HomeMy WebLinkAbout03-07-1994 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
REGULAR MEETING
MARCH 7, 1994
COUNCIL CHAMBERS
The regular meeting of the Mayor and Common Council of the
city of San Bernardino was called to order by Mayor Minor at 8:02
a.m., Monday, March 7,1994, in the Council Chambers of city
Hall, 300 North "D" street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; council Members Negrete,
Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; city
Clerk Rachel Clark, City Administrator Shauna Clark. Absent:
city Attorney Penman.
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 meet with its designated representatives regarding
labor relations matters pursuant to Government Code
Section 54957.6;
b. to confer with the attorney regarding pending
litigation pursuant to Government Code Section
54956.9(b) (1), as there is significant exposure to
litigation;
c.
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) ;
d.
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
e. to consider personnel matters pursuant to Government
Code section 54957;
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f. 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;
g. 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: ;
h.
to meet with an applicant for a
applicant's attorney pursuant
Section 54956.7;
city license and the
to Government Code
i. to meet with the Chief of Police regarding matters of
public security pursuant to Government Code section
54957;
j. 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:
Bvron Mixon vs. city of San Bernardino. et al
states District Court Case No. 94-0677 LGB (GHWx);
united
Stubblefield Construction Comoanv. et al vs. citv of San
Bernardino. et al San Bernardino County Superior Court
Case No. 242998 and 242058; Court of Appeals Case No. Fourth
civil No. E009749 (C/W E010088) .
Arriaqa vs. citv of San Bernardino - Court of Appeals Fourth
District Court Case No. E0102264.
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.
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 Clerk Rachel
Clark, City Administrator Shauna Clark. Absent: Council Member
Pope-Ludlam, City Attorney Penman.
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Also present:
Margaret Scroggins,
Attorney's Office.
Senior Assistant City Attorney Morillo,
Administrative Operations Supervisor, City
CITY ATTORNEY PENMAN ARRIVED
At 8:05 a.m., city Attorney Penman arrived at the closed
session.
COUNCIL MEMBER
At 8:22 a.m.,
closed session.
POPE-LUDLAM ARRIVED
Council Member pope-Ludlam
arrived
at
the
DEPUTY CITY ATTORNEY SIMMONS ARRIVED
At 8:51 a.m., Deputy City Attorney Simmons arrived at the
closed session.
READING OF RESOLUTIONS & ORDINANCES
Deputy City Clerk Vale read the titles of all the
resolutions and ordinances on the regular, supplemental, and
Community Development Commission agendas while the Council was in
closed session.
ADJOURN CLOSED SESSION
At 9:02 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 9:04 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, Oberhelman, Devlin, Pope-Ludlam, Miller; city Attorney
Penman, City Clerk Rachel Clark, city Administrator Shauna Clark.
Absent: Council Member Hernandez.
INVOCATION
The invocation was given by Reverend E. Fenton, Trinity
Lutheran Church.
COUNCIL MEMBER
At 9:06 a.m.,
Council meeting and
HERNANDEZ RETURNED
Council Member Hernandez returned
took his place at the council table.
to
the
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Girl Scout Troops 92,
16, 72, 776, and 196.
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PROCLAMATION - MARCH 6 - 12, 1994 - GIRL SCOUT WEEK
(2)
J. Lorraine velarde, Executive Assistant to the Mayor, read
a proclamation declaring March 6 - 12, 1994 as Girl Scout Week.
Ms. Erin Snyder, Girl Scout Membership Development Director,
was present to accept the proclamation.
PROCLAMATION - MARCH 1994 - LITERACY MONTH
(2-A)
J. Lorraine velarde, Executive Assistant to the Mayor, read
a proclamation declaring the month of March 1994 as Literacy
Month.
Dr. StAnn Freeman, Library Literacy Administrator, was
present to accept the prOClamation.
PROCLAMATION - MARCH 1994 - WOMEN'S HISTORY MONTH (2-B)
J. Lorraine Velarde,
a proclamation declaring
History Month.
Executive Assistant to the Mayor, read
the month of March 1994 as Women I s
Donna Ward, Women of Achievement Committee Member, was
present to accept the proclamation.
PRESENTATION - CALIFORNIA STATE FLAG
(2-C)
Frank Stallworth, Field Representative
presented the City with a California State
Senator Ayala.
for Senator Ayala,
flag on behalf of
Mayor Minor accepted the State flag.
APPOINTMENT WILLIAM CAREY
BOARD - COUNCIL MEMBER DEVLIN
MAIN STREET ADVISORY
(2-D)
In a memorandum dated February 28, 1994, Mayor
recommended the appointment of William carey, 3957 Oxford
San Bernardino, CA, to the Main Street Advisory Board.
Minor
Lane,
Council Member Miller made a motion, seconded
Member Oberhelman, and unanimously carried, that the
of William carey to the Main Street Advisory
recommended by Council Member Devlin, be approved.
by Council
appointment
Board, as
ANNOUNCEMENT - COUNCIL MEMBER CURLIN
(3)
Council Member Curlin explained that a Youth Accountability
Board had been established within the Second Ward; he expressed
concern regarding the structure of the Human Relations
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3/7/94
commission; and expressed support for eliminating smoking in all
restaurants and places of employment.
ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ
(3-A)
Council Member Hernandez expressed concern regarding recent
articles in The Sun relative to campaign contributions received
in the past from a local developer.
ANNOUNCEMENT - COUNCIL MEMBER MILLER
(3-B)
Council Member Miller explained that
Arden/Guthrie focus neighborhood project,
neighborhood community room, has been completed.
Phase I of the
to establish a
ANNOUNCEMENT - MAYOR MINOR
(3-C)
Mayor Minor invited the community to attend the Norton Air
Force Base Farewell Dinner scheduled for March 18, 1994.
PUBLIC COMMENTS - GARY KIRBY
(4)
Gary Kirby, 1505 Yardley, San Bernardino, CA, expressed
support for the establishment of resident town hall meetings in
each ward; and requested that the City use the public access
television channels to advertise events in the city.
ANNOUNCEMENT - COUNCIL MEMBER POPE-LUDLAM
(3-0)
Council Member Pope-Ludlam pledged to continue to work to
make San Bernardino a better community.
PUBLIC COMMENTS - BOB NELSON
( 4-A)
Bob Nelson, Star Route 11, Summit, CA, voiced opposition to
reducing the amount of time allocated for public comments.
PUBLIC COMMENTS - JEFF WRIGHT
( 4-B)
Jeff Wright, P. O. Box 2341, San Bernardino, CA, stated that
on March 9, 1994 at 6:30 p.m., in the Council Chambers, there
will be a meeting to discuss the cleanup of Norton Air Force
Base, and urged all those interested to attend.
