HomeMy WebLinkAbout08-20-1990 Minutes
City of San Bernardino, California
August 20, 1990
The regular meeting of the Mayor and Common Council of the
City of San Bernardino was called to order by Mayor Pro Tempore
Reilly at 8:35 a.m., Monday, August 20, 1990, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino,
California.
ROLL CALL
Roll call was taken by City Clerk Krasney with the following
being present: Mayor Pro Tempore Reilly; Council Members Reilly,
Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City
Clerk Krasney, City Administrator Edwins. Absent: Mayor
Holcomb, Council Members Estrada, Flores.
RECESS MEETING - CLOSED SESSION
At B:35 a.m., the Mayor and Common Council and
Development Commission recessed to closed session
following:
( 1)
Community
for the
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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f.
to confer with the attorney regarding
Ii tigation pursuant to Government Code
54956.9(c), so that Council/Commission may
whether to initiate litigation;
pending
Section
decide
g. to confer with the attorney regarding pending
litigation which has been initiated formally to which
the City is a party pursuant to Government Code Section
54956.9(a) as follows:
City of San Bernardino vs. San Bernardino Baseball Club.
Inc. - San Bernardino Superior Court Case No. 239193;
Stubblefield Construction Company. et al vs. City of San
Bernardino. et al - San Bernardino Superior Court Case No.
23299B; San Bernardino Superior Court Case No. 25205B;
Sock Dawson. et al vs. Citv of San Bernardino. et al-
United States District Court Case No. SA 88-461 AHS (RWRx);
Charlotte Revnolds vs. City of San Bernardino San
Bernardino Superior Court Case No. 24B752;
Save San Bernardino vs. City of San Bernardino San
Bernardino Superior Court Case No. 250425;
Citv of Redlands vs. Inland Valley Develooment Aoencv, et al
- San Bernardino Superior Court Case No. 255222;
Citv of San Bernardino vs. Deukmeiian. et al San
Bernardino Superior Court Case No. 256623;
Gleda Br idoes vs. City of San Bernardino - San Bernardino
Superior Court Case No. 220322;
JOY Y. Revnolds vs. Citv of San Bernardino - Los Angeles
Superior Court Case No. BC002117.
CLOSED SESSION
At B:35 a.m., Mayor Pro Tempore Reilly 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 Reilly; Council Members Reilly, Maudsley, Minor,
Pope-Ludlam, Miller; City Attorney Penman, City Administrator
Edwins. Absent: Mayor Holcomb, Council Members Estrada, Flores.
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Also present were: Deputy City Attorney Empeno;
Assistant City Attorney Martin; Deputy City Attorney
Margaret Scroggin, Administrative Operations Supervisor.
Sr.
Roth;
READING OF RESOLUTIONS AND ORDINANCES
City Clerk Krasney read the titles of all
and ordinances on the regular, supplemental
Development Commission agendas.
the resolutions
and Community
CITY CLERK KRASNEY ARRIVED
At B:40 a.m., City Clerk Krasney arrived at the closed
session.
DEPUTY CITY ATTORNEY EMPENO EXCUSED
At B:55 a.m., Deputy City Attorney Empeno left the closed
session.
DEPUTY CITY ATTORNEY ROTH EXCUSED
At 9 :00 a.m. Deputy City Attorney Roth left the closed
session.
COUNCIL MEMBER ESTRADA ARRIVED
At 9:00 a.m., Council Member Estrada arrived at the closed
session.
ADMINISTRATIVE OPERATIONS SUPERVISOR SCROGGIN EXCUSED
At 9: 10 a.m., Margaret Scroggin, Administrative Operations
Supervisor, left the closed session.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
At 9:15 a.m., Council Member Pope-Ludlam left the closed
session.
ADJOURNED 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 9:30 a.m., Mayor Pro Tempore Reilly 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 by City Clerk Krasney with the following
being present: Mayor Pro Tempore Reilly; Council Members
Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Miller; City
Attorney Penman, City Clerk Krasney, City Administrator Edwins.
Absent: Mayor Holcomb; Council Member Flores.
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INVOCATION
The invocation was given by Phil Arvizo, Executive Assistant
to the Council.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Estrada.
PUBLIC COMMENTS - ROGER DUMAS - ANNOUNCED CANDIDACY FOR
CHIEF EXECUTIVE OFFICER - CITY OF SAN BERNARDINO (3)
Roger Dumas spoke regarding the homeless situation in San
Bernardino and announced his candidacy for Chief Executive
Officer for the City of San Bernardino.
PUBLIC COMMENTS - WES JEFFERSON - WESTS IDE ACTION GROUP
(3)
Wes Jefferson, representing the Westside Action Group,
expressed concerns regarding some issues and policies that impact
the community. He stated that there are several key issues that
the City needs to address immediately. These issues are as
follows:
1) Equal opportunity and affirmative action - delete
Section 2.04.040 from the Municipal Code;
2)
Modify Resolution B7-373 and
codes and ordinances that
compliance and the City's
program;
related
address
minority
municipal
contract
business
3) Review a personnel matter with the Westside Action
Group in closed session related to equity in
management appointments.
Mr. Jefferson requested that the City Clerk place these
items on the Council agenda for discussion at the first meeting
in September, 1990.
PUBLIC COMMENTS - RALPH HERNANDEZ - DRUG PROBLEMS (3)
Ralph Hernandez spoke regarding the drug problems on
Gilbert Street. He stated that the Police Department has not
attempted to resolve the drug trafficking at 13th and Gilbert
Street. Mr. Hernandez also expressed opposition to the proposed
paramedic service fee.
APPOINTMENT - JOHN LIGHTBURN - COMMUNITY TV COMMISSION
(4)
In a memorandum dated August 15, 1990, Council Member
Estrada recommended the appointment of John Lightburn, 149 West
6th Street, San Bernardino, to the Community TV Commission.
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Council Member Estrada made a motion, seconded by Council
Member Minor, and unanimously carried, that the appointment of
John Lightburn to the Community TV Commission be approved.
ANNOUNCEMENT BY MAYOR - VIDEO PRESENTATION - CLOSURE OF
TOWN HOUSE MOTEL (2)
A video presentation was presented regarding the condition
of the motel rooms at the Town House Motel.
City Attorney Penman outlined details of the video
presentation to the Council and depicted the unhealthy and
unsanitary conditions of the rooms being occupied as living
quarters. Mr. Penman explained that the motel was closed down
and that the City did provide transportation and alternative
living quarters for the people who were staying in the rooms.
ANNOUNCEMENT BY MAYOR - VIDEO PRESENTATION - SECCOMBE
LAKE PARK RAVINE - LIVING QUARTERS (2)
A video was presented regarding a ravine area behind
Seccombe Lake Park, in which people were living in tents. Some
of these people had police warrants for them and were hiding from
the law.
City Attorney
Seccombe Lake Park,
been cleaned up and
Penman described the ravine
but explained that this whole
the shrubs and debris have been
area behind
area has now
removed.
PROCLAMATION - JTPA - NATIONAL ALUMNI WEEK - AUGUST 27
THROUGH SEPTEMBER 3, 1990 (4)
Lorraine Velarde, Executive Assistant to the Mayor, read a
proclamation declaring August 27 through September 3, 1990 as
National Joint Training Partnership Act (JTPA) Alumni week.
