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HomeMy WebLinkAbout09-20-1993 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING SEPTEMBER 20, 1993 COUNCIL CHAMBERS The regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Minor at 8:02 a.m., Monday, September 20, 1993, 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, Pope-Ludlam, Miller; Sr. Assistant City Attorney Morillo, City Clerk Rachel Clark, Assistant City Administrator Wilson. Absent: None. *Fifth Ward Office Vacant RECESS MEETING - CLOSED SESSION At 8: 02 a. m., the Mayor and Common Council and Development Commission recessed to closed session following: (1) Community for the a. to confer with the litigation pursuant to 54956.9(b} (1), as there litigation; attorney regarding pending Government Code Section is significant exposure to b. based on existing facts below, the City Council whether a closed session California Government Code and circumstances, set out is meeting only to decide is authorized pursuant to Section 54956.9 (b) (2) ; c. to confer with the attorney regarding litigation pursuant to Government Code 54956.9 (c), so that Council/Commission may whether to initiate litigation; pending Section decide d. to consider personnel matters pursuant to Government Code Section 54957; 1 9/20/93 e. to confer 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; f. to give instruction to the City' s/Commission' s negotiator on the purchase of property pursuant to Government Code Section 54956.8. The real property which the negotiations concern is generally located at The identity of each person with whom negotiations are authorized is: g. to meet with an applicant for a applicant's attorney pursuant Section 54956.7; City license and the to Government Code h. to meet with the Chief of Police regarding matters of public security pursuant to Government Code Section 54957; i. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party to pursuant to Government Code Section 54956.9(a) as follows: Tomas Armendariz vs. James F. Penman. et al - United States District Court Case No. 91-5757; Wirth vs. Adams/Citv of San Bernardino Superior Court Case No. 251346; San Bernardino Ibrahim vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 02148; Brenda Walker vs. ci tv of San Bernardino. et al States District Court Case No. 91-5239 LHM (JRx); United Countv of San Bernardino vs. City of San Bernardino- Riverside Superior Court Case No. 224288; Weslev vs. City of San Bernardino - San Bernardino Superior Court Case No. 265422. CLOSED SESSION At 8:02 a.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 2 9/20/93 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller; Sr. Assistant City Attorney Morillo, City Clerk Rachel Clark, Assistant City Administrator Wilson. Absent: None. *Fifth Ward Office Vacant Also Scroggin, Office. present: Deputy City Administrative Operations Attorney Simmons, Margaret Supervisor, City Attorney's READING OF RESOLUTIONS AND ORDINANCES Deputy City Clerk Jones read the titles of all the resolutions and ordinances on the regular, supplemental and Community Development Commission agendas while the Council was in closed session. DEPUTY CITY ATTORNEY SIMMONS EXCUSED At 8:16 a.m., Deputy City Attorney Simmons left the closed session. ADJOURN CLOSED SESSION At 8:25 a.m., the closed session adjourned to the meeting of the Mayor and Common Council of the City Bernardino. regular of San RECONVENE MEETING At 9:01 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, Pope-Ludlam, Miller; Sr. Assistant City Attorney Morillo, City Clerk Rachel Clark, Assistant City Administrator Wilson. Absent: None. *Fifth Ward Office Vacant INVOCATION The invocation was given by Father Michael Sturn, Our Lady of Assumption Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Mrs. Helen Preston, Councilman-elect Devlin's mother-in-law. INTRODUCTION OF SENATOR RUBEN AYALA Mayor Minor introduced Senator Ruben Ayala, 34th District, 9620 Center Avenue, Rancho Cucamonga, California. 3 9/20/93 FIFTH WARD SPECIAL SEPTEMBER 14, 1993 MUNICIPAL ELECTION RESULTS- (7) In a memorandum dated September 17, 1993, Rachel Clark, City Clerk, requested that the Statement of Votes Cast for the Special Municipal Election conducted on September 14, 1993, be approved. The total ballots cast in the City of San Bernardino was 2,291, and are listed as follows: Barbara L. Sky Bob Stone Richard L. Scott Ronald E. Perez Gary Patrick Kirby Vincent D. Laster Jerry M. Devlin Chuck Christie John R. Hoge Sherrill "Sheri" Hoffman Total 166 86 298 287 29 42 734 610 9 ---1.1 2,291 Council Member Negrete made a motion, seconded by Council Member Miller, and unanimously carried, that the results of the Special Municipal Election held on September 14, 1993, as set forth in the Statement of Votes Cast and Certified, be declared official as set forth in the document prepared by the City Clerk's Office. INAUGURAL CEREMONY FOR NEWLY-ELECTED OFFICIAL Mayor Minor called to order the Inaugural Ceremony for newly-elected Council Member Jerry M. Devlin, Fifth Ward, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The Oath of Office was administered by City Clerk Rachel Clark. COUNCIL MEMBER DEVLIN - OPENING REMARKS Council Member Devlin thanked his supporters, and introduced members of his family. RECESS MEETING - RECEPTION FOR NEWLY ELECTED OFFICIAL At 9:10 a.m., the meeting was recessed until 9:30 a.m. to hold a reception honoring newly-elected Council Member Devlin in the lobby area of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 9: 30 a. m., the regular meet ing of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 4 9/20/93 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; Sr. Assistant City Attorney Morillo, City Clerk Rachel Clark, Assistant City Administrator Wilson. Absent: None. ANNOUNCEMENT - COUNCIL MEMBER NEGRETE (2A) Council Member Negrete congratulated the staff involved with the Route 66 festivities held September 17 through 19, 1993 in the City of San Bernardino. ANNOUNCEMENT - COUNCIL MEMBER CURLIN (2B) Council Member Curlin congratulated staff involved in the Route 66 event. Dr. Curlin voiced concern regarding a letter written by Robert Camarena that appeared in The Sun newspaper concerning statements made at the Mayor and Council meeting held on September 7, 1993 relating to the request to waive funds for the Castillo celebration scheduled September 15, 1993. ANNOUNCEMENT - COUNCIL MEMBER OBERHELMAN (2C) Council Member Oberhelman expressed appreciation to everyone involved with the Route 66 event. ANNOUNCEMENT - COUNCIL MEMBER DEVLIN (2D) Council Member Devlin stated t.hat the Route 66 event was well organized and brought a positive influence to the City of San Bernardino. ANNOUNCEMENT - COUNCIL MEMBER POPE-LUDLAM (2E) Council Member Pope-Ludlam requested that the Route 66 Rendezvous include the original route from Mt. Vernon, to 5th Street to Caj on Boulevard, and that Nat King Cole's version of the Route 66 theme song be played next year. ANNOUNCEMENT - COUNCIL MEMBER MILLER (2F) Council Member Miller expressed appreciation to everyone involved in the Route 66 Rendezvous. ~ 5 9/20/93 PUBLIC COMMENTS - JEFF WRIGHT (3A) Jeff Wright, P.O. Box 2341, San Bernardino, CA, objected to Ward Valley being granted a permit for low-level radioactive waste; and urged the Mayor and Council to insist that all hearings regarding Ward Valley be held in San Bernardino; and encouraged the public to write to the Secretary of Interior Bruce Babbitt requesting that all hearings be adjudicatory. PUBLIC COMMENTS - HECTOR LUNA (3B) Hector Luna, 1265 Reece Street, San Bernardino, CA, thanked the Council Members who approved the waiver of fees for the 7th Annual Mexican Independence Day "Castillo" celebration held on September 15, 1993. PUBLIC COMMENTS - JOHN TUCKER DC) John Tucker, San Bernardino Publ ic 433 N. Sierra Way, San Bernardino, CA, made at the Mayor and Council meeting relative to the duties of City employees. Employees Association, clarified the comments held September 7, 1993 PUBLIC COMMENTS - JAMES WIRTH (3D) James Wirth, 1980 indi viduals to support from demolition. Sierra Way, San Bernardino, CA, urged the efforts to save the Platt Building PUBLIC COMMENTS - JERRY ESPARZA (3E) Jerry Esparza, past