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Home My WebLink About04-06-1992 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING APRIL 6, 1992 COUNCIL CHAMBERS The regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Pro Tempore Reilly at 8:33 a.m., Monday, April 6, 1992 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: Mayor Pro Tempore Reilly; Council Members Reilly, Hernandez, Maudsley, Minor, Miller; Sr. Assistant City Attorney Morillo, City Clerk Krasney, City Administrator Clark. Absent: Mayor Holcomb; Council Members Estrada, Pope-Ludlam. RECESS MEETING - CLOSED SESSION (1) At 8: 33 a. m., the Mayor and Common Counc il 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 4/6/92 f. to confer with the attorney regarding Ii 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: 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 Valley 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 San Bernardino vs. San Manuel Band of Indians. et al - United States District Court - Case 6899 WJR' (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. City of San Bernardino. et al San Bernardino Superior Court - Case No. 250971; Alexander Davis vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 261110; Brenda Anderson vs. City of San Bernardino - San Bernardino Superior Court Case No. 243039; Petrillo vs. Citv of San Bernardino Superior Court Case No. 255735; San Bernardino Bustamante vs Hair/Citv of San Bernardino - San Bernardino Superior Court Case No. 266119; 2 4/6/92 Weslev vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 265422; Citv of San Bernardino vs. Skadron - San Bernardino Superior Court Case No. 266719. CLOSED SESSION At 8:33 a.m., Mayor Pro Tempore Reilly called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Pro Tempore Reilly; Council Members Reilly, Hernandez, Maudsley, Minor, Miller; Ci ty Clerk Krasney, Ci ty Administrator Clark. Absent: Mayor Holcomb; Council Members Estrada, Pope-Ludlam. Also present: Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office; Robert Simmons, Deputy City Attorney; Richard Morillo, Sr. Assistant City Attorney. MAYOR HOLCOMB ARRIVED At 8:35 a.m., Mayor Holcomb arrived at the closed session. READING OF RESOLUTIONS AND ORDINANCES Deputy City Clerk Jones read the titles of all the resolutions and ordinances on the regular, supplemental and Community Development Commission agendas while the Council was in closed session. COUNCIL MEMBER At 8:37 a.m., closed session. POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the ADJOURN CLOSED SESSION At 9:29 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 9:32 a.m., Mayor Holcomb called the regular meeting of the Mayor and Common Council to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, pope-Ludlam, Miller; Sr. Assistant City Attorney Morillo, City Clerk Krasney, City Administrator Clark. Absent: None. 3 4/6/92 INVOCATION The invocation was given by Phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Minor. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member pope-Ludlam left the Council meeting. ANNOUNCEMENT BY COUNCIL MEMBER ESTRADA MARKET - MAIN STREET, INC. FARMER'S (2) Council Member Estrada congratulated Main Street, Inc., of San Bernardino, for implementing the Farmer's Market program held every Saturday morning during the hours of 9:00 a.m. to 1:00 p.m., on the corner of Court and "E" Streets. PUBLIC COMMENTS There were no public comments agenda. (3) during this portion of the APPOINTMENT ANIMAL CONTROL COMMISSION MEMBERS - AMANDA S. FERREN ALTERNATE (4) In a memorandum dated March 12, 1992 Mayor "Bob" Holcomb requested the appointment of Amanda S. Ferren, 875 W. Vista Dr. San Bernardino, Ca., 92405, as an alternate member to the Animal Control Commission. Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the appointment of Amanda S. Ferren, as an alternate member to the Animal Control Commission, be approved. APPOINTMENT ANIMAL ADVISORY COMMISSION, MEMBER - LAURA J. WINKING ALTERNATE (4) In a memorandum dated March 12, 1992, Mayor "Bob" Holcomb requested the appointment of Laura J. Winking, 862 W. Vista Dr. San Bernardino, Ca., 92405, as an alternate member to the Animal Advisory Commission. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the appointment of Laura J. Winking, as an alternate member to the Animal Advisory Commission, be approved. 4 4/6/92 PROCLAMATION - THURSDAY, APRIL 9, EXPO DAY 1992 - HEALTH FAIR (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution proclaiming Thursday, April 9, 1992, as Health Fair Expo Day in the City of San Bernardino. Jack Longo, Health Fair Coordinator, and Caroline Walton, Publicity Coordinator, from Patton Hospital accepted the resolution, and invited the community to attend the 9th Annual Health Fair at Patton State Hospital, Thursday, April 9, 1992. Mr. Longo presented Mayor Holcomb with a pin commemorating the 15th year Health Care Expo. PROCLAMATION - WEEK OF APRIL 6 THROUGH 10, 1992 - SAN BERNARDINO SPIRIT BASEBALL WEEK (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution proclaiming the week of April 6 through 10, 1992 as San Bernardino Spirit Baseball Week. Judi Thompson, Interim Executive Vice-President, San Bernardino Chamber of Commerce, and John LeCompte, General Manager, Spirit Baseball Team, accepted the resolution. COUNCIL MEMBER At 9:46 a.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the Mr. LeCompte presented Mayor Holcomb with a T-shirt on behalf of the Spirit Baseball Team and invited the community to attend the minor league baseball games this season at Fiscalini Field. PROCLAMATION WEEK OF APRIL 5 THROUGH 11, NATIONAL LIBRARY WEEK 1992- (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution proclaiming the week of April 5 through 11, 1992 as National Library Week. Marion Vassilakos, Assistant City Librarian, accepted the resolution. Ms. Vassilakos announced that the American Library Association has a toll free number 1-800-530-8888 for the public to call in their support of libraries nationwide. The Mayor and Council gave special recognition to Dave Light, member of the Library Board of Trustees. 5 4/6/92 RESOLUTION COMMENDING - PAUL HARRIS - APPREHENSION OF INDIVIDUAL DEFACING PROPERTY WITH GRAFFITI (4) Lt. Steve Jarvis, Area Commander spoke of the increased graffiti problem local communities, and the combined Department and Code Enforcement in problem. for Central Corridor, in San Bernardino and in efforts of the Police combating the graffiti J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending Paul Harris for his courageous demonstration of civic pride in witnessing and apprehending an individual spraying graffiti on City property and detaining the individual until the police arrived. Mr. Paul Harris accepted the resolution. Mayor Holcomb explained that the City adopted Resolution No. 89-436, establishing a reward of $1,000 for information leading to the arrest and conviction of any person willfully defacing or putting graffiti on public or private buildings or property. Mayor Holcomb stated that he would ask WE-TIP to grant the maximum award of $1,000 to Mr. Harris. Mayor Holcomb further stated proposal to the Council to impose a on businesses within the City. that he will present a special spray paint can tax A RESOLUTION OF THE MAYOR AND COMMON COUNCIL, CITY OF SAN BERNARDINO, DECLARING THE NECESSITY OF THE TAKING, IN FEE SIMPLE ABSOLUTE, ASSESSOR'S PARCEL NUMBER 148- 122-01 PTN., THAT PORTION OF THE NORTH TWENTY-FOUR (24) ACRES OF LOT 2, BLOCK 83, OF RANCHO SAN BERNARDINO, AS PER PLAT RECORDED IN BOOK 7, PAGE 2 OF MAPS, OFFICIAL RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, CONSISTING OF 6.33 NET ACRES, FOR THE PUBLIC USE OF A WATER STORAGE RESERVOIR AND PUMPING FACILITY. (41) Council Member Maudsley made a motion, seconded by Council Member Hernandez, and unanimously carried, that said resolution be continued to April 20, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. WAIVE READING OF RESOLUTIONS AND 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 and Community Development Commission agendas, be waived. 6 4/6/92 COUNCIL MINUTES APPROVAL (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 9, 1992; January 13, January 23, 1992; February 17, and March 7, 1992. 1992; January 15, 1992; 1992; February 25, 1992; FACILITIES MANAGEMENT REORGANIZATION (7) In a memorandum dated March 13, 1992, Barbara Dillon, Director of Personnel, on behalf of Fred Wilson, Acting Director of Facilities Management, requested the reorganization of the Facilities Management Division by establishing a position of Facilities Manager to serve as division head. The Facilities Superintendent would supervise the Parking Enforcement Control, Vehicle Abatement Operation, and the Administration Section. The Facilities Manager position would replace the position of Director of Facilities Management, which was eliminated by Council during mid-year budget actions. It is further proposed that the current Energy Management Coordinator be made acting Facilities Manager at this time, thus leaving the Energy Management Coordinator position vacant to create additional salary savings. Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that the salary range of the Facilities Maintenance Superintendent be increased to Range 4416, $3,531 - $4,292/month. Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that a new position be established of Facilities Manager at Range 4426, $3,711- $4,512/month, 5% above the range of Facilities Maintenance Superintendent. Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that the position of Energy Management Coordinator be vacated. Council Member Miller made a motion, Member Estrada, and unanimously carried, Department update Resolution 6413, Section 6433. seconded by Council that the Personnel 10, and Resolution 7 4/6/92 UNDERGROUNDING OF OVERHEAD UTILITIES UNDERGROUND UTILITY DISTRICT NO. 19 - WATERMAN AVENUE, BETWEEN 9TH STREET AND SANTA ANA RIVER --AUTHORIZATION TO PROCEED (8) In a memorandum dated March 13, 1992, Roger G. Hardgrave, Director of Public Works/City Engineer, reported that several property owners have not completed the necessary work to convert all overhead utilities to underground from their property line to the service point. Property owners within the first phase, which extends along Waterman Avenue from 5th Street to 9th Street, were notified that all work was to be performed within thirty days. An inspection of all properties in the first phase was done after the thirty-day notice, and ten property owners have not completed the necessary work. The cost for the Public Works/Engineering Division to complete the necessary work would be paid out of the Assessment District Reserve Fund, which would be reimbursed through assessments collected on the property tax rolls. Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that pursuant to Chapter 13.36 of the San Bernardino Municipal Code, the Director of Public Works/City Engineer is hereby authorized and directed to cause the installation of underground utilities for the following parcels located within Underground Utility District No. 19: 0135-051-09, 0135-051-20, 0135-051-23, 0140-241-11, 0140- 241-17,0140-241-31,0278-141-22,0278-141-25,0278-161-33, 0279-011-39. SET PUBLIC HEARING - APRIL AMENDMENT TO CURRENT RATES RECREATION FACILITIES SAN SCHOOL DISTRICT 20, 1992 FOR USE BERNARDINO 10:00 A.M.- OF PARK AND CITY UNIFIED (9) In a memorandum dated March 10, 1992 Annie F. Ramos, Director of Parks, Recreation and Community Services, requested that a public hearing be set for April 20, 1992 at 10:00 a.m., to receive public input on the amendment of Resolution No. 91-35, to establish 50% of the current rates for use of Sturges Auditorium and other park and recreation facilities by the San Bernardino City Unified School District. 8 4/6/92 Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that a public hearing relative to the modifications of fees for use of public buildings, sports facilities, park and recreation facilities, alcohol use permits, parks and parking lots, equipment and services, and Sturges Auditorium be set for April 20, 1992, at 10:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. SET PUBLIC HEARING - APRIL 20, 1992 10:00 INCREASE IN SERVICES, MATERIALS AND BURIAL FEES A.M.- (10) In a memorandum dated March 16, 1992, Dan Ustation, Cemetery Superintendent, stated that the Cemetery Department reviewed price comparisons for materials, services and burial fees in privately owned and other municipal cemeteries in the area. The proposed increase would generate an additional $35,000 in revenue for the City. Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that a public hearing be set for April 20, 1992, at 10:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to discuss increases in services, materials and burial fees. ACTION GRANT IN COMPANION PROGRAM THE AMOUNT OF $238,487 SENIOR - JULY 1, 1992 THROUGH JUNE 30, 1993 (11) In a memorandum dated March 25, 1992, Annie F. Ramos, Director of Parks, Recreation and Community Services, stated that the Senior Companion Program is one in which low-income seniors serve as companions for frail elderly or disabled seniors to help them to remain in their homes or return to their own homes, thus avoiding institutionalization. The Senior Companions are volunteers who receive an untaxed stipend of $2.45 per hour plus help with lunch and transportation. The City provides a total local match of $60,920 which includes salaries for full and part time employees and expenses for volunteers. This program has 60 companions who provide 252 clients with over 5,627 hours of service each month. Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that the Director of Parks, Recreation and Community Services be authorized to apply for and administer an Action Grant in the amount of $238,487, to continue the Senior Companion Program for the period of July 1, 1992 through June 30, 1993. 9 4/6/92 CHANGE ORDER NO. FOUR - REDUCE INSPECTIONS ON DOORS- REPAIR AND MAINTENANCE OF OVERHEAD DOORS - EXTENSION OF CONTRACT FOR ONE YEAR FROM JULY 1 , 1992 TO JUNE 30 , 1993 INLAND OVERHEAD DOOR COMPANY (12) In a memorandum dated March 23, 1992, Roger G. Hardgrave, Director of Public Works/City Engineer, requested approval of Change Order No. Four, to the contract with Inland Overhead Door Company to extend the terms of the contract for one year, July 1, 1992 to June 30, 1993; and to reduce the frequency of inspections on the overhead doors. The proposed changes would reduce the contract price from $27,721.00 to $19,205.00 with a savings of $8,516.00 over the original contract price. Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that Change Order No. Four, to the contract with Inland Overhead Door Company, for the repair and maintenance of overhead doors in accordance with Plan No. 7663, be approved; to renew the contract for an additional one-year period from July 1, 1992 to June 30, 1993; and to reduce the frequency of inspections on the doors at a reduction in the annual contract price of $8,516, from $27,721 to $19,205. CHANGE ORDER NO. TWO - SWEEPING SERVICES FOR CENTRAL CITY MALL - EXTENSION OF CONTRACT - ONE YEAR FROM JULY 1, 1992 TO JUNE 30, 1993 - ARROW POWER SWEEPING (13) In a memorandum dated March 26, 1992, Roger G. Hardgrave, Director of Public Works/City Engineer, recommended approval of Change Order No. Two, to extend the contract with Arrow Power Sweeping for a period of one year from July 1, 1992 to June 30, 1993 for sweeping services for the Central City Mall surface parking lots and three-level parking structure. The contract unit price would increase five percent, from $47,698.00 to $50,082.90. Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that Change Order No. Two to the contract with Arrow Power Sweeping, for sweeping services for the Central City Mall surface parking lots and three-level parking structure, in accordance with Plan No. 7085, be approved; and to extend the contract for a period of one year from July 1, 1992 to June 30, 1993, at a 5% increase to the annual contract unit price, from $47,698 to $50,082.90. SUMMER 1992 CHILDREN'S FOOD SERVICE PROGRAM - APPLY AND ACCEPT GRANT FROM USDA (15) In a memorandum dated March 27, 1992, Annie F. Ramos, Director of Parks, Recreation and Community Services, stated that the federally-funded summer lunch program has been successfully 10 4/6/92 operated for the past 17 years. The summer lunch program provides nutritional help to children who would otherwise be deprived of food assistance received at other times of the year under the National School Lunch Program. Meal preparation and delivery are contracted with the San Bernardino City Unified School District and is fully funded from the USDA Grant. Additionally, approximately $7,200 in administrative costs are reimbursed to the City. Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that the Parks, Recreation and Community Services Department Director be authorized to apply for and accept a grant from USDA for the administration of the Summer 1992 Food Service Program for Children. SET PUBLIC HEARING - MAY 4, 1992 - 10:00 A.M. ESTABLISH ANIMAL-RELATED PERMIT FEES - TO (16) In a memorandum dated March 25, 1992, Deborah L. Biggs, Director of Animal Control, requested that a public hearing be set for May 4, 1992, at 10:00 a.m., to establish animal-related permit fees. The fee schedule has not been updated since 1973. Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that a public hearing be set for May 4, 1992 at 10:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to establish animal-related permit fees. SET PUBLIC HEARING - MAY 4, 1992 - 10:00 A.M. ESTABLISH LICENSE FEES FOR DOGS - TO ( 17) In a memorandum dated March 25, 1992, Peggy Ducey, Assistant to the City Administrator, stated that to reduce the General Fund contribution to the Animal Control budget, and to increase the percentage to which the department's operations are self- supporting, a diverse revenue enhancement campaign for the Animal Control Department is proposed. The proposal would include the following programs: Pilot veterinary partnership program, whereby veterinarians would offer licenses for sale; printing of license forms for dog owners, who could simply fill out the form and mail it back with a check to Animal Control; and the enacting of an ordinance requiring veterinarians to forward copies of rabies vaccinations to Animal Control thus increasing the number of dogs licensed. The programs described are expected to generate an additional $28,750 in licensing revenue. Combined with the increase in licensing fees the total revenue will be $56,250. 11 4/6/92 Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that a public hearing be set for May 4, 1992 at 10:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to establish license fees for dogs. CLAIMS AND PAYROLL (18) 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 (19) 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 23, 1992, in accordance with all administration regulations of the City of San Bernardino, be approved. RES. 92-106 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE OFFICE OF EMERGENCY SERVICES FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL FINANCIAL ASSISTANCE IN CONJUNCTION WITH THE DECLARED STATE OF EMERGENCY ISSUED FOR THE COUNTY OF SAN BERNARDINO AS A RESULT OF RAIN STORMS BETWEEN FEBRUARY 10 - 17, 1992. (20) RES. 92-107 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN SAID CITY AND SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT RELATING TO THE USE OF RECREATIONAL FACILITIES AND REPEALING RESOLUTION 11162. (22) RES. 92-108 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT RELATING TO THE CENTRAL NAME INDEX COMPUTER SYSTEM. (23) RES. 92-109 - 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. (24) 12 4/6/92 RES. 92-110 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO -AGREEMENT WITH THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO MODIFICATION OF TRAFFIC SIGNALS AT HIGHLAND AVENUE (STATE ROUTE 30) AND PALM AVENUE. (25) RES. 92-111 A RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A NAME FOR THAT CERTAIN UN- NAMED NORTH/SOUTH STREET LOCATED NORTH OF SIXTH STREET AND WEST OF DEL ROSA AVENUE AS ROMO ROAD, WITHIN THE CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO, EFFECTIVE AS OF THE DATE OF ADOPTION OF THIS RESOLUTION. (26) RES. 92-112 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A