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HomeMy WebLinkAbout10-03-1994 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING OCTOBER 3, 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 8:00 a.m., Monday, October 3, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin; Senior Assistant City Attorney Morillo, Deputy City Clerk Medina, City Administrator Shauna Clark. Absent: Council Members Pope-Ludlam, Miller. RECESS MEETING - CLOSED SESSION At 8: 00 a. m., the Mayor and Common Council and Development Commission recessed to closed session following: (1) Community for the 1. Pursuant to Government Code Sections: (A) Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): James Bernard Davis vs. City of San Bernardino - San Bernardino Superior Court Case No. SACV 93-1249LAM; In the Estate of Larrv Nash - San Bernardino Superior Court Case No. SPR 56637. (B) Conference with legal counsel - anticipated litigation pursuant to Government Code Section 54956.9 (b): two potential cases. CLOSED SESSION At 8:00 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 Deputy City Clerk Medina with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin; Senior Assistant City Attorney Morillo, Deputy City Clerk Medina, City Administrator Shauna Clark. Absent: Council Members Pope-Ludlam, Miller. 1 10/3/94 Also present: Margaret Scroggin, Attorney's Office. Senior Deputy Administrative City Attorney Simmons, Operations Supervisor, and City COUNCIL MEMBER MILLER ARRIVED At 8:03 a.m., Council Member Miller arrived at the closed session. READING OF RESOLUTIONS AND 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. DEPUTY CITY ATTORNEY RHEMREV ARRIVED At 8: 06 a.m., Deputy City Attorney Rhemrev arrived at the closed session. SENIOR DEPUTY At 8: 06 a. m. , closed session. CITY ATTORNEY SIMMONS EXCUSED Senior Deputy City Attorney Simmons left the COUNCIL MEMBER POPE-LUDLAM ARRIVED At 8:10 a.m., Council Member Pope-Ludlam arrived at the closed session. ADJOURN CLOSED SESSION At 8: 25 a. m., the closed session adj ourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. 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 "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller; Deputy City Attorney Roth, Deputy City Clerk Medina, City Administrator Shauna Clark. Absent: Council Member Pope-Ludlam. INVOCATION The invocation was given by Father Barnabas Laubach, Saint Bernardine's Medical Center. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Miller. 2 10/3/94 PROCLAMATION SIXTH ANNUAL OCTOBER 8 THROUGH 15, 1994 SENIOR OLYMPICS WEEK (2) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring the week of October 8 through 15, 1994, as Senior Olympics Week in the City of San Bernardino. Oscar Perrier, Senior Recreation Supervisor; Phone Alert League, PAL, Coordinator, Parks, Communi ty Services Department; and Fay Rodgers, Commission, accepted the proclamation. Cynthia Brooks, Recreation and Senior Affairs PROCLAMATION - NATIONAL ARTS & HUMANITIES MONTH - OCTOBER 1994 (2A) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring the month of October 1994 as National Arts and Humanities Month in the City of San Bernardino. Beverly Hendricks, Dean of the School of Humanities, California State University, San Bernardino, 5500 University Parkway, San Bernardino, CA, accepted the proclamation. PRESENTATION QUARTER 1994 EMPLOYEE RECOGNITION AWARDS SECOND (2B) In a memorandum dated September 21, 1994, Les Fogassy, Chairman of the Employee Recognition Award Selection Committee, stated that the following employees have received Employee Recognition Awards for the Second Quarter of 1994 in their respective categories: James Howell Public Services Management/Confidential Category Mid-Management Category Safety Category General Category Michael Eckley Matt Fratus Paul Garrity Police Department Fire Department Library ANNOUNCEMENT - COUNCIL MEMBER CURLIN (3) Council Member Curlin thanked his constituents that have expressed support for him. ANNOUNCEMENT - MAYOR MINOR (3A) Mayor Rediscover October 8, Minor invited San Bernardino 1994 from 11:00 all City residents to attend the Community Picnic to be held Saturday, a.m. to 5:00 p.m. at Perris Hill Park. 3 10/3/94 PUBLIC COMMENTS - ROBERT NEVES (4) Robert Neves, 3771 Aspen Drive, San Bernardino, CA, expressed concern regarding the City's lack of compliance with the American with Disabilities Act requirement for handicap accessibility at City-owned facilities. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, 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) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino be approved as submitted in typewritten form: August 15, 1994, and August 18, 1994. RES. 94-295 - RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING LEASE PURCHASE MASTER AGREEMENT FOR KOCH FINANCIAL CORPORATION, FOR THE FURNISHING OF LEASE PURCHASE FINANCING. (10) RES. 94-296 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6429 ENTITLED IN PART "A RESOLUTION . .. ESTABLISHING A BASIC COMPENSATION PLAN FOR OFFICERS AND/OR EMPLOYEES OF THE POLICE AND FIRE DEPARTMENTS OF THE CITY OF SAN BERNARDINO." (12) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolutions be adopted. Resolution Nos. 94-295 and 94-296 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller. Nays: None. Absent: Council Member Pope-Ludlam. AUTHORIZE CIVIC & PROMOTIONAL FUNDS - $2,450 - COPS FOR KIDS - FOSTER CHILDREN CHRISTMAS PARTY (15) In a memorandum dated September 20, 1994, Fred Wilson, Assistant City Administrator, recommended that funding in the amount of $2,450 be allocated from the Fiscal Year 1994/95 Civic and Promotion Fund for the Cops for Kids Christmas party to be held December 11, 1994 for the benefit of approximately five hundred Inland Valley Foster Parent Association children. 