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HomeMy WebLinkAbout03-22-1993 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADJOURNED REGULAR MEETING MARCH 22, 1993 COUNCIL CHAMBERS This is the time and place set for meeting of the Mayor and Common Council Bernardino from the regular meeting held March 8, 1993, in the Council Chambers of "0" Street, San Bernardino, California. an adjourned regular of the city of San at 8:33 a.m., Monday city Hall, 300 North The city Clerk has caused to be posted the order of adjournment of said meeting held on Monday, March 8, 1993, and has on file in the office of the City Clerk an affidavit of said posting together with a copy of said order which was posted at 10:00 a.m., TueSday, March 9, 1993, on the door of the place at which said meeting was held. The adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 8:29 a.m., in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. ROLL CALL Roll call was taken by city Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Estrada; City Attorney Penman. RECESS MEETING - CLOSED SESSION At 8:29 a.m. the Mayor and Common Council and Development Commission recessed to closed session following: a. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9(b) (1), as there is significant exposure to litigation; (1) Community for the b. based on existing facts below, the City Council whether a closed session California Government Code and circumstances, set out is meeting only to decide is authorized pursuant to Section 54956.9(b) (2); 1 3/22/93 c. to confer with the attorney regarding litigation pursuant to Government Code 54956.9(C), so that Council/Commission may whether to initiate litigation; pending section decide d. to consider personnel matters pursuant to Government Code Section 54957; e. 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; f. 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 The identity of each person with whom negotiations are authorized is: to meet with an applicant for a applicant's attorney pursuant section 54956.7; h. to meet with the Chief of Police regarding matters of public security pursuant to Government Code section 54957; g. City license and the to Government Code i. to confer with the attorney regarding pending litigation which has been initiated formally to which the city is a party to pursuant to Government Code section 54956.9(a) as follows: Stubblefield Construction Comoanv. et al vs. citv of San Bernardino. et al - San Bernardino Superior Court Case No. 242998; San Bernardino Superior Court Case No. 252058; Tomas Armendariz. et al vs. James F. Penman. et al - united States District Court Case No. 91-5757; Julie M. Thomoson vs. citv of San Bernardino. et al - United states District Court Case No. SA CV-92-888 GT (RWRx); Leslie Bond vs. Communitv Develooment commission. et al- San Bernardino Superior Court Case No. 276373; Paul Stark vs. ci tv of San Bernardino Municipal Court Case No. 138304; San Bernardino 2 3/22/93 Marv Millerd vs. citv of San Bernardino - San Bernardino superior Court Case No. 272928; Libertv Cable vs. citv of San Bernardino - united States District Court Case No. 82-6876 WMB; city of San Bernardino vs. Countv of San Bernardino. et al- Riverside Superior Court Case No. 207900; Jenkins vs. city of San Bernardino, et al - San Bernardino superior Court Case No. 257479; Bowers vs. Klucas/citv of San Bernardino - San Bernardino Superior Court Case No. 275858; villareal vs. citv of San Bernardino superior Court Case No. 249536. San Bernardino CLOSED SESSION At 8:29 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 by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Estrada; City Attorney Penman. Also present: Deputy City Attorney Simmons, Deputy City Attorney Roth and Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office; and Victor Lorch, Director of Risk Management. COUNCIL MEMBER ESTRADA & CITY ATTORNEY PENMAN At 8:32 a.m., Council Member Estrada and Penman arrived at the closed session. ARRIVED city Attorney READING OF RESOLUTIONS & ORDINANCES Deputy city Clerk Cordova read the titles of all the resolutions and ordinances on the regular, supplemental, addendum to the supplemental, and Community Development agendas while the Council was in closed session. DEPUTY CITY ATTORNEY SIMMONS EXCUSED At 8:45 a.m., Deputy city Attorney Simmons left the closed session. ASSISTANT CHIEF OF POLICE HARP ARRIVED At 8:48 a.m., Wayne Harp, Assistant Chief of POlice, arrived at the closed session. 3 3/22/93 RISK MANAGEMENT DIRECTOR LORCH EXCUSED At 8:55 a.m., victor Lorch, Director of Risk Management, left the closed session. ASSISTANT CHIEF OF POLICE HARP EXCUSED At 8:56 a.m., Wayne Harp, Assistant Chief of POlice, left the closed session. RISK MANAGEMENT DIRECTOR LORCH RETURNED At 8:58 a.m., Victor Lorch, Director of Risk Management, returned to the closed session. ADJOURN CLOSED SESSION At 9:21 a.m., the closed session adjourned to the adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 9:25 a.m., Mayor Holcomb reconvened the adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of city Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; city Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. 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 Pope- Ludlam. PRESENTATION & COMMENDATION CERTIFICATE TIME CHORALIERS THE PRIME (4) The Prime Time Choraliers, led by Director Frank Lindgren, sang a medley of songs. Mayor Holcomb presented certificates of commendation to each member of the Prime Time Choraliers. 4 3/22/93 PUBLIC COMMENTS - JOHN STEVENS (3A) John Stevens, 4097 Pershing Avenue, San Bernardino, CA, stated that a program relative to CalMat Cajon Creek Specific Plan for the establishment of mineral extractive, heavy industrial, light industrial and open space uses with mining- related interim uses on the proposed site would be airing on Wednesday, March 24, 1993 at 9:00 a.m., on CATV 3; and urged the Council to view the program. PUBLIC COMMENTS - JEFF WRIGHT (3D) Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed opposition to a $2,000,000 loan, made contingent upon the Department of Defense Finance Accounting Services relocation to San Bernardino. He recommended that the funds be allocated for San Bernardino schools. PUBLIC COMMENTS - MONITA MC NEIL (3C) Monita McNeil, 1468 North Belle, San Bernardino, CA, stated that on March 3, 1993, water service was terminated at her residence; and expressed concern relative to the City's Water Department and Code Enforcement Division. PUBLIC COMMENTS - EDWARD KEASLAND (30) Edward Keasland, a resident owns a business within the city; to crime within the City. of Canyon Crest, CA, stated he and expressed concern relative PUBLIC COMMENTS - VIRGIL LOVE (3E) virgil Love, representing his 85-year old mother who lives in San Bernardino, CA, requested assistance for payment of the $2,500 statement his mother had received for installation of curbs and gutters. Mayor Holcomb referred Mr. Love to J. Lorraine Velarde, Executive Assistant to the Mayor. PUBLIC COMMENTS - KEITH RENO (3F) Keith Reno, 1400 Edgehill Road, San Bernardino, CA, expressed concern regarding the City's policy pertaining to the replacement of fire extinguishers located within apartment complexes. Mayor Holcomb requested that Mr. Reno contact the City's Fire Department; and if the matter is not resolved to his satisfaction, that Mr. Reno put his concerns in writing addressed to the Mayor's Office. 5 3/22/93 PUBLIC COMMENTS - GARY KIRBY (3G) Gary Kirby, 1505 Yardley, concern regarding the conduct previous council meetings. San Bernardino, CA, of the Mayor and expressed Council in SERVICE PIN AWARD CEREMONY (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of each employee receiving service pin awards. Each employee received a service pin from Mayor Holcomb in gratitude of hiS/her many years of dedicated service to the City. WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (5) Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental, addendum to the supplemental and Community Development commission agendas, be waived. COUNCIL MINUTES (6) Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino, be approved as submitted in typewritten form: October 19, 1992 and January 11, 1993. INSTALL IN-FILL STREET IMPROVEMENTS - APPROVAL OF PLANS - AUTHORIZATION TO ADVERTISE FOR BIDS (7) In a memorandum dated March 9, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for the installation of in-fill street improvements have been completed, and the project is ready to be advertised for bids. The project consists of installing missing sections of curbs and gutters, sidewalk and paving at the following locations: Del Rosa Avenue, south of pumalo Street; Del Rosa Avenue, south of Date Place; Marshall Boulevard, west of Del Rosa Avenue and Lynwood Drive, east of Golden Avenue. The total estimated project cost is $18,000. Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that the plans for installation of in-fill street improvements on various streets, in accordance with Plan No. 8898, be approved; and that the Director of Public Works/City Engineer, be authorized to advertise for bids. 6 3/22/93 WAIVE REQUIREMENT SEWER SYSTEM - OFFICE BUILDING & STORAGE YARD - 880 A & B DESIGN GROUP - RALPH HOYTE CONSTRUCTION OF SANTA FE STREET- (9) In a memorandum dated March 8, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that A & B Design Group, on behalf of Ralph Hoyte, has requested a waiver of the standard requirement to connect to the City sewer system for a parcel located at 880 Santa Fe Street. The parcel is approximately 0.59 acres in size and is located south of Mill Street and east of Gifford Street. The nearest available sewer main is approximately 1500 feet from the parcel. This sewer waiver request is being made in connection with an application for Conditional Use Permit No. 92-25, to establish a towing impound yard at the site which would include construction of an 800 square foot office building and storage yard. Ordinance No. MC-663 provides that the Mayor and Council may waive the requirement to connect to the City'S sewer system for a commercial/industrial development to be built on a lot larger than 1/2 acre and generate less than 200 gallons per day of domestic sewage based on 15 gallons per day per employee. The applicant indicates that no more than three employees would be at the site at anyone time; therefore, based upon the data submitted, this project meets the intent of the ordinance. If approved, an application for a septic tank would be required and subject to all applicable conditions. Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that Sewer Waiver Request No. 93-01, for construction of an 800 square foot office building and storage yard on an existing lot of record located on the north side of Santa Fe Street, east of Gifford Street (APN 280- 082-12) requesting a waiver of requirement to connect to the sewer system, be approved. ACTION GRANT - AUTHORIZE APPLICATION & ADMINISTRATION- SENIOR COMPANION PROGRAM - JULY 1, 1993 - JUNE 30, 1994 - PARKS, RECREATION & COMMUNITY SERVICES (11) In a memorandum dated March 3, 1993, Annie Ramos, Director of Parks, Recreation & Community Services, stated that the Senior Companion Program provides low income seniors to serve as companions for the frail elderly or disabled to help them remain and/or return to their own homes, thus avoiding institutionalization. Senior Companions are volunteers who receive an untaxed stipend of $2.45 per hour and assistance with lunch and transportation because they are low income. The City would provide a local match of $60,920, which includes salaries for full and part-time employees and expenses for volunteers. The program has been renewed annually since 1975 and currently has 67 companions assisting 252 clients with over 5,627 hours of 7 3/22/93 service each month. council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that the Director of Parks, Recreation and Community services be authorized to apply for and administer an ACTION Grant in the amount of $238,487 to continue the Senior Companion Program for period covering July 1, 1993 through June 30, 1994. ACTION GRANT - AUTHORIZE APPLICATION & ADMINISTRATION- RETIRED SENIOR VOLUNTEER PROGRAM (RSVP) - OCTOBER 1, 1993 - JUNE 30, 1994 - PARKS, RECREATION & COMMUNITY SERVICES (12) In a memorandum dated March 10, 1993, Annie Ramos, Director of Parks, Recreation & Community Services, stated that the department had been notified that it will receive a continuation ACTION grant for the Retired Senior Volunteer Program (RSVP) for 1993-94 in the amount of $43,714. The RSVP program has been in operation for approximately nineteen (19) years and provides volunteers for work sites throughout the City and surrounding area. Volunteers work in places such as Goodwill Industries, Center for Individuals with Disabilities, convalescent hospitals, libraries, City Hall and numerous other locations. RSVP is an excellent program involving senior citizens who have a desire to put their time and talents to work and provides a vital service to many organizations. Volunteers are currently serving 83 sites. During the past year, over 390 senior citizen volunteers have been active in the community giving more than 96,000 volunteer hours of work. When figured at the minimum wage, this equates to over $417,600 worth of community service. city matching funds have been allocated in the current budget in the form of cash match and in-kind support services. RSVP receives donations from local organizations and holds fund raising events to offset the costs of operation. council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that the Director of Parks, Recreation and Community Services be authorized to apply for and administer an ACTION Grant in the amount of $43,714 to continue the Retired Senior Volunteer Program for the period covering October 1, 1993 through June 30, 1994. WAIVE STREET BANNER FEE $200 FOSTER RECOGNITION MONTH - COUNTY DEPARTMENT OF PUBLIC SERVICES PARENT SOCIAL (13) In a memorandum dated March 12, 1993, Shauna Clark, city Administrator, stated that the County Department of Public Social Services submitted a request for a waiver of the $200 fee for the installation of a street banner to be erected April 26, 1993 8 3/22/93 through May 7, 1993 to promote Foster Parent Recognition Month in May. The banner would be hung over "E" and Church streets across from the Feldheym Library. Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that the request from the County Department of Public Social Services for a waiver of the $200 fee for the erection of a street banner to promote Foster Parent Recognition Month in May, be approved. ENCROACHMENT PERMIT - INSTALL HANDICAP RAMP - 290 NORTH "0" STREET - APPROVE IN PRINCIPLE (14) In a memorandum dated March 11, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that Mr. D. M. Bergerson requested, on behalf of First Interstate Bank, authorization to construct a handicap ramp in the existing 18' public sidewalk at 290 North "0" Street to comply with the requirements of the Americans with Disabilities Act. The proposed handicap ramp installed within the public right-Of-way would reduce the existing sidewalk from 18' to 14', which is in excess of the city's standard 6' sidewalk. Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that the request for permission to construct a handicap ramp within the City sidewalk area, at 290 North "0" Street, be approved in principle; and the city Attorney be directed to prepare the standard form License Agreement to authorize the requested encroachment within the street right-of-way. CLAIMS AND PAYROLL (15) Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated March 2, 1993, from the Director of Finance, be approved. PERSONNEL ACTIONS (16) Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated March 10, 1993, in accordance with civil Service Rules and Personnel Policies adopted by the Mayor and Common Council of the city of San Bernardino, be approved and ratified. 9 3/22/93 JOINT POWERS FINANCING AUTHORITY - ADJOURNED REGULAR MEETING (17) Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that the adjourned regular meeting of the Joint Powers Financing Authority be adjourned to April 19, 1993. RES. 93-65 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ENDORSING A COUNTY WIDE POSITION ON STATE LEGISLATIVE PRIORITIES RELATING TO STATE AND LOCAL REVENUE AND EXPENDITURES. (18) RES. 93-66 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RELATING TO THE GRANT OF AN ENCROACHMENT LICENSE AGREEMENT FOR A FEDERAL EXPRESS DROP BOX AT THIRD AND 0 STREETS IN SAN BERNARDINO. (19) RES. 93-67 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A LICENSE AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR THE USE OF COUNTY CIRCUITS AND RADIO TOWER RACK SPACE RELATING TO THE INSTALLATION OF THE CITY'S MOBILE DATA TERMINAL SYSTEM (MDT) SYSTEM. (21) RES. 93-68 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO CONTRACT WITH INLAND OVERHEAD DOOR COMPANY RELATING TO THE PROVISION OF MAINTENANCE OF OVERHEAD DOORS AT VARIOUS LOCATIONS. (26) RES. 93-69 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF STANDARD CONTRACT NO. 93- 56 WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE REHABILITATION OF PAVEMENT ON PACIFIC STREET, FROM PERRIS HILL ROAD TO DEL ROSA DRIVE. (27) Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolutions be adopted. Resolution Nos. 93-65, 93-66, 93-67, 93-68 and 93-69 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. 10 3/22/93 ORD. MC-863 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 19.06.010(2) AND 19.06.030(1) AND TABLE 06.01 COMMERCIAL AND INDUSTRIAL DISTRICTS LIST OF PERMITTED USES, TABLE 06.02 COMMERCIAL ZONES DEVELOPMENT STANDARDS AND TABLE 06.03 COMMERCIAL AND INDUSTRIAL DISTRICTS SPECIFIC STANDARDS OF THE SAN BERNARDINO MUNICIPAL CODE (TITLE 19 - THE DEVELOPMENT CODE) TO ESTABLISH THE CG- 5, COMMERCIAL GENERAL VERDEMONT AREA LAND USE DESIGNATION/ZONE, PERMITTED USES AND DEVELOPMENT STANDARDS. Final (29) ORD. MC-864 AN ORDINANCE OF THE CITY OF BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL SECTION 2.56.110A TO PROVIDE THAT POLLS IN ELECTIONS SHALL REMAIN OPEN UNTIL 8:00 P.M. Final SAN CODE CITY (30) Council Member Estrada made a motion, seconded by Council Member Reilly, that said ordinances be adopted. Ordinance Nos. MC-863 following vote: Ayes: Hernandez, Maudsley, Minor, Absent: None. and MC-864 were adopted Council Members Estrada, Pope-Ludlam, Miller. Nays: by the Reilly, None. INSTALL SEWER - REDLANDS BOULEVARD, CLUB WAY APPROVAL OF PLANS ADVERTISE FOR BIDS FROM HUNTS LANE TO AUTHORIZATION TO (8) In a memorandum dated March 9, 1993, Roger Hardgrave, Director of Public Works/city Engineer, stated that the plans for the installation of a main line sewer in Redlands Boulevard have been prepared and the project is now ready to bid. The project consists of installing an 18-inch sewer main. During the design phase, it was determined that the installation of a relief sewer line from Hunts Lane to Club Way would serve the same needs as the 8-inch line from Club Way to 300 feet east of Gardena Street and also provide an expanded system to meet the requirements and request from the city of Loma Linda. The city of Loma Linda has agreed to pay for the oversizing of our sewer line in order to provide expansion capacity to meet their future needs. The upgrade of line size would allow for future expansion above what is currently allocated and would provide a relief line for the existing 21-inch sewer. A cooperative agreement would be executed prior to award of contract. The total estimated project cost is $145,000. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 10:05 a.m., Council Member Pope-Ludlam left the Council meeting. 11 3/22/93 Discussion ensued regarding the City of Loma Linda's proportionate share of the project costs versus the city's. Council Member Estrada made a motion, seconded by Council Member Hernandez, and unanimously carried, that the plans for installation of a sewer main in Redlands Boulevard, from Hunts Lane to Club Way, in accordance with Plan No. 8774, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. COUNCIL MEMBER POPE-LUDLAM RETURNED At 10:10 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. WIDEN BRIDGES - KENDALL DRIVE & CAJON DEVIL CREEK ADOPTION OF NEGATIVE FINDING OF CONSISTENCY - GENERAL PLAN BOULEVARD OVER DECLARATION & (10) In a memorandum dated March 11, 1993, Roger Hardgrave, Director of Public Works/city Engineer, stated that on February 4, 1993, the Environmental Review Committee recommended adoption of the negative declaration for Public Works Project No. 92-03. A 21-day public review was conducted February 11, 1993 through March 2, 1993; and no comments were received. Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed concern relative to the environmental issues associated with the project. Discussion ensued regarding the environmental review process. Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that the negative declaration for Public Works Project No. 92-03, for the widening of bridges on Kendall Drive and Cajon Boulevard, be adopted; and that a finding be made that the widening of bridges on Kendall Drive and Cajon Boulevard over Devil Creek is consistent with the circulation element of the General Plan. RES. 93-70 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PARKING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ALLAN STEWARD, INC., A CALIFORNIA CORPORATION BY THE MAYOR OF THE CITY OF SAN BERNARDINO ON BEHALF OF SAID CITY. (20) Peggy Ducey, Assistant to the city Administrator, answered questions pertaining to the proposed parking agreement and the method for issuing parking spaces within the parking district. 12 3/22/93 James wirth, 1980 Sierra Way, San Bernardino, CA, expressed opposition to the proposed parking agreement. council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 93-70 was adopted by the following vote: Ayes: council Members Estrada, Reilly, Hernandez, Minor, Pope- Ludlam, Miller. Nays: Council Member Maudsley. Absent: None. RES. 93-71 - 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, AND OTHER CITY PROPERTY. . . "; AND AUTHORIZING THE REMOVAL OF ALL TWO- HOUR AND ONE-HOUR PARKING LIMITATIONS IN PARKING DISTRICT LOT NUMBER ONE LOCATED BETWEEN FOURTH AND FIFTH STREETS AND BETWEEN "E" AND "F" STREETS. (22) Discussion ensued relative to the availability of parking spaces for downtown consumers. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 93-71 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Pope- Ludlam, Miller. Nays: Council Member Maudsley. Absent: None. RES. 93-72 - 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 MAY 4, 1993. (23) Discussion ensued regarding the May 4, Municipal (Run-Off) Election. 1993 General Council Member Hernandez made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution Ayes: Council Minor, Miller. Ludlam. Absent: No. 93-72 was adopted by Members Estrada, Reilly, Nays: None. Abstain: None. the following vote: Hernandez, Maudsley, Council Member Pope- 13 3/22/93 RES. 93-73 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS THE LEGISLATIVE BODY OF CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 995 (VERDEMONT AREA) DIRECTING THE CREDITING OF DELINQUENT SPECIAL TAXES ON ASSESSOR'S TAX ROLL AND ORDERING JUDICIAL FORECLOSURE OF DELINQUENT TAXES PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982. (24) Barbara Pachon, Director of Finance, answered questions pertaining to the enactment of the foreclosure procedures. Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding the policies mandated by the Mello- Roos Community Facilities Act. Council Member Minor made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 93-73 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Miller. Nays: Council Member Pope-Ludlam. Abstain: Council Member Hernandez. Absent: None. CITY ATTORNEY PENMAN EXCUSED At 10:40 a.m., city Attorney James Penman left the Council meeting and was replaced by Deputy City Attorney Rhemrev. COUNCIL MEMBER MILLER EXCUSED At 10:41 a.m., Council Member Miller left the Council meeting. RES. 93-74 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING A LAND USE/TRANSPORTATION ANALYSIS PROGRAM FOR THE CITY OF SAN BERNARDINO. (25) Discussion ensued regarding the Traffic Impact Analysis and the General Plan. Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution Ayes: Council Ludlam. Nays: Member Miller. No. 93-74 was adopted by the following vote: Members Estrada, Reilly, Maudsley, Minor, Pope- Council Member Hernandez. Absent: Council 14 3/22/93 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF THAT PORTION OF 7TH STREET LYING BETWEEN "D" STREET AND "E" STREET, AND RESERVING EASEMENTS OVER THE ENTIRE AREA FOR SANITARY SEWER, WATER, STORM DRAIN, STREET LIGHTS, AND TRAFFIC SIGNALS AND APPURTENANT FACILITIES FOR THE CITY OF SAN BERNARDINO, AND ALSO RESERVING EASEMENTS FOR GENERAL TELEPHONE, PACIFIC BELL TELEPHONE, SOUTHERN CALIFORNIA EDISON AND SOUTHERN CALIFORNIA GAS FOR PUBLIC UTILITIES THEREIN. (Discussed later in the meeting) (See Page 34) (28) It was the consensus of the Council that said resolution be continued to later in the meeting to be taken in conjunction with the proposed police facility (Items No. 43 & RS-1). PUBLIC HEARING - STREET - BETWEEN READING WAY PROPOSED STREET NAME CHANGE - GUTHRIE HIGHLAND AVENUE & PACIFIC STREET - TO (31) This is the time and place set for a public hearing for the proposed street name change of Guthrie Street, between Highland Avenue and Pacific street, to Reading Way. In a memorandum dated February 22, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that the Oak Tree Group representing Autumnwood Apartments, requested authorization to change the name of Guthrie Street, between Highland Avenue and Pacific Street, to Reading Way, based on the expectation that changing the street name would have a beneficial effect on the neighborhood. In a submitted opposition letter dated February 17, 1993, Ms. Gloria Antrobus signatures of fourteen (14) home owners expressing to the proposed street name change. Mayor Holcomb opened the hearing. Mrs. John W. Cathey, 1659 N. Guthrie Street, San Bernardino, CA, expressed opposition to the proposed street name change. COUNCIL MEMBER MILLER RETURNED At 10:44 a.m., Council Member Miller returned to the Council meeting and took her place at the council table. CITY ADMINISTRATOR CLARK EXCUSED At 10:46 a.m., city Administrator Shauna Clark left the Council meeting. Gary Kirby, 1050 Yardley, San Bernardino, CA, expressed opposition to the proposed street name change. 15 3/22/93 Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed opposition to the proposed street name change. RESOLUTION OF THE CITY OF SAN BERNARDINO CHANGING THE NAME OF GUTHRIE STREET (BETWEEN HIGHLAND AVENUE AND PACIFIC STREET) TO READING WAY, WITHIN THE CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO, EFFECTIVE AS OF THE DATE OF ADOPTION OF THIS RESOLUTION. (31) Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the public hearing on the proposed street name change of Guthrie Street to Reading Way, between Highland Avenue and Pacific street, be closed; and that the proceedings be terminated. COUNCIL MEMBER MAUDSLEY EXCUSED At 10:56 a.m., Council Member Maudsley left the Council meeting. PUBLIC HEARING REQUIREMENT - USE OF SERVICES FACILITIES CLEAN-UP DEPOSITS DAMAGE BOND CITY PARKS, RECREATION & COMMUNITY (32) This is the time and place set for a public hearing for the proposed fee increase to clean-up deposits and the requirement of damage bonds relative to the use of City Parks, Recreation & Community Services facilities for special events. In a memorandum dated March 12, 1993, Fred Wilson, Assistant City Administrator, stated that as a result of previous events held at City facilities; it has become apparent that fee increases to clean-up deposits and the requirement of damage bonds are necessary in order for the City to recoup damage costs associated with these special events. It is recommended that the bond and deposit be adjusted based on the number of people attending the event. For organizations receiving special funding from the City, it is also recommended that 50 percent of that funding be withheld until after the event so that damage costs exceeding the bond and deposit amounts may be covered without impacting the city's budget. Mayor Holcomb opened the hearing. RES. 93-75 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 91-35 ADDING DAMAGE BONDS AND CLEAN UP DEPOSITS FOR USE OF BUILDINGS, SPORT FACILITIES, PARK AND RECREATION FACILITIES, PARKS AND PARKING LOTS, EQUIPMENT AND STURGES AUDITORIUM. (32) Council Member Hernandez made Member Minor, that the hearing resolution be adopted. a motion, seconded by Council be closed; and that said 16 3/22/93 The motion carried, and Resolution No. 93-75 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Maudsley. COUNCIL