Loading...
HomeMy WebLinkAbout03-16-1992 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING MARCH 16, 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 8:30 a.m., Monday, March 16, 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 Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: Council Members Estrada, Pope-Ludlam. RECESS MEETING - CLOSED SESSION (1 & S-4) At 8: 30 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 litigation pursuant to 54956.9(b)(1), as there litigation; attorney regarding pending Government Code Section is significant exposure to 1 3/16/92 f. 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 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: Stubblefield Construction Companv. et al vs. Citv of San Bernardino. et al - San Bernardino Superior Court Case No. 242998; San Bernardino Superior Court Case No. 252058; Citv of Redlands vs. Inland Vallev Development Aaencv. et al - San Bernardino Superior Court Case No. 255222; Countv vs. Citv of San Bernardino IRDA) - San Bernardino Superior Court Case No. 258241; Citv of Indians. 6899 WJR San Bernardino vs. San Manuel Band of et al - United ptates District Court - Case (Bx) ; Mission No. 85- Saab vs. Citv of San Bernardino - Fourth District Court of Appeals Case No. E008652; Ci tv of San Bernardino vs. Libertv Cable T. V .. et al- United States District Court Case No. 82-6876 WMB; Citv of San Bernardino vs. Countv of San Bernardino. et al- Riverside Superior Court Case No. 207900; 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. Interamerican Builders. et al- San Bernardino Superior Court Case No. 249477; Alexander Davis vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 261110; Tammv Murohv vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 254764. Brenda Anderson vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 243039. 2 3/16/92 Castro vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 245222; Harris vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 245981. CLOSED SESSION At 8:32 a.m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: Council Members Estrada, Pope-Ludlam. Also present: Deputy City Attorney Simmons, Deputy City Attorney Roth, and Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office. . READING OF RESOLUTIONS AND ORDINANCES Deputy City Clerk Vale read the titles of all the resolutions and ordinances on the regular, supplemental, addendum supplemental, and Community Development Commission agendas, while the Council was in closed session. COUNCIL MEMBER ESTRADA ARRIVED At 8:35 a.m., Council Member Estrada arrived at the closed session. COUNCIL MEMBER At 8:42 a.m., closed session. POPE-LUDLAM ARRIVED Council'. Member Pope-Ludlam arrived at the DEPUTY CITY ATTORNEY ROTH EXCUSED At 8:44 a.m., Deputy City Attorney Roth left the closed session. DEPUTY CITY ATTORNEY SKROPOS ARRIVED At 8:55 a.m., Deputy City Attorney Skropos arrived at the closed session. DEPUTY CITY ATTORNEY SIMMONS EXCUSED At 8:55 a.m., Deputy City Attorney Simmons left the closed session. MAYOR HOLCOMB EXCUSED At 9:10 a.m., Mayor Holcomb left the closed session. 3 3/16/92 COUNCIL MEMBER MILLER EXCUSED At 9:13 a.m., Council Member Miller left the closed session. ADJOURN CLOSED SESSION At 9: 16 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: 31 a. m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Reilly, Maudsley, Minor, Miller; City Clerk Krasney, City Administrator Clark. Absent: Council Members Estrada, Hernandez, Pope-Ludlam; City Attorney Penman. INVOCATION The invocation was given by Rev. Gertrude Whetzel, God's Great Cause. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Reilly. PROCLAMATION - MARCH OF DIMES CAMPAIGN FOR HEALTHIER BABIES MONTH - APRIL 1992 (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring the month of April 1992, as the March of Dimes Campaign for Healthier Babies Month. Clare Baty, volunteer, accepted the proclamation. COUNCIL MEMBER HERNANDEZ ARRIVED At 9:32 a.m., Council Member Council meeting and took his place at Hernandez arrived the council table. at the EMPLOYEE RECOGNITION AWARDS YEAR 1991 EMPLOYEE OF THE (4) J. Lorraine stated that the Employee of the categories: Management/Confidential Middle Management Safety General Velarde, Executive Assistant to the Mayor, following employees have been awarded 1991 Year Awards, in each of their respective Carl "Buck" Felker Andrew Brown David Kreske Sue Dawson 4 3/16/92 Clerical Mary Alvord Each employee was present to accept their award. COUNCIL MEMBERS ESTRADA AND POPE-LUDLAM ARRIVED At 9:34 a.m., Council Members Estrada and Pope-Ludlam arrived at the Council meeting and took their places at the council table. PROCLAMATION - EARTHQUAKE PREPAREDNESS MONTH - APRIL 1992 (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring the month of April 1992, as Earthquake Preparedness month. Joyce Marion, Disaster Preparedness Representative, and Dick McGreevy, Disaster Preparedness Coordinator, accepted the proclamation. Mr. McGreevy described many activities scheduled in Ap~il, participate in these activities. of the earthquake preparedness and urged all residents to CITY ATTORNEY PENMAN ARRIVED At 9:36 a.m., City Attorney Penman meeting and took his place at the council arrived at the Council table. SERVICE PIN AWARDS CEREMONY (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of employees receiving service pin awards. Each employee received a service pin from Mayor Holcomb in gratitude of his/her many years of dedicated service to the City. SAN BERNARDINO COMMUNITY AGAINST DRUGS JERILYN SIMPSON - REPORT - MARDI GRAS TEEN DANCE - FEBRUARY 29, 1992 (4) Jerilyn Simpson, President/CEO, San Bernardino Community Against Drugs, Inc., 234 N. Arrowhead Avenue, San Bernardino, CA, reported on the Mardi Gras Teen Dance held Saturday, February 29, 1992; and thanked the Mayor and Council, and various City departments for their support. Mrs. Simpson introduced Monce pueblo, from Cajon High School; and Marlin Smith, from San Bernardino High School, who stated that the dance had been successful, and expressed the desire to have more drug-free events for teens. Mrs. Simpson stated that the Second Annual San Bernardino 5 3/16/92 County Youth 2 Youth conference has been scheduled for April 11 through April 12, 1992 at Big Bear High School, and urged all interested teens to attend. PUBLIC COMMENTS - JEFF WRIGHT - RECYCLING (3) Jeff Wright, P. O. Box 2341, San Bernardino, support of recycling, and urged the City to recycling program as mandated by Assembly Bill 939. CA, spoke in implement a PUBLIC COMMENTS - TOM GERMANY (3) Tom Germany stated that for approximately twenty-four years he has been a member of the San Bernardino Police Department, and just recently retired. He thanked the Mayor and Council, and citizens of San Bernardino, for the privilege and honor of serving them. PUBLIC COMMENTS - CHERYL HARPS - YOUTH SPORTS LIGHTING FEES (3) Cheryl Harps, P. O. Bo~ 2486, San Bernardino, CA, stated that on March 2, 1992 a public hearing was held regarding a proposal to charge youth sports for lighting costs. The Council voted to delay implementing the charge to allow youth sports organizations time to implement their own energy saving measures. However, on Friday, March 13, 1992, sports representatives at two fields were contacted by park and recreation representatives and told that they would be charged $10.00 an hour for lighting usage. She stated that the leagues have been developing energy saving measures, and requested that staff be informed that the lighting costs were not being charged at this time. PUBLIC COMMENTS - BOB CANTU (3) Bob Cantu, Cantu Incorporated, 362 N. "D" Street, San Bernardino, CA, requested a response to letters previously submitted relative to the renovation of three historic masonry buildings, and that the City provide financial assistance so that renovation can proceed with these buildings. PUBLIC COMMENTS - JOHN STEVENS - RECYCLING (3) John Stevens, a resident of San Bernardino, CA, support of recycling, and urged the City to implement a program as mandated by Assembly Bill 939. spoke in recycling ANNOUNCEMENT - COUNCIL MEMBER POPE-LUDLAM - MOMENT OF SILENCE - FRANK TILLIE (2) Council Member Pope-Ludlam requested a moment of