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HomeMy WebLinkAbout04-18-1994 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING APRIL 18, 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 8:05 a.m., Monday, April 18, 1994, in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Jones with the fOllowing being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Devlin, Pope-Ludlam, Miller; Senior Assistant City Attorney Morillo, Deputy City Clerk Jones, City Administrator Shauna Clark. Absent: Council Member Oberhelman. RECESS MEETING - CLOSED SESSION At 8:05 a.m., the Mayor and Common Council and Development Commission recessed to closed session following: (1) community for the 1. Pursuant to Government Code Section 54956.9: a. Conference with legal counsel - existing litigation: 1. Zofia Tyrakowska vs. citv of San Bernardino - Ninth Circuit Court of Appeals Case No. 94-55137; 2. DeCarvalho vs. Huntoon/Citv of San Bernardino - San Bernardino superior Court Case No. 268323; 3. County of San Bernardino vs. city of Colton - Riverside Superior Court Case No. 242968. 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. CLOSED SESSION At 8:05 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. 1 4/18/94 ROLL CALL Roll call was taken by Deputy city Clerk Jones with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Devlin, Pope-Ludlam, Miller; Senior Assistant City Attorney Morillo, Deputy City Clerk Jones, City Administrator Shauna Clark. Absent: Council Member Oberhelman. Also present: Deputy city Attorney Simmons, Deputy City Attorney Rhemrev, and Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office. 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. COUNCIL MEMBER NEGRETE EXCUSED At 8:50 a.m., Council Member Negrete left the closed session. DEPUTY CITY ATTORNEY RHEMREV EXCUSED At 8:55 a.m., Deputy city Attorney Rhemrev left the closed session. ADJOURN CLOSED SESSION At 9:05 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 9:05 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy city Clerk Jones with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Devlin, Pope-Ludlam, Miller; City Attorney Penman, Deputy city Clerk Jones, City Administrator Shauna Clark. Absent: Council Member Oberhelman. 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 Devlin. 2 4/18/94 CLOSED SESSION ACTION (1.A.3) Countv of San Bernardino vs. citv of Colton - Riverside superior Court Case No. 242968. Council Member Devlin made a motion, seconded by Council Member Negrete, that pending the outcome of the litigation in the case noted above, that no further action be taken by City staff to implement the plan of the San Bernardino Fire Department to provide ambulance service. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Devlin, Miller. Nays: Member Pope-Ludlam. Absent: Council Member Oberhelman. Council Council PROCLAMATION NATIONAL APRIL 17 - 23, 1994 LIBRARY WEEK - (2) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring April 17 - 23, 1994, as National Library Week in the City of San Bernardino. Robert Ewing, City Librarian, accepted the proclamation. PROCLAMATION - NATIONAL D.A.R.E. (DRUG ABUSE RESISTANCE EDUCATION) DAY - APRIL 21, 1994 (2-A) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring Thursday, April 21, 1994, as National D.A.R.E. (Drug Abuse Resistance Education) Day in the city of San Bernardino. Lieutenant Larry Neigel and Corporal Paul pancucci of the San Bernardino Police Department, accepted the proclamation. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 9:10 a.m., Council Member Pope-Ludlam left the Council meeting. CITY ATTORNEY PENMAN EXCUSED At 9:11 a.m., city Attorney Penman left the Council meeting and was replaced by Deputy city Attorney Roth. PROCLAMATION - HEALTH FAIR EXPO DAY - PATTON HOSPITAL - APRIL 20, 1994 (2-B) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring Wednesday, April 20, 1994, as Health Fair Expo Day in the City of San Bernardino. Jack Longo, Health Fair Expo Day Coordinator, accepted the proclamation, and stated that the Health Fair Expo would be held at 3 4/18/94 Patton Hospital, and invited all residents to attend. COMMENDATION - CALIFORNIA STATE UNIVERSITY SAN BERNARDINO - WOMEN'S BASKETBALL TEAM (2-C) J. Lorraine Velarde, Executive Assistant to the Mayor, read a commendation to the California State University San Bernardino Women's Basketball Team for their achievements in being the 1993/94 California Collegiate Athletic Association CO-Champions, 1993/94 National Collegiate Athletic Association (NCAA) Division II Women's Basketball West Regional Champions, and the 1993/94 NCAA Division II Women's Basketball National Finalist winning Second Place in the Nation. Head Coach Luvina Beckley, Assistant Coach John Margaritis, and team members Montessa Duckett, Cathy Bogh, Tammie Beckley, Felice Logan, Mary Alice Lott, Chery'll Few, Tammy Booker, and Shannon McGlothlin accepted their commendations. SERVICE PIN AWARD CEREMONY (2-D) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of the employees receiving service pin awards. Each employee received a service pin from Mayor Minor in gratitude of his/her many years of dedicated service to the City. Council Member Hernandez congratulated each employee on the award of their service pin. ANNOUNCEMENT - COUNCIL MEMBER CURLIN (3) Council Member Curlin thanked Mayor Minor for his support of the Youth Accountability Boards. ANNOUNCEMENT - COUNCIL MEMBER DEVLIN (3-A) Council Member Devlin commended Jim Seville, Police commissioner, on the establishment of a firearms surrender program in exchange for tickets to local entertainment events. He explained that approximately 100 firearms had been turned in through this program. COUNCIL MEMBER At 9:28 a.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the PUBLIC COMMENTS - DONNA KONANT (4) Donna Konant, 2085 North Central, Highland, CA, a teacher at caj on High School, stated that the Second Annual International Togetherness (I. T.) Day events would be held Sunday, May 1, 1994, 4 4/18/94 from 12 noon to 6:00 p.m. at Court street Square, invited all residents to attend, and requested funding from the city in support of the event. The following Cajon High School students voiced support of International Togetherness (I. T.) Day: George Amador, Lorraine Zelock, Fancy Huntley, and Tara Grimsby. ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ (3-B) Council Member Hernandez invited the Cajon High School students to participate in the Human Relations Commission. PUBLIC COMMENTS - JEFF WRIGHT (4-A) Jeff Wright, P. O. Box 2341, San Bernardino, CA, that the Feldheym Library hours of operation be extended of National Library Week. requested in support PUBLIC COMMENTS - HECTOR LUNA (4-B) Hector Luna, 1255 West Reece Street, San Bernardino, CA, felt that there should be more decorum at the Council meetings. PUBLIC COMMENTS - ANNA COSTAKIS (4-C) Anna Costakis, 649 West 8th Street, San Bernardino, CA, requested that the City trim a mulberry tree near her home at the intersection of 8th and Berkeley. TRANSFER FUNDS - $27,000 - INSTALL STORM DRAIN & PAVING - PEPPER AVENUE FROM RIALTO AVENUE TO EAST RIALTO CHANNEL - APPROVE PLANS & ADVERTISE FOR BIDS (6) In a memorandum dated April 1, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for the installation of a storm drain and additional paving on Pepper Avenue, from Rialto Avenue to east Rialto Flood Control, have been prepared and the project is ready to be advertised for bids. The project would consist of installing a 36-inch storm drain and 12 feet of additional paving to provide the second southbound traffic lane. The total estimated project cost is $184,000. Council Member Miller made a motion, seconded by Council Member Negrete, and unanimously carried, that the transfer of $27,000 from Account No. 129-309-57826, "Waterman Avenue, from Sixth Street to Ninth Street" to Account No. 129-309-57853, "Pepper Avenue widening, from Rial to Avenue to East Rial to Channel," be approved; that the plans for installation of a storm drain and paving on Pepper Avenue, from Rialto Avenue to East Rialto Channel, be approved; and that the Director of Public Works/City Engineer, be authorized to advertise for bids. 5 4/18/94 STREET NAME CHANGE - BLOOD BANK ROAD TO RECLAMATION ROAD - AUTHORIZATION TO PROCEED (7) In a memorandum dated April 6, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that when the San Bernardino and Riverside Counties Blood Bank relocated from Blood Bank Road, the City Water Department and City Animal Control Department were left as the only two residents on Blood Bank Road. The Water Department has requested, and the Animal Control Department has agreed, to change the name of Blood Bank Road to Reclamation Road. Blood Bank Road is a dead-end street lying east of South "E" Street. The City is the only property owner impacted by this proposed street name change. All appropriate city Departments, utility companies, and the U. S. Post Office would be notified of the proposed street name change. All fees for the street name change would be paid by the Water Department. Council Member Miller made a motion, seconded by council Member Negrete, and unanimously carried, that the Real Property section of the Public Works/Engineering Department be authorized and directed to proceed with changing the name of Blood Bank Road, lying east of South "E" Street to Reclamation Road. CLAIMS & PAYROLL (8) Council Member Miller made a motion, seconded by Council Member Negrete, and unanimously carried, that the claims and payroll and authorization to issue warrants as listed on the memorandum dated April 4, 1994, from the Finance Director, be approved. PERSONNEL ACTIONS (9) Council Member Miller made a motion, seconded by Council Member Negrete, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated April 7, 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. 94-92 - RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES (ABANDONED VEHICLES) ON SAID PROPERTIES. (10) 6 4/18/94 RES. 94-93 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 78, REV. 1 OF LOCAL AGENCY FEDERAL-AID PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO MODERNIZATION AND INTERCONNECT OF TRAFFIC SIGNALS, FROM RIALTO AVENUE TO FOURTH STREET, AND "I" STREET TO SIERRA WAY. (12) Council Member Miller made a motion, seconded by Council Member Negrete, that further reading of the resolution be waived, and that said resolutions be adopted. Resolution Nos. 94-92 and 94-93 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Oberhelman. ORD. MC-900 - 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. Final (14) ORD. MC-901 - 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. Final (15) Council Member Miller made a motion, Member Negrete, that further reading of the and that said ordinances be adopted. seconded by Council ordinances be waived, Ordinances MC-900 and MC-901 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Oberhelman. WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (5) Council Member Hernandez made a motion, seconded by Council Member Negrete, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental, and Community Development commission agendas, be waived. RES. 94-94 - RESOLUTION OF THE CITY OF SAN BERNARDINO ABANDONING PROCEEDINGS UNDER CHAPTER 12.90 OF THE MUNICIPAL CODE IN PORTIONS OF QUAIL CANYON COURT AND QUAIL HOLLOW ROAD IN THE CITY OF SAN BERNARDINO FOR THE CONSTRUCTION OF SANITARY SEWER MAIN AND APPURTENANT FACILITIES (ASSESSMENT DISTRICT NO. 1011). (11) 7 4/18/94 council Member Devlin made a motion, seconded by Council Member Pope-Ludlam, that said resolution be tabled. (Note: There was no vote taken.) Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed opposition to this matter being placed on the consent calendar. City Administrator Shauna Clark explained that by abandoning the proceedings, no further action would be taken on this matter. Council Member Pope-Ludlam made a substitute motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 94-94 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Oberhelman. RES. 94-95 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO J. H. RENTALS, INC. FOR WIDENING THE EAST SIDE OF WATERMAN AVENUE, FROM SIXTH STREET TO NINTH STREET. (13) Roger Hardgrave, Director of Public Works/City Engineer, explained how projects are prioritized to receive funding. Council Member Hernandez made a motion, seconded by council Member pope-Ludlam, that said resolution be adopted. Resolution No. 94-95 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, DeVlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Oberhelman. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT WITH MOVIMIENTO ESTUDIANTIL CHICANO DE AZTLAN (M.E.C.H.A.) RELATING TO FY 1993/94 CIVIC AND PROMOTION FUNDING IN CONNECTION WITH THEIR CINCO DE MAYO CAR SHOW. (16) Council Member Devlin made a motion, seconded by Council Member Negrete, that said resolution be adopted at a funding level of $300. (Note: There was no vote taken.) Hector Luna, 1255 West Reece Street, San Bernardino, CA, spoke in opposition to the sale of alcohol at the Cinco de Mayo event. Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed support for funding to M.E.C.H.A., and opposition to funding the Inland Empire Hispanic Chamber of Commerce. Mark villalobos, 356 West Magnolia, San that M.E.C.H.A. should receive more than promotional funds. Bernardino, CA, felt $300 in civic and 8 4/18/94 Discussion ensued regarding the method used by the Ways and Means Committee to disburse the civic and promotional funds. Council Member Curlin made a substitute motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted at a funding level of $1,000. (Note: There was no vote taken.) Discussion continued regarding how the Ways and Means Committee determines which organizations receive civic and promotional funds. Fred Wilson, Assistant City Administrator, explained that the documentation provided by the Inland Empire Hispanic Chamber of Commerce relative to the Miss Hispanic Chamber of Commerce Beauty Pageant has been reviewed. The total income of the Pageant was $15,357.50, of which $3,500 was contributed by the city. The total expenditures for which there is supporting documentation is $8,138.65, which leaves $7,218.85 unaccounted for. Mario Porras, 3716 North Osbun Road, San Bernardino, CA, explained the problems that the Inland Empire Hispanic Chamber of Commerce has encountered with providing records accounting for the expenditure of civic and promotional funds, assured the Mayor and Council that these problems were now solved, and pledged to comply with any stipulations the City imposes so that the Cinco de Mayo events can be held. Discussion ensued regarding the Cinco de Mayo events, and problems that have arisen in the past few years. Robert castaneda, 1425 West 9th street, San Bernardino, CA, urged the Mayor and Council to fund both of the cinco de Mayo events. Council Member Curlin made a motion, Member Hernandez, that said resolution be level of $1,000. seconded by Council adopted at a funding The motion failed by the following vote: Ayes: Members Negrete, curlin, Hernandez. Nays: Council Members Pope-Ludlam, Miller. Absent: Council Member Oberhelman. Discussion continued regarding how the civic and promotional funds are disbursed. council Devlin, Council Member Devlin made a motion, seconded by council Member Miller, that said resolution be adopted at a funding level of $300. The motion Members Devlin, Negrete, Curlin, failed by the following vote: Ayes: Council pope-Ludlam, Miller. Nays: Council Members Hernandez. Absent: Council Member Oberhelman. 9 4/18/94 There was no further action taken on this item during this meeting. RES. 94-96 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT WITH THE INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE RELATING TO FY 93/94 CIVIC AND PROMOTION FUNDING ASSISTANCE, USE OF CITY FACILITIES AND EQUIPMENT AND WAIVER OF CITY FEES IN CONNECTION WITH THEIR CINCO DE MAYO CELEBRATION. (17) Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted at a funding level of $5,000 from FY 1993/94 civic and promotional funds, and $11,511 from in-kind contributions. (Note: The vote was taken after discussion.) Discussion ensued regarding the best method to eliminate past problems of accounting for civic and promotional funds. Hector Luna, 1255 West Reece Street, San Bernardino, CA, voiced opposition to the sale of alcohol at the Cinco de Mayo events, and support for M.E.C.H.A. Mario Porras, 3716 North Osbun Road, San Bernardino, CA, urged the Mayor and Council to approve the request for civic and promotional funding. Discussion ensued regarding the problems experienced in the past with the Inland Empire Hispanic Chamber of Commerce providing supporting documentation for civic and promotional funding, and the measures that have been taken to ensure that these problems do not recur. Jeff Wright, P. O. Box 2341, San Bernardino, CA, felt that the civic and promotional funding should be split equally between M.E.C.H.A. and the Inland Empire Hispanic Chamber of Commerce. Mark Villalobos, 356 West Magnolia, San Bernardino, CA, voiced opposition to the sale of alcohol at the Cinco de Mayo events. Robert Castaneda, 1425 West 9th street, San Bernardino, CA, urged approval of the funding for the Cinco de Mayo events. The motion carried by the following vote: Ayes: Members Negrete, Hernandez, Devlin, Pope-Ludlam, Miller. Council Member Curlin. Absent: Council Member Oberhelman. Council Nays: RECESS MEETING At 11:02 a.m., Mayor Minor declared a five-minute recess. 10 4/18/94 RECONVENE MEETING At 11:12 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Jones with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Devlin, Pope-Ludlam, Miller; Deputy City Attorney Roth, Deputy city Clerk Jones, City Administrator Shauna Clark. Absent: Council Member Oberhelman. RES. 94-97 - RESOLUTION OF THE CITY OF SAN BERNARDINO URGING LOCAL LEGISLATORS TO SUPPORT AN AMENDMENT TO STATE LAW ALLOWING CITIES AND OTHER PUBLIC AGENCIES TO ADOPT ORDINANCES IMPOSING FINANCIAL RESPONSIBILITY ON BOTH THE PERPETRATOR AND THE PARENTS OF MINOR CHILDREN WHO COMMIT ACTS OF GRAFFITI VANDALISM. (18) Council Member Devlin made a motion, seconded by Council Member Miller, that said resolution be adopted. (Note: The vote was taken after discussion.) Concern was expressed regarding the merits of requiring parents to be financially responsible for graffiti damage caused by their children; and the types of graffiti covered by the proposed State law amendment. Deputy city Attorney Roth explained that this action would not change City laws regarding graffiti, but would send a message of support to change current State law to allow parents to be held financially responsible for the graffiti damage caused by their children. Discussion ensued regarding the annual costs to the City to eradicate graffiti. Jeff Wright, P. O. Box 2341, San Bernardino, CA, voiced opposition to making parents financially responsible for the graffiti damage caused by their children. Resolution No. 94-97 was adopted by the following vote: Council Members Curlin, Devlin, Pope-Ludlam, Miller. Council Members Negrete, Hernandez. Absent: Council Oberhelman. Ayes: Nays: Member RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN POLICE RECORDS, DOCUMENTS AND PAPERS, PURSUANT TO SECTIONS 34090, 34090.5 AND 34090.6 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. (19) 11 4/18/94 council Member Hernandez made a motion, seconded by Council Member Devlin, and unanimously carried, that said resolution be continued to a later meeting, in the Council Chambers of City Hall, 300 North liD" street, San Bernardino, California. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 3.04.125 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO LOCAL BID PREFERENCE. First (20) Shauna Clark, city Administrator, explained how the local bid preference would impact local businesses, and city purchases. Jeff Wright, P. O. Box 2341, San Bernardino, CA, voiced opposition to any local bid preference. Deputy City Attorney Roth stated that the City Attorney's Office had not approved the ordinance due to concerns as to whether the local bid preference could withstand a court challenge. Discussion ensued regarding the merits of enacting a local bid preference. Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that said ordinance be laid over for final adoption. ORD. MC-902 - 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. Final (21) Council Member Hernandez made a motion, seconded by Council Member pope-Ludlam, that said ordinance be adopted. (Note: The vote was taken after discussion.) Concern was expressed regarding the safety of subdivisions in high fire and wind zones of the city if they are built without two standard routes of access and the possible difficulty of emergency vehicles reaching these areas. Al Boughey, Director of Planning and Building Services, explained that this would create a variance application process, and that only the Mayor and Council could grant variances from the standard requirements on a case-by-case basis. Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed opposition to allowing a variance from the standard requirement for two standard routes of access. 12 4/18/94 Deputy City Attorney Roth stated that this would create a variance application process, and that only the Mayor and Council would be able to grant variances from the standard requirements on a case-by-case basis. Mark ostoich, Gresham, Varner, Savage, Nolan & Tilden, 600 North Arrowhead Avenue, suite #300, San Bernardino, CA, voiced support for creating a procedure to request a variance from the standard requirement for two access routes for subdivisions, and explained that this procedure does not automatically grant approval of variance requests. Discussion ensued regarding the type of access routes that would be permitted if approval of a variance from the standard requirement is granted, and the merits of granting a variance from a requirement imposed to ensure that emergency vehicles would have sufficient access to all subdivisions within the City. Helen Kopczynski, 8150 Cable Canyon Road, voiced opposition to granting a variance requirement for two routes of access. San Bernardino, CA, from the standard Concern was expressed regarding granting subdivisions in high fire and wind zones, and the the substandard routes would be constructed. variances for manner in which Roger Hardgrave, Director of Public Works/City Engineer, explained how substandard routes would be constructed. City procedure reviewing Attorney Penman stated that variances under could only be granted by the Mayor and Council the merits of each individual request. this after Ordinance No. MC-902 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Pope-Ludlam, Miller. Nays: Council Member Devlin. Absent: Council Member Oberhelman. PUBLIC HEARING - IMPOSING LIENS ON PROPERTY - UNCOLLECTED BUSINESS REGISTRATION FEES (22) This is the time and place set for a public hearing to consider imposing liens on real property located within the City of San Bernardino for uncollected business registration fees for the renting or leasing of dwelling units. In a memorandum dated March 31, 1994, Rachel Clark, city clerk, requested authorization to impose liens on parcels of property for uncollected business registration fees. Mayor Minor opened the hearing. 13 4/18/94 ,-, Deputy city Clerk Jones stated that Exhibit "A" of the resolution should be amended to delete the following addresses: 268 West Hospitality Lane, 1386 East Highland Avenue, 1440 North Sepulveda Avenue, 1390 North Wall Avenue, 1635 West Rialto Avenue, 1595 West Rialto Avenue, 2634 South Copper Lane, 1063 - 69 West Highland Avenue, 200 East 30th Street, 2194 19th street, 2097 West Highland Avenue, 380 West Orange Show Lane, 435 West Orange Show Lane, 360 West Orange Show Lane, 320 West Orange Show Lane, 5150 3rd Avenue, 5098 3rd Avenue, 1716 - 26 North "G" Street, 2035 East Sunrise Lane, 1026 West 5th Street, 2120 - 38 North "D" Street, 265 West Highland Avenue, 2455 Spruce Street, and 1849 Cleveland Street. RES. 94-98 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR UNCOLLECTED BUSINESS REGISTRATION FEES. (22) Council Member Hernandez made a motion, seconded by Council Member Miller, that the hearing be closed. The motion carried by the following vote: Ayes: Members Negrete, curlin, Hernandez, Devlin, Miller. Nays: Member Pope-Ludlam. Absent: Council Member Oberhelman. Council Council Council Member Hernandez made a motion, seconded by Council Member Negrete, that said resolution be adopted, and that Exhibit II A" be amended by deleting the following addresses: 268 West Hospitality Lane, 1386 East Highland Avenue, 1440 North Sepulveda Avenue, 1390 North Wall Avenue, 1635 West Rialto Avenue, 1595 West Rialto Avenue, 2634 South Copper Lane, 1063 - 69 West Highland Avenue, 200 East 30th Street, 2194 19th street, 2097 West Highland Avenue, 380 West orange Show Lane, 435 West Orange Show Lane, 360 West Orange Show Lane, 320 West Orange Show Lane, 5150 3rd Avenue, 5098 3rd Avenue, 1716 - 26 North "G" Street, 2035 East Sunrise Lane, 1026 West 5th Street, 2120 - 38 North liD" Street, 265 West Highland Avenue, 2455 Spruce Street, and 1849 Cleveland Street. The motion carried, and Resolution No. 94-98 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Devlin, Miller. Nays: Council Member Pope-Ludlam. Absent: Council Member Oberhelman. RECESS MEETING At 12:11 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. 