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HomeMy WebLinkAbout10-04-1993 Minutes .-', MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING OCTOBER 4, 1993 COUNCIL CHAMBERS The regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Minor at 7:59 a.m., Monday, October 4, 1993, 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 Minor; council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin; Senior Assistant City Attorney Morillo; City Clerk Rachel Clark. Absent: Council Members Pope-Ludlam, Miller; city Administrator Shauna Clark. RECESS MEETING - CLOSED SESSION (1 & 8-1) At 7:59 a.m. the Mayor and Common Council and Community Development Commission recessed to closed session for the 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; 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); 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; 1 10/4/93 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: g. to meet with an applicant for a applicant's attorney pursuant section 54956.7; City license and the to Government Code h. to meet with the Chief of Police regarding matters of public security pursuant to Government Code section 54957; 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: Tomas Armendariz vs. James F. Penman. et al - united states District Court Case No. 91-5757; Brenda Walker vs. ci tv of San Bernardino. et al - united states District Court Case No. 91-5239 LHM (JRx); E.L. Yeaqer vs. citv of San Bernardino Office of Administrative Hearings Arbitration Case No. A-0024-92; Julie Thompson vs. citv of San Bernardino - United States District Court Case No. 92-888 GLT (RWRx); In Re General Motors Corporation pickup Truck Fuel Tank Products Liabilitv Litiqation - United States District Court Case No. MOL Docket No. 961 and Master File No. 92-6450. CLOSED SESSION At 7: 59 a. m., Mayor Minor called the closed session to order in the conference room of 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 Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin; Senior Assistant City Attorney Morillo; City Clerk Rachel Clark. Absent: Council Members Pope-Ludlam, Miller; City Administrator Shauna Clark. Also present: Deputy City Attorney Rhemrev, city Attorney's Office. 2 10/4/93 MARGARET SCROGGIN, ADMINISTRATIVE OPERATIONS SUPERVISOR ARRIVED At 8:02 a.m., Administrative Operations Supervisor Margaret Scroggin, City Attorney's Office, arrived at the closed session. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Cordova read the titles of all the resolutions and ordinances on the regular, supplemental and Community Development Commission agendas while the Council was in closed session. COUNCIL MEMBER MILLER ARRIVED At 8:03 a.m., Council Member Miller arrived at the closed session. DEPUTY CITY ATTORNEY EMPENO ARRIVED At 8:06 a.m., Deputy city Attorney Empeno arrived at the closed session. DEPUTY CITY ATTORNEY RHEMREV EXCUSED At 8:07 a.m., Deputy City Attorney Rhemrev left the closed session. ADJOURN CLOSED SESSION At 8: 17 a.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 9:01 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of city Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Deputy City Attorney Empeno; city Clerk Rachel Clark; City Administrator Shauna Clark. Absent: None. INVOCATION The invocation was given by Dr. Tom Harvick, Central Christian Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Miller. 3 10/4/93 ANNOUNCEMENT - COUNCIL MEMBER OBERHELMAN (2) Council Member Oberhelman expressed his condolences to the family of Edward Young who passed away. ANNOUNCEMENT - COUNCIL MEMBER MILLER (2A) Council Member Miller congratulated the San Bernardino Chamber of Commerce for its success in the hosting of a business convention. PUBLIC COMMENTS - BRIAN PLANT (3) Brian Plant, a resident of San Bernardino, CA, expressed support for the input of the citizens of San Bernardino. PUBLIC COMMENTS - ROGER DUMAS (3A) Roger Dumas, a resident of San Bernardino, CA, expressed his intent to generate an initiative for March 1994. PUBLIC COMMENTS - JAMES WIRTH (3B) James Wirth, 1980 Sierra Way, San Bernardino, CA, opposition to the demolition of the Platt Building, and documents which support the rehabilitation of the Platt expressed submitted Building. COUNCIL MEMBER HERNANDEZ EXCUSED At 9:15 a.m., Council Member Hernandez left the Council meeting. APPOINTMENT COMMITTEE COUNCIL MEMBER DEVLIN - WAYS & MEANS (8-2) In a memorandum dated September 29, 1993, Council Member Hernandez requested that Council Member Devlin be appointed, to replace Council Member Oberhelman, as