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HomeMy WebLinkAbout11-15-1993 Minutes -, MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING NOVEMBER 15, 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 8:00 a.m., Monday, November 15, 1993, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; council Members Negrete, curlin, Hernandez, Oberhelman, Devlin, Miller; Sr. Assistant city Attorney Morillo, city Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Pope-Ludlam. CLOSED SESSION - ADDITIONAL CASES Sr. Assistant City Attorney Morillo announced that the following additional cases would be heard in closed session: Francis Kwai Chona Foo vs. James F. Penman. et al - united States District Court Case No. CV-91-3056 RG (Kx); Amrut Patel. et al vs. James F. Penman. et al States District Court Case No. CV-91-1420 RG (Kx). - united 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 a. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9(b) (1), as there is significant exposure to litigation; 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); 1 11/15/93 c. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9(c), so that the Council/Commission may decide whether to initiate litigation; d. to consider personnel matters pursuant to Government Code Section 54957; 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 southeast of the intersection of 5th Street and the I- 215 Freewav (Fourth Street Rock). bounded bv 5th Street to the north. Rial to Avenue to the south. Santa Fe Intermodal Facilitv to the east. and Rancho Avenue to the west: the area south of the converaence of State University Parkwav and the 215 Freeway (American Can). bounded by Palm Avenue to the north. San Bernardino Steel to the south. Industrial Parkwav to the east. and the ATSF main railwav and Caion Boulevard to the west: the area bounded bv Rialto Avenue to the north. Cluster Street to the south. Sierra Wav to the east. and Arrowhead Avenue to the west. The identity of each person with whom negotiations are authorized is: Shauna Clark, City Administrator; 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: Cook vs. Carousel Mall. et al - San Bernardino Superior Court Case No. SCV 07595; 2 11/15/93 stubblefield Construction Company. et al vs. citv of San Bernardino. et al - San Bernardino County Superior Court Case No. 242998 and 242058; Court of Appeal Case No. 4th civil No. E009749 (C/W E010088). CLOSED SESSION At 8:03 a.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller; Sr. Assistant city Attorney Morillo, City Clerk Rachel Clark, city Administrator Shauna Clark. Absent: Council Member Pope- Ludlam. Also Scroggin, Office. present: Deputy City Administrative Operations Attorney Empeno, Margaret Supervisor, City Attorney's CITY ATTORNEY PENMAN ARRIVED At 8:04 a.m., City Attorney Penman arrived at the closed session. 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. COUNCIL MEMBER At 8: 11 a.m., closed session. POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the AL BOUGHEY, ARRIVED At 8:15 a.m., Al Boughey, Services, arrived at the closed DIRECTOR OF PLANNING & BUILDING SERVICES Director of Planning & Building session. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 8:20 a.m., Deputy City Attorney Empeno left the closed session. AL BOUGHEY, DIRECTOR OF PLANNING & BUILDING SERVICES EXCUSED At 8:20 a.m., Al Boughey, Director of Planning & Building Services, left the closed session. 3 11/15/93 ADJOURN CLOSED SESSION At 8:40 a.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. 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, Devlin, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. INVOCATION The invocation Bernardino Church of was given by Shelby Religious Science. Carson craig, San PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Negrete. ANNOUNCEMENT - COUNCIL MEMBER CURLIN (2) - Council Member Curlin stated that a town hall residents of the Second Ward will be held Wednesday, 1993 at 6:30 p.m., at Lincoln School, 255 W. 13th Bernardino, California. meeting for December 1, Street, San PUBLIC COMMENTS (3) There were no public comments during the public comments section of this meeting. COUNCIL MEMBER MILLER EXCUSED At 9:05 a.m., Council Member Miller left the Council meeting. APPOINTMENT DAVID E. SKEETERS ADVISORY COMMITTEE MAYOR MINOR NOVEMBER 1, 1993 TRAFFIC SAFETY CONTINUED FROM (4) In a memorandum dated October 26, 1993, Mayor Minor recommended the appointment of David E. Skeeters, 22735 Kentfield, Grand Terrace, CA, to the Traffic Safety Advisory Committee. 4 11/15/93 Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the appointment of David E. Skeeters to the Traffic Safety Advisory Committee, as requested by Mayor Minor, be approved. COMMENDATION MICHAEL B. COLEMAN ADVISORY COMMITTEE TRAFFIC SAFETY J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending Michael B. Coleman for his service during his term as a Traffic Safety Advisory Committee member from september 1992 through October 1993. Mr. Coleman accepted the resolution. APPOINTMENT - JACK HILL - HUMAN RELATIONS COMMISSION- MAYOR MINOR - CONTINUED FROM NOVEMBER 1, 1993 (4A) In a memorandum dated November 2, 1993, Mayor Minor recommended the appointment of Jack L. Hill, 1033 W. 10th Street, San Bernardino, CA, to the Human Relations Commission. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the appointment of Jack L. Hill to the Human Relations Commission, as requested by Mayor Minor, be approved. APPOINTMENT UNA COMMISSION - COUNCIL NOVEMBER 1, 1993 QUINLIVAN SENIOR AFFAIRS MEMBER NEGRETE - CONTINUED FROM (4B) In a recommended Avenue, San memorandum dated November 2, 1993, Mayor Minor the appointment of Una M. Quinlivan, 168-A W. Rialto Bernardino, CA, to the Senior Affairs Commission. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the appointment of Ms. Una M. Quinlivan to the Senior Affairs Commission, as requested by council Member Negrete, be approved. APPOINTMENT WAYNE COMMISSION COUNCIL FROM NOVEMBER 1, 1993 HENDRIX BOARD OF BUILDING MEMBER OBERHELMAN CONTINUED (4C) In a recommended Bernardino, memorandum dated November 9, 1993, the appointment of Wayne Hendrix, 5430 CA, to the Board of Building Commission. Mayor Minor N. Lugo, San .