MEMBER MAUDSLEY RETURNED At 10:59 a.m., Council Member Council meeting and took his place at Maudsley returned the council table. to the COUNCIL MEMBER POPE-LUDLAM EXCUSED At 10:59 a.m., Council Member Pope-Ludlam left the Council meeting. APPEAL - POLICE COMMISSION DENIAL OF OPERATOR'S PERMIT - DESERT INN MOTEL - 607 W. 5TH STREET - JACK & LINDA LIAO - DISCUSSED LATER IN THE MEETING - SEE PAGE 19 (33) This is the time and place set for an appeal of the Police Commission's denial of an operator's permit for Jack and Linda Liao for operation of the Desert Inn Motel. In a memorandum dated March 9, 1993, Daniel RObbins, Chief of Police, stated that the application of Jack and Linda Liao (also known as Wen-Hsuing & Lo Tsai Liao) for operation of the Desert Inn Motel had been denied by the Police commission. The police investigation found that Jack & Linda Liao have been convicted of a crime of moral turpitude and had significant prior arrests or police investigations concerning sexual misconduct, illicit drug transactions and related crimes in and around the Desert Inn Motel during their ownership. Mr. Liao, in the application process, denied the arrest and conviction. Mayor Holcomb opened the hearing. Council Member Estrada made a motion, seconded by Council Member Hernandez, and unanimously carried, that the appeal of the Police Commission's denial for an operator's permit for the operation of the Desert Inn Motel be continued to April 5, 1993, in the Council Chambers of city Hall, 300 North "0" Street, San Bernardino, California, to allow the appellant's attorney time to prepare a written response to the staff report on file. RECESS MEETING At 11:00 a.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 11:06 a.m., the adjourned regular meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "0" street, San Bernardino, California. 17 3/22/93 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman; City Clerk Rachel Clark. Absent: City Administrator Shauna Clark. PRESENTATION - WESTS IDE ACTION GROUP - MARCH 2, 1993- PRIMARY ELECTION (S-6) In a memorandum dated March 18, 1993, Council Member Pope- Ludlam requested that discussion and possible action be taken relative to the presentation made by the Wests ide Action Group regarding the March 2, 1993 Primary Municipal Election. Jim Pettway, representing the Wests ide Action Group, provided the Council with a copy of his presentation in which he alleges improprieties made during the March 2, 1993 Primary Municipal Election. Mr. Pettway alleged voters were not given the right to vote during the absentee ballot process. Discussion ensued regarding the intent presentation. It was determined that it Council's jurisdiction to nullify the results the decision would have to be made in court. of Mr. pettway's is not within the of the election and Rachel Clark, City Clerk, stated that a report would be prepared in response to the handout distributed by Jim Pettway for the April 5, 1993, Council meeting. She explained that individuals who did not receive an absentee ballot were all notified in writing, and each had the opportunity to contact the city Clerk's Office. Gary Kirby, 1505 Yardley, San Bernardino, CA, stated that voters who did not rece1ve an absentee ballot, could have exercised their right to vote by voting at the polls; therefore, they were not denied their right to vote. Discussion ensued regarding the pOlicies mandated by the State of California Elections Code. Alberta Cloutier, 1905 North Little Zion Manor Drive, San Bernardino, CA, stated that she had applied for an absentee ballot, called the City Clerk's Office, and was informed that she would be recei ving an absentee ballot; however, she did not receive one. ~, 18 3/22/93 council Member Minor made a motion, seconded by Council Member Reilly, that discussion and possible action relative to the presentation made by the Wests ide Action Group relating to the Primary Municipal Election held on March 2, 1993, be continued to a luncheon workshop on April 5, 1993, in the Management Information Center (MIC Room), sixth Floor, City Hall, 300 North "0" street, San Bernardino, California. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Maudsley, Minor, Nays: Council Member Pope-Ludlam. Absent: None. Council Miller. COUNCIL MEMBERS ESTRADA & POPE-LUDLAM EXCUSED At 11:29 a.m., Council Members Estrada and Pope-Ludlam left the Council meeting. APPEAL - POLICE COMMISSION DENIAL OF OPERATOR'S PERMIT - DESERT INN MOTEL - 607 W. 5TH STREET - JACK & LINDA LIAO - DISCUSSED EARLIER IN THE MEETING - SEE PAGE 17 (33) Mayor Holcomb stated that the appellant's attorney requested that the item be continued to April 19, 1993. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the appeal of the Police Commission's denial of an operator's permit for the operation of the Desert Inn Motel be continued to April 19, 1993, in the Council Chambers of city Hall, 300 North "0" Street, San Bernardino, California, to allow the appellant's attorney time to prepare a written response to the staff report on file. CITY ATTORNEY PENMAN EXCUSED At 11:30 a.m., city Attorney James Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. COUNCIL MEMBER ESTRADA RETURNED At 11:31 a.m., Council Member Estrada returned to the Council meeting and took her place at the council table. COMMUNITY DEVELOPMENT COMMISSION - ADJOURNED REGULAR MEETING At 11:31 a.m., Chairman Holcomb called the adjourned regular meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RES. 93-76 - AWARDING A INSTALLATION STREETS, AND RESOLUTION OF THE CITY OF SAN BERNARDINO CONTRACT TO B. WAYNE CORPORATION FOR OF SEWER MAINS ON HARDT, GOULD, DAVIDSON TIPPECANOE AVENUE. (R-3) 19 3/22/93 RES. 93-77 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RATIFYING AND APPROVING AN AMENDED COMPANY NOTE, A CERTAIN PURCHASE AGREEMENT AND CERTAIN RELATED LOAN EXTENSION AND MODIFICATION AGREEMENTS OF HERITAGE OFFICE BUILDING, LTD., A CALIFORNIA LIMITED PARTNERSHIP, THE CITY AND IMPERIAL BANK RELATING TO A CERTAIN INDUSTRIAL DEVELOPMENT REVENUE NOTE (HERITAGE INVESTORS) (SMALL ISSUE EXEMPTION - $10,000,000 MAXIMUM) DATED DECEMBER 15, 1981, AND AUTHORIZING CERTAIN ACTIONS RELATED THERETO. (R-9A) Council Member Reilly made a motion, seconded by Council Member Hernandez, that said resolutions be adopted. Resolution Nos. 93-76 following vote: Ayes: Hernandez, Maudsley, Minor, Council Member Pope-Ludlam. and 93-77 were Council Members Miller. Nays: adopted Estrada, None. by the Reilly, Absent: ORD. MC-865 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.90 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO MOBILE HOME PARK RENT STABILIZATION. Final (R-I0) Council Member Reilly made a motion, seconded by Council Member Hernandez, that said ordinance be adopted. Ordinance No. MC-865 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Miller. Nays: None. Absent: Council Member Pope- Ludlam. COUNCIL MEMBER POPE-LUDLAM ARRIVED At 11:35 a.m., Council Member pope-LUdlam returned to the Council meeting and took her place at the council table. RES. 93-78 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO KRUZE & KRUZE CONSTRUCTION & ENGINEERING, INC., FOR CONSTRUCTION OF STREET IMPROVEMENTS ON VICTORIA AVENUE AND MT. VIEW AVENUE. (R-6 ) Discussion ensued relative to the location of the street improvements and procedures authorizing the award of contracts. Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolution be adopted. 20 3/22/93 Resolution Ayes: council Ludlam, Miller. No. 93-78 was adopted by the following Members Estrada, Reilly, Maudsley, Minor, Nays: Council Member Hernandez. Absent: vote: Pope- None. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH ALLAN D. SMITH, BANKRUPTCY TRUSTEE SUCCESSOR TO H. FRANK DOMINGUEZ, DBA VANIR RESEARCH COMPANY AND DAVID D. MILLER & DENYSE M. MILLER, AND REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO RELATING TO THE PUBLIC PARKING SPACES. (R-14A) James Wirth, 1980 Sierra Way, San Bernardino, CA, expressed opposition to the proposed first amendment to the agreement. Peggy questions agreement. Ducey, Assistant to the city Administrator, regarding the proposed first amendment answered to the Discussion ensued relative to the terms of the agreement and possible complications if the first amendment is approved. COUNCIL MEMBER MILLER EXCUSED At 12:07 p.m., Council Member Miller left the Council meeting. Council Member Pope-Ludlam made a motion, seconded by Council Member Minor, that said resolution be continued to April 5, 1993, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. (Note: No vote was taken at this time.) Council Member Estrada made a substitute motion, seconded by Council Member Hernandez, that said resolution be referred to the Redevelopment Committee. Discussion ensued relative to whether the substitute motion was valid as a result of the item being continued. Council Member Minor withdrew his second to the motion that said resolution be continued to April 5, 1993. The substitute motion Council Members Estrada, Pope-Ludlam. Nays: None. carried Reilly, Absent: by the following vote: Ayes: Hernandez, Maudsley, Minor, Council Member Miller. COUNCIL MEMBER MILLER RETURNED At 12:11 p.m., Council Member Miller meeting and took her place at the council returned to the Council table. 21 3/22/93 Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, that said resolution return to be heard before the Mayor and Common Council on April 5, 1993, in the Council Chambers of City Hall, 300 North "0" street, San Bernardino, California. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 93-79 - RESOLUTION OF THE MAYOR AND COMMON OF THE CITY OF SAN BERNARDINO CALLING FOR ADJUDICATORY AND FACT FINDING HEARINGS DEVELOPMENT OF A LOW-LEVEL RADIOACTIVE WASTE IN WARD VALLEY. COUNCIL PUBLIC ON THE FACILITY (35) Council Member Maudsley made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 93-79 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. PUBLIC MEETING CONFIRM IMPROVEMENTS (1990-03) - A. ASSESSMENT ROLL 12.92 L. CHAVEZ ENTERPRISES, INC. (34) This is the time and place set for a public meeting relative to confirmation of assessment roll (1990-03 Assessment) for fill- in street improvements adjacent to eighteen (18) parcels. In a memorandum dated March 8, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that all work has been completed for fill-in street improvements adjacent to 18 parcels (1990-03 Assessments). The assessment roll must be confirmed and forwarded to the County Assessor in order for the City to be reimbursed for the costs incurred for this project. The Ralph M. Brown Act requires that a public meeting and a public hearing be held prior to any fees or assessments being levied. The meeting and hearing can be held during regular scheduled council meetings. Notices have been mailed advising property owners that the public meeting would be held on the Council meeting of March 22, 1993, and the public hearing would be held at the Council meeting of May 10, 1993. Mayor Holcomb opened the hearing. Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that the public meeting relative to confirmation of assessment roll for fill-in street improvements at 18 locations, 1990-03 Assessment, in accordance 22 3/22/93 with Plan No. 8648, be closed; and the confirmation of the assessment roll be continued to the pUblic hearing at 10:00 a.m., ~uring the r7gularly schedul~d Council meeting of May 10, 1993, :Ln the Counc:Ll Chambers of C:Lty Hall, 300 North "0" street, San Bernardino, California. COMMUNITY DEVELOPMENT COMMISSION - ADJOURNED REGULAR MEETING At 12:15 p.m., Chairman Holcomb called the adjourned regular meeting of the community Development Commission to order in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ARDEN-GUTHRIE FOCUS STRATEGY NEIGHBORHOOD REVITALIZATION (R-15) In a memorandum dated March 17, 1993, Kenneth J. Henderson, Executive Director, Economic Development Agency/Development Department, stated that staff has prepared a neighborhood improvement strategy for the Arden-Guthrie community which is plagued by a myriad of serious physical and social problems. The Arden-Guthrie Focus Neighborhood Revitalization Strategy represents an attempt to comprehensively address the social and physical needs of this community and to effectuate permanent improvement in the quality of life within the area by changing the economics to such an extent that the community would be maintained at a desirable level. The revitalization strategy involves systematic neighborhood improvement which would occur over the next one-to-three year period (1993-95). The total cost for the strategy plan is estimated to be approximately $7 to $10 million, the cost of which would be incurred over the entire three (3) year period. The strategy is comprehensive and holistic in its approach; and cannot be broken up and implemented on a segmented basis. If the Arden-Guthrie Focus Neighborhood Revitalization Strategy is adopted, staff would immediately pursue project funding through the Inland Valley Development Agency (IVDA). The strategy includes a mixed variety of tenants and renters at each income level and is flexible enough to, at some future point proactively accommodate potential ownership opportunities for tenants currently residing within the neighborhood. On March 4, 1993, the Community Development citizens Advisory Committee reviewed the strategy and recommended to the Housing Committee and Mayor and Common Council, approval of the park acquisition and four-plex acquisition (multi-use facility) components of the proposed revitalization strategy. Discussion ensued relative to the components of the Arden- Guthrie Focus Neighborhood Revitalization strategy. 23 3/22/93 council Member Hernandez made a motion, seconded by Council Member Estrada, that the Arden-Guthrie Focus Neighborhood Revitalization strategy be referred to the Redevelopment Committee. (Note: There was no vote taken at this time.) COUNCIL MEMBER REILLY EXCUSED At 12:13 p.m., Council Member Reilly left the Council meeting. Council by Council Neighborhood Committee. Member Hernandez made a Member Miller, that Revitalization strategy substitute motion, seconded the Arden-Guthrie Focus be referred to the Housing The substitute motion carried by Council Members Estrada, Hernandez, Council Members Minor, Pope-Ludlam. Reilly. the following vote: Maudsley, Miller. Absent: Council Ayes: Nays: Member CITY ATTORNEY PENMAN RETURNED At 12:20 p.m., City Attorney James Penman returned to the Council meeting. RECESS MEETING At 12: 22 p.m., the adjourned regular meeting of the Mayor and Common Council recessed to 2:00 p.m., in the Council Chambers of city Hall, 300 North "0" street, San Bernardino, California. RECONVENE MEETING At 2:00 p.m., Mayor Holcomb reconvened the adjourned regular meeting of the Mayor and Common Council in the Council Chambers of city Hall, 300 North "0" street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor, Miller; Deputy City Attorney Empeno; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Members Estrada, Pope-Ludlam. PUBLIC HEARING - GENERAL PLAN AMENDMENT 92-08 - CHANGE LAND USE DESIGNATION FROM RM, RESIDENTIAL MEDIUM, TO CG-1, COMMERCIAL GENERAL - 2.37 ACRES - MOUNTAIN VIEW AVENUE BETWEEN COULSTON STREET & 1-10 FREEWAY (46) This is the time and place set for a public hearing to change the land use designation from RM, Residential Medium, to CG-1, Commercial General, on approximately 2.37 acres located on the west side of Mountain View Avenue between Coulston street and the 1-10 Freeway. 24 3/22/93 In a memorandum dated March 2, 1993, Al Boughey, Director of Planning & Building Services, stated that the applicant, Alex Goglanian Jr., requested that the RM, Residential Medium, designation be changed to CG-1, Commercial General, for the parcel on the southwest corner of Mountain View Avenue and Coulston Street. Staff proposes that the adjacent parcel, under separate ownership, to the south next to the 1-10 Freeway be included as part of the proposed General Plan Amendment. The purpose of the RM, Residential Medium, land use designation is to allow for mUlti-family town homes, condominiums, and apartments. However, because the amendment site is relatively small, it would not lead to high quality mUlti-family development. The purpose of the CG-1, Commercial General, is, in part, to provide for new development of retail, personal service, entertainment, office and related commercial uses along major transportation corridors and intersections to serve the needs of the residents. Changing the land use designation to CG-1, Commercial General, is in conformance with General Plan policies. There is no commercial zoning in the city along this portion of Mountain View Avenue; and the site is located at the intersection of Mountain View and the 1-10 Freeway. Changing the zoning recognizes the existing automobile service station, allows the station to become a conforming use, and allows for the development of uses which would be compatible with the adjacent freeway and multiple family residential uses. The Planning Commission at its meeting of February 2, 1993, recommended adoption of the Negative Declaration and the approval of General Plan Amendment No. 92-08. Mayor Holcomb opened the hearing. RES. 93-80 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 92-08 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (46) Council Member Hernandez made a motion, seconded by Council Member Reilly, that the public hearing be closed; and that said resolution be adopted which adopts the Negative Declaration and approves General Plan Amendment No. 92-08. The motion carried and Resolution No. 93-80 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Miller. Nays: None. Absent: Council Members Estrada, Pope-Ludlam. 25 3/22/93 COUNCIL MEMBER At 2:02 p.m., Council meeting and POPE-LUDLAM RETURNED Council Member pope-Ludlam returned took her place at the council table. to the CITY ATTORNEY PENMAN RETURNED At 2:02 p.m., City Attorney Penman returned to the Council meeting. AN ORDINANCE CHAPTER 9.68 RELATING TO A OF THE CITY OF SAN BERNARDINO AMENDING OF THE SAN BERNARDINO MUNICIPAL CODE JUVENILE CURFEW. First (36) Council Member Miller made a motion, seconded by Council Member Minor, and unanimously carried, that said ordinance be laid over for final adoption. PRIOR APPROVAL OF MAYOR & COUNCIL ACTIONS - CONTINUED FROM MARCH 8, 1993 CITY ATTORNEY (37) This is the time and place continued to for consideration of requiring the approval of the Mayor and Council relative to City Attorney actions. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that any lawsuits or appeals undertaken by the City Attorney's Office, or arrangements to pay investigation, expert witness, or outside counsel fees for lawsuits or appeals filed by any other attorney, must receive approval from the Mayor and Common Council prior to dedication of staff resources; and that unauthorized legal pursuits would no longer be funded by the City. The motion failed by the following vote: Ayes: Council Members Hernandez, Minor, pope-Ludlam. Nays: Council Members Reilly, Maudsley, Miller. Absent: Council Member Estrada. Discussion ensued relative to actions taken by the city Attorney. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, to reconsider lawsuits or appeals undertaken by the City Attorney's Office, or arrangements to pay investigation, expert witness, or outside counsel fees for lawsuits or appeals filed by any other attorney, must receive approval from the Mayor and Common Council prior to dedication of staff resources; and that unauthorized legal pursuits would no longer be funded by the City. The motion carried by the following vote: Ayes: Members Hernandez, Maudsley, Minor, pope-Ludlam. Nays: Members Reilly, Miller. Absent: Council Member Estrada. Council Council 26 3/22/93 COUNCIL MEMBER ESTRADA RETURNED At 2:06 p.m., Council Member Estrada returned to the Council meeting and took her place at the council table. Discussion criminal cases attorneys. ensued relative and authority to procedures given by the adhered to on State to city Discussion ensued relative to the current operation and expenditures incurred by the City Attorney's Office. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that any lawsuits or appeals undertaken by the City Attorney's Office, or arrangements to pay investigation, expert witness, or outside counsel fees for civil lawsuits or appeals except those cases that the city Attorney by law is authorized to file by the State of california, must receive approval from the Mayor and Common Council prior to dedication of staff resources. Gary Kirby, 1050 Yardley Avenue, San expressed opposition relative to requiring that obtain prior approval for any action taken. Bernardino, CA, the city Attorney Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed opposition to obtaining prior approval of City Attorney actions. Warner Hodgdon, P. O. Box 2146, san Bernardino, CA, stated that he would be more than happy to address any concerns which may relate to himself or his business. The motion failed by the following vote: Members Hernandez, Pope-Ludlam. Nays: Council Reilly, Maudsley, Minor, Miller. Absent: None. Ayes: Council Members Estrada, ESTABLISH ASSESSMENT DISTRICT STERLING AVENUE, FROM FOOTHILL DRIVE ROAD AUTHORIZATION TO PROCEED FEBRUARY 15, 1993 CONSTRUCTION OF TO DALEY CANYON CONTINUED FROM (38) This is the time and place continued to for consideration of authorization to proceed with the establishment of an assessment district for construction of Sterling Avenue, from Foothill Drive to Daley Canyon Road. Council Member Miller made a motion, seconded by Council Member Maudsley, and unanimously carried, that authorization to proceed with the establishment of an assessment district for construction of Sterling Avenue, from Foothill Drive to Daley Canyon Road, be continued to May 24, 1993, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. 27 3/22/93 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN SAID CITY AND THE STUBBLEFIELD CONSTRUCTION COMPANY, RELATING TO ACCESS FOR THE PARCEL NORTH OF HIGHLAND AVENUE AND EAST OF STATE ROUTE NO. 330 (Continued from March 8, 1993.) (39) Discussion ensued relative to the processing of said agreement. Mark Ostoich, Esquire, Gresham, Varner, Savage, Nolan & Tilden, 600 North Arrowhead Avenue, San Bernardino, CA, explained that the State of California Department of Transportation (Caltrans) has stated that if the contracts are not executed, the State will proceed with eminent domain procedures, therefore, it is urgent that the proposed resolution be adopted. Discussion ensued relative to the potential liability the City may incur by failing to take action on said resolution. Council Member Hernandez made a motion, seconded by Member Pope-Ludlam, that said resolution be adopted. There was no vote taken at this time.) Council (Note: Discussion ensued regarding the contents of said agreement and the adoption in principle of said resolution. Council Member Estrada made a substitute motion, seconded by Council Member Miller, that said resolution be referred to Planning & Building Services to proceed with the environmental review process. (Note: There was no vote taken at this time.) Discussion ensued relative to the urgency of taking action at this time. Tom Parrish, representing the Stubblefield Company, 2258 Bradford Avenue, Highland, CA, presented a letter to the Council dated December 17, 1992, from the State of California Department of Transportation (Caltrans) reflecting their position towards the Stubblefield company. CITY ATTORNEY PENMAN EXCUSED At 3:25 p.m., City Attorney James Penman left the Council meeting and was replaced by Deputy City Attorney Empeno. Discussion ensued regarding placing the City in a position of inverse condemnation. 28 3/22/93 council Member Estrada made a motion, seconded by council Member Miller, that said resolution be referred to Planning & Building Services for environmental review; and that the Director of Public Works/city Engineer be directed to write a letter to the Department of Transportation stating that the matter has been heard before the Mayor and Council and will be processed as expeditiously as possible in accordance with appropriate administrative procedures. (Note: There was no vote taken at this time.) Warner Hodgdon, P. O. Box 2146, San Bernardino, CA, presented a letter dated March 22, 1993, which expressed opposition to the project and stated that the primary/secondary access is substandard and does not meet City Fire, Health and Safety Codes. The liability to complete and bring these roads into compliance with City street standards is projected to cost $780,998. council Member Estrada made a substitute motion, seconded by Council Member Miller, that said resolution be referred to Planning & Building Services for environmental review; and that the Director of Public Works/city Engineer be directed to write a letter to the State of California Department of Transportation (Caltrans) stating that the matter has been heard before the Mayor and Council and will be processed as expeditiously as possible in accordance with appropriate administrative procedures; and that staff be directed to investigate the $780,998 liability addressed in Warner Hodgdon's letter dated March 22, 1993. The Members Miller. motion carried by the following vote: Ayes: Council Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam, Nays: Council Member Minor. Absent: None. RECESS MEETING At 4:01 p.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 4:12 p.m., the adjourned regular meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman; City Clerk Rachel Clark; City Administrator Shauna Clark. 29 3/22/93 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 8.68 TO THE SAN BERNARDINO MUNICIPAL CODE REQUIRING RETAILERS TO KEEP CERTAIN AEROSOL CONTAINERS AND CERTAIN MARKER PENS INACCESSIBLE TO THE PUBLIC (Continued froa March 8, 1993.) First (40) Council Member Miller made a motion, seconded by Council Member Minor, that said ordinance be laid over for final adoption. (Note: There was no vote taken at this time.) Gary Kirby, 1050 Yardley, San Bernardino, CA, spoke in opposition to said ordinance. Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed opposition to the adoption of said ordinance. Discussion ensued relative to enforcement of said ordinance. Council Member Reilly made a motion, seconded by Council Member Miller, that a public hearing be set for April 5, 1993, in the Council Chambers of city Hall, 300 North "0" Street, San Bernardino, California. The motions carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Maudsley, Minor. Council Members Pope-Ludlam, Miller. Absent: None. Council Nays: APPROPRIATION GENERAL FUND - OFFICE OF FUNDS NOT TO EXCEED $500,000- OUTSIDE ATTORNEY COSTS - CITY ATTORNEY'S (41) In a memorandum dated March 11, 1993, city Attorney James Penman, stated that on December 7, 1992, the Mayor and Council authorized the Finance Director to expend an additional $200,000 to fund outside attorney costs. At the February 15, 1993, Council meeting it was noted that $163,969 remained of the original $200,000 and the City Attorney's Office had billings in hand totalling $266,702.73 which would exhaust the authorized expenditure and leave a deficit of approximately $100,000. At the March 8, 1993 Council meeting, the Mayor vetoed the motion to allow the additional expenditure for outside attorney fees. Additional costs continue to accrue and the City Attorney's Office now has bills totalling approximately $61,990.81 which leaves the account over $160,000 beyond what the Council had previously authorized. Mr. Penman requested that the Mayor and council authorize the payment of $200,000 to pay the current bills and allocate an additional $300,000 to pay the anticipated bills through the end of the fiscal year. 30 3/22/93 council Member Maudsley made a motion, seconded by Council Member Minor, that the Finance Director be instructed to draw down additional amounts not to exceed $500,000, in the aggregate, from the General Fund reserve to fund payment of outside attorney bills from the following City Attorney budget accounts: Litigation Outside Attorney (001-051-53049) and Litigation (001-051-53050) . The motion carried by the following vote: Members Estrada, Reilly, Maudsley, Minor, Miller. Members Hernandez, Pope-Ludlam. Absent: None. Ayes: Nays: council Council MANAGEMENT AUDIT - CITY ATTORNEY'S OFFICE (42) In a memorandum dated March 15, 1993, Council Member Hernandez, stated that on October 19, 1992, an agenda item was presented relative to a management audit of the City Attorney's Office. Due to a pending trial, the issue was deferred until the spring or summer of 1993. On December 7, 1992, transfers from the City's reserve funds increased the city Attorney's budget by $390,549 and another $500,000 is now before the Council. If approved, the total increase to the city