HomeMy WebLinkAbout06-18-1990 Minutes
City of San Bernardino, California
June 18, 1990
The Regular Meeting of the Mayor and Common Council of the
City of San Bernardino was called to order by Mayor Holcomb at
8:38 a.m., Monday, June 18, 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 Pro Tempore Miller; Council Members
Estrada, Reilly, Flores, Maudsley, Minor, Miller; City Attorney
Penman, City Clerk Clark. Absent: Mayor Holcomb; Council Member
Pope-Ludlam, City Administrator Julian.
RECESS MEETING - CLOSED SESSION
At 8:38 a.m., Council Member Flores made a motion, seconded
by Council Member Reilly and unanimously carried, that the Mayor
and Common Council and Community Development Commission will
recess to closed session for the following: (1 & S-7)
At 8: 38
Development
following:
a.m., the Mayor and
Commission recessed
Common Council and Community
to closed session for the
(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
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6/18/90
f.
to confer with the attorney regarding
litigation pursuant to Government Code
54956.9(c), so that Council/Commission may
whether to initiate litigation;
pending
Section
decide
g. to confer with the attorney regarding pending
litigation which has been initiated formally to which
the City is a party pursuant to Government Code Section
54956.9(a) as follows:
Ci tv of San Bernardino vs. San Bernardino Baseball Club.
Inc. - San Bernardino Superior Court Case No. 239193;
Stubblefield Construction Company. et al vs. Citv of San
Bernardino. et al - San Bernardino Superior Court Case No.
232998; San Bernardino Superior Court Case No. 252058;
Sock Dawson. et al vs. City of San Bernardino. et al-
United States District Court Case No. SA 88-461 AHS (RWRx);
Revnolds vs. 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);
Southern Pacific Transportation Companv. et al vs. City of
San Bernardino San Francisco Superior Court Case No.
877359;
Valenzuela vs. Citv of San Bernardino
Superior Court Case No. 242137;
San Bernardino
City of Redlands vs. Inland Vallev Development Aoencv, et al
- San Bernardino Superior Court Case No. 255222;
Dolores Wilson vs. Citv of San Bernardino - San Bernardino
Superior Court Case No. 252224;
Citv of San
Conservation
No. 231454;
Bernardino vs. San Bernardino Vallev Water
District - San Bernardino Superior Court Case
Citv of San Bernardino vs. Henrv Voss. et al San
Bernardino Superior Court Case No. 256105;
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Haslam vs. Citv of San Bernardino. et al - San Bernardino
Superior Court Case No. 250949;
Brooks vs. Police Officer Cpl. Hall. et al - United States
District Court Case No. 90-0331R (CM);
Western Empire Industries. Inc. vs. Citv of San Bernardino.
et al - San Bernardino Superior Court Case No. 255130;
Citv of San Bernardino vs. Deukmeiian. et al San
Bernardino Superior Court Case No. 256623;
Citv of San Bernardino vs. Simchowitz - San Bernardino
Superior Court Case No. 255534.
CLOSED SESSION
At 8:38 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
Pro Tempore Miller; Council Members Estrada, Reilly, Flores,
Maudsley, Minor, Miller; City Attorney Penman. Absent: Mayor
Holcomb; Council Member Pope-Ludlam, City Clerk Clark, City
Administrator Julian.
Also present were: Deputy City Attorney Simmons, Deputy
City Attorney Empeno, Margaret Scroggin, Administrative
Operations Supervisor, City Attorney's Office; Deputy City
Administrator Robbins.
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
At 8:41 a.m.,
closed session.
POPE-LUDLAM ARRIVED
Council Member Pope-Ludlam
arrived
at
the
CITY CLERK CLARK ARRIVED
At 8:50 a.m. , City Clerk Clark arrived at the closed
session.
DEPUTY CITY ATTORNEY EMPENO EXCUSED
Deputy City Attorney Empeno left the closed session.
PERSONNEL DIRECTOR JOHNSON ARRIVED
At 8:55 a.m., Personnel Director Johnson arrived at the
closed session.
3 6/18/90
DEPUTY CITY ATTORNEY SIMMONS, ADMINISTRATIVE OPERATIONS
SUPERVISOR SCROGGIN AND PERSONNEL DIRECTOR JOHNSON
EXCUSED
At 9:15 a.m., Deputy City Attorney Simmons, Administrative
Operations Supervisor Scroggin and Personnel Director Johnson
left the closed session.
ADJOURN CLOSED SESSION
At 9: 25 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 9:32 a.m., Mayor Pro Tempore Miller reconvened the
Regular Meeting of the Mayor and Common Council of the City of
San Bernardino in the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Clark with the following
being present: Mayor Pro Tempore Miller; Council Members
Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller;
City Attorney Penman, City Clerk Clark, City Administrator
Julian. Absent: Mayor Holcomb.
INVOCATION
The invocation was given by Rev. David Randolph of San
Bernardino Community Hospital.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Maudsley.
PUBLIC COMMENT - JEAN ANDERSON - SUN TELEGRAM
Jean Anderson, 3309 North "H" Street, San Bernardino, spoke
in support of the Sun Telegram moving into the 3200 North "E"
Street site. She stated previously there had been a complaint
regarding the Sun's distribution center being located at 3238
North "E" Street. She stated that the area is very deserted and
she is very delighted to have the vacant building occupied by a
reliable business. Ms. Anderson stated that this might encourage
other businesses to come back into the area. (3)
SERVICE PIN AWARD CEREMONY
Lorraine Velarde, Executive Assistant to the
names of employees receiving service pin awards.
Mayor, read the
(4 )
Each employee received a service pin from Mayor Pro Tempore
Miller in gratitude of his/her many years of service to the
City.
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6/18/90
PRESENTATION - DUNCAN WEBB - CERTIFICATE FOR AMBASSADOR
OF GOODWILL
Lorraine Velarde, Executive Assistant to the Mayor, read the
certificate for Duncan Webb commending him for his outstanding
qualifications as Ambassador of Goodwill. (5)
Duncan Webb was present to accept the resolution from Mayor
Pro Tempore Miller.
PRESENTATION - OFFICER PIERRE WEAKLEY
Lorraine Velarde, Executive Assistant to the Mayor, read a
resolution commending Police Officer Pierre Weakley for his
heroic effort in saving the life of a seven month old baby girl
by performing CPR. (5)
Officer Weakley was present to accept the resolution of
commendation from Mayor Pro Tempore Miller.
PRESENTATION - FIVE AMBASSADORS OF ASIA
Thelma Press, Executive Director, Cultural and
Affairs, presented five ambassadors to Asia. The
from San Gorgonio High School competed in an all
trip to Hong Kong and won.
International
five students
expense paid
(5)
The five members of the team were present to accept the
resolution from Mayor Pro Tempore Miller.
APPOINTMENT - DR. ERNEST GARCIA - FINE ARTS COMMISSION
Council Member Minor made a motion, seconded by Council
Member Flores and unanimously carried, that the appointment of
Dr. Ernest Garcia to the Fine Arts Commission be approved.
(S-6)
REQUEST TO DISCUSS SIGN ORDINANCE COUNCIL MEMBER
MAUDSLEY
The Council combined items S-l, S-8 and S-9 as they are all
related to the sign ordinance.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 19.60 OF THE SAN BERNARDINO MUNICIPAL CODE
REGARDING THE ANNUAL SIGN CODE INSPECTION STICKER AND
INVENTORY PROGRAM. (S-8)
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING
RESOLUTION 90-115 WHICH ESTABLISHED AN ANNUAL SIGN CODE
INSPECTION STICKER FEE TO FUND AN INVENTORY,
IDENTIFICATION AND ABATEMENT PROGRAM OF ILLEGAL OR
ABANDONED SIGNS. (S-9)
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6/18/90
The Council presented their concerns regarding the sign and
sticker ordinance. It was pointed out that there are no internal
policies or procedures established for enforcing this ordinance.
The Council discussed the implementation
ordinance and the notice sent out to the residents
by the Planning/Building Services Department.
of the sign
and businesses
Tom Jones, owner of Poor Richards Pipe Tobacco Shop, 364 W.
Highland Avenue, spoke in opposition to the sign and sticker
inventory program. He objected to the fees he has had to pay
for various taxes and an additional fee such as the sign
ordinance fee is not needed. He suggested that the Council
rescind the sign ordinance and start allover. Mr. Jones
answered questions of the Council.
Robin Quesada, owner of Bear Essentials, 346 W. Highland
Avenue, spoke in opposition to the sign ordinance. She
criticized the Planning and Building Department for not being
able to explain the sign ordinance in more detail to her on the
telephone.
Randy Patterson, owner of Desert Industries Thrift store,
located at 196 W. Highland Avenue, complained about not receiving
information on this newly adopted sign ordinance and the lack of
communication. He stated that he is in opposition to this
ordinance.
Robert Dorado, owner of a barber shop located at 433 South
Waterman Avenue, spoke in opposition to the sign ordinance. He
complained about the $25 fee and stated that he cannot afford to
pay this fee. Mr. Dorado also complained that the City is always
implementing some type of tax for residents.
Burt Trottier, businessman and designer, stated that the
City needs some type of policy and guidelines to address the
abandoned signs and any new signs in San Bernardino. He stated
that the information sent out was confusing and people did not
understand the sign ordinance. Mr. Trottier stated that the
public needs to know the intent of the ordinance to be able to
support it.
Pat Fiorito, owner of Don's American Shoes, 330 W. Highland
Avenue, spoke in opposition to the sign ordinance. She stated
that the abandoned signs are the signs causing the blight
problems and the owners of these signs should have to pay the fee
and be fined. The small business owners with signs in compliance
should not be charged a fee.
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6/18/90
Candy Stallings, owner of Balloons and Stuff, 466 W.
Highland Avenue, spoke in opposition to the sign ordinance. She
suggested that the illegal signs be fined and the signs in
compliance be left alone.
Larry Reed, Director of Planning/Building Services,
explained the sign ordinance. He stated that there were
mistakes in the letter sent out to the public and it should have
contained more background information. He elaborated on the
type of signs that are required to have a sticker and explained
that this ordinance does not apply to every sign in the City.
Mr. Reed apologized to the public for not providing more
information on the program and answered questions of the Council.
The Council discussed the problems encountered with
sign ordinance and the testimony presented today from
business owners.
this
the
City Attorney Penman pointed out that the letters for the
sign ordinance were sent out late and were very misleading. He
also stated that staff is unable to provide better information to
the public regarding the sign ordinance. He stated that based on
these circumstances, his office cannot enforce the ordinance to
collect the fees.
