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HomeMy WebLinkAbout04-02-1990 Minutes City of San Bernardino, California April 2, 1990 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 8:35 a.m., April 2, 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, Minor, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Council Members Estrada, Maudsley, Pope-Ludlam. RECESS MEETING - CLOSED SESSIONS At 8:35 a.m., Council Member Reilly made a motion, seconded by Council Member Minor 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 li 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 litigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending Section decide 1 4/2/90 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: Ci ty 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; Save San Bernardino vs. City of San Bernardino San Bernardino Superior Court Case No. 250425; C.F.B. Investments. Ltd.. vs. City United States District Court - Case No. SA of San Bernardino- 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 Companv. 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; Hayes vs. Delanev. et al - San Bernardino Superior Court Case 240268. CLOSED SESSION At 8:35 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. 2 4/2/90 ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Minor, Miller; City Attorney Penman, City Administrator Julian. Absent: Council Members Estrada, Maudsley, Pope-Ludlam; City Clerk Clark. Also present were: Sr. Assistant City Attorney Brue, and Deputy City Attorney Simmons. 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 POPE-LUDLAM ARRIVED AT THE CLOSED SESSION At 8:37 a.m., Council Member Pope-Ludlam arrived at the closed session. CITY CLERK CLARK ARRIVED AT THE CLOSED SESSION At 8:40 a.m., City Clerk Clark arrived at the closed session. COUNCIL MEMBER ESTRADA ARRIVED At 8:42 a.m., Council Member Estrada arrived at the closed session. ADJOURN CLOSED SESSION At 9:05 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 called the Regular Meeting of the Mayor and Common Council 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, Flores, Maudsley, Minor, Pope- Ludlam, Miller; City Clerk Clark, City Administrator Julian. Absent: Council Member Reilly; City Attorney Penman. INVOCATION The invocation was given by Phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Minor. 3 4/2/90 PUBLIC COMMENTS There were no public comments. ( 3) PROCLAMATION - EARTH DAY 1990 - APRIL 22, 1990 Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino proclaiming April 22, 1990, as Earth Day 1990, in the City of San Bernardino, encouraging the citizens to learn more about their environment and to participate in the 4th Annual Inland Empire Environmental Expo at Cal State, San Bernardino. (5) Dr. Darlene Stoner, Associate Professor, California State University San Bernardino, was present to accept the proclamation. Dr. Stoner stated that a forum discussing water issues will be held at 2:30 p.m., April 22, 1990, in the Panorama Room at Cal State University. PROCLAMATION COLUMBIAN SQUIRES MONTH DEL ROSA KNIGHTS OF COLUMBUS - APRIL 1, 1990 Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino proclaiming April, 1990, as Squires Month in the City of San Bernardino and commended the Columbian Squires for their excellent services to the community and its citizens. (5) Eddie Medina, III, Chief Squire, and Manual Carbajal, Chief Counselor, were present to accept the proclamation on behalf of the Columbian Squires. PROCLAMATION - SPIRIT BASEBALL WEEK - APRIL 2 - 6, 1990 Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino proclaiming April 2 through 6, 1990, as Spirit Baseball Week in the City of San Bernardino. (5) Mr. Bill Shanahan and Dr. Chuck Terrell, Chairman of the Chamber of Commerce Baseball Committee, and members were present to accept the proclamation. SR. ASSISTANT CITY ATTORNEY BARLOW ARRIVED Sr. Assistant City Attorney Barlow arrived at the Council Meeting. PROCLAMATION - ANIMAL CARE AND CONTROL PROFESSIONALS WEEK - APRIL 2, 1990 Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino proclaiming the week of April 2, 1990, as Animal Care Control Professional Week in the City of San Bernardino, and welcoming those attending the 20th Annual Training Conference at the Maruko Hotel on April 5 through 6, 1990. (5) 4 4/2/90 Debbie Biggs, Director of Shel ter Operations Manager, proclamation. Animal Control, and Tobe Collins, were present to accept the PROCLAMATION - CALIFORNIA EARTHQUAKE PREPAREDNESS MONTH - APRIL, 1990 Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino proclaiming the month of April, 1990, as California Earthquake Preparedness Month in the City of San Bernardino, and encouraging all citizens to increase their knowledge in the proper safety measures to follow before, during, and after an earthquake. (5) Richard McGreevy, Director of Emergency Services, was present to accept the proclamation. Director McGreevy explained that many earthquake preparedness activities are planned throughout the month of April. PROCLAMATION - FAIR HOUSING MONTH - APRIL 1990 Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino proclaiming the month of April, 1990, as Fair Housing Month. (5) Mrs. Betty Davidou, Executive Director of Inland Mediation Board, was present to accept the proclamation. Mrs. Davidou introduced Shirley Houston, Executive Director of the Apartment Rental Owners Association, and T.J. Seeger from the Board of Realtors. PROCLAMATION - 1990 NATIONAL COMMUNITY - APRIL 7 - 14, 1990. Lorraine Velarde, Executive proclamation of the Mayor of proclaiming the week of April 7 Community Development Week. DEVELOPMENT WEEK Assistant to the Mayor, read a the City of San Bernardino through 14, 1990, as National (5) Ed Flores, Community Development Specialist, was present to accept the proclamation. Mr. Flores introduced Janet Bickley of the Department of Housing Urban Development. PUBLIC SERVICE ANNOUNCEMENT - 1990 CENSUS Lorraine Velarde, Executive Assistant to public announcement reminding the citizens of fill out and return their 1990 Census forms. the Mayor, made a San Bernardino to (5) WAIVE READING OF RESOLUTIONS AND ORDINANCES Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that further reading of the resolutions and ordinances be waived. 