Loading...
HomeMy WebLinkAbout05-16-1994 Minutes MINUTES MA YOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING MAY 16, 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 16, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller; City Attorney Penman, City Clerk Rachel Clark. Absent: Council Member Pope-Ludlam; City Administrator Shauna Clark. RECESS MEETING - CLOSED SESSION At 8:01 a.m., the Mayor and Common Council Commission recessed to closed session for the following: (1) and Community Development 1. Pursuant to Government Code Section 54956.9: (A) Conference with legal counsel - existing litigation: (1) Zoria Tyrakowska vs. City of San Bernardino - Ninth Circuit Court of Appeals Case No. 94-55137; (2) County of San Bernardino vs. City of Colton - Riverside Superior Court Case No. 242968; (3) Roias vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 06006; (4) Daub vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 01546; (5) City of San Bernardino vs. Gannett Outdoor Co. - San Bernardino Superior Court Case No. SCV 07036. 1 5/16/94 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, Miller; City Attorney Penman, City Clerk Rachel Clark. Absent: Council Member Pope-Ludlam; City Administrator Shauna Clark. Also present: Senior Assistant City Attorney Morillo, Deputy City Attorney Simmons, Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office; Fire Chief Wright. ASSISTANT CHIEF OF POLICE HARP & OFFICER KINSMAN ARRIVED At 8:04 a.m., Assistant Chief of Police Harp, and Officer Kinsman of the San Bernardino Police Department arrived at the closed session. CITY ADMINISTRATOR SHAUNA CLARK ARRIVED At 8:04 a.m., City Administrator Shauna Clark arrived at the closed session. COUNCIL MEMBER POPE-LUDLAM ARRIVED At 8:05 a.m., Council Member Pope-Ludlam arrived at the closed session. ASSIST ANT CHIEF OF POLICE HARP & OFFICER KINSMAN EXCUSED At 8: 10 a.m., Assistant Chief of Police Harp and Officer Kinsman left the closed session. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Vale read the titles of all the resolutions and ordinances on the regular, supplemental, addendum to the supplemental, and Community Development Commission agendas while the Council was in closed session. FIRE CHIEF WRIGHT EXCUSED At 8:40 a.m., Fire Chief Wright left the closed session. DEPUTY CITY ATTORNEY RHEMREV ARRIVED At 8:40 a.m., Deputy City Attorney Rhemrev arrived at the closed session. CITY ADMINISTRATOR SHAUNA CLARK EXCUSED At 8:42 a.m., City Administrator Shauna Clark left the closed session. DEPUTY CITY ATTORNEY SIMMONS EXCUSED At 8:43 a.m., Deputy City Attorney Simmons left the closed session. 2 5/16/94 ADJOURN CLOSED SESSION At 8:44 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 9:03 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. INVOCATION The invocation was given by Rev. Thomas Harvick, Central Christian Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Miller. ANNOUNCEMENT - MAYOR MINOR (3) Mayor Minor welcomed Ms. Barbara Henley's third grade class from Mountain View Christian School. PUBLIC COMMENTS - RENAISSANCE FAIRE TOWN CRIER(4) The Renaissance Faire Town Crier announced that the Festival of the Arrowhead would be held May 19 through 21, 1994, and that the City Hall Open House would be held on Thursday, May 19, 1994 from 12 noon to 5:00 p.m., in celebration of the 184th anniversary of the founding of the City of San Bernardino, and invited all residents to attend both events to be held on the Court Street Square. APPOINTMENT - EUGENE ALLENDER - CIVIL SERVICE BOARD - MAYOR MINOR (8-2) In a memorandum dated May 11, 1994, Mayor Minor recommended the appointment of Eugene Allender, 5450 Acacia Street, San Bernardino, CA, to the Civil Service Board. Council Member Devlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the appointment of Eugene Allender to the Civil Service Board, as requested by Mayor Minor, be approved. 3 5/16/94 PROCLAMATION - OPTIMIST BICYCLE SAFETY CAMPAIGN- MAY 1 - SEPTEMBER 30, 1994 (2) Ray Salvador, Administrative Assistant to the Mayor, read a proclamation declaring May 1 through September 30, 1994, as Optimist Bicycle Safety Campaign days in the City of San Bernardino. Bob Wilson, Traffic Safety Grant Coordinator, San Bernardino Police Department, accepted the proclamation. PROCLAMATION - NATIONAL RETIRED AND SENIOR VOLUNTEER PROGRAM DAY - MAY 19, 1994 (2-A) Ray Salvador, Administrative Assistant to the Mayor, read a proclamation declaring Thursday, May 19, 1994, as National Retired and Senior Volunteer Program Day in the City of San Bernardino. Annie Ramos, Director, and Debi Weeks, Retired Senior Volunteer Program (RSVP) Coordinator, Parks, Recreation and Community Services Department, accepted the proclamation. PROCLAMATION - BUCKLE UP AMERICA! WEEK - MAY 23 - 30, 1994 (2-B) Ray Salvador, Administrative Assistant to the Mayor, read a proclamation declaring the week of May 23 through 30, 1994, as Buckle Up America! Week in the City of San Bernardino. Sergeant Jenifer Kauffman of the San Bernardino Police Department, accepted the proclamation. CITY ATTORNEY PENMAN EXCUSED At 9: lOa. m., City Attorney Penman left the Council meeting and was replaced by Deputy City Attorney Roth. SERVICE PIN AWARD CEREMONY (2-C) Ray Salvador, Administrative Assistant to the Mayor, read the names of employees receiving service pin awards. Each employee received a service pin from Mayor Minor in gratitude of his/her many years of dedicated service to the City. 4 5/16/94 ANNOUNCEMENT - COUNCIL MEMBER DEVLIN (3-A) Council Member Devlin stated that he and his wife and Mark and Joan Murphy of Worcester, Massachusetts would like to welcome their new granddaughters Katelyn Marie and Kathleen Rose Murphy, twins, born May 9,1994 to Maureen and Owen Murphy. He stated that the girls are in the care of the neonatal staff at St. Bernardine's Hospital and are expected to go home in a few days. He expressed sincere thanks to the staff of St. Bernardine's Hospital for their care of the girls. ANNOUNCEMENT - COUNCIL MEMBER MILLER (3-B) Council Member Miller stated that as a part of the Festival of the Arrowhead and Open House events to be held May 19 through 21, 1994, students from San Bernardino High School would be conducting a mock council meeting on Thursday, May 19, 1994, from 10:00 a.m. to 12 noon, and introduced Davis Doty, who would be representing the Second Ward, and Craig Binnell, who would be representing the Fourth Ward at the mock council meeting. ANNOUNCEMENT - CITY ADMINISTRATOR SHAUNA CLARK (3-C) Shauna Clark, City Administrator, explained that notices for all landscape assessment districts have been mailed to the affected City residents and that most of the districts require an increase in the assessment to pay the costs of the landscaping provided. She also stated that a number of complaints have been received from residents concerning the quality of service in the landscape assessment districts. She stated that a plan has been developed to alleviate the concerns of the residents by empowering the residents in landscape assessment districts to control the services they pay for. This would be accomplished by establishing a system where the residents would select the contractor and monitor the work performed. The City would still establish minimum standards and facilitate the bid process, but the evaluation of the landscaper's performance and decisions regarding Iandscaper retention would be made by those residents paying for the services. The first step in this empowerment plan would be to select an assessment district wherein residents are willing to assume this role and use that district as a pilot project. PUBLIC COMMENTS - JEAN KENNEDY (4-A) Jean Kennedy, 4445 North Sierra Way, San Bernardino, CA, urged the Mayor and Council to hold one of its regularly scheduled council meetings of each month in the evenings so that more City residents could participate, and provided the City Clerk with a survey of area cities which supports her request. 