BOUNDARY FOR A PORTION OF CITY OWNED PROPERTY LOCATED ON THE SOUTHERLY SIDE OF BELMONT AVENUE, WESTERLY OF MAGNOLIA AVENUE, AND DEDICATION OF SAME FOR STORM DRAIN PURPOSES. (27) RES. 92-113 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 59 (REV. 1) OF LOCAL AGENCY FEDERAL-AID SAFETY IMPROVEMENT PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO THE INSTALLATION OF TRAFFIC SIGNALS AND STREET IMPROVEMENTS ON NINTH STREET AND DEL ROSA AVENUE. (28) RES. 92-114 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO THE INSTALLATION OF LEFT TURN PHASES ON HIGHLAND AVENUE (STATE ROUTE 30) AND LINCOLN AVENUE. (29) RES. 92-115 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF REDLANDS RELATING TO THE INSTALLATION OF GUARDRAIL ON PALM AVENUE AT THE CITY CREEK CHANNEL. (30) RES. 92-116 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITIES OF REDLANDS AND HIGHLAND RELATING TO THE CONSTRUCTION OF IMPROVEMENTS ON ALABAMA STREET. (31) 13 4/6/92 RES. 92-117 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GTS ASSOCIATES, INC. RELATING - TO THE PROVISION OF PROFESSIONAL ENGINEERING DESIGN SERVICES FOR EXTENSION OF STORM DRAIN IN MILL STREET, FROM THE EXISTING TERMINUS WESTERLY OF PENNSYLVANIA AVENUE TO WESTERLY OF RANCHO AVENUE. (32) RES. 92-118 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO NEVADA RESTROOM FACILITIES, LTD., FOR CONSTRUCTION OF RESTROOM/STORAGE BUILDINGS AT AL GUHIN AND SECCOMBE LAKE PARKS. (33) RES. 92-119 - RESOLUTION OF THE CITY OF AWARDING A CONTRACT TO ALLIED SPRINKLER FOR PHASE I EXPANSION OF NUNEZ PARK. SAN BERNARDINO COMPANY, INC., (35) RES. 92-120 - RESOLUTION OF THE CITY OF SAN BERNARDINO GRANTING AN EASEMENT TO SAN BERNARDINO ASSOCIATED GOVERNMENTS, OVER CITY -OWNED PROPERTY LOCATED ON THE WEST SIDE OF ARROWHEAD AVENUE, BETWEEN 4TH STREET AND 5TH STREET. (36) RES. 92-121 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ASL CONSULTANTS, INC. RELATING TO THE PROVISION OF PROFESSIONAL ENGINEERING DESIGN SERVICES FOR WIDENING THE KENDALL DRIVE AND CAJON BOULEVARD BRIDGES OVER THE DEVIL'S CANYON FLOOD CONTROL CHANNEL. (37) RES. 92-122 - RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THE AMOUNT OF PROPERTY TAX REVENUES TO BE EXCHANGED BETWEEN AND AMONG THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO, RESULTING FROM THE JURISDICTIONAL CHANGE DESCRIBED BY LAFCO 2713, FOR THE AREA GENERALLY LOCATED SOUTH OF 3RD STREET, EAST OF LENA ROAD. (38) Council Member Miller made a motion, seconded by Council Member Estrada, that said resolutions be adopted. Resolution Nos. 92-106, 92-107, 92-108, 92-109, 92-110, 92- 111,92-112,92-113,92-114,92-115,92-116,92-117,92-118,92- 119, 92-120, 92-121, and 92-122 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, pope-Ludlam, Miller. Nays: None. Absent: None. 14 4/6/92 REQUEST FOR FUNDING ASSISTANCE AND WAIVER OF FEES - 4TH OF JULY CELEBRATION - SECCOMBE LAKE PARK (14) In a memorandum dated March 19, 1992, John Kramer, Superintendent of Recreation, reported that the City of San Bernardino, in conjunction with the Inland Empire Symphony, is conducting the 1992 4th of July community celebration at Seccombe Lake Park from 3:00 p.m. to 9:00 p.m. The 4th of July Committee requested $20,805 to offset their costs. In addition, the funding request includes a waiver of fees for use of City manpower, equipment and facilities connected with the celebration in the amount of $5,600. The Ways and Means Committee supported the funding request in the amount of $20,805. Council Member Estrada made a motion, seconded by Council Member Miller, that the request from the 4th of July Committee for funding assistance in the amount of $20,805, to offset costs connected with the 1992 4th of July celebration at Seccombe Lake Park, be approved; and further, that expenses incurred by the use of City forces, equipment and facilities, Police and Fire personnel, be waived. The Members Miller. motion carried by the following vote: Ayes: Council Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam, Nays: Council Member Minor. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE BROADWAY CELEBRITY PLAY SEASON FOR THE PROMOTION OF ARTS AND CULTURE. (21) Council Member Estrada made a motion, seconded by Council Member Minor, and unanimously carried, that said resolution be continued to May 4, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to obtain more information from the Director of Cultural & International Affairs. RES. 92-123 - ADOPTING THE PROGRAM. RESOLUTION OF THE CITY OF SAN BERNARDINO 1991/92 TO 1995/96 CAPITAL IMPROVEMENT (34) Roger G. Hardgrave, Director of Public Works/City Engineer, answered questions regarding priorities and funding appropriations for the 1991/92 to 1995/96 Capital Improvement Program. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. 15 4/6/92 Resolution No. 92-123 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, pope-Ludlam, Miller. Nays: -None. Absent: None. RES. 92-124 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MARSHALL & STEVENS, INCORPORATED, TO PERFORM A PERPETUAL FIXED ASSET INVENTORY OF THE CITY OF SAN BERNARDINO AND TO RECONCILE THIS INVENTORY TO ACCOUNTING POLICY AND PROCEDURES. (39) An inquiry was made regarding why the Nicholson Community Center was excluded from the agreement. It was determined that an oversight occurred, and that the Nicholson Community Center would be included in the property schedule section of the agreement. A discussion ensued regarding a depreciation factor being included in the auditor's report. Council Member Hernandez made a motion, seconded by Council Member Estrada, that said resolution be adopted Resolution No. 92-124 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, pope-Ludlam, Miller. Nays: None. Absent: None. RES. 92-125 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE ANNEXATION OF A SINGLE FAMILY RESIDENCE LOCATED AT 3741 LUTHER STREET TO THE CITY'S SEWER SYSTEM MERLE SESSIONS (40) Mayor Holcomb supported the request of Merle Sessions to connect an existing single-family residence located at 3741 Luther Street, an unincorporated County area of Muscoy, to the City's sewer system with the understanding that the applicant apply for annexation and pursue with due diligence. It was pointed out that Mr. Sessions has agreed to be annexed into the City as a condition of receiving City sewer service. Council Member Minor made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 92-125 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Pope- Ludlam, Miller. Nays: Council Member Maudsley. Absent: None. 16 4/6/92 ORD. MC-826 - 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 BERNARDIN6 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. Final (42) A member of the Council expressed concern that the 1000 square feet minimum room size standard in RU, Residential Urban land use designations, would preclude large families from purchasing adequate housing in the City. Council Member Reilly made a motion, seconded by Council Member Minor, that said ordinance be adopted. Ordinance MC-826 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Miller. Nays: Council Member Hernandez. Absent: None. REQUEST TO CONSIDER MOBILE HOMES AND DISTRICT 1000 ORDINANCE RELATING TO SALE OF PROTEST HEARING ON ASSESSMENT (5-2) & (49) Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the Mayor and Council consider agenda Item Nos. S-2, and 49, out of sequence, to afford the public an opportunity to speak. ORD. MC-827 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SUBSECTION 8.90.050.B.2 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE ALLOWED RENTAL RATE INCREASES UPON THE SALE OF MOBILE HOMES IN MOBILE HOME PARKS AND DECLARING THE URGENCY THEREOF. Uraencv (S-2) Mayor Holcomb stated that the Mayor and Council previously repealed a portion of the mobile home rent control ordinance that retained rent control and placed a ten percent cap on the amount of increases that could be imposed on a mobile home that was sold. Because of the lawsuit that was filed against the City of Escondido, where park owners were seeking damages for unlawful taking of their property, the City has amended its ordinance. It was recommended that the City's mobile home rent control ordinance be re-established to impose vacancy control with a zero cap on increases when a mobile home is sold. Sr. Assistant City Attorney Morillo read the title of the ordinance. 17 4/6/92 Council Member Pope-Ludlam made Council Member Estrada, and unanimously reading of the ordinance. a motion, seconded by carried, to waive further Council Member Hernandez made a motion, seconded by Council Member Estrada, that said urgency ordinance be adopted. A discussion ensued regarding the Supreme Court decision in the Yee vs. Escondido case which upheld the right of the City of Escondido to impose a cap on rent increases against a challenge, and that such an action was the physical taking of property. Sr. Assistant City Attorney Morillo explained that based on the Supreme Court's decision, the City Attorney's Office has prepared an ordinance to impose a zero cap on increases when mobile homes are sold. The only rental increases that would be allowed are those which would have been applicable had the mobile home not been sold. Ordinance MC-827 was adopted by the following vote: Council Members Estrada, Reilly, Hernandez, Maudsley, pope-Ludlam, Miller. Nays: None. Absent: None. Ayes: Minor, RECESS MEETING At 10:24 a.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 10:34 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 with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam; Sr. Assistant City Attorney Morillo, City Clerk Krasney, City Administrator Clark. Absent: Council Member Miller. PROTEST HEARING ORDERING WORK WATERMAN AVENUE LANDSCAPE AND MAINTENANCE CONSTRUCTION ASSESSMENT DISTRICT NO. 1000, BETWEEN BASELINE STREET AND INTERSTATE 10 FREEWAY (49) This is the time and place set for a protest hearing for the proposed Waterman Avenue Landscape and Maintenance Construction Assessment District No. 1000. Assessment District No. 1000 would provide landscape maintenance improvements along Waterman Avenue, between Baseline Street, and the I-10 Freeway. 