5 4/2/90 APPROVAL OF COUNCIL MINUTES - FEBRUARY 14, 1990 AND MARCH 5, 1990 Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino be approved as submitted in typewritten form: February 14, 1990; March 5, 1990. (6) CLAIMS AND PAYROLLS 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 27, 1990, from the Director of Finance, be approved. ( 8 ) PERSONNEL ACTIONS Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the personnel actions dated March 21, 1990, submitted by the Chief Examiner in accordance with all administrative regulations of the City of San Bernardino, be approved. (9) COUNCIL MEMBER REILLY ARRIVED Council Member Reilly arrived at the Council Meeting and took his place at the council table. SET PUBLIC HEARING - INCREASE IN CERTAIN FEES - PUBLIC SERVICES DEPARTMENT In an undated memorandum, Manuel Moreno, Jr., Director of Public Services, stated that his department conducted an extensive review of its permit fees and services and the actual costs to provide the services. The study revealed that adaptations to the current Municipal Code are necessary for sewer connection dye tests, encroachment permits, permits to move buildings, street cutting permits, prospect holes, permits for capping and performance of sewer laterals, and street cutting permits and inspection fee permits. (7) Sr. Assistant City Attorney regarding the current and proposed buildings. Barlow answered questions fees for permits to move Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that a public hearing be set for Monday, May 7, 1990, at 10:00 a.m., for the purpose of discussing the establishment and proposed increases in certain fees to be charged by the Department of Public Services. 6 4/2/90 SR. ASSISTANT CITY ATTORNEY BARLOW EXCUSED Sr. Assistant City Attorney Barlow left the Council Meeting and was replaced by City Attorney Penman. RES. 90-106 - 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. (Continued from March 19, 1990) (10) City Attorney Penman answered questions not the resolution provides for drug employees. regarding whether or testing of safety Council Member Reilly made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 90-106 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, pope-Ludlam, Miller. Noes: None. Absent: None. RES. 90-107 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO MAKE APPLICATION FOR AND ACCEPT A GRANT FROM "ACTION" IN THE AMOUNT OF $201,941 FOR THE SENIOR COMPANION PROGRAM FOR THE PERIOD JULY 1, 1990 THROUGH JUNE 30, 1991. (11) RES. 90-108 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION . . .ESTABLISHING A BASIC COMPENSATION PLAN .", BY UPDATING INFORMATION CODIFYING PRIOR COUNCIL ACTIONS. (SEC. TEN) (12) RES. 90-109 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION . . .ESTABLISHING A BASIC COMPENSATION PLAN . . .", BY UPDATING INFORMATION CODIFYING PRIOR COUNCIL ACTION. (SEC. TWELVE) (13) RES. 90-110 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION . . . ESTABLISHING A BASIC COMPENSATION PLAN .", BY UPDATING INFORMATION CODIFYING PRIOR COUNCIL ACTIONS; AND UPDATING THE TITLE OF DIRECTOR OF PLANNING AND BUILDING SERVICES. (SEC. FOURTEEN) (14) Council Member Flores made a motion, seconded by Council Member Miller, that said resolutions be adopted. 7 4/2/90 Resolution Nos. 90-107, 90-108, 90-109, adopted by the following vote: Ayes: Council Reilly, Flores, Maudsley, Minor, Pope-Ludlam, None. Absent: None. and 90-110 were Members Estrada, Miller. Noes: RES. 90-111 A RESOLUTION OF THE CITY OF SAN BERNARDINO GIVING NOTICE INVITING COMPETITIVE SEALED AND ORAL BIDS FOR THE SALE OF CERTAIN PARCELS OF REAL PROPERTY OWNED BY SAID CITY, SAID PARCELS BEING WITHIN SAID CITY, AND ESTABLISHING A MINIMUM SALES PRICE FOR EACH SEPARATE PARCEL. (COLIMA ROAD., DEL ROSA AVENUE, NORTH OF RIALTO AVENUE AND SOUTH OF RIALTO AVENUE) (15) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be amended by interdelineation to delete the Del Rosa Avenue property and adopted as amended. Resolution No. 90-111 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. RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 14328, LOCATED ON THE SOUTH SIDE OF WASHINGTON AVENUE, APPROXIMATELY 100 FEET EASTERLY OF WALNUT 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. (Shadow Meadows Ltd., Dev.) (16) A discussion ensued regarding water problems in the proposed project area. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be tabled. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the council table. RES. 90-112 A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A "U" SHAPED ALLEY BETWEEN 10TH STREET AND OLIVE STREET, AND BETWEEN ARROWHEAD AVENUE AND "D" STREET. (17) 8 4/2/90 Council Member Reilly made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 90-112 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, pope-Ludlam, Miller. Noes: None. Absent: None. A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF PORTIONS OF CAROLINE STREET BETWEEN SUNSET DRIVE AND CLUB WAY, AND RESERVING AN EASEMENT FOR SANITARY SEWER AND WATER AND APPURTENANT FACILITIES AND AN EASEMENT FOR PUBLIC UTILITIES THEREIN. (18) The Mayor and Council requested to see a map of the proposed vacation before any discussion took place. This matter was discussed later in the meeting. (See page 10). RES. 90-113 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL, CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A WATER SPREADING INDEMNITY AGREEMENT WITH THE SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT FOR THE SPREADING OF IMPORTED WATER AT THE DEVIL CANYON SPREADING GROUNDS. (19) Council Member Minor made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 90-113 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. A RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE BOARD OF WATER COMMISSIONERS PROVIDING WATER SERVICE FOR A FOUR (4) ACRE PARCEL OF LAND LOCATED APPROXIMATELY ONE-HALF MILE NORTH OF PALM AVENUE ON THE EAST SIDE OF CAJON BOULEVARD (APN 262-041-14), LOCATED OUTSIDE THE CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO. (20) City Administrator Julian stated that the City has already filed for annexation of approximately one-half mile of land north of Palm Avenue. Mayor would not annexation Holcomb stated that a plan should be worked out that allow water benefits for this area in the event does not take place. Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be continued to April 16, 1990, in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. 