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HomeMy WebLinkAbout05-21-1990 Minutes City of San Bernardino, California May 21, 1990 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 8:30 a.m., Monday, May 21, 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, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Council Members Estrada, Pope-Ludlam. RECESS MEETING - CLOSED SESSION At 8:30 a.m. the Mayor and Common Council and Development Commission recessed to closed session following: (1 & Community for the S-8) 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)(I), 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 5/21/90 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 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 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 Dudley Brewster. et al vs. Southern Pacific Railroad. et al - San Bernardino Superior Court Case No. 249736; Save San Bernardino vs. City of San Bernardino San Bernardino Superior Court Case No. 250425; C.F.B. Investments. Ltd. vs. City of San Bernardino - United States District Court - Case No. SA CV89-862 JSC (RWRx); Gradv vs. City of San Bernardino - San Bernardino Superior Court Case No. 243287; Southern Pacific Transportation Company. et al vs. Citv 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; Harris vs. City of San Bernardino - United States District Court - Case No. CV87-04882 (JSL); Valenzuela vs. Citv of San Bernardino Superior Court Case No. 242137; City of Redlands vs. Inland Valley Development Aoency, et al - San Bernardino Superior Court Case No. 255222; San Bernardino Dolores Wilson vs. City of San Bernardino - San Bernardino Superior Court Case No. 252224; 2 5/21/90 Citv of San Bernardino vs. San Bernardino Vallev Water Conservation District - San Bernardino Superior Court Case No. 231454; City of San Bernardino vs. Henry Voss. et al - San Bernardino Superior Court Case No. 250949; Haslam vs. Citv of San Bernardino. et al San Bernardino Superior Court Case No. 250949. CLOSED SESSION At 8:30 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, Miller; City Attorney Penman, City Administrator Julian. Absent: Council Members Estrada, Pope-Ludlam, City Clerk Clark. Also present were: James Robbins, Deputy City Administrator; Robert Temple, Acting Executive Director, Redevelopment Agency; Margaret Scroggin, Adminis tra ti ve Operations Supervisor, Attorney's Office; Sr. Assistant City Attorney Barlow; 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 ESTRADA ARRIVED At 8:40 a.m., Council Member Estrada arrived at the closed session. COUNCIL MEMBER At 8:45 a.m., closed session. POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the ADJOURN CLOSED SESSION At 9: 30 a. m., the closed session adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 9: 30 a. m., Mayor Holcomb reconvened the Regular Meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 3 5/21/90 ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, City Clerk Clark, City Administrator Julian. Absent: None. INVOCATION The invocation was given by Father Peter Covas of the Holy Rosary Cathedral. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Minor. PUBLIC COMMENT - JOHN GARDNER - MALATHION SPRAYING John Gardner, Assistant Director of Agriculture, County of San Bernardino, gave an update on the malathion spraying and informed the Council on the type and number of complaints received from the residents of San Bernardino. (3) PUBLIC COMMENT - DR. PETER KURTZ - MALATHION SPRAYING Dr. Peter Kurtz, State of California, Senior Medical Toxicologist, Department of Food and Agriculture, gave information on how long malathion has been in existence and the known effects of malathion. (3) PUBLIC COMMENT BRETT WILSIMERE ALLEGED POLICE BRUTALITY Brett Wilsimere, 547 Acacia, Crestline, spoke on behalf of 42 people involved in a demonstration on May 12, 1990 at the Family Planning Associates Center located at 165 West Hospitality Lane, San Bernardino. He complained that the Police Department used unnecessary and excessive force and brutal attacks to the protesters. He expressed concern over the first amendment rights being violated by the Police Department. He requested that an investigation of the Police Department be conducted by a non-police agency. (3) PUBLIC COMMENT - ED BUTTERWORTH - FEDCO Ed Butterworth of Fedco, spoke regarding the requested by Walmart to come into San Bernardino. the Council consider subsidizing the sales tax for do so for Walmart. subsidies being He asked that Fedco if they (3 ) PUBLIC COMMENT - JOHN LIGHTBURN - BUSINESS LICENSE John Lightburn, 149 West 6th Street, San Bernardino, expressed concern regarding City business licenses. He suggested that the Sun's independent contractors be licensed and also suggested that vendors, consultants and attorneys be licensed. He referred to a letter dated May 9, 1990 to the City Clerk's Office in which he addresses these suggestions. (3) 4 5/21/90 PUBLIC COMMENT - JAMES PENMAN, CITY ATTORNEY - ALLEGED POLICE BRUTALITY City Attorney Penman spoke on behalf of the Police Department. He explained that the pro-life protestors which claim alleged Police brutality on May 12, 1990, were blocking the entrance to the Family Planning Associates Center at 165 West Hospitality Lane, San Bernardino. He stated that the charges will be investigated. (3) COMMENDATION - DR. ERNEST GARCIA Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending Dr. Ernest Garcia as being the first hispanic to graduate from the University of Riverside and for his outstanding commitment in the field of education. (4) Dr. Garcia and his wife were present to accept the resolution of commendation from Mayor Holcomb. COMMENDATION - OFFICER RAMON ROCHA Lorraine Velarde, Executive Assistant to the Mayor, read a resolution of commendation to Officer Ramon Rocha for being selected as Officer of the Year, for his outstanding performance in the Police Department and for his wonderful work as instructor for the D.A.R.E. program. (4) Officer Ramon Rocha was present to accept the resolution of commendation from Mayor Holcomb. PRESENTATION MARY IRVING COMMUNITY HOUSING RESOURCE BOARD Mary Irving, Executive Director of the Community Housing Resource Board, stated that the Community Housing Resource Board oversees the Housing Education Program for the County of San Bernardino. Ms. Irving announced that Council Member Pope-Ludlam is the recipient for the 1990 Fair Housing Award. (4) Council Member Pope-Ludlam was present to accept the Fair Housing Award poster from Ms. Irving. PRESENTATION CERTIFICATE OF MERIT LOMA PRIETA EARTHQUAKE Lorraine Velarde, Executive Assistant to the Mayor, read the certificates of merit to Mark Young and Joseph Lease for extraordinary service in support of the earthquake response and recovery operation. (4 ) Mr. Young and Mr. Lease were present to accept the certificates of merit from Mayor Holcomb. SERVICE PIN AWARD CEREMONY Lorraine Velarde, Executive Assistant to the names of employees receiving service pin awards. Mayor, read the (5) 5 5/21/90 Each employee received a service pin from Mayor Holcomb in gratitude of his/her many years of dedicated service to the City. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. APPOINTMENT GARY STAFFORD COMMISSION In a memorandum dated May recommended the appointment of Mr. Road, to the Community Television Council Member Tom Minor. COMMUNITY TELEVISION 18, 1990, Mayor Holcomb Gary Stafford, 3717 Meyers Commission, as requested by ( 4) Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, to approve the appointment of Gary L. Stafford to the Community Television Commission as requested by Council Member Tom Minor. WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas be waived. (6) SR. Sr. replaced ASSISTANT CITY ATTORNEY BARLOW EXCUSED Assistant City Attorney Barlow was by City Attorney Penman. excused and was COUNCIL MINUTES - APRIL 11, 1990 - MAY 14, 1990 Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the minutes of the meetings of the Mayor and Common Council of the City of San Bernardino held on April 11, 1990, and May 14, 1990, be approved as submitted in typewritten form. (7) ALLOCATION OF CDBG FUNDS - $49,300 - FOR REHABILITATION OF FIRE STATION ROOFS AT 1640 KENDALL DRIVE, STATION NO.5; 1920 DEL ROSA AVENUE, STATION NO.6; 282 W. 40TH STREET, STATION NO.7; & 502 S. ARROWHEAD AVENUE, STATION NO. 10 In a memorandum dated May 10, 1990, Ken Henderson, Community Development Director, reported that on April 24, 1990, the City Fire Department submitted a proposal for financial assistance for the rehabilitation of the roofs at four fire stations located throughout the City identified as fire stations numbered 5, 6, 7, and 10. The roofs for said stations are in need of repair and are constantly leaking during rainy weather. Without repair of the fire station roofs, one or more fire stations might have to be closed during inclement weather. The Community Development Citizen Advisory Committee recommended ap~roval of financial assistance, which will come from the FY 1989/90 CDBG appropriated reserve account. (9) 6 5/21/90 Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, to approve CDBG funding in the amount of $49,300 to finance the rehabilitation of fire station roofs to eliminate further damage to the interior of the buildings located at 1640 Kendall Drive, Station No.5; 1920 Del Rosa Avenue, Station No.6; 282 W. 40th Street, Station No.7; and 502 S. Arrowhead Avenue, Station No. 10. ESTABLISH ONE POSITION OF RECREATION PROGRAM COORDINATOR - PARKS, RECREATION & COMMUNITY SERVICES In a memorandum dated May 7, 1990, Gordon Johnson, Personnel Director, stated that he received a request from Annie Ramos, Director, Parks, Recreation and Community Services, for a job audit on the existing position of Recreation Specialist located at the Belvedere Elementary School Extended Day Care Program. The results of the study indicate that the Recreation Specialist position corresponds to the duties of the Recreation Program Coordinator classification. The Council Personnel Committee reviewed this request and recommended full Council approval. ( 11) Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that one position of Recreation Program Coordinator be established in the Parks, Recreation and Community Services Department at salary range 1074 ($1505 $1833/mo.); and that the Director of Personnel be directed to prepare a resolution updating Resolution 6433. AMEND BOUNDARIES OF ASSESSMENT DISTRICT NO. 981- MERIDIAN & RANDALL AREA LANDSCAPE MAINTENANCE DISTRICT -AUTHORIZATION TO PROCEED In a memorandum dated April 26, 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 the major streets which border Tentative Tract No. 13656. This proposed subdivision adjoins the boundaries of Assessment District No. 981 which is already established for the same purposes and it is the purpose of this action to amend the boundaries of the district by expanding same to include the new tract. The signatures on the petition were found to represent the owners of 100 percent of the area of the property lying within the proposed expanded area. (12) Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the City Engineer and City Clerk be authorized to proceed with the expansion of boundaries of Assessment District No. 981 (Meridian and Randall Area Landscape Maintenance District) under the provisions of Chapter 12.90.060 of the San Bernardino Municipal Code and Section 3113 of the Streets and Highways Code of the State of California. 7 5/21/90 PLAN APPROVAL FOR PROPOSED VACATION OF EAST/WEST ALLEY BETWEEN GUTHRIE STREET AND MCKINLEY STREET, NORTH OF ROCA STREET - AUTHORIZATION TO PROCEED In a memorandum dated May 2, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that he had received a request from Frank E. Schnetz, representing the owners of the majority of the property affected by the proposed vacation of the east/west alley between Guthrie Street and McKinley Street, north of Roca Street. The vacation of this alley is necessary for the development of a full security apartment complex (Conditional Use Permit No. 90-18). This will limit public access through the development and to the rear of the adjoining properties. Hopefully, the vacation will help reduce the existing blight and crime prevalent in the area. (13) Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the proposed vacation of an east/west alley between Guthrie Street and McKinley Street, north of Roca Street; and that Plan No. 8129, showing the proposed vacation of an east/west alley between Guthrie Street and McKinley Street, north of Roca Street, be approved. NORTH "H" STREET AREA LANDSCAPE MAINTENANCE DISTRICT- AUTHORIZATION TO PROCEED In a memorandum dated April 25, 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 the San Bernardino County Flood Control Channel which borders Tract No. 13554 on the north and along both sides of "H" Street generally north of 53rd Street. This petition is the result of a requirement by the City for the developer to establish the district. The assessment will include maintenance of landscaping, energy costs, and administrative costs. The signatures on the petition 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. (14) Council Member Minor made a motion, seconded by Council Member Miller 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 along the San Bernardino County Flood Control Channel bordering Tract No. 13554 on the north and along both sides of "H" Street generally north of 53rd Street in the City of San Bernardino. 8 5/21/90 INSTALLATION OF STREET LIGHTS ON SOUTH "E" STREET, MILL STREET TO ORANGE SHOW ROAD; AND WATERMAN AVENUE, CENTRAL TO SANTA ANA RIVER - STEINY & CO. - CHANGE ORDER NO. ONE - AUTHORIZE EXTRA WORK BY CONTRACTOR DUE TO UNKNOWN UNDERGROUND OBSTRUCTIONS - CONTRACT INCREASE OF $12,587.68 In a memorandum dated April 27, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that the contract with Steiny and Company, Inc. for installation of street lights on South "E" Street, required the contractor to bore new electrical conduits beneath existing sidewalks and streets. During construction, numerous man-made obstacles were encountered beneath the surface, which included old concrete slabs, curb and gutter, vaults and existing street structure sections. The work was satisfactorily completed as of April 11, 1990. The contract was awarded to the low bid price of $169,283.00 Change Order No. One would increase the price to $181,870.68, which is the actual final contract price. (16) Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that Change Order No. One to the contract with Steiny and Company, Inc., for the installation of street lights on South "E" Street, from Mill Street to Orange Show Road, and on Waterman Avenue, from Central Avenue to the Santa Ana River, in accordance with Plan No. 7802, be approved; authorize the contractor to do extra work caused by unknown, underground obstructions, for an increase in contract price of $12,587.68, from $169,283.00 to $181,870.68; and that the work performed by the contractor be approved and accepted; and that final payment be authorized at the expiration of the lien period. CLAIMS AND