Mr. Robert Narvarro, Chairman of the Private Industry
Council, was present to accept the proclamation from Mayor Pro
Tempore Reilly.
Mr. Robert Narvarro introduced JTPA alumni who, through the
JTPA training program, now have permanent jobs. The following
people were present to accept a certificate from Mayor Pro
Tempore Reilly.
Victor Salazar (wife Maria accepted)
Denise Cooper
patricia Jones
Frankie Smith
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COMMENDATION - MARY GAMBOA - VOLUNTEER AS CITY HALL
RECEPTIONIST & FOR SENIOR NUTRITION PROGRAM (4)
Lorraine Velarde, Executive Assistant to the Mayor, read a
resolution of commendation in memory of Mary Gamboa, who served
as a volunteer for the senior nutrition program and also a
volunteer receptionist for the City Hall lobby. Her loyalty and
dedicated service to the City of San Bernardino was much
appreciated.
Steve Gamboa and Patsy Garcia,
family, were present to accept the
from Mayor Pro Tempore Reilly.
members of
resolution of
Ms . Gamboa's
commendation
SERVICE PIN AWARD CEREMONY
Lorraine Velarde, Executive Assistant to the
names of employees receiving service pin awards.
(5)
Mayor, read the
Each employee received a service pin from Mayor Pro Tempore
Reilly in gratitude of his/her many years of dedicated service
to the City.
WAIVE FURTHER READING OF RESOLUTIONS AND ORDINANCES (6)
Council Member Miller made a motion, seconded by Council
Member Maudsley, and unanimously carried, that further reading of
all resolutions and ordinances on the regular, supplemental and
Community Development Commission agendas be waived.
COUNCIL MINUTES - JULY 16, 1990 & JULY 23, 1990 (7)
Council Member Miller made a motion, seconded by Council
Member Maudsley, and unanimously carried, that the minutes of the
meetings of the Mayor and Common Council of the City of San
Bernardino held on July 16, and July 23, 1990, be approved as
submitted in typewritten form.
REORGANIZATION - CITY ADMINISTRATOR'S DEPARTMENT (8)
In a memorandum dated August 9, 1990, Gordon Johnson,
Personnel Director, stated that per the request of the City
Administrator, a survey was conducted of fourteen other cities
regarding the organizational structure of the City
Administrator/City Manager's Department. It was recommended
that the existing Deputy City Administrator position be
downgraded to Range 44BB, and that the title be changed to
Assistant City Administrator. Six of the ten cities surveyed
utilized the title Assistant City Manager/Assistant City
Administrator as the second in command; whereas, only two of the
ten cities utilized a "Deputy" title. Part of this
reorganization would also entail upgrading the Assistant to the
City Administrator to Assistant City Administrator with the same
salary as recommended above.
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Council Member Miller made a motion, seconded by Council
Member Maudsley, and unanimously carried, that two positions of
Assistant City Administrator (U) be established in the City
Administrator's Department with the salary established at Range
4488 $505B-$6149; that the positions of Deputy City Administrator
and Assistant to the City Administrator be deleted; and that the
Director of Personnel be instructed to update Resolution 6413,
Section 14 and Resolution 6433.
DESIGNATION OF AB 939 MEMBERS - SOLID WASTE TASK FORCE
(9)
In a memorandum dated August 10, 1990, Fred Wilson,
Assistant to the City Administrator, stated that Resolution 90-45
was adopted on February 5, 1990, which designated Councilwoman
Norine Miller as the elected representative to the Solid Waste
Task Force. Due to expressed concerns, a revised resolution was
prepared in April which addressed a membership structure
acceptable to all parties. However, this resolution (Resolution
No. 90-143), did not include the City's representative and
alternate. Although Mayor Holcomb was originally designated as
al ternate to the Task Force, it was recommended that Manuel P.
Moreno, Jr. serve in this capacity.
Council Member Miller made a motion, seconded by Council
Member Maudsley, and unanimously carried, that Councilwoman
Norine Miller be designated as the City's representative to the
Solid Waste Task Force required under AB 939; and that Manuel P.
Moreno, Jr., be designated as the alternate member of the Solid
Waste Task Force required under AB 939.
FINANCIAL SUPPORT - $3,500 - WESTERN REGIONAL LITTLE
LEAGUE BASEBALL, INC. (10)
In a memorandum dated August 13, 1990, Shauna Edwins, City
Administrator, stated that at its meeting of August 13, 1990, the
Ways and Means Committee recommended approval of $3,500 in
financial assistance to the Western Regional Little League
Baseball, Inc.
Council Member Miller made a motion, seconded by Council
Member Maudsley, and unanimously carried, that payment in the
amount of $3,500 to Western Regional Little League Baseball,
Inc., to defray team costs, be authorized.
CONSTRUCTION OF HANDICAPPED RAMPS AT VARIOUS LOCATIONS
APPROVAL OF PLANS AND ADVERTISE FOR BIDS (13)
In a memorandum dated August 9, 1990, Roger Hardgrave,
Director of Public Works/City Engineer, stated that plans for
construction of handicapped ramps at various locations have been
prepared by the Engineering Division and the project is ready to
be advertised for bids. Twenty-eight handicapped ramps will be
constructed at selected locations where they will provide the
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greatest benefit. The total estimated project cost is $49,900.
An amount of $50,000 was allocated in the 19BB/89 budget from
Community Development funds to finance this project.
Council Member Miller made a motion, seconded by Council
Member Maudsley, and unanimously carried, that the plans for
construction of handicapped ramps at various locations, in
accordance with Plan No. B226, be approved; and the Director of
Public Works/City Engineer be authorized to advertise for bids.
REPLACE DECOMPOSED GRANITE WALKWAYS WITH PORTLAND
CEMENT CONCRETE IN SECCOMBE LAKE PARK - APPROVAL OF
PLANS - ADVERTISE FOR BIDS (14)
In a memorandum dated August 9, 1990, Roger Hardgrave,
Director of Public Works/ City Engineer, stated that plans for
the replacement of the decomposed granite walkways, in Phase I-A
of Seccombe Lake Park, have been prepared by the Engineering
Division, and the project is ready to be advertised for bids.
The existing decomposed granite walkways will be removed and
concrete walkways installed. The total estimated project cost
is $90,300. An amount of $90,90B was allocated in the 1990/91
budget.
Council Member Miller made a motion, seconded by Council
Member Maudsley, and unanimously carried, that the plans for
replacing the decomposed granite walkways in Seccombe Lake Park
with Portland Cement Concrete Walkways, in accordance with Plan
No. B234, be approved; and the Director of Public Works/City
Engineer be authorized to advertise for bids.
INSTALLATION OF STORM DRAIN IN REDLANDS BOULEVARD FROM
HUNTS LANE TO WATERMAN AVENUE - APPROVAL OF PLANS-
ADVERTISE FOR BIDS (17)
In a memorandum dated July IB, 1990, Roger Hardgrave,
Director of Public Works/City Engineer, stated that plans for
the construction of the master plan storm drain in Redlands
Boulevard, from Hunts Lane to Waterman Avenue, have been prepared
by the Engineering Division and the project is ready to be
advertised for bids. The pipe installed by this project will
connect to the existing storm drain in Hunts Lane and will
receive storm water from the storm drain to be constructed in
Waterman Avenue by the pavement rehabilitation project. The
total estimated project cost is $452,000. An amount of $357,600
was allocated for this project.