Attorney's budget would be over $890,000, representing a 280 percent increase in litigation expenses over the approved 92/93 budget. In a letter to the Grand Jury dated June 19, 1992, city Attorney James Penman, requested that a management audit be conducted and that the San Bernardino Grand Jury select the auditing firm. It has been confirmed that Harvey M. Rose Accountancy Corporation is the 1992/93 Grand Jury contracted auditor. Harvey M. Rose was also one of the two finalists recommended by city Treasurer Kennedy. The lawsuit is now scheduled to go to trial in April 1993, with an anticipated duration of three months. Harvey M. Rose Accountancy Corporation is currently working on other management audits and would not be available to begin the San Bernardino project until July 1993, the expected ending date for the trial. To ensure that the report does not effect the trial outcome, the audit contract could stipulate that if the trial continues longer than anticipated; the audit results would not be released until the trial is complete. Mr. Penman has expressed concern relative to the impartiality of the audit due to Mayor Holcomb's influence as Chief Executive Officer. However, since Harvey Rose cannot begin the audit until July and Mayor Holcomb would no longer be in office, this concern is moot. 31 3/22/93 It is recommended that the City Treasurer be authorized to negotiate and the City Administrator execute an agreement with Harvey M. Rose Accountancy corporation for a management audit of the City Attorney's Office at a cost not to exceed $67,000; that the audit process be coordinated by the City Treasurer; and that no information concerning the audit findings be released prior to review of the draft report by the City Attorney's Office and the completion of the final written report. Discussion ensued regarding the intent of the management audit. Gary Kirby, 1050 Yardley, San Bernardino, CA, spoke in support of the proposed management audit of the city Attorney's Office. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that the City Treasurer be authorized to negotiate and execute an agreement with Harvey M. Rose Accountancy Corporation for a management audit of the City Attorney's Office at a cost not-to-exceed $67,000; that the audit process be coordinated by the City Treasurer; and that no information concerning the audit findings shall be released prior to review of the draft report by the city Attorney's Office and the completion of the final written report. (Note: There was no vote taken at this time.) Discussion ensued regarding the proposals received from the audit firms. City Administrator Shauna Clark recommended that the funds be utilized from the 1992/93 reserves. Discussion ensued relative to scope of services submitted by each auditing firm. The motion failed by the following vote: Ayes: Council Members Hernandez, Pope-Ludlam. Nays: Council Members Estrada, Reilly, Maudsley, Minor, Miller. Absent: None. City Attorney Penman stated that he would submit a letter to the new Mayor requesting that an audit be conducted and provide his suggestions for the audit. RECESS MEETING At 5:03 p.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 5:10 p.m., the adjourned regular meeting of the Mayor and Common Council reconvened in the Council Chambers of city Hall, 300 North "0" Street, San Bernardino, California. 32 3/22/93 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: None. NEW POLICE FACILITY - PROPOSED SUSPENSION OF ACTIVITY (43 & RSl) In a memorandum dated March Hernandez, requested the suspension facility until the newly-elected city 7, 1993. 16, 1993, Council Member of activity on the police officials are sworn in June In a memorandum dated March 3, 1993, Timothy Steinhaus, Agency Administrator, Economic Development Agency, stated that council Member Hernandez had requested staff place an item on the March 2, 1993, agenda for the suspension of activity on the new police facility until the new Mayor and Council Members are sworn into office. Submitted as exhibits to the staff report are differences in the superblock proposal (Councilman Hernandez's proposal) and the 7th and "0" Street site. Discussion ensued relative to funds already expended on the proposed police facility at 7th & "D" street, and features of both the proposed police facility and the site recommended by Council Member Hernandez at the Platt Building location. Chief of Police Daniel Robbins presented an overview of options available by both proposed police facilities and answered questions regarding the proposed facility at 7th & "0" Streets. Rod McDonald, Architect, answered Exhibi t B of the staff report prepared by Tim steinhaus. questions regarding Agency Administrator Discussion ensued regarding the proposed concept presented by Council Member Hernandez. CITY ATTORNEY PENMAN EXCUSED At 5:51 p.m., City Attorney James Penman left the Council meeting and was replaced by Deputy City Attorney Roth. James Wirth, 1980 North Sierra Way, San Bernardino, CA, recommended that the County jail be considered as a proposed site for the new police facility. Chief of Police Daniel Robbins answered pertaining to the ability of utilizing the County potential police facility site. questions jail as a 33 3/22/93 CITY ATTORNEY PENMAN RETURNED At 6:13 p.m., City Attorney Penman returned to the Council meeting. Council Member Hernandez made a motion, seconded by Council Member Maudsley, that the proposed police facility be referred to the Redevelopment Committee to meet with consultants and staff. (Note: No vote was taken at this time.) Jeff Wright, P. O. Box 2341, San Bernardino, CA, recommended that the new police facility be constructed of plexiglass. Council Member Reilly made a no suspension in activity for located at 7th & "0" Streets. substitute motion that there be the proposed police facility The substitute motion failed for lack of a second. Council Member Reilly made a motion, seconded by Council Member pope-Ludlam, that the proposed police facility be referred to the Redevelopment Committee to meet with consultants and staff, with no suspension of activity on the 7th & "0" Streets site. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Nays: Council Member Hernandez. Absent: None. Council Miller. RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF THAT PORTION OF 7TH STREET LYING BETWEEN "0" STREET AND "E" STREET, AND RESERVING EASEMENTS OVER THE ENTIRE AREA FOR SANITARY SEWER, WATER, STORM DRAIN, STREET LIGHTS, AND TRAFFIC SIGNALS AND APPURTENANT FACILITIES FOR THE CITY OF SAN BERNARDINO, AND ALSO RESERVING EASEMENTS FOR GENERAL TELEPHONE, PACIFIC BELL TELEPHONE, SOUTHERN CALIFORNIA EDISON AND SOUTHERN CALIFORNIA GAS FOR PUBLIC UTILITIES THEREIN. (Discussed earlier in the meeting) (See Page 15) (28) This is the time and place continued to from earlier in the meeting to consider the adoption of said resolution. Council Member Miller made a motion, seconded by Council Member Hernandez, that said resolution be referred to the Redevelopment Committee. (Note: There was no vote taken at this time.) Discussion ensued relative to the vacation of 7th street. 34 3/22/93 council Member Hernandez made a substitute motion, seconded by Council Member Estrada, that the vacation of 7th Street be denied. (Note: There was no vote taken at this time.) Discussion ensued relative to referring the vacation of 7th Street to the Redevelopment Committee. Council Member Maudsley made a motion, seconded by Council Member Reilly, and unanimously carried, that said resolution be continued to April 5, 1993, in the Council Chambers of City Hall, 300 North "0" street, San Bernardino, California. PURCHASE RECORDS $20,200 TWO (2) DISPATCH ADDITIONAL AUTHORIZE DISC DRIVES EXPENDITURE OF POLICE FUNDS- (44) In a memorandum dated February 26, 1993, Janis Ingels, Director of Management Information Systems, stated that previously the Police Department was unable to keep an acceptable amount of data on-line due to limited space available on the old computers. wi th the new computers, the Police Department has been able to maintain computer aided dispatch histories on-line for longer periods of time, which allows reports and inquiries to be made without waiting for the data to be reloaded from tape. The department's files are extremely large and continue to grow rapidly. The cost of a disc drive recently dropped from $20,000 for a one (1) gigabyte (approximately one billion characters of data storage) drive to only $10,100 for a two (2) gigabyte drive (two billion characters). It is proposed that the Police Department purchase one drive from asset forfeiture funds; and with the funds realized by the sale of old computer equipment, the second drive be purchased from Management Information Systems funds. The additional four (4) gigabytes would allow the Police Department's files to grow at the current rate of speed for approximately two (2) more years without storage space concerns. council Member Estrada made a motion, seconded by council Member Pope-Ludlam, and unanimously carried, that an amount of $10,100 of the $12,000 realized from the sale of 40 outdated terminal drivers utilized in conjunction with the previous public safety computers be authorized for the expenditure of one (1) additional disc drive to increase the storage capacity on the Police Records and Dispatch computers; that the Director of Finance be directed to deposit the remaining funds in the amount of $1,900 into Account No. 679-103-55486 (MIS-Hardware); and that an expenditure of Asset Forfeiture Funds in the amount of $10,100 be authorized for the purchase of one (1) additional disc drive to increase the storage capacity on the Police Records and Dispatch computers for a total of two (2) additional disc drives at a total cost of $20,200. 