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HomeMy WebLinkAbout02-03-1992 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING FEBRUARY 3, 1992 COUNCIL CHAMBERS The regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 8:32 a.m., Monday, February 3, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor, Miller; City Clerk Krasney, City Administrator Clark. Absent: Council Member Estrada, Pope-Ludlam; City Attorney Penman. RECESS MEETING - CLOSED SESSION (1) At 8:32 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: a. to give instruction to the City's/Commission's negotiator on the purchase of property pursuant to Government Code Section 54956.8. The real property which the negotiations concern is generally located at: ; b. to consider personnel matters pursuant to Government Code Section 54957; c. to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6; d. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities pursuant to Government Code Section 54957; e. to confer with the li tigation pursuant to 54956.9(b)(1), as there litigation; attorney regarding pending Government Code Section is significant exposure to 1 2/3/92 f. to confer with the attorney regarding li tigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending Section decide g. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section 54956.9(a) as follows: Citv of San Bernardino vs. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239193; Stubblefield Construction Companv. et al vs. City of San Bernardino. et al - San Bernardino Superior Court Case No. 242998; San Bernardino Superior Court Case No. 252058; Citv of Redlands vs. Inland Valley Development Aoencv. et al - San Bernardino Superior Court Case No. 255222; Countv vs. Citv of San Bernardino (ROA) - San Bernardino Superior Court Case No. 258241; Citv of Indians. 6899 WJR San Bernardino vs. San Manuel Band of et al - United States District Court - Case (Bx); Mission No. 85- Saab vs. Citv of San Bernardino - Fourth District Court of Appeals Case No. E008652; Citv of San Bernardino vs. Libertv Cable T.V.. et al- United States District Court Case No. 82-6876 WMB; Citv of San Bernardino vs. County of San Bernardino. et al- Riverside Superior Court Case No. 207900; Hesterlev vs. City of San Bernardino Superior Court Case No. 260468; San Bernardino Tomas Armendariz. et al vs. James F. Penman. et al - United States District Court Case No. 91-5757 CMB (WRx); Matthew Hobbs vs. Citv of San Bernardino. et al San Bernardino Superior Court - Case No. 250971; Citv of San Bernardino vs. Oominouez Bankruptcy Court - LA 88-01375 - WL. CLOSED SESSION At 8:34 a.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. United States 2 2/3/92 ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor, Miller; Sr. Assistant City Attorney Barlow, City Clerk Krasney. Absent: Council Members Estrada, Pope-Ludlam; City Administrator Clark. READING OF RESOLUTIONS AND ORDINANCES Deputy City Clerk Jones read the titles of resolutions and ordinances on the regular, supplemental, to supplemental, and Community Development Commission while the Council was in closed session. all the addendum agendas CITY ATTORNEY PENMAN ARRIVED At 8:40 a.m., City Attorney Penman arrived at the closed session. COUNCIL MEMBER At 8:41 a.m., closed session. POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the COUNCIL MEMBER ESTRADA ARRIVED At 8:48 a.m., Council Member Estrada arrived at the closed session. J. LORRAINE VELARDE ARRIVED At 8:50 a.m., J. Lorraine Velarde, Executive Assistant to the Mayor, arrived at the closed session. BARBARA DILLON ARRIVED At 8:50 a.m., Barbara Dillon, Personnel Director, arrived at the closed session. ADJOURN CLOSED SESSION At 9: 10 a.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 9:30 a.m., Mayor Holcomb called the regular meeting to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Holcomb; Council Members Reilly, Hernandez, Maudsley, Miller; City Attorney Penman, City Clerk Krasney, Administrator Clark. Absent: Council Members Estrada, Ludlam. Mayor Minor, City Pope- 3 2/3/92 INVOCATION The invocation was given by Captain Hal Hads of the Salvation Army. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Hernandez. COUNCIL MEMBER ESTRADA ARRIVED At 9:32 a.m., Council Member Estrada arrived at the Council meeting and took her place at the council table. COUNCIL MEMBER At 9:33 a.m., Council meeting and POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived took her place at the council table. at the ANNOUNCEMENT BY COUNCIL MEMBER HERNANDEZ (2) Council Member Hernandez urged the Council to give higher priority to eliminating homelessness in the City. He stated that for six or seven months he has been trying to encourage staff to establish a program to assist families living in the parks. PUBLIC COMMENTS - MAXINE KRAFT (3) Maxine Kraft, a resident of the Seventh Ward, City of San Bernardino, thanked the Mayor and Council members for allowing the public to give input in the discussions regarding the City'S budget. She also thanked The Sun news reporter for publishing articles in the paper informing the public of the budget hearings. Mrs. Kraft requested that since there has been no public input into the Charter amendments, she proposed that a televised public forum be held to explain in layman's terms the proposed amendments to the City's Charter which will be placed on the June 2, 1992 ballot. Mrs. Kraft submitted to the City Clerk a copy of her proposal outlining procedures for the forum, rules for conducting the forum and a listing of proposed forum committee members. The proposed forum committee would be comprised of Russell Lackner, City Clerk Rachel Krasney, and Council Members Norine Miller, and Tom Minor, and a member of the public appointed by the Chairman of the committee. PUBLIC COMMENTS - SUPERVISOR BARBARA RIORDAN (3) Mayor Holcomb stated that March 1992 is Alcohol Awareness Month in the State of California. He presented statistics regarding alcohol-related accidents in the State of California during 1990. Mayor Holcomb introduced Supervisor Barbara Riordan and Judy Lutz. 4 2/3/92 Judy Lutz, Drinking Driver Program Bernardino County, presented statistics on school students who drink alcohol. Analyst for San the number of high Ms. Lutz stated that over 70% of the population in San Bernardino County drink alcoholic beverages. Alcohol is America's number one drug problem among youth. She stated that in 1990 law enforcement agencies in California arrested a record high 366,000 impaired drivers. In San Bernardino County alone, over 9,000 residents enrolled in drunk driver programs. Ms. Lutz urged the citizens of San Bernardino to take an active role in promoting alcohol-free activities for youth and make a commitment to be a positive role model for others. Ms. Lutz stated that an alcohol awareness celebration will be held April 3, 1992 and the theme will be "Be All You Can Be Alcohol Free". The keynote speaker will be the Honorable Patrick Morris, Superior Court Judge for the County of San Bernardino. Supervisor Barbara Riordan, Third District, County of San Bernardino, read an essay written by Robbie Madrigal, a student of the City of Rialto, whose essay won the alcohol awareness contest last year. The essay described a personal experience in which his mother was killed in an alcohol-related auto accident. COMMENDATION - SHAUNA CLARK (4) Mayor Holcomb read City Administrator, for community in balancing 1991/92. a resolution commending Shauna Clark, her outstanding contributions to the the Mid-Year Budget for Fiscal Year Shauna Clark accepted the resolution. APPOINTMENT - COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE - SUSAN DIANE CERVANTEZ (4) In a memorandum dated January 21, 1992, Mayor "Bob" Holcomb recommended the appointment of Susan Diane Cervantez, 316 W. 18th Street, San Bernardino, CA, to the Community Development Citizens Advisory Committee, as requested by Council Member Reilly, Second Ward. Council Member Minor made Member Maudsley, and unanimously Susan Diane Cervantez to the Advisory Committee, be approved. a motion, seconded by Council carried, that the appointment of Community Development Citizens 5 2/3/92 APPOINTMENT - CENTRAL CITY PARKING PLACE COMMISSION - BENJAMIN DOMINGUEZ (4) In a memorandum dated January 21, 1992, Mayor "Bob" Holcomb recommended the appointment of Benjamin Dominguez, 665 North 4th Street, Colton, CA, to the Central City Parking Place Commission, as requested by Council Member Hernandez. Council Member Minor made a motion, seconded by Council Member Maudsley, and unanimously carried, that the appointment of Benjamin Dominguez to the Central City Parking Place Commission, be approved. COUNCIL MEMBER MINOR EXCUSED Council Member Minor left the Council meeting. REQUEST FOR FUNDING ASSISTANCE - BLACK HISTORY MONTH (S-l) Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, to consider supplemental agenda item S-l, prior to approving the consent calendar. In a memorandum dated January 27, 1992, Fred Wilson, Assistant City Administrator, reported that the Black Culture Foundation has requested funding assistance from the City in the amount of $7,000 from the Civic and Promotional fund to help defray costs for activities associated with Black History Month. The Ways and Means Committee reviewed the request on January 29, 1992, and recommended it be heard by the Mayor and Council. COUNCIL MEMBER MINOR RETURNED Council Member Minor returned to the Council meeting and took his place at the council table. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, that $7,000 be allocated from the Civic and Promotion fund to assist the Black Culture Foundation in defraying costs associated with Black History Month. The Members Miller. motion carried by the following vote: Ayes: Council Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam, Nays: Council Member Minor. Absent: None. WAIVE FURTHER READING OF RESOLUTIONS AND ORDINANCES (5) Council Member Estrada made a motion, seconded by Council Member Hernandez, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental, addendum supplemental and Community Development Commission agendas, be waived. 6 2/3/92 COUNCIL MINUTES (6) Council Member Estrada made a motion, seconded by Council Member Hernandez, and unanimously carried, that the minutes of the following meeting of the Mayor and Common Council of the City of San Bernardino, be approved as submitted in typewritten form: December 9, 1991. OUT-OF-STATE TRAVEL 1992 NATIONAL VOLUNTEER CONFERENCE IN CHICAGO, ILLINOIS - BETTY LEWISON (7) In a memorandum dated January 15, 1992, Annie F. Ramos, Director of Parks, Recreation and Community Services, requested authorization for Betty Lewison, Senior Companion Program Coordinator, to travel out of state to Chicago, Illinois, June 21 through 25, 1992, to attend the 1992 National Volunteer Conference. Council Member Estrada made a motion, seconded by Council Member Hernandez, and unanimously carried, that Betty Lewison, Senior Companion Program Coordinator, be authorized out-of-state travel during the period June 21 through 25, 1992, to attend the 1992 National Volunteer Conference in Chicago, Illinois. FINANCE DEPARTMENT REORGANIZATION (8) In a memorandum dated January 22, 1992, Barbara Dillon, Personnel Director, requested authorization to reorganize and establish a new position of Accounting Technician in the Finance Department. Council Member Estrada made a motion, seconded by Council Member Hernandez, and unanimously carried, to downgrade the position of Assistant City Treasurer, Range 4352, ($2,567- $3,121/month) to position of Administrative Operations Supervisor, Range 3335, ($2,358 - $2,867/month). Council Member Estrada made a motion, seconded by Council Member Hernandez, and unanimously carried, to establish a new position of Accounting Technician, Range 1322, ($2,211- $2 , 688/month) . Council Member Estrada made a Member Hernandez, and unanimously Department update Resolution 6413, 6433. motion, carried, Section seconded by Council that the Personnel 10, and Resolution 7 2/3/92 SET PUBLIC HEARING INFRASTRUCTURE FEE INCREASE VERDEMONT AREA (9) In a memorandum dated January 8, 1992, Roger G. Hardgrave, Director of Public Works/City Engineer, requested authorization to set a public hearing February 17, 1992, at 10:00 a.m., in the Council Chambers, to consider increasing the Verdemont Area Infrastructure Fee from $6,976 to $7,699. Council Member Estrada made a motion, seconded by Council Member Hernandez, and unanimously carried, that a public hearing be set at 10:00 a.m., for the regularly scheduled Council meeting of February 17, 1992, to consider increasing the Verdemont Area Infrastructure Fee from $6,976 to $7,699. CHANGE ORDER NO. ONE AREA IRVINGTON AVENUES - AAA PAVING - STREET AVENUE, COMPANY IMPROVEMENTS IN VERDEMONT BETWEEN PALM AND OLIVE (10) In a memorandum dated January 22, 1992, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that due to the existence of 23 eucalyptus trees, approximately 600 feet of curb, gutter and pavement widening were not included in the plans for construction of improvements along the northerly side of Irvington Avenue, between Palm and Olive Avenues. The residents within this area have now voiced their desire to have the trees removed and roadway improvements completed. The total estimated cost to complete the roadway improvements is $22,052.32. Council Member Estrada made a motion, seconded by Council Member Hernandez, and unanimously carried, that Change Order No. One to the contract with AAA Paving Company, for various street improvements in the Verdemont area, in accordance with Plan No. 8420, be approved; increasing the contract price by $22,052.32, from $266,624.88 to $288,677.20. CONSTRUCTION OF RESTROOM/STORAGE BUILDINGS - AL GUHIN PARK AND SECCOMBE LAKE PARK - APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS (11) In a memorandum dated January 14, 1992, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that plans for construction of restroom/storage buildings at Al Guhin Park and Seccombe Lake Park have been prepared and the project is ready to be advertised for bids. The total estimated project cost is $296,000. Council Member Estrada made a motion, seconded by Council Member Hernandez, and unanimously carried, that the plans for construction of restroom/storage buildings at Al Guhin Park, in accordance with Plan No. 8644, and Seccombe Lake Park, in 8 2/3/92 accordance with Plan No. 8660, be approved; and that the Director of Public works/City Engineer be authorized to advertise for bids. CLAIMS AND PAYROLL (12 ) Council Member Estrada made a motion, seconded by Council Member Hernandez, and unanimously carried, that the claims