18 4/6/92 A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED INSTALLATION AND MAINTENANCE OF LANDSCAPING IMPROVEMENTS IN THE AREA OF WATERMAN AVENUE, BETWEEN BASELINE STREET AND THE INTERSTATE 10 FREEWAY, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID INSTALLATION AND MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 1000, ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY. (49) Mayor Holcomb opened the hearing. Roger G. Hardgrave, Director of Public Works/City Engineer, stated that the proposed assessment district would provide for the installation and maintenance of landscaping on Waterman Avenue, between the 1-10 Freeway and Baseline Street. COUNCIL MEMBER MILLER RETURNED At 10:38 a.m., Council Member Miller returned to the Council meeting and took her place at the council table. City Engineer Hardgrave answered questions regarding the assessment costs applied to the property that are not located along Waterman Avenue. He stated that these property owners would be assessed one-half of the cost. Those properties that are removed a block or two from Waterman Avenue use Waterman Avenue to gain access to their property, and therefore receive a direct benefit. Mr. Hardgrave answered questions and stated that the one- half cent sales tax funds would not be eligible as a funding sources for this project, because it is not a street related improvement. Mr. Hardgrave suggested alternate funding sources, such as bond proceeds or Community Development Block Grant funds. Mr. Hardgrave stated that within the next six months, the unsightly utility poles located along Waterman Avenue will be removed and the utilities will be placed underground. Mayor Holcomb suggested that the Council keep an open until a meeting is arranged with the property owners' committee to determine how assessment fees can be reduced. mind area City Engineer Hardgrave pointed out that the assessment costs would not appear on the tax bill until December 1993. Dennis Johnson, representing Home Lumber Company located on Waterman Avenue, stated that Home Lumber Company owns approximately 400 square feet of property that extends into the wash area. He pointed out that Home Lumber Company favors the 19 4/6/92 project, but protests the costs that would be incurred by the business. He felt that an assessment cap should be placed on large landowners; and that the assessment costs be distributed Citywide. Mr. Johnson suggested that the Waterman Avenue landscape and maintenance project be funded as a benefit assessment distr~=t. Morris Smith, 300 E. Baseline Road, Claremont, Ca, and a partner of property located at 501 S. Waterman Avenue, stated that the proposal is flawed and does not account for assessment of commercial properties. He objected to any type of assessment that has a perpetual cost attached to it. He stated that if the desire is to have improved entrances to the City, with beautification along Waterman Avenue, the assessment costs should be limited, examined, and terminated in a specific time. James Stocker, 108 N. Waterman Avenue, objected to the proposed assessment district. Ellis Cohen, 401 S. Waterman Avenue, representing Auto Bays, at 450 N. Waterman Avenue, opposed the assessment district and indicated that he did not receive notification of the proposed assessment in a timely manner. He pointed out that Auto Bays has already installed landscaping for its business. Pauline Johnson, 462 San Felipe Road, read a letter of protest regarding the landscape and maintenance assessment district. The San Felipe Road property owners expressed concern that many of the property owners are senior citizens and cannot afford the assessment costs; that Waterman Avenue is a regional street, and therefore the costs should be distributed Citywide. Bev Hornell, 1385 S. Waterman Avenue, co-owner of 40 acres in the vicinity of Meadowbrook Dairy on Waterman Avenue, opposed the assessment district. Robert Long, 407 E. 9th Street, objected to the proposed assessment district. Steve Marutsos, property owner, objected to the creation of an assessment district. Bernice Bell Gallavan, of land in the area of expressed opposition to the 279 E. Kingman, owner of nine parcels the proposed assessment district, assessment district. Gary Robbins, 523 E. San Jacinto Street, protested the landscape and maintenance assessment district. 20 4/6/92 Daniel Green, 540 Pioneer Street, strongly objected to the proposed assessment district. Frank Hernandez, assessment district and into a toll road. 129 S. Allen Street, protested the proposed that Waterman Avenue be made William Holloway, 683 Valley View, and maintenance assessment district. improvements needed on Valley View Road improvements would be made. opposed the landscaping He spoke of street and inquired when these Mayor Holcomb acknowledged the problems associated with Valley View Road. He explained that in order to install all the street improvements needed in that area it would be extremely expensive. Ivory Baker, 404 E. Central Avenue, expressed objection to the assessment district. She stated that although she is paying a sewage fee, she is not receiving City sewer services. Dinah Valverde, 424 San Felipe Road, opposed the assessment district and offered to purchase and install landscaping trees on her own property. Sylvia Ramos, 426 San Felipe Road, protested the landscape and maintenance assessment district. Oleta Whipple, the need for basic neighborhood. 376 San Felipe Road, expressed concern over necessities such as curbs and gutters in her Ed Lewis, owner of property on Olive Street and Waterman Avenue, opposed the assessment district. Martina Eastley, 995 Foisy Street, objected to the assessment district and stated that the area where she lives does not have City sewers, nor curbs and gutters. John Moore, owner of property located on San Jacinto, opposed the landscape maintenance assessment district. He felt that since Waterman Avenue is a major thoroughfare, the assessment should be Citywide. Mrs. Willie Brue, 1063 S. Lincoln, stated that the Mayor and Council previously approved $400,000 in CDBG funds for landscaping Waterman Avenue. Mrs. Brue expressed concern regarding the selection process of representatives to serve on the area community committee. 21 4/6/92 Ms. McCray, 976 S. Lincoln, indicated that she does not use Waterman Avenue and objected to homeowners being assessed for landscape and maintenance improvements. Tanya Moorhead, 935 S. Lincoln, opposed the assessment district and stated that she cannot afford the assessment costs that would be imposed on the property. John Clay, a resident of the City, objected to the proposed assessment district. Dick Stevens, 649-651 S. Waterman, stated that he would like to see the entire City of San Bernardino beautified. Mr. Stevens stated that the assessment costs should be disbursed over the entire City; that the assessment should be based according to property size; and that some consideration should be given to those property owners who have already installed landscaping. Bessie Garrett, 225 E. Dumas, objected to the landscaping maintenance assessment district. Bob Cantu, 362 proposed assessment community committee options, before the district. North "D" Street, recommended that the district be postponed, and that an area be established to review all available City proceeds with creating an assessment Rev. Percy Harper, St. Mark Missionary Baptist Church, 259 E. Central Avenue, urged the Mayor and Council to deny the proposed assessment district. He proposed other sources of funding which includes use of Community Development Block Grant funds; and the allocation of funds from other beautification programs. He stated that the entire community should be involved in the process of creating an assessment district. Joe Bonadiman, 250 Lena Road, stated that he agrees with the proposed assessment district, but felt that the assessment costs should be more equitable by spreading the costs over the entire City. He proposed that before further action is taken that the City first identify a funding source then proceed with plans to create an assessment district. He suggested that the City consider the Economic Development Agency as a possible funding source for the assessment district. 22 4/6/92 Vernon Ward, 230 E. Hill Drive, area of the assessment district, maintenance assessment district. owner of five parcels in the opposed the landscape and James Stocker, 108 N. Waterman Avenue, objected to the assessment district and urged the Mayor and Council to deny the proposed assessment district. David Schultz, San Bernardino Association of Realtors, expressed opposition to the costs imposed by the assessment district. He felt that funding of the assessment district should come from the Economic Development Agency. He urged the Council to deny the assessment district and establish an area community committee to identify a funding source for the project. Donna Stocker, 108 N. Waterman, objected to the landscape and maintenance assessment district. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, and unanimously carried, that the protest hearing be closed. Mayor Holcomb suggested that the proposal to establish an assessment district be rescheduled to prepare for the selection of a committee comprised of ten individuals, and that a chairperson be nominated to review alternate funding sources for landscape and maintenance of Waterman Avenue. Mrs. Willie Brue suggested that staff be directed to research ways to equitably finance the assessment district; to meet with the area community committee to present funding alternatives, and if necessary, to refer the entire proposal to the Legislative Review Committee to provide future landscaping requirements for major arterials. She proposed that the area community committee be included in the policy-making process. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, that work for Waterman Avenue Landscape and Maintenance Construction Assessment District No. 1000, be denied. Discussion ensued regarding the community committee to consider alternate proposed assessment district. creation of an area funding sources for the Further discussions were held regarding regional Waterman Avenue. It was suggested that a regional fee be to pay for beautification of Waterman Avenue. use of imposed 23 4/6/92 Council Member Estrada made a substitute motion, seconded by Council Member Reilly, that staff be directed to look into the funding mechanics to accomplish the landscaping and maintenance of Waterman Avenue, rather than creating an assessment district; that staff be directed to come back at the next Council meeting with recommendations for Council's review; and that staff meet with area residents to discuss the alternative funding sources. The Council discussed the concerns of the residents, in that the proposed landscaping would not resemble the renderings presented by the City Engineer. Council Member Estrada withdrew her motion, and Council Member Reilly withdrew his second to the motion. City Engineer Hardgrave answered questions and stated that in order to expand and restructure the assessment district to equally distribute the assessment costs citywide, staff would be required to renotify all surrounding residents and property owners of the City's intent, and schedule another public hearing. Council Member Hernandez made a motion, that the matter relative to the ordering of work for the Waterman Avenue landscape and maintenance construction assessment district, be tabled; and that staff be directed to research alternative funding sources and bring back to the Mayor and Council in thirty days. The motion failed for lack of a second. Council Member Hernandez made a motion, seconded by Council Member Estrada, that the matter be tabled; and that staff be directed to research alternative sources of funding and bring back at the first Council meeting in May. (May 4, 1992) Discussion ensued regarding the boundaries of the proposed assessment distribute the costs among the residents. Ci ty extending the district to equitably Council Member Reilly made a substitute motion, to continue this matter for 30 days and come back with information on landscaping median strips. *Note: (The substitute motion died for lack of a second) City Clerk Krasney restated the motion made by Council Member Hernandez, seconded by Council Member Estrada, to table the matter and direct staff to research alternative sources of funding and bring back at the first Council meeting in May. (May 4, 1992) 24 4/6/92 The motion made by Council Member Hernandez, seconded by Council Member Estrada, carried by the following vote: Ayes: Council Members Estrada, Hernandez-, Pope-Ludlam, Miller. Nays: Council Members Reilly, Maudsley, Minor. Absent: None. Mayor Holcomb vetoed the motion. Council Member Reilly made a motion, Member Minor, to continue the matter for 30 alternatives. seconded by Council days and bring back The motion Members Reilly, Members Estrada, carried by the following vote: Ayes: Minor, Pope-Ludlam, Miller. Nays: Hernandez, Maudsley. Absent: None. Council Council Richard Morillo, notices would have informing them of the Sr. Assistant City Attorney, indicated that to be mailed to surrounding residents continuance. RECESS MEETING At 12:31 p.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 12:37 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 the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor; Sr. Assistant City Attorney Morillo, City Clerk Krasney, City Administrator Clark. Absent: Council Members Pope-Ludlam, Miller. ESTABLISH POLICY ON LIGHT USE FEES - NON-RESIDENT YOUTH SPORTS GROUPS (50) In a memorandum dated March 19, 1992, Annie F. Ramos, Director of Parks, Recreation & Community Services, stated that at a public hearing held on March 2, 1992, the Council directed staff to allow youth sports organizations to engage in energy conservation measures which would then be studied in August, 1992. This action consequently left the existing resolution intact and with it, the obligation to charge non-resident youth groups for ballfield light use on City facilities. 25 4/6/92 Two youth organizations which use City facilities are: Colton-Terrace Little League, wftich uses Colony Park; and Highland Little League, which uses three fields at Patton Park. The composition of Colton-Terrace Little League is approximately two percent City residents, while Highland Little League is comprised of approximately thirty percent City residents. John Kramer, Superintendent of Recreation, answered questions regarding whether revenue had been collected from the Colton-Terrace Little League and the Highland Little League. Mr. Kramer explained that Highland Little League had already started their program when the resolution establishing fees went into effect and that fees were never collected. Colton-Terrace Little League, which utilizes Colony Park, was a new organization and had not used the City fields when the resolution was adopted. Mr. Kramer stated that the anticipated revenue to be collected from Colton-Terrace Little League is $1400, and $5000 from Highland Little League. Discussion ensued regarding the actual number of City resident youths and non-resident youths participating in youth sports organizations which use city outdoor athletic facilities. Mayor Holcomb suggested that the City provide work opportunities for any organization to earn the fees to pay their fair share of the electrical costs for use of City facilities. David Harps, Assistant Administrator, District No. 43, Little League, answered questions regarding the percentage of city residents participating in youth sports. He explained that the Highland Little League is approximately 37 to 38% San Bernardino residents, excluding the 60 to 65 challenger children. The Huckaba Little League, which offers a program for physically handicapped children, is the only little league in the District to assume the responsibility of challenger children at no cost. Council Member Hernandez made a motion, seconded by Council Member Estrada, that the fees for light use on outdoor athletic facilities by non-resident youth organizations be waived through July 1, 1992. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Minor, Pope-Ludlam, Nays: Council Member Maudsley. Absent: None. Council Miller. 26 4/6/92 REQUEST TO LEASE CODDINGTON BRANCH LIBRARY FACILITY- "A SPECIAL PLACE CHILDREN'S MUSEUM" - TERRY FIELD (51) In a memorandum dated March 24, 1992, Shauna Clark, City Administrator, stated that on March 19, 1992, the Legislative Review Committee reviewed the request of Ms. Terry Field for the use of Coddington Branch Library for a children's museum called "A Special Place". Ms. Field is requesting a ten-year lease at $1 per year. She would make all necessary improvements to the building and assume full responsibility for maintenance and operational costs over the ten-year term of the lease. In a memorandum dated March 26, 1992, Dennis Barlow, Sr. Assistant City Attorney, advised the Mayor and Council concerning use of the Coddington Branch Library building. RES. 92-126 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH A SPECIAL PLACE FOR USE OF THE CODDINGTON BRANCH LIBRARY BUILDING AS A CHILDREN'S MUSEUM. (51) A discussion ensued regarding the terms of the lease agreement. The agreement included provisions that after the capital improvements have been made, the City would receive 5% of "A Special Place" gross revenues; that the City has the right to terminate the lease at any time with six months written notice; and if the City cancels the lease before the costs have been amortized, the City would be liable to reimburse "A Special place" an amount equal to fifty percent of the capital expenditures. Sr. Assistant regarding the City's available for use by City right other Attorney Morillo answered questions to make the Coddington Branch building public entities. Terry Fields, Director, "A Special Place Children's Hands on Museum", 2246 North Arrowhead Avenue, San Bernardino, Ca, thanked the Mayor and Council for their support and stated that she would do her best to make the project a success. Council Member Hernandez made a motion, seconded by Council Member Estrada, that said resolution be adopted. 27 4/6/92 Resolution No. 92-126 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Pope- Ludlam, Miller. Nays: Council Member Maudsley. Absent: None. RECESS MEETING At 1:04 p.m., Council Member Hernandez made a motion, seconded by Council Member Minor, to recess the meeting until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. *Note: No vote was taken. RECONVENE MEETING At 2:03 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 the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor; City Clerk Krasney, City Administrator Clark, Sr. Assistant City Attorney Morillo. Absent: Council Members Estrada, Pope-Ludlam, Miller. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 2:03 p.m., the Community Development Commission was called to order by Chairman Holcomb in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 92-127 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HEREBY PROCLAIMING AND DECLARING THE DESIGNATION OF APRIL 20 THROUGH 26, 1992, AS "NATIONAL COMMUNITY DEVELOPMENT WEEK '92"." (R-3) Council Member Hernandez made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 92-127 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor. Nays: None. Absent: Council Members Estrada, Pope-Ludlam, Miller. NEW BOARD MEMBERS FOR MOBILEHOME RENT BOARD (R-7) In a memorandum dated March 30, 1992, Kenneth J. Henderson, Executive Director of the Development Department, requested the appointment of Ms. Doris J. Wallack, 2744 West Rialto Avenue, Space 41, Rialto, Ca, as the alternate member to the Mobile Home Rent Board, representing homeowners; and that Mr. Russell Piper, 222 S. Rancho Avenue, Space 89, San Bernardino, Ca, who has been the alternate homeowner representative on the Mobile Home Rent Board, be appointed to the position as a regular member. 28 4/6/92 Council Member Hernandez made a motion, seconded by Council Member Reilly, and unanimously carried, that the Mayor and Common Council appoint Doris J. Wallack- of the Mobilehome Organized Residents Enterprise (M.O.R.E.) organization, as the alternate member and Russell Piper as a regular member of the Mobile Home Rent Board. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING The Council, acting as the Commission, took action on the remaining items on the Commission agenda: R-5, homeless shelter utility assistance program; R-8, San Bernardino Convention and Visitors Bureau Quarterly Report; R-9, Dukes-Dukes & Associates- Arrow Vista Homes. COUNCIL MEMBERS POPE-LUDLAM AND MILLER ARRIVED At 2:07 p.m., Council Members Pope-Ludlam and Miller arrived at the Council meeting and took their places at the council table. COUNCIL MEMBER ESTRADA ARRIVED At 2:12 p.m., Council Member Estrada arrived at the Council meeting and took her place at the Council table. RECESS MEETING At 3:32 p.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 3:41 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 the following Holcomb; Council Members Estrada, Reilly, Minor, Miller; Sr. Assistant City Attorney Krasney, City Administrator Clark. Absent: Ludlam. being present: Mayor Hernandez, Maudsley, Morillo, City Clerk Council Member Pope- COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 3:41 p.m., the Council, acting as the Commission, took action on the remaining items on the Community Development Commission agenda, specifically Item R-6, acceptance of property located at Foothill and Manzanita Drive. COUNCIL MEMBER At 3:42 p.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the 29 4/6/92 RES. 92-128 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO PACIFIC CITY GENERAL CONTRACTING, INC., FOR CONSTRU€TION OF A CONCRETE BLOCK SOUNDWALL ALONG STATE ROUTES 30/330 AT BUCKEYE STREET. (43) Roger G. Hardgrave, Director of Public Works/City Engineer, explained that the bid that was received was for the wrong type of wall and that staff had erred in not supplying the correct specifications to the contractor for construction of the soundwall. Discussion ensued regarding construction of an 8-foot block wall instead of a 6-foot wall. It was pointed out that an alternative funding source is being considered to finance the project. Council Member Maudsley made a motion, seconded by Council Member Hernandez, and unanimously carried, that the transfer of $31,000, from Account No. 129-309-57837, "Widen Tippecanoe Avenue (east side) from I-10 to Hardt Street," to Account No. 129-309- 57769, "Soundwall, Route 30/330 at Buckeye Street," be approved. Council Member Maudsley made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 92-128 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, pope-Ludlam, Miller. Nays: None. Absent: None. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 3:59 p.m., Council Member Pope-Ludlam left the Council meeting. COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council meeting. AN ORDINANCE OF CHAPTER 15.55 TO RELATING TO LOCAL RELATING TO MOBILE THE CITY OF SAN BERNARDINO ADDING THE SAN BERNARDINO MUNICIPAL CODE ENFORCEMENT OF LAWS AND REGULATIONS HOME PARKS. First (44) Council Member Minor made a motion, seconded by Council Member Maudsley, and unanimously carried, that said ordinance be continued to April 20, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council meeting and took her place at the council table. 30 4/6/92 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 1.16 OF THE SAN BERNARDINO MUNICIPAL CODE AND REESTABLISHING THE BOUNDARIES OF THE SEVEN WARDS OF THE CITY OF SAN BERNARDINO. First (45) Council Member Reilly made a motion, seconded by Council Member Minor, and unanimously carried, that said ordinance be laid over for final adoption. COUNCIL MEMBER POPE-LUDLAM RETURNED At 4:05 p.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. PUBLIC HEARING - ESTABLISHMENT OF A MONTHLY UTILITY DRAINAGE FEE - OPERATION AND MAINTENANCE OF FACILITIES (46) This is the time and place set for a public hearing on establishing a monthly utility drainage fee relating to the operation and maintenance of the storm drain system. In a memorandum dated March 23, 1992, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that the Federal Clean Water Act 33 U.S.C.A. 1342(p) requires permits for the control of pollutants from storm water discharges to waters of the United States. The permit conditions add substantial costs for mapping, reporting, inspection, monitoring and water quality testing. A preliminary estimated budget places total fiscal responsibility to the City of San Bernardino at an estimated level of $265,000 in 1992/93, for operation of the drainage facilities. Staff has prepared an Engineer's Report describing the methodology for determining the monthly storm drain service fee and how it would be collected. The proposed fee would be based upon the amount of water usage. The fee for a typical single family home would be approximately $0.30 per month. MC-828 - 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. Final (46) RES. 92-129 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING THE AMOUNT OF A MONTHLY SERVICE FEE FOR THE OPERATION AND MAINTENANCE OF THE STORM DRAINAGE SYSTEM WITH THE CITY. (46) Mayor Holcomb opened the hearing. 31 4/6/92 Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that the public hearing be closed. Roger G. Hardgrave, Director of Public Works/City Engineer, answered questions and stated that the proposed fee would be based on a percentage of the water usage and would appear on the water bill. A discussion ensued regarding Appendix A, located in the staff report, and the formula used to determine the shared costs allocated to the cities and County of San Bernardino for the National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement. City Engineer Hardgrave stated that if in the future the proposed fees are increased or decreased, a public hearing would be set to discuss the fee changes. Mr. Hardgrave stated that the monthly utility drainage fee would go into effect July 1, 1992. Council Member Maudsley made a motion, seconded by Council Member Reilly, that said ordinance be adopted. Ordinance MC-828 was adopted by the following vote: Council Members Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam, Miller. Nays: None. Absent: None. Ayes: Minor, Council Member Maudsley made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 92-129 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. PUBLIC HEARING - ORDERING STREET NAME CHANGE OF ROCA STREET, BETWEEN STERLING AVENUE AND MCKINLEY STREET TO SUNRISE LANE (47) This is the time and place set for a public hearing ordering the street name change of Roca Street, between Sterling Avenue and McKinley Street, to Sunrise Lane. In a memorandum dated March 11, 1992, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that the City initiated the request to change the name of Roca Street, between Sterling Avenue and McKinley Street, to Sunrise Lane. The change is in response to a request to help property owners and residents living in the area upgrade the entire area of the 46 four-plexes and seven vacant properties. 32 4/6/92 RES. 92-130 - RESOLUTION OF THE CITY OF SAN BERNARDINO CHANGING THE NAME OF ROCA STREET, BETWEEN STERLING AVENUE AND MCKINLEY STREET TO-SUNRISE LANE, WITHIN THE CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO, EFFECTIVE AS OF THE DATE OF ADOPTION OF THIS RESOLUTION. (47) Mayor Holcomb opened the hearing. Council Member Minor made a motion, Member Miller and unanimously carried, that and said resolution be adopted. seconded by Council the hearing be closed Resolution No. 92-130 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. PUBLIC HEARING ORDERING A STREET NAME CHANGE OF CAMPEAU DRIVE TO GANNETT PARKWAY CAMPEAU DRIVE, SOUTHERLY OF I-215, WESTERLY OF UNIVERSITY PARKWAY, NORTHERLY & SOUTHERLY OF HALLMARK PARKWAY FOR ONE BLOCK. (48) This is the time and place set for a public hearing ordering a street name change of Campeau Drive to Gannett Parkway which lies southerly of 1-215, westerly of University Parkway and both northerly/southerly of Hallmark Parkway for one block. In a memorandum dated March 11, 1992, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that The Sun Company requested to change the name of Campeau Drive to Gannett Parkway and has paid the $500 processing fee. Council Member Minor made a motion, seconded by Council Member pope-Ludlam, and unanimously carried, that the public hearing be closed and said resolution be adopted. Resolution No. 92-131 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. APPOINTMENT OF CITY'S BROKER OF RECORD FOR PROPERTY AND FIRE INSURANCE PROGRAM - FRANK B. HALL (52) In a memorandum dated March 26, 1992, Victor Lorch, Director of Risk Management, reported that at the request of the Mayor, staff was asked to explore ways of lowering the City's fire insurance premium. An RFP process was developed with eleven brokers and agents. Of the eleven brokers, five were subsequently invited to the second round of the process. After all proposals were reviewed, it was recommended that the Mayor and Council appoint Frank B. Hall as broker for the City. 33 4/6/92 Council Member Pope-Ludlam made a motion, seconded by Council Member Minor, and unanimously carried, that the firm of Frank B. Hall be selected to serve ~s the City's broker of record for the property and fire insurance program; and that the Risk Management Director and City Attorney be authorized to prepare a written agreement. AUTHORIZE NEGOTIATIONS WITH MOTOROLA, INC., - PURCHASE AND INSTALLATION OF MOBILE DATA TERMINAL (MDT) SYSTEM (53) In a memorandum dated March 25, 1992, Fred Wilson, Assistant City Administrator, reported that in August 1990, the Mayor and Council authorized the City Administrator to prepare a plan for the purchase and installation of an 800 MHz system for the City. The primary elements of the plan involved the preparation of a comprehensive radio communication plan; the hiring of the engineering communication firm of Omnicom; and proceeding with the purchase of a Mobile Data System (MDT) for the City. The need for the system is primarily based on the inability of the current communication system to accommodate existing and future growth. The total anticipated cost of the system is $1,000,000. Council Member Maudsley made a motion, seconded by Council Member Miller, and unanimously carried, that authorization be given to negotiate with Motorola, Inc., for the purchase and installation of a Mobile Data Terminal (MDT) System for the City. COUNCIL