City Attorney Penman answered questions and recommended that
a new ordinance be prepared and submitted to the Legislative
Review Committee. The new ordinance would enable the City to
identify the signs in bad condition and give appropriate notice
to the owner of the sign. The City then would remove the sign
and lien the property for the costs of removal.
Following discussion, Council Member Maudsley made a motion,
seconded by Council Member Estrada and unanimously carried, to
direct the Director of Planning/Building Services not to take any
further action on this sign ordinance and to instruct the City
Treasurer not to collect any additional fees for the sign
ordinance program.
Council Member Maudsley made a motion, seconded by Council
Member Estrada and unanimously carried, to refer the sign and
sticker ordinance program to the Legislative Review Committee.
Council Member Pope-Ludlam made a motion,
Council Member Maudsley and unanimously carried,
fees collected for the sign ordinance program.
seconded by
to return all
The Council requested that when the proposed
presented to the Legislative Review Committee,
organizations be invited to attend the meeting.
ordinance is
the business
7
6/18/90
City Attorney Penman explained to the public the action
taken relative to the sign ordinance. He further stated that the
ordinance will not be enforced and a new ordinance will be
established. The proposed ordinance will be reviewed by the
Legislative Review Committee and the business organizations will
be notified of the date and time of such meeting. In the
meantime, no further fees will be collected.
The City Administrator's Office was directed to
to business organizations informing them of the
Review Committee meeting.
send letters
Legislative
WAIVE FURTHER READING OF RESOLUTIONS AND ORDINANCES
Council Member Reilly made a motion, seconded by Council
Member Pope-Ludlam and unanimously carried, that further reading
of all resolutions and ordinances on the regular, supplemental
and Community Development Commission agendas be waived.
(6 )
COUNCIL MINUTES - MAY 21, 1990
Council Member Reilly made a motion, seconded by Council
Member pope-Ludlam and unanimously carried, that the minutes of
the meeting of the Mayor and Common Council of the City of San
Bernardino held on May 2l, 1990, be approved as submitted in
typewritten form. (7)
PERSONNEL ACTIONS
Council Member Reilly made a motion, seconded by Council
Member pope-Ludlam and unanimously carried, that the personnel
actions submitted by the Chief Examiner, dated June 5, 1990, in
accordance with all administrative regulations of the City of San
Bernardino, be approved. (9)
CLAIMS AND PAYROLL
Council Member Reilly made a motion, seconded by Council
Member Pope-Ludlam and unanimously carried, that the claims and
payrolls, and the authorization to issue warrants as listed on
the memorandum dated June 12, 1990, from the Director of Finance,
be approved. (10)
RECLASSIFY POSITION - PARKING CITATION COORDINATOR TO
TYPIST CLERK III - FACILITIES MANAGEMENT
In a memorandum dated June 4, 1990, Gordon Johnson,
Personnel Director, stated that he had received a request from
Wayne Overstreet, Director of Facilities Management, for
reclassification of the Parking Citation Coordinator position to
a Typist Clerk III position. The Parking Citation Coordinator is
a single position classification, and due to the expansion of
responsibilities in the Facilities Management Department, Mr.
Overstreet felt he could better utilize a generalist position as
8
6/18/90
opposed to the technically oriented Parking Citation Coordinator
position. No financial impact exists since both positions are
paid the same. The Council Personnel Committee approved this
reclassification and recommended full Council approval.
(14)
Council Member Reilly made a motion, seconded by Council
Member Pope-Ludlam and unanimously carried, that one Parking
Citation Coordinator position be deleted and one Typist Clerk III
be added to the Facilities Management Department budget; and that
the Director of Personnel be directed to prepare an amendment
updating Resolutions 6433 and 6413, Section 10.
CONSTRUCTION OF UNDERGROUND STORM DRAIN IN CHESTNUT
AVENUE FROM CABLE CREEK TO VERDEMONT DRIVE AND DEBRIS
BASIN NORTH OF VERDE MONT DRIVE - PUBLIC WORKS PROJECT
NO. 90-07 - ADOPTION OF NEGATIVE DECLARATION & FINDING
OF CONSISTENCY WITH GENERAL PLAN
In a memorandum dated June 6, 1990, Roger Hardgrave,
Director of Public Works/City Engineer, stated that the negative
declaration for Public Works Project No. 90-07 was recommended
for adoption by the Environmental Review Committee. A 21-day
public review period was afforded and no comments were received.
One special mitigation measure is that an archaeological monitor
shall be present during the initial excavation stages, in order
that any cultural deposits encountered can be evaluated and
appropriate data recovery/protection measures implemented if
necessary. (15)
Council Member Reilly made a motion, seconded by Council
Member Pope-Ludlam and unanimously carried, that the negative
declaration and mitigation monitoring and reporting program of
underground storm drain in Chestnut Avenue, from Cable Creek to
Verdemont Drive, and debris basis north of Verdemont Drive, be
adopted; and that a finding be made that the construction of
underground storm drain in Chestnut Avenue from Cable Creek to
Verdemont Drive and debris basin north of Verdemont Drive is
consistent with the General Plan.
FIVE YEAR CAPITAL IMPROVEMENT PROGRAM
THROUGH 1993-94 PUBLIC WORKS PROJECT
ADOPTION OF NEGATIVE DECLARATION &
CONSISTENCY WITH THE GENERAL PLAN
In a memorandum dated June 6, 1990, Roger Hardgrave,
Director of Public Works/City Engineer, stated that the negative
declaration for Public Works Project No. 90-04 was recommended
for adoption by the Environmental Review Committee. A 21-day
public review period was afforded and no comments were received.
(16)
FY 1989-90
NO. 90-04
FINDING OF
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6/18/90
Council Member Reilly made a motion, seconded by Council
Member Pope-Ludlam and unanimously carried, that the negative
declaration for Public Works Project No. 90-04, Five Year
Capital Improvement Program FY 1989/90 - 1993/94, be adopted; and
that a finding be made that the Five Year Capital Improvement
Program for FY 1989/90 - 1993/94 is consistent with the General
Plan.
CONSTRUCTION OF A BOX CULVERT AND STREET IMPROVEMENTS
ON LYNWOOD DRIVE AT SAND CREEK - PUBLIC WORKS PROJECT
NO. 90-18 - ADOPTION OF NEGATIVE DECLARATION & FINDING
OF CONSISTENCY WITH THE GENERAL PLAN
In a memorandum dated June 4, 1990, Roger Hardgrave,
Director of Public Works/City Engineer, stated that the negative
declaration for Public Works Project No. 90-18 was recommended
for adoption by the Environmental Review Committee. A 21-day
public review period was afforded and no comments were received.
(17)
Council Member Reilly made a motion, seconded by Council
Member pope-Ludlam and unanimously carried, that the negative
declaration for Public Works Project No. 90-18, construction of a
box culvert and street improvements on Lynwood Drive at Sand
Creek, be adopted; and that a finding be made that the
construction of a box culvert and street improvements on Lynwood
Drive at Sand Creek is consistent with the circulation of the
General Plan.
RES. 90-219 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
COUNTY OF SAN BERNARDINO RELATING TO THE CITY'S
PARTICIPATION IN THE SHERIFF'S WORK SENTENCE PROGRAM.
( 21)
RES. 90-220 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR
THE DISPOSAL OF ANIMAL CARCASSES FROM STATE HIGHWAYS IN
THE SAN BERNARDINO AREA. (22)
RES. 90-221 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
CALIFORNIA STATE DEPARTMENT OF EDUCATION, FOOD
DISTRIBUTION SECTION FOR COMMODITIES DONATED BY THE
AGRICULTURE MARKETING SERVICE FOR USE WITH THE CITY'S
SUMMER FOOD SERVICE PROGRAM FOR CHILDREN DURING THE
PERIOD OF JULY 2, 1990 THROUGH AUGUST 31, 1990.
(24)
Council Member Reilly made a motion, seconded by Council
Member Pope-Ludlam, that said resolutions be adopted.
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6/18/90
Resolution Nos. 90-219, 90-220 and 90-221 were adopted by
the following vote: Ayes: Counc il Members Estrada, Reilly,
Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None.
Absent: None.
RES. 90-222 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND
COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT
BETWEEN THE CITY AND CASA RAMONA, INC. TO PROVIDE FOR
THE OPERATION OF A DROP-IN CENTER LOCATED AT 1524 WEST
7TH STREET, SAN BERNARDINO, CALIFORNIA. (25)
Council Member Reilly made a motion, seconded by Council
Member pope-Ludlam, that said resolution be adopted.
Resolution
Ayes: Council
Ludlam, Miller.
Absent: None.
No. 90-222 was adopted
Members Reilly, Flores,
Noes: None. Abstain:
by the following vote:
Maudsley, Minor, Pope-
Council Member Estrada.
RES. 90-223 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1990-91 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 951, LANDSCAPING CONSTRUCTION AND
MAINTENANCE DISTRICT, WAGONWHEEL ROAD AREA. (26)
RES. 90-224 A RESOLUTION OF THE CITY OF SAN
BERNARDINO CONFIRMING THE 1990-91 ASSESSMENT ROLL FOR
ASSESSMENT DISTRICT NO. 952, LANDSCAPING CONSTRUCTION
AND MAINTENANCE, STATE COLLEGE PARKWAY (UNIVERSITY
PARKWAY) AREA. (27)
RES. 90-225 A RESOLUTION OF THE CITY OF SAN
BERNARDINO CONFIRMING THE 1990-91 ASSESSMENT ROLL FOR
ASSESSMENT DISTRICT NO. 953, LANDSCAPING MAINTENANCE,
SIXTEENTH STREET BETWEEN MEDICAL CENTER DRIVE (MUSCOTT
STREET) AND CALIFORNIA STREET. (28)
RES. 90-226 A RESOLUTION OF THE CITY OF SAN
BERNARDINO CONFIRMING THE 1990-91 ASSESSMENT ROLL FOR
ASSESSMENT DISTRICT NO. 956, LANDSCAPING MAINTENANCE,
CARNEGIE DRIVE AREA. (29)
RES. 90-227 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1990-91 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 959, LANDSCAPING MAINTENANCE, PORTIONS OF
KENDALL DRIVE, SHAND IN HILLS DRIVE, "F" STREET, AND
LITTLE MOUNTAIN DRIVE (SHANDIN HILLS AREA). (30)
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6/18/90
RES. 90-228 A RESOLUTION OF THE CITY OF SAN
BERNARDINO CONFIRMING THE 1990-91 ASSESSMENT ROLL FOR
ASSESSMENT DISTRICT NO. 962, FOR THE MAINTENANCE OF A
SEWER LIFT STATION IN THE AREA GENERALLY LOCATED
EASTERLY OF PINE AVENUE AND SOUTHERLY OF BELMONT
AVENUE, IN THE CITY OF SAN BERNARDINO. (31)
Council Member Reilly made a motion, seconded by Council
Member Pope-Ludlam, that said resolutions be adopted.
