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HomeMy WebLinkAbout07-02-1990 Minutes City of San Bernardino, California July 2, 1990 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino, was called to order by Mayor Holcomb at 8:30 a.m., Monday, July 2, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Jones with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, Deputy City Clerk Jones, City Administrator/City Clerk Edwins. Absent: None. RECESS MEETING - CLOSED SESSIONS At 8:30 a.m., the Mayor and Common Development Commission of the City of San closed session for the following: Council and Community Bernardino recessed to (1, S-5, R-9) 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: "D" Street - Boulder and Hiqhland Avenues; b. to consider personnel matters pursuant to Government code Section 54957; c. to meet with designated representatives regarding labor relations matters pursuant to Government code Section 54957.6; d. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities pursuant to Government code Section 54957; e. to confer with the litigation pursuant to 54956.9(b)(1), as there litigation; attorney regarding pending Government code Section is significant exposure to f. to confer with the attorney regarding litigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending Section decide 1 7/2/90 g. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section 54956.9(a) as follows: City of San Bernardino vs. Can 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. Citv 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 Save San Bernardino vs. Citv 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); City of Redlands vs. Inland Valley Development Aqency. et al - San Bernardino Superior court Case No. 255222; Haslam vs. City of San Bernardino. et al - San Bernardino Superior Court Case No. 250949; Citv of San Bernardino vs. Deukmeiian. et al San Bernardino Superior Court Case No. 256623; Henrv Harris vs. City of San Bernardino. et al - United States District Court - Case No. 87-04882 JSL. 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 Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Administrator/City Clerk Edwins. Absent: None. Also present were: Deputy City Attorney Simmons and Director of Personnel Johnson. 2 7/2/90 READING Deputy resolutions agendas. OF RESOLUTIONS AND ORDINANCES City Clerk Jones read the titles and ordinances on the regular and of all the supplemental DEPUTY CITY ATTORNEY SIMMONS EXCUSED Deputy City Attorney Simmons left the closed session. CITY ATTORNEY PENMAN EXCUSED City Attorney Penman left the closed session. PERSONNEL DIRECTOR JOHNSON EXCUSED Personnel Director Johnson left the closed session. COMMUNITY Community closed session. DEVELOPMENT DIRECTOR HENDERSON ARRIVED Development Director Henderson arrived at the COMMUNITY DEVELOPMENT DIRECTOR HENDERSON EXCUSED Community Development Director Henderson left the closed session. ADJOURN CLOSED SESSION At 9:15 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 called the Regular Meeting of the Mayor and Common Council to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, Deputy City Clerk Jones, City Administrator Edwins. Absent: None. INVOCATION The invocation was given by Rev. Tracy Johnson, Christian Missionary Alliance Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Maudsley. PRESENTATIONS - CHRISTINA MARKIN - HONORARY MAYOR Mayor Holcomb introduced Christina Markin, a sixth grade student at Thompson Elementary School, 7401 Church Street, Highland, Ca., who has been designated as honorary mayor for the day. Christina was selected because of the letter she wrote in class explaining ways of erasing the drug problem and helping the needy and homeless in the City. (5) 3 7/2/90 Lorraine Velarde, Executive Assistant to the Mayor, read Christina's letter for the record. ANNOUNCEMENTS BY CITY ATTORNEY PENMAN MALATHION MEETING - JULY 2, 1990, AT 7:00 P.M., COUNCIL CHAMBERS OF CITY HALL City Attorney Penman announced that a meeting regarding the spraying of malathion will be held at 7:00 p.m., July 2, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (2) APPOINTMENT - ANIMAL ADVISORY COMMISSION - L. CRAIG DUCKWORTH - MAYOR HOLCOMB In a memorandum dated June 20, 1990, Mayor Holcomb requested the appointment of L. Craig Duckworth, 3586 Bond Street, San Bernardino, California, to the Animal Advisory Commission. (4 ) Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the appointment of L. Craig Duckworth to the Animal Advisory Commission be approved. APPOINTMENT - POLICE COMMISSION - EUGENE P. BOISVERT In a memorandum dated June 28, 1990, Mayor Holcomb requested the appointment of Eugene P. Boisvert, 3740 Palm Crest Drive, Highland, California, to the Police Commission, representing the Fourth Ward. (S-4) Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that the appointment of Eugene P. Boisvert to the Police Commission, as requested by Council Member Maudsley, be approved. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. APPOINTMENT - ANIMAL ADVISORY COMMISSION - MS. NANCY DE LA TORRE - FIRST WARD In a memorandum dated June 25, 1990, Mayor Holcomb requested the appointment of Ms. Nancy De La Torre, 185 E. Third Street, San Bernardino, California, to the Animal Advisory Commission, representing the First Ward. (4) Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the appointment of Nancy De La Torre to the Animal Advisory Commission be approved. 4 7/2/90 PUBLIC COMMENTS DEADLINES FOR FILING APPEALS- BARBARA SKY Barbara Sky, 6464 Palm Avenue, San Bernardino, Ca. spoke regarding the process for filing an appeal before the Mayor and Council. She inquired as to whether or not the appeal filed by Chris Saldecke on behalf of Richard Gonzalez on the Development and Environmental Review Committee Item 90-13 (Rogers Bindery Building) would be honored since the deadline had expired. She presented letters to the Council dated June 29, 1990 from Chris Saldecke and Richard Gonzalez outlining the facts to support their appeal. (3) City Attorney Penman explained that whenever there is a deadline to file an appeal and that deadline falls on a Saturday, a Sunday or a holiday, the public has until the close of business the following working day to file that appeal. He further stated that the appeal will be accepted. ANNOUNCEMENTS BY MAYOR - JIM BURNS, REGIONAL MANAGER- SOUTHERN CALIFORNIA EDISON COMPANY Mayor Holcomb introduced Jim Burns, Regional Manager of Southern California Edison Company. He stated that Mr. Burns will replace Sue Noreen who has been working in cooperation with the City for some time. (2) WAIVE READING OF RESOLUTIONS AND ORDINANCES Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas be waived. (6) APPROVAL OF COUNCIL MINUTES - JUNE 4, 1990 AND JUNE 9, 1990 Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino, be approved as submitted in typewritten form: June 4, 1990 and June 9, 1990. (7) INSTALLATION OF CABLE TELEVISION - PERRIS HILL PARK SENIOR CITIZENS CENTER - APPROVAL OF $1,000 FROM SECOND AND SEVENTH WARD PARK EXTENSION FUNDS In a memorandum dated June 19, 1990, Annie F. Ramos, Director of Parks, Recreation and Community Services, stated that the Perris Hill Park Senior Citizens Center is in an area with extremely poor television reception. To bring cable to the center will require boring 75 feet underneath the street and trenching 190 feet to the center. The cost for installing the cable television will be approximately $2,000.00. (9) 5 7/2/90 Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that $1,000 each from Second and Seventh Ward Park Extension Funds for the installation of cable television at Perris Hill Park Senior Citizens Center be approved. SALARY INCREASE - EXTRA RELIEF HEAVY LABORER FROM $5.00 PER HOUR TO $6.25 PER HOUR In a memorandum dated June 21, 1990, Gordon R. Johnson, Director of Personnel, provided a request