- 5 11/15/93 ~, council Member Oberhelman made a motion, seconded by council Member Hernandez, and unanimously carried, that the appointment of Wayne Hendrix to the Board of Building Commission, as requested by Council Member Oberhelman, be approved. APPOINTMENT BILL LUSK COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE - COUNCIL MEMBER OBERHELMAN - CONTINUED FROM NOVEMBER 1, 1993 (4D) In a recommended Bernardino, Committee. memorandum dated November 9, 1993, Mayor Minor the appointment of Bill Lusk, 3905 Dwight Way, San CA, to the Community Development citizens Advisory Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the appointment of Bill Lusk to the Community Development citizens Advisory Committee, as requested by Council Member Oberhelman, be approved. APPOINTMENT - ERNEST GLASS - FIRE COMMISSION - COUNCIL MEMBER DEVLIN - CONTINUED FROM NOVEMBER 1, 1993 (4E) In a memorandum dated November 9, 1993, Mayor Minor recommended the appointment of Ernest Glass, 5518 Louise Street, San Bernardino, CA, to the Fire commission. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the appointment of Ernest Glass to the Fire Commission, as requested by Council Member Devlin, be approved. PRESENTATION - ERIKS ZUNDA, MAYOR OF TUKUMS, LATVIA (4F) J. Lorraine Velarde, Jean Andersen, Executive Affairs, Mayor's Off ice, City of Tukums, Latvia. Executive Assistant to the Mayor, and Director of Cultural & International introduced Eriks Zunda, Mayor of the Mayor Minor presented a Key to the city and the city's pin to Mayor Eriks Zunda. Mayor Zunda presented a City of Tukums flag and pin to Mayor Minor. COUNCIL MEMBER MILLER RETURNED At 9:10 a.m., Council Member Miller meeting and took her place at the council returned to the Council table. 6 11/15/93 PRESENTATION CRAIG BATCHELAR, DEPARTMENT - TAURANGA, NEW ZEALAND MANAGER, PLANNING (4G) Jean Andersen, Executive Director, Cultural & International Affairs, Mayor'S Office, introduced Craig Batchelar, Manager of the Planning Department, from Tauranga, New Zealand. Mayor Minor named Craig Batchelar, the City of San Bernardino and presented of Friendship". an Honorary citizen of him with a "certificate CERTIFICATES OF COMMENDATION SCHOOL SAN BERNARDINO HIGH (4H) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending San Bernardino High School community Involvement Through Youth (C.I.T.Y.) participants for their involvement in the Rediscover San Bernardino Day activities held on October 9, 1993. The following students were presented with certificates of participation: stacey Adams; will Aguilar; Anaka Brown; Diana Chavez; Matthew Funk; Patricia Garcia; Lucia Giammatasio; Richard Gutierrez; Elefteria Hadjiconstantis; Heather Harvey; Anthony Johnson; Juan Landin; Omar Lorrabaquio; Reina Loya; Melanie Marin; Miranda Megill; Maria Mejia; Jessica Milian; Marisa Morris; Michelle Nedlik; Kenneta Nelson; Ian Matthew pritchett; Dolores Ramirez; Veronica Ramirez; Sandy Rodriguez; Haydee Rosas; chrisine Sanchez; Randy Scarborough; Chris Sermeno; Christy Shaney; Matthew Shaney; Jennifer Shetler; Michelle Staab; B. J. Sullivan; Jesse Trevino; Naomi Vasquez; Jason Kasica; Jacqueline Ramirez; Claudia Cruz; and Christine Sanchez. AMBASSADOR OF GOODWILL HONORARY CITIZENS CERTIFICATES - KELLOGG FOUNDATION PARTICIPANTS (4I) J. Lorraine Velarde, Executive Director to the Mayor, read a resolution commending the Kellogg Foundation Exchange students from California State University, San Bernardino and the Exchange students from Mexicali's universidad Autonoma de Baja California. The following students were presented with Ambassador of Goodwill Certificates: Catalina Avina, Maya De Leon, Robin Hannah, Steven Mortell, and Keisha Ross; and Honorary citizens certificates to: Maria De los Angeles Cervantes Avena, Brenda Isabel Valdez Bojorquez, Emma Hortencia Calderon Burruel, Bejamin Bastidas Palacios, Blanca Isela Reyes, and Edgar Alonso Jimenez Soto. 7 11/15/93 PROCLAMATION NATIONAL DRUNK & PREVENTION MONTH - DECEMBER 1993 DRUGGED DRIVER (4J) J. Lorraine Velarde, Executive Director to the Mayor, read a resolution proclaiming the month of December 1993 as National Drunk & Drugged Driver Prevention Month in the City of San Bernardino. Wayne Harp, Assistant Police Chief, accepted the resolution. PRESENTATION - POW/MIA FLAG - VIETNAM VETERANS AMERICA - LARRY MORELLO (4K) Larry Morello, Vietnam Veterans of America, Chapter 47, presented the POW/MIA Flag to the Mayor of the city of San Bernardino. SERVICE PIN AWARD CEREMONY (4L) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of employees receiving service pin awards. Each employee received a service pin from Mayor Minor in gratitude of his/her many years of dedicated service to the city. COUNCIL MINUTES (6) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the minutes of the following meeting of the Mayor and Common Council of the City of San Bernardino be approved as submitted in typewritten form: september 20, 1993. COPS FOR KIDS AT CHRISTMAS - $2,115 APPROPRIATION (11) In a memorandum dated November 5, 1993, Shauna Clark, City Administrator, stated that on November 3, 1993, the Ways and Means Committee recommended that $2,115 be appropriated to Cops for Kids at Christmas. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that $2,115 be transferred from Account No. 001-101-52020 to Account No. 001- 092-53676 to fund cops for Kids at Christmas for Fiscal Year 1993-94. 8 11/15/93 CLAIMS AND PAYROLL (12) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the claims and payroll, and authorization to issue warrants as listed on the memorandum dated November 9, 1993, from the Director of Finance, be approved. PERSONNEL ACTIONS (13) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated November 3, 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- RECONSIDERED LATER IN THE MEETING - SEE PAGE 30 (14) 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 December 20, 1993. RES. 93-413 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACKNOWLEDGING THE RECEIPT AND FILING OF THE ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE YEAR 1993. (15) RES. 93-414 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTIVE DIRECTOR, DIRECTOR, ASSISTANT DIRECTOR, DISASTER PREPAREDNESS COORDINATOR, AND DISASTER PREPAREDNESS REPRESENTATIVE OF EMERGENCY SERVICES TO EXECUTE APPLICATIONS AND DOCUMENTS FOR THE PURPOSE OF OBTAINING FINANCIAL ASSISTANCE UNDER THE FEDERAL CIVIL DEFENSE ACT OF 1950, AS AMENDED, EFFECTIVE JULY 5, 1988, AND REPEALING RESOLUTION NOS. 89-504, 90-327, 91-430 AND 92-352. (16) RES. 93-415 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY LEASE TRANSACTION RELATING TO NORTON AIR