Loading...
HomeMy WebLinkAbout05-04-1992 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING MAY 4, 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 8:34 a.m., Monday, May 4, 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 Pro Tempore Reilly; Council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam; City Attorney Penman, City Clerk Krasney; Assistant City Administrator Wilson. Absent: Mayor Holcomb; Council Members Estrada, Miller. RECESS MEETING - CLOSED SESSION (1) At 8:34 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 5/4/92 f. to confer wi th the attorney regarding pending litigation pursuant to Government Code Section 54956.9 (c), so that the Council/Commission may decide whether to initiate litigation; 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 Val1ev Development Aaencv. et al - San Bernardino Superior Court Case No. 255222; Countv vs. Citv of San Bernardino !RDA) - San Bernardino Superior Court Case No. 258241; Citv of Indians. 6899 WJR San Bernardino vs. San Manuel Band of et al - United States District Court - Case (Bx) ; Mission No. 85- Saab vs. City of San Bernardino - Fourth District Court of Appeals Case No. E008652; Citv of San Bernardino vs. Libertv Cable T.V.. et al- United States District Court Case No. 82-6876 WMB; Citv of San Bernardino vs. County of San Bernardino. et al- Riverside Superior Court Case No. 207900; Tomas Armendariz. et al vs. James F. Penman. et al - United States District Court Case No. 91-5757 CMB (WRx); Brenda Anderson vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 243039; Citv of San Bernardino vs. Skadron - San Bernardino Superior Court Case No. 266719; Janet Summerfield vs. W.R. Holcomb. et al- United States Federal District Court - Case No. CV 91-731 AHS (RWR); Brenn vs. Hernandez/Citv of San Bernardino - San Bernardino Superior Court Case No. 263047; 2 5/4/92 CLOSED SESSION At 8:34 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 by City Clerk Krasney with the following being present: Mayor Pro Tempore Reilly; Council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam; City Attorney Penman, Ci ty Clerk Krasney, Ci ty Administrator Clark. Absent: Mayor Holcomb; Council Members Estrada, Miller. Also present: Fred Wilson, Assistant City Administrator; J. Lorraine Velarde, Executive Assistant to the Mayor; Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office; Robert Simmons, Sr. Deputy City Attorney; Richard Morillo, Sr. Assistant City Attorney; Donald Maynor, Attorney for the City of Palo Alto. 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. MAYOR HOLCOMB ARRIVED AT CLOSED SESSION At 8:41 a.m., Mayor Holcomb arrived at the closed session. COUNCIL MEMBERS ESTRADA AND MILLER ARRIVED AT CLOSED SESSION At 8:41 a.m., Council Members Estrada and Miller arrived at the closed session. ASSISTANT CITY ADMINISTRATOR WILSON EXCUSED Assistant City Administrator Wilson left the closed session. DONALD MAYNOR EXCUSED Donald Maynor, Attorney for the City of Palo Alto, left the closed session. SR. ASSISTANT CITY ATTORNEY MORILLO EXCUSED Sr. Assistant City Attorney Morillo left the closed session. ADJOURN CLOSED SESSION At 9: 12 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 to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 3 5/4/92 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. INVOCATION The invocation was given by Rev. Valerie Pope-Ludlam of Grace Temple Missionary Baptist Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Miller. ANNOUNCEMENT BY MAYOR HOLCOMB - RODNEY KING VERDICT CRISIS (2) Mayor Holcomb commended the Fire Department, Police Department, Public Services Department, the Channel 3 crew, all phases of City government, and citizens of San Bernardino for their outstanding restraint over the last few days relative to the verdict on the Rodney King trial. PUBLIC COMMENTS - COURT & FOURTH STREETS BUILDING & TRAFFIC CONGESTION IN FIFTH LEVEL PARKING STRUCTURE (3) Bob Cantu of Cantu Corporation expressed concern over the City's lack of response to his requests for information regarding the Court Street and Fourth Street building. Mr. Cantu stated that after a recent visit at the Maruko Hotel, upon leaving the five-level parking structure, he noticed that the traffic pattern had been modified. The changes created a traffic congestion. He requested information regarding why the traffic patterns were modified. PUBLIC COMMENTS - CINCO DE MAYO CELEBRATION - MAY 8 THROUGH 10, 1992 - JERRY ESPARZA (3) Jerry Esparza, Inland Empire Hispanic Chamber of Commerce, P.O. Box 7300, San Bernardino, announced that the Cinco de Mayo celebration has been re-scheduled for May 8 through 10, 1992 at Nunez Park. PUBLIC COMMENTS - JOHN STEVENS John Stevens, 4097 Pershing, San Bernardino, Ca, that the City consider establishing an emergency station to provide local citizens with information emergency. (3) suggested broadcast during an 4 5/4/92 PUBLIC COMMENTS - RODNEY KING VERDICT & ICEMA BROADCAST - JEFF WRIGHT (3) Jeff Wright, P. O. Box 2341, San Bernardino, Ca, commented on events that occurred in the aftermath of the Rodney King verdict. Mr. Wright also stated that Channel program entitled "ICEMA COMETH", relating to at 8:00 p.m., Tuesday, May 5, 1992. 3 will broadcast a the ambulance issue, APPOINTMENT - PLANNING COMMISSION - JOHN TRAVER (S-l) In a memorandum dated April 30, 1992, Mayor "Bob" Holcomb, recommended the appointment of John A. Traver, 4594 David Way, San Bernardino, Ca, to the Planning Commission, as requested by Council Member Maudsley, Fourth Ward. Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, to approve the appointment of John A. Traver to the Planning Commission. RESOLUTION COMMENDING - MS. GLADYS DELANEY (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending Ms. Gladys Delaney for her outstanding contributions as a volunteer. Frank Stallworth, representing Senator presented Ms. Delaney with a certificate. Ruben Ayala, Mayor Holcomb also presented to Senior Citizens Award plaque, and Wilson and Congressman Jerry Brown. Ms. Delaney the Outstanding awards from Governor Pete PROCLAMATION NATIONAL RETIRED SENIOR PROGRAM (RSVP) DAY - WEDNESDAY, MAY 5, 1992 VOLUNTEER (4) J. Lorraine Velarde, Executive Assistant to the Mayor, a resolution proclaiming Wednesday, May 5, 1992, as National Retired Senior Volunteer Program, RSVP in the City of Bernardino. read RSVP San Mayela Aguilar, Director of the RSVP Program, accepted the resolution. PROCLAMATION - CORRECT POSTURE MONTH - MAY 1992 (4) J. Lorraine Velarde, Executive Assistant a resolution proclaiming the month of May Posture Month in the City of San Bernardino. to the Mayor, read 1992, as Correct 5 5/4/92 Drs. Robert DeLuca and Michael Trudeau accepted the resolution. PROCLAMATION - LAW ENFORCEMENT DAY - MAY 14, 1992 (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution proclaiming May 14, 1992, as Law Enforcement Day in the City of San Bernardino. Judi Thompson, Interim Executive Vice President, San Bernardino Area Chamber of Commerce, accepted the resolution. PROCLAMATION - 6, 1992 TOURISM AWARENESS DAY - WEDNESDAY, MAY (4) J. Lorraine Velarde, Executive Assistant a resolution proclaiming Wednesday, May 6, Awareness Day in the City of San Bernardino. to the Mayor, read 1992, as Tourism Pat Caffery, Vice Bernardino Convention resolution. President, Board of Directors of the San and Visitor's Bureau, accepted the PROCLAMATION - NATIONAL DAY OF PRAYER - THURSDAY, MAY 7, 1992 (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution proclaiming Thursday, May 7, 1992, as National Day of Prayer in the City of San Bernardino. Pastor Mark Lambert accepted the resolution. WAIVE READING OF RESOLUTIONS AND ORDINANCES (5) Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas, be waived. APPROVE SALARY POSITIONS INCREASES HEADSTART/PRESCHOOL (6) In a memorandum dated April 23, 1992, Barbara Dillon, Director of Personnel, stated that the Director of Parks, Recreation and Community Services has requested salary increases for the positions of Teacher Director, Teacher, Teacher Aide, and Clerk. These pay rates were not approved by the County Preschool Department until March 1992. Since school is from September 1, 1991, to August 31, 1992, it is requested that these pay rates be effective retroactive to September 1, 1991. There will be no impact on the General Fund because these positions are Federally- funded. 6 5/4/92 Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, to approve salary increases for the following headstart/preschool positions, retroactive to September 1, 1991: Teacher Director (from $9.73/hour to $10.22/hour); Teacher (from $8.47/hour to $8.89/hour); Teacher Aide (from $5.27/hour to $5.53/hour); Clerk (from $5.27/hour to $5.53/hour). CHANGE ORDER NO. ONE - EXTENSION OF CONTRACT FOR ONE YEAR - SECURITY PATROL - HIGHLAND/ARDEN AREA - SKYLINE AERO SECURITY (9) In a memorandum dated April 17,1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that Change Order No. One, to the contract with Skyline Aero Security, for security patrol in portions of the Highland/Arden area, extends the term of the contract for one year from July 1, 1992 to June 30, 1993, at no increase in the contract unit prices. The total estimated annual cost is $44,510.00. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that Change Order No. One to the contract with Skyline Aero Security, for security patrol in portions of the Highland/Arden area, in accordance with Plan No. 7701, be approved, to extend the term of the contract for a period of one year, from July 1, 1992 to June 30, 1993, at no increase in the contract unit prices. CLAIMS AND PAYROLL (10) Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated April 20, 1992, from the Director of Finance, be approved. PERSONNEL ACTIONS (11) Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated April 24, 1992, in accordance with all administrative regulations of the City of San Bernardino, be approved. RES. 92-146 AUTHORIZING CALIFORNIA OUTSTANDING - RESOLUTION OF THE CITY OF SAN BERNARDINO A SETTLEMENT AGREEMENT WITH SOUTHERN EDISON COMPANY RELATIVE TO PAYMENT OF FRANCHISE FEES AND UTILITY USERS TAX. (12) 7 5/4/92 RES. 92-147 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE RELATING TO FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FISCAL YEAR 1991-92, AND REPEALING RESOLUTION NO. 92-142. (14) RES. 92-148 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE DESTRUCTION OF CERTAIN POLICE APPLICANT FILES AND PAPERS PURSUANT TO SECTION 34090 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. (15) RES. 92-149 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT (Weed Abatement) (16) RES. 92-150 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A COUNTERPART OF THE FINAL NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER PERMIT IMPLEMENTATION AGREEMENT - SANTA ANA REGION, WITH THE COUNTY OF SAN BERNARDINO, THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, AND CITIES THAT ARE CO-PERMITTEES UNDER THE NPDES PERMIT, AND RESCINDING RESOLUTION NO. 92-129. (17) RES. 92-151 - RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING THE APPRAISER'S DETERMINATION OF FAIR MARKET VALUE OF PROPERTY LOCATED NORTHERLY OF KENDALL DRIVE (FOR ACQUISITION OF A PORTION OF THE PEPPER-LINDEN DRIVE EXTENSION) BETWEEN UNIVERSITY PARKWAY AND PINE AVENUE IN SAN BERNARDINO, CALIFORNIA, AND CERTIFYING THE WORK OF THE APPRAISER. (18) RES. 92-152 - RESOLUTION OF MAKING FINDINGS ON PETITION 1003. THE CITY OF SAN BERNARDINO IN ASSESSMENT DISTRICT NO. (19) RES. 92-153 - RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING APPOINTMENTS AND APPROVING AGREEMENT