from the Refuse Superintendent to increase the salary for extra relief heavy laborer from $5.00 to $6.25 in order to make the salary for this position more competitive. Manuel Moreno, Director of Public Services, concurred with the request and the Council Personnel Committee at their meeting of June, 21, 1990, recommended approval of the salary increase. (10) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the salary for extra relief heavy laborer be increased from $5.00 per hour to $6.25 per hour effective July 3, 1990; and that the Director of Personnel be instructed to update Resolution 6413, Section 13, part-time temporary employees. OUT-OF-STATE TRAVEL NATIONAL D.A.R.E (DRUG ABUSE RESISTANCE EDUCATION) CONFERENCE - JULY 10 - 13, 1990, PHOENIX, ARIZONA - OFFICERS KEN BOYD, PETE HIGGINS, DAVE TAYLOR In a memorandum dated June 14, 1990, Daniel A. Robbins, Chief of Police, requested authorization for Officers Ken Boyd, Pete Higgins and Dave Taylor to attend the National D. A. R. E. Officers Association Conference to be held in Phoenix, Arizona July 10 through 13, 1990. Included at the conference will be workshops dealing with the D.A.R.E. curriculum which will improve the teaching skills of the D.A.R.E. Officers. (11) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that approval be given for Officers Ken Boyd, Pete Higgins and Dave Taylor to attend the National D.A.R.E. (Drug Abuse Resistance Education) Conference in Phoenix, Arizona from July 10 to July 13, 1990. CHANGE ORDER NO. TWO INSTALLATION OF ADDITIONAL FIBERGLASS PANELS AND GABLES - REMOVAL OF ARCHITECTURAL BARRIERS AT WILDWOOD PARK AND LYTLE CREEK PARK - SCC GENERAL CONTRACTOR In a memorandum dated June 19, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that due to continuing problems with graffiti, the Parks and Recreation Department has requested that the fiberglass panels on the walls inside the two new restroom buildings at Wildwood Park and Lytle Creek Park be installed to the full eight-foot height, 6 7/2/90 plus gables. Change Order No. Two General Contractor will authorize additional cost of $5,913.24. to the these contract with SCC services for an ( 13) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that Change Order No. Two to the contract with SCC General Contractor for the removal of architectural barriers at Wildwood Park and Lytle Creek Park, in accordance with Plan No. 7770, be approved; and authorize an increase in contract price of $5,913.24 from $150,833.22 to $156,746.46. CHANGE ORDER NO. TWO - EXTENSION OF CONTRACT FOR REPAIR AND MAINTENANCE OF OVERHEAD DOORS INLAND OVERHEAD DOOR COMPANY In a memorandum dated June 20, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that the contract for repair and maintenance of electrical and manual roll-up doors, screens and bi-fold doors expires June 30, 1990, but can be renewed for two additional one-year periods by mutual agreement between the City and contractor. The contractor, Inland Overhead Door Company, has agreed with renewing the contract for this period and proposed the establishment of a two man crew for non-emergency call outs with a contract unit price of $89.00. (14) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that Change Order No. Two to the contract with Inland Overhead Door Company, for repair and maintenance of overhead doors in accordance with Plan No. 7663, be approved; to renew the contract for a one year period, from July 1, 1990 to June 30, 1991, and establish a unit price for a two-man crew on non-emergency call-outs. CHANGE ORDER NO. TWO - REPLACING FUEL PIPING AT FUELING STATION IN CITY YARDS - KEECO, INC. In a memorandum dated June 21, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that at the direction of the County Environmental Health Services Department, a site assessment was conducted to determine the extent of the soil contamination in the vicinity of the four existing 12,000 gallon fuel tanks at the city yards. As a result of the excavation, it was discovered that existing vent and vapor recovery return lines did not meet current code requirements. Change Order No. Two to the contract with Keeco, Inc., authorizes the replacement of all necessary fuel piping at the fueling station in city yards. (15) 7 7/2/90 Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that Change Order No. Two to the contract with Keeco, Inc., for replacing fuel piping at the fueling station in city yards in accordance with Plan No. 7764, be approved, for an increase in contract price of $36,391.94, from $90,394.00 to $126,785.94. LOCAL TRANSPORTATION PROGRAM (TIP) FOR FISCAL YEAR 1991 THROUGH 1997 - SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG) In a memorandum dated June 15, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that forms have been distributed by SANBAG for listing highway projects proposed for financing with Federal-Aid Funds during the period of 1991/97 Fiscal Years. The purpose of the TIP is to promote coordination of highway improvements throughout San Bernardino County. (16) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the proposed Local Transportation Improvement Program (TIP), for FY 1991 through 1997, be approved and the Director of Public Works/City Engineer be authorized to submit the TIP to SANBAG for adoption. CLAIMS AND PAYROLL Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the claims and payrolls, and the authorization to issue warrants as listed on the memorandum dated June 19, 1990, from the Director of Finance, be approved. (17) RES. 90-258 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CHARLES E. HAMILTON TO PERFORM CONSULTING SERVICES FOR THE RISK MANAGEMENT DEPARTMENT. (19) RES. 90-259 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AMENDMENT TO THE AGREEMENT WITH DONALD H. MAYNOR RELATIVE TO THE PERFORMANCE OF AN AUDIT ON THE GAS AND ELECTRIC FRANCHISE AGREEMENTS. (20) RES. 90-260 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO MAKE APPLICATION FOR AND ACCEPT A GRANT FROM "ACTION" IN THE AMOUNT OF $36,580 FOR THE RETIRED SENIOR VOLUNTEER PROGRAM FOR THE PERIOD OF OCTOBER 1, 1990 THROUGH SEPTEMBER 30, 1991. (21) 8 7/2/90 RES. 90-261 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413, SECTION FOURTEEN, MANAGEMENT EMPLOYEES, ENTITLED IN PART "A RESOLUTION . .ESTABLISHING A BASIC COMPENSATION PLAN. .", BY UPDATING INFORMATION CODIFYING PRIOR COUNCIL ACTION WHICH ADDED THE CLASSIFICATION OF DIRECTOR OF MOBILE HOME RENT DIRECTOR (U) , AND BY DELETING THE CLASSIFICATION OF DEPUTY CITY ADMINISTRATOR-DEVELOPMENT (U). (22) RES. 90-262 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 6413, SECTION THIRTEEN, TEMPORARY /PART-TIME EMPLOYEES, ENTITLED IN PART "RESOLUTION . ESTABLISHING A BASIC COMPENSATION PLAN. ." BY UPDATING INFORMATION CODIFYING PRIOR COUNCIL ACTIONS AND UPDATING THE TITLE OF INTERN (FROM STUDENT INTERN). ( 2 3 ) RES. 90-263 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH FEDERAL, STATE, COUNTY AND CITY PUBLIC ENTITIES TO CONTINUE PARTICIPATION IN A CLANDESTINE LABORATORY TASK FORCE TO INVESTIGATE AND PROSECUTE CRIMINAL CASES INVOLVING ILLEGAL MANUFACTURING OF CONTROLLED SUBSTANCES. (24) RES. 90-264 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH DR. LAWRENCE BLUM TO CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR THE POLICE DEPARTMENT. (25) RES. 90-265 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT (Weed Abatement) (26) RES. 90-266 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1990-91 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 970, LANDSCAPING MAINTENANCE, CABLE CREEK AREA. (27) RES. 90-267 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1990-91 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 974, LANDSCAPING MAINTENANCE, RIALTO AND EUCALYPTUS AVENUE AREA. (28) RES. 90-268 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1990-91 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 