4 10/3/94 Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that an amount of $2,450 be appropriated from the Fiscal Year 1994/95 civic and Promotion Fund to Cops for Kids at Christmas. ITEM DELETED (16) (17) PERSONNEL ACTIONS Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated September 22, 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. ORD. MC-912 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.16, SECTION 19.16.030(2) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) PERTAINING TO FLOOD CONTROL MEASURES, FOR THE ENTIRE CITY OF SAN BERNARDINO. Final (18) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said ordinance be adopted. Ordinance No. MC-912 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller. Nays: None. Absent: Council Member Pope-Ludlam. RES. 94-297 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF HIGHLAND RELATING TO THE DEVELOPMENT, OPERATION AND MAINTENANCE OF THE EAST VALLEY SUB AREA TRAFFIC MODEL. (19) RES. 94-298 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JEM ENVIRONMENTAL SERVICES RELATING TO PROFESSIONAL ENVIRONMENTAL SERVICES FOR STREET IMPROVEMENTS AT THE FORMER NORTON AFB, ON TIPPECANOE AVENUE, "c" STREET AND 6TH STREET (DEL ROSA DRIVE) . (20) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolutions be adopted. Resolution Nos. 94-297 and 94-298 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller. Nays: None. Absent: Council Member Pope-Ludlam. COUNCIL MEMBER MILLER EXCUSED At 9:29 a.m., Council Member Miller left the Council meeting. 5 10/3/94 RES. 94-299 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN RECORDS BY THE FINANCE DEPARTMENT. (7) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution Ayes: Council Devlin. Nays: Miller. No. 94-299 was Members Negrete, None. Absent: adopted by the following vote: Curlin, Hernandez, Oberhelman, Council Members Pope-Ludlam, COUNCIL MEMBER MILLER RETURNED At 9:30 a.m., Council Member Miller returned to the Council meeting and took her place at the council table. RES. 94-300 - RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING LEASE-PURCHASE MASTER AGREEMENT FOR MUNI-GROUP FOR THE FURNISHING OF LEASE PURCHASE FINANCING. (8) Deputy City Attorney Roth explained that "Exhibit A" should be deleted from said resolution. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted; and that "Exhibit A" be deleted from said resolution. The motion carried, and Resolution the following vote: Ayes: Council Hernandez, Oberhelman, Devlin, Miller. Council Member Pope-Ludlam. No. 94-300 was adopted by Members Negrete, Curlin, Nays: None. Absent: RES. 94-301 - RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING LEASE-PURCHASE MASTER AGREEMENT FOR ACCESS PUBLIC FUNDING, INC. FOR THE FURNISHING OF LEASE PURCHASE FINANCING. (9) Deputy City Attorney Roth explained that the Master Lease with Option to Purchase Agreement should be amended by interlineation as follows: 1. Page One, Section 1.1, Definitions, Item Six, be amended to read: "Counsel: An attorney duly admitted to the practice of law before the highest court of the State who may be a full-time employee of Lessor or Lessee."; 2. Page Two, Section 1.1, Definitions, Item Sixteen, be amended to read: "State: The State of California."; 3. Page Two, read: "Exhibi t D" the organization, Section 1.2, Exhibits, Exhibit D be amended to A form of opinion of counsel to Lessee as to nature and powers of Lessee; the validity, 6 10/3/94 execution and delivery of this Lease and various related documents; the absence of litigation; and related matters."; 4. Page Five, Article V: Rental Payment, Section 5.3, be amended to read: "Section 5.3. Non-Appropriation. In the event that during any fiscal year of Lessee sufficient funds are not appropriated for the payment of all rental payments required to be paid during Lessee's next succeeding fiscal year, then Lessee may terminate this Agreement as of the end of its then current fiscal year and shall not be obligated to pay the rental payments beyond such fiscal year. Lessee agrees to give Lessor written notice of such termination at least sixty (60) days prior to the end of the then current fiscal year. If this Agreement is terminated under this Section 5.3, Lessee agrees peaceably to deliver the equipment to Lessor at such location designated by Lessor at Lessee's sole cost and expense and in the condition required by Section 7.2 hereof together with such documents and assurances as Lessor may reasonably request."; 5. Page Twelve, Article XII: Events of Defaults and Remedies, Section 12.1, Events of Default Defined, Subsection (a) be amended to read: " (a) Failure by Lessee to pay any Rental Payment or other payment required to be paid under this Lease with respect to any Equipment Group at the time specified herein and the continuation of said failure for a period of ten (10) days." Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted; and that the Master Lease with Option to Purchase Agreement be amended by interlineation as recommended by Deputy City Attorney Roth. The motion carried, and Resolution the following vote: Ayes: Council Hernandez, Oberhelman, Devlin, Miller. Council Member Pope-Ludlam. No. 94-301 was adopted by Members Negrete, Curlin, Nays: None. Absent: RES. 94-302 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SINFONIA MEXICANA SOCIETY FOR THE PROMOTION OF ARTS AND CULTURE. (llA) RES. 94-303 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STAGE ONE PLAYERS FOR THE PROMOTION OF ARTS AND CULTURE. (llB) RES. 94-304 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE PRIME TIME CHORALIERS FOR THE PROMOTION OF ARTS AND CULTURE. (lle) 7 10/3/94 RES. 94-305 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND DANCE THEATRE, INCORPORATED FOR THE PROMOTION OF ARTS AND CULTURE. (llD) RES. 94-306 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO-RIVERSIDE COUNTIES METROPOLITAN OPERA AUDITIONS FOR THE PROMOTION OF ARTS AND CULTURE. (11E) RES. 94-307 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE JUNIOR UNIVERSITY FOR THE PROMOTION OF ARTS AND CULTURE. (llF) RES. 94-308 