Council Member Miller made a motion, seconded by Council
Member Maudsley, and unanimously carried, that the transfer of
$94,400 from Account No. 24B-368-57B13, "Pershing Avenue, from
40th Street to 4Bth Street," to Account No. 24B-36B-57B35,
"Hedlands Boulevard, from Hunts Lane to Waterman Avenue," be
approved.
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Council Member Miller made a motion, seconded by Council
Member Maudsley, and unanimously carried, that the plans for
construction of a storm drain in Redlands Boulevard, from Hunts
Lane to Waterman Avenue, in accordance with Plan No. B072, be
approved; and the Director of Public Works/City Engineer be
authorized to advertise for bids.
CLAIMS AND PAYROLL (IS)
Council Member Miller made a motion, seconded by Council
Member Maudsley, and unanimously carried, that the claims and
payrolls, and the authorization to issue warrants as listed on
the memorandum dated August 10, 1990, from the Director of
Finance, be approved.
PERSONNEL ACTIONS (19)
Council Member Miller made a motion, seconded by Council
Member Maudsley, and unanimously carried, that the personnel
actions submitted by the Chief Examiner, dated August 9, 1990,
in accordance with all administrative regulations of the City of
San Bernardino, be approved.
RES. 90-351 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AU'rHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND THE SAN BERNARDINO
CONVENTION AND VISITORS BUREAU WHERE THE CITY SHALL
PROVIDE THE BUREAU THE SUM OF $286,000 OVER THE TERM OF
THIS AGREEMENT. (20)
RES. 90-352 A RESOLUTION OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION NO. 88-354, ENTITLED IN
PART, "A RESOLUTION . APPROVING AND AUTHORIZING
EXECUTION AND DELIVERY OF A JOINT POWERS AGREEMENT
CREATING THE BIG INDEPENDENT CITIES EXCESS POOL JOINT
POWERS AUTHORITY. . "; DELETING ARTHUR SCHUBERT AS
THE CITY'S REPRESENTATIVE AND ADDING VICTOR LORCH AS
THE CITY'S REPRESENTATIVE AND ANDREW GREEN, DIRECTOR OF
FINANCE, AS THE CITY'S ALTERNATE REPRESENTATIVE AND
REPEALING RESOLUTION NO. 89-255. (21)
RES. 90-353 - RESOLUTION OF THE CITY OF SAN BERNARDINO
IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF SAN BERNARDINO AND THE CITIES OF COLTON,
FONTANA, GRAND TERRACE, HIGHLAND, LOMA LINDA, REDLANDS,
RIALTO, YUCAIPA AND THE COUNTY OF SAN BERNARDINO
RELATIVE TO A SOURCE REDUCTION AND RECYCLING PLANNING
AGREEMENT. (22)
RES. 90- 354 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING AND DIRECTING THE EXECUTION OF AN EMERGENCY
SHELTER GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND THE SALVATION ARMY. (23)
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RES. 90-355 - RESOLUTION OF THE
AUTHORIZING THE EXECUTION OF AN
CITY COMPANY FOR THE LEASE OF
SECURITY OFFICE.
CITY OF SAN BERNARDINO
AGREEMENT WITH CENTRAL
BUILDING SPACE FOR A
(24)
RES. 90-356 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO ELECTRO CONSTRUCTION CORPORATION
FOR INSTALLATION OF BALLFIELD LIGHTING SYSTEMS FOR
NUNEZ PARK. (26)
RES. 90-357 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CHARLES
R. WILSON AND ASSOCIATES, INC., FOR PROPERTY APPRAISAL
SERVICES FOR THE VERDEMONT AREA COMMUNITY FACILITIES
DISTRICT, ASSESSMENT DISTRICT NO. 995. (27)
RES. 90-35B - RESOLUTION OF THE CITY OF SAN BERNARDINO
ASCERTAINING THE GENERAL PREVAILING RATES OF WAGES FOR
PUBLIC PROJECTS OF SAID CITY, AND RESCINDING RESOLUTION
NO. 12846. (28)
Council Member Miller made a motion, seconded by Council
Member Maudsley, that said resolutions be adopted.
Resolution Nos. 90-351, 90-352, 90-353, 90-354, 90-355, 90-
356, 90-357 and 90-358 were adopted by the following vote: Ayes:
Council Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam,
Miller. Nays: None. Absent: Council Member Flores.
MC-740 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING SAN BERNARDINO MUNICIPAL CODE SECTION 3.52.040
BY ADDING SAN BERNARDINO MUNICIPAL CODE SECTION
3.52.040C RELATING TO THE TRANSIENT OCCUPANCY TAX.
(FINAL) (29)
Council Member Miller made a motion, seconded by Council
Member Maudsley, that said ordinance be adopted.
Ordinance MC-740 was adopted by the following vote: Ayes:
Council Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam,
Miller. Nays: None. Absent: Council Member Flores.
JOINT POWERS FINANCING AUTHORITY REGULAR MEETING (30)
Council Member Miller made a motion, seconded by Council
Member Maudsley, and unanimously carried, that the regular
meeting of the Joint Powers Financing Authority be adjourned to
September 17, 1990.
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"------_._.._--~- .-~----_._----------_.._---------_._--_.-
SET PUBLIC HEARING - SEPTEMBER 5, 1990, 10:00 A.M.-
ESTABLISHMENT OF APPEAL FEE FOR VEHICLE, WEED AND
BUILDING APPEALS - TO THE MAYOR AND COMMON COUNCIL (I1)
In a memorandum dated, July 31, 1990, Shauna Edwins, City
Administrator, stated that currently the municipal code does not
allow for an appeal fee of all vehicle, weed and
building/nuisance abatement appeals made to the Mayor and Common
Council. Due to the time and preparation involved in hearing
these appeals, it is proposed that an appeal fee of $75.00 be
established. This fee will be charged to appellants who have
previously protested to the Board of Building Commissioners and
their protests have been denied. The ordinance allows for the
reimbursement of the appeal fee at the discretion of the Mayor
and Common Council should the appeal be granted.
City Administrator Edwins explained the criteria used to
establish the $75.00 fee. She stated that the Council can refund
the fee to the appellant if the Council felt it were justified.
The Council discussed the $75.00 appeal fee and requested
that the refund fee be mandatory if the appeal is upheld.
Council Member Miller made a motion, seconded by Council
Member Estrada, that a public hearing be set for September 5,
1990, at 10:00 a.m., to consider the establishment of an appeal
fee for all vehicle, weed and building abatement appeals made to
the Mayor and Common Council; and that the proposed ordinance be
amended as follows: in Sections 1, 2, and 3, substituting the
words" "appeal fee shall be reimbursed" instead of "appeal
fee can be reimbursed...".
The motion carried by
Members Estrada, Reilly,
Council Member Pope-Ludlam.
the following vote: Ayes: Counc il
Maudsley, Minor, Miller. Nays:
Absent: Council Member Flores.
CHANGE ORDER NO. THREE - MODIFICATION OF ELECTRICAL
SERVICE - CONSTRUCTION OF IMPROVEMENTS TO PERRIS HILL
PARK - HUBBS EQUIPMENT & CONSTRUCTION (12)
In a memorandum dated July 30, 1990, Roger Hardgrave,
Director, Public Works/City Engineer, explained the problems with
the electrical service involved in the construction of
improvements to Perris Hill Park by Hubbs Equipment and
Construction. During installation, the City was informed by the
Edison Company that the existing oil switches were antiquated and
unsafe for use. Additionally, there were problems with finding a
proper location for the transformer and the fact that existing
conductors did not meet the size requirements of the National
Electrical Code.
