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Home My WebLink About03-05-1990 Minutes City of San Bernardino, California March 5, 1990 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 8:30 a.m., Monday, March 5, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Holcomb; Council Members Reilly, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Council Members Estrada, Flores, pope-Ludlam. RECESS MEETING - CLOSED SESSION At 8:30 a.m., Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the Mayor and Common Council and Community Development Commission recess to closed session for the following: (1) a. to give instruction to the CitY's/Commission's negotiator on the purchase of property pursuant to Government Code Section 54956.8. The real property which the negotiations concern is generally located at: ; b. to consider personnel matters pursuant to Government Code Section 54957; c. to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6; d. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities pursuant to Government Code Section 54957; e. to confer with the attorney regarding pending li tigation pursuant to Government Code Section 54956.9(b)(1), as there is significant exposure to litigation; f. to confer with the attorney regarding litigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending Section decide 1 3/5/90 g. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section 54956.9(a) as follows: Citv of San Bernardino vs. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239193; Stubblefield Construction Comoanv. et al vs. Citv of San Bernardino. et al - San Bernardino Superior Court Case No. 232998; San Bernardino Superior Court Case No. 252058; Sock Dawson. et al vs . City of San Bernardino. et al- United States District Court Case No. SA 88-461 AHS (RWRx); Revnolds vs. Citv of San Bernardino Superior Court Case No. 248752; San Bernardino Dudlev Brewster. et al vs. Southern Pacific Railroad. et al - San Bernardino Superior Court Case No. 249736; Save San Bernardino vs. Citv of San Bernardino San Bernardino Superior Court Case No. 250425; C.F.B. Investments. Ltd. vs. Citv of San Bernardino - United States District Court - Case No. SA CV89-862 JSC (RWRx); Randall vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 250472; Gradv vs. City of San Bernardino - San Bernardino Superior Court Case No. 243287; Southern Pacific Transportation Comoanv. et al vs. City of San Bernardino San Francisco Superior Court Case No. 877359; Charles H. Brown vs. Citv of San Bernardino. et al - United States District Court Case No. SACV 88-495 (AHS); Charles Hudson Brown vs. Domino. et al - San Bernardino Superior Court Case No. 243087. CLOSED SESSION At 8:30 a.m., the closed session was called to order by Mayor Holcomb in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 2 3/5/90 ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Reilly, Maudsley, Minor, Miller; City Attorney Penman, City Administrator Julian. Absent: Council Members Estrada, Flores, Pope-Ludlam; City Clerk Clark. Also present were: Deputy City Attorney Empeno, Sr. Assistant City Attorney Brue, Deputy City Attorney Simmons, Margaret Scroggin, Operations Supervisor, Sr. Deputy City Attorney Wilson, Deputy City Attorney Roth. READING OF RESOLUTIONS AND ORDINANCES City Clerk Clark read the titles of all the resolutions and ordinances on the regular and supplemental agendas. COUNCIL MEMBER FLORES ARRIVED At 8:34 a.m., Council Member Flores arrived at the closed session. DEPUTY CITY ATTORNEY EMPENO EXCUSED Deputy City Attorney Empeno left the closed session. CITY CLERK CLARK ARRIVED City Clerk Clark arrived at the closed session. DEPUTY CITY ATTORNEY WILSON EXCUSED Deputy City Attorney Wilson left the closed session. COUNCIL MEMBER ESTRADA AND POPE-LUDLAM ARRIVED At 8:40 a.m., Council Members Estrada and Pope-Ludlam arrived at the closed session. DEPUTY CITY ATTORNEY ROTH EXCUSED Deputy City Attorney Roth left the closed session. CITY CLERK CLARK EXCUSED City Clerk Clark left the closed session. ADJOURNED - CLOSED SESSION At 8:55 a.m., the closed session adjourned to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 9:30 a.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 3 3/5/90 ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Holcomb, Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Clerk Clark, City Administrator Julian. Absent: City Attorney Penman. INVOCATION The invocation was given by Rev. Gertrude Whetzel of God's Great Cause Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Maudsley. PROCLAMATION - WOMEN'S HISTORY MONTH - MARCH 1990 Lorraine velarde, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino proclaiming March 1990 as Women's History Month. (5) Jan Lewis, City Nurse, accepted the proclamation on behalf of the women in city government. COMMENDATION - CARL OVERCAST - PARKS AND RECREATION COMMISSION Lorraine Velarde, Executive Assistant to the Mayor, read a resolution of the Mayor of the City of San Bernardino commending Carl Overcast for his outstanding contributions as a member of the Parks and Recreation Commission. (5) Council Member Reilly and Mayor Holcomb presented the resolution to Mr. Carl Overcast. PROCLAMATION - NAVAL RESERVE MONTH - MARCH 1990 - LT. COMMANDER M.M. BRIDEAU Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino proclaiming March 1990 as Naval Reserve Month. (5) Lt. Commander M. M. Brideau, USNR Commanding Officer, and Chief Bay were present to accept the proclamation and extended an invitation to the Mayor and Council to attend an open house on March 21, 1990, 7:00 p.m. to 9:30 p.m., at the Naval & Marine Corps at 380 N. Waterman in celebration of their 75th Year Anniversary. PRESENTATION - DUTIES OF THE CRIME PREVENTION OFFICE- POLICE DEPARTMENT - SGT. JENNIFER ARAGON Sgt. Jennifer Aragon, the first woman sergeant of the San Bernardino Police Department, gave a presentation explaining the duties of the crime prevention office and her role as a public information officer for the Police Department. (5) 4 3/5/90 CITY ATTORNEY PENMAN ARRIVED At 9:40 a.m., City Attorney Penman arrived at the Council Meeting. COMMENDATION - ILLEGAL DUMPING APPREHENSION - RICHARD ASPRIL Mayor Holcomb commended Richard Aspril, Inspector, for his participation in the apprehension person to be arrested for illegal dumping in the Bernardino. Construction of the first City of San (5) Mayor Holcomb stated that the City will offer a reward for those who provide information leading to the conviction for illegal dumping ~n the City. He suggested that the person convicted be given the maximum fine and be required to do 1000 hours of community clean up. PUBLIC COMMENTS - VIRIL LANE - EXTENSION OF ORDER OF ABATEMENT - 4444 NORTH FOURTH AVENUE Viril Lane, 4444 North Fourth Avenue, spoke regarding the Ci ty' S enforcement of the property maintenance requirements in Ordinance MC-679 and requested that the City grant an extension on the order of abatement of his property. (3) PUBLIC COMMENTS - SUSAN HARTMANN SMITH Susan Hartmann Smith, a resident of San Bernardino, presented various items of food she claims that the transients eat in San Bernardino. (3) PUBLIC COMMENTS - SHIRLEY LANE - EXTENSION OF ORDER OF ABATEMENT - 4444 NORTH FOURTH AVENUE Shirley Lane, 4444 North Fourth Avenue, complained about the high costs of the abatement action imposed by the City on her residence. (3) Mayor Holcomb responded to Mr. and Mrs. Lane's comments and explained why an order of abatement was issued. (See page 16 for further information). PRESENTATION CERTIFICATE OF ACHIEVEMENT FOGASSY - RISK MANAGEMENT Mayor Holcomb presented a certificate of Nancy Fogassy in Risk Management for successfully Workers' Compensation Laws exam given by the Industrial Relations, State of California. NANCY achievement completing Department (5 ) to the of Nancy Fogassy was present to accept the certificate. 5 3/5/90 ORAL PRESENTATION - AUDRIE KRAUSE - TURN ELECTRIC RATES AND MERGER OF SOUTHERN CALIFORNIA EDISON AND SAN DIEGO GAS AND ELECTRIC. In a memorandum dated February 20, 1990, Mayor Bob Holcomb attached a letter from Audrie Krause, Executive Director, TURN, requesting an opportunity to address the Council regarding the proposed merger of Southern California Edison and San Diego Gas and Electric Companies. Audrie Krause, Executive Director, TURN, 625 Polk Street, Suite 403, San Francisco, Ca. 94102, explained why TURN (Toward Utility Rate Normalization) is in opposition to the proposed merger of Southern California Edison and San Diego Gas and Electric Companies. She urged the Council and the public to attend the public hearing scheduled for 7:00 p.m., May 10, 1990, in the City of Ontario. (6) Sue Noreen, Area presented her argument California Edison and San Manager, Southern California for the proposed merger of Diego Gas and Electric. Edison, Southern No formal action was taken. ORAL PRESENTATION - LEO AMENDT - REMOVAL OF SPUR TRACK - RIALTO AVENUE WEST OF MT. VERNON In a letter dated January 22, 1990, Leo Amendt, Amendt Oil Company, requested resolution of the regarding the spur track crossing on Rialto Avenue Avenue. President, problems near Pico (6 ) Leo Amendt, President, Amendt Oil Company, l405 West Rialto Avenue, explained the problems with the spur track crossing on Rialto Avenue near Pico Avenue and requested that the City of San Bernardino take action against the PUC and Santa Fe Railroad. No formal action was taken. APPROVAL OF COUNCIL MINUTES - FEBRUARY 12, 1990 Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that the minutes of the February 12, 1990, meeting of the Mayor and Common Council of the City of San Bernardino, be approved as submitted in typewritten form. (8) SET PUBLIC HEARING - ESTABLISHMENT OF FEE FOR ABATEMENT OF PRIVATE PROPERTY AND BUILDING BOARD-UPS CODE ENFORCEMENT DIVISION/DEPARTMENT PLANNING AND BUILDING SERVICES In a memorandum dated February 16, 1990, Larry Reed, Director of Planning and Building Services, stated that a survey of ten cities was conducted to justify a 40 percent 6 3/5/90 administrative fee for building board-ups private property. and abatements (9 ) of In a memorandum dated February 20, 1990, Don Hesterley, Code Compliance Officer, provided a breakdown of costs associated with an average building board-up of $1,200.00 value. A discussion ensued regarding the administrative costs charged by other cities. Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that a public hearing be set for March 19, 1990, at 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to consider the establishment of an administrative fee for abatement of private property and building board-ups by the Code Enforcement Division of Planning and Building Services Department. STORM DRAIN CONSTRUCTION - 21ST STREET, KENWOOD AVENUE TO EAST TWIN AND WARM CREEK - APPROVAL AND ACCEPTANCE OF WORK - THE BEECHER CONSTRUCTION COMPANY In a memorandum dated February 21, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that the work performed by The Beecher Construction Company for the storm drain construction at 21st Street, from Kenwood Avenue to East Twin and Warm Creek, has been satisfactorily completed as of January 23, 1990. (10) Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that the work performed by the contractor for the construction of a storm drain in 21st Street, from Kenwood Avenue to East Twin and Warm Creek, in accordance with Plan No. 7451, be approved and accepted; and that final payment be authorized at the expiration of the lien period. VACATION - ALLEY SOUTH OF OLIVE STREET, NORTH OF 10TH STREET BETWEEN "D" STREET AND ARROWHEAD AVENUE- ADOPTION OF NEGATIVE DECLARATION AND FINDING OF CONSISTENCY WITH CIRCULATION ELEMENT OF GENERAL PLAN In a memorandum dated February 20, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that the negative declaration for Public Works Project No. 89-49 was recommended for adoption by the Environmental Review Committee at their meeting of January 18, 1990. A 14-day review period was afforded from January 25, 1990 through February 15, 1990. No comments were received. (11) Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that the negative declaration for Public Works Project No. 89-49, vacation of an alley south of Olive Street and north of 10th Street between "D" 7 3/5/90 Street and Arrowhead Avenue, be adopted; and that a finding be made that the vacation of an alley south of Olive Street and north of 10th Street, between "D" Street and Arrowhead Avenue, is consistent with the circulation element of the General Plan. CLAIMS AND PAYROLL Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that the claims and payrolls, and the authorization to issue warrants as listed on the memorandum dated February 27, 1990, from the Director of Finance, be approved. (12) PERSONNEL ACTIONS Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that the personnel actions s ubmi t ted by the Chie f Examiner, da ted February 22, 1990 , in accordance with all administrative regulations of the City of San Bernardino, be approved. (13) RES. 90-62 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT. (Weed Abatement) (14) Council Member Reilly made a motion, seconded by Council Member Minor, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 90-62 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. BOARD OF BUILDING COMMISSIONERS' ORDERS Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that the following Board of Building Commissioners' orders be received and filed: BBC 1306 BBC 1317 BBC 1318 BBC 1321 BBC 1322 BBC 1325 BBC 1326 BBC 1327 BBC 1328 BBC 1329 BBC 1330 BBC 1331 Covel, Kindel & Anderson Art & Norma Romero New York Mortgage Corp. Erma E. Esparza California Federal Bank Julia Haggerty Thelma B. Brinkley Tabernacle Church of Christ Holiness Paul & May Chang Lawrence Owens Fred B. Greusel Robert L. Stotts 8 (15) 1172 Medical Center 630 E. Central 1171 Hancock St. 1253 W. Rialto Ave. 2137 W. Evans 782 W. Highland Ave. 1642 E. Echo Drive 560 Central Ave. 549-567 E. Central 310 W. 7th Street 471 N. Sierra Way 2226 E. Roca, Apt D 3/5/90 BBC 1332 Robert L. Stotts 2216 E. Roca BBC 1333 Beverly Oaks Development 430 & 440-448 W. Baseline BBC 1334 Michael & Genida Veznaw 385 Monterey BBC 1335 Heliodoro & Consuelo Montes 748 & 750 N. "Ill St. BBC 1336 Robert & Shirley McGee 680-680 1/2 11th St. BBC 1337 International Dector 3231-3233 N. Acacia BBC 1338 Terry Haga 481 N. Sierra Way WAIVE READING OF RESOLUTIONS AND ORDINANCES Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that further reading of all the resolutions and ordinances on the regular and supplemental agendas be waived. RES. 90-63 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION. . . ESTABLISHING A BASIC COMPENSATION PLAN FOR OFFICERS AND/OR EMPLOYEES OF THE CITY OF SAN BERNARDINO. . "; TO REVISE THE PROCEDURE FOR SPECIAL MERIT ADVANCEMENT. (Continued from February 19, 1990) (16) City Administrator Julian stated that a revised resolution has been prepared to replace the resolution in the backup. Council Member Reilly made a motion, seconded by Council Member Miller, that the revised resolution be adopted. Resolution No. 90-63 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. RES. 90-64 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE CENTER FOR COMMUNITY COUNSELING AND EDUCATION. (17) Council Member Reilly made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 90-64 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member pope-Ludlam left the Council Meeting. 9 3/5/90 RES. 90-65 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 2 TO THE AGREEMENT WITH THE REGENTS OF THE UNIVERSITY OF CALIFORNIA RELATING TO THE CITY'S UTILIZATION OF HISTORICAL RESEARCH SERVICES BY THE UNIVERSITY RESEARCH OFFICE, TO REFLECT A PERFORMANCE AND DELIVERY OF WORK PERIOD BETWEEN DECEMBER 1, 1989 AND MARCH 16, 1990.(18) RES. 90-66 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ADOPTION OF STANDARD INSURANCE COMPANY LONG TERM DISABILITY POLICY NO. 602422 FOR MANAGEMENT/ CONFIDENTIAL AND MID-MANAGEMENT EMPLOYEES. (19) RES. 90-67 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6429 ENTITLED IN PART "A RESOLUTION . . . ESTABLISHING A BASIC COMPENSATION PLAN FOR OFFICERS AND/OR EMPLOYEES OF THE POLICE AND FIRE DEPARTMENTS OF THE CITY OF SAN BERNARDINO." (20) Council Member Minor made a motion, seconded by Council Member Reilly, that said resolutions be adopted. Resolution Nos. 90-65, 90-66 and 90-67 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO PARKER PROTECTIVE SERVICES CORPORATION DBA BLANKET SECURITY FOR PROVIDING SECURITY SERVICES FOR ASSESSMENT DISTRICT NO. 990 (Highland Avenue and Guthrie Street). (21) Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be continued to March 19, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 90-68 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SOUTHERN PACIFIC TRANSPORTATION COMPANY RELATING TO THE IMPROVEMENT OF HUNTS LANE AT GRADE CROSSING NO. B- 541.0. (22) RES. 90-69 - A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE AND EXECUTION OF AN INDENTURE WITH THE SOUTHERN PACIFIC TRANSPORTATION COMPANY FOR THE CONSTRUCTION, MAINTENANCE AND USE AS A STREET FOR PROPERTY LOCATED ON HUNTS LANE, SOUTH OF REDLANDS BOULEVARD. (23) 10 3/5/90 Council Member Maudsley made a motion, seconded by Council Member Miller, that said resolutions be adopted. Resolution following vote: Maudsley, Minor, Pope-Ludlam. Nos. 90-68 and 90-69 were adopted by the Ayes: Council Members Estrada, Reilly, Flores, Miller. Noes: None. Absent: Council Member PROTEST HEARING AND RESOLUTION - ACCEPTING WORKS OF IMPROVEMENTS AND CONFIRMING ASSESSMENT IN ASSESSMENT DISTRICT 977A - CAJON & JUNE ACQUISITION DISTRICT This is the time and place set for a protest hearing to consider and accept the works of improvement and confirm the assessment for Assessment District 977A, Cajon and June Acquisition District. (24) In a memorandum dated February 13, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that authorization was granted by the Mayor and Council to proceed with the formation of a special assessment district to allow public financing for subdivision improvements to be constructed within City subdivision Tracts 14184 and 14185. The property owners have been noticed as to their estimated assessment as required by law. