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HomeMy WebLinkAbout04-16-1990 Minutes ! City of San Bernardino, California April 16, 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., Monday, April 16, 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, Minor; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Council Members Estrada, Pope- Ludlam, Miller. RECESS MEETING - CLOSED SESSION At 8:35 a.m., Mayor Holcomb recessed the Mayor and Common Council and Community Development Commission of the City of San Bernardino 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)(1), as there litigation; attorney regarding pending Government Code Section is significant exposure to f. to confer with the attorney regarding li tigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending Section decide 1 4/16/90 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: City of San Bernardino vs. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239193; Stubblefield Construction Com1?any. 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); Revnolds vs. City of San Bernardino Superior Court Case No. 248752; San Bernardino Dudlev Brewster. et al vs. Southern Pacific Railroad. et al - San Bernardino Superior Court Case No. 249736; Save San Bernardino vs. Citv of San Bernardino San Bernardino Superior Court Case No. 250425; C.F.B. Investments. Ltd. vs. City of San Bernardino - United States District Court - Case No. SA CV89-862 JSC (RWRx); Randall vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 250472; Grady vs. City of San Bernardino - San Bernardino Superior Court Case No. 243287; Southern Pacific Transportation Comoanv. et al vs. City of San Bernardino San Francisco Superior Court Case No. 877359; Charles H. Brown vs. Citv of San Bernardino. et al - United States District Court Case No. SACV 88-495 (AHS); Charles Hudson Brown vs. Domino. et al - San Bernardino Superior Court Case No. 243087; Hayes vs. Delaney. et al - San Bernardino Superior Court Case 240268; Carl B. Alston vs. City of San Bernardino, et al - United States District Court - Case No. CV90-0012 WPG (GHKx) 2 4/16/90 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. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor; City Attorney Penman, City Administrator Julian. Absent: Council Members Estrada, Pope-Ludlam, Miller; City Clerk Clark. Also present was: Margaret Scroggin, Administrative Operations Supervisor, Attorney's Office. 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. CITY CLERK ARRIVED AT THE CLOSED SESSION At 8:40 a.m., City Clerk arrived at the closed session. COUNCIL MEMBER At 8:45 a.m., closed session. POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the ACTING FIRE CHIEF NEWCOMBE AND GORDON JOHNSON ARRIVED Acting Fire Chief Newcombe and Gordon Johnson, Personnel Director, arrived at the closed session. COUNCIL MEMBER ESTRADA ARRIVED At 9:10 a.m., Council Member Estrada arrived at the closed session. ADJOURN CLOSED SESSION At 9:25 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. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam; Senior Assistant City Attorney Barlow, City Clerk Clark, City Administrator Julian. Absent: Council Member Miller. 3 4/16/90 ANNOUNCEMENT BY MAYOR - JERED THOMAS Mayor Holcomb introduced nine year old Jered Thomas, who has been designated as honorary mayor for the day. Jered is being recognized for his outstanding performance at the Little League Baseball opening ceremonies, in which Jered hit a home run. Jered is also an excellent student at Parks ide Elementary with a perfect attendance for this school year. (2) INVOCATION The invocation was given by the Rev. Phil Thompson of the Judson Baptist Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Jared Thomas. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council meeting. CLOSED SESSION CONTINUED Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that the closed session items for the Mayor and Common Council and Community Development Commission be continued to Thursday, April 19, 1990, at 9: 30 a.m., in the Management Information Center (MIC) room. PRESENTATION - OFFICER OF THE YEAR AWARD Lorraine Velarde, Executive Assistant to the Mayor, read the officer of the year award presented to Officer Jess Hernandez of the San Bernardino Police Department from the Latino Peace Officers' Association. (4) Mayor Holcomb congratulated Officer Jess Hernandez and presented him with the award. PROCLAMATION - PUBLIC SCHOOLS WEEK - APRIL 16-20, 1990 Lorraine velarde, Executive Assistant to the Mayor, read a proclamation declaring the week of April 16 through 20, 1990, as Public Schools Week in the community in conjunction with the Masonic Affiliated Bodies and the San Bernardino City Unified School District. (4) Mayor Holcomb presented the proclamation to Mr. Terry Drayton of the Masonic Bodies. PROCLAMATION - HEALTH FAIR EXPO DAY - MAY 3, 1990 Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring May 3, 1990, as Health Fair Expo Day at Patton State Hospital. (4) Mayor Holcomb presented the proclamation to Mr. Jack Longo, Site Coordinator, and Mr. Paul Mays, Exhibit and Public Relations Chairperson. 4 4/16/90 PROCLAMATION - MARCH OF DIMES - CAMPAIGN FOR HEALTHIER BABIES MONTH - APRIL, 1990 Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation for the March of Dimes Birth Defects Foundation proclaiming April, 1990, as March of Dimes Campaign for Healthier Babies month in conjunction with the 20th Annual Walk America. (4 ) Mayor Holcomb presented the proclamation to Mr. Paul C. Mays, Teamwalk Chairman for the Walk America. He also presented a city pin to Allison Rodriguez, March of Dimes Ambassador. Mr. Mays announced that the 20th Annual Walk America will be held on Saturday, April 28, 1990, beginning at 8:00 a.m. at perris Hill Park in the City of San Bernardino. PROCLAMATION - VICTIM RIGHTS WEEK - APRIL 22-28, 1990 Lorraine Velarde, Executive Assistant to the Mayor, proclamation declaring April 22 through 28, 1990, as Rights week. (4) read a Victim Mayor Holcomb presented the proclamation to Ms. Jo An Nunez, Victim Witness Program Coordinator for the San Bernardino County District Attorney's Office. PROCLAMATION - NATIONAL DAY OF PRAYER - MAY 3, 1990 Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring May 3, 1990, as National Day of Prayer in the City of San Bernardino. (4) Mayor Holcomb presented the proclamation to John Lowe of Campus Crusade for Christ. SERVICE PIN AWARD CEREMONY Lorraine Velarde, Executive Assistant to the Mayor, read the names of employees receiving service pin awards. (5) Each employee received a service pin from Mayor Holcomb in gratitude for his/her many years of dedicated service to the City. ANNOUNCEMENT PRESENTATION Mayor Holcomb announced Common Council, later in the system pick up will be viewed BY MAYOR REFUSE PICKUP VIDEO that at a recess meeting, a video on Channel 3. of the Mayor and on the new refuse (2 ) ANNOUNCEMENT BY MAYOR - TELEPHONE COMPANIES ENTERING THE CABLE INDUSTRY Mayor Holcomb announced that presentation on Channel 3 at 12:00 urge Congress to revise the Cable 1984. there will also be a video noon on the recommendation to Communications Policy Act of (2 ) 4/16/90 5 PUBLIC COMMENTS There were no public comments. ( 3) ATTENDANCE OF 30 STUDENTS TO THE YOUTH TO YOUTH THIRD WESTERN STATES CONFERENCE - JULY 4-8, 1990 - MALIBU, CA - SAN BERNARDINO COMMUNITY AGAINST DRUGS, INC. - REQUEST FOR FUNDS - $9,750 In a memorandum dated April 10, 1990, City Administrator Julian stated that he had received a request from the San Bernardino Community Against Drugs, Inc., for funds to send thirty students to the Youth to Youth Third Western States Conference in Malibu, California on July 4-8, 1990. The cost for this conference is $325 per student which totals $9,750 for thirty students. (8) Jeri Simpson, Executive Director of the San Bernardino Community Against Drugs, Inc., explained how the Youth to Youth Conference educates teenagers about drugs. She also described the reactions of students who have previously attended the Youth to Youth Conference. Ms. Simpson stated that a mini Youth to Youth Conference is being planned for September, 1990. The 100 students who attend the large conference in July, 1990, will conduct this mini conference in San Bernardino, to discuss their experience at the conference. Ms. Simpson introduced Jesse Linn, a former recipient who attended the conference last year. COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council meeting and took his place at the council table. Jesse Linn helped him stop made him aware encourages many explained how the Youth to Youth Conference taking drugs. He also stated that the Conference of the damage the drugs was causing, and he now of his classmates to stop taking drugs. A discussion ensued regarding the use of Police salary savings instead of the vice/narcotics overtime funds. