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HomeMy WebLinkAbout04-04-1994 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING APRIL 4, 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, April 4, 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; Senior Assistant city Attorney Morillo, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Pope-Ludlam, Miller. 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. Litigation pursuant to Government Code Section 54956.9: a. Conference with legal counsel - existing litigation: l. Zofia Tvrakowska vs. citv of San Bernardino - Ninth Circuit Court of Appeals Case No. 94-55137; 2. Cal Safari. Inc. DBA In Cahoots: Thomas D. Elesea; CR Cafe SB. Inc.. DBA Thumpers vs. citv of San Bernardino. the citv Clerk of the city of San Bernardino and Daniel Robbins. the Chief of Police of the Police Department of the citv of San Bernardino - San Bernardino Superior Court Case No. SCV 10942. 3. Pike vs. Henrv/Citv of San Bernardino San Bernardino Superior Court Case No. SCV 00530. b. Conference with legal counsel - anticipated litigation: 1. Significant exposure subdivision (b) of potential cases; to litigation pursuant to Section 54956.9: three 2. Initiation of litigation pursuant to Subdivision (c) of Section 54956.9: three potential cases. I 4/4/94 B. Pursuant to Government Code section 54957.6: a. Conference with labor negotiator: Agency Negotiator: Barbara Dillon, Director of Personnel. Emplovee Oraanizations: San Bernardino city Employees' Association representing General Employees; San Bernardino Public Employees' Association representing Mid-Management Employees; International Association of Firefighters Local 89l representing Fire Safety Employees; San Bernardino Police Officers' Association representing Police Safety Employees. 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; Senior Assistant City Attorney Morillo, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Pope-Ludlam, Miller. Also present: Deputy City Attorney Simmons, and Margaret Scroggin, Administrative operations supervisor, City Attorney's Office. READING OF RESOLUTIONS & 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. PERSONNEL DIRECTOR DILLON ARRIVED At 8:08 a.m., Barbara Dillon, Director of Personnel, arrived at the closed session. COUNCIL MEMBER MILLER ARRIVED At 8:10 a.m., Council Member Miller arrived at the closed session. COUNCIL MEMBER MILLER EXCUSED At 8:40 a.m., Council Member Miller left the closed session. 2 4/4/94 PERSONNEL DIRECTOR DILLON EXCUSED At 8:50 a.m., Barbara Dillon, Director of Personnel, left the closed session. DEPUTY CITY ATTORNEY RHEMREV ARRIVED At 8:55 a.m., Deputy City Attorney Rhemrev arrived at the closed session. DEPUTY CITY ATTORNEY RHEMREV EXCUSED At 8:57 a.m., Deputy City Attorney Rhemrev left the closed session. ADJOURN CLOSED SESSION At 8:58 a.m., the closed session was adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 9:02 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, Miller; Deputy city Attorney Roth, City Clerk Rachel Clark, city Administrator Shauna Clark. Absent: Council Member Pope-Ludlam. INVOCATION The invocation was given by Phil Arvizo, Executive Assistant to the CounciL PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Curlin. EMPLOYEE RECOGNITION AWARDS - FOURTH QUARTER 1994 (2) In a memorandum dated March 23, 1994, Les Fogassy, Chairman, Employee Recognition Award Selection Committee, stated that the following employees have been selected as recipients of the Employee of the Quarter Awards for the Fourth Quarter of 1994 in each of their respective categories: Management/Confidential category Mid-Management category Safety category General category no nominations Don Johnson Jon Waterhouse Chad Lynde 3 4/4/94 COUNCIL MEMBER At 9:07 a.m., Council meeting and POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived took her place at the council table. at the PROCLAMATION APRIL II - 18, 1994 BARBERSHOP HARMONY WEEK - (2-A) J. Lorraine Velarde, Executive Assistant the Mayor, read a proclamation declaring the week of April 11 to 18, 1994, as Barbershop Harmony Week in the city of San Bernardino. Jerry Weitzman, Chapter representative of the Society for the Preservation and Encouragement of Barbershop Quartet Singing in America, Inc., accepted the proclamation. The Barbershop quartet performed a musical number. PROCLAMATION APRIL 1994 EARTHQUAKE PREPAREDNESS MONTH- (2-B) J. Lorraine Velarde, Executive Assistant to the proclamation declaring the month of April 1994, Preparedness Month in the City of San Bernardino. Mayor, read a as Earthquake cynde Frazen, Co-Chair of the Earthquake Mitigation Task Force, accepted the proclamation and acknowledged the following members: Jim Burns, Chair, Dick McGreevy, Mel upp, Linda Turcotte, Willie Smith, Kathy Sokol, Loretta Roth and Anita Greenawalt. PROCLAMATION - MARCH OF DIMES WALK-AMERICA/TEAM WALK DAY - APRIL 23, 1994 (2-C) J. Lorraine Velarde, Executive Assistant to the Mayor, read a prOClamation declaring Saturday, April 23, 1994, as March of Dimes Walk-America/Team Walk Day in the City of San Bernardino. Barry McCarroll, site Chairman for Walk-America, and Bill Payne, Overall Chairman of Walk-America, Debbi Lee, Director of County Services Inland Chapter for the March of Dimes and Chairperson of the San Bernardino Walk-America, accepted the proclamation. Debbi Lee introduced Ann Marie and Michelle Lee as Ambassadors for the March of Dimes, and explained the costs of medical care for her premature twins. Bill Payne presented the Mayor and Common Council with event t-shirts. 4 4/4/94 PROCLAMATION - CALIFORNIA RETIRED TEACHERS ASSOCIATION DAY - APRIL 5, 1994 (2-D) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring April 5, 1994, as California Retired Teachers Association Day in the City of San Bernardino. Helen Bogatin, President of the California Retired Teachers Association, San Bernardino Valley Division No. 14, accepted the proclamation. PROCLAMATION - SAN BERNARDINO SPIRIT BASEBALL WEEK - APRIL 3 - 10, 1994 (2-E) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring the week of April 3 to April 10, 1994, as San Bernardino spirit Baseball Week in the City of San Bernardino. Dr. Charles Terrell, Chairman of the Baseball Committee; Jean Stephens, President, Judi Thompson, Executive Vice President of the San Bernardino Area Chamber of Commerce; Dave Elmore and Donna Tuttle, Co-Owners of the Spirit Baseball Team, Jim Wehmeier, General Manager and Greg Mahlberg, Team Manager of the Spirit Baseball Team, accepted the proclamation. CERTIFICATE OF FRIENDSHIP - NICHOLAS JESUS DIAZ GARRIDO - COMAN DANTE JEFE & FUERZA AEREA DE ESPANA (2-F) Council Member Devlin presented Certificates of Friendship to Nicholas Jesus Diaz Garrido, Comandante Jefe, and Fuerza Aerea de Espana. PRESENTATION - PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT - WILDWOOD PARK (2-G) Council Member Oberhelman presented a plaque to Annie Ramos, Director of Parks, Recreation & Community Services, John Kramer, Superintendent of Recreation, Ed Yelton, Superintendent of Parks, and Josh Carter, Senior Recreation Supervisor, for their efforts in preparing the playing field at Wildwood Park. APPOINTMENT BRENDA FREDERICK COMMISSION - COUNCIL MEMBER DEVLIN HUMAN RELATIONS (S-2) In a memorandum dated March 30, 1994, Mayor Minor recommended the appointment of Brenda Frederick, 1480 W. Edgehill Road, Unit 9, San Bernardino, CA, to the Human Relations commission, as requested by Council Member Devlin. 5 4/4/94 council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the appointment of Brenda Frederick to the Human Relations Commission, as requested by Council Member Devlin, be approved. ANNOUNCEMENTS - COUNCIL MEMBER CURLIN (3) Council Member Curlin stated the first meeting of the San Bernardino Youth Accountability Board was a success, and invited interested participants residing in the Second Ward to contact his office; he announced that the San Bernardino Tobacco Education Task Force would present recommendations on the proposed smoking ordinance during a luncheon workshop in the City Hall Annex; and proposed to implement a youth curfew to curb crime. ANNOUNCEMENT - COUNCIL MEMBER OBERHELMAN (3-A) Council Member Oberhelman stated that he and Council Member Devlin represented the City of San Bernardino at the Santa Anita Handicap Opening. ANNOUNCEMENT - CITY ADMINISTRATOR SHAUNA CLARK (3-B) City Administrator Shauna Clark stated that the city is updating its policy on disaster preparedness and that the Mayor and Council would be asked to consider the following: whether nonconforming buildings can be rebuilt at previously approved density; prioritizing historical buildings; recognize the urgency that retail stores be operational after a major disaster; understand that cellular phones would become unavailable during a disaster; recognize the need for more landfill space; survey City employees to determine what languages they speak so that the City can broadcast more efficiently; and whether to establish a separate shelter for employees' families. PUBLIC COMMENTS - GARY KIRBY (4) Gary Kirby, 1505 Yardley, San Bernardino, CA, objected to the angle parking on "E" Street; proposed new term limits for City Council Members; proposed that the San Bernardino Baseball stadium be built by Miller Brewing Company; and voiced support on the proposal to buy back the Civic Light Opera building. PUBLIC COMMENTS - JEFF WRIGHT (4-A) Jeff Wright, P. O. 2341, San Bernardino, CA, concurred with comments made by Gary Kirby; and expressed concern regarding censorship at the last Council meeting. COUNCIL MEMBER MILLER EXCUSED At 9:47 a.m., Council Member Miller left the Council meeting. 