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND EMPIRE SYMPHONY ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE. (llG) RES 94-309 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND EMPIRE OPERA ALLIANCE FOR THE PROMOTION OF ARTS AND CULTURE. (llH) RES. 94-310 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE. (111) RES 94-311 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO CIVIC LIGHT OPERA ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE. (llJ) RES. 94-312 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CANTO BELLO CHORALE FOR THE PROMOTION OF ARTS AND CULTURE. (llK) Council Member Hernandez made a motion, seconded by Council Member Devlin, that said resolutions be adopted; and that the City Administrator be directed to locate additional monies for those organizations denied funding. The motion carried, and Resolution Nos. 94-302, 94-303, 94- 304, 94-305, 94-306, 94-307, 94-308, 94-309, 94-310, 94-311, and 94-312 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller. Nays: None. Absent: Council Member Pope-Ludlam. 8 10/3/94 RES. 94-313 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT. (WEED ABATEMENT) (13) Concern was expressed regarding weed abatements conducted on properties owned by other governmental agencies. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution Ayes: Council Devlin, Miller. No. 94-313 was adopted by the following vote: Members Negrete, Curlin, Hernandez, Oberhelman, Nays: None. Absent: Council Member Pope- Ludlam. RES. 94-314 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CHARLES E. HAMILTON TO PERFORM CONSULTING SERVICES FOR THE RISK MANAGEMENT DEPARTMENT. (14) Shauna Clark, City Administrator, answered questions regarding the City's workers compensation program. Council Member Miller made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution Ayes: Council Devlin, Miller. No. 94-314 was adopted by the following vote: Members Negrete, Curlin, Hernandez, Oberhelman, Nays: None. Absent: Council Member Pope-Ludlam. PERSONNEL ACTION ROBERT BATESON WORKS/ENGINEERING - MAINTENANCE SUPERVISOR - RANGE 2385 STEP TWO $3,177/MONTH OCTOBER 3, 1994 PUBLIC APPOINTMENT EFFECTIVE (21) Robert Bateson, 220 North Date Avenue, Rialto, CA, urged the Mayor and Council to approve his appointment to the position because he was the most qualified candidate for the position. Rudy Arellano, 2740 Stoddard Avenue, San Bernardino, CA, urged the Mayor and Council not to hire Mr. Bateson and that an employee of the Public Works/Engineering Traffic Painting Section be promoted to the position. Discussion ensued regarding the allegations of discrimination during the interview and selection phase of the hiring process for the position. It was noted that the Personnel Committee at its meeting of September 22, 1994, did not recommend approval of this appointment. 9 10/3/94 Council Member Curlin made a motion, that the matter be continued to October 17, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion failed for lack of a second. Discussion continued regarding the discrimination in the interview and selection hiring of the position. allegations process for of the Ernie Wilson, Affirmative Action Officer, Mayor's Office, explained that the hiring process utilized for this position was fair and objective, that civil service regulations were complied with, that all candidates received the same opportunity for the position; and that he had been instructed by the Personnel Committee to investigate the allegations of discrimination in the interview and selection process for the hiring of the position. City Administrator Shauna Clark explained that the interview and selection process for the hiring of the position had been fair to all candidates; however, several events occurred after Mr. Bateson had been selected for the position which may involve discriminatory actions which should be investigated as a separate issue from the recommendation to hire Mr. Bateson. COUNCIL MEMBER At 9:59 a.m., Council meeting and POPE-LUDLAM ARRIVED Council Member Pope-Ludlam took her place at ~he council arrived table. at the Council Member Oberhelman made a motion, seconded by Council Member Devlin, that the appointment of Robert J. Bateson, Public Works/Engineering, as Maintenance Supervisor, Range 2385, Step Two, $3,177/month, effective October 3, 1994, be approved. The Members Negrete, Absent: motion failed by the following vote: Ayes: Council Oberhelman, Devlin, Miller. Nays: Council Members Curlin, Hernandez. Abstain: council Member Pope-Ludlam. None. Council Member Curlin made a motion, seconded by Council Member Hernandez, that the matter be continued to October 17, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam. Nays: Council Members Devlin, Miller. Absent: None. 10 10/3/94 RES. 94-315 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CO-OPERATIVE AGREEMENT WITH THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY RELATING TO THE CONSTRUCTION OF THE NORTHWEST INTERCEPTOR SEWER THROUGH SANTA FE'S "A" YARD. (22) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 94-315 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RECESS MEETING At 10:05 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 10:11 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 Deputy City Clerk Medina with the following being present: Mayor Minor; Council Members Negrete, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Deputy City Attorney Roth, Deputy City Clerk Medina, City Administrator Shauna Clark. Absent: Council Member Curlin. CAMPAIGN CONTRIBUTIONS OFFICIALS DISCUSS & HERNANDEZ & PROJECTS SUPPORTED BY TAKE ACTION COUNCIL PUBLIC MEMBER (23) In a memorandum dated September 26, 1994, Council Member Hernandez requested that the Mayor and Common Council discuss and take possible action relative to campaign contributions and projects supported by public officials. Dan Lough, Senior Deputy District Attorney, County of Riverside, 4075 Main Street, Riverside, CA, stated