5 5/16/94 PUBLIC COMMENTS - RONALD COATS (4-B) Ronald Coats, 25819 Date Street, San Bernardino, CA, urged the Mayor and Council to authorize the Fire Department to establish and operate an ambulance service. PUBLIC COMMENTS - HECTOR LUNA (4-C) Hector Luna, 1255 Reece Street, San Bernardino, CA, voiced opposition to the sale of alcohol at events held in La Plaza Park. PUBLIC COMMENTS - TERRY MOLL (4-D) Terry Moll, 6705 North Steven Way, San Bernardino, CA, voiced opposition to the proposed assessment increase in Assessment District No. 991 for landscaping maintenance in the Verdemont/Olive area. PUBLIC COMMENTS - JEFF WRIGHT (4-E) Jeff Wright, P. O. Box 2341, San Bernardino, CA, voiced opposition to the diagonal parking on "E" Street. PUBLIC COMMENTS - ROBERT CASTANEDA (4-F) Robert Castaneda, 1425 West 9th Street, San Bernardino, CA, stated opposition to the sale of alcohol at events held in La Plaza Park. AUTHORIZE ONE ADDITIONAL POSITION - POLICE SERGEANT - PATROL DIVISION - REPLACE POSITION ASSIGNED TO INLAND VALLEY DEVELOPMENT AGENCY FOR SECURITY SERVICES TO THE FORMER NORTON AIR FORCE BASE (8) In a memorandum dated May 9, 1994, Daniel Robbins, Chief of Police, stated that since January of 1994, a Police Sergeant position, P-3, has been assigned full-time to the Inland Valley Development Agency (IVDA) to provide security services to the former Norton Air Force Base. This has resulted in a Police Sergeant vacancy at the Police Department, and requested authorization to add one additional Police Sergeant's position to its table of organization to replace the Sergeant assigned to the Inland Valley Development Agency. The additional position would remain in the table of organization as long as the City and the Inland Valley Development Agency maintain their contractual arrangement. There would be no additional cost to the City as the position would be funded by the Inland Valley Development Agency. At its May 5, 1994 meeting the Personnel Committee approved the request for one additional Police Sergeant, P-3, position in the Police Department. 6 5/16/94 Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the addition of one Police Sergeant position be authorized in the Patrol Division, 212, to replace the position currently assigned to the Inland Valley Development Agency (IVDA) to provide security services to the former Norton Air Force Base (NAFB) property for the term of the Inland Valley Development Agency caretaker agreement; and further, that the appropriate documents be amended to reflect this action. WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (5) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that further reading of the titles of all resolutions and ordinances on the regular, supplemental, addendum to the supplemental, and Community Development Commission agendas, be waived. COUNCIL MINUTES (6) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the minutes of the following meeting of the Mayor and Common Council of the City of San Bernardino be approved as submitted in typewritten form: March 21, 1994. ORD. MC-904 - 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. Final (7) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said ordinance be adopted. Ordinance MC-904 was adopted by the following vote: Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam, Miller. Hernandez. Absent: None. Ayes: Nays: Council Members Council Member RES. 94-114 - 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. (9) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. 7 5/16/94 Resolution No. 94-114 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-115 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A WORKSITE AGREEMENT BETWEEN THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT SPECIAL EDUCATION DEPARTMENT AND THE CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT FOR PROVIDING WORKSITES FOR A SPECIAL EDUCATION CAREER AND VOCATIONAL TRAINING PROGRAM. (10) Council Member Hernandez made a motion, seconded by Council Member Curlin, that said resolution be adopted. Resolution No. 94-115 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-116 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WEST COAST ARBORISTS, INC. RELATING TO TREE TRIMMING SERVICES. (11) Council Member Oberhelman made a motion, seconded by Council Member Curlin, that said resolution be adopted. Resolution No. 94-116 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 10.52 OF THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH SPEED ZONES ON "E" STREET/KENDALL DRIVE BETWEEN THIRTIETH STREET AND REVERE A VENUE. First (12) Concern was expressed regarding the need for traffic control devices to slow the speed of vehicles traveling on Kendall Avenue from Revere Avenue through the transition to "E" Street at 30th Street. Council Member Devlin made a motion, seconded by Council Member Miller, that the matter be continued. (Note: There was no vote taken.) 8 5/16/94 Council Member Miller withdrew her second. The motion failed for lack of a second. Discussion ensued regarding the need for traffic control devices to slow the speed of vehicles traveling on Kendall Avenue from Revere Avenue through the transition to "E" Street at 30th Street, and what type of traffic control device would most effectively slow the speed of vehicles in this area. Jeff Wright, P. O. Box 2341, San Bernardino, CA, recommended that in order to slow traffic in this area that a sign be installed on "E" Street at 30th Street that reads "Caution Children At Play". Discussion continued regarding what type of traffic control device would most effectively slow the speed of vehicles in this area. Council Member Miller 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 "D" Street, San Bernardino, California. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: Council Member Hernandez. Absent: None. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 9:58 a.m., Council Member Pope-Ludlam left the Council meeting. RES. 94-117 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF SECOND AMENDMENT TO CONTRACT WITH ARROW POWER SWEEPING RELATING TO THE PROVISION OF SWEEPING SERVICES FOR THE CENTRAL CITY MALL PARKING SPACES. (13) Concern was expressed regarding the need to advertise for new bids in the current competitive economy rather than continue with existing contracts. Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding the contract period and costs. Jeff Wright, P. O. Box 2341, San Bernardino, CA, voiced opposition to the contract being funded from the City's General Fund, and recommended that funding come from the businesses located in the Carousel Mall. 9 5/16/94 Council Member Curlin made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 94-117 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Devlin, Miller. Nays: Council Member Oberhelman. Absent: Council Member Pope-Ludlam. 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 27, 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 May 5, 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. RECESS MEETING At 10:05 a.m., Mayor Minor declared a ten-minute recess. RECONVENE MEETING At 10: 15 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Deputy City Attorney Roth, City Clerk Rachel Clark. Absent: City Administrator Shauna Clark. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.72 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO SMOKING. (Discussed later in the meeting) (See Page 27) First (26) Discussion ensued regarding whether to take testimony on this matter at this time, or postpone the matter to later in the meeting. It was the consensus of the Council that those individuals present should be permitted to speak at this time, and that the matter then be postponed to later in the meeting to allow further testimony to be taken. 