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HomeMy WebLinkAbout03-19-1990 Minutes City of San Bernardino, California March 19, 1990 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 8:40 a.m., Monday, March 19, 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, Flores, Maudsley, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Council Members Estrada, Minor. RECESS MEETING - CLOSED SESSION At 8:40 a.m., Council Member Miller made a motion, seconded by Council Member Flores 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 litigation pursuant to 54956.9(b)(l), as there litigation; attorney regarding pending Government Code Section is significant exposure to 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 3/19/90 g. to confer wi th 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: City of San Bernardino vs. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239l93; Stubblefield Construction Companv. 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. Ci tv 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. Citv 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; 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; Delores Wilson vs. City of San Bernardino - San Bernardino Superior Court Case No. 252224; Stenersen vs. City of San Bernardino - Federal District Court Case No. SA CV89-88 (JSL) (RWRx); Transcontinental Insurance Company vs. City of San Bernardino - Federal District Court Case No. CV-87-0957-RMT. 2 3/19/90 CLOSED SESSION At 8:40 a.m., Mayor Holcomb 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 with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Pope-Ludlam, Miller; City Attorney Penman, City Administrator Julian. Absent: Council Members Estrada, Minor; City Clerk Clark. Also present were: Senior Assistant Deputy City Administrator Robbins; Administrative Operations Supervisor. City Attorney Brue; Margaret Scroggin, READING OF RESOLUTIONS AND ORDINANCES City Clerk Clark read the titles of all the resolutions and ordinances on the regular, supplemental and Community Development Commission agendas. COUNCIL MEMBER ESTRADA ARRIVES At 8:55 a.m., Council Member Estrada arrived at the closed session. CITY CLERK CLARK ARRIVED AT THE CLOSED SESSION At 9:00 a.m., City Clerk Clark arrived at the closed session. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the closed session. SENIOR ASSISTANT CITY ATTORNEY BRUE AND ADMINISTRATIVE OPERATIONS SUPERVISOR SCROGGIN EXCUSED At 9:20 a.m., Senior Assistant City Attorney Administrative Operations Supervisor Scroggin left session. Brue and the closed POLICE CHIEF DAN ROBBINS ARRIVES AT THE CLOSED SESSION Police Chief Dan Robbins arrived at the closed session. ADJOURN CLOSED SESSION At 9:27 a.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 9:30 a.m., Mayor Holcomb 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. 3 3/19/90 ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Council Member Minor. INVOCATION The invocation was given by Deacon Joseph P. Key of St. Anthony's Catholic Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Miller. SERVICE PIN AWARD CEREMONY Lorraine Velarde, Executive Assistant to the Mayor, read the names of employees receiving service pin awards. Each gratitude City. employee received a service pin from Mayor Holcomb in for his/her many years of dedicated service to the ( 4 ) COMMENDATION - LITERACY PROGRAM Lorraine Velarde, Executive Assistant resolution of commendation for the success Program. to the Mayor, read a on the Adult Literacy (6 ) Mayor Holcomb presented the resolution to S' Ann Freeman, Library Literacy Coordinator, and Robert Ewing, City Librarian. Mr. Ewing will also forward a resolution to Ms. Margaret Lesher, founder of Contra Costa Literacy Alliance. PROCLAMATION - CHILDREN IN CRISIS DAY - MARCH 24, Lorraine Velarde read a proclamation declaring 1990, as Children in Crisis Day. 1990 March (6) 24, Mayor Holcomb presented the proclamation to Ms. Kimberly Kelly, a volunteer coordinator for the Children in Crisis Center, at the St. Bernardine Medical Center. Ms. Kelly stated that the Children in Crisis Center is having a Mardi Gras fund raiser on March 24, 1990, and extended an invitation to the Mayor and Council and to the people in the community to attend this event in support of the crisis center. ANNOUNCEMENT BY MAYOR - MAGNOLIA TREE - SECCOMBE LAKE PARK Mayor Holcomb announced that the magnolia tree is coming back to life at Seccombe Lake Park. (2) 4 3/19/90 ANNOUNCEMENT BY MAYOR - CLOSURE OF CIVIC CENTER MOTEL AND TRINITY CHRISTIAN CHURCH Mayor Holcomb announced that the Civic Center Motel at 655 North "D" Street, San Bernardino, and Trinity Christian Church at 1207 West Baseline Avenue, San Bernardino, were closed down because of dangerous and hazardous conditions in the facilities. (See also page 22) (2) City Attorney Penman gave a report on the closure of the Trinity Christian Church. He stated that the crime in that area is very high, and he had received reports of drug activities and other problems occurring in the church. Mr. Penman also expressed concern regarding what he considered an inaccurate press portrayal on the closure of the church. He stated that the Code Enforcement Division of the Planning/Building Services Department had taken photographs of the Trinity Christian Church and Civic Center Motel and will be giving a presentation. Larry Reed, Director of Planning and Building Services, stated that the Trinity Christian Church was not designed for housing people and under the present State Building Code, this is prohibited. Debra Daniel, Code Compliance Officer, described the photographs taken of the Trinity Christian Church. She stated that over 50 people were living in the basement of the church with no shower or adequate facilities for housing tenants. She stated that a total 23 electrical violations were found to be unsafe and hazardous and citations were written. Larry Reed, Director of Planning/Building Services, gave the background that led to the closure of the Civic Center Motel. He stated that motel was designed for tourists and business people visiting the city. It was not designed to house tenants on a permanent basis. He stated that the landscaping and building has been allowed to deteriorate. Danny Nolfo, photographs taken of building was in very Code Compliance Officer, described the the Civic Center Motel. He stated that the poor condition and was unsafe for tenants. City Attorney Penman explained that the City has never closed a building providing shelter to the homeless without providing alternate shelter. He stated that the City has an obligation to see that the shelters are in a safe condition with adequate facilities to house the homeless. PUBLIC COMMENT - SUSAN SMITH HARTMANN Susan Smith Hartmann spoke regarding the problems encountered in the downtown area of San drugs and crime Bernardino. (3 ) 5 3/19/90 PUBLIC COMMENT - JOHN LIGHTBURN John Lightburn, 149 West Sixth Street, San Bernardino, California, 92404, expressed concern regarding the housing crisis for the low income people in the City of San Bernardino. He stated that there is a need for a Housing Authority Commission or Housing Task Force to address these problems. (3) WAIVING OF RESOLUTIONS AND ORDINANCES Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas be waived. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. COUNCIL MINUTES - FEBRUARY 19, 1990 - FEBRUARY 21, 1990 Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the minutes of the meetings of the Mayor and Common Council of the City of San Bernardino held on February 19, 1990, and February 21, 1990, be approved as submitted in typewritten form. (7) MAIN STREET, INC. - CHILI COOK-OFF - CITY HALL PLAZA AREA - MARCH 31, 1990 In a staff report dated March 9, 1990, City Administrator Julian presented a memorandum dated March 6, 1990, from Ann Harris, Executive Director of Main Street Inc., requesting permission to hold a chili cook-off in the City Hall Plaza area on March 31, 1990. (8) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that Main Street, Inc. be authorized to conduct a chili-cook-off on the City Hall Plaza area, March 31, 1990, subject to such conditions as may be required by the City Administrator. VACATION OF A PORTION OF 5TH STREET BETWEEN DALLAS AVENUE AND MERIDIAN AVENUE ADOPTION OF NEGATIVE DECLARATION In a memorandum dated March 6, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that the negative declaration for Public Works Project No. 89-48 was recommended for adoption by the Environmental Review Committee. A 2l-day public review period was afforded and no comments were received. (9) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the negative declaration for Public Works Project No. 89-48, vacation of a portion of 5th Street between Dallas Avenue and Meridian Avenue, be adopted. 6 3/19/90 Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that a finding be made that the vacation of a portion of 5th Street between Dallas Avenue and Meridian Avenue, is consistent with the circulation element of the General Plan. VACATION OF A PORTION EUCALYPTUS AVENUE AND NEGATIVE DECLARATION In a memorandum dated March 6, 1990, Roger Hardgrave, Director, Public works/City Engineer, reported that the negative declaration for Public Works Project No. 90-03 was recommended for adoption by the Environmental Review Committee. A 2l-day public review period was afforded and no comments were received. (10) OF JEFFERSON PEPPER AVENUE AVENUE BETWEEN ADOPTION OF Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the negative declaration for Public Works Project No. 90-03, vacation of a portion of Jefferson Avenue between Pepper Avenue and Eucalyptus Avenue, be approved. Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that a finding be made that the vacation of a portion of Jefferson Avenue between Pepper Avenue and Eucalyptus Avenue, is consistent with the circulation element of the General Plan. FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM - 1989-90 THROUGH 1993-94 In a memorandum dated March 7, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that the negative declaration for Public Works Project No. 90-04 was recommended by adoption by the Environment Review Committee. A 2l-day public review period was afforded and no comments were received. (11) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that a negative declaration for Public Works Project No. 90-04, the Five-Year Capital Improvement Program for 1989/90 through 1993/94, be adopted. Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that a finding be made that the Five-Year Capital Improvement Program for 1989/90 through 1993/94 is consistent with the infrastructure, community services and utilities elements of the General Plan. 7 3/19/90 INSTALLATION OF UNDERGROUND STORM DRAIN IN MEYERS ROAD FROM LITTLE LEAGUE DRIVE TO MEYERS CREEK - ADOPTION OF NEGATIVE DECLARATION In a memorandum dated March 7, 1990, Roger Hardgrave, Director of Public works/City Engineer, stated that the negative declaration for Public Works Project No. 90-05 was recommended for adoption by the Environmental Review Committee. A 21-day public review period was afforded and no comments were received. (12) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the negative declaration for Public Works Project No. 90-05, installation of an underground storm drain in Meyers Road from Little League Drive to Meyers Creek, be adopted. Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that a finding be made that the installation of an underground storm drain in Meyers Road from Little League Drive to Meyers Creek, is consistent with the infrastructure and community services element of the General Plan. WIDENING OF PEPPER AVENUE AT GRADE CROSSING NO. 2-83.9 - BOB BRITTON, INC - APPROVAL AND ACCEPTANCE OF WORK In a memorandum dated March 7, 1990, Roger Hardgrave, Director, Public works/City Engineer, stated that all work performed under the contract with Bob Britton, Inc., for the widening of Pepper Avenue at grade crossing No. 2-83.9 was satisfactorily completed as of February 22, 1990, and the final contract price was $65,640.17. (13) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the work performed by the contractor for the widening of Pepper Avenue at grade crossing No. 2-83.9, in accordance with Plan No. 7555, be approved and accepted; and that final payment be authorized at the expiration of the lien period. POLICE OFFICERS SERVING AS HONOR GUARDS AT BURIAL OF OFFICER ROBERT SHULTIS - RATIFICATION OF OUT-OF-STATE TRAVEL EXPENSES In a memorandum dated March 6, 1990, Daniel A. Robbins, Chief of Police, stated that Officer Robert Shultis died while on duty February 10, 1990. The officer was buried five days later in Farmington, New York. He explained that he had received prior approval from City Administrator Julian to send a police honor guard to the burial site. A total of seven Police Department employees attended as honor guard members. The San Bernardino Police Officers Association agreed to share equally in the total cost of trip which was $3,500. The Police Department would pay $1,766.83. (14) 8 3/19/90 Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the out-of-state travel to Farmington, New York (previously approved by the City Administrator) for seven police officers who served as honor guard members at the burial of Officer Robert Shultis, be ratified. CLAIMS AND PAYROLL Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the claims and payrolls and the authorization to issue warrants as listed on the memorandum dated March 12, 1990, from the Director of Finance, be approved. (15) PERSONNEL ACTIONS Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated March 8, 1990, in accordance with all administrative regulations of the City of San Bernardino be approved. (16) JOINT POWERS FINANCING AUTHORITY REGULAR MEETING This is the time and place set for a Joint Powers Financing Authority meeting. (17) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the regular meeting of the Joint Powers Financing Authority be adjourned to April 16, 1990. RES. 90-82 - 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. (18) RES. 90-83 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN RECORDS BY THE CITY CLERK'S OFFICE. (19) Council Member Maudsley made a motion, seconded by Council Member Flores, that said resolutions be adopted. Resolution No. 90-82 and 90-83 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Miller. Noes: None. Absent: Council Member Minor, Pope-Ludlam. RES. 90-84 - 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 & Guthrie Street) (Continued from March 5, 1990) (20) 9 3/19/90 Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding the starting date for the security services. Council Member Maudsley made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 90-84 was adopted by the following vote: Ayes: Council Member Estrada, Reilly, Flores, Maudsley, Miller. Noes: None. Absent: Council Members Minor, Pope-Ludlam. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. RES. 90-85 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A NINETY (90) DAY EXTENSION TO THE AGREEMENT WITH GERALD M. NEWCOMBE TO ASSUME RESPONSIBILITY FOR THE OVERALL MANAGEMENT AND OPERATION OF THE CITY OF SAN BERNARDINO FIRE DEPARTMENT DURING THE PERIOD OF RECRUITMENT AND SELECTION PROCESS. (21 ) A discussion ensued regarding the number of days the Acting Fire Chief can work under the PERS retirement. The Council discussed the wording in the amended agreement which states that the agreement may be extended by the City Administrator for a period not to exceed ninety days. It was the consensus of the Council to delete this wording in the agreement. Council Member Maudsley made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be amended by deleting lines 20 and 21 of the amendment to agreement and said resolution be adopted as amended. Resolution 90-85 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: None Absent: Council Member Minor. RES. 90-86 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PARKING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KAUFMAN WALD INVESTMENT COMPANY, A CALIFORNIA CORPORATION, BY THE MAYOR OF THE CITY OF SAN BERNARDINO ON BEHALF OF SAID CITY. (22) RES. 90-87 - RESOLUTION OF THE CITY OF SAN BERNARDINO TO THE CITY OF ROXAS, PHILIPPINES, CONFIRMING THE SISTER CITY AFFILIATION BETWEEN THE TWO CITIES. (23) 10 3/19/90 RES. 90-88 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH TOM DODSON & ASSOCIATES TO PERFORM SERVICES. (Planning/Building Services) (25) Council Member Pope-Ludlam made a motion, seconded by Council Member Flores, that said resolutions be adopted. Resolution Nos. 90-86, 90-87 and 90-88 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Minor. RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING WAGES, HOURS, INSURANCE BENEFITS AND WORKING CONDITIONS FOR FIRE SAFETY EMPLOYEES WORKING IN JOB CLASSIFICATIONS REPRESENTED BY FIRE FIGHTERS, LOCAL 891. (24) Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that said resolution establishing wages, hours, insurance benefits and working conditions for fire safety employees be continued to the meeting of April 2, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A GRANT DEED CONVEYING CERTAIN SURPLUS PROPERTY LOCATED AT 269 SOUTH MT. VERNON AVENUE, IN THE CITY OF SAN BERNARDINO, TO PATRICIA BOBBITT. (26) (See page 34) A discussion ensued regarding the lessee not being in compliance with the lease agreement. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the resolution authorizing execution of a grant deed conveying property at 269 South Mt. Vernon to patricia Bobbitt, be tabled until the lessee is in compliance with the lease agreement. RES. 90-89 - A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF THE REMAINDER OF "J" STREET, NORTH OF OAK STREET AND SOUTH OF THE AREA PREVIOUSLY VACATED SOUTH OF THE LYTLE CREEK CHANNEL AND RESERVING EASEMENTS FOR SANITARY SEWER AND PUBLIC UTILITIES THEREIN. (27) 11 3/19/90 RES. 90-90 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 10352-2, LOCATED ON THE NORTH SIDE OF NORTHPARK BOULEVARD, EAST OF THE TERMINUS OF LITTLE MOUNTAIN DRIVE, ACCEPTING THE PUBLIC DEDICATION 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. (28) Council Member Miller made a motion, seconded by Council Member Flores, that said resolutions be adopted. Resolution Nos. following vote: Ayes: Maudsley, Pope-Ludlam, Member Minor. 90-89 and 90-90 were adopted Council Members Estrada, Reilly, Miller. Noes: None. Absent: by the Flores, Council RES. 90-91 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF ADDENDUM SCHEDULES TO EXISTING LEASE PURCHASE AGREEMENT NO. 86-1112 WITH PACIFIC CORP CAPITAL INC. FOR THE FINANCING OF FIFTY (50) PIECES OF EQUIPMENT IN THE VEHICLE REPLACEMENT FUND IN ACCORDANCE WITH LEASE PURCHASE QUOTATION LP9003. (29) City Administrator Julian answered questions regarding the lease purchase agreement. He explained that the agreement is a five year leasing program with ten semi-annual payments. Council Member Flores made a motion, seconded by Council Member Reilly, that said resolution be adopted. Ayes: Miller. Minor. Resolution No. 90-91 was adopted by the following vote: Council Member Estrada, Reilly, Flores, Pope-Ludlam, Noes: Council Member Maudsley. Absent: Council Member ORD. MC-711 BERNARDINO BERNARDINO PERMITS FOR AN ORDINANCE OF THE CITY OF SAN ADDING SECTION 12.04.055 TO THE SAN MUNICIPAL CODE RELATING TO ENCROACHMENT TRAFFIC LANE CLOSURES. (FINAL) (30) Council Member Miller made a motion, seconded by Council Member Estrada, that said ordinance be adopted. Ordinance MC-711 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Pope-Ludlam, Miller. Noes: Council Member Maudsley. Absent: Council Member Minor. ORD. MC-7l2 - 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. (FINAL) (31) 12 3/19/90 Council Member Flores made a motion, seconded by Council Member Reilly, that said ordinance be adopted. Ordinance MC-7l2 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Minor. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 10.52.020 OF THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING A SPEED ZONE ON MORGAN ROAD OF THIRTY-FIVE MILES PER HOUR BETWEEN LAKEWOOD DRIVE AND LITTLE MOUNTAIN DRIVE. (FIRST) (32) Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that said ordinance be laid over for final passage. COUNCIL MEMBER FLORES EXCUSED Council Member Flores left the Council meeting. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SUBDIVISION B OF SECTION 2.58.010 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE LOCATION OF MEETINGS OF THE MAYOR AND COMMON COUNCIL. (FIRST) (33) Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that said ordinance be laid over for final passage. COUNCIL MEMBER FLORES RETURNED Council Member Flores returned to the Council meeting and took his place at the council table. PUBLIC HEARING - ANNUAL SIGN CODE STICKER ORDINANCE AND FEE RESOLUTION - ADDITION OF PERSONNEL - CONTINUED FROM MARCH 5, 1990 This is the time and place continued to for consideration of adoption of a fee resolution and ordinance for an annual sign code sticker program. (34 & 38) 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). (34) 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. (34) 13 3/19/90 City Attorney Penman explained that the ordinance and resolution should be continued because Government Code Section 54992 requires that data be available ten days prior to the hearing. He stated that the data was only available for eight days. He pointed out that item 38 on the agenda which adds sign code personnel is related to the sign code inspection sticker program and should also be continued. A discussion ensued regarding continuing the resolution and adopting the ordinance. It was the consensus of the Council to continue items 34 and 38 to this afternoon to allow the City Attorney to investigate the government code section and provide further information as to why the ordinance and resolution should be continued. (Discussed later in meeting see page 18) APPEAL BOARD OF BUILDING COMMISSIONER'S DECISION ABATEMENT OF WEEDS - "F" STREET BETWEEN BASELINE AND 13TH STREET - GEORGE SPERLING - CONTINUED FROM MARCH 5, 1990 This is the time and place continued to 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. ( 35) 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 Commissioners, the Board unanimously adopted the sum of $405.00 to be assessed against Mr. Sperling. Attached to Mr. Moreno's memorandum was Mr. Sperling's letter of appeal dated February 8, 1990. City Administrator Julian stated that the applicant has requested that the appeal be continued as it is difficult fdr him to attend the Council meeting because of his working schedule. A discussion ensued regarding where the notice was mailed and why the applicant did not receive the notice in time. Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that the appeal of George Sperling relative to the assessment made by the Board of Building Commissioners with regard to the abatement of weeds from property located on "F" Street between Baseline and 13th Streets be denied and the decision by the Board of Building Commissioner be upheld. 14 3/19/90 RATE INCREASE ELECTION BOARD WORKERS AT POLLING PLACES - CONTINUED FROM MARCH 5, 1990 This is the time and place continued to for discussion on a proposed increase of rates for election board workers at polling places. (36) At the meeting of March 5, 1990, the Council referred the proposed rate increases for election board workers at polling places to the Ways and Means Committee for discussion. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that the recommendation of the ways and Means Committee be approved and the City Clerk be authorized to pay election officers and polling place rental as follows: Inspectors Clerk/Judges Polling place rental $70.00 50.00 60.00 ADDITION OF TWO FIRE PREVENTION OFFICERS AND ONE TYPIST CLERK III - FIRE PREVENTION DIVISION - FIRE DEPARTMENT - CONTINUED FROM MARCH 5, 1990 This is the time and place continued to for approval of the addition of two Fire Prevention Officers and one Typist Clerk III in the Fire Prevention Division of the Fire Department. (37) Council Member Maudsley made a motion, seconded by Council Member Estrada and unanimously carried, that the Director of Personnel be instructed to prepare an amendment to Resolution 6433 to reflect the addition of two Fire Prevention Officers and on Typist Clerk III to the Fire Prevention Division of the Fire Department. SOLID WASTE TASK FORCE IMPLEMENTATION OF AB 939 In a memorandum dated March 12, 1990, City Administrator Julian outlined the resolution by the Board of Supervisors regarding the establishment of a task force for AB 939, which requires local agencies to solve refuse recycling and disposal issues. The Board is proposing a revised composition for the 37 member AB 939 Task Force. (39) Mayor Holcomb informed the Council that Supervisor Barbara Riordan stated that she would like to meet to discuss this task force. Mayor Holcomb recommended that this matter be continued. Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that the resolution proposed by the Board of Supervisors regarding composition of the membership for the AB 939 Task Force, be continued to the Council Meeting of April 2, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 15 3/19/90 SAN BERNARDINO COUNTY COMMUNITY SERVICES DEPARTMENT- CLIENT MOTIVATION PROGRAM AT WESTS IDE DROP-IN CENTER In a memorandum dated March 6, 1990, Annie Ramos, Director of Parks, Recreation and Community Services, stated the San Bernardino County Community Services Department has requested proposals through their Community Services Block Grant funding for programs providing direct services to low income clients. This program would provide motivational sessions to help build self esteem, self-worth, and to raise the clients' social and economic expectancy levels. The Parks and Recreation Department would like to apply for a $2,500 grant for a client motivation program to be given at the Westside Drop-In Center. (40) Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that the Director of Parks, Recreation and Community Services Department be authorized to apply for and administer a San Bernardino County Community Services Department grant of $2,500 for a client motivation program at the Westside Drop-In Center. REORGANIZATION OF PLANNING AND BUILDING SERVICES In a memorandum dated March 12, 1990, Gordon Johnson, Director of Personnel, outlined the details of Larry Reed's proposed reorganization of the Planning/Building Services Department. The Personnel Department's recommendation for salaries for the new classifications are also listed. All the additional positions were recommended by the Council Personnel Committee and have been calculated for 12 months at step 5 of their salary range, plus 30 percent for fringe benefits. (41) Council Member Member Miller and positions be added Services: Flores made a motion, seconded by Council unanimously carried, that the following to the Department of Planning and Building Number of positions added Title of Positions add one (each) Planning Division Mgr.; Mgr. of Development Services; Administrative Operations Supervisor II; Associate Planner add two (each) Typist Clerk II; Plan Checker add three (each) Planning Aide; 16 3/19/90 and that the following positions be deleted from the Department of Planning and Building Services: Number of positions deleted delete one (each) Title of Qositions Director of Planning; Senior Planner; Senior Secretary; and that the Director of Personnel prepare an amendment to Resolution Nos. 6413 and 6433. RECESS MEETING At 11:00 a.m., Mayor Holcomb declared a ten-minute recess. RECONVENE MEETING At 11:15 a.m., Mayor Holcomb reconvened the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Miller; City Attorney Penman, City Clerk Clark City Administrator Julian. Absent: Council Members Minor, Pope-Ludlam. ACCEPT RESTORED POLICE PATROL UNIT INTO CITY FLEET In a memorandum dated February 20, 1990, Roger Hardgrave, Director, Public Works/City Engineer, reported that the San Bernardino Police Reserve Unit has obtained a 1966 Ford custom 4- door sedan, similar to the patrol units used during that era. A black and white paint job has been donated by Mr. Mike Face. It is the Reserve Unit's intention to restore the vehicle to resemble a patrol unit used in the 1960s. The vehicle would be used for show purposes of various community functions such as the National Orange Show, parades, crime prevention activities, etc. (42) Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, that authorization be granted for the Fleet Manager to accept the 1966 Ford custom 4- door sedan that is being restored by the San Bernardino Police Reserve Unit to resemble a patrol vehicle from the 1960s into the City's fleet; and that the expenditure of up to $600 per year for fuel, oil, service and minor repairs be approved. 17 3/19/90 LANDSCAPING ASSESSMENT DISTRICT - FOOTHILL DRIVE FROM STERLING AVENUE TO ARDEN AVENUE In a memorandum dated March 7, 1990, Roger Hardgrave, Director, Public Works/City Engineer, recommended that an assessment district be established for the installation and maintenance of landscaping along Foothill Drive, from Sterling Avenue to Arden Avenue. Landscaping this section of Foothill Drive would improve the esthetics for the residents of the area that regularly use this street while driving to and from their homes. (43) Mayor Holcomb stated that this proposed assessment district is in the preliminary stages and is part of the beautification program. The City would assist neighborhoods in forming their own assessment districts and would grant incentives of up to fifty percent of the original cost of the improvements. He suggested that this be tabled until all the details have been worked out. Council Member Miller made a motion, Member Estrada and unanimously carried, formation of an assessment district along Sterling Avenue to Arden Avenue be tabled. seconded by Council that the proposed Foothill Drive from WAIVER OF CONDITION TO CONNECT TO SEWER SYSTEM - 425 E. ARROWHEAD ROAD In a memorandum dated March 1, 1990, Roger Hardgrave, Director of Public Works/City Engineer, presented a request from the property owner at 425 East Arrowhead Road for waiver from city requirement to hook up to the sewer, due to the difficulty of extending the nearest main. (44) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the request for waiver of the condition to connect to the sewer system for the property located at 425 East Arrowhead Road, be referred to the Environmental Review Committee. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. PUBLIC HEARING - ANNUAL SIGN CODE STICKER ORDINANCE AND FEE RESOLUTION - DISCUSSED EARLIER IN THE MEETING This is the time and place continued to for consideration of adopting a fee resolution and ordinance for an annual sign code sticker program and for approval of additional personnel to administer the program. (See Page 13 & 14) (34 & 38) 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). (34) 18 3/19/90 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. (34) Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that items 34 and 38 regarding the sign sticker code enforcement program be continued to the meeting of April 2, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY REGULAR MEETING 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. CITY ATTORNEY PENMAN EXCUSED City Attorney Penman was excused and was replaced by Senior Assistant City Attorney Barlow. RES. 90-92 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A JOINT DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CFB INVESTMENTS, LTD. (R-9A) In a staff report dated March 13, 1990, Kenneth Henderson, Director of Community Development, stated that in August, 1985, the Housing Authority of the County of San Bernardino issued approximately 12.4 million dollars in multi-family mortgage revenue bonds for the construction of a three-hundred, eighteen (318) unit apartment project, commonly known as Shadow Hills Village Apartments. Because of a number of events beyond the control of the developer, which included the State Office of Planning and Research imposed building moratorium, the subsequent two year General Plan Revision Work Program and litigation between the developer and the City, the project did not go forward in the time frame originally envisioned. (R-9) Mayor Holcomb announced that in closed session the Council adopted a settlement agreement in the case of CFB Investments Limited vs. the City of San Bernardino. In a memorandum addressed to the Mayor and Council dated February 19, 1990, City Attorney Penman provided an opinion related to the proposed settlement of CFB Investments Limited vs. the City. He stated that it is the opinion of the Ci ty Attorney's Office that there was no "taking", not even a "temporary taking" of the property of CFB Investments and therefore there is little, if any, liability to the City. It is 19 3/19/90 believed that, should liability be assigned to the City, the amount is unlikely to exceed the value of the property. Therefore, the City Attorney's Office recommended that the settlement be rejected and that the case proceed to trial. In another memorandum dated March 16, 1990, City Attorney Penman stated that it is the responsibility of the attorney to advise the client of the pros and cons of settlement or trial. In the memorandum dated February 19, 1990 those positive and negatives were presented. He stated that the opinion of the City Attorney's office is that the CFB Investments vs. the City of San Bernardino lawsuit is a leoally defensible case and the written recommendation in the previous memorandum remains unchanged. Ken Henderson, Director of Community Development, answered questions regarding the number of units in this development. Council Member Maudsley made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution Ayes: Council Miller. Noes: Minor. No. 90-92 was adopted by the following vote: Member Estrada, Reilly, Maudsley, Pope-Ludlam, Council Member Flores. Absent: Council Member RES. 90-93 - RESOLUTION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION FOR AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT. (R-10A) AN ORDINANCE OF THE CITY OF SAN AMENDING ORDINANCE NO. MC-561 PLAN FOR THE CENTRAL CITY NORTH (FIRST) BERNARDINO, CALIFORNIA, AND THE REDEVELOPMENT REDEVELOPMENT PROJECT. (R-10B) RES. 90-94 - RESOLUTION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, VERIFYING A NEGATIVE DECLARATION FOR AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY WEST REDEVELOPMENT PROJECT. (R-11A) AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ORDINANCE NO. MC-561 AND THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY WEST REDEVELOPMENT PROJECT. (FIRST) (R-11B) RES. 90-95 - RESOLUTION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION FOR AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY EAST REDEVELOPMENT PROJECT. (R-12A) AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ORDINANCE NO. MC-563 AND THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY EAST REDEVELOPMENT PROJECT. (FIRST) (R-12B) 20 3/19/90 RES. 90-96 - RESOLUTION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION FOR AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT. (R-13A) AN ORDINANCE OF THE CITY AMENDING ORDINANCE NO. PLAN FOR THE SOUTHEAST PROJECT. (FIRST) OF SAN BERNARDINO, CALIFORNIA, MC-565 AND THE REDEVELOPMENT INDUSTRIAL PARK REDEVELOPMENT (R-13B) RES. 90-97 - RESOLUTION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION FOR AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MEADOWBROOK PROJECT NO.1. (R-14A) AN ORDINANCE OF THE CITY AMENDING ORDINANCE NO. PLAN FOR THE MEADOWBROOK (FIRST) OF SAN BERNARDINO, CALIFORNIA, MC-558 AND THE REDEVELOPMENT REDEVELOPMENT PROJECT. (R-l4B) RES. 90-98 - RESOLUTION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION FOR AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY SOUTH REDEVELOPMENT PROJECT. (R-15A) AN ORDINANCE OF THE CITY OF SAN AMENDING ORDINANCE NO. MC-564 PLAN FOR THE CENTRAL CITY SOUTH (FIRST) BERNARDINO, CALIFORNIA, AND THE REDEVELOPMENT REDEVELOPMENT PROJECT. (R-15B) RES. 90-99 - RESOLUTION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION FOR AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE STATE COLLEGE REDEVELOPMENT PROJECT. (R-16A) AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ORDINANCE NO. MC-560 AND THE REDEVELOPMENT PLAN FOR THE STATE COLLEGE REDEVELOPMENT PROJECT. (FIRST) (R-16B) Council Member Flores made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that said resolutions be adopted and that first reading of said ordinances be waived and said ordinances be laid over for final passage. Resolution Nos. 90-93, 90-94, 90-95, 90-96, 90-97, 90-98 and 90-99 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Minor. RECESS MEETING - CLOSED SESSION At 11:35 a.m., the Mayor and Common Council acting as the Community Development Commission recessed to closed session. 21 3/19/90 ADJOURN CLOSED SESSION At 12:00 p.m., the closed session was adjourned to 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. RECONVENE MEETING At 12:00 p.m., Mayor Holcomb reconvened the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Holcomb; Council Member Estrada, Reilly, Flores, Maudsley, Ludlam, Miller; City Attorney Penman, City Clerk Clark, Administrator Julian. Absent: Council Member Minor. Mayor Pope- City RECESS MEETING At 12:00 p.m., Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the Regular Meeting of the Mayor and Common Council of the City of San Bernardino recess until 2:00 p.m. RECONVENE MEETING At 2:00 p.m., Mayor Holcomb 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 Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller; Deputy City Attorney Empeno, City Clerk Clark. Absent: Council Member Minor; City Administrator Julian. ANNOUNCEMENT BY MAYOR - CAPTAIN LELAND NORTON Mayor Holcomb announced that a picture of Captain Leland Norton, after which Norton Air Force Base was named, will be displayed in the lobby of City Hall. (2) ANNOUNCEMENT BY MAYOR - CIVIC CENTER MOTEL CLOSURE In reference to an earlier presentation, Mayor