that City Attorney Penman had violated the ethical standards for attorneys by reviewing and approving, in his capacity as City Attorney, documents that pertain to companies that have made campaign contributions to his candidacy for San Bernardino County District Attorney. Mr. Lough presented to the City Clerk information relative to City Attorney Penman's alleged violations of ethical standards for attorneys. Discussion ensued regarding the concerns raised by Mr. Lough. Concern was expressed that these issues were being raised in an attempt to harm Mr. Penman's candidacy for San Bernardino County District Attorney; that the Mayor and Council meetings were being 11 10/3/94 used by both supporters and opponents of Mr. Penman's candidacy for San Bernardino County District Attorney as a political forum; and how divisive the issue has become for the Mayor and Council. James Penman, 2555 North Alameda Avenue, San Bernardino, CA, spoke at the podium, stating that the City Attorney's Office does not review and approve documents that pertain to companies that have contributed to the campaign for District Attorney; and stated that there have been no violations of ethical standards or conflict of interest laws during the campaign. Council Member Hernandez made a motion, seconded by Council Member Negrete, and unanimously carried, that the matter be tabled. AUTHORIZE USE PUBLIC EMPLOYEE'S RETIREMENT SYSTEM (PERS) - SURPLUS ASSET ACCOUNT FUNDS - CHARTER SECTION 186 - SAFETY MEMBER SALARY INCREASES (POLICE & FIRE) (24) In a memorandum dated September 26, 1994, Shauna Clark, City Administrator, stated that on June 23, 1994, the Mayor and Council approved the refinancing of the City's Public Employees Retirement System (PERS) unfunded liability in order to save approximately $400,000, and to help eliminate the Fiscal Year 1994/95 budget deficit. Subsequently, Barbara Pachon, Director of Finance became aware of another option and is recommending that the June 23, 1994, action be rescinded and that the City utilize the Public Employees Retirement System surplus asset account funds to make the payments to the Public Employees Retirement System. This alternative would save approximately $57,000 per pay period which would then be reallocated to the Charter Section 186 salary increases which were anticipated to cost $500,000, but instead totaled $700,000, a difference of approximately $200,000. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that in lieu of refinancing the Public Employee's Retirement System (PERS) unfunded liability, that the City draw down on a Public Employees's Retirement System surplus asset account as recommended by Barbara Pachon, Director of Finance, in a memorandum dated August 31, 1994. HUMAN RELATIONS COMMISSION - SIX-MONTH REPORT - RECEIVE & FILE (25) In a memorandum dated September 21, 1994, Laurie Cannis, Human Relations Coordinator, Affirmative Action Division, Mayor's Office, stated that since January 20, 1994, the Human Relations Commission has been working to establish itself as a viable means for citizens to employ when addressing issues of discrimination and equal opportunity in the City. Pursuant to Ordinance MC-886, the Human Relations Commission is presenting a six-month report, and submitting its Fiscal Year 1994/95 Goals and Strategic Plan 12 10/3/94 designed to assist in meeting the goals established for the Commission. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the Human Relations Commission's first six-month report be received and filed. WAIVE FEES - $755.15 - NEUMARK ENSEMBLE - USE OF STURGES AUDITORIUM - JANUARY 7, 1995 - CHAMBER ORCHESTRA CONCERT (26) In a memorandum dated September 15, 1994, Annie Ramos, Director of Parks, Recreation and Community Services Department, stated that the Neumark Ensemble has requested a waiver of fees in the amount of $755.15 for use of the Sturges Auditorium on January 7, 1995 for a chamber orchestra concert. Staff recommends denial of the request as it does not meet the requirements for a waiver of fees pursuant to Resolution No. 94-66. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that the request to waive fees for rental of Sturges Auditorium by the Neumark Ensemble in the amount of $755.15, be denied. (Note: There was no vote taken.) Karen Hensley, Neumark Ensemble, P. O. Box 55431, Riverside, CA, requested approval of the waiver of fees for the concert. Ellen Estilia, Arts Foundation of San Bernardino, 157 West Fifth Street, San Bernardino, CA, urged the Mayor and Council to waive the fees for this event. Council Member Hernandez made a substitute motion, seconded by Council Member Pope-Ludlam, that the request to waive fees for rental of Sturges Auditorium, by the Neumark Ensemble, in the amount of $755.15, be approved. The substitute motion carried by the following vote: Council Members Negrete, Curlin, Hernandez, Pope-Ludlam. Council Members Oberhelman, Devlin, Miller. Absent: None. Ayes: Nays: ORAL STATUS REPORT - PROPERTY LOCATED AT 1350 SOUTH "E" STREET - SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT - MAYOR MINOR - CONTINUED FROM SEPTEMBER 6, 1994 (27) This is the time and place continued to discuss the city property on which the San Bernardino Valley Municipal District facilities are located at 1350 South "E" Street. owned Water Mayor Minor explained that Mr. Duke Hill has advised that based upon a cursory review of property at 1350 South "E" Street, the property is valued at approximately $225,000; however, a formal appraisal of the property has not been done; and recommended that 13 10/3/94 the City and the San Bernardino Valley Municipal Water District share the cost of a formal appraisal. Discussion ensued regarding the desire to retain the San Bernardino Valley Municipal Water District at their current location on South "E" Street, and the Government Code and Charter provisions which govern the sale of property. Shauna Clark, City Administrator, answered questions