MEMBER MAUDSLEY EXCUSED Council Member Maudsley left the Council meeting. APPEAL - PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT NO. 91-39 - CONSTRUCT A BILLBOARD - 700 SOUTH BLOCK OF "E" STREET, ACROSS FROM ORANGE SHOW FAIRGROUNDS - GANNETT OUTDOOR CO., INC. - CON TIN U E D FROM MARCH 2, 1992 (54) This is the time and place continued to for an appeal of Planning Commission's denial of Conditional Use Permit No. 91-39, a request to construct a billboard on the same site that a billboard was removed to facilitate the construction of a retail center located on the west side of the 700 South block of "E" Street, across from the Orange Show Fairgrounds. In a memorandum dated February 24, 1992, Al Boughey, Director of Planning & Building Services, stated that staff was directed to pursue negotiations with the appellant, Gannett Outdoor Co., Inc., for the removal of two billboards located elsewhere in the City in exchange for the requested on-site replacement. Staff's understanding was that the applicant was offering the removal of a billboard located on the south side of Fitth Street, adjacent to the Platt Building, as well as another 34 4/6/92 located on the site of a surface mining operation at the south side of Fourth Street, east of Rancho Avenue. A concern of staff, prior to negotiating with the billboard company, was that a replacement billboard on the subject property should be reduced in height and area from what was originally proposed. Simply removing the other two billboards as an exchange is not viewed as adequate mitigation against the impact of a full-sized replacement on the subject property. Al Boughey, Director of Planning requested that this matter be continued further negotiations. & Building Services, for two weeks pending Council Member Minor made a motion, seconded by Council Member Reilly, and unanimously carried, that the appeal regarding Conditional Use Permit No. 91-39, to construct a billboard on the same site that a billboard was removed, be continued to April 20, 1992 in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. APPEAL - PLANNING COMMISSION'S DENIAL OF VARIANCE NO. 91-16 - SIGNAGE FOR LARGE CENTERS - WALMART - GATLIN- DOERKEN DEVELOPMENT CORPORATION CONTINUED FROM JANUARY 21, 1992 (55) This is the time and place continued to for an appeal of Planning Commission's denial of Variance No. 91-16, relative to the signage for a large center (Walmart) located on the north side of Highland Avenue at the termination of Boulder Avenue, approximately 400 feet east of Denair Avenue. In a memorandum dated March 20, 1992, Al Boughey, Director Planning and Building Services, stated that the request of Gatlin-Doerken Development Corporation is to allow signage in excess of the permitted number, size, and height; and to allow a sign program with additional colors and type styles. Variance No. 91-16 included eight requests for variance of Development Code sign standards. Two requests were approved, and the remaining six requests were denied. The denial of the remaining six requests were based upon the findings that there were no special circumstances applicable to the property, and that the granting of these variance requests could constitute a special privilege or advantage not afforded to other similar shopping centers in the vicinity or land use district. 35 4/6/92 Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that the Mayor and Common Council continue the appea~ to April 20, 1992, to allow Planning staff time to explore options for a Development Code amendment relative to freeway signage. COUNCIL MEMBER MAUDSLEY RETURNED Council Member Maudsley returned to the Council meeting and took his place at the council table. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member pope-Ludlam returned to the Council meeting and took her place at the council table. PUBLIC HEARING - GENERAL PLAN AMENDMENT NOS. 91-24 AND 92-03 - MT VERNON CORRIDOR PROJECT AND SPECIFIC PLAN NO. 9l-01 - PASEO LAS PLACITAS (56) This regarding Corridor, is the time and place set for a public hearing Paseo Las Placitas Specific Plan for the Mount Vernon and General Plan Amendment Nos. 91-24 and 92-03. In a memorandum dated March 12, 1992, Al Boughey, Director of Planning & Building Services, stated that the City initiated a request to adopt the various resolutions and ordinance to approve the Specific Plan, and to incorporate the Specific Plan into the Development Code. The Specific Plan, Paseo Las Placitas, establishes permitted uses, development standards, and design guidelines for the Mount Vernon Corridor. RES. 92-132 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 91-24 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (56) RES. 92-133 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 92-03 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (56) RES. 92-134 - RESOLUTION OF THE CITY OF SAN BERNARDINO TO CERTIFY THE ENVIRONMENTAL IMPACT REPORT; TO ADOPT THE MITIGATION MONITORING PROGRAM; AND TO ADOPT SPECIFIC PLAN NO. 91-01, PASEO LAS PLACITAS, FOR THE MOUNT VERNON CORRIDOR. (56) RES. 91-135 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING DESIGN GUIDELINES FOR DEVELOPMENT AND REHABILITATION PROJECTS LOCATED WITHIN THE BOUNDARIES OF PASEO LAS PLACITAS SPECIFIC PLAN. (56) 36 4/6/92 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 19.06.010 (2) (G), 19.10.030, 19.22.150 TABLE 22.01, AND 19.24.030 OF THE SAN BERNARDINO MUNICIPAL (DEVELOPMENT CODE) , TO INCORPORATE DEVELOPMENT STANDARDS, PERMITTED USES, SIGN REGULATIONS AND PARKING PROVISIONS, AS APPROVED IN THE PASEO LAS PLACITAS SPECIFIC PLAN, AND REPEALING ORDINANCES NO. MC-787, 791, AND 813 WHICH ESTABLISHED AND EXTENDED A DEVELOPMENT MORATORIUM IN CERTAIN AREAS SURROUNDING MOUNT VERNON AVENUE. First (56) Mayor Holcomb opened the hearing. George Aguilar, 844 Valencia Drive, Colton, CA, owner of property at 1208 W. Fifth Street, and 6th Street and Mount Vernon, expressed concern that his grandmother who owns several homes within the Fifth and Ninth Street corridor, would not be able to sell her properties or secure financing to rehabilitate her properties due to the proposed land use designations in the Pas eo Las Placitas Specific Plan. He spoke of instances where the City had changed the zoning requirements and lending institutions refused to approve FHA loans. SR. ASSISTANT CITY ATTORNEY MORILLO EXCUSED Sr. Assistant City Attorney Morillo left the Council meeting and was replaced by Deputy City Attorney Empeno. Al Boughey, Director of Planning and Building Services, stated that the Mayor and Council recently adopted an ordinance amending the Development Code to establish legally existing single-family dwelling units as permitted conforming uses in all land use districts citywide. Mr. Aguilar questioned how property owners would be able to secure financing to make repairs to their homes if the land use designations are changed. Mr. Boughey explained that the ordinance standards for additions, alterations and expansions family dwellings regardless of the zoning designation. establishes to single Mr. Aguilar explained that to obtain an FHA loan, lending institutions requires the City to prepare a letter stating that the City would not condemn or rezone the property during the 30- year term of the loan. Mr. Aguilar proposed that the City keep the residential land use designation, and then if a developer desires to build a project, he can apply for a variance. Mr. Aguilar stated that if the City does not have the funds to purchase homes in the Mt. Vernon Project area, the City should postpone the approval of the Paseo Las Placitas Specific Plan. 37 4/6/92 Mayor Holcomb stated that the City is proposing to merge all project areas to generate additional funds. Henry Empeno, Deputy City Attorney, concurred that the City could not legally provide a letter stating that for 30 years the City would keep the General Plan land use designation or zoning on a piece of property without any change. Deputy City Attorney Empeno suggested that the City could issue a letter to the lending institution stating that this property is a conforming use and is in compliance with the City's ordinances. Council Member Miller made Member Estrada, and unanimously closed. a motion, carried, seconded by Council that the hearing be Mr. Aguilar answered questions regarding the number of homeowners desiring to rehabilitate their homes. Mayor Holcomb suggested that the City Attorney prepare a legal opinion regarding the rights for legal conforming uses, and consult with the financial institutions on the procedures for securing loans on properties that are conforming uses. The Planning and Building Services Director added that through the adoption of the amendment to the Development Code, every single-family residence is now considered a conforming use. Council Member Reilly made a motion, seconded by Council Member Estrada, and unanimously carried, that said ordinance approving Development Code Amendment No. 92-05, to incorporate development standards and permitted uses in the Mount Vernon Corridor, be laid over for final adoption. Council Member Reilly made a motion, seconded by Council Member Estrada, to adopt the resolution approving General Plan Amendment No. 91-24, to modify the land use map along the Mount Vernon Corridor. Council Member Reilly made a motion, seconded by Council Member Estrada, to adopt the resolution approving General Plan Amendment No. 92-03, to modify the text to permit residential apartments and condominiums on the 2nd level above retail in the Mount Vernon Corridor. Council Member Reilly made a motion, seconded by Council Member Estrada, to adopt the resolution approving Specific Plan No. 91-01, for the Mount Vernon Corridor, certifying the Environmental Impact Report, and approving the mitigation monitoring program. 