a member of the Ways & Means committee. Council Member Oberhelman made a motion, seconded by Council Member Miller, that the appointment of Council Member Devlin, to replace Council Member Oberhelman, as a member of the Ways & Means Committee, be approved. The motion Members Negrete, None. Abstain: Hernandez. carried by the following vote: Curlin, Oberhelman, Pope-Ludlam, Council Member Devlin. Absent: Ayes: Council Miller. Nays: Council Member 4 10/4/93 APPOINTMENT - ANNIVORY CALVERT - COMMUNITY DEVELOPMENT CITIZEN ADVISORY COMMITTEE (8-4) In a memorandum dated September 30, 1993, Mayor Minor recommended the appointment of Annivory Calvert, 154 Cheshire Lane, San Bernardino, CA, to the Community Development citizen Advisory Committee, as requested by Council Member Hernandez. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the appointment of Annivory Calvert to the Community Development citizen Advisory Committee, be approved. COUNCIL MEMBER HERNANDEZ RETURNED At 9:20 a.m., Council Member Hernandez returned to the Council meeting and took his place at the council table. PROCLAMATION - FIRE PREVENTION WEEK - OCTOBER 3-9, 1993 (4) Ernest Wilson, Affirmative Action Officer, Mayor's read a proclamation declaring the week of October 3-9, Fire Prevention Week and commemorating the Great Chicago 1871. Office, 1993 as Fire of will Wright, Fire Chief, and Guy Burdick, Fire Marshall, San Bernardino Fire Department, accepted the proclamation. Fire Marshall Guy Burdick expressed appreciation for the city's support, and announced that an Open House would be held at the Central Fire station on Saturday, October 9, 1993 from 9:00 a.m. to 1:00 p.m. COMMENDATION - FRATERNAL ORDER OF EAGLES - AERIE 506- EAGLES DAY - OCTOBER 9, 1993 (4A) Phil Arvizo, Executive Assistant to the Council, read a commendation to the Fraternal Order of Eagles, Aerie 506, in recognition of dedicated service to the community and declaring October 9, 1993 as Eagles Day. Robert Tuel, President, and John Wolf, Aerie Treasurer, Fraternal Order of Eagles, Aerie 506, accepted the commendation. Robert Tuel, President, Fraternal Order of Eagles, Aerie 506, expressed his appreciation for the City'S support. APPOINTMENTS - MAYOR MINOR - COUNCIL MEMBER NEGRETE, ALTERNATE - ADVISORY COMMISSION ON WATER POLICY - SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT (SBVMWD) (4B) 5 10/4/93 In a memorandum dated September 24, 1993, Mayor Minor recommended that he be appointed as a member and Council Member Negrete be appointed as an alternate member to the Advisory Commission on Water Policy. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the recommendation to appoint Mayor Minor as a member representative and Council Member Negrete as an alternate member to the Advisory Commission on Water Policy, be approved. WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (5) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas, be waived. COUNCIL MINUTES (6) Council Member Oberhelman made a motion, seconded by Council Member Negrete, 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: July 6, 1993; August 16, 1993. SET ANNUAL PUBLIC MEETING & HEARING & JUNE ANNUALLY INCREASE ASSESSMENTS - 4TH MONDAY OF MAY IN ANNUAL SPECIAL (7) In a memorandum dated September 15, 1993, Roger Hardgrave, Director of Public Works/city Engineer, stated that recent changes in the Brown Act mandate that a public meeting and public hearing be held for increased annual assessments. The public hearing cannot be held 45 days prior to the mailing date of the notice. Historically, the city provides 10 days notice of any public meeting relating to special assessment districts. The city currently has 5,896 property owners who could be affected each year. In an effort to allow sufficient time for preparation of the annual tax rolls and submittal to the County, it is recommended that the public meeting be held on the fourth Monday of May and that the public hearing be held on the fourth Monday of June for each year. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the City Council conduct two annual special meetings to hear comments and protests relative to increased annual special assessments, such meetings to commence at 10:00 a.m. on the 4th Monday of May and the 4th Monday of June each year. 6 10/4/93 INSTALL GUARDRAIL PALM AVENUE AT CITY APPROVAL OF PLANS - ADVERTISE FOR BIDS CREEK- (8) In a memorandum dated September 21, 1993, Roger Hardgrave, Director of Public Works/city Engineer, stated that plans for installation of guardrail on Palm Avenue at City Creek, have been prepared and the project is ready to be advertised for bids. The project consists of installing wing walls, bridge barrier rails and metal beam guardrails along the approach roadways. The estimated total project cost is $206,000. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the plans for installation of guardrail on Palm Avenue at City creek, in accordance with Plan No. 9004, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. CLAIMS AND PAYROLL (9) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated September 28, 1993 from the Director of Finance, be approved. PERSONNEL ACTIONS (10) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated September 23, 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; and that Item 18, Jane Johnson, LOAWP (Leave of Absence Without Pay), be deleted. RES. 93-367 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO ASSOCIATED GOVERNMENTS TO LEASE FOUR (4) PARKING SPACES IN CENTRAL CITY PARKING DISTRICT LOT #3. (11) RES. 93-368 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LIER MUSIC REGARDING TEN (10) PARKING SPACES IN CENTRAL CITY PARKING DISTRICT LOT #1. (12) RES. 93-369 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY FOR AIRCRAFT RESCUE AND FIREFIGHTING SERVICES. (13) 7 10/4/93 RES. 93-370 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PREPARATION AND EXECUTION OF APPLICATIONS AND AGREEMENTS FOR SAN BERNARDINO COUNTY COMMUNITY SERVICES FOOD DISTRIBUTION PROGRAM AT MILL COMMUNITY CENTER AND REPEALING RESOLUTION 93-114. (14) RES. 93-371 - 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 (WEED ABATEMENT). (16) RES. 93-372 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE SITE IDENTIFICATION AND DESCRIPTION FOR THE PHELAN/SBCO SANITARY LANDFILL FACILITY (FACILITY IDENTIFICATION #36-AA-0044). (17) RES. 93-373 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE SITE IDENTIFICATION AND DESCRIPTION FOR THE BARSTOW/SBCO SANITARY LANDFILL FACILITY (FACILITY IDENTIFICATION #36-AA-0046). (18) RES. 93-374 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE SITE IDENTIFICATION AND DESCRIPTION FOR THE YERMO/SBCO SANITARY LANDFILL FACILITY (FACILITY IDENTIFICATION #36-AA-0047). (19) RES. 93-375 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE SITE IDENTIFICATION AND DESCRIPTION FOR THE APPLE VALLEY SANITARY LANDFILL FACILITY (FACILITY IDENTIFICATION #36-AA-0048). (20) RES. 93-376 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE SITE IDENTIFICATION AND DESCRIPTION FOR THE BAKER SANITARY LANDFILL FACILITY (FACILITY IDENTIFICATION #36-AA-0049). (21) RES. 93-377 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE SITE IDENTIFICATION AND DESCRIPTION FOR THE HESPERIA/SBCO SANITARY LANDFILL FACILITY (FACILITY IDENTIFICATION #36-AA-0050) . (22) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolutions be adopted. 8 10/4/93 Resolution Nos. 93-367, 93-368, 93-369, 93-370, 93-371, 93- 372, 93-373, 93-374, 93-375, 93-376 and 93-377 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 93-378 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6429 ENTITLED IN PART "A RESOLUTION. .. ESTABLISHING A BASIC COMPENSATION PLAN FOR OFFICERS AND/OR EMPLOYEES OF THE POLICE AND FIRE DEPARTMENTS OF THE CITY OF SAN BERNARDINO." (15) Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 93-378 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 93-379 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH DAVID EVANS AND ASSOCIATES (DEA) PERTAINING TO A MODIFICATION OF TASK 7 OF EXHIBIT "I" (ENVIRONMENTAL SITE ASSESSMENT) FOR THE EXTENSION OF ORANGE SHOW ROAD FROM ARROWHEAD AVENUE TO TIPPECANOE AVENUE. (23) Discussion ensued relative to the selection of bids. Roger Hardgrave, Director of Public Works/City Engineer, answered questions relative to the bid selection process. council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 93-379 was adopted by the following Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Ludlam, Miller. Nays: Council Member Hernandez. Absent: vote: Pope- None. RES. 93-380 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO NOTICING A PUBLIC MEETING AND A PUBLIC HEARING RELATIVE TO THE FORMATION OF UNDERGROUND UTILITY DISTRICT NO. 23, GENERALLY LOCATED ALONG PORTIONS OF ORANGE SHOW ROAD AND THE PROPOSED EXTENSION THEREOF FROM ARROWHEAD AVENUE TO TIPPECANOE AVENUE. (24) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. 