Resolution Nos. 90-223, 90-224, 90-225, 90-226, 90-227 and
90-228 were adopted by the following vote: Ayes: Council
Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam,
Miller. Noes: None. Absent: None.
RES. 90-229 - RESOLUTION OF THE CITY OF SAN
CONFIRMING THE 1990-91 ASSESSMENT ROLL FOR
DISTRICT NO. 963, FOR THE MAINTENANCE OF A
STATION IN PORTIONS OF ALLEN STREET, NORTH
AVENUE IN THE CITY OF SAN BERNARDINO.
BERNARDINO
ASSESSMENT
SEWER LIFT
OF CENTRAL
(32)
RES. 90-230 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1990-91 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 968, LANDSCAPING MAINTENANCE, AIRPORT
DRIVE BETWEEN COMMERCENTER EAST AND COMMERCENTER WEST.
(33)
RES. 90-231 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1990-91 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 969, LANDSCAPING MAINTENANCE, IRVINGTON
AND OLIVE AVENUE AREA. (34)
RES. 90-232 - RESOLUTION OF THE CITY OF SAN BERNARDINO
DECLARING ITS INTENTION TO ORDER THE VACATION OF A
PORTION OF LUGO AVENUE, BETWEEN 4TH STREET AND 5TH
STREET AND RESERVING EASEMENTS FOR PUBLIC UTILITIES AND
SANITARY SEWER THEREIN. (35)
RES. 90-233 - RESOLUTION OF THE CITY OF SAN BERNARDINO
APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO.
14252, LOCATED AT THE SOUTHEAST CORNER OF KENDALL DRIVE
AND SHANDIN HILL CIRCLE, ACCEPTING THE PUBLIC
DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING
EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE
IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR
PERFORMANCE SPECIFIED. (THE ANDEN GROUP) (36)
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6/18/90
RES. 90-234 - RESOLUTION OF THE CITY OF SAN BERNARDINO
APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO.
14253, LOCATED AT THE NORTHEASTERLY CORNER OF SHANDIN
HILL CIRCLE AND SHANDIN HILL DRIVE, ACCEPTING THE
PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND
AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT
FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR
PERFORMANCE SPECIFIED. (THE ANDEN GROUP) (37)
Council Member Reilly made a motion, seconded by Council
Member Pope-Ludlam, that said resolutions be adopted.
Resolution Nos. 90-229, 90-230, 90-231, 90-232, 90-233 and
90-234 were adopted by the following vote: Ayes: Council
Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam,
Millers. Noes: None. Absent: None.
RES. 90-235 - RESOLUTION OF THE CITY OF SAN BERNARDINO
APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO.
14260, LOCATED AT THE NORTHWEST CORNER OF OHIO AVENUE
AND OLIVE AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS
SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE
STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID
SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (ONE
FIFTY LIMITED PARTNERSHIP) (38)
RES. 90-236 - RESOLUTION OF THE CITY OF SAN BERNARDINO
APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO.
14261, LOCATED AT THE NORTHEAST CORNER OF OHIO AVENUE
AND PALM AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS
SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE
STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID
SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (ONE
FIFTY LIMITED PARTNERSHIP) (39)
RES. 90-237 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO ARROW POWER SWEEPING FOR
PROVIDING SWEEPING SERVICES FOR CENTRAL CITY MALL
SURFACE PARKING SPACES AND THREE-LEVEL PARKING
STRUCTURE, AND APPROVING CONTRACT CHANGE ORDER NO. ONE.
(40 )
RES. 90-238 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ADOPTING THE 1989/90 TO 1993/94 CAPITAL IMPROVEMENT
PROGRAM. (See also item 16) (42)
RES. 90-239 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER TO H & H ENTERPRISES FOR THE
FURNISHING AND DELIVERY OF WEED ABATEMENT SERVICES, TO
BE UTILIZED BY THE PUBLIC SERVICE/REFUSE DEPARTMENT IN
ACCORDANCE WITH BID SPECIFICATION F-91-02. (43)
13
6/18/90
RES. 90-240 A RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1
TO AGREEMENT FOR SEWER CONNECTION AND SEWAGE TREATMENT
BETWEEN THE CITY OF SAN BERNARDINO, BOARD OF WATER
COMMISSIONERS OF THE CITY OF SAN BERNARDINO AND JOHN C.
HEERS DEVELOPMENT COMPANY, ADDING LOTS 4 AND 5 OF TRACT
10532-1 TO THE AGREEMENT. (44)
Council Member Reilly made a motion, seconded by Council
Member Pope-Ludlam, that said resolutions be adopted.
Resolution Nos. 90-235, 90-236, 90-237, 90-238, 90-239 and
90-240 were adopted by the following vote: Ayes: Council
Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam,
Miller. Noes: None. Absent: None.
ORD. MC-732 - ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING SECTION 3.52.030 OF THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO THE AMOUNT OF THE UNIFORM
TRANSIENT OCCUPANCY TAX. (FINAL) (45)
Council Member Reilly made a
Member Pope-Ludlam and unanimously
be adopted.
Ordinance MC-732 was adopted by the following vote:
Council Members Estrada, Reilly, Flores, Maudsley, Minor,
Ludlam, Miller. Noes: None. Absent: None.
motion,
carried,
seconded by Council
that said ordinance
Ayes:
Pope-
WAIVER OF STREET BANNER APPLICATION FEE CITY CO-
SPONSORSHIP OF ELKS PARADE - JUNE 23, 1990
In a memorandum dated June 7, 1990, City Administrator
Julian stated that on June 4, 1990, the Mayor and Council
approved the co-sponsorship of the Elks Parade to be held on June
23, 1990. At the time the original request for co-sponsorship
and waiver of attendant fees were approved, the issue of a street
banner promoting the event had not been raised. The sponsors are
now requesting that the $200 street banner application fee be
waived as per Municipal Code Section 16.16.070. (11)
Council Member Estrada made a motion, seconded by Council
Member Pope-Ludlam, that the request for a waiver of the street
banner application fee of $200 in connection with the City co-
sponsorship Elks Parade on June 23, 1990, be approved.
The motion carried by the following vote: Ayes:
Members Estrada, Reilly, Pope-Ludlam, Miller. Noes:
Members Flores, Maudsley, Minor. Absent: None.
Council
Council
14
6/18/90
CO-SPONSORSHIP OF SOAP BOX DERBY & WAIVER OF FEES-
JULY 14, 1990
In a memorandum dated June 7, 1990, City Administrator
Julian provided information regarding the Inland Empire Soap Box
Derby to be held on July 14, 1990. Insurance and other
requirements are in order. The total cost being requested for
waiver is $1,025. If the Mayor and Council wish to absorb these
costs, it is recommended that the necessary funds be an expense
against Account No. 001-092-53030, Nondepartmental, Special
Projects. (12)
City Administrator Julian answered questions regarding where
the funds in the non-departmental account come from and the
amount of funds available in this account.
A discussion ensued regarding the amount of funds stipulated
in the backup attached to the staff report relative to the use of
Police staff. The Council also discussed the total cost for this
event and the amount the Inland Empire Soap Box Derby would have
to payout.
It was pointed out that
be refunded to the Inland
barricades are returned.
the $185 for barricade deposit will
Empire Soap Box Derby when the
Council Member Pope-Ludlam made a motion, seconded by
Council Member Estrada, that the Inland Empire Soap Box Derby,
July 14, 1990, be co-sponsored by the City as a promotional
event; and that the police overtime costs, costs of barricade
placement by Public works, and the cost of trash receptacle
placement by the Public Services Department in the amount of
$840, be funded from Account No. 001-092 Nondepartmental; and
that the request from the sponsors of the Inland Empire Soap Box
Derby that the refundable cost of barricade deposit in the amount
of $185 be waived, be denied.
The motion carried by the following vote: Ayes:
Members Estrada, Reilly, Pope-Ludlam, Miller. Noes:
Members Flores, Maudsley, Minor. Absent: None.
Council
Council
RECESS MEETING
At 11:00 a.m., Mayor Pro Tempore Miller declared a ten-
minute recess.
RECONVENE MEETING
At 11:10 a.m., Mayor Pro Tempore Miller 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.
15
6/18/90
ROLL CALL
Roll call was taken by City Clerk Clark with the following
being present: Mayor Pro Tempore Miller; Council Members
Estrada, Flores, Maudsley, Minor, Miller; Sr. Assistant City
Attorney Barlow, City Clerk Clark, City Administrator Julian.
Absent: Mayor Holcomb; Council Members Reilly, Pope-Ludlam.
COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY
AND JOINT POWERS FINANCING AUTHORITY - REGULAR MEETING
At 11:10 a.m., the Regular Meeting of the Community
Development Commission and Joint Powers Authority was called to
order by Chairman Miller in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
NEW FRONTIER COMMITMENT LETTER/DRAFT DDA NORTHWEST
SHOPPING CENTER
In a staff report dated June 18, 1990, Robert Temple,
Acting Executive Director, Redevelopment Agency, stated that it
appears that New Frontier will be successful in completing its
obligations to attract a supermarket tenant at the northwest
corner of Baseline Street and Medical Center Drive. New Frontier
will submit the required development concepts within the amended
time frames of their exclusive right to negotiate. The
integrity of the UDAG is dependent upon continued, timely
progress and it is critical that the Agency begin drafting a
proposed development agreement. The final numbers will vary
somewhat according to the size of the selected supermarket but
drafting can start because staff has been negotiating a concept
with the developer that will serve as a framework for final
numbers when they are established. A letter of commitment from
New Frontier sets forth the specific deal points for the proposed
development agreement. (R-7A)
COUNCIL MEMBERS REILLY AND POPE-LUDLAM RETURNED
At 11:15 a.m., Council Members Reilly and Pope-Ludlam
returned to the Council meeting and took their place at the
council table.
Council Member Flores made a motion, seconded by Council
Member Minor and unanimously carried, that the Mayor and Common
Council approve the recommended deal points for a development
agreement with New Frontier, Inc.