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the council table. Mayor Holcomb opened the hearing. No protests were received. RES. 90-70 - RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING THE WORKS OF IMPROVEMENT AND APPROVING "AS- BUILT" CERTIFICATE FOR ASSESSMENT DISTRICT 977A. (Cajon & June Acquisition Dist.) (24) Council Member Council Member Minor closed and that said Pope-Ludlam made a motion, seconded and unanimously carried, that the hearing resolution be adopted. by be Resolution No. 90-70 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. PROTEST HEARING AND RESOLUTION - CONFIRMING ASSESSMENT, ORDERING ACQUISITION, APPROVING ENGINEER'S REPORT- ASSESSMENT DISTRICT 977A - CAJON & JUNE ACQUISITION DISTRICT This is the time and place set for a protest hearing to consider confirming the assessment, ordering the acquisition and 11 3/5/90 approving the engineer's report for Assessment Cajon & June Acquisition District. District 977A, (25) Mayor Holcomb opened the hearing. No protests were received. RES. 90-71 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE ASSESSMENT, ORDERING THE ACQUISITION MADE, TOGETHER WITH APPURTENANCES, AND APPROVING THE ENGINEER'S "REPORT" FOR ASSESSMENT DISTRICT 977A. (Cajon & June Acquisition Dist.) (25) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the hearing be closed and said resolution be adopted. Resolution No. 90-71 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, pope-Ludlam, Miller. Noes: None. Absent: None. RES. 90-72 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LICENSE WITH THE UNITED STATES OF AMERICA. (Underground telephone cable at Tippecanoe Ave. & Mill St.) (26) RES. 90-73 - A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF THAT CERTAIN EAST/WEST ALLEY BETWEEN "G" STREET AND "H" STREET AND BETWEEN SPRUCE STREET AND 6TH STREET AND RESERVING AN EASEMENT FOR PUBLIC UTILITIES THEREIN. (28) Council Member Reilly made a motion, seconded by Council Member Miller, that said resolutions be adopted. Resolution Nos. 90-72 following: Ayes: Council Maudsley, Minor, Pope-Ludlam, None. and 90-73 were Members Estrada, Miller. Noes: adopted Reilly, None. by the Flores, Absent: RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 13307, LOCATED EAST OF CHESTNUT AVENUE, BETWEEN BELMONT AVENUE AND IRVINGTON AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (McClellan Development) (27) City Attorney Penman requested that this item be continued to later in the afternoon for more information. (See page 25). 12 3/5/90 ORDINANCE OF THE CITY OF BERNARDINO MUNICIPAL CODE SAPLING TUMBLEWEEDS AS A THEIR REMOVAL. SAN BERNARDINO AMENDING SAN SECTION 8.27. 010 TO INCLUDE PUBLIC NUISANCE AND REQUIRE (FIRST) (29) In a memorandum dated January 12, 1990, Fred Wilson, Assistant to City Administrator, stated that the proposed ordinance declares sapling tumbleweeds as a public nuisance. The ordinance would also require that the sapling tumbleweeds be removed prior to July 31st of each year. Mayor Holcomb explained the purpose of the ordinance. A discussion ensued on the enforcement of the ordinance. Council Member Minor made a motion, seconded by Council Member Miller, that the ordinance amending Municipal Code Section 8.27.010 to include sapling tumbleweeds as a public nuisance be referred to the Legislative Review Committee. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Minor, Pope-Ludlam, Miller. Noes: Council Member Maudsley. Absent: None. MC-708 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.16 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADOPTING THE UNIFORM FIRE CODE (1988 EDITION) TOGETHER WITH APPENDICES "I-A, I-B, I-C, II-A, II-B, II-D, II-E, III-A, III-B, III-C, III-D, IV-A, VI-A, VI- B, VI-C, VI-D INCLUSIVE AND THE UNIFORM FIRE CODE STANDARD (1988 EDITION). FINAL (30) MC-709 ORDINANCE OF THE CITY OF SAN BERNARDINO AUTHORIZ ING THE WEST END WATER DEVELOPMENT, TREATMENT AND CONSERVATION JOINT POWERS AUTHORITY TO ISSUE REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $75,000,000. FINAL ( 31 ) MC-710 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.66.030 AND REPEALING SECTION 19.66.020 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO NON-CONFORMING BUILDINGS AND USES. FINAL (32) Council Member Minor made a motion, seconded by Council Member Miller, that said ordinances be adopted. Ordinances MC-708, MC-709 following vote: Ayes: Council Maudsley, Minor, Miller. Noes: Pope-Ludlam. Absent: None. and MC-710 were Members Estrada, None. Abstain: adopted by the Reilly, Flores, Council Member 13 3/5/90 PUBLIC HEARING - ANNUAL SIGN CODE STICKER FEE RESOLUTION. This is the time and place set for consider an annual sign code sticker resolution. ORDINANCE AND a public hearing to ordinance and fee (33) In a memorandum dated February 27, 1990, Larry Reed, Director of Planning and Building Services, stated that the proposed ordinance would require an annual inspection of all signage in the City to verify code compliance and structural integrity. The ordinance would also require that each sign display an annual inspection sticker which would require payment of a specified fee. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS 19.60.081 THROUGH 19.60.085 TO THE SAN BERNARDINO MUNICIPAL CODE AND REQUIRING AN ANNUAL SIGN CODE INSPECTION STICKER AND INVENTORY PROGRAM, AND REPEALING SECTION 15.04.085(7). (33) RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING AN ANNUAL SIGN CODE INSPECTION STICKER FEE TO FUND AN INVENTORY, IDENTIFICATION, AND ABATEMENT PROGRAM OF ILLEGAL OR ABANDONED SIGNS. (33) Council Member Flores made a motion, Member Miller and unanimously carried, ordinance and resolution be continued to 1990, in the Council Chambers of City Street, San Bernardino, California. seconded by Council that the hearing, 10:00 a.m., March 19, Hall, 300 North "D" INCREASE BUSINESS LICENSE RATE FOR CARRY-OUT FOOD BUSINESSES - CONTINUED FROM JANUARY 8, 1990 This is the time and place continued to for consideration of an amendment to Municipal Code Section 5.04.525, Subsection C, to increase the business license rate for carry-out food businesses. (34) In a memorandum dated December 20, 1989, Lee Gagnon, Business License Supervisor, proposed an amendment to Municipal Code Section 5.04.525, Subsection C, relative to retail food merchants. The proposed amendment would increase city revenue by $70,000 which would be used to offset the cost for cleanup of trash accumulated in the areas near bus stops, fences, parkways and vacant lots. Mayor Holcomb stated that he has been working with the Chamber of Commerce and the food industry to find a solution to the blight problem caused by carry-out food businesses. A discussion ensued regarding the effects on grocery stores if their business license rates were increased. 14 3/5/90 Council Member Minor made a motion, seconded by Council Member Miller, that the matter of amending Municipal Code Section 5.04.525, Subsection C, to increase business license rate for carry-out businesses, be continued to April 2, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Minor, Pope-Ludlam, Noes: Council Member Maudsley. Absent: None. Council Miller. ISSUANCE OF BUILDING PERMITS - REBUILDING OF RESIDENCE AT 1040 1/2 WEST BASELINE - CONTINUED FROM FEBRUARY 5, 1990 This is the time and place continued to for an appeal filed by Pamela Perea on the Board of Building Commissioners' decision to order the demolition of a fire damaged residence at 1040 1/2 Baseline. (35) In a memorandum dated February 27, 1990, Larry Reed, Director of Planning and Building Services, stated that the ordinance repealing Section 19.66.020 was laid over for final passage on February 19, 1990. The repeal of Section 19.66.020 was recommended to avoid having to demolish or change the use of a building simply because it is out of zone for some specific time (40 years for masonry buildings, 30 years for other fire resistive buildings, and 20 years for wood frame buildings). City Attorney Penman advised the Council that Mrs. Perea has withdrawn her appeal. Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the Perea's appeal of the order of the Board of Building Commissioners to demolish the structure at 1040 1/2 West Baseline, be denied and uphold the decision of the Board of Building Commissioners. RECESS MEETING At 11:10 a.m., Mayor Holcomb declared a ten-minute recess. RECONVENE MEETING At 11:20 a.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, pope-Ludlam, Miller. Sr. Assistant City Attorney Barlow, City Clerk Clark, City Administrator Julian. l5 3/5/90 EXTENSION OF ORDER OF ABATEMENT - 4444 NORTH FOURTH AVENUE - MR & MRS. LANE - DISCUSSED EARLIER IN THE MEETING UNDER PUBLIC COMMENTS SEE PAGE 5 City Attorney Penman gave a report on the file from Building and Safety concerning the order of abatement issued to Mr. and Mrs. Lane at 4444 North Fourth Avenue. Mr. Penman also presented pictures showing the condition of the property. (3) COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY The Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order by Chairman Holcomb in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 90-74 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO COMMENDING THE MEMBERS OF THE CITIZENS ADVISORY COMMITTEE FOR THE PROPOSED MT. VERNON CORRIDOR REDEVELOPMENT PROJECT AREA AND DISSOLVING THE COMMITTEE. (R-6A) RES. 90-75 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE BY-LAWS OF THE PROJECT AREA COMMITTEE OF THE MT. VERNON CORRIDOR REDEVELOPMENT PROJECT AREA. (R-6B) Council Member Flores made a motion, seconded by Council Member Estrada, that said resolutions be adopted. Resolution following vote: Maudsley, Minor, None. Nos. 90-74 and 90-75 were adopted Ayes: Council Members Estrada, Reilly, Pope-Ludlam, Miller. Noes: None. by the Flores, Absent: COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. VACATION - PORTION OF HUFF STREET BETWEEN CRESCENT AVENUE AND "G" STREET AUTHORIZATION TO PROCEED- CONTINUED FROM FEBRUARY 19, 1990 This is the time and place continued to for authorization to proceed with the vacation of a portion of Huff Street, between Crescent Avenue and "G" Street. (36) In a memorandum dated January 18, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that he had received a request from Daniel A. Nishikawa, Project Manager for Cove Development Co., Inc., to vacate a portion of Huff Street between Crescent Avenue and "G" Street. Cove Development owns 16 3/5/90 the property to the south of the areas proposed for vacation (600 South "G" Street), and they are negotiating for the property to the north of the area (537 Crescent Avenue). Cove Development Co. , Inc. , is planning to expand the parking facilities to service both buildings. Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the Director of Public works/City Engineer and the City Clerk be authorized to proceed with the proposed vacation of a portion of Huff Street between Crescent Avenue and "G" Street; that Plan No. 8031, showing the proposed vacation of a portion of Huff Street between Crescent Avenue and "G" Street, be approved with the understanding that the vacation will be ordered only if the property owners to the north and to the south come to an agreement. ENCROACHMENT FEE UTILITY LANE CLOSURES - CONTINUED FROM FEBRUARY 19, 1990 This is the time and place continued to for consideration of an urgency ordinance relating to encroachment permits for traffic lane closures. (37) AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 12.04.055 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ENCROACHMENT PERMITS FOR TRAFFIC LANE CLOSURES. FIRST (37) In a memorandum dated February 5, 1990, Fred Wilson, Assistant to the City Administrator, explained why encroachment permits are required for traffic lane closures. Sue responded regarding requests. Noreen, Area Manager of Southern California Edison, to the proposed ordinance and answered questions the notification process for traffic lane closure Jim King, District Manager, Southern California Gas Company, responded to the ordinance and presented concerns about increase administrative burden on his company. Lorraine Velarde, Executive Assistant to explained that the proposed ordinance is designed encroachment permit for normal maintenance, not situations. the Mayor, to require an for emergency City Administrator Julian stated that the proposed ordinance has been reviewed by the Legislative Review Committee. He stated that the proposed ordinance will enhance coordination between the contractors, utility companies, Water Department and Public Works Department when street development is to be performed on city streets. 17 3/5/90 Sr. Assistant City Attorney Barlow stated that a revised ordinance has been prepared to replace the urgency ordinance and that adoption of the urgency ordinance is no longer necessary. Council Member Reilly made a motion, seconded by Council Member Estrada, that first reading of the ordinance be waived and said ordinance be laid over for final passage. The motion carried by the following vote: Members Estrada, Reilly, Flores, Minor. Noes: Mauds1ey, Pope-Ludlam, Miller. Absent: None. Ayes: Council Council Members ACKNOWLEDGMENT - RAMONA ALESSANDRO SCHOOL Mayor Holcomb acknowledged the elementary students from Ramona Alessandro School in the audience. Lorraine Velarde, Executive Assistant to the Mayor, presented certificates of commendation to each of the students for participating in the robot project which was displayed on the Sixth Floor of City Hall. Mrs. Ballister accepted the certificates of commendation on behalf of the students. RECESS MEETING At 12:00 p.m., Mayor Holcomb declared a recess until 2:00 p.m. RECONVENE MEETING At 2:00 p.m., Mayor Holcomb called the Regular Meeting to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb: Council Members Estrada, Reilly, Flores, Maudsley, Minor, pope-Ludlam, Miller; Deputy City Attorney Empeno, City Clerk Clark, City Administrator Julian. Absent: None. APPEAL - PLANNING COMMISSION DENIAL OF TENTATIVE TRACT NO. 14604 - NORTHEAST CORNER OF MAGNOLIA AVENUE AND OHIO AVENUE - SIERRA ENGINEERING This is the time and place set for an appeal of the Planning Commission's denial of Tentative Tract No. 14604 to subdivide a 15.21 acre parcel into 47 single-family lots at the northeast corner of Magnolia Avenue and Ohio Avenue as requested by Sierra Engineering. (5l) 18 3/5/90 In a memorandum dated February 21, 1990, Larry Reed, Director of Planning and Building Services, explained that the Planning Commission denied the application for Tentative Tract No. 14604 because adequate infrastructure to support the development that has occurred, or is scheduled to occur, in the Verdemont area has not been provided. In a memorandum dated March 2, 1990, Deputy City Attorney Empeno provided the finding of facts in support of three possible motions regarding Tentative Tract No. 14604. He recommended that motion three be considered. Bud Roberts, 27007 Fifth Street, Highland, California, stated that he agrees with all the conditions for Tentative Tract 14604 with the exception of Conditions 23 and 24 of Exhibit "D"- Infrastructure Financing Additional Verdemont Area Conditions of Approval provided in motion three of the staff report dated March 2, 1990, from Deputy City Attorney Empeno. Mr. Roberts explained that with Conditions 23 and 24 in place, his client would be prohibited from securing a construction loan and in turn prohibit his client from participating in the infrastructure improvement program for the Verdemont area. Mr. Roberts requested that the second paragraph of Condition 23 be eliminated or modified to allow the Director of Public Works to decide the "appropriateness" of the project. He also requested that the second paragraph of Condition 24 be considered an alternative if the first paragraph of Condition 24 cannot be met. Mr. Roberts provided updated information concerning construction of certain improvements that have already installed in the Verdemont area. the been Larry Reed, Director of Planning and Building Services, explained why motion three outlined in the memorandum from Deputy City Attorney Empeno, dated March 2, 1990, was recommended for approval. He stated that with Condition 24 in place, the start of construction on the homes would be limited until construction contracts for the schools have been awarded and occupancy of the homes would not occur until the schools were completed. The Mayor and Council discussed how the second school in the Verdemont area would be built if the requirements in Condition No. 24 were removed. Mayor Holcomb explained that through participation in the proposed Mello Roos Community Facilities Assessment District, funds would be provided payable directly to the school district for the construction of schools in the Verdemont area. 19 3/5/90 Mayor Holcomb opened the hearing. Mike Hansen, a resident of Magnolia Street, expressed concerns regrading the impact of development on elementary schools in the Verdemont area; the lack of police and fire support; decrease in water pressure; and the environmental impact report for Tentative Tract 14604. He requested that more infrastructure be in place prior to development in the Verdemont area. Mayor Holcomb responded to Mr. Hansen's concerns. He stated that a recently adopted ordinance requires that developers and owners of vacant property pay their fair share of infrastructure through the purchase of development rights. Under this program, the basic infrastructure can be installed in the Verdemont area. Gary Smith, a resident of Meyers Road, complained that he and several neighbors did not receive notice of the appeal hearing for Tentative Tract 14604. Seven people in the audience stated they had not received notices. Mr. Roberts stated that notification will not be sent to the seven individuals, because they do not live within 500 feet of the project. Gary Smith stated Tentative Tract 14604 did not adequately addressed the issues of ingress and egress as proposed in the newly adopted Uniform Fire Code. Mr. Smith questioned which would be installed first: the infrastructure improvements or the development of the homes. Mayor Holcomb stated that development will occur prior to completion of all the infrastructure in the Verdemont area. Mayor Holcomb requested that this matter be continued until 3:00 p.m. after the assessment district hearing. (See page 25 ). RECESS MEETING At 3:05 p.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 3: 2 0 p. m., the Regular Meeting 0 f the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Council Member Pope-Ludlam. 