6 4/4/94 PUBLIC COMMENTS - JOHN STEVENS (4-B) John Stevens, 4097 pershing, San Bernardino, CA, voiced concern relative to radioactive clean-up at Norton Air Force Base. COUNCIL MEMBER MILLER RETURNED At 9:51 a.m., Council Member Miller returned to the Council meeting and took her place at the council table. PUBLIC COMMENTS - HECTOR LUNA (4-C) Hector Luna, 1255 Reece Street, San Bernardino, CA, proposed that the City dedicate a street in honor of Cesar Chavez; expressed concern regarding the individuals from the Mental Health Department loitering at villasenor Library; objected to the City amending the five-minute speaking rule to three-minutes; and commented on blight within the City. COUNCIL MINUTES (6) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino be approved as submitted in typewritten form: February 7, 1994, February 21, 1994, February 22, 1994, March 7, 1994. ACTION GRANT - $131,142 - PARKS, RECREATION & COMMUNITY SERVICES - RETIRED SENIOR VOLUNTEER PROGRAM - OCTOBER 1, 1994 TO SEPTEMBER 30, 1997 - AUTHORIZE APPLICATION & ADMINISTRATION (7-A) In a memorandum dated March 14, 1994, Annie F. Ramos, Director of Parks, Recreation & Community Services, stated that the Department would receive a continuation ACTION grant for the Retired Senior Volunteer (RSVP) Program for Fiscal Years 1994-95 through 1996-97 in the amount of $43,714 per year for a total of $131,142. The RSVP Program has been in operation in the City for approximately 20 years. The RSVP Program provides volunteers for work sites throughout the City and surrounding area. Volunteers work in such places as Goodwill Industries, Center for Individuals with Disabilities, convalescent hospitals, libraries, City Hall and other locations. The volunteers currently serve 69 sites throughout the City and surrounding area. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Director of Parks, Recreation and Community Services Department be authorized to apply for and administer an ACTION grant in the amount of $131,142 to continue the Retired Senior Volunteer Program for the 7 4/4/94 period of October 1, 1994 through September 30, 1997. FEDERAL GRANT - $148,202 - HEAD START/PRESCHOOL PROGRAM - DELMANN HEIGHTS COMMUNITY CENTER - SEPTEMBER 1, 1994 TO AUGUST 31, 1995 - AUTHORIZE APPLICATION & ADMINISTRATION (7-B) In a memorandum dated March 23, 1994, Annie F. Ramos, Director of Parks, Recreation & Community Services, stated that the Head Start/Preschool program has been in operation at Delmann Heights Community Center since 1978. The school began with one class of 15 children and has now grown to four classes of 15 children each. These 60 children are receiving education and training opportunities that would not be available to them were it not for the Delmann Heights Program. The funding requirements are the same in 1994-95 as they were in 1993-94. The City in-kind services include thousands of hours of volunteer work by the parents of the children involved as well as the hours of staff and use of facilities. The program provides benefits that far outweigh the costs; therefore, it is recommended that authorization to apply for funding to continue the program be approved. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Director of Parks, Recreation and Community Services Department be authorized to apply for and administer a federal grant in the amount of $148,202 to continue the Head Start/Preschool Program at the Delmann Heights Community Center for the period of September 1, 1994 through August 31, 1995. ITEM DELETED (10) (11) PERSONNEL ACTIONS Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated March 24, 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. 94-76 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO HI STANDARD AUTOMOTIVE FOR THE FURNISHING AND DELIVERY OF LIGHT BARS AND ACCESSORIES, TO BE UTILIZED BY THE POLICE DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-94-15. (13) Council Member Oberhelman made a Member Hernandez, that further reading and that said resolution be adopted. motion, seconded by Council of the resolution be waived; 8 4/4/94 The motion carried, and Resolution No. 94-76 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, pope-Ludlam, Miller. Nays: None. Absent: None. WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (5) Jeff Wright, P. O. Box 2341, San Bernardino, CA, requested that the titles of resolutions and ordinances be read in open session. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 9:56 a.m., Council Member Pope-Ludlam left the Council meeting. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas, be waived. DEPUTY CITY ATTORNEY ROTH EXCUSED Deputy City Attorney Roth left the Council meeting and was replaced by Deputy City Attorney Empeno. TRANSPORTATION MODEL DEVELOPMENT - MAINTENANCE & SERVICE AGREEMENT - APPROVE IN PRINCIPLE (8) In a memorandum dated March 23, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that the City has entered into an agreement with JHK & Associates to develop a Traffic Forecast Model for the city. After investigation and contact with six adjacent cities, it was determined that by adding sufficient detail to the other areas to produce a regional model, the cost could be reduced rather than having each city prepare its own model. cities of Redlands, Highland, Grand Terrace, Colton, Loma Linda and Rialto were contacted to see if they would be interested in a joint effort. In view of the interest expressed, an agreement between the six cities and San Bernardino has been developed. The proposed agreement provides that the City would be responsible for development of an expanded traffic model to include the other six cities and that the City operate and maintain the model at an established hourly fee. Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired if the traffic forecast model included the "E" Street diagonal parking plan. Discussion ensued relative to the cost of the traffic forecast model, and the approximate time the model would be fully operational. 9 4/4/94 Roger Hardgrave, Director of Public works/city Engineer, stated that the agreement is in final form and has been reviewed by the City Attorney's Office. Deputy city Attorney Empeno stated that revisions need to be made to the agreement, and requested that the City Attorney's Office be directed to prepare the agreement in final form. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the proposed agreement with six (6) surrounding cities, relative to development, operation and maintenance of the East Valley Sub Area Model for forecasting traffic volumes, be approved in principle, and that the City Attorney's office be directed to prepare the agreement in final form and submit to other cities for approval. COUNCIL MEMBER POPE-LUDLAM RETURNED At 10:05 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. STREET VACATION - PORTION OF OLIVE AVENUE, BETWEEN CABLE CREEK FLOOD CONTROL CHANNEL & IRVINGTON AVENUE, & PORTION OF WASHINGTON AVENUE, WESTERLY OF GREGORY AVENUE, LYING WITHIN TRACT NO. 15407 - AUTHORIZATION TO PROCEED (9) In a memorandum dated March 21, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that a request has been received from California Property Fund, to vacate a portion of Olive Avenue, between the Cable Creek Flood Control Channel and a proposed new street to be called "Brenda Drive"; and to vacate a small left-over portion of Washington Avenue on the westerly side of Gregory Street. Tract No. 15407 would consist of 110 residential lots bounded by Olive Avenue, Brenda Drive, Walnut Avenue, and Irvington Avenue in the Verdemont area. In March of 1981, a revised Tract Map for Tract No. 10182 was approved by the Mayor and Council. The Tract Map showed Olive Avenue as extending to the Cable Creek Flood Control Channel, turning and running easterly along the Channel. The new Tentative Tract No. 15407 shows Olive Avenue as ending approximately 95 feet northerly of the Channel and running easterly as Brenda Drive, making the southerly extension of Olive Avenue an un-needed, dead- end street. The City has no present or future need for the two portions of streets being proposed for vacation. Roger Hardgrave, Director of Public Works/City Engineer, answered questions relative to the fees for street name changes. 10 4/4/94 council Member Hernandez made a motion, seconded by Council Member Devlin, and unanimously carried, that the Director of Public Works/City Engineer and the city Clerk be authorized to proceed with the proposed vacation of a portion of Olive Avenue between the Cable Creek Flood Control Channel and Irvington Avenue, and a portion of Washington Avenue westerly of Gregory Avenue, lying within Tentative Tract No. 15407; and that Plan No. 9098 showing the proposed vacation of a portion of Olive Avenue between the Cable Creek Flood Control Channel and Irvington Avenue, and a portion of Washington Avenue, lying within Tentative Tract No. 15407, be approved. RES. 94-77 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR COMPUTER EXAMINATION SCORING SERVICES FOR AN ADDITIONAL ONE YEAR PERIOD. (12) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 94-77 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-78 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN RON TURLEY ASSOCIATES INC. AND THE PUBLIC SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO. (14) Jeff Wright, P. o. Box 2341, San Bernardino, CA, requested an explanation of the proposed agreement. city Administrator Shauna Clark explained that the purchase of the fleet management software system would allow the Fleet Division to more effectively and efficiently manage its resources. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 94-78 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, DeVlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-79 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART, "A RESOLUTION . PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF . . .," TO RESERVE TWENTY-SIX PARKING SPACES FOR THE EXCLUSIVE USE OF CITY LIBRARY EMPLOYEES AND VOLUNTEERS IN THE EASTERN PARKING LOT OF THE NORMAN F. FELDHEYM LIBRARY, LOCATED ON THE SOUTHWEST CORNER OF "E" STREET AND SIXTH STREET. (15) 11 4/4/94 Concern was expressed that removal of the 26 parking spaces would adversely impact parking for the public. Council Member Hernandez made a motion, seconded by Council Member Curlin, that said resolution be adopted. (Note: The vote was taken after discussion.) John stevens, 4097 Pershing, San Bernardino, CA, suggested that the open field located next to the Library be used for employee and volunteer parking. Jeff wright, P. O. 2341, San Bernardino, CA, objected to the proposal to reserve twenty-six parking spaces for library employees and volunteers. Gary Kirby, 1505 Yardley, San Bernardino, CA, suggested that the City utilize the empty lot where the Platt Building was located for employee parking and objected to Library funds being allocated for this purpose. Larry Singleton, 26644 Messina, Highland, CA, stated that parking should be on a first-come first-serve basis. Resolution No. 94-79 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Pope-Ludlam, Miller. Nays: Council Members Oberhelman, Devlin. Absent: None. RECESS MEETING At 10:20 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 10:28 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council in the Council Chambers of city Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by city Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Deputy City Attorney Empeno, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. RES. 94-80 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENTS AND IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF PUBLIC NUISANCES. (BUILDING ABATEMENT) (16) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. (Note: The vote was taken after discussion.) 12 4/4/94 Jeff Wright, P. O. Box 2341, San Bernardino, CA, objected to the imposition of building abatement liens. It was the consensus of the Council that the property located at 435 E. 13th/1299 Stoddard Street be corrected to read 435 W. 13th/1299 Stoddard Street, in Exhibit "A" of the resolution. Resolution No. 94-80 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-81 - 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) (17) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. city Administrator Shauna Clark explained that the liens are for unpaid weed abatements. Larry Singleton, 26644 Messina, Highland, CA, voiced objection to the City'S property maintenance standards. Resolution No. 94-81 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-82 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING THE ANNUAL GROSS LOW INCOME LEVELS FOR THE SERVICE USERS TAX. (18) 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, voiced concern that the Mayor and Council should first conduct a public hearing on this matter. Resolution No. 94-82 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 94-46 RELATING TO THE LENGTH OF TIME FOR PUBLIC COMMENTS ON ITEMS BOTH ON AND NOT ON THE AGENDA PURSUANT TO THE RALPH M. BROWN ACT. (19) 13 4/4/94 council Member Curlin made a motion, seconded by Council Member Hernandez, that the Mayor and Council amend its prior action regarding public comments related to items on the Council agenda from three minutes per person per item, with the possibility of two-minute extensions granted at the Council's sole discretion to one two-minute extension per person per meeting to be exercised at the sole option of the speaker; and that said resolution be adopted. (Note: There was no vote taken.) Discussion ensued relative to referring the matter back to the Legislative Review committee to consider the length of time for public comments on items that are pulled from the consent calendar. Council Member Devlin made a substitute motion, seconded by Council Member Oberhelman, that the matter be referred to the Legislative Review Committee. The substitute motion carried by the following vote: Council Members Oberhelman, Devlin, Pope-Ludlam, Miller. Council Members Negrete, Curlin, Hernandez. Absent: None. Ayes: Nays: RES. 94-83 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH C M ENGINEERING ASSOCIATES, INC. RELATING TO THE PROVISION OF PROFESSIONAL DESIGN SERVICES FOR PHASE III OF THE NORTHWEST INTERCEPTOR SEWER. (See related Item No. 26- A) (20-A) RES. 94-84 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HOLMES & NARVER RELATING TO THE PROVISION OF PROFESSIONAL DESIGN SERVICES FOR PHASE IV OF THE NORTHWEST INTERCEPTOR SEWER. (See related Item No. 26-B) (2o-B) RES. 94-85 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LUDWIG ENGINEERING RELATING TO THE PROVISION OF PROFESSIONAL DESIGN SERVICES FOR THE NORTHWEST INTERCEPTOR SEWER. (Continued from March 21, 1994) (See related Item No. 20- A) (26-A) RES. 94-86 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BONADIMAN ENGINEERS, INC. RELATING TO THE PROVISION OF PROFESSIONAL DESIGN SERVICES FOR THE NORTHWEST INTERCEPTOR SEWER. (continued from Karch 21, 1994) (See related Item No. 20- B) (26-B) Council Member Hernandez made a motion, seconded by Council Member Miller, that said resolutions be adopted. 14 4/4/94 Roger Hardgrave, Director of Public Works/City Engineer, answered questions relative to the funds allocated to finance the Northwest interceptor sewer project. Resolution Nos. 94-83, 94-84, 94-85, and 94-86 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-87 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE 1993/94 TO 1997/98 CAPITAL IMPROVEMENT PROGRAM. (21) Council Member Hernandez made a motion, seconded by Council Member Negrete, that said resolution be adopted. Jeff Wright, P. o. Box 2341, San Bernardino, CA, questioned why the capital Improvement Plan was being adopted as there would probably be changes made. Discussion ensued relative to a review of the proposed Capital Improvement Program during the annual budget review and the enactment of Assembly Bill 1600 which provides that a local agency must have an adopted capital improvement program in order to collect development fees. Resolution No. 94-87 was adopted by the following vote: Council Members Negrete, curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. Ayes: Devlin, RES. 94-88 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE EXTENSION OF ASSESSMENT DISTRICT NO. 994 TO PAY FOR THE COST OF EXISTING AUTHORIZED MAINTENANCE AND OPERATIONS WHICH INCLUDE STREET SWEEPING AND STREET LIGHTING AND OF PROPOSED MAINTENANCE AND OPERATIONS WHICH INCLUDE GRAFFITI REMOVAL AND TRAFFIC SIGNAL MAINTENANCE, DECLARING ITS INTENTION TO PROCEED TO ORDER SUCH MAINTENANCE AND OPERATIONS AND LEVY ASSESSMENTS WITHIN THE DISTRICT, AND SETTING AND DIRECTING PUBLICATION OF A NOTICE OF A TIME AND DATE OF PUBLIC HEARINGS. (22) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that said resolution be adopted. (Note: The vote was taken after discussion.) Jeff Wright, P. O. Box 2341, concern relative to the proposed Assessment District No. 994. San Bernardino, CA, voiced expansion and extension of 15 4/4/94 Discussion was held relative to conducting public hearings on the proposed city-wide extension and expansion of services for Assessment District No. 994. City Administrator Shauna Clark stated that the public hearings are scheduled for June 8, and June 22, 1994, at sturges Auditorium, 780 North "E" street, San Bernardino, California. Discussion continued relative to changing the annual gross income levels to be consistent with the u.s. Department of Housing and Urban Development (HUD) standards for low income. It was recommended that section 9 of the resolution be amended to change the low-income level from $12,000 to $14,400 for one person, from $15,000 to $16,450 for a household of two persons to allow more households to be eligible for service users tax refunds or exemptions. Council Member Pope-Ludlam amended her motion, and Council Member Miller seconded, that said resolution be adopted by interlineation to amend section 9 to change the low-income levels for service users tax (utility tax) from $12,000 to $14,400, from $15,000 to $16,450; and that said resolution be adopted as amended. The motion carried, and Resolution No. 94-88 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-89 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LICENSE AND AGREEMENT WITH ARCO PRODUCTS COMPANY RELATING TO RELOCATION OF AN EXISTING MONUMENT SIGN IN AN EXISTING CITY SEWER EASEMENT AT THE NORTHWEST CORNER OF HALLMARK PARKWAY AND UNIVERSITY PARKWAY. (23) Council Member Hernandez made a motion, seconded by Council Member Miller, that said resolution be adopted. Discussion ensued relative to granting permission to Arco Products Company to erect a monument sign on a portion of the City'S sewer easement. Resolution No. 94-89 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. PUBLIC HEARING ASSESSMENT DISTRICT NO. CONFIRMING AMENDED ASSESSMENT 961-R - (24) This is the time and place set for a public hearing to confirm the amended assessments in Assessment District No. 961-R, for the acquisition of offsite improvements in the Park Centre area. 16 4/4/94 In a memorandum dated March 14, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that the property owners have split parcels in the Park Centre area, Assessment District No. 961-R, which requires reapportionment of the pertinent assessments. No requests for reapportionment of the existing assessments were received from the owners whose parcels were split. Therefore, city action is required in order to collect the fees and recoup the costs relative to the reapportionment of the assessments. The respective owners were notified on March 9, 1994 of the