14 4/18/94 RECONVENE MEETING At 2:03 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 Jones with the following being present: Mayor Minor; Council Members Negrete, Hernandez, Devlin, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, Deputy City Clerk Jones. Absent: Council Members Curlin, Oberhelman; City Administrator Shauna Clark. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 2:03 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. INSTALL PLAYGROUND EQUIPMENT - ENCANTO PARK - APPROVAL OF PLANS & ADVERTISE FOR BIDS (R-4) In a memorandum dated March 31, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for installation of playground equipment at Encanto Park have been prepared and the project is ready to be advertised for bids. The project consists of installing four pieces of playground equipment and handicap accessible matting. The total estimated project cost is $38,500. Council Member Hernandez made a motion, seconded by Council Member Devlin, and unanimously carried, that the plans for the installation of playground equipment and handicap accessible matting at Encanto Park, in accordance with Plan No. 9090, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. RES. 94-99 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO CORNISH CONSTRUCTION COMPANY, INC. FOR INSTALLATION OF THE RICHARDSON STREET STORM DRAIN, FROM DAVIDSON STREET TO MISSION CREEK. (Continued from April 4, 1994) (R-5) Council Member Hernandez made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 94-99 was adopted by the following vote: Ayes: Council Members Negrete, Hernandez, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Members curlin, Oberhelman. COUNCIL MEMBER CURLIN RETURNED At 2:09 p.m., Council Member Curlin meeting and took his place at the council returned to the council table. 15 4/18/94 SUPERBLOCK - ENVIRONMENTAL IMPACT REPORT (EIR) CONSULTANT (R-9) In a memorandum dated April 13, 1994, Kenneth Henderson, Executive Director, Economic Development Agency, Development Department, stated that the development of the superblock may create environmental impacts identified in the California Environmental Quality Act (CEQA) Initial Study. It has been determined that an Environmental Impact Report (EIR) would be required. Staff proposes to hire a consultant to prepare the EIR. The Request for Proposals (RFP) for the EIR consultant was advertised on March 11, 1994, and proposals are due no later than April 18, 1994, with a consultant selected no later than April 21, 1994. In order to meet the construction schedule, the EIR consultant would be given six weeks to prepare the EIR document and would need to begin work immediately after staff makes its recommendation. Due to the aggressive schedule, staff seeks advance approval for funding and contract execution, or the schedule would be delayed by two weeks. Jeff Wright, P. O. Box 2341, San Bernardino, CA, stated that the proposed height of the buildings to be located within the superblock violates the Development Code. Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Common Council authorize the Mayor and City Clerk to execute a contract with the staff recommended Environmental Impact Report (EIR) consultant in an amount not to exceed $150,000. PUBLIC HEARING - INLAND PLAZA REFINANCING (R-10) This is the time and place set for a public hearing on the proposed refinancing of the Inland Plaza. In a memorandum dated April 13, 1994, Kenneth Henderson, Executive Director, Economic Development Agency, Development Department, stated that on March 7, 1994, the Mayor and Common Council approved an Industrial Development Bond (IDB) time extension for the Inland Plaza from October 15, 1993 to October 15, 1994. At the same time, the community Development Commission deferred action on a request for a $2.2 million loan guarantee to facilitate the refinancing of the Industrial Development Bond until the property owners could raise the occupancy rate to at least 85%, because of the Inland Plaza's low occupancy rate of 67%. Due to continued recessionary conditions and weakness in the retail leasing market, the owners of Inland Plaza approached the Bank of California, holder of the Industrial Development Bonds, to request an additional extension of time to improve the Plaza's occupancy rate. The bank agreed to an additional extension of the IDB due date to April 15, 1995. It is necessary for the Mayor and 16 4/18/94 Common Council to hold another public hearing for this additional time extension and approve the time extension to April 15, 1995 to coincide with the extension granted by the Bank of California. Mayor Minor opened the hearing. Jeff Wright, P. O. Box 2341, San Bernardino, CA, asked for clarification of the matter. Kenneth Henderson, Executive Director, Economic Development Agency, Development Department, explained the basis for granting the Industrial Development Bond time extension for the Inland Plaza. RES. 94-100 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGARDING THE HOLDING OF A PUBLIC HEARING IN CONNECTION WITH THE EXTENSION OF THE MATURITY OF THE $2,200,000 CITY OF SAN BERNARDINO, CALIFORNIA, INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1983A (INLAND VALLEY PROJECT). (R-10-A) RES. 94-101 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE EXTENSION OF THE MATURITY OF THE $2,200,000 CITY OF SAN BERNARDINO, CALIFORNIA, INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1983A (INLAND VALLEY PROJECT). (R-10-B) Council Member Pope-Ludlam made a motion, seconded by Council Member Curlin, and unanimously carried, that the hearing be closed. Council Member Hernandez made a motion, seconded by Council Member Negrete, that said resolutions be adopted. Resolution Nos. 94-100 and 94-101 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Oberhelman. RES. 94-102 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A FIRST SUPPLEMENTAL INDENTURE AND A SECOND SUPPLEMENTAL INDENTURE FOR ITS MULTIFAMILY HOUSING REVENUE BONDS (WARM CREEK APARTMENTS PROJECT) SERIES 1985. (R-11) Council Member Hernandez made a motion, seconded by council Member Curlin, that said resolution be adopted. Resolution No. 94-102 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Devlin, Pope- Ludlam, Miller. Nays: None. Absent: council Member Oberhelman. 17 4/18/94 RECESS MEETING At 3:47 p.