President of the Inland Empire Hispanic Chamber of Commerce, voiced concern regarding negative comments made concerning the 7th Annual Mexican Independence Day "Castillo" celebration. He urged the Mayor and Council to continue to support cultural events in the City of San Bernardino. APPOINTMENTS - MAYOR MINOR (4A) In memoranda dated September 7 and September respectively, Mayor Minor requested that the appointments be approved: 8, 1993 following Mobilehome Rent Board Mobilehome Rent Board Mobilehome Rent Board Fine Arts Commission Fine Arts Commission Michael Maudsley Bill Farmer, Alternate Richard Simon Mildred L. McKim Gwendolyn Roberts, Alternate Andrea Danne' Robbins Animal Advisory Commission 6 9/20/93 Board of Building Commissioners Hollis L. Blake, Alternate Bobby Dye Bureau of Franchises Central City Parking Place Commission Community Development Citizen Advisory Committee Fire Commission Jim Robbins, Alternate Mrs. willie Brue willie Clark, Alternate Council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Mayor and Council approve the appointments requested by Mayor Minor. COMMENDATION - C. DALE JENKS (4B) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending C. Dale Jenks for his many years of service to the community, as he retires from the Civic Light Opera Board. Mr. Jenks accepted the resolution. PROCLAMATION - REDISCOVER SAN BERNARDINO - OCTOBER 9, 1994 (4C) J. Lorraine Velarde, Executive a resolution proclaiming October Bernardino Day. Assistant to the Mayor, 9, 1993 as Rediscover read San Frank Keller, CATV Manager, accepted the resolution and introduced Susan Morales, Economic Development Agency, Linda Brook, Parks, Recreation & Community Services, Annie Ramos, Director of Parks, Recreation & Community Services, Pat Leathers, Mayor's Office, Rachel Clark, City Clerk, as members of the Rediscover San Bernardino Committee. Mr. Keller announced that the 1st Annual Community picnic will be held Saturday, October 9, 1993, at Perris Hill Park. Pat Leathers, Volunteer Coordinator, Mayor's Office, stated that Saturday, October 9, 1993 is also designated as Clean-Up Day and "Dash for Trash" Day in the City of San Bernardino. Participants interested in Clean-Cp Day will meet Saturday, October 9, 1993 at 8:00 a.m. at the Kids Against Crime headquarters, 1700 North "E" Street, San Bernardino, California. The "Dash for Trash" participants will meet at the National Orange Show parking lot north of Arrowhead Avenue, in the City of San Bernardino. 7 9/20/93 PROCLAMATION - FIRE PREVENTION WEEK - OCTOBER 3 THROUGH 9, 1993 (40) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution proclaiming the week of October 3 through 9, 1993 as Fire Prevention Week in the City of San Bernardino. The resolution was accepted by Mrs. Velarde, on behalf of will Wright, Fire Chief. PROCLAMATION - THROUGH 9, 1993 SENIOR OLYMPIC GAMES WEEK - OCTOBER 2 (4E) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution proclaiming the week of October 2 through 9, 1993 as Senior Olympic Games Week in the City of San Bernardino. Faye Rodgers, member of the Senior Olympic Steering Committee, accepted the resolution and invited individuals over the age of 55 to participate in the Track and Field Day events scheduled at 9:30 a.m., October 9, 1993, at San Bernardino Valley College. Mrs. Rodgers introduced Cynthia Brooks, Paul Riccio, and Oscar Perrier, members of the Senior Olympic Steering Committee. PROCLAMATION - AMERICAN BUSINESSWOMEN'S DAY - SEPTEMBER 22, 1993 (4F) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution proclaiming September 22, 1993 as American Businesswomen's Day in the City of San Bernardino. Evelyn Wilson and Lorna Royse, members of the American Businesswomen Association, accepted the resolution. SERVICE PIN AWARDS (4G) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of each employee 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. 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: May 24, 1993; August 2, 1993. 8 9/20/93 CLAIMS AND PAYROLL (13) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated September 14, 1993 from the Director of Finance, be approved. PERSONNEL ACTIONS (14) 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 9, 1993 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. JOINT POWERS FINANCING AUTHORITY - REGULAR MEETING (15) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the regular meeting of the Joint Powers Financing Authority be adjourned. The next meeting will be held on Thursday, October 21, 1993. RES. 93-350 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 6413, SECTION THIRTEEN, TEMPORARY/PART-TIME EMPLOYEES, ENTITLED IN PART A "RESOLUTION. .ESTABLISHING A BASIC COMPENSATION PLAN ." BY UPDATING INFORMATION CODIFYING PRIOR COUNCIL ACTIONS. (17) RES. 93-351 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, "A RESOLUTION. .DESIGNATING CERTAIN STREETS OR PORTIONS THEREOF AS THROUGH HIGHWAYS. .;" AND PROVIDING THAT MONTEREY AVENUE IS A THROUGH HIGHWAY AT ITS INTERSECTION WITH PEDLEY ROAD. (19) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolutions be adopted. Resolution Nos. 93-350 and 93-351 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (5) Jeff Wright, P.O. Box 2341, San Bernardino, the reading of resolutions and ordinances at 8:00 Mayor and Council are in closed session. CA, objected to a.m., while the 9 9/20/93 Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas, be waived. APPROPRIATE FUNDS 1992-93 BARRIER RAIL PROGRAM- RIALTO AVENUE GRADE SEPARATION - SANTA FE RAILWAY (8) In a memorandum dated September 9, 1993, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that Federal-Aid funds are available through the 1992-93 Highway Bridge Replacement Rehabilitation (HBRR) Program for replacement of obsolete barrier rails on bridges. The funds are used to finance 88.53% of the total cost of the project. Caltrans determined that the Rialto Avenue Grade Separation, over the Santa Fe Railway tracks, east of Pennsylvania Avenue, has a high priority rating to receive funding. The preliminary estimated total project cost is $196,000, of which $l72,635 is eligible for Federal-Aid funds. Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding the obsolete barrier rail program. Council Member Hernandez made a motion, seconded by Council Member Curlin, and unanimously carried, that the matter be continued to October 4, 1993 in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to allow staff time to inspect the Mill Street Bridge. APPROPRIATE FUNDS 1992-93 BARRIER RAIL HIGHLAND AVENUE BRIDGE - DEL ROSA CHANNEL PROGRAM- (9) In a memorandum dated September 9, 1993, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that Federal-Aid funds are available through the 1992-93 Highway Bridge Replacement Rehabilitation (HBRR) Program for replacement of obsolete barrier rails on bridges. The funds are used to finance 88.53% of the total cost of the project. Cal trans has determined that the Highland Avenue Bridge, over the Del Rosa Channel, has a high priority rating to receive funding. The preliminary estimated total project cost is $27,500, of which $23,460 is eligible for Federal-Aid funds. Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding the use of 1/2 Cent Sales Tax funds to finance the replacement of barrier rails for the Highland Avenue Bridge, Del Rosa Channel project. 