FOR ASSESSMENT DISTRICT NO. 1003. (20) RES. 92-154 - RESOLUTION OF THE CITY OF ADOPTING A MAP SHOWING THE PROPOSED ASSESSMENT DISTRICT NO. 1003. SAN BERNARDINO BOUNDARIES OF (21) 8 5/4/92 RES. 92-155 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING INTENTION TO ORDER THE INSTALLATION OF CERTAIN IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICT; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS IN ASSESSMENT DISTRICT NO. 1003. (22) RES. 92-156 - RESOLUTION OF THE CITY OF SAN BERNARDINO PASSING ON THE "REPORT" OF THE ENGINEER, GIVING PRELIMINARY APPROVAL, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING IN ASSESSMENT DISTRICT NO. 1003. (23) Resolution Nos. 151, 92-152, 92-153, the following vote: Hernandez, Maudsley, Absent: None. 92-146, 92-147, 92-148, 92-149, 92-150, 92- 92-154, 92-155, and 92-156 were adopted by Ayes: Counc il Members Estrada, Reilly, Minor, Pope-Ludlam, Miller. Nays: None. RES. 92-157 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO T. L. PAVLICH CONSTRUCTION FOR REPLACEMENT OF EXISTING SEWER MAIN IN "D" STREET, FROM SEVENTH STREET TO NINTH STREET. (24) Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the transfer of $24,000, from Account No. 245-365-57704, "City's Share of Sewer Extensions," to Account No. 245-365-57886, "Replacement of Sewer Main - "D" Street," be approved. Council Member Minor made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 92-157 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. ORD. MC-831 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 15.55 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO LOCAL ENFORCEMENT OF LAWS AND REGULATIONS RELATING TO MOBILE HOME PARKS. Final (25) Council Member Minor made a motion, seconded by Council Member Miller, that said ordinance be adopted. Ordinance No. MC-831 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. 9 5/4/92 SET PUBLIC HEARING JUNE 1, RELATIVE TO PROPOSED INCREASE COMMERCIAL REFUSE COLLECTION RATES 1992 10:00 A.M.- IN RESIDENTIAL AND (7) In a memorandum dated April 23, 1992, Manuel Moreno, Jr., Director of Public Services, reported that the San Bernardino County Board of Supervisors has approved a 25% increase in County landfill tipping fees to become effective July 1, 1992. This increase will result in a considerable increase in City refuse rates. It is recommended that a public hearing be set to receive public input relative to the proposed increase in residential and commercial refuse collection rates. City Administrator Clark explained the purpose of the public hearing scheduled at 10:00 a.m., June 1, 1992. Council Member Estrada made a motion, seconded by Council Member Miller, and unanimously carried, that a public hearing be set for Monday, June 1, 1992, at 10:00 a.m., for the purpose of receiving public comment relative to a proposed increase in the residential and commercial refuse collection rates. VACATION OF A PORTION OF KENDALL DRIVE RIGHT-OF-WAY, NORTHERLY OF KENDALL DRIVE AND SOUTHEASTERLY OF PALM AVENUE - AUTHORIZATION TO PROCEED AND PLAN APPROVAL (8) In a memorandum dated April 21, 1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that Frank Tracadas requested that a strip of land fifty feet wide by approximately 620 feet in length be vacated. This strip of land abuts his property which lies north and east of Kendall Drive, between Pine Avenue and Palm Avenue. The land in question, a portion of excess right-"of-way along Kendall Drive, was relinquished to the City of San Bernardino by the State of California in 1991. The petition has deposited the required $500, which is half of the total street vacation processing fee of $1000. Discussion was required to install proposed vacation. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the proposed vacation of a portion of Kendall Drive right-of-way lying northeasterly of Kendall Drive and southeasterly of Palm Avenue. held curbs regarding the and gutters property owner being as a condition to the 10 5/4/92 Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that Plan No. 8704, showing the proposed vacation of a portion of Kendall Drive right-of-way lying northeasterly of Kendall Drive and southeasterly of Palm Avenue, be approved. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the Department of Public Works be directed to contact the property owner relative to installation of curbs and gutters. RES. 92-158 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN SAID CITY AND THE NATIONAL ORANGE SHOW, A NON-PROFIT ORGANIZATION, CONCERNING THE PROVISION OF LAW ENFORCEMENT AND SECURITY SERVICES AT THE NATIONAL ORANGE SHOW DURING THE 1992 EXPOSITION. (13) *Note: This resolution was reconsidered later in the meeting. See page 36 Discussion was held concerning the City's costs to operate the National Orange Show, specifically the costs for refuse services, law enforcement and security services. It was requested that this information be provided to the Council for review. Council Member Minor made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Ayes: Minor, None. Resolution No. 92-158 was adopted by the following vote: Council Members Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam. Nays: Counc il Member Miller. Absent: ASSESSMENT DISTRICT NO. 1000 MAINTENANCE OF LANDSCAPING ON CONTINUED FROM APRIL 6, 1992 INSTALLATION AND WATERMAN AVENUE (36) This is the time and place continued to discuss Assessment District No. 1000 for installation and maintenance of landscaping on Waterman Avenue. In a memorandum dated April 20, 1992, Roger Hardgrave, Director of Public Works/City Engineer, reported that two meetings were held with the property owners, to discuss their concerns relative to the installation and maintenance of landscaping on Waterman Avenue. Concerns of the property owners included large assessments for major property owners, ability of low-income individuals to pay their assessments, trees blocking visibility of signs for commercial establishments, and impediment of development due to office/professional land use designations. 