EXECUTION OF LOAN AGREEMENT - ACCEPTANCE OF A DEED OF
TRUST FROM THE SAN BERNARDINO WATER DEPARTMENT - JOINT
POWERS FINANCING AUTHORITY
In a staff report dated June 13, 1990, Robert Temple,
Acting Executive Director, Redevelopment Agency, requested
approval for the Agency to loan to the Joint Powers Financing
Authority the sum of $4,965,000 on June 18, 1990 in turn to be
loaned to the San Bernardino Water Department for the purchase of
property. The property, located in the Central Ci ty South
16
6/18/90
Project Area on Orange Show Road, will be purchased with tax
increment funds from the Southeast Industrial Park Project Area,
to be repaid by the Joint Powers Financing Authority when funds
are received from the Water Department. The notes with the JPFA
and with the Water Department are at an interest rate of 8 1/4%
per annum with all principal and interest due and payable on June
18, 1991, and secured by a deed of trust. (R-8)
Robert Temple, Acting Executive Director, Redevelopment
Agency, explained the basis for the loan is that the Water
Department does not have the $4,965,000 available for the
purchase of property on Orange Show Road as a future site for
use by the Water Department.
RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING
AUTHORITY, AUTHORIZING THE EXECUTION OF A LOAN
AGREEMENT WITH THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO. (R-8B)
RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING
AUTHORITY APPROVING A LOAN OF $4,965,000 TO THE SAN
BERNARDINO CITY WATER DEPARTMENT AND ACCEPTING A DEED
OF TRUST FROM THE DEPARTMENT. (R-8C)
Senior Assistant City Attorney Barlow informed the Council
that since posting the agenda, the matter arose concerning a loan
to the Water Department of $4,965,000 for purchase of property.
He noted that the property would be in the name of the City, but
the City would not be responsible for payment of the note.
The Council discussed the circumstances involved in
continuing this matter to the next Council meeting on June 25,
1990. The Council also questioned the availability of funds in
the Water Department.
Mr. Barlow stated that these resolutions can be continued to
this afternoon to enable Mr. Temple to speak with Bernie Kersey,
General Manager, Water Department, on the availability of funds
in the Water Department.
Council Member Reilly made a motion, seconded by Council
Member Minor and carried unanimously, to continue the resolutions
authorizing the execution of a loan to the Water Department to
this afternoon. (See page 40)
RES. 90-241 - A RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO CERTIFYING THE
COMPLETION OF A FINAL ENVIRONMENTAL IMPACT REPORT FOR
THE MT. VERNON CORRIDOR REDEVELOPMENT PROJECT. (R-9C)
17
6/18/90
RES. 90-242 - A RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO FINDING THAT THE
USE OF TAXES ALLOCATED FROM THE MT. VERNON CORRIDOR
REDEVELOPMENT PROJECT FOR THE PURPOSE OF IMPROVING AND
INCREASING THE COMMUNITY'S SUPPLY OF LOW AND MODERATE
INCOME HOUSING OUTSIDE THE PROJECT AREA WILL BE OF
BENEFIT TO THE PROJECT. (R-9D)
RES. 90-243 - A RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO, OVERRULING ORAL
OBJECTIONS AND ADOPTING FINDINGS AND RESPONSES TO
WRITTEN OBJECTIONS TO THE REDEVELOPMENT PLAN FOR THE
MT. VERNON CORRIDOR REDEVELOPMENT PROJECT AREA. (R-9E)
Council Member Flores made a motion, seconded by Council
Member Estrada, that said resolutions be adopted.
Resolution Nos. 90-241, 90-242 and 90-243 were adopted by
the following vote: Ayes: Estrada, Reilly, Flores, Maudsley,
Minor, Miller. Noes: None. Abstain: Council Member Pope-
Ludlam. Absent: None.
ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING AND ADOPTING A
REDEVELOPMENT PLAN FOR THE MT. VERNON CORRIDOR
REDEVELOPMENT PROJECT AREA AS THE OFFICIAL
REDEVELOPMENT PLAN FOR SAID PROJECT AREA. (R-9F)
(FIRST)
Council Member Flores
Member Estrada, that said
passage.
made a motion, seconded
ordinance be laid over
by Council
for final
The motion
Member Estrada,
None. Abstain:
carried by the following vote: Ayes: Council
Reilly, Flores, Maudsley, Minor, Miller. Noes:
Council Member Pope-Ludlam. Absent: None.
RECESS MEETING
At 12:12 p.m., Council Member Minor made a motion, seconded
by Council Member Reilly and unanimously carried, that the
meeting be adjourned to the luncheon workshop in the Management
Information Center, Sixth Floor, 300 North "D" Street, San
Bernardino, California.
RECONVENE MEETING - LUNCHEON WORKSHOP
At 12:35 p.m., Mayor Pro Tempore Miller called the luncheon
workshop to order in City Hall in the Management Information
Center, Sixth Floor, 300 North "D" Street, San Bernardino,
California.
18
6/18/90
ROLL CALL
Roll call was taken by City Clerk Clark with the following
being present: Mayor Pro Tempore Miller; Council Members
Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller;
City Attorney Penman, City Clerk Clark, City Administrator
Julian. Absent: Mayor Holcomb.
LUNCHEON WORKSHOP - 1990/91
This is the time and place
finalizing the 1990/91 budget.
BUDGET FINALIZATION
set for a luncheon workshop
(56 )
for
Marshall Julian, City Administrator, outlined the budget
presentations schedule for this luncheon workshop.
Roger Hardgrave, Director of Public Works/City Engineer,
explained the sewer construction fund and answered questions.
He stated that in talking with the Finance Department, the third
column entries with a zero balance are projects that to date no
money has been spent and will be carried over to the next fiscal
year. He also answered questions regarding projects being
postponed and why they have not begun construction.
Mr. Hardgrave spoke regarding the sewer siphons along the
Santa Ana River wash and the problems encountered due to grease
build up from the restaurants in the Hospitality Lane area, which
requires frequent maintenance on the sewer lines. He explained
that all restaurants should have a grease trap, that is properly
maintained and functioning, to capture a majority of the grease
before entering the sewer line.
Discussion ensued regarding the increasing
restaurants along Hospitality Lane and the amount
left in the sewer lines because of this increase.
number of
of capacity
Bernie Kersey, General
the problems with the South
often the industrial waste
area.
Manager, Water Department, outlined
"E" Street siphon and explained how
inspections are conducted in this
Discussion ensued regarding the penalties for sewage
spills.
Mr. Kersey explained that there are two funds in the Water
Department, one is the water fund and the other is the sewer
fund. The water fund has a balance of $314,000 in the reserves
and there is $16 million in the sewer fund for capital
expansion.
Police Department Budoet
Dan Robbins, Chief of Pol ice, spoke regarding the
expenditure of the Assessment District No. 994, street lighting
and street sweeping funds if the district is approved.
19
6/18/90
Dan Robbins, Chief of Police, distributed a memorandum dated
June 18, 1990, from Wayne Harp, Assistant Chief, outlining the
$1,500,000 for additional police personnel and equipment and the
$500,000 for police benefits which would occur with the adoption
of the assessment district.
The
computer
terminals
Council discussed the Police Department's current
system and available port capacity for additional
to support additional police personnel.
The Council discussed decreasing the response time for
emergency calls.
Shauna Clark, City Clerk, explained why the additional
police personnel is being proposed through a street lighting and
street sweeping assessment district.
No action was taken.
RECESS MEETING
At 1:50 p.m., Mayor Pro Tempore Miller recessed the
luncheon meeting until 2:00 p.m., in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
RECONVENE MEETING
At 2:06 p.m., Mayor Pro Tempore Miller
Regular Meeting of the Mayor and Common Council
Chambers of City Hall, 300 North "D" Street,
California.
reconvened the
in the Council
San Bernardino,
ROLL CALL
Roll call was taken by City Clerk Clark with the following
being present: Mayor Pro Tempore Miller; Council Members
Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller;
Deputy City Attorney Empeno, City Clerk Clark, City Administrator
Julian. Absent: Mayor Holcomb.
APPEAL - BOARD OF BUILDING COMMISSIONERS' DECISION TO
ORDER ABATEMENT OF WEEDS AND DEBRIS PROPERTY AT
CALIFORNIA AND HIGHLAND AVENUE - POYU SU
In a memorandum dated May 29, 1990, Manuel Moreno, Jr.,
Director of Public Services, stated that on November 10, 1989, a
"Notice to Clean Premises" was mailed to Mr. poyu Suo The
property was not cleaned within the ten days of the notice and a
notice of non-compliance was mailed to Mr. Suo The City abated
the weeds and debris at the property on California and Highland
Avenue. The cost of the abatement was $2,138.80. Based on the
evidence, the Board unanimously voted to assess the $2,138.80
against the property and ordered that a lien be placed on the
property, if the assessment was not paid. (60)
20
6/18/90
Manuel Moreno Jr., Director of Public Services, gave the
background relative to the appeal and presented copies of the
weight tickets for trips to the landfill.
DEPUTY CITY ATTORNEY EMPENO EXCUSED
Deputy City Attorney Empeno was excused and was replaced by
City Attorney Penman.
Mr. poyu Su, owner of the property at California and
Highland Streets, stated that he felt the cost for clean up of
the property was much too high. He presented pictures of the
premises before the clean up and after. He stated that he chose
to use City forces for the clean up, because he did have enough
time to find someone to do it, and did not think it would cost
$2,138.80.
City Attorney Penman referred to the letter sent from Mr.
poyu Su authorizing the City to do the clean up. He pointed out
that the City fee is higher in order to eliminate property owners
from utilizing the City forces. If the fee were not higher than
private industry, then property owners would use those services
and the City would be cleaning the entire City.
Council Member Reilly made a motion, seconded by Council
Member Flores and unanimously carried, that the appeal of Mr.
poyu Su relative to the assessment made by the Board of Building
Commissioners with regard to the abatement of weeds and debris
from property located at California and Highland Avenue be denied
and the decision of the Board of Building Commissioners be
upheld.
PROPOSED VACATION OF A PORTION OF EDGEHILL ROAD, EAST
OF LITTLE MOUNTAIN DRIVE - AUTHORIZATION TO PROCEED AND
PLAN APPROVAL
In a memorandum dated June 6, 1990, Roger Hardgrave,
Director of Public Works/City Engineer, stated that a request was
received from the Edgehill Village Homeowners' Association
through the Edgehill Management Corporation to vacate Edgehill
Road, east of Little Mountain Drive. This request comes as a
result of the murder of one of the property owners last
December. Two hundred and seventy-six condominium unit owners
were polled and 80% have agreed with the proposed vacation. The
Edgehill Management Corporation has provided a street condition
report that indicates an amount of approximately $3,300 needs to
be spent in maintenance and repairs to the street prior to the
completion of the street vacation. (61)
21
6/18/90
Council Member Reilly made a motion, seconded by Council
Member Pope-Ludlam and unanimously carried, that the proposed
vacation of a portion of Edgehill Road, east of Little Mountain
Drive be continued to the July 2, 1990 meeting in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino,
California.