20 3/5/90 CITY-WIDE STREET LIGHTING AND SWEEPING ASSESSMENT DISTRICT - CONTINUED FROM JANUARY 8, 1990 This is the time and place continued to for authorization to proceed with the city-wide street lighting and sweeping assessment district. This matter was referred to the Legislative Review Committee for review at the January 8, 1990, Council meeting. (39) In a memorandum dated October 24, 1989, Roger Hardgrave, Director of Public Works/City Engineer, requested authorization to proceed with the establishment of an assessment district for city-wide street lighting and sweeping services. The inclusion of a twice a month street sweeping into the assessment district will provide further maintenance and beautification of the City street system. The total amount that will be raised by the assessment district is approximately $2,150,000. Mayor Holcomb proposed that if the assessment district is formed, all the money saved in the general fund will be used for additional police personnel and to upgrade the police benefit package. COUNCIL MEMBER At 3:22 p.m., Council Meeting and POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived took her place at the council table. at the Mayor Holcomb explained the benefits of creating a city-wide street lighting and street sweeping assessment district. Dan Robbins, Chief accomplished with the assessment district. of Police, explained what would additional money raised through be the Chief Robbins answered questions regarding the amount of funds needed to upgrade the police benefit package. Ci ty Attorney Penman answered questions regarding justification for forming an assessment district to collect fees for street sweeping and street lighting in the City. Mayor Holcomb opened the hearing. Susan Johnson, a resident of Sundance Drive, spoke in favor of the assessment district. John Easton, owner of the San Bernardino Dental Group building, stated that the Police Department is doing a fine job and agreed that the proposed assessment district is an excellent idea for providing additional lighting and street sweeping services for the City. 21 3/5/90 Peter F. Paul, 1817 Parks ide Drive, objected to the proposed assessment district. He requested information regarding the funds that were saved from the reduced street sweeping from twice a month to once a month and where the 500 additional street lights will be installed. City Administrator Julian answered questions regarding utility service costs to the City. Helen Hewitt, area block captain of 2700 pershing Street, opposed the formation of an assessment district for street sweeping and street lighting but agreed that additional police are needed in the City. She felt that those on a limited income would not be able to afford the assessment. Mayor Holcomb explained that any homeowner on a fixed income with a family income of $15,000 or less will be exempt from paying the $50.00 per year assessment. Don Downs, 5th and "G" Street business owner, supported the assessment district. Bud Ammons, owner of Ammon's Diamond and Coin Gallery, spoke regarding the increase in crime along 5th and 4th Streets. He suggested that the route for police officers patrolling the downtown area on motor scooters be changed periodically. Syed Amin, owner of 7-11, 495 North "G" Street, spoke regarding the increase in crime in the area of his store. Mr. Amin spoke in favor of the proposed assessment district. Irene Teets, owner of a child care business at 2424 Kendall Drive, opposed the creation of the street lighting and sweeping assessment district. She suggested that the City and County Board of Supervisors work together and impose a fine equal to the amount the California Highway Patrol charges for ATC and dirt bikers trespassing. She stated that there is a serious problem with ATC and dirt bikers trespassing in the foothill area. Fay Rodgers, 3396 N. Mt. View, asked if a cap will be placed on the amount of the assessment fee. Mayor Holcomb responded to Mrs. Rogers inquiry. Verne Nadeau, Real Property Supervisor, explained the procedures for establishing an assessment district. He stated that a public hearing will be scheduled in approximately three months and that every property owner will be notified of the assessment costs. 22 3/5/90 A discussion ensued regarding the insertion of a sunset clause in the resolution providing a review of the assessment district at the end of five years. Verne Nadeau stated that such a clause can be inserted in the resolution of intention at a later date. Andy Green, Director of regarding funds expended in the lighting and street sweeping. Finance, answered questions 89-90 fiscal year for street City Attorney Penman referred to a suggested motion that was distributed to the Council. The motion reads as follows: "Direct the City Attorney to draft an ordinance mandating that the amount of money spent for street lighting and street sweeping in the 1989-90 fiscal year from the General Fund be allocated to the Police Department, in addition to their annual budgeted allocation, for each year that said City wide street lighting and sweeping assessment district raises an amount at least equal to said amount spent for street lighting and sweeping in the 1989-90 fiscal year". Each Council Member expressed their views regarding the proposed assessment district. Mayor Holcomb closed the public hearing. Council Member Estrada made a motion, seconded by Council Member Reilly, that the City Engineer and City Clerk be authorized to proceed with the establishment of an assessment district under the provisions of Chapter 12.90 of the San Bernardino Municipal Code and that the City Engineer be directed to prepare an engineer's report for the proposed assessment of cost of electrical energy for street lights and twice a month street sweeping in the entire City of San Bernardino; and that the City Engineer be authorized to issue a Request for Proposals for assessment engineering services in connection with the proposed assessment district. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Pope-Ludlam, Miller. Noes: Members Flores, Maudsley, Minor. Absent: None. Council Council LOW INCOME EXEMPTION PROGRAM CONTINUED FROM JANUARY 8, 1990 This the time and place continued to for users tax low income exemption program. referred to the Legislative Review Committee 1990, Council Meeting. UTILITY USERS TAX a proposed utility This matter was at the January 8, (40) 23 3/5/90 In a memorandum dated February 20, 1990, Ken Henderson, Director of Community Development, stated that the Legislative Review Committee recommended that the household income limits for the utility users' tax exemption be increased to $12,000 and $15,000, respectively, as requested by the Senior Affairs Commission. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 3.44 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO EXEMPTIONS FROM THE UTILITY USERS TAX FOR CERTAIN LOW INCOME RESIDENTS. FIRST (40) RES. 90-76 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING LOW INCOME AMOUNTS FOR QUALIFICATION FOR EXEMPTIONS FROM THE UTILITY USERS TAX. Council Member Miller made a motion, seconded by Council Member Minor and unanimously carried, that the first reading of the ordinance be waived and said ordinance be laid over for final passage; and that further reading of the resolution be waived and said resolution be amended by interdelineation to add a sentence that this resolution shall not become effective until 30 days after final reading of the ordinance relating to the exemption of users tax and adopted as amended. Resolution No. 90-76 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. RECESS MEETING At 4:50 p.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 4:58 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Council Members Flores, Miller. 24 3/5/90 90-77 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 13307, LOCATED EAST OF CHESTNUT AVENUE, BETWEEN BELMONT AVENUE AND IRVINGTON AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (McClellan Development) (Continued from earlier in the meeting) (See page 12) (27) This is the time and place continued to from earlier in the meeting to consider the adoption of a resolution approving final map for Tract No. 13307 located east of Chestnut Avenue, between Belmont Avenue and Irvington Avenue. (27) City Attorney Penman explained why the resolution had been revised. Council Member Maudsley made a motion, seconded by Council Member Reilly, that the revised resolution be adopted. Resolution No. 90-77 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Pope- Ludlam. Noes: None. Absent: Council Members Flores, Miller. COUNCIL MEMBERS FLORES AND MILLER ARRIVED Council Members Flores and Miller arrived at the Council Meeting and took their places at the council table. APPEAL PLANNING COMMISSION'S DENIAL OF TENTATIVE TRACT NO. 14604 - SUBDIVISION - NORTHEAST CORNER OF MAGNOLIA AVENUE AND OHIO AVENUE - SIERRA ENGINEERING- (CONTINUED FROM EARLIER IN MEETING) (SEE PAGE 18) This is the time and place continued to for consideration of an appeal of the Planning Commission's denial of Tentative Tract No. 14604 to subdivide a 15.21 acre parcel into 47 single-family lots at the northeast corner of Magnolia Avenue and Ohio Avenue. The appeal was filed by Sierra Engineering. (51) Gary Smith, a resident of Meyers Road, felt that all infrastructure should be in place prior to any further development of Tentative Tract 14604. Bud Roberts of Sierra Engineering stated that the second paragraph of Condition 23 and the first paragraph of Condition 24 of the Infrastructure Financing and Timing Conditions (Exhibit "D") will have to be omitted in order to obtain financing to install the infrastructure improvements. 