11 5/4/92 The property owners indicated that they were in favor of landscaping, and would be interested in the City's proposal to finance fifty percent of the costs for landscaping individual properties, particularly if the zoning could be changed to allow commercial/manufacturing uses. Roger Hardgrave, Director of Public Works/City Engineer, stated that as a result of the property owners meeting, staff revised the plans to include only the installation of landscaping in the curbed medians along Waterman Avenue, from the Santa Ana River to Mill Street; and that 1/2 of the total estimated cost for the assessment district would be financed as a contribution by the City from bond proceeds. The proposed cost to the resident would be $26.00 per year. Discussion was held concerning the fairness of creating a city-wide assessment for the landscaping and maintenance of Waterman Avenue. Mayor Holcomb stressed the importance of beautification on all major arterials in the City. City Engineer Hardgrave answered questions regarding assessments on commercial property. He stated that commercial property owners would be assessed according to parcel size, and that the actual assessments would vary. Discussion ensued regarding the appropriateness in hearing testimony on the pros and cons relative to the creation of a citywide assessment district for Waterman Avenue, after the Council took action to close the public hearing at its meeting of April 6, 1992. It was pointed out that the public hearing at the Council meeting of April 6, 1992 pertained to the formation of an assessment district in the Waterman Avenue area, between Baseline Street, and the Interstate 10 Freeway and not a citywide assessment district. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 10:34 a.m., Council Member pope-Ludlam left the Council meeting. *Note: Council Member Pope-Ludlam, registered her vote prior to leaving the Council meeting. Discussion ensued regarding policy for register a vote on an agenda item before Chambers. Council members who leaving the Council 12 5/4/92 City Attorney Penman stated that Rule 7B - Presence Required of the Procedural Rules for Meetings of the Mayor and Common Council stipulates that only those members of the Common Council actually present in the Council Chambers at the time a vote is called shall vote. Council members shall cast their vote as expeditiously as possible and may press their voting button on an item when leaving the Chambers for a short time and that vote shall count. *Note: After receiving advice from the City Attorney, the Council requested that the vote tally board be cleared, and that the vote be taken again. Council Member Hernandez made a motion, seconded by Council Member Estrada, to discuss the pros and cons relative to the landscape and maintenance assessment district for Waterman Avenue. The motion carried by the following vote: Ayes I Members Estrada, Reilly, Hernandez, Maudsley, Minor, Nays: None. Absent: Council Member Pope-Ludlam. Council Miller. Jeff Wright, P. O. Box 2341 San Bernardino, Ca, concern that commercial properties should be assessed. expressed Mrs. Easley, 995 Foisy Street, San Bernardino, Ca, objected to the City's revised proposal to consider a citywide assessment district. John Moore, 742 N. Mulberry, Rialto, Ca, owner of property on San Jacinto, expressed concern over the fairness of having a citywide assessment district. He felt that the City should show direct benefit from the project. COUNCIL MEMBER POPE-LUDLAM RETURNED At 10:47 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. Marian Lewis spoke on the assessment cost and district. behalf of her mother who cannot afford objected to the proposed assessment Mrs. Dorothy Duckworth, 787 Norman Road, San Bernardino, Ca, urged the Council to let the residents of the Waterman Avenue area decide whether or not they can afford the proposed assessment cost. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, to reopen the public hearing. *Note: No vote was taken at this time. 13 5/4/92 Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, to reopen the public hearing relative to the installation and maintenance of curbed medians in Waterman Avenue; and that the Council discuss the proposal for a citywide assessment district. Mrs. Dorothy Duckworth voiced concern regarding condemned homes located within the boundaries of the Waterman Avenue Assessment District. Elvira Gallardo, a resident of the City, objected to the City's proposal to form a citywide assessment district for landscape and maintenance of Waterman Avenue. Daniel Green, 540 Pioneer Street, read a letter dated May 1, 1992, on behalf of area residents, opposing the landscape maintenance assessment district on curbed medians along Waterman Avenue. Mr. Green felt that median landscaping along Waterman Avenue is not necessary, and the City should not impose a citywide assessment to pay for the project. Mr. pictures subject Foothill Green submitted to the City Clerk regarding the City of Upland and how of median landscaping between the Boulevard. information it dealt with I-10 Freeway and the and Mr. Green suggested, as an alternative, that the City consider improving zoning requirements to encourage development in the vicinity of the South Waterman Avenue area. Pat Leyva, 1145 South Waterman Avenue, San Bernardino, Ca, objected to the assessment district. City Engineer Hardgrave answered questions regarding underground utility costs along Waterman Avenue. Mr. Hardgrave explained that Southern California Edison Company is absorbing the costs for undergrounding the utilities and that property owners would only be required to pay conversion costs. Eugena Moore, concern regarding assessment district a resident of the City of Rialto, voiced the unfairness of establishing a citywide for median landscaping along Waterman Avenue. David Schultz, Real Estate Broker, stated that the proposed assessment would create a financial hardship on many property owners. Mr. Schultz suggested that the matter be referred to the Redevelopment Agency Committee to consider alternative funding sources that could be used to create improvements for the residents of the City. 14 5/4/92 COUNCIL MEMBER POPE-LUDLAM EXCUSED At 11:35 a.m., Council Member Pope-Ludlam left the Council meeting. Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that the public hearing be closed. COUNCIL MEMBER POPE-LUDLAM RETURNED At 11:37 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. Discussion was held regarding alternative methods of financing the proposed assessment district that would alleviate some of the financial burden on city residents. Council Member Estrada made a motion, seconded by Council Member Hernandez, that the Mayor and Council refer the item to the Redevelopment Agency Committee to study alternative funding sources relative to the Waterman Avenue Assessment District; and that proceedings relative to the Waterman Avenue Assessment District, be terminated. The Members Miller. motion carried by the following vote: Ayes: Council Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam, Nays: Council Member Minor. Absent: None. COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council meeting. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:55 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. The Council, acting as the Commission, took action to set a public hearing on Monday, May 18, 1992 at 11:00 a.m., in the Council Chambers of City Hall relative to the proposed sale of property located at 101 North "I" Street. COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council meeting and took her place at the council table. APPEAL - BOARD OF BUILDING COMMISSIONERS - REHABILITATE STRUCTURES TO MEET ALL BUILDING AND SAFETY CODES - 1095 WEST SPRUCE STREET - MAURICE PETERS - CONTINUED FROM NOVEMBER 4, 1991 (29) This is the time and place continued to consider an appeal of the Board of Building Commissioners' order to rehabilitate 15 5/4/92 structures located at Peters. to meet all building and safety codes for property 1095 W. Spruce Street. The appellant is Maurice Al Boughey, Direcr:or of Planning and Building Services, requested that this item be continued for sixty days. Council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that the appeal relative to the Board of Building Commissioners' Order to rehabilitate structures at l095 W. Spruce Street, be continued for sixty days (July 6, 1992) in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBERS MINOR AND MILLER EXCUSED Council Members Minor and Miller left the Council meeting. RECESS MEETING - CLOSED SESSION (1) At 12:01 p.m., Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, that the Mayor and Common Council and Community Development Commission recess to closed session 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: County of San Bernardino vs. Citv of San Bernardino et al- San Bernardino Superior Court Case No. 268390. The motion carried by the following vote: Members Estrada, Reilly, Hernandez, Pope-Ludlam. Member Maudsley. Absent: Council Members Minor, Ayes: Nays: Miller. Council Council CLOSED SESSION At 12:01 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. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Pope-Ludlam; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: Council Members Minor, Miller. ADJOURN CLOSED SESSION At 12:05 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 12:06 p.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. 16 5/4/92 ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam; City Clerk Krasney, City Attorney Penman, City Administrator Clark. Absent: Council Members Minor, Miller. At 12:06 p.m., the regular meeting of the Mayor and Common Council recessed until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:02 p.m., the regular meeting of Council reconvened in the Council Chambers North "D" Street, San Bernardino, California. Mayor and Common of City Hall, 300 ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam; City Clerk Krasney; City Administrator Clark. Absent: Council Members Estrada, Miller; Sr. Assistant City Attorney Barlow. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 2:02 p.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. COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to meeting and took her place at the council the Council/Commission table. RES. 92-159 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF, SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 67 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 WIDENING OF THE HUNTS LANE GRADE CROSSING NO. B-541.0. (R-7) Council Member Minor made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 92-159 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Estrada. 