975, LANDSCAPING MAINTENANCE, PEPPER AND MILL AREA. (29) 9 7/2/90 RES. 90-269 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1990-91 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 976, LANDSCAPING MAINTENANCE, PINE AND BELMONT AREA. ( 30 ) RES. 90-270 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1990-91 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 981, LANDSCAPING MAINTENANCE, MERIDIAN AND RANDALL AVENUE AREA. (31) RES. 90-271 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1990-91 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 982, LANDSCAPING MAINTENANCE, PIEDMONT DRIVE AREA. (32) RES. 90-272 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1990-91 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 986, LANDSCAPING MAINTENANCE, RIALTO AND MACY AREA. (33) RES. 90-273 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1990-91 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 989, LANDSCAPING AND SEWER LIFT STATION MAINTENANCE, MILL AND MACY AREA. (34) RES. 90-274 - RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF BOUNDARIES OF ASSESSMENT DISTRICT NO. 991 BY EXPANDING THE BOUNDARIES THEREOF TO INCLUDE ADDITIONAL TERRITORY IN THE DISTRICT FOR THE MAINTENANCE OF LANDSCAPING IN THE AREA OF VERDE MONT AND OLIVE AVENUES; ORDERING THE AMENDMENT AND EXPANSION OF THE DISTRICT AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY AND APPROVING AMENDED ASSESSMENT DISTRICT DIAGRAM MAP NO. 991. (36) RES. 90-275 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1990-91 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 991, LANDSCAPING MAINTENANCE, VERDEMONT AND OLIVE AREA. ( 37 ) RES. 90-276 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO MODIFICATION OF TRAFFIC SIGNALS AT HIGHLAND AVENUE (STATE ROUTE 30) AND PALM AVENUE. (39) 10 7/2/90 RES. 90-277 A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF 5TH STREET BETWEEN DALLAS AVENUE AND MERIDIAN AVENUE, IN THE CITY OF SAN BERNARDINO AND RESERVING AN EASEMENT FOR SANITARY SEWER AND APPURTENANT FACILITIES THEREIN. (40) RES. 90-278 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PARKING LOT LEASE WITH THE SUNSET GROUP, RELATING TO CERTAIN REAL PROPERTY SITUATED AT THE SOUTHWEST CORNER OF WATERMAN AVENUE AND CAROLINE STREET. ( 41) RES. 90-279 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO COMMUNITY COLLEGE DISTRICT, RELATING TO THE PROVISION OF LANDSCAPE MAINTENANCE ACTIVITIES FOR CITY MONUMENT SIGN ISLAND IN MT. VERNON AVENUE NEAR VALLEY COLLEGE. (42) RES. 90-280 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MENTONE TURF SUPPLY FOR THE FURNISHING AND DELIVERY OF LANDSCAPE MAINTENANCE, TO BE UTILIZED BY THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-91-01. (43) RES. 90-281 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO LAKESIDE CHEVROLET FOR THE FURNISHING AND DELIVERY OF ONE (1) BRUSH CHIPPER TRUCK, TO BE UTILIZED BY THE PUBLIC SERVICES/STREET DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-90-16. (44) Council Member Flores made a motion, seconded by Council Member Minor, that said resolutions be adopted. Resolution Nos. 90-258, 90-259, 90-260, 90-261, 90-262, 90- 263, 90-264, 90-265, 90-266, 90-267, 90-268, 90-269, 90-270, 90- 271, 90-272, 90-273, 90-274, 90-275, 90-276, 90-277, 90-278, 90- 279, 90-280 and 90-281 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. TRANSIENT OCCUPANCY TAX EXEMPTION LOW INCOME HOTEL/MOTEL RESIDENTS In a memorandum dated June 22, 1990, Shauna Clark, City Clerk, recommended that hotel/motels be allowed to grant exemptions if they meet Planning and Building Services requirements for efficiency dwelling units and if the owner screens low income persons based upon criteria that will be set forth in the ordinance prepared by the City Attorney. (8) 11 7/2/90 Larry Reed, Director of Planning and Building Services, answered questions regarding the requirements for a hotel/motel to receive clearance for occupancy as an efficiency dwelling unit. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the council table. Mr. Reed answered questions, stating that when a motel/hotel is converted to an efficiency dwelling unit, the owner of the building will be required to apply for review of plans, submi t technical drawings, have plans checked and then apply for a building permit. A discussion ensued regarding allowed to submit exemptions for low having to modify their building. hotel/motel owners being income individuals without City Attorney Penman explained that in addition to amending the Municipal Code, a general plan amendment will be required if the motels/hotels are converted into efficiency dwelling units, because it changes the category of a motel/hotel to an apartment complex. City Administrator Edwins explained that the general plan amendment would not be a blanket amendment, but a general plan amendment as each person applies for the conversion. City Administrator Edwins answered questions regarding the voucher system, stating that vouchers are for 30 days only and are used by the transient population. She suggested that for permanent residents, an exemption could be created at the same time the ordinance is created. City Attorney Penman recommended that when the proposed ordinance is prepared it be referred back to Legislative Review Committee for further review rather than coming directly to the Council. Council Member Minor made a motion, seconded by Council Member Reilly, that the City Attorney be instructed to prepare amendments to the Municipal Code that would allow the owner of a hotel/motel whose building achieves clearance from Planning and Building Services for occupancy as an efficiency dwelling unit to grant waivers of transient occupancy tax to residents who stay longer than 30 days and who meet low income criteria as set forth in the ordinance to be prepared by the City Attorney. 12 7/2/90 The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: Council Member Pope-Ludlam. Absent: None. JUNIOR POLICE ACADEMY PILOT PROGRAM LYTLE CREEK ELEMENTARY SCHOOL - USE OF ASSET FORFEITURE MONEY In a memorandum dated June 15, 1990, Daniel A. Robbins, Chief of Police, requested authorization to use Asset Forfeiture monies in the amount of $28,026 to fund the Junior Police Academy pilot program at Lytle Creek Elementary School. He cited the lack of role models for many children in the Community, and stated that the program's goal will be to assist children and young people in developing self discipline, pride, honesty, self- confidence and respect for others. (12) A discussion ensued regarding appropriate use of the asset forfeiture money. Mayor Holcomb urged the Council to support the funding of the Junior Police Academy Program and read the staff report for the record. Lorraine Velarde, Executive Assistant to the Mayor, answered questions regarding the criteria for selecting students to participate in the Junior Police Academy pilot program. She stated that the program will be limited to 90 fifth and sixth grade students but the pilot program is not limited to the students of Lytle Creek. Students from other schools can also participate in the program. Council Member Reilly made a motion, seconded by Member Flores, that the use of Asset Forfeiture monies amount of $28,026 to fund the Junior Police Academy pilot at Lytle Creek Elementary School be approved. Council in the program The motion carried by the following vote: Ayes: Member Estrada, Reilly, Flores, Minor, Pope-Ludlam, Noes: Council Member Maudsley. Absent: None. Council Miller. PERSONNEL ACTIONS Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated June 20, 1990, in accordance with all administrative regulations of the City of San Bernardino, be approved with the exception of item 38 which was deleted from the list. (18) RES. 90-282 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1990-91 