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the request from the San Bernardino Community Against Drugs, Inc., for funds in the amount of $9,750 to allow 30 students to attend the Youth to Youth Third Western States Conference to be held July 4-8, 1990, in Malibu, California, be approved; and that funds in the amount of $9,750 be transferred from the Police Salary Savings account to Account No. 001-091-53636 (San Bernardino Community Against Drugs, Inc.). 6 4/16/90 COUNCIL MINUTES - FEBRUARY 28, 1990 - MARCH 7, 1990- MARCH 19, 1990 - APRIL 9, 1990 Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the minutes of the meetings of the Mayor and Common Council of the City of San Bernardino held on the following dates be approved as submitted in typewritten form: February 28, 1990; March 7, 1990; March 19, 1990; April 9, 1990. (6) CONSIDER INCREASE IN CEMETERY CHARGES FOR SALE OF MATERIALS, SERVICES AND BURIAL FEES SET PUBLIC HEARING - MAY 7, 1990 In a memorandum dated April 3, 1990, Dan Ustation, Cemetery Superintendent, reported that on March 15, 1990, the Cemetery Department reviewed price comparisons for materials, services and burial fees in the privately owned and other municipal cemeteries in the area. The proposed increases would generate an additional $30,500 in revenue. (7) Council Member Flores made a motion, seconded by Council Members Minor and unanimously carried, that a public hearing be set for 10:00 a.m., May 7, 1990, to consider increase in charges for sale of materials, services and burial fees. CENTRAL CITY MALL REPLACEMENT OF EXTERIOR DOORS- APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated March 27, 1990, Roger Hardgrave, Director of Public works/City Engineer, stated that plans for the replacement of exterior doors at the Central City Mall have been prepared by the Engineering Division, and the project is ready to be advertised for bids. The project consists of replacing 25 pairs of original doors and moving a pair of doors from the ground level to the second floor at the "E" Street arcade entrance. The total estimated project cost is $33,000. ( 9) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the plans for replacement of exterior doors at Central City Mall, in accordance with Plan No. 8014, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. STREET IMPROVEMENTS AND TRAFFIC SIGNAL RELOCATION- SOUTHEAST CORNER OF WATERMAN AVENUE AND GILBERT AVENUE - BOB BRITTON, INC. - APPROVAL AND ACCEPTANCE OF WORK In a memorandum dated April 4, 1990, Roger Hardgrave, Director, Public Works/City Engineer, stated that all work required under the contract with Bob Britton, Inc., for the street improvements and relocation of traffic signals at Waterman Avenue and Gilbert Avenue, was satisfactorily completed as of April 3, 1990, and the final contract price was $17,278.80. (10) 7 4/16/90 Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the work performed by the contractor for street improvements and traffic signal relocation at the southeast corner of Waterman Avenue and Gilbert Avenue, in accordance with Plan No. 7907, be approved and accepted; and that final payment be authorized at the expiration of the lien period. NUNEZ PARK - INSTALLATION OF NEW BALLFIELD LIGHTING SYSTEMS APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated April 2, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that the plans for installation of new ballfield lighting systems for the two softball fields in Nunez Park are being prepared. This project will consist of installing new lighting systems to replace the existing systems. Every effort will be made to design the new systems so that the existing systems can be kept in operation during construction. The total estimated cost is $215,000. (11) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the plans for installation of new ballfield lighting systems in Nunez Park, in accordance with Plan No. 8098, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids. PROPOSED UNDERGROUND UTILITY AND SIGNALIZATION ASSESSMENT DISTRICT - MEDICAL CENTER DRIVE AND 19TH STREET - AUTHORIZATION TO PROCEED In a memorandum dated March 30, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated he had received a petition requesting the formation of an assessment district for the undergrounding of utilities along Medical Center Drive, between 17th and 19th Streets, along with the installation of traffic signals at Medical Center Drive and 17th Street. The assessment would include undergrounding of all overhead utilities, the installation of traffic signals, and administrative costs. The signatures affixed to the referenced petition have been checked and were found to represent the owners of 100 percent of the area of the property lying within the proposed boundaries of the proposed district. (13) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the City Engineer and City Clerk be authorized to proceed with the establishment of an assessment district under the provisions of Chapter 12.90 of the San Bernardino Municipal Code; and that the City Engineer be directed to prepare an engineer's report for the proposed undergrounding of utilities in portions of Medical Center Drive between 17th and 19th Streets and the installation of traffic signals at Medical Center Drive and 17th Street. 8 4/16/90 CHESTNUT DRIVE AREA LANDSCAPE MAINTENANCE DISTRICT- AUTHORIZATION TO PROCEED In a memorandum dated March 28, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that he had received a petition requesting the formation of an assessment district for the maintenance of landscaping along Irvington Avenue and vacated Chestnut Avenue which border Tentative Tract No. 13307. The assessment district would include maintenance of landscaping, energy costs and administrative costs. The signatures affixed on the petition have been checked and were found to represent the owners of 100 percent of the area of the property lying within the proposed boundaries of the district to be assessed for the proposed maintenance. (14) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the City Engineer and City Clerk be authorized to proceed with the establishment of an assessment district under the provisions of Chapter 12.90 of the San Bernardino Municipal Code; and that the City Engineer be directed to prepare an Engineer's Report for the proposed maintenance of landscaping in portions of Irvington Avenue and vacated Chestnut Avenue, in the City of San Bernardino. BUILDING DEMOLITION - NORTHWEST CORNER OF WATERMAN AND 7TH STREET - HARBER COMPANIES, INC. - APPROVAL AND ACCEPTANCE OF WORK In a memorandum dated April 4, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that all work performed under the contract with Harber Companies, Inc. for building demolition at the northwest corner of Waterman Avenue and 7th Street was satisfactorily completed at of March 2, 1990. The final contract price was $14,400. (16) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the work performed by the contractor for the building demolition at the northwest corner of Waterman Avenue and 7th Street, in accordance with Plan No. 7937, be approved and accepted; and that final payment be authorized at the expiration of the lien period. CLAIMS AND PAYROLL Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the claims and payrolls and the authorization to issue warrants as listed on the memorandum dated April 9, 1990, from the Director of Finance, be approved. (17) PERSONNEL ACTIONS Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the personnel actions dated April 4, 1990, submitted by the Chief Examiner, in accordance with all administrative regulations of the City of San Bernardino, be approved. (18) 9 4/16/90 WAIVING OF RESOLUTIONS AND ORDINANCES Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas be waived. (20) RES. 90-121 