hearing and time when the costs and fees are to be paid to the city. If the costs are not paid, the costs would appear on the next regularly scheduled tax bill for the properties involved. Mayor Minor opened the hearing. Discussion ensued relative to the reapportionment of the existing assessments. RES. 94-90 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE AMENDED ASSESSMENTS AND DIRECTING ACTIONS WITH RESPECT THERETO. ASSESSMENT DISTRICT NO. 961-R. (24) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the protests, if any, be overruled, and that the hearing be closed. Council Member Oberhelman made a motion, seconded by council Member Hernandez, that the Mayor and Common Council find and determine that the public interest, convenience and necessity require the amended reassessment in Assessment District No. 961-R; and that said resolution be adopted. The motion carried, and Resolution No. 94-90 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. COUNCIL MEMBER CURLIN EXCUSED At 11: 13 a. m., Council Member Curlin left the Council meeting. PUBLIC HEARING - APPROVE SCHEDULE OF CHARGES FOR THE SALE OF MATERIALS AND SERVICES - CEMETERY DEPARTMENT (25) This is the time and place set for a public hearing to consider a resolution approving a schedule of charges for the sale of materials and services by the Cemetery Department. In a memorandum dated March 14, 1994, Dan Ustation, Cemetery Superintendent, stated that the proposed rate increase would generate an additional $45,000 in revenue. On February 28, 1994, the cemetery Department conducted a survey of burial fees and 17 4/4/94 services of privately owned and municipal cemeteries in the area. The current fees at other cemeteries for their least expensive interment are as follows: Mt. View $1,755.93; Montecito $1,755.93; Green Acres $1,772.48; Hillside $1,894.91; Hermosa $1,117.44; Rialto $968.11; and pioneer $1,262.05. Mayor Minor opened the hearing. RES. 94-91 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SCHEDULE OF CHARGES FOR THE SALE OF MATERIALS AND SERVICES BY THE CEMETERY COMMISSION OF SAID CITY; AND REPEALING RESOLUTION NO. 92-140 AND ALL SUBSEQUENT AMENDMENTS THERETO. (25) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the public hearing be closed. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 94-91 was adopted by the following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Devlin, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Curlin. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SUBSECTION E OF SECTION 8.90.050 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE OFFERING OF LONG TERM OR SHORT TERM LEASES BY THE OWNERS OR OPERATORS OF MOBILE HOME PARKS. (Discussed later in the meeting) (See page 37) First (27) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said ordinance be laid over for final adoption. (Note: There was no vote taken.) Clay Hage, President of the Western Mobilehome Association Inland Empire Branch, 21464 Marston Court, Moreno Valley, CA, expressed opposition because the language in the proposed ordinance was ambiguous. Deputy city Attorney Empeno stated that the City Attorney's Office has approved the ordinance. John Stubblefield, 2258 Bradford Avenue, Highland, CA, voiced concern relative to ambiguities in the proposed ordinance. Concern was expressed that the Spanish version of the disclosure notice to prospective mobile home park tenants contained errors and needed to be revised. 18 4/4/94 COUNCIL MEMBER CURLIN RETURNED At 11:23 a.m., Council Member Curlin returned to the Council meeting and took his place at the council table. It was the consensus of the Mayor and Council that the matter be continued to later in the meeting. MAINTENANCE PAINTING & CUSTODIAL SERVICES CITY FACILITIES - AUTHORIZATION TO ADVERTISE FOR BIDS (28) In a memorandum dated March 24, 1994, Fred Wilson, Assistant City Administrator, stated that as part of the FY 93/94 budget review, a number of options were presented to the Mayor and Council relative to balancing the budget. One of those options involved exploring the issue of privatization of City services where competitive markets exist. This recommendation was made with the understanding that privatization would be accomplished through attrition and would not involve layoffs. pilot projects currently underway include park maintenance services, tree trimming services, water treatment and filter replacement maintenance services for the heating and air conditioning equipment at various City locations. The next pilot programs recommended for privatization are maintenance painting and custodial services for City buildings. Maintenance painting was selected for privatization because there is a competitive market, the City has successfully used contract maintenance services in this area in the past, and there is a vacant Maintenance Painter position which is budgeted at an annual cost of $32,000 annually. It is estimated that maintenance painting could be contracted at an annual cost of approximately $28,800. Custodial services were selected for privatization because the City has used part-time custodians in the past to accomplish this work, there are a number of vacancies in part-time custodians that would cover the cost of the contract. It is estimated that custodial services could be contracted at an annual cost of approximately $29,000, which compares to an annual cost of approximately $34,000 to hire part-time custodians. Since these contracts are for pilot projects, they would be monitored for contract compliance, and an evaluation would be made at the end of the contract period. Council Member Miller made a motion, seconded by Council Member Devlin, that the PurChasing Agent be authorized to advertise for bids for maintenance painting services for all City facilities and for custodial services at nine City buildings; and that the city Administrator be authorized to transfer funding in the amount equal to the recommended low bid for maintenance painting services at all City facilities and custodial services for nine City buildings from Facilities Maintenance regular salaries to contractual services. (Note: There was no vote taken.) 19 4/4/94 Fred Wilson, Assistant City Administrator, answered questions regarding the proposed painting and custodial services. Discussion was held relative to privatization of maintenance and custodial services and whether the Davis Bacon Act would apply. council Member Oberhelman made a substitute motion, seconded by Council Member Curlin, and unanimously carried, that the matter be continued to April 18, 1994, in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. WAIVE FEES - $15,503 - CINCO DE MAYO CELEBRATION - MAY 6 - 8, 1994 - INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE - DISCUSSED LATER IN THE MEETING - SEE PAGES 34 & 36 (29) In a memorandum dated March 28, 1994, Shauna Clark, City Administrator, stated that the Inland Empire Hispanic Chamber of Commerce is requesting a waiver of fees for all personnel, labor and equipment costs associated with their Cinco de Mayo celebration scheduled for May 6 to 8, 1994. The approximate cost is $15,503. Through a policy approved years ago, the Council delegated the review of civic and promotion funding requests to the Ways and Means Committee. On December 8, 1993, the committee reviewed all requests for funding, granting some but suspending their decision on the application from the Inland Empire Hispanic Chamber of Commerce for its Cinco de Mayo celebration pending receipt of an accounting of funding approved the previous fiscal year for the Miss Hispanic San Bernardino Pageant. On March 9, 1994, the Ways and Means Committee recommended denial of the Chamber's request for $5,000 for direct costs and an additional $15,503 in city services for its cinco de Mayo celebration. The denial was based on the Chamber's failure to meet a 30 day time frame to account for pageant funding, despite an agreement signed by the Chamber as security for the funding; and despite several follow-up letters which indicated that failure to account for funding would jeopardize any future funding requests. Subsequent to the denial by the Ways and Means committee, the Inland Empire Hispanic Chamber of Commerce submitted a letter to account for the 1993 funding, but did not include any receipts or canceled checks. In a letter dated March 16, 1994, Alfredo Enciso, Treasurer, Fiesta Chairperson, Inland Empire Hispanic Chamber of Commerce, P. O. Box 7300, San Bernardino, CA, requested the use of Plaza Park to celebrate cinco de Mayo Fiesta on May 7 & 8th, 1994. The request includes the sale of beer, closure of 7th Street between Mt. Vernon and the alley in back of the shopping center at the north side of the park, 20 tables, 20 trash cans, a large roll off trash unit, and a waiver of fees. 20 4/4/94 In a letter dated March 18, 1994, John Olivas, president, Inland Empire Hispanic Chamber of Commerce, P. O. Box 7300, San Bernardino, CA, requested that the Mayor and Council reconsider their request for funds for the Cinco de Mayo and 16th of September events, and explained the events surrounding the late response to the City's request for an accounting of past civic and promotional funds. Discussion ensued relative to available civic and promotional funds. city Administrator Shauna Clark provided background information, and recommended that the Mayor and Council deny the request for funds. Alfredo Enciso, Inland Empire Hispanic Chamber of Commerce, 578 N. Herrington, San Bernardino, CA, answered questions relative to the accountability of funds for the Cinco de Mayo event held in May, 1993. MAYOR MINOR EXCUSED At 11:56 a.m., Mayor Minor left the Council meeting and the duties of Mayor were assumed by Mayor Pro Tem Oberhelman. COUNCIL MEMBER CURLIN EXCUSED At 11:58 a.m., Council Member Curlin left the Council meeting. Council Member Hernandez made a motion, seconded by Council Member Negrete, that the matter be continued to later in the meeting. The motion carried by the following vote: Ayes: Council Members Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Abstain: Council Member Negrete. Absent: Council Member Curlin. RECESS MEETING At 12:00 p.m., the regular meeting of the Mayor and Common Council recessed to a luncheon workshop, city Hall Annex, Economic Development Agency Board Room, to discuss recommendations from the city Tobacco 'Education Task Force relative to the City's non- smoking ordinance. RECONVENE MEETING At 12:28 p.m., Council Member Curlin called the luncheon workshop to order in the Economic Development Agency Board Room, city Hall Annex, 201 North "E" street, San Bernardino, California. 