9 4/2/90 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 18.40.380 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO EXEMPTING RESIDENTIAL PARCEL MAPS AND PREVIOUSLY DEVELOPED PORTIONS OF ANY NON-RESIDENTIAL ZONED PARCEL FROM THE REQUIREMENT TO UNDERGROUND UTILITIES. FIRST (21) Larry Reed, Director of Planning and Building Services, explained the changes made in the proposed ordinance. Roger Hardgrave, Director of Public works/City Engineer, gave the background information that initiated the revision to the ordinance. Mayor Holcomb suggested an in underground utility fund as an underground utility fees. lieu fee to be alternative to put in an exempting Director Hardgrave explained that the Legislative Review Committee had discussed limiting Section 5 of the proposed ordinance to infil1 areas where 50% of the block is already developed. City Administrator Julian suggested that Section 5 of the proposed ordinance be referred back to the Legislative Review Committee. At the consensus of the Mayor and Council, further action on the proposed ordinance was continued to later in the afternoon to allow the City Attorney time to prepare a revised ordinance making Section 5 apply to infill areas. (See page 28). RES. 90-114 A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF PORTIONS OF CAROLINE STREET BETWEEN SUNSET DRIVE AND CLUB WAY, AND RESERVING AN EASEMENT FOR SANITARY SEWER AND WATER AND APPURTENANT FACILITIES AND AN EASEMENT FOR PUBLIC UTILITIES THEREIN. (Con' t from earlier in the meeting). (See page 9) (18) Roger Hardgrave, Director of Public Works/City Engineer, provided maps showing the proposed vacation and answered questions regarding the accessibility of property on lots 24 and 51. Council Member Miller made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 90-114 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. 10 4/2/90 MC-714 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. FINAL (22) MC-715 - 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. FINAL (23) MC-716 ORDINANCE AMENDING SECTION BERNARDINO MUNICIPAL OF THE CITY OF 3.18.070(B) (1) (2) CODE. SAN BERNARDINO OF THE SAN FINAL (24) Council Member Miller made a motion, seconded by Council Member Flores, that final reading of the ordinances be waived and said ordinances be adopted. Ordinances following vote: Maudsley, Minor, None. MC-714, MC-715, and MC-716 were Ayes: Council Members Estrada, Pope-Ludlam, Miller. Noes: adopted by the Reilly, Flores, None. Absent: COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. PUBLIC HEARING - ANNUAL SIGN CODE STICKER ORDINANCE AND FEE RESOLUTION - CONTINUED FROM MARCH 19, 1990 This is the time and place continued to for a public hearing to consider an annual sign code sticker ordinance and fee resolution as requested by the Planning and Building Services Department. (25) Mayor Holcomb opened the hearing. Larry Reed, Director of the Planning and Building Services Department, stated that based upon studies prepared by staff and the Planning Department, it has been estimated that there are 9,300 existing business signs in the City, of which approximately 3,000 have been erected or installed without permits or have been abandoned. In addition to on-site business signs, there are approximately 340 billboards, of which 40 billboards have been erected without permits. The proposed ordinance requires an annual inspection of all signage and requires each sign to display an annual inspection sticker. Director Reed answered questions regarding registration fees and the impact of the sticker program on illegal signs. Deputy City Attorney Empeno answered questions regarding sign restrictions imposed on governmental agencies. 11 4/2/90 Robert Keenan, Executive Director of Sign Users Council of California, 415 Foothill Boulevard, Suite 212, Claremont, gave background information concerning state law that governs on premise business signs. Mr. Keenan stated that he supports the annual sign code inspection sticker and inventory program, but is opposed to any amendments to Title 19 of the Municipal Code. Deputy City Attorney Empeno explained how the California Business and Professions Code Section 5491.1 applies to the annual sign code inspection sticker and inventory program. John Glyn, representative of Hal Heywood Outdoor Advertising Company, 1948 North "E" Street, opposed the sign code inspection sticker and inventory program. Mr. Glyn, on behalf of Mr. Heywood, requested an accounting of all the annual sign permit fees paid to the city and an explanation of how these annual fees have been spent. Deputy City Attorney Empeno answered questions regarding the expenditure of proposed annual sign code inspection sticker and inventory program fees. Larry Quiel, Quiel Bros. Electric Sign Service Co., Inc., suggested that the City clean up the problems of illegal signs and abandoned signs first, and then consider approving the annual sign code inspection sticker and inventory program. MC-717 - 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). (Continued from March 19,1990) (25) RES. 90-115 - 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. (Continued from March 19, 1990) (25) Council Member Pope-Ludlam made Council Member Reilly and unanimously be closed, that said ordinance be resolution be adopted. a motion, seconded by carried, that the hearing adopted, and that said Ordinance MC-717 and Resolution No. 90-115 the following vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam, Miller. Noes: Council Member Estrada. were adopted by Reilly, Flores, None. Absent: COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council Meeting. 12 4/2/90 PROTEST HEARING - VACATION OF EAST/WEST ALLEY BETWEEN "G" AND "H" STREETS AND BETWEEN SPRUCE STREET AND 6TH STREET. This is the time and place set for a protest hearing regarding the vacation of an east/west alley between "G" and "H" Streets and between Spruce Street and 6th Street. (26) In a memorandum dated March 12, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that Ed Linder, one of the partners of Sunland Properties, requested that a portion of the east/west alley between "G" and "H" Streets, and between Spruce Street and 6th Street be vacated in order to reduce the vandalism and loitering in the area of the bus depot. Mayor Holcomb opened the hearing. No protests were received. RES. 90-116 A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF THAT CERTAIN EAST/WEST ALLEY LOCATED BETWEEN "G" AND "H" STREETS, AND BETWEEN SPRUCE STREET AND 6TH STREET IN THE CITY OF SAN BERNARDINO, AND RESERVING A PUBLIC UTILITY EASEMENT THEREIN. (26) Council Member Pope-Ludlam made a motion, seconded by Council Member Minor and unanimously carried, that the hearing be closed; that the findings of fact set forth in the staff report from Roger G. Hardgrave, Director of Public Works/City Engineer, as to why that certain east/west alley between "G" and "H" Streets, and between Spruce Street and 6th Street, is no longer necessary for street purposes, be adopted; and that said resolution be adopted. Resolution No. 90-116 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope- Ludlam. Noes: None. Absent: Council Members Estrada, Miller. COUNCIL MEMBERS ESTRADA AND MILLER RETURNED Council Members Estrada and Miller returned to the Council Meeting and took their places at the council table. APPEAL HEARING BOARD OF BUILDING COMMISSIONERS'- REMOVAL OF DEBRIS FROM DEMOLITION OF STRUCTURE - 3251 N. DEL ROSA AVENUE - DARWIN PEARSON This is the time and place set for an appeal hearing on the Board of Building Commissioners' decision to remove debris in connection with demolition of a structure at 3251 N. Del Rosa Avenue. The appellant, Darwin Pearson, is protesting the high cost