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENTS AND IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF PUBLIC NUISANCES. (895 W. 2ND ST., 1372 W. 7TH ST., 284 E. 10TH ST., 1387 W. 10TH ST., 1890 W. 13TH ST., 881 W. 17TH ST., 1985 W. BASELINE, LOT S. OF 1323 CONGRESS, 1288 N. CRESTVIEW, 980 N. "F" ST., 5395 N. "F" ST., 971 W. HIGHLAND, 1396 N. MASSACHUSETTS, 2856 PENNSYLVANIA, 272 S. PICO, 5585 SURREY LANE, 1172 N. TIAJUANA, 1855 W. VINE, 1795 VIRGINIA). (21) RES. 90-122 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENTS AND IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF PUBLIC NUISANCES. (292 E. 4TH ST., 681 W. 8TH ST., 125 E. 9TH ST., 1811 W. 9TH ST., 787 W. 10TH ST., 200 W. 11TH ST., 872 W. 17TH ST., 3231-33 N. ACACIA ST., 137 W. BASELINE, 448 W. BASELINE, 549-567 E. CENTRAL, 630 E. CENTRAL, 1642 E. ECHO DRIVE, 1108 N. "F" ST., 1171 HANCOCK ST., 735 1/2 "K" ST., 1611 KENDALL, 1128 N. "L" ST., 385 MONTEREY, 630 N. MT. VERNON, 2587 PENNSYLVANIA, 2216 E. ROCA, 592 E. SANTA FE, 471 N. SIERRA WAY, 481 N. SIERRA WAY, 2655 N. TAYLOR ST., 700 S. VALLEY VIEW, 1104 S. WATERMAN) (22) RES. 90-123 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION . . . ESTABLISHING A BASIC COMPENSATION PLAN . "; BY ADDING THE TITLE OF SENIOR FIRE PREVENTION OFFICER AND BY DELETING THE TITLE OF SENIOR FIRE PREVENTION INSPECTOR. (23) RES. 90-124 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AGREEMENT WITH DENTICARE (MISSION DENTAL) PLAN EXTENDING THE TERM FOR AN ADDITIONAL NINETEEN MONTH PERIOD, EFFECTIVE JANUARY 1, 1990. (24) RES. 90-125 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AGREEMENT WITH PRIVATE MEDICAL CARE, INC., EXTENDING THE TERM FOR NINETEEN MONTHS EFFECTIVE JANUARY 1, 1990. (25) 10 4/16/90 RES. 90-126 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT. (Weed Abatement) (27) RES. 90-127 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF BOUNDARIES OF ASSESSMENT DISTRICT NO. 975 BY EXPANDING THE BOUNDARIES THEREOF TO INCLUDE ADDITIONAL TERRITORY IN THE DISTRICT; DECLARING ITS INTENTION TO PROCEED TO ORDER THE AMENDMENT AND EXPANSION OF THE DISTRICT; AND WAIVING NOTICE AND HEARING. (MILL & PEPPER) (28) RES. 90-128 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF BOUNDARIES OF ASSESSMENT DISTRICT NO. 991 BY EXPANDING THE BOUNDARIES THEREOF TO INCLUDE ADDITIONAL TERRITORY IN THE DISTRICT; DECLARING ITS INTENTION TO PROCEED TO ORDER THE AMENDMENT AND EXPANSION OF THE DISTRICT; AND WAIVING NOTICE AND HEARING. (Verdemont & Olive) (29) RES. 90-129 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 56 OF LOCAL AGENCY FEDERAL-AID SAFETY IMPROVEMENT PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION. (Baseline-Medical Center Dr. to Crestview Ave.) (30) Council Member Flores made a motion, seconded by Council Member Minor, that said resolutions be adopted. 126, vote: Minor, Miller. Resolution Nos. 90-121, 90-122, 90-123, 90-124, 90-125, 90- 90-127, 90-128 and 90-129 were adopted by the following Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam. Noes: None. Absent: Council Member RES. 90-130 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENTS NO. 57 & 58 OF LOCAL AGENCY FEDERAL-AID SAFETY IMPROVEMENT PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION. (31) Council Member Flores made a motion, seconded by Council Member Minor, that said resolution be adopted. 11 4/16/90 Resolution No. 90-130 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Member Miller. Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the sum of $15,425 be transferred from Account No. 242-362-57653 (So. "E" at Santa Ana River) to Account No. 242-362-57670 (Mt. Vernon, Grant Ave. to Second St.). RES. 90-131 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING ISSUANCE OF BONDS, APPROVING BOND INDENTURE AND OFFICIAL STATEMENT FOR A SPECIAL ASSESSMENT DISTRICT. (32) RES. 90-132 - RESOLUTION OF THE CITY MAKING AWARD FOR SALE OF BONDS, AND ESTABLISHMENT OF A REDEMPTION FUND. OF SAN BERNARDINO PROVIDING FOR THE (33) Council Member Flores made a motion, Member Minor and unanimously carried, that adopted. seconded by Council said resolutions be Resolution following vote: Maudsley, Minor, Member Miller. Nos. 90-131 and 90-132 were adopted Ayes: Council Members Estrada, Reilly, Pope-Ludlam. Noes: None. Absent: by the Flores, Council ORDER OF THE BOARD OF BUILDING COMMISSIONERS' MEETINGS OF FEBRUARY 2, 1990 & MARCH 2, 1990 Council Member Flores made a motion, Member Minor and unanimously carried, that be filed: seconded by Council the following orders (34) BBC 1342 Arthur & Lupe Garcia 1396 N. Massachusetts BBC 1343 Noah J. Thomas 146 S. Waterman BBC 1346 Mr. & Mrs. W. K. Farmer 284 E. 10th Street BBC 1349 The New York Guardian 1890 W. 13th Street Mortgage BBC 1351 Darwin K. Pearson 3251 N. Del Rosa BBC 1352 Douglas R. Heffner 272 S. Pico BBC 1353 Ida M. Law 1172 N. Tiajuana BBC 1355 Dennis McLaughlin 5395 N. IIF" Street BBC 1356 Lin Ai Tang 971 W. Highland Ave. BBC 1357 Juan M. Lemus 881 W. 17th Street BBC 1358 Juan & Amparo Limon Lot So. of 1323 Congress BBC 1359 Delfina P. Arriola 1372 E. 7th Street BBC 1360 Daniel Kaufman/Edwin 1855 W. Vine Printemps BBC 1361 Jack Sanchez 1288 N. Crestview 12 4/16/90 BBC 1362 Richard Ruddick 895 W. 2nd Street BBC 1363 CAL-Western Reconveyance 980 N. IIFll Street BBC 1364 Fidel B. Gutierrez 2856 N. Pennsylvania BBC 1365 Wolfgang Klich 1387 w. 10th Street BBC 1366 Jack E. Sinder 1985 W. Baseline BBC 1368 Louise B. Gray 1795 Virginia BBC 1369 Joan B. Squire 5585 Surrey Ln. JOINT POWERS FINANCING AUTHORITY REGULAR MEETING Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the regular meeting of the Joint Powers Financing Authority be adjourned to May 21, 1990. (35) VACATION OF A PORTION OF LUGO AVENUE - NORTH OF 4TH STREET - ADOPTION OF NEGATIVE DECLARATION - FINDING OF CONSISTENCY WITH THE GENERAL PLAN In a memorandum dated March 22, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that the negative declaration for Public Works Project No. 89-47 was recommended for adoption by the Environmental Review Committee. A 21-day public review period was afforded and a letter was received from Frank Tracadas, 463 N. Sierra Way. Mr. Tracadas objected to the proposed vacation, indicating that traffic studies, noise studies and air quality studies need to be completed before the negative declaration could be adopted. (12) An addendum to the initial study was prepared addressing Mr. Tracadas concerns and was brought back before the Environmental Review Committee. The Committee found that the proposed vacation would not have a significant impact on the environment and voted to re-affirm its original recommendation. Frank Tracadas, owner of a commercial business building at 463 North Sierra Way, San Bernardino, spoke in opposition to the proposed vacation of a portion of Lugo Avenue, north of 4th Street. He stated that at the present time he has closed off his exits from Lugo Avenue because of through traffic. If Lugo is closed and made into a cul-de-sac and his business is expanded along the north property line, traffic would have to enter his property to make a u-turn. He requested that Lugo Avenue remain a through street. Roger Hardgrave, Director of Public Works/City Engineer, explained that in the first application, a connector road was proposed between Lugo Avenue out to Sierra Way. However, the applicant, San Bernardino County Employee's Credit Union, was not in agreement with that solution. He stated that the San Bernardino County Employee Credit Union submitted an application proposing that Lugo Avenue be vacated and be made into a cul-de- sac. Mr. Hardgrave gave the background of the events that have occurred regarding this proposed vacation of Lugo Avenue. 