10 9/20/93 Council Member Miller made a motion, seconded by Council Member Oberhelman, that the appropriation of $23,460 from the 1992-93 Barrier Rail Program, to finance 88.53% of the cost for replacing the obsolete bridge rail on the north side of Highland Avenue Bridge over the Del Rosa Channel, be approved, under Account No. 242-362-57402; and that the transfer of $4,040, from the Unappropriated Reserve - 1/2 Cent Sales Tax Fund, Account No. 129-000-30405, to Account No. 242-362-57402, "Barrier Rail- Highland Avenue Bridge over Del Rosa Channel", be approved. (Note: The vote was taken after discussion.) Council Member Curlin made matter be continued to October 4, a substitute 1993. motion! that the The Mayor and Council discussed the potential liability to the City if the obsolete barrier rails are not replaced. Council Member Curlin withdrew his substitute motion. Council Member Miller made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the appropriation of $23,460 from the 1992-93 Barrier Rail Program, to finance 88.53% of the cost for replacing the obsolete bridge rail on the north side of Highland Avenue Bridge over the Del Rosa Channel, be approved, under Account No. 242-362-57402; and that the transfer of $4,040, from the Unappropriated Reserve- 1/2 Cent Sales Tax Fund, Account No. 129-000-30405, to Account No. 242-362-57402, "Barrier Rail - Highland Avenue Bridge over Del Rosa Channel", be approved. PROPOSED ANNEXATION OF TERRITORY PARADISE HILLS- NORTHEAST OF CALIFORNIA STATE UNIVERSITY- AUTHORIZATION TO PROCEED (10) In a memorandum dated September 7, 1993, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that on February 22, 1993, Resolution No. 93-45 was adopted, certifying the Environmental Impact Report, making findings, and adopting a General plan amendment relative to Specific Plan No. 90-03, for the Paradise Hills development located northeasterly of California State University San Bernardino. A portion of the proposed development is outside of City boundaries, but within the City's Sphere of Influence. The owners of the area have filed for annexation with the Local Agency Formation Commission (LAFCO). LAFCO requires the City to file a plan for providing services and enumerating the City services which will be extended to the affected territory. 11 9/20/93 Jeff Wright, P. O. Box 2341, San Bernardino, CA, objected to the item being placed on the consent calendar after LAFCO had already held a public hearing on the annexation process. Roger Hardgrave, Director of Public Works/City Engineer, explained that the applicant applied directly to LAFCO requesting the proposed annexation. He stated that the public hearing process has not yet commenced. Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA, explained that a preliminary Developmental Review hearing and not a public hearing was held by LAFCO, and stated opposition to the proposed annexation as it would destroy the natural habitat. Art McCall, representative for Fontana Corners, 1875 Century Park East, Suite 1880, Los Angeles, CA, concurred with Ms. Kopczynski that LAFCO held a preliminary Developmental Review hearing and not a public hearing on the proposed annexation. He stated that the City of San Bernardino public hearing process has not yet started. Jeff Wright voiced concern that the Paradise Hills development is located directly above the San Andreas Fault. Council Member Hernandez made a motion, seconded by Council Member Negrete, and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the proposed annexation of the territory located generally northeast of California State University, and that the plan for services submitted by the ~irector of Public Works, be approved. COUNCIL MEMBER MILLER EXCUSED At 10:29 a.m., Council Member Miller left the Council meeting. TRANSFER $112,500 STORM DRAIN CONSTRUCTION FUNDS- INSTALL STORM DRAIN UNIVERSITY PARKWAY, SOUTH OF VARSITY AVENUE (11) In a memorandum dated September 1, 1993, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that the Master Plan Storm Drain along University Parkway, between Varsity Avenue (State Street) and College Avenue, will be installed as part of the development of the Hughes Market Complex. 12 9/20/93 Mr. Norb Parsoneaul t, Vice -President, Engineering & Construction for Hughes Markets, has proposed that the storm drain be extended to the present terminus, and that the City reimburse Hughes Market for the extra cost incurred for the extra 340 feet of storm drain. The estimated cost to the City is $112,500. There is a possibility that all, or a portion, of the City's share could be recovered by imposing a special development fee in connection with development of the adjoining parcels. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the transfer of $112,500 from Account No. 248-368-57811, "Highland Avenue, from Patton State Hospital to Orange Street," to Account No. 248-368- 57814," University Parkway, from Varsity Avenue to a point 350' to the south, be approved. REQUEST - CREATE TASK FORCE - TOBACCO CONTROL ORDINANCE - CALIFORNIA STATE UNIVERSITY SAN BERNARDINO - COUNCIL MEMBER CURLIN (12) In a memorandum dated September 14, 1993, Council Member Curlin, stated that California State University San Bernardino, in conjunction with The Behavioral Health Institute, is proposing that the City sponsor a task force to review the City's tobacco control (smoking) ordinance and seek ways to update the ordinance. California State University San Bernardino has offered to coordinate the formation of the task force and host meetings at the University Campus in the Institute's offices. The Project Coordinator, Laurie Tully-Payne, will assist the task members by providing meeting notices, and provide periodic updates. The composition of the task force would include representatives from the Chamber of Commerce, restaurants, San Bernardino County Public Health TURN Program, PTA. Convention and Visitors Bureau, sports groups, and health professionals. COUNCIL MEMBER MILLER RETURNED At 10:32 a.m., Council Member Miller returned to the Council meeting and took her place at the council table. Jeff Wright, P.O. Box 2341, San Bernardino, CA, voiced concern regarding the City's cost tc implement the proposed task force. Laurie Tully-Payne, Project Coordinator, California State University San Bernardino, 5500 University Parkway, San Bernardino, CA, stated that the City's cost would be in the form of providing a staff person. 13 9/20/93 council Member Hernandez made a motion, seconded by Council Member Negrete, that the request of California State University San Bernardino relative to the formation of a task force to examine the City's current tobacco control ordinance and to consider ways to update the ordinance to meet the community's needs, be approved. (Note: The vote was taken after discussion. ) A discussion was held regarding the enforcement of laws currently noted in the San Bernardino Municipal Code. Members of the Council objected to possible amendments to the City's smoking ordinance. The Members Ludlam. motion carried by the following vote: Ayes: Negrete, Curlin, Hernandez, Oberhelman, Devlin, Nays: Council Member Miller. Absent: None. Council Pope- RES. 93-352 - RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES (ABANDONED VEHICLES) ON SAID PROPERTIES. (16) Jeff Wright, P.O. Box 2341, San Bernardino, CA, objected to the City imposing liens on property. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution Ayes: Council Devlin, Miller. None. No. 93-352 was adopted by the following vote: Members Negrete, Curlin, Hernandez, Oberhelman, Nays: Council Member Pope-Ludlam. Absent: RES. 93-353 COUNCIL OF DESIGNATING SERVICES AS A RESOLUTION OF THE MAYOR AND COMMON THE CITY OF SAN BERNARDINO, CALIFORNIA, THE DEPARTMENT OF ENVIRONMENTAL HEALTH THE LOCAL ENFORCEMENT AGENCY. (18) Jeff Wright, P.O. Box 2341, San Bernardino, CA, requested information concerning the identity of the agency which regulates solid waste facilities throughout the State. Kevin Barnes, Refuse Superintendent, answered questions, and stated that the California Integrated Waste Management Board regulates handling, disposal and permitting of solid waste. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolutlon be adopted. 14 9/20/93 Resolution No. 93-353 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. - RESOLUTION OF THE CITY OF SAN BERNARDINO THE EXECUTION OF AN AGREEMENT WITH JHK & RELATING TO PROFESSIONAL SERVICES FOR OF A TRANSPORTATION DEMAND FORECAST MODEL. (20) Roger Hardgrave, Director of Public Works/City Engineer, answered questions and stated that JHK & Associates was selected as being the best equipped firm to provide the desired services. He stated that without a model, the City would be at a disadvantage in projecting future traffic needs. RES. 93-354 AUTHORIZING ASSOCIATES DEVELOPMENT Jeff Wright, P.O. Box 2341, SaL Bernardino, CA, objected to the amount allocated for the consultant and the acquisition costs of the hardware. Council Member Hernandez made a motion, seconded by Council Member pope-Ludlam, that said resolution be adopted. Resolution Ayes: Council Miller. Nays: None. No. 93 -354 was adopted by the following vote: Members Negrete, Curlin, Hernandez, Pope-Ludlam, Council Members Oberhelman, Devlin. Absent: RES. 93-355 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO FAIRVIEW FORD FOR THE FURNISHING AND DELIVERY OF ONE EACH, BUCKET LIFT TRUCK, TO BE UTILIZED BY THE PUBLIC WORKS/TRAFFIC SIGNALS DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F- 93- 23. (Discussed later in the meeting. See page 35) (2l) Fred Wilson, Assistant City Administrator, requested that the resolution be amended to reflect the total bid from Fairview Ford as $32,385.75 instead of $43,485.75. Council Member Devlin stated that he would abstain. from voting on this item as there would be a conflict of interest. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted as amended to change the bid amount from $43,485.75 to $32,385.75. The motion carried, and Resolution No. 93-355 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Abstain: Council Member Devlin. Absent: None. 15 9/20/93 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE TRANSFER OF CABLE TELEVISION FRANCHISE FROM CHAMBERS CABLE OF SOUTHERN CALIFORNIA INC. TO THE MARKS PARTNERS, L.P. (22) (Note: The resolution was not distributed with the backup, and; therefore, will not be available for reference.) Council Member Member Pope-Ludlam, Community Television at this time.) Miller made that said Commission. a motion, seconded by Council resolution be referred to the (Note: There was no vote taken Discussion was held regarding negotiations with the new franchise. Jeff Wright, P.O. Box 2341, San Bernardino, CA, voiced concern regarding the rates, and whether the public would have access to the production facility. Robin Cochran, Attorney, Gresham, Varner, Savage, Nolan & Tilden, 600 North "D" Street, San Bernardino, CA, representing Chambers Communication of Southern California, pointed out that the Council's consent is not required in the transfer of the cable television franchise according to City Ordinance Nos. 2395 and 2947. Sr. Assistant City Attorney Morillo advised that the Municipal Code states that Council has the right of approval, but the approval cannot be unreasonably withheld. The Mayor and Council requested that the matter be referred to the Community Television Commission for further review. Bob Towe, Vice-President, Chambers Communication of Southern California, 2225 Coberg Road, Eugene, Oregon, suggested that the matter be referred to the City's legal department to work out the legal issues. William Marks, Jr., Marks Group/Marks Cablevision, 1836 Union Street, San Francisco, CA, answered questions regarding reception, number of channels provided, and the proposed rates once the franchise has been transferred. Discussion was held relative to the Community Television Commission scheduling a special meeting to discuss the proposed cable television franchise transfer. Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA, requested that the special meetLlg be advertised. 16 9/20/93 Council Member Oberhelman made a substitute motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the matter be referred to the Community Television Commission to hold a special meeting; and that the item be continued to October 4, 1993 in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez left the Council meeting. RES. 93-356 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO. DEDICATING PROPERTY KNOWN AS LOT 30, TRACT 11261 IN THE CITY OF SAN BERNARDINO FOR WATER DEPARTMENT USE. (23) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 93-356 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Hernandez. ORD. MC-885 AN BERNARDINO AMENDING BERNARDINO MUNICIPAL TO A VIDEO USERS TAX. ORDINANCE OF THE SECTION 3.44.040 CODE EXPANDING THE Final CITY OF CATV OF SAN THE SAN USERS TAX (24) Jeff Wright, P.O. Box 2341, San Bernardino, CA, inquired if a public hearing had been held prior to adoption of the ordinance; and suggested that the ordinance be amended to read wireless-users tax. Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA, voiced concern that the ordinance imposes a new tax that should first be voted upon by the citizens of San Bernardino. Sr. Assistant City Attorney Morillo indicated that the ordinance had received an adequate public hearing. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said ordinance be adopted. Ordinance MC-885 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Pope-Ludlam, Miller. Nays: Council Member Devlin. Absent: Council Member Hernandez. COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council meeting and took his place at the council table. 17 9/20/93 PUBLIC HEARING HEARING MID-MANAGEMENT EMPLOYEES IMPASSE (25) This is the time and place set for a public hearing to consider the Mid-Management Employees impasse hearing. In a memorandum dated September 9, 1993, Barbara Dillon, Personnel Director, stated that on December 31, 1992, the contract with the Mid-Management Employees expired. The previous contract was for one year. Under that contract, the Mid- Management Employees received compensation and benefits, including: City contribution towards employee health premiums; fifty-percent of Long-Term Disability (LTD) insurance premium; and shift differential pay for swing and graveyard shift. The Mid-Management Employees last received a four-percent across-the- board salary increase, effective July 1, 1991, plus salary increases ranging from two to twenty-two percent resulting from implementing a salary survey in January and July 1991, for a total of $424,422. On August 12, 1993, after ten negotiation sessions, the City Team declared impasse. An impasse meeting was held and Option B of the impasse procedures in Resolution No. 10584 was implemented calling for a determination by the Mayor and Common Council after a hearing on the merits of the dispute. Mayor Minor opened the hearing. Assistant City Administrator Wilson gave an overview of the Mid-Management Employees negotiations. Susan Tarvin, Labor Relations Representative, San Bernardino Public Employees Association, 433 N. Sierra Way, San Bernardino, CA, stated that there are 60 Mid-Management Employees affected by the negotiations; that the Mid-Management Employees have requested to continue the terms of the contract for 18 months rather than impose a contract that will last through December 1993; that the Employees object to the City's proposal to impose a 3% reduction in the PERS contribution; and recommended that the City's proposal regarding the conversion to a 9/80 or 4/10 work schedule be taken up under separate negotiations. Discussion ensued relative to the conversion plan for a 9/80 or 4/10 work week. Council Member Hernandez made a motion that the hearing be closed; that the City's Last, Best and Final Offer to the Mid- Management Employees be imposed with the exception of the PERS take-away; and that the City'S bargaining team be instructed to meet and confer with the Mid-Management Employees for the implementation of alternate work schedules including 9/80 and 4/10 plans. 18 9/20/93 The motion failed for lack of a second. John Tucker, Chairman, SBPEA, 433 N. Sierra Way, San Bernardino, CA, urged the Mayor and Council to accept the Union's Last, Best and Final Offer which will expire June 30, 1994. Discussion was held regarding the City's proposal to convert to a 9/80 or 4/10 alternate work week; to convert all references from days to eight hour increments; and to clarify the definition of a day. It was suggested that further discussions be held in closed session. Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that the matter relative to the 9/80 and 4/10 alternate work week be discussed in closed session. (Note: There was no vote taken at this time.) Sr. Assistant City Attorney Morillo advised the Mayor and Council that it would not be appropriate to work out the details of the 9/80 and 4/10 alternate work plans in closed session; and that closed session would be appropriate if the Mayor and Council desire to give further instruction to the negotiator. Council Member Pope-Ludlam withdrew her second to the motion. Shauna Clark, City Administrator, pointed out that if the Mayor and Council accepted the Union's Last, Best and Final Offer, the City will not be able to confer on the 9/80 and 4/10 alternate work plan. Council Member Hernandez made a motion, seconded by Council Member Miller, that the hearing be closed; that the City's Last, Best and Final Offer to the Mid-Management Employees be imposed with the exception of the PERS take-away; and that the City's bargaining team be instructed to meet and confer with the Mid- Management Employees for the implementation of alternate work schedules including 9/80 and 4/10 plans. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Devlin, Pope-Ludlam, Nays: Council Member Oberhelman. Absent: None. Council Miller. MC-886 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 2.45 TO THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING A HUMAN RELATIONS COMMISSION. Final (26) Rabbi Hillel Cohn, 3512 "E" Street, San Bernardino, CA, encouraged the Mayor and Council to adopt the ordinance. 19 9/20/93 Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, to approve the original ordinance that proposed the Human Relations Commission. (Note: There was no vote taken at this time.) Discussion was held regarding whether the ordinance contained the oath clause; whether t:le subpoena powers clause was deleted; and whether the clause pertaining to each Council Member's appointees not being required to be a resident of the ward was included in the ordinance. Ernest Wilson, Affirmative Action Officer, stated that the ordinance contained the oath clause; deleted the subpoena powers clause; and added the clause that Council Member appointees are not required to be a resident of the ward. Discussion ordinance which were residents before the Mayor was held regarding why allowed Council Members to of their respective wards and Council. the version of the appoint members who was not presented Council Member Curlin suggested that adoption of the ordinance be delayed for two weeks to provide assurances that there be fair representation on the Human Relations Commission by requiring appointees to be residents of the ward. Rabbi Cohn pointed out that the ordinance contains a clause which requires each appointment to be confirmed by the Mayor and Council. City Clerk Rachel Clark requested clarification as to ordinance is being voted upon. It was noted that action today would approve the ordinance which received its reading on August 16, 1993. which taken first Council Member Pope-Ludlam made a substitute motion, seconded by Council Member Miller, that said ordinance be adopted; that the proposed Human Relations Commission budget in an amount not-to-exceed $40,000 be approved; and that the Director of Finance be directed to incorporate that amount into the FY 1993/94 City Budget. The motion carried, and Ordinance MC-886 was adopted by the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Abstain: Council Members Curlin, Hernandez. Absent: None. 20 9/20/93 REQUEST DEFERMENT OF DEVELOPMENT IMPACT FEES - SPRING MOUNTAIN HOMES PROJECT (31) In a letter submitted by facsimile dated September 17, 1993, Spring Mountain Homes, Ltd, 1950 Sawtelle Blvd, Suite 280, Los Angeles, CA, requested that the item be continued to October 4, 1993. In a memorandum dated September 14, 1993, Fred Wilson, Assistant City Administrator, reported that on September 9, 1993, the Legislative Review Committee recommended denial of the request from Michael John Enterprises for a deferment of the development impact fees connected with the Spring Mountain Homes Project. In a memorandum dated September 9, 1993, Dennis Barlow, Sr. Assistant City Attorney, provided advice concerning the deferral of fees. Council Member Pope-Ludlam made a motion, seconded by Council Member Negrete, and unanimously carried, that the matter be continued to October 4, 1993, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 93-357 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 8234 ENTITLED, IN PART, "A RESOLUTION . ESTABLISHING PARKING TIME LIMITATIONS UPON CERTAIN DESIGNATED STREETS, ALLEYS, OR PORTIONS THEREOF. .;" AND AUTHORIZING THE IMPLEMENTATION OF A TWO-HOUR PARKING LIMITATION ON ORANGE SHOW LANE BETWEEN ARROWHEAD AVENUE AND THREE-HUNDRED AND SIXTY-FIVE FEET WEST OF ARROWHEAD AVENUE, APPLICABLE TO THE NORTH SIDE ONLY. (Continued from September 7, 1993) (28) Richard Siglund, owner of a business located at 368 Orange Show Lane, San Bernardino, CA, voiced support for the resolution, and suggested that a plan be established to allow free parking or provide less expensive parking for patrons of the Satellite Wagering facility. Jeff Wright, P.O. Box 2341, San Bernardino, CA, objected to the resolution. Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 93-357 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. 21 9/20/93 WAIVE FEES CENTER FOUNDATION $202.50 USE JAMES ELDER'S OF HERNANDEZ COMMUNITY ALL-AMERICAN YOUTH (33) In a memorandum dated September 7, 1993, Annie Ramos, Director of Parks, Recreation & Community Services, stated that James Elder, Executive Director, James Elder's All-American Youth Foundation, P.O. Box 7039, San Bernardino, CA, requested a waiver of fees in the amount of $202.50 for use of the Hernandez Community Center Gymnasium to conduct a 3 on 3 All Comers Basketball Tournament on October 9, 1993. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the request to waive fees for rental of Hernandez Center Gymnasium by James Elder's All-American Youth Foundation in the amount of $202.50, be approved. RECESS MEETING At 12:01 p.m., the regular meeting of the Mayor and Council recessed until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:04 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam, Miller; Sr. Assistant City Attorney Morillo, City Clerk Rachel Clark. Absent: Council Member Hernandez; Assistant City Administrator Wilson. ANNOUNCEMENT - COUNCIL MEMBER CJRLIN (2G) Council Member Curlin stated that a town hall meeting for residents of the Second Ward will be held October 6, 1993 at 6:30 p.m., at Lincoln School, 255 W. 13th Street, San Bernardino, California. COUNCIL MEMBER At 2:05 p.m., Council meeting and HERNANDEZ RETURNED Council Member Hernandez returned took his place at the council table. to the APPEAL PLANNING TRACT NO. 15494 & RONALD PEREZ COMMISSION'S APPROVAL TENTATIVE CONDITIONAL USE PERMIT NO. 92-34- (41) This Planning is the time Commission's and place set to hear an appeal of decision to approve Tentative Tract the No. 22 9/20/93 15494 and Conditional Use Permit No. 92-34, a proposal to subdivide two parcels into eight lots and to construct seven single-family dwelling units on seven of the eight lots in the RL, Residential Low, land use designation on the easterly side of Grande Vista Avenue, south of Edgemont Drive. The appellant is Ronald Perez, 3074 Herrington Avenue, San Bernardino, California. The applicant/owner is G & D Construction, Inc., 2234 E. Colorado Boulevard, Pasadena, California. In a letter dated September 17, 1993, Daniel Leibl, 2234 E. Colorado Boulevard, Pasadena, CA, requested that matter be continued for a period of four to six weeks. Esq. the In a letter dated September 8, 1993, John L. Bailey, Attorney, Hall & Bailey, 621 E. Carnegie Drive, Ste. 180, San Bernardino, CA, representing Harold & Sally Wilson, owners of property adjoining the property of G & D Construction Inc., requested that G & D Construction, Inc., cease from developing any portions of the property through which the easement runs, until the matter could be resolved. In a memorandum dated September 8, 1993, Al Boughey, Director of Planning & Building Services, stated that Mr. Ronald Perez, 3074 Herrington Avenue, San Bernardino, CA, has filed an appeal based on the following concerns: that the 5th Ward is not currently represented by the Common Councilor Planning Commission; that some of the proposed lots for Tentative Tract No. 15494 do not meet the RL, Residential Low, land use designation lot standards for lot area and width; that some of the Conditions of Approval for the project contain irregularities; that the project should be re-evaluated for fire safety, drainage and access to adjacent landlocked parcels to the east and parcels fronting on Marshall Boulevard; and that the Common Council re-examine the Hillside Management Overlay District development standards for minimum lot size, and setback requirements. The Planning Commission Declaration, approved the Program, Tentati ve Tract No. No. 92-34. adopted the Mitigated Negative Mitigation Monitoring/Reporting 15494, and Conditional Use Permit Al Boughey, Director of Pla,ming & Building Services, requested that the item be continued to November 1, 1993. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that the matter be continued to November 1, 1993 in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 23 9/20/93 The Members Miller. None. motion carried by the following vote: Ayes: Council Negrete, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Nays: None. Abstain: Council Member Curlin. Absent: APPEAL - PLANNING COMMISSION'S DENIAL - CONDITIONAL USE PERMIT NO. 93-01 - OFF-SITE SALE OF HARD LIQUOR - 484 SOUTH RANCHO AVENUE - ALl YASIN - CONTINUED FROM AUGUST 2, 1993 (38 & 39) This is the time and place continued to consider an appeal of the Planning Commission's denial of Conditional Use Permit No. 93-01, to upgrade a beer and wine license to allow off-site sale of hard liquor at an existing convenience market located at 484 South Rancho Avenue. The applicant is Ali Yasin, 22975 Orangewood Court, Grand Terrace, California. Mayor Minor opened the hearing. It was the consensus of the Mayor and Council that agenda items 38 and 39 be taken together. Al Boughey, Director of Planning & Building Services, presented background information. Eddy Robbin, Manager, 1043 S. Santo Antonio Drive, Colton, CA, stated that there is a distance of 20 feet preventing the applicant from obtaining an upgrade of the ABC liquor license. Ali requested sell hard Yasin, 22975 Orangewood Court, Grand Terrace, CA, that the City amend its laws to allow his business to liquor. INITIATE DEVELOPMENT CODE AMENDMENT LICENSE REQUIREMENTS OFF-SITE ABC (39) In a memorandum dated September 2, 1993, Al Boughey, Director of Planning & Building Services, requested authorization to initiate a Development Code amendment to revise the distance requirements for off-site ABC licenses in certain circumstances. He stated that the Development Code establishes distance requirements for off-site ABC licenses in relation to religious institutions, schools or public parks in the City within 500 feet and residential uses or districts within 100 feet. If a business does not meet these distance requirements, the application cannot be approved. There is an appeal pending before the Mayor and Council which cannot be approved without an amendment to the Development Code. The appellant feels that the distance requirements are unfair because his business is adjacent to the City of Colton and Colton does not have distance requirements. 24 9/20/93 Ruben Lopez, 631 W. 16th Street, San Bernardino, CA, voiced opposition to the appeal and requested the Mayor and Council deny Conditional Use Permit No. 93-01. Mr. Lopez further objected to any amendments to the Development Code which would provide options for deleting or modifying the distance requirement for off - si te ABC licenses for businesses adj acent to other jurisdictions. Planning Director Boughey a fee of $1500 is required amendment. answered questions and stated that to initiate a Development Code Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that the Planning Division be directed to prepare a Development Code Amendment to consider options for deleting or modifying distance requirements for off-site ABC licenses for businesses located adjacent to other jurisdictions; with the understanding that the applicant pay $1,000 towards the Development Code amendment fee. (Item No. 39) The Members Negrete, motion failed by the following vote: Ayes: Curlin, Hernandez, Pope-Ludlam. Nays: Council Oberhelman, Devlin, Miller. Absent: None. Council Members No further action was taken on Item No. 39. Council Member Miller made a motion, seconded by Council Member Oberhelman, that the hearing be closed; that the appeal be denied; and that Conditional Use Permit No. 93-01, to upgrade the beer and wine license to allow the off-site sale of hard liquor, be denied. (Item 38) The motion Members Negrete, Council Member Absent: None. carried by the following vote: Oberhelman, Devlin, Pope-Ludlam, Hernandez. Abstain: Council Ayes: Council Miller. Nays: Member Curlin. APPEAL 93-09 NORTHEAST DRIVE PLANNING COMMISSION'S DENIAL WALL SIGN MULTI-TENANT CORNER BASE LINE STREET & VARIANCE NO. RETAIL CENTER- MEDICAL CENTER (40) This is the time and place set for an appeal of the Planning Commission's denial of Variance No. 93-09, to allow a wall sign in an existing multi-tenant retail center at the northeast corner of Base Line Street and Medical Center Drive. The appellant is Heath & Company, 3225 Lacy Street, Los Angeles, California. 25 9/20/93 In a memorandum dated September 9, 1993, Al Boughey, Director of Planning & Building Services, stated that the appellant, Heath & Company, requests approval of Variance No. 93- 09, to allow a wall sign 146.25 square feet in area for a market located in a multi-tenant shopping center at the northeast corner of Base Line Street and Medical Center Drive in the CG-2, Commercial General, land use district. The Planning Commission denied Variance No. 93-03, based on the findings of a lack of special circumstances applicable to the property, and the premise that the additional identification sought by the market could be gained by placing a second center identification monument sign, with the market's name, along Medical Center Drive. Mayor Minor opened the hearing. Al Boughey, Director of Planning & Building Services, stated that staff supports Variance No. 93-09. Ora De Crouette, 915 West 7th Street, San Bernardino, CA, voiced support for Variance No. 93-09. Ruben Lopez, 631 W. 16th Street, San Bernardino, CA, spoke in opposition to the oversized sign request. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the hearing be closed; and that the Mayor and Council uphold the appeal and approve Variance No. 93-09, based on the findings of fact (Exhibit 3) and conditions of approval (Exhibit 4) . RES. 93-358 - RESOLUTION OF APPROVING AND ADOPTING THE FOR THE FISCAL YEAR 1993/94. 7, 1993) THE CITY OF SAN BERNARDINO FINAL BUDGET OF SAID CITY (Continued from September (27) Discussion ensued regarding the Council members budget and the amounts allocated to each member's park extension fund account. Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 93 -358 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Pope-Ludlam, Miller. Nays: None. Abstain: Council Members Hernandez, Devlin. Absent: None. 26 9/20/93 REQUEST TO RE-HEAR MAYOR DECISION TO UPHOLD DENIAL OF PERMIT POLICE DEPARTMENT CONTINUED FROM SEPTEMBER 7, 1993 AND COMMON COUNCIL'S ISSUANCE OF OPERATING DESERT INN MOTEL- (29) This is the time and place continued to consider a request to re-hear the Mayor and Common Council's decision to uphold the denial of the issuance of an operating permit for the Desert Inn Motel. In a facsimile dated September 16, 1993, Sing Chan, Attorney, 752 S. Atlantic Blvd., Monterey Park, CA, representing Mr. & Mrs. Liao, owners of the Lesert Inn Motel, provided a Brief in Support of the Motion to reconsider the denial of the issuance of an operator's permit. Sr. Assistant City Attorney Morillo stated that the attorney representing the owners of the Desert Inn Motel had indicated that he would not be present at today's Council meeting. Council Member Oberhelman made a motion, seconded by Council Member Miller, that the request for a re-hearing of the Mayor and Common Council's decision to uphold the decision of the Police Chief and Police Commission to deny an operating permit for the Desert Inn Motel, be denied. The Members Miller. motion carried by the following vote: Ayes: Council Negrete, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Nays: Council Member Curlin. Absent: None. PROPOSED SETTLEMENT SURVEY SERVICES WIDEN "E" STREET BRIDGE SOUTHLAND SURVEYING, CONTINUED FROM SEPTEMBER 7, 1993 SOUTH INC. - (30) This is the time and place continued to consider a proposed settlement in the amount of $5,000 for survey services to widen the South "E" Street Bridge at the Santa Ana River provided by Southland Surveying, Inc. Sr. Assistant City Attorney Morillo requested