10 5/16/94 Harold Willis, 1033 North Waterman Avenue, Suite G, San Bernardino, CA, stated his support of the proposed amendment to Chapter 8.72. Tom Jones, 364 West Highland Avenue, San Bernardino, CA, voiced opposition to the proposed amendment to Chapter 8.72. Father Patricio Guillen, 912 North Mt. Vernon, San Bernardino, CA, urged approval of the proposed amendment to Chapter 8.72. CITY ADMINISTRATOR SHAUNA CLARK RETURNED At 10:25 a.m., City Administrator Shauna Clark returned to the Council meeting. Esther Jimenez, 1542 West Union Street, San Bernardino, CA, stated her support for the proposed amendment to Chapter 8.72. Jean Kennedy, 4445 North Sierra Way, San Bernardino, CA, voiced opposition to the proposed amendment to Chapter 8.72. The following individuals urged approval of the proposed amendment to Chapter 8.72: Kathrine Faulise, 2258 Bradford Avenue, Highland, CA, representing Stubblefield Construction Company. Dr. Linda Ferry, 37273 Oak Grove Road, Yucaipa, CA, from Lorna Linda University. Dr. Gary Ewing, 25590 Prospect, 13B, Lorna Linda, CA, from Lorna Linda University. Penny Mitchell, 441 MacKay Drive, San Bernardino, CA, representing the American Lung Association. Dr. Elizabeth Klonoff, California State University San Bernardino, 5500 University Parkway, San Bernardino, CA. John Opsahl, 12168 Mt. Vernon #90, Grand Terrace, CA. Timothy Prince, 354 East Sonora Street, San Bernardino, CA. Jeff Wright, P. O. Box 2341, San Bernardino, CA, voiced opposition to the proposed amendment to Chapter 8.72. Carolyn Williams, 1808 Genevieve Street, San Bernardino, CA, requested that she be allowed to speak during the afternoon portion of this item. 11 5/16/94 Rev. Jesse McKinney, Pastor of St. Stephen's Church, 1024 "G" Street, San Bernardino, CA, urged approval of the proposed amendment to Chapter 8.72. Dr. Denise Jackson, 1245 Country Place, Redlands, CA, from Lorna Linda University, stated her support for the proposed amendment to Chapter 8.72. It was the consensus of the Council that the matter be continued to later in the meeting. RECESS MEETING At 10:59 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 11:05 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 City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Deputy City Attorney Roth, City Clerk Rachel Clark. Absent: City Administrator Shauna Clark. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:05 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. RES. 94-118 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE ISSUANCE OF NOT TO EXCEED $10,000,000 SAN BERNARDINO JOINT POWERS AUTHORITY, TAX ALLOCATION BONDS, ISSUE OF 1994 (POLICE STATION FINANCING PROJECT) AND THE BORROWING BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO OF THE PROCEEDS THEREFROM PURSUANT TO THAT CERTAIN LOAN AGREEMENT. (R-6-A) RES. J-22 - RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $10,000,000 SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY TAX ALLOCATION BONDS. ISSUE OF 1994 (POLICE STATION FINANCING PROJECT), APPROVING THE FORM AND LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS THEREOF. (R-6-C) 12 5/16/94 Council Member Pope-Ludlam made a motion, seconded by Council Member Negrete, that said resolutions be adopted. Discussion ensued regarding the bond underwriting services provided by Miller and Schroeder, and the need to progress with the construction of the new Police Station so that the other components of the super block project could proceed. Timothy Steinhaus, Agency Administrator, Economic Development Agency, answered questions regarding the bond underwriting process and the qualifications of Miller and Schroeder, Bond Consultants. Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed concern regarding whether the new Police Station would be built to withstand a large earthquake. Resolution Nos. 94-118 and J-22 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Devlin, Pope-Ludlam, Miller. Nays: Council Member Oberhelman. Absent: None. RECESS MEETING At 11:54 a.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. RECONVENE MEETING At 2:04 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 City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Deputy City Attorney Empeno, City Clerk Rachel Clark. Absent: City Administrator Shauna Clark. PUBLIC HEARING - DEVELOPMENT AGREEMENT NO. 93-01 & VARIANCE NO. 93-07 - STUBBLEFIELD ACCESS AGREEMENT - CONTINUED FROM MAY 2, 1994 (28) This is the time and place continued to for a public hearing on Development Agreement No. 93-01 and Variance No. 93-07 relative to the Stubblefield Access Agreement. Mayor Minor opened the hearing. AI Boughey, Director of Planning and Building Services, explained the provisions and status of the proposed Stubblefield access agreement. 13 5/16/94 Discussion ensued regarding the provisions of the proposed Stubblefield access agreement relating to the term of the agreement, the number of single family units proposed to be constructed, the size of the lots, and the secondary access to the property, the intent of the proposed meeting with parties having concerns regarding the agreement, and whether it would be possible to facilitate an agreement between all the parties involved with the project. Council Member Oberhelman made a motion to continue the matter. The motion failed for lack of a second. Mark Ostoich, Gresham, Varner, Savage, Nolan and Tilden, 600 North Arrowhead Avenue, Suite #300, San Bernardino, CA, answered questions regarding the proposed access agreement, and urged approval of the agreement and variance. Discussion continued regarding provisions of the access agreement, and whether staff could facilitate an agreement between all parties involved with the proposed project. Director Boughey requested clarification on the purpose of the meeting to be held with the parties having concerns regarding the project. Council Member Oberhelman made a motion that the matter be continued to June 6, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California; that a meeting be held with the concerned parties; and that staff prepare the necessary amendments to the development agreement for presentation at the June 6, 1994 Council meeting. The motion failed for lack of a second. Discussion continued regarding the provisions of the proposed access agreement. Deputy City Attorney Empeno stated that the City Attorney's Office has concerns regarding the legality of the agreement. Discussion continued regarding the proposed access agreement. Mr. Ostoich stated that the Stubblefield Construction Company has pledged to fund a portion of the infrastructure improvements recommended by Mr. Hodgdon; however, expressed concern whether the project could proceed if Mr. Hodgdon is unable to complete his share of the proposed infrastructure improvements. Warner Hodgdon, Heart Bar Ranch, P. O. Box 2146, San Bernardino, CA, recommended that a meeting be held with all interested parties to resolve concerns regarding the proposed project; and presented to the City Clerk a letter dated May 16, 1994, stating his position on this matter. 14 5/16/94 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 "D" Street, San Bernardino, California. Council Member Devlin withdrew his second. The motion failed for lack of a second. Arnold Stubblefield, Stubblefield Construction Company, 2258 Bradford Avenue, Highland, CA, agreed to meet with the interested parties to resolve concerns regarding the proposed project. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF DEVELOPMENT AGREEMENT NO. 93-01. (Continued from May 2, 1994) (28) 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 "D" Street, San Bernardino, California. The motion carried by the following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Devlin, Miller. Nays: Council Members Curlin, Pope-Ludlam. Absent: None. APPEAL - PLANNING COMMISSION'S DENIAL - VARIANCE NO. 93-11 - OFF-FREEWAY SIGN - SCOTTISH RITE TEMPLE PROPERTY - CONTINUED FROM MAY 2, 1994 - DISCUSSED LATER IN THE MEETING - SEE PAGE 27 (29) This is the time and place continued to for an appeal ofthe Planning Commission's denial of Variance No. 93-11 to permit an off-site freeway sign for a proposed 11.44 acre community commercial shopping center. Mayor Minor opened the hearing. Fred McLaren, President of Hughes Market, 364 Emerald Drive, Lake Arrowhead, CA, explained the need for the proposed sign, and requested approval of Variance No. 93-11. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, to uphold the appeal, and approve Variance No. 93-11 in concept, and that staff be directed to bring back positive findings of fact. (Note: The hearing was not closed.) Al Boughey, Director of Planning and Building Services, explained that staff has recommended denial of Variance No. 93-11; however, the Legislative Review Committee recommended approval of the variance. 15 5/16/94 Roy Stephens, Scottish Rite Temple, 4400 North Varsity Avenue, San Bernardino, CA, requested that the proposed sign be approved. Council Member Negrete made a substitute motion, that the matter be referred to the Legislative Review Committee for clarification of the signage provisions in the Development Code. The motion failed for lack of a second. Director Boughey answered questions regarding the slgnage provisions of the Development Code. Deputy City Attorney Empeno stated that a signage request of this type could be approved or denied at the discretion of the Mayor and Council. Karl Haws, Mundell, Odium and Haws, 275 West Hospitality Lane, Suite #300, San Bernardino, CA, recommended that the proposed sign be approved. The motion failed by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez. Nays: Council Members Oberhelman, Devlin, Pope-Ludlam, Miller. Absent: None. Council Member Pope-Ludlam changed her vote from negative to affirmative. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Pope-Ludlam. Nays: Council Members Oberhelman, Devlin, Miller. Absent: None. It was recommended that Mayor Minor veto the motion. Mayor Minor stated that he would consider the matter and advise the Council of his decision later in the meeting. INITIATE DEVELOPMENT BILLBOARDS CODE AMENDMENT TO PERMIT (30) In a memorandum dated April 14, 1994, Al Boughey, Director of Planning and Building Services, transmitted a memorandum dated June 10, 1993, stating that Council Member Pope- Ludlam has requested that staff be directed to prepare an amendment to the Development Code to permit billboards in the City. Billboard or off-premise signs advertise a business, service, goods or event at locations other than where the sign is located. While billboards do generate revenue, the City would realize very little direct or indirect benefits. Direct revenue would consist of the fees collected by the City through a Business Registration fee of $.40 per square foot per billboard per year with approximately $7,000 to $8,000 generated annually. Indirect revenue to the City would 16 5/16/94 be very difficult to measure because the billboard could advertise a business, service, goods or event not located within the City. Of primary concern is the visual blight from billboards. Billboards are generally located adjacent to freeways or major arterials. The view from the freeway, and certain arterials, is one of the assets that the City enjoys. Frequently, owners of billboards request that vegetation be removed because it blocks the view of the billboard; however, this vegetation helps to screen unsightly views. Staff is opposed to the Council considering permitting new billboards in the City, and directing staff to prepare an amendment to the Development Code. Council Member Miller made a motion, seconded by Council Member Devlin, that the Council not consider permitting new billboards anywhere in the City and not direct staff to prepare an amendment to the Development Code. (Note: There was no vote taken.) Concern was expressed regarding the legality of approving a negative motion. Al Boughey, Director of Planning and Building Services, explained staffs opposition to preparing an amendment to the Development Code permitting billboards. Discussion ensued regarding the merits of permitting additional billboards within the City. Council Member Hernandez made a substitute motion, seconded by Council Member Curlin, that the matter be tabled. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: Council Member Miller. Absent: None. INITIATE DEVELOPMENT CODE AMENDMENT - CHAIN LINK FENCING REQUIREMENTS (31) In a memorandum dated May 5, 1994, Council Member Curlin, stated that the City recently amended the Development Code to permit chain link fencing in all land use designations on the side and rear property lines, behind the front setback, when not adjacent to a public street. It is recommended that Planning Staff be directed to prepare an amendment to the Development Code to permit in residential land use designations chain link fencing of five or six feet in height on the front property lines, with a ten foot setback. Council Member Oberhelman made a motion, seconded by Council Member Pope- Ludlam, that the matter be referred to the Legislative Review Committee. 17 5/16/94 Council Member Pope-Ludlam withdrew her second. The motion failed for lack of a second. Concern was expressed regarding the enforcement of the existing chain link fencing provisions of the Development Code, and whether enforcement has been consistent city-wide. Larry Singleton, 265 West 21st Street, San Bernardino, CA, felt that residents who wish to have chain link fencing should be permitted to erect them. 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. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 93-05 - DEVELOPMENT PERMIT NO. 93-22, TYPE III - VARIANCE NO. 93-23 - CHANGE LAND USE DESIGNATION FROM RS, RESIDENTIAL SUBURBAN TO CO-2, COMMERCIAL OFFICE - DENTAL OFFICE - 3095 NORTH "E" STREET (32) This is the time and place set for a public hearing for General Plan Amendment No. 93- 05, Development Permit No. 93-22, Type III, and Variance No. 93-23 to change to the land use designation from RS, Residential Suburban to CO-2, Commercial Office, to locate a dental office with reductions in both side and rear setbacks at 3095 North "E" Street. In a memorandum dated April 28, 1994, AI Boughey, Director of Planning and Building Services, stated that General Plan Amendment No. 93-05 would change the land use designation to permit low intensity commercial office uses. The subject property is not currently part of a neighborhood, as it is surrounded by commercial uses to the north and west, multi-family dwellings to the south, and a proposed residential neighborhood on the east. Development Permit No. 93-22, Type III, would ensure that the new use meets all development requirements. Variance No. 93-23 would allow a reduction in both side and rear setbacks from the required ten feet to the proposed five feet. At its February 10, 1994 meeting, the Environmental Review Committee considered the initial study and recommended a negative declaration. At its AprilS, 1994 meeting, the Planning Commission recommended approval of General Plan Amendment No. 93-05, Development Permit No. 93-22, Type III and Variance No. 93-23, and adoption of the negative declaration. Mayor Minor opened the hearing. 18 5/16/94 Council Member Curlin made a motion, seconded by Council Member Devlin, that the hearing be closed; and that the Mayor and Common Council adopt the negative declaration; adopt the resolution which approves the General Plan Amendment and that the Mayor and Common Council approve Development Permit No. 93-22, Type Ill, and Variance No. 93-23, based on the findings of fact and subject to the conditions of approval and standard requirements. (Note: There was no vote taken.) Jeff Wright, P. O. Box 2341, San Bernardino, CA, requested more information on the proposed business that would be operating at this location. Al Boughey, Director of Planning and Building Services, answered questions regarding the proposed dental office that would be operating at 3095 North "E" Street. RES. 94-119 - 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. 93-05 TO AMEND THE GENERAL PLAN LAND USE PLAN MAP. (32) Council Member Hernandez made a substitute motion, seconded by Council Member Oberhelman, and unanimously carried, that the hearing be closed. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that the Mayor and Common Council adopt the negative declaration, adopt the resolution which approves the General Plan Amendment, and approve Development Permit, Type Ill, No. 93-22 and Variance No. 93-23, based on the findings of fact and subject to the conditions of approval and standard requirements. The motion carried, and Resolution No. 94-119 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 94-01 - CONDITIONAL USE PERMIT NO. 94-03 & PARCEL MAP NO. 14639 - CHANGE LAND USE DESIGNATION FROM IL, INDUSTRIAL LIGHT, TO CH, COMMERCIAL HEAVY - BULK DISTRIBUTION SERVICE FACILITY & COMBINE SEVEN LOTS INTO ONE LOT (33) This is the time and place set for a public hearing to consider General Plan Amendment No. 94-01, Conditional Use Permit No. 94-03, and Parcel Map No. 14639 to change the land use designation from IL, Industrial Light, to CH, Commercial Heavy, to permit a bulk distribution services facility for the vacuum transfer of food grade pellets from rail car to truck. 