13 4/16/90 A discussion ensued regarding the negative declaration and the finding that the vacation of Lugo Avenue is consistent with the General Plan. Larry Sharp, representative of the San Bernardino County Employee's Credit Union, stated that the credit union is requesting the vacation of a portion of Lugo Avenue, which is a one block street between Seccombe Lake Park and 4th Street. He stated that Mr. Tracadas has had his back property fenced off for about eight years and has not had access. He explained that the vacation is important, due to the fact that the San Bernardino County Employee's Credit Union has plans to build a project. The construction of this project would substantially improve the value of Mr. Tracadas property. Following a discussion, Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the finding of consistency with the circulation element of the General Plan and the negative declaration for Public Works Project No. 89-47, vacation of a portion of Lugo Avenue, north of 4th Street, be continued to May 7, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. PROPOSED ASSESSMENT DISTRICT MAINTENANCE OF FRONT YARD SETBACK - IRVINGTON AND CHESTNUT - TENTATIVE TRACT NO. 13307 - AUTHORIZATION TO PROCEED In a memorandum dated March 27, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that he had received a petition requesting the formation of an assessment district for the maintenance of front yard setbacks adjacent to all public streets within Tentative Tract No. 13307. The assessment would include all maintenance costs and related administrative costs. The signatures affixed on the petition have been checked and were found to represent the owners of 100 percent of the area of the property lying within the proposed boundaries of the district to be assessed for the proposed maintenance. (15) Roger Hardgrave, City Engineer, answered questions regarding the approximate cost of the assessment against each property over the years. He also explained how the assessment district program would work for the maintenance of front yard landscaping. A discussion ensued regarding the blight ordinance in effect and how it relates to this proposed assessment district. 14 4/16/90 Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding whether or not any new tracts being developed would be included in the proposed assessment district for front yard setbacks. Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the proposed assessment district for the maintenance of front yard setback be continued to May 7, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. CONSTRUCTION OF SUNSET DRIVE BETWEEN CAROLINE STREET AND REDLANDS BOULEVARD - ADOPT NEGATIVE DECLARATION FINDING OF CONSISTENCY WITH CIRCULATION ELEMENT OF THE GENERAL PLAN In a memorandum dated March 28, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that the proposed project consists of extending Sunset Drive from Caroline Street to Redlands Boulevard and includes a traffic signal at the intersection of Redlands Boulevard and Sunset Drive. (19) Council Member Minor made a motion, seconded by Council Member Estrada, that the negative declaration for Public Works Project No. 90-06, construction of Sunset Drive between Caroline Street and Redlands Boulevard, be approved; and that a finding be made that the construction of Sunset Drive between Caroline Street and Redlands Boulevard, is consistent with the circulation element of the General Plan. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Minor. Noes: Council Maudsley. Absent: Council Member Pope-Ludlam, Miller. Council Member COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE IMPLEMENTATION AND OPERATION OF AN AUTOMATED IDENTIFICATION SYSTEM. (26) A discussion ensued regarding within the county share the identification system. the suggestion that all cities expense for the automated Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the resolution regarding an automated identification system, be continued to May 7, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 15 4/16/90 PUBLIC HEARING VACATION OF THE REMAINDER OF "J" STREET NORTH OF OAK STREET AND SOUTH OF AREA PREVIOUSLY VACATED SOUTH OF LYTLE CREEK CHANNEL This is the time and place set for a public hearing for consideration of the vacation of the remainder of "J" Street, north of Oak Street and south of an area previously vacated south of Lytle Creek Channel. (43) COUNCIL MEMBER MINOR EXCUSED Council Member Minor left the Council meeting. In a memorandum dated March 2 6, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated he had received a request to vacate the remaining portion of "J" Street, north of Oak Street and south of that portion of "J" Street previously vacated. (Resolution 89-181 ordering the vacation was recorded on June 29, 1989). The previous vacated portion lies south of the Lytle Creek Channel and north of Oak Street. The adjacent property owners are in agreement with the vacation of the remaining portion. RES. 90-133 A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF THE REMAINDER OF "J" STREET, NORTH OF OAK STREET AND SOUTH OF THAT PORTION PREVIOUSLY VACATED SOUTH OF THE LYTLE CREEK CHANNEL, IN THE CITY OF SAN BERNARDINO AND RESERVING AN EASEMENT FOR SANITARY SEWER AND APPURTENANT FACILITIES, AND A PUBLIC UTILITY EASEMENT THEREIN. (43) Mayor Holcomb opened the hearing. No protests were received. Council Member Maudsley made a motion, seconded by Council Member Estrada and unanimously carried, that the hearing be closed and the findings of fact as set forth in the staff report from Roger Hardgrave, Director of Public Works/City Engineer, as to why that remaining portion of "J" Street north Oak Street and south of the previously vacated area south of Lytle Creek Channel, is no longer necessary for street purposes, be adopted; and that said resolution be adopted. Resolution No. 90-133 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope- Ludlam. Noes: None. Absent: Council Members Minor, Miller. COUNCIL MEMBER MINOR RETURNED Council Member Minor returned to the Council meeting and took his place at the council table. 16 4/16/90 PROTEST HEARING - NOTICE TO CONSTRUCT CHAPTER 12.92 IMPROVEMENTS This is the time and place set for a protest hearing to consider the construction of Chapter 12.92 improvements. (44) In a memorandum dated March 26, 1990, Roger Hardgrave, Director, Public Works/City Engineer, stated that on March 23, 1990, notices were sent by certified mail to the owners of the properties listed on Exhibit "A" and the properties were posted as required by Chapter 27 and Chapter 12.92, Improvements of Abandoned Driveways. The notices set a hearing date of April 16, 1990. Upon actions at this meeting, the owners must commence construction by May 22, 1990, which is 60 days from the date of giving notice. Otherwise the city will cause the improvements to be installed and the owners will be assessed for the costs therefor over a three year period at seven percent interest per annum on the unpaid balance. Mayor Holcomb opened the hearing. Robyn Telles, Real Property Specialist, stated that parcel number 140-072-21 located on Arrowhead Avenue at 11th Street was misidentified and must be deleted from the list of parcels on Exhibit "Alia Joe Mallot, 1375 North "E" Street, San Bernardino, spoke in opposition to infilling the vacant driveway at 1375 North "E" Street, due to the costs involved in constructing a curb and gutter. Mayor Holcomb pointed out that infilling the vacant driveways adds to the appearance of the City and stated that there is 50% funding available to assist in the construction. Dale Pickert, Simon Equipment, 1897 Mt. Vernon, San Bernardino, spoke in opposition to infilling the driveway and constructing a curb and gutter at 1897 Mt. Vernon. He stated that the driveway in question has been temporarily fenced because of security problems, but he intends to remove the fence, install a security gate and maintain the area as a driveway. Verne Nadeau, Real Property Supervisor, informed the Council that this particular property was involved in the infilling project six years ago and at that time the fence was present. He also answered questions, stating that the listed driveways are entrances to businesses that dead end into a building, fence or stairway, and are potential hazards. 17 4/16/90 V.J. Kohn, owner of property at 1010 North "E" Street, which is leased to G J Auto Sales, spoke in opposition to infilling the driveway. He stated that infilling the driveway would not benefit the business and complained that the estimate given to him from the City was much too high. Verne Nadeau, Real Property Supervisor, explained why the price quoted to Mr. Kohn was high. Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that Parcel No. 140-072- 21 located at Arrowhead Avenue at 11th Street be deleted from the list of parcels; and that Parcel Nos. 140-042-18, located at 1010 "E" Street and 145-211-11, located at 1375 "E" Street be continued to the meeting of May 7, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Council Member Estrada made a motion, seconded by Council Member Minor, that any objections or protests be overruled, the hearing be closed, and find and determine that the public convenience and necessity require the improvement of abandoned driveways and installation of off-site improvements in front of those parcels of land described on Exhibit "A" attached to the staff report from Roger G. Hardgrave, Director of Public Works/City Engineer, dated March 26, 1990, and order the work done (except parcel Nos. 140-072-21, 140-042-18 and 145-211-11); and that the Director of Public Works/City Engineer be directed to cause the installation of said improvements and improvement of abandoned driveways if the property owners have not commenced such construction by May 22, 1990. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Minor, Pope-Ludlam. Council Member Maudsley. Absent: Council Member Miller. Council Noes: RECESS MEETING At 11:05 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, Minor; Senior Assistant City Attorney Barlow, City Clerk Clark, City Administrator Julian. Absent: Council Members Pope-Ludlam, Miller. 18 4/16/90 APPEAL - BOARD OF BUILDING COMMISSIONERS - DEMOLITION OF A STRUCTURE 1424 W. WALNUT KEN HOBART- CONTINUED FROM APRIL 2, 1990 This is the time and place continued to for an appeal filed by Ken Hobart regarding the Board of Building Commissioners' decision to order demolition of a structure located at 1424 West Walnut. (46) 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 the structure at 1424 West Walnut. Larry Reed, Director of Planning/Building Services, referred to his memorandum dated April 16, 1990, regarding inspection of the property located at 1424 West Walnut. He stated that the site is zoned RU (residential urban). However, much of the surrounding area is zoned IH (industrial heavy) and IL (light industrial) . The most appropriate type of zoning, based on proximity to railroads and current land use, would be industrial. The building itself is only 550 square feet and is an outmoded building. To rehabilitate the house would cost approximately $21,000 to $26,000. Therefore, it is recommended that permission not be granted to rehabilitate this house and uphold the order that the owner demolish the building. Mayor Holcomb opened the hearing. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. Steve J. Dunn, 12646 Kalnor Avenue, Norwalk, CA 90650, stated that he has retained power of attorney for the property at 1424 W. Walnut, and explained why he is purchasing the four lots. He gave an estimate of $4,000 to $5,000 to rehabilitate the house and explained his reasons for wanting to rehabilitate. He further elaborated on the history of events which have occurred related to the appeal. A discussion ensued regarding the cost to rehabilitate the house. Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that the hearing be closed, the appeal be denied and the order to demolish the structure at 1424 West Walnut be upheld. 19 4/16/90 APPEAL - BOARD OF BUILDING COMMISSIONERS - BOARD UP AND CLEAN PREMISES - 1432-1446 N. "G" STREET - FRANK AND KATHERINE FOSTER - CONTINUED FROM APRIL 2, 1990 This is the time and place continued to for discussion of an appeal filed by Frank and Katherine Foster regarding the Board of Building Commissioners' decision to board up and clean premises at 1432-1446 North "G" Street. (47) Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the appeal of the Board of Building Commissioners' decision for the board up and cleaning of premises at 1432-1446 North "G" Street be continued to May 7, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. APPEAL - BOARD OF BUILDING COMMISSIONERS - BOARD UP PREMISES - 2926 MIRAMONTE AVENUE - CAROL WILLIAMS This is the time and place set for an appeal of the Board of Building Commissioners' decision to board up premises at 2926 Miramonte Avenue. The appeal was filed by Carol Williams. (48) In a memorandum dated March 29, 1990, Larry Reed, Director of Planning/Building Services, provided a chronological listing of events that occurred regarding the City's abatement at 2926 Miramonte Avenue, which included the costs incurred. City Clerk Clark informed the Council that her office contacted the appellant, Carol Williams, informing her that the appeal was scheduled for Council action on April 16, 1990. Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the hearing be closed; the appeal be denied; that the finding of the Board of Building Commissioners that the City had incurred costs of $1,595.30 for board up and abatement services at 2926 Miramonte Avenue, be confirmed; and that a lien in said amount be placed against the property and as a personal obligation of the owner. APPEAL - BOARD OF BUILDING COMMISSIONERS - ORDERING VACATION OF BUILDING DIRECTING PROPERTY OWNER TO OBTAIN PROPER PERMITS - 718 W. 7TH STREET - BRADFORD HENSCHEL This is the time and place set for consideration of an appeal filed by Bradford Henschel regarding the Board of Building Commissioners' decision to order vacation of building and directing the property owner to obtain the proper permits, including approved plans for rehabilitation of the property at 718 West 7th Street. (49) 20 4/16/90 In a memorandum dated March 29, 1990, Larry Reed, Director of Planning/Building Services, provided a list of chronological events which occurred leading up to the "Stop All Work" notice issued to the property owner. COUNCIL MEMBER MILLER ARRIVED Council Member Miller arrived at the Council meeting and took her place at the council table. Larry Reed, Director of Planning/Building Services, gave the background of the appeal. He stated that it is staff's recommendation to uphold the decision of the Board of Building Commissioners until plans have been submitted and proper permits have been obtained for the proposed rehabilitation work; and that while the rehabilitation work is in progress, no tenants should be allowed to occupy the structure. CITY ATTORNEY PENMAN ARRIVED City Attorney Penman arrived at the Council meeting and replaced Senior Assistant City Attorney Barlow. Bradford Henschel, 2400 Broadway, Suite 510, Santa Monica, CA 90404, stated that he was refused an inspection of electrical work completed at the property at 718 1/2 West 7th Street, which is the house to rear of the property. He also elaborated on the circumstances surrounding his appeal. He requested that the Board of Building Commissioners' findings be modified to allow an inspection of the electrical work completed. Pat Zimmermann, Deputy City Attorney, explained that the appeal does not deal with the second building. The appeal before the Council today concerns the structural work being conducted without permits and the fact that while the structural work was in progress the building was occupied by tenants. She further stated that Mr. Henschel was requested to submit plans for the work being proposed before any structural work can continue. As of today he has not submitted any plans for approval. The Council discussed the testimony presented by Mr. Henschel. Mayor Holcomb stated that without approved plans, no permits can be issued. Therefore, any previous permits issued without approved plans are invalid. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the hearing be closed; that the decision of the Board of Building Commissioners' be upheld, and the appeal be denied. RECESS MEETING At 12:15 p.m., Mayor Holcomb recessed the Regular Meeting of the Mayor and Common Council until 2:00 p.m. 21 4/16/90 RECONVENE MEETING At 2:00 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 by City Clerk Clark with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam; Deputy City Attorney Empeno, City Clerk Clark, City Administrator Julian. Absent: Council Members Estrada, Miller. 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 - CONTINUED FROM APRIL 2, 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. (53) In a memorandum dated February 26, 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. An amended C. U. P. is needed prior to approval of a sign permit advertising the additional U-Haul business. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the hearing be continued to May 7, 1990, at 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, per the request of the appellant. CONDITIONAL USE PERMIT NO. 89-5 - ADAMS ADVERTISING- PERMISSION TO REMOVE BILLBOARD AT 237 EAST 5TH STREET- REPLACE WITH A 42 FOOT BILLBOARD ADJACENT TO I-10 FREEWAY AT 464 EAST REDLANDS BOULEVARD - CONTINUED FROM FEBRUARY 19, 1990 This is the time and place continued to for consideration of a request filed by Adams Advertising to remove a billboard at 237 East Fifth Street and replace it with a 42 foot billboard adjacent to Interstate 10 freeway at 464 East Redlands Boulevard. (54) 22 4/16/90 Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the hearing for Conditional Use Permit No. 89-5 be continued to June 18, 1990, at 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, per the request of the appellant. APPEAL - CONDITIONS OF APPROVAL FOR PARCEL MAP NO. 13158 - HIGHLAND AVENUE LUTHERAN CHURCH - REQUIREMENTS FOR UNDERGROUNDING UTILITIES AND CONSTRUCTING STREET LIGHTS This is the time and place set for an appeal of certain conditions of approval for Parcel Map No. 13158, filed by Jack Strickler on behalf of the Highland Avenue Lutheran Church, regarding requirements for undergrounding utilities and constructing street lights. (55) Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the appeal of certain conditions of approval for Parcel Map No. 13158 by Highland Avenue Lutheran Church, be continued to July 2, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 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. (Continued from April 2, 1990) (36) Mayor Holcomb instructed the Real Property Division to contact the property owners for possible annexation. Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution approving that the Board of Water Commissioners provide water service outside the corporate city limits, be continued to May 7, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California; and that the Real Property Division be instructed to contact the property owners regarding the possible annexation. RES. 90-134 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BUS TOP SHELTERS, INC., A CALIFORNIA CORPORATION, BY THE MAYOR OF THE CITY OF SAN BERNARDINO ON BEHALF OF SAID CITY. (37) Mr. Tony Ingegneri of Bustop Shelters, Inc., answered questions regarding the maintenance of the bustop shelters. He gave examples of how the maintenance service program operates. 23 4/16/90 A discussion ensued regarding the trash that accumulates at bus stop stations. Marshall regarding the stop stations. Julian, City Administrator, answered questions responsibility for the refuse pickup at the bus Council Member Maudsley made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 90-134 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope- Ludlam. Noes: None. Absent: Council Members Estrada, Miller. COUNCIL MEMBER ESTRADA RETURNED At 2:15 p.m., Council Member Estrada returned to the Council meeting and took her place at the council table. RES. 90-135 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE CALIFORNIA FIRE FIGHTER JOINT APPRENTICESHIP COMMITTEE FOR FIRE TRAINING SERVICES. (38) Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 90-135 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Member Miller. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 5.76.060, SUBSECTIONS B(3) AND B(4), OF THE SAN BERNARDINO MUNICIPAL CODE PROVIDING STANDARDS FOR THE ISSUANCE OF AMBULANCE AND WHEELCHAIR PASSENGER TRANSPORTATION VEHICLE PERMITS. (42) Council Member Minor made a motion, seconded by Council Member Estrada and unanimously carried, that said ordinance be continued to the meeting of May 21, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member pope-Ludlam returned to the Council meeting and took her place at the council table. 24 4/16/90 PUBLIC HEARING - SETTING AND COLLECTION OF EMERGENCY MEDICAL SERVICES FEES This is the time and place set for a public consider the adoption of a resolution and ordinance collection fees for emergency medical services. hearing to setting the (45) In a memorandum dated November 17, 1989, the Fire Department outlined the justification for charging an "Emergency Medical Service Fee" 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. A RESOLUTION OF THE CITY OF SAN BERNARDINO SETTING CERTAIN FEES FOR EMERGENCY MEDICAL SERVICES. (45) ORDINANCE OF THE CITY OF SAN BERNARDINO TO AUTHORIZE THE COLLECTION OF FEES FOR EMERGENCY MEDICAL SERVICES. (45) Mayor Holcomb opened the hearing. Gerald M. Newcombe, Acting Fire Chief, stated that emergency medical calls are increasing by nine percent a year. Initially the Fire Department was able to provide this service at relatively low costs, but over the years the emergency medical program has expanded, the cost of equipment has increased, and more medical equipment is required to provide advanced life support services. Acting Fire Chief Newcombe answered questions regarding the proposed emergency medical service fees being covered by Medicare and other private medical insurance companies. He also answered questions regarding the process for collecting the fees. Nancy Minor, Office on Aging in San Bernardino County, emphasized that this emergency medical fee would have a tremendous impact on the senior citizens because of their fixed income. She also stated that most seniors are on Medicare and this fee may not be covered. Gerald Newcombe, Acting Fire Chief, estimated the average cost to be $199.88 per call. He stated that the proposed fee was based on an average fee to determine a set fee. The proposed charge for emergency medical services is $130 to city residents and $180 for a non-residents. Council Member Maudsley made a motion, seconded by Council Member Reilly, that said resolution be adopted; and the ordinance be laid over for final passage. The motion failed by Members Estrada, Reilly, Flores, Minor, pope-Ludlam. the following vote: Ayes: Council Maudsley. Noes: Council Members Absent: Council Member Miller. 25 4/16/90 A discussion ensued regarding the proposed emergency medical service fee and the effects it will have on the users who cannot afford it. Mayor Holcomb stressed to the Council the need for this fee and informed them that the budget is in a short fall. He further stated that to maintain the current level of service provided, the City must establish approximately $5 million in new revenue. He also pointed out that the City has been providing substantial paramedic services to the unincorporated areas. Following discussion, Council Member Reilly made a motion, seconded by Council Member Maudsley, to reconsider the resolution and ordinance imposing a charge for emergency medical service. The motion failed by Members Reilly, Maudsley. Flores, Minor, Pope-Ludlam. the following vote: Ayes: Council Noes: Council Members Estrada, Absent: Council Member Miller. SEWER WAIVER REQUEST NO. 90-2 - WAIVER OF CONDITION TO CONNECT TO SEWER SYSTEM - TWO PARCELS LOCATED ON THE SOUTHERLY SIDE OF ARROWHEAD ROAD - EASTERLY OF WATERMAN AVENUE - JOHN POWERS In a memorandum dated March 27, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that the new owner, John Powers, intends to build one single-family house on each parcel which do not have existing septic tanks. Mr. Hardgrave described two alternate locations for the sewer connection: one at 49th and Waterman Avenue, and the second is north of Waterman Avenue, to a proposed easement, then easterly to the southerly edge of the parcels. The first alternative location would require considerable filling. The second alternative appears to be practical. Ordinance MC-663, Section B-1, allows the Mayor and Council to approve a sewer connection waiver when a proposed single family development is on a lot larger than 1/2 acre and a natural obstruction prevents the practical extension of the sewer system to the project. Staff does not feel the subject properties qualify for a waiver under this criteria and recommend denial. (50) John Powers, 750 East Arrowhead Road, San Bernardino, gave the background of his request for a sewer waiver to connect to the City's sewer system. He referred to a previous request to waive the sewer connection fees for the property located at 435 Arrowhead Road in which the waiver was granted. He also answered questions of the Council. Roger Hardgrave, City Engineer, explained recommendation for the sewer waiver for these two parcels it differs from the previous request for a sewer waiver. answered