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 990, HIGHLAND AND ARDEN SECURITY AND MAINTENANCE DISTRICT. (35) 13 7/2/90 City Attorney Penman answered questions and explained the action taken at the meeting held on Friday, June 29, 1990 regarding the terms of the agreement for security within boundaries of Assessment District No. 990, Highland and Arden area. Council Member Flores made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 90-282 was adopted by the following vote: Ayes: Council Member Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 14185, LOCATED AT THE NORTHWEST CORNER OF JUNE STREET AND CAJON BOULEVARD, 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. (38) (Continued to later in the meeting) City Attorney Penman requested that this resolution be continued to the next regular Council meeting as there were some concerns that need to be resolved. Council Member Estrada made a motion, seconded by Council Member Flores to continue the resolution to July 16, 1990. Roger Hardgrave, Director of Public Works/City Engineer, stated that the applicant, Century Homes, had concerns about continuing this matter until the next meeting. City Attorney Penman explained to this project did not arrive adequate review. that the documents pertaining in his office on time for Bob Deal of Century Homes requested clarification of the City Attorney's concerns regarding Subdivision Tract No. 14185. City Attorney Penman answered questions, stating that there were legal questions regarding the documents submitted by Century Homes. Council Member pope-Ludlam made a substitute motion, seconded by Council Member Minor and unanimously carried, that this matter be continued to later in the afternoon. (See page 23) 14 7/2/90 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 18, 1990) (45) City Attorney Penman requested that this resolution be referred back to the Legislative Review Committee for further review. Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be referred back to the Legislative Review Committee for further review. COUNCIL MEMBER MINOR EXCUSED Council Member Minor left the Council Meeting. 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 18, 1990) FIRST (46) City Attorney Penman requested that this ordinance be referred back to Legislative Review for further review. Larry Reed, Director of Planning/Building Services, answered questions regarding the proposed ordinance. He stated that there were concerns regarding provisions in the ordinance that require smaller buildings to provide landscaping prior to receiving a certificate of occupancy. A discussion ensued regarding changing provisions ordinance that require buildings with a vacancy of fifty or more to be landscaped. in the percent City Attorney Penman explained that the proposed ordinance should be referred back to the Legislative Review Committee because there were two issues to be resolved: 1) whether the ordinance should apply to apartments with thirteen units or more; and 2) whether the ordinance should apply to commercial buildings. City Administrator Edwins provided as to why the proposed ordinance was Legislative Review Committee. background originally information referred to Mr. Reed explained the provisions in the proposed ordinance. He stated that the ordinance would not apply unless the building in its entirety is vacant for more than 180 days. 15 7/2/90 Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that the proposed ordinance be referred back to the Legislative Review Committee for further review. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.36 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO VEHICLE ABATEMENT. (Continued from June 18, 1990) FIRST (47) City Attorney Penman stated that state law requires that certain language in the vehicle code be placed in the ordinance which would prevent the City from towing certain junk vehicles out of people's yards. He requested that this ordinance be continued to the next meeting in order to allow time to study the language in state law. Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the proposed ordinance be continued to July 16, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER MINOR RETURNED Council Member Minor returned to the Council Meeting and took his place at the council table. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 12.93 TO THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR CITY PARTICIPATION IN SIDEWALK/CURB REPAIR AND CERTAIN SEWER CONNECTION COSTS AND REPEALING SECTION 12.92.080. FIRST (48) Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that said ordinance be laid over for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.16.020 OF THE SAN BERNARDINO MUNICIPAL CODE. (Adoption of Uniform Fire Code) FIRST (49) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that said ordinance be laid over for final passage. INCREASE BUSINESS LICENSE RATE FOR CARRY-OUT FOOD BUSINESSES - CONTINUED FROM MAY 7, 1990 This is the time and place continued to consider an amendment to Municipal Code Section 5.04.525, Subsection C, to increase the business license rate for carry-out food businesses. This matter was continued for sixty days to allow members of the fast food industry to devise a sustaining program for keeping their property and adjacent areas free of litter. (50) 16 7/2/90 In a memorandum dated June 15, 1990, Fred A. Wilson, Assistant to the City Administrator, provided a summary of activities performed by the Anti-Litter Task Force, which was formed in January 1990, to consider alternatives to the imposition of increased business license rates. Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the proposed amendment to Municipal Code Section 5.04.525, Subsection C, relative to increasing the business license rate for carry-out food businesses be tabled. COUNCIL MEMBER FLORES EXCUSED Council Member Flores left the Council Meeting. APPEAL - BOARD OF BUILDING COMMISSIONERS' DECISION TO DEMOLISH BUILDING AND ABATE WEEDS, TRASH AND DEBRIS- 1642 E. ECHO DRIVE - MARGARET BUCKNER - CONTINUED FROM JUNE 4, 1990 This is the time and place continued to for an appeal requested by Margaret Buckner on the Board of Building Commissioners' decision to demolish the building and abate weeds, trash and debris at 1642 E. Echo Drive. (51) In a memorandum dated April 25, 1990, Larry E. Reed, Director of Planning and Building Services, provided a chronological listing of the events that led to the Board of Building Commission's decision to demolish the building and abate debris at 1642 E. Echo Drive. Attached to his memorandum were letters from Lawrence A. Hutton, attorney at law, and Thomas Jeannotte, requesting an appeal on the Commission's decision. John Agnew, 1642 Echo Drive, San Bernardino, Ca. speaking on behalf of Margaret Agnew Buckner, stated that the property has been cleaned and is secured. Debra Daniel, Acting Code Enforcement Supervisor, concurred that the condition of the property is acceptable. Mr. Agnew agreed to maintain the property in a satisfactory condition. He stated that once the property has cleared probate, he plans to rehabilitate the house and make it ready for occupancy. Mr. Agnew answered questions regarding payment of the abatement costs in the amount of $268.80 which the City incurred. Council Member Minor made a Member Maudsley and unanimously Building Commissioners' finding of had incurred costs of $268.80 for motion, seconded by Council carried, that the Board of April 6, 1990, that the City the abatement of actions at 17 7/2/90 1642 E. Echo Drive, and the BBC Order to demolish the buildings and incur the costs of the City's abatement as a lien against the property and a personal obligation of the owner(s), be extended for six months. COUNCIL MEMBER FLORES RETURNED Council Member Flores returned to the Council Meeting and took his place at the council table. CHAPTER 12.91 IMPROVEMENTS - DRIVEWAY