17 5/4/92 CONSTRUCTION OF HANDICAP RAMPS AT VARIOUS LOCATIONS (R-9) In a memorandum dated April 22, 1992, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that plans for construction of handicap ramps at various locations have oeen prepared by the Engineering Division personnel, and the project is ready to be advertised for bids. The project consists of installing approximately 49 ramps at 24 intersections, located along Highland Avenue, Sierra Way, Sepulveda Avenue and 40th Street. The total estimated project cost is $49,500. Council Member Minor made a motion, seconded by Council Member Reilly, and unanimously carried, that the plans for construction of handicapped ramps at various locations, in accordance with Plan No. 8656, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council/Commission meeting and took her place at the council table. SR. ASSISTANT CITY ATTORNEY BARLOW ARRIVED Sr. Assistant City Attorney Barlow arrived at the Council/Commission meeting. SPACE PLAN STUDY INTERNATIONAL NEW POLICE STATION ARCHETYPE (R-6) In a memorandum dated April 27, 1992, Peggy Ducey, Assistant City Administrator, reported that the Economic Development Commission authorized an agreement with Archetype International to perform a space study for the remodeling of the new police facility located at 7th and "E" Streets. The study is now complete and it is recommended that the study be received and file. Council Member Reilly made a motion, seconded by Council Member Miller, that the space and planning study, prepared by Archetype International, relative to the new police facility be received and filed. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Maudsley, Minor, pope-Ludlam, Nays: Council Member Hernandez. Absent: None. Council Miller. SR. ASSISTANT CITY ATTORNEY BARLOW EXCUSED Sr. Assistant City Attorney Barlow left the Council meeting and was replaced by City Attorney Penman. 18 5/4/92 RECESS MEETING At 3:16 p.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 3:27 p.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 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. APPEAL - PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT NO. 91-39 - TO CONSTRUCT A BILLBOARD ON THE SAME SITE THAT A BILLBOARD WAS REMOVED - 700 SOUTH BLOCK OF "E" STREET GANNETT OUTDOOR CO., INC.- CONTINUED FROM APRIL 20, 1992 (37) This is the time and place continued to for an appeal of the Planning Commission's denial of Conditional Use Permit No. 91-39, to construct a billboard on the same site that a billboard was removed, to facilitate the construction of a retail center located on the west side of the 700 South block of "E" Street across from the Orange Show Fairgrounds. The appellant is Gannett Outdoor Advertising Co., Inc. In a memorandum dated April 23, 1992, Al Boughey, Director of Planning and Building Services, stated that staff conferred with representatives of Gannett Outdoor, Inc. regarding the removal of two billboards in exchange for approving the installation of the proposed sign. Gannett stated that they would not agree to remove the Platt Building billboard without monetary compensation; and further they would not agree to lower the height of the proposed sign because existing signs to the north and south of the subject property would obscure visibility. Planning staff recommended that if the Mayor and Council approved Conditional Use Permit No. 91-39, both existing billboards, the Platt Building sign and the 4th/5th Street sign, should be removed and the height and area of the replacement billboard should be reduced. Staff concluded that a double-sided billboard at the proposed location would be a greater detriment than the retention of the existing single-sided sign at the 4th/5th Street junction without further mitigating factors. Mayor Holcomb opened the hearing. 19 5/4/92 Al Boughey, Director of Planning and Building Services, informed the Mayor and Council that negotiations with Gannett Outdoor Co., Inc. were unsuccessful. Greg Walker, consultant for Gannett Outdoor Co., Inc., 1731 Workman Place, Los Angeles, Ca, requested approval of Conditional Use Permit No. 91-39. He stated Gannett Outdoor Co., Inc. is willing to remove another sign in the City in exchange for facilitating the construction of a retail center located on the same site. Mr. Walker further stated that sign regulations in the Development Code and General Plan are too restrictive and should be reconsidered. Council Member Maudsley made a motion, seconded by Council Member Hernandez, and unanimously carried, that the hearing be closed. Council Member Maudsley made a motion, seconded by Council Member Miller, that the Mayor and Common Council deny the appeal and deny Conditional Use Permit No. 91-39, based on the findings of fact contained in Exhibit "D". The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Maudsley, Minor, Nays: Council Member Pope-Ludlam. Absent: None. Council Miller. PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 92-02- ESTABLISH NEW SIGN PROGRAM REQUIREMENTS AND STANDARDS AND MONUMENT SIGN STANDARDS FOR MULTI-TENANT CENTERS IN COMMERCIAL LAND USE DISTRICTS GATLIN-DOERKEN PROPERTIES - CONTINUED FROM APRIL 20, 1992 (39) This is the time and place continued to for a public hearing on Development Code Amendment No. 92-02, to establish new sign program requirements and standards, and monument sign standards for multi-tenant centers in commercial land use districts. In a memorandum dated April 14, 1992, Al Boughey, Director of Planning and Building Services, stated that Gatlin-Doerken Properties has requested an amendment to Chapter 19.22 of the Development Code criteria applicable to the multi-tenant shopping center located on the north side of Highland Avenue at the termination of Boulder Avenue. After discussions with the applicant, staff recommended that the Mayor and Council adopt the ordinance relating to signs which amends Sections 19.22.030, 19.22.040(2), 19.22.050(1), 19.22.070(1) and Table 22.01 of the Development Code. 20 5/4/92 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 19.22.030, 19.22.040(2), 19.22.050(1), 19.22.070(1), AND 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. First (39) Mayor Holcomb opened the hearing. Earl Charles, SignTech representative of Gatlin-Doerken Properties, requested that the Mayor and Council approve the ordinance. Al Boughey, Director of Planning and Building Services, answered questions regarding provisions of