35 3/22/93 TIRE DISPOSAL - IDENTIFICATION PROCEDURE (45) In a memorandum dated March 16, 1993, Council Member Hernandez requested that discussion and possible action be taken requiring tire businesses to identify (stamp) those tires they accumulate for disposal. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that the matter relating to tire disposal identification be referred to the Legislative Review Committee. RES. 93-81 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND ROGER, ANDERSON, MALODY & SCOTT. (S-l) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 93-81 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, pope-Ludlam, Miller. Nays: None. Absent: None. RES. 93-82 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO ED BUTTS FORD FOR THE FURNISHING AND DELIVERY OF FIVE (5) UNMARKED POLICE VEHICLES, TO BE UTILIZED BY THE POLICE DEPARTMENT. (S-2) Council Member Pope-Ludlam made a motion, seconded by Council Member Minor, that said resolution be adopted; and that an expenditure of funds in the amount of $28,874 from the Asset Forfeiture Fund be authorized for the purchase of unmarked police cars. The motion carried and the following vote: Ayes: Hernandez, Maudsley, Minor, Absent: None. Resolution No. 93-82 was adopted by Council Members Estrada, Reilly, Pope-Ludlam, Miller. Nays: None. COUNCIL MEMBER REILLY EXCUSED At 6:37 p.m., Council Member Reilly left the Council meeting. RES. 93-83 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE TRANSFER OF FUNDS CURRENTLY HELD IN THE POLICE OFFICERS' ASSOCIATION TRUST ACCOUNT TO THE SAN BERNARDINO POLICE OFFICERS' ASSOCIATION FOR THE ESTABLISHMENT OF THE SBPOA RETIREMENT TRUST. (S-3) Discussion ensued regarding the adoption of said resolution. 36 3/22/93 council Member Miller made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 93-83 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Reilly. REQUEST TO SEEK LEAVE - FILE AMICUS CURIAE BRIEF - CITY OF ALHAMBRA VS. IKEMOTO (S-4) In a memorandum dated March 16, 1993, City Attorney James Penman, stated that the City of Alhambra has requested support 1n its original action filed in the California Supreme Court challenging the constitutionality of the state's diversion of property taxes from cities and redevelopment agencies in the 1992-93 budget. The case is entitled citv of Alhambra vs. Ikemoto, Case No. S031350. Mayor Holcomb recommended that the City seek the right to file an Amicus Curiae (Friend of the Court) Brief to join in arguing these important issues. Gary Kirby, 1505 Yardley, San Bernardino, CA, expressed opposition to the filing of the Amicus curiae Brief. Jeff Wright, P. O. Box 2341, San Bernardino, CA, requested clarification of the Amicus Curiae Brief. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, that the City Attorney be authorized and directed to seek leave of the California Supreme Court to file an Amicus Curiae Brief in the case of citv of Alhambra vs. Ikemoto. The motion carried by the following vote: Ayes: Members Estrada, Maudsley, Minor, pope-Ludlam, Miller. Council Member Hernandez. Absent: Council Member Reilly. Council Nays: ORDINANCE OF THE CITY OF SAN BERNARDINO MUNICIPAL CODE SECTION 14.08.110 REGARDING THE PAYMENT OF FRANCHISE FEES. First AMENDING TIME FOR (S-5) council Member Miller made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that said ordinance be laid over for final adoption. WAIVE FEES - $275 - USE OF FISCALINI FIELD - CHILDHELP USA (AS-l) In a memorandum dated March 17, 1993, Annie Ramos, Director of Parks, Recreation & Community Services, stated that the Inland Empire Chapter of Childhelp USA is sponsoring a fundraising event 37 3/22/93 at Fiscalini Field to benefit "The Village of Childhelp" in Beaumont. Childhelp is a national charity which is working to combat child abuse through treatment, prevention, and research. The fee for use of Fiscalini Field is $275. council Member Minor made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the request to waive fees for use of Fiscalini Field and facilities in the amount of $275 be approved. LIEN - UNCOLLECTED BUSINESS EAST COOLEY AVENUE - KENNETH FEBRUARY 1, 1993 REGISTRATION FEES - 1050 E. HAGEN - CONTINUED FROM (AS-2) This is the time and place continued to for consideration of imposing a lien on property located within the city of San Bernardino for uncollected business registration fees for property located at 1050 East Cooley Avenue, owned by Kenneth E. Hagen. City Clerk Rachel Clark stated that in a letter dated March 18, 1993, Mr. Kenneth E. Hagen submitted payment in the amount of $1,090; however, payment was being submitted under protest. Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the appeal of Kenneth E. Hagen regarding imposing of a lien on property located at 1050 East Cooley Avenue for uncollected business registration fees, be tabled. COMMUNITY DEVELOPMENT COMMISSION At 6:43 p.m., Chairman Holcomb called the adjourned regular meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North "0" street, San Bernardino, California. RES. 93-85 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A GRANT DEED CONVEYING CERTAIN PROPERTY LOCATED ON THE NORTH SIDE OF FOURTH STREET, BETWEEN "E" STREET AND "0" STREET, TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO; AUTHORIZING THE EXECUTION OF THE PERTINENT ESCROW INSTRUCTIONS AND AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH SAID REDEVELOPMENT AGENCY AND AUTHORIZING PAYMENT THEREFOR. (R-16E) RES. 93-84 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF UNDERTAKING CERTAIN BLIGHT REDUCING ACTIVITIES FOR THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA AND THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA OF THE AGENCY. (R-16F) 38 3/22/93 Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, that said resolutions be adopted. Resolution Nos. 93-85 and 93-84 were adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Maudsley, Minor, pope-Ludlam, Miller. Nays: None. Absent: Council Member Reilly. COUNCIL MEMBER At 6:48 p.m., meeting. HERNANDEZ EXCUSED Council Member Hernandez left the Council RECESS MEETING - CLOSED SESSION At 6:49 p.m. the Mayor and Common Council and Development Commission recessed to closed session following: a. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9(b) (1), as there is significant exposure to litigation; (1) Community for the b. based on existing facts and circumstances, set out below, the City Council is meeting only to decide whether a closed session is authorized pursuant to California Government Code Section 54956.9(b) (2); c. to confer with the attorney regarding litigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending section decide d. to consider personnel matters pursuant to Government Code Section 54957; e. 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; f. 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 The identity of each person with whom negotiations are authorized is: ; 39 3/22/93 to meet with an applicant for a applicant's attorney pursuant section 54956.7; h. to meet with the Chief of Police regarding matters of public security pursuant to Government Code section 54957; g. City license and the to Government Code i. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party to pursuant to Government Code section 54956.9(a) as follows: Stubblefield Construction Comoanv. et al vs. citv of San Bernardino. et al - San Bernardino Superior Court Case No. 242998; San Bernardino Superior Court Case No. 252058; Tomas Armendariz. et al vs. James F. Penman. et al - United States District Court Case No. 91-5757; Julie M. Thomoson vs. citv of San Bernardino. et al - united States District Court Case No. SA CV-92-888 GT (RWRx); Leslie Bond vs. Communitv Develooment commission. et al- San Bernardino Superior Court Case No. 276373; Paul Stark vs. citv of San Bernardino Municipal Court Case No. 138304; San Bernardino Marv Millerd vs. citv of San Bernardino - San Bernardino Superior Court Case No. 272928; Libertv Cable vs. citv of San Bernardino - united States District Court Case No. 82-6876 WMB; citv of San Bernardino vs. Countv of San Bernardino. et al- Riverside Superior Court Case No. 207900; Jenkins vs. citv of San Bernardino. et al - San Bernardino Superior Court Case No. 257479; Bowers vs. Klucas/Citv of San Bernardino - San Bernardino superior Court Case No. 275858; villareal vs. citv of San Bernardino Superior Court Case No. 249536. San Bernardino CLOSED SESSION At 6:49 p.m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. 40 3/22/93 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Estrada, Maudsley, Minor, pope-Ludlam, Miller; City Attorney James Penman; City Clerk Rachel Clark; city Administrator Shauna Clark. Absent: Council Members Reilly, Hernandez. ADJOURN CLOSED SESSION At 6:53 p.m., the closed session adjourned to the adjourned regular meeting of the Mayor and Common Council of the city of San Bernardino. RECONVENE MEETING At 6:53 p.m., Mayor Holcomb reconvened the adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of city Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Estrada, Maudsley, Minor, pope-Ludlam, Miller; City Attorney James Penman; City Clerk Rachel Clark; city Administrator Shauna Clark. Absent: Council Members Reilly, Hernandez. ADJOURNMENT (47) At 6:53 p.m., the meeting was adjourned to Monday, April 5, 1993, at 8:30 a.m., in the Council Chambers of City Hall, 300 North "0" street, San Bernardino, California. RACHEL CLARK City Clerk na Cordova ty City Clerk No. of Items: 76 No. of Hours: 9 41 3/22/93