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 3:53 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 Jones with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Devlin, Pope-Ludlam, Miller; Senior Assistant city Attorney Barlow, Deputy City Clerk Jones. Absent: Council Member Oberhelman; City Administrator Shauna Clark. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 3:53 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. 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). (Continued from April 4, 1994) (R-14-C) Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that said resolution be continued to May 2, 1994, in the Council Chambers of city Hall, 300 North "D" Street, San Bernardino, California. SAN BERNARDINO COUNTY LAW LIBRARY RETENTION (RS-l) In a memorandum dated April 14, 1994, Timothy Steinhaus, Agency Administrator, Economic Development Agency, stated that staff has been assisting the San Bernardino County Law Library in its search for larger quarters in the downtown area. The old security Pacific Bank Building at 402 North liD" Street has been selected as the best alternative for the Law Library'S expansion needs, allowing it to approximately double its current building area. The Community Development commission approved the purchase of 402 North "D" Street from Bank of America for a purchase price of $1 million, with $600,000 coming from the Law Library and $400,000 from the Economic Development Agency. Upon escrow closing, the Law Library would hold title to the building, the land underneath it and the land necessary for a 5,000 square foot expansion. The Agency would hold title to the balance of the property. A lot merger is currently being processed to split the property 18 4/18/94 -,--- ---- accordingly. There would be two concurrent escrows for this transaction. One would be between Bank of America and the Economic Development Agency. The other would be between the Agency and the Law Library. The terms of the escrow instructions would be substantially the same so that, in the event the Library needs to cancel its transaction, the Economic Development Agency can in turn cancel its transaction with the bank. One of the stipulations of the agreement with Bank of America is that the Bank would enter into a contract on the removal of asbestos which has been found at 402 North "D" street. with some exceptions, all asbestos must be removed from the building before the Law Library would take occupancy of it. A final agreement would be necessary to complete the transaction. A parking easement would give the Library the right to use the existing parking surrounding the building, with a stipulation that should the existing parking area be needed for some other use associated with the superblock project, the Agency would be obligated to provide suitable replacement parking. council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Common Council and the Community Development Commission set a joint public hearing for May 16, 1994, in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California, to consider approval of a Disposition and Development Agreement between the Redevelopment Agency and the San Bernardino County Law Library Board of Trustees. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING COMPENSATION OF COMMUNITY DEVELOPMENT COMMISSION MEMBERS AT $1,500 PER MONTH AND ESTABLISHING AN AUTOMATIC ANNUAL COST OF LIVING INCREASE BASED ON THE ANNUAL COST PRICE INDEX. (See related item S-l) (N&-l) Senior Assistant City Attorney Barlow explained that the matter of the annual Consumer Price Index (CPI) increases had not yet been reviewed by the city Attorney's Office. Mayor Minor voiced opposition to an increase in the Community Development commission Member compensation, and instead suggested that the Mayor and Council place a charter amendment on the ballot to increase Council Member compensation. Discussion ensued regarding the impact that increasing the Community Development Commission compensation would have on the Economic Development Agency's budget; whether an increase in compensation is appropriate at this time considering the difficult financial situation that the City and the Economic Development 19 4/18/94 I' Agency are facing in FY 1994/95; and the composition of the Council Personnel and Redevelopment Committees. Discussion continued regarding the average Council Member's salary nationwide and statewide; concern was expressed that the low salary for Council and Community Development Commission Members unnecessarily prohibits qualified candidates from seeking public office for financial reasons, as many have families to support. Jeff Wright, P. O. Box 2341, San Bernardino, CA, voiced opposition to granting a salary increase in this manner, and felt that the matter should be placed on the ballot for a vote by the people. Evelyn Kinny, 2048 East 18th street, San Bernardino, CA, voiced opposition to approving a salary increase in this manner, and felt that more funds should be expended for police services. A discussion was held regarding the merits of proposing an annual Consumer Price Index (CPI) increase. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, that the Mayor and Common Council consider the approval of a resolution increasing the Community Development Commission compensation from $75 per meeting to $1500 per month, and amending the previous actions of the Mayor and Common Council. Esther Estrada, 531 North Tia Juana, San Bernardino, CA, urged the Mayor and Council to establish a citizens blue ribbon committee to review the matter of Council Member compensation, and prepare a charter amendment to be placed on the ballot for a vote of the people. The motion failed by the fOllowing vote: Members Hernandez, Pope-Ludlam. Nays: Council Curlin, Devlin, Miller. Absent: Council Member Ayes: Council Members Negrete, Oberhelman. There was no further action taken on this item during this meeting. COMMUNITY DEVELOPMENT COMMISSION MEMBERS COMPENSATION - PROPOSED INCREASE - SEE RELATED ITEM ARS-l (S-1) In a memorandum dated April 13, 1994, Council Member Pope- Ludlam requested that action be taken to reaffirm the previous action taken to increase compensation of Community Development Commission members by amending City of San Bernardino Resolution No. 89-311 to increase the compensation from $75 per meeting to $1,500 per month, which included an annual Consumer Price Index (CPI) increase and increasing the Economic Development Agency budget accordingly; and that the City Attorney be directed to prepare the appropriate amendment to effectuate the increased 20 4/18/94 compensation and annual Consumer Price Index (CPI) increases. There was no action taken on this matter during this meeting. RECESS MEETING At 5:22 p.