questions regarding the number of lots in this septic tanks that might also come before the Council for waiver. staff's and how He also area on a sewer 26 4/16/90 Senior Assistant City Attorney Barlow pointed out that a street or highway is not a natural obstruction so the Council does not have to approve a sewer connection waiver. However, if the Council desires, staff may amend the ordinance and allow a city street or highway to be considered as a natural obstruction which would give the Council authority to grant the sewer waiver. It was recommended that guidelines be established indicating how many property lots and how many homes can be build in this area that might require sewer service and that a proration be considered for future requirements. Roger Hardgrave answered questions regarding possibly obtaining an easement through adjacent property owned by the County Flood Control south of the proposed sewer to reduce the costs. He stated that the County Flood Control sells easements at market value. It was recommended that the Public Works Director be directed to develop a equitable formula for this property to pay his fair share for building the sewer and allow temporary use of the septic tanks until full funding can be obtained for the extending sewer line. Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the request for a waiver of sewer connection fees be continued to May 7, 1990, and the City Engineer was instructed to come back with a recommended solution for this request. CITY OF HIGHLAND - TO COVER COST OF ATLANTIC AVENUE TO CHANNEL In a memorandum dated April 3, 1990, Roger Hardgrave, Director of Public Works/City Engineer, explained the engineering provisions included in the proposed Storm Drain Master Plan. He stated that Caltrans agreed to include this storm drain in their contract for the freeway, if the funds can be provided to finance the estimated cost of $ll9,000. At the Council meeting of September 2l, 1987, the recommendation from the Ways and Means Committee that the City participate in the amount of $ll9,000 was approved. An amount of $ll9,000 was approved in the 1988/89 Storm Drain Construction Fund Budget under Account No. 248-368- 57826. (51) REQUEST FOR UPFRONTING OF $63,617- ACQUISITION OF STORM DRAIN FROM HIGHLAND AVENUE FOR SMALL CANYON In a letter, David Barakian, City Engineer, City of Highland, stated that the City of Highland does not presently have sufficient funds to finance the acquisition of the necessary right-of-way. Mr. Barakian proposed that the City of San Bernardino upfront the funds for acquisition of the right-of-way. 27 4/16/90 The City of Highland has adopted Storm Drain Development Impact Fees, which would provide a revenue stream to repay the funds advanced. Mayor Holcomb stated that the City of Highland has requested that the City of San Bernardino advance on their behalf $63,617 to cover the cost of the acquisition of the right-of-way. Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding the effect the Patton Park project would have if the funds were advanced for the storm drain. He also stated that there should be a time limit set for reimbursement of the funds. A discussion ensued regarding requlrlng a timely payback provision with interest in the agreement. Roger Hardgrave also answered questions regarding the time frame for the Patton Park golf course project. Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that the request from the City of Highland for $63,167 to be up fronted to cover the acquisition cost for a 48-inch storm drain from Atlantic Avenue to Highland Avenue for Small Canyon Channel, be approved; the Director of Public Works/City Engineer be directed to negotiate an appropriate cooperative agreement; and that the request be granted subject to the City Engineer negotiating a payment agreement that would require interest and payback in time for construction of the Patton storm drain project. Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that the transfer of $63,617, from Account No. 248-368-57822, "M P Drain 6-22, N/O Patton Hospital," to Account No. 248-368-57840, "R-O-W costs, 48- inch storm drain for Small Canyon Channel, be approved. FORECAST CORPORATION PARTICIPATION IN COST OF CONSTRUCTING MASTER PLAN STORM DRAIN 7-B18 IN "H" STREET FROM LITTLE MOUNTAIN BASIN TO TRACT NO. 13554 In a memorandum dated April 3, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that a hearing was held at the Council meeting of September 18, 1989, regarding the Planning Commission's decision to require an environmental impact report for Tentative Tract No. 13554. This appeal was upheld subject to certain conditions, one of which concerned the construction of storm drains, expanded to include: 56th Street to Little Mountain debris basis along "H" Street; from "H: Street to "I" Street along Northpark Boulevard; and along "F" Street. 28 4/16/90 Mr. Hardgrave further explained details of the planned storm drains. Nine bids were received by Forecast Corporation. Forecast Corporation is requesting that an amount, equivalent to the storm drain fees paid, be allocated as the City's participation in the cost of constructing this storm drain system. (52) Roger Hardgrave, City Engineer, answered questions regarding the estimated amount that would be reimbursed from the storm drain fees. He stated that Forecast Corporation is asking that the $294,580 paid from fees be used to help construct the storm drain. Roger Hardgrave explained that the low bid by Bonadiman- McCain was $922.069.24. Forecast is asking that the storm drain fees required by resolution be applied back toward the cost of the storm drain to in fact reimburse Forecast for their cost. This would reduce the expenditure for the storm drain work from $922,060.24 to $627,489.24. He also recommended that Council approve the oversized pipe instead of the pipe size recommended in the Storm Drain Master Plan. Chris Faber, Forecast Corporation, stated that the total cost of the storm drain is approximately $922,060.24. Approximately $294,580 in storm drain fees is to be collected. He also answered questions regarding the use of the oversized piping and explained why it should be used. A discussion ensued regarding the requirements of the Master Plan Storm Drain. Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the request from the Forecast Corporation, that the City participate in the cost of installing Master Plan Storm Drain 7-B18 in "H" Street, from Little Mountain Basin to Northpark Boulevard, and other required storm drain improvements, to the extent of the storm drain fees paid by Tract No. 13554, ($294,580), be approved, subject to the execution of an agreement to provide that the City's participation be allocated in equal amount in the 1990/91 and 1991/92 Storm Drain Construction Fund Budget and paid as storm drain fees are collected; and that the bid for oversizing be accepted. RES. 90-136 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ISSUE BONDS SECURED BY A SPECIAL TAX TO FINANCE CERTAIN FACILITIES OF CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 995. (Verdemont Area) (S-4) Mayor Holcomb opened the hearing. 29 4/16/90 Roger Hardgrave, Director of Public Works/City Engineer, stated that the developers are requesting that their developments be allowed to join the Mello-Roos Community Facilities District in order to help finance the $7,000 infrastructure fees. John MCAllister, Prudential Bache, stated that an assessment tax would be levied on each parcel. If the homes are not built, such a tax will stay in existence. Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted, subject to the approval of the independent bond counsel and independent financial analysis. Resolution No. 90-136 was adopted by the following vote: Ayes: Council Member Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Member Miller. RES. 90-137 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH PRUDENTIAL-BACHE SECURITIES, INC., FOR UNDERWRITER SERVICES FOR THE VERDEMONT AREA COMMUNITY FACILITIES DISTRICT, ASSESSMENT DISTRICT NO. 995. (39) RES. 90-138 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ORRICK, HERRINGTON & SUTCLIFFE RELATING TO PROVIDING BOND COUNSEL SERVICES FOR THE VERDEMONT AREA COMMUNITY FACILITIES DISTRICT, ASSESSMENT DISTRICT NO. 995. (40) RES. 90-139 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH DAVID TAUSSIG AND ASSOCIATES, INC. , FOR SPECIAL TAX CONSULTANT SERVICES FOR THE VERDEMONT AREA COMMUNITY FACILITIES DISTRICT NO. 995. (41) Council Member Minor made a motion, seconded by Council Member Reilly, that said resolutions be adopted. Resolution Nos. 90-137, 90-138 and 90-139 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Member Miller. COUNCIL MEMBERS ESTRADA AND POPE-LUDLAM EXCUSED Council Members Estrada and Pope-Ludlam left the Council meeting. 