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HomeMy WebLinkAbout10-01-1990 Minutes City of San Bernardino, California October 1, 1990 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was convened by Mayor Holcomb at 9: 38 a.m., Monday, October 1, 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 Holcomb; Council Members Maudsley, Minor; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Members Estrada, Reilly, Flores, Pope- Ludlam, Miller. ANNOUNCEMENT BY MAYOR - LACK OF A QUORUM (2) Mayor Holcomb announced that members of the Council were attending funeral services for the brother of Council Member Estrada and that due to the lack of a quorum, the Council meeting would not officially begin until a quorum was present. He stated that the only items that would be considered at this time would be items which did not require approval by the Mayor and Common Council. (The Council Meeting was officially called to order at 10:51 a.m.) (See page 4). INVOCATION Invocation was given by Captain Thomas Petersen, Salvation Army. PLEDGE OF ALLEGIANCE Pledge of allegiance was led by Council Member Minor. PRESENTATION - ARROWHEAD UNITED WAY (5) Lorraine Velarde, Executive Assistant to the Mayor, introduced Mark Mezzano, Public Affairs Coordinator, Arrowhead United Way. Mr. Mezzano, on behalf of the Arrowhead United Way, presented the First Annual Sportsmanship Award to Mayor Holcomb. Mayor Holcomb accepted the award. PROCLAMATION - CENTER FOR INDIVIDUALS WITH DISABILITIES MONTH - OCTOBER, 1990 (5) Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring October, 1990, as Center for Individuals with Disabilities (CID) Month in the City of San Bernardino in recognition of the outstanding services provided to citizens with disabilities. 1 10/1/90 Ken Joswiak, Manager, Center for Individuals with Disabilities and John A. Kramer, Recreation Superintendent of the Recreation Division in the Parks, Recreation and Community Services Department, were present to accept the proclamation. PROCLAMATION - CALIFORNIA RIDESHARE WEEK - OCTOBER 1 THROUGH 5, 1990 (5) Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring the week of October 1 through 5, 1990, as California Rideshare Week in the City of San Bernardino. Neal Larson, Employee Transportation Coordinator, Emergency Services Division, accepted the proclamation and presented each council member with a T-shirt in support of the 1990 California Rideshare Week. PROCLAMATION RESPIRATORY CARE WEEK OCTOBER THROUGH 13, 1990 (5) Lorraine Velarde, Executive Assistant to the Mayor, proclamation declaring the week of October 7 through 13, as Respiratory Care Week in the City of San Bernardino. 7 read a 1990, Daniel B. Crest, Chairman, Public Relations Committee, Chapter 2, California Society for Respiratory Care, was present to accept the proclamation. PROCLAMATION - RESPECT FOR HUMAN LIFE AND FAMILY LIFE MONTH - OCTOBER, 1990 (5) Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring October, 1990, as Respect for Human Life and Family Life Month in the City of San Bernardino. John Rossi of The Knights of Columbus was present to accept the proclamation. PROCLAMATION - FIRE PREVENTION WEEK - OCTOBER 7 THROUGH 13, 1990 (5) Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring the week of October 7 through 13, 1990, as Fire Prevention Week in the City of San Bernardino. William Wright, Fire Chief, was present to accept the proclamation. APPOINTMENT - MS. MARILYN J. GILBERT - SENIOR AFFAIRS COMMISSION (4) In a memorandum dated September 27, 1990, Mayor W. R. "Bob" Holcomb requested that the appointment of Ms. Marilyn J. Gilbert to the Senior Affairs Commission, representing the Fifth Ward. Council Member Minor requested that Ms. Marilyn J. Gilbert's appointment be ratified when a quorum is present. (See page 4) 2 10/1/90 ORAL/VIDEO PRESENTATION - CLOSURE OF I10TELS IN DOWNTOWN AREA (5) City Attorney Penman gave a presentation concerning the closure of motels in the downtown area of San Bernardino. Channel 3 TV provided video photographs showing the deteriorated living conditions at the following motels: 1) Sam's I1otel, 2384 W. Foothill Boulevard; 2) Amy Ray Motel, 1686 N. Mt. Vernon; and 3) Budget Motel, 738 W. Fifth Street. COUNCIL MEMBER REILLY ARRIVED At 10:27 a.m., Council Member Reilly arrived at the Council Meeting and took his place at the council table. Peggy Broadley, 795 N. Mt. regarding unlicensed roofers being the City. PUBLIC COMMENTS - PEGGY BROADLEY - UNLICENSED ROOFERS (3 ) View, San Bernardino spoke allowed to conduct business in COUNCIL MEMBER FLORES ARRIVED At 10:35 a.m., Council Member Flores arrived at the Council Meeting and took his place at the council table. PUBLIC COMMENTS TONY CHAVEZ FUNDING OF CIVIC PROGRAMS (3) Tony Chavez, President, Inland Empire Hispanic Chamber of Commerce, spoke regarding how the City has supported local civic programs by allocating funds to various organizations. He requested that when the City allocates funds next year, that the Inland Empire Hispanic Chamber of Commerce be among those organizations to receive financial support. ANNOUNCEMENTS BY MAYOR - STATE AND COUNTY ACTIONS TO BALANCE THEIR RESPECTIVE BUDGETS (2) Mayor Holcomb spoke regarding actions taken by State and County governments to balance their budgets. He explained that the City will no longer be receiving cigarette tax funds, and the County has been given authority to impose a fee of approximately $125.00 per person for booking prisoners and to receive the costs of collecting property taxes. He further stated that Congress is proposing that cities may have to pay a portion of the social security taxes. Mayor Holcomb also stated that the City's fuel costs have increased approximately 40% as a result of the Mideast crisis. COUNCIL MEMBER POPE-LUDLAI1 ARRIVED At 10:44 a.m., Council I1ember pope-Ludlam arrived at the Council Meeting and took her place at the council table. COUNCIL MEMBER MILLER ARRIVED At 10:47 a.m., Council Member Miller arrived at the Council Meeting and took her place at the council table. 3 10/1/90 CALL TO ORDER The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 10:51 a.m., Monday, October 1, 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 Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney, Ci ty Administrator Edwins. Absent: Counc il Hember Estrada. APPROVAL OF APPOINTMENT - MARILYN J. GILBERT - SENIOR AFFAIRS COMMISSION (4) Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the appointment of Ms. Marilyn J. Gilbert to the Senior Affairs Commission as requested by Council Member Tom Minor be approved. RECESS MEETING - CLOSED SESSION At 10:58 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 attorney regarding pending Ii tigation pursuant to Government Code Section 54956.9(b)(1), as there is significant exposure to litigation; f. to confer with the attorney regarding pending Ii tigation pursuant to Government Code Section 54956.9(c), so that Council/Commission may decide whether to initiate litigation; 4 10/1/90 g. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section 54956.9(a) as follows: City of San Bernardino vs. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239193; Stubblefield Construction Company. et al vs. City of San Bernardino. et al - San Bernardino Superior Court Case No. 232998; San Bernardino Superior Court Case No. 252058; Sock Dawson. et al vs. City of San Bernardino. et al- United States District Court Case No. SA 88-461 AHS (RWRx); Charlotte Reynolds vs. Citv of San Bernardino San Bernardino Superior Court Case No. 248752; Save San Bernardino vs. City of San Bernardino San Bernardino Superior Court Case No. 250425; City of Redlands vs. Inland Vallev Development Aoency, et al - San Bernardino Superior Court Case No. 255222; City of San Bernardino vs. Deukmeiian. et al San Bernardino Superior Court Case No. 256623; Jov Y. Revnolds vs. City of San Bernardino - Los Angeles Superior Court Case No. BC002117; County vs. City of San Bernardino (RDA) - San Bernardino Superior Court Case No. 258241; Citv of San Conservation No. 231454; Bernardino vs. San Bernardino Valley Water District - San Bernardino Superior Court Case SBPOA vs. City of San Bernardino - San Bernardino Superior Court Case No. 239366; Charlotte Reynolds vs. City of San Bernardino San Bernardino Superior Court Case No. E007031; City of San Bernardino vs. The Simchowitz Corporation. et al - San Bernardino Superior Court Case No. 255534; Libertv Cable TV Co. vs. City of San Bernardino - United States District Court - Case No. 82-6876 WMB. 5 10/1/90 CLOSED SESSION At 10:58 a.m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Pope- Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Member Estrada. Also present: Diane Roth, Deputy City Attorney, Lorraine Velarde, Executive Assistant to the Mayor, and Henry Empeno, Deputy City Attorney. READING OF RESOLUTIONS AND ORDINANCES Deputy City Clerk Jones read the titles of all the resolutions and ordinances on the regular, supplemental and Community Development Commission agendas. ADJOURN CLOSED SESSION At 11:10 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 11:10 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 by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Member Estrada. WAIVE FURTHER READING OF RESOLUTIONS AND ORDINANCES (6 ) Council Member Flores made a motion, seconded by Council Member Miller, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas be waived. COUNCIL MINUTES - SEPTEMBER 5, 1990 (7) Council Member Flores made a motion, seconded by Council Member Miller, and unanimously carried, that the minutes of the September 5, 1990, meeting of the Mayor and Common Council be approved as submitted in typewritten form. 6 10/1/90 OUT-OF-STATE TRAVEL CONFERENCE OF AMERICAN ASSOCIATION OF CODE ENFORCEMENT DALLAS, TEXAS- OCTOBER 31, THROUGH NOVEMBER 3, 1990 - DEBRA DANIEL- PLANNING/BUILDING SERVICES DEPARTMENT (8) In a memorandum dated September 21, 1990, Larry Reed, Director of Planning and Building Services, stated that the American Association of Code Enforcement is holding a two-day training program in Dallas, Texas from October 1 through November 3, 1990. Debra Daniel has been the provisional Code Enforcement Supervisor since April, 1990. Attending this conference would be beneficial to the City as Ms. Daniel would have the opportunity to meet a wide range of code enforcement people with the responsibility for the administration of environmental, housing and zoning codes. The cost for attending the conference is approximately $1,079.28. Council Member Flores made a motion, seconded by Council Member Miller, and unanimously carried, that authorization be granted for Ms. Debra Daniel, Code Enforcement Supervisor, to attend the American Association of Code Enforcement Conference in Dallas, Texas from October 31 through November 3, 1990. INSTALLATION OF STREET LIGHTS ON WATERMAN AVENUE, FROM SECOND STREET TO NINTH STREET, AND VARIOUS STREETS IN DOWNTOWN AREA - APPROVAL OF PLANS - ADVERTISE FOR BIDS (9 ) In a memorandum dated September 13, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that the plans for installation of street lights on Waterman Avenue, from Second Street to Ninth Street, and various other streets in the downtown area have been prepared. The project is ready to be advertised for bids. These two projects will be combined under the same contract in order to reduce administrative costs and enable the City to obtain the best bid price. The total estimated cost is $358,000. Council Member Flores made a motion, seconded by Council Member Miller, and unanimously carried, that the plans for installation of street lights on Waterman Avenue, from Second Street to Ninth Street, and on portions of Sierra Way, Mt. View Avenue, "H" Street, "F" Street, Fifth Street, and Sixth Street, in the downtown area, in accordance with Plan No. 8201, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. INSTALLATION OF TRAFFIC SIGNALS AT VALENCIA AVENUE AND 21ST STREET - APPROVAL OF PLANS - ADVERTISE FOR BIDS (10) In a memorandum dated September 13, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that the plans for installation of traffic signals at Valencia Avenue and 21st 7 10/1/90 Street have been prepared and are ready to be advertised for bids. The estimated project cost is $123,500. Council Member Flores made a motion, seconded by Council Member Miller, and unanimously carried, that the plans for installation of traffic signals at Valencia Avenue and 21st Street, in accordance with Plan No. 8269, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. VACATION OF A PORTION OF EDGEHILL ROAD, A CUL-DE-SAC LYING EAST OF LITTLE MOUNTAIN - ADOPTION OF NEGATIVE DECLARATION - FINDING OF CONSISTENCY (12) In a memorandum dated September 20, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that the proposed vacation of a portion of Edgehill Road, a cul-de-sac lying east of Little Mountain Drive, was recommended for approval by the Environmental Review Committee. A 21-day public review period was afforded and no comments were received. Council Member Flores made a motion, seconded by Council Member Miller, and unanimously carried, that the negative declaration for Public Works Project No. 90-27, vacation of a portion of Edgehill Road, a cul-de-sac lying east of Little Mountain Drive, be adopted. Council Member Flores made a motion, seconded by Council Member Miller, and unanimously carried, that a finding be made that the vacation of a portion of Edgehill Road, a cul-de-sac lying east of Little Mountain Drive, is consistent with the circulation element of the General Plan. ANNEXATION OF TERRITORY LOCATED EAST OF WATERMAN AVENUE, BETWEEN 6TH AND 3RD STREETS - ANNEXATION NO. 350 (14) In a memorandum dated September 19, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that the proposed annexation is being initiated by the City. The area is inhabited (12 or more registered voters). The area is located within the City's Sphere of Influence. Council Member Flores made a motion, seconded by Council Member Miller, and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the proposed annexation of the territory located generally east of Waterman Avenue, between 6th Street and 3rd Street. 8 10/1/90 CLAIMS AND PAYROLL Council Member Flores made a motion, Member Miller, and unanimously carried, payrolls, and the authorization to issue the memorandum dated September 25, 1990, Finance, be approved. (15) seconded by Council that the claims and warrants as listed on from the Director of PERSONNEL ACTIONS (16) Council Member Flores made a motion, seconded by Council Member Miller, and unanimously carried, that the personnel actions submi tted by the Chief Examiner, dated September 20, 1990, in accordance with all administrative regulations of the City of San Bernardino, be approved. RES. 90-397 - RESOLUTION OF THE RELATING TO PROCEDURES FOR TELEVISION PRODUCTION PERMITS. CITY OF SAN BERNARDINO MOTION PICTURE AND (See related item 31) (17) RES. 90-398 - RESOLUTION OF THE CITY OF SAN BERNARDINO REQUESTING THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO PERMIT THE COUNTY REGISTRAR OF VOTERS TO RENDER SERVICES TO THE CITY OF SAN BERNARDINO, RELATING TO A MUNICIPAL ELECTION TO BE HELD ON MARCH 5, 1991. (18) RES. 90-399 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT. (20) RES. 90-400 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT. (21) RES. 90-401 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED IN PART, "A RESOLUTION PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF " TO ESTABLISH A NO PARKING ANY TIME ZONE ON "E" STREET, BETWEEN 165 FEET SOUTH OF ORANGE SHOW LANE AND 120 FEET NORTH OF ORANGE SHOW LANE, APPLICABLE TO THE EAST SIDE ONLY, AND ON ORANGE SHOW LANE BETWEEN THE EAST LINE OF "E" STREET AND 1 0 0 FEET EAST OF THE EAST LINE OF "E " STREET. (22) 9 10/1/90 RES. 90-402 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 8234 ENTITLED, IN PART, "A RESOLUTION . . . ESTABLISHING PARKING TIME LIMITATIONS UPON CERTAIN DESIGNATED STREETS, ALLEYS, OR PORTIONS THEREOF. . ."; AND AUTHORIZING THE IMPLEMENTATION OF A TWO-HOUR PARKING LIMITATION ON "E" STREET