19 5/16/94 In a memorandum dated April 28, 1994, AI Boughey, Director of Planning and Building Services, stated that the project includes two accessory uses, a site operationsltruck wash facility and a packaging facility. The development of the site is proposed to occur in three phases over a three year period. The proposal includes Parcel Map No. 14639 to combine seven lots into one lot. Concurrently, the Public Works Department is processing an application to vacate the site's extensions of Toranga, Arbol Verde and Castilla Streets. The project is located 680 feet north of Rialto A venue, north of the Pacific Electric Railroad right-of-way, south of the Metrolink mainline right-of-way, and west of Rancho Avenue. The project is designated CH, Commercial Heavy, on the western 10. I acres and IL, Industrial Light, on the eastern 11 acres. The Industrial Light designation does not permit outside land uses whereas the Commercial Heavy designation does. General Plan Amendment No. 94-01 would change the land use designation from Industrial Light to Commercial Heavy on the eastern 11 acres so that the entire 21.1 acre site is designated Commercial Heavy. In the Commercial Heavy designation, an approved conditional use permit is required for specified uses that occur outside of an enclosed structure within 150 feet of a residential district. Two residential districts are located within 150 feet of the project site. Due to the industrialltransporlation nature of the project, special studies were prepared to evaluate the potential for noise, traffic, air quality, subsurface archaeological resources and light and glare impacts. The initial study indicated that no significant impacts would result from the project. The proposed use is consistent with the intent of the Commercial Heavy land use designation in that it would provide for the development of a commercial/industrial use that is characterized by extensive use of outdoor space for service and storage. At its March 10, 1994 meeting, the Environmental Review Committee recommended a negative declaration. At its April 5, 1994 meeting, the Planning Commission heard concerns relative to off-site improvements and fees, drainage, and truck traffic to and from the project which now have been resolved to the satisfaction of the City and the applicant. The Commission recommended approval of General Plan Amendment No. 94-01, Conditional Use Permit No. 94- 03 and Parcel Map No. 14639, and adoption of the negative declaration. Mayor Minor opened the hearing. Concern was expressed regarding the route that the trucks would be using to arrive and depart from the proposed project. Mark Ostoich, Gresham, Varner, Savage, Nolan and Tilden, 600 North Arrowhead Avenue, Suite #300, San Bernardino, CA, representing AT and SF Railway Company, answered questions regarding the routes that the trucks would be utilizing to arrive and depart from the proposed project site. 20 5/16/94 Council Member Hernandez made a motion, that the hearing be closed; that the Mayor and Common Council adopt the negative declaration, adopt the resolution which approves General Plan Amendment No. 94-01, Conditional Use Permit No. 94-03 and Parcel Map No. 14639, based on the findings of fact and subject to the conditions of approval and standard requirements. The motion failed for lack of a second. Bob Brendza, AT and SF Railway Company, 740 East Carnegie Drive, San Bernardino, CA, answered questions regarding the routes that the truck would be utilizing to arrive and depart from the proposed project site. Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed concern regarding hazardous substances that would be used by AT and SF Railway at this project site. RES. 94-120 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 94-01 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (33) Council Member Pope-Ludlam made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the hearing be closed. Council Member Oberhelman made a motion, seconded by Council Member Pope- Ludlam, that the Mayor and Common Council adopt the negative declaration, adopt the resolution which approves General Plan Amendment No. 94-01, Conditional Use Permit No. 94- 03 and Parcel Map No. 14639, based on the findings of fact and subject to the conditions of approval and standard requirements with the stipulation that the Mayor and Council would have final approval of the truck routing plan. The motion carried, and Resolution No. 94-120 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RECESS MEETING At 3:37 p.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 3:46 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. 21 5/16/94 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; Deputy City Attorney Roth, City Clerk Rachel Clark. Absent: City Administrator Shauna Clark. 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. (Taken in conjunction with Item #R-8 which was a Community Development Commission item only)(Discussed later in the meeting)(See page 23) (25) Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed opposition to the proposed amendment to Resolution No. 94-46 relative to the time for public comments. Discussion ensued regarding the merits of the proposed amendment to Resolution No. 94-46 relative to the time for public comments. Council Member Pope-Ludlam made a motion that said resolution be adopted amending Section Six of Resolution No. 94-46, limiting members of the public to a total time of ten minutes when they address the Mayor and Common Council on either agenda or public comment items and limiting the time on each item to three minutes; and amending Section Seven of Resolution No. 94-46, applying a three minute time limitation to a member of the public addressing the Mayor and Common Council with possible two minute extensions at Special meetings. The motion failed for lack of a second. Shauna Clark, City Administrator, answered questions regarding the proposed amendment to Resolution No. 94-46 regarding the time for public comments. Council Member Curlin made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted amending Section Six of Resolution No. 94-46, limiting members of the public to a total time of ten minutes when they address the Mayor and Common Council on either agenda or public comment items and limiting the time on each item to three minutes; and amending Section Seven of Resolution No. 94-46, applying a three minute time limitation to a member of the public addressing the Mayor and Common Council with possible two minute extensions at Special meetings. The motion carried, and said resolution was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Pope-Ludlam. Nays: Council Members Oberhelman, Devlin, Miller. 22 5/16/94 Mayor Minor vetoed the motion. There was no further action taken on this matter at this time; however, there was further action on this matter later in the meeting. 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. RECONSIDERATION - 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. (Taken in conjunction with Item #R-8 which is a Community Development Commission item only)(Discussed earlier in the meeting)(See page 22) (25) This is the time and place set to reconsider amending Resolution No. 94-46 relating to the limits for the public to address the Mayor and Council. Council Member Hernandez made a motion, seconded by Council Member Curlin, that the matter be reconsidered. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Pope-Ludlam, Miller. Nays: Council Members Oberhelman, Devlin. Absent: None. Stephen Kaufman, DeAguilera and Kaufman, 341 West 2nd Street, San Bernardino, CA, attorney for Council Member Hernandez, stated that the Mayor does not have authority to veto Community Development Commission matters. Deputy City Attorney Roth explained that Mayor Minor vetoed approval of the Mayor and Common Council item, not approval of the Community Development Commission item, and that although the two items were taken together that Mayor Minor had only vetoed the Mayor and Common Council approval of the resolution, and that the approval of the Community Development Commission motion stands as approved. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING 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. 