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HomeMy WebLinkAbout05-02-1994 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING MAY 2, 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 8:01 a.m., Monday, May 2, 1994, in the Council Chambers of City Hall, 300 North liD" street, San Bernardino, California. ROLL CALL Roll call was taken by city Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin; Senior Assistant City Attorney Morillo; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Members Pope-Ludlam, Miller. RECESS MEETING - CLOSED SESSION At 8:01 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. city of San Bernardino - Ninth Circuit Court of Appeals Case No. 94-55137; (2) James Davis vs . city of San Bernardino - U. S. District Court Case No. SACV 93-1249 LHM; (3) Judy Kay Devries vs. citv of San Bernardino - San Bernardino Superior Court Case No. 261909; (4) County of San Bernardino vs. city of Colton Riverside Superior Court Case No. 242968. B. Conference with Legal Counsel - Anticipated Litigation: (I) 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. 1 5-2-94 CLOSED SESSION At 8:01 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 Scroggin, Office. present: Deputy city Administrative Operations Attorney Rhemrev, Margaret Supervisor, City Attorney's READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Cordova 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 MILLER & DEPUTY CITY ATTORNEY ROTH ARRIVED At 8:04 a.m., Council Member Miller and Deputy City Attorney Roth arrived at the closed session. COUNCIL MEMBER POPE-LUDLAM ARRIVED At 8:08 a.m., Council Member Pope-Ludlam arrived at the closed session. CITY ATTORNEY PENMAN ARRIVED At 8:10 a.m., City Attorney Penman arrived at the closed session. DEPUTY CITY ATTORNEY RHEMREV EXCUSED At 8:14 a.m., Deputy City Attorney Rhemrev left the closed session. ADJOURN CLOSED SESSION At 8:16 a.m., the closed session council Chambers of city Hall, Bernardino, California. recessed to 9:00 a.m., in the 300 North "D" Street, San RECONVENE MEETING At 9:01 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of city Hall, 300 North "D" Street, San Bernardino, California. 2 5-2-94 ROLL CALL Roll call was taken by city Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; City Attorney Penman; city Clerk Rachel Clark; city Administrator Shauna Clark. INVOCATION The invocation was given by Captain Hal Hads of the Salvation Army. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Devlin. APPOINTMENTS - FIRE COMMISSION - MOBILE HOME RENT BOARD (2) In memoranda dated April 20, 1994, respectively, Mayor Minor recommended the appointment of Mary Ann Conley, 3344 Broadmoor Boulevard, San Bernardino, CA, to the Fire Commission, as requested by Council Member Miller; and recommended that the following individuals be reappointed to the Mobile Home Rent Board: William Hanks, 22875 savi Ranch Parkway, suite C, Yorba Linda, CA; Russell Piper, 222 S. Rancho Avenue, space 89, San Bernardino, CA; and Doris J. Wallack, 2744 W. Rialto Avenue, Space 41, Rialto, CA. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the appointments to the Fire Commission and Mobile Home Rent Board, as recommended by Council Member Miller and Mayor Minor, be approved. APPOINTMENT BYRON E. CONGDON HUMAN RELATIONS COMMISSION - COUNCIL MEMBER OBERHELMAN (S-1) In a memorandum dated April 27, 1994, Mayor Minor recommended the appointment of Byron E. congdon, 3678 Hemlock Drive, San Bernardino, CA, to the Human Relations Commission, as requested by Council Member Oberhelman. Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed opposition to the appointment of Byron E. Congdon to the Human Relations Commission. Bob Nelson, the appointment Commission. SR-ll, Summit, CA, expressed concern relative to of Byron E. Congdon to the Human Relations Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the appointment of Byron E. Congdon to the Human Relations Commission, as recommended by Council Member Oberhelman, be approved. 3 5-2-94 COMMENDATION - JACK RODGERS - 1994 SENIOR CITIZEN OF THE YEAR (2A) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending Jack Rodgers for his outstanding service to the community, and presented him with an award for being the 1994 Senior citizen of the Year. The following individuals also presented awards to Mr. Rodgers for his outstanding community service and for being the recipient of the 1994 Senior citizen of the Year: Wade Byars, Congressman George Brown's Office Marti Rodriguez, Senator Ruben Ayala's Office Michael Townsend, Assemblyman Joe Baca's Office Phyllis Poulos, Supervisor Jerry Eaves' Office Cynthia Brooks, Parks, Recreation & Community Services Department Jack Rodgers accepted the awards, and expressed appreciation to the Parks, Recreation & Community services Department. PROCLAMATION - MAY 5, 1994 - LAW ENFORCEMENT DAY - SAN BERNARDINO AREA CHAMBER OF COMMERCE - SAN BERNARDINO COUNTY SUN (2B) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution acknowledging the San Bernardino Area Chamber of Commerce and the San Bernardino County Sun for their support of law enforcement officers, and proclaiming May 5, 1994, as Law Enforcement Day within the City of San Bernardino. Jean Stephens, President, and Larry Graham, Dinner Chair, San Bernardino Area Chamber of Commerce and Sue Rogers of the San Bernardino County Sun, accepted the proclamation. PROCLAMATION - MAY 9-15, 1994 - NATIONAL SALVATION ARMY WEEK (2C) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution acknowledging the Salvation Army for its dedicated service to the community, and proclaiming May 9-15, 1994, as National Salvation Army Week. Captain Hal Hads, Salvation Army, accepted the proclamation. COMMENDATION - ANTHONY SANCHEZ - THOMAS NUNEZ - ACTS OF BRAVERY (2D) 4 5-2-94 J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending Anthony Sanchez and Thomas Nunez for their heroic action in saving the lives of a grandmother and a three year old child who were trapped in a fire at 932 W. Seventh Street. Anthony Sanchez and Thomas Nunez accepted the commendation, and expressed their appreciation to the City and the Fire Department. Mr. & Mrs. Saldana, parents of the three year old child, expressed their appreciation, and presented Messrs. Sanchez and Nunez with a watch as a token of their appreciation. Fire Chief will Wright commended Messrs. Sanchez and Nunez for their heroic action. ANNOUNCEMENT - COUNCIL MEMBER CURLIN (3) Council Member Curlin acknowledged the recent elections held in South Africa, and recognized their move toward democracy. ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ (3A) Council Member Hernandez voiced opposition to the article written in The Sun in which they question the costs associated with the conversion of the Norton Air Force Base, and expressed his desire to see the positive aspects of the conversion revealed. ANNOUNCEMENT - COUNCIL MEMBER OBERHELMAN (3B) Council Member Oberhelman stated that he had the pleasure of welcoming members of the Church of Jesus Christ of Latt;er D~y Saints who have volunteered to provide informational serv1ces 1n the lobby of City Hall, and commended the individuals involved in bringing the project to its fruition. ANNOUNCEMENT - COUNCIL MEMBER MILLER (3e) Council Member Miller announced that on May ci ty would be conducting an open House and the Arrowhead commemorating the 184th anniversary founding. 19-21, 1994, the Festival of the of the City's ANNOUNCEMENT - CITY ATTORNEY PENMAN (3D) city Attorney Penman stated that he would be announcing the results of investigations conducted by the City Attorney's Office concerning corruption within the City. 5 5-2-94 PUBLIC COMMENTS - JIM SCHLATA (4) Jim schlata, P. O. Box 2901, San Bernardino, CA, expressed opposition to the proposed extension and expansion of Assessment District No. 994, and voiced concern regarding the time limitations being imposed on public comments. PUBLIC COMMENTS - LANCE DUGGINS (oIA) Lance Duggins, discontent that the project have not been 6389 La praix, improvements for completed. Highland, CA, the Mervyn's expressed development PUBLIC COMMENTS - BOB NELSON (4B) Bob Nelson, SR-l1, Summit, CA, expressed opposition to the selection process for religious programs being televised on Public Access Programming - Channel 3. PUBLIC COMMENTS - HECTOR LUNA (4C) Hector Luna, 1255 W. expressed opposition to the and recreation facilities. Reece Street, San Bernardino, CA, consumption of alcohol at City parks PUBLIC COMMENTS - TERRY MOLL (40) Terry Moll, 6705 N. Steven Way, San Bernardino, CA, expressed opposition to the allocation and selection process for developers receiving financial assistance, housing inspection procedures and the planting of palm trees along Palm Avenue. PUBLIC COMMENTS - ROBERT CASTANEDA (4E) Robert Castaneda, 1425 W. 9th Street, San Bernardino, CA, expressed opposition to the time limits being imposed on public comments and the lack of concern being exhibited by the Mayor and Council during the Council meeting. ANNOUNCEMENT - CITY ATTORNEY PENMAN (3E) city Attorney Penman explained that when permission is granted, Municipal Code Section 9.32.040 allows for the consumption of alcoholic beverages at City buildings and parks and recreation facilities. He stated that no violation of the law has been committed when special permits are granted. PUBLIC COMMENTS - JEFF WRIGHT (4F) Jeff wright, P. O. Box 2341, San Bernardino, CA, objected to the time limits being imposed on public comments, and urged the Mayor and Council to be more sympathetic to the needs of the 6 5-2-94 people. PUBLIC COMMENTS - LARRY SINGLETON (4G) Larry Singleton, 265 W. 21st Street, voiced concern regarding actions of the Mayor during the council meetings. San Bernardino, CA, and Council exhibited PUBLIC COMMENTS - BOBBY OQUENDO (4H) Bobby Oquendo, 3094 N. Central, San Bernardino, CA, urged the citizens to participate in the following activities: Open House & Festival of the Arrowhead - May 19-21, 1994; Dinner & Dance sponsored by the Kiwanis of Greater San Bernardino to raise money for a scholarship fund in honor of Vera Lopez - June 4, 1994; and the Fire Department Muster - June 11, 1994. PUBLIC COMMENTS - GARY KIRBY (41) Gary Kirby, 1505 Yardley, San Bernardino, CA, objected to the time limits being imposed on public comments, and stated that the rules being imposed on the public should also apply to the Mayor and Council. PUBLIC COMMENTS - JIMMY DE VITA (4J) Jimmy De Vita, a resident of Rialto, CA, presented the City with a certificate of recognition for its outstanding service to the community. CLAIMS AND PAYROLL (14) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the claims and payroll and authorization to issue warrants as listed on the memorandum dated April 19, 1994, from the Finance Director, be approved. PERSONNEL ACTIONS (15) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated April 21, 1994, in accordance with civil Services Rules and Personnel Policies adopted by the Mayor and Common Council of the city of San Bernardino, be approved and ratified. WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (5) Jeff Wright, P. O. Box 2341, San Bernardino, CA, requested that the title of each resolution and ordinance be read at the time the item is being considered. 7 5-2-94 COUNCIL MEMBER HERNANDEZ EXCUSED At 10:10 a.m., Council Member Hernandez left the Council meeting. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas, be waived. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 8.69.090 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE PROHIBITION OF THE POSSESSION BY JUVENILES OF MARKER PENS AND SPRAY CAN TIPS. First (6) Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed concern that the public needs to be more informed and felt that the proposed change should have been advertised. CITY ATTORNEY PENMAN EXCUSED At 10:12 a.m., City Attorney Penman left the Council meeting and was replaced by Deputy City Attorney Roth. COUNCIL MEMBER HERNANDEZ RETURNED At 10:14 a.m., Council Member Hernandez returned to the Council meeting and took his place at the council table. Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that said ordinance be laid over for final adoption. ORD. MC-903 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 3.04.125 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO LOCAL BID PREFERENCE. Final (7) Council Member Oberhelman made a motion, seconded by council Member Pope-Ludlam, that said ordinance be adopted. (Note: The vote was taken after discussion.) A discussion was held regarding the possibility of businesses establishing an office within the City in an effort to take advantage of the one (1) percent local bid preference. Ordinance No. MC-903 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. AUTHORIZE SALARY INCREASE - SECURITY OFFICER & ASSISTANT SECURITY SUPERVISOR DOWNTOWN PARKING DISTRICT FACILITIES MANAGEMENT DIVISION (8) 8 5-2-94 In a memorandum dated April 25, 1994, James Sharer, Facilities Manager, stated that due to the difficulties in recruiting qualified personnel at the current salary rates, he is requesting that an increase be authorized for the positions of Security Officer and Assistant Security Supervisor. There would be no impact to the General Fund since these positions are funded through the Parking District Fund. At its meeting of April 25, 1994, the Personnel Committee recommended approval of the proposed salary increases. Discussion ensued regarding whether or not the matter had been heard before the Central City Parking Place Commission; and whether the requirements of the positions could be changed to enable the hiring of private firms. Council Member Hernandez made a motion that a salary increase be granted for the following part-time parking district positions: Assistant Security Supervisor (Step 1 $12. 