FORCE BASE. (18) RES. 93-416 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR A DRUG ABUSE RESISTANCE EDUCATION (D.A.R.E.) PROGRAM OFFICER. (30) 9 11/15/93 RES. 93-417 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A SEWER CONSTRUCTION ASSESSMENT DISTRICT LOCATED IN THE QUAIL CANYON AREA; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 1011; AND NOTICING A TIME AND DATE OF A PUBLIC MEETING AND A TIME AND DATE OF A PUBLIC HEARING. (31) RES. 93-418 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PLAY SAFE SURFACES INC. RELATING TO PLAYGROUND CUSHIONED FLOORING FOR PLAYGROUND RESURFACING PURPOSES. (32) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolutions be adopted. Resolution Nos. 93-413, 93-414, 93-415, 93-416, 93-417, and 93-418 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. ORD. MC-887 AN ORDINANCE OF THE CITY OF SAN BERNARDINO CHANGING CHAPTER 2.45 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE HUMAN RELATIONS COMMISSION TO CHAPTER 2.39 AND AMENDING SECTION 2.39.060(h) (7) OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE TAKING OF TESTIMONY UNDER OATH BEFORE THE HUMAN RELATIONS COMMISSION. Final (33) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said ordinance be adopted. Ordinance No. MC-887 was adopted Ayes: Council Members Negrete, Curlin, Devlin, Pope-Ludlam, Miller. Nays: None. by the following vote: Hernandez, Oberhelman, Absent: None. WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (5) Jeff Wright, P.O. Box 2341, San Bernardino, CA, objected to the reading of resolutions and ordinances at 8:00 a.m., while the Mayor and Council are in closed session. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas, be waived. 10 11/15/93 TRAFFIC SIGNAL INTERCONNECT MUSCUPIABE DRIVE TO SIERRA WAY ADVERTISE FOR BIDS HIGHLAND AVENUE, FROM - APPROVAL OF PLANS & (7) In a memorandum dated October 27, 1993, Roger G. Hardgrave, Director of Public Works/city Engineer, stated that plans and specifications have been completed for the installation of a traffic signal interconnect in Highland Avenue, from Muscupiabe Drive to Sierra Way. The total estimated project cost is $320,000. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the plans for the installation of a traffic signal interconnect in Highland Avenue, from Muscupiabe Drive to Sierra Way, per Plan No. 8871, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. REQUEST TO CHANGE MEETING DATES FOR JANUARY 1994 (8) In a memorandum dated November 3, 1993, city Clerk Rachel Clark requested that the Council meetings in January 1994 be moved to the second and fourth Mondays, January 10 and 24, respectively, instead of the normal first and third Mondays. Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that the Mayor and Common Council meetings held in January 1994, be changed to January 10 and 24, 1994. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, DeVlin, Pope-Ludlam, Miller. Nays: None. Abstain: Council Member Hernandez. Absent: None. HUMAN RELATIONS COORDINATOR POSITION - LAURA CANNIS (9) In a memorandum dated November 4, 1993, Ernest Wilson, Affirmative Action Officer, Mayor's Office, stated that on september 23, 1993, Ordinance MC-886 was adopted establishing the Human Relations Commission. After reviewing the requirements of the Human Relations Coordinator position, it is recommended that the position be established on a temporary, part-time basis at a salary equivalent to the position of Senior Affairs Coordinator. An interview of six applicants was conducted, and Laura Cannis was selected for the position. In approximately eight months, a decision and recommendation will be made to the Mayor and Council as to whether this position should remain temporary, or become a full-time permanent position. 11 11/15/93 council Member Hernandez made a motion, seconded by council Member Negrete, and unanimously carried, that the position of Human Relations Coordinator be established in the Office of Affirmative Action at Range 1303, step 2 on a temporary basis, not-to-exceed eight months; and that the appointment of Laura Cannis to the position be approved, effective November 16, 1993. SAN BERNARDINO COMMUNITY AGAINST DRUGS APPROPRIATION $20,000 (10) In a memorandum dated November 5, 1993, Shauna Clark, City Administrator, stated that on November 3, 1993, the Ways and Means Committee recommended that $20,000 be appropriated to San Bernardino Community Against Drugs. Council Member Negrete made a motion, seconded by Council Member Pope-Ludlam, that $20,000 be transferred from Account No. 001-101-52020 to Account No. 001-092-53675 to fund San Bernardino Community Against Drugs for Fiscal Year 1993-94. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Abstain: Council Member Hernandez. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH WILBUR L. WOOLDRIDGE FOR SERVICES AS THE LITERACY INSTRUCTOR TO THE ADULT BASIC EDUCATION PROGRAM. (17) Council Member Hernandez made a motion, seconded by Council Member Negrete, and unanimously carried, that said resolution be tabled. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE METROPOLITAN OPERA NATIONAL COUNCIL AUDITIONS - WESTERN REGION FOR THE PROMOTION OF ARTS AND CULTURE. (Discussed later in the meeting) (See pages 28, 29, 30) (19) 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. (Discussed later in the meeting) (See pages 29 & 30) (20) 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. (Note: The vote was taken later in the meeting) (See page 14) (21) 12 11/15/93 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE NATIONAL COUNCIL OF NEGRO WOMEN, INCORPORATED FOR THE PROMOTION OF ARTS AND CULTURE. (Discussed later in the meeting) (See pages 28 & 30) (22) 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. (Discussed later in the meeting) (See pages 29 & 30) (23) 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. (Note: The vote was taken later in the meeting) (See page 14) (24) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH INLAND DANCE, INCORPORATED FOR THE PROMOTION OF ARTS AND CULTURE. (Note: The vote was taken later in the meeting) (See page 14) (25) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND EMPIRE OPERA ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE. (Discussed later in the meeting) (See pages 29 & 30) (26) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SINFONIA MEXICANA FOR THE PROMOTION OF ARTS AND CULTURE. (Note: The vote was taken