PAYROLL Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the claims and payrolls, and the authorization to issue warrants as listed on the memorandum dated May 15, 1990, from the Director of Finance, be approved. (17) RES. 90-171 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT AND IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES. (1065 W. 7TH ST., 680 W. 11TH ST., 881 W. 17TH ST., 172 E. ALEXANDER, 1795 N. COLORADO, 3251 N. DEL ROSA, 1108 N. "F" ST., 588 S. GIFFORD, 748- 750 N. "I" ST., 5210 LEROY, 2926 MIRAMONTE AVENUE, 146 S. WATERMAN. (BUILDING ABATEMENT) (20) 9 5/21/90 RES. 90-172 - RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES (ABANDONED VEHICLES) ON SAID PROPERTIES. (21) RES. 90-173 - 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 SAN BERNARDINO COUNTY OFFICE ON AGING FOR THE SENIOR NUTRITION PROGRAM FOR THE PERIOD OF JULY 1, 1990 THROUGH JUNE 29, 1991. (22) RES. 90-174 A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF 5TH STREET BETWEEN DALLAS AVENUE AND MERIDIAN AVENUE, AND RESERVING AN EASEMENT FOR SANITARY SEWER AND APPURTENANT FACILITIES THEREIN. (25) RES. 90-175 A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO AGREEMENT WITH THE DIOCESE OF SAN BERNARDINO EDUCATION AND WELFARE CORPORATION RELATING TO EXTENDING THE USE BY CITY OF CERTAIN PROPERTY FOR PUBLIC RECREATIONAL PURPOSES, IN SAN BERNARDINO. (27) Council Member Minor made a motion, seconded by Council Member Miller, that said resolutions be adopted. Resolution Nos. 90-171, 90-172, 90-173, 90-174 and 90-175 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member pope-Ludlam. JOINT POWERS FINANCING AUTHORITY REGULAR MEETING Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the regular meeting of the Joint Powers Financing Authority be adjourned to June 18, 1990. (28) ORDERS OF THE BOARD OF BUILDING COMMISSIONERS' MEETINGS OF APRIL 6, 1990 AND MAY 4, 1990 Council Member Minor made a motion, Member Miller and unanimously carried, that be filed. seconded by Council the following orders (29) BBC 13 71 BBC 1372 BBC 1373 Leonardo & Olga Jimenez Kenneth & Linda Edenfield Dorry H. Plotkin 838 San Jacinto 172 E. Alexander 588 S. Gifford 10 5/21/90 BBC 1374 BBC 1375 BBC 1376 BBC 1378 BBC 1379 BBC 1380 BBC 1381 Doris F. Hamre Juan J. Tejeda Mr. & Mrs. Hodge John Hardt Mr. Benjamin Zarate Jim L. Currie Renee Yvonne Day 5210 Leroy 1065 w. 7th St. 1795 N. Colorado 845 N. Mayfield 932 N. Herrington 1306 N. Lugo 1684 w. 8th St. ENGINEERING DIVISION/PUBLIC WORKS - ADD ONE POSITION OF CIVIL ENGINEER ASSISTANT I - DELETE ONE POSITION OF DRAFTSPERSON In a memorandum dated April 23, 1990, Gordon Johnson, Personnel Director, stated that Gene Klatt, Assistant City Engineer, had requested to upgrade one position of Draftsperson to a Civil Engineering Assistant I. The Personnel Department conducted an analysis of the existing classifications within the Design Section of the Engineering Division and found that the upgrade of the position is completely warranted. The Council Personnel Committee reviewed this request and recommended full Council approval. (10) Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that one position of Draftsperson be deleted and one position of Civil Engineering Assistant I be added to the Engineering Division, Public Works Department at salary range 1108 ($2289 - $2791/mo.); and that the Director of Personnel be directed to prepare a resolution updating Resolution 6433. PENNSYLVANIA & FRANCISCO AREA LANDSCAPE MAINTENANCE DISTRICT - AUTHORIZATION TO PROCEED In a memorandum dated April 25, 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 the west side of Pennsylvania Avenue adjoining Tentative Tract No. 14118 and along the Edison Company easement lying wi thin the tract. The assessment will include maintenance of landscaping, energy costs, and administrative costs. The signatures on the petition 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. (15) Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding expanding the district boundaries north to the mobile home park area. 11 5/21/90 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 Pennsylvania Avenue and the Edison Company easement located generally on the west side of Pennsylvania Avenue at Francisco Street in the City of San Bernardino; and authorize expansion of the district to the north to include the mobile home park. PERSONNEL ACTIONS Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated May 10, 1990, in accordance with all administrative regulations of the City of San Bernardino, be approved. (IB) RES. 90-176 - RESOLUTION OF THE CITY OF SAN BERNARDINO SUPPORTING PROPOSITIONS 111 (THE TRAFFIC CONGESTION RELIEF AND SPENDING LIMITATION ACT OF 1990) AND lOB (THE PASSENGER RAIL AND CLEAN AIR BOND ACT OF 1990). (19) Council Member Miller made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 90-176 was adopted by the following vote: Ayes: Council Member Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. ALLOCATION OF CDBG FUNDS - $50,000 - FINANCE, PURCHASE AND INSTALL CITY STREET SIGNS LOCATED AT VARIOUS MAJOR STREETS WITHIN LOW AND MODERATE INCOME AREAS In a memorandum dated May 10, 1990, Ken Henderson, Community Development Director, reported that on March 23, 1990, the Public Works/Engineering Department submitted a proposal for financial assistance for the purchase and installation of City street signs on major streets located in low and moderate income neighborhoods. The Mayor and Council approved a City blight abatement program. One major concern has been the inability to identify and adequately locate City streets. Many streets either did not have City street signs or the signs were in poor condition. The Community Development Citizen Advisory Committee recommended approval of phase I of the City street sign program in the amount of $50,000. (B) Ken Henderson, Community Development Director, answered questions regarding balance of CDBG funding from the program mix. 12 5/21/90 Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, to approve CDBG funding in the amount of $50,000 to finance the purchase and installation of City street signs located on various major streets within low and moderate incomes areas of the City. The Council requested a breakdown on the balance of CDBG funds in the program mix for the prior fiscal year. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433, SECTION FOUR, LISTING AUTHORIZED AND BUDGETED POSITIONS FOR THE VARIOUS DEPARTMENTS. (See resolution for full title) (23) City Administrator Julian answered questions regarding the unclassified positions in the City Administrator's office. City Clerk are considered explained how determined. Clark explained how some secretarial positions unclassified as opposed to classified and a classified or unclassified position is It was pointed out that the City Attorney is reviewing this resolution and that it should be continued for two weeks. Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the resolution listing authorized and budgeted positions for various departments be continued to June 4, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 90-177 A RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF SAN BERNARDINO FOR THE ANNEXATION OF THE TERRITORY LOCATED GENERALLY NORTH OF PACIFIC STREET, EAST OF STERLING AVENUE. (24) RES. 90-178 A RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF SAN BERNARDINO FOR THE ANNEXATION OF THE TERRITORY LOCATED GENERALLY NORTH OF BASE LINE STREET, EAST OF CEDAR STREET. ( 26) A discussion ensued regarding the impact to the Police Department in annexing these areas. Mayor Holcomb stated that the City is annexing the Pacific Street area in self defense, because the neighborhood has a high crime rate and has some major blight problems. The idea is to annex this area to help eliminate the problems and place this area into the security assessment district. 