25 3/5/90 Council Member Member Reilly and closed. Estrada made a motion, seconded by Council unanimously carried, that the hearing be Council Member Member Reilly, that amended as follows: Estrada made a motion, seconded by Council Condition Nos. 23 and 24 in Exhibit "D" be Modifications to Exhibit "D" Infrastructure Financinu. Additional Verdemont Area Conditions of Aooroval 23. The developer or any successor in interest to any portion of the subdivision shall participate in the establishment of assessment district (s) or other approved financing plans for "right-of-way improvements" and "public improvements" (improvements) and shall sign and record an agreement which guarantees payment of their proportionate share of these improvements at the time of issuance of building permits. "Public Improvement" shall mean the acquisition, construction and installation of drainage facilities, park facilities, fire station facilities and landscaping as described in the Engineer's report dated January 2, 1990. "Right of Way improvements" shall mean the acquisition, construction and installation of full width streets as described in the Engineer's report dated January 2, 1990, in the following locations: Those certain portions of Palm Avenue and Kendall Drive which to undeveloped lots Avenue between Verdemont are immediately adjacent Walnut Avenue Irvington to Belmont Belmont to Ohio (portions) Irvington Pine to Olive (portions) Olive to Magnolia Olive Avenue Verdemont Avenue to Ohio Ohio to Belmont (portions) Belmont to Irvington Olive Avenue Pine to Palm (portions) Palm to west of Little League Drive Magnolia Avenue Verdemont Avenue to Little League Drive Verdemont Avenue Little League Drive to Palm Avenue Palm to Pine (portions) 26 3/5/90 Little League Drive Irvington to Verdemont Frontage Road Palm to City Limits (Devore) Meyers Road Little League Dr. to new Section New Section to Cable Canyon Cable Canyon Road Meyers Road to Frontage Road (new roadway) Belmont Avenue Pine to Olive (limited portions) Olive to Palm (portions) Palm to just past Little League Drive Ohio Avenue Pine to Palm (portions) Palm to west of Little League Drive 24. A letter authorized by the School Board shall be submitted to the Planning and Building Services Department prior to permits being issued stating that adequate facilities are available to serve the increase in student enrollment generated by this development. The motion carried by the following vote: Members Estrada, Reilly, Flores, Pope-Ludlam, Council Members Maudsley, Minor, Absent: None. Ayes: Council Miller. Noes: Council Member Estrada made a motion, seconded by Council Member Reilly, that the appeal be upheld; that the mitigation monitoring/reporting program be adopted; that the mitigated negative declaration be adopted; and that Tentative Tract No. 14606 be approved subject to the findings of facts as amended, conditions of approval and standard requirements contained in the February 6, 1990, Planning Commission staff report (Exhibit "E"). Attachment "B" to Exhibit "E" - Findinus of Fact as Modified l. The requested subdivision is consistent with the minimum lot development standards of the RL, Residential Low, land use designation and is consistent with the General Plan adopted by the Mayor and Common Council on June 2, 1989, in that the density of the proposed tract is 2.83 dwelling units per gross acre while the plan will allow 3.1 dwelling units per gross acre. 2. All lots created meet Municipal Code requirements in that each rectangular lot has a minimum width of 80 feet (88 feet on corner lots) and depth of 100 feet. The irregular lots meet Code requirements. 27 3/5/90 3. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor serious public health problems nor public safety problems in that adequate infrastructure to support this development and future development in the Verdemont area will be provided in a timely manner and that development will occur according to the conditions of approval and standard requirements contained in this report. 4. The proposed tract meets or exceeds the minimum requirements of the City's Subdivision Ordinance (Title 18) and the State Subdivision Map Act. All lots will have frontage on dedicated streets. 5. All proposed streets meet the minimum requirements of the Department of Public Works for street improvements. 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision in that no public agency has stated comments regarding required easements. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Pope-Ludlam, Miller. Noes: Council Members Maudsley, Minor. Absent: None. APPEAL PLANNING COMMISSION'S DENIAL OF TENTATIVE TRACT NO. 13630 35-SINGLE-FAMILY LOTS - NORTHEAST CORNER OF BELMONT AND MAGNOLIA AVENUES JOSEPH E. BONADIMAN AND ASSOCIATES, INC. CONTINUED FROM FEBRUARY 19, 1990 This is the time and place continued to for consideration of an appeal on the Planning Commission's denial of Tentative Tract No. 13630 to subdivide a 11.42 acre parcel into 35 single-family lots at the northeast corner of Belmont and Magnolia Avenues. The appeal was filed by Joseph E. Bonadiman and Associates, Inc. (50) Larry Reed, Director of Planning and Building Services, gave the background and explained why the Planning Commission denied Tract No. 13630. Gary Smith, 3208 Meyers Road, expressed concerns regarding a recent newspaper article addressing water contamination in the City. Mayor Holcomb disagreed with Mr. Smith's comments. 28 3/5/90 The applicant, Joseph Bonadiman, 250 Lena Road, expressed concern regarding Condition of Approval No. 18 requiring that Lot No. 35 shall be non-buildable in order to preserve two adult eucalyptus trees on the lot. Mr. Bonadiman offered to furnish ten adult trees to be installed anywhere in the Verdemont area if the two eucalyptus trees are removed and the lot becomes buildable. Council Member pope-Ludlam made a motion, seconded by Council Member Reilly, that Lot 35 will be buildable with the understanding that the developer is required to furnish five adult trees (24" box) for the Verdemont area for each eucalyptus blue gum removed from Lot 35. The motion carried by the following vote: Ayes: Member Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Noes: Council Member Minor. Absent: None. Council Miller. Council Member Member Reilly and closed. Minor made unanimously a motion, seconded carried, that the by Council hearing be Council Member Reilly made a motion, seconded by Council Member Estrada, that the appeal be upheld; that the mitigated negative declaration be adopted; that the mitigation monitoring/reporting program be adopted; and that Tentative Tract No. 13630 be approved subject to the findings of fact, conditions of approval and standard requirements contained in the January 23, 1990, Planning Commission staff report (Exhibit "E"- listed below as modified) and the additional infrastructure financing and timing conditions contained in (Exhibit "D"-listed below as modified) Attachment "B" to Exhibit "E" - Findinus of Fact as Modified 1. The requested subdivision is consistent with the minimum lot development standards of the RL, Residential Low, land use designation and is consistent with the General Plan adopted by the Mayor and Common Council on June 2, 1989, in that the density of the proposed tract is 3.06 dwelling units per gross acre while the plan will allow 3.1 dwelling units per gross acre. 2. All lots created meet Municipal Code requirements in that each rectangular lot has a minimum width of 80 feet (88 feet on corner lots) and depth of 100 feet. The irregular lots meet Code requirements. 29 3/5/90 3. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor serious public health problems nor public safety problems in that adequate infrastructure to support this development and future development in the Verdemont area will be provided in a timely manner and that development will occur according to the conditions of approval and standard requirements contained in this report. 4 . The proposed tract meets or exceeds the minimum requirements of the City's Subdivision Ordinance (Title 18) and the State Subdivision Map Act. All lots will have frontage on dedicated streets. 5. All proposed streets meet the minimum requirements of the Department of Public Works for street improvements. 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision in that no public agency has stated comments regarding required easements. Modifications to Exhibit "D" Infrastructure Financinu. Additional Verdemont Area Conditions of Approval 29. The developer shall comply with all applicable provisions of Resolution No. 89-116 adopted by City Council on April 17, 1989, concerning development timing within the Verdemont area. 30. The developer or any successor in interest to any portion of the subdivision shall participate in the establishment of assessment district(s) or other approved financing plans for "right-of-way improvements" and "public improvements" (improvements) and shall sign and record an agreement which guarantees payment of their proportionate share of these improvements at the time of issuance of building permits. "Public Improvements" shall mean the acquisition construction and installation of drainage facilities, park facilities, fire station facilities and landscaping as described in the Engineer's report dated January 2, 1990. 