PUBLIC COMMENTS - JOHN STEVENS
( 4-C)
John Stevens, 4097 Pershing, San Bernardino, CA, requested
more time be made available on the public access television
channels for the public; and expressed concern regarding refuse
that would be transported through the Santa Fe Railroad Yard.
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PUBLIC COMMENTS - DAN LOUGH
( 4-D)
Dan Lough, 4075 Main street, Riverside,
concern regarding comments made by James Penman,
District Attorney, regarding political corruption.
CA, expressed
candidate for
ANNOUNCEMENT - COUNCIL MEMBER POPE-LUDLAM
(3-E)
Council Member Pope-Ludlam expressed concern regarding Mr.
Lough's comments relative to political corruption.
ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ
(3-F)
Council Member Hernandez expressed concern relative to Mr.
Lough's statements regarding political corruption.
ANNOUNCEMENT - COUNCIL MEMBER DEVLIN
(3-G)
Council Member Devlin objected to the use of public comments
as a forum for political candidates.
PUBLIC COMMENTS - JIM MCMULLEN
( 4-E)
Jim McMullen, 2394 West Marigold, San Bernardino, CA,
requested that traffic signals be installed at the intersections
of the I-215 Freeway with University Parkway and Palm Avenue to
alleviate the current traffic safety problems.
PUBLIC COMMENTS - JAMES PENMAN
( 4-F)
James Penman, a resident of San Bernardino, CA, stated that
his comments regarding political corruption are self explanatory,
and felt that this was not the forum to respond to Mr. Lough.
RECESS MEETING
At 10:02 a.m., Mayor Minor declared a five-minute recess.
RECONVENE MEETING
At 10:11 a.m., the regular meeting 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, Devlin, Miller; City Attorney
Penman, City Clerk Rachel Clark, City Administrator Shauna Clark.
Absent: Council Member Pope-Ludlam.
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3/7 /94
COUNCIL MINUTES
(6)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, 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:
January 24, 1994.
CLAIMS AND PAYROLL
(8)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, and unanimously carried, that the claims and
payroll and authorization to issue warrants as listed on the
memorandum dated March 1, 1994, from the Finance Director, be
approved.
PERSONNEL ACTIONS
(9)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, and unanimously carried, that the personnel
actions submitted by the Chief Examiner dated February 28, 1994,
in accordance with civil Service Rules and Personnel Policies
adopted by the Mayor and Common Council of the City of San
Bernardino, be approved and ratified.
RES. 94-42 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND
COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AMENDMENT
TO THE CONTRACT WITH THE COUNTY OF SAN BERNARDINO
DEPARTMENT OF AGING AND ADULT SERVICES RELATING TO THE
SENIOR NUTRITION PROGRAM FOR THE PERIOD OF JULY 1, 1993
THROUGH JUNE 30, 1994 TO INCLUDE A ONE-TIME GRANT OF
FUNDS IN THE AMOUNT OF $13,576 TO MEET THE INCREASED
COSTS FOR INCREASING THE NUMBER OF CONGREGATE MEALS TO
BE SERVED IN FY 1993/94. (14)
RES. 94-43 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ORDERING THE MAKING OF AMENDED ASSESSMENTS UNDER PART
10 OF DIVISION 10 OF THE STREETS AND HIGHWAYS CODE AND
DIRECTING ACTIONS WITH RESPECT THERETO. ASSESSMENT
DISTRICT NO. 961-R. (Park Centre) (20-A)
RES. 94-44 - RESOLUTION OF THE
APPROVING PRELIMINARY AMENDED
HEARING, AND DIRECTING ACTIONS
ASSESSMENT DISTRICT NO. 961-R.
CITY OF SAN BERNARDINO
ASSESSMENT, ORDERING
WITH RESPECT THERETO.
(Park Centre) (20-B)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, that said resolutions be adopted.
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3/7/94
Resolution Nos. 94-42, 94-43 and 94-44 were adopted by the
following vote: Ayes: Council Members Negrete, Curlin,
Hernandez, Oberhelman, Devlin, Miller. Nays: None. Absent:
Council Member Pope-Ludlam.
WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (5)
Council Member Oberhelman 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.
CIVIC & PROMOTION FUNDING REQUEST - $6,000 - RITES OF
SPRING & INDIAN SUMMER CONCERTS - TAKEN IN CONJUNCTION
WITH ITEM 7-B (7-A)
In a memorandum dated February 14, 1994, Annie Ramos,
Director of Parks, Recreation and Community Services, stated that
the Parks, Recreation and community Services Department has been
conducting the Rites of Spring, and the Indian Summer Concerts
for more than five years. The Rites of Spring Concerts begin in
May, with the Indian Summer Concerts beginning in August.
Funding for this year's concerts was requested in the amount of
$11,000. The Ways and Means Committee recommended funding the
concerts in the amount of $6,000 from the FY 1993/94 Fine Arts
Fund, with the remaining funds to come from the FY 1994/95 fund.
CIVIC & PROMOTION FUNDING REQUEST -
JULY CELEBRATION AT SECCOMBE LAKE
CONJUNCTION WITH ITEM 7-A
$12,553
PARK
- 4TH OF
TAKEN IN
(7-8)
In a memorandum dated February 14, 1994, Annie Ramos,
Director of Parks, Recreation and Community Services, stated that
the city and the Inland Empire symphony will be conducting the
1994 4th of July Community Celebration at Seccombe Lake Park,
which would be free to the public. Activities would be from 3:00
to 9:00 p.m. and would include games, concession booths, a
concert by the symphony, and a fireworks show. The 4th of July
Committee requested $35,946 to fund the event; the Symphony
would contribute $15,500, with the total cost of the event being
$51,446. The Ways and Means Committee recommended funding in the
amount of $12,553 to come from the FY 1993/94 Fine Arts Fund,
with the remaining funds to come from the FY 1994/95 fund.
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, to fund the Rites of Spring and Indian Summer
Concerts in the amount of $6,000 for FY 1993/94; and to fund the
4th of July Celebration at Seccombe Lake Park in the amount of
$12,553 for FY 1993/94 only; and not to commit FY 1994/95 monies.
(Note: There was no vote taken.)
8 3/7/94
COUNCIL MEMBER POPE-LUDLAM RETURNED
At 10:17 a.m., Council Member Pope-Ludlam returned to the
Council meeting and took her place at the council table.
Concern was expressed regarding the fiscal constraints the
city is currently facing for FY 1994/95.