regarding the Government Code and Charter provisions which govern the appraisal and sale of property to other governmental agencies. Pat Milligan, President of the San Bernardino Valley Municipal Water District, 1350 South "E" Street, San Bernardino, CA, agreed that the appraisal should be conducted and funded jointly by the City and the District, so that negotiations relative to the ownership of the property may proceed. Council Member Oberhelman made a motion, seconded by Council Member Curlin, and unanimously carried, that Mayor Minor be directed to obtain an appraisal jointly with the San Bernardino Valley Municipal Water District for the property located at 1350 South "E" Street, San Bernardino, California. RECESS MEETING - CLOSED SESSION (1) At 11:06 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: 1. Pursuant to Government Code Section: (C) Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to Section 54956.9(b) number of potential cases undetermined. CLOSED SESSION At 11:06 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 Deputy City Clerk Medina with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Deputy City Clerk Medina. Absent: Deputy City Attorney Roth, City Administrator Shauna Clark. Also present: California Avenue, Attorney Joseph Simitian, Kay and Stevens, 490 Suite #400, Palo Alto, CA. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 11:25 a.m., Council Member Pope-Ludlam left the closed 14 10/3/94 session. COUNCIL MEMBER POPE-LUDLAM RETURNED At 11:45 a.m., Council Member Pope-Ludlam returned to the closed session. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 1:00 p.m., Council Member Pope-Ludlam left the closed session. COUNCIL MEMBER At 1:10 p.m., closed session. POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the ADJOURN CLOSED SESSION At 2: 2 0 p. m., the closed session adj ourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 2:20 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 Deputy City Clerk Vale with the following being present: Mayor Minor; Council Members Negrete, Hernandez, Oberhelman, Pope-Ludlam; Deputy City Attorney Roth, Deputy City Clerk Vale, Al Boughey, Director of Planning and Building Services. Absent: Council Members Curlin, Devlin, Miller. ANNOUNCEMENT - MAYOR MINOR (3B) Mayor Minor welcomed Professor Milligan and his political science class students from San Bernardino Valley College. AUTHORIZE PLANNING STAFF TO INITIATE GENERAL PLAN AMENDMENT CH, COMMERCIAL HEAVY, OR IL, INDUSTRIAL LIGHT, LAND USE DESIGNATION SOUTHWEST SIDE CAJON BOULEVARD BETWEEN MEDICAL CENTER DRIVE & CALIFORNIA STREET COUNCIL MEMBER POPE-LUDLAM CONTINUED FROM SEPTEMBER 6, 1994 (28) This is the time and place continued to consider authorizing Planning staff to initiate a general plan amendment to consider the CH, Commercial Heavy, or IL, Industrial Light, land use designation for property located on the southwest side of Cajon Boulevard between Medical Center Drive and California Street. Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed 15 10/3/94 concern regarding the number of homes and businesses located within the area proposed to be considered in the general plan amendment. COUNCIL MEMBERS CURLIN & DEVLIN RETURNED At 2:22 p.m., Council Members Curlin and Devlin returned to the Council meeting and took their places at the council table. Al Boughey, Director of Planning and Building Services, explained the purpose and scope of the proposed general plan amendment. Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that the Planning Division be directed to initiate a general plan amendment to consider a CH, Commercial Heavy, or IL, Industrial Light, land use designation for a portion of the southwest side of Cajon Boulevard between Medical Center Drive and California Street. The motion Members Negrete, None. Abstain: Miller. carried by the following vote: Ayes: Council Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: Council Member Curlin. Absent: Council Member PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 94-02 CHANGE LAND USE DESIGNATION FROM OIP, OFFICE INDUSTRIAL PARK, TO CG-l, COMMERCIAL GENERAL - VACANT 8.8 ACRE SITE - NORTH SIDE OF MILL STREET APPROXIMATELY 175' EAST OF WATERMAN AVENUE CONTINUED FROM SEPTEMBER 19, 1994 (29) This is the time and place continued to for a public hearing to consider General Plan Amendment No. 94-02 to change the land use designation from OIP, Office Industrial Park, to CG-l, Commercial General, for a vacant 8.8 acre site on the north side of Mill Street approximately 175' east of Waterman Avenue. Mayor Minor opened the hearing. Director Boughey explained the scope and purpose of General Plan Amendment No. 94-02. Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired about the purpose of the proposed general plan amendment. COUNCIL MEMBER MILLER RETURNED At 2:26 p.m., Council Member Miller meeting and took her place at the council returned to the Council table. 16 10/3/94 RES. 94-316 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 94-02 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (eontinued from September 19, 1994) (29) Council Member Hernandez made a motion, seconded by Council Member Curlin, that the hearing be closed; that the Mayor and Common Council adopt the negative declaration and approve General Plan Amendment No. 94-02, to change the land use designation from OIP, Office Industrial Park, to CG-l, Commercial General, based on the findings of fact, Attachment C of the staff report dated September 1, 1994 from Al Boughey, Director of Planning and Building Services; and that said resolution be adopted. The motion carried, and Resolution No. 94-316 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: None. Abstain: Council Member Miller. Absent: None. PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 93-15 - UPGRADE OF ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSES UNDER CERTAIN CONDITIONS - CN, COMMERCIAL NEIGHBORHOOD, LAND USE DESIGNATION & RECONSIDER CONDITIONAL USE PERMIT NO. 93-01 - UPGRADE OF AN ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE AT EXISTING CONVENIENCE STORE 484 S. RANCHO AVENUE - CONTINUED FROM SEPTEMBER 19, 1994 (30) This is the time and place continued to for a public hearing to consider Development Code Amendment No. 93-15 to upgrade Alcoholic Beverage Control (ABC) Licenses under certain conditions in the CN, Commercial Neighborhood, land use designation; and to reconsider Conditional Use Permit No. 93-01 to upgrade an Alcoholic Beverage Control (ABC) License for an existing convenience store located at 484 South Rancho Avenue, San Bernardino, CA. Mayor Minor opened the hearing. Director Boughey explained the scope and purpose of General Plan Amendment No. 93-15, and Conditional Use Permit No. 93-01. DEPUTY CITY CLERK VALE EXCUSED At 2:30 p.m., Deputy City Clerk Vale left the Council meeting, and was replaced by Deputy City Clerk Medina. Council Member Hernandez made Member Curlin, that the hearing be taken after discussion.) a motion, closed. seconded by Council (Note: The vote was Mayor Minor stated that letters of protest have been received from Cruz Galvan, 445 South State Street, San Bernardino, CA; and Kenneth Gaston, 2035 West Chestnut Street, San Bernardino, CA. 17 10/3/94 Council Member Oberhelman made substitute motion, seconded by Council Member Devlin, that the matter be continued to October 17, 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. Council Member Curlin seconded the motion to continue the matter to October 17, 1994. Council Member Curlin withdrew his second. The motion failed for lack of a second. Discussion ensued regarding the provisions of the ordinance that require one hundred percent (100%) of surrounding property owners to consent to upgrading the liquor licenses from beer and wine to beer, wine and hard liquor; and whether it was the Mayor and Council's intent to require such consent from adjoining property owners. Al Boughey, Director of Planning and Building Services, requested that the matter be continued to allow staff time to research the minutes to clarify the Mayor and Council's intent regarding the liquor license at this convenience store. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.06, SECTION 19.06.030(2) (B), OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) PERTAINING TO ALCOHOL BEVERAGE CONTROL "ABC" LICENSES. (eontinued from September 19, 1994) First (30) Council Member Hernandez restated his prior motion, seconded by Council Member Curlin, and unanimously carried, that the hearing be closed. Council Member Hernandez made a motion, seconded by Council Member Curlin, and unanimously carried, that staff be directed to research and review Conditional Use Permit (CUP) No. 93-01, to eliminate the Condition of Approval as follows: "That the applicant submit a written statement of non-opposition to the application for the CUP which is signed by all property owners and tenants in the City of San Bernardino of parcels within a radius of 100 feet as measured from property line to property line." as outlined in the staff report dated September 8, 1994, from Al Boughey, Director of Planning and Building Services; confirmed in the memorandum dated December 2, 1993, from Henry Empeno, Deputy City Attorney; and that the notice of public hearing be readvertised if necessary and amend the proposed ordinance as may be required. 18 10/3/94 RECESS MEETING At 2:55 p.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 3:00 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 Deputy City Clerk Medina with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Deputy City Attorney Roth, Attorney Tim Sabo, legal counsel to the Economic Development Agency, Deputy City Clerk Medina, Tim Steinhaus, Agency Administrator, Economic Development Agency. Absent: None. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 3:00 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. SAN BERNARDINO BASEBALL STADIUM PROJECT (RS) In a memorandum dated September 28, 1994, Timothy Steinhaus, Agency Administrator, Economic Development Agency, stated that the Community Development Commission approved a funding plan for a 5,000 seat multi-use baseball stadium at its meeting of September 6, 1994. Integral to the development plan for the new stadium is a long-term lease with the San Bernardino Spirit, who have expressed interest in remaining in San Bernardino, or, with another California League team. At a meeting with the Spirit representatives, tentative lease terms were agreed upon, and include: General provisions: $50,000 base annual rent; six percent (6%) of gross on $1 to $1.2 million; eight percent (8%) of gross on $1.2 to $1.5 million; ten percent (10%) of gross above $1.5 million; twenty percent (20%) of concession gross to City, non-baseball; six, or half, of the super boxes to the City; six (6) additional event dates to Spirit; and fifty percent (50%) net parking proceeds to City. Spirit responsible for: all office furnishings, scoreboard, operation of the parking lot, providing parking attendants, and insurance. City of San Bernardino responsible for: all utilities, building maintenance, finished office space, trash removal, and sound system. Spirit and City responsible iointl v for: security, groundskeeper labor costs, clean up, and concession buildout with the City providing the structure and the Spirit providing the equipment. Pursuant to the proposed lease terms, revenues Economic Development Agency are conservatively $272,000 annually based on $2 million gross revenue to the City and estimated at and attendance 19 10/3/94 of 170,000. Yearly operating expenses are estimated at $338,000. Deducting the team contribution toward groundskeeping costs, estimated at $42,000, and lease revenues, estimated at $272,000, leaves an operating shortfall of $24,000. No other cities with new stadiums in the area are able to recoup all operating costs from baseball lease revenues. The Spirit baseball organization is prepared to sign a ten (10) year lease for the new stadium with two (2) five (5) year extension options based on the proposed lease terms. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that the Mayor and Common Council approve the proposed lease terms as outlined in the memorandum dated September 28, 1994, from Timothy Steinhaus, Agency Administrator, Economic Development Agency; and instruct staff to prepare final lease documents for execution based on the proposed lease terms. The motion carried by the following vote: Ayes: Member Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam, Nays: Council Member Hernandez. Absent: None. Council Miller. RADISSON HOTEL SALE - 295 NORTH "E" STREET - CONSENT OF ASSIGNMENT & TRANSFER - FOSTER-KHOURY INTERNATIONAL, INC. TO NORTHWEST LODGING, INC. (R6) In a memorandum dated September 28, 1994, Kenneth Henderson, Executive Director, Development Department, Economic Development Agency, stated that Foster-Khoury International, Inc., a California Corporation, is proceeding to purchase the Radisson Hotel and Convention Center located at 295 North "En Street from Maruko, Inc., the current owners. Under the terms of the Agency's Owner Participation Agreement (OPA) , Maruko must obtain written approval of both the Economic Development Agency and the Mayor and Council to convey title and rights, including the benefits of the Owner Participation Agreement. Foster-Khoury International, Inc., has requested issuance of estoppel certificates to be delivered in connection with both the Owner Participation Agreement (OPA) and the sublease, and for the City and the Economic Development Agency (Agency) to consent to the transfer of stock to His Royal Highness Shaikh Mohamed Bin Sumna Al Khalifa of Bahrain. The City and the Economic Development Agency would want Foster-Khoury to assume all of Maruko's obligations, without exception, to the provisions of the Owner Participation Agreement and the sublease; therefore, Foster-Khoury would become responsible for performance under the agreements including those previously due but unperformed, if any exist. To clarify the current status of the property, the Economic Development Agency and the City would issue a Certificate of Compliance to indicate completion of construction under the Owner Participation Agreement. It is the intent of Foster-Khoury to enter into a lease with Northwest Lodging for operation of the hotel. Northwest Lodging operates 20 10/3/94 twelve Hawaii hotels hotels and motels on the West Coast and is affiliated based Aston Hotels and Resorts which manages thirty and resorts. with (30) Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the matter be continued to October 17, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECESS MEETING - CLOSED SESSION At 4:26 p.m., the Mayor and Common Council and Development Commission recessed to closed session following: (R8) Community for the 1. Pursuant to Government Code Sections: (A) Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to Government Code Section 54956.9(b): two potential cases. (B) Conference with real property negotiator pursuant to Government Code Section 54956.8: Property: Holiday Oldsmobile Dealership land and buildings, 1388 South "E" Street, San Bernardino. Negotiating Parties: Economic Development Agency staff, City of Riverside staff. Under Negotiation: Instructions will be given to Agency negotiator concerning price and terms of acquisition. CLOSED SESSION At 4:26 p.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 Deputy City Clerk Medina with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Deputy City Attorney Roth, Attorney Tim Sabo, legal counsel to the Economic Development Agency, Deputy City Clerk Medina, City Administrator Shauna Clark. Absent: None. Also present: Barbara Lindseth, Development Agency. Timothy Steinhaus, Agency Administrator, and Administrative Services Manager, Economic 21 10/3/94 ADJOURN CLOSED SESSION At 4:56 p.m., the closed session adjourned to the meeting of the Mayor and Common Council of the City Bernardino. regular of San RECONVENE MEETING At 4:56 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 Deputy City Clerk Medina with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Deputy City Attorney Roth, Attorney Tim Sabo, legal counsel to the Economic Development Agency, Deputy City Clerk Medina, Tim Steinhaus, Agency Administrator, Economic Development Agency. Absent: None. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 4:56 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. INLAND PLAZA 955 SOUTH "E" STREET DEVELOPMENT BOND REFINANCING INDUSTRIAL (RSlB) In a memorandum dated September 29, 1994, Barbara Lindseth, Acting Executive Director, Development Department, Economic Development Agency, stated that in 1983, the City of San Bernardino issued its $2.2 million City of San Bernardino Industrial Development Revenue Bonds, Series 1983A, Inland Plaza proj ect, located at 955 South "E" Street, to finance a shopping center on behalf of the Inland Plaza Partnership. The bonds were secured by a ten-year note executed by Inland Plaza for the benefit of the City. The ten-year note became due on October 15, 1993; however, the sole bondholder, Bank of California, agreed to an extension until April 1995, to allow Inland Plaza additional time to obtain financing to pay the note. At its September 6, 1994, meeting, the Community Development Commission conceptually approved the structure of financing for Inland Plaza in the form of a bond issue secured by a stand-by loan agreement provided by the Economic Development Agency subject to a review of the documentation supporting the credit worthiness of both the project and its owners. The documentation evidences that the project itself suffers from a high vacancy rate of thirty-five percent (35%), but that the partners of Inland Plaza from whom the Economic Development Agency would receive