silence in 6 3/16/92 memory of Frank Tillie, owner of Tillie's Mortuary~ WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (5) Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental, addendum supplemental, and Community Development Commission agendas, be waived. COUNCIL MINUTES (6) Council Member Miller made a motion, seconded by Council Member Estrada, 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: January 16, 1992. BIG INDEPENDENT CITIES EXCESS POOL (BICEP) - RECEIVE & FILE - AUDIT REPORTS & FINANCIAL STATEMENTS - FISCAL YEAR ENDING JUNE 30, 1991 (8) In a memorandum dated February 21, 1992, Rachel Krasney, City Clerk, requested that the Mayor and Council receive and file the Big Independent Cities Excess Pool (BICEP) financial reports for the fiscal year ending June 30, 1991. Council Member Miller made a motion, seconded by Council Member' Estrada, and unanimously carried, that the Mayor and Common Council receive and file the Big Independent Cities Excess Pool (BICEP) audit reports of financial statements, and supplemental information for Fiscal Year ending June 30, 1991. CLAIMS AND PAYROLL (10) Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated March 9, 1992, from the Director of Finance, be approved. PERSONNEL ACTIONS ( 11) Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated March 5, 1992, in accordance with all administrative regulations of the City of San Bernardino, be approved. JOINT POWERS FINANCING AUTHORITY - REGULAR MEETING (12) Council Member Miller made a motion, seconded by Council 7 3/16/92 Member Estrada, and unanimously carried, that the regular meeting of the Joint Powers Financing Authority be adjourned to April 20, 1992. RES. 92-89 - 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. (13) RES. 92-90 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN RECORDS BY THE POLICE DEPARTMENT. (15) RES. 92-91 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART, "A RESOLUTION PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF. .," TO ESTABLISH A NO PARKING ANY TIME ZONE ON WATERMAN AVENUE BETWEEN THIRTEENTH STREET AND 420 FEET NORTH OF THIRTEENTH STREET, APPLICABLE TO THE WEST SIDE ONLY. (17) RES. 92-92 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MATICH CORPORATION FOR REPLACEMENT OF CURB AND GUTTER IN SEVENTH STREET, BETWEEN MERIDIAN AVENUE AND DALLAS STREET. (18) RES. 92-93 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO HP CONSTRUCTION & MANAGEMENT, INC. FOR CONSTRUCTION OF HANDICAPPED ACCESSIBILITY AT NUNEZ POOL AND BATH HOUSE. (19) Council Member Miller .made a motion, seconded by Council Member Estrada, that said resolutions be adopted. Resolution Nos. 92-89, 92-90, 92-91, 92-92, and 92-93 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 92-94 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MISSION POOLS OF ESCONDIDO FOR RENOVATION OF DELMANN HEIGHTS COMMUNITY CENTER SWIMMING POOL. (20) Council Member Miller made a motion, seconded by Council Member Estrada, that said resolution be adopted; and that the transfer of $8,055.00, from Account No. 90-58.35, "Nunez Pool and Bath House Renovation," to Account No. 91-18.60, "Renovation of Delmann Heights Pool," be approved. 8 3/16/92 Resolution No. 92-94 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 92-95 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MIND EXTENSION UNIVERSITY TO PROVIDE EDUCATIONAL PROGRAMMING ON THE CITY'S EDUCATIONAL ACCESS CHANNEL. (23) Council Member Miller made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 92-95 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. TRANSFER FUNDS - $9,200,000 - GENERAL FUND TO SPECIAL REVENUE & INTERNAL SERVICE FUNDS (7) In a memorandum dated March 10, 1992, Andrew Green, Director of Finance, stated that accounting principles require that the Special Revenue and. Internal Service Funds be supported by the General Fund. Currently, deficits in these funds exceed $14 million. In order to conform to accepted accounting principles, the General Fund should advance, to the extent possible, funding for these deficits. The bond proceeds which would result from the refinancing of City Hall should be used to reimburse the General Fund for this advance. The total recommended amount which should be advanced to address the deficits is $9,200,000. (See related Community Development Commission item R-9) City Administrator Shauna Clark explained that the purpose of refinancing City Hall was to eliminate a portion of the deficit in the internal service funds. In order to accomplish the refinancing, the operating funds must have a deficit; therefore, money was being transferred from the General Fund to the internal service funds. When refinancing is accomplished, the General Fund will be replenished. The refinancing will generate interest income from which the new payments would be made. The trans fer of General Fund monies to the internal service funds must be voted on separately from the Community Development Commission item regarding the City Hall refinancing. Discussion ensued regarding the proposed City Hall refinancing, and the transfer of General Fund monies to the internal service funds. Council Member Minor made a motion, that the sum of $9,200,000 be transferred from the General Fund to the special revenue and internal service funds as outlined in the memorandum from the Finance Director dated March 10, 1992, be approved. 9 3/16/92 It was the consensus of the Council that consideration of the transfer of $9,200,000 from the General Fund to the special revenue and internal service funds be continued to later in the meeting so that special legal counsel could be present to answer questions. Council Member Minor withdrew his motion. Council Member Hernandez made a motion, seconded by Council Member Reilly, that the discussion relative to the transfer of $9,200,000 from the General Fund to the special revenue and internal service funds as outlined in the memorandum from the Finance Director dated March 10, 1992, be continued to later in the meeting, so that Timothy Sabo of Sabo and Green, special counsel to the Economic Development Agency; and Jim Iverson of Miller and Schroeder, bond counsel to the Economic Development Agency, could be present to answer questions. (See page 19) The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Maudsley. Nays: Members Minor, Pope-Ludlam, Miller. Absent: None. Council Council . PROPOSED ANNEXATION - TERRITORY SOUTH OF 3RD STREET, EAST OF LENA ROAD - AUTHORIZATION TO PROCEED (9) In a memorandum dated March 5, 1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that a landowner petition for annexation has been filed with the Local Agency Formation Commission (LAFCO) for the territory lying between Third Street and Rialto Avenue, and between Lena Road and Tippecanoe Avenue. The area is currently receiving water service from Cardiff Farms Mutual Water Company which has experienced problems over the years with the quantity and the quality of water it can supply to the area. The residents have requested water service from the City Water Department. The Water Department has indicated that the cost of upgrading the water system, which includes the installation of meters, to be approximately $250,000. It is proposed that if the annexation proceeds, a condition for completion of the annexation would be the formation of an assessment district to fund the necessary improvements to the water system. Those proceedings would be processed concurrently with the annexation proceedings, and the annexation would not be final until the assessment district had been established. A discussion was held relative to the need for infrastructure in the area proposed for annexation, and other possible funding sources for the water system improvements, other than an assessment district, such as County of San Bernardino Community Development Block Grant (CDBG) funds. 10 3/16/92 Roger Hardgrave, Director of Public Works/City Engineer, stated that LAFCO has requested that the City prepare a plan of services. It is proposed that an assessment district be established to alleviate the Water Department having to fund the improvements, if other funding sources are not available. Council Member Estrada made a motion, seconded by Council Member Miller, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the proposed annexation of the territory located south of 3rd Street, east of Lena Road. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Maudsley, Miller. Council Members Minor, Pope-Ludlam. Absent: None. Council Nays: RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH TOM DODGSON & ASSOCIATES, TO PERFORM CONSULTING SERVICES. (14) Council Member Minor made a motion, seconded by Council Member Reilly, and unanimously carried, that said resolution authorizing the execution of an agreement with Tom Dodgson & Associates, to perform consulting services, be tabled. COUNCIL MEMBER MINOR EXCUSED At 10:30 a.m., Council Member Minor left the Council meeting. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH NBS/LOWRY ENGINEERS & PLANNERS RELATING TO THE PROVISION OF RESIDENT ENGINEER/INSPECTION SERVICES FOR THE SOUTH "E" STREET BRIDGE WIDENING ACROSS'~HE SANTA ANA RIVER. (16) Discussion ensued regarding the relative to arbitration, termination, coverage. Roger Hardgrave, Director of Public Works/City Engineer, stated that this ~s a standard consultant agreement developed in conjunction with the City Attorney's Office. terms of the agreement and liability insurance City Attorney Penman stated that the standard consultant agreement was a compilation of what other cities and companies are utilizing. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the resolution authorizing the execution of an agreement with NBS/Lowry Engineers & Planners be continued to later in the meeting, so that staff can survey what policy other cities utilize. (See 11 3/16/92 page 32) COUNCIL MEMBER MINOR RETURNED At 10:32 a.m., Council Member Minor returned to the Council meeting and took his place at the council table. RES. 92-96 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A FINANCING CONTRACT TO FORD MOTOR CREDIT COMPANY FOR THE FINANCING OF TWENTY-FOUR (24) POLICE VEHICLES, TO BE UTILIZED BY THE POLICE DEPARTMENT. (21) RES. 92-97 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO QUALITY FORD FOR THE FURNISHING AND DELIVERY OF TWENTY-FOUR (24) POLICE VEHICLES, TO BE UTILIZED BY THE POLICE DEPARTMENT. (22) Council Member Minor made a motion, seconded by Member Miller, that said resolutions be adopted. Council Resolution Nos. 92-96 and 92-97 were adopted following vote: Ayes: . Council Members Estrada, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: Absent: None. by the Reilly, None. PUBLIC HEARING AVENUE BOX CULVERT PALM/KENDALL SETTING SPECIAL FEE AREA PALM AT CABLE CREEK - TRAFFIC SIGNAL AT (24) This' is the time and place set for a public hearing to consider adoption of a resolution establishing a special fee area for the Palm Avenue box culvert at Cable Creek, and a traffic signal at Palm/Kendall. In a memorandum dated February 13, 1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that at the Mayor and Council meeting of July 15, 1991, action was taken to form Assessment District No. 987, and fund fifty percent of a loan from the Economic Development Agency. The Mayor and Council have previously required all developers in the Verdemont area to participate in the cost of designated improvements through an assessment district or other funding program, and requested that staff formalize the requirement by ordinance and resolution. Ordinance MC-816 was adopted on January 6, 1992 which allows special fee areas to be designated by a resolution of the Mayor and Council. The resolution sets forth the special fees/charges for a specific area of verdemont to generate funds for the repayment of the loan from the Economic Development Agency. The fee was set at $0.02 per square foot of lot area (50% of the original $0.04 fee), and provides for repayment of the loan for these improvements within seven years at seven percent interest. 12 3/16/92 The area of special fee collection is the same as the original proposed assessment district so that all necessary findings of need have been addressed in the Engineer's report. Mayor Holcomb opened the hearing. RES. 92-98 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A SPECIAL FEE AREA FOR PALM AVENUE BOX CULVERT AT CABLE CREEK AND TRAFFIC SIGNALS AT PALM AVENUE AND KENDALL DRIVE. (24) Council Member Minor Member Reilly, that the resolution be adopted. made a hearing motion, seconded be closed; and by Council that said Resolution No. 92-98 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, pope-Ludlam, Miller. Nays: None. Absent: None. PUBLIC HEARING SERVICE FEES ESTABLISHMENT VIDEO PRODUCTION (25) . This is the time and place set for a public hearing to consider establishment of video production service fees. In a memorandum dated February 20, 1992, Fred Wilson, Acting Director, Telecommunications, stated that the Telecommunications Division production facility was established in 1988 for the purpose of producing community access programming. The Division produces a variety of local origination programming at no cost for replay on the City's channel. Existing local access guidelines permit residents to submit programs for playback on the City's public access channel. Requests are received for productions, and if consistent with local origination programming guidelines, and the resources are available, they are generally accommodated. Other types of requests for production received in the past are: private commercial projects produced for playback on commercial stations, not the access channel; paid political candidate projects for use on other programming systems, rather than community access; private non-profit organization projects which are not community access in nature, or which require a major commitment of City resources to complete; and other governmental special projects. Since these types of requests are not consistent with the mission of the Division in terms of providing community access programming, it is recommended that a fee structure be adopted to recover costs associated with these productions. The resolution establishes fees for remote camera shoots, studio production services, video cassette purchases, and duplication services, based on actual costs of camera and video equipment, as well as personnel costs. 13 3/16/92 Mayor Holcomb opened the hearing. RES. 92-99 - RESOLUTION OF THE CITY OF SAN BERNARDINO RESCINDING RESOLUTION NO. 87-350 AND ESTABLISHING VIDEO PRODUCTION SERVICE FEES TO BE CHARGED BY THE TELECOMMUNICATIONS DIVISION OF THE CITY OF SAN BERNARDINO. (25) ORD. MC-824 - ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.73 TO THE MUNICIPAL CODE ENTITLED "USER FEES FOR VIDEO PRODUCTION SERVICES," AUTHORIZING THE COLLECTION OF USER FEES FOR VIDEO PRODUCTION SERVICES. Final (25) Council Member Minor Member Miller, that the resolution and ordinance be made a motion, seconded hearing be closed; and adopted. by Council that said Resolution No. the following vote: Hernandez, Maudsley, Absent: None. 92-99 and Ordinance MC-824 were adopted by Ayes: Council Members Estrada, Reilly, Minor, pope-Ludlam, Miller. Nays: None. PUBLIC HEARING - STREET VACATION - IRVINGTON AVENUE- WESTERLY OF MAGNOLIA AVENUE (26) This is the time and place set for a public hearing to consider a street vacation of a portion of Irvington Avenue lying westerly of Magnolia Avenue. In a memorandum dated February 24, 1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that a large portion of this section of Irvington Avenue is encumbered by the Cable Creek flood control channel which increased the City's liability. Therefore, to help minimize the City's liability it was decided to vacate this "paper" street. Utility companies and City Departments were notified of the proposed vacation, and have had the opportunity to respond. No negative comments were received. Reservations for easements for sewer and appurtenant facilities, and public utilities have been reserved. A Notice of Exemption was filed with the County Board of Supervisors, and a finding of consistency with the General Plan was made. Notices have been posted in the area proposed for vacation, and all property owners adjacent to the proposed vacation were notified of said hearing. There are no present or future plans to utilize this portion of Irvington Avenue as a street, and