Council Member Miller made a substitute motion, seconded by
Council Member Pope-Ludlam, that the request for funds in the
amount of $6,000 for the Rites of Spring and the Indian Summer
concerts, be approved; and that the request from the 4th of July
Committee for funding assistance in the amount of $12,553 to
cover costs connected with 1994 4th of July Celebration at
Seccombe Lake Park, be approved. (Note: There was no vote
taken. )
Jeff Wright, P. O. Box 2341, San Bernardino, CA, felt that
the organizers of these events should seek corporate sponsorship
instead of city funding.
Gary Kirby, 1505 Yardley, San Bernardino, CA, felt that the
Convention and Visitors Bureau should fund these events, instead
of the city.
Discussion continued regarding the fiscal constraints the
city is facing for FY 1994/95.
Council Member Hernandez made a motion, seconded
Member Curlin, that the matter be continued to May
(Note: There was no vote taken.)
by Council
16, 1994.
City Administrator Shauna
promotional funds are generated
Means Committee.
Clark explained how civic and
and allocated by the Ways and
Council Member Hernandez withdrew his motion.
Discussion ensued regarding the allocation of civic and
promotional funds for FY 1994/95.
Council Member Hernandez made a substitute motion, seconded
by Council Member Curlin, that the matter (Item 7 A & B) be
continued to March 21, 1994, in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
The substitute motion carried by the following vote: Ayes:
council Members Negrete, Curlin, Hernandez, Oberhelman. Nays:
Council Members Devlin, Pope-Ludlam, Miller. Absent: None.
CITY ATTORNEY PENMAN EXCUSED
At 10:35 a.m., city Attorney Penman left the Council meeting
and was replaced by Senior Assistant City Attorney Barlow.
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3/7/94
RES. 94-45 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT TO JOINTLY
FUND CONSULTING SERVICES BY AND BETWEEN THE CITY OF SAN
BERNARDINO, THE BOARD OF WATER COMMISSIONERS OF THE
CITY OF SAN BERNARDINO AND THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO AND SIMON AND
COMPANY. (10)
Jeff Wright, P. O. Box 2341, San Bernardino, CA, voiced
opposition to the consulting agreement.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Oberhelman, that said resolution be adopted.
Resolution No. 94-45 was
Ayes: Council Members Negrete,
Ludlam, Miller. Nays: Council
adopted by the following
Curlin, Oberhelman, Devlin,
Member Hernandez. Absent:
vote:
Pope-
None.
RES. 94-46 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO ADOPTING REGULATIONS
RELATING TO POSTING OF THE AGENDA AND THE LENGTH OF
TIME FOR PUBLIC COMMENTS ON ITEMS BOTH ON AND NOT ON
THE AGENDA PURSUANT TO THE RALPH M. BROWN ACT AND
REPEALING RESOLUTION NOS. 87-1, 87-60 AND 88-280. (11)
Council Member Devlin made a motion, seconded
Member Pope-Ludlam, that said resolution be adopted.
vote was taken after discussion.)
by Council
(Note: The
The following individuals expressed opposition to reducing
the amount of time granted for public comments:
Gary Kirby, 1505 Yardley, San Bernardino, CA;
Thomas Kirby, 1505 Yardley, San Bernardino, CA;
CITY ATTORNEY PENMAN RETURNED
At 10:49 a.m., city Attorney Penman returned to the Council
meeting.
Mike Kennedy, 3895 Mountain Avenue, San Bernardino, CA;
James Wirth, 1980 North Sierra Way, San Bernardino, CA;
Bob Nelson, Star Route 11, Summit, CA;
John Stevens, 4097 PerShing, San Bernardino, CA;
Jeff Wright, P. O. Box 2341, San Bernardino, CA; and
Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino,
CA.
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3/7/94
Discussion ensued regarding the impact that changing the
amount of time allocated for public comments may have on the
public's right to interact with their local government.
City Attorney Penman felt that the proposed change to the
time allocated for public comments was an unnecessary restriction
on residents, and expressed concern that the proposed change was
the result of one disruptive individual, and could not withstand
a challenge in court.
A discussion was held regarding who can remove items from
the consent calendar; whether reducing the amount of time
allocated for public comments would create more orderly
meetings; and the need to have decorum at the meetings.
Resolution No. 94-46 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Devlin, Pope-
Ludlam. Nays: Council Members Oberhelman, Miller. Absent:
None.
RES. 94-47 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
PERSONNEL CONCEPTS FOR A MANAGEMENT/CONFIDENTIAL
COMPENSATION STUDY. (12)
Council Member Hernandez made a motion, seconded by Council
Member Negrete, that said resolution be adopted. (Note: The
vote was taken after discussion.)
Shauna Clark, city Administrator, explained the
conducting salary and benefit surveys
Management/Confidential employee bargaining unit.
process for
for the
Discussion
negotiations with
unit.
ensued regarding the resolution governing
the Management/Confidential employee bargaining
Peggy Ducey, President, San Bernardino city Management
Association, representing the Management/Confidential employees,
explained that this action formally begins the negotiating
process that the other employee bargaining units have started.
Resolution No. 94-47 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Devlin, Pope-
Ludlam, Miller. Nays: Council Member Oberhelman. Absent:
None.
RECESS MEETING
At 12:04 p.m., Mayor Minor recessed the meeting until 2:00
p.m., in the Council Chambers of City Hall, 300 North "D" Street,
San Bernardino, California.
11 3/7/94
RECONVENE MEETING
At 2:02 p.m., Mayor Minor reconvened the regular meeting of
the Mayor and Common Council of the City of San Bernardino in the
Council Chambers of City Hall, 300 North "0" Street, San
Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark
following being present: Mayor Minor; Council Members
Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam,
Deputy city Attorney Empeno, City Clerk Rachel Clark.
City Administrator Shauna Clark.
with the
Negrete,
Miller;
Absent:
PUBLIC HEARING BICYCLE FACILITIES
CONTINUED FROM JANUARY 10, 1994
MASTER PLAN-
(26)
This is the time and place continued to for a public hearing
to consider the Bicycle Facilities Master Plan.
Mayor Minor opened the hearing.
RESOLUTION OF THE CITY OF SAN BERNARDINO
BICYCLE FACILITIES MASTER PLAN, PHASE I.
from January 10, 1994)
ADOPTING THE
(Continued
(26)
Council Member Hernandez made a motion, seconded by Council
Member Miller, and unanimously carried, that the matter be
continued to March 21, 1994, in the Council Chambers of city
Hall, 300 North "D" Street, San Bernardino, California.
PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 93-04 &
CONDITIONAL USE PERMIT NO. 93-24 - CHANGE LAND USE
DESIGNATION FROM OFFICE INDUSTRIAL PARK (OIP) TO
COMMERCIAL GENERAL (CG-1) - 12.72 ACRES - DRIVE-THRU
RESTAURANT SOUTHWEST CORNER OF WATERMAN AVENUE &
MILL STREET - TAKEN IN CONJUNCTION WITH 27-B (27-A)
This is the time and place set for a public hearing to
consider General Plan Amendment No. 93-04, and Conditional Use
Permit No. 93-24 to change the General Plan land use designation
from OIP, Office Industrial Park, to CG-1, Commercial General to
permit a 3,000 square foot drive-thru restaurant located on a .52
acre site at the southwest corner of Waterman Avenue and Mill
Street, subject to the approval of Conditional Use Permit No. 93-
04.
In a memorandum dated February 17, 1994, Al Boughey,
Director of Planning and Building Services, stated that the
applicant's proposal to change the land use designation is not
consistent with the General Plan as it would create a half acre
Commercial General, CG-l district, consisting of a single
commercial property which is considered "spot zoning" and is
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3/7/94
discouraged under state law. General Plan goals stipulate that
development patterns and uses be cohesive and uniform to prevent
"leap frog" development. The proposed drive-thru restaurant is
not consistent with the land uses permitted by the Office
Industrial Park, OIP designation. The proposed Commercial
General, CG-1 designation, permits drive-thru restaurants subject
to a conditional use permit. The proposed drive-thru restaurant
is in compliance with all applicable Development Code standards
for the Commercial General, CG-1 designation.
staff proposes an alternative to the applicant's request for
a General Plan Amendment which would expand the amendment site to
approximately 12.72 acres to include property on each corner of
the intersection. staff's alternative would result in the
creation of a 12.72 acre commercial zone located at a major
intersection within a largely industrial area. The proposed
alternative site would contain a range of existing commercial
retail and service uses consistent with General Plan policies
which encourage the provision of commercial uses to serve the
needs of visitors to the city. The existing commercial uses
within the alternative amendment site, which are nonconforming
under the Office Industrial Park, OIP designation, would become
conforming under the Commercial General, CG-1 land use
designation.
In a letter dated January 5, 1994, Patricia Green,
Administrator, vanir Development Company, Inc., 290 North "D"
street, San Bernardino, CA, expressed concern that staff's
alternative amendment does not include two parcels owned by vanir
Development company, Inc., located to the east and adj acent to
the northeast portion of the alternative amendment site,
consisting of approximately 8.8 acres. She suggested that the
city approve General Plan Amendment No. 93-04, initiated by
Larcon Development, provided that the City agree to initiate an
amendment to General Plan Amendment No. 93-04 to include this 8.8
acre parcel.
At its December 9, 1993 meeting, the Environmental Review
Committee determined that no significant impacts would result
from the proposed drive-thru restaurant project, the applicant's
proposed amendment, or staff's alternative amendment; and
recommended a negative declaration. At its January 25, 1994
meeting, the Planning commission recommended adoption of the
negati ve declaration, approval of staff I s alternative amendment
proposal, and approval of Conditional Use Permit No. 93-24.
Mayor Minor opened the hearing.
Council Member Hernandez made a motion, seconded by Council
Member Pope-Ludlam, that the public hearing be closed; that said
resolution be adopted; and that Conditional Use Permit No. 93-24,
be approved. (Note: There was no vote taken.)
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3/7/94
Mike Hays, Assistant Director of Planning and Building
Services, explained General Plan Amendment No. 93-04, and the
type of uses that are permitted in the Commercial General, CG-1,
land use designation.
Valerie Ross, Principal Planner, Planning and Building
Services, answered questions regarding General Plan Amendment No.
93-04, and the Commercial General, CG-1, land use designation.
Susan Johnson, Larcon Development, 330 North "D" street,
Suite #110, San Bernardino, CA, applicant representing owners
Vickie and Bill Kazaltzes, 1018 Grossmont Drive, Whittier, CA,
answered questions regarding the proposed drive-thru restaurant.
Deputy City Attorney Empeno explained that although spot
zoning is strongly discouraged by State law, it is not expressly
prohibited and is a matter to be decided at the discretion of the
Mayor and Council.
Jeff Wright, P. O. Box 2341, San Bernardino, CA, felt that
bicyclists should be permitted to utilize drive-thru restaurant
windows.
RES. 94-48 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 93-04 TO
THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (27-A)
Council Member Hernandez made a substitute motion,
by Council Member Curlin, and unanimously carried,
public hearing be closed.
seconded
that the
Council Member Hernandez made a motion, seconded
Member Negrete, that said resolution be adopted;
Conditional Use Permit No. 93-24, be approved.
by Council
and that
The motion carried, and Resolution No. 94-48 was adopted by
the following vote: Ayes: Council Members Negrete, Curlin,
Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None.
Absent: None.
INITIATE GENERAL PLAN AMENDMENT TO
NORTHEAST CORNER OF WATERMAN AVENUE
TAKEN IN CONJUNCTION WITH 27-A
LAND USE MAP-
& MILL STREET-
(27-B)
In a memorandum dated February 18, 1994, Al Boughey,
Director of Planning and Building Services, requested that staff
be directed to initiate a General Plan Amendment to evaluate
redesignating an 8.8 acre site located on the north side of Mill
Street, west of Waterman Avenue as either as CG-1, Commercial
General, IL, Industrial Light, or whether it should remain as
OIP, Office Industrial Park.
14
3/7/94
During the Planning commission public hearing for General
Plan Amendment No. 93-04 held on January 25, 1994, Patricia Green
of Vanir Development Company, Inc., 290 North "D" street, San
Bernardino, CA, expressed concern that staff's alternative
amendment does not include two parcels owned by Vanir Development
Company, Inc., located to the east and adjacent to the northeast
portion of the alternative amendment site, consisting of
approximately 8.8 acres, and recommended that General Plan
Amendment No. 93-04 be approved, provided that the City agree to
initiate an amendment to General Plan Amendment No. 93-04 to
include this 8.8 acre parcel.
The 8.8 acre site was not included in General Plan
Amendment No. 93-04 because its addition to staff's alternative
amendment would result in an intense commercial area of 21. 52
acres which was not addressed in the initial study. At its
January 25, 1994 meeting, the Planning Commission recommended
that staff be directed to initiate a General Plan Amendment to
consider changing the land use designation on the 8.8 acre site
located east and adjacent to the alternative 12.72 amendment site
for General Plan Amendment No. 93-04.