FILL-IN - CORNER OF 5TH AND "D" STREET - CONTINUED FROM JUNE 4, 1990 This is the time and place continued to for Chapter 12.91 improvements for driveway fill-in on the corner of 5th and "D" Street for parcel numbers 134-081-10 and 134-081-22. (52) In a memorandum dated May 15, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that the owner of parcels 134-081-10 and 134-081-22, Mr. Robert M. Norris, requested that these two parcels be removed from the driveway fill-in project. Mr. Norris is in negotiations with the Sun Company relative to leasing the property for parking purposes. Therefore, he does not want to fill in the driveways as they may be used for a parking lot. Council Member Minor made a motion, seconded by Council Member Reilly to table this matter. Council Member Minor made a substitute motion, seconded by Council Member Pope-Ludlam and unanimously carried, that Parcels Nos. 134-081-10 and 134-081-22 be deleted from the driveway fill- in project. PRELIMINARY GEOLOGIC EVALUATION OF POTENTIAL LANDSLIDE AREAS - SAN MANUEL FIRE NORTH OF PATTON HOSPITAL - GARY S. RASMUSSEN & ASSOCIATES - CONTINUED FROM JUNE 18, 1990 This is the time and place continued to for acceptance and filing of a preliminary geologic evaluation of potential landslide areas in the San Manuel Fire area located north of Patton Hospital. (53) In a memorandum dated May 30, 1990, Roger G. Hardgrave, Director of 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. 18 7/2/90 An independent evaluation of the landslide potential was prepared by Gary Rasmussen and Associates. The study concluded in part, that complete failure of these older slides is not expected, but recommended that a debris basin be provided for the central watercourse generally along Bangor Street. In a memorandum dated June 26, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, provided the preliminary Geologic Evaluation which set forth conclusions and recommendations. He stated that the preliminary estimate of cost for the debris basin is $150,000. City Attorney Penman stated that the City has received and reviewed the responses, but advised Council that receiving and filing this report will not be sufficient to adequately defend the City in court in the event of a landslide. Mr. Hardgrave answered questions regarding landslide mitigation measures for the San Manuel fire area and the Amber Hills debris basin. He suggested that a debris basin be constructed north of Amber Hills on the Indian reservation before the rainy season begins. Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the preliminary geologic evaluation of potential landslide areas 1n the San Manuel fire area, prepared by Gary S. Rasmussen and Associates, be accepted and filed; and that the Director of Public Works/City Engineer be directed to include a project for constructing a debris basin, along Bangor Street, in the 1991 Capital Improvement Program. VACATION OF A PORTION OF EDGEHILL ROAD, EAST OF LITTLE MOUNTAIN DRIVE AUTHORIZATION TO PROCEED AND PLAN APPROVAL - CONTINUED FROM JUNE 18, 1990 In a memorandum dated June 6, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that the Edgehill Village Homeowners Association, through the Edgehill Management Corporation requested the vacation of Edgehill Road, east of Little Mountain Drive. This request was made as a result of the murder of one of the property owners in December 1989. (55) City Attorney Penman stated that in order to vacate a street, a finding has to be made that there is no present or future public need for that street. He advised Council that even if the Public Works/City Engineer Department makes a finding that the street is no longer necessary, sufficient legal evidence has to support such findings. A discussion ensued regarding other means of access onto the property. 19 7/2/90 Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the proposed vacation of a portion of Edgehill Road, east of Little Mountain Drive; and that Plan No. 8159, showing the proposed vacation of a portion of Edgehill Road, east of Little Mountain Drive, be approved. RES. 90-283 A RESOLUTION BERNARDINO DETERMINING THE ELECTION HELD IN CITY OF FACILITIES DISTRICT NO. 995 26, 1990. OF THE CITY OF SAN RESULT OF THE SPECIAL SAN BERNARDINO COMMUNITY (VERDEMONT AREA) ON JUNE (56) RES. 90-284 A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE FILING OF A VALIDATION ACTION WITH RESPECT TO THE VALIDITY OF THE ORDINANCE AUTHORIZING THE LEVY OF THE SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 995 (VERDEMONT AREA), AND ALL PROCEEDINGS LEADING UP TO THE ADOPTION OF SUCH ORDINANCE. (56) ORDINANCE OF THE CITY OF SAN BERNARDINO, STATE OF CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 995. FIRST (56) Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolutions be adopted; and that said ordinance be laid over for final passage. Resolution following vote: Maudsley, Minor, None. Nos. 90-283 and 90-284 were Ayes: Council Members Estrada, Pope-Ludlam, Miller. Noes: adopted Reilly, None. by the Flores, Absent: ENTERPRIZE ZONE PROGRAM REVIEW AND POSSIBLE ALTERATION OF ELEMENTS In memoranda dated June 25, 1990, and June 18, 1990, Mayor Holcomb requested that the City eliminate direct subsidies in the Enterprize Zone and set up a program for direct assistant to low and moderate income persons on a case-by-case basis.(57) Mayor Holcomb explained why he would like the Enterprize Zone program repealed. A discussion ensued regrading the benefits of having an Enterprize Zone program in the City. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, that this matter be referred to the Redevelopment Agency Committee for further review. 20 7/2/90 The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Noes: Council Member Minor. Absent: None. Council Miller. RECESS MEETING At 10:50 a.m., Mayor Holcomb declared a ten minute recess. RECONVENE MEETING At 11:00 a.m., Mayor Holcomb called the Regular Meeting to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Pope- Ludlam; Sr. Assistant City Attorney Barlow, Deputy City Clerk Jones, City Administrator/City Clerk Edwins. Absent: Council Members Estrada and Miller. RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING THE FINAL BUDGET OF SAID CITY FOR THE FISCAL YEAR 1990-91. (Continued to later in the meeting. See page 22) (S-2) City Administrator Edwins requested that this matter be continued to later in the meeting to allow time for the Finance Director to complete the final budget. RES. 90-285 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CENTURY HOMES COMMUNITIES FOR DEDICATION OF LAND AND IMPROVEMENTS FOR PUBLIC PARK AND RECREATION PURPOSES TO THE CITY IN LIEU OF PAYMENT OF PARK CONSTRUCTION FEES. (S-3) Council Member Pope-Ludlam made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 90-285 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope- Ludlam. Noes: None. Absent: Council Members Estrada, Miller. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY The Regular Meeting of the Community Development Commission/ Redevelopment Agency was called to order by Mayor Holcomb in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Action was taken on the items on the Community Development Commission agenda. 