later in the meeting) (See page 15) (27) 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. (Discussed later in the meeting) (See pages 29 & 30) (28) Discussion ensued relative to the funding levels recommended by the Fine Arts Commission. Council Member Miller distributed a revised list of the Fine Arts commission grant allocations for Fiscal Year 1993/94. Council Member Hernandez made a motion, that Fine Arts commission grant allocations submitted Member Miller be approved. the by revised Council 0"'-" 13 11/15/93 The motion failed for lack of a second. Jean Andersen, Executive International Affairs, Mayor's regarding how grant allocations are Director of cultural & Office, answered questions determined. Susan Feller, 3356 Parks ide Drive, San Bernardino, CA, spoke in support of the Inland Empire Symphony Association's request for funding assistance in the amount of $80,000. Council Member Hernandez made a motion, resolutions be continued to later in the meeting. that said The motion failed for lack of a second. Kei th stava, General Manager, San Bernardino civic Light Opera Association, P.O. Box 6655, San Bernardino, CA, requested that the City maintain the same level of financial assistance as in years past. Council Member Miller made a motion, seconded by Council Member Oberhelman, that the recommendations on the amended list of appropriation amounts be agreed upon by the Mayor and Common Council with the exception of the Metropolitan Opera National Council Auditions - Western Region, San Bernardino civic Light Opera Association, Canto Bello Chorale, and Inland Empire Opera Association, which will be voted upon separately. (Note: There was no vote taken at this time.) Susan Feller answered questions regarding operating costs for the Inland Empire Symphony Association. Jeff Wright, P.O. Box 2341, San Bernardino, CA, spoke in support of preserving the California Theater. RES. 93-419 - 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. (Discussed earlier in the meeting) (See page 12) (21) RES. 93-420 - 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. (Discussed earlier in the meeting) (See page 13) (24) ~. RES. 93-421 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH INLAND DANCE, INCORPORATED FOR THE PROMOTION OF ARTS AND CULTURE. (Discussed earlier in the meeting) (See page 13) (25) 14 11/15/93 RES. 93-422 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SINFONIA MEXICANA FOR THE PROMOTION OF ARTS AND CULTURE. (Discussed earlier in the meeting) (See page 13) (27) Council Member Miller made a substitute motion, seconded by Council Member Oberhelman, that the San Bernardino Valley Community Concert Association be allocated $20,000; that the Inland Empire Symphony Association be allocated $80,000; that the Inland Dance, Incorporated be allocated $22,000; that the Sinfonia Mexicana be allocated $20, 000 respectively; and that said resolutions be adopted. The substitute motion carried, and Resolution Nos. 93-419, 93-420, 93-421, and 93-422 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. Council Member Negrete made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Mayor and Council consider the remaining fine arts funding resolutions at 3:00 p.m., after the planning portion of the Council's agenda. RES. 93-423 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE CITY'S UTILIZATION OF MINORS IN THE JUVENILE WORK PROGRAM. (29) Council Member Oberhelman stated that he would abstain from voting on the resolution due to a conflict of interest. Council Member Hernandez made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 93-423 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Devlin, Pope- Ludlam, Miller. Nays: None. Abstain: Council Member Oberhelman. Absent: None. RECESS MEETING At 10:24 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 10:33 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. 15 11/15/93 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; city Attorney Penman, city Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. PUBLIC HEARING IMPOSING LIENS ON PROPERTY- UNCOLLECTED BUSINESS REGISTRATION FEES (34) This is the consider imposing registration fees. time and place set liens on property for a public hearing to for uncollected business In a memorandum dated october 28, 1993, Rachel Clark, City Clerk, requested authorization to impose liens on parcels of property for uncollected business registration fees. RES. 93-424 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR UNCOLLECTED BUSINESS REGISTRATION FEES. (34) Mayor Minor opened the hearing. Jeff Wright, P.O. Box 2341, San Bernardino, CA, suggested that the liens for uncollected business registration fees be suspended and that the Economic Development Agency offer financial assistance to the business owners. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that the public hearing be closed. (Note: There was no vote taken at this time.) James ott, 1605 Laurelwood, Colton, CA, voiced opposition to the single-family rental license program. city Administrator Shauna Clark explained the single-family rental program. Council Member Member Hernandez, hearing be closed. Oberhelman made a motion, seconded by Council and unanimously carried, that the public City Clerk Rachel Clark requested that the following addresses be deleted from Exhibit "A": 1488 W. 7th Street, 424 S. Rancho Avenue, 880 N. Mtn. View, 210 N. "J" Street, 214 N. "J" Street, and 138 E. 39th Street. 16 11/15/93 council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted as amended to delete the following addresses from Exhibit "A" of the resolution: 1488 W. 7th street, 424 S. Rancho Avenue, 880 N. Mtn. View, 210 N. "J" street, 214 N. "J" street, and 138 E. 39th street. Resolution No. 93-424 was adopted by the fOllowing vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Miller. Nays: Council Member Pope-Ludlam. Abstain: Council Member Hernandez. Absent: None. PUBLIC MEETING - UNDERGROUND UTILITY DISTRICT NO. 23- ORANGE SHOW ROAD (35) This is the time and place set for a public meeting to consider the formation of Underground utility District No. 23 along portions of Orange Show Road, between Arrowhead Avenue and Tippecanoe Avenue. In a memorandum dated November 2, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that a public meeting was set in Resolution No. 93-380, for the purpose of discussing the proposed underground utility district located along portions of Orange show Road, between Arrowhead Avenue and Tippecanoe Avenue. No action can be taken at this time. Any protests must be carried to the public hearing to be held on December 6, 1993, at which time action may be taken relative to the formation of the proposed district. The formation of the district was the result of the proposed extension of Orange Show Road, which would have required that the utility lines and poles be relocated to accommodate construction. The formation of the district would allow the utilities to be placed underground using Rule 20 allocations, in lieu of relocation. Mayor Minor opened the public meeting. Jeff Wright, P.O. Box 2341, San Bernardino, CA, stated that underground Utility District No. 23 should be voted upon by the public. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 11:01 a.m., Council Member Pope-Ludlam left the Council meeting. 17 11/15/93 council Member Hernandez made a motion, seconded by council Member Oberhelman, and unanimously carried, that the public meeting relative to the formation of Underground Utility District No. 23, Orange Show Road, be closed; and protests, if any, be carried over to the public hearing to be held on December 6, 1993. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:02 a.m. Chairman Minor called the regular meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. COUNCIL MEMBER POPE-LUDLAM RETURNED At 11: 04 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. MODIFY INTERCEPTOR SEWER - MACY STREET & BLAKE STREET- ADVERTISE FOR BIDS (R-4) In a memorandum dated November 9, 1993, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that plans for modification of the interceptor sewer have been prepared and the project is ready to be advertised for bids. The project consists of installing a relief sewer line at Blake Street and Macy Streets. The total estimated project cost is $50,000. Council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that the plans for modification of interceptor sewer at Macy Street and Blake street, in accordance with Plan No. 9016, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. SET PUBLIC HEARING HOUSING AND URBAN DEVELOPMENT (HUD) 108 LOAN APPLICATION - WEST SIDE PLAZA (R-6) In a memorandum dated November 10, 1993, Kenneth J. Henderson, Executi ve Director, Development Department, Economic Development Agency, stated that Section 108 of the Housing and Community Development Act of 1974, authorizes a program of community development loan guarantee assistance (HUD 108 Loan). Under this program, the Housing and Urban Development Department (HUD) provides cities that receive entitlement grants with front- end financing for large scale community and economic development projects that cannot be financed from annual grants. The projects financed under the Section 108 Program must benefit low- and-moderate income persons, aid in the elimination or prevention of slums and blight, or meet other community development needs having a particular urgency. 18 11/15/93 The West Side Plaza Shopping Center benefits low-and- moderate income persons through its provision of goods and services, the retention and creation of jobs, and is an eligible project for a HUD 108 Loan. Successful approval of this funding strategy will assure adequate cash flow to debt service the center's forecasted obligations and mitigate any downturns throughout the financing term. HUD approval of the application will "pay down" the construction lender's note and make it easier to acquire a favorable permanent loan. It will also provide a prudent reserve over a five year period and the opportunity for the agency to benefit through participation in a positive cash flow if the center experiences a substantial upturn. The 108 Loan to the developer would be at seven percent with a five year term and twenty year amortization period secured by a second deed of trust subordinate to only the $5,200,000 first deed of trust. Council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Mayor and Common Council establish December 6, 1993 at 11:00 a.m., as the date and time for a public hearing regarding the submission of a U.S. Housing and Urban Development Department (HUD) section 108 Loan Application for the West Side Plaza Project. RES. 93-425 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO BILTMORE CONSTRUCTION CORPORATION FOR INSTALLATION OF NEW TENANT IMPROVEMENTS AT 5055 HALLMARK PARKWAY. (R-3) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 93-425 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, DeVlin, pope-Ludlam, Miller. Nays: None. Absent: None. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 11:22 a.m., Council Member Pope-Ludlam left the Council meeting. RES. 93-426 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 SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA OF THE SAN BERNARDINO REDEVELOPMENT AGENCY. (R-ll) Jeff Wright, P.O. Box 2341, San Bernardino, CA, supported adoption of the resolution. 19 11/15/93 Council Member Devlin made a motion, seconded by council Member Curlin, that said resolution be adopted. Resolution No. 93-426 was adopted by the following vote: Ayes: Council Members Curlin, Oberhelman, Devlin, Miller. Nays: Council Member Hernandez. Abstain: Council Member Negrete. Absent: Council Member Pope-Ludlam. COUNCIL MEMBER POPE-LUDLAM RETURNED At 11:31 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. RES. 93-427 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-13) Jeff Wright, P.O. Box 2341, San Bernardino, CA, requested clarification as to the purpose of the resolution. Ken Henderson, Executi ve Director, Development Department, Economic Development Agency, explained that the proposed resolution would provide a revitalization plan for the 40th Street Shopping Center. Council Member Hernandez made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 93-427 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 93-428 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AUTHORIZING THE LEASE OF CERTAIN PROPERTY FROM THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY, AUTHORIZING THE FORM OF CERTAIN LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING THE PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS THEREOF. (R-16) 20 11/15/93 RES. JPA-20 - RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY APPROVING THE SALE AND DELIVERY OF NOT TO EXCEED $6,120,000 CERTIFICATES OF PARTICIPATION (1993 POLICE STATION PROJECT) EVIDENCING