Council Member Hernandez made a motion, seconded by Council
Member Pope-Ludlam, that the Planning Division be directed to
prepare a General Plan Amendment to consider Changing the land
use designation from OIP, Office Industrial Park, to CG-1,
Commercial General, or IL, Industrial Light, on 8.8 acres,
located on the north side of Mill street approximately 175 feet
east of Waterman Avenue.
The motion carried by the following vote: Ayes:
Members Negrete, Curlin, Hernandez, Pope-Ludlam, Miller.
Council Members Oberhelman, Devlin. Absent: None.
Council
Nays:
RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A
PURCHASE ORDER TO POMONA VALLEY KAWASAKI FOR THE
FURNISHING AND DELIVERY OF NINE (9) EACH, POLICE PATROL
MOTORCYCLES, TO BE UTILIZED BY THE POLICE DEPARTMENT IN
ACCORDANCE WITH BID SPECIFICATION F-94-12. (13)
Council Member Hernandez made a motion, seconded by Council
Member Devlin, and unanimously carried, that the matter be
continued to March 21, 1994, in the Council Chambers of city
Hall, 300 North "D" street, San Bernardino, California.
CITY ADMINISTRATOR SHAUNA CLARK RETURNED
At 2: 51 p.m., City Administrator Shauna Clark returned to
the Council meeting.
CITY ATTORNEY
At 2:51 p.m.,
meeting.
PENMAN RETURNED
city Attorney Penman returned to the Council
15
3/7/94
RES. 94-49 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND
IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN
THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE
ABATEMENT. (Weed Abatement) (15)
Council Member Hernandez made a motion, seconded by Council
Member Negrete, that said resolution be adopted.
Resolution No. 94-49 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
RES. 94-50 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO AVILA CONSTRUCTION FOR MANHOLE
COVER AND RING ADJUSTING IN VARIOUS LOCATIONS. (16)
Council Member Oberhelman made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Jeff Wright, P. o. Box 2341, San Bernardino, CA, expressed
concern regarding the cost of this contract.
Resolution No. 94-50 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
RES. 94-51 A RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE
CALIFORNIA TIRE RECYCLING MANAGEMENT FUND UNDER THE
CALIFORNIA TIRE RECYCLING ACT FOR THE FOLLOWING
PROJECT: WASTE TIRE COLLECTION AND RECYCLING USING
TIRE HOLDING RACKS SERVICED BY CITY COLLECTION TRUCKS.
(17)
Council Member Miller made a motion, seconded by Council
Member Negrete, that said resolution be adopted.
Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed
support for recycling tires to be used in asphalt and playground
surfaces; however, expressed opposition to recycling tires for
fuel.
CITY ATTORNEY PENMAN EXCUSED
At 3:04 p.m., City Attorney Penman left the Council meeting
and was replaced by Senior Assistant City Attorney Barlow.
Resolution No. 94-51 was adopted by the following vote:
Ayes: Counc i 1 Members Negrete, Cur 1 in. Hernandez, Oberhe lman,
Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None.
16
3/7/94
RECESS MEETING - CLOSED SESSION
At 3: 05 p.m., the Mayor and Common Council and
Development Commission recessed to closed session
following:
(1)
Community
for the
b. to confer with the attorney regarding pending
litigation pursuant to Government Code section
54956.9(b) (1), as there is significant exposure to
litigation;
d.
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
j. 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).
CLOSED SESSION
At 3:05 p.m., Mayor Minor called the closed session to order
in the conference room of the Council Chambers of City Hall, 300
North liD" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam; city Attorney
Penman, City Clerk Rachel Clark. Absent: Council Member Miller;
City Administrator Shauna Clark.
Also present: Senior Assistant city Attorney Barlow, Deputy
City Attorney Empeno; and Joe Arias and Chris Lockwood, attorneys
at law, 560 East Hospitality Lane, San Bernardino, CA.
CITY ATTORNEY PENMAN EXCUSED
At 3:07 p.m., city Attorney Penman left the closed session.
DEPUTY CITY ATTORNEY EMPENO EXCUSED
At 3:27 p.m., Deputy City Attorney Empeno left the closed
session.
TIM STEINHAUS, AGENCY ADMINISTRATOR, ECONOMIC
DEVELOPMENT AGENCY ARRIVED
At 3:31 p.m., Tim Steinhaus, Agency Administrator, Economic
Development Agency, arrived at the closed session.
TIM SABO, SABO & GREEN, SPECIAL COUNCIL TO THE ECONOMIC
DEVELOPMENT AGENCY ARRIVED
At 3:31 p.m., Tim Sabo, Sabo & Green, special counsel to the
Economic Development Agency, 6320 Canoga Avenue, suite #400,
17
3/7/94
Woodland Hills, CA, arrived at the closed session.
JOE ARIAS & CHRIS LOCKWOOD, ATTORNEYS AT LAW, EXCUSED
At 3:31 p.m., Joe Arias and Chris Lockwood, attorneys at
law, 560 East Hospitality Lane, San Bernardino, CA, left the
closed session.
COUNCIL MEMBER MILLER ARRIVED
At 3:33 p.m., Council Member Miller arrived at the closed
session.
ADJOURN CLOSED SESSION
At 3: 57 p. m., the closed session adjourned to the regular
meeting of the Mayor and Common Council of the City of San
Bernardino.
RECONVENE MEETING
At 3:59 p.m., Mayor Minor reconvened the regular meeting of
the Mayor and Common Council of the City of San Bernardino in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
ROLL CALL
Roll call was taken by Deputy city Clerk Vale with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam; city Attorney
Penman, Deputy City Clerk Vale. Absent: Council Member Miller;
City Administrator Shauna Clark.
City Attorney Penman announced that the following had been
discussed in closed session:
g. 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:
300 North "E" Street. San Bernardino. CA The
identity of each person with whom negotiations are
authorized is:
COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING
At 4:01 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.
COUNCIL MEMBER MILLER RETURNED
At 4:02 p.m., Council Member Miller
meeting and took her place at the council
returned to the Council
table.
18
3/7/94
CITY CLERK RACHEL CLARK RETURNED
At 4:02 p.m., City Clerk Rachel Clark returned to the
Council meeting.
and
CITY ATTORNEY PENMAN EXCUSED
At 4:02 p.m., City Attorney Penman left the Council meeting
was replaced by Senior Assistant City Attorney Barlow.
COUNCIL MEMBER
At 4:03 p.m.,
meeting.
POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council
RES. 94-52 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING
THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND THE COUNTY OF SAN BERNARDINO FOR THE YMCA YOUTH
TEEN CENTER PROJECT. (R-7)
Council Member Oberhelman stated that he would abstain on
this matter because he is a YMCA Board Member.
Council Member Devlin made a motion, seconded by Council
Member Miller, that said resolution be adopted.
Resolution No. 94-52 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Devlin,
Miller. Nays: None. Abstain: Council Member Oberhelman.
Absent: Council Member Pope-Ludlam.
COUNCIL MEMBER
At 4:09 p.m.,
Council meeting and
POPE-LUDLAM RETURNED
Council Member Pope-Ludlam returned
took her place at the council table.
to the
RES. 94-53 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING
FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF
CERTAIN PUBLIC IMPROVEMENTS FOR THE STATE COLLEGE
REDEVELOPMENT PROJECT AREA. (R-3-A)
Tim Steinhaus,
Agency, explained
improvements.
Agency Administrator,
the proposed Court
Economic Development
Street parking lot
Kenneth Henderson, Executive Director, Development
Department, Economic Development Agency, answered questions
regarding the transfer of funds from the State College
Redevelopment project area to the Central City Redevelopment
project area for the construction of the Court Street parking lot
improvements.
19
3/7/94
council Member Hernandez made a motion, seconded by council
Member Pope-Ludlam, that said resolution be adopted.
Resolution No. 94-53 was
Ayes: Council Members Negrete,
Nays: Council Members Curlin,
None.
adopted by the following vote:
Hernandez, Pope-Ludlam, Miller.
Oberhelman, Devlin. Absent:
FISCAL YEAR 1994/95 HOME
(HOME) PROGRAM DESCRIPTION
INVESTMENT PARTNERSHIP ACT
(R-6)
In a memorandum dated March 2, 1994, Kenneth Henderson,
Executive Director, Development Department, Economic Development
Agency, stated that the U. S. Department of Housing and Urban
Development (HUD) has allocated for FY 1994/95 Home Investment
Partnership Act (HOME) Program funding in the amount of
$1,351,000.
The HOME Program was created to expand the supply of safe,
sanitary and affordable housing, primarily rental housing; to
strengthen the abilities of local government to provide such
housing opportunities; and to ensure that federal housing
services, financing and other investments are provided to local
government in a coordinated, supportive fashion. The HOME
Program description supports the City's Housing Element, and is
consistent with the Comprehensive Housing Affordability Strategy
(CHAS). The HOME Program description proposes to utilize
available funds towards the following housing activities:
program administration; rehabilitation of approximately thirty-
two mUlti-family rental units in the Arden/Guthrie focus
neighborhood; and assist approximately eight households, on the
State After-Care list with incomes below 50% of the median, with
rental assistance for a two year period. At its March 1, 1994
meeting, the Housing Committee approved the FY 1994/95 HOME
Program description.
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that the Mayor and
Council approve the Fiscal Year 1994/95 HOME Program
Application; and authorize the Mayor and Executive Director to
execute any documents necessary to effectuate the submittal of
said application in a timely manner.
PUBLIC HEARING - INLAND PLAZA REFINANCING
(R-S)
This is the time and place set for
consider the proposed refinancing of the
center located at 955 South "E" Street,
Redevelopment Project area.
a public hearing to
Inland Plaza retail
in the Central City
In a memorandum dated March 2, 1994,
Executive Director, Development Department,
Kenneth Henderson,
Economic Development
20
3/7/94
Agency, stated that the Inland Plaza was constructed in 1983,
utilizing $2.2 million in Industrial Development Bond (IDB)
construction financing. The outstanding balance on the
Industrial Development Bond was due on October 15, 1993, but the
owners were able to negotiate a one year extension from the due
date until October 15, 1994 in order to arrange a refinancing of
the Industrial Development Bond. The owners have experienced
difficulty in locating a lender willing to refinance the property
due to the current restrictions on commercial loans, the recent
loss of a tenant, the lack of "credit" tenants (national chains
with a substantial financial statement), a 33% vacancy rate, and
that a number of Inland Plaza's leases expire within the next few
years.
staff and E. H. Wood and Associates believe that Inland
Plaza could be refinanced by a private lender without Agency
assistance or credit enhancement if the vacancy rate is reduced
to 15% or less; although that may not be possible. Because of
this possibility, staff is pursuing two approaches, first E. H.
Wood and Associates is attempting to locate an institutional
lender interested in this project. Second, Miller and Schroeder
believes that a bond refunding could be effected, if
institutional financing either cannot be obtained or would be
secured on disadvantageous terms for the borrower.
In both cases, and assuming the developer is able to reduce
the vacancy rate to 15%, a loan guarantee from the Agency would
be required. If a loan guarantee is not approved, Inland Plaza
could go into foreclosure. Inland Center's partners are willing
to guarantee the loan obligation. The Agency could also receive
a second trust on the property. There is a recent appraisal on
the property at a value of $3.8 million; however, E. H. Wood and
Associates feels that the value is closer to $3.2 million.
Refinancing at $2.2 million, there would be $1 million of equity
to secure the Agency's trust deed. At its February 24, 1994
meeting, the Redevelopment Committee recommended that staff be
directed to pursue, with the assistance of Miller and Shroeder, a
refinancing of the subject Industrial Development Bond,
preferably without the need for an Agency loan guarantee.
Mayor Minor opened the hearing.
Kenneth Henderson, Executive Director, Development
Department, Economic Development Agency, answered questions
regarding the Inland Plaza refinancing.
Jeff wright, P. O. Box 2341, San Bernardino, CA, inquired
why the payment could not be made by the owners.
21
3/7/94
council Member Pope-Ludlam made a motion, seconded by
council Member Oberhelman, that the pUblic hearing be closed; and
that the Mayor and Council approve an extension of the Inland
Plaza Industrial Development Bond (IDB) due date from October 15,
1993 to October 15, 1994.
The
Members
Miller.
motion carried by the following vote: Ayes: Council
Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam,
Nays: Council Member Devlin. Absent: None.
Council Member Pope-Ludlam made
seconded by Council Member Oberhelman,
that the public hearing be closed.
a substitute motion,
and unanimously carried,
Council Member Hernandez made a motion, seconded by Council
Member Pope-Ludlam that the Mayor and Council approve an
extension of the Inland Plaza Industrial Development Bond (IDB)
due date from October 15, 1993 to October 15, 1994.
The
Members
Miller.
motion carried by the following vote: Ayes: Council
Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam,
Nays: Council Member Devlin. Absent: None.
RECESS MEETING
At 5:27 p.m., Mayor Minor declared a five-minute recess.