13 5/21/90 The Council questioned the area being annexed Baseline and east of Cedar Street. It was pointed out is not near the portion of Pacific Street, which annexed into the security district. north of this area is being Mr. Hardgrave explained that an error was made in the backup of the staff report. He stated that the Baseline and Cedar area would not be annexed into the Pacific Street area. He further explained that the Pacific Street area is being annexed into the security district and the Baseline and Cedar area is being annexed into the City to connect to the City's water system. Council Member Minor made a motion, seconded by Council Member Reilly, that said resolutions be adopted. Resolution following vote: Maudsley, Minor, Pope-Ludlam. Nos. 90-177 and 90-178 were Ayes: Council Members Estrada, Miller. Noes: None. Absent: adopted by the Reilly, Flores, Council Member APPEAL OF BOARD OF BUILDING COMMISSIONERS' DECISION TO BOARD UP AND CLEAN PREMISES AT 1432-1446 N. "G" STREET - FRANK AND KATHERINE FOSTER - CONTINUED FROM MAY 7, 1990 This is the time and place continued to for 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. (33) In a memorandum dated March 21, 1990, Larry Reed, Director of Planning/Building Services, provided a chronological listing of the events that led to the Board of Building Commissioners' decision to board up and clean premises at 1432-1446 North "G" Street. Mayor Holcomb opened the hearing. City Attorney Penman stated that the amount of costs for this appeal is being evaluated and recommended that the appeal be continued. Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the appeal of the Board of Building Commissioners' decision to board up and clean premises at 1432-1446 North "G" Street, be continued to June 4, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER POPE-LUDLAM RETURNED At 10:45 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. 14 5/21/90 PUBLIC HEARING - TO CONSIDER RESOLUTION SETTING MOBILE HOME FEES AND CHARGES - CONTINUED FROM MAY 7, 1990 This is the time and place continued to for a public hearing to consider a resolution setting mobile home fees and charges. (30) Mayor Holcomb opened the hearing. RES. 90-179 - RESOLUTION OF THE CITY OF ESTABLISHING FEES AND DEPOSITS RELATING RENTS. SAN BERNARDINO TO MOBILE HOME (30) Council Member Minor made a motion, seconded Member Flores and unanimously carried, that the closed; and that the resolution be adopted. Resolution No. 90-179 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. by Council hearing be CITY ATTORNEY PENMAN EXCUSED City Attorney Penman was excused and was replaced by Sr. Assistant City Attorney Barlow. PROTEST HEARING - NOTICE TO CONSTRUCT CHAPTER 12.92 IMPROVEMENTS - DRIVEWAY FILL-IN - CORNER OF 5TH & "D" STREET PARCEL NOS. 134-081-10 & 134-081-22- CONTINUED FROM MAY 7, 1990 This is the time and place continued to hearing to consider the construction of Chapter fill-in improvements. for a protest 12.92 driveway (31) In a memorandum dated May 15, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that at the Council meeting of May 7, 1990, two parcels slated for driveway fill-in were continued to allow more information to be gathered. The parcels are located at the northwest corner of 5th and "D" Streets and the parcel numbers are 134-081-10 and 134-081-22. Mr. Robert Norris, owner of the property, stated that he is presently in negotiations to lease the property to the Sun Company for parking purposes. Therefore, he does not wish to fill in the driveways. Mayor Holcomb opened the hearing. Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the hearing be closed and discussion on parcels 134-081-10 and 134-081-22 be continued to June 4, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 15 5/21/90 PUBLIC HEARING TO HEAR PROTESTS ON THE PROPOSED ADJUSTMENT IN THE CHESTNUT AVENUE STORM DRAIN SURCHARGE FROM $0.09 TO $0.13 PER SQUARE FOOT This is the time and place set for a public hearing to hear protests on the proposed adjustment surcharge for the Chestnut Avenue Storm Drain. ( 32 ) In a memorandum dated April 27, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that in May, 1989, Resolution 89-146 was adopted establishing a surcharge for the construction of the Chestnut Avenue Storm Drain. The original estimate for construction cost was $1,729,375 and the current estimate is $2,246,271. Changes were required to meet environmental concerns, extend the drain into private lands within the National Forest Service boundary and to acquire property for the debris basin. Mayor Holcomb opened the hearing. Council Member Minor made a motion, seconded by Council Member Estrada and unanimously carried, that the public hearing to hear protests on the proposed adjustments in the Chestnut Avenue Storm Drain surcharge, from $0.09 to $0.13 per square foot, be continued to 10:00 a.m., June 4, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. PROTEST HEARING DISTRICT NO. 995 - This is the time regarding the proposed the Verdemont area. PROPOSED COMMUNITY FACILITIES VERDEMONT AREA and place set for a protest hearing Community Facilities District No. 995 in (S-4) In a memorandum dated May 16, 1990, Roger Hardgrave, Director, Public Works/City Engineer, stated that eight properties were originally included in the proposed Community Facilities District No. 995. However, one of the parcels is being subdivided by Monnig Development, Inc. Since most of the homes in this tract have been sold, this property will necessarily be deleted from the proposed district. The description of the improvements were inadvertently omitted from the legal advertising, therefore, it will be necessary for the public hearing to be continued. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the proposed Community Facilities District No. 995 be reduced in size by the deletion of Tract No. 13603; and that the public hearing for proposed Community Facilities District No. 995 be continued to 10:00 a.m., at the Council meeting of June 4, 1990. 16 5/21/90 RES. 90-180 - RESOLUTION OF THE CITY OF SAN ESTABLISHING A FEE FOR THE RECOVERY OF SHOPPING CARTS. (Continued from May 7, 1990) BERNARDINO ABANDONED (35) Ed Butterworth, representing Fedco, explained his objections to this resolution. City Administrator Julian explained how the program would work. He stated that the shopping carts would be picked up only if in the public's right-of-way, as they could create a potential liability to the City. Mr. Butterworth stated that Fedco has an enforcement program for picking up its shopping carts and that Fedco is not creating the problem of abandoned shopping carts. A discussion ensued regarding establishing a program to allow Fedco to pick up the shopping carts before the City does. Mayor Holcomb recommended that the City establish a pick up time for the area around Fedco. This would allow Fedco sufficient time to have its shopping carts picked up. He suggested that this be done administratively. Council Member Minor made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 90-180 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. RES. 90-181 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CONVERSE CONSULTANTS SOUTHWEST, INC. FOR INSPECTION SERVICES. (Continued from May 7, 1990) (36) RES. 90-182 AUTHORIZING PACESETTERS - RESOLUTION OF THE CITY OF SAN BERNARDINO THE EXECUTION OF AN AGREEMENT WITH BUILDING SERVICES FOR INSPECTION SERVICES. (S-9) City Administrator Julian explained the concept for using outside contract consultants for expeditious inspections. A discussion ensued regarding the fees the developer would pay to use the contract consultant. Larry Reed, Director of Planning/Building Services, stated that if the developer does not want to wait for a subdivision inspection by the Planning Department, the developer may pay a higher fee to have the inspection expedited by using the contract consultants. 