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Roger Hardgrave, Director of Public Works/City
answered questions regarding the amount of funds
overall in the contingency fund for the project
anticipated balance after the project is funded.
Engineer,
available
and the
It was the consensus of the
to this afternoon to allow Roger
report of the contingency fund.
Council to continue this matter
Hardgrave to prepare a detailed
(See page 2B)
COUNCIL MEMBER MILLER EXCUSED
At 10:25 a.m., Council Member Miller left the Council
meeting.
REPLACEMENT OF ABANDONED DRIVEWAYS - APPROVAL OF PLANS
- ADVERTISE FOR BIDS (15)
In a memorandum dated August 9, 1990, Roger Hardgrave,
Director of Public Works/City Engineer, stated that authorization
was granted to proceed with the fill-in of thirteen abandoned
driveways. A protest hearing was held and the protests were
overruled. It was found and determined that the improvements
were needed for public convenience and necessity. The Director
of Public Works/City Engineer was directed to cause the
installation of improvements to close abandoned driveways for any
parcel for which the owner had not started construction by
May 22, 1990.
Council Members expressed concern about not going through
the bid process.
Roger Hardgrave, Director of Public Works/City Engineer,
explained the process used.
The Council recommended that staff delay action until a
better price for construction can be obtained, then the request
to fill-in abandoned driveways can be placed on the agenda again.
Council Member Maudsley made a motion, seconded by Council
Member Estrada, and unanimously carried, to continue the plan
approval and authorization to advertise for bids for fill-in of
abandoned driveways to the meeting of October 15, 1990, in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
REPLACEMENT OF ABANDONED DRIVEWAYS - APPROVAL OF PLANS
ADVERTISE FOR BIDS (16)
In a memorandum dated August 9, 1990, Roger Hardgrave,
Director of Public Works/City Engineer, stated that authorization
was granted to proceed with the fill-in of fifteen abandoned
driveways. A protest hearing was held and the protests were
overruled. It was found and determined that the improvements
were needed for public convenience and necessity. The Director
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of Public Works/City Engineer was
installation of improvements to close
any parcel for which the owner had not
June B, 1990, except for Parcel No.
continued to September 5, 1990. (See
regarding the fill-in of these abandoned
directed to cause the
abandoned driveways for
started construction by
140-211-47, which was
discussion on Item 15
driveways.)
Council Member Maudsley made a motion, seconded by Council
Member Estrada, and unanimously carried, to continue the plan
approval and authorization to advertise for bids for fill-in of
abandoned driveways to the meeting of October 15, 1990, in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino.
RES. 90-359 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
SMITHSON/DILLON ASSOCIATES '1'0 PERFORM CONSULTING
SERVICES FOR PLANNING AND BUILDING SERVICES DEPARTMENT.
(25)
City Attorney Penman explained that insurance is usually
required for contract agreements, but in this case, it is not
recommended. Mr. Penman pointed out that there is limited
exposure in this consultant contract agreement. He stated that
Risk Management is not recommending the insurance provision.
Council Member Minor made a motion, seconded by Council
Member Estrada, that said resolution be adopted.
Resolution
Ayes: Council
Ludlam. Nays:
No. 90-359 was adopted by the following vote:
Members Estrada, Reilly, Maudsley, Minor, Pope-
None. Absent: Council Members Flores, Miller.
COUNCIL MEMBER MILLER RETURNED
Council Member Miller returned to the Council meeting and
took her place at the council table.
PUBLIC HEARING - TO HEAR ORAL BIDS - SALE OF THREE
CITY-OWNED PROPERTIES 1215 COLIMA ROAD AT GARNER-
PROPERTY LOCATED BETWEEN RIALTO AVENUE AND BELLEVIEW
AVENUE, WEST OF PENNSYLVANIA - PROPERTY LOCATED ON THE
SOUTH SIDE OF RIALTO AVENUE, BETWEEN RANCHO AVENUE AND
PENNSYLVANIA AVENUE (31)
This is the time and place set for a public hearing to hear
oral bids for the sale of three City-owned properties.
In a memorandum dated August 6, 1990, Roger Hardgrave,
Director of Public Works/City Engineer, stated that according to
established procedures and pursuant to action taken by Mayor and
Council on July 16, 1990, Resolution No. 90-314, giving notice
inviting bids, was adopted relative to the sale of three parcels
of properties: 1215 Colima Road, ]5. 05-1B1A; triangular parcel
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between Rialto Avenue and Belleview, west of Pennsylvania Avenue,
15.05-1B1C; and triangular parcel on the south side of Rialto
Avenue, between Rancho Avenue and Pennsylvania Avenue, 15.05-
1B1D.
PARCEL ONE - 1215 COLIMA ROAD AT GARNER - 15.05-181A
Mayor Pro Tempore Reilly opened the hearing.
Shauna Edwins, City Administrator, stated that no written
bids had been received.
Mayor Pro 'l'empore Reilly asked if there are any oral bids
for parcel one located at 1215 Colima Road at Garner.
There were no oral bids.
Anne DeBolt, Real Property Specialist,
regarding the property's appraisal and the
bid of $29,000.
answered questions
established minimum
Discussion ensued regarding the appraised value of the
property and the asking price. The Council also discussed
contacting a broker to place the property on multiple listing.
Council Member Miller made a motion, seconded by Council
Member Pope-Ludlam, and unanimously carried, that the hearing be
closed; that because no bids were received relative to the sale
of that certain City-owned property located at 1215 Colima Road
(15.05-181A), in the City of San Bernardino, that the Real
Property Section of the Public Works Department be authorized to
re-advertise said property for sale with the understanding that a
broker will be contacted to place the property on multiple
listing and that the appraised value be lowered by ten percent.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
At 10:35 a.m., Council Member Pope-Ludlam left the Council
meeting.
PARCEL THREE - PARCEL LOCATED BETWEEN RIALTO AVENUE AND
BELLEVIEW AVENUE. WEST OF PENNSYLVANIA AVENUE - 15.05-181C
Mayor Pro Tempore Reilly opened the hearing.
Anne DeBolt, Real Property Specialist, stated that no
written bids were received.
Mayor Pro Tempore Reilly asked if there are any oral bids
for parcel three, located between Rialto Avenue and Belleview
Avenue, west of Pennsylvania Avenue.
14
8/20/90
There were no oral bids.
Council Member Minor made a motion, seconded by Council
Member Estrada, and unanimously carried, that the hearing be
closed; that because no bids were received relative to the sale
of that certain City-owned property located between Rialto Avenue
and Belleview Avenue, west of Pennsylvania Avenue (15.05-181C),
in the City of San Bernardino, that the Real Property Section of
the Public Works Department be authorized to re-advertise said
property for sale with the understanding that a broker will be
contacted to place the property on multiple listing and that the
appraised value be lowered by ten percent.
PARCEL FOUR - SOUTH SIDE OF RIALTO AVENUE. BETWEEN
RANCHO AVENUE AND PENNSYLVANIA AVENUE - 15.05-181D
Mayor Pro Tempore Reilly opened the hearing.
Anne DeBolt, Real Property Specialist, stated that no
written bids were received.