9 10/4/93 Resolution No. 93-380 was adopted by the following Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Ludlam, Miller. Nays: Council Member Hernandez. Absent: vote: Pope- None. RES. 93-381 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A SCHEDULE OF FEES FOR STORM WATER DRAINAGE FACILITIES CONSTRUCTION FOR LAND SUBDIVISION AND DEVELOPMENT WITHIN THE CITY OF SAN BERNARDINO; AND RESCINDING RESOLUTION NO. 88-114. (S-3) A discussion was held relative to the storm water conveyance fee. Roger Hardgrave, Director of Public Works/city Engineer, answered questions relative to the conveyance fee. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 93-381 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 93-382 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE THE APPLICATION TO THE ECONOMIC DEVELOPMENT AGENCY FOR A GRANT TO FINANCE STREET AND WATER SYSTEM IMPROVEMENTS WITHIN NORTON A.F.B. (S-5) Discussion ensued relative to the application process and whether or not the resolution should go before the Board of Water commissioners. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 93-382 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 93-383 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE TRANSFER OF CABLE TELEVISION FRANCHISE FROM CHAMBERS CABLE OF SOUTHERN CALIFORNIA, INC., TO THE MARKS PARTNERS, L.P. (Continued from September 20, 1993) (27) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 93-383 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, DeVlin, Pope-Ludlam, Miller. Nays: None. Absent: None. 10 10/4/93 1992-93 BARRIER RAIL PROGRAM SEPARATION SANTA FE RAILWAY CONTINUED FROM SEPTEMBER 20, 1993 RIALTO AVENUE GRADE - APPROPRIATE FUNDS- (28) This is the time and place continued for discussion of the appropriation of funds from the 1992-93 Barrier Rail Program for the replacement of obsolete bridge rail on the Rialto Avenue Grade Separation over the Santa Fe Railway. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the appropriation of $172,635 from the 1992-93 Barrier Rail Program, to finance 88.53% of the cost for replacing the obsolete bridge rail on the Rialto Avenue Grade Separation over the Santa Fe Railway, be approved under Account No. 242-362-57401; and that the transfer of $23,365 from Account No. 129-000-30405, "Unappropriated Reserve - 1/2 Cent Sales Tax Fund," to Account No. 242-362-57401, "Barrier Rail - Rialto Avenue Separation," be approved. PROPOSED SETTLEMENT - SURVEY SERVICES STREET BRIDGE - SOUTHLAND SURVEYING, FROM SEPTEMBER 20, 1993 - WIDEN SOUTH "E" INC. - CONTINUED (29) This is the time and place continued for discussion of a proposed settlement by Southland Surveying, Inc., for survey services supplied in connection with the widening of the South "E" Street Bridge. In a memorandum dated September 27, 1993, Frank Rhemrev, Deputy City Attorney, stated that Southland Surveying, Inc., performed duties as a subcontractor to Brutoco. Therefore, the city is not obligated to negotiate a settlement with Southland. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the proposed settlement by Southland surveying, Inc., for providing survey services for widening the South "E" Street Bridge at the Santa Ana River, in the amount of $5,000 as payment in full for the balance of $8,205 for their claim for extra work, be rejected. REQUEST FEE DEFERMENT SPRING MOUNTAIN HOMES SEPTEMBER 20, 1993 DEVELOPMENT IMPACT FEES- PROJECT CONTINUED FROM (30) This is the time and place continued to consider a request made by Michael John Enterprises for the deferment of development impact fees relative to the spring Mountain Homes Project. 11 10/4/93 council Member Oberhelman made a motion, Member Hernandez, and unanimously carried, referred to the Legislative Review committee. seconded by council that the matter be RECONSIDER - INITIATION OF A DEVELOPMENT CODE AMENDMENT - OFFSITE ABC LICENSE REQUIREMENTS COUNCIL MEMBER HERNANDEZ - DISCUSSED LATER IN THE MEETING - SEE PAGE 19 (31) In a memorandum dated September 27, 1993, Council Member Hernandez requested reconsideration of a development code amendment pertaining to off-site Alcoholic Beverage Control (ABC) license requirements. It was the consensus of the Council that discussion on said item be continued to the afternoon. RECONSIDER - APPEAL OF PLANNING COMMISSION'S DENIAL- CONDITIONAL USE PERMIT NO. 93-01 - CONVENIENCE MARKET- 484 SOUTH RANCHO AVENUE - COUNCIL MEMBER HERNANDEZ- DISCUSSED LATER IN THE MEETING - SEE PAGE 21 (32) In a memorandum dated September 27, 1993, Council Member Hernandez requested reconsideration of the Mayor and Council's denial of an appeal of the Planning commission's denial of Conditional Use Permit No. 93-01, to allow the off-site sale of hard liquor at 484 South Rancho Avenue. It