17 5/21/90 The Council discussed the additional using the consultants and policy issues established. fees involved when that need to be Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that said resolutions be adopted. Resolution following vote: Maudsley, Minor, None. Nos. 90-181 and 90-182 were Ayes: Council Members Estrada, Pope-Ludlam, Miller. Noes: adopted Reilly, None. by the Flores, Absent: Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the costs for use of the consultants and policy issues be referred to the Legislative Review Committee. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ED LEONELLI AND DOMINIQUE MOREL RELATING TO MAKING SEMI-ANNUAL PAYMENTS ON THE COST FOR UNDERGROUNDING UTILITIES AT 1080 EAST NINTH STREET. (Continued from May 7, 1990) (37) City Administrator Julian stated that the City Attorney and Director of Public Works requested that this be referred to the Legislative Review Committee for further examination. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that said resolution be referred to the Legislative Review Committee and be continued to June 4, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Minor, pope-Ludlam, Miller. Noes: Council Member Maudsley. Absent: None. COUNCIL MEMBER ESTRADA EXCUSED At 11:15 a.m., Council Member Estrada 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. (Continued from April 16, 1990) (38) City Clerk Clark explained why this ordinance was continued from the last Council meeting. She also explained the intent of the ordinance. 18 5/21/90 Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, that the ordinance providing standards for the issuance of ambulance and wheelchair transportation permits be referred to the Legislative Review Committee. ORD. MC-729 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SBMC SECTION 12.04.0BO, 12.0BO.030, B.66.050 AND 13.0B.I05 RELATING TO THE FEES OR CHARGES FOR STREET REPAIR, ENCROACHMENT PERMITS, THE MOVING OF ANY BUILDING OR OVERSIZE LOAD ON A PUBLIC STREET AND THE CAPPING OF SEWER LATERALS. (PINAL) (39) Council Member Reilly made a motion, seconded by Council Member Maudsley, that said ordinance be adopted. Ordinance MC-729 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Estrada. FUNDING OF CITY'S PORTION OF DELMANN HEIGHTS SYSTEM UPGRADE - CONTINUED FROM MAY 7, 1990 This is the time and place continued to for funding the City's portion of Delmann Heights upgrade. WATER discussion of Water System (41) In a memorandum dated April 20, 1990, Mayor Holcomb stated that in 19B4, the Council requested the Municipal Water Board to acquire the private water system which was serving the Delmann Heights area. The reason for the Council's request was poor quality of water service and the seriously deteriorated condition of the water mains and related system infrastructure. The water system was acquired through eminent domain in which the East Valley Water District also participated by condemning the Southern California Water System in the Highland area. Mayor Holcomb recommended that staff investigate an alternative solution for the acquisition costs of the Delmann Heights Water System upgrade and that, it be continued to the next Council meeting. Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, that the costs for acquisition of the Delmann Heights Water system facility be continued to June 4, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 19 5/21/90 APPEAL - BOARD OF BUILDING COMMISSIONERS' DECISION TO DEMOLISH THE BUILDING AND ABATE WEEDS, TRASH AND DEBRIS - 1642 E. ECHO DRIVE - MARGARET BUCKNER This is the time and place set for an appeal filed by Margaret Buckner regarding the Board of Building Commissioners' decision to demolish the building and abate weeds, trash and debris at 1642 E. Echo Drive. (43) In a memorandum dated April 25, 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 demolish, abate weeds, trash and debris at 1642 E. Echo Drive. Larry Reed, Director, Planning/Building Services, summarized the events that led to the Board of Building Commissioners' decision to demolish the building. Mayor Holcomb opened the hearing. John Agnew spoke on behalf of his mother, Margaret Buckner, one of the heirs of the estate of Thelma Brinkley. He requested that the family be allowed to rehabilitate the house and bring it up to code. Mr. Agnew answered questions regarding the cost involved. He explained that there are three heirs involved in this property and that he will need some time to resolve the family matters. A discussion ensued regarding a reasonable time frame for clean up and board up of the premises. Mr. Agnew agreed to have the house cleaned and boarded up within two weeks. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that the appeal for board up and clean up of property located at 1642 East Echo Drive be continued to June 4, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion Members Reilly, Minor. Absent: carried Flores, Council by the following vote: Maudsley, Pope-Ludlam, Member Estrada. Ayes: Miller. Council Noes: 20 5/21/90 AUTHORIZATION FOR ENCROACHMENT CONSTRUCTION OF PEDESTRIAN RAMP AT 1535 SOUTH "D" STREET - CENTURY HOMES In a memorandum dated May 11, 1990, Roger Hardgrave, Director, Public Works/City Engineer, provided a letter of request from Century Homes to construct a ramp in the right-of- way on 1535 North "D" Street. The purpose of the ramp is to provide better access to all people entering the building, including accessibility for the handicapped. The construction has been started because the building department issued permits. (44) Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley and unanimously carried, that the request from Century Homes for authorization to construct a pedestrian ramp in the street right-of-way at 1535 South "D" Street be approved in principle, and the City Attorney be directed to prepare a standard form license agreement to authorize the requested encroachment. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY- REGULAR MEETING The Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order by Chairman Holcomb in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Sr. Assistant City Attorney Barlow recommended that item 4 on the Commission agenda and items S-6 and S-7 be adopted at the same time as they relate to Mortgage Revenue Refunding bonds. RES. 90-183 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING ISSUANCE BY THE CITY OF $18,840,000 PRINCIPAL AMOUNT OF SINGLE FAMILY MORTGAGE REVENUE REFUNDING BONDS. (S-6) RES. 90-184 A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ISSUANCE OF $18,840,000 PRINCIPAL AMOUNT OF SINGLE FAMILY MORTGAGE REVENUE REFUNDING BONDS (GNMA MORTGAGE-BACKED SECURITIES) SERIES 1990A, SUCH BONDS TO BE ISSUED PURSUANT TO A TRUST INDENTURE DATED AS OF MAY 1, 1990, AUTHORIZING THE SALE OF BONDS, APPROVING FINAL OFFICIAL STATEMENT RELATING TO THE BONDS, APPROVING IMPLEMENTING AGREEMENTS AND DOCUMENTS RELATING TO THE BONDS AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO. (S-7) Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly, that said resolutions be adopted. 