BETWEEN 120 FEET NORTH OF ORANGE SHOW LANE AND 295 FEET NORTH OF ORANGE SHOW LANE, APPLICABLE TO THE EAST SIDE ONLY, AND ON ORANGE SHOW LANE BETWEEN 100 FEET EAST OF THE EAST LINE OF "E" STREET AND 3 0 0 FEET EAST OF THE EAST LINE OF "E" STREET. (23) RES. 90-403 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF AN EAST/WEST ALLEY LYING BETWEEN GUTHRIE STREET AND MCKINLEY STREET, NORTH OF ROCA STREET. (24) RES. 90-404 - RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF SAN BERNARDINO FOR THE ANNEXATION OF THE TERRITORY LOCATED NORTH OF 40TH STREET, BETWEEN WATERMAN AVENUE AND DAVID WAY. (25) RES. 90-405 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 63 OF LOCAL AGENCY FEDERAL-AID SAFETY IMPROVEMENT PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO THE REHABILITATION OF PAVEMENT ON BASELINE STREET. (26) RES. 90-406 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO PAVEMENT RECYCLING SYSTEMS INC., FOR THE FURNISHING AND DELIVERY OF COLD PLANING WORK ON VARIOUS STREETS, CITY WIDE, TO BE UTILIZED BY THE PUBLIC SERVICES/STREET DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-91-05. (27) RES. 90-407 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO FAIRVIEW FORD SALES INC., FOR THE FURNISHING AND DELIVERY OF TWO ( 2) STREET ASPHALT PATCH TRUCKS, TO BE UTILIZED BY THE PUBLIC SERVICES/STREET DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-90-20. (28) Council Member Flores made a motion, seconded by Council Member Miller, that said resolutions be adopted. 10 10/1/90 Resolution Nos. 90-397, 90-398, 90-399, 90-400, 90-401, 90- 402, 90-403, 90-404, 90-405, 90-406, and 90-407 were adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Estrada. CHANGE ORDER NO. TWO - REMOVAL OF UNSUITABLE MATERIAL- INSTALLATION OF ADDITIONAL ASPHALT CONCRETE- REHABILITATION OF PAVEMENT ON SOUTH "E" STREET- FONTANA PAVING (11) In a memorandum dated September 20, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that the soil borings performed on the final design of this project revealed the existence of an old concrete street beneath the existing asphal t surface. The project design directed the removal of portions of this concrete street which were higher than the new street grade. During construction, a second concrete street was uncovered beneath the first concrete street. Due to trapped moisture between the slabs, the soil was unstable and unable to handle the traffic loads for which the new street was designed. The cost to perform this additional work is $49,741.12. A discussion ensued regarding the lack of adequate record keeping which could have revealed the existence of the second street some time ago. Council Member Miller made a motion, seconded by Council Member Minor, and unanimously carried, that Change Order No. Two to the contract for the rehabilitation of pavement on South "E" Street, in accordance with Plan No. 7609, be approved; and to authorize extra work consisting of removal of unsuitable material, and installation of additional asphalt concrete, at an increase in the contract price of $49,741.12, from the $369,098.50 to $418,839.62. ANNEXATION OF TERRITORY LOCATED EAST OF WATERMAN AVENUE BETWEEN 9TH AND 6TH STREETS - ANNEXATION NO. 349 (13) In a memorandum dated September 19, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that the proposed annexation is being initiated by the City. The area proposed for annexation is uninhabited (less than 12 registered voters). The area is located within the City's Sphere of Influence. A discussion ensued regarding the designation of City wards before the annexation proceedings are finalized. Council Member Reilly made a motion, seconded by Council Member Miller, and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the proposed annexation of the territory located east of Waterman Avenue, west of the Flood Control Channel, between 9th Street and 6th Street. 11 10/1/90 RES. 90-408 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENTS AND IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF PUBLIC NUISANCES. ( 668 W. 5t,h St., 1548 W. 5th St., 695 W. 17th, 1368 N. Arrowhead Ave., 1040 1/2 W. Baseline Ave., 640 N. Crescent Ave., 771 N. "D" St., 2864 N. "E" St., 1251 W. Edgemont Dr., 835 N. "H" St., 1602 N. "H" St., 932 N. Herrington, 2607 N. "I" St.', 136 S. Irwin, 1540 N. Pershing) (19) A discussion ensued regarding the differences between the resolution confirming costs of abatements and imposing liens on certain parcels of real property described in item 19, and the Orders of the Board of Building Commissioners described in item 29. (See page 12) Council Member Flores made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution Ayes: Council Ludlam, Miller. No. 90-408 was adopted by the following vote: Members Reilly, Flores, Maudsley, Minor, Pope- Nays: None. Absent: Council Member Estrada. BOARD OF BUILDING COMMISSIONERS' ORDERS FOR THE MEETINGS OF SEPTEMBER 7, 1990 AND AUGUST 3, 1990 (29) BBC 1439 Roosevelt Miller Jr. 2607 N. "I" Street BBC 1441 Luther Gribble 1134 N. Mayfield BBC 1442 Earl I. Korchak 775 N. "D" Street BBC 1445 Cynthia Reid 1540 N. Pershing BBC 1449 Glendale Federal Bank 695 W. 17th Street BBC 1452 South Hills Mortgage Corp. 1602 N. "H" Street BBC 1453 Billy Ridge 1368 N. Arrowhead BBC 1454 Manuel Gonzalez 640 N. Crescent Ave. BBC 1457 Ramona L. Fletcher 1251 W. Edgemont Dr. BBC 1458 Ting-Fong Wong & 668 W. 5th Street Peggy Chun-Chin Wong Maxine G. Mejia James M. Vo & Thao Tran Eva V. Medina BBC BBC BBC 1459 1460 1462 1548 W. 5th Street 835 N. "H" Street 136 S. Erwin Council Member Member Reilly, and filed. Flores made unanimously a motion, carried, seconded by Council that said orders be CONTINUING 1989/90 APPROPRIATION AND ENCUMBRANCE CARRYOVERS - CONTINUED FROM SEPTEMBER 17, 1990 (34) This is the time and place continued to for discussion on the approval of 1989/90 continuing appropriation and encumbrance carryovers as submitted by the Director of Finance. 12 10/1/90 Council Member Minor made a motion, seconded by Council Member Flores, and unanimously carried, that the listing of 1989/90 appropriation and encumbrance carryovers as submitted by the Director of Finance be continued to 8: 00 a.m., Saturday, October 6, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 2.46 OF THE SAN BERNARDINO MUNICIPAL CODE TO 1) DESIGNATE THE MAYOR AS EXECUTIVE DIRECTOR OF EMERGENCY SERVICES, THE CITY ADMINISTRATOR AS DIRECTOR OF EMERGENCY SERVICES AND THE FIRE CHIEF AS ASSISTANT DIRECTOR OF EI1ERGENCY SERVICES AND 2) ADD THE DUTIES OF THE DISASTER PREPAREDNESS COORDINATOR. FIRST (30) Council Member Minor made a motion, seconded by Council Member Flores, and unanimously carried, that said ordinance be laid over for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 12.64 OF THE SAN BERNARDINO MUNICIPAL CODE PROVIDING FOR MOTION PICTURE AND TELEVISION PRODUCTION PERMITS. (See related item 17) FIRST (31) Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that said ordinance be laid over for final passage. RES. 90-409 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COLTON-REDLANDS-YUCAIPA REGIONAL OCCUPATIONAL PROGRAM TO UTILIZE CLASSROOM AND LABORATORY FACILITIES TO BE USED FOR THE INSTRUCTION OF SCHOOL AGE YOUTH OR ADULTS ENROLLED IN ROP FOR ANIMAL CARE. (Continued from September 17, 1990) (32) Council Member Miller made a motion, seconded by Council I1ember Minor, that said resolution be adopted. Resolution Ayes: Council Ludlam, Miller. No. 90-409 was adopted by the following vote: Members Reilly, Flores, Maudsley, Minor, Pope- Nays: None. Absent: Council Member Estrada. RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING STANDARD FORM OF AGREEMENT FOR SUBDIVISION IMPROVEMENTS AND REPEALING RESOLUTION NO. 84-8. (Continued from September 17, 1990) (33) Council Member Minor made a motion, seconded by Council Member Reilly, and unanimously carried, that the resolution adopting standard form of agreement for subdivision improvements be continued until 2: 00 p.m., in the Council Chambers of City 13 10/1/90 Hall, 300 North "D" Street, preparation of the