and payroll, and the authorization to issue warrants, as listed on the memorandum dated January 14, 1992 from the Director of Finance, be approved. PERSONNEL ACTIONS (13) Council Member Estrada made a motion, seconded by Council Member Hernandez, and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated January 23, 1992 in accordance with all administrative regulations of the City of San Bernardino, be approved. RES. 92-28 - RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES (ABANDONED VEHICLES) ON SAID PROPERTIES. (14) RES. 92-29 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH WESTERN NURSE SPECIALISTS, INC., TO PROVIDE EVIDENCE COLLECTION FROM RAPE VICTIMS FOR THE SAN BERNARDINO POLICE DEPARTMENT. (15) RES. 92-30 - 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. (16) RES. 92-31 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF PORTIONS OF A "PAPER" STREET AND THE REMAINDER OF THE EAST/WEST ALLEY LYING SOUTH OF HIGHLAND AVENUE AND WEST OF VALARIA DRIVE, AND RESERVING AN EASEMENT FOR PUBLIC UTILITIES THEREIN. (17) RES. 92-32 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SPARVAN ENGINEERS RELATING TO THE PROVISION OF PROFESSIONAL ENGINEERING DESIGN SERVICES FOR SECURITY LIGHTING FOR OELMANN HEIGHTS COMMUNITY CENTER. (18) 9 2/3/92 RES. 92-33 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT AND CITY OF HIGHLAND RELATING TO UPDATE OF COMPREHENSIVE STORM DRAIN MASTER PLAN NO.6. (19) RES. 92-34 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 8234 ENTITLED, IN PART, "A RESOLUTION. .ESTABLISHING PARKING TIME LIMITATIONS UPON CERTAIN DESIGNATED STREETS OR ALLEYS, OR PORTIONS THEREOF. . .;" AND AUTHORIZING THE IMPLEMENTATION OF A TWO-HOUR PARKING LIMITATION ON MOUNTAIN VIEW AVENUE, BETWEEN 108 FEET NORTH OF THE NORTH LINE OF HIGHLAND AVENUE AND 142 FEET NORTH OF THE NORTH LINE OF HIGHLAND AVENUE, APPLICABLE TO THE EAST SIDE ONLY. (20) RES. 92-35 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF ASSESSMENT DISTRICT NO. 952 LOCATED IN THE STATE COLLEGE AREA BY EXPANDING THE SCOPE THEREOF TO INCLUDE THE MAINTENANCE OF LANDSCAPING OF ADDITIONAL TERRITORY IN THE DISTRICT; CREATING A SUB-ZONE TO BE ASSESSED THE COST OF SAID MAINTENANCE; DECLARING ITS INTENTION TO PROCEED TO ORDER THE AMENDMENT AND EXPANSION OF SCOPE OF THE DISTRICT; AND WAIVING NOTICE AND HEARING. (22) RES. 92-36 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JOHN EGAN AND ASSOCIATES, INC. RELATING TO THE PROVISION OF PROFESSIONAL ENGINEERING DESIGN SERVICES FOR CAJON BOULEVARD SEWER TRUNK EXTENSION, FROM CABLE CREEK CHANNEL TO LITTLE LEAGUE DRIVE. (23) RES. 92-37 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BSI CONSULTANTS, INC. RELATING TO THE PROVISION OF PROFESSIONAL ENGINEERING DESIGN SERVICES FOR UPGRADE OF SECURITY LIGHTING IN PERRIS HILL, WILDWOOD, LYTLE CREEK AND NICHOLSON PARKS.. (24) RES. 92-38 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE OF A QUITCLAIM DEED FROM GEORGE WIXEN AND GUDDIE B. WIXEN, TRUSTEES, FOR PROPERTY LOCATED ON THE WEST SIDE OF WALKINSHAW STREET, NORTH OF VALLEY STREET. (25) RES. 92-39 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF THE NORTH/SOUTH ALLEY LYING WEST OF "E" STREET, BETWEEN 14TH STREET AND MAGNOLIA AVENUE, AND RESERVING EASEMENTS FOR PUBLIC UTILITIES THEREIN. (26) 10 2/3/92 RES. 92-40 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF THE NORTH/SOUTH ALLEY LYING WEST OF "E" STREET, BETWEEN MAGNOLIA AVENUE AND EVANS STREET AND RESERVING EASEMENTS FOR PUBLIC UTILITIES THEREIN. (27) RES. 92-41 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO GRANTING AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY TO CONSTRUCT AND MAINTAIN ELECTRIC SERVICE AT THE WATER DEPARTMENT'S 40TH STREET AND VALENCIA AVENUE DOMESTIC WATER WELL. (28) Council Member Estrada made a motion, seconded by Council Member Hernandez, that said resolutions be adopted. Resolution Nos. 92-28, 92-29, 92-30, 92-31, 92-32, 92-33, 92-34, 92-35, 92-36, 92-37, 92-38, 92-39, 92-40, and 92-41 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 92-42 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH URS CONSULTANTS, INC. RELATING TO THE PROVISION OF PROFESSIONAL ENGINEERING DESIGN SERVICES FOR SEWER IN REDLANOS BOULEVARD, FROM 800 FEET EAST OF HUNTS LANE TO 300 FEET EAST OF GARDENA STREET. (21) Council Member Hernandez made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 92-42 was adopted Ayes: Council Members Estrada, Reilly, Ludlam, Miller. Nays: None. Abstain: Absent: None. by the following vote: Hernandez, Minor, Pope- Council Member Maudsley. RES. 92-43 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL, CITY OF SAN BERNARDINO, DECLARING THE NECESSITY OF THE TAKING, IN FEE SIMPLE ABSOLUTE, LOTS 224, 225 AND 226 OF TRACT 2258, MAP BOOK 32, PAGES 72- 77 OF THE SAN BERNARDINO COUNTY RECORDS, FOR THE PUBLIC USE OF A WATER STORAGE RESERVOIR AND PUMPING FACILITY. (29) Discussion ensued regarding whether the proposed property would be acquired through the eminent domain process. Council Member Hernandez made a motion, seconded by Council Member Reilly, that said resolution be adopted. 11 2/3/92 Resolution No. 92-43 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. ORD. MC-819 AN ORDINANCE OF THE CITY BERNARDINO REPEALING SUBSECTION 8.90.050B.2 OF BERNARDINO MUNICIPAL CODE RELATING TO ALLOWED RATE INCREASES UPON THE SALE OF MOBILE HOMES IN HOME PARKS. Final OF SAN THE SAN RENTAL MOBILE (30) Discussion ensued regarding justification for decontrolling mobile home parks. Council Member Reilly made a motion, seconded by Council Member Minor, that said ordinance be adopted. Ordinance MC-819 was adopted by the following Council Members Estrada, Reilly, Maudsley, Minor, Miller. Nays: Council Member Hernandez. Absent: vote: Ayes: Pope-Ludlam, None. IMPASSE HEARING - POLICE SAFETY EMPLOYEES (31) This is the time and place set for an impasse hearing for Police Safety Employees. In a memorandum dated January 24, 1992, Barbara Dillon, Personnel Director, stated that on November 30, 1991, the contract with the Police Safety Employees expired. Their previous contract was for a three-year period, 1988-1991. Mayor Holcomb opened the hearing. Barbara Dillon, Director of Personnel, gave background information concerning negotiations with the Police Safety employees and discussed the key issues in dispute. Mrs. Dillon also described the additional benefits offered by the City's negotiating team. Robert Krause, Attorney at Law, representing the Police Safety Employees, voiced concern that there is an identifiable source of revenue to meet the proposal of the Police Officers' Association. Mr. Krause stated that the Street Sweeping and Street Lighting Assessment District was created to provide funds to recruit and retain police officers in the City of San Bernardino. City Attorney Penman explained that the assessment district monies provided for street lighting and street-sweeping services and that any monies freed up in the General Fund would be designated for recruitment and retention of police officers. 