Mayor Pro Tempore Reilly asked if there
for parcel four located on the south side
between Rancho Avenue and Pennsylvania Avenue.
are any oral bids
of Rial to Avenue
There were no oral bids.
Council Member Minor made a motion, seconded by Council
Member Estrada, and unanimously carried, that the hearing be
closed; that because no bids were received relative to the sale
of that certain City-owned property located on the south side of
Rialto Avenue, between Rancho Avenue and Pennsylvania Avenue
(15.05-181D), in the City of San Bernardino, that the Real
Property Section of the Public Works Department be authorized to
re-advertise said property for sale with the understanding that a
broker will be contacted to place the property on multiple
listing and that the appraised value be lowered by ten percent.
RES. 90-360 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN CITY
OF SAN BERNARDINO AND THE SAN BERNARDINO COMMUNITY
AGAINST DRUGS WHERE THE CITY SHALL PROVIDE THE SAN
BERNARDINO COMMUNITY AGAINST DRUGS THE SUM OF $44,500
FOR FISCAL YEAR 1990-91 FUNDING. (Continued from
August 6, 1990) (32)
Council Member Maudsley made a motion, seconded by Council
Member Miller, that said resolution be adopted.
Ayes:
Nays:
Resolution No. 90-360 was adopted by the following vote:
Council Members Estrada, Reilly, Maudsley, Minor, Miller.
None. Absent: Council Members Flores, Pope-Ludlam.
15
B/20/90
COUNCIL MEMBER POPE-LUDLAM RETURNED
At 10:45 a.m., Council Member Pope-Ludlam returned to the
Council meeting and took her place at the council table.
RES. 90-361 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN SAID
CITY AND STACHE ENTERTAINMENT, INC. CONCERNING THE
PROVIDING OF LAW ENFORCEMENT AND TRAFFIC CONTROL AT THE
MAIN EVENT ROCK CONCERT HELD AT GLEN HELEN REGIONAL
PARK ON SEPTEMBER 1, 2, AND 3, 1990. (33)
City Attorney Penman stated that the promoters of the
concert are not in agreement with the City as to the number of
police officers required for law enforcement and traffic control
at the rock concert. Mr. Penman explained that Stache
Entertainment, Inc., is required to reimburse police personnel
directly. He stated that a letter of credit for one-hundred and
fifty percent above the total contract price must be furnished
prior to execution the agreement.
Council Member Minor made a motion, seconded by Council
Member Maudsley, that said resolution be adopted.
Resolution No. 90-361 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Pope-
Ludlam, Miller. Nays: None. Absent: Council Member Flores.
RES. 90-362 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BY AND
BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO PRIDE, INC. (Use of Fiscalini Field)
(34)
Annie Ramos, Director, Parks, Recreation and Community
Services Department, answered questions regarding some of the
language in the lease agreement stating that it was modeled after
the agreement with the Spirit Baseball Club.
The Council discussed possible repairs
which might be required if a major disaster
time frame involved to perform such repairs.
to the
occurred,
facility
and the
Dennis Barlow, Senior Assistant City Attorney, explained
that the lease agreement allows the City to notify the Lessee
within fifteen days of its ability to repair the baseball park
depending on the availability of sufficient funds.
16
B/20/90
Annie Ramos, Director of Parks, Recreation and Community
Services Department, stated that a total of twenty-eight games
have been scheduled by San Bernardino Pride, Inc. for the season,
and pointed out that it is a much shorter season then the Spirit
Baseball Club.
Discussion ensued regarding the approximate number of people
expected to attend each game.
Council Member Minor made a motion, seconded by Council
Member Reilly, that said resolution be adopted.
Resolution
Ayes: Council
Ludlam. Nays:
Flores.
No. 90-362 was adopted by the following vote:
Members Estrada, Reilly, Maudsley, Minor, Pope-
Council Member Miller. Absent: Council Member
FINDINGS TO SUPPORT DENIAL OF CONDITIONAL USE PERMIT
NO. 90-15 SALE OF BEER AND WINE FOR OFF-SITE
CONSUMPTION AT MINI-MARKET NORTHWEST CORNER OF
HIGHLAND AVENUE AND "H" STREET - CONTINUED FROM JULY
16, 1990 (35)
This is the time and place continued to for consideration of
findings to support 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 the northwest corner of Highland
Avenue and "f1" Street.
In a memorandum dated July 13, 1990, James Penman, City
Attorney, stated that on July 2, 1990, the Mayor and Common
Council in effect denied C.U.P. No. 90-15. A motion to deny
C.U.P. No. 90-15 was not carried based on a three to three vote
and no subsequent action to approve the C.U.P. was taken.
Subsequently, the Council voted unanimously to direct the City
Attorney to prepare findings in support of the denial of the
C.U.P. No. 90-15.
City Attorney Penman explained that this
hearing as the hearing was previously closed.
explained that the Council can only address
support denial of the C.U.P.
is not a public
Mr. Penman also
the findings to
Discussion ensued regarding the
approving the findings to support
Permit No. 90-15.
legalities involved with not
denial of Conditional Use
Council Member Minor made a motion, seconded by Council
Member Estrada, to adopt the findings of fact in support of
denial of Conditional Use Permit No. 90-15, as provided by the
City Attorney's Office.
17
B/20/90
-"'_--~'----~---'---.-,----_._-_._-,~,.__.~---~--
The motion carried by
Members Estrada, Reilly,
Council Member Pope-Ludlam.
the following vote: Ayes: Council
Maudsley, Minor, Miller. Nays:
Absent: Council Member Flores.
COUNCIL MEMBER MINOR EXCUSED
Council Member Minor left the Council meeting.
APPEAL BOARD OF BUILDING COMMISSIONERS' ABATEMENT
ACTIONS 555 WEST VICTORIA WILLIAM BRINGMAN-
CONTINUED FROM AUGUST 6, 1990 (36)
This is the time and place continued to for an appeal filed
by William Bringman relative to the Board of Building
Commissioners' finding regarding abatement actions at 555 West
Victoria.
In a memorandum dated July 23, 1990, Larry E. Reed, Director
of Planning and Building Services, stated that on December 20,
19B9, an inspection was made on the property located at 555 West
Victoria. The inspection revealed that the structure was open
and vacant with trash and debris throughout the property. On
December 25, 1989, the structure suffered major fire damage. On
December 29, 1989, it was determined that the structure was still
open presenting an immediate health and safety hazard. On
January 10, 1990, the structure was abated at a cost of $7,172.
The owner was notified of the abatement order.
Council Member Estrada made a motion, seconded by Council
Member Miller, and unanimously carried, that the appeal of Board
of Building Commissioners' findings relative to abatement actions
at 555 West Victoria, be continued to the meeting of September
17, 1990, in the Council Chamber, 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.
FEE WAIVER & CO-SPONSORSHIP OF OPTION HOUSE PICNIC-
SEPTEMBER 1, 1990 - PERRIS HILL PARK (37)
In a memorandum dated August 6, 1990, John Kramer,
Superintendent of Recreation, stated that he had received a
request from Option House to use perris Hill Park and certain
equipment for a fund raising event on September 1, 1990. Option
House is also requesting a waiver of fees associated with the
park and equipment usage. It was recommended that the City
support this event in the amount of $575, as requested, from the
City's promotion account.