that the item be continued to October 4, 1993. Council Member Miller made a motion, seconded by Council Member Devlin, and unanimously carried, that the matter be continued to October 4, 1993, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 27 9/20/93 TRANSPORTATION CONTROL ADOPT CORE ACTIONS & MEASURE SUB-REGIONAL PROGRAM - CONSIDER DISCRETIONARY ACTIONS (32) In a memorandum dated September 1, 1993, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that Southern California is required by the 1991 South Coast Air Quality Management Plan, and the 1992 Federal Attainment Plan for Carbon Monoxide to develop Transportation Control Measures (TCM) , in order to reduce the number of vehicle trips. The Congestion Management Program for San Bernardino County, as amended by action of the SANBAG Board of Directors requires jurisdictions to commit to certain actions by June 30, 1993; and to adopt a transportation control measure ordinance by December 31, 1993. A reduction of 500,000 trips per day is mandated for Southern California by the South Coast Air Quality Management Plan. San Bernardino County's share of this targeted reduction is 40,000 trips per day. Representatives from local government and SANBAG have developed a list of core, recommended, discretionary and regional actions, for inclusion in the TCM Program. Core actions are required to be adopted by all local agencies by December 31, 1993. RESOLUTION OF THE CITY OF SAN BERNARDINO COMMITTING TO ADOPT CORE ACTIONS TO CONSIDER RECOMMENDED AND DISCRETIONARY ACTIONS UNDER THE TRANSPORTATION CONTROL MEASURE SUB-REGIONAL IMPLEMENTATION PROGRAM IN ACCORDANCE WITH THE REQUIREMENTS OF THE 1991 SOUTH COAST AIR QUALITY MANAGEMENT PLAN AND THE 1992 FEDERAL ATTAINMENT PLAN FOR CARBON MONOXIDE. (32) Council Member Pope-Ludlam made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the proposed resolution committing to adopt core actions, and consider discretionary actions, under the Transportation Control Measure (TCM) Sub-Regional Implementation Program, be referred to the Legislative Review Committee for review and a recommendation. WAIVE FEES OCTOBER 23 , DEPARTMENT OF $3,410 5TH ANKUAL RED RIBBON PARADE- 1993 COUNTY OF SAN BERNARDINO, PUBLIC HEALTH - HENRY VALLES (34) In a memorandum dated September 13, 1993, Shauna Clark, City Administrator, stated that Henry Valles, Chairperson of the 5th Annual Red Ribbon Committee, 351 N. Mt. View Avenue, San Bernardino, CA, requested a waiver of fees in the amount of $3,410 in connection with the Red Ribbon parade scheduled for October 23, 1993. 28 9/20/93 Council Member Hernandez made a motion, seconded by Council Member Curlin, that the request for waiver of fees in the amount of $3,410 to assist with the Red Ribbon Parade scheduled for October 23, 1993, be approved. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Miller. Nays: Council Member Devlin. Abstain: Council Member Pope-Ludlam. Absent: None. DESIGNATE VOTING DELEGATE - LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE - OCTOBER 16 THROUGH 19, 1993 (35) In a memorandum dated September 9, 1993, Rachel Clark, City Clerk, stated that the League of California Cities Annual Conference is scheduled for October 16 through 19, 1993 in San Francisco. The League has requested that each City designate a voting representative and alternate to attend the general business meeting. Council Member Oberhelman made a motion, seconded by Council Member Curlin, and unanimously carried, that Council Member Miller be designated as the City of San Bernardino's voting representative for the League of California Cities Annual Conference to be held October 16 19, 1993 in San Francisco, California; and that Council Member Curlin be designated as the alternate voting representative. REQUEST TO CHANGE SECOND REGULAR COUNCIL OCTOBER 1993 - CITY CLERK RACHEL CLARK MEETING- (36) In a memorandum dated September 15, 1993, Rachel Clark, City Clerk, stated that the League of California Cities Annual conference is scheduled for October 16 through 19, 1993 and some Council members will be attending t.he Conference. Mayor Minor has requested that the second Council meeting in October be changed to Thursday, October 21, 1993. Council Member Pope-Ludlam made a motion, Council Member Negrete, and unanimously carried, that the second regular Council meeting in October be Thursday, October 21, 1993. seconded the date changed by of to ALLOCATE FUNDS - $1,200 - FINE ARTS FISCAL YEAR BUDGET - "A WORKSHOP FOR THE ARTS" - SATURDAY, 2, 1993 - RADISSON HOTEL 1993/94 OCTOBER (37) In a memorandum dated August 2, 1993, Mayor Minor stated that the Ways and Means Committee approved the Fine Arts Commission'S request for funding in the amount of $1,200 for "A Workshop For the Arts", to be held on Saturday, October 2, 1993 at the Radisson Hotel. 29 9/20/93 The Fine Arts Commission will present the workshop in order to provide the non-profit arts organizations the opportunity to gain skills in fund raising, grant writing, and membership retention, and to encourage the arts organizations to help increase their revenue through sources other than City funding. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the allocation of funds in the amount of $1,200 from the Fiscal Year 1993-94 Fine Arts Budget, for the purpose of a "Workshop for the Arts", be approved. ANNOUNCEMENT - MAYOR MINOR (2G) Mayor Minor announced that Swen Larson, Chairman, San Bernardino International Airport Authority, indicated that Norton Air Force Base was chosen as a recipient of a twenty million dollar conversion grant from the Federal government. RECESS MEETING At 3:10 p.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 3: 22 p. m., the regular meet ing of the Mayor and Common Council reconvened 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, Minor, Pope-Ludlam, Miller; Sr. Assistant City Attorney Morillo, City Clerk Rachel Clark. Absent: Assistant City Administrator Wilson. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 3:22 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. 93-359 AUTHORIZING CITY OF SAN RELATING TO PURPOSES. - RESOLUTION OF THE CITY OF SAN BERNARDINO THE EXECUTION OF AN AGREEMENT BETWEEN THE BERNARDINO AND WEST COAST ARBORISTS, INC., TREE TRIMMING SERVICES FOR TREE TRIMMING (R-2) 30 9/20/93 - RES. 93-360 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO B-1 ENTERPRISE CORPORATION FOR INSTALLATION OF HANDICAPPED RAMPS AT VARIOUS LOCATIONS. (R-3) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolutions be adopted. Resolution Nos. 93-359 and 93-360 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. REPROGRAM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS - HANDICAPPED ACCESSIBILITY PROJECT (CDBG) (R-4) In a memorandum dated September 7, 1993, Kenneth J. Henderson, Executive Director, Development Department, Economic Development Agency, stated that staff recommends the transfer and reprogramming of unencumbered Community Development Block Grant funds totalling $31,968.44 to finance the Public Works Department Handicapped Accessibility project. On September 2, 1993, the Community Development Citizen Advisory Committee reviewed the request and recommended approval. Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Common Council approve the transfer and reprogramming of Community Development Block Grant (CDBG) funds in the amount of $31,968.44 for the Handicapped Accessibility Project. TRANSFER COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS - PARKS, RECREATION & COMMUNITY SERVICES PROJECTS (R-5) In a memorandum dated September 7, 1993, Kenneth J. Henderson, Executive Director, Development Department, Economic Development Agency, requested authorization to shift Community Development Block Grant funds to the Parks, Recreation and Community Services Department for the Mill Center pO,?l/fence proj ect, the Delmann Heights restroom renovation proj ect, the Mill Center floor replacement project, and the Nicholson Park restroom renovation project. On September 2, 1993, the Community Development Citizen Advisory Committ.ee reviewed the request and recommended approval. Council Member Oberhelman Member Miller, and unanimously Council approve the transfer funds between certain Parks, Department projects. made a motion, seconded by Council carried, that the Mayor and Common of Community Block Grant (CDBG) Recreation and Community Services 31 9/20/93 ANNOUNCEMENT - DAN STARK (2H) Dan Stark, Executive Director, San Bernardino Convention & Visitors Bureau, 201 North "E" Street, San Bernardino, CA, thanked the Mayor and Council, Police Department, and volunteer staff for their outstanding support during the Route 66 Rendezvous held September 17 through 19, 1993. Mr. Stark presented the Mayor and Council members with t-shirts. Sgt. Dave Anderson, San Bernardino Police Department, stated that over the three-day period approximately 115,000 people attended the Route 66 event; and that only one arrest was made by the Police Department. RES. 93-361 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO SUPPORTING THE LOCATION OF A CAL-EPA INLAND EMPIRE ONE-STOP PERMIT CENTER WITHIN THE CITY OF SAN BERNARDINO. (R-8) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 93-361 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 93-362 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF UNDERTAKING CERTAIN BLIGHT REDUCING ACTIVITIES FOR THE STATE COLLEGE REDEVELOPMENT PROJECT AREA OF THE SAN BERNARDINO REDEVELOPMENT AGENCY. (R-9) Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, that the Mayor and Common Council approve Community Development Block Grant (CDBG) funds in an amount not-to-exceed $25,000 to underwrite the Macy/Blake Sewer Project contingent upon the County of San Bernardino paying one- half of the required costs; and that said resolution be adopted. The motion carried, and Resolution No. 93-362 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. 32 9/20/93 ADMINISTRATIVE ASSISTANT TO COUNCIL/COMMISSION- COUNCIL MEMBER HERNANDEZ - CONTINUED FROM SEPTEMBER 7, 1993 (RS-2) This is the time and place continued to consider a to establish the position of Administrative Assistant Council/Commission. The request was made by Council Hernandez. request to the Member Council Member Hernandez made a motion, seconded by Council Member Negrete, that the Mayor and Common Council establish the position of Administrative Assistar:t to the Council/Commission (Motion A); that the Community Development Commission appropriate sufficient funds from the Fiscal Year 1993/94 Economic Development Agency (EDA) budget to fund the newly-established position of Administrative Assistar:t to the Council/Commission (Motion B); that the Mayor and Common Council establish the salary for said position from $3117 per month to $3789 per month (Motion C); that the Mayor and Common Council hire Mr. Kenneth Johnston, effective September 16, to fill said position at Step 3 (Motion D); and that the Mayor and Common Council assign Mr. Johnston to the Council Office under the direct supervision of the Council Executive Assistant (Motion E) (Note: There was no vote taken on motions A-E at this time.) Discussion ensued regarding the City Attorney's legal opinion relative to the hiring of the Administrative Assistant. Council Member Pope-Ludlam made a substitute motion, seconded by Council Member Hernandez, and unanimously carried, that the Mayor and Common Council continue the matter until a meeting is called; and at that time, an agenda item will be brought back which is constructed by the Council Committee. ASSISTANT CITY ADMINISTRATOR WILSON RETURNED Assistant City Administrator Wilson returned to the Council meeting. PERSONNEL ACTION (S-I) Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the appointment of Robert Sullivan, Law Enforcement Trainee (L.E.T.), Police Department, Range PT, Flat $2419/month, effective September 30, 1993, be approved. 33 9/20/93 RES. 93-363 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 92-408 ENTITLED, IN PART, "A RESOLUTION. . ESTABLISHING PARKING RESTRICTIONS FOR THE CENTRAL CITY MALL AREA AND THE FIVE-LEVEL CIVIC CENTER PARKING STRUCTURE " TO RESERVE EIGHT PARKING SPACES FOR THE USE OF THE ECONOMIC DEVELOPMENT AGENCY, IN THE SECOND LEVEL OF THE FIVE-LEVEL CIVIC CENTER PARKING STRUCTURE. (S-2) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 93 -363 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 93-364 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHIEF OF POI,ICE TO FILE A GRANT APPLICATION WITH THE DEPARTMENT OF JUSTICE FOR ADDITIONAL POLICE OFFICERS PURSUANT TO THE POLICE HIRING SUPPLEMENT PROGRAM AND AUTHORIZING THE CITY'S CONTRIBUTION OF MATCHING FUNDS OVER THE LIFETIME OF THE GRANT. (S-3) Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 93-364 was adopted by the following vote: Ayes: Council Members Negrete, Cu::-lin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 93-365 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO GRGO & GORDON GRBAVAC CONSTRUCTION COMPANY, INC. FOR INSTALLATION OF SMALL CANYON STORM DRAIN FROM HIGHLAND AVENUE TO ATLANTIC AVENUE. (S-4) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that the transfer of $58,741 from Account No. 248- 368-57811, "Highland Avenue - Phase I, Patton Hospital to Orange Street," to Account No. 248-368-57826 "Small Canyon Channel Atlantic Avenue to Highland Avenue", be approved; and that said resolution be adopted. The motion carried, and Resolution No. 93-365 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. 34 9/20/93 RES. 93-366 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO HOVEY ELECTRIC, INC. FOR INSTALLATION OF TRAFFIC SIGNALS AND HIGHWAY LIGHTING AT ARROWHEAD AVENUE AND SEVENTH STREET. (S-5) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 93 -366 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RECONSIDER - RES. 93-355 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO FAIRVIEW FORD FOR THE FURNISHING AND DELIVERY OF ONE EACH, BUCKET LIFT TRUCK, TO BE UTILIZED BY THE PUBLIC WORKS/TRAFFIC SIGNALS DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-93-23. (Discussed earlier in the meeting) (See page 15) (21) Council Member Oberhelman made Member Negrete, that the Mayor adoption of Resolution No. 93-355. a motion, seconded by Council and Council reconsider the The Members Miller. None. motion carried by the following vote: Ayes: Council Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Nays: None. Abstain: Council Member Devlin. Absent: Fred Wilson, Assistant City Administrator, indicated that he erred in requesting that the resolution be amended. He stated that after consulting with the Public Works/Traffic Signals Department, the correct contract pr ice for the purchase of one bucket lift truck is $43,485.75 as indicated on the staff report dated August 18, 1993. Mr. Wilson further requested that the resolution not be amended. Council Member Oberhelman made a motion, seconded by Council Member Miller, to ratify previous action taken to adopt Resolution No. 93-355, with the contract price for the purchase of one bucket lift truck as $43,485.75. Resolution No. 93 -355 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Abstain: Council Member Devlin. Absent: None. RECESS MEETING - CLOSED SESSION (R-I0) -. At 4:26 p.m., the regular meeting of the Mayor and Common Council and Community Development Commission recessed to closed session for the following: 35 9/20/93 d. to give instruction to the Commission's negotiator on the purchase of property pursuant to Government Code Section 54956.8. The real property which the negotiations concern is generally located at 5055 Hallmark. 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 City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Sr. Assistant City Attorney Morillo, City Clerk Rachel Clark, Assistant City Administrator Wilson. Absent: None. Also present: Tim Steinhaus, Agency Administrator, Economic Development Agency, Tim Sabo, Sabo and Green, Special Counsel to the Economic Development Agency; Sgt. Steven Klettenberg, Police Department. ADJOURNED CLOSED SESSION At 5:14 p.m., the closed session adjourned. ADJOURNMENT (42) At 5:14 p.m., the meeting was adjourned. will be held at 8:00 a.m., Monday, October Council Chambers of City Hall, 300 North Bernardino, California. The next meeting 4, 1993, in the liD" Street, San RACHEL CLARK City Clerk ~. ) / i . I By.'. "-...j"~?~;-=> Diane J9nes, Deputy City Clerk / No. of Items: 73 No. of Hours: 7 hrs. 10 min. 36 9/20/93