23 5/16/94 PUBLIC HEARING FISCAL YEAR 1994/95 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FINAL STATEMENT OF OBJECTIVES & PROJECTED USE OF FUNDS (R-13) This is the time and place set for a public hearing to consider the Fiscal Year 1994/95 Community Development Block Grant (CDBG) final statement of objectives and projected use of funds. In a memorandum dated May 10, 1994, Kenneth Henderson, Executive Director, Development Department, Economic Development Agency, stated that on February 7, 1994, the Mayor and Common Council approved the Fiscal Year 1994/95 Community Development Block Grant (CDBG) program mix and objectives, and authorized staff to solicit proposals. A total of one-hundred and ten (110) proposals were received and reviewed by the Community Development Citizens Advisory Committee (CDCAC). The CDCAC review process included evaluation of applications, presentations from applicants, and formulation of final recommendations to the Mayor and Common Council identified in the statement of objectives and projected use of funds report. In addition to the approved projects, the CDCAC made recommendations for three (3) contingency projects in the category of Public Services, and three (3) contingency projects in the category of Capital Improvements. The contingency projects are listed in order of priority and are to be funded in the event that any of the approved projects, Capital Improvement Projects 94-01 through 94-12, and Public Services Projects 94-20 through 94-46, do not result in an executed agreement. Also submitted is a report of the proposals not recommended for funding which identifies each organization, proposal and requested funding amount. All proposals received, including those submitted after the deadline, were considered by the CDCAC and recommendations were based upon the individual merit of each proposal. Where applicable, the Community Development Citizens Advisory Committee took into consideration a list of projects which identifies the City Administrator's priorities for City department proposals. Staff has reviewed the eligibility of all programs, projects and activities recommended for funding by the CDCAC; however, final eligibility ruling would be determined by the U.S. Department of Housing and Urban Development (HUD). Mayor Minor opened the hearing. Bill Lusk, 3905 Dwight Way, San Bernardino, CA, Chairman of the Community Development Citizens Advisory Committee, explained the process that the Committee used to consider proposals and make its funding recommendations to the Mayor and Council. The following individuals requested reconsideration of funding for their organizations: Seiuli Noa, 1604 Ninth Street, San Bernardino, CA, representing the Boys and Girls Club of San Bernardino, 1180 West 9th Street, San Bernardino, CA. 24 5/16/94 CITY CLERK RACHEL CLARK EXCUSED At 5:05 p.m., City Clerk Rachel Clark left the Council meeting and was replaced by Deputy City Clerk Vale. Jerry Herndon, 6130 Rogers Lane, San Bernardino, CA, representing the Boys and Girls Club of San Bernardino, 1180 West 9th Street, San Bernardino, CA. Lori Panzino, representing Bethlehem House Project, Inc., P. O. Box 8127, Redlands, CA. Ms. Panzino presented to the City Clerk six letters of support for Bethlehem House. Peggy Huber, 25167 Besel Drive, Crestline, CA, representing the Inland Empire Deaf Community, 216 West 6th Street, San Bernardino, CA. David Bell, 2596 Macy Street, San Bernardino, CA, representing the Easter Seal Society, Head Injury Support Services, 241 East 9th Street, San Bernardino, CA. Dianne Von Habsburg, 477 West 14th Street, San Bernardino, CA, representing the Easter Seal Society, Head Injury Support Services, 241 East 9th Street, San Bernardino, CA. Michael Blatnick, 879 West Edgemont, San Bernardino, CA, representing the Easter Seal Society, Head Injury Support Services, 241 East 9th Street, San Bernardino, Ca. Walter Sneider, 119 East Highland, San Bernardino, CA, representing Kids Against Crime. Rev. Dennis Brown, 1599 North Mt. Vernon, San Bernardino, CA, representing Impact Ministries and Crusades, 1088 North Evaline Court, Rialto, CA. Jean Stephens, 567 North Sierra Way, San Bernardino, CA, representing the Young Women's Christian Association (YWCA), 567 North Sierra Way, San Bernardino, CA. CITY CLERK RACHEL CLARK RETURNED At 5:26 p.m., City Clerk Rachel Clark returned to the Council meeting. Pastor Ray Turner, 1583 West Union Street, San Bernardino, CA, representing the Boys and Girls Club of San Bernardino, 1180 West 9th Street, San Bernardino, CA. Dr. S' Ann Freeman, Feldheym Library, 555 West 6th Street, San Bernardino, CA, representing the Adult Literacy Program, Feldheym Library, 555 West 6th Street, San Bernardino, CA. Kenneth Henderson, Executive Director, Development Department, Economic Development Agency, explained the legal standards established by the U. S. Department of Housing and Urban Development (HUD) that govern distribution of the Community 25 5/16/94 Development Block Grant funds. Concern was expressed regarding needs of the organizations that were not recommended for funding. RES. 94-121 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENTS BETWEEN THE CITY OF SAN BERNARDINO AND THE ORGANIZATIONS IDENTIFIED IN THE 1994/95 COMMUNITY DEVELOPMENT BLOCK GRANT FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS APPROVED BY THE COMMON COUNCIL ON MAY 16, 1994. (R-13) Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the hearing be closed. Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted; that the Mayor and Common Council approve and adopt the Community Development Citizens Advisory Committee (CDCAC) recommendations for Fiscal Year 1994/95 Community Development Block Grant (CDBG) funded programs, projects and activities and authorize the Executive Director to submit the Fiscal Year 1994/95 Community Development Block Grant (CDBG) Statement of Objectives and Projected Use of Funds to the U.S. Department of Housing and Urban Development (HUD). The motion carried, and Resolution No. 94-121 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, and unanimously carried, that the following unfunded programs be referred to the Redevelopment Committee to search for additional funding: Boys & Girls Club of San Bernardino; Easter Seal Society, Head Injury Group; Kids Against Crime; and the three agencies on the contingency list: Bethlehem House Project, Inc.; Cornerstone Christian Preschool; and People's Choice. RECESS MEETING At 5:49 p.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 5:59 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 26 5/16/94 --'~-----'~------'-.'--'-----" ---'--~--------"-------"-"------'---'-'--~-- -~- 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; Deputy City Attorney Roth, City Clerk Rachel Clark. Absent: City Administrator Shauna Clark. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 5:59 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. JOINT POWERS FINANCING AUTHORITY - ADJOURNMENT (R-14) Council Member Hernandez made a motion, seconded by Council Member Negrete, and unanimously carried, that the meeting of the Joint Powers Financing Authority be adjourned to Monday, June 20, 1994, at 11:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. APPEAL - PLANNING COMMISSION'S DENIAL - VARIANCE NO. 93-11 - OFF-FREEWAY SIGN - SCOTTISH RITE TEMPLE PROPERTY - CONTINUED FROM MAY 2, 1994 - DISCUSSED EARLIER IN THE MEETING - SEE PAGE 15 (29) This is the time and place continued to consider an appeal of the Planning Commission's denial of Variance No. 93-11. Mayor Minor announced that he would not veto the action taken earlier in the meeting on this matter. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.72 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO SMOKING. (Discussed earlier in the meeting)(See Page 10) First (26) This is the time and place continued to for consideration of an amendment to Chapter 8.72 of the San Bernardino Municipal Code. The following individuals expressed opposition to the proposed amendment to Chapter 8.72: Valerie Julian, 915 Ohio Street, Redlands, CA. Edward Simons, 3071 North Pershing Avenue, San Bernardino, CA. 27 5/16/94 Elaine Cross, 260 East 47th, San Bernardino, CA. Kimberly Shay, 5887 Arden Avenue, San Bernardino, CA. Larry Singleton, 265 West 21st Street, San Bernardino, CA. John Burrell, 3218 Little Mountain Drive, San Bernardino, CA. The following individuals expressed support for the proposed amendment to Chapter 8.72: Pastor Ray Turner, Temple Baptist Church, 1583 West Union Street, San Bernardino, CA. Carolyn Williams, 1808 Genevieve Street, San Bernardino, CA. Carlene Henriques. Yolanda Torreblanca. Alba Gonzalez. Marie! Gonzalez. The following individuals voiced opposition to the proposed amendment to Chapter 8.72: Ted Karfakis, 800 Kendall Drive, San Bernardino, CA. AI Cotten, 255 East 40th Street, San Bernardino, CA. Mr. Cotten presented to the City Clerk information supporting his position on this matter. Frances Lloyd, 200 East 30th Street, San Bernardino, CA. Anna Vasquez, 677 South 8th Street, Colton, CA, stated her support for the proposed amendment to Chapter 8.72. Anthony Trozera, 1588 West Highland Avenue, San Bernardino, CA, voiced opposition to the proposed amendment to Chapter 8.72. Abigail Ryan, 241 East Montrose Drive, San Bernardino, CA, urged approval of the proposed amendment to Chapter 8.72. John Zaharopoulos, 265 East 40th Street, San Bernardino, CA, recommended denial of the proposed amendment to Chapter 8.72. 