21 7/2/90 COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meeting and took her place at the council table. RES. 90-286 - RESOLUTION OF APPROVING AND ADOPTING THE FOR THE FISCAL YEAR 1990-91. THE CITY OF SAN BERNARDINO FINAL BUDGET OF SAID CITY (S-2) City Administrator Julian gave an overview of the final budget for Fiscal Year 1990-91. Finance Director Andy Green proposed that the Council look at increasing revenue enhancements for the 1991-92 budget year. Council Member Minor made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 90-286 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Member Miller. RECESS MEETING At 11:35 a.m., the Regular Meeting recessed until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE At 2:00 p.m., Mayor Holcomb called the Regular Meeting to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was Holcomb; Council Minor; Deputy City Administrator/City Ludlam, Miller. taken with the following being present: Mayor Members Estrada, Reilly, Flores, Maudsley, Attorney Empeno, Deputy City Clerk Jones, City Clerk Edwins. Absent: Council Members Pope- ACQUISITION OF PATTON STATE HOSPITAL SURPLUS PROPERTY- TIPPECANOE AND NINTH STREET In a memorandum dated June 26, 1990, Mayor Holcomb provided a letter from the Department of General Services of the State of California regarding the purchase of the 69-acre Patton State Hospital surplus property located at Tippecanoe and Ninth Streets. (New Business) Mayor Holcomb announced that in closed session, the Council voted unanimously to acquire the 69-acre Patton State Hospital surplus property located at Tippecanoe and Ninth Streets. 22 7/2/90 RES. 90-287 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 14185, LOCATED AT THE NORTHWEST CORNER OF JUNE STREET AND CAJON BOULEVARD, 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. (Continued from earlier in meeting. See page 14) (38) City Attorney Penman stated that the legal concerns regarding the documents submitted by Century Homes have been resolved. Council Member Miller made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution 90-287 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor. Noes: None. Absent: Council Members Pope-Ludlam, Miller. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the council table. APPEAL CONDITIONS OF APPROVAL FOR PARCEL MAP NO. 13158 - REQUIREMENTS FOR UNDERGROUNDING UTILITIES AND CONSTRUCTING STREET LIGHTS - HIGHLAND AVENUE LUTHERAN CHURCH - CONTINUED FROM APRIL 16, 1990 This is the time and place set for an appeal of certain conditions of approval for Parcel Map No. 13158, filed by Jack Strickler on behalf of the Highland Avenue Lutheran Church, regarding requirements for undergrounding utilities and constructing street lights. (58) In a memorandum dated June 25, 1990, Larry E. Reed, Director of Planning and Building Services, stated that Parcel Map No. 13158 is a request to subdivide one parcel into two lots located at 1820 East Highland Avenue on the northeast corner of East Highland Avenue and Osbun Road. The applicant is appealing Conditions 5 and 10 regarding the requirements for under- grounding of utilities and constructing street lights. The applicant feels that these requirements, are too expensive to apply to this project. Mr. Reed answered questions regarding prov1s1ons in the Municipal Code Section 18.40.380 which exempts the previously developed portions of any non-residentially zoned parcels from the requirement to underground utilities. Director Reed answered questions, stating that Condition 10 had been satisfied, as there are existing street lights on above ground utility poles at this location. 23 7/2/90 Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding future conditions for undergrounding the utilities in the area east of Highland Avenue and Osbun Road. A discussion ensued regarding the possibility of establishing an assessment district to underground the utilities as a unit. Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that the hearing be closed; that the appeal be partially upheld; and that Parcel Map No. 13158 be approved subject to the findings of fact, conditions of approval and standard requirements contained in the March 6, 1990, Planning Commission's staff report (Exhibit "D") with the exception that Condition No. 5 on page 11, regarding undergrounding of utilities, be deleted as a condition of approval. APPEAL - CONDITIONAL USE PERMIT NO. 90-15 - SALE OF BEER AND WINE IN AN EXISTING MINI-MARKET - MOHAMMAD KHAN - CONTINUED FROM JUNE 18, 1990 This is the time and place continued to for an appeal requested by Mohammad Khan of the Planning Commission's denial of Conditional Use Permit No. 90-15 to sell beer and wine for off- site consumption in an existing mini-market located at 804 W. Highland Avenue. (59) In a memorandum dated May 22, 1990, Larry E. Reed, Director of Planning and Building Services, stated that Conditional Use Permit No. 90-15, requesting approval to permit the sale of beer and wine for off-site consumption in a mini-market located at the northwest corner of Highland Avenue and "H" Street, was denied by the Planning Commission on May 8, 1990. However, Planning and Building Services staff recommended approval subject to conditions which include a one-year review of the impacts associated with the sale of beer and wine for off-site consumption. Steven Jamison, attorney introduced Steven Nudor, who approving CUP 90-15. Deputy City Attorney Empeno pointed out that at the last Council meeting an inquiry was made regarding Mr. Nudor's relationship with Mr. Khan. This line of questioning was made to insure that Mr. Nudor presented a non-biased presentation before the Council and that he has no financial interest in this application. representing presented the Mohammad Khan, advantages of 24 7/2/90 Attorney Jamison answered questions regarding Mr. Nudor' s relationship to Mr. Khan. He stated that Mr. Nudor is a resident of San Bernardino. He is neither an employee of the applicant nor the applicant's attorney. He is an interested observer working to insure approval of this application and has been active in circulating the petition for approval of CUP 90-15. Steven Nudor, a resident of the City, gave a presentation outlining the major concepts for approval of Conditional Use Permit No. 90-15. Mr. Kudor distributed to the Council a packet of information listing the primary factors involved in this case, including a petition signed by residents in favor of CUP 90-15. Frank Ayala, a resident of San Bernardino, read a letter from Dr. Boring, Assistant Superintendent of the San Bernardino Unified School District, opposing the approval of an ABC license for the mini-market to sell beer and wine for off-site consumption. He stated that the mini-market is too close to a local school, and will increase traffic congestion and crime in the area. Barbara Fiori, 827 W. 23rd Street, San Bernardino, California, spoke in opposition to CUP 90-15 and presented a petition with thirty-six signatures of residents opposing the sale of beer and wine at the mini-market on the corner of "H" Street and Highland Avenue. Cruz Martinez, 807 W. 23rd Street, San Bernardino, spoke in opposition to approval of CUP 90-15. Suzanne Johnson, a opposition to CUP 90-15. of the crime within a five resident of Sundance Drive, spoke in She provided statistical information block area of the mini-market. Mike Esques, 789 W. 23rd Street, disapproved of mini-market being allowed to sell beer and wine neighborhood for off-site consumption. another in the Manual Buelna, 847 W. 24th Street, spoke in support of CUP 90-15. He stated that he is a frequent visitor to the store and that Mr. Khan is a very good businessman. Mr. Jamison responded to some of the concerns expressed by those opposing the application. He pointed out that the applicant is willing to abide by any conditions imposed by the Council. Council Member Minor made a motion, seconded by Council Member Estrada and unanimously carried, that the public hearing be closed. 