1B
B/20/90
Council Member Pope-Ludlam made a motion, seconded by
Council Member Miller, that the fee in the amount of $575 for
City services to be provided to Option House for a picnic be
waived in accordance with Resolution No. B9-500 based upon the
finding that the fees would create a financial hardship
jeopardizing the event planned for such use and that the picnic
will be of unusual benefit to the inhabitants and should be
supported with public funds.
'fhe motion carried by the following vote: Ayes:
Members Estrada, Reilly, Maudsley, Pope-Ludlam, Miller.
Council Member Minor. Absent: Council Member Flores.
Council
Nays:
FEE WAIVER & CO-SPONSORSHIP - INLAND EMPIRE HISPANIC
CHAMBER OF COMMERCE - SEPTEMBER 16, 1990 CELEBRATION AT
NUNEZ PARK (38)
In a memorandum dated August 13, 1990, Annie Ramos, Director
of Parks, Recreation and Community Services, stated that she had
received a request from the Inland Empire Hispanic Chamber of
Commerce to use Nunez Park for its annual 16th of September
celebration. The Chamber estimates that approximately 50,000
local area citizens attended the three day fiesta in 1989. The
use of Nunez Park requires that equipment, such as picnic
tables, trash cans, bleachers, barricades and other related items
be added to the park. All of this requires the use of City
forces. The Chamber requested that the fees and manpower costs
of $12,74B incurred by the City for assisting in the celebration
be waived.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Estrada, that the September 16, 1990, celebration
at Nunez Park by the Inland Empire Hispanic Chamber of Commerce
be co-sponsored by the City and the costs incurred by the use of
City forces, equipment and Police personnel in the amount of
$12,74B, be waived.
The motion carried by the following vote: Ayes:
Members Estrada, Reilly, Maudsley, Pope-Ludlam, Miller.
Council Member Minor. Absent: Council Member Flores.
Council
Nays:
FEE WAIVER & CO-SPONSORSHIP RED RIBBON PARADE-
OCTOBER 20, 1990 SAN BERNARDINO COMMUNITY AGAINST
DRUGS (39)
In a memorandum dated August 7, 1990, John Kramer,
Superintendent of Recreation, stated that the San Bernardino
Community Against Drugs, Inc., has requested that fees in the
amount of $2,019 associated with the second annual Red Ribbon
Parade scheduled for October 20, 1990, be waived. It is highly
appropriate that the City be a partner in this event to help
combat drugs in the community and the waiver of the fees was
recommended.
]9
B/20/90
Council Member Estrada made a motion, seconded by Council
Member Miller, that the Red Ribbon Parade scheduled for October
20, 1990, by the Community Against Drugs be co-sponsored by the
City and the costs incurred by the use of City forces, equipment
and Police personnel in the amount of $2,019, be waived.
The motion carried by the following vote: Ayes:
Members Estrada, Reilly, Maudsley, Pope-Ludlam, Miller.
Council Member Minor. Absent: Council Member Flores.
Council
Nays:
RECESS MEETING
At 11:10 a.m., Mayor Pro Tempore Reilly declared a ten
minute recess.
RECONVENE MEETING
At 11:20 a.m., Mayor Pro Tempore Reilly
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 Krasney with the following
being present: Mayor Pro Tempore Reilly; Council Members
Estrada, Reilly, Maudsley, Minor, Pope-Ludlam; City Attorney
Penman, City Clerk Krasney, City Administrator Edwins. Absent:
Mayor Holcomb; Council Members Flores, Miller.
COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY-
REGULAR MEETING
At 11:20 a.m., the regular meeting of the Community
Development Commission/Redevelopment Agency was called to order
by Vice-Chairman Estrada in the Council Chambers, City Hall, 300
North "D" Street, San Bernardino, California.
RES. 90-363 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO
PROJECT AGREEMENT AMONG THE CITY OF SAN BERNARDINO;
DOANE PRODUCTS COMPANY; FIRST INTERSTATE BANK OF TEXAS,
N.A.; FIRST NATIONAL BANK AND TRUST COMPANY OF JOPLIN;
AND WELLS FARGO BANK, NATIONAL ASSOCIATION RELATING TO
THE INDUSTRIAL DEVELOPMENT REVENUE NOTES OF 19B2.
(R-5)
RES. 90-364 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A LEASE BY AND BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND
THE CITY OF SAN BERNARDINO RELATING TO THE DOROTHY
INGRAM LIBRARY. (R-6)
Council Member Pope-Ludlam made a motion, seconded by
Council Member Minor, that said resolutions be adopted.
20
B/20/90
Resolution Nos. 90-363 and 90-364 were adopted
following vote: Ayes: Council Members Estrada,
Maudsley, Minor, Pope-Ludlam. Nays: None. Absent:
Members Flores, Miller.
by the
Reilly,
Council
COUNCIL MEMBER POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council meeting.
RES. 90-365 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO
THE STATE COLLEGE REDEVELOPMENT PROJECT AREA OF THE
ACQUISITION OF CERTAIN PROPERTY FOR POLICE DEPARTMENT
EXPANSION AND RELATED PARKING FACILITIES. (R-7)
Council Member Minor made a motion, seconded by Council
Member Reilly, that said resolution be adopted.
Resolution No. 90-365 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Maudsley, Minor. Nays:
None. Absent: Council Members Flores, Pope-Ludlam, Miller.
RECESS MEETING - CLOSED SESSION
At 11:30 a.m., the Mayor and Common Council acting as the
Community Development Commission recessed to closed session in
the conference room of the Council Chambers, City Hall, 300 North
"D" Street, San Bernardino, California.
ADJOURN CLOSED SESSION
At 12:25 p.m., the Mayor and Common Council acting as the
Community Development Commission reconvened from closed session
and adjourned until 2:00 p.m., in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
RECONVENE MEETING
At 2:10 p.m., Mayor Pro Tempore Reilly
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 Krasney with the following
being present: Mayor Pro Tempore Reilly; Council Members
Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Miller; Deputy
City Attorney Empeno, City Clerk Krasney, City Administrator
Edwins. Absent: Mayor Holcomb; Council Member Flores.
21
B/20/90
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 JUNE 18, 1990 (40)
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.
Mayor Pro Tempore Reilly stated that a letter was received
from Adams Advertising requesting a continuance to the meeting of
November 5, 1990.
Council Member Miller made a motion, seconded by Council
Member Estrada and unanimously carried, that Conditional Use
Permit No. 89-5, removal of billboard at 237 East 5th Street, be
continued to the meeting of November 5, 1990, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino,
California.
APPEAL - DENIAL OF VARIANCE NO. 90-09 - REVIEW OF PLANS
NO. 89-87 - CONSTRUCTION OF OFFICE AND WAREHOUSE WITH
OUTSIDE STORAGE (41)
This is the time and place set to hear an appeal filed by
Jimmie Cartee regarding Planning Commission's denial of Variance
No. 90-09, and review of Plans No. B9-B7 for construction of
office and warehouse with outside storage.
In a memorandum dated August 7, 1990, Larry Reed, Director
of Planning/Building Services, stated that Review of Plans B9-87
is a proposal to construct a two-story contractor's office and
warehouse with outside storage on a 1.15 acre site located 900
feet north of Mill Street on the west side of Allen Street in the
CH, Commercial Heavy land use designation. The applicant has
requested a variance from Code Section 19.56.380 to use magnesium
chloride or 6 inches of slag in lieu of paving the outside
storage area to accommodate heavy equipment/loads.