PUBLIC HEARING - DISCUSS RATE INCREASE FOR RESIDENTIAL
AND COMMERCIAL REFUSE COLLECTION
This is the time and place set for discussion and possible
adoption of resolution increasing the rate for residential and
commercial refuse collection. (46)
RES. 90-244 - RESOLUTION OF THE CITY OF SAN BERNARDINO
FIXING AND DETERMINING THE FEES AND CHARGES TO BE
CHARGED FROM THE COLLECTION AND DISPOSAL OF REFUSE, AND
REPEALING RESOLUTION NO. 89-255 AND AMENDMENTS THERETO,
AND PROVISIONS FOR AUTOMATED RESIDENTIAL REFUSE
COLLECTION. (46)
Mayor Pro Tempore Miller opened the hearing.
Mayor Pro Tempore Miller stated that the City must raise its
refuse fees because of an arbitrary decision of the Board of
Supervisors to raise the tipping fees to $21.00 a ton.
Manuel Moreno, Jr., Director of Public Services, explained
how much the refuse fees would be increased for residential and
commercial and why the fees are being increased.
The Council discussed the total budget needed to operate the
Refuse Division.
Manuel Moreno, Jr., answered questions regarding the
feasibility of utilizing an outside contractor for maintenance of
the refuse trucks to cut down operating costs.
A discussion ensued regarding the ability to maintain the
refuse fee at the present rate.
Manuel Moreno answered questions regarding the refuse fee
for mobile home units.
A discussion ensued regarding the potential for an increase
in the refuse fee next year.
City Administrator Julian answered questions regarding the
County increasing the surcharge for the County's vehicle
abatement program, stating that the County did increase the
environmental fee under which the vehicle abatement program is
funded for unincorporated territories.
22
6/l8/90
Council Member Pope-Ludlam made
Council Member Estrada and unanimously
be closed.
a motion, seconded by
carried, that the hearing
Council Member Reilly made a motion, seconded by Council
Member Minor, that said resolution be adopted.
Resolution No. 90-244 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor,
Pope-Ludlam, Miller. Noes: None. Absent: None.
CITY ATTORNEY PENMAN EXCUSED
City Attorney Penman left the meeting and was replaced by
Deputy City Attorney Empeno.
APPEAL - PLANNING COMMISSION'S DENIAL OF VARIANCE NO.
89-3 CONSIDERATION OF REVIEW OF PLANS NO. 89-49-
CONSTRUCTION OF A PARKING LOT WITHOUT PAVING-
CONTINUED FROM DECEMBER 18, 1989
This is the time and place continued to for an appeal filed
by Econo Lodge regarding Planning Commission's denial of Variance
No. 89-3, construction of a parking lot without paving and review
of plan 89-49 located at the northwest corner of Fairway Drive
and Camino Real. (62)
In a memorandum dated June 4, 1990, Larry Reed, Director of
Planning/Building Services, stated that on December 18, 1989,
the applicant, M. P. Rama, requested the Mayor and Council
approve for a period of six months, a variance to enable
construction of a parking lot, (Review of Plan No. 89-49), using
slag instead of the required asphalt. The purpose of the
temporary variance was to allow for installation of curb, gutter,
driveway and landscaping improvements which is Phase I of the
project. Phase II of the project, the asphalt paving, was to
occur at the end of the six month period, after business had been
increased which was to provide revenue to cover the expense of
paving. Based on the recommendation of the City Attorney's
office, rather than approve the variance for a six month period,
the Mayor and Council continued the variance for the six months
to allow the phased construction of the parking lot.
Mayor Pro Tempore Miller opened the hearing.
Larry Reed, Director of Planning/Building Services, gave the
background of the appeal filed by Econo Lodge and referred to a
letter dated June 13, 1990, addressed to the Mayor concerning a
dedication of a fifteen foot drainage easement.
Deputy City Attorney Empeno stated that the Attorney's
Office is in opposition to granting a continuance. He stated
that six months ago the Attorney's Office did recommend that
this variance be continued to allow the applicant to show good
faith effort in phasing the construction of the parking lot. To
23
6/18/90
this date that effort has not been shown. Therefore, Mr. Empeno
recommended that the Planning Commission's decision be upheld.
Pat Fussell, representative of JHM Inland Empire, Inc.,
Greenville, South Carolina, gave the history of problems
encountered with the fifteen foot easement negotiations to enable
the construction of the parking lot. He stated that the
problems have been resolved and they are ready to construct the
parking lot. Mr. Fussell answered questions regarding the type
of material to be used to construct the parking lot.
It was pointed out that the six month extension given on
December 18, 1989, was to enable the company to construct the
slag parking lot, but that construction was never done.
COUNCIL MEMBER ESTRADA EXCUSED
At 2:45 p.m., Council Member Estrada left the Council
meeting.
A discussion ensued regarding the number of extensions the
applicant has received for the construction of the parking lot.
City Attorney Penman explained to the Council that this is
the second continuance that has been granted to this project and
given the historical background, he recommended that another
continuance should not be granted.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Flores and unanimously carried, that the hearing
be closed.
COUNCIL MEMBER ESTRADA RETURNED
Council Member Estrada returned to the Council meeting and
took her place at the council table.
A discussion ensued regarding requirements for the drainage
easement.
Council Member Flores made a motion, seconded by Council
Member Maudsley, that the appeal be denied, and that Variance No.
89-3 be denied subject to the findings of fact contained in
Attachment C.
The motion carried by the following vote:
Members Estrada, Reilly, Flores, Maudsley, Minor,
Council Member Pope-Ludlam. Absent: None.
Ayes: Council
Miller. Noes:
24
6/18/90
APPEAL - CONDITIONAL USE PERMIT 86-26 AND TENTATIVE
TRACT 13365 - 42 CONDOMINIUM UNITS - CONTINUED FROM
DECEMBER 18, 1989 EAST SIDE OF DEL ROSA AVENUE,
NORTH OF MARSHALL BLVD.
This is the time and place continued to for an appeal filed
by Darwin K. Pearson regarding Planning Commission's denial of
extension of time for Conditional Use Permit 86-26 and Tentative
Tract 13365 for development of 42 condominium units. (63)
Larry Reed, Director of Planning/Building Services,
explained that on June 4, 1990, the Mayor and Common Council
considered a revised version of Conditional Use Permit No. 86-26.
At that meeting the Mayor and Common Council approved the
following action: That the hearing be closed, that the appeal be
upheld; and that the extension of time until June 4, 1991, for
the revised Conditional Use Permit No. 86-26 for a 42 unit
apartment complex be approved, subject to the findings of fact,
conditions of approval, and standard requirements contained in
the May 8, 1990, Planning Commission staff report.
Council Member Estrada made a motion, seconded by Council
Member Flores and unanimously carried, that the hearing be
closed; and that the appeal be denied without prejudice.
CONDITIONAL USE PERMIT NO. 89-5 - ADAMS ADVERTISING-
REQUEST PERMISSION TO REMOVE BILLBOARD AT 237 EAST 5TH
STREET - REPLACE WITH A 42 FOOT BILLBOARD ADJACENT TO
1-10 FREEWAY AT 464 EAST REDLANDS BOULEVARD - CONTINUED
FROM APRIL 16, 1990
This is the time and place continued to for consideration of
Conditional Use Permit No. 89-5, requested by Adams Advertising
for permission to remove a billboard at 237 East 5th Street and
replace with a 42 foot billboard adjacent to 1-10 Freeway at 464
East Redlands Boulevard. (64)
Larry Reed, Director of Planning and Building Services,
stated that a letter was received from Adams Advertising
requesting a continuance to the meeting of August 20, 1990.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Minor and unanimously carried, that Conditional
Use Permit No. 89-5 removal of a billboard at 237 East 5th Street
be continued to the meeting of August 20, 1990, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino,
California.
APPEAL - CONDITIONAL USE PERMIT NO. 90-15 - SALE OF
BEER AND WINE - MOHAMMAD KHAN - 804 W. HIGHLAND AVENUE
This is the time and place set to hear an appeal filed by
Mr. Mohammad Khan regarding Planning Commission's denial of
Conditional Use Permit No. 90-15 for the sale of beer and wine
for off-site consumption in an existing mini-market located at
804 West Highland Avenue. (65)
25 6/18/90
In a memorandum dated May 22, 1990, Larry Reed, Director,
Planning/Building Services, stated that the staff report
concluded that due to low concentration of off-sale alcohol
licenses in the area, the below average crime statistics for the
area and the conditions proposed by staff, that approval of
C.U.P. No. 90-15 should not result in the detriment to the
health, safety and general welfare of the residents in the area.
However, the Planning Commission was concerned about the close
proximity of the market to residents and schools, and that the
existing problem of panhandling and loitering in the area would
become aggravated by the granting of the C.U.P.
Larry Reed, Director of Planning/Building Services, gave the
background of the appeal for Conditional Use Permit 90-15. He
also answered questions regarding the Police Department's
approval of the sale of beer and wine for this mini-market. Mr.
Reed stated that there are conditions that must be complied with
to enable mini-markets to sell beer and wine.
It was pointed out that in his letter of May 17, 1990,
Mohammad Kahn, quoted Mr. Reed as saying that "due to the low
concentration of off-sale alcohol licenses in this census tract,
the below average crime statistics for the area, and the
conditions proposed by staff, approval of C.U.P. 90-15 should not
result in a detriment to the health, safety and general welfare
of the residents in the area."
Mr. Reed stated that this quote was taken from the staff
report dated May 22, 1990.
Steven Jameson, 9019 Sierra Way, Fontana, attorney
representing Mr. Mohammad Kahn, asked the Council to approve the
sale of beer and wine. He presented a petition containing 75
signatures supporting the sale of alcohol at this mini market.
The Council discussed the fact that many of the signers on
the petition did not reside in the immediate area of the mini-
market.
Mr. Jameson explained that the crime statistics indicated
that the overall crime rate in this area is about 26% below the
average, in which the ABC would allow up to seven licenses in the
area and only five exist at the present time. Mr. Jameson
stated that Mr. Mohammad Kahn is in agreement with any conditions
set forth by the Police Department.
The Council discussed imposing an additional condition
recommending that the sale of beer and wine be reviewed in one
year to see if the crime rate increases in this area.
A discussion ensued regarding the sale of beer and wine in
other major stores in the area.
26
6/l8/90
Barbara Fiori, 827 W. 23rd Street, San Bernardino, spoke in
opposition to the sale of alcohol at the mini-market and stated
that the protest is against the sale of alcohol, not against Mr.
Kahn. Ms. Fiori outlined the number of crimes that have
occurred in the area. She also presented a petition containing
signatures of local residents opposed to the sale of beer and
wine.