documents. San Bernardino, (See page 26) California, for APPEAL BOARD OF BUILDING COMMISSIONERS' DECISION- BUILDING CODE COMPLIANCE AND SAFETY ISSUES - BUILDING AT 276 EAST COMMERCIAL ROAD - CONTINUED FROM SEPTEMBER 17, 1990 - BARBARA SKY (35) This is the time and place continued to for an appeal on the Board of Building Commissioners' decision relative to Building Code compliance and safety issues of the building located at 276 East Commercial Road. The appeal was filed by Barbara Sky. In a memorandum dated September 6, 1990, Larry E. Reed, Director of Planning and Building Services, stated that the applicant is appealing the Board of Building Commissioners' decision concerning eight Building Code issues raised in a letter dated June 29, 1990, from Richard Gonzales. Mr. Gonzales expressed concerns regarding the safety of the building and why the developer was allowed to construct the building without the proper City planning and building permits. In his memorandum, Mr. Reed explained that the building located at 276 East Commercial Road was erected on a 2.38 acre site at the northwest corner of Commercial Road and Waterman Avenue without City Planning and Building Code approval. Because of the nature of construction, "Special Inspections" were required by Section 306 of the California Building Code. The Special Inspections were done by an engineering company hired by the developer to ensure that construction was done according to City approved plans. The Special Inspector submitted copies of his daily reports to a certified testing laboratory for review by a licensed engineer. All reports reviewed by the laboratory were sent to the City Building department for review. The building was built without City Planning and Building Code approval; however, there were no inspections waived nor were there any inspections left off the reports that would lead the City's Building division to believe that the structure was not built in accordance with City approved plans, nor anything that indicates that the building is unsafe. Although the plans were not approved at the time of construction, the project was done in the same manner as any other building of this type. The difference is that the developer used private special inspectors to do the inspections which are normally done by City inspectors. CITY ATTORNEY PENMAN EXCUSED City Attorney Penman left the Council meeting and was replaced by Deputy City Attorney Empeno. Larry Reed, Director of Planning and Building Services, stated that the appeal filed by Ms. Sky is inappropriate as there 14 10/l/90 were no planning or original appeal was limitation for filing expired. land use issues raised at the time the filed. He also stated that the time appeals on planning and land use issues has Deputy City Attorney Empeno concurred with Director Reed, stating that the ERC/DRC decision on June 21, 1990 was appealed and that appeal consisted only of challenges based on construction of the building. There were no issues raised in the original appeal regarding planning, land use issues, and environmental issues. Barbara Sky, 6464 Palm Avenue, disagreed with City staff that the time has lapsed for filing an appeal on environmental issues on the Roger's Bindery project. Ms. Sky presented grounds for the appeal, stating that the City staff had inspected the wrong building. She stated that according to the daily inspection reports, Planning and Building Services Department staff inspected the building located at 258 Commercial Road instead of the building at 276 Commercial Road. Larry Reed answered questions regarding the inspections performed on the Roger's Bindery building. daily A discussion ensued regarding the relevancy appellant's appeal and whether or not these issues were before the Board of Building Commission for discussion. of the brought Deputy City Attorney Empeno advised Council that there is a civil lawsuit pending and criminal case pending in the courts wherein the City has challenged the construction of this building without building permits. Larry Reed answered questions regarding the safety of the building. Deputy City Attorney Empeno answered questions, stating that the immediate liability goes to the owner of the property and to the people who constructed the building. The Government Code specifically provides immunity to the City or to any public entity for any inspections or failure of inspections on a building and if there were any claims or lawsuits filed against the City, the City would file for indemnification against the property owner and the construction company. Director Reed answered questions regarding whether or not the City inspected the footing and foundation of the building. He stated that these inspections were performed by private special inspectors and the design engineer hired by the developer. 15 10/1/90 Council Member Reilly made a motion, seconded by Council Member Miller, to uphold the Board of Building Commissioners' decision that the Building Code issues in question relative to the building located at 276 East Commercial Road are without merit; that the structure meets Building Code standards and is safe as defined by the Building Code; and that the appeal be denied. The motion carried Member Reilly, Flores, Members Maudsley, Minor. by the following vote: Ayes: Council Pope-Ludlam, Miller. Nays: Council Absent: Council Member Estrada. DEPUTY CITY ATTORNEY EMPENO EXCUSED Deputy City Attorney Empeno left the Council meeting and was replaced by City Attorney Penman. VACATION - PORTION OF 38TH STREET, NORTH OF THOMPSON PLACE, WEST OF PERSHING AVENUE CONTINUED FROM SEPTEMBER 17, 1990 (36) This is the time and place continued to for discussion on the vacation of a portion of 38th Street, north of Thompson Place, west of Pershing Avenue, as requested by Mr. and Mrs. Milo Fowler. In a memorandum dated September 4, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that a request was received from Mr. and Mrs. Milo Fowler to vacate a portion of 38th Street, north of Thompson Place and west of Pershing Avenue. The street in question is a "paper" street and does not exist on the ground. Mr. Fowler owns three of the five parcels fronting on the subject street and wishes to enlarge his parcels to make them more practical for building purposes. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the proposed vacation of a portion of 38th Street, west of Pershing Avenue. Council Member Minor made Member Miller, and unanimously showing the proposed vacation of of Pershing Avenue, be approved. a motion, seconded by Council carried, that Plan No. 8254, a portion of 38th Street, west REQUEST FOR WAIVER CONNECT TO SEWER SYSTEM 2221 LINCOLN AVENUE - R. L. CONSTRUCTION/MICHAEL MACK (38) In a memorandum dated September 20, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that the applicant, R.L. Construction, is requesting a waiver of the requirement to connect to the public sewer system under Section 1, Subsection B-2 of sewer ordinances MC-614 as amended by MC- 663. The applicant proposes to construct a new single family 16 10/1/90 residence on an existing parcel located on the south side of Lincoln Avenue, west of Macy Street, further described as 2221 West Lincoln Avenue. Council Member Pope-Ludlam made a motion, seconded by Council Member Minor, and unanimously carried, that Sewer Waiver Request No. 90-6, for a new single family residence to be constructed at 2221 Lincoln Avenue (APN No. 269-101-4), requesting a waiver of the requirement to connect to the sewer system, be approved. CITY'S FINANCIAL POSITION REPORT - CITY ADMINISTRATOR EDWINS (S-l) In a memorandum dated September 27, 1990, Shauna Edwins, City Administrator, provided a report from Finance Director Andy Green, which gives a financial analysis of the General Fund for the first quarter, and illustrates that the City's financial picture is very dismal. City Administrator Edwins summarized the major problems facing the City as follows: increases in fuel costs due to the Iraq crisis, the potential of paying up to $2,000,000 in booking fees and County charges for collection of property taxes, and the costs of unbudgeted salary negotiations. The Mayor and Council agreed to continue discussion on the report from City Administrator Edwins on the City's financial position until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (See page 24) RES. 90-410 - RESOLUTION OF THE CITY OF SAN BERNARDINO INITIATING PROCEEDINGS AND SETTING A PUBLIC HEARING FOR THE PROPOSED ANNEXATION OF THE AREA GENERALLY LOCATED EAST OF HARRISON STREET, SOUTH OF 39TH STREET, WEST OF MOUNTAIN AVENUE AND NORTH OF LYNWOOD DRIVE, DESIGNATED LAFCO 2632. (S-2) Council Member Miller made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution Ayes: Council Ludlam, Miller. No. 90-410 was adopted by the following vote: Members Reilly, Flores, Maudsley, Minor, Pope- Nays: None. Absent: Council Member Estrada. SET PUBLIC HEARING - OCTOBER l5, 1990 - 10:00 A.M.