62/hr, Step 2 $13.80/hr., Step 3 - $14.98/hr., Step 4 - $16.18/hr and step 5 - $17.36/hr.) and Security Officer (Step 1 - $11.84/hr., Step 2 - $12.79/hr., Step 3 - $13.43/hr., Step 4 - $14.21/hr. and Step 5 - $14.98/hr.); and that the Director of Personnel be authorized to update Resolution No. 6413, section Thirteen, accordingly. The motion failed for lack of a second. A discussion was held regarding the possibility of privatization. Council Member Hernandez made a motion, seconded by Council Member Devlin, that a salary increase be granted for the following part-time 'parking district positions: Assistant Security Supervisor (step 1 - $12.62/hr, Step 2 - $13.80/hr., Step 3 - $14.98/hr., Step 4 $16.18/hr and Step 5 $17.36/hr.) and Security Officer (Step 1 - $11.84/hr., step 2 - $12.79/hr., step 3 - $13.43/hr., Step 4 - $14.21/hr. and Step 5 - $14.98/hr.); and that the Director of Personnel be authorized to update Resolution No. 6413, section Thirteen, accordingly. The motion carried by the following vote: Ayes: Members Negrete, Hernandez, Devlin, Pope-Ludlam, Miller. Council Members Curlin, Oberhelman. Absent: None. Council Nays: RES. 94-104 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE NATIONAL COUNCIL OF NEGRO WOMEN, INCORPORATED, RELATIVE TO FINE ARTS FUNDING. (9) Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. (Note: The vote was taken after discussion.) 9 5-2-94 Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired as to how the amendment affected the original dollar amount. Mayor Minor explained that the Civic Light Opera had canceled one of the productions originally scheduled, and the National Council of Negro Women, Inc., is requesting authorization to apply the original allocation toward a substitute performance. Gary Kirby, 1505 Yardley, San Bernardino, CA, inquired as to the members of the Fine Arts Commission, and whether or not it was a standard practice that the commissioners receive free tickets to performances. Resolution No. 94-104 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. CONSENT - SAN BERNARDINO COUNTY - RESOLUTION OF INTENTION TO ESTABLISH A BENEFIT ASSESSMENT DISTRICT - IMPROVE SAN TIMOTEO CREEK CHANNEL (10) In a memorandum dated April 7, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that the U. S. Army Corps of Engineers have been working on its Santa Ana River project and has recently included the improvement of San Timoteo Creek. The San Timoteo Creek portion has been divided into the following reaches: 1) Santa Ana River to 1-10 Freeway, 2) 1-10 Freeway to Anderson Street and 3) Anderson Street to Alabama Street. The entire first reach and a small portion of the second is within the City limits of San Bernardino. Plans are being prepared for the first reach, and the Corps expects to be ready to advertise for bids by the middle of May 1994. A local agency financing plan would need to be established prior to advertising for bids. The total estimated costs for Reach No.1 is $5,781,000, of which the local agencies would be required to finance $1,646,000. Costs for right-of-way utility relocations and other items would be counted toward the local matching share. Reach No. One is located in Flood Control District Zone III which has limited funds. Consequently, the District feels that a Benefit Assessment District would need to be established to finance the unfunded portion of the local agency share. Although the County has the authority to establish such a district, they are requesting concurrence by the affected cities. Adoption of a Resolution of Intention would allow the Flood Control District to pursue the services of an assessment engineer for preparation of the Engineer's Report. The cities involved would have an opportunity to review and concur with the Engineer's Report prior to action by the Board to establish a district. 10 5-2-94 council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that consent be given for adoption of a Resolution of Intention by the Board of Supervisors relative to the establishment of a Benefit Assessment District to finance the unfunded portion of the local agency share of the U. S. Army corps of Engineers' project to improve the San Timoteo Creek Channel. CONSTRUCT TRAFFIC ARROWHEAD AVENUE - TRANSFER OF FUNDS DIVERTER 17TH STREET, WEST OF APPROVE PLANS, ADVERTISE FOR BIDS & (11) In a memorandum dated April 21, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for the construction of a traffic diverter on 17th Street, west of Arrowhead Avenue, have been prepared and the project is ready to be advertised for bids. The project would close off 17th Street to through traffic and would consist of extending curb, gutter and sidewalk along the west side of Arrowhead Avenue. In order to avoid additional maintenance, hardscape improvements would be installed between the new curb and sidewalk. During the review by the city's Environmental Review Committee, the project was found to be exempt from the California Environmental Quality Act. However, the Fire Department noted that the spacing between the existing fire hydrants on the southwest corner of "D" and 17th Streets and the northwest corner of 17th Street and Arrowhead Avenue is about 660 feet, while their standard spacing is 500 feet. Consequently, a fire hydrant would need to be installed which is estimated at $13,640. The total estimated project cost is $34,000. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, that the plans for construction of a traffic diverter on 17th Street, west of Arrowhead Avenue, in accordance with Plan No. 9105, be approved; that the Director of Public Works/City Engineer, be authorized to advertise for bids; and that the transfer of $9,000, from Account No. 129-309-57739, "Congestion Management Model, II to Account No. 129-309-57495, "17th Street, west of Arrowhead Avenue, II be approved. Concern was expressed about the need for the construction of the cul-de-sac. The motion carried by the following vote: Ayes: Members Negrete, curlin, Hernandez, Devlin, Pope-Ludlam, Nays: Council Member Oberhelman. Absent: None. council Miller. 