Steve Nudor, 1265 Kendall Avenue, Apt. No. 305, San
Bernardino, spoke in support of the sale of beer and wine at the
mini-market. He stated that he previously managed a store next
to Mr. Kahn's mini-market and that Mr. Kahn is a honest and
responsible businessman and should be given the opportunity to
compete with other stores in the area.
Mike Esque, 789 W. 23rd Street, San Bernardino, spoke in
opposition to the sale of beer and wine at this mini-market. He
stated that just because the crime rate is low does not mean that
the sale of beer and wine should be allowed.
There
Martinez,
alcohol at
time.
was some discussion regarding whether or not Mr.
who had previously testified against the sale of
the mini-market was still opposed or in favor at this
Council Member Minor made a motion, seconded by Council
Member Estrada and unanimously carried, that the appeal of
Conditional Use Permit No. 90-15 for the sale of beer and wine be
continued to the meeting of July 2, 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.
POLICY RELATIVE TO ARCHIVING VIDEO CASSETTE TAPES-
COUNCIL MEETINGS
In a memorandum dated June 12, 1990, Marshall Julian, City
Administrator, stated that on June 4, 1990, the Mayor and Council
referred the setting of a policy to archive video cassette tapes
of Council meetings to the Legislative Review Committee. The
Legislative Review Committee recommended approval of the policy
to archive 3/4" master video cassette recordings of Council
meetings for a period of five years after which said tapes would
be recycled. (13)
27 6/18/90
Council Member Reilly made a motion, seconded by Council
Member Estrada and unanimously carried, that the City Attorney be
instructed to prepare a resolution stating that all 3/4" master
video cassette recordings of the City Council meetings produced
by the Telecommunications Division be archived (stored) for a
period of five (5) years, after which time they will be recycled;
and that the responsibility for archiving said recordings remain
with the Telecommunications Division.
COUNCIL MEMBER POPE-LUDLAM RETURNED
Council Member Pope-Ludlam returned to the Council meeting
and took her place at the council table.
CONTRACT CHANGE ORDER NO. ONE SECURITY PATROL-
PORTIONS OF HIGHLAND & ARDEN AREA - BLANKET SECURITY
In a memorandum dated June 4, 1990, Roger Hardgrave,
Director of Public Works/City Engineer, stated that on March 21,
1990, Resolution No. 90-84 was adopted, awarding a contract for
security services to Parker Protective Services and Investments
Corp. dba Blanket Security within the boundaries of Assessment
District No. 990 in the Highland and Arden area. The term of the
contract was from April 8, 1990 through June 30, 1990. The
special provisions provided that the contract may be extended for
up to two one-year periods, by mutual consent of the City and the
contractor. Contract Change Order No. One extends the term of
the contract from July 1, 1990 through June 30, 1991. (18)
CITY ATTORNEY PENMAN RETURNED
City Attorney Penman returned to the Council meeting and
replaced Deputy City Attorney Empeno.
City Attorney Penman stated that there is a problem with
this proposed change order. In effect, it is an extension of
the agreement and the agreement can only be extended by amendment
to the agreement. He further stated that there was to be
additional work to be performed on the specifications under the
original contract.
Roger Hardgrave, Director of Public Works /Ci ty Engineer,
answered questions regarding a continuance of this request for a
change order. He stated that it should be continued to the June
25, 1990 meeting, because if continued to the July 2, 1990
meeting there would be a period in which there will not be any
security services in this area as the contract expires on June
30, 1990.
City Clerk Clark explained why a change order is being
requested by Engineering and why the City Attorney is requesting
that it be done by resolution. Either way, it accomplishes the
same thing.
28
6/18/90
A discussion ensued regarding
month instead of one year to allow
of Public Works to resolve the
resolution format.
Roger
termination
patrol.
extending the contract for one
the City Attorney and Director
issue of a change order or
Hardgrave
clause in
answered questions regarding a 30-day
the contract agreement for the security
The Council discussed the crime rate in this Assessment
District No. 990 area.
Council Member Maudsley made a motion, seconded by Council
Member Minor and unanimously carried, that the request for a
change order for security patrol in Assessment District No. 990,
be continued to later in the meeting to allow time to confer with
the Chief of Police regarding the crime rate in this area and his
possible concerns. (See page 36)
ORDERS OF BOARD OF BUILDING COMMISSIONERS' MEETING OF
JUNE 1, 1990
Council Member Maudsley made a motion, seconded
Member Reilly, that the following BBC orders from the
June 1, 1990, be filed:
BBC 1383
BBC 1384
BBC 1385
BBC 1386
BBC 1387
BBC 1389
BBC 1390
BBC 1391
BBC 1392
BBC 1393
BBC 1394
BBC 1395
BBC 1396
BBC 1397
BBC 1398
BBC 1399
BBC 1400
BBC 1401
BBC 1402
BBC 1403
BBC 1404
BBC 1405
BBC 1406
BBC 1407
BBC 1408
Roy E. Byrne
John Wright
Church of God in Christ
Alice Wilson
Richardo Beltran Mejia
New York Guardian Mtg. Corp.
William P. Leamy
Ignacio Ibarra Mendez
Anna Dorthea Steele
Mr. J. D. Keifer/
Beneficial Management
Robert E. Weiss, Inc.
Ping Chuan & Yii Cheng
South Hills Mortgage Corp.
c/o George Petrokowitz
Johnny Cole, Jr.
Michael & Suzanne Ludwikoski
Clarence & Mary Wheeler
Lizzie Tucker/Ruth Hinkle
Ray Du Boc Ali
Sara Harding/Richard Gill Co.
A. Fulgieri/Nancy Guinan
Roscoe Jackson
Peter Savell/James La Peter
Fred & Gail Valentine
Anita Maltbie
Nick Bobo
29
by Council
meeting of
(19)
345 Wabash
5194 Louise Street
955 W. 7th Street
881 North "G" Street
835 N. Mayfield
1311 N. Lugo
1383 W. Vine Street
1285 E. 39th Street
407 S. Arrowhead
537 W. Victoria
570 W. 9th Street
963 W. Highland
1602 N. "H" Street
2123 W. Lincoln
4495 N. Sepulveda
1165 N. Tiajuana
1348 N. Davidson
1260 W. Rialto
669 N. "G" Street
1379 N. Arrowhead #6
1731 Mallory
671 W. Temple
2012 N. "F" Street
778 N. Mt. Vernon
1199 Belleview
6/18/90
BBC 1409
BBC 1410
BBC 1411
BBC 1412
BBC 1413
BBC 1414
Enos Dennis
Alexis & Elaine Tanner
Elena Rodriguez
Barush & Jo Anne Babai
Ray F. Buchholtz
Wai Vin Rangle Cha
943 N. Pennsylvania
372 W. 10th Street
1360 W. Victoria
2568 E. Piedmont Dr.
664 W. 10th Street
1263 N. Mt. Vernon
The motion carried by the following vote: Ayes: Council
Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes:
Council Member Pope-Ludlam. Absent: None.
GEOLOGIC EVALUATION OF POTENTIAL LANDSLIDE AREAS - SAN
MANUEL FIRE NORTH OF PATTON HOSPITAL GARY S.
RASMUSSEN & ASSOCIATES
In a memorandum dated May 30, 1990, Roger Hardgrave,
Director, Public Works/City Engineer, stated that the U.S. Forest
Service routinely prepares a Burn Area Report for every major
fire. During the assessment of the report for the San Manuel
Fire, the resource geologist for the U.S. Forest Service became
concerned about potential stability problems for fire areas
within the burn. This concern prompted the geologist to write a
letter advising the City of the potential for landslides within
these areas. This evaluation concludes, in part, that complete
failure of these order slides is not expected, and recommended
that a debris basin be provided for the central watercourse,
generally along Bangor Street. (20)
City Attorney Penman expressed his concerns regarding the
geologic evaluation report of potential landslide areas. He
stated that the plan to include a future debris basin in the
Capital Improvement Program is not enough. The City needs to be
aware that this leaves the City with a lot of exposure in the
event of a disaster.
The Council discussed glvlng the construction of a debris
basin a higher priority and possible funding.
Roger Hardgrave, Director of
answered questions regarding the
construction of the debris basin.
Public
amount
Works/City Engineer,
of funds needed for
Council Member Reilly made a motion, seconded by Council
Member Maudsley and unanimously carried, that the Director of
Public works/City Engineer be directed to come back with cost
estimates, financing plan and phasing program for the debris
basin at the meeting of July 2, 1990, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
30
6/18/90
RES. 90-245 - 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. (BUILDING ABATEMENTS - 955 W. 7TH
ST., 1684 W. 8TH ST., 570 W. 9TH ST., 1811 W. 9TH ST.,
372 W. 10TH ST., 1944 W. 17TH ST., 407 S. ARROWHEAD
AVE., 1379 N. ARROWHEAD AVE. #6, 1199 W. BELLEVIEW,
630 E. CENTRAL AVE., 1348 N. DAVIDSON AVE., 669 N. "G"
ST., 1602-20 N. "H" ST., 963 W. HIGHLAND, 1031 S.
LINCOLN, 2123 W. LINCOLN, 1306 N. LUGO, 1311 N. LUGO
AVE., 1731 MALLORY ST., 778 N. MT. VERNON AVE., 1263 N.
MT. VERNON AVE., 943 N. PENNSYLVANIA, 2568 E. PIEDMONT
DR., 1260 W. RIALTO AVE., 4495 N. SEPULVEDA AVE., 671
W. TEMPLE, 1165 N. TIAJUANA ST., 537 W. VICTORIA AVE.,
1360 W. VICTORIA, 1383 W. VINE ST., 345 WABASH).
(23)
Council Member Maudsley made a motion, seconded by Council
Member Minor, that said resolution be adopted.
Resolution No. 90-245 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor,
Miller. Noes: Council Member Pope-Ludlam. Absent: None.
RES. 90-246 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO MENTONE TURF SUPPLY FOR
MAINTENANCE OF LANDSCAPING IN CENTRAL CITY MALL, AREAS
ADJACENT TO CITY HALL, CENTRAL CITY WEST, ANIMAL
SHELTER, "E" STREET MEDIAN, SECOND STREET MEDIAN, "E"
STREET BEAUTIFICATION, CENTRAL LIBRARY, THIRD AND
FOURTH STREET MEDIANS, POLICE DEPARTMENT, SENIOR
CITIZENS CENTER AND STURGES AUDITORIUM. (41)
Council Member Flores made a motion, seconded by Council
Member Estrada, that said resolution be adopted.
Resolution No. 90-246 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor,
Pope-Ludlam, Miller. Noes: None. Absent: None.