- ESTABLISHMENT OF INSTALLATION AND MAINTENANCE FEES- SPECIAL USE PARKING ZONES (S-3) In a memorandum dated September 26, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, requested that a public hearing be set for October 15, 1990 at 10:00 a.m., to receive oral or written presentations from the public on the establishment of installation and maintenance fees for special use parking zones. These fees were established to cover the estimated costs for receiving and reviewing a request for a new 17 10/1/90 zone, applying the curb painting and markings, obliterating those zones no longer needed. and for Council Member Miller made a motion, seconded by Council Member Flores, and unanimously carried, that a public hearing be scheduled at 10:00 a.m., during the regularly scheduled Council meeting of October 15, 1990, to receive oral or written presentations on the proposed establishment of installation and annual maintenance fees for special use parking zones. COUNCIL MEMBER FLORES EXCUSED Council Member Flores left the council meeting. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND GATLIN/BERGER DEVELOPMENTS, INC. (S-4) Council Member Reilly made a motion, seconded by Council Member Minor, that the resolution approving a certain agreement with Gatlin/Berger Developments, Inc., be tabled. The Members Abstain: Estrada, motion carried by the following vote: Reilly, Minor, Pope-Ludlam, Miller. Council Member Maudsley. Absent: Flores. Ayes: Nays: Council Council None. Member ORDINANCE OF CHAPTERS 5.04, LICENSES. THE CITY OF SAN BERNARDINO 5.24, 5.42 AND 5.68 RELATING TO AMENDING BUSINESS (S-5) AN ORDINANCE AMENDING CHAPTERS AND 5.68 OF THE SAN BERNARDINO TO BUSINESS LICENSES AND FEES. 5.04, 5.16, 5.24, 5.42 MUNICIPAL CODE RELATING (S-5a) ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.70 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE ADOPTION OF LOCAL FEES. (S-6) RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING BUSINESS LICENSE FEES. (S-7) The Mayor and Council agreed to discuss the proposed ordinances and resolution regarding business license fees at 2:00 p.m. in the Council Chambers of City Hall. (See pages 26 & 27) COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY- REGULAR MEETING At 11:49 a.m., the Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order by Chairman Holcomb in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 18 10/1/90 COUNCIL MEMBER FLORES RETURNED Council Member Flores returned to the Council meeting and took his place at the council table. MT. VERNON PAC BYLAWS AMENDMENT (R-3) In a memorandum dated September 24, 1990, Robert J. Temple, Acting Executive Director, Redevelopment Agency, requested that the Mayor and Council approve and ratify the Mt. Vernon Project Area Committee (PAC) Bylaws as amended by the Redevelopment Project Area Committee (PAC). Council Member Flores made a motion, seconded by Council Member Reilly, and unanimously carried, to approve an amendment to the Bylaws as recommended by the I1t. Vernon Corridor Project Area Committee. AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ORDINANCE NO. MC-561 AND THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AND REPEALING ORDINANCE NO. MC-719. FIRST (R-5A) AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ORDINANCE NO. MC-562 AND THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY WEST REDEVELOPMENT PROJECT AND REPEALING ORDINANCE NO. MC-720. FIRST (R-5B) AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ORDINANCE NO. MC-563 AND THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY EAST REDEVELOPMENT PROJECT AND REPEALING ORDINANCE NO. MC-721. FIRST (R-5C) AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ORDINANCE NO. MC-565 AND THE REDEVELOPMENT PLAN FOR THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AND REPEALING ORDINANCE NO. MC-722. FIRST (R-5D) AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ORDINANCE NO. MC-558 AND THE REDEVELOPMENT PLAN FOR THE MEADOWBROOK PARK REDEVELOPMENT PROJECT (MEADOWBROOK PROJECT NO.1) AND REPEALING ORDINANCE NO. MC-723. FIRST (R-5E) AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ORDINANCE NO. MC-564 AND THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY SOUTH REDEVELOPMENT PROJECT AND REPEALING ORDINANCE NO. MC-724. FIRST (R-5F) AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ORDINANCE NO. MC-560 AND THE REDEVELOPMENT PLAN FOR THE STATE COLLEGE REDEVELOPMENT PROJECT NO. 4 AND REPEALING ORDINANCE NO. MC-725. E'IRST (R-5G) 19 10/1/90 Council Member Flores made a motion, seconded by Council Member Reilly, and unanimously carried, that further reading of said ordinances be waived and that said ordinances be laid over for final passage. COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council meeting. CITY/REDEVELOPMENT AGENCY NEWSLETTER (R-7) In a memorandum dated September 26, 1990, Robert J. Temple, Acting Executive Director, Redevelopment Agency, requested discussion and possible Council and Commission action on the funding for a citywide newsletter. The purpose of the newsletter is to inform citizens of City activities, as well as provide the City with a direct polling IlIechanism to monitor citizens' views, through a regular questionnaire. In a memorandum dated September 25, 1990, Ray Salvador, Mayor's Administrative Assistant, provided the cost estimates of $11,450.00 per issuance for a citywide quarterly publication of City and Agency activities. He stated that the newsletter will be a valuable tool in obtaining public support and cooperation in implementing various City programs. Ken Henderson, Executive Director, Community Department/Redevelopment Agency, suggested that the 50/50 with the Redevelopment Agency in the costs to newsletter. Development City share publish the Timothy Sabo, Agency Council for the Redevelopment Agency, concurred with Director Henderson. He stated that since the newsletter would provide information on activities for both the City and the Redevelopment Agency, it would be appropriate that the City share 50/50 in the publication costs. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that discussion on a citywide newsletter be continued to 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, for more information. (See page 23) NEW FRONTIER DEVELOPMENT AGREEMENT - NORTHWEST SHOPPING CENTER (R-9) In a memorandum dated September 25, 1990, Robert J. Temple, Acting Executive Director, Redevelopment Agency, requested that the matter relative to the New Frontier Development Agreement be continued to 11:00 a.m., Monday, October 15, 1990. He stated that Agency staff and New Frontier are still in the process of final negotiations and anticipate having a signed DDA by October 10, 1990. 