11 5-2-94 WIDEN BRIDGES - KENDALL DRIVE & CAJON BOULEVARD - DEVIL'S CANYON CHANNEL - APPROVE PLANS & ADVERTISE FOR BIDS (12) In a memorandum dated April 20, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for widening the Kendall Drive and Cajon Boulevard bridges over the Devil's Canyon Channel have been prepared by a consulting engineer, and the project is ready to be advertised for bids. The project consists of a basic bid for widening the Kendall Drive bridge to match the approach roadways, and the total estimated cost is $695,000. Additive Alternative "A" for widening the Cajon Boulevard bridges will be included in the contract documents. The estimated contract cost for Additive Alternate "A" is $301,802. A total amount of $800,000 has been allocated. If sufficient funds are available, Additive Alternate "A" would be included in the contract award. Council Member Oberhelman made a motion, seconded by council Member Devlin, that the plans for widening the Kendall Drive and Cajon Boulevard bridges over Devil's Creek Channel, in accordance with Plan No. 8813, be approved; and that the Director of Public Works/City Engineer, be authorized to advertise for bids. (Note: The vote was taken after discussion.) Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding the widening of the Kendall Drive and Cajon Boulevard bridges over Devil's Canyon Channel and the costs associated with the project. Council Member Curlin made a substitute motion, seconded by Council Oberhelman, that the matter be continued to May 16, 1994, in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. Council Member Oberhelman withdrew his second. The substitute motion failed for lack of a second. Discussion ensued regarding the continuance of the matter and the affect it could have on the application for reimbursement from the Federal government. Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed concern that the item should not have been placed on the consent calendar because of the costs associated with the project. Council Member Oberhelman made a motion, seconded by council Member Pope-Ludlam, and unanimously carried, that the plans for widening the Kendall Drive and Cajon Boulevard bridges over Devil's Creek Channel, in accordance with Plan No. 8813, be approved; and that the Director of Public Works/City Engineer, be authorized to advertise for bids. 12 5-2-94 STREET IMPROVEMENTS - 9TH & WILSON STREETS - APPROVE PLANS & ADVERTISE FOR BIDS (13) In a memorandum dated April 20, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that the plans for the construction of street improvements at 9th and Wilson Streets have been prepared, and the project is ready to be advertised for bids. The project consists of removing the two cross gutters within the south half of 9th street, construction of one common cross gutter to improve riding qualities, replacement of a section of the easterly cross gutter within the north half of 9th Street and repairing the failed area of paving. The total estimated project cost is $10,700. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the plans for construction of street improvements at 9th street and Wilson Street, in accordance with Plan No. 9117, be approved; and that the Director of Public Works/City Engineer, be authorized to advertise for bids. RECESS MEETING At 10:41 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 10:48 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 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; Deputy City Attorney Roth; City Clerk Rachel Clark; city Administrator Shauna Clark. Absent: Council Members Curlin, Miller. RES. 94-105 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN SAID CITY AND THE NATIONAL ORANGE SHOW, A NON-PROFIT ORGANIZATION CONCERNING THE PROVISION OF LAW ENFORCEMENT AND SECURITY SERVICES AT THE NATIONAL ORANGE SHOW DURING THE 1994 EXPOSITION. (16) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 94-105 was adopted by the following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: None. Absent: Council Members Curlin, Miller. 13 5-2-94 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 94-46 RELATING TO TIME LIMITS FOR THE PUBLIC TO ADDRESS THE MAYOR AND COMMON COUNCIL. (Discussed later in the meeting) (See paqe 27) (17) Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the matter be referred to the Legislative Review Committee. COUNCIL MEMBER MILLER RETURNED At 10:49 a.m., Council Member Miller returned to the Council meeting and took her place at the council table. RES. 94-106 - RESOLUTION OF THE MAYOR AND COMMON OF THE CITY OF SAN BERNARDINO OPPOSING THE ASSISTANCE" INITIATIVE. COUNCIL "RENTAL (18) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 94-106 was adopted by the following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Curlin. ESTABLISH SENIOR PLAN CHECKER POSITION BUILDING SERVICES DEPARTMENT - PLANNING & (19) In a memorandum dated April 21, 1994, Al Boughey, Director of Planning & Building Services, stated that the purpose of the Senior Plan Checker position would be to provide enhanced plan check services relating to projects of economic and/or redevelopment needs of the City and the Economic Development Agency. Therefore, there would be no impact to the General Fund since funding for the position would come from the Master Services Agreement established with the Economic Development Agency. The establishment of this position would allow the department to expeditiously process and review projects of high priority, improve overall customer service and provide information relative to permits and plans. As a result of two meetings of the Council Personnel Committee being canceled, the Chairman recommended that the item be forwarded to the Mayor and Council for action. Concern was expressed as to whether the position would be filled from within the department or if it would be open for recruitment. Al Boughey, Director of Planning & Building Services, stated that the recruitment for the position would be advertised to outside parties and promotional to City employees. 14 5-2-94 council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the position of Senior Plan Checker at Salary Range 2400, $3,261 - $3,964 per month, be established; and that the Personnel Department be directed to update Resolution No. 6413, section Eleven, to reflect this particular action. RES. 94-107 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE SECOND AMENDMENT TO AGREEMENT WITH URS CONSULTANTS, INC. RELATING TO THE PROVISION OF PROFESSIONAL ENGINEERING SERVICES FOR THE IMPROVEMENT OF TIPPECANOE/DEL ROSA AVENUE AND "C" STREET. (20) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed concern regarding the uprooting of the oak trees located on "C" Street. COUNCIL MEMBER CURLIN RETURNED At 10:55 a.m., Council Member Curlin returned to the Council meeting and took his place at the council table. Resolution No. 94-107 was adopted by the following vote: Ayes: Council Members Negrete, Curl in, Hernandez, Oberhelman, DeVlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-108 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE OF A QUITCLAIM EASEMENT FROM THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR A PORTION OF THE SMALL CANYON CHANNEL ALONG THE NEW PIEDMONT DRIVE ALIGNMENT. (21) Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 94-108 was adopted by the following vote: Ayes: Council Members Negrete, Curl in, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-109 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A COMMON USE AGREEMENT WITH THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR STREET WIDENING AND OTHER IMPROVEMENTS, ACROSS PORTIONS OF DEVIL CREEK DIVERSION CHANNEL ACROSS BOTH CAJON BOULEVARD AND KENDALL DRIVE RIGHT-OF-WAY. (22) Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. 