COUNCIL MEMBER REILLY EXCUSED
Council Member Reilly left the Council meeting.
PROTEST HEARING - PROPOSED STREET VACATION - A PORTION
OF 5TH STREET BETWEEN DALLAS AVENUE & MERIDIAN AVENUE
This is the time and place set for a protest hearing
regarding a proposed vacation of 5th Street between Dallas Avenue
and Meridian Avenue. (47)
31
6/18/90
In a memorandum dated June 12, 1990, Roger Hardgrave,
Director of Public Works/City Engineer, stated that he had
received a request from Mr. Hsu Hao-Shih, the owner of property
located on 5th Street, between Dallas Avenue and Meridian Avenue
to vacate a portion of 5th Street. This portion of 5th Street
separates two areas of Mr. Hao-Shih' s property which he would
like to develop. It is a "paper street" and does not exist on
the ground. No other property owners are affected by this
proposal.
Mayor Pro Tempore Miller opened the hearing.
No protests were received.
Council Member Flores made a motion, seconded by Council
Member Maudsley and unanimously carried, that the hearing be
closed and the findings of fact as set forth in the staff report
from Roger G. Hardgrave, Director of Public Works/City Engineer,
as to why that certain portion of 5th Street between Dallas
Avenue and Meridian Avenue is no longer necessary for street
purposes, be adopted.
PUBLIC HEARING - ENHANCED SECURITY IN THE DOWNTOWN AREA
This is the time and place set for a public hearing for
discussion of enhanced security in the downtown area. (48)
Council Member Estrada made a motion, seconded by Council
Member Minor, that the public hearing relative to enhancing
security in the downtown area be continued to the meeting of July
16,1990.
The motion carried by the following vote: Ayes: Council
Members Estrada, Flores, Maudsley, Minor, Pope-Ludlam. Noes:
None. Abstain: Council Member Miller. Absent: Council Member
Reilly.
COUNCIL MEMBER REILLY RETURNED
Council Member Reilly returned to the Council meeting and
took his place at the council table.
RES. 90-247 A RESOLUTION OF THE CITY OF SAN
BERNARDINO ESTABLISHING COMMUNITY FACILITIES DISTRICT
NO. 995 (VERDEMONT AREA), PROVIDING FOR A SPECIAL TAX
TO PAY FOR CERTAIN PUBLIC FACILITIES WITHIN SUCH
COMMUNITY FACILITIES DISTRICT AND CALLING A SPECIAL
ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS WITHIN
SUCH COMMUNITY FACILITIES DISTRICT THE QUESTIONS OF
LEVYING SUCH SPECIAL TAX. (Continued from June 4,
1990) (49)
32 6/18/90
RES. 90-248 A RESOLUTION OF THE CITY OF SAN
BERNARDINO DECLARING THE NECESSITY TO INCUR A BONDED
INDEBTEDNESS TO PAY FOR CERTAIN PUBLIC FACILITIES
WITHIN COMMUNITY FACILITIES DISTRICT NO. 995 (VERDEMONT
AREA), CALLING A SPECIAL ELECTION TO SUBMIT TO THE
QUALIFIED ELECTORS OF SUCH COMMUNITY FACILITIES
DISTRICT THE PROPOSITION OF INCURRING SUCH BONDED
INDEBTEDNESS AND DESIGNATING THE CITY CLERK OF THE CITY
AS THE ELECTION OFFICIAL. (Continued from June 4,
1990) (49)
Council Member Minor made a motion, seconded by Council
Member Flores, that said resolutions be adopted.
Resolution
following vote:
Maudsley, Minor,
None.
Nos. 90-247 and 90-248 were
Ayes: Council Members Estrada,
Pope-Ludlam, Miller. Noes:
adopted
Reilly,
None.
by the
Flores,
Absent:
COUNCIL MEMBER FLORES EXCUSED
Council Member Flores left the Council meeting.
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 June 4, 1990) (50)
Council Member Reilly made a motion, seconded by Council
Member Estrada and unanimously carried, that the resolution
authorizing an agreement with Ed Leonelli and Dominique Morel
relating to semi-annual payments on the cost of undergrounding
utilities be continued to the meeting of July 2, 1990, in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTION 15.20.050 TO REQUIRE LANDSCAPING PRIOR TO
ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR BUILDINGS
VACANT MORE THAN 180 DAYS. (Continued from June 4,
1990) (51)
Council Member Minor made a motion, seconded by Council
Member Pope-Ludlam and unanimously carried, that said ordinance
to require landscaping prior to issuance of a certificate of
occupancy for buildings vacant more than 180 days be continued to
July 2, 1990, in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 8.36 OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO VEHICLE ABATEMENT. (52)
33 6/18/90
Council Member Maudsley made a motion, seconded by Council
Member Reilly and unanimously carried, that said ordinance
relating to vehicle abatement be continued to July 2, 1990, in
the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
COUNCIL MEMBER FLORES RETURNED
Council Member Flores returned to the Council meeting and
took his place at the council table.
EXEMPTION FOR LOW INCOME HOTEL/MOTEL RESIDENTS
In a memorandum dated June 1, 1990, Shauna Clark, City
Clerk, stated that when the Mayor and Council removed the
transient occupancy tax exemption, staff was instructed to find a
method for granting exemptions for low income permanent (more
than 30 days) residents. A survey revealed that the average room
rental rate is $600.00 per month which indicates that a
significant number of permanent residents are paying more for a
hotel/motel room than the market rate for apartments and also
indicated that many permanent hotel/motel residents are not low
income.
If the City chooses to exempt low income persons from the
10% transient occupancy tax, the City will be condoning the use
of motels for permanent occupancy which is not permitted under
the Building Code. To resolve the issue, it is recommended that
hotels/motels be allowed to grant exemptions if they will meet
Planning and Building Services requirements for type R-l
occupancy and if the owner screens low income persons based upon
criteria that will be set forth in the ordinance prepared by the
City Attorney. (53)
Council Member Miller made a motion, seconded by Council
Member Estrada and unanimously carried, that the exemption for
low income hotel/motel residents be referred to the Legislative
Review Committee.
CREDITS FOR LAND AND IMPROVEMENTS DEDICATION - IN LIEU
OF PAYMENT OF PARK CONSTRUCTION FEES - CENTURY HOMES
COMMUNITY - TRACTS 14110 AND 14319 - CONTINUED FROM
JUNE 4, 1990
This is the time and place continued to for consideration of
reimbursement of paid fees for land and improvements dedication
in lieu of payment of park construction fees from Century Homes
Communities for Tracts 14110 and 14319 located at Harwick Drive
and Weir Road. (54)
In a memorandum dated May 1, 1990, Annie Ramos, Director of
Parks, Recreation and Community Services, stated that Century
Homes Communities, developer of Whispering Glen, a residential
housing area located in the vicinity of Harwick Drive and Weir
Road, have requested that in lieu of payment of park construction
34
6/18/90
fees for Tracts 14110 and 14319, they be allowed to develop and
dedicate a 3.24 acre park, to be located directly across Harwick
Drive from Colony Park, a 3.4 acre site. Municipal Code Section
15.56.080 provides that the Mayor and Council may grant credit
for land and improvements which are dedicated in fee to public
recreation and park purposes.
Mr. Bob Diehl of Century Homes, stated that he is confused
as to why there is a need for an agreement. He stated that the
land has been dedicated to the public as a park site and all the
approval process has been completed. The issue now is whether or
not Century Homes can get the park construction fees waived
since the park site has been dedicated to the City. Mr. Diehl
summarized how much money has been spent for construction of the
park site and the status on completing the park.
City Administrator Julian explained that the purpose of the
agreement is to ensure that at the time the funds are refunded
and the City accepts the park, that all parties are satisfied
with the exchange.
The Council requested that Annie Ramos, Director of Parks,
Recreation and Community Services, be asked to come to the
Council meeting to apprise the Council on what has occurred thus
far with Century Homes. (See item following roll call)
RECESS MEETING
At 4:25 p.m., Mayor Pro Tempore Miller declared a ten minute
recess.
RECONVENE MEETING
At 4:38 p.m., Mayor Pro Tempore Miller
Regular Meeting of the Mayor and Common Council
Chambers of City Hall, 300 North "D" Street,
California.
reconvened the
in the Council
San Bernardino,
ROLL CALL
Roll call was taken by City Clerk Clark with the following
being present: Mayor Pro Tempore Miller; Council Members
Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller;
City Attorney Penman, City Clerk Clark, City Administrator
Julian. Absent: Mayor Holcomb.
CREDITS FOR LAND AND IMPROVEMENTS DEDICATION - IN LIEU
OF PAYMENT OF PARK CONSTRUCTION FEES - CENTURY HOMES
COMMUNITY - TRACTS 14110 AND 14319 - CONTINUED FROM
JUNE 4, 1990 - DISCUSSED EARLIER IN THE MEETING
This is the time and place continued to for consideration of
reimbursement of paid fees for land and improvements dedication
in lieu of payment of park construction fees from Century Homes
Communities for Tracts 14110 and 14319 located at Harwick Drive
and Weir Road. (54)
35
6/18/90
Annie Ramos, Director of Parks, Recreation and Community
Services, briefed the Council on the status of the park site and
the negotiations that have taken place with Century Homes. Ms.
Ramos also answered questions regarding the waiving of the
additional park construction fees. She pointed out that there is
a punch list containing some minor corrections that need to be
addressed at the park site prior to waiving the fees.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council meeting.
Council Member Maudsley made a motion, seconded by Council
Member Estrada and unanimously carried, that Century Homes
Communities' request for credits for land and improvements
dedication in lieu of payment of park construction fees for
Tracts 14110 and 14319 be approved contingent upon the execution
of an agreement setting forth those conditions by which the park
will be built; and that the Director of Parks, Recreation and
Community Services be directed to prepare said agreement for
approval/execution by the City and Century Homes.
COUNCIL MEMBER POPE-LUDLAM RETURNED
Council Member Pope-Ludlam returned to the Council meeting
and took her place at the council table.
Council Member Maudsley made a motion, seconded by Council
Member Minor and unanimously carried, that the reimbursement of
Century Homes Communities of previously paid park construction
fees in the amount of $80,353.20 be approved upon the execution
of the agreement to dedicate an improved park facility for Tracts
14110 and 14319.
It was pointed out that an amended agreement with resolution
will be brought back to Council for approval.
Council Member Maudsley made a motion, seconded by Council
Member Minor and unanimously carried, to waive park construction
fees in the amount of $29,205.46 for Phase IV of Tracts 14110
and 14319 Century Homes.