was the consensus of the Council that discussion on said item be continued to the afternoon. APPOINTMENT OF EMPLOYEES - COUNCIL OFFICE - COUNCIL MEMBER CURLIN (33) NOTE: A Staff Report was not distributed with the backup; therefore, will not be available for reference. Council Member Curlin made a Member Hernandez, and unanimously tabled. motion, carried, seconded by that said Council i tern be RECESS MEETING At 9:47 a.m., Mayor Minor declared a ten-minute recess. RECONVENE MEETING At 10:01 a.m., the regular meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 12 10/4/93 ROLL CALL Roll call was taken by city Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, curlin, Hernandez, Oberhelman, Devlin, Miller; Deputy City Attorney Empenoj City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Pope-Ludlam. ANNOUNCEMENT - COUNCIL MEMBER CURLIN (28) Council Member Curlin requested that for the benefit of the public, Council Member Hernandez explain the purpose of the Community Development Citizen Advisory Committee and the rationale for appointing Ms. Annivory Calvert. ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ (2C) Council Member Hernandez provided a synopsis of the duties of the Community Development citizen Advisory Committee, and the qualifications of Ms. Annivory Calvert. COUNCIL MEMBER POPE-LUDLAM RETURNED At 10:03 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. PUBLIC HEARING - INCREASE SEWER-SERVICE CHARGE - WITHIN & OUTSIDE CITY OF SAN BERNARDINO - WATER DEPARTMENT- CONTINUED FROM SEPTEMBER 7, 1993 (25) This is the time and place continued to consider a proposed increase to the sewer-service charge within. and outside the City of San Bernardino. Mayor Minor opened the hearing. Bernie Kersey, General Manager, Water Department, Cheryl Flowers, Assistant General Manager of Department. introduced the Water Cheryl Flowers provided a synopsis of the rationale for the proposed increase to the sewer-service charge, and explained the requirements mandated by the Regional Water Quality Control Board of the State of California. Mr. Kersey explained the options considered to meet the mandates of the Regional Water Quality Control Board, and the financing options for the proposed tertiary treatment facility. He answered questions relative to the proposed sewer-rate increase, sledge-haul savings of $400,000, Santa Ana River water discharge standards and the staffing plan regulated by the State for treatment facilities. 13 10/4/93 Jerard Thibeault, Executive Director, Santa Ana Regional Quality Water Control Board, 2010 Iowa Avenue, suite 100, Riverside, CA, explained the regulated mandates of the Board and the infractions imposed for violation of such. The following individuals spoke in opposition to the proposed sewer-rate increase: Paul F. Plesnicher, 1649 Sheridan Road, San Bernardino, CA. William Rice, 7454 Sterling Avenue, San Bernardino, CA. Willard Kenley, 28067 Pacific street, Highland, CA. Robert Long, 407 E. 9th Street, San Bernardino, CA. Bernie Kersey answered questions relative service payments and the financing options for tertiary treatment facility. to the debt- the proposed Jerard Thibeault answered questions relative to the responsibilities of the Santa Ana Regional Quality Water Control Board and the composition of such. Robert Castaneda, 1425 W. 9th Street, San Bernardino, CA, suggested that training be provided relative to the Water Department and its regulated requirements. Council Member Member pope-Ludlam, hearing be closed. Hernandez made a motion, seconded by Council and unanimously carried, that the public RES. 93-384 - RESOLUTION OF THE CITY OF SAN BERNARDINO FIXING AND ESTABLISHING CHARGES FOR SERVICES AND FACILITIES FURNISHED BY THE CITY SEWERAGE COLLECTION AND TREATMENT SYSTEM LOCATED INSIDE THE INCORPORATED TERRITORY OF THE CITY; PROVIDING THAT USERS LOCATED OUTSIDE THE INCORPORATED TERRITORY OF THE CITY MAY RECEIVE SEWER SERVICES; AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO EXECUTE AGREEMENTS FOR USERS LOCATED OUTSIDE THE INCORPORATED TERRITORY OF THE CITY SUBJECT TO CERTAIN TERMS AND CONDITIONS; AND REPEALING RESOLUTION NO. 91-361. (Continued from September 7, 1993) (25) A discussion was held relative to possible training, the legal ramifications for violations of the Clean Water Act, the proposed sewer-rate increase and the financial options for the tertiary treatment facility. Jerard Thibeault answered questions relative to the penalties imposed for violations of the Clean Water Act. 14 10/4/93 DEPUTY CITY ATTORNEY ROTH ARRIVED At 11:25 a.m., Deputy City Attorney Roth arrived at the Council meeting and replaced Deputy City Attorney Empeno. Deputy City Attorney Roth answered questions relative to the possible infractions imposed for violation of the Clean Water Act. Council Member Hernandez made a motion that said resolution be adopted, and that an annual report be supplied to the Mayor and Council. The motion failed for lack of a second. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 93-384 was adopted by the following vote: Ayes: Council Members Curlin, Hernandez, Pope-Ludlam, Miller. Nays: Council Members Negrete, Oberhelman, Devlin. Absent: None. PUBLIC HEARING - PROPERTY ACQUISITION - NORTH SIDE OF 40TH STREET - WEST OF ACRE LANE (26) This is the time and place set for a public hearing for acquisition of property located along the north side of 40th street, west of Acre Lane. In a memorandum dated September 14, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that on November 11, 1989, Resolution No. 91-464 was adopted authorizing the execution of an agreement with the County of San Bernardino for the acquisition of right-of-way along 40th Street, from 3rd Avenue to Acre Lane. Portions of which are under both city and County jurisdiction. On April 24, 1992, Resolution No. 92-145 was adopted rescinding Resolution No. 91-464 and authorizing the execution of an amended agreement. On October 19, 1992, Resolution No. 92-403 was adopted, determining the fair market value for the proposed acquisition of portions of four parcels on the north side of 40th Street, west of Acre Lane. On December 21, 1992, Resolution No. 92-471 was adopted amending the fair market values to reflect a reduction for the property located on the northwest corner of 40th Street and Acre Lane. The city has negotiated acquisition of two of the parcels, however; the remaining two owners are unwilling to settle. Consequently, eminent domain proceedings are required to complete the acquisition. Mayor Minor opened the hearing. 15 10/4/93 Roger Hardgrave, Director provided a synopsis of the improvement of 40th street. of Public Works/City Engineer, action taken relative to the DEPUTY CITY ATTORNEY EMPENO RETURNED At 11:29 a.m., Deputy city Attorney Empeno returned to the Council meeting and replaced Deputy city Attorney Roth. RES. 93-385 - RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRES THE ACQUISITION OF CERTAIN REAL PROPERTY IN FEE FOR PUBLIC PURPOSES AND ALL USES APPURTENANT THERETO ALONG THE NORTH SIDE OF 40TH STREET, WEST OF ACRE LANE. (26) Council Member Hernandez made a motion, seconded by Council Member Curlin, that the hearing allowing owners of property located on 40th Street, west of Acre Lane, the opportunity to appear and be heard relative to eminent domain proceedings, be closed; and that said resolution be adopted. The motion carried and Resolution No. 93-385 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RECESS MEETING At 11:30 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 11:37 a.m., Mayor Minor reconvened the 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 Minor; council Members Negrete, curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Deputy city Attorney Empeno; City Clerk Rachel Clark. Absent: City Administrator Shauna Clark. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:37 a.m., Chairman Minor called the regular meeting of the Community Development commission to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. CHANGE ORDER NO. 7 - MILL COMMUNITY CENTER IMPROVEMENTS - PLAN NO. 8890 - KIRKLEY DEVELOPMENT (R-3) 16 10/4/93 In a memorandum dated September 28, 1993, Roger Hardgrave, Director of Public Works/city Engineer, stated that a contract had been awarded for improvements to several community centers, which included the Mill Community Center. An amount of $14,760 was approved in the 1993/94 Community Development Block Grant Program for installation of a new floor for the gym, and on September 20, 1993, an additional $5,000 was allocated for said project. In order to expedite the installation of the new floor, Kirkley Development provided a price quote of $18,865. A second quote was solicited for price comparison and was 25 percent higher. It has been determined that the $18,865 price is fair and reasonable. Council Member Pope-Ludlam made a motion, seconded by Council Member Curlin, and unanimously carried, that Change Order No. Seven to the contract with Kirkley Development, Inc., for improvements to the Mill community Center, in accordance with Plan No. 8890, be approved to authorize installment of a