21 4/4/94 ROLL CALL Roll call was taken by city Clerk Rachel Clark with the following being present: Mayor Pro Tem Pope-Ludlam; Council Members Negrete, Curlin, Pope-Ludlam; Deputy city Attorney Empeno, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Mayor Minor; Council Members Hernandez, Oberhelman, Devlin, Miller. Also present: Fred Wilson, Assistant city Administrator. ANNOUNCEMENT BY MAYOR PRO TEM POPE-LUDLAM - LACK OF A QUORUM Mayor Pro Tem Pope-Ludlam announced that due to the lack of a quorum, the luncheon workshop would proceed informally for discussion purposes only. CITY TOBACCO EDUCATION TASK FORCE - CITY'S NON-SMOKING ORDINANCE (32) Council Member Curlin introduced the following members of the San Bernardino city Tobacco Control Ordinance Task Force: Salvatore Catalano, Dan Stark, Dr. Elizabeth Klonoff, Abigail Ryan, Sam Cox, Carolyn Williams, Tony Trozera, Timothy Prince, and Dr. James Cheeley. The following documentation was distributed during the luncheon workshop: The Effect of Ordinances Requiring Smokefree Restaurants on Restaurant Sales, January 1994 Update, prepared by Stanton A. Glantz, PhD, and Lisa R. A. Smith, BA, Institute for Health Policy Studies, Department of Medicine, University of California, San Francisco, San Francisco, CA; and San Bernardino Ordinance Task Force Proposed Changes to Existing Ordinance. Dr. Fred Edwards, San Bernardino County Public Health Department, provided statistical data relative to San Bernardino County residents who use tobacco products and described the health related problems attributed to smoking. Tim Prince, member of the San Bernardino Tobacco Education Task Force, explained the proposed changes to the City's existing non-smoking ordinance. COUNCIL MEMBER NEGRETE EXCUSED At 1:04 p.m., Council Member Negrete left the luncheon workshop. There was no action taken during the luncheon workshop. RECESS LUNCHEON WORKSHOP At 1:42 p.m., the luncheon workshop recessed to 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 22 4/4/94 RECONVENE MEETING At 2:02 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Deputy City Attorney Empeno, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. APPEAL - PLANNING COMMISSION'S APPROVAL - TENTATIVE TRACT NO. 15494 & CONDITIONAL USE PERMIT NO. 92-34 - PROPOSAL TO SUBDIVIDE 10.4 ACRES INTO EIGHT LOTS & CONSTRUCT SEVEN SINGLE-FAMILY RESIDENCES - EASTERLY SIDE OF GRANDE VISTA AVENUE, SOUTH OF EDGEMONT DRIVE - CONTINUED FROM JANUARY 24, 1994 (33) This is the time and place continued to for an appeal of the Planning Commission's approval of Tentative Tract No. 15494 and Conditional Use Permit No. 92-34, a proposal to subdivide 10.4 acres into eight lots and to construct seven single-family dwelling units on seven of the eight lots located on the easterly side of Grande vista Avenue, 300 feet south of Edgemont Drive. In a memorandum dated March 29, 1994, Al Boughey, Director of Planning & Building Services, stated that the applicant has been working with adjacent property owners who wish to maintain rear access to their properties which front on Marshall Boulevard. The applicant would provide a 16 foot easement to the property owner of the parcels located east of and adjacent to Lot 8. Because the 16 foot access easement would be separated from the proposed dwelling unit by only 4 feet, staff has stipulated that a six foot block wall be constructed as a protective measure. The six foot block wall would be placed 15 feet north of the southern property line for Lot 8, within the easement. The shifting of the dwelling unit footprints resulted in an encroachment into the 50 foot "wet zone" required by the Foothill Fire Zones Overlay District. In return for the 16 foot access easement, the adjacent property owner to the east has agreed to provide a 25 foot easement to the project proponent for use as part of the required "wet zone". The 25 foot wide easement is proposed to be located parallel and adjacent to the east property line for Lots 6 through 8. The Planning Commission approved the mitigated negative declaration and approved the mitigation monitoring/reporting program; and approved Tentative Tract No. 15494 and Conditional Use Permit No. 92-34 subject to the conditions of approval, and standard requirements. Mayor Minor opened the hearing. 23 4/4/94 Al Boughey, Director of Planning and Building Services, provided background information, and recommended that the Planning Commission's recommendations be upheld. Roy Bowman, 1204 West Marshall, San Bernardino, CA, spoke in favor of the project. Don Sheets, 1164 West Marshall Boulevard, San Bernardino, CA, expressed opposition to the project, and submitted a letter to the City Clerk stating his opposition. Warner Hodgdon, P.O. Box 2146, Arrowhead Springs, San Bernardino, CA, stated that he acquired the property when he was twenty-three years old. According to Mr. Hodgdon the parcel has been lying dormant for many years and expressed concern over possible inundation in very bad weather. Jeff Wright, P. O. Box 2341, San Bernardino, objection to the proposed project, and stated that unsuitable for such a project. CA, voiced the land is Julius George, 1180 West Marshall Boulevard, San Bernardino, CA, expressed concern relative to the fires and floods that have occurred in this area. Planning Director Boughey explained that the Fire Department has been involved in the Development Review Committee process and potential threats to fire in the area have been mitigated. Discussion was held relative to hillside development. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the hearing be closed; and that the Mayor and Common Council uphold the Planning Commission's decision to adopt the mitigated negative declaration and approve the mitigation monitoring/reporting program, and approve Tentative Tract No. 15494 and Conditional Use Permit No. 92-34, based on the findings of fact and subject to the conditions of approval, ,added condi tions of approval and standard requirements. PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 93-11 - REVISE WALL SIGN STANDARDS FOR SINGLE & MULTI-TENANT CENTERS - CITYWIDE (34) This is the time and place set for a public hearing to consider Development Code Amendment No. 93-11 to revise wall sign standards in the CG, Commercial General, CR, Commercial Regional, and CH, Commercial Heavy land use designations. In a memorandum dated March 17, 1994, Al Boughey, Director of Planning and Building services, stated that Development Code 24 4/4/94 Amendment No. 93-11 would add provisions to address tenant spaces of 15,000 square feet or larger, wi th a minimum tenant space building frontage of 100 linear feet. The change would allow a sign area calculation for a business identification wall sign to be 75% of the linear footage, allow up to four informational signs calculated as part of the total sign area, and increases the number of business identification wall signs a tenant is allowed from two to three in a multi-tenant center citywide. Concerns have been raised regarding the limitations of signage for large, anchor tenants, and about restricting pad tenants, stand alone buildings, in a multi-tenant center to a maximum of two wall signs. Development Code Amendment No. 93-11 is consistent with the General Plan to allow for consideration of signs of visually distinctive design and merit which may differ from prescribed limits of size, materials, and other characteristics, provided that they are integrated with the building and site, do not adversely impact adjacent uses, and are not intended solely to increase sign size. The Planning commission recommended approval of Development Code Amendment No. 93-11 based on the findings of facts. Mayor Minor opened the hearing. Al Boughey, Director of Planning and Building Services, presented background information, and explained the signage needs for large tenants in commercial centers. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.22, SECTION 19.22.030, TABLE 022.01(C) (1), AND TABLE 022.01(C) (3) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) PERTAINING TO SIGN REGULATIONS. First (34) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the hearing be closed. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that said ordinance be laid over for final adoption. PUBLIC HEARING - DEVELOPMENT CODE AMEND PROVISIONS PERTAINING TO STUBBLEFIELD CONSTRUCTION COMPANY AMENDMENT NO. 93-05 - SECONDARY ACCESS (35) This is the time and place set for a public hearing to consider Development Code Amendment No. 93-05, a request to amend the provisions pertaining to secondary access. In a memorandum dated March 17, 1994, Al Boughey, Director of Planning & Building Services, stated that the applicant, Stubblefield Construction Company, has requested that the city 25 4/4/94 amend the Development Code's sUbdivision regulations to include provisions that would exempt certain new subdivisions from the requirement to provide two standard access routes. staff has drafted Development Code Amendment No. 93-05 to revise sections 19.30.200(6) and 19.72.030 to set a criteria that could be used by the City to consider the approval of subdivisions which cannot feasibly provide two standard access routes. The criteria of the proposed amendment would evaluate whether a tentative map could be exempt from providing two standard means of access, if the Fire Chief, Planning Director and City Engineer find that there is no feasible alternative to providing two standard access routes; a second standard access route is not necessary to ensure orderly circulation; a second such route is not essential for the protection of the public health, safety and welfare in the event of a flood, fire or other emergency; if a tentative map is located within a Foothill Fire Zone, and the necessary findings can be made the map must provide nonstandard secondary access to accommodate emergency vehicles in accordance with the minimum width and load requirements of Article 10 of the Uniform Fire Code; a nonstandard access route is an access road that does not meet one or both of the criteria stated; all habitable structures subsequently built shall be provided with interior automatic sprinklers; and upon the recommendation of the Planning Commission, the Mayor and Council shall approve or deny the request for the exemption. On August 26, 1993, the Environmental Review Committee reviewed the Initial study and recommended a negative declaration. The Planning commission, at its meeting of February 8, 1994, recommended adoption of Development Code Amendment No. 93-05. Mayor Minor opened the hearing. Warner Hodgdon, Heart Bar Ranch, Arrowhead Springs, P.O. Box 2146, San Bernardino, CA, submitted to the City Clerk letters dated February 8, 18, and 20, 1994 and April 4, 1994; and a Report regarding the city Creek Scenic Highway Improvements. He expressed opposition to permitting substandard infrastructure to be built at this location. Al Boughey, Director of Planning & Building services, provided background information, and explained that the proposed ordinance includes provisions that would exempt subdivisions with unique access constraints from the requirement to provide two standard routes of ingress and egress and would allow the applicant to apply for a variance. Jeff Wright, P. O. Box 2341, San Bernardino, CA, voiced opposition to Development Code Amendment No. 93-05. 26 4/4/94 Mark Ostoich, Gresham, varner, savage, Nolan & Tilden, 600 North Arrowhead, suite #200, San Bernardino, CA, spoke in support of the amended provisions pertaining to secondary access. James Dunn, 28695 Arroyo Vista, Highland, CA, expressed opposition to Development Code Amendment No. 93-05. Tom Dodson, Tom Dodson & Associates, 444 North Arrowhead Avenue, Suite #203, San Bernardino, CA 92401, stated that he was instrumental in assisting staff with preparing the environmental impact reports and related documentation. Deputy city Attorney Empeno stated that the proposed amendment to the Development Code has been approved as to legal form and content. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 19.30.200 (6) AND 19.72.030 OF THE SAN BERNARDINO MUNICIPAL CODE ("DEVELOPMENT CODE") TO INCLUDE PROVISIONS FOR THE EXEMPTION OF NEW SUBDIVISIONS WITH UNIQUE ACCESS CONSTRAINTS FROM THE REQUIREMENT TO PROVIDE TWO (2) STANDARD ROUTES OF INGRESS AND EGRESS. First (35) Council Member Pope-Ludlam made, a motion, seconded by Council Member Curlin, and unanimously carried, that the hearing be closed. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, that the Mayor and Common Council adopt the negative declaration; and that said ordinance, which adopts and approves Development Code Amendment No. 93-05, be laid over for final adoption. Discussion ensued relative to public safety issues and full- standards versus substandard routes of access. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Pope-Ludlam, Miller. Council Members Oberhelman, Devlin. Absent: None. Council Nays: PUBLIC HEARING DEVELOPMENT AGREEMENT NO. 93-01 & VARIANCE NO. 93-07 - EAST SIDE OF STATE ROUTE 330, NORTH OF HIGHLAND AVENUE - STUBBLEFIELD ACCESS AGREEMENT (36) This is the time and place set for a public hearing to consider Development Agreement No. 93-01 and Variance No. 93-07, on approximately 20 acres located on the east side of State Route 330, approximately 1,300 feet north of Highland Avenue, in the RS, Residential Suburban, land use designation. In a memorandum dated March 17, 1994, Al Boughey, Director of Planning and Building Services, stated that the applicant, Stubblefield Construction Company, requested that an agreement be 27 4/4/94 entered into, between the city and stubblefield Construction Company, to establish and vest the ownership, use and maintenance responsibilities of a primary access road, a non-standard secondary access route, and the use of a pipe arch culvert as an emergency access route and equestrian trail. The proposed development agreement describes the improvements that the developer would be obligated to complete at the time the property is developed. The developer would be required to improve the east frontage road to a paved width of 32 feet and install curbs, gutters and street lights and other customary improvements in accordance with City street improvement standards; grade the secondary access road to a width of 20 feet with proper drainage, and install an all-weather surfacing of slag or an asphaltic base; and grade the bank at the westerly terminus of the pipe arch culvert to improve the turning radius for westbound vehicles. At its meeting of February 8, 1994, the Planning Commission recommended approval of Variance No. 93-07 and Development Agreement No. 93-01. Mayor Minor opened the hearing. Al Boughey, Director of Planning and Building Services, presented background information. Deputy City Attorney Empeno explained why the City Attorney's Office did not approve proposed Development Agreement No. 93-01. Discussion ensued relative to the terms of the agreement and the proposal to automatically extend the terms of the agreement to a date which is 99 years after the date of the recordation of the parcel map or subdivision map. Jeff Wright, P. O. Box 2341, San Bernardino, CA, voiced objection to the terms of the agreement. Council Member Curlin made a motion, that the matter be continued for 30 days. The motion failed for lack of a second. Mark Ostoich, Gresham, Varner, savage, Nolan & Tilden, 600 North Arrowhead Avenue, suite #300, San Bernardino, CA, answered questions relative to the land use designation, the vested rights of property owners for use of the road, and the terms for extending the development after the recording the parcel or subdivision map. city Administrator Shauna Clark spoke relative to alleged illegal grading on the Stubblefield property. Mr. Hodgdon answered questions regarding the cost to install an underpass at Route 330. 28 4/4/94 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF DEVELOPMENT AGREEMENT NO. 93-01. (36) Council Member Hernandez made a motion, seconded by Council Member Negrete, that the matter be continued to May 2, 1994, in the Council Chambers of City Hall, 300 North liD" Street, San Bernardino, California. Council Member Negrete withdrew his second. The motion failed for lack of a second. Council Member Hernandez made a motion, seconded by Council Member Negrete, and unanimously carried, that the matter be continued to May 2, 1994, in the Council Chambers of City Hall, 300 North liD" Street, San Bernardino, California. RECESS MEETING At 4:10 p.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 4:18 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council 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, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Curlin. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 4:18 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. FY 1994/95 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING CYCLE (CDBG) (R-6) In a memorandum dated March 30, 1994, Kenneth J. Henderson, Executive Director, Development Department, Economic Development Agency, stated that on March 7, 1994, the Mayor and Common Council approved the Community Development Block Grant (CDBG) Program Mix as recommended by the Community Development citizen Advisory Committee and authorized staff to solicit proposals. The program objectives have been developed in an effort to maximize the use of Communi ty Development Block Grant (CDBG) funds. The program objectives, when appropriate, encourage the utilization of CDBG funds to carry out capital improvements and infrastructure projects in redevelopment project areas, which are categorized by blight, including inadequate public facilities and infrastructure; 29 4/4/94 encourage the development of proposals which complement existing and future projects for maximum benefit to the community; fund public service activities which would result in an increased level of service for an organization; and encourage community based organizations to develop joint projects which consolidate activities and maximize community resources. During the proposal solicitation period commencing February 8, 1994 and ending on March 22, 1994, 110 proposals requesting CDBG assistance were received. The Community Development Citizen Advisory committee, over the next several weeks, would conduct meetings evaluating the applications received, and a hearing is scheduled for the first Council meeting in May. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Mayor and Common Council receive and file the staff report dated March 30, 1994, submitted in connection with the FY 94/95 CDBG Funding Cycle. LOCAL BID PREFERENCE (R-12) In a memorandum dated March 30, 1994, Kenneth J. Henderson, Executive Director, Development Department, Economic Development Agency, stated that on February 21, 1994, the Mayor and Common Council and the Community Development Commission considered the matter, but took no action at that time. On January 10, 1994, the Mayor and Common Council directed city staff to analyze two draft ordinances that provided a local preference and resulting financial advantage for local bidders competing for city contracts regarding the purchase of supplies, materials, equipment, services and public works projects. city staff prepared an analysis outlining its conclusion. The City has determined that the two draft ordinances would be ill advised and unworkable because of the difficulty in administering the ordinance; an inability to monitor or verify compliance; the high probability of legal barriers to impose a local preference on public works projects because the state of California is the source of such projects; unreliability of vendor self-certifications as being local businesses; unrealistic, six and eight percent, local bidder preference; a conflicting responsibility to the public to seek the lowest responsible bid and be fiscally prudent and a potential backlash from other cities that could trigger similar local bidder preferences which would freeze out San Bernardino merchants and ultimately lower the City's sales taxes. Staff has determined that if the Mayor and council desires to adopt a local preference ordinance that it be for a one percent (1%) local preference, exclusive of pUblic works projects, and limited to the purchase of materials, supplies and equipment as has occurred in other cities. 30 4/4/94 In a memorandum dated March 22, 1994, Council Member Hernandez requested a reconsideration of the proposed local bid preference item due to the absence of one of the Council/Commission members. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS 3.04.125, 3.04.130, 12.20.040 AND 12.20.050 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO A PREFERENCE FOR LOCAL BIDDERS ON CITY PURCHASES OF SUPPLIES, MATERIALS, EQUIPMENT AND SERVICES AND FOR PUBLIC PROJECTS. (Downtown Business Association Draft) First (R-12) AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS 3.04.125 AND 12.20.040 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO AN EIGHT PERCENT (8%) PREFERENCE FOR LOCAL BIDDERS ON CITY PURCHASES OF SUPPLIES, MATERIALS, EQUIPMENT AND SERVICES AND FOR PUBLIC PROJECTS. (Mayor'S Draft) First (R-12) Council Member Hernandez made a motion, that a one-percent (1%) local preference be implemented for local bidders on City purchases of supplies, materials, equipment and services, including capital improvement projects. The motion failed for lack of a second. Discussion ensued relative to a one-percent local bid preference on public works projects. Fred Wilson, Assistant City Administrator, requested that the matter be continued to allow staff an opportunity to review public works projects being included in the one-percent local bid preference. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that the Mayor and Common Council and Community Development commission approve a one-percent (1%) local bid preference on materials, equipment and supplies and direct staff to prepare the necessary documents. The motion carried by the following vote: Ayes: Members Negrete, Oberhelman, Devlin, Pope-Ludlam, Miller. Council Member Hernandez. Absent: Council Member Curlin. Council Nays: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF UNDERTAKING A CERTAIN PUBLIC IMPROVEMENT PROJECT FOR THE MT. VERNON CORRIDOR REDEVELOPMENT PROJECT AREA (SAN MARCOS STREET IMPROVEMENT PROJECT). (R-14) Discussion ensued relative to the proposed San Marcos Street improvement project. 31 4/4/94 Tim Sabo, Sabo & Green, special counsel to the Economic Development Agency, 6320 Canoga Avenue, suite 400, Woodland Hills, CA, answered questions relative to financing the proposed San Marcos Street improvement project and whether findings could be made to support development of affordable single-family detached homes. senior Assistant City Attorney Barlow answered questions regarding abandonment of the street. Timothy Steinhaus, Agency Administrator, Economic Development Agency, indicated that according to Roger Hardgrave, Director of Public Works/city Engineer, the street was vacated ten years ago. Concern was expressed that the developer pay for the proposed street improvements. regarding the zoning of the property. should be required to Discussion ensued Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that the matter be continued to April 18, 1994, in the Council Chambers of City Hall, 300 North liD" Street, San Bernardino, California. The motion carried by the following vote: Ayes: Members Negrete, Hernandez, DeVlin, Pope-Ludlam, Miller. Council Member Oberhelman. Absent: Council Member Curlin. council Nays: COUNCIL MEMBER OBERHELMAN EXCUSED At 5:50 p.m., Council Member Oberhelman left the Council meeting. RAMONA SENIOR HOUSING COMPLEX (RS-i) In a memorandum dated March 31, 1994, Timothy Sabo, Sabo & Green, special counsel to the Economic Development Agency, 6320 Canoga Avenue, suite 400, Woodland Hills, CA, stated that in August of 1991, the Community Development Commission approved in concept the construction financing of the Ramona Senior Complex Project consisting of 44 units of senior citizen housing. The Commission authorized a construction loan in the amount of $2,326,215 to be repaid in part with a California Housing Finance Agency (CHFA) tax exempt financing in the amount of $1,720,000 as the permanent financing for the project. The Commission additionally committed to provide secondary financing of $490,030 at 3% interest rate for 10 years. As a result of Changing market conditions in the rental rates since the project was initially approved and because of the unforeseen project cost overruns, it was not practical to attempt to utilize any form of CHFA tax exempt financing. Ramona Senior Complex reviewed the financing options available and determined in approximately October of 1993, that they would obtain tax credit 32 4/4/94 financing through a grant of low-income housing tax credits from the California Tax Credit Allocation Committee. The initial application to the Tax Credit Allocation Committee was not considered by the Committee staff as a completed application. Ramona Senior Complex subsequently decided to submit another application to the Tax Credit Allocation Committee by the April 15, 1994 deadline. Three consultants were retained by Ramona Senior Complex with funds provided by the Economic Development Agency for each contract. The Tax Credit Allocation Committee required a 55- year Regulatory Agreement to maintain the affordability of the units for lower income tenants. The income and rental limitations imposed by the Tax Credit Allocation Committee are more restrictive than those imposed by either the Commission for the use of its low and moderate income housing funds or by the County for the use of its grant funds. Consequently, included for Mayor and Council action is a Grant Agreement between Ramona Senior Complex, the County and the City of San Bernardino whereby the County would deposit $300,000 to the city for administration purposes, and ultimate granting to Ramona Senior Complex for housing purposes. Monies available pursuant to the Grant Agreement would be monitored by the City for compliance with indemnification provisions by Ramona Senior Complex in favor of the City and County with a further indemnification by the City in favor of the County. The use of the low income housing tax credits is the only viable financing method that would allow the Commission to have some prospect of reducing its $490,030 loan and eventually having it paid in full. Tim Sabo, Sabo & Green, special counsel to the Economic Development Agency, 6320 Canoga Avenue, suite 400, Woodland Hills, CA, answered questions relative to the Casa Ramona loan and the Ramona Senior Complex funding agreement. Council Member Miller made a motion, seconded by Council Member pope-Ludlam, that the Mayor and Common Council approve a Grant Agreement between Ramona Senior Complex, the County and the City of San Bernardino for $300,000. The motion carried by the following vote: Members Negrete, Hernandez, Pope-Ludlam, Miller. Member Devlin. Absent: Council Members Curlin, Ayes: Council Nays: Council Oberhelman. RECESS MEETING At 6:12 p.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 6:18 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council in the Council Chambers of city Hall, 300 North "D" street, San Bernardino, California. 33 4/4/94 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Hernandez, Devlin, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Curlin, Oberhelman. WAIVE FEES - $15,503 - CINCO DE MAYO CELEBRATION - MAY 6 THROUGH 8, 1994 - INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE - DISCUSSED EARLIER & LATER IN THE MEETING - SEE PAGES 20 & 36 (29) This is the time and place continued to from earlier in the meeting to consider a waiver of fees in the amount of $15,503 for the Cinco de Mayo Celebration to be held May 6 through 8, 1994, as requested by the Inland Empire Hispanic Chamber of Commerce. City Administrator Shauna Clark stated that she had received a request from M.E.C.H.A. seeking funding assistance from the City for their second annual Cinco de Mayo Car Show to be held on May 7, 1994. She explained that their request was not on the Council's agenda, but could possibly be heard in conjunction with the Inland Empire Hispanic Chamber of Commerce funding request. Hector Luna, 1255 W. Reece Street, San Bernardino, CA, voiced support of M.E.C.H.A.'s funding request for the Cinco de Mayo Car Show. Mario Porras, 3716 North Osbun Road, San Bernardino, CA, requested that the Mayor and Council approve the Hispanic Chamber's funding request. Alfredo Enciso, Pro Treasurer, Inland Empire Hispanic Chamber of commerce, 578 Herrington, San Bernardino, CA, stated that he has spoken with the Police Department and has received approval to sell beer at the Cinco de Mayo celebration. He also stated that he is still waiting on documentation from the former president relative to the accounting of funds. Council Member Hernandez made a motion, seconded by Council Member Negrete, that the Mayor and Common Council fund $5,000 in direct costs and $15,503 be used to pay off in-kind services with the condition that Mr. Enciso provide canceled checks to the City Administrator for the event held last year. (Note: There was no vote taken.) Discussion was held relative to referring the matter to the ways and Means Committee. 