RECONVENE MEETING
At 5:36 p.m., Mayor Minor reconvened the regular meeting of
the Mayor and Common council of the city of San Bernardino in the
council Chambers of City Hall, 300 North liD" Street, San
Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Negrete,
Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller;
Senior Assistant city Attorney Barlow, city Clerk Rachel Clark,
City Administrator Shauna Clark. Absent: None.
FY 1993/94 MID YEAR BUDGET REPORT - RECEIVE &
CONTINUED FROM FEBRUARY 21, 1994
FILE-
(21)
This is the time and place continued to consider the FY
1993/94 mid year budget report.
In a memorandum dated February 17, 1994, Fred Wilson,
Assistant City Administrator, stated that it is difficult to
forecast the City's fiscal position for FY 1994/95 due to the
inability to predict local economic conditions; however, a
preliminary General Fund Balance Report has been prepared based
on several assumptions. If the budget assumptions are realized,
it is anticipated that the FY 1994/95 General Fund would have an
22
3/7/94
deficit of approximately $1,424,648.
It is assumed that revenue collections would remain at the
same level as FY 1993/94 which came in either at, or under
budget. At this time, no provision has been made for revenue
growth since actual revenues have been flat. No indicators have
been received that, revenue wise, the bottom of the recession has
been reached.
The city has been using collateralized mortgage obligation
(CMO) monies for the past three years to fund capital purchases.
FY 1993/94 was the last year CMO funds are available. The net
impact of this revenue loss for FY 1994/95 is $900,000.
Department expenditures would remain at FY 1993/94 levels.
Since FY 1990/91, real department expenditures have been either
flat, or reduced from 5% to 10% per department. $500,000 has
been set aside for mandatory Charter section 186 compensation
adjustments.
The first year debt service payment for the new police
facility was not factored into the FY 1994/95 budget since a
capitalized interest fund was provided for in the bond issue.
This interest fund would make its own payments for the first
eighteen months; then would be approximately $450,000 to $500,000
per year for thirty years. The debt service obligations summary
lists all of the city's mandatory debt service obligations. For
FY 1994/95, the total debt service is $3,576,774 which has been
factored into the budget.
Governor Wilson released the proposed FY 1994/95 state
budget on January 7, 1994. Although it may not directly impact
cities in terms of revenue takeaways at this time, there are many
assumptions in the Governor's budget which make the budget
outlook for cities unpredictable. The FY 1994/95 final State
budget may be significantly different than what was originally
proposed. The Governor' s budget is propos ing to give back to
cities 100% of the fines and forfeiture revenues, which represent
approximately $50,000 in additional revenue.
The City was notified on February 9, 1994, that it would
receive $1,439,000 in Department of Justice Federal grant monies
to pay for seventeen additional police officers over a three year
period. The City's matching cost is estimated, over a three year
period, to be $2,167,393, for a total approximate cost of
$3,636,343. These costs include the purchase of four fully
equipped police vehicles in FY 1994/95. The City's costs for
these additional officers have not been included in the budget.
It is anticipated that the FY 1994/95 budget deliberations would
be scheduled for June 1994.
Barbara Pachon, Director
estimated that as of June 30,
of Finance, stated that it is
1994 the FY 1993/94 General Fund
23
3/7 /94
balance would have a surplus of $881,700. She explained that
although revenue has been less than anticipated, expenditures
were also down significantly, allowing a small surplus.
Shauna Clark, City Administrator, answered questions
regarding the FY 1993/94 budget, and the anticipated FY 1994/95
budget deficit.
CITY ATTORNEY
At 5:40 p.m.,
meeting.
PENMAN RETURNED
city Attorney Penman returned to the Council
Fred
questions
budget.
wilson, Assistant City Administrator, answered
regarding the FY 1993/94 and the anticipated FY 1994/95
Discussion ensued regarding how to eliminate the anticipated
FY 1994/95 deficit.
City Administrator Clark stated that in order to eliminate
the estimated $1.4 million deficit for FY 1994/95, consideration
should be given to raising revenue by raising fees, raising
taxes, charging for services not previously charged for, or
increasing the city-wide street lighting and street sweeping
assessment district (Assessment District No. 994); or reducing
expenditures by slowing hiring, establishing a vacancy factor,
implementing across the board budget cuts, or cutting programs.
She recommended against implementing across the board budget
cuts, and requested that should the Mayor and Council decide to
investigate the option of cutting programs, that specific
direction be given to staff in order to more effectively and
efficiently research the options and respond to the Mayor and
council's priorities.
Discussion continued regarding how to balance the FY 1994/95
budget.
Mayor Minor explained that many items have been considered
in order to eliminate the FY 1994/95 deficit, and presented the
following items for discussion purposes only:
1) Establish a two-tiered retirement plan, this would not
impact current employees; however, would have future
employees funding their own retirement;
2) Close the utility Collection & Postal Service Center at
1505 West Highland Avenue (Highland and western);
3) Merge Public services Department with Public
Works/Engineering which would eliminate one department head;
4) Extend Assessment District No. 994 (city-wide street
sweeping and street lighting) for an indefinite period of
time;
5) Increase Assessment District No. 994 levy to include
24
3/7/94
graffiti clean-up, and traffic signal maintenance;
6) Review tree trimming services for complete privitization;
7) Eliminate one Fire Department engine crew and station;
8) stop funding Crossing Guards;
9) Review building inspection services for possible
privitization;
10) Have the California Highway Patrol (CHP) investigate traffic
collisions and enforce the Vehicle Code; eliminate the
Police Motorcycle Unit and have those officers patrol in
cars;
11) Charge for downtown parking;
12) Eliminate some personnel;
13) Review all fees;
14) Charge a Rental Inspection Fee for all rental properties,
and ensure that inspections are made;
15) Review the possibility of an entertainment tax; and
16) Close the Ingram Library Branch at 1505 West Highland
Avenue (Highland and Western).
Discussion ensued regarding the items presented by Mayor
Minor as possible budget balancing measures.
Council Member Negrete made a motion, seconded by Council
Member Miller, that the Mid Year Budget Report for FY 1993/94, be
received and filed. (Note: There was no vote taken.)
Discussion continued regarding possible budget balancing
measures.
Council Member Oberhelman made a substitute motion, seconded
by Council Member Negrete, and unanimously carried, that the
matter be continued to March 21, 1994, in the Council Chambers of
city Hall, 300 North "0" street, San Bernardino, California.