the ordinance and the minimum lot size for multi-tenant centers. Council Member Miller made a motion, seconded by Council Member Maudsley, and unanimously carried, that the hearing be closed; and that said ordinance be laid over for final adoption. APPEAL - PLANNING COMMISSION'S DENIAL OF VARIANCE NO. 91-16, SIGNAGE FOR LARGE CENTERS WALMART GATLIN- DOERKEN DEVELOPMENT CORPORATION - CONTINUED FROM APRIL 20, 1992 (SEE RELATED ITEM NO. 39) (38) This is the time and place continued to for an appeal of Planning Commission's denial of Variance No. 91-16, relative to signage for large centers. In a memorandum dated 'April 14, 1992, Al Boughey, Director of Planning and Building Services, stated that the applicant's, (Gatlin-Doerken Development) original request was for signage in excess of the permitted number, size, and height; and a sign program with additional colors and type styles, for a shopping center located on the north side of Highland Avenue, at the northerly terminus of Boulder Avenue. All but one of the applicant's requests have been addressed by Development Code Amendment No. 92-02. The applicant's remaining request is for a freeway sign 45 feet in height and 225 square feet in area. Mayor Holcomb opened the hearing. Al Boughey, Director of Planning and stated that staff and representatives Developments have not agreed upon freeway shopping centers larger than 25 acres. Building Services, of Gatlin-Doerken sign criteria for 21 5/4/92 Glenn Daigle, representing Gatlin-Doerken, stated that a flag test was performed to support a freeway pylon sign, 45 feet in height and 225 square feet in area, to provide better visibility for the shopping center. Mr. Daigle stressed the importance of a freeway sign to enhance visibility of the business. He stated that the freeway sign would be constructed with less mass to appear more attractive. Council Member Miller made a motion, seconded by Council Hernandez, and unanimously carried, that the public hearing be closed. Planning Director Boughey stated that Planning staff and the Economic Development Agency would be working together to consider an innovative approach to approve variance requests relative to freeway signs. Council Member Hernandez made a motion, seconded by Council Member Miller, that the Mayor and Common Council deny the appeal and deny the variance, based on the finding of facts in the Planning Department's staff report, and direct staff to prepare a Development Code amendment relative to freeway sign standards, to allow freeway signs 35 feet in height and 125 square feet in area for centers of 25 acres or more in area. The motion carried by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: Council Member Estrada. Absent: None. *Note: This item was discussed later in the meeting. See page 38. PUBLIC HEARING FINAL DETERMINATION FOR TENTATIVE TRACT NO. 15228, TO ESTABLISH AN 18-LOT SINGLE-FAMILY SUBDIVISION JAMES STANCLIFF & WILLIAM HAUSER- CONTINUED FROM APRIL 20, 1992 (40) This is the time and place continued to for a public hearing to make final determination for Tentative Tract No. 15228, to establish an l8-1ot single-family subdivision at the southeast corner of Ohio Avenue and Magnolia Avenue, as requested by James Stancliff and William Hauser. In a memorandum dated April 9, 1992, Al Boughey, Director of Planning and Building Services, stated that the request to establish an l8-lot single-family subdivision was continued to allow the applicant to make a final attempt to negotiate for an off-site drainage easement through the neighboring property to the east, prior to taking action on the tentative map. Staff 22 5/4/92 advised the Planning Commission that owners of the neighboring property are still unwilling to grant off-site drainage easement rights to the applicants. Therefore, the proposed conditions of approval will require the subdivider to obtain the easement prior to recordation of the final map (Standard Requirement No. 18, Exhibit 4, Attachment D), potentially compelling the City to condemn the property. The Planning Commission, at its meeting of March 3, 1992, voted to deny Tentative Tract No. 15228, but the motion failed by a tied 3/3 vote. As a result of the failed motion, the application was forwarded to the Mayor and Council for final determination. Mayor Holcomb opened the hearing. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the public hearing relative to Tentative Tract No. 15228, be continued to June 1, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to allow Planning staff time to review plans for a new drainage system presented by the applicant. APPEAL - PLANNING COMMISSION'S DENIAL OF VARIANCE NO. 91-14, TO ALLOW A FREEWAY IDENTIFICATION SIGN AT 2885 N. DEL ROSA AVENUE - DONCO & SONS, INC. - CONTINUED FROM APRIL 6, 1992 (41) This is the time and place continued for an appeal of the Planning Commission's denial of Variance No. 91-14, to allow a freeway identification sign which exceeds the maximum allowable height and face area located at 2885 N. Del Rosa Avenue. The applicant is Donco & Sons, Inc. In a memorandum dated April 23, 1992, Al Boughey, Director of Planning and Building Services, requested that the appeal relative to Variance No. 91-14, to allow a freeway identification sign, be continued for thirty days. Council Member Miller made a motion, seconded by Council Member Reilly, and unanimously carried, that the appeal relative to Variance No. 91-14, be continued for thirty days, to the Mayor and Common Council meeting of June 1, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Ca., to give staff and the owner/applicant sufficient time to address the issues identified previously by the Mayor and Common Council. 