34 4/4/94 council Member Pope-Ludlam made a substitute motion, seconded by Council Member Miller, that the matter be referred to the Ways and Means Committee; that all documentation be brought to the Ways and Means Committee and city Administrator; and that the item be continued to April 18, 1994, in the Council Chambers of city Hall, 300 North "D" street, San Bernardino, California. The motion failed by the following vote: Ayes: Council Members Devlin, Pope-Ludlam, Miller. Nays: Council Members Negrete, Hernandez. Absent: Council Members Curlin, Oberhelman. Mr. Porras answered questions relative to the financial problems of the Inland Empire Hispanic Chamber of Commerce. Council Member Hernandez made a motion, seconded by Council Member Negrete, that the Mayor and Common Council fund $5,000 in direct costs and $15,503 be used to payoff in-kind services with the condition that Mr. Enciso provide canceled checks to the City Administrator for the event held last year. The motion Members Negrete, Devlin, Miller. failed by the following Hernandez, Pope-Ludlam. Absent: Council Members vote: Nays: Curlin, Ayes: Council Council Members Oberhelman. There was no further action taken on this item at this time. FUNDING REQUEST - $5,985 - CINCO DE MAYO CAR SHOW - MAY 7, 1994 - M.E.C.H.A (New Business 1) Council Member Hernandez made a motion, seconded by Council Member Devlin, and unanimously carried, that the need to take action arose after the posting of the agenda. In a letter dated March 26, 1994, Froilan Mercado, President, M.E.C.H.A., California State University San Bernardino, 5500 University Parkway, San Bernardino, CA, requested funding assistance in the amount of $5,985 for the second annual Cinco de Mayo Car Show to be held on Saturday, May 7, 1994. The event will take place at the California State University campus, and would be free to the public. The event would not be a liability to the City, no alcohol would be served, and no city services would be requested. Hector Luna, 1255 W. Reece Street, San Bernardino, CA, spoke in support of the M.E.C.H.A. Cinco de Mayo Car Show. Concern was expressed that the Cinco de Mayo Car Show should be held in the downtown area. Froilan Mercado, M.E.C.H.A. President, California State University San Bernardino, 5500 University Parkway, San Bernardino, CA, spoke of the positive aspects of rap music and the Hispanic 35 4/4/94 culture. He stated that last year California state University San Bernardino provided funding assistance in the amount of $300. Mark Villalobos, explained the events celebration. 356 West Magnolia, being planned for San the Bernardino, Cinco de CA, Mayo Council Member Devlin made a motion, seconded by Member Miller, that the City match funds in the amount of allocated by California State University San Bernardino; M.E.C.H.A. be invited to come back next year and application. (Note: There was no vote taken.) Council $300 as and that file an Refugio salazar, a student at California State University San Bernardino, 5500 University Parkway, San Bernardino, CA, voiced support of the Cinco de Mayo Car Show to be held Saturday, May 7, 1994. Jim Yracheta, representative of San Bernardino Valley College, 701 South Mount Vernon Avenue, San Bernardino, CA, requested that the Mayor and Council support M.E.C.H.A. Tony Herrera, a student at Riverside Community College, voiced support of M.E.C.H.A. AIda Salazar, a resident of San Bernardino, stated that the funds would help provide prizes for the car show. Council Member Hernandez made a substitute motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the matter be referred to the Ways and Means Committee. RECESS MEETING At 7:04 p.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 7:15 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, california. ROLL CALL Roll call was taken by Deputy City Clerk Jones with the following being present: Mayor Minor; Council Members Negrete, Hernandez, Devlin, Pope-Ludlam, Miller; Deputy city Attorney Roth, Deputy City Clerk Jones, city Administrator Shauna Clark. Absent: Council Members Curlin, Oberhelman. RECONSIDER - WAIVER OF FEES - $15,503 CELEBRATION - MAY 6 THROUGH 8, 1994 - HISPANIC CHAMBER OF COMMERCE - DISCUSSED MEETING - SEE PAGES 20 & 34 CINCO DE MAYO INLAND EMPIRE EARLIER IN THE (29) 36 4/4/94 This is the time and place to reconsider previous Council action relative to the request for waiver of fees for the cinco de Mayo celebration, as requested by the Inland Empire Hispanic Chamber of Commerce. Council Member Negrete made a motion, Member Hernandez, and unanimously carried, Common Council reconsider previous Council matter to the Ways and Means Committee. seconded by Council that the Mayor and action to refer the Discussion was held relative to the Inland Empire Hispanic Chamber of Commerce providing canceled checks to support expenditures made for the Cinco de Mayo celebration held last year. Council Member Negrete made a motion, Member Hernandez, and unanimously carried, referred to the Ways and Means Committee provide all canceled checks. seconded by Council that the matter be and that Mr. Enciso AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SUBSECTION 3 OF SECTION 8.90.050 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE OFFERING OF LoNG TERM OR SHORT TERM LEASES BY THE OWNERS OR OPERATORS OF MOBILE HOME PARKS. (Discussed earlier in the meeting) (See page 18) First (27) Council Member Hernandez made a motion, seconded by Council Member Negrete, and unanimously carried, that said ordinance be laid over for final adoption. CITY CLERK RACHEL CLARK RETURNED City Clerk Rachel Clark returned to the Council meeting. CITY ATTORNEY AUDIT - IMPLEMENTATION PLAN - PERSONNEL COMMITTEE (30) In a memorandum dated March 24, 1994, Council Member Hernandez, Chairman of the Personnel Committee, provided a copy of the city Attorney's Audit Implementation Schedule for use of outside counsel, vendor selection, financial controls for outside counsel services and litigation expenses, staffing and personnel management, information systems and office automation, office of the City Attorney cost recovery, and cost effectiveness of outside counsel. Council Member Negrete made a motion, seconded by Council Member Hernandez, and unanimously carried, that the matter be continued to April 18, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 37 4/4/94 WAIVE STREET BANNER FEE - $200 - LOVE OF LIFE TELETHON - MAY 7, 1994 - ST. BERNARDINE'S MEDICAL CENTER (31) In a memorandum dated March 28, 1994, Shauna Clark, City Administrator, transmitted a letter from Roneale K. Branning, Development Coordinator, st. Bernardine Medical Center Foundation, 489 East 21st Street, San Bernardino, CA, requesting a waiver of street banner fees in the amount of $200 for the Love of Life Telethon to be held on May 7, 1994. Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that the request of st. Bernardino's Medical Center for a waiver of the street banner fee of $200 for their Love of Life Telethon, May 7, 1994, be approved. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.39.080(A) RELATING TO THE COMPLAINT RESOLUTION PROCESS. First (S-l) Council Member Miller made a motion, seconded by Council Member Devlin, and unanimously carried, that the matter be referred to the Legislative Review Committee. WAIVE FEES - $50 - EASTER SEAL BENEFIT - APRIL 9, 1994 - DALE'S MODERN CYCLE (S-3) In a memorandum dated March 30, 1994, Shauna Clark, City Administrator, transmitted a letter dated March 29, 1994, from Dwane B. Cannady, Dale's Modern cycle, 225 East Baseline, San Bernardino, CA, requesting a waiver of fees in the amount of $50 for barricades in connection with the Easter Seal Benefit to be held April 9, 1994. Council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that the request for a waiver of fees in the amount of $50 for barricades in connection with Dale's Modern Cycle Easter Seal Benefit scheduled for April 9, 1994, be approved. DIRECT PREPARATION OF RESOLUTION OPPOSING MOBILE HOME RENT INITIATIVE (S-4) In a Hernandez, resolution memorandum dated March 30, 1994, council Member requested that the Mayor and Council prepare a opposing the proposed mobile home rent initiative. Clay Hage, President, Inland Empire Branch Western Mobilehome Association, 21464 Marston Court, Moreno Valley, CA, voiced objection to the City preparing a resolution opposing the mobile home rent initiative. 38 4/4/94 council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Council of the city of San Bernardino pass a resolution opposing the proposed mobile home rent initiative which is being circulated by some park owners. ADJOURNMENT At 7:25 p.m., the meeting was adjourned. The meeting is scheduled for 8:00 a.m., Monday, April 18, Council Chambers of City Hall, 300 North liD" Bernardino, California. next regular 1994, in the street, San RACHEL CLARK City Clerk {>e:.k.L ~ No. of Hours: 11 No. of Items: 59 39 4/4/94