RES. 94-54 - RESOLUTION OF THE CITY OF SAN BERNARDINO
SUPPORTING AND RECOMMENDING PASSAGE OF AB 2966, AN ACT
TO ADD SECTION 1798.1 TO THE WELFARE AND INSTITUTIONS
CODE, RELATING TO JUVENILES, AND MAKING AN
APPROPRIATION THEREFORE. (New Business 1)
Council Member Hernandez made a motion, seconded by Council
Member Negrete, that the need to take action arose after the
posting of the agenda.
Council Member Hernandez explained that Assembly Bill 2966
(AB 2966) would expand the Los padrinos gang intervention
program.
The motion carried by the following vote: Ayes: Council
Members Negrete, Curlin, Hernandez, Devlin, Pope-Ludlam, Miller.
Nays: Council Member Oberhelman. Absent: None.
~
City Clerk Rachel Clark read the title of the resolution.
25
3/7 /94
Council Member Hernandez made a motion, seconded by Council
Member Pope-Ludlam, that said resolution be adopted.
Resolution No. 94-54 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Devlin, Pope-
Ludlam. Nays: Council Oberhelman, Miller. Absent: None.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTERS 5.12 AND 5.82 OF THE SAN BERNARDINO MUNICIPAL
CODE, BY ADDING SECTIONS 5.12.055 AND 5.82.075 RELATING
TO VIOLATION OF CONDITIONS ON OPERATORS PERMITS.
(Continued from February 7, 1994) First (22)
Council Member Hernandez made a motion, seconded by Council
Member Oberhelman, and unanimously carried, that said ordinance
be tabled.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
SECTION 2.46.120 TO THE SAN BERNARDINO MUNICIPAL CODE
PROHIBITING EXCESSIVE PRICE INCREASES DURING STATE OF
EMERGENCY. (State of Emergency Action) First (23-A)
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTION 2.46.100 OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO PUNISHMENT FOR VIOLATIONS OF RULES OR
REGULATIONS ISSUED DURING AN EMERGENCY. (State of
Emergency Action) First (23-8)
Council Member Hernandez made a motion, seconded by Council
Member Miller, and unanimously carried, that said ordinances be
laid over for final adoption.
AN ORDINANCE OF THE CITY OF
BERNARDINO MUNICIPAL CODE
SERVICE USERS TAX.
SAN BERNARDINO AMENDING SAN
CHAPTER 3.44 RELATING TO
First (24)
Council Member Oberhelman made a motion, seconded by Council
Member Miller, and unanimously carried, that said ordinance be
laid over for final adoption.
WAIVE FEE - $580 - USE OF SECCOMBE LAKE PARK - CAMP
FIRE BOYS & GIRLS - FUN RUN - MAY 21, 1994 (25)
In a memorandum dated February 10, 1994, Annie Ramos,
Director of Parks, Recreation and Community Services, stated that
the Camp Fire Boys and Girls, San Andreas Council, is sponsoring
a fund raising Fun Run at Seccombe Lake Park on May 21, 1994, and
has requested that the $580 fee be waived. The Camp Fire Boys
and Girls Fun Run meets the criteria for a waiver of fees as set
forth in Resolution No. 91-35.
26
3/7/94
Council Member Curlin made a motion,
Member Pope-Ludlam, and unanimously carried,
waive fees for use of Seccombe Lake Park by
and Girls in the amount of $580, be approved.
seconded by Council
that the request to
the Camp Fire BOys
RES. 94-55 - A RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING ASSESSMENT ROLL NO. 1007 FOR THE MAINTENANCE
OF FUTURE LANDSCAPING IN THE AREA OF PEPPER AVENUE AND
RANDALL AVENUE IN THE CITY OF SAN BERNARDINO, AND
APPROVING ASSESSMENT DIAGRAM MAP NO. 1007. (18)
Council Member Hernandez made a motion, seconded by council
Member Oberhelman, that said resolution be adopted.
Resolution No. 94-55 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 AUTHORIZING
THE MAYOR TO EXECUTE THE APPROVAL AND AWARD OF GRANT
NO. 07-49-02680 FROM THE ECONOMIC DEVELOPMENT
ADMINISTRATION FOR CONSTRUCTION OF WATER, SEWER AND
ROAD IMPROVEMENTS WITHIN NORTON A.F.B. (19)
City Attorney Penman requested that the matter be continued
to allow time to resolve several outstanding issues.
Council Member Oberhelman made a motion, seconded by Council
Member Miller, and unanimously carried, that the matter be
continued to March 21, 1994, in the Council Chambers of city
Hall, 300 North "D" street, San Bernardino, California.
AUTHORIZE LETTERS OF OPPOSITION TO ASSEMBLY BILL 122
(AB 122) - MOBILE HOME RENT CONTROL (S-l)
In a memorandum dated March 2, 1994, Council Member
Hernandez, requested that the Mayor be authorized to send letters
of opposition to Assembly Bill 122 (AB 122) to the State Senate
Judiciary and Appropriations Committees. AB 122 would preempt
all local mobile home rent control ordinances, including those
enacted in charter cities, based on the premise that local rent
control measures have a negative effect on the statewide mobile
home rental housing market.
Council Member Oberhelman made a motion, seconded by Council
Member Negrete, and unanimously carried, that the Mayor, on
behalf of the Mayor and Common Council, send letters of
opposition to the State Judiciary and Appropriations Committees
opposing AB 122.
27
3/7/94
city Attorney Penman announced that the following additional
cases had been discussed in closed session:
Kelso vs. Salva/Citv of
Superior Court Case No.
271839;
San Bernardino San Bernardino
269269, Consolidated with Case No.
Countv of San Bernardino vs. citv of Colton - Riverside
County Superior Court Case No. 242968;
Armendariz vs. Penman. et al - U.S. District Court Case No.
91-5757 CVMJ.
ADJOURNMENT (29)
Council Member Pope-Ludlam made a motion, seconded by
Council Member Hernandez, that the meeting be adjourned to
Thursday, March 10, 1994, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California, to discuss the
Freeway Home Center. (Note: There was no vote taken.)
Discussion ensued regarding the need to a meet to discuss
the Freeway Home Center.
Council Member Pope-Ludlam with her motion.
At 6: 24
will be held
Chambers of
California.
p.m., the meeting was adjourned. The next meeting
at 8:00 a.m., Monday, March 21, 1994, in the Council
City Hall, 300 North "D" Street, San Bernardino,
RACHEL CLARK
City Clerk
{/ ," ------..-.'"
By ;; ~( fc-:2 /< ~,' c:.;?L-L'~
Melanie Vale
Deputy city Clerk
No. of Items: 46
No. of Hours: 8.5
28
3/7 /94