20 10/1/90 Council Member Flores made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the joint public hearing relative to the New Frontier Development Agreement be continued to 11:00 a.m., Monday, October 15, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECESS MEETING At 12:05 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino, recessed to a luncheon workshop in the Management Information Center, Sixth Floor, 300 North "D" Street, San Bernardino, California to discuss Emergency Medical Services User Fee and Voluntary Paramedic Membership Program. RECONVENE MEETING At 12:30 p.m., Mayor Holcomb called the luncheon workshop to order in the Management Information Center (MIC Room), 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; Deputy City Attorney Roth, City Clerk Krasney, City Administrator Edwins. Absent: Council Members Estrada, Miller. LUNCHEON WORKSHOP - EMERGENCY MEDICAL SERVICES USER FEE AND VOLUNTARY PARAMEDIC MEMBERSHIP PROGRAM (37) In a memorandum dated October 1, 1990, William L. Wright, Fire Chief, presented a proposal that establishes an Emergency Medical Services/paramedic User Fee and Voluntary Membership Program. Under this proposal, the City would establish fees for providing emergency medical services (EMS) for residents and non-residents of the City of San Bernardino. A fee of $100.00 for basic life support, and a fee of $200.00 for advanced lift support would be referred to as "user fees". The user fee is charged for fire department emergency medical services rendered, independent of the need for ambulance transportation. Residents of the City who wish to avoid the out of pocket expense of advanced life support or basic life support services, would have an opportunity to become members of the Voluntary Paramedic Membership Program by paying a membership fee of $24.00. This user fee would then be charged to the member's insurance company and will be accepted as payment in full. A low income membership fee of $12.00 would be available for those who qualify. Fire Chief Wright stated that under no circumstances will Fire Department services be delayed or denied to anyone needing assistance. 21 10/1/90 Chief Wright explained that the Emergency Medical Services/Paramedic User Fees' and Voluntary Membership Program would be implemented as follows: Phase One - 'Non Resident User Fees' During the first four to six months, only non-residents will be billed for user fees until the Membership Program becomes effective. This phase will allow for the evaluation of methods and needs for record keeping, documentation, and billing procedures. Phase Two - 'Membership Enrollment' A two-month open enrollment period for voluntary membership, following a month of intensive marketing, is recommended. Mul ti-media public information programs will be developed along with brochures and applications mailed in the City water bills. In addition, a mass mailing to every dwelling unit in the City, would start in March, April, Mayor June. The open enrollment for voluntary membership will repeat annually and the billing will be done by Courtesy Ambulance. Phase Three - Full Implementation After the voluntary membership open enrollment period ends, memberships will become effective, and at that time the "user fee" will be applicable to all "non-member" users (residents and non-residents) from that time on. Finance Director Andy Green answered best possible time to implement Phase membership program. questions regarding the Two of the voluntary City Administrator Edwins voluntary membership enrollment implemented on June 1, 1991. recommended that notices for be mailed in April, 1991 to be A discussion ensued regarding emergency services being rendered to residents of neighboring cities that mayor may not have a reciprocal agreement with the City of San Bernardino. Mayor Holcomb explained the urgency of establishing additional fees in the City before the passage of Proposition 136 which appears on the November 6, 1990 Ballot. He pointed out that if Proposition 136 (which requires charter cities to obtain majority voter approval of new or increased local general taxes) does not pass in the November 6, 1990, General Election, then the City's resolution establishing Medical Services User Fees can be rescinded. 22 10/1/90 Council I1ember Maudsley made a motion, seconded by Council Member Minor, and unanimously carried, that the City Attorney be directed to prepare the necessary resolution for the establishment of the Medical Services User Fee and Voluntary Paramedic Membership Program. COUNCIL MEMBER MILLER ARRIVED Council Member Miller arrived at the luncheon meeting. SETTING OF COUNCIL MEETINGS - OCTOBER 6, 1990, 8: 00 A.M. AND OCTOBER 13, 1990, 1:00 P.M. - DISCUSS CITY'S FINANCIAL POSITION - INCREASE IN BUSINESS LICENSE FEES The Mayor and Council agreed to have Council meetings on Saturday, October 6, at 8:00 a.m, and Saturday, October 13, 1990, at 1:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California to discuss the Ci ty' s financial position. RECESS LUNCHEON WORKSHOP At 1:08 p.m., Mayor Holcomb recessed the luncheon workshop until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:04 p.m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam; Deputy City Attorney Empeno, City Clerk Krasney, City Administrator Edwins. Absent: Council Members Estrada, Miller. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - REGULAR MEETING At 2:04 P.m., the regular meeting Development Commission/Redevelopment Agency by Chairman Holcomb in the Council Chambers, "D" Street, San Bernardino, California. of the Community was called to order City Hall, 300 North COUNCIL MEMBER MILLER RETURNED At 2:05 p.m., Council Member Miller returned to the Council meeting and took her place at the council table. CITY/REDEVELOPMENT AGENCY NEWSLETTER (CONTINUED FROM EARLIER IN THE MEETING) (SEE PAGE 20) (R-7) This is the time and place continued to for discussion regarding the possibility of publishing a citywide newsletter. 23 10/1/90 In a memorandum dated September 26, 1990, Robert Temple, Acting Redevelopment Executive Director, stated that the city has considered publishing a citywide newsletter as a valuable tool in obtaining public support and cooperation in implementing various city programs. Mr. Temple stated that legal counsel has advised that Redevelopment Agency tax increment funds cannot be used for newsletter purposes. However, the use of unrestricted Redevelopment Agency funds is recommended for the purpose of funding the city newsletter. Council Member Minor made a I1ember Miller, and unanimously expenditure of $15,000 per issue, newsletters. motion, seconded by Council carried, to authorize the for quarterly City and Agency CITY'S FINANCIAL POSITION REPORT - CITY ADMINISTRATOR EDWINS CONTINUED FROM EARLIER IN THE MEETING SEE PAGE 17 (S-l) This is the time and place continued to for discussion regarding a report from Shauna Edwins, City Administrator, on the City's financial position. In a memorandum dated September 27, 1990, Shauna Edwins, City Administrator, stated that October 1 marks the beginning of the second quarter for the fiscal year 1990/91. She stated that the financial analysis of the general fund for the first quarter illustrates that the city's financial picture is very dismal. Mayor Holcomb expressed his concern about the to make up the budget deficit being seriously Proposition 136 on the November 6, 1990 ballot. Proposition 136 would go into effect upon adoption city's ability to enact new or increased general majority voter approval. city's ability threatened by If approved, and remove the taxes without I1ayor Holcomb spoke regarding the city budget problems and how the following items are impacting the city: the reduction in cigarette tax received; how the recession will affect revenue received from sales tax; the potential that the city will have to pay for medicare which is approximately $400,000 annually; social security costs; the increase in the gas tax; and the rise in costs from liability claims. Shauna Edwins, City Administrator, explained the major problems the city faces: 24 10/1/90 1) FUEL COSTS Based on last spring's prices, the City budgeted $543,395 for fuel. Although increases in fuel costs due to the Iraq crisis cannot be fully predicted, the City anticipates a 30% increase for the cost of fuel. At that rate, fuel expenditures will exceed the budget by $163,000. 