38 4/6/92 Council Member Reilly made a motion, seconded by Council Member Estrada, to adopt the resolution which incorporates design guidelines for the Mount Vernon Gorridor into the Development Code. Resolution Nos. 92-132, 92-133, 92-134, and 92-135 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the City Attorney be directed to prepare a legal opinion as to the legal rights pertaining to a conforming use. APPEAL - PLANNING COMMISSION'S DENIAL OF VARIANCE NO. 91-14 - TO ALLOW A FREEWAY IDENTIFICATION SIGN WHICH EXCEEDS THE MAXIMUM ALLOWABLE HEIGHT AND FACE AREA- 2885 N. DEL ROSA AVENUE - DONCO & SONS, INC. (57) This is the time and place set for an appeal of the Planning Commission's denial of Variance No. 91-14, a request to allow a freeway identification sign, which exceeds the maximum allowable height and face area located at 2885 N. Del Rosa Avenue, north of the crosstown 30 Freeway. The applicant is Donco & Sons, Inc. In a memorandum dated March 19, 1992, Al Boughey, Director of Planning & Building Services, stated that the applicant is requesting that a freeway identification sign be allowed for an existing service station and mini-market without direct freeway frontage, which exceeds the maximum allowable height and face area, as permitted in the CN, Commercial Neighborhood, General Plan land use designation and Freeway Corridor Overlay Districts. Mayor Holcomb opened the hearing. William Day, consultant for Donco & Sons, Inc., explained that at the time the original plans were submitted a request for freeway signage was submitted. City staff informed Donco & Sons, Inc., to wait until the Development Code was adopted before submitting a variance request. It was suggested that with the adoption of the Development Code, a variance may not be required, if the Code contained provisions for signage. Mayor Holcomb stated that he could support there were better maintenance and landscaping appearance of the service station. the request, if to enhance the 39 4/6/92 Fred Lyons, 2885 North Del Rosa Avenue, requested a 50' foot sign in order to compete with other businesses in the area. He stated that approval of the varianee would help his business and also help the City. He added that there has not been any opposition from residents in the area regarding the freeway sign. Al Boughey stated that the subject property is not adjacent to the freeway And is no longer in the freeway district. Mayor Holcomb suggested continuing weeks to allow staff time to prepare offset the request for a freeway sign. this matter for landscaping options two to Deputy City Attorney Empeno stated that competition is not a sufficient reason to approve a variance request. The Council must make a positive finding to grant the variance. Council Member Miller made a motion, seconded by Council Member Hernandez, to uphold the appeal, approve Variance 91-14 in concept, and refer the matter back to staff to prepare positive findings of facts and conditions of approval to include mitigating landscape requirements in the area. Al Boughey requested that the matter be continued to a subsequent meeting, to allow staff time to prepare the necessary findings. Council Member Miller made a substitute motion, seconded by Council Member Pope-Ludlam, that the appeal be continued for thirty days; uphold the appeal and approve Variance No. 91-14 in concept, and refer the matter back to staff for preparation of positive findings of fact and conditions of approval which could include mitigating landscaping improvements. K. T. Wickerham, AM/PM Development Supervisor, ARCO Products Company, 17315 Studebaker Road, Cerritos, CA 90701, urged the Mayor and Council to review the original intent of the project, which allowed a freeway sign. The substitute motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Pope- Ludlam, Miller. Nays: Council Member Minor. Absent: None. Discussion ensued regarding how other businesses in the area were allowed to have signs 85' to 90' in height. It was pointed out that freeway signage in excess of the maximum allowable height was allowed prior to the adoption of the Development Code. 40 4/6/92 APPEAL - PLANNING COMMISSION'S DENIAL OF VARIANCE NO. 91-20 - TO PERMIT AN ADDITIONAL WALL SIGN OVER THE NUMBER PERMITTED - KIDS "R" as BUILDING AT 6 6 6 SOUTH "E" STREET (58) This is the time and place set for an appeal on the Planning Commission's denial of Variance No. 91-20, to permit an additional wall sign over the number permitted for property located at 666 South "E" Street. The request was made by Alexis S. M. Chiu, Kane, Ballmer & Berkman. In a memorandum dated March 19, 1992, Al Boughey, Director of Planning & Building Services, stated that the applicant's request is not in conformance with the sign regulations as outlined in the Development Code, Table 22.01. The site size and layout does not deny fair sign visibility and, in addition, the Kids "R" Us business is advertised on the freestanding sign on "E" Street, which gives the business more visibility than other tenants of the center. Mayor Holcomb opened the hearing. Jim Brendall, representing Kids "R" Us Incorporated, requested one additional sign at the rear of the store. The 4 x 132 ft. sign would provide visibility from Inland Center Drive. Mayor Holcomb proposed that landscaping enhancements be considered as an offset for additional signage. Council Member Estrada made a motion, seconded by Council Member Reilly, to continue the matter for 30 days; uphold the appeal and approve Variance No. 91-20 in concept; and refer the matter back to staff for preparation of positive findings of fact and conditions of approval which could include mitigating landscaping improvements. The Members Miller. motion carried by the following vote: Ayes: Council Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam, Nays: Council Member Minor. Absent: None. PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 92-02- ESTABLISH NEW SIGN PROGRAM REQUIREMENTS AND STANDARDS- ESTABLISH MONUMENT SIGN STANDARDS FOR MULTI-TENANT CENTERS IN COMMERCIAL LAND USE DISTRICTS - SEE RELATED ITEM 55, PAGE 36 (59) This is the time and place set for a public hearing to consider Development Code Amendment No. 92-02, to establish new sign program requirements and standards, and to establish monument sign standards for multi-tenant centers in commercial land use districts. 41 4/6/92 In a memorandum dated March 11, 1992, Al Boughey, Director of Planning & Building Services, stated that the applicant, Gatlin-Doerken Properties, has reqaested an amendment to Chapter 19.22 of the Development Code, to establish new sign program requirements and standards, and to establish monument sign standards for multi-tenant centers in commercial land ,use districts. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 19.22.030, 19.22.040(2), 19.22.050(1), 19.22.070(1), 19.22.150, TABLE 22.01, OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO ADD DEFINITIONS TO THE SIGN CODE, ESTABLISH NEW SIGN PROGRAM STANDARDS, GIVE TEMPORARY WINDOW SIGNS AN EXEMPT STATUS, AND ESTABLISH STANDARDS FOR MONUMENT SIGNS FOR MULTI-TENANT CENTERS 25 ACRES OR MORE IN SIZE. (59) Mayor Holcomb opened the hearing. Al Boughey, Director of Planning & Building requested that this item be continued, as it relates Item No. 55, which pertains to freeway signage. Services, to agenda Mr. Boughey stated that the proposed ordinance would strengthen the Department's position in preparing findings to include mitigating measures for landscaping. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, and unanimously carried, that the appeal relative to Development Code Amendment No. 92-02, be continued to April 20, 1992 in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RENOVATION AND REPAIR OF PERRIS HILL PLUNGE AUTHORIZATION FOR APPLICATION AND ADMINISTRATION OF $1 MILLON HUD SPECIAL PURPOSE GRANT (S-l) In a memorandum dated April 1, 1992, Annie F. Ramos, Director of Parks, Recreation and Community Services, requested authorization for application and administration of the HUD Special Purpose Grant in the amount of one million dollars, for renovation and repair of perris Hill plunge and bathhouse. Use of this grant would enable the facility to be upgraded to current day health codes. The grant appropriation is expected in early summer with a target date for project completion in June 1993. 42 4/6/92 The perris Hill Plunge has numerous problems and sub- standard conditions that include: daily water loss of 70,000 gallons inadequate gutter drainage inadequate circulation outlets inadequate deck drainage and slope code and mechanical deficiencies in the chlorination and filtration system major deterioration in the bathhouse Council Member Reilly made a motion, seconded by Council Member Estrada, and unanimously carried, that the Parks, Recreation and Community Services Department Director be authorized to apply for and administer the $1 million HUD Special Purpose Grant for the renovation and repair of perris Hill plunge. DISCUSS AND TAKE POSSIBLE ACTION LOW INCOME HOUSEHOLDS AND MODIFICATIONS TO RESOLUTION 91-167 FALSE ALARM FEES AND ALARM PERMIT FEES (S-3) In a memorandum dated March 31, 1992, Mayor "Bob" Holcomb, stated that, since the new security alarm regulations and fees were adopted in March and May of 1991, the Police Department's Crime Prevention Division reported that residents and businesses have expressed concern over the equity of the fees. Many calls focused on the registration fees penalizing residents or businesses for false alarms. More importantly, the fees may severely affect those on limited fixed incomes. The yearly cost for the alarm registration fee is $25.00. Mayor Holcomb suggested that the to offer exemptions to low-income citizens, who have a need for burglar the $25.00 registration fee. City establish a program households and senior alarms and cannot afford Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that the matter relative to false alarm fees be referred to the Legislative Review Committee. Discussion ensued regarding the efforts of the Legislative Review Committee concerning permit registration fees and fines associated with false alarms. City Administrator Clark pointed out that the City has a 95% false alarm rate. The Police Department gives priority response to alarm calls, thereby reducing resources that would be available for other types of calls. 43 4/6/92 ADJOURNMENT (60) At 5: 19 p. m., the regular meeting of the Mayor and Common Council adjourned to 8:30 a.m., April 20, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL KRASNEY City Clerk No. of Items: 68 No. of Hours: 7 hrs. 20 min. 44 4/6/92