of the abatement performed by the City. (39) 13 4/2/90 In a memorandum dated March 20, 1990, Larry Reed, Director of Planning and Building Services, provided a chronological listing of events leading up to the abatement of a structure located at 3251 N. Del Rosa Avenue and the costs incurred by the City. Attached to Director Reed's memorandum were letters dated March 14, 1990, November 16, 1989, May 22, 1989 from Darwin Pearson, 1249 1/2 W. Balboa Blvd., Newport Beach, Ca. 92661 opposing the $15,400.00 abatement cost incurred by the City for the removal of debris at 3251 N. Del Rosa Avenue. Mayor opened the hearing. Darwin Pearson, 1249 1/2 W. Balboa Blvd., Newport Beach, Ca. 92661, stated that he did not receive notification prior to the abatement of property at 3251 N. Del Rosa Avenue. Mr. Pearson answered questions regarding why the debris was not removed from the property. Mr. Pearson referred to a letter from Don Hesterly, Code Enforcement Supervisor, stating that Mr. Pearson had 180 days in which to tear down the structure. Larry Reed, Director of Planning and Building Services, distributed a letter from Don Hesterly, Code Enforcement Supervisor, acknowledging that an error had been made in the amount of time Mr. Pearson had to demolish the building. The letter stated that Mr. Pearson had only 60 days instead of 180 days to tear down the structure. Council Member Maudsley made a motion, that the appeal hearing be continued for two weeks. The motion died for lack of a second. Council Member Minor made a motion, seconded by Council Member Flores, that the hearing be closed and the appeal be denied. Council Member Miller made a substitute motion, seconded by Council Member Pope-Ludlam, that the appeal hearing be continued for two weeks to research why the abatement costs were so high. The substitute motion failed by the following vote: Ayes: Council Members Pope-Ludlam, Miller. Noes: Council Members Estrada, Reilly, Flores, Maudsley, Minor. Absent: None. 14 4/2/90 Council Member Minor made a motion, seconded by Council Member Flores, that the hearing be closed, the appeal be denied; and that the Board of Building Commissioners' finding of March 2, 1990, that the City had incurred costs of $15,400 for abatement actions at 3251 N. Del Rosa Avenue, and the BBC Order to assess the costs of the abatement as a lien against the property and a personal obligation of the owner, be upheld. The motion carried by the following vote: Member Estrada, Flores, Maudsley, Minor. Noes: Reilly, Pope-Ludlam, Miller. Absent: None. Ayes: Council Council Member APPEAL HEARING BOARD OF BUILDING COMMISSIONERS' DECISION TO ORDER DEMOLITION - 1424 W. WALNUT - KEN HOBART. This is the time and place set for an appeal hearing on the Board of Building Commissioners' decision to order the demolition of a structure located at 1424 W. Walnut as requested by Ken Hobart. (38) In a memorandum dated March 20, 1990, Larry Reed, Director of Planning and Building Services, provided a chronological listing of the events that led to the Board of Building Commissioners' decision to order the demolition of a structure at 1424 W. Walnut. Mayor Holcomb opened the hearing. Ken Hobart, 10359 Pendleton, Riverside, CA 92505, stated that the lien against the property at 1424 W. Walnut has been paid and the property has been secured in preparation to rehabilitate the house which he purchased two weeks ago. Mr. Hobart requested that the demolition date be waived and the Planning and Building Services Department be directed to issue the necessary permits to rehabilitate the property. City Administrator Julian stated that a replacement motion has been prepared that would require the owner to submit evidence that the building can and will be rehabilitated to acceptable standards. Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the appeal hearing be continued to April 16, 1990, and that the owner be directed to submit evidence satisfactory to the Director of Planning and Building Services that the building can and will be rehabilitated to acceptable standards. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. 15 4/2/90 INCREASE BUSINESS LICENSE RATE FOR CARRY-OUT FOOD BUSINESSES - CONTINUED FROM MARCH 5, 1990 This is the time and place continued to consider an amendment to Municipal Code Section 5.04.525, Subsection C, to increase the business license rate for carry-out food businesses. (27) 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. In a letter dated March 28, 1990, Robert W. Phillips, Taco Bell Corporation, 17901 Von Karman, Irvine, CA 92714, reported on the efforts of their organization in helping with the blight problems in the City of San Bernardino. Robert W. Phillips, on behalf of the San Bernardino Area Chamber of Commerce Anti-Litter Task Force, gave a presentation of how the fast food industry has participated in the war against blight in the Ci ty. Mr. Phillips suggested several programs that would encourage fast food businesses to keep their properties and adjacent areas free from litter. Paul Mitchell of Carl Karcher Enterprises, regarding the amount of trash that is generated businesses and his efforts to clean the lot at Streets. Inc., spoke by fast food 5th and "D" Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the proposed amendment to Municipal Code Section 5.04.525, Subsection C, be continued for sixty days so that members of the fast food industry can come up with a sustaining program for keeping their property and adjacent areas free of litter. ANNOUNCEMENT BY MAYOR - LUNCHEON WORKSHOP Mayor Holcomb announced that the luncheon workshop scheduled for 12:00 noon to 1:30 p.m., to discuss public housing with the County Housing Authority, has been postponed. (32) RECESS MEETING At 12:55 p.m., the Regular Meeting of the Mayor and Common Council recessed until 2:00 p.m., in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. 