15 5-2-94 Resolution No. 94-109 was adopted by the following vote: Ayes: Council Members Negrete, Curl in, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. DEPUTY CITY ATTORNEY ROTH EXCUSED At 10:58 a.m., Deputy City Attorney Roth left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. CITY ADMINISTRATOR SHAUNA CLARK EXCUSED At 10: 58 a. m., ci ty Administrator Shauna Clark left the Council meeting. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 10:58 a.m., Chairman Minor called the regular meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. SET PUBLIC HEARING - MAY 16, 1994 - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING - FISCAL YEAR 1994/95 (R-2) In a memorandum dated April 25, 1994, Kenneth J. Henderson, Executive Director, Economic Development Agency/Development Department, stated that at its February 7, 1994 meeting, the Mayor and Council approved and adopted the Fiscal Year 1994/95 Community Development Block Grant (CDBG) program mix and objectives and authorized staff to solicit proposals. Proposals were solicited from February 8, 1994 through March 22, 1994, and a total of 110 proposals were received. The Community Development citizen Advisory Committee (CDCAC) has reviewed the proposals and made recommendations for funding based upon public services and capital improvements. Consequently, staff requests that a public hearing be set for May 16, 1994 at 3:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to consider the recommendations. Council Member Hernandez made a motion, seconded by council Member Oberhelman, and unanimously carried, that May 16, 1994 at 3:00 p.m., be established as the date and time for the Fiscal Year 1994/95 Community Development Block Grant public hearing for consideration of various proposals requesting Community Development Block Grant financial assistance for the period beginning July 1, 1994 and ending June 30, 1995. MAYOR MINOR EXCUSED At 11:30 a.m., Mayor Minor left the Council meeting, and the duties of Vice-Chairman were assumed by Council Member Devlin. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At this time, the Mayor and Common Council, acting as the Community Development commission, took action on Community Development Commission items. 16 5-2-94 RECESS MEETING At 11:58 a.m., the regular meeting of the Community Development Commission recessed to a luncheon workshop in the Economic Development Agency Board Room, 201 North liE" Street, San Bernardino, California, to discuss the schematic design of the State consolidated offices and the Caltrans building. RECONVENE MEETING - LUNCHEON WORKSHOP - APPROVE SCHEMATIC DESIGN - STATE CONSOLIDATED OFFICES & CALTRANS BUILDING (R-11) At 12:24 p.m., the Mayor and Common Council reconvened in the Economic Development Agency Board Room, 201 North liE" Street, San Bernardino, California, to discuss the schematic design of the State consolidated offices and the Caltrans building. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Vice-Chairman Devlin; Council Members curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam; Senior Assistant City Attorney Barlow; City Clerk Rachel Clark; city Administrator Shauna Clark. Absent: Council Members Negrete, Miller. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At this time, the Mayor and Common Council, acting as the Community Development Commission, took action on Community Development Commission items. RECESS LUNCHEON WORKSHOP At 1:26 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. RECONVENE MEETING At 2:01 p.m., Mayor Pro Tem Devlin reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of city Hall, 300 North liD" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Pro Tern Devlin; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam; Deputy City Attorney Empeno; City Clerk Rachel Clark. Absent: Council Member Miller, city Administrator Shauna Clark. PUBLIC HEARING DEVELOPMENT AGREEMENT VARIANCE NO. 93-07 - STUBBLEFIELD ACCESS CONTINUED FROM APRIL 4, 1994 NO. 93-01 AGREEMENT - (27) 17 5-2-94 This is the time and place continued to conduct a public hearing on Development Agreement No. 93-01 and variance No. 93-07 to establish and vest the ownership use and maintenance responsibilities of a primary access road, a non-standard secondary access route (based on the concurrent adoption of Development Code Amendment No. 93-05) and the use of a pipe arch culvert as an emergency access route and equestrian trail. Mayor Pro Tern Devlin opened the hearing. Al Boughey, Director of Planning & Building Services, provided a synopsis of the action taken relative to Development Agreement No. 93-01 and Variance No. 93-07. council Member Oberhelman made a motion that the matter be continued to June 6, 1994, in the Council Chambers of city Hall, 300 North liD" Street, San Bernardino, California; and that the Director of Planning & Building Services be directed to hold a meeting with the affected parties to address the issues that were raised at the April 4th council meeting. The motion failed for lack of a second. Jeff Wright, P. O. Box 2341, San Bernardino, CA, objected to the approval of Development Agreement No. 93-01 and variance No. 93-07. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that the matter be continued to June 6, 1994, in the Council Chambers of City Hall, 300 North liD" Street, San Bernardino, California. The motion failed by the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin. Nays: Council Members Curlin, Hernandez, Pope-Ludlam. Absent: Council Member Miller. Dennis Johnson, land owner near the affected property, requested that the matter be continued, and that a workshop be held with the City of Highland to address the proposed development. A discussion was held regarding the purpose for a continuance. Mark A. Ostoich, Gresham, varner, Savage, Nolan & Tilden, 600 N. Arrowhead Avenue, suite 300, San Bernardino, CA, representing the applicant, requested that action be taken today in connection with Development Agreement No. 93-01 and variance No. 93-07; and answered questions regarding the proposed development. Roger Hardgrave, Director of Public works/city Engineer, answered questions regarding the possibility of a potential hazard as a result of not having a secondary route of access. 