THE DIRECT UNDIVIDED FRACTIONAL INTEREST OF THE OWNER THEREOF IN LEASE PAYMENTS TO BE MADE BY THE CITY OF SAN BERNARDINO, CALIFORNIA, AS RENTAL FOR A CERTAIN PROJECT PURSUANT TO A LEASE AGREEMENT WITH THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY APPROVING THE FORM OF LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS THEREOF. (R-16) RES. JPA-21 - RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY, APPROVING AND AUTHORIZING THE EXECUTION OF A CERTAIN GROUND LEASE IN CONNECTION WITH THE FINANCING OF THE SAN BERNARDINO POLICE STATION. (R-16) Ken Henderson, Executi ve Director, Development Department, Economic Development Agency, answered questions regarding the certificates of participation for the new police facility. - Rhonda Connelly, Miller & Lomas Santa Fe Drive, Solano regarding the financing proposal. Schroeder Financial, Beach, CA, answered Inc., 505 questions Shauna Clark, participation in facility. City Administrator, clarified the financing proposal for the the new City's police Council Member Pope-Ludlam made a motion, seconded by Council Member Oberhelman, that said resolutions be adopted and Resolution JPA-20 be adopted as amended to change the dollar amount of the certificates of Participation from $6,000,000 to $6,120,000. Resolution Nos. 93-428, JPA-20, and JPA-21 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: Council Member Hernandez. Absent: None. ANNOUNCEMENT - COUNCIL MEMBER CURLIN (2A) Council Member Curlin stated that there is a vacancy on the Planning commission for the Second Ward. He invited all interested candidates desiring to serve on the commission to contact the Council Office for further information. ~ 21 11/15/93 RECESS MEETING At 12:12 p.m., the meeting recessed to 2:00 Council Chambers of city Hall, 300 North "0" Bernardino, California. p.m., in the Street, San RECONVENE MEETING At 2:03 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council in the Council Chambers of city Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller; City Attorney Penman, city Clerk Rachel Clark. Absent: Council Member Pope- Ludlam; City Administrator Shauna Clark. PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 93-07- PERMITTED USE TABLES FOR COMMERCIAL AND INDUSTRIAL LAND USE DISTRICTS & MISCELLANEOUS CHANGES (40) This consider permitted districts is the time and place set Development Code Amendment use tables for commercial and miscellaneous changes. for No. and a pUblic hearing 93-07 relative industrial land to to use In a memorandum dated October 28, 1993, Al Boughey, Director of Planning & Building Services, stated that Development Code Amendment No. 93-07, proposes to revise the table of permitted and conditional permitted uses in commercial and industrial land use designations. The Development Code groups related uses together based on the Standard Industrial Classification Code (SIC). As a result, the level of review required in many situations is inconsistent with standard planning practice. The SIC groups inconsequential uses with uses that could potentially have significant impacts. The proposed amendment will use more typical land use category types to group uses together, and will change the level of review required to reflect a more appropriate standard. Many uses will still require a conditional use permit; however, some of the uses will require a development permit if the amendment is adopted. The amendment also proposes to make minor miscellaneous changes and corrections to various portions of the Development Code, and will affect the entire City. The Environmental Review Committee reviewed the proposed amendment and recommended that a negative declaration be prepared. The Planning commission reviewed Development Code Amendment No. 93-07, and recommended adoption of the negative declaration and approval of the Development Code amendment, based upon the findings of facts. 22 11/15/93 AN ORDINANCE OF THE CITY OF SAN BERNARDINO TO REVISE THE PERMITTED USE TABLES FOR COMMERCIAL AND INDUSTRIAL LAND USE DESIGNATIONS, AND AMENDING SECTIONS 19.02.050, 19.04.030 INCLUDING TABLE 04.02, 19.06.020 INCLUDING TABLE 06.01, 19.08.020 INCLUDING TABLE 08.02, 19.20.030, 19.22, 19.24, 19.26.040, 19.36.050, 19.44.060, 19.48.120(5), 19.60, 19.62.030(7), AND 19.70.020(11) TO ADDRESS MINOR CHANGES TO, AND CLARIFICATIONS OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE). First (40) Mayor Minor opened the hearing. COUNCIL MEMBER At 2:05 p.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the Al Boughey, Director of Planning & Building services, presented background information and explained the purpose of the development code amendment. City Attorney Penman urged carefully review the ordinance as litigation. the Mayor and Council to there may be potential for Jeff Wright, concern regarding centers. P.O. Box 2341, the provisions San which Bernardino, addressed CA, voiced multi-tenant Council Member Oberhelman made a motion, seconded by Council Member Negrete, that the public hearing be closed. (Note: There was no vote taken at this time.) Bill Holesinger, Consultant, Gage Canal Company, 574 Via La Paloma, Riverside, CA, voiced concern relative to the provisions in the ordinance which allow second residential dwellings on industrial property. Jeff Adams, Planner for the city of San Bernardino, answered questions regarding provisions pertaining to caretakers and security guards. Discussion ensued relative to the proposed amendment to extend the initial life of a conditional use permit and development permit to two years instead of one year. COUNCIL MEMBER CURLIN EXCUSED At 2:34 p.m., Council Member Curlin left the Council meeting. 23 11/15/93 council Member Oberhelman made a substitute motion, seconded by Council Member Hernandez, and unanimously carried, that the public hearing be closed. COUNCIL MEMBER CURLIN RETURNED At 2:36 p.m., Council Member Curlin returned to the Council meeting and took his place at the council table. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the negative declaration be adopted; that the Development Code amendment be approved subject to the concurrent approval of General Plan Amendment No. 93-02; and that said ordinance be laid over for final adoption. RES. 93-429 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING THE CITY'S INTENT TO WITHDRAW FROM THE EAST VALLEY AIRPORT LAND USE COMMISSION. (41) Council Member Hernandez made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 93-429 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. APPEAL - PLANNING 93-11 OFF-SITE UNIVERSITY PARKWAY COMMISSION'S DENIAL OF VARIANCE NO. FREEWAY SIGN VARSITY AVENUE & - INNOVATIVE GRAPHICS, INC. (42) This is the time and place set to consider an appeal of the Planning commission's denial of Variance No. 93-11, for an off- site freeway sign located between Interstate 215 and Varsity Avenue, on the west side of university Parkway. In a memorandum dated October 26, 1993, Al Boughey, Director of Planning & Building Services, stated that the applicant, Innovative Graphics, Inc., requested approval of Variance No. 93- 11, to permit an off-site freeway sign for a proposed community commercial shopping center. The proposed freeway off-site sign would be located on the property occupied by the scottish Rite Temple. The future 11. 44 acre community commercial shopping center is to be located between Varsity Avenue and College Avenue on the west side of university Parkway, across Varsity Avenue from the Scottish Rite Temple. In a letter dated November 8, 1993, Karl N. Haws, Attorney, Mundell, OdIum & Haws, 275 West Hospitality Lane, suite 330, San Bernardino, CA, representing Scottish Rite Temple and UNIVAR San Bernardino, Inc., requested a postponement of the appeal until mid January, 1994. 24 11/15/93 Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the appeal of Variance No. 93-11, be continued to January 24, 1994, as requested by the appellant, in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.20.030(8) (C) OF THE SAN BERNARDINO MUNICIPAL (DEVELOPMENT) CODE, TO ALLOW CHAIN LINK FENCING IN ALL COMMERCIAL, INDUSTRIAL AND RESIDENTIAL LAND USE DESIGNATIONS. First (S-l) Council Member Pope-Ludlam made a motion, seconded by Council Member Oberhelman, that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Members Negrete, curlin, Oberhelman, Devlin, Pope-Ludlam, Nays: Council Member Hernandez. Absent: None. Council Miller. RES. 93-430 - RESOLUTION OF AUTHORIZING THE EXECUTION BETWEEN THE CITY OF SAN ARNOLD AND ASSOCIATES, INC. THE CITY OF SAN BERNARDINO OF AN AGREEMENT BY AND BERNARDINO AND MICHAEL J. (S-2) Council Member Miller made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 93-430 was adopted by the following Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Ludlam, Miller. Nays: Council Member Hernandez. Absent: vote: Pope- None. SECTION 8 HOMELESS PILOT PROGRAM COUNTY OF SAN BERNARDINO HOUSING AUTHORITY - AUTHORIZE APPLICATION (S-3) In a memorandum dated November 9, 1993, Annie F. Ramos, Director of Parks, Recreation and Community Services, stated that the county of San Bernardino Housing Authority has invited community based organizations, such as the City's Wests ide community Services center, to make application to participate in a pilot Section 8 Homeless Program. The westside community Services Center currently provides emergency food and shelter, and one time grants for a rental deposit program. The pilot Section 8 Homeless Program will require the Wests ide Center staff to provide case management services, assist in locating rental units, assist in seeking educational and job opportunities, drug and/or alcohol counseling and other services. 25 11/15/93 Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that the Parks, Recreation and Community services Director be authorized to apply to the County of San Bernardino Housing Authority for participation in the section 8 Homeless pilot Program. PROHIBIT SALE OF CONFISCATED WEAPONS ORDINANCE - COUNCIL MEMBER HERNANDEZ PREPARE (36) In a memorandum dated November 2, 1993, Council Member Hernandez requested the city Attorney's Office be instructed to prepare an ordinance prohibiting the Police Department from selling confiscated weapons. City Attorney Penman explained the types of weapons that are sold by the Police Department. Jeff Wright, P.O. Box, 2341, San Bernardino, CA, objected to the City selling confiscated weapons. COUNCIL MEMBER At 2:52 p.m., meeting. POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that the city Attorney be directed to prepare a City ordinance that will prohibit the Police Department from selling confiscated weapons. The motion carried by the following vote: Members Negrete, Hernandez, Oberhelman, Miller. Members Curlin, Devlin. Absent: Council Member Ayes: Council Nays: Council Pope-Ludlam. NAME CHANGE MEMORIAL PARK" 40TH STREET TOT LOT TO "TOM GOULD (37) In a memorandum dated October 26, 1993, Annie F. Ramos, Director of Parks, Recreation & Community services, stated that the 40th Street Tot Lot is a neighborhood park located at 40th Street and Electric Avenue, adjacent to Fire station No.7. The park has been called "40th Street Tot Lot" since it was first developed because of its location. The Park and Recreation Commission at its meeting held October 21, 1993, received a request from Karen Miller to rename the 40th Street Tot Lot as "Tom Gould Memorial Park" in memory of former Fireman Tom Gould. Council Member Member Devlin, and Street Tot Lot be Park". Oberhelman made a motion, seconded by Council unanimously carried, that the name of 40th Officially changed to "Tom Gould Memorial 26 11/15/93 COUNCIL MEMBER At 2:58 p.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the SEWER MAIN INSTALLATION - CAJON BOULEVARD, CREEK CHANNEL TO LITTLE LEAGUE DRIVE - PLAN AUTHORIZATION TO ADVERTISE FOR BIDS FROM CABLE NO. 8810 - (38) In a memorandum dated October 21, 1993, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that plans and specifications have been completed for the installation of a trunk sewer in Cajon Boulevard, from Cable Creek Channel to Little League Drive, in accordance with the master plan of sewers. The total estimated project cost is $900,000. Jeff Wright, P.O. Box 2341, San Bernardino, CA, objected to the city spending $900,000 on the project. Discussion ensued regarding sewer service being provided to the CalMat project, and whether the City would be able to recover a portion of its cost for installation of the sewer main. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that the Director of Public Works/City Engineer be authorized and directed to advertise for bids in accordance with Plan No. 8810 for the installation of a trunk sewer in Cajon Boulevard, from Cable Creek Channel to Little League Drive. Council Member Oberhelman made a motion, seconded by Council Member Negrete, that $78,000 be allocated from the Sewer Line Construction Fund to restore funding to the original $900,000. The motions carried by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: Council Member Hernandez. Absent: None. CLOSE CITY HALL DURING CHRISTMAS HOLIDAYS (39) In a memorandum dated November 8, 1993, Shauna Clark, City Administrator, provided a proposal for the closure of City Hall during the Christmas holidays. The plan would trade the Christmas Eve holiday from 12/23/93 to 12/27/93, which would leave two days during the week of 12/27/93, Tuesday, 12/28/93 and Wednesday, 12/29/93, when employees would have to take off two floating holidays, two vacations days or other approved leave, such as voluntary time off. If the plan were implemented, employees working in City Hall and in other participating departments would have time off from Friday, 12/24/93 to the time they return to work on Monday, 1/3/94, using only two days of leave. 27 11/15/93 Discussion ensued regarding the Christmas closure proposal. Dennis Houser, Vice-President, San Bernardino Public Employees Association, 433 South Sierra Way, San Bernardino, CA, stated that employees of the General Employees Bargaining unit have agreed to the Christmas closure proposal. Jim Lynas, 1160 Sonora, San Bernardino, CA, provided historical information relative to how the issue of Christmas closure was handled in the 1950' s. He explained that issue of Christmas closure has been challenged in the Courts as a gift of public funds. Discussion ensued regarding the Christmas closure plan for 1994. City Attorney Penman voiced opposition to implementing the holiday closure plan in 1994. Council Member Curlin made a motion, seconded by Council Member Negrete, that closure of City Hall during the Christmas holidays be authorized per the Staff Report dated November 8, 1993, from Barbara Dillon, Director of Personnel. The motion carried by the following vote: Members Negrete, curlin, Oberhelman, Devlin, Council Members Hernandez, Pope-Ludlam. Absent: Ayes: Miller. None. Council Nays: RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE METROPOLITAN OPERA NATIONAL COUNCIL AUDITIONS - WESTERN REGION FOR THE PROMOTION OF ARTS AND CULTURE. (Discussed later in the meeting) (See page 29) (19) Council Member Miller made a motion that said resolution be adopted. Council Member Miller withdrew her motion. CITY ATTORNEY PENMAN EXCUSED City Attorney Penman left the Council meeting and was replaced by Sr. Assistant city Attorney Barlow. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE NATIONAL COUNCIL OF NEGRO WOMEN, INCORPORATED FOR THE PROMOTION OF ARTS AND CULTURE. (Discussed earlier in the meeting) (See page 13) (22) 28 11/15/93 Discussion ensued relative to the funding request. It was proposed that funds allocated to the National Council of Negro women, Incorporated, be reduced from $6,000 to $1,100. Beverly Powell, a member of the National Council of Negro Women, Incorporated, Inland Empire Section, 649 E. Foothill Blvd., Rialto, CA, explained why the requested funds are needed. She stated that the funds would allow for the purchase of 200 tickets for opening night of Duke Ellington's "Sophisticated Ladies" at the California Theater, and ensure seats to Bertram Miller's performance of Mozart at the California State University Theater in May 1994. Council Member Miller made a motion, that the City provide $3,000 towards Bertram Miller's performance of Mozart. The motion failed for lack of a second. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE METROPOLITAN OPERA NATIONAL COUNCIL AUDITIONS - WESTERN REGION FOR THE PROMOTION OF ARTS AND CULTURE. (Discussed earlier in the meeting) (See pages 12 & 28) (19) RESOLUTION OF THE THE EXECUTION OF CHORALIERS FOR THE (Discussed earlier CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT WITH THE PRIME TIME PROMOTION OF ARTS AND CULTURE. in the meeting) (See page 12) (20) RESOLUTION OF THE THE EXECUTION OF CHORALE FOR THE (Discussed earlier CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT WITH THE CANTO BELLO PROMOTION OF ARTS AND CULTURE. in the meeting) (See page 13) (23) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND EMPIRE OPERA ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE. (Discussed earlier in the meeting) (See page 13) (26) 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. (Discussed earlier in the meeting) (See page 13) (28) 29 11/15/93 council Member Oberhelman made a motion, seconded by Council Member Curlin, that the resolutions for Fine Arts funding for the National Council of Negro Women, Inc., Metropolitan Opera National Council Auditions Western Region, Prime Time Choraliers, Canto Bello Chorale, Inland Empire Opera Association, and civic Light Opera, be continued to December 6, 1993, in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. The motion carried by the following vote: Ayes: Council Members Curlin, Hernandez, Oberhelman, Devlin; Pope-Ludlam. Nays: Council Members Negrete, Miller. Absent: None. RECONSIDER MEETING EARLIER IN - JOINT POWERS FINANCING AUTHORITY REGULAR NEW POLICE FACILITY FINANCING DISCUSSED THE MEETING - SEE PAGE 9 (14 & R-16) Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that previous action taken on the Mayor and Common Council's agenda to adjourn the Joint Powers Financing authority, be reconsidered. It was pointed out that the regular meeting of the Joint Powers Financing Authority had not convened earlier in the meeting. The Community Development Commission's agenda required the approval of the Joint Powers Financing Authority for the adoption of the new police facility financing resolutions. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, and unanimously carried, that the regular meeting of the Joint Powers Financing Authority convene in the Council Chambers of city Hall, 300 North "D" street, San Bernardino, California. Council Member Hernandez made a motion, seconded by Council Member Curlin, and unanimously carried, that the regular meeting of the Joint Powers Financing Authority be adjourned. The next meeting will be held on December 20, 1993. 30 11/15/93 ADJOURNMENT At 5:42 p.m., the meeting was adjourned. will be held at 8:00 a.m., Monday, December Council Chambers of City Hall, 300 North Bernardino, California. RACHEL CLARK city Clerk fL- .'/ By .,/.~~ D~ane es Deputy city Clerk No. of Hours: 7 hrs. 54 min. No. of Items: 67 31 (43) The next meeting 6, 1993, in the "D" street, San 11/15/93