25 7/2/90 A discussion ensued regarding the Police Department's role in reviewing ABC Licenses and conditional use permits for off- site sale of beer and wine. Council Member Minor made a motion, seconded by Council Member Flores, that the Mayor and Council deny the appeal and deny Conditional Use Permit No. 90-15, based on the findings of fact contained in the Statement of Official Planning Commission Action, Exhibit B. The motion failed Members Reilly, Flores, Maudsley, Pope-Ludlam. by the Minor. Absent: following vote: Ayes: Noes: Council Members Council Member Miller. Council Estrada, Deputy City Attorney Empeno explained that in order for the conditional use permit to be approved, an affirmative vote of four council members is needed. If there is no substitute motion with four affirmative votes, then the applicant's conditional use permit is denied. Deputy City Attorney Empeno requested that the City Attorney be given direction to prepare findings to support the denial of CUP 90-15 and bring back at the next regular meeting. Council Member Minor made a motion, seconded by Council Member Estrada and unanimously carried, that the City Attorney be directed to prepare findings in support of the denial of CUP 90- 15 to come back on July 16, 1990. RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 89-3 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (South side of Ohio Avenue between Olive and Walnut Avenues) (60) In an undated memorandum Larry E. Reed, Director of Planning and Building Services, stated that the Planning Commission at its meeting of April 17, 1990, failed to adopt the proposed General Plan Amendment No. 89-3 to change the land use designation from RL, Residential Low to RS, Residential Suburban for two parcels on the south side of Ohio Avenue between Olive Avenue and Walnut Avenue as requested by One Forty Seven Limited Partnership. In his memorandum Mr. Reed explained that the Planning Commission members were concerned with density, flooding and biological issues. They felt that the lower density of RL, Residential Low, was more appropriate due to the biological concerns which are related to the flooding issue. 26 7/2/90 The Planning and Building Services staff supported the RS designation because the site is bordered by existing RS developments on three sides and also because there is additional RS designated land to the north on property being considered for the State Water Project. Staff has determined that the RS designation is consistent with the goals, objectives and policies of the General Plan. Council Member Minor made a motion, that the resolution be tabled. The motion died for lack of a second. Larry Reed, Director of Planning and Building Services, stated that staff supports the proposed General Plan Amendment which would be in conformity with the surrounding sites designated RS, Residential Suburban. Deputy City Attorney Empeno advised Council that a public hearing before the Mayor and Common Council is required on general plan amendments requests. Mayor Holcomb opened the hearing. Dave Mylnarski, a representative of Monnig Development, 501 North Placentia Avenue, Fullerton, Ca. 92631, requested that General Plan Amendment No. 89-3 be approved. He stated that changing the land use designation from RL to RS would increase the density slightly from what is currently designated. He stated, however, that he has submitted a subdivision map which indicates that on Iv 84 lots will be built on this particular property. He also stated that he will be participating in a Mello Roos District to finance school facilities in the Verdemont area. Mr. Mylnarski answered questions regarding the differences in the total number of homes in the RL and RS designations. He stated that RL allows 69 lots, while RS allows up to 101 lots. Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam, that the second motion supporting staff recommendation for approval of the General Plan Amendment No. 89- 3, to change the land use designation from RL, Residential Low to RS, Residential Suburban be approved. The motion Members Reilly, Estrada, Flores, failed by the following Maudsley, Pope-Ludlam. Minor. Absent: Council vote: Noes: Member Ayes: Council Council Member Miller. *Note: As there was some confusion regarding the motion, Deputy City Attorney Empeno requested clarification as to which motion was made. He stated that agenda item 60 does not have 27 7/2/90 two motions. The only place where there are two motions the staff report which denies General Plan Amendment No. (This matter was reconsidered later. See page 28) is on 89-3. RECESS MEETING At 2:55 p.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 3: 05 p. m., Mayor Holcomb called the Regular Meeting to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam; Deputy City Attorney Empeno, Deputy City Clerk Jones, City Administrator/City Clerk Edwins. Absent: Council Member Miller. RECONSIDERATION - GENERAL PLAN AMENDMENT NO. 89-3 CHANGE LAND USE DESIGNATION FROM RL, RESIDENTIAL LOW TO RS, RESIDENTIAL SUBURBAN - SOUTH SIDE OF OHIO AVENUE BETWEEN OHIO AND WALNUT AVENUES - CONSIDERED EARLIER IN THE MEETING - SEE PAGE 26 Council Member Estrada made a motion, seconded by Council Member Reilly, to reconsider the adoption of General Plan Amendment No. 89-3 to change the land use designation from RL, Residential Low to RS, Residential Suburban. (60) The motion carried by the following vote: Ayes: Council Member Estrada, Reilly, Flores, Maudsley, Pope-Ludlam. Noes: Council Member Minor. Absent: Council Member Miller. RES. 90-288 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 89-3 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (South side of Ohio Avenue between Olive and Walnut Avenues). (60 ) Dave Mylnarski, Monnig Development, Avenue, Fullerton, Ca 92361, stated that condition on the general plan amendment to lots to be built on the subject site. 501 North Placentia he would agree to the allow not more than 84 Deputy City Attorney Empeno explained that the applicant is in total agreement with the City conditioning the general plan amendment to limit the number of lots to be developed on this site. He further stated that if the Council wishes to condition General Plan Amendment No. 89-3, he knows of no authority which prohibits the Council from taking such action. 28 7/2/90 A discussion ensued regarding conditions being placed on the proposed project to allow not more than 84 lots to be developed. Larry Reed, Director of Planning and Building Services, answered questions regarding the best method of conditioning the general plan amendment. This can be done either by indicating a maximum number of units or reducing the density. He stated that in this particular case, he recommends a maximum number of units. Mr. Reed further stated that if the tentative tract proposal came forward with more than 84 lots, staff would recommend denial. Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam, that the hearing be closed; that findings based in the resolution be adopted; and that said resolution be amended by interdelineation on page 3, line 17, by adding "up to a maximum 84 dwelling units on the subject property".; and that said resolution be adopted as amended. Resolution No. 90-288 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Pope-Ludlam. Noes: Council Members Flores, Minor. Absent: Council Member Miller. DEPUTY CITY ATTORNEY EMPENO EXCUSED Deputy City Attorney Empeno left the Council Meeting and was replaced by City Attorney Penman. RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE CITY WIDE STREET LIGHTING AND STREET SWEEPING SERVICES AND CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID SERVICES KNOWN AS ASSESSMENT DISTRICT NO. 994, ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY. (Continued from June 27, 1990)(S-1) City Administrator Edwins gave statistical information on the number of protests received from residents of the City regarding Assessment District No. 994. Roger Hardgrave, Director of Public Works /City Engineer, answered questions regarding the qualifications for low income exemptions. Mr. Hardgrave referred to 1990, in which he presented assessment as follows: his memorandum dated June 29, three alternative methods of 1. Alternate One Provides for a reduction in assessments to mobile home parks. 