21 5/21/90 Resolution Nos. 90-183 and 90-184 were following vote: Ayes: Council Members Reilly, Minor, Pope-Ludlam, Miller. Noes: None. Member Estrada. adopted by the Flores, Maudsley, Absent: Council RES. 90-185 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF UNDERTAKING CERTAIN BLIGHT REMOVAL ACTIVITIES FOR VARIOUS REDEVELOPMENT PROJECT AREAS OF THE AGENCY. (R-6) Council Member Reilly made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 90-185 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope- Ludlam, Miller. Noes: None. Absent: Council Member Estrada. RES. 90-186 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF ASSISTING IN THE DEVELOPMENT OF A LOW-AND-MODERATE INCOME MULTIFAMILY HOUSING PROJECT (SHADOW HILLS PROJECT) . (R-7) Council Member Miller made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution Ayes: Council Miller. Noes: Estrada. No. 90-186 was adopted by the following vote: Members Reilly, Maudsley, Minor, Pope-Ludlam, Council Member Flores. Absent: Council Member ESTABLISH SALARY RANGE FOR THE POSITION OF MOBILE HOME RENT DIRECTOR In a memorandum dated May 16, 1990, James Robbins, Deputy City Administrator, stated that the Personnel Director has prepared a job description and a recommended salary range for the position of Mobile Home Rent Director, which is an unclassified position. Under provisions of MC-726, this is a division head position in the City Administrator's Office. (S-I) Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the salary range for Mobile Home Rent Director be established at Range 4388 ($3071-$3733/month), and that the Director of Personnel be instructed to prepare the necessary amendments to Resolution Nos. 6413, 6433 and 10584. 22 5/21/90 PERSONNEL ACTION Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the following personnel action submitted by the Director of Personnel, in accordance with all administrative regulations of the City of San Bernardino, be approved: (S-la) NAME/DEPARTMENT Butler, Gerald City Administrator ACTION: APPOINTMENT Mobile Home Rent Director Range 4388, Step 3, $3,386/mo. Effective 5/22/90 Jerry Butler, Project Coordinator, Mayor's Office, answered questions regarding his qualifications for the position of Mobile Home Rent Director. 4TH OF JULY CELEBRATION - SECCOMBE LAKE PARK - $21,200 EXPENDITURE OF FUNDS In a memorandum dated May 16, 1990, Marshall Julian, City Administrator, provided a memorandum from Annie Ramos, Director of Parks, Recreation and Community Services, outlining the budget for the Fourth of July celebration at Seccombe Lake Park. (S-2) Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the expenditure of funds in the amount of $21,200 for the 4th of July celebration at Seccombe Lake Park be approved. RECESS MEETING At 12:06 p.m., the Mayor declared the meeting of the Mayor and Common Council adjourned to a luncheon workshop in the Redevelopment Agency Board Room, Fourth Floor, City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING - LUNCHEON WORKSHOP At 12:15 p.m., Mayor Holcomb called the luncheon workshop to order in the Redevelopment Agency Board Room, Fourth Floor, 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, Pope- Ludlam. LUNCHEON WORKSHOP - UNREINFORCED MASONRY BUILDINGS This is the time and place set for the purpose of discussing unreinforced masonry buildings in the City of San Bernardino. (42 ) 23 5/21/90 Larry report on concerning pertaining Reed, Director of Planning/Building Services, gave a the survey and public hearings that have been held the City's Ordinance MC-718 and Resolution 89-400 to unreinforced masonry buildings. Mr. Reed answered questions regarding the survey list of unrein forced masonry buildings and explained how some of the buildings have been removed from the list. Deputy City Attorney Empeno stated that there is a presumption in the ordinance that buildings should be demolished if there is no plan to renovate them to meet present building code for unreinforced masonry buildings. It was pointed out that at the present time, State law only requires a structural analysis be performed. Henry Empeno, Deputy City Attorney, read portions of State law under unreinforced masonry buildings. The Director of Planning/Building Services and City Attorney talked about the City's ordinance. The Mayor suggested that the State law be implemented one step at a time with some mitigation for low occupancy load. Joe Lease, Senior Inspector, answered questions of the Council. COUNCIL MEMBER At 1:15 p.m., luncheon meeting. POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the City Attorney Penman pointed out that if the City requires the demolition of buildings, the City may have to give relocation assistance. COUNCIL MEMBER FLORES EXCUSED At 1:35 p.m., Council Member Flores left the luncheon meeting. No action was taken. RECESS MEETING At 1: 40 p.m., Mayor Holcomb recessed the luncheon meeting until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 24 5/21/90 RECONVENE MEETING At 2:06 p.m, Mayor Holcomb called the Regular Meeting of the Mayor and Council Meeting to order 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, Miller; Deputy City Attorney Empeno, City Clerk Clark. Absent: Council Members Estrada, Pope-Ludlam; City Administrator Julian. RES. 90-187 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ARCHITECT MILFORD WAYNE DONALDSON, A.I.A., INC., FOR A HISTORIC RESOURCES SURVEY. (45) Council Member Maudsley made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 90-187 was adopted by the Ayes: Reilly, Flores, Maudsley, Minor, Miller. Absent: Council Members Estrada, Pope-Ludlam. following vote: Noes: None. COUNCIL MEMBER At 2:09 p.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the ORD. MC-730 - AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.83.060 OF THE SAN BERNARDINO MUNICIPAL CODE AND EXTENDING THE TIME PERIOD OF THE INTERIM URGENCY ZONING ORDINANCE WHICH PROHIBITS CONFLICTING USES AND PROVIDES FOR INTERIM IMPLEMENTATION OF AND CONSISTENCY WITH THE GENERAL PLAN. (FINAL) (46) This is the time and place set for a consider the urgency ordinance extending the interim urgency zoning ordinance. public hearing to time period of the (46) Larry Reed, Director of Planning/Building Services, answered questions regarding the approximate time for implementation of the Development Code and explained why this urgency ordinance is before the Council for adoption. Mayor Holcomb opened the hearing. Helen Kopczynski, 8150 Cable Canyon Road, asked questions regarding the new Development Code and the existing General Plan. Larry Reed, Director of Planning/Building Services, answered questions regarding the criteria used for the Development Code and also answered questions of the Council. 25 5/21/90 DEPUTY CITY ATTORNEY EMPENO EXCUSED Deputy City Attorney Empeno was excused and was replaced by City Attorney Penman. 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. City Attorney Penman stated that state law requires that a zoning ordinance be consistent with the General Plan, but Charter cities are exempt from that requirement. Mr. Penman pointed out that it was the City's decision that its zoning laws be consistent with the General Plan. He stated that if this ordinance is not adopted, the General Plan and the zoning ordinance would be inconsistent. The Council discussed the pros and cons of using the one-map system as opposed to the two-map system in the General Plan. City Attorney Penman answered questions regarding the urgency ordinance being consistent with the General Plan. He recommended that the Council adopt this urgency ordinance to provide consistency. Larry Reed, Director of Planning and Building Services, explained that in the future, having the one-map system will be much easier to work with when making changes to the map. The Council discussed the status of the computerized geo- base mapping system. Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the public hearing be closed; that the ordinance amending Section 19.83.060 of the San Bernardino Municipal Code be adopted as an urgency ordinance; and that pursuant to Government Code Section 65858(d), the urgency Ordinance Status Report (Attachment D) be issued. Ordinance MC-730 was adopted by the following vote: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Ludlam, Miller. Noes: None. Absent: None. Ayes: Pope- RECONSIDERATION PROVIDE WATER SERVICE OUTSIDE CORPORATE LIMITS OF CITY - TEN ACRE PARCEL ADJACENT AND NORTHEAST OF THE INTERSECTION OF PALM AVENUE AND CAJON BLVD. - CONTINUED FROM MAY 7, 1990 This is the time and place continued to for reconsideration of previous action taken on January 22, 1990, to provide water service outside corporate limits of the City to a ten-acre parcel adjacent and northeast of the intersection of Palm Avenue and Cajon Boulevard. (40) 26 5/21/90 At the meeting of January 22, 1990, the Council authorized water service outside the corporate limits of the City at Palm Avenue and Cajon Boulevard, subject to review and approval of conditions imposed by the County of San Bernardino for the development of this project. In a memorandum dated April 26, 1990, Council Member Tom Minor, stated that the authorization for water service outside City boundaries in the vicinity of Palm and Cajon Boulevard, requires further investigation. The property involved is surrounded by the City on three sides, and the area should logically be within San Bernardino City limits. This is an environmental impact situation in which the City should assure compatibility with surrounding acreage and development. Mayor Holcomb gave the background that resulted in the decision to reconsider providing water service to this particular ten-acre parcel in the Verdemont area. He also elaborated on the reasons why the City should not reconsider its previous action, and made several points regarding the safety and necessity of this project. CITY ADMINISTRATOR JULIAN RETURNED City Administrator Julian returned to the Council meeting. Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the proposal to provide water service outside the corporate limits of the City at the northeast portion of Palm Avenue and Cajon Boulevard be reconsidered. The Council discussed the land use designation for this parcel and its annexation into the City. A discussion ensued regarding the manner in which hazardous chemicals would be transported and the type of wastes being transported. City Attorney Penman advised the Council that until the City knows approximately how much USPCI has spent on the project, the City should not take any further action. He requested clarification from USPCI, as to how much has been spent on the project since Council approval. Martin Smith, Regional General Manager, West Coast Operations, USPCI, answered questions regarding the amount spent on the project subsequent to Council's action on January 22, 1990. He stated that approximately $60,000 to $70,000 has been spent on the project and gave an estimate of $2.5 million for the total cost of the project to become fully operational, provided that the City does provide water. Mr. Smith explained that the company has gone beyond the original design to underline the 27 5/21/90 property with a liner material. He further stated that the company is not desirous at this point to drill a well to produce water or to truck in water for the facility. Mr. Smith explained why USPCI preferred this site. Herb Wessel, Acting General Manager, Water Department, spoke regarding the risk involved to the ground water and the City's reservoir. He stated that the Water Department examined the type and amount of materials being transported. Mr. Wessel also answered questions regarding the construction of the facility. Geraldine Wong, 5794 Christopher Street, spoke in opposition to the City providing water service to this facility because of the hazardous waste materials the facility would be transporting. Ms. Wong apprised the Council of a waste spill which occurred in the County. She stated that this waste material is the kind USPCI will be transporting. Xavier Hermosillo, representative of USPCI, responded to the comments of Ms. Wong. He explained the precautions that are being taken by the company to insure the protection of the area. Mayor Holcomb suggested that the residents in the Verdemont area hire an environmental engineer to prepare a worst case scenario to examine how much danger is involved. Barbara Sky, 6464 Palm Avenue, San Bernardino, spoke in opposition to the City providing water to this facility and challenged the Mayor on his suggestion. Martin Smith, Regional General Manager, Operations, USPCI, stated that the company would pay for a consultant to conduct an environmental study. West Coast up to $5,000 Council Member Minor made a motion, seconded by Council Member Maudsley, to deny water service to USPCI. The motion carried by the following vote: Members Flores, Maudsley, Minor, Pope-Ludlam, Council Member Estrada, Reilly. Absent: None. Ayes: Council Miller. Noes: RECESS MEETING - CLOSED SESSION At 3:40 p.m., Mayor Holcomb recessed the Regular Meeting of Mayor and Common Council to closed session for the following: (1 & S-8) 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: ; 28 5/21/90 b. to consider personnel matters pursuant to Government Code Section 54957; c. to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6; d. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities pursuant to Government Code Section 54957; e. to confer with the Ii tigation pursuant to 54956.9(b)(I), as there litigation; attorney regarding pending Government Code Section is significant exposure to f. to confer with the attorney regarding Ii tigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending Section decide g. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section 54956.9(a) as follows: City of San Bernardino vs. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239193; Stubblefield Construction Companv. et al vs. Ci tv of San Bernardino. et al - San Bernardino Superior Court Case No. 232998; San Bernardino Superior Court Case No. 252058; Sock Dawson. et al vs. City of San Bernardino. et al- United States District Court Case No. SA 88-461 AHS (RWRx); Revnolds vs. 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. City of San Bernardino San Bernardino Superior Court Case No. 250425; C.F.B. Investments. Ltd. vs. Citv of San Bernardino - United States District Court - Case No. SA CV89-862 JSC (RWRx); Grady vs. City of San Bernardino - San Bernardino Superior Court Case No. 243287; 29 5/21/90 Southern Pacific Transportation Companv. 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); Char les Hudson Brown vs. Domino. et al - San Bernardino Superior Court Case No. 243087; Harris vs. Citv of San Bernardino - United States District Court - Case No. CV87-04882 (JSL); Valenzuela vs. City of San Bernardino Superior Court Case No. 242137; San Bernardino City of Redlands vs. Inland Vallev Development Aoency, et al - San Bernardino Superior Court Case No. 255222; Dolores Wilson vs. City of San Bernardino - San Bernardino Superior Court Case No. 252224; Citv of San Bernardino vs. San Bernardino Vallev Water Conservation District - San Bernardino Superior Court Case No. 231454; Citv of San Bernardino vs. Henry Voss. et al San Bernardino Superior Court Case No. 250949; Haslam vs. Citv of San Bernardino. et al San Bernardino Superior Court Case No. 250949. CLOSED SESSION At 3:40 p.