16 4/2/90 RECONVENE MEETING At 2: 05 p. m., Mayor Holcomb called the Regular Meeting of the Mayor and Common Council 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 Reilly, Flores, Maudsley, Minor, Miller. Deputy City Attorney Pat Zimmerman, Deputy City Clerk Copeland, City Administrator Julian. Absent: Council Member Estrada and Pope-Ludlam; City Clerk Clark. AUTHORIZE FRANCHISE TO OPERATE DIALYSIS TRANSPORTATION VEHICLES - HEALTHLINK In a memorandum dated March 8, 1990, Lee Gagnon, Business License Supervisor, stated that at their meeting of February 13, 1990, the Bureau of Franchises recommended that Healthlink be granted a franchise to operate two dialysis transportation vehicles. The Bureau felt that a second dialysis transportation franchise would allow patients an opportunity to choose a particular provider. ( 34 ) Council Member Miller made a motion, seconded by Council Member Minor and unanimously carried, that Healthlink be granted a franchise to operate two dialysis transportation vehicles in the City of San Bernardino under the provisions of Municipal Code Chapter 5.76. (This item was reconsidered later in the meeting. See page 26) . COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meeting and took her place at the council table. APPEAL HEARING BOARD OF BUILDING COMMISSIONERS' DECISION TO BOARD UP AND CLEAN PREMISES - 1432-1446 N. "G" STREET - FRANK AND KATHERINE FOSTER This is the time and place set for an appeal hearing on the Board of Building Commissioners' decision to board-up and clean premises at 1432-1446 N. "G" Street, as requested by Frank and Katherine Foster. (37) In a memorandum dated March 21, 1990, Larry Reed, Director of Planning and Building Services, listed events regarding City abatement at 1432-1446 N. "G" Street up to and including costs incurred by the City. He stated that the owner of the property did not respond or make any effort to secure the property after a correction notice and inspection report were mailed on May 22, 1989. 17 4/2/90 Mayor Holcomb opened the hearing. Katherine Foster, 961 S. pembroke Road, San Dimas, Ca 91778, stated that she and her husband acquired the property February 15, 1990, through foreclosure proceedings. The action taken to abate a public nuisance was made prior to ownership. Mrs. Foster requested that the City waive the $8,805 lien against the property and charge the owners of record at the time the abatement was performed. Larry Reed, Director of Planning and Building Services, stated that the City has incurred costs to abate the property and felt that fees should not be waived. Council Member Reilly made a motion, seconded by Council Member Estrada, that the Board of Building Commissioners' finding of February 2, 1990, that the city had incurred costs of $8,805.10 for abatement actions at 1432-1446 North "G' Street, and the BBC Order to assess the costs of the City's abatement as a lien against the property and a personal obligation of the owner(s) be upheld, and the appeal be denied. Mrs. Foster stated that the fees the City has spent to abate the property will be paid, but requested that the administrative fees be lowered or that a payment schedule be arranged to facilitate the payment of fees. Mrs. Katherine Foster answered questions regarding why permits had not been pulled to secure the building. City Administrator Julian suggested that the appeal be continued to the next meeting to consider setting up a payment schedule for the abatement fees. City Administrator Julian further stated that there may be an issue that warrants continuing this matter. He stated that more information is needed to determine if the cost incurred by the previous owner should be placed on the unsecured assessment roll and not against the property. Council Member Miller made a substitute motion, seconded by Council Member Mauds1ey and unanimously carried, that the appeal hearing be continued to April 16, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. CITY CLERK CLARK RETURNED City Clerk Clark returned to the Council Meeting and replaced Deputy City Clerk Copeland. 18 4/2/90 APPEAL HEARING - PLANNING COMMISSION'S DENIAL OF SIGN PERMIT NO. 89-119 STATE COLLEGE SELF-STORAGE- HALLMARK PARKWAY AND LEXINGTON WAY - QUIEL BROTHERS- CONTINUED FROM MARCH 19, 1990 This is the time and place continued to for an appeal hearing of the Planning Commission's denial of Sign Permit No. 89-119, for State College Self-Storage located on the easterly side of the intersection of Hallmark Parkway and Lexington Way, as requested by Quiel Brothers. (43) In a memorandum dated February 28, 1990, Larry Reed, Director of Planning and Building Services, stated that staff denied Sign Permit No. 89-119, because of non-compliance with General Plan Policy 1. 45.6, and 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 the site as a mini-storage facility and not as a U-Haul business. Mayor Holcomb opened the hearing. John Lightburn, representing Bob Hammond of State College Self-Storage, presented a picture of the self-storage facility to clear up concerns whether or not the facility could be seen from the freeway. Deputy City Attorney Empeno spoke regarding the Covenants, Conditions and Restrictions (CCR's) for the State College Business Park area. He stated that the CCR' s have a provision that gives the Council discretion to provide in writing approval of the application for a pole sign at key entries to the City. Larry Reed, Director of Planning and Building Services, provided an example of acceptable monument signs. Director Reed answered questions regarding an additional background information packet dated March 26, 1990, which included information regarding the Covenants, Conditions and Restrictions (CCR'S) for State College Business Park that was not presented at the previous Council meeting. Mr. John Lightburn requested an opportunity to review the packet of information on the Covenants, Conditions and Restrictions (CCR's) for the State College Business Park area. Council Member Miller made a motion, seconded by Council Member Minor and unanimously carried, that the appeal hearing be continued to April 16, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 19 4/2/90 MAYOR HOLCOMB EXCUSED Mayor Holcomb left the Council Meeting. The duties of Mayor were assumed by Mayor Pro-Tempore Minor. COUNCIL MEMBERS ESTRADA AND FLORES EXCUSED Council Members Estrada and Flores left the Council Meeting. CONDITIONS OF APPROVAL FOR TRACTS 14604 AND 13630 In a memorandum dated March 12, 1990, Shauna Clark, City Clerk, provided revised conditions for Tract 14604, Sierra Engineering, applicant, located at the northeast corner of Magnolia Avenue and Ohio Avenue and also Tract 13630, Joseph Bonadiman, applicant, located at the northeast corner of Belmont and Magnolia Avenues. Both tracts were approved by the Mayor and Council on March 5, 1990. (44) City Clerk Clark explained that the list of revised conditions for Tracts 14604 and 13630 has been approved as part of the minutes for March 5, 1990, therefore, no further action is necessary. Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the list of revised conditions for Tracts 14604 and 13630 be tabled. COUNCIL MEMBERS ESTRADA AND FLORES RETURNED Council Members Estrada and Flores returned to the Council Meeting and took their places at the council table. AUTHORIZE ADDITIONAL POSITIONS - DEPARTMENT OF PLANNING AND BUILDING SERVICES ONE SENIOR CODE COMPLIANCE OFFICERS, TWO CODE COMPLIANCE OFFICERS, AND ONE TYPIST CLERK II - SIGN STICKER AND COMMERCIAL PROPERTY CODE ENFORCEMENT PROGRAM - CONTINUED FROM MARCH 19, 1990 In a memorandum dated February 7, 1990, Larry Reed, Director of Planning and Building Services, requested authorization to hire one Senior Code Compliance Officer and one Typist Clerk II to administer the Sign Sticker and Commercial Property Code Enforcement Program in the Planning and Building Services Department. (28) Director Larry Reed answered questions regarding a time frame for hiring the additional staff. Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that one position of Senior Code Compliance Officer, range 1116, ($2528-$3080); two Code Compliance Officers, range 1108, ($2289-$2791); and one Typist Clerk II, range 1065, ($1345-$1639) be approved for the Sign Sticker and Commercial Property Code Enforcement Program, and that the Director of Personnel be directed to prepare the appropriate amendment to Resolution No. 6433. 20 4/2/90 SOLID WASTE TASK FORCE IMPLEMENTATION OF AB 939- CONTINUED FROM MARCH 19, 1990 In a memorandum dated March 12, 1990, Marshall Julian, City Administrator, stated that the Board of Supervisors has requested that the City of San Bernardino change its position relative to the make-up of the Solid Waste Task Force. The Board of Supervisors is proposing a 37-member task force with the chairman being a member of the Board of Supervisors, rather than selected by the task force. (29) In a letter dated March 5, 1990, addressed to Mayor Holcomb Robert L. Hammock, County Supervisor, Fifth District, 385 N. Arrowhead Avenue, San Bernardino, California, provided a resolution adopted by the Board approving the configuration of the Solid Waste Task Force. Supervisor Hammock also requested that the City join together in the spirit of cooperation to find solutions and comply with the mandates of AB 939 which requires the solving of problems relating to the recycling and disposal of solid waste on a local level. Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that the matter relative to the Solid Waste Task Force implementation of AB 939 be received and filed. RES. 90-117 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING PROCEDURES AND TIME PERIODS FOR IMPLEMENTING A MITIGATION PROGRAM FOR UNREINFORCED MASONRY BUILDINGS. (Continued from March 19, 1990) (30) Larry Reed, Director of Planning and Building Services, answered questions regarding the length of time for implementation of the mitigation program for unreinforced masonry buildings. He also answered questions regarding whether or not the land owner could hire an engineer without having the engineer obtain an analysis of the building before reinforcement work begins. Council Member Reilly made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 90-117 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. MC-718 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 15.12.050 OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING MITIGATION PROGRAM FOR UNREINFORCED MASONRY BUILDINGS. (Amended to include reference to Section 2.64 of the San Bernardino Municipal Code, per action of Mayor and Council on 3/19/90). FINAL (31) 21 4/2/90 Council Member Maudsley made a motion, seconded by Council Member Flores, that said ordinance be adopted. Ordinance MC-718 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the council table. BEAUTIFICATION OF I-IO AUTHORIZE CONTRIBUTION IN AMOUNT OF $1000 In a memorandum dated March 26, 1990, Marshall Julian, City Administrator, presented a letter from John Longville, Mayor of the City of Rialto, requesting a contribution of $1,000.00 to be used toward the costs of preparing the landscape master plan for the I-IO corridor. A consistent landscaping treatment or theme will be developed for the I-IO corridor from Montclair to Yucaipa. Each community's gateway off-ramp will be individua- lized to reflect that community's unique identity. (33) COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. City Administrator contribution would go consultant to prepare corridor. Julian explained that the $1,000.00 towards the overall contract for a a landscape master plan for the I-10 Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that an amount of $1,000 be authorized from Account #001-091-53030 towards the cost of preparing the master plan for beautification of the I-IO corridor. CHANGE ORDER NO. TWO - MAINTENANCE OF SECCOMBE LAKE PARK - L. BARRIOS & ASSOCIATES, INC., In a memorandum dated March 9, 1990, Annie F. Ramos, Director of Parks, Recreation and Community Services, requested approval of Change Order No. Two with L. Barrios & Associates, Inc., for various items of work for the maintenance of Seccombe Lake Park. Change Order No. Two extends the terms of the contract for a one year period, from July 1, 1990 to June 30, 1991, and increases the unit bid prices by six percent. (35) Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that Change Order No. Two to the contract with L. Barrios & Associates, Inc., for maintenance of Seccombe Lake Park, in accordance with Plan No. 7172 (1990-91), be approved; to extend the contract for a period of one year, adjust the contract bid prices by 6%, from $44,730 22 4/2/90 to $47,414, incorporate maintenance cost of $39,000 for the new Phase IB of Seccombe Lake Park, and incorporate supplemental items of work and amendments to special provisions into the contract of $17,018.00 for a total of $103,432.00. ADDITIONAL POSITIONS FACILITIES MANAGEMENT ONE TYPIST CLERK II - DELETION OF ONE TYPIST CLERK I - RISK MANAGEMENT - ONE WORKERS COMPENSATION SPECIALIST In a memorandum dated March 22, 1990, Gordon Johnson, Director of Personnel, stated that the Director of Facilities Management has requested the deletion of one Typist Clerk I position and reclassifying the Typist Clerk I position to Typist Clerk II. (36) In a memorandum dated March 19, 1990, James Robbins, Acting Director of Risk Management, requested approval of an additional Workers' Compensation Specialist position in the Risk Management Division. Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that the position of Typist Clerk I be deleted and one position of Typist Clerk II be added to the Facilities Management Department budget; that one position of Workers' Compensation Specialist be added to the Risk Management Division budget; and that the Director of Personnel be directed to amend Resolution No. 6433. COUNCIL MEMBER MAUDSLEY EXCUSED Council Member Maudsley left the Council Meeting. ANNEXATION OF TERRITORY EAST OF CEDAR AVENUE, NORTH OF BASELINE AVENUE - AUTHORIZATION TO PROCEED In a memorandum dated March 19, 1990, Roger Hardgrave, Director of Public works/City Engineer, stated that a petition was received from Van Loon Mutual Water Company, located within the area proposed for annexation, to receive City water services. It is the policy of the City not to provide water services outside its corporate limits. Therefore Van Loon Mutual Water Company was advised by the City they would have to be annexed in order to receive water services from the City. (40) Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the proposed annexation of the territory generally located east of Cedar Avenue, north of Baseline Avenue. 