this portion of the street has been determined by the Department of Public Works to be of no further necessity to the general public. Traffic flow does not warrant a street in this area. 14 3/16/92 Mayor Holcomb opened the hearing. RES. 92-100 - RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF IRVINGTON AVENUE, WESTERLY OF MAGNOLIA AVENUE, IN THE CITY OF SAN BERNARDINO, AND RESERVING AN EASEMENT FOR SANITARY SEWER AND APPURTENANT FACILITIES, AND A PUBLIC UTILITY EASEMENT THEREIN. (26) Council Member Minor made a motion, seconded by Council Member Miller, that the hearing be closed; the findings of fact, as set forth in the staff report from Roger G. Hardgrave, Director of Public Works/City Engineer, as to why that portion of Irvington Avenue lying westerly of Magnolia Avenue is no longer necessary for street purposes, be approved; and that said resolution be adopted. Resolution No. 92-100 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. COUNCIL MEMBER POPE-LUDL~ EXCUSED Council Member Pope-Ludlam left the Council meeting. POLICY FOR SELECTION OF BROKERS - REDEVELOPMENT AGENCY & CITY LAND PURCHASES - COUNCIL MEMBER ESTRADA - SEE RELATED COMMUNITY DEVELOPMENT COMMISSION ITEM RS-1- CONTINUED FROM MARCH 2, 1992 (27) This is the time and place continued to for discussion regarding the policy for selection of brokers for the City of San Bernardino and the Economic Development Agency land purchases. Council Member Estrada.. made a motion, seconded by Council Member Reilly, and unanimously carried, that the discussion regarding the policy for selection of brokers for Redevelopment Agency and City land purchases, be continued to later in the meeting, so that it can be taken in conjunction with Community Development Commission item RS-1. (See page 23) HISTORIC STRUCTURE DEMOLITION ORDINANCE FROM FEBRUARY 3, 1992 CONTINUED (28) This is the time and place continued to for consideration of proposed changes to the historic structure demolition ordinance. In a memorandum dated March 8, 1992, Al Boughey, Director, Planning and Building Services, stated that the proposed changes were prepared due to problems identified in the existing Urgency Historic Structure Demolition Ordinance (MC-694) which made the processing of demolition permit applications difficult and cumbersome. 15 3/16/92 Joint meetings between the Planning Division and the Economic Development Agency were held to discuss issues relating to the application process, processing time, and staff constraints. As a result, the following changes are proposed which should simplify the review process for demolition permit applications: 1) the Planning Commission would assume the project review duties of the Historic Preservation Task Force for demolition permit applications; 2) the Task Force responsibilities would be directed at overseeing the development of the Historic Preservation Program; 3) based upon the Historic Resources Reconnaissance Survey information, a new ordinance would be developed establishing evaluation thresholds; 4) using the evaluation thresholds, staff would identify the level of evaluation (historical review) required to determine the historical significance of resources proposed for demolition; 5) staff decision relating to Evaluation Thresholds Band C could be appealed to the Planning Commission, Threshold A could not be appealed; 6) the Planning Commission would approve or deny the demolition permit applications based upon information presented; 7) the Planning Commission would have the option to recommend further study to the Mayor and Council when a permit was denied due to a finding of historica; significance; and 8) the decision of the Planning Commission could be appealed to the Mayor and Council. Council Member Reilly made a motion, seconded by Council Member Minor, and unanimously carried, that the Mayor and Common Council direct staff to change the review process as proposed, and prepare an ordinance for presentation at the May 4, 1992, Mayor and'Council meeting, in the Council Chambers of City Hall, 300 North nD" Street, San Bernardino, California. COUNCIL MEMBER POPE-LUDLAM RETURNED At 10: 4 7 a.m., Council. Member Pope-Ludlam returned to the Council meeting and took her place at the council table. GARAGE OPERATIONS TRANSFER - PUBLIC WORKS DEPARTMENT TO PUBLIC SERVICES DEPARTMENT (29) In a memorandum dated March 9, 1992, Shauna Clark, City Administrator, stated that during the mid-year budget cuts, it was recommended that consideration be given to consolidating supervisory responsibilities throughout the City. The Director of Public Services subsequently presented a proposal to consolidate the management of the Garage with the Refuse Division, and eliminate the position of Fleet Manager. The Director of Public Services' recommendation to assume the responsibilities for management of the Garage was based on the fact that approximately two/thirds of the funding, and the majority of the vehicles are from the Refuse fund. As the largest user of Garage services, they have an interest in 16 3/16/92 ensuring that the fleet is appropriately maintained. The Director had previously served as Fleet Manager, and has developed a number of recommendations for improving fleet operations. Although the Refuse Superintendent would be responsible for the day-to-day supervisory responsibilities, the Director of Public Services would be responsible for the overall management of the Garage. There would be no additional salary increase recommended for the Director or the Superintendent, and both have agreed to accept the added responsibility without pay increases. Council Member Hernandez made a motion, seconded by Council Member Reilly, and unanimously carried, that the transfer of the Central Garage operations from the Public Works Department to the Public Services Department, be approved; and the Director of Personnel be authorized to amend Resolution No. 6433. APPEAL ABATEMENT ABANDONED VEHICLES CALIFORNIA STREET - DAVID NISH 2873 (30) This is the time and place set for an appeal of the Board of Building Commissioners' deci~ion with regard to the abatement of abandoned vehicles on 2873 California Street, filed by David Nish. In a memorandum dated March 2, 1992, Fred Wilson, Acting Director, Facilities Management, stated that on July 2, 1991, a complaint was received regarding abandoned vehicles at 2873 California Street. After investigation, a courtesy notice was issued on July 22, 1991. Two of the five abandoned vehicles were self abated. On August 7, 1991, a legal ten-day "Notice of Intent to Abate and Remove an Abandoned, Wrecked, Dismantled or Inoperative Vehicle(s) or Partes) thereof as a Public Nuisance" was issued and sent by certified mail to interested parties. On August 9, 1991, Mr. David Nish requested a hearing before the Board of Building Commissioners, and the ruling was that Mr. Nish be given fifteen days to clear the property. Mr. Nish has been given seven months to correct this problem, and it is recommended that authority be given for an immediate abatement, and to assess the cost for such abatement to Mr. Nish. City Administrator Clark explained that when Mr. Nish was contacted he asked the City Clerk's Office to withdraw the appeal; however, he has not yet submitted a written request to withdraw the appeal. Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that the appeal of Mr. David Nish relative to the order of the Board of Building Commissioners' with regard to the abatement of abandoned vehicles for the property at 2873 California Street, San Bernardino, be denied, and the decision of the Board of Building Commissioners, 17 3/16/92 be upheld. SET PUBLIC HEARING - APRIL MONTHLY UTILITY DRAINAGE FEE OF FACILITIES 6, 1992 - ESTABLISHMENT- - OPERATION & MAINTENANCE (31) In a memorandum dated February 27, 1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that ~n 1987, Congress amended Section 402 of the Federal Clean Water Act to require permits for the control of pollutants from storm water discharges. The State of California, acting through the Regional Water Quality Control Board, has established permit requirements. The City of San Bernardino, the County of San Bernardino, and fifteen other cities have collectively applied for a single permit, realizing a substantial cost savings. The estimated total fiscal responsibility to the City of San Bernardino for the operation of drainage facilities in 1992/93 is $235,000. Several sub- committees, made up of the co-permittees, have been investigating potential funding sources. One method was to establish a user fee by designating the storm.drainage system as a utility. Then billing could be made as a part of the regular utility billing process, and can be kept to a minimum, and provide the required revenue source. Roger Hardgrave, Director of Public Works/City Engineer, explained that this is a federally mandated program. He explained that by designating the City's storm drain system a public utility, it would allow the City to establish a monthly storm drain service fee similar to the monthly sewer service fee. This fee of approximately $.50 to $.60 a month for a residential unit would cover the cost of the City's participation in the program and provide an alternate funding vehicle other than the General Fund. City Administrator Clark explained that the utility tax would not be charaed on the monthly storm drain serv~ce fee because the utility tax is not charged on water bills. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.75 TO THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING DRAINAGE FACILITIES AS PUBLIC UTILITIES AND AUTHORIZING THE ADOPTION OF FEES FOR THE OPERATION AND MAINTENANCE OF SUCH FACILITIES. First (31) Council Member Hernandez made a motion, seconded by Council Member Reilly, and unanimously carried, that a public hearing be set at 10:00 a.m., at the regularly scheduled Council meeting of April 6, 1992, for establishment of a monthly utility drainage fee, relating to the operation and maintenance of such facilities; and that said ordinance be laid over for final 18 3/16/92 adoption. TRANSFER REVENUE EARLIER FUNDS - $9,200,000 - GENERAL & INTERNAL SERVICE FUNDS IN THE MEETING - SEE PAGE 9 FUND TO SPECIAL CONTINUED FROM (7) This is the time and place continued to from earlier in the meeting for consideration of a transfer of funds in the amount of $9,200,000 from the General Fund to the Special Revenue and Internal Service Funds. Tim Sabo, special bond counsel to the Economic Development Agency, Sabo & Green, 6320 Canoga Avenue, Suite *400, Woodland Hills, CA, explained how the City Hall refinancing worked in conjunction with the transfer of General Fund monies, to the special revenue and internal service funds, to remedy the City's budget shortfall. He stated that the refinancing would generate approximately $9.2 million in bond proceeds that would be available to pay specific line items in the City's budget. The funds that would have gone into the reserve funds are funds that would have otherwise paid city operating expenses. Jim Iverson, bond consultant to the Economic Development Agency, Miller & Schroeder, 505 Lomas Santa Fe Drive, Suite #200, Solano Beach, CA, explained the investment options available to the City. Council Member Estrada made a motion, seconded by Council Member'Reilly, and unanimously carried, that the sum of $9,200,000 be transferred from the General Fund to the special revenue and internal service funds as outlined in the memorandum from the Finance Director dated March 10, 1992, be approved. OBTAIN APPRAISAL - PARCEL NORTH OF KENDALL DRIVE - FOR PEPPER/LINDEN AVENUE (S-l) In a memorandum dated March 9, 1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that Pepper/Linden Avenue is shown on the circulation element of the General Plan as a major arterial. The right-of-way has been granted by adjoining developments between Cajon Boulevard and Kendall Drive. Plans have been submitted for a development on the parcel on the north side of Kendall Drive, which is on Pepper/Linden alignment. Development of this parcel would significantly ~ncrease the acquisition price. The owner has indicated a willingness to discuss selling the parcel, in lieu of proceeding with the proposed development, and allowing payment of the purchase price over three years. The parcel is 1.47 acres, with a price of approximately $300,000. The actual value would be based upon an appraisal of the property. A housing development, Paradise Hills, has been proposed for the area north of 19 3/16/92 California State University San Bernardino. The subdivision would generate additional traffic; therefore, it is expected that Paradise Hills would be conditioned to pay their "fair share" of the cost for the improvement of Pepper/Linden Avenue, from Kendall Drive to Northpark Boulevard. The remainder of the alignment for Pepper/Linden Avenue, is across City Water Department property. Approval to obtain an appraisal is needed as plans for the development have been submitted. Council Member Minor made a motion, seconded by Council Member pope-Ludlam, and unanimously carried, that the Director of Public Works/City Engineer be authorized to obtain an appraisal for Assessor's Parcel No. 261-231-25, north of Kendall Drive, for future Pepper/Linden Avenue, with estimated cost of the $1,500 charged to Account No. 250-670-57477. RESOLUTION OF THE CITY OF SAN BERNARDINO RESOLUTION NO. 6433, SECTION FOUR, ADDING AND VARIOUS CITY POSITIONS FOR THE PURPOSE OF PRIOR COUNCIL ACTIONS. AMENDING DELETING CODIFYING (S-2) Council Member Estrada .made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that said resolution amending Resolution No. 6433 codifying prior council actions, be tabled. RES. 92-101 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE SOUTH "E" STREET BRIDGE WIDENING PROJECT CONSTRUCTION FUNDING AGREEMENT WITH' THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, RELATING TO THE WIDENING OF THE SOUTH "E" STREET BRIDGE OVER THE SANTA ANA RIVER. (S-3) Council Member HernandGz made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 92-101 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, pope-Ludlam, Miller. Nays: None. Absent: None. INLAND DIVISION BOUNDARIES CITIES LEAGUE OF CALIFORNIA (S-5) In a letter dated March 2, 1992, Gary Pitts, President, League of California Cities, stated that a task force has been appointed to evaluate the boundaries of the Inland Division of the League of California Cities. The task force has decided to take an advisory vote of the cities in the district to determine further action. The issues are: 1) the League of California should the Inland Empire Division of Cities retain the existing division 20 3/16/92 boundaries? and, 2) if the boundaries are changed, which new district boundaries would you favor: a) San Bernardino County (except the upper desert) as one division, and Riverside County as the other division; or b) Western Riverside County cities (WRCOG), and Western San Bernardino County cities (all cities other than Twenty Nine Palms, Yucca Valley, and Needles) as one division; and Eastern Riverside County (CVAG) cities and Blythe) as the other division; with discussions to consider the possibility of Twenty Nine Palms, Yucca Valley, and Needles, leaving the Desert Mountain Division to join the Eastern Riverside County (CVAG) division. The study arises from a proposal to split the division with Riverside County becoming one division, and San Bernardino County, except the upper desert (which is in the Desert Mountain Division) becoming another. The task force consists of three council members and one city manager from each county, and a representative of the League. The task force has identified the pros and cons of creating new district boundaries, and there appear to be no overriding advantages or disadvantages to any of the options. The task force has decided that its recommendation would be based primarily on. the preferences of the individual cities. If it is determined to split the division, the proposal would go to the State League Boundary Committee, and if approved, it would be presented as a resolution at the annual conference. Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, to approve the Inland Empire Division of the League of California Cities proposal to revise the existing division boundaries to allow San Bernardino County (except the upper desert) to form one division, and Riverside County to form another division. ORD. MC-825 - 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. Final (AS-I) Council Member Reilly made a motion, seconded by Council Member Maudsley, that said ordinance be adopted. (Note: This Ordinance received a first reading on February 3, 1992.) Ordinance MC-825 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Miller. Nays: Council Member Hernandez. Absent: None. 21 3/16/92 NEW BUSINESS - APPROVE HIRING - FRANK RHEMREV - DEPUTY CITY ATTORNEY II - EFFECTIVE APRIL 6, 1992 (NB-I) City Attorney Penman stated that at the Mayor and Council meeting of February 17, 1992, authorization had been granted to advertise and fill a vacant Deputy City Attorney position. He stated that an attorney has accepted the position, and requested that the attorney be authorized to start on April 6, 1992. The attorney needs to give notice to his present employer. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the request for authorization to hire Mr. Frank Rhemrev as a Deputy City Attorney II arose subsequent to the posting of the agenda. Council Member Maudsley made a motion, seconded by Council Member Estrada, and unanimously carried, that authorization be granted to hire Mr. Frank Rhemrev for the position of Deputy City Attorney II, at Step 4, Salary Range 3441, $4,632 per month, effective April 6, 1992, be approved. RECESS MEETING _ At 11:06 a.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 11:16 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. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam; Senior Assistant City Attorney Barlow, City Clerk Krasney. Absent: Council Member Miller, City Administrator Clark. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:16 a.m., Chairman Holcomb 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. PUBLIC HEARING - CITY HALL REFINANCING - SEE RELATED ITEM #7 - PAGES 9 & 19 (R-9) This is the time and place set for a public hearing to consider the refinancing of City Hall. Mayor Holcomb opened the hearing. COUNCIL MEMBER MILLER RETURNED At 11:17 a.m., Council Member Miller returned to the Council 22 3/16/92 meeting and took her place at the council table. Council Member Member pope-Ludlam, hearing be closed. Minor made a motion, seconded by Council and unanimously carried, that the public Tim Sabo, special bond counsel to the Economic Development Agency, Sabo & Green, 6320 Canoga Avenue, Suite #400, Woodland Hills, CA, recommended that authorization be granted to transfer the ownership of the City Hall building, and the respective ground lease, from the Civic Center Authority to the Redevelopment Agency. Once the Civic Center Authority has approved the resolutions, the funds would be available from the bond issue to fund the budget shortfall in the General Fund. RES. 91-102 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, ACKNOWLEDGING THE SALE OF CERTAIN PROPERTY AND THE ASSIGNMENT OF A CERTAIN GROUND LEASE TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO BY THE SAN BERNARDINO CIVIC CENTER AUTHORITY, AND APPROVING THE EXECUTION OF DOCUMENTS FOR SUCH ACKNOWLEDGEMENTS. (R-9A) RES. 92-103 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, APPROVING AND AUTHORIZING THE EXECUTION OF A CERTAIN AMENDMENT TO GROUND LEASE IN CONNECTION WITH REFINANCING OF CITY HALL. (R-9B) RES. 92-104 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AUTHORIZING THE LEASE OF CITY HALL FROM THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AUTHORIZING THE FORM OF CERTAIN LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING THE PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS THEREOF. (R-9C) Council Member pope-Ludlam made a motion, seconded by Council Member Miller, that said resolutions be adopted. Resolution Nos. the following vote: Hernandez, Maudsley, Absent: None. 92-102, Ayes: Minor, 91-103, and 92-104 were adopted by Council Members Estrada, Reilly, Pope-Ludlam, Miller. Nays: None. POLICY FOR SELECTION OF BROKERS - REDEVELOPMENT AGENCY & CITY LAND PURCHASES - COUNCIL MEMBER ESTRADA - SEE RELATED COMMUNITY DEVELOPMENT COMMISSION ITEM RS-1- CONTINUED FROM MARCH 2, 1992 - DISCUSSED EARLIER IN THE MEETING - SEE PAGE 15 (27 & RS-1) This is the time and place continued to for discussion 23 3/16/92 regarding the policy for selection of brokers for the City of San Bernardino and the Economic Development Agency land purchases. Council Member Estrada voiced her support for developing a policy that would establish a more equitable way of dealing with brokers as it relates to the acquisition or sale of property for the City and the Economic Development Agency. She felt that discussion relative to the proposed policy should be continued to allow staff more time to meet with the San Bernardino Board of Realtors to develop a comprehensive policy. She stated that the policy should attempt to close every possible loophole that may allow the possibility of interference and influence coming from the Mayor or Council. Council Member Estrada made a motion, seconded by Council Member Maudsley, and unanimously carried, that the discussion regarding the policy for selection of brokers for the City and the Economic Development Agency land purchases be continued; and that the City of San Bernardino and the Community Development Commission authorize staff to initiate meeting(s) with representatives of the San Bernardino Board of Realtors to complete development of the ~ity of San Bernardino and Economic Development Agency Acquisition/Brokerage Services policy. RECESS MEETING At 12:09 p.m., Council Member Hernandez made a motion, seconded by Council Member pope-Ludlam, and unanimously carried, that the regular meeting of the Mayor and Common Council recess to a luncheon workshop in the Management Information Center (MIC) Room, Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California, for consideration of proposed changes in the Development Code regarding unit size requirements. RECONVENE MEETING - LUNCHEON WORKSHOP At 12:32 p.m., the regular meeting of the Mayor and Common Council reconvened in the Management Information Center (MIC) Room, Sixth Floor, 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, Pope-Ludlam; Deputy City Attorney Empeno, City Clerk Krasney, City Administrator Clark. Absent: Council Members Estrada, Miller. Also present: Fred Wilson, Assistant City Administrator; Al Boughey, Director of Planning and Building Services; Valerie Ross, Principal Planner; and Greg Gubman, Assistant Planner; Planning Commission members Ruben Lopez, and Arlene Dignes; and Tim Steinhaus, Agency Administrator, Economic Development Agency. 24 3/16/92 LUNCHEON WORKSHOP - DISCUSS CHANGES - DEVELOPMENT CODE - UNIT SIZE REQUIREMENTS (32) In a memorandum dated March 16, 1992, Al Boughey, Director, Planning and Building Services, stated that at the Mayor and Council meeting of February 3, 1992, the discussion relative to unit and room size requirements was continued so that a joint workshop between the Mayor and Council and the Planning Commission could be conducted. Mr. Boughey explained that the Development Code includes minimum square foot requirements for single-family homes that are stringent, and have hindered projects that would have otherwise been good developments. The problems encountered are not related to the minimum 1,200 square foot requirement for single-family homes, but the requirement for an averaae of 1,700 square foot home. Staff recommends that the square foot requirements be different based on the land use category. He urged the Council to delete any requirement for minimum room size from the Development Code. Staff believes that the size of a single- family home is not integral to the quality of construction or design, and that when a home. is required to stretch its overall size to meet a specific standard it does not guarantee a higher quality home. Discussion ensued regarding the Legislative Review Committee's square foot recommendations for minimum livable area, and minimum average livable area. COUNCIL MEMBERS ESTRADA AND MILLER ARRIVED At 12:36 p.m., Council Members Estrada and Miller arrived at the luncheon workshop. The Council discussed the Development Code provisions for minimum dwelling size standards, and minimum room size standards in the RE, Residential Estates, RL, Residential