29 7/2/90 2. Al ternate Two Provides assessments to mobile home (apartments, duplexes, etc.). for parks a reduction in and rental units 3. Alternate Three - Provides for reduction in assessments to mobile home parks, mul ti-family uni ts and condominiums and homes situated within developments that have private streets. Director Hardgrave also answered questions regarding the costs for each of the proposed alternatives of assessment. The Council discussed imposing a cap on assessments based on the Consumer Price Index (C.P.I.) to assure City residents that the assessment would not increase during the second year. It was pointed out by Council that the assessment should be more equitable as some wards may be assessed at a higher rate. Mayor Holcomb stated that a letter dated July 2, 1990, had been received from Mt. Shadows Mobilehome Community representing 700 mobilehome residents of the City agreeing to withdraw previous objections to Assessment District No. 994 if one of the three alternatives proposed by the City is adopted. City Engineer Hardgrave answered questions regarding the total amount to be assessed under alternate method three. He stated that the differences in the rate for mobilehome parks and apartments will be made up by single families paying an additional three dollars per year. The assessment amount will be increased to $46.84. The maximum amount that can legally be assessed is $48.00 as posted in the legal notices that were previously mailed. A discussion ensued regarding use of the twenty percent set aside CDBG funds being used to make up the difference in the assessment costs. Council Member Reilly made a motion, seconded by Council Member Minor, that the protests, if any be overruled; that alternative three as outlined in Roger Hardgrave's staff report dated June 29, 1990, be approved; and that a five percent maximum increase to the Consumer Price Index (C.P.I.) be incorporated in the proposed resolution. The motion Members Reilly, Members Estrada, carried by the following vote: Maudsley, Minor, Pope-Ludlam. Flores. Absent: Council Member Ayes: Noes: Miller. Council Council Director Hardgrave explained the technicality in the resolution which waives the provisions of the Special Assessment Investigation Limitation Act of 1931 and requires a 4/5 vote. If 30 7/2/90 Council does not approve the resolution by a 4/5 vote, staff will have to prepare a debt limitation report which is a computer listing of all parcels in the City. This report compares the parcel's true value against the proposed assessment. Mr. Hardgrave requested that the proposed resolution be continued until the next meeting so that staff can prepare the Debt Limitation Report and prepare a revised resolution eliminating the provisions of the 1931 Act. Mr. Hardgrave answered questions stating that August 6, 1990, is the deadline set by the County Assessor's Office to receive the assessments to appear on next year's tax roll. City Administrator Edwins proposed that the resolution be split into two resolutions as follows: 1. Resolution of the City of San Bernardino finding and determining that the public convenience and necessity require City wide street lighting and street sweeping services and creating an assessment district to cover the costs of said services known as Assessment District No. 994 ordering the work. 2. Resolution of the City of San Bernardino stating that the Special Assessment Investigation and Limitation Act of 1931 shall not apply. City Attorney Penman agreed that the resolution could be divided into two resolutions. Council Member Minor made a motion, seconded by Council Member Reilly, that the resolution pertaining to the provisions that the Special Assessment, Investigation and Limitation Act of 1931 shall not apply be adopted. (six votes required) The motion failed by the following vote: Ayes: Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam. Council Member Flores. Absent: Council Member Miller. Council Noes: No action was taken on the remaining portion of the resolution. City Attorney Penman advised Council that six affirmative votes are required to waive the Special Assessment, Investigation and Limitation Act of 1931 and that the votes cast today are not sufficient to create the assessment district. Mr. Hardgrave answered questions regarding the number of parcels expected to be assessed for over one hundred dollars. 31 7/2/90 It was suggested that the residents of the City should be given an opportunity to vote on the proposed assessment through a ballot measure. Council Member Minor made a motion, seconded by Council Member Reilly, that the resolution be continued to July 9, 1990, at 8:30 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam. Council Member Flores. Absent: Council Member Miller. Council Noes: APPEAL BOARD OF BUILDING COMMISSIONERS' ORDER OF ABATEMENT OF INOPERABLE VEHICLES - 1490 WEST VICTORIA- KENNETH W. NYDAM/ROSCOE SAPP - CONTINUED FROM JUNE 18, 1990 This is the time and place continued to for an appeal of the Board of Building Commissioners' decision to order the abatement of inoperable vehicles located at 1490 West Victoria as requested by Kenneth W. Nydam, attorney representing Roscoe Sapp.(54) In a memorandum dated May 25, 1990, Wayne Overstreet, Director of Facilities Management, stated that a complaint was received regarding abandoned vehicles located at 1490 West Victoria Street. The owner, Mr. 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 of this abatement based upon an earlier inspection by the Fire Marshall. Hearings were held before the Board of Building Commission on April 6, 1990 and May 4, 1990. Wayne Overstreet, Facilities background information on this photographs of the vehicles on Mr. Management Director, provided matter and provided current Sapp's property. Mr. Kenneth W. Nydam, attorney representing Roscoe Sapp, stated that Mr. Sapp is a elderly gentleman whose cars are important to him because of their historic value. Mr. Sapp has lived on this property for 40 years and does not have the ability to remove his vehicles to another place. Mr. Sapp has complied with the Fire Marshall's request to erect a wooden fence around the back of his property which completely encompasses his back yard. Mayor storage of ordinances. Holcomb explained that in residential areas the vehicles is not allowed and is a violation of City 32 7/2/90 Mr. Overstreet answered questions regarding the visibility of the vehicles from locations other than Mr. Sapp's property. Director Overstreet explained that the provisions in the vehicle abatement ordinance. He stated that if the appeal is denied, the applicant will have thirty days to abate the vehicles from the property. Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that the hearing be closed; that the appeal of the Board of Building Commissioners' Order No. 90-VAP-1025-01 dated May 4, 1990, be denied, and the order of the Board of Building Commissioners be upheld; and that if the vehicles and parts thereof are not abated within thirty calendar days by the property owner, the Director of Facilities Management Department be directed to abate the public nuisance, and assess the property owner for all necessary costs. COMMENDATION - MARSHALL JULIAN - CITY ADMINISTRATOR Mayor Holcomb commended Marshall Julian, former City Administrator, for his many years of dedicated service with the City. Shauna Edwins, the newly appointed City Administrator, on behalf of the Mayor, presented a token of appreciation to Marshall Julian. The Mayor and Council gave Mr. Julian a standing ovation. Marshall Julian accepted the gift and thanked the Mayor and Council for their support during his years as City Administrator. ADJOURNMENT At 4:20 p.m., Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the meeting be adjourned to 8:30 a.m., Monday, June 9, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. SHAUNA CLARK City Clerk i .' , , byl 'A'-..q" .~ Deputy~ity Clerk No. Items: 71 No. Hours: 5 hrs. 20 min. 33 7/2/90