Mayor Pro Tempore Reilly opened the hearing.
John Montgomery, Principal Planner, Planning/Building
Services, gave the background of the appeal and Planning
Commission's denial of Variance No. 90-09. He outlined the
options available and staff's recommendation.
Deputy City Attorney Empeno stated that the Attorney's
Office, at the Planning Commission meeting, raised an objection
of granting the variance. The basis of this objection was
because of the nature of this request and the similarity to other
22
B/20/90
requests that are pending.
advisable for the City to
Section 19.56.380, Pavement
to the applicant's request,
variance.
Mr. Empeno stated that it is more
investigate amending Municipal Code
Surfaces, which would provide relief
and would also eliminate granting a
Mr. Empeno read Municipal Code Section 19.56.380, which
refers to asphaltic concrete surfacing or paving. Mr. Empeno
explained that in a situation dealing with storage yards in
industrial areas and there is a reason for deviating from
asphalt or concrete pavement, it is a good idea to use the kind
of surface the applicant is requesting. Mr. Empeno explained
that the Municipal Code does not allow any deviation and that is
why the applicant has requested a variance.
The Council discussed a letter from Mr. Leonard Gonzales
expressing concerns regarding the proposal.
Jimmie Cartee, architect for the project, answered questions
regarding dust control for the area. He stated that with the
magnesium chloride or slag, there is no dust problem, as dust is
absorbed into the ground.
Discussion ensued regarding the block wall set back and
mitigation of the concerns expressed by Mr. Gonzales.
Jimmie Cartee described the materials used in magnesium
chloride and slag pavements.
John Montgomery,
stating that there are
of storage areas.
Principal Planner, answered questions,
no landscape requirements for these type
Council Member Minor made a motion, seconded by Council
Member Pope-Ludlam, and unanimously carried, that the hearing be
closed; that the appeal be upheld; and that Review of Plans No.
B9-87 and Variance No. 90-09 be approved subject to the findings
of fact and conditions in Attachment C; that the negative
declaration be adopted; and that staff be directed to amend the
Municipal Code Section 19.56. 3BO to allow appropriate surface
materials based on the type of use.
APPEAL - DEVELOPMENT REVIEW COMMITTEE'S APPROVAL OF LOT
LINE ADJUSTMENT NO. 90-23 (42)
This is the time and place set to hear an appeal filed by
John Lightburn regarding the Development Review Committee's
approval of Lot Line Adjustment No. 90-23, located on 3.3 acres
at the northwest corner 01 Court Street and Arrowhead Avenue.
23
8/20/90
----_._"--_.._~~..__._------_.__........._._.._---------.----... -,^
In a memorandum dated July 27, 1990, Larry Reed, Director of
Planning and Building Services, stated that Lot Line Adjustment
No. 90-23 combines thirteen lots into two lots consisting of a
total of 3.3 acres. Lot line adjustments are categorically
exempt from the provisions of CEQA (Section 15305), if new
parcels are not created. The proposed configuration complies
with all pertinent criteria set forth in the Municipal Code and
is consistent with the General Plan.
Mayor Pro Tempore Reilly recommended that
referred to the Planning Commission since it
reviewed by them.
the
had
appeal be
not been
CITY ATTORNEY PENMAN RETURNED
City Attorney Penman returned to the Council meeting and
replaced Deputy City Attorney Empeno.
Discussion ensued regarding the applicant having to pay an
additional appeal fee, if the applicant is not satisfied with
the Planning Commission's decision.
City Attorney Penman explained that the applicant would not
be required to pay an additional appeal fee, since it would be
the Council's recommendation to refer the lot line adjustment
appeal to the Planning Commission.
Council Member Estrada made a motion, seconded by Council
Member Pope-Ludlam, that the appeal of the Development Review
Committee's approval of Lot Line Adjustment No. 90-23, be
referred to the Planning Commission.
The motion carried by the following vote: Ayes:
Members Estrada, Reilly, Minor, Pope-Ludlam, Miller.
Council Member Maudsley. Absent: Council Member Flores.
Council
Nays:
CITY ATTORNEY PENMAN EXCUSED
City Attorney Penman left the Council meeting and was
replaced by Deputy City Attorney Empeno.
TENTATIVE TRACT NO. 147Bl WITH ONLY ONE STANDARD
MEANS OF ACCESS (43)
This is the time and place set to consider approval of
Tentative Tract No. 147B1, which is located on the east side of
Lynwood Way approximately 176 feet south of Pacific Street and
provides only one standard means of access.
In a memorandum dated August 6, 1990, Larry Reed, Director
of Planning and Building Services, stated that Tentative Tract
No. 14781 is a proposed subdivision consisting of nineteen
single-family lots on 7.55 acres. The project has only one
standard means of ingress and egress which is via Valaria Drive
24
8/20/90
. ._._--_._-----_."._"--..-._-~-----------
to Byron Street or Amanda Street. Pursuant to Munic ipal Code
Section 1B.40.160, Subsection (B), the tentative map is required
to provide for at least two different standard routes of access.
Subsection (C) however, provides for exemptions from this
requirement.
John Montgomery, Principal Planner, explained that this is
not an appeal, but is a technicality to comply with the code.
He stated that Section 1B.41.160, Subsection (C), provides that
one means of access may be approved by Council if the project is
located outside the high fire hazard area and a traffic engineer
study has been conducted and supports deleting the secondary
access.
Tom Similac, 1434 Lynwood Way, San Bernardino, California,
expressed concern over the traffic survey completed for the area.
He stated that the survey was not conducted during the school
year. He requested that another traffic survey be done during
the school year.
Discussion ensued regarding when the traffic study was
completed.
Council Members
survey and the manner
determined.
expressed concern regarding the traffic
in which the days and the peak hours were
Deputy City Attorney Empeno explained that in a memorandum
dated July 24, 1990, the Fire Chief concurred with requiring only
one standard means of access, with the condition that all homes
in the tract have residential sprinklers and Class A roofs
installed.
Council Member Miller made a motion, seconded by Council
Member Estrada, and unanimously carried, to direct staff to study
the traffic stops and signs at Valaria and Pacific Streets; that
Tentative Tract No. 147B1 be continued to the meeting of
September 5, 1990; and that the Fire Chief and Traffic Engineer
be present at that meeting.
CITY ATTORNEY PENMAN RETURNED
At 3:00 p.m., City Attorney Penman returned to the Council
meeting and replaced Deputy City Attorney Empeno.
ACQUISITION OF DELMANN HEIGHTS - WATER DEPARTMENT (S-l)
In a memorandum dated August 15, ]990, Ken Henderson,
Director of Community Development, stated that the Mayor and
Council requested the acquisition of Delmann Heights water area,
because of poor quality water service and the seriously
deteriorated condition of the water mains and related system
infrastructure. At the time of the request, the City informally
agreed with the Water Department to pay the acquisition cost out
25
8/20/90
.--------.-,-------.....--.~~--~-+--.----,--.------.--'----.-_'___'_._________. .__n..__
of future Community Development Block Grant (CDBG) funds. The
water system was acquired through eminent domain in which the
East Valley Water District also participated by condemning the
Southern California Water System in the Highland area. The
condemnation suit has been completed and the acquisition cost for
the entire system is $5,465,000. The City's share of this cost
is $399,26B. This amount can be retired over a period of five
(5) years at an interest rate of 7.5%.