28 5/16/94 City Clerk Rachel Clark stated that the City Clerk's Office has received 883 letters of protest to the proposed amendment to Chapter 8.72, and that 496 of the letters, or 56%, are from residents of the City of San Bernardino, and the remaining 387 letters are from out of town residents. Discussion ensued regarding the types of establishments impacted by the proposed amendment, the merits of the proposed amendment, how best to address the issue of second hand smoke in establishments with smoking and non-smoking sections, whether the proposed amendment should be referred to the Legislative Review Committee for consideration of a revision to address the issue of second hand smoke in establishments with smoking and non- smoking sections, the enforcement provisions of the proposed amendment, and the provisions and enforcement of the City's existing laws in Chapter 8.72. Deputy City Attorney Roth explained that the City Attorney's Office had not approved this ordinance due to concerns regarding its enforcement. Council Member Curlin made a motion, seconded by Council Member Pope-Ludlam, that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members Curlin, Hernandez, Devlin, Pope-Ludlam. Nays: Council Members Negrete, Oberhelman, Miller. Absent: None. RECESS MEETING At 7:48 p.m., Mayor Minor declared a ten-minute recess. RECONVENE MEETING At 7:59 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Deputy City Attorney Roth, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. PUBLIC HEARING - IMPOSING LIENS ON PROPERTY - UNCOLLECTED BUSINESS REGISTRATION FEES (16) 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. 29 5/16/94 In a memorandum dated April 27, 1994, Rachel Clark, City Clerk, requested authorization to impose liens on parcels of property for uncollected business registration fees. 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. (16) Council Member Negrete made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the matter be continued to May 23, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. AUTHORIZE USE - BOND IMPROVEMENT FUND SURPLUS TO CALL BONDS & REDUCE DEBT OBLIGATIONS - ASSESSMENT DISTRICT NO. 977A - CAJON & JUNE ACQUISITION DISTRICT (17) In a memorandum dated April 29, 1994, Barbara Pachon, Director of Finance, stated that on April 16, 1990, the City issued a 1915 Act Limited Obligation Improvement Bond for Assessment District No. 977A, in the amount of $683,412. The Bonds are secured by assessments levied against properties within the Assessment District. The City formed this Assessment District in response to a request from Century Homes, the owner of the property within the Assessment District at that time. The Bond proceeds received from Assessment District No. 977 A were used to acquire public improvements, which were installed by Century Homes, to service the ninety-two residential units within the Assessment District. These public improvements included street, storm drain and sewer improvements, water main connections and improvements, and grading as required within the public right-of-ways. All of the improvements have been completed and no further projects are anticipated at this time. The Bond Improvement Fund currently has a balance of approximately $45,000. Pursuant to Section 10427 of the Streets and Highways Code, any surplus funds after completion of the improvements and the payment of all claims can be used, in amounts determined by the legislative body, to call Bonds, thereby reducing outstanding assessments and subsequent assessment installments. Since the improvements are only a few years old, there is no significant maintenance requirements at this time; therefore, staff recommends that the surplus funds be used to call Bonds and reduce the debt obligations of the residents in Assessment District No. 977A. Council Member Negrete made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the matter be continued to May 23, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 30 5/16/94 AUTHORIZE USE - BOND IMPROVEMENT FUND SURPLUS TO CALL BONDS & REDUCE DEBT OBLIGATIONS - ASSESSMENT DISTRICT NO. 977B - CAJON & JUNE ACQUISITION DISTRICT (18) In a memorandum dated April 29, 1994, Barbara Pachon, Director of Finance, stated that on April 15, 1991, the City issued a 1915 Act Limited Obligation Improvement Bond for Assessment District No. 977B, in the amount of $1,013,048.90. The Bonds are secured by assessments levied against properties within the Assessment District. The City formed this Assessment District in response to a request from Century Homes, the owner of the property within the Assessment District at that time. The Bond proceeds received from Assessment District No. 977B were used to acquire public improvements, which were installed by Century Homes, to service the one hundred and eighty-five residential units within the Assessment District. These public improvements included street, storm drain and sewer improvements, water main connections and improvements, and grading as required within the public right-of-ways. All of the improvements have been completed and no further projects are anticipated at this time. The Bond Improvement Fund currently has a balance of approximately $60,000. Pursuant to Section 10427 of the Streets and Highways Code, any surplus funds after completion of the improvements and the payment of all claims can be used, in amounts determined by the legislative body, to call Bonds, thereby reducing outstanding assessments and subsequent assessment installments. Since the improvements are only a few years old, there is no significant maintenance requirements at this time; therefore, staff recommends that the surplus funds be used to call Bonds and reduce the debt obligations of the residents in Assessment District No. 977B. Council Member Negrete made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the matter be continued to May 23, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA OIL RECYCLING ENHANCEMENT ACT (ACT) (STATUTES OF 1991, CHAPTER 817) FOR THE FOLLOWING PROJECT: USED OIL COLLECTION AND RECYCLING USING RETROFITTED SOLID WASTE COLLECTION VEHICLES AND A CENTRAL HOLDING/TESTING FACILITY. (21) Council Member Negrete made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the matter be continued to May 23, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bemardino, California. 31 5/16/94 PAINT TRAFFIC LINE STRIPES & PAVEMENT MARKINGS - AUTHORIZE TRANSFER OF FUNDS & ADVERTISE FOR BIDS (22) In a memorandum dated February 10, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that one position of Maintenance Worker I has become vacant. Salary savings of approximately $16,000 would be realized from the date of the employee's departure through the end of the Fiscal Year. It is recommended that these salary savings be transferred to Professional/Contractual Services, to finance a contract for painting traffic line stripes and pavement markings. The contract would be a pilot privatization project. Plans for painting traffic line stripes and pavement markings have been prepared and the project is ready to be advertised for bids. The total estimated project cost is $14,000. Council Member Negrete made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the matter be continued to May 23, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. WIDEN SECTIONS OF MILL STREET & RIALTO AVENUE TO MATCH ADJOINING SECTIONS - APPROVE PLANS & ADVERTISE FOR BIDS (23) In a memorandum dated May 4, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that the Municipal Code authorizes the City, after a public hearing, to order a property owner to widen their street frontage to match the adjoining widened sections. Should the property owner fail to do the widening within the prescribed time, the City may proceed to have the work done and place an assessment on the property to recover the costs over a three year period. Action has been taken to initiate proceedings for three properties; however, one property owner has completed the widening. Plans for widening the sections