23 5/4/92 APPEAL - PLANNING COMMISSION'S DENIAL OF VARIANCE NO. 91-20 - TO PERMIT AN ADDITIONAL WALL SIGN OVER THE NUMBER PERMITTED - KIDS "R" US - 666 SOUTH "E' STREET- ALEXIS S.M. CHIU & KANE, BALLMER & BERKMAN- CONTINUED FROM APRIL 6, 1992 (42) This is the time and place continued for an appeal of the Planning Commission's denial of Variance No. 91-20, to permit an additional wall sign over the number permitted for the Kids "R" Us building located at 666 South "E" Street. The applicants are Alexis S. M. Chiu and Kane, Ballmer & Berkman. In a memorandum dated April 23, 1992, Al Boughey, Director of Planning and Building Services, requested that the appeal relative to Variance No. 91-20, to permit an additional wall sign over the number permitted, be continued for thirty days. Council Member Miller made a motion, seconded by Council Member Reilly, and unanimously carried, that the appeal relative to Variance No. 91-20, be continued for thirty days to the Mayor and Common Council meeting of June 1, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to give staff and the owner/applicant sufficient time to address the issues identified by the Mayor and Common Council. PUBLIC HEARING - HISTORIC BUILDING DEMOLITION ORDINANCE - CONTINUED FROM MARCH 16, 1992 (43) This is the time and place continued to for a public hearing relative to the Historic Building Demolition ordinance. In a memorandum dated April 16, 1992, Al Boughey, Director of Planning and Building Services, stated that City staff initiated an amendment to Municipal Code Chapter 15.37, (Urgency Historic Structure Demolition Ordinance MC-694), to facilitate changes to the review process for demolition permit applications for buildings and structures fifty years old and older. AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING AND REPLACING CHAPTER 15.37 OF THE SAN BERNARDINO MUNICIPAL CODE; ESTABLISHING NEW POLICIES AND PROVISIONS FOR REVIEW OF DEMOLITION PERMIT APPLICATION FOR POTENTIALLY HISTORIC BUILDINGS AND STRUCTURES. First (43) Discussion was held relative to delays in preventing the rehabilitation of the Platt Building and methods of streamlining the review process for demolition permit applications. It was pointed out that provisions in the proposed urgency ordinance 24 5/4/92 require that no demolition permits be issued for any building or structure that is listed in the California Register of Points of Historical Interest or listed in any other State or Federal listing. Council Member Maudsley, Chairman of the Historic Preservation Task Force, stated that the Task Force had spent considerable time in reviewing the original demolition permit historic ordinance. He stated that the Historic Preservation Task Force will be submitting a new proposal to the Mayor and Council for review. Chairman Maudsley suggested that any Council action regarding adoption of the urgency ordinance be delayed for thirty days I to allow the Historic Preservation Task Force time to evaluate a more detailed proposal with options and recommendations for the Mayor and Council's consideration. Mayor Holcomb indicated that the Historic Preservation Task Force has not been able to address the issue of streamlining the demolition permit application process. Under the original ordinance, a building 50 years old or older would have to be studied before a demolition permit could be issued. What is proposed under the urgency ordinance is a method of simplifying the review process for demolition permit applications. The applicant would submit the application to the Director of Planning and Building Services and a determination would be made on whether to issue a demolition permit for any building or structure not listed in the California Register of Points of Historical Interest or listed in any other State or Federal listing of equal or greater level of historical significance. Mayor Holcomb stated that there are a number of buildings in the City that are 50 years old or older that have no economic value and should be demolished. For example, he stated that the City is negotiating to keep Caltrans in the City. One location where the City is proposing to relocate Caltrans is encumbered by an old concrete structure that is 50 years old. The City is unable to demolish the concrete structure because of provisions in the ordinance that requires that a consultant be hired to perform a historic resource evaluation report. City Attorney urgency clause that with no historical surrounding areas. Penman answered questions regarding the provides guidelines to demolish a structure significance that is causing blight to the Council Member Miller made a motion, seconded by Council Member Reilly, and unanimously carried, that the public hearing relative to the Historic Building Demolition ordinance be continued to June 1, 1992 in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 25 5/4/92 APPEAL HEARING OFFICER'S STATEMENT OF DECISION- REVOCATION OF CONDITIONAL USE PERMIT NO. 262 (GOLDEN EAGLE MOTEL) - HONG WEN YANG & LIN MEI-YUNG YANG (44) This is the time and place set for an appeal Officer's statement of decision regarding the Conditional Use Permit No. 262, Golden Eagle appellants are Hong Wen Yang & Lin Mei-Yung Yang. In a memorandum dated April 21, 1992, Al Boughey, Director of Planning and Building Services, stated that Fred Wilson, Hearing Officer, conducted a hearing at which time volumes of evidence and photographs were provided by the City and the attorney for Golden Eagle Motel. Based on the evidence presented, the hearing officer rendered six findings in his Statement of Decision. The Statement of Decision findings are listed as follows: of the Hearing revocation of Motel. The 1. Conditional Use Permit No. 262 has been exercised contrary to the conditions of such permit and in violation of applicable licenses, permits, regulations, laws or ordinances. 2. The use for which C.U.P. No. 262 was granted has been exercised so as