30 4/16/90 RES. 90-140 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO LEVY A SPECIAL TAX TO PAY FOR CERTAIN PUBLIC FACILITIES IN AND FOR SUCH FACILITIES DISTRICT. (S-3) Council Member Minor made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 90-140 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor. Noes: None. Absent: Council Members Estrada, Pope-Ludlam, Miller. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council meeting and took her place at the council table. INCREASE IN JOHN HANCOCK EMPLOYEE'S DENTAL AND VISION PLAN In a memorandum dated April 11, 1990, Gordon Johnson, Personnel Director, reported that the City offers its employees a self-insured vision and dental plan with claims administration provided by John Hancock. Each May during open enrollment, employees select between this plan, the Denticare (Mission Dental) Plan, PMI vision plan, or no vision or dental plans for the succeeding year starting August 1. A letter from John DeLong of John Hancock recommended that our rates for the year beginning August 1, 1990, be increased by 15 percent to reflect anticipated increases in the costs of providing those services. (S-l) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the following monthly rates for John Hancock's employee dental and vision plan be set effective August 1, 1990, through July 31, 1991: Single Employee + 1 Employee + family $22.43 $48.99 $67.85 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTERS 15.04 AND 15.74 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO BUILDING WITHOUT A BUILDING PERMIT AND CONTINUING WORK AFTER THE ISSUANCE OF A STOP WORK ORDER. (FIRST) (S-2) Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that said ordinance be laid over for final passage. 31 4/16/90 UTILIZATION OF CITY FORCES, EQUIPMENT AND POLICE PERSONNEL - INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE - CINCO DE MAYO FIESTA AT NUNEZ PARK In a memorandum dated April 11, 1990, Annie Ramos, Director of Parks, Recreation and Community Services, stated that the Inland Empire Hispanic Chamber of Commerce has requested the use of Nunez Park for their annual Cinco de Mayo Fiesta. The Chamber estimates that approximately 50,000 local area citizens attended the three-day fiesta in 1989. The use of Nunez Park requires that equipment such as picnic tables, trash cans, bleachers, barricades and other various related items be added to the park. All this requires the use of City forces, and includes additional man hours of the Police Department. The Chamber has requested that the fees and manpower costs incurred by the City be waived. (S-6) Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that utilization of City crews and equipment and City police personnel for assisting the Inland Empire Hispanic Chamber of Commerce in their Cinco de Mayo Fiesta at Nunez Park be authorized; and that the expenses incurred by the use of City forces and equipment and Police Department personnel in providing assistance to the Inland Empire Hispanic Chamber of Commerce for the Cinco de Mayo Fiesta at Nunez Park be waived. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY REGULAR MEETING At 4:05 p.m., 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. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A JOINT DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, THE CITY OF SAN BERNARDINO, CALIFORNIA AND DUKES-DUKES & ASSOCIATES, INC. , A CALIFORNIA CORPORATION REGARDING ORANGEWOOD ESTATES FOR THE CITY. (RS-2) Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be continued to April 19, 1990, at 9:30 a.m., in the Management Information Center (MIC) room, Sixth Floor, 300 North "D" Street, San Bernardino, California. 32 4/16/90 MAYOR HOLCOMB EXCUSED Mayor Holcomb announced that he would disqualify himself from discussion on item S-5 because of a conflict of interest. Council Member Minor assumed the duties of Mayor Pro Tempore. RECESS MEETING At 4:40 p.m. Mayor Pro Tempore Minor declared a ten-minute recess. RECONVENE MEETING At 4:50 p.m., Mayor Pro Tempore Minor 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 Pro Tempore Minor; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Mayor Holcomb; Council Members Estrada, Miller. RES. 90-141 - RESOLUTION OF THE CITY OF SAN BERNARDINO, CALIFORNIA URGING THE CONGRESS OF THE UNITED STATES TO REVISE THE CABLE COMMUNICATIONS POLICY ACT OF 1984. (S-5) Bob Traister, District Manager, GTE, 1796 North "I" Street, San Bernardino, sought support from Council members for an endorsement of the pending resolution revising the Cable Communications Policy Act of 1984. He gave the history of General Telephone's involvement in the City of San Bernardino and the background of the corporate sponsorships General Telephone has given to the City. He also explained why GTE is seeking the Council's endorsement of this resolution, which would provide competition to the cable television industry. Michael McDonald, General Manager, Comcast Cablevision, expressed concern regarding some of the wording in the proposed resolution. He stated that he has no problem with competition in cable service as long as it is done on a fair and equitable basis. Mr. McDonald pointed out his concerns related to the wording in the resolution as he sees mixed signals as to what is being sent to Congress. Mr. McDonald emphasized that there be effective regulations and standards the City can enforce and that it be done in the best interest of the consumer. Mr. McDonald answered questions of the Council regarding the new technology competition. A discussion ensued regarding the pros and cons of switching to the fiber optic network. 33 4/16/90 Stephanie Congdon, member of the Community Television Commission, 3678 Hemlock Drive, San Bernardino, spoke in support of the resolution. However, she expressed concern regarding the City losing its regulatory powers. Bob Helliard, opposition to the answered questions consumers. Chambers language regarding Cable, San Bernardino, spoke in the proposed resolution the cable service provided to in and the City Attorney received complaints residents. Penman pointed out that the City has regarding the cable service provided to city A discussion ensued regarding the City auditing the various cable companies. Stephanie Congdon answered questions regarding the audits of the various cable providers in the City of San Bernardino. She also stated that the Community Television Commission is currently rewriting an ordinance to give the Commission the authority to provide better consumer protection. Dean Gray, questions regarding audit their books. this resolution. Director of Telecommunications, answered Chambers Cable's refusal to allow the City He further stated that staff does endorse Chuck Zavello, District Manager, General Telephone, 44616 Buckingham, Indio, spoke in support of the proposed resolution and stated that a similar resolution was adopted by the Conference of Mayors, the National League of Cities, and the National Conference of Black Mayors. Earl Stadler, 1056 Myrtle Drive, San Bernardino, spoke in support of the resolution and urged the Council's support, as competition is very much needed in the City of San Bernardino. Council Member Maudsley made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution Ayes: Council Ludlam. Noes: No. 90-141 was adopted by the following vote: Members Reilly, Flores, Maudsley, Minor, Pope- None. Absent: Council Members Estrada, Miller. 34 4/16/90 ADJOURNMENT At 5:45 p.m., Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the Mayor and Common Council and Community Development Commission of the City of San Bernardino adjourn to 9:30 a.m., Thursday, April 19, 1990, in the Management Information Center (MIC) room, Sixth Floor, 300 North "D" Street, San Bernardino, California. (56) SHAUNA CLARK City Clerk By ;!andh/l) fflJ2dL;;aJ Deputy City Clerk No. of Items: 72 No. of Hours: 7.5 35 4/16/90