12 2/3/92 Steve Filson, President, San Bernardino Police Officers' Association, requested approval of the benefit package presented by the Police Officers' Association. He felt that the package presented to the Council was fair and equitable and would not impact the City's General Fund, since there is an identifiable source of revenue established through the Street Lighting and Street Sweeping Assessment District. Mr. Filson stated that in the 1990/91 Assessment District Budget, there was a surplus of approximately $1,240,000 generated from the non-hiring of authorized personnel in the Police Department. Also, the 1990/91 Assessment District budget allocated approximately $500,000 for the purchase of computer hardware. Mr. Filson stated that the purchase of the computer hardware (MDT's) would not enhance the department's enforcement capabilities, but felt that the $500,000 allocation and the surplus 1990/91 assessment district funds should be targeted to enhance the Police Officers' Association benefit package. Steve Filson benefit proposal Association. answered questions was submitted regarding when the City's to the Police Officers Discussion ensued regarding whether the 1990/91 $500,000 allocation was to be a yearly expenditure throughout the term of the assessment district. It was pointed out that the Street Sweeping and Street Lighting Assessment District contained a sunset clause which terminates in three years. Barbara Dillon answered questions regarding benefits for captains, lieutenants and sergeants Bernardino Police Department. salaries in the and San City Administrator Clark answered questions regarding what percentage of the City's budget is allocated for police salaries and benefits. Jim Keesling, a San Bernardino City Police Officer, voiced concern regarding recruitment and retention of police officers in the City. He stated that police officers are leaving the department because of the benefit package. He felt that the City must be able to compete with other cities to attract quality police officers. Tom Holcombe, a San Bernardino City Police Officer, spoke of the growth and decline in the City. He requested that the City compensate the police officers for what they are worth and that the City consider the Police Officers' Association proposal. Council Member Pope-Ludlam made Council Member Estrada, and unanimously hearing be closed. a motion, seconded by carried, that the impasse 13 2/3/92 At the consensus of the Council, the impasse hearing was continued until the afternoon session to be discussed in closed session. (See page 30) MAYOR HOLCOMB EXCUSED Mayor Holcomb announced he had urgent business to attend and requested that Mayor Pro Tempore Pope-Ludlam assume the duties of Mayor. RECESS MEETING At 11:10 a.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 11:19 a.m., the 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 with the following being present: Mayor Pro Tempore Pope-Ludlam; Council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam; Sr. Assistant City Attorney Barlow, City Clerk Krasney, City Administrator Clark. Absent: Mayor Holcomb; Council Members Estrada, Miller. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:20 a.m., the regular meeting of the Community Development Commission was called to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER MILLER RETURNED At 11:20 a.m., Council Member Miller returned to the Council meeting and took her place at the council table. RES. 92-44 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AUTHORIZING CERTAIN ACTIONS BY THE CITY OF SAN BERNARDINO IN PREPARATION FOR THE CITY HALL REFINANCING. (RS-4) Council Member Hernandez made a motion, seconded by Council Member Reilly, and unanimously carried, to discuss the matter relative to City Hall refinancing. COUNCIL MEMBER ESTRADA RETURNED At 11:21 a.m., Council Member Estrada returned to the Council meeting and took her place at the council table. Jim Iverson, Executive Vice-President, Miller & Schroeder Financial Inc., 505 Lomas Santa Fe Drive, Ste 100, Solana Beach, CA, explained the proposal to refinance City Hall, and outlined the debt service schedule which would allow the City to repay the principal amount of the note within the first five years. 14 2/3/92 Tim Sabo, Agency Counsel, explained the restraints of refinancing City Hall if the City held title to the building. Council Member Minor made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution Ayes: Council Miller. Nays: Member Hernandez. No. 92-44 was adopted by Members Estrada, Reilly, Council Member Maudsley. Absent: None. the following vote: Minor, Pope-Ludlam, Abstain: Council RES. 92-45 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, FINDING BENEFIT TO ITS VARIOUS REDEVELOPMENT PROJECT AREAS IN THE USE OF LOW AND MODERATE INCOME HOUSING FUNDS FOR THE PURPOSES OF SUBSIDIZING CERTAIN HOUSING COSTS ON BEHALF OF LOW AND MODERATE INCOME HOUSEHOLDS. (R-4) Council Member Hernandez made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 92-45 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. REQUEST FOR AUTHORITY TO IMPLEMENT AND EXECUTE CONTRACTS FOR DEMOLITION PROJECTS (R-3) In a memorandum dated January 28, 1992, Kenneth J. Henderson, Executive Director of the Development Department, requested authorization to implement any and all demolition projects, and to enter into and execute demolition contracts on behalf of the City of San Bernardino Economic Development Agency, Development Department. Discussion ensued regarding the exclusive control that one individual would have in executing demolition contracts. Council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that the matter be referred to the Redevelopment Agency Committee. RECESS MEETING - LUNCHEON WORKSHOP At 12:36 p.m., the regular meeting recessed to the luncheon workshop in the Management Information Center, MIC Room, Sixth Floor, City Hall. RECONVENE MEETING At 1:10 p.m., Mayor Holcomb called the luncheon workshop to order in the Management Information Center (MIC), Sixth Floor, City hall, 300 North "D" Street, San Bernardino, California. 15 2/3/92 ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: None. LUNCHEON WORKSHOP -INLAND EMPIRE NIGHTLY NEWS PROGRAM UPDATE (35 & R-7) Edwin Hardt of Creative Communications gave a report on the status of the Inland Empire nightly news program. He stated that a 24-hour news channel is being proposed for the Inland Empire area. The news program would cover local events and would provide advertisement spots for local businesses. Mr. Hardt answered source of data used in June, 1991 that was Associates, Inc. questions regarding the the preparation of "The prepared by Creative statistics and Report" dated Communications Lawrence Hebron, Arrowcom Corporation, urged the Council to review "The Report" very carefully. He expressed concern that other cable companies have not been contacted to participate in the nightly news program and stated that other options are available that are less expensive than what is proposed by Creative Communications Associates, Inc. Clare Collella, Interfaith Consortium and Diocese of San Bernardino, spoke in support of the 24-hour nightly news program. However, she felt that the Council should also consider providing religious programs on the nightly news program similar to those programs provided on Channel 3. Stephani L. Congdon, Vice-Chairperson, Community Television Commission, stated that the concept of having a 24-hour nightly news program has been considered for several years. She suggested that the matter be continued to allow a review of Mr. Lawrence's credentials. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. Discussion ensued regarding the City's financial condition in relation to funding the 24-hour nightly news program. Richard Bennecke, Chairman, Inland Empire 911 News Inc., spoke in support of the Inland Empire Nightly News program. Mayor Holcomb suggested that the matter relative to the Inland Empire Nightly News Program update be brought back the first meeting in March, 1992. (*Note: No vote was taken) 16 2/3/92 No action was taken. RECESS MEETING At 1:52 p.m., the luncheon workshop recessed to 2:00 p.m., in the Council Chambers of City Hall, 300 North "D." Street, San Bernardino, California. RECONVENE MEETING At 2:01 p.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. ROLL CALL Roll call was taken with Mayor Holcomb; Council Members Maudsley, Minor, Miller; City Krasney, City Administrator Clark. Ludlam. the following being present: Estrada, Reilly, Hernandez, Attorney Penman, City Clerk Absent: Council Member Pope- COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 2:01 p.m., Chairman Holcomb called the Community Development Commission to order in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. INLAND EMPIRE NIGHTLY NEWS PROGRAM UPDATE - DISCUSSED EARLIER IN THE MEETING. SEE PAGE 16 (35 & R-7) Mayor Holcomb announced that during the luncheon workshop, the Council heard an update relative to the Inland Empire nightly news program. He stated that the Council felt that due to the City's financial condition, funding for the nightly news program should be postponed. The Council maintained that funding the nightly news program was not a high priority item at this time and stressed the necessity of prioritizing the use of Economic Development Agency's funds. Mayor Holcomb stated that further debate on whether the City should proceed with the proposal of an Inland Empire Nightly News Program would be continued and brought back the first Council meeting in March, 1992. CITY ATTORNEY PENMAN EXCUSED City Attorney Penman left the Council meeting and was replaced by Sr. Assistant City Attorney Barlow. RES. 92-46 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, ON BEHALF OF THE DEVELOPMENT DEPARTMENT OF THE CITY, THE CITY OF SAN BERNARDINO, AND ARROWHEAD HEALTH CARE SYSTEM, INC. (RS-2A&B) 17 2/3/92 Council Member Hernandez made a motion, seconded by Council Member Reilly, and unanimously carried, that the Mayor and Common Council approve the attached agreement between the Development Department of the City of San Bernardino, the City of San Bernardino, and Arrowhead Health Care System, Inc., to guarantee all required improvements and the cost thereof for Parcel Map No. 11951; and that said resolution be adopted. Resolution Ayes: Council Minor, Miller. Ludlam. No. 92-46 was adopted by the following vote: Members Estrada, Reilly, Hernandez, Maudsley, Nays: None. Absent: Council Member Pope- SR. ASSISTANT CITY ATTORNEY BARLOW EXCUSED Sr. Assistant City Attorney Barlow left the Council meeting and was replaced by City Attorney Penman. APPEAL - PLANNING 91-06 - CONSTRUCT 777 W. 6TH STREET JANUARY 21, 1992 COMMISSION'S DENIAL OF VARIANCE NO. 65-FOOT POLE SIGN - SUPER 8 MOTEL, - C. JAMES FABIAN - CONTINUED FROM (36) This is the time and place continued to for an appeal of the Planning Commission's denial of Variance No. 91-06, requesting approval to construct a 65-foot tall pole sign with 85 square feet of sign area per face located at the Super 8 Motel, 777 W. Sixth Street. The appellant is C. James Fabian. In a memorandum dated January 27, 1992, Al Boughey, Director of Planning and Building Services, stated that on January 21, 1992, the Mayor and Council upheld the appeal on the Planning Commission's denial of Variance No. 91-06, approved the variance in concept, and referred the item back to staff to develop positive findings of fact and conditions of approval. In order to make positive findings, the approved sign must be consistent with General Plan Policy No. 1.45.6. which prohibit pole signs in the downtown area. Staff proposed a condition of approval to require a decorative pole cover to conceal the structural steel support of the sign, and that the applicant has agreed to comply with this condition. Mayor Holcomb the hearing. Al Boughey, Director, Planning Building and Services, presented background information contained in the staff report. John Jaquess, Consultant, Oak Creek Inns, 505 S. State College Blvd., Fullerton, CA, representing C. James Fabian, requested that the Mayor and Council approve Variance No. 91- 06. 18 2/3/92 Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the hearing be closed; and that the Mayor and Council uphold the appeal and approve Variance No. 91-06, subject to the attached findings of fact (Exhibit "A") and conditions of approval (Exhibit "B"). APPEAL - PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT NO. 91-28 AND VARIANCE NO. 91-08 - TO PERMIT THE SALE OF BEER AND WINE, CONSTRUCTION OF A CONVENIENCE STORE - 1255 W. BASELINE STREET - KENZIE L. WOOTEN - CONTINUED FROM JANUARY 21, 1992 (37) This is the time and place continued to for an appeal of Planning Commission's denial of Conditional Use Permit No. 91-28, and Variance No. 91-08, to permit the sale of beer and wine for off-site consumption, and to permit the construction of a convenience store on a minimum lot size located at 1255 W. Baseline Street. The appellant is Kenzie L. Wooten. In a memorandum dated January 9, 1992, Al Boughey, Director, Planning & Building Services, stated that on December 16, 1991, the Mayor and Council continued the appeal and directed staff to prepare alternative approaches other than code amendments, and return in thirty days with recommendations. At the Council meeting of January 21, 1992, the City Attorney was directed to return with a written legal opinion listing the options available to the Council. Mayor Holcomb opened the hearing. City Attorney Penman requested that this matter be continued to the Council meeting of March 2, 1992 to allow the Attorney's Office time to complete the written legal opinion. Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that the appeal of Planning Commission's denial of Conditional Use Permit No. 91-28 and Variance No. 91-08 be continued to March 2, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California; and that the hearing be readvertised. COUNCIL MEMBER At 2:30 p.