30 3/5/90 "Right of Way Improvements" shall mean the acquisition, construction and installation of full width streets as described in the Engineer's report dated January 2, 1990, in the following locations: Those certain portions Verdemont Avenue and immediately adjacent to of Palm Avenue between Kendall Drive which are undeveloped lots: Walnut Avenue Irvington to Belmont Belmont to Ohio (portions) Olive Avenue Verdemont Avenue to Ohio Ohio to Belmont (portions) Belmont to Irvington Magnolia Avenue Verdemont Avenue to Little League Drive Little League Drive Irvington to Verdemont Meyers Road Little League Drive to New Section New Section to Cable Canyon Belmont Avenue Pine to Olive (limited portions) Olive to Palm (portions) Palm to just past Little League Drive Irvington Pine to Olive (portions) Olive to Magnolia Olive Avenue Pine to Palm (portions) Palm to west of Little League Drive Verdemont Avenue Little League Drive to Palm Avenue Palm to Pine (portions) Frontage Road Palm to City Limits (Devore) Cable Canyon Road Meyers Road to Frontage Road (new roadway) Ohio Avenue Pine to Palm (portions) Palm to west of Little League Drive 3l. A letter authorized by the School Board shall be submitted to the Planning and Building Services Department prior to permits being issued stating that adequate facilities are available to serve the increase in student enrollment generated by this development. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: Council Member Minor. Absent: None. 31 3/5/90 STREET ADDRESS SAFETY PROGRAM In a memorandum dated February 26, 1990, Mayor Holcomb proposed a street address safety program which will use non- profit organizations to stencil house numbers on street curbs as a means of assisting police and fire emergency response units in locating house numbers. The estimated cost for the street address safety program is $55,000.00. (41) A discussion ensued regarding the effects on other non- profit organizations which provide stencilling services. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, that the Street Address Safety Program, as detailed in the staff report dated February 26, 1990, be approved at a cost not to exceed $55,000.00. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Pope-Ludlam. Noes: Members Maudsley, Minor, Miller. Absent: None. Council Council ORAL PRESENTATION - INSTALLATION OF MICROWAVE EQUIPMENT - DEAN GREY, TELECOMMUNICATIONS CONTINUED FROM FEBRUARY 19, 1990 This is the time and place continued to for an oral presentation by Dean Gray, Director of Telecommunications, relative to the new access channel and enhanced capabilities as a result of the installation of microwave equipment on Comcast leased property. (38) Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that the oral presentation relative to the new access channel and enhanced capabilities as a result of installation of the microwave equipment on Comcast leased property be referred to the Ways and Means Committee. REFUND OF FEES - LIGHTHOUSE FOR THE BLIND In a memorandum dated February 14, 1990, Fred Wilson, Assistant to the City Administrator, stated that the Lighthouse for the Blind submitted a request for a refund of plan check and permit fees in the amount of $29,908.40 relating to a 20,000 square foot addition to their school on Sierra Way. After a review of the receipts and the time frame limitations specified in Ordinances MC-653 and MC-68l a revised reimbursement of $21,637.06 was recommended. (42) Attached to Fred Wilson's memorandum was a letter dated December 6, 1989, from Robert G. McBay, Executive Director, San Bernardino Valley Lighthouse for the Blind, giving the details of his request for reimbursement. He also included a complete itemization of fees paid to the City. 32 3/5/90 Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that the request for refund of fees for the Lighthouse for the Blind, in the amount of $21,637.06, be approved. APPEAL - BOARD OF BUILDING COMMISSIONER'S DECISION - ABATEMENT OF WEEDS - "F" STREET BETWEEN BASELINE AND 13TH STREET - GEORGE SPERLING This is the time and place set for an appeal of the Board of Building Commissioner's decision relative to the abatement of weeds on property located on "F" Street between Baseline and 13th Street as requested by George Sperling in a letter dated February 8, 1990. (43) In a memorandum dated February 21, 1990, Manuel P. Moreno, Jr., Director of Public Services, stated that a protest hearing before the Board of Building Commissioner'S was held on February 2, 1990, on the assessment on Mr. George Sperling's property. Based upon the evidence presented to the Board of Building Commissioner's, the Board unanimously adopted the sum of $405.00 to be assessed against Mr. Sperling. Mr. George Sperling was not present at the Council meeting. The Mayor and Council agreed to continue the appeal hearing to the next council meeting. Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that the appeal hearing be continued to March 19, 1990, in the Council Chambers of City Hall, 300 North "D" Street; and that the appellant be notified of the continuance. RATE INCREASE ELECTION BOARD WORKERS AT POLLING PLACES In a memorandum dated February 12, 1990, Shauna Clark, City Clerk, stated that each year the City Clerk's Office has a greater difficulty locating and retaining polling places and election officers. One of the reasons for refusal is that the City does not pay enough for the work that is required. City Clerk Clark requested that the pay be raised as follows: (44) Inspectors Polling places $60.00 45.00 Clerks/Judges 45.00 Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley and unanimously carried, that the proposed rate increase for election board workers be referred to the Ways and Means Committee and brought back to the council meeting of March 19, 1990. 33 3/5/90 INCREASE IN NUMBER OF MEDICAL TRANSPORTATION VEHICLES In a memorandum dated February 20, 1990, Lee Gagnon, Business License Supervisor, stated that the Bureau of Franchises at their meeting of December l2, 1989, received a request from Courtesy Services of San Bernardino to increase the permitted number of ambulance and wheelchair passenger transportation vehicles in the City. (45) The Bureau of Franchises unanimously recommended that Municipal Code Section 5.76.060 Subsection B3 and B4 be amended to permit one ambulance per 10,000 residents and one wheelchair passenger transportation vehicle per 30,000 residents of the City respectively. In a letter dated December 6, 1989, D. Steven Rice, President, Courtesy Ambulance Service of San Bernardino, 338 West Seventh Street, San Bernardino, California, provided various graphs to support his request to increase the permitted number of ambulances and wheelchair passenger transportation vehicles in the City. Steve Rice answered questions stating that the proposed amendment will allow a total of fifteen ambulances. Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the City Attorney be instructed to prepare an ordinance amending Municipal Code Section 5.76.060 Subsection B3 and B4 to permit one ambulance per 10,000 residents and one wheelchair passenger transportation vehicle per 30,000 residents of the City respectively. COUNCIL MEMBER MINOR EXCUSED Council Member Minor left the Council Meeting. ADDITION OF TWO FIRE PREVENTION OFFICERS AND ONE TYPIST CLERK III - FIRE PREVENTION DIVISION - FIRE DEPARTMENT In a memorandum dated February 2, 1990, Gerald M. Newcombe, Fire Chief, requested authorization to add two Fire Prevention Officers and one Typist Clerk III to the Fire Prevention Division in the Fire Department. He stated that these new employees will be hired as general employees, not safety employees. (46) City Administrator Julian stated that additional information will be available at the next council meeting. Council Member Miller made a motion, seconded by Council Member pope-Ludlam and unanimously carried, that the request to add two Fire Prevention Officers and one Typist Clerk III to the Fire Prevention Division of the Fire Department be continued to March 19, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 34 3/5/90 COUNCIL MEMBER MINOR RETURNED Council Member Minor returned to the Council Meeting and took his place at the council table. ADDITIONAL POSITIONS - CITY CLERK'S OFFICE BUSINESS LICENSE DIVISION - BUSINESS LICENSE INSPECTOR, ACCOUNT CLERK I FACILITIES MANAGEMENT DEPARTMENT- ADMINISTRATIVE OPERATIONS SUPERVISOR II AND DELETION OF ADMINISTRATIVE OPERATIONS SUPERVISOR I. In a memorandum dated February 22, 1990, Gordon Johnson, Director of Personnel, provided information regarding the requests from Shauna Clark, City Clerk, for one additional Business License Inspector and one additional Account Clerk I; and Wayne Overstreet, Director of Facilities Management, to upgrade the position of Administrative Operations Supervisor I to Administrative Operations Supervisor II. (47) In a letter dated February 2, 1990, Lee Gagnon, Business License Supervisor, explained that the two additional positions of Business License Inspector and Account Clerk I are needed in the Business License Division to implement the single family rental license program. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the position of Business License Inspector and Account Clerk I be added to the City Clerk's Department, Business License Division; that the position of Administrative Operations Supervisor II be added, and that the position of Administrative Operations Supervisor I be deleted from the Facilities Management Department; and that the Director of Personnel be directed to prepare an amendment to Resolution No. 6433. ADDITIONAL POSITIONS DEPARTMENT OF BUILDING AND PLANNING SERVICES - SENIOR CODE COMPLIANCE OFFICER AND TYPIST CLERK II - SIGN STICKER AND COMMERCIAL PROPERTY CODE ENFORCEMENT PROGRAM In a memorandum dated February 7, 1990, Larry Reed, Director of Planning and Building Services, stated that on January 25, 1990, the Legislative Review Committee recommended approval of a Sign and Commercial Property Code Enforcement Program. Revenue generated by the annual sign sticker fees program will be used to fund the additional staff needed to administer the program. (48) Council Member pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that the request for additional personnel in the Department of Building and Planning Services be continued to March 19, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino. 35 3/5/90 COUNCIL MEMBER MAUDSLEY EXCUSED Council Member Maudsley left the Council Meeting. INSTALLATION OF OFF-SITE STREET IMPROVEMENTS- COLLECTION OF ASSESSMENTS - AUTHORIZATION TO INITIATE PROCEEDINGS In a memorandum dated February 7, Director of Public Works/City Engineer, survey has been made relative to the improvements on streets within the City. 1990, Roger Hardgrave, stated that a second necessity of off-site (49) A list was prepared of those streets needing off-site street improvements of either paving, curbs, gutters, sidewalks, or combinations thereof, at an estimated cost of $38,161.00. If the property owners choose not to do the work, the construction will go to bid for an outside contract or be done by the Public Services Department. The property owners will have three years in which to pay the assessment on their respective tax bills. Council Member Pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that the Director of Public works/City Engineer be authorized and directed to initiate proceedings for the installation of necessary off-site improvements under the provisions of Chapter 27 of the Improvement Act of 1911 on the following described parcels of land: 134-031-22; 135-252-28 ; 136-131-35; 138-292-01; 134-081-10; 135-271-05 ; 136-201-15; 138-292-20; 134-081-22; 135-271-17 ; 137-052-27 ; 140-211-47; 135-091-07 ; 136-071-17 ; 137-104-04; and that assessments in excess of $50.00 therefor, if any, will be collected in annual installments, not exceeding three years, on the respective County tax bills and that such installments bear interest at the rate of 7% per annum on the unpaid balance. COUNCIL MEMBER MAUDSLEY RETURNED Council Member Maudsley returned to the Council Meeting and took his place at the council table. REPLACEMENT OF ROOF THRIFTY BUILDING (CITY HALL ANNEX) APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated February 28, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for the replacement of the roof for the Thrifty Building have been prepared and the project is ready to be advertised for bids. The project entails removing the original roofing materials and installing a modified bitumen roofing membrane at an estimated project cost of $48,800. (S-l) 36 3/5/90 Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly and unanimously carried, that the plans for roof replacement for the Thrifty Building (City Hall Annex), in accordance with Plan No. 8074, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. CONSTRUCTION OF PEDESTRIAN BRIDGE - THRIFTY BUILDING (CITY HALL ANNEX) - APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated February 28, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for the construction of a pedestrian bridge, from the third floor of the Thrifty Building to the fifth level of the five-level parking structure, have been prepared and the project is ready to be advertised for bids. The project consists of constructing a covered pedestrian walkway to facilitate access from the parking structure at a total estimated project cost of $l06,500. (S-2) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the plans for construction of a pedestrian bridge from the Thrifty Building (City Hall Annex) to the five-level parking structure, in accordance with Plan No. 8076, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. RES. 90-78 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF THE PROVISION OF CERTAIN EQUIPMENT ITEMS FOR VARIOUS REDEVELOPMENT PROJECT AREAS OF THE CITY. (S-3) RES. 90-79 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF CERTAIN PUBLIC RIGHT-OF-WAY IMPROVEMENTS FOR THE STATE COLLEGE REDEVELOPMENT PROJECT AREA. (S-4) RES. 90-80 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF CERTAIN PUBLIC RIGHT-OF-WAY IMPROVEMENTS FOR THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA. (S-5) Council Member Estrada made a motion, seconded by Council Member Maudsley, that said resolutions be adopted. 37 3/5/90 Resolution Nos. 90-78, 90-79, 90-80 were following vote: Ayes: Council Members Estrada, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. adopted Reilly, None. by the Flores, Absent: COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council Meeting. RES. 90-81 - RESOLUTION OF THE CITY OF SAN BERNARDINO OPPOSING THE FEDERAL HIGHWAY ADMINISTRATION'S DESIGNATION OF THE ROUTE 30 CORRIDOR FOR TWO-MILE INTERCHANGE SPACING. (Emergency Item) Council Member Minor this matter agenda. Member Estrada made a motion, seconded by Council and unanimously carried, that a finding be made that arose subsequent to the posting of the Council COUNCIL MEMBER MILLER RETURNED Council Member Miller returned the Council Meeting and took her place at the council table. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 90-8l Ayes: Council Members: Minor, Pope-Ludlam, Miller. was adopted by the following vote: Estrada, Reilly, Flores, Maudsley, Noes: None. Absent: None. RECESS MEETING - CLOSED SESSION At 6:13 p.m., Council Member Minor made a motion, seconded by Council Member Estrada and unanimously carried, that the Mayor and Common Council and Community Development Commission recess to closed session for the following: (1) a. to give instruction to the City' s/Commission' s negotiator on the purchase of property pursuant to Government Code Section 54956.8. The real property which the negotiations concern is generally located at: ; b. to consider personnel matters pursuant to Government Code Section 54957; C. to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6; 38 3/5/90 d. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities pursuant to Government Code Section 54957; e. to confer wi th the attorney regarding pending litigation pursuant to Government Code Section 54956.9(b)(1), as there is significant exposure to litigation; f. to confer with the attorney regarding litigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending Section decide g. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section 54956.9(a) as follows: Citv of San Bernardino vs. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239193; Stubblefield Construction Company. et al vs. City of San Bernardino. et al - San Bernardino Superior Court Case No. 232998; San Bernardino Superior Court Case No. 252058; Sock Dawson. et al vs. City of San Bernardino. et al- United States District Court Case No. SA 88-461 AHS (RWRx); Reynolds vs. City of San Bernardino Superior Court Case No. 248752; San Bernardino Dudley Brewster. et al vs. Southern Pacific Railroad. et al - San Bernardino Superior Court Case No. 249736; Save San Bernardino vs. City of San Bernardino San Bernardino Superior Court Case No. 250425; C.F.B. Investments. Ltd. vs. City of San Bernardino - United States District Court - Case No. SA CV89-862 JSC (RWRx); Randall vs. City of San Bernardino - San Bernardino Superior Court Case No. 250472; Grady vs. City of San Bernardino - San Bernardino Superior Court Case No. 243287; Southern Pacific Transportation Company. et al vs. City of San Bernardino San Francisco Superior Court Case No. 877359; 39 3/5/90 Charles H. Brown vs. City of San Bernardino. et al - United States District Court Case No. SACV 88-495 (AHS); Charles Hudson Brown vs. Domino. et al - San Bernardino Superior Court Case No. 243087. CLOSED SESSION At 6:13 p.m., the closed session was called to order by Mayor Holcomb in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Administrator Julian. Absent: City Clerk Clark. ADJOURN CLOSED SESSION At 6:15 p.m., the closed session was adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino, California. RECONVENE MEETING At 6: 15 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: None. ADJOURNMENT At 6: 15 p.m., Council Member Pope-Ludlam made a motion, seconded by Council Member Minor and unanimously carried, that the meeting be adjourned to l:30 p.m., Wednesday, March 7, 1990, at the Feldheym Library, 555 West Sixth Street, San Bernardino, California. (52) SHAUNA CLARK City Clerk -4i:f{Ji';1U..) &-.6U'la-ncL eputy City Clerk k No. of Hours: 7 hours 45 minutes No. of Items: 61 40 3/5/90