of Mill Street and Rialto Avenue have been prepared and the project is ready to be advertised for bids. The total estimated project cost is $67,500. Council Member Negrete made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the matter be continued to May 23, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING AND SETTING A FAIR MARKET VALUE AND SALES PRICE OF $500.00 AND AUTHORIZING AND DIRECTING THE EXECUTION OF A GRANT DEED CONVEYING THAT CERTAIN SURPLUS RIGHT-OF-WAY LOCATED NORTH OF HIGHLAND AVENUE AND WEST OF THE NEW STATE HIGHWAY 330, IN THE CITY OF SAN BERNARDINO, TO RALPH AND NANCY MONGE. (24) 32 5/16/94 Council Member Negrete made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the matter be continued to May 23, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. DEPUTY CITY ATTORNEY ROTH EXCUSED At 8:02 p.m., Deputy City Attorney Roth left the Council meeting and was replaced by City Attorney Penman. REPORT ON POSSIBLE UNLAWFUL ACTS BY CERTAIN COUNCIL MEMBERS (AS-I) In a memorandum dated May 12, 1994, City Attorney Penman requested that the Mayor and Council discuss and take possible action on an oral report regarding possible unlawful acts by certain Council Members. A discussion was held regarding whether City Attorney Penman's oral report should be presented to the Councilor submitted directly to the District Attorney for investigation. Concern was expressed that City Attorney Penman was using the Council meeting as a political forum for his District Attorney candidacy. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that the matter be referred to the District Attorney or other appropriate authority. Discussion continued relative to the appropriateness of discussing at a council meeting the alleged unlawful acts by certain Council Members versus submitting the report to the District Attorney's Office. Gary Kirby, 1505 Yardley, San Bernardino, CA, expressed concern regarding the lack of decorum at the Council meeting. Concern was expressed regarding whether to allow City Attorney Penman to make his oral report on the alleged unlawful acts of Council Members. City Attorney Penman presented an oral report on the possible unlawful acts of certain Council Members. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Pope-Ludlam, Miller. Nays: Council Members Oberhelman, Devlin. Absent: None. Council Member Miller changed her vote from affirmative to negative. 33 5/16/94 The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Pope-Ludlam. Nays: Council Members Oberhelman, Devlin, Miller. Absent: None. Discussion continued regarding the information contained in City Attorney Penman's oral report. Mayor Minor vetoed the motion. Concern was expressed regarding the appropriateness of discussing possible unlawful acts at a Council meeting. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, that the meeting be adjourned. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Pope-Ludlam. Nays: Council Members Oberhelman, Devlin, Miller. Absent: None. Discussion continued regarding the statements made by City Attorney Penman. Mayor Minor vetoed the motion. COUNCIL MEMBERS HERNANDEZ & POPE-LUDLAM EXCUSED At 8:39 p.m., Council Members Hernandez and Pope-Ludlam left the Council meeting. COUNCIL MEMBER NEGRETE EXCUSED At 8:40 p.m., Council Member Negrete left the Council meeting. COUNCIL MEMBER CURLIN EXCUSED At 8:41 p.m., Council Member Curlin left the Council meeting. LACK OF A QUORUM At 8:41 p.m., there was no longer a quorum present at the Mayor and Common Council meeting. City Attorney Penman continued his oral report regarding the possible unlawful acts by certain Council Members. During this meeting there was no action taken on this malter. 34 5/16/94 FUNDING REQUEST - 4TH OF JULY COMMITTEE - $23,393 - SECCOMBE LAKE PARK - 1994/95 FINE ARTS FUNDING (19-A) In a memorandum dated April 5, 1994, Annie Ramos, Director of Parks, Recreation and Community Services, stated that the City in conjunction with the Inland Empire Symphony is conducting the 1994 4th of July celebration at Seccombe Lake Park. The event would be free to the public and would be conducted from 3:00 to 9:00 p.m. Activities would include games, concession booths, a pops concert by the Inland Empire Symphony and a fireworks show. This event is expected to attract several thousand visitors. The 4th of July Committee requested $35,946 to cover costs. The total cost of the event is $51,446, and the Inland Empire Symphony would cover $15,500 in costs. In-kind donations have been provided by the Convention and Visitors Bureau, Main Street, and the Art Foundation. The Ways and Means Committee recommended partial funding of $12,553 from the Fiscal Year 1993/94 Fine Arts fund, with the remaining amount of $23,393 to be appropriated from the Fiscal Year 1994/95 Fine Arts fund. There was no action taken on this matter during this meeting; however, it was the consensus of the Mayor and Council present that this matter be continued to May 23, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. FUNDING REQUEST - PARKS AND RECREATION CONCERT SERIES - $5,000 - RITES OF SPRING & INDIAN SUMMER CONCERTS - 1994/95 FINE ARTS FUNDING (19-B) In a memorandum dated April 6, 1994, Annie Ramos, Director of Parks, Recreation and Community Services, stated that the City has been conducting the Rites of Spring and Indian Summer Concerts for approximately five years, with last year's events attracting audiences totaling over 3,000. Funding for this year's concert series was requested in the amount of $11,000. The Rites of Spring Concerts begin in May with the Indian Summer Concerts beginning in August. The Ways and Means Committee recommended funding the concerts in the amount of $6,000 from the Fiscal Year 1993/94 Fine Arts fund with the remaining amount of $5,000 to be appropriated from the Fiscal Year 1994/95 Fine Arts fund. There was no action taken on this matter during this meeting; however, it was the consensus of the Mayor and Council present that this matter be continued to May 23, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. WAIVE FEES - USE OF GUADALUPE FIELD & FACILITIES - $240 - GUADALUPE YOUTH LEAGUE (20) In a memorandum dated May 2, 1994, Annie Ramos, Director of Parks, Recreation and Community Services, stated that the Guadalupe Youth League was recently granted a waiver of fees for three fund raising softball tournaments at Guadalupe Field. The League added a fourth 35 5/16/94 tournament and has requested that the fees for use of the field and facilities in the amount of $240 be waived. The damage bond and clean-up deposit for this event total $1,750, and are refundable in full or in part after an inspection of the facilities and equipment have been completed. Resolution No. 94-66 does not provide for a waiver of the damage bond and clean- up deposit; however, does permit the waiver of fees for use of the field and facilities. There was no action taken on this matter during this meeting; however, it was the consensus of the Mayor and Council present that this matter be continued to May 23, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. DISCUSS CITY LIABILITY EXPOSURE - HIRING OF INDEPENDENT INVESTIGATOR - ALLEGATIONS OF SEXUAL HARASSMENT - CITY ATTORNEY'S OFFICE (27) Note: There was no backup distributed on this matter; therefore, no documentation will be available for reference. There was no action taken on this matter during this meeting; however, it was the consensus of the Mayor and Council present that this matter be continued to May 23, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. PROPOSED FISCAL YEAR 1994/95 BUDGET REVIEW - SELECT DATES (S-I) In a memorandum dated May II, 1994, Fred Wilson, Assistant City Administrator, requested that the Mayor and Council select dates on which to review the proposed Fiscal Year 1994/95 budget, and recommended that the following dates be considered: June 15,22, 24,27, 28, and 29, 1994. There was no action taken on this matter during this meeting; however, it was the consensus of the Mayor and Council present that this matter be continued to May 23, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 36 5/16/94 ADJOURNMENT (34) At 9:03 p.m., the meeting was adjourned to Monday, May 23, 1994, at 10:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL CLARK City Clerk By '4.,.. / ..--/ /? aa:.{~U/ UzL~ Melanie Vale Deputy City Clerk No. of Items: 54 No. of Hours: 11 37 5/16/94