Low, RS, Residential Suburban, and RU, Residential Urban, land use districts. Mr. Boughey explained the provision that would allow a proposed project, in an area that was 75% developed within a 1,000 foot radius of the project perimeter, the minimum unit size may be reduced at 1,000 square feet, and the average may be reduced to the average of the existing single family dwelling units in the same land use district. CITY ADMINISTRATOR CLARK EXCUSED At 12:50 p.m., City Administrator Clark left the luncheon workshop. Mr. Boughey stated that the requirement for an average of 1,700 square feet in subdivisions was having a detrimental effect 25 3/16/92 on development. Concern was expressed regarding the proposed minimum livable area in the RU, Residential Urban, of 1,000 square feet, and the potential for averaging down to 1, 000 square feet in the RS, Residential Suburban, land use districts. Mr. Boughey stated that there are two areas of concern relative to residential structures, the present needs of the community, and the future needs of the community. He felt that the Development Code encouraged a higher quality of housing than in the past through the use of such items as design treatments and quality of materials, and that it was not necessary to rely on square foot requirements. Barbara Bonadiman, San Bernardino Valley Board of Realtors, 1798 North "D" Street, San Bernardino, CA, felt that size did not directly correspond to the quality of a structure. Discussion ensued regarding market demand for housing, and how the design and architectural treatment of a house determines the social environment and liyability of the structure. Frank Williams, Building Industry Association, Baldy View Region, 9227 Haven Avenue, Suite #280, Rancho Cucamonga, CA, felt that the market demand determined what type of housing product that was constructed. David Schultz, San Bernardino Valley Board of Realtors, 1798 North "D" Street, San Bernardino, CA, stated that the RU, Residential Urban, land use district was created to allow the creation of smaller housing based on the excellence of design, layout of the land, placement of unit in the layout, and the use of habitable versus green and open space. Residential Urban, RU, zoning would be best used for reconstruction, and construction of new homes that are affordable to households unable to afford the least expensive of the old housing stock. The market has been driven so that a two bedroom home sells for $60,000. Through the use of the RU designation, housing units could be created for lower income families so that the homes could be owner occupied. Courtney Buse, a resident of San Bernardino, CA, stated that the Council should evaluate each new subdivision on its own merits and demerits in an effort to generate a mix of housing sizes in a development. He felt that homes in any given area should have a degree of compatibility in size. COUNCIL MEMBER At 1:11 p.m., workshop. HERNANDEZ EXCUSED Council Member Hernandez left the luncheon The Council discussed the positive and negative aspects of 26 3/16/92 the proposed changes to the Development Code regarding unit size requirements. CITY ADMINISTRATOR CLARK RETURNED At 1:13 p.m., City Administrator Clark returned to the luncheon workshop. Arlene Dignes, alternate Planning Commission member, felt that many organizations assisting in locating housing for low income residents, seek homes of 1,000 square feet or less, and felt that this smaller size of home should not be entirely eliminated from the City. Discussion ensued regarding what other cities in the area are doing to promote low and moderate income housing. It was the consensus of the Council that the ordinance provisions for minimum dwelling size standards for single family dwellings, be revised as follows: Land Use District Minimum Area In Sauare Feet Minimum Averaae Livable Area in Sauare Feet RE RL RS RU 1,700 1,200 1,200 1,000 1,500 (Note: There was no vote taken at this time.) RECESS MEETING At 1:17 p.m., the luncheon workshop recessed to the regular meeting of the Mayor and '.Common Council of the City of San Bernardino, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:01 p.m., Mayor Holcomb called the regular meeting of the Mayor and Common Council to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; Deputy City Attorney Empeno, City Clerk Krasney. Absent: Council Member Estrada; City Administrator Clark. 27 3/16/92 APPEAL - DENIAL - CONDITIONAL USE VARIANCE NO. 91-08 SALE OF CONVENIENCE STORE KENZIE WOOTEN MARCH 2, 1992 PERMIT NO. 91-28- BEER AND WINE- CONTINUED FROM (33) This is the time and place continued to for consideration of an appeal of the 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, construction of a convenience store on less than the minimum lot size at 1255 W. Baseline Street, San Bernardino, and reduction of loading space requirements, filed by Mr. Kenzie Wooten. In a memorandum dated March 12, 1992, Al Boughey, Director, Planning and Building Services, stated that at the meeting of March 2, 1992, the Mayor and Council directed staff to research other projects affected by adoption of the Development Code and the imposition of new and/or different development standards. The research included the following points: 1) the check was not an issue relating to deeming the application complete prior to the effective date of the Development Code; 2) similar projects that were "caught" between the new and old rules; 3) based on land use considerations, staff's original recommendation was for denial; 4) a Development Code amendment, narrowly defined for this issue, would allow the applicant to apply for a variance from locational criteria; and 5) suggest that the Mayor and Council open the public hearing on the land use issues prior to de~ermining whether to proceed with a Development Code amendment; There were several projects (residential, commercial and industrial) that were "caught" between the old rules (interim urgency ordinance) and the 'new rules (Development Code). Some projects were able to redesign to meet the new requirements and were then processed. Some projects were not able to be redesigned to meet the new standards pertaining to locational criteria. If a Development Code amendment were approved to permit this project to be processed under the old code requirements, a variance could also be processed. Approval of the project would be contingent upon making positive findings. Mayor Holcomb opened the hearing. Ruben Lopez, 631 W. 16th Street, San Bernardino, CA, spoke for his mother who resides at 1224 W. Orange Street, San Bernardino, CA. Mr. Lopez voiced opposition to the sale of liquor at the proposed convenience store. COUNCIL MEMBER ESTRADA ARRIVED At 2:03 p.m., Council Member Estrada arrived at the Council meeting and took her place at the council table. 28 3/16/92 John Hernandez, 1248 W. Orange, San Bernardino, CA, voiced opposition to the proposed convenience store selling liquor. He submitted a petition to City Clerk Krasney containing approximately thirty-five signatures of neighboring residents and businesses protesting the sale of beer and wine at this proposed convenience store. He also submitted several pictures of the neighboring property to City Clerk Krasney. Kenzie Wooten, 1588 Western Ave., San Bernardino, CA, felt that the people protesting the store, and the sale of beer and wine represented only a small fraction of residents in the area, and that it was unfair to attribute current problems in the area to a proposed store. Council Member Pope-Ludlam made Council Member Estrada, and unanimously hearing be closed. a motion, seconded by carried, that the public Discussion ensued regarding what options are available to the Council relative to the appeal filed by Mr. Wooten. Mr. Boughey, Director,. Planning and Building Services, explained that if the Council approved a narrow Development Code amendment to allow this project to fall under the old ordinance, which also had distance requirements from other uses, the amendment would allow the applicant to return to the Planning Commission, present his case, and attempt to make the positive findings of fact relative to locational standards and adjoining land uses for a variance request. Based on land use perspective, staff does not recommend granting the request or approving a Development Code amendment. Regardless of the status of the check, the application was not deemed complete for a convenience store until after the Development Code went into effect. In a memorandum dated March 12, 1992, Deputy City Attorney Empeno, stated that the two checks were unnegotiable because the applicants' representatives held the checks for more than six months before presenting them to the City on March 27, 1991. Upon receipt of the checks, the City promptly attempted to negotiate them. The City informed the applicant within a reasonable time that the checks were returned by the bank. An examination of the application for Review of Plans No. 91-13 reveals that the applicant did not complete and submit all of the required application forms until March 27, 1991. In a legal opinion (Opinion No. 92-05) dated February 25, 1992, Deputy City Attorney Empeno stated that the application for Conditional Use Permit No. 91-28 and Variance No. 91-08 could not be granted unless the distance requirements in the Development Code for convenience stores and Alcoholic Beverage Control licensed businesses were amended. 