23 4/2/90 VACATION OF NORTH/SOUTH ALLEY, WEST OF WATERMAN AVENUE, BETWEEN 27TH STREET AND ALEXANDER STREET- AUTHORIZATION TO PROCEED In a memorandum dated March 12, 1990, Roger Hardgrave, Director of Public works/City Engineer, stated that a request was received from Mrs. Freddie Spellacy to vacate the north/south alley, west of Waterman Avenue, between 27th Street and Alexander Street, to eliminate problems of unauthorized trash dumping and loiterers. (41) Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that the Director of Public Works/City Engineer and City Clerk be authorized to proceed with the proposed vacation of that north/south alley, west of Waterman Avenue, between 27th Street and Alexander Street; and that Plan No. 8092 showing the proposed vacation of that north/south alley, west of Waterman Avenue, between 27th Street and Alexander Street, be approved. COUNCIL MEMBER MAUDSLEY RETURNED Council Member Maudsley returned to the Council Meeting and took his place at the council table. REQUEST FOR WAIVER OF CONDITION TO CONNECT TO SEWER SYSTEM - 425 E. ARROWHEAD ROAD In a memorandum dated March 23, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that a request was received for a waiver to the condition to connect to the City's sewer system for property located at 425 E. Arrowhead Road. The request was made by Mr. John Powers on behalf of Ms. Connie Kiss, who is purchasing the property form Mr. John Buehler. This matter was previously considered at the meeting of the Mayor and Common Council of March 19, 1990, and was referred to the Environmental Review Committee. (42) Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the request for a waiver of the condition to connect to the City sewer system for the property located at 425 East Arrowhead Road, be approved. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the council table. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 8.90 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO MOBILE HOME RENTS. FIRST (S-5) 24 4/2/90 In a memorandum dated March 27, 1990, Coordinator, provided a summarization, attachments, of the activities of the Committee in negotiating a fair rental mobile park owners and mobilehome owners. Gerald Butler, Project with a variety of Mobile Home Ad Hoc agreement between the Mayor Holcomb stated that the City emergency ordinance that freezes mobilehome emergency ordinance will expire shortly. currently has an rents but that the City Attorney Penman gave an overview of the proposed ordinance and provided replacement pages to the ordinance. Mayor Holcomb opened the hearing. Clay Hage, Regional Director, Western Mobilehome Association, 3773 Tibbetts Street, Suite B, Riverside, Ca, strongly opposed the mobile home rent ordinance on behalf of the park owners. Mayor Holcomb read a portion of a letter dated February 12, 1990, from a mobilehome park owner who had invested a large amount of money into the park with the intention of increasing the space rents by more than twenty percent. The Mayor stated that it is because of greedy park owners that the proposed ordinance is necessary. Bill Leland, owner of the Vogue Mobilehome park, explained why rents for the park are being increased. Sally Wilder, a resident of San Bernardino, spoke in favor of the mobilehome rent ordinance. Ralph Hernandez, a resident of San Bernardino, requested clarification regarding the effective date for the mobilehome rent rollback and why the park owners are entitled to a space rental income adjustment equal to eighty percent of the Consumer Price Index. Kenneth Scott, 2686 W. Mill Street, spoke regarding the hidden costs associated with being a mobilehome renter. He complained about the increases in RV storage and the other utility services that have been paid previously by the park owners and now are paid for by the mobilehome renters. City Attorney Penman answered questions regarding the intent of the registration fee proposed in the ordinance. Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that the hearing be closed; and that said ordinance be laid over for final passage. 25 4/2/90 RECESS MEETING At 4:12 p.m., Mayor Holcomb declared a ten-minute recess and requested that Council Member Minor assume the duties of Mayor Pro-Tempore when the meeting reconvenes. RECONVENE MEETING At 4:25 p.m., Mayor Pro Tempore Minor called the Regular Meeting of the Mayor and Common Council 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 Pro Tempore Minor; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam; Sr. Assistant City Attorney Barlow, City Clerk Clark, City Administrator Julian. Absent: Mayor Holcomb; Council Members Estrada and Miller. RECONSIDERATION OF REQUEST FOR HEALTHLINK TO OPERATE DIALYSIS TRANSPORTATION VEHICLE FRANCHISE - DISCUSSED EARLIER IN MEETING. SEE PAGE 17 Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly and unanimously carried, that the request for Healthlink to operate a dialysis transportation vehicle franchise be reconsidered. (34) Kay Baker of CareAmbulette, 3 Marimack, Irvine Ca., opposed a second dialysis transportation vehicle franchise in the City. She stated that a second dialysis transportation vehicle franchise company would jeopardize the quality of service CareAmbulette provides to their forty-eight patients. She further stated that there aren't enough patients in the City for a second franchise. COUNCIL MEMBERS ESTRADA AND MILLER RETURNED Council Members Estrada and Miller returned to the Council Meeting and took their places at the council table. City Clerk Clark explained why the Franchise Board recommended the approval of a second dialysis transportation vehicle franchise in the City. City Clerk Clark read a portion of a letter dated January 3, 1990, from Larry Lynch, Executive Director, California Medical Transportation Association, Inc., which addressed the issue of competition for cost and related services among providers. Ms. Baker answered of CareAmbulette were meetings. questions regarding why representatives not present at the Franchise Board 26 4/2/90 Council Member Reilly made a motion, seconded by Council Member Miller, that the previous motion be confirmed. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Abstain: Council Member Pope-Ludlam. Absent: None. RES. 90-118 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF CERTAIN REDEVELOPMENT ACTIVITIES FOR THE STATE COLLEGE REDEVELOPMENT PROJECT AREA. (R-4a) RES. 90-119 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF CERTAIN REDEVELOPMENT ACTIVITIES FOR THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA. (R-4c) Council Member Miller made a motion, seconded by Council Member Flores, that said resolutions be adopted. Resolution following vote: Maudsley, Minor, None. Nos. 90-118 and 90-119 were Ayes: Council Members Estrada, Pope-Ludlam, Miller. Noes: adopted Reilly, None. by the Flores, Absent: MC-719 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ORDINANCE NO. MC-561 AND THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT. FINAL (R-6a) MC-720 - AN ORDINANCE CALIFORNIA, AMENDING REDEVELOPMENT PLAN REDEVELOPMENT PROJECT. OF THE CITY OF SAN BERNARDINO, ORDINANCE NO. MC-562 AND THE FOR THE CENTRAL CITY WEST FINAL (R-6b) MC- 721 - AN ORDINANCE CALIFORNIA, AMENDING REDEVELOPMENT PLAN REDEVELOPMENT PROJECT. OF THE CITY OF SAN BERNARDINO, ORDINANCE NO. MC-563 AND THE FOR THE CENTRAL CITY EAST FINAL (R-6c) MC-722 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ORDINANCE NO. MC-565 AND THE REDEVELOPMENT PLAN FOR THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT. FINAL (R-6d) MC-723 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ORDINANCE NO. MC-558 AND THE REDEVELOPMENT PLAN FOR THE MEADOWBROOK REDEVELOPMENT PROJECT. FINAL (R-6e) 27 4/2/90 MC-724 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ORDINANCE NO. MC-564 AND THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY SOUTH REDEVELOPMENT PROJECT. FINAL (R-6f) MC-725 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ORDINANCE NO. MC-560 AND THE REDEVELOPMENT PLAN FOR THE STATE COLLEGE REDEVELOPMENT PROJECT. FINAL (R-6g) Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, that said ordinances be adopted. Ordinances MC-719, MC-720, MC-721, MC-722, MC-723, MC-724, MC-725 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 18.40.380 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO EXEMPTING RESIDENTIAL PARCEL MAPS AND PREVIOUSLY DEVELOPED PORTIONS OF ANY NON-RESIDENTIAL ZONED PARCEL FROM THE REQUIREMENT TO UNDERGROUND UTILITIES. (Continued from earlier in the meeting. See page 10) FIRST (21) City Attorney Penman explained the changes made to the ordinance. City Clerk Clark pointed out that the intent of Mayor Holcomb was to have Section 5 of the ordinance apply to infill housing areas to be defined in geographic limitations. Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that said ordinance be laid over for final passage. SET PUBLIC HEARING - EMERGENCY MEDICAL SERVICES FEES In a memorandum dated March 29, 1990, Gerald M. Newcombe, Fire Chief, requested that a public hearing be set for 10: 00 a.m., April 16, 1990, to discuss an emergency medical service fee to be charged to any person that is treated for emergency medical care by the San Bernardino City Fire Department and transported by ambulance to a medical facility. (S-l) City Administrator Julian answered questions regarding why funds from the General Fund could not be used for emergency medical services. 28 4/2/90 A discussion ensued regarding the effects of imposing an additional tax upon the citizens in San Bernardino. Members of the Council requested a report showing how many revenue enhancement measures have been approved, how much of the bond refinancing money has been spent, along with a listing of future proposals. Council Member Maudsley made a motion, seconded by Council Member Miller, that a public hearing be set for 10:00 a.m., April 16, 1990, to discuss the proposed ordinance authorizing the collection of fees for emergency medical services conducted thereunder and setting the amount of such fees. The motion carried by the following vote: Ayes: Members Reilly, Flores, Maudsley, Minor, Miller. Noes: Members Estrada, Pope-Ludlam. Absent: None. Council Council WIDENING OF 40TH STREET, APPROVAL OF FUNDS AND ENGINEERING In a memorandum dated March 27, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that the passage of Measure I, approving the 1/2 cent sales tax for street and highway improvements, will provide a potential funding source for the widening and improvement of 40th Street, from Kendall Drive to Electric Avenue. The project will be done in two phases, with the first being from Third Avenue to Acre Lane. The City's preliminary engineering cost is $30,500.00. (S-2) THIRD AVENUE TO ACRE LANE- AUTHORIZATION TO COMMENCE Council Member Miller made a motion, seconded by Council Member Minor and unanimously carried, that the transfer of $30,500, from Account No. 242-362-57658, "Waterman - Redlands to Mill", to Account No. 242-362-57330, "Widening 40th Street, Third to Acre", be approved and the Director of Public Works/City Engineer be directed to request the County to allocate funds to finance their share of the preliminary engineering costs, and negotiate a cooperative agreement. GENERAL PLAN AMENDMENT - NORTHWEST CORNER OF "E" STREET AND 27TH STREET - AUTHORIZATION TO INITIATE In a memorandum dated March 15, 1990, Tom Minor, Council Member, Fifth Ward, stated that during the land use hearings for the adoption of the General Plan, the northwest corner of "E" Street and 27th Street was designated CG-l, Commercial General. This designation permits a range of commercial retail uses that may be incompatible with the surrounding residential neighborhood. He recommended a residential designation for the site. (S-3) 29 4/2/90 Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the Mayor and Common Council direct the Planning and Building Services Department to initiate a General Plan amendment for the northwest corner of "E" Street and 27th Street. RES. 90-120 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN SAID CITY AND THE NATIONAL ORANGE SHOW, A NON-PROFIT ORGANIZATION CONCERNING THE PROVIDING OF LAW ENFORCEMENT AND SECURITY SERVICES AT THE NATIONAL ORANGE SHOW DURING THE 1990 EXPOSITION. (S-4) Council Member Estrada made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 90-120 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING MEMBERSHIP OF THE SOLID WASTE TASK FORCE REQUIRED UNDER A.B. 939 (STATS. 1989) AND DESIGNATING A REPRESENTATIVE AND ALTERNATE AND REPEALING RESOLUTION NO. 90-45. (S-6) Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be received and filed. PERSONNEL ACTIONS Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the personnel actions dated March 29, 1990, submitted by the Director of Personnel in accordance with all administrative regulations of the City of San Bernardino, be approved as follows: (S-7) John H. Martin, Senior Assistant City Attorney, range 4513, Step 4, $6,634/mo., effective 4/30/90; Stephanie Eastland, Paralegal I, range 3327, Step 1, $2,266/mo., effective 4/16/90; Esthermarie J. Oku, Paralegal I, range 3327, Step 4, $2,623/mo., effective 4/23/90. 30 4/2/90 ADJOURNMENT At 5:15 p.m., Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the meeting be adjourned to 8:30 a.m., Monday, April 9, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (45) SHAUNA CLARK City Clerk oiL ~. {7 by ~t?flf'~.. /0./4.-,,-. .::;..)(..-/ 'Deputy C' y Clerk No. Items: 66 No. Hours: 7 hrs. 25 min. 31 4/2/90