Holcomb announced that on February 7, 1990, the owner of the Civic Center Motel at 655 North "D" Street, San Bernardino, was notified that there would be an inspection of the premises. Therefore, the owner was aware of the inspection but did not respond. (See page 5) (2) 22 3/19/90 APPEAL - PLANNING COMMISSION'S DENIAL OF VARIANCE NO. 89-8 - CONSTRUCT A SECOND FREE-STANDING MONUMENT SIGN- 228 WEST HOSPITALITY LANE - CONTINUED FROM FEBRUARY 19, 1990 This is the time and place continued to for consideration of an appeal of Variance No. 89-8 filed by the Sunset Group to construct a second free-standing monument sign at 228 West Hospitality Lane. (45) Mayor Holcomb opened the hearing. patricia Green, 225 West Hospitality Lane, San Bernardino, gave the circumstances of her request to install a second free- standing monument sign. She stated that at the last Council meeting it was felt that there was a need for changes to the signage program for the Hospitality Lane area. Larry Reed, Director of Planning/Building Services, read the options available and gave the background information of the past Council action. Ms. Green answered questions regarding continuing the appeal until July 2, 1990. Ms. Green stated that a tenant has been occupying the premises at 228 W. Hospitality Lane and explained that the tenant's business is suffering because there is no proper signage. Ms. Green stated that lease agreement for this building was based on the city sign ordinances in effect at the time of execution of the agreement. It was pointed out that the tenant presently has an illegal sign at Waterman Avenue and Hospitality Lane and it should be removed. Larry Reed, Director, Planning/Building Services, answered questions regarding the current Municipal Code allowing only one free-standing monument sign. Deputy City Attorney Empeno stated that the applicant is arguing under the provision of General Plan Policy 1.45.9, which permits this Council to determine a finding of consistency with the application. The Council can find the proposed monument sign to be a visually distinctive sign in compliance with the General Plan. Larry Reed explained option number two on the agenda, which allows a sign permit for the monument sign, subject to the limitation that this monument sign be the last free-standing sign allowed for the plaza at 228 West Hospitality Lane. He also answered questions regarding the plaza being considered one or two separate parcels because of the breeze way in between the two buildings. 23 3/19/90 Council Member Maudsley made a motion, seconded by Council Member Estrada and unanimously carried, that the hearing be closed; that the appeal be granted; that a sign permit for a monument sign as specified in the variance application be approved subject to the limitation that this monument sign is the last free-standing sign allowed for the plaza at 228 West Hospitality Lane; and that a finding be made that the proposed monument sign is a visually distinctive sign, and is therefore in compliance with the General Plan. DEPUTY CITY ATTORNEY EMPENO EXCUSED Deputy City Attorney Empeno was excused and was replaced by Deputy City Attorney Zimmermann. PUBLIC HEARING ADMINISTRATIVE FEE FOR CODE ENFORCEMENT ACTIONS AND NOTICES OF PENDENCY This is the time and place set for a public hearing to consider charging an administrative fee for code enforcement actions and establishment of fee for notice of pendency and file processing. (46) In a memorandum dated March 13, 1990, Larry Reed, Director of Planning/Building Services, reported that a telephone survey was made of ten southern California cities in order to justify Code Enforcement Division's charge of forty percent administrative fees to be added to the contractor's charges for abatement. Mayor Holcomb opened the hearing. RES. 90-100 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING ADMINISTRATIVE CHARGES FOR ABATEMENTS OF PRIVATE PROPERTY AND BUILDING BOARD-UPS BY THE CODE ENFORCEMENT DIVISION OF PLANNING AND BUILDING SERVICES. (46) Larry Reed, Director, Planning/Building Services, explained how the abatement program operates, and gave the justification as to why an administrative fee should be charged. He stated that the proposed resolution would set a fee for administrative costs associated with the abatement process. Larry Reed also answered questions regarding the total revenue collected thus far from citations in the Code Enforcement Division for the abatement program. Council Member Miller made a motion, seconded by Council Member Flores, that the hearing be closed; that further reading of the resolution be waived and said resolution be adopted. Resolution No. 90-100 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Miller. Noes: Council Member Pope-Ludlam. Absent: Council Member Minor. 24 3/19/90 DEPUTY CITY ATTORNEY ZIMMERMANN EXCUSED Deputy City Attorney Zimmermann was excused and was replaced by Deputy City Attorney Empeno. PUBLIC HEARING INFRASTRUCTURE DEVELOPMENT FEES- VERDE MONT AREA This is the time and place set for a public hearing to consider a resolution setting infrastructure development fees for development of real property in the Verdemont area. (47) Mayor Holcomb opened the hearing. RES. 90-101 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING THE AMOUNT OF AN INFRASTRUCTURE FEE TO BE LEVIED FOR RIGHT-OF-WAY IMPROVEMENTS AND PUBLIC IMPROVEMENTS FOR THE VERDE MONT AREA. (47) COUNCIL MEMBER POPE-LUDLAM EXCUSED At 2:45 p.m., Council Member Pope-Ludlam left the Council meeting. Roger Hardgrave, Director of Public Works/City Engineer, stated that provisions of this resolution would raise money to install the needed infrastructure in the Verdemont area. He also explained the type of infrastructure needed. Council Member Miller made a motion, seconded by Council Member Estrada, that the hearing be closed; that further reading of the resolution be waived and said resolution be adopted. Ayes: Council Ludlam. Resolution No. 90-101 was adopted by the following Council Member Estrada, Reilly, Maudsley, Miller. Member Flores. Absent: Council Member Minor, vote: Noes: Pope- APPEAL - PLANNING COMMISSION'S DENIAL OF SIGN PERMIT NO. 89-119 - STATE COLLEGE SELF-STORAGE - EASTERLY SIDE OF THE INTERSECTION OF HALLMARK PARKWAY AND LEXINGTON WAY This is the time and place set to hear an appeal filed by Quiel Brothers concerning the Planning Commission's denial of Sign Permit No. 89-119, for a sign at the State College Self- Storage at the easterly side of the intersection of Hallmark Parkway and Lexington Way. (48) In a memorandum dated February 28, 1990, Larry Reed, Director, Planning/Building Services, stated that Sign Permit No. 89-119 is a proposal to construct a 40-foot pole s~gn, with a 10' x 15' double-sided face, located in the northern corner of a 3.8 acre parcel situated in the State College Industrial Park at the easterly side of the intersection of Hallmark Parkway and Lexington Way. This sign was denied because of non-compliance with General Plan Policy 1.45.6, which prohibits development of 25 3/19/90 pole signs in this area. The proposed sign would be constructed next to I-215 near Cable Creek Wash. The sign was also denied because part of the sign face identifies a U-Haul business which has not obtained City approval. Conditional Use Permit No. 88-35 was approved for this site as a mini-storage facility and not as a U-Haul business. An amended C.U.P. would need to be obtained, allowing this additional business prior to approval of a sign advertising that business. The applicant requests that the Council reconsider the decision and allow pole signs at the proposed location. Mayor Holcomb opened the hearing. Larry Reed, Director of Planning/Building Services, stated that a free-standing monument sign is allowed in this area. John Lightburn, Lightburn and Associates, Post Office Box 1622, San Bernardino, 92402, representing Robert Hammond, owner of the self storage, stated that this project was approved on September, 1988. He stated that the project is complete, but does not have adequate signage. He further stated that there are two choices in the Municipal Code, which provide for a pole sign or a monument sign. Mr. Lightburn stated that the construction of a monument sign 40 feet high with a base of 15 feet with a sign coverage approximately 150 feet on top is allowed, but the owner would prefer to install a modified monument sign. Mr. Lightburn stated that Mr. Gary Quiel would like to present a modified monument sign which would be in compliance with the General Plan and would also serve Mr. Hammond's needs. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. Gary Quiel, Quiel Brothers Signs, 272 South "I" Street, San Bernardino, gave a presentation on the types of signs allowed for this area. He also presented a chart characterizing the modified monument sign Mr. Hammond would prefer to install. Larry Reed, Director, Planning/Building Services, answered questions regarding the size and height a monument sign can be. A discussion ensued regarding establishing a landscaping plan for monument signs. Mayor Holcomb suggested that the sign not be approved until a landscaping plan is established along with an agreement with conditions on the maintenance of the landscaping. John Lightburn stated that Robert Hammond agreed to install the landscaping, conditioned upon staff approving a landscape plan for that area. 26 3/19/90 Larry Reed, Director of Planning /Building Services, requested that staff be allowed to work with the developer to establish the conditions for the concerns expressed in developing a landscaping plan. Council Member Maudsley made a motion, seconded by Council Member Reilly, that the appeal for Sign Permit No. 89-119 be continued to the meeting of April 2, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried Members Reilly, Flores, Council Member Estrada. by the following vote: Maudsley, Pope-Ludlam, Absent: Council Member Ayes: Miller. Minor. Council Noes: PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 89-2- FIFTH AND FLORES STREETS This is the time and place set for a public hearing to consider adopting a resolution for a negative declaration of environmental impact and adopting General Plan Amendment No. 89- 2. (S-3) In a memorandum dated February 9, 1990, Larry Reed, Director of Planning/Building Services, stated that the proposed amendment would change the land use designation from RS, Residential Suburban, to CG-l, Commercial General, on the northwest corner of 5th Street and Flores Street. The property consists of two parcels. Mayor Holcomb opened the hearing. RES. 90-102 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 89-2 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (S-3) Larry Reed, Director of Planning/Building Services, gave the background information related to the negative declaration for General Plan Amendment No. 89-2. Council Member Pope-Ludlam made a motion, Council Member Reilly and unanimously carried, reading of the resolution be waived and said adopted. seconded by that further resolution be Resolution Ayes: Council Ludlam, Miller. No. 90-102 was adopted by the following vote: Members Estrada, Reilly, Flores, Maudsley, Pope- Noes: None. Absent: Council Member Minor. ORDINANCE OF THE CITY OF SAN SECTION 3.18.070 (B) (1) (2) OF MUNICIPAL CODE. (Enterprise Zone) BERNARDINO AMENDING THE SAN BERNARDINO (FIRST) (S-l) 27 3/19/90 Ken Henderson stated that the Council in October, 1989, conducted the first reading of the renewal Enterprise Zone Incentive ordinance. On October 16, 1989, the Mayor and Council continued the ordinance so staff could provide a report on development activity during the first four years of the Enterprise Zone. Mr. Henderson also answered questions regarding the financial impact to the general fund for subdivisions infill fee exemptions. He stated that it would cost approximately $393,000. Mayor Holcomb stated that he was not aware that this infill fee exemption program for the Enterprise Zone would apply to acreage or to a large subdivision and explained the original intent of the infill program. City Administrator Julian answered questions regarding the anticipated shortfall for the budget next fiscal year if the service level remains the same. A discussion ensued regarding the amount of money available from the bond proceeds and refinancing of bonds. Community Development Director Henderson stated that infill housing program target area was expanded. He answered questions regarding the amount of money available 20 percent set aside. the also in the A discussion ensued regarding whether to allow large subdivisions to qualify for the infill housing fee exemption. Council Member Miller made a motion, seconded by Council Member Flores, that the first reading of the ordinance be waived and said ordinance be laid over for final passage. The motion carried by Members Estrada, Reilly, Council Member Pope-Ludlam. the following vote: Ayes: Flores, Maudsley, Miller. Absent: Council Member Minor. Council Noes: ISSUANCE AND SALE OF TAX EXEMPT SINGLE FAMILY MORTGAGE REVENUE BONDS In a memorandum dated March 14, 1990, Ken Henderson, Director, Community Development, reported that Miller and Schroeder Financial, Inc., with the assistance of the law firms of Jones, Hall, Hill and White, San Francisco, and Haynes and Miller, Washington D.C., have developed a program to replace a portion of the escrow established with the issuance of the 34 million dollars collateralized mortgage obligations last November with the proceeds of a new 18.8 million dollar tax exempt single family mortgage revenue bond issue. The result would be 18.8 million dollars of new mortgage money. (S-2) 28 3/19/90 Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that staff be authorized to proceed with the issuance and sale of approximately 18.8 million dollars of tax exempt single family mortgage revenue bonds. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 3:45 p.m., Council Member Pope-Ludlam left the Council meeting. ORDINANCE OF THE CITY OF SECTION 15.l2.050 OF THE SAN REGARDING MITIGATION PROGRAM BUILDINGS. (FIRST) SAN BERNARDINO AMENDING BERNARDINO MUNICIPAL CODE FOR UNREINFORCED MASONRY (S-5) Larry Reed, Director of Planning/Building Services, stated that the State of California Unreinforced Masonry Building Law requires that cities identify all unreinforced masonry buildings. Mayor Holcomb stated that the old unreinforced masonry buildings need to be brought up to building code standards or demolished, because these buildings are a public nuisance and are considered to be unsafe buildings. A discussion ensued regarding the time frame to accomplish the survey of unreinforced masonry buildings. City Attorney Penman explained that the state law only requires that the City conduct a survey by 1992. However, the state law gives the City the latitude of imposing the mitigation program which includes demolition. Mr. Penman further stated that the ordinance is worded in such a manner that it can be interpreted to say that the Director of Planning/Building Services can make the decision to demolish a building, unless that decision is appealed to the Board of Building Commissioners within fifteen days, then the decision becomes final. At the present time, except in an urgent situation, only the BBC would give an order to demolish a building, so this is a substantive change. The Council discussed the wording of the ordinance. Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that the first reading of the ordinance be waived and be amended by interdelineation to include the provision that the decision of the BBC is final unless appealed per Section 2.64 of the Municipal Code and that said ordinance be laid over for final passage as amended. RESOLUTION PROCEDURES MITIGATION OF THE CITY OF SAN BERNARDINO ADOPTING AND TIME PERIODS FOR IMPLEMENTING A PROGRAM FOR UNREINFORCED MASONRY BUILDINGS. (S-4) 29 3/19/90 Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, to continue the resolution implementing procedures for a mitigation program for unreinforced masonry buildings to the meeting of April 2, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 90-103 A RESOLUTION OF BERNARDINO ACCEPTING A PETITION, CONSULTANTS AND DIRECTING STAFF TO A COMMUNITY FACILITIES DISTRICT IN THE CITY OF SAN DESIGNATING CERTAIN PROCEED TO ESTABLISH THE VERDEMONT AREA. (S-6) Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding the time frame involved to establish the Community Facilities District for the purpose of financing infrastructure and why it is being be done on a piecemeal basis. He stated that additional districts would be established as petitions are received from other owners wishing to develop, but in the meantime, there are three to five developers ready to begin construction. Mr. Hardgrave also answered questions regarding what the benefits are to the City if the Mello-Roos Assessment District is established. Council Member Reilly made a motion, Member Flores, that further reading of the and said resolution be adopted. seconded by Council resolution be waived Resolution No. 90-103 was adopted by the following Ayes: Council Members Estrada, Reilly, Flores, Miller. Council Member Maudsley. Absent: Council Members Minor, Ludlam. vote: Noes: Pope- RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO BASEBALL CLUB, INC. RELATING TO THE USE OF FISCALINI FIELD. (See page 34) (S-7) City Attorney Penman answered questions regarding the agreement. Council Member Reilly made a motion, seconded by Council Member Maudsley, that said resolution be adopted. The motion Members Reilly, Flores, Miller. failed by the following vote: Ayes: Council Maudsley. Noes: Council Members Estrada, Absent: Council Members Minor, Pope-Ludlam. 30 3/19/90 ORD. MC-7l3 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2(E) OF THE ORDINANCE MC-675 ENTITLED "ORDINANCE PROVIDE THAT RENT FOR MOBILE HOME SITES SHALL NOT EXCEED THOSE IN EFFECT ON THE EFFECTIVE DATE OF THIS ORDINANCE. ." TO EXTEND THE MORATORIUM PERIOD, AS DEFINED THEREIN, FOR AN ADDITIONAL 60 DAYS AND SETTING FORTH THE URGENCY THEREOF. (FINAL) (S-8) Jerry Butler, Project Coordinator, moratorium is proposed to be extended for eliminate any possible law suits against the stated that 30 days which City. the could City Attorney Penman answered questions regarding the amount of time the Attorney's Office would need to review the agreement being negotiated between the park owners and tenants. It was pointed out that Jerry Butler is preparing a report for submission to the Council. Council Member Maudsley made a motion, seconded by Council Member Miller and unanimously carried, that final reading of the ordinance be waived and said ordinance be adopted as amended to extend the moratorium for 60 days. Ordinance MC-713 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Miller. Noes: None. Absent: Council Members Minor, Pope-Ludlam. MAYOR HOLCOMB EXCUSED Mayor Holcomb left the Council meeting and Council Member Maudsley assumed the duties of Mayor Pro Tempore. PERSONNEL ACTIONS Council Member Reilly made a motion, seconded by Council Members Miller and unanimously carried, that the following personnel action submitted by the Chief Examiner, in accordance with all administrative regulations of the City of San Bernardino, be approved: (S-9) Greenleaf, Bonnie F. City Attorney Appointment: Legal Secretary I Range 3288, Step 2, $1,958/mo. RECESS MEETING - CLOSED SESSION At 4:20 p.m., Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the Mayor and Common Council and Community Development Commission recess to closed session for the following: (1) 31 3/19/90 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 Ii tigation pursuant to 54956.9(b)(1), as there litigation; attorney regarding pending Government Code Section is significant exposure to f. to confer with the attorney regarding Ii tigation 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: City 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. Ci ty 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; 32 3/19/90 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. 877 359; 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; Delores Wilson vs. City of San Bernardino - San Bernardino Superior Court Case No. 252224; Stenersen vs. City of San Bernardino Court Case No. SA CV89-88 (JSL) (RWRx); Federal District Transcontinental Insurance Company vs. City of San Bernardino - Federal District Court Case No. CV-87-0957-RMT. CLOSED SESSION At 4:20 p.m., Mayor Pro Tempore Maudsley 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 with the following being present: Mayor Pro Tempore Maudsley; Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller; City Attorney Penman, City Administrator Julian. Absent: Council Member Minor; City Clerk Clark. Also present was: Pat Zimmermann, Deputy City Attorney. ADJOURN CLOSED SESSION At 4:30 p.m., the closed session Regular Meeting of the Mayor and Common San Bernardino, California. was adjourned to the Council of the City of 33 3/19/90 RECONVENE MEETING At 4:30 p.m., Mayor Pro Tempore Maudsley 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 Clark with the following being present: Mayor Pro Tempore Maudsley; Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Mayor Holcomb; Council Member Minor. GRANT DEED - PATRICIA BOBBITT - 269 S. MT VERNON Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, to reconsider item 26, a resolution executing a grant deed for property at 269 South Mt. Vernon Avenue. ( 26 ) RES. 90-104 A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A GRANT DEED CONVEYING CERTAIN SURPLUS PROPERTY LOCATED AT 269 SOUTH MT. VERNON AVENUE, IN THE CITY OF SAN BERNARDINO, TO PATRICIA BOBBITT. (See page 11) (26) Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 90-104 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope- Ludlam, Miller. Noes: None. Absent: Council Member Minor. SAN BERNARDINO BASEBALL CLUB, INC. AGREEMENT Council Member Reilly made a motion, seconded by Council Member Estrada to reconsider item S-7 on the supplemental agenda, a resolution executing an agreement with the San Bernardino Baseball Club, Inc. (S-7) The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam. Noes: Council Member Miller. Absent: Council Member Minor. RES. 90-105 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO BASEBALL CLUB, INC., RELATING TO THE USE OF FISCALINI FIELD. (See page 30) (S-7) Council Member Reilly made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 90-105 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Pope-Ludlam. Noes: Council Member Flores, Miller. Absent: Council Member Minor. 34 3/19/90 ADJOURNMENT At 4:35 p.m., Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the Regular Meeting of the Mayor and Common Council be adjourned to 1:30 p.m., Wednesday, March 21, 1990, in the Fe1dheym Library, 555 West Sixth Street, San Bernardino, California. (49) SHAUNA CLARK City Clerk By r;:AriJ?rJu j}/lf/d/no ) Deputy City Clerk No. of Items: 72 No. of Hours: 6 35 3/19/90