CONTRACT CHANGE ORDER NO. ONE SECURITY PATROL-
PORTIONS OF HIGHLAND & ARDEN AREA - BLANKET SECURITY-
DISCUSSED EARLIER IN THE MEETING
This is the time and place continued to for discussion of
contract Change Order No. One, extension of contract for a one-
year period. The contract provides security patrol in portions
of the Highland and Arden area in Assessment District No. 990.
(See also page 28 & 29) (18)
City Attorney Penman stated that he spoke to Chief Robbins
regarding the security services provided for the Highland and
Arden area and that Chief Robbins indicated that he is satisfied
36
6/18/90
with the security services presently being provided. Mr. Penman
recommended that the matter be continued to the meeting of June
25, 1990.
Council Member Minor made a motion, seconded by Council
Member Reilly and unanimously carried, that extension of the
contract for security patrol in portions of the Highland and
Arden area be continued to June 25, 1990, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino,
California.
FUNDING
UPGRADE
This is
funding the
upgrade.
CITY'S PORTION OF DELMANN HEIGHTS WATER SYSTEM
- CONTINUED FROM JUNE 4, 1990
the time and place continued to for
City's portion of Delmann Heights
discussion of
water system
(55)
In a memorandum dated April 20, 1990, Mayor Holcomb stated
that in 1984, the Common Council requested the Municipal Water
Board to acquire the private water system serving the Delmann
Heights area, because of poor quality in water service and the
seriously deteriorated condition of the water mains and related
system infrastructure.
In a memorandum dated March 22, 1990, Bernard C. Kersey,
Director, Administration & Finance, Water Department, stated that
the Water Department had entered into a promissory note with East
Valley Water District for the remaining costs associated with the
acquisition of the Delmann Heights System of Southern California
Water Company's San Bernardino service area. A full accounting
of those costs was attached to the memorandum.
City Administrator Julian stated that CDBG funding or 20%
set aside funds are being considered for the payment of the
City's portion of the Delmann's Heights water system upgrade.
Council Member Maudsley made a motion, seconded by Council
Member Minor and unanimously carried, that the City Administrator
be directed to identify appropriate funding sources for payment
of the City's share of incorporating the Delmann Heights water
service facilities into the City's water system.
APPEAL - BOARD OF BUILDING COMMISSIONERS' DECISION TO
ORDER ABATEMENT OF INOPERABLE VEHICLES 1490 WEST
VICTORIA KENNETH W. NYDAM, ATTORNEY REPRESENTING
ROSCOE SAPP
In a memorandum dated May 25, 1990, Wayne Overstreet,
Director of Facilities Management, stated that he had received a
complaint regarding abandoned vehicles located at 1490 West
Victoria Street. The owner, Rosco Sapp, was given a five day
courtesy notice requesting the abatement of the fourteen
vehicles. On January 29, 1990, a letter was received from the
law office of Sprague, Tomlinson and Nydam, asking for dismissal
37
6/18/90
of this abatement, based upon an earlier inspection by the Fire
Marshal. The property was inspected again on February 1, 1990,
and there was no indication of any action being taken to abate
these vehicles, therefore, Mr. Sapp was given a ten day notice of
intention to abate the vehicles and/or parts thereof as a public
nuisance. (57)
City Clerk Clark stated that the attorney representing the
appellant was not able to be present and has requested a
continuance.
Council Member Minor made a motion, seconded by Council
Member Reilly and unanimously carried, that the appeal of the
Board of Building Commission's Order No. 90-VAP-I025-01 for
abatement of inoperable vehicles at 1490 West Victoria be
continued to July 2, 1990, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
PERMIT TO USE PARKING LOT AT PERRIS HILL PARK ON 21ST
STREET, EAST OF FLOOD CONTROL CHANNEL
In a memorandum dated May 30, 1990, Annie Ramos, Director of
Parks, Recreation and Community Services, stated that the parking
lot at Perris Hill Park located on 21st Street on the eastside of
the flood control channel was closed by action of the City
Council in 1979. This action was a result of a recommendation by
the Parks and Recreation Commission due to reports of problems in
the parking lot. Due to additional activities in this area, the
parking lot has been heavily impacted and has caused demand on
the parking lot exceeding its capacity. The Parks and
Recreation Commission endorsed the reopening of the east parking
lot on a controlled basis. The parking lot would be opened
during special events, reservation of the group picnic area or
heavy use days. Access to the lot would be controlled by
staff. (58)
Council Member Minor made a motion, seconded by Council
Member Reilly and unanimously carried, that the Parks, Recreation
and Community Services Department be authorized to permit use of
the 21st Street parking lot east of the Flood Control Channel at
perris Hill Park on a controlled basis.
AGREEMENT WITH PERS RELEASE OF 1959 SURVIVOR
BENEFITS, ASSETS AND LIABILITIES INTO THE THIRD LEVEL
1959 SURVIVOR BENEFIT POOL
In a memorandum dated May 30, 1990, Gordon Johnson, Director
of Personnel, stated that on April 2, 1990, the Mayor and Council
adopted Resolution 90-106 providing that the City would amend its
contract with the Public Employees' Retirement System (PERS) to
add the 1959 Survivor Benefits to members of the fire safety
unit. This benefit provides monthly allowances to certain
survivors of a member who dies before retirement. The agreement,
resolution and ordinance are required to amend the PERS contract.
(59 )
38 6/18/90
City Administrator Julian explained that this is an
amendment to the PERS contract which is to authorize the 1959
survivor benefits into the third level.
RES. 90-249 - RESOLUTION OF INTENTION OF THE CITY OF
SAN BERNARDINO TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC
EMPLOYEES' RETIREMENT SYSTEM AND THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO.
ORDINANCE OF THE CITY OF SAN BERNARDINO AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE MAYOR AND COMMON
COUNCIL AND THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM.
Council Member Maudsley made a motion, seconded by Council
Member Minor and unanimously carried, that said resolution be
adopted; that the Mayor be authorized to sign the agreement
authorizing the release of 1959 survivor benefits, assets and
liabilities into the third level 1959 survivor benefit pool; and
that said ordinance be laid over for final adoption on July 16,
1990.
Resolution No. 90-249 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor,
Pope-Ludlam, Miller. Noes: None. Absent: None.
RES. 90-250 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF PROGRAM SUPPLEMENT NO. 62 OF LOCAL AGENCY
FEDERAL-AID SAFETY IMPROVEMENT PROJECTS, BETWEEN SAID
CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH
ITS DEPARTMENT OF TRANSPORTATION. (Del Rosa Drive & 9th
Street) (S-3)
Council Member Reilly made a motion, seconded by Council
Member Minor, that said resolution be adopted.
Resolution No. 90-250 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor,
Pope-Ludlam, Miller. Noes: None. Absent: None.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council meeting.
RESOLUTION OF THE CITY OF SAN BERNARDINO STATING THE
INTENT OF THE MAYOR AND COMMON COUNCIL FOR THE USE OF
TWENTY PERCENT OF THE REVENUES OF THE TRANSIENT
OCCUPANCY TAX. (S-4)
39
6/18/90
Council Member Maudsley made a motion, seconded by Council
Member Minor and unanimously carried, that the resolution for use
of twenty percent of the revenues of the transient occupancy tax
be referred to the Legislative Review Committee.
COUNCIL MEMBER POPE-LUDLAM RETURNED
Council Member Pope-Ludlam returned to the Council meeting
and took her place at the council table.
RES. 90-251 - RESOLUTION OF CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO FONTANA PAVING, INC. FOR
REHABILITATION OF PAVEMENT ON MT. VERNON AVENUE, FROM
GRANT AVENUE TO SECOND STREET. (S-5)
Council Member Flores made a motion, seconded by Council
Member Reilly, that said resolution be adopted.
Resolution No. 90-251 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor,
Pope-Ludlam, Miller. Noes: None. Absent: None.
CITY ATTORNEY PENMAN EXCUSED
City Attorney Penman left
replaced by Senior Assistant City
the Council meeting
Attorney Barlow.
and
was
EXECUTION OF LOAN AGREEMENT - ACCEPTANCE OF A DEED OF
TRUST FROM THE SAN BERNARDINO WATER DEPARTMENT-
DISCUSSED EARLIER IN MEETING
This is the time and place continued to for authorization to
execute a loan agreement and acceptance of deed of trust from the
San Bernardino Water Department. (See page 17) (R-8)
Mr. Robert Temple, Acting Executive Director, Redevelopment
Agency, explained that this was continued to confer with the
Water Department on the availability of funds.
Senior Assistant City Attorney Barlow explained that a
promissory note and deed of trust to secure the loan from the
Joint Powers Authority to the Water Department arose subsequent
to the posting of the agenda and recommended that the Council
determine by a 5/7 vote that this is as an emergency item.
Council Member Reilly made a motion, seconded by Council
Member Minor and unanimously carried, that the promissory note
and deed of trust to secure a loan for $4,965,000 for purchase of
property on Orange Show Road from the Joint Powers Financing
Authority to the Water Department be considered as an emergency
item.
40
6/18/90
J-13 - RESOLUTION OF THE SAN BERNARDINO JOINT POWERS
AUTHORITY, AUTHORIZING THE EXECUTION OF A LOAN
AGREEMENT WITH THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO. (R-8B)
J-14 - RESOLUTION OF THE SAN BERNARDINO JOINT POWERS
FINANCING AUTHORITY APPROVING A LOAN OF $4,965,000 TO
THE SAN BERNARDINO CITY WATER DEPARTMENT AND ACCEPTING
A DEED OF TRUST FROM THE DEPARTMENT. (R-8C)
Council Member Minor made a motion, seconded by Council
Member Maudsley, that said resolutions be adopted.
Resolution Nos. J-13 and J-14 were adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley,
Minor, Pope-Ludlam, Miller. Noes: None. Absent: None.
Council Member Minor made a motion, seconded by Council
Member Maudsley and unanimously carried, that the Joint Powers
Financing Authority authorize the promissory note secured by deed
of trust and the deed of trust with assignment of rent in the
amount of $4,965,000 to the Water Department.
JOINT POWERS FINANCING AUTHORITY - REGULAR MEETING
Council Member Reilly made a motion, seconded by Council
Member Minor and unanimously carried, that the regular meeting of
the Joint Powers Financing Authority be adjourned to July 16,
1990. (8)
ADJOURNMENT
At 5:00 p.m., Council Member Minor made a motion, seconded
by Council Member Estrada and unanimously carried, that the
meeting be adjourned to 9:00 a.m., Monday, June 25, 1990, in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California. (66)
SHAUNA CLARK
City Clerk
By ~/7!i~{J/lrI-Nh;}{1J
Deputy City Clerk
No. of Items: 83
No. of Hours: 8 1/2
41
6/18/90