personal guarantees, each have substantial net worth. Moreover, there appears to be adequate cash flow from the center to service the new financing. The debt 22 10/3/94 coverage ratio is good by current lending standards. In addition to the personal guarantees of the partners, who would be jointly liable for the full amount of the standby loan agreement, the Economic Development Agency would also receive a first trust deed against Inland Plaza. The property was appraised at $3.8 million in November of 1993. Given that the standby loan agreement is for $2.35 million, the loan-to-value ratio for the project is good by current lending standards. The Economic Development Agency would also receive a one and one-half percent (1.5%) guarantee fee, amounting to $32,250. Council Member Pope-Ludlam made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the Mayor and Common Council set a Tax Equity and Fiscal Responsibility Act of 1982, T.E.F.R.A., hearing for November 7, 1994, at 11:00 a.m., for the $2.35 million refinancing of the Inland Plaza project by the issuance of Industrial Development Bonds by the City of San Bernardino. DEPUTY CITY ATTORNEY ROTH EXCUSED At 5:10 p.m., Deputy City Attorney Roth left the Council meeting and was replaced by Senior Assistant City Attorney Morillo. TIM STEINHAUS, AGENCY ADMINISTRATOR, ECONOMIC DEVELOPMENT AGENCY EXCUSED At 5:10 p.m., Tim Steinhaus, Agency Administrator, Economic Development Agency, left the meeting. CITY ADMINISTRATOR SHAUNA CLARK RETURNED At 5:10 p.m., City Administrator Shauna Clark returned to the Council meeting and took her place at the dais. ATTORNEY TIM SABO EXCUSED At 5:10 p.m., Attorney Tim Sabo, legal counsel to the Economic Development Agency, left the Council meeting. MOUNTAIN SHADOWS MOBILE HOME PARK CONSTRUCTION COMPANY & HOMEOWNERS AGREEMENT DISCUSS & TAKE ACTION HERNANDEZ STUBBLEFIELD LONG-TERM LEASE COUNCIL MEMBER (AS1) In a memorandum dated September 29, 1994, Council Member Hernandez requested that the Mayor and Council discuss and take action relative to the long-term lease agreement between the Stubblefield Construction Company and the Mountain Shadows Mobile Home Park residents. Discussion ensued regarding the litigation that has occurred in the past between the Mountain Shadows Mobile Home Park owners and residents that has necessitated Mayor and Council intervention. 23 10/3/94 council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the City Attorney be directed to draft the appropriate legal documents to provide that the owners of the Mountain Shadows Mobile Home Park, and the Stubblefield Construction Company, would not come under the provisions of the City of San Bernardino's mobile home rent control law; and that the matter return on October 17, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.72 RELATING TO SMOKING. First (Sl) Council Member Oberhelman made a motion, that said ordinance be laid over for final adoption. The motion failed for lack of a second. Council Member Curlin made a motion, seconded by Council Member Hernandez, that the matter be tabled. The motion failed by the following vote: Ayes: Members Negrete, Curlin, Hernandez. Nays: Council Oberhelman, Devlin, Pope-Ludlam, Miller. Absent: None. Council Members Donald Jolly Gabriel, P. O. Box 951, San Bernardino, CA, stated that the proposed smoking ordinance must be in compliance with the California Environmental Quality Act (CEQA) prior to its adoption. The following individuals spoke in support of Ordinance No. MC-905, the no-smoking ordinance adopted June 6, 1994; and denial of the action proposed at this time to return to the less restrictive no-smoking ordinance: Guadal upe Mendez, Vernon, San Bernardino, Libreria CA. del Pueblo, Inc. , 964 N. Mt. Michele Jacknik, San Bernardino County Department of Public Health, 351 Mountain View Avenue, San Bernardino, CA. Dr. Mildred Henry, 2097 W. Highland Avenue, San Bernardino, CA. John Coleman, Chairperson, American Cancer Society, Inland Empire Chapter, 1596 W. 8th Street, San Bernardino, CA. Marion Faulkner, 1288 1/2 N. "D" Street, San Bernardino, CA. Carolyn Williams, 1808 Genevieve Street, San Bernardino, CA. The following individuals spoke in opposition to Ordinance No. 24 10/3/94 MC-905, support smoking the no-smoking of the proposed ordinance: ordinance adopted June 6, 1994; and in action to return to the less restrictive Tom Saundra, 1039 E. Baseline, San Bernardino, CA. Anthony Trozera, 1588 W. Highland Avenue, San Bernardino, CA. Jeff Wright, P. O. Box 2341, San Bernardino, CA, felt that the best way to eliminate smoking in public places was not through criminal prosecution but through education. An unidentified individual urged the Mayor and Common Council to postpone any action until after the November election to see what the State law would be. SENIOR ASSISTANT CITY ATTORNEY MORILLO EXCUSED At 5:41 p.m., Senior Assistant City Attorney Morillo left the Council meeting and was replaced by Deputy City Attorney Roth. Discussion ensued regarding the merits of the no-smoking ordinance as it relates to the health and safety of community residents; its potentially negative impact on businesses through loss of sales; and the ability of City staff to enforce the ordinance provisions because it puts legal penalties on business owners for the actions of a third party. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said ordinance be laid over for final adoption. (Note: The vote was taken after discussion.) The motion carried by the following vote: Members Negrete, Oberhelman, Devlin, Pope-Ludlam, Council Members Curlin, Hernandez. Absent: None. Ayes: Miller. Council Nays: ADJOURNMENT (31) At 6:15 p.m., the meeting was adjourned. The next regular meeting is scheduled to be held at 8:00 a.m., Monday, October 17, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL CLARK City Clerk By //.. ~ /;i ~"'~~-ce:c:;' Uk: C(7 Melanie Vale Deputy City Clerk No. of Items: 36 No. of Hours: 10 25 10/3/94