18 5-2-94 Warner Hodgdon, Heart Bar Ranch, Arrowhead Springs, Post Office Box 2146, San Bernardino, CA, presented for the record two letters dated May 1 and May 2, 1994, concerning the proposed development; and stated that on April 11, 1994, he met with Al Boughey, Director of Planning & Building services and Roger Hardgrave, Director of Public Works/City Engineer, to address the issues that were previously raised. He stated that he obtained a quote of $342,658 from W. J. McKeever Inc., for the construction of a tunnel, transition road and the Route 330 traffic transition. Mr. Hodgdon offered to contribute $100,000 towards the construction costs, and stated that if 87 units were built, it would cost approximately $2,780 per unit. He expressed objection to the substandard improvements that Development Agreement No. 93-01 and Variance No. 93-07 would allow. Director Boughey explained that 60 units were the maximum amount that could be built. John Stubblefield, Stubblefield Development, 2258 Bradford Avenue, Highland, CA, stated that if they were allowed to build 60 units and the costs for each did not exceed $3,000 to bring the streets up to standard, and if Mr. Hodgdon would be willing to contribute $100,000; he would have no objection to the construction of the improvements, as recommended by Warner Hodgdon. Discussion ensued relative to the recommended improvements, Development Agreement No. 93-01, variance No. 93-07 and the maximum number of units that could be built within the Residential Suburban, RS, land use designation. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that the matter be continued to May 16, 1994, in the Council Chambers of City Hall, 300 North liD" Street, San Bernardino, California; and that staff be directed to meet with Mr. Hodgdon and Mr. Stubblefield to address the issues of maximum density for construction of 65 units, land use designation of Residential Suburban, RS; a 25 year period for development and construction of a28 foot wide secondary route of access. (Note: There was no vote taken.) A discussion was held regarding a secondary route of access. Council Member Pope-Ludlam withdrew her second. The motion failed for lack of a second. Discussion continued relative to the recommended improvements, Development Agreement No. 93-01 and Variance No. 93-07. 19 5-2-94 council Member Hernandez made a motion, seconded by Council Member Oberhelman, that the matter be continued to May 16, 1994, in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California; and that staff be directed to prepare the proposed language which would resolve the issues that were raised. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin. Nays: Council Member Pope-Ludlam. Absent: Council Member Miller. APPEAL - PLANNING COMMISSION'S DENIAL - VARIANCE NO. 93- 11 - OFF-FREEWAY SIGN - INNOVATIVE GRAPHICS, INC. SCOTTISH RITE TEMPLE PROPERTY - CONTINUED FROM MARCH 21, 1994 (28) This is the time and place continued to consider an appeal of the Planning Commission's denial of Variance No. 93-11 to construct an off-freeway sign on the Scottish Rite Temple property located between Interstate 215 and Varsity Avenue, on the west side of University Parkway. Mayor Pro Tern Devlin opened the hearing. Al Boughey, Director of Planning & Building Services, provided a synopsis of the action taken relative to Variance No. 93-11. Karl N. Haws, Mundell, OdIum & Haws; Attorneys at Law, 275 West Hospitality Lane, suite 300, San Bernardino, CA, representing the Scottish Rite Temple and Hughes Markets, stated that the legal issues have been resolved, and requested approval of Variance No. 93-11. Deputy city Attorney Empeno confirmed that the legal issues had been resolved, and stated that approval of the Variance would be a policy issue. Director Boughey explained the current applications to the Development Code. Roger Hughes, Chairman of the Board of Directors, Markets, answered questions regarding the possible financial to the city if Variance No. 93-11 was denied. Hughes impact A discussion was held regarding off-site advertising and the Planning Commission's denial of Variance No. 93-11. Council Member Pope-Ludlam made a motion that the matter be referred to the Legislative Review Committee and brought back to the Mayor and Council meeting of May 16, 1994, in the Council Chambers of city Hall, 300 North "D" Street, San Bernardino, California. 20 5-2-94 The motion failed for lack of a second. Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed support for the construction of the off-site freeway sign. Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA, expressed opposition to Variance No. 93-11. Council Member Pope-Ludlam made a motion, seconded by council Member Curlin, that the matter be referred to the Legislative Review Committee and be brought back to the Mayor and Council meeting of May 16, 1994, in the Council Chambers of city Hall, 300 North "D" street, San Bernardino, California. The motion carried by the following vote: Ayes: Council Members Negrete, curlin, Hernandez, Oberhelman, Pope-Ludlam. Nays: Council Member Devlin. Absent: Council Member Miller. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 93-01 - MODIFY CENTRAL CITY SOUTH PLAN - REMOVE PLAN SOUTH OF MILL STREET, BETWEEN INLAND CENTER DRIVE & 1-215 REDESIGNATE TO COMMERCIAL GENERAL (CG-l), INDUSTRIAL LIGHT (IL) & PUBLIC FLOOD CONTROL (PFC) - TAKEN IN CONJUNCTION WITH ITEM 29B (29A) In a memorandum dated April 13, 1994, Al Boughey, Director of Planning & Building Services, stated that staff is recommending an amendment to the General Plan (Central City South Plan) which would change the General Plan Land Use Map by designating portions of the Central City South-l (CCS-l) District in the Central City South (CCS) Plan area to IL, Industrial Light, and CG-l, Commercial General-1, and removing this portion of land from the Central City South Plan. The amendment would affect the area south of Mill Street, northwest of Inland Center Drive and east of 1-215. Due to the General Commercial land use designation which currently exists within the Central City South Plan, the reuse and expansion of existing light industrial facilities in the study area is not permitted. Consequently, the amendment would permit the development of equal intensity commercial uses and low intensity industrial uses that would be compatible with the surrounding uses. The initial study was completed and no comments were received. At its meeting of January 6, 1994, the Environmental Review Committee reviewed the proposed amendment and a negative declaration was recommended. The Planning commission at its meeting of April 5, 1994, recommended that the negative declaration be adopted and that General Plan Amendment No. 93-01 be approved, based upon the findings of fact. Mayor Pro Tern Devlin opened the hearing. 