Commission Members Negrete; Curlin;
Hernandez; Oberhelman; Devlin; Pope-Ludlam; Miller. Noes: None. Abstain: None. Absent: None.
NB-l. LOAN GUARANTEE - RUBA ENTERPRISES - MR. ATEF FAKHOURY - AM-PM
MARKET. 5985 PALM AVENUE
(Communitv Development Commission)
Commission Member Negrete made a motion, seconded by Commission Member Devlin, that the
need to take action arose after the posting of the agenda.
Timothy C. Steinhaus, Administrator, Economic Development Agency, explained that the ARCO
Station was in immediate need ofa loan guarantee that could not wait until the meeting of July 5, 1994.
The motion carried by the following vote: Ayes: Commission Members Negrete; Curlin;
Hernandez; Devlin; Pope-Ludlam; Miller. Noes: Commission Member Oberhelman. Abstain: None.
Absent: None.
1..
Kenneth J. Henderson, Executive Director, Development Department, explained that Upland Bank,
Ruba Enterprises' Construction Lender, committed in writing to also provide Ruba with permanent financing
after the construction of the station. Upland Bank has since informed Ruba Enterprises it will no longer be
able to provide Ruba with permanent financing.
Mr. Henderson explained that Valley Bank was willing to provide Ruba Enterprises with permanent
financing, but only with an Agency guarantee on the complete amount of the loan. He stated that staff
provided Valley Bank with a counter-offer of a $300,000 loan guarantee, but was denied.
COMMISSION MEMBER HERNANDEZ WAS EXCUSED AT 11:50 A.M.
Mr. Henderson stated that the bank could possibly release the Agency's guarantee after one or two
years if the applicant remains current on his loan; however, a normal guarantee remains in effect the entire
length of the loan.
Commission Member Devlin questioned the type of deal this would be for the Agency.
Mr. Henderson emphasized that the creditworthiness of the applicant was excellent. The only
concern faced by the Agency was guaranteeing a AM-PM Market.
Commission Member Devlin commented on the applicant's intent to build a Denny's Restaurant
across the street from the AM-PM Market.
COMMISSION MEMBER HERNANDEZ RETURNED AT 11:54 A.M.
Discussion ensued regarding the letter sent to the Agency regarding its guarantee.
Commission Member Pope-Ludlam reminded the Commission that the AM-PM Market generates
sales tax and hires entry level positions for the City. She commented on the success of the market. She
reiterated the need to approve a loan guarantee for the applicant in order to avoid foreclosure proceedings on
his construction loan.
Mr. Henderson stated that the property was already in foreclosure and the applicant is personal
property was at risk.
Commission Member Pope-Ludlam stated that once property is in foreclosure, it becomes difficult to
obtain fmancing.
AtefFakhoury, owner of Rub a Enterprises, stated that the property was in foreclosure because his
construction was not completed on time. He explained that he had a construction loan for nine (9) months
and a take-out loan for three (3) months. He indicated that due to various reasons, his construction was not
completed within the time limit, and therefore, Upland Bank decided not to award him permanent fmancing.
He stated that he had tried over 16 different institutions with no success.
Mr. Fakhoury indicated that foreclosure on the property began March 24, 1994.
Commission Member Miller questioned comments she was told regarding problems with the City
Planning Department.
2.
,
Mr. Fakhoury stated that he was told by the Planning Department that they were short staffed;
therefore, he received his permits later than anticipated.
Commission Member Hernandez asked if there was any paperwork prepared for this item.
Commission Member Pope-Ludlam requested the Commission grant contingent approval to the
applicant for the loan guarantee.
Mr. Steinhaus explained that staff would continue negotiating with Valley Bank to try and place a
time limit on the loan guarantee.
Commission Member Devlin made a motion, seconded by Commission Member Pope-Ludlam, to
approve in concept, providing a loan guarantee in the amount of $ 1.3 million to Mr. Atef Fakhoury on his
loan from Valley Bank.
The motion carried by the following vote: Ayes: Commission Members Negrete; Oberhelman;
Devlin; Pope-Ludlam; Miller. Noes: None. Abstain: Commission Members Curlin; Hernandez. Absent:
None.
2. ADJOURNMENT
At 12: 18 p.m., the meeting of the Mayor and Common CounciVCommunity Development
Commission was adjourned to Tuesday, July 5, 1994 at I I :00 a.m., in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
Respectfully submitted:
KENNETH J. HENDERSON
Executive Director!
Secretary to the Commission
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