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the 19 2/3/92 APPEAL - PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT NO. 91-39 TO CONSTRUCT A BILLBOARD - 700 BLOCK OF SOUTH "E" STREET GANNETT OUTDOOR ADVERTISING CO., INC. - CONTINUED FROM JANUARY 6, 1992 (38) This is the time and place continued to for an appeal of Planning Commission's denial of Conditional Use Permit No. 91- 39, to construct a billboard on the same site that a billboard was removed, to facilitate the construction of the "Silo" retail center located on the west side of the 700 block of South "E" Street, across from the Orange Show Fairgrounds. The appellant is Gannett Outdoor Advertising Co., Inc. In an undated memorandum, Al Boughey, Director Planning & Building Services, stated that on January 6, 1992, the Mayor and Council continued the appeal at the appellant's request and directed staff to pursue negotiations with the appellant for the removal of two billboards elsewhere in the City in exchange for the requested on-site replacement. Mayor Holcomb disqualified himself from participating in the Council meeting because of potential conflict of interest. Mayor Holcomb stated that he owns one share of stock in Gannett Outdoor Advertising. MAYOR HOLCOMB EXCUSED Mayor Holcomb left the Council meeting and Mayor Pro Tempore Pope-Ludlam assumed the duties of Mayor. Mayor Pro Tempore Pope-Ludlam opened the hearing. Ron Cipriani of Gannett Outdoor Advertising, 1731 Workman Street, Los Angeles, CA, stated that the proposed billboard is consistent with the Development Code. He felt that the condition to reduce the billboard in height and area from what was originally proposed would not provide the visibility needed for the retail center. However, he stated that Gannett Outdoor Advertising is willing to remove two other structures in the City in exchange for the on-site replacement. Discussion ensued regarding the location of the two billboards that would be removed in exchange for the on-site replacement. It was pointed out that the billboards to be removed are located on the south side of Fifth Street and on the south side of Fourth Street, east of Rancho Avenue, located within the boundaries of two different Council wards. It was suggested that a Council person meet with staff to discuss the billboard replacement issue. 20 2/3/92 Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that the appeal be referred back to staff with a Council person present to give direction; and that the matter be brought back on February 17, 1992. MAYOR HOLCOMB RETURNED Mayor Holcomb returned to the Council meeting and Council Member Pope-Ludlam took her place at the Council table. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez left the Council meeting. INITIATION OF DEVELOPMENT CODE AND OUTDOOR RECREATIONAL USES LAND USE DISTRICT AMENDMENT - ALLOW INDOOR IN CH, COMMERCIAL HEAVY (39) In a memorandum dated January 23, 1992, Al Boughey, Director Planning & Building Services, stated that when the Development Code was adopted in May 31, 1991, miscellaneous indoor and outdoor recreational uses were inadvertently left off the Table of Permissible uses in the Commercial Heavy designation. Due to this omission, the owner of the go-cart track, Pit Stop A-Go-Go, located at 2044 W. Foothill Blvd., was unable to intensify the use at the recreational facility. The owner wishes to introduce a video arcade indoors. In order to consider his request, a development code amendment is necessary to allow miscellaneous indoor and outdoor recreational facilities in the Commercial Heavy district. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that Planning staff be directed to prepare a Development Code amendment to allow miscellaneous indoor and outdoor recreational uses as permitted uses in the CH, Commercial Heavy, land use district. COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council meeting and took his place at the Council table. INITIATION OF DEVELOPMENT CODE AMENDMENT - CERTAIN CITY SPONSORED USES THROUGH A TEMPORARY USE PERMIT (40) In a memorandum dated January 23, 1992, Al Boughey, Director Planning & Building Services, recommended that the Development Code be amended to permit certain City-sponsored uses/activities in the downtown area through the Temporary Use Permit process. The Main Street Inc., had indicated that they are pursuing the establishment of a farmers market on a once-a-week basis in the downtown area. 21 2/3/92 Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that the Planning Division be directed to initiate a Development Code amendment to expand the uses permitted through a Temporary Use Permit. PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 91-21, DEVELOPMENT CODE AMENDMENT NO. 91-09 - A PROPOSAL TO CHANGE THE TEXT OF THE RU, RM, RMH AND RH -TO ESTABLISH LEGALLY EXISTING MULTI-FAMILY STRUCTURES AS CONFORMING AND PERMITTED USES (41) This is the time and place set for a public hearing on General Plan Amendment No. 91-21, a proposal to change the text of the RU, RM, RMH and RH to establish legally existing multi- family structures as conforming and permitted uses. In a memorandum dated January 15, 1992, Al Boughey, Director of Planning & Building Services, recommended the proposal to amend the text of the RU, Residential Urban, RM, Residential Medium, RMH, Residential Medium High and RH, Residential High land use designations to allow multi-family units which were legally established prior to the adoption of the Development Code on June 3, 1991, to remain as conforming permitted uses. The General Plan and the Development Code both require text changes to accommodate the proposal. RES. 92-47 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING AND APPROVING GENERAL PLAN AMENDMENT NO. 91-21 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (41) ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 19.04.010(2)(D. AND E.) AND 19.04.030(2)(L.- P.) AND TABLES 04.01 AND 04.03 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO ESTABLISH LEGALLY EXISTING MULTI-FAMILY STRUCTURES AS PERMITTED, CONFORMING USES IN THE RU, RESIDENTIAL URBAN, RM, RESIDENTIAL MEDIUM, RMH, RESIDENTIAL MEDIUM HIGH AND RH, RESIDENTIAL HIGH LAND USE DISTRICTS CITYWIDE AND TO ESTABLISH STANDARDS FOR ADDITIONS, ALTERATIONS AND EXPANSIONS TO SUCH STRUCTURES. First (41) Mayor Holcomb opened the hearing. Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the hearing be closed. Council Member Miller made a motion, seconded by Council Member Reilly, that the resolution be adopted; and that said ordinance be laid over for final adoption. 22 2/3/92 COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council meeting. Resolution Ayes: Council Ludlam. Nays: Member Miller. No. 92-47 was adopted by the following vote: Members Estrada, Reilly, Maudsley, Minor, Pope- Council Member Hernandez. Absent: Council PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 91-07 TO PERMIT INDOOR RETAIL CONCESSION MALLS IN CG-1, CG-2, CG-4, COMMERCIAL GENERAL AND CH, COMMERCIAL HEAVY LAND USE DISTRICTS CITYWIDE (42) This is the time and place set for a public hearing on Development Code Amendment No. 91-07, to permit indoor retail concession malls in the CG-1, CG-2, CG-4, Commercial General and CH, Commercial Heavy land use districts citywide. In a memorandum dated January 16, 1992, Al Boughey, Director Planning and Building Services, stated that the proposed amendment to the Development Code would allow indoor swap meets in the CG-1, CG-2, and CG-4, Commercial General and CH, Commercial Heavy land use designations and establish standards for their development. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 19.02.050, 19.06.020, TABLE 06.01(G), 19.06.030(1)(B), 19.06.030(2), AND 19.24.040 OF THE SAN BERNARDINO MUNICIPAL (DEVELOPMENT CODE) TO PERMIT INDOOR RETAIL CONCESSION MALLS IN THE COMMERCIAL GENERAL (CG-1, CG-2, CG-4) AND COMMERCIAL HEAVY (CH) LAND USE DISTRICTS CITYWIDE, AND TO PROVIDE STANDARDS BY WHICH THE USE MAY BE ESTABLISHED. First (42) Mayor Holcomb opened the hearing. Council Member Reilly made a motion, Member Estrada, and unanimously carried, closed. seconded by Council that the hearing be COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council meeting and took her place at the council table. Council Member Reilly Member Estrada, that said adoption. made a motion, seconded ordinance be laid over by Council for final Discussion ensued regarding restrictions placed on swap meets for control purposes. 