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 5:28 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 Jones with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Devlin, Pope-Ludlam, Miller; Deputy City Attorney Roth, Deputy City Clerk Jones, city Administrator Shauna Clark. Absent: Council Member Oberhelman. MAINTENANCE PAINTING FACILITIES - ADVERTISE 1994 & CUSTODIAL SERVICES AT CITY FOR BIDS - CONTINUED FROM APRIL 4, (23) This is the time and advertisement of bids for services at City facilities. place continued to maintenance painting consider the and custodial In a memorandum dated April 13, 1994, Fred Wilson, Assistant City Administrator, stated that the Facilities Management Division is responsible for custodial and maintenance painting services at City facilities. The vendor awarded the contract would provide all labor and materials, and the work would be supervised by the Facilities Management Division. The prevailing wage requirements that govern public works projects have no bearing on this contract based on an interpretation of Resolution 90-358, Section Two. The project is a pilot privatization project, implemented to help balance the budget. The project has been reviewed by the privatization committee, and would be funded by a vacant Maintenance Painter position. The program has been approved for a six month trial period. Council Member Miller made a motion, seconded by Council Member Negrete, that the Purchasing Agent be authorized to advertise for bids for maintenance painting services for all City facilities; that the City Administrator be authorized to transfer funding in the amount equal to the recommended low bid from Facilities Maintenance Regular Salaries to Contractual Services; that the Purchasing Agent be authorized to advertise for bids for custodial services at nine city buildings; and that the City Administrator be authorized to transfer funding in the amount equal 21 4/18/94 to the recommended low bid from Facilities Salaries to Contractual Services. (Note: taken. ) Maintenance Regular There was no vote Shauna Clark, City Administrator, explained the types of services that would be provided under the contract. Council Member Hernandez made a motion, seconded by Council Member Negrete, and unanimously carried, that the Purchasing Agent be authorized to advertise for bids for maintenance painting services for all City facilities; that the City Administrator be authorized to transfer funding in the amount equal to the recommended low bid from Facilities Maintenance Regular Salaries to Contractual Services; that the Purchasing Agent be authorized to advertise for bids 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 from Facilities Maintenance Regular Salaries to Contractual Services. MANAGEMENT AUDIT CITY ATTORNEY'S OFFICE REVIEW IMPLEMENTATION PLAN - REFERRAL BY PERSONNEL COMMITTEE TO COUNCIL - CONTINUED FROM APRIL 4, 1994 (24) This is the time and place continued to consider the referral by the Personnel Committee for review of the implementation plan of the Management Audit of the City Attorney's Office. In a memorandum dated April 1, 1994, senior Assistant City Attorney Barlow, stated that a question has arisen whether the Council can adopt an implementation plan for the recent audit of the City Attorney's Office which requires the city Attorney to report to, and follow the direction of, an officer of the City other than the Mayor. The Charter outlines the powers of the Mayor, in part, to have general supervision over all departments of the City, and grants the Council the specific legislative responsibilities. The Charter does not give the Council the power of supervision, or the power to withdraw from other City officers powers vested in them by the Charter. The Mayor has exercised his functions of general supervision relative to the city Attorney's Office Management Audit implementation schedule, by approving the implementation schedule prepared by the City Attorney. The Council cannot take that function away from the Mayor and give it to another individual. The Council may not place itself or another officer in the place and stead of the mayor without an amendment to the Charter. Deputy City Attorney Roth explained that the Charter stipulates that the Mayor would have supervisory authority over the city Attorney's Office and that such supervisory authority over an elected official cannot be delegated by the Mayor to the city Administrator, who is an appointed employee. 22 4/18/94 Discussion ensued regarding who has responsibility for supervising the City Attorney's Office; and the schedule for implementing the recommendations contained in the Management Audit of the City Attorney's office. Council Member Devlin made a motion, seconded by Council Member Curlin, that the matter be continued to May 2, 1994, in the Council Chambers of city Hall, 300 North "D" street, San Bernardino, California. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Devlin, Miller. Nays: Member Pope-Ludlam. Absent: Council Member Oberhelman. Council council SEWER EXTENSION - TENTATIVE PARCEL MAP NO. 14396 - ACRE LANE, SOUTH OF 40TH STREET - AUTHORIZATION TO PARTICIPATE IN COST (25) In a memorandum dated April 4, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that Tentative Parcel Map No. 14396 was approved at the Planning commission meeting of April 6, 1993, and would divide one Residential Suburban, RS, zoned parcel, with an existing single family residence into two parcels. One of the conditions of approval was that each parcel be served with sewer. Compliance with this condition would require an extension of approximately 2,850 feet of sewer. The subdivider has requested that the City participate in the cost of approximately 2,550 feet of this extension, as it would be a financial hardship for the developer. The Municipal Code authorizes the City to participate in the cost of sewer main extensions in excess of 300 feet, based on the recommendation of the City Engineer when the request meets certain