29 3/16/92 Deputy City Attorney Empeno explained that positive findings of fact must be made for a conditional use permit and a variance to be granted for a convenience store. There does not appear to have been any transgressions or any wrongdoing by staff in processing this application. The bottom line regarding this project is, Can the conditional use permit and request for variance be granted based on the findings of facts under the ol~ ordinances? Mr. Wooten explained that at the time the application was filed, the nearby church was a vacant building, and the residence next door was a beauty shop. Council Member Minor made a motion, seconded by Council Member Reilly, that the Mayor and Common Council deny the appeal; and deny Conditional Use Permit No. 91-28 and Variance No. 91-08, based on the findings of fact in the staff report from the Planning Commission meeting of November 6, 1991. The motion carried by the following vote: Members Estrada, Reilly, Hernandez, Mauds1ey, Nays: Council Member pope-Ludlam. Absent: None. Ayes: Minor, Council Miller. PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 91-08- REVISE ROOM & UNIT SIZE STANDARDS - CONTINUED FROM FEBRUARY 3, 1992 (34) This is the time and place continued to for a public hearing to consider proposed Development Code Amendment No. 91-08 to delete the minimum residential room size standards in all land use districts; and to 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. In a memorandum dated January 14, 1992, Al Boughey, Director, Planning and Building Services, stated that on June 3, 1991, the Development Code became effective establishing residential room and unit size standards. In October 1991, an urgency ordinance was presented to the Mayor and Council to allow reductions from the required unit size requirements in the RS, Residential Suburban, and RU, Residential Urban, land use districts through approval of a variance. The finding for urgency was not approved, and staff was directed to follow normal ordinance adoption procedures. Because the urgency aspect was invalidated, staff was afforded the opportunity to develop a comprehensive revision to the Development Code standards. Rather than pursue the variance concept, staff considered completely revising the room and unit size requirements of the Development Code. The proposed revisions to unit size requirements were designed to reflect the physical and intended differences between the various residential land use districts, as specified in the 30 3/16/92 General Plan. It is proposed that the determination of room sizes be left to market forces, as it does not appear that the size of a bedroom or bathroom within a house has the potential of influencing other land uses. Mayor Holcomb opened the hearing. Mayor Holcomb explained that discussion was the ordinance during the luncheon workshop, following revisions were made to the minimum standards for single family dwellings, as follows: held regarding and that the dwelling size Land Use District Minimum Area In Sauare Feet Minimum Averaae Livable Area in Sauare Feet RE RL RS RU 1,700 1,200 1,200 1,000 1,500 City Clerk Krasney read ~he title of the revised ordinance: 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 AND TO REVISE THE MINIMUM DWELLING SIZE STANDARDS FOR NON- INFILL SINGLE-FAMILY DETACHED DWELLINGS IN THE RESIDENTIAL ESTATES (RE), RESIDENTIAL LOW, (RL), RESIDENTIAL SUBURBAN, (RS) AND RESIDENTIAL URBAN, (RU) LAND USE DISTRICTS CITYWIDE. First (34) Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly, and unanimously carried, to waive further reading of the ordinance. Mr. Boughey explained that the following provision had been deleted from the ordinance: that would allow a proposed project that was in an area that is 75% developed within a 1,000 foot radius of the project perimeter, the minimum unit size may be reduced at 1,000 square feet, and the average may be reduced to the average of the existing single family dwelling units in the same land use district. Discussion ensued foot minimum area in district. regarding the recommended 1,000 square the RU, Residential Urban, land use Council Member Reilly made a motion, seconded Member Pope-Ludlam, that the hearing be closed, ordinance be laid over for final adoption. by Council and said 31 3/16/92 The motion carried by the following vote: Ayes: Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Nays: Council Member Hernandez. Absent: None. Council Miller. CITY ATTORNEY PENMAN RETURNED At 2:35 p.m., City Attorney Penman returned to the Council meeting and replaced Deputy City Attorney Empeno. CITY ADMINISTRATOR CLARK RETURNED At 2: 36 p.m., City Administrator Clark returned to the Council meeting. RES. 92-105 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH NBS/LOWRY ENGINEERS & PLANNERS RELATING TO THE PROVISION OF RESIDENT ENGINEER/INSPECTION SERVICES FOR THE SOUTH "E" STREET BRIDGE WIDENING ACROSS THE SANTA ANA RIVER. (Discussed earlier in the meeting) (See Page 11) (16) City Attorney Penman stated that staff spoke with the City Attorney in Ontario who explained that the liability insurance clause depends on the size of the job, but normally was between $500,000 and $1 million, with no liability limits. The Deputy City Attorney in Glendale explained that an errors and omissions coverage clause is required, full indemnification, and a minimum of $1 million liability insurance depending upon the size of the job, with no liability limits. City Attorney Penman recommended that the standard form of agreement be revised based upon this survey; that the agreement with NBS/Lowry Engineers & Planners be approved, and that revisions be included in any future agreements of this nature. Council Member Hernandez made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 92-105 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Pope- Ludlam, Miller. Nays: Council Member Maudsley. Absent: None. RECESS MEETING - CLOSED SESSION (R-13) At 2: 38 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: E. to consider personnel matters pursuant to Government Code Section 54957. CLOSED SESSION At 2:38 p.m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 32 3/16/92 ROLL CALL Roll call was taken by City Clerk Krasney 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. Also present: Attorney's Office; Development Agency, Hills, CA. Senior Assistant City Attorney Barlow, City Tim Sabo, special counsel to the Economic 6320 Canoga Avenue, Suite #400, Woodland ADJOURN CLOSED SESSION At 2:54 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 2:54 p.m., Mayor Holcomb 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 "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney 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. ' ADJOURNMENT (35) At 2:54 p.m., Mayor Holcomb adjourned the regular meeting of the Mayor and Common Council, to Monday, April 6, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL KRASNEY City Clerk By ~N"~' ~ ~ Melanie Vale Deputy City Clerk No. of Items: 61 No. of Hours: 6 33 3/16/92