rubberized flooring system in the gym area, at an increase in the contract price of $18,865, from $623,351.75 to $642,216.75. RES. 93-386 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HOME OF NEIGHBORLY SERVICES. (R-6) Council Member Pope-Ludlam made a motion, seconded by Council Member curlin, that said resolution be adopted. Resolution No. 93-386 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. CONSTRUCT LANDSCAPE MEDIAN TRAFFIC DIVERTERS - NEWCOMB STREET, MCKINLEY & DUMBARTON AVENUES - BETWEEN 20TH STREET & HIGHLAND AVENUE - PUBLIC WORKS PROJECT NO. 93- 04 ADOPT NEGATIVE DECLARATION FINDING OF CONSISTENCY - CIRCULATION ELEMENT - GENERAL PLAN (R-4) In a memorandum dated September 28, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that on August 26, 1993, the Environmental Review Committee recommended adoption of the negative declaration for Public Works Project No. 93-04. A 21-day public review period was provided on September 2-22, 1993, and no public comments were received. Ken Henderson, Executive Director, Development Department, Economic Development Agency; answered questions relative to the negative declaration for Public Works Project No. 93-04. 17 10/4/93 council Member Miller made a motion, seconded by Council Member Oberhelman, that the negative declaration for Public Works Project No. 93-04, construction of landscape medians, 90 degree parking and traffic diverters in Newcomb street, McKinley Avenue and Dumbarton Avenue, between 20th street and Highland Avenue, be adopted; and that a finding be made that Public Works Project No. 93-04 is consistent with the circulation element of the General Plan. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Abstain: Council Member Hernandez. Absent: None. RECESS MEETING At 12:11 p.m., the regular meeting of the Mayor and Common Council recessed to 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. RECONVENE MEETING At 2:03 p.m., Mayor Minor 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 Rachel Clark with the following being present: Mayor Minor, Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller; Deputy City Attorney Empeno; city Clerk Rachel Clark. Absent: Council Member Pope-Ludlam, City Administrator Shauna Clark. ANNOUNCEMENT - COUNCIL MEMBER CURLIN (20) Council Member Curlin stated that a meeting would October 6, 1993 at 6:30 p.m. at Lincoln Elementary discuss city services, code enforcement and crime within the city. be held on School to and gangs COUNCIL MEMBER At 2:04 p.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the APPEAL - PLANNING COMMISSION'S DENIAL - TENTATIVE TRACT NO. 14473 CONDITIONAL USE PERMIT NO. 92-16- TENTATIVE TRACT NO. 14949 (EXTENSION OF TIME) - NORTH SIDE FUTURE VERDEMONT DRIVE BONADIMAN ENGINEERS- CONTINUED FROM AUGUST 2, 1993 (34) This is the time and place continued for an appeal of the Planning commission's denial of Tentative Tract No. 14473, Conditional Use Permit No. 92-16 and Tentative Tract No. 14949 for an extension of time pertaining to the development of property located on the north side of future Verdemont Drive, 18 10/4/93 approximately 200 feet east/southeast of the termination of Magnolia Avenue. In a memorandum dated September 20, 1993, Al Boughey, Director of Planning & Building Services, stated that on August 2, 1993, said item was continued to allow the applicant time to meet with adjacent property owners, to work out the final details of the access for the tracts and to prepare the necessary revisions to the maps. Mayor Minor opened the hearing. Al Boughey, Director of Planning & Building provided a synopsis of the action taken relative to Tract No. 14473, Conditional Use Permit No. 92-16 and Tract No. 14949 for an extension of time. Services Tentative Tentative Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the hearing be closed; and that the Mayor and Common Council uphold the appeal and approve the extension of time for Tentative Tract No. 14949 until February 4, 1994, based on the attached findings of fact and subject to the attached conditions of approval made part of the Staff Report dated September 20, 1993; and that Tentative Tract No. 14473 and Conditional Use Permit No. 92-16 be referred back to the Development Review Committee and Planning commission for review and final action. RECONSIDER - INITIATION OF A DEVELOPMENT CODE AMENDMENT - OFF SITE ABC LICENSE REQUIREMENTS COUNCIL MEMBER HERNANDEZ - DISCUSSED EARLIER IN THE MEETING - SEE PAGE 12 (31) This is the time and place continued from earlier in the meeting for reconsidering the initiation of a development code amendment pertaining to off-site Alcoholic Beverage Control (ABC) license requirements. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that the reconsideration of a development code amendment pertaining to offsite ABC license requirements be approved. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Pope-Ludlam. Nays: Members Oberhelman, Devlin, Miller. Absent: None. Council Council Phil Rios, resident of Bloomington, CA, expressed support for the approval of Conditional Use Permit No. 93-01, to allow for the off-site sale of hard liquor at 484 South Rancho Avenue. 19 10/4/93 Eddie Robin, 1043 South San Antonio Drive, Colton, CA, expressed support for the approval of Conditional Use Permit No. 93-01, and urged the Council to reconsider the initiation of a development code amendment pertaining to off-site Alcoholic Beverage Control (ABC) license requirements. Deputy City Attorney Empeno reminded the Council that discussion could only be held relative to the reconsideration of initiating a development code amendment pertaining to off-site ABC license requirements, and discussion relative to Conditional Use Permit No. 93-01 would have to be postponed until the hearing had received its proper notification. Discussion development code requirements. ensued relative to the initiation of a amendment pertaining to off-site ABC license Al answered approval process. Boughey, Director of Planning & Building Services, questions relative to the conditions surrounding the of Conditional Use Permit No. 93-01 and the application A discussion was held relative to the direct correlation of liquor and crime within a given area, and the initiation of the proposed development code amendment. Council Member Hernandez made a motion, seconded by Council Member Negrete, that staff be directed to develop a General Plan Amendment/Development Code Amendment to allow the sale of alcohol at convenience stores within certain conditions related to the borders of the city. (Note: There was no vote taken at this time. ) Eddie Robin offered to pay the necessary fees for the amendment to the Development Code. Deputy city Attorney Empeno cautioned the Council to the difficulty of differentiating borders adjacent jurisdictions, and recommended the denial of the development code amendment. relative to other proposed Discussion ensued relative to the legal basis for the denial of the proposed development code amendment. council Member Curlin made a substitute motion development code amendment developed by Planning & Services be subject to the City Attorney's approval. that the Building council Member Hernandez stated that he would second the substitute motion with the amendment that the development code amendment be subject to legal requirements of the law. 20 10/4/93 A discussion was held relative to the substitute motion. council Member Hernandez made a motion, seconded by Council Member Curlin, and unanimously carried, that the City Attorney be directed to prepare a legal opinion as to whether or not the Director of Planning & Building Services could initiate a development code amendment; and that said item be continued to November 1, 1993, in the Council Chambers of city Hall, 300 North "D" street, San Bernardino, California. RECONSIDER - APPEAL OF PLANNING COMMISSION'S DENIAL- CONDITIONAL USE PERMIT NO. 93-01 - CONVENIENCE MARKET- 484 SOUTH RANCHO AVENUE - COUNCIL MEMBER HERNANDEZ- DISCUSSED EARLIER IN THE MEETING - SEE PAGE 12 (32) This is the time and place continued from earlier in the meeting to reconsider the Mayor and Council's denial of an appeal of the Planning commission's denial of Conditional Use Permit No. 93-01, to allow the off-site sale of hard liquor at 484 South Rancho Avenue. Council Member Hernandez made a motion, seconded by Council Member Negrete, and unanimously carried, that the matter be continued to November 1, 1993, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 2:50 p.m., Chairman Minor called the regular meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. At this time, the Mayor and Common Community Development Commission, took Development Commission items. Council, action acting as the on community 21 10/4/93 ADJOURNMENT (35) At 4: 20 p. m., the regular meeting of the Mayor and Common Council adjourned. The next meeting will be held on Monday, October 18, 1993, at 8:00 a.m., in the Council Chambers of city Hall, 300 North "0" street, San Bernardino, California. RACHEL CLARK city Clerk o , '" By -, ,Jh:} suza a Cordova Dep ty City Clerk No. of Items: 53 No. of Hours: 6.5 22 10/4/93