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 Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Administrator Julian. Absent: City Clerk Clark. Also present were: Robert Temple, Acting Executive Director, Redevelopment Agency; John Hoeger, Development Manager, Redevelopment Agency; Herb Wessel, Acting General Manager, Water Department; Gordon Johnson, Personnel Director. DEPUTY CITY ATTORNEY EMPENO ARRIVED Deputy City Attorney Empeno arrived at the closed session. 30 5/21/90 MAYOR HOLCOMB AND HERB WESSEL EXCUSED At 4:00 p.m., Mayor Holcomb and Herb Wessel left the closed session. ROBERT TEMPLE AND JOHN HOEGER EXCUSED Robert Temple and John Hoeger, Redevelopment Agency left the closed session. GORDON JOHNSON EXCUSED Gordon Johnson left the closed session. RECONVENE MEETING At 4: 35 p. m., Mayor Pro Tempore Pope-Ludlam 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 Pope-Ludlam; Council Members Estrada, Reilly, Flores, Maudsley, Minor, pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Mayor Holcomb. REMOVAL OF EXISTING DRIVEWAY APPROACHES - INFILLING OF CURB DEPRESSIONS CONSTRUCTION OF CURB, GUTTER & SIDEWALKS - ALLOCATION OF FUNDS FOR CITY PARTICIPATION In a memorandum dated May 15, 1990, Fred Wilson, Assistant to the City Administrator, stated that the Council requested clarification on the issue of City participation in terms of funding fifty percent of the costs associated with the removal of existing driveway approaches and infilling of curb depressions. Resolution 90-B provides a procedure for City participation of up to one-half the cost of reconstruction and/or repair of sidewalks, curbs, and gutters located on the public right-of-way. The infilling of curb depressions and driveway approaches is also included as an eligible program in this resolution. (S-3) Ci ty Administrator Julian participation program would work. explained how the City Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the proposed allocation of $100,000 from the bond proceeds for the purpose of funding the City's participation in the removal of existing driveway approaches and infilling of curb depressions and reconstruction of curb, gutter and sidewalks be continued to June 4, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 31 5/21/90 RES. 90-188 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ORRICK, HERRINGTON, AND SUTCLIFFE RELATING TO PROVIDING BOND COUNSEL SERVICES FOR THE VERDEMONT AREA IMPROVEMENT DISTRICT, ASSESSMENT DISTRICT NO. 987, AND RESCINDING RESOLUTION NO. 89-148. (S-5) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 90-188 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, pope-Ludlam, Miller. Noes: None. Absent: None. PUBLIC HEARING - DISPOSITION OF FY 1990/1991 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This is the time and place set for a public hearing to consider the disposition of Community Development Block Grant funds for Fiscal Year 1990-91. (34) In a memorandum dated May 10, 1990, Ken Henderson, Community Development Director, stated that on February 19, 1990, the Mayor and Council adopted the Fiscal Year 1990-91 CDBG Program Mix and authorized staff to solicit proposals. The proposal period was from February 23, 1990 through March 23, 1990, by 4:00 p.m. A total of 52 proposal were received for the following categories: Approved Proqram Mix Amount Requested Public Services $246,963 $600,173 $333,200 $ 390,956 Capital Improvements $1,535,176 $ 403,200 Administration Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, to open the hearing. Ken Henderson, Director of Community Development, answered questions regarding the remaining funds available for the CDBG Program Mix and explained how the funding is allocated. He stated that because of CDBG regulations, only fifteen percent of the annual grant funding can be used for public services. Mr. Henderson answered questions of the Council and elaborated on how the CDBG Program Mix funds are used for public services, administration and capital improvements. He stated that there is a statutory limit for public services and administration, but there is no cap on capital improvements projects. 32 5/21/90 City Attorney Penman answered questions regarding the legalities of using other CDBG funds to finance other programs. The Council discussed the possibility of the remaining funds from last year's program mix being carried over into an appropriated reserve account. Ken Henderson answered questions regarding the appropriated reserve being carried over for the next year. He stated that the appropriated reserve is the reserve for the overall program. He stated that the appropriated reserve fund cannot be used for public services activities or administration. A discussion ensued regarding the recommendations submitted by the Community Development Citizens Advisory Committee. Ken Henderson referred to Exhibit "A", page 4, of the staff report. One of the Community Development's Objective III is to provide and expand necessary public service resources for the disadvantaged, handicapped and disabled. Mr. Henderson explained the process used for reviewing the proposals requesting funding from the CDBG Program Mix. CITY CLERK CLARK EXCUSED At 5:10 p.m., City Clerk Clark was excused and was replaced by Deputy City Clerk Medina. The following organizations gave a five-minute presentation on the type of services they provide to the citizens of San Bernardino. These organizations asked that the Council reconsider funding their programs: Richard Fisher, President, Arrowhead United Way, spoke in support of the Lutheran Social Services, one of the many agencies that assists in the United Way services. Rev. Thomas Ford, spoke on behalf of the Lutheran Social Services. Mary Irving, spoke on behalf of the Housing Resource Board. Felita Scott, Shelter Manager, spoke on behalf of Option House. Jean Anderson, 3309 "H" Street, San Bernardino, member of the Community Development Citizens Advisory Committee, explained the process and time involved in selecting the agencies to be funded from the CDBG Program Mix. She stated that every year it becomes more difficult to determine which agencies will be funded. All the agencies who submitted proposals deserve to receive funding, but there is not enough money to do so. 33 5/21/90 Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the hearing be closed; and that the FY 1990/1991 CDBG funding recommendations prepared by the Community Development Citizens Advisory Committee be approved and adopted by the Mayor and Common Council. Further, that the Mayor and Common Council authorize and direct staff to submit the FY 1990/1991 Statement of Objectives and Projected Use of Funds to the U. S. Department of Housing and Urban Development. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the Community Development Director and City Attorney investigate the feasibility of funding additional programs and report the results to the Ways and Means Committee at its second meeting in June. ADJOURNMENT At 5:40 p.m., Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the meeting be adjourned to 8:00 a.m., Saturday, June 2, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (47) SHAUNA CLARK City Clerk By "j{I nd. J!.(V yY; ?Iden[l) . Deputy City Clerk No. of Items: 69 No. of Hours: 9 34 5/21/90