Ken Henderson, Director of
that Community Development Block
are to be considered as potential
explained that if CDBG funds are
annually over five years.
Community Development, stated
Grant and 20% set aside funds
source of funds. Mr. Henderson
to be used, they must be paid
The Council expressed concern over the use of 20% set aside
funds for the acquisition of the Delmann Heights water facility
and explained that the 20% set aside funds are needed for use in
housing projects.
City Attorney Penman referred to a memorandum dated August
20, 1990 from Deputy City Attorney Roth outlining the use of 20%
set aside funds and the legalities involved. The memo states
that if the water service area is predominantly low-income, it
would be legal to use 20% set aside funds.
Ken Henderson stated that the Council must approve the first
payment of $B9,970.72 for the next five years and direct the City
Clerk to place the other allocations on the Council agenda for
the succeeding four years concurrent with the annual CDBG public
hearings. Mr. Henderson recommended that the acquisition of the
Delmann Height system be contingent upon compliance with the
National Environmental Policy Act and the California
Environmental Quality Act.
Council Member Estrada made a motion, seconded by Council
Member Miller, to approve the first five (5) annual
reimbursements to the Water Department of payments totalling
$399,16B made to acquire the Delmann Heights water system
contingent upon compliance with the National Environmental Policy
Act and the California Environmental Quality Act; and direct the
City Clerk to place item regarding acquisition of Delmann
Heights water system on the Council agenda concurrent with the
annual CDBG public hearing for the years 1991-1993.
The motion carried by the following vote: Ayes:
Members Estrada, Reilly, Minor, Pope-Ludlam, Miller.
Council Member Maudsley. Absent: Council Member Flores.
Council
Nays:
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HOMELESS SERVICES ANALYST POSITION (S-2)
In a memorandum dated August 16, 1990, Ken Henderson,
Director of Community Development, stated that at the meeting of
the Mayor and Common Council held on August 6, 1990, there was
confusion regarding the changes to the job description for the
Homeless Services Analyst. The new description fully
incorporates all changes requested by the Homeless Ad Hoc
Committee. The Council also directed staff to identify funds for
this position. After review of statutes and regulations, staff
determined that the most appropriate source of funding is the
Redevelopment Agency's 20% Set Aside Housing fund.
Ken Henderson, Director of Community Development, pointed
out that the Homeless Ad Hoc Committee made some minor changes to
the job description. One of the changes is the position title.
The "Homeless Services Coordinator" position title was changed to
"Homeless Services Analyst". Mr. Henderson summarized the other
changes made to the job description. A revised job description
was distributed.
Pat Tyler, Property Manager, Foothill Villas Apartments,
commented on the homeless services analyst position. Based on
her past experience in working with the homeless, Ms. Tyler
recommended to the Council that extreme caution be taken in
selecting the person to fill the position. She stressed the
importance of communication with the Department of Social
Services and Housing and Urban Development in dealing with the
homeless problems in the City of San Bernardino.
Council Member Maudsley made a motion, seconded by Council
Member Pope-Ludlam, and unanimously carried, that the job
description for the position of Homeless Services Analyst be
approved; that funds in the appropriate amount be appropriated
from the Redevelopment Agency's Twenty Percent (20%) Set-Aside
Low to Moderate Income Housing funds; and that the Director of
Personnel be directed to establish an appropriate salary range
based upon the representative duties and minimum and general
qualifications set forth in the approved job description.
Council Member Maudsley made a motion, seconded by Council
Member Estrada, and unanimously carried, that the contract salary
limit be set at $36,000 and that the contract period not exceed
one year.
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-.---_____._...~__.___,__w,..._~_~____~___.____~__..____~__._.__._
CHANGE ORDER NO. THREE - MODIFICATION OF ELECTRICAL
SERVICE - CONSTRUCTION OF IMPROVEMENTS TO PERRIS HILL
PARK HUBBS EQUIPMENT & CONSTRUCTION DISCUSSED
EARLIER IN MEETING (12)
This is the time and place continued to for approval of
Change Order No. Three modification of electrical service at
perris Hill Park. The contract increase is $B,865.99 and the
work was performed by Hubbs Equipment and Construction Company.
(See page 11)
COUNCIL MEMBER POPE-LUDLAM EXCUSED
At 3:35 p.m., Council Member Pope-Ludlam left the Council
meeting.
Discussion ensued regarding the estimated project cost of
$259,500 and the actual total project cost of $232,581.99 after
approval of Change Order No. Three.
Roger Hardgrave, Director of Public Works/City Engineer,
explained that after approval of Change Order No. Three, there
would be a balance of $776.01 in the contingency fund.
Council Member Estrada made a motion, seconded by Council
Member Miller, and unanimously carried, that Change Order No.
Three to the contract for construction of improvements to Perris
Hill Park, in accordance with Plan No. 7556, be approved; to
direct the contractor to modify the electrical service for an
increase in the contract price of $B,865.99, from $223,716 to
$232,5B1.99.
REPORT RELATIVE TO ORANGE SHOW ROAD EXTENSION & CENTRAL
AVENUE EXTENSION STUDIES (44)
In a memorandum dated August 9, 1990, Larry Reed, Director
of Planning/Building Services, stated that Orange Show Road and
its easterly extension was designated as a major arterial on the
circulation plan adopted as part of the General Plan to provide
east-west access in the southern part of the City. Orange Show
Road is proposed to extend east from its present location between
"E" Street and Arrowhead Avenue to link with Pioneer Avenue over
to Tippecanoe Avenue. At Tippecanoe Avenue it drops to the south
and continues as San Bernardino Avenue over to Mountain View
Avenue. The easterly extension of Orange Show Road to Tippecanoe
would require construction of bridges at East Twin Creek and the
Santa Ana River. It has been suggested that an extension of
Central Avenue westerly through Orange Show Grounds instead of
Orange Show Road would better serve this purpose. It may be
necessary to have two east-west arterials to maintain an
acceptable level of service.
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- -- ___'_____w~_____.________.~,_________.,.________..__.__
- - ~-------_..._-,._~----._,--~._~--~-~....._.,---,-_.
COUNCIL MEMBER ESTRADA EXCUSED
At 3:40 p.m., Council Member Estrada left the Council
meeting.
Valerie Ross, Senior Planner, Planning and Building
Services, gave a report regarding the cost and study of a General
Plan amendment. Staff recommended that no action be taken until
extension studies of Norton reuse and 1-215 widening
alternatives are completed. Ms. Ross also recommended that the
Public Works/Engineering Division take the lead role as it
relates to the circulation element.
Council Member Minor made a motion, seconded by Council
Member Miller, and unanimously carried, that the Director of
Public Works/City Engineer be directed to report back at the
second Council meeting in January, 1991, relative to the status
of the Orange Show Road and Central Avenue extension studies.
ADJOURNMENT (45)
At 3:45 p.m., Council Member Miller made a motion, seconded
by Council Member Minor, and unanimously carried, that the Mayor
and Common Council meeting be adjourned to Thursday, August 23,
1990, at 3:30 p.m., in the Redevelopment Agency Board Room,
Fourth Floor, 300 North "D" Street, San Bernardino, California.
RACHEL KRASNEY
City Clerk
, 7ft'
By ;dU7/uIJ' 1fciuJaJ
/ Deputy Ci y Clerk
No. of Items: 58
No. of Hours: 5 hrs. 45 min.
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