2) UNBUDGETED SALARY NEGOTIATIONS - Two million dollars was budgeted for increases in police and fire salaries as mandated by Charter Section 186. However, no funds were set aside for mid- managers who have just reached agreement with the City and are to receive pay and benefit increases as well as a salary survey. The costs of salary upgrades are unknown at this time, but are estimated to be as high as $380,000. Increases for police and fire salaries are averaging 7 - 8% and are expected to use up the two million dollars set aside. 3 ) PROPERTY TAX CHARGE - The County has charges for collection of property taxes. $83,000 to $104,000 per year. not finalized their Estimates range from 4) BOOKING FEES - The estimated charge for booking prisoners ranges from $125 to $150 per booking. The city anticipates 11,616 bookings for this fiscal year; therefore the city's expense will range from $1,452,000 to $1,742,200. Additionally, the booking fees are retroactive to the start of the fiscal year. In January, the City will receive a bill dating back to July 1, 1990. City Administrator situation by stating that $1,998,000 to $2,309,200. Edwins summarized the financial the City has a potential deficit of Mrs. Edwins recommended that in light of Proposition 136, the Mayor and Council review general taxes to consider increases. She stated that there are two special Council meetings scheduled in October to review and finalize business license fee increases, and to review proposed cut backs in services and programs. It was agreed by the Council that discussion on the report from the City Administrator regarding the City'S financial position be continued to October 13, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER MAUDSLEY EXCUSED Council Member Maudsley left the Council meeting. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 2:11 p.m., Deputy City Attorney Empeno left the Council meeting and was replaced by City Attorney Penman. 25 10/1/90 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING STANDARD FORM OF AGREEMENT FOR SUBDIVISION IMPROVEMENTS AND REPEALING RESOLUTION NO. 84-8 (Continued from September 17, 1990) (33) Council Member Flores made a motion, seconded by Council Member Minor, that said resolution be adopted. City Attorney Penman stated that corrections in the language in the proposed resolution were necessary and he recommended that this item be continued to October 15, 1990. Council Member Minor made a substitute motion, seconded by Council Member Flores, and unanimously carried, that said resolution adopting standard form of agreement be continued to October 15, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER MAUDSLEY RETURNED Council Member Maudsley returned to the Council meeting and took his place at the council table. ORDINANCE CHAPTERS LICENSES. page 18) OF THE CITY OF SAN BERNARDINO AMENDING 5.04, 5.24 AND 5.68 RELATING TO BUSINESS (Continued from earlier in the meeting) (See (FIRST) (S-5) AN ORDINANCE AMENDING CHAPTERS AND 5.68 OF THE SAN BERNARDINO TO BUSINESS LICENSES AND FEES. in the meeting) (See page 18) 5.04, 5.16, 5.24, 5.42 MUNICIPAL CODE RELATING (Continued from earlier (FIRST) (S-5a) City Clerk Krasney read the titles of the ordinances. Council Member Reilly made a motion, seconded by Council Member Miller, and unanimously carried, that further reading of the ordinances be waived; and that said ordinances be laid over for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.70 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE ADOPTION OF LOCAL FEES. (Continued from earlier in the meeting) (See page 18) (FIRST) (S-6) City Clerk Krasney read the title of the ordinance. Council Member Miller made a motion, seconded by Council Member Flores, and unanimously carried, that further reading of said ordinance be waived; and that said ordinance be laid over for final passage. 26 10/1/90 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING BUSINESS LICENSE FEES. (Continued from earlier in the meeting) (See page 18) (S-7) City Clerk Krasney read the title of the resolution. Council Member Flores made a motion, seconded Member Miller, and unanimously carried, that said establishing business license fees be continued to 1990, in the Council Chambers of City Hall, 300 North San Bernardino, California. by Council resolution October 6, "D" Street, MOTEL CLOSING - CITY ATTORNEY PENMAN ANNOUNCEMENT (2) City Attorney Penman made an announcement relative to a newspaper article printed in the Friday, September 28, 1990 Sun newspaper about the Budget Motel located at 738 West 5th Street, San Bernardino. He stated that Margie Robinson, a resident of the motel, and her granddaughter had been re-united after 15 years after the granddaughter had seen Margie's picture that was included with the article. CITY ADMINISTRATOR EDWINS EXCUSED City Administrator Edwins left the Council meeting. CITY ATTORNEY PENMAN EXCUSED City Attorney Penman left the Council meeting and was replaced by Deputy City Attorney Empeno. APPEAL - CONDITIONAL USE PERMIT 90-2 - SELF-SERVICE CAR WASH AT EXISTING SERVICE STATION CONTINUED FROM SEPTEMBER 5, 1990 (39) This is the time and place continued to for an appeal filed by Shell Oil Company, through Western Sensystem Engineering Company, Inc. , regarding Planning Commission's denial of Conditional Use Permit No. 90-2 relative to a self-service drive- through tunnel carwash and storage building at the existing Shell service station, located at 1930 South Waterman Avenue. In a memorandum dated August 22, 1990, Larry Reed, Director of Planning and Building Services, stated that the applicant, Shell Oil Company, through their consulting engineers, Western Sensystem Engineering Company, Inc. (WSECO) is appealing the denial of Conditional Use Permit No. 90-2 by the Planning Commission. The applicant requests approval of C.U.P. No. 90-2, to allow the construction of a self-service drive- through tunnel carwash and storage building at the existing Shell service station on the northwest corner of Waterman Avenue and Hospitality Lane. 27 10/1/90 Mr. Reed, Director of Planning and Building Services, gave the background of the appeal and the Planning Commission's denial of C.U.P. 90-2. He outlined the options available and staff's recommendation. J. B. Holland, Senior Real Estate Representative, Shell Oil Company, 511 North Brookhurst Street, Anaheim, California, expressed concerns regarding several inconsistencies in the staff report and backup. Mr. Holland stated that the design Shell intends to use at the Waterman Avenue/Hospitality Lane station will enhance the surrounding area as a gateway to the city. He explained that the car wash will not be full service, but will be a free service provided for existing customers' convenience when used with a purchase. He stressed that this type of car wash would not bring in customers from other areas thus traffic to the area would not be increased. Parmanand Kumar, President, WSECO, consulting engineer, spoke regarding the architectural design of the proposed construction. He explained that Shell Oil Company has the same design at the station located on the corner of University Parkway and Hallmark in the State College area of the city. Mr. Kumar stated that Shell Oil Company had complied with all requests from the Planning staff for noise and traffic studies and that they were willing to comply with all conditions set forth by staff. Larry Reed, Planning and Building explained that the land use does not conform which prohibits this type of business in the 10 freeway. Services Director, to the General Plan, area north of the 1- Henry Empeno, Deputy City Attorney, explained the use of the term "incompatibility" in the staff report and backup. He explained the design was incompatible, not the proposed land use. He stated that the design did not blend well with the surrounding area. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. Mr. Holland, Senior Real Representative, Shell Oil Company, answered questions regarding the possible change in ingress and egress onto Waterman Avenue. He stated he was aware of problems created by the right turn lane during peak traffic times. He stated that Shell Oil would be open to any changes that would improve the traffic patterns at the site. 28 10/1/90 Council Member Minor made a motion, seconded by Council Member Reilly, and unanimously carried, to continue the appeal relative to a self-service drive through tunnel car wash and storage building at the Shell Service Station at Waterman and Hospitality Lane to October 15, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to allow Council Members to make a site inspection at the University Parkway and Hallmark station. The Council requested that the Traffic Engineer be present at the October 15, 1990 meeting. APPEAL LOT LINE ADJUSTMENT NO. 90-23 NORTHWEST CORNER OF COURT STREET AND ARROWHEAD AVENUE JOHN LIGHTBURN (40) This is the time and place set for consideration of an appeal of the Development Review Committee (DRC) approval of Lot Line Adjustment No. 90-23, requested by John Lightburn. The area involved is the northwest corner of Court Street and Arrowhead Avenue. In a memorandum dated September 19, 1990, Larry Reed, Director of Planning and Building Services, stated that the appellant, John Lightburn, is appealing the approval of Lot Line Adjustment No. 90-23 by the Development Review Committee. Mr. Lightburn is requesting reconsideration of the approval and that the Mayor and Council set aside approval until such time as a thorough environmental review is conducted in accordance with the California Environmental Quality Act (CEQA). Deputy City Attorney Empeno stated that he had spoken to Charles Schultz, Reid and Hellyer, attorney for the applicant, The Sun Company. Mr. Schultz requested that the Council continue this matter to October 15, 1990, to allow time to prepare a legal opinion. Council Member Flores made a motion, seconded by Council Member Reilly, and unanimously carried, that the appeal relative to the lot line adjustment No. 90-23, be continued to October 15, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council meeting. 29 10/1/90 APPEAL - REVIEW OF PLANS NO. 85-125 - CONDITION OF APPROVAL FOR SIGN PERMIT NO. 90-141 STATE WIDE INVES'rORS - ERECTION OF ENTRANCE IDENTIFICATION SIGN- PALM AVENUE AND IRVINGTON AVENUE (41) This is the time and place set for consideration of an appeal of condition of approval for Sign Permit No. 90-141, Review of Plans No. 85-125 requested by State Wide Investors, Inc., to allow erection of an entrance sign identifying its existing 300-unit apartment complex, located on a 20.42 acre site with frontage on the east side of Palm Avenue and south of Irvington Avenue. In a memorandum dated September 19, 1990, Larry Reed, Director of Planning and Building Services, stated that the applicant, State Wide Investors, Inc., is appealing the standard condition of approval that pertains to the applicant's obligation to cooperate fully with, and, defend, indemnify and hold harmless the City, its officers, agents and employees in the event of any legal action against the City regarding its approval of Sign Permit No. 90-141. The applicant requests dismissal on the condition of approval, and agrees to modify its sign to conform with existing or changes to the sign ordinance criteria as it pertains to "project entry" identification signs. Deputy City Attorney Empeno received from State Wide Investors, item be continued. stated Inc. , that a letter was requesting that this Council Member Minor made a motion, seconded by Council Member Miller, that the appeal relative to the condition of approval for Sign Permit No. 90-141 and Review of Plans No. 85- 125 be continued to October 15, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion was approved by Council Members Flores, Maudsley, Absent: Council Member Estrada, Member Pope-Ludlam. the following vote: Minor, Miller. Nays: Reilly. Abstain: Ayes: None. Council COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council meeting. COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council meeting and took his place at the council table. PROPOSED GENERAL PLAN AMENDMENT - WEST SIDE OF DAVID WAY - NORTH OF 40TH STREET (42) In a memorandum dated September 14, 1990, Larry Reed, Director of Planning and Building Services, stated that during the land use hearings for the adoption of the General Plan, the site on the west side of David Way, approximately 720 feet north 30 10/1/90 of 40th Street, was inadvertently designated PFC, Public Flood Control, which permits flood control and open space uses. The site, which contains six single-family residential units, is in the city's sphere of influence and is proposed for annexation. If the annexation is approved, continuation of PFC designation will render the residential uses legal non-conforming and could place a hardship on the property owners. A single- family residential designation would be compatible with the existing land uses in the surrounding area. Council I1ember Flores made a motion, seconded by Council Member Maudsley, and unanimously carried, that the Planning Division initiate a General Plan amendment to consider a single family residential land use designation on land located on the west side of David Way, approximately 720 feet north of 40th Street. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. PROPOSED GENERAL PLAN AMENDMEN'r - RICHARDSON STREET- NORTH OF THE 1-10 FREEWAY (43) In a memorandum dated September 17, 1990, Larry Reed, Director of Planning and Building Services, stated that the area surrounding the proposed general plan amendment site is in the city's sphere of influence and is in the process of annexation to the city. The site is located on both sides of Richardson Street, north of the 1-10 freeway. The parcel on the west side of Richardson Street is comprised of approximately 10.36 acres and is being considered for a commercial land use designation compatible with the surrounding uses. It is currently designated RM, Residential Medium. A higher density residential designation is being considered for the 22.41 acres on the east side of Richardson Street. The land use designation is RM, Residential Medium, which permits 14 units per acre. The County of San Bernardino approved a 384-unit apartment project on this site in November, 1988. Council Member Reilly made a motion, seconded by Council Member Maudsley, and unanimously carried, that the Planning Division initiate a General Plan amendment to consider a commercial land use designation on land west of Richardson Street and a higher density residential designation on land east of Richardson Street, north of the 1-10 freeway. RECESS MEETING - FIVE MINUTE RECESS At 3:20 p.m., Mayor Holcomb declared a five minute recess. 31 10/1/90 RECONVENE MEETING At 3:25 p.m., Mayor Holcomb reconvened the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: I1ayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Deputy City Attorney Empeno, City Clerk Krasney, City Administrator Edwins. Absent: Council Member Estrada. RECESS MEETING - CLOSED SESSION (1) At 3:25 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session to consider personnel and Redevelopment Agency/Community Development Commission items. CLOSED SESSION At 3:25 p.m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Ludlam, Miller; City Attorney Penman, City Clerk Krasney, Administrator Edwins. Absent: Council Member Estrada. Mayor Pope- City Also present: Deputy City Attorney Roth; Scroggin, Administrative Operations Supervisor. Margaret ADJOURN CLOSED SESSION At 4:04 p.m., the closed session adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 4:05 p.m., Mayor Holcomb reconvened 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 Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Members Estrada, Miller. 32 10/1/90 ADJOURNMENT (44) At 4:06 p.m., Mayor Holcomb adjourned the Regular Meeting of the Mayor and Common Council to Saturday, October 6, 1990, at 8:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL KRASNEY City Clerk Bye '"" .i DianE;l>'Jones Deputy City Clerk / By YA-i (;wt-J '?bvC?C/ Melanie Vale Deputy City Clerk No. of Items: 68 No. of Hours: 5 hr. 30 min 33 10/1/90