criteria for city assistance. Several requests have been received over the past several years to bring sewer into this area which indicates a desire and need by the existing residents. There are some vacant lots that would be conditioned to connect to the sewer once they are developed. Based upon these considerations, it is the recommendation of the city Engineer that the City participate in extending approximately 2,550 feet of the sewer system, at an estimated cost of $250,000. Council Member Miller 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. c- AUTHORIZE CITY ATTORNEY TO PREPARE RESOLUTION IN SUPPORT OF ASSEMBLY BILL (AB) 2897 - LOCAL CONTROL OF ALCOHOLIC BEVERAGE LICENSES IN INNER-CITY NEIGHBORHOODS WITH AN OVER-CONCENTRATION OF ALCOHOL OUTLETS (26) 23 4/18/94 In a memorandum dated April 11, 1994, Council Member Devlin, transmitted a letter dated March 30, 1994, from Louis Caldera, Assemblymember, Forty-Sixth District, 304 South Broadway, Suite #580, Los Angeles, CA, who requested support for Assembly Bill 2897, which seeks to alleviate problems arising from the over- concentration of alcohol outlets in inner-city neighborhoods by offering a strategy to give local governments more control over the issuance of new liquor licenses and premises-to-premises transfers in over-concentrated areas. Council Member Negrete made a motion, seconded by Council Member Curlin, that the City Attorney be directed to prepare a resolution in support of AB 2897 which addresses the over- concentration of alcohol outlets in inner-city neighborhoods; and that said resolution be brought back for adoption and forwarding to our legislators. (Note: There was no vote taken.) Shauna Clark, City Administrator, explained that by supporting Assembly Bill 2897 (AB 2897) the city would be supporting an effort to maintain local control over the issuance of alcoholic beverage licenses. Discussion ensued regarding the merits of limiting the issuance of licenses to sell alcoholic beverages. Council Member Curlin made a motion, seconded by Council Member Devlin, that the City Attorney be directed to prepare a resolution in support of AB 2897 which addresses the over- concentration of alcohol outlets in inner-city neighborhoods; and that said resolution be brought back for adoption and forwarding to our legislators. The motion failed Members curlin, Devlin, Hernandez, Pope-Ludlam. by the following vote: Miller. Nays: Council Absent: Council Member Ayes: Council Members Negrete, Oberhelman. There was no further action taken on this item during this meeting. RESIDENTIAL RECYCLING PILOT PROGRAM - PUBLIC SERVICES DEPARTMENT - RECEIVE & FILE REPORT (27) In a memorandum dated April 4, 1994, James Howell, Acting Director of the Public Services Department, stated that Assembly Bill 939 (AB 939) requires a reduction in landfill waste streams of 25% by 1995 and 50% by the year 2000. San Bernardino has analyzed its waste stream to determine the types and quantities of materials that could be recycled through various programs. A residential pilot program accepting 15 types of materials in one container began in October of 1992. The pilot program serves four demographically diverse areas of 24 4/18/94 450 homes each, for a total of 1,800 homes. Each household was provided a 90 gallon automated container serviced once per week. Mixed recyclables were sent to a sorting center for marketing at a net cost, including transportation, sorting, and sale value, of approximately $10.50 per ton over the current landfill fee of $34.50 per ton. The large mix of materials enabled the program to recycle 16% of the waste stream from participating households. This is more than traditional programs which accept only newspaper, bottles, and cans. Expansion of the current pilot program would be submitted to the Council for approval during the FY 1994/95 budget process. The pilot program has the potential for meeting AB 939 mandates. There is no impact to the general fund from the pilot program since the refuse enterprise fund covers the net cost of recycling through refuse collection user fees. council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that the report on the Residential Recycling pilot Program, be received and filed. STREET NAME CHANGES ON FORMER NORTON AIR FORCE BASE - AUTHORIZATION TO PROCEED (28) In a memorandum dated April 4, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that the names of certain streets within the former Norton Air Force Base would be changed and incorporated into the City'S system. The Inland Valley Development Agency and the San Bernardino International Airport Authority have agreed to change the names of several streets as follows: extend Tippecanoe Avenue; change 6th street to Del Rosa Avenue: change 102nd Street to victoria Avenue; change "C" Street to Sheppard Boulevard: change 7th Street to Norton way: and change "A" street to Villasenor Boulevard. All affected City departments, utility companies and the U.S. Post Office would be notified of the proposed street name changes and afforded an opportunity to provide input. Additional changes would be made in the future as the base transitions to civilian use. All fees for the street name changes have been paid by the Inland Valley Development Agency. Council Member Hernandez made a motion, seconded by Council Member pope-Ludlam, 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. RES. 94-103 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH PAVILION PARTNERS, INC., DBA: GLEN HELEN BLOCKBUSTER PAVILION. (S-2) Council Member Hernandez made a motion, seconded by Council Member Devlin, that said resolution be adopted. 25 4/18/94 ,-- Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA, expressed concern regarding existing traffic congestion problems caused for the residents in the area when events are held at the Blockbuster Pavilion. Resolution No. 94-103 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Devlin, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Oberhelman. ADJOURNMENT (29) At 6:03 p.m., the meeting was adjourned. The next regular meeting is scheduled to be held at 8:00 a.m., Monday, May 2, 1994, in the council Chambers of city Hall, 300 North "D" street, San Bernardino, California. RACHEL CLARK City Clerk l_~ ' By ?ZC(' c'C<. Cc <-1' Melanie Vale Deputy City Clerk ,~/ 7 .(',~ --c,---- No. of Items: 50 No. of Hours: 8.25 26 4/18/94