21 5-2-94 NOTE: Items 29A and 29B were discussed simultaneously; however, for clarity, the minutes will reflect that action was separately taken. Al Boughey, Director of Planning & Building Services, provided a synopsis of the action taken relative to General Plan Amendment No. 93-01. council Member Curlin announced that he owns property within the area and would be abstaining from any action taken. Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired as to whether there was any proposed development. Paul Toomey, Consultant, explained that there is currently no proposal for development. Jeff Wright asked if any of the businesses currently established would be affected by the change. COUNCIL MEMBER CURLIN EXCUSED At 3:45 p.m., Council Member Curlin left the council meeting. Discussion ensued relative to the uses that would be allowed if the proposed changes were approved. Phil Oberhans, Retail Delivery Systems (property owner within the affected area), expressed support for Development Plan Amendment No. 93-01. RES. 94-110 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING A NEGATIVE DECLARATION; ADOPTING FINDINGS; AND ADOPTING GENERAL PLAN AMENDMENT NO. 93-01 TO AMEND THE GENERAL PLAN LAND USE PLAN MAP AND TEXT. (29A) Council Member Member Pope-Ludlam, relative to General Oberhelman made a motion, seconded by and unanimously carried, that the Plan Amendment No. 93-01, be closed. Council hearing Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that the Mayor and Council adopt said resolution which adopts the negative declaration and approves General Plan Amendment No. 93-01. Resolution No. 94-110 was adopted by the following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Devl in, Pope-Ludlam. Nays: None. Absent: Council Members Curlin, Miller. 22 5-2-94 PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 93-03 CHANGE LAND USE DESIGNATION - RESIDENTIAL MEDIUM (RM) TO COMMERCIAL REGIONAL - DOWNTOWN (CR-2) - 0.55 ACRE SITE - SOUTHWEST CORNER OF SIXTH STREET & NORTH "F" STREET - TAKEN IN CONJUNCTION WITH ITEM 29A (29B) In a memorandum dated April 13, 1994, Al Boughey, Director of Planning & Building Services, stated that the applicant, Lenny Carlito, has requested that the land use designation RM, Residential Medium, be changed to CR-2, Commercial Regional Downtown, on a 0.55 acre site located at the southwest corner of North "F" street and 6th street. There is currently a medical facility located on the property which is non-conforming. Approval of General Plan Amendment No. 93-03 would bring the use into compliance and would allow a west expansion of 40 feet. An initial study was prepared by staff, and at its meeting of November 18, 1993, the Environmental Review Committee recommended a negative declaration. The proposed negative declaration and initial study were available for public review from November 24, 1993 to December 16, 1993, and no comments were received. On March 22, 1994, the Planning commission recommended that the negative declaration be adopted and that General Plan Amendment No. 93-03 be approved. Mayor Pro Tern Devlin opened the hearing. Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA, asked what was the purpose for the Public Flood control (PFC) land use designation, and whether construction of any new public facilities was planned. Consultant Paul Toomey explained that there is currently a public flood control and the change would conform its use. Lenny Carlito, 167 Manchester Lane, San Bernardino, CA, explained that the purpose of General Plan Amendment No. 93-03 is to allow for the expansion of the medical facility. Marian Bockridge, property owner located across the street from the doctor's office, expressed concern as to why was not she notified. Director Boughey explained that notification was given to property owners of record within 500 feet. RES. 94-111 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 93-03 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (29B) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the hearing relative to General Plan Amendment No. 93-03, be closed. 23 5-2-94 council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted which adopts the negative declaration and approves General Plan Amendment No. 93-03. Resolution No. 94-111 was adopted by the following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Devl in, Pope-Ludlam. Nays: None. Absent: council Members Curlin, Miller. COUNCIL MEMBER CURLIN & CITY ADMINISTRATOR CLARK RETURNED At 3:52 p.m., Council Member Curlin and City Administrator Shauna Clark returned to the council meeting and Council Member Curlin took his place at the council table. WAIVE FEE GUADALUPE FIELD & FACILITIES GUADALUPE YOUTH LEAGUE $691 (S-2) In a memorandum dated April 26, 1994, Annie Ramos, Director of Parks, Recreation & Community Services, stated that the Guadalupe Youth League is sponsoring three fundraising softball tournaments at Guadalupe field to benefit the Guadalupe Little League; and has requested a waiver of fees in the amount of $691. In the interest of providing a positive activity to assist the youth within our community, the League meets the qualifications for having the fees waived; however, the damage bond and clean-up deposits which total $1,750, would still be imposed. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the request to waive fees for use of Guadalupe field and facilities by Guadalupe Youth League in the amount of $691, be approved. RES. 94-112 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF QUITCLAIM DEEDS FOR DRAINAGE PURPOSES FROM THE CITY OF SAN BERNARDINO TO THE ADJOINING PROPERTY OWNERS FOR PORTIONS OF THE SMALL CANYON CHANNEL ALONG THE NEW PIEDMONT DRIVE ALIGNMENT, IN EXCHANGE FOR SLOPE EASEMENTS OVER THE EASTERLY 25 FEET THEREOF FROM THESE SAME PROPERTY OWNERS. (S-3) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA, expressed concern regarding the granting of the slope easements. Resolution No. 94-112 was adopted by the following vote: Ayes: Council Members Negrete, Curl in, Hernandez, Oberhelman, DeVlin, Pope-Ludlam. Nays: None. Absent: Council Member Miller. 24 5-2-94 COUNCIL MEMBER At 3:55 p.m., meeting. HERNANDEZ EXCUSED Council Member Hernandez left the Council RES. 94-113 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A COMMON USE AGREEMENT WITH THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR STREET WIDENING AND OTHER IMPROVEMENTS, ACROSS PORTIONS OF MILL BASIN (SOUTHWEST CORNER OF MILL STREET AND MERIDIAN AVENUE) RIGHT-OF-WAY. (23) Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 94-113 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Pope- Ludlam. Nays: None. Absent: Council Members Hernandez, Miller. COUNCIL MEMBER HERNANDEZ RETURNED At 3:57 p.m., Council Member Hernandez returned to the council meeting and took his place at the council table. AUTHORIZE COST PARTICIPATION - EXTENSION OF SEWER SYSTEM - TENTATIVE PARCEL MAP NO. 14396 - ACRE LANE, SOUTH OF 40TH STREET - CONTINUED FROM APRIL 18, 1994 (24) This is the time and place continued to consider authorizing the participation in costs for the extension of the sewer system relative to Tentative Parcel Map No. 14396 located on Acre Lane, south of 40th Street. Concern was expressed regarding the need for the sewer extension and the costs associated with the project. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 3:59 p.m., Deputy City Attorney Empeno left the Council meeting and was replaced by Deputy City Attorney Roth. Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding the proposed extension of the sewer system. A discussion was held relative to the feasibility for the extension of the sewer system. Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that the matter be tabled. (Note: There was no vote taken.) Director Hardgrave explained that he needs to notify the developer and he would prefer a definite answer rather than the action to table the matter. 25 5-2-94 by of Council Member Oberhelman Council Member pope-Ludlam, the sewer system be denied. made a substitute motion, seconded that the request for the extension (Note: There was no vote taken.) Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed opposition to the proposed sewer system extension. Council Member Oberhelman made a motion, seconded by Council Member Curlin, and unanimously carried, that said expenditure be denied. AUTHORIZATION TO PROCEED NAME STREETS - NORTON AIR FORCE BASE - 18, 1994 CHANGES OF VARIOUS CONTINUED FROM APRIL (25) This is the time and place continued to consider authorizing name changes of various streets within Norton Air Force Base. In a memorandum dated April 26, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that at the April 18th Council meeting, the matter was continued because there was a question as to whether one of the streets would be named in memory of Art Townsend. He references a letter dated April 25, 1994, from the Inland Valley Development Agency, wherein they wish to set aside four names to be designated in the future, one of which is Art Townsend Drive or Townsend Drive. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the Real Property section of the Public Works/Engineering Department be authorized and directed to proceed with changing the names of 7th Street to Norton Way, 6th Street to Del Rosa Avenue, "A" Street to Villasenor Boulevard, "c" Street to Sheppard Boulevard and 102nd Street to Victoria Avenue. RECESS MEETING At 4:07 p.m., Mayor Pro Tern Devlin declared a five-minute recess. RECONVENE MEETING At 4:17 p.m., Mayor Pro Tern Devlin 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 Pro Tern Devlin; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin; city Attorney Penman; city Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Members Pope-Ludlam, Miller. 26 5-2-94 CITY ATTORNEY'S OFFICE AUDIT - COMMITTEE - IMPLEMENTATION PLAN 18, 1994 REFERRAL BY PERSONNEL - CONTINUED FROM APRIL (26) This is the time and place continued to discuss the Personnel Committee's referral to the Mayor and Council of the implementation plan for the City Attorney's Office. A discussion was held regarding the continuance of said item. Council Member Hernandez made a motion, seconded Member Negrete, and unanimously carried, that the continued. (Note: There was no date specified.) by Council matter be COUNCIL MEMBER At 4:19 p.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the CITY ADMINISTRATOR SHAUNA CLARK EXCUSED At 4:19 p.m., City Administrator Shauna Clark left the Council meeting. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 4:19 p.m., Vice-Chairman Devlin called the regular meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North liD" Street, San Bernardino, California. At this time, the Mayor and Common council, Community Development Commission, took action Development Commission items. acting as the on Community CITY ATTORNEY PENMAN EXCUSED At 4:25 p.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. 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). ~~ Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the matter be continued to June 6, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONSIDER - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 94- 46 RELATING TO TIME LIMITS FOR THE PUBLIC TO ADDRESS THE MAYOR AND COMMON COUNCIL. (Discussed earlier in the meeting) (See Page 14) (17) 27 5-2-94 This is the time and place set to reconsider the previous action taken relative to the adoption of said resolution. council Member Curlin made a motion, seconded by Council Member Hernandez, that the previous action taken to refer the matter to the Legislative Review Committee be reconsidered. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Devlin, Pope-Ludlam. Council Member Oberhelman. Absent: Council Member Miller. Council Nays: Discussion ensued relative to the recommendations made by the Legislative Review Committee regarding the proposed amendment to Resolution No. 94-46 relating to the time limits for the public to address the Mayor and Common Council. Council Member Curlin made a motion, seconded by Council Member Hernandez, that said resolution be adopted. (Note: There was no vote taken.) The following individuals expressed opposition to the proposed amendment which would allow the public to speak throughout a Council meeting for a maximum of 10 minutes: Jeff wright, P. O. Box 2341, San Bernardino, California. Jim Schlata, P. O. Box 2901, San Bernardino, California. Bob Nelson, SR-11, Summit, California. John Husing, a resident of San Bernardino, California. Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, California. Evelyn Kenny, a resident of San Bernardino, California. Discussion ensued regarding the adoption of said resolution. CITY ADMINISTRATOR CLARK RETURNED At 6:12 p.m., city Administrator Shauna Clark returned to the Council meeting. City Administrator Shauna Clark explained that the proposed amendment does not adequately reflect the intent of the Legislative Review Committee. Council Member Negrete made a substitute motion, seconded by Council Member Curlin, and unanimously carried, that the previous action taken to refer the matter to the Legislative Review Committee, be ratified. 28 5-2-94 ADJOURNMENT (30) At 6:20 p.m., the regular meeting of the Mayor and Common Council adjourned. The next meeting will be held on Monday, May 16, 1994, at 8:00 a.m., in the Council Chambers of city Hall, 300 North "D" street, San Bernardino, California. RACHEL CLARK City Clerk By: ? & ,,~-V~ (;f/'~/.'" . Suzanna Cordova Deputy City Clerk No. of Items: 46 No. of Hours: 10 29 5-2-94