23 2/3/92 The motion carried by the following vote: Members Estrada, Reilly, Maudsley, Pope-Ludlam, Council Members Hernandez, Minor. Absent: None. Ayes: Council Miller. Nays: PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 91-08 TO REVISE DEVELOPMENT CODE ROOM SIZE STANDARDS AND UNIT SIZE STANDARDS (43) This is the time and place set for a public hearing on Development Code Amendment No. 91-08 to revise the room size standards and unit size standards. In a memorandum dated January 14, 1992, Al Boughey, Director of Planning and Building Services, stated that the proposed Development Code amendment would delete the minimum residential room size standards in all land use districts and revise the minimum dwelling size standards for non-infill single family detached dwellings in the RE, Residential Estates, RL, Residential Low, RS, Residential Suburban and RU, Residential Urban land use districts citywide. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 19.04.030(2) (G) AND 19.04.030(2) (H) (1) (A) OF THE SAN BERNARDINO MUNICIPAL (DEVELOPMENT) CODE TO REVISE MINIMUM RESIDENTIAL ROOM SIZE STANDARDS FOR NON- INFILL SINGLE-FAMILY DETACHED DWELLINGS IN THE RESIDENTIAL ESTATES, (RE), RESIDENTIAL LOW, (RL), AND RESIDENTIAL SUBURBAN, (RS) AND RESIDENTIAL URBAN, (RU) LAND USE DISTRICTS CITYWIDE. First (43) Mayor Holcomb opened the hearing. Al Boughey, Director of Planning and Building Services, stated that on January 7, 1992, the Planning Commission recommended adoption of Development Code Amendment No. 91-08, but the motion failed due to a tie vote. An alternate motion to adopt the amendment, with an increase in the RL, Residential Low, standard to require 1500 square feet minimum units, failed for lack of a second. The Planning Commission then voted for the Mayor and Council to discuss the proposed revisions as submitted in the staff report. Planning Director Boughey suggested that this matter be continued to the second meeting in March 1992. Richard Nickem, 17715 Country Manor Lane, Riverside, CA, spoke in favor of Development Code Amendment No. 91-08. Mr. Nickem commended the planning staff for their efforts over the last six months in receiving input from the development community, builders, and the Building Industry Association (BIA). He stated that the key issue is that there is one standard for four different land use zones, RE, RL, RU, and RS 24 2/3/92 and to apply one standard to such a geographically, economically diverse group seems inconsistent with the Development Code. He stated that the problem with the 1700 square foot average for the entire home is that the RS and RU land use designations requirement is above what can actually be built and sold in those areas. He stated that a $170,000 - $200,000 home in the RS and RU zones could not be built and sold at the present time or in the future. Mr. Nickem explained the difficulties of selling RS land use designated properties. He stated that he owns an RS-designated property located on the northeast corner of Meridian and Randall Street in the City of San Bernardino. Mr. Nickem further stated that the Development Code has created a hardship on himself and has cost thousands of jobs in the building industry. Discussion ensued regarding the impact of the adoption of this ordinance in that there would be no new subdivisions in the City. It was pointed out that there has not been a new final map recorded since the adoption of the newly-adopted Development Code. Mr. Nickem answered questions and stated that the average square foot cost to build a home ranges between $50 and $125 per foot. A member of the Council ordinance that would reduce the livable area in the RS land use 1000 square feet. objected to prov1s1ons minimum unit size and the district from 1300 square in the average feet to Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that Development Code Amendment No. 91-08, to revise the room size standards, and unit size standards, be referred to a joint Planning Commission workshop and that the matter come back before the Mayor and Council on March 16, 1992. The Council requested that the format for reading the revised minimum room size standards be changed. PUBLIC HEARING BOUNDARIES REDISTRICTING OF COUNCIL WARD (32) This is the time and place set for a public hearing on the redistricting of Council ward boundaries. In a memorandum dated January 28, 1992, Rachel Krasney, City Clerk, provided a synopsis of previous Council action regarding efforts to redistrict the seven council wards including maps and charts depicting current ward population figures. (Attachments A - I) 25 2/3/92 Mayor Holcomb opened the hearing. City Clerk Krasney gave background information regarding the process of redistricting the Council ward boundaries. Ruth Parish, Geographic Information Systems Coordinator, (GIS) explained the differences between the current ward map and the proposed revised ward district map. The main concern was to balance the population between each district and maintain an ethnic distribution based on population. Walter Hawkins, an employee of Cal State University San Bernardino, and member of the Westside Action Group, spoke regarding the proposed boundaries in the vicinity of the Bench area. Mr. Hawkins requested, on behalf of the Wests ide Action Group, that the Bench area boundaries be revised to allow a more perpendicular distinction, so that citizens living in the Bench area would know exactly which ward they reside in. Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that the public hearing be closed. Council Member Member Pope-Ludlam, the agenda. (*Note: Miller made to adopt the No vote was a motion, seconded by Council two form motions as listed on taken at this time) Council Member Pope-Ludlam requested to amend the motion to incorporate Mr. Hawkins' request to revise the Bench area boundaries to allow a more perpendicular distinction. Discussion ensued regarding the procedures for making motions during Council meetings. Council Member Estrada made a motion, seconded by Council Member Miller, that the changes to boundaries for the seven council wards be approved as presented by the Ward Redistricting Task Force. (*Note: No vote was taken at this time) Council Member Estrada made a motion, seconded by Council Member Miller, that pursuant to Section 3 of the City Charter, the City Attorney be directed to prepare an ordinance amending Ordinance 3222 to change the existing boundaries of the seven council wards to conform with the ward redistricting plan submitted by the Ward Redistricting Task Force. (*Note: No vote was taken at this time) Council Member Hernandez made a motion, to reconsider the action taken to close the public hearing. 26 2/3/92 Mayor Holcomb pointed out that the motion would allow for a public hearing to boundary revisions. following substitute review the Bench area Council Member Estrada made a substitute motion, seconded by Council Member Hernandez, and unanimously carried, to refer the matter back to staff in order to meet with Mr. Hawkins of the Wests ide Action Group, to make minor changes regarding the Bench area boundaries and report back at the February 17, 1992 Council meeting. HISTORIC STRUCTURE DEMOLITION ORDINANCE FROM JANUARY 6, 1992 CONTINUED (33) This is the time and place continued to consider the historic structure demolition ordinance. On January 6, 1992, the Mayor and Council continued the ordinance so that staff and the Economic Development Agency could develop options for simplifying the review process for demolition permit applications. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.37 OF THE SAN BERNARDINO MUNICIPAL CODE; ESTABLISHING NEW POLICIES AND PROVISIONS FOR REVIEW OF DEMOLITION PERMIT APPLICATIONS FOR POTENTIALLY HISTORIC BUILDINGS AND STRUCTURES AND PROVIDING FOR CONTINUATION OF THE HISTORIC PRESERVATION TASK FORCE. (33) Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Council continue this item to March 16, 1992, to enable staff to complete a detailed proposal outlining options and recommendations. PROPOSED CHARTER AMENDMENTS FOR JUNE 2, 1992 ELECTION (34) In a memorandum dated January 29, 1992, Rachel Krasney, City Clerk, stated that on January 23, 1992, Resolutions 92-22, 92-23, 92-24, 92-25, 92-26, and 92-27 were adopted calling for a special election to be held on Tuesday, June 2, 1992, for the purpose of submitting to the qualified electors of the City, for their approval or disapproval, proposed Charter amendments. City Clerk Krasney requested that an impartial analysis of the measure be prepared by the City Attorney and that the Finance Director prepare an impartial fiscal analysis of the measures showing the amount of any increase or decrease in revenue or cost to the City of San Bernardino. City Clerk Krasney answered questions and stated that the last day to submit arguments is March 3, 1992 and the deadline to submit rebuttals is March 10, 1992. 27 2/3/92 Council Member Estrada made a motion, seconded by Council Member Hernandez, that the Finance Director be directed to prepare an impartial fiscal analysis of the proposed Charter amendments to be voted on at the June 2, 1992 Election, showing the amount of any increase or decrease in revenue or cost of these measures to the City of San Bernardino. Council Member Estrada made a motion, seconded by Council Member Hernandez, that the City Attorney be directed to prepare an impartial analysis of the City measures to be voted upon at the June 2, 1992 election. The Members Miller. motions carried by the following vote: Ayes: Council Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam, Nays: Council Member Minor. Absent: None. Council Member Hernandez made a motion, seconded by Member Pope-Ludlam, that a committee be established to the arguments and rebuttals in favor of the proposed amendments; and that the committee be comprised of Members Estrada, Pope-Ludlam, and Miller. Council prepare Charter Council The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Minor, Pope-Ludlam, Nays: Council Member Maudsley. Absent: None. Council Miller. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 3.44 OF THE SAN BERNARDINO MUNICIPAL CODE INCREASING THE AMOUNT OF SERVICE USERS TAX TO EIGHT AND ONE HALF PERCENT. First (AS-1) Council Member Miller made a motion, seconded by Council Member Reilly, and unanimously carried, that further reading of the ordinance be waived. Council Member Reilly made a motion, seconded by Council Member Estrada, that said ordinance be amended by interdelineation, to add a section that states: "This ordinance takes effect July 1, 1992 and expires on June 30, 1995". The motion carried by the following vote: Ayes: Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Nays: Council Member Hernandez. Absent: None. Council Miller. RECESS MEETING - CLOSED SESSION (1) At 3:45 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6 as it relates to the impasse hearing on Police Safety Employees. 28 2/3/92 CLOSED SESSION At 3:46 p.m., Mayor Pro Tempore Pope-Ludlam closed session to order in the conference room of Chambers of City Hall, 300 North "D" Street, San California. called the the Council Bernardino, ROLL CALL Roll call was taken with the following being present: Mayor Pro Tempore Pope-Ludlam; Council Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: Mayor Holcomb, Council Member Hernandez. Also present: Barbara Dillion, Director of Personnel. PRESS CONFERENCE - MAYOR HOLCOMB Mayor Holcomb held a press conference while the Council was in closed session. COUNCIL MEMBER ESTRADA EXCUSED At 3:48 p.m., Council Member Estrada left the closed session. COUNCIL MEMBER MAUDSLEY EXCUSED At 3:48 p.m., Council Member Maudsley left the closed session. COUNCIL MEMBER ESTRADA RETURNED At 3:51 p.m., Council Member Estrada returned to the closed session. CITY ATTORNEY PENMAN EXCUSED At 3:57 p.m., City Attorney Penman left the closed session. CITY ATTORNEY PENMAN RETURNED At 3:57 p.m., City Attorney Penman returned to the closed session. COUNCIL MEMBER ESTRADA EXCUSED At 3:57 p.m., Council Member Estrada left the closed session. COUNCIL MEMBER ESTRADA RETURNED At 4:01 p.m., Council Member Estrada returned to the closed session. COUNCIL MEMBER ESTRADA EXCUSED At 4:01 p.m., Council Member Estrada left the closed session. COUNCIL MEMBER MILLER EXCUSED At 4:02 p.m., Council Member Miller left the closed session. 29 2/3/92 COUNCIL MEMBER At 4:02 p.m., session. POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the closed COUNCIL MEMBER MILLER RETURNED At 4:02 p.m., Council Member Miller returned to the closed session. COUNCIL MEMBER MILLER EXCUSED At 4:03 p.m., Council Member Miller left the closed session. COUNCIL MEMBER At 4:04 p.m., closed session. POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the COUNCIL MEMBER MILLER RETURNED At 4:09 p.m., Council Member Miller returned to the closed session. COUNCIL MEMBER ESTRADA RETURNED At 4:10 p.m., Council Member Estrada returned to the closed session. COUNCIL MEMBER ESTRADA EXCUSED At 4:12 p.m., Council Member Estrada left the closed session. CITY ATTORNEY PENMAN EXCUSED At 4:12 p.m., City Attorney Penman left the closed session. COUNCIL MEMBER HERNANDEZ ARRIVED At 4:15 p.m., Council Member Hernandez arrived at the closed session. COUNCIL MEMBERS ESTRADA AND MAUDSLEY RETURNED At 4:15 p.m., Council Members Estrada and Maudsley returned to the closed session. CITY ATTORNEY PENMAN RETURNED At 4: 15 p.m., City Attorney Penman returned to the closed session. MAYOR HOLCOMB ARRIVED At 4:16 p.m., Mayor Holcomb arrived at the closed session. COUNCIL MEMBER HERNANDEZ EXCUSED At 4:30 p.m., Council Member Hernandez left the closed session. COUNCIL MEMBER MILLER EXCUSED At 4:31 p.m., Council Member Miller left the closed session. 30 2/3/92 ADJOURN CLOSED SESSION At 4:33 p.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 4:34 p.m., Mayor Holcomb called the regular meeting to order in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: Council Members Minor, Pope-Ludlam, Miller. CLOSED SESSION IMPASSE HEARING EMPLOYEES - DISCUSSED EARLIER IN THE 12 POLICE SAFETY MEETING. SEE PAGE (31) Mayor Holcomb announced that the Council, while in closed session, voted to impose unilaterally for one year the terms and conditions offered to the Police Association by the City. ADJOURNMENT (44) At 4:35 p.m., the regular meeting adjourned to Monday, February 17, 1992, in the Council Chambers of 300 North "D" Street, San Bernardino, California. 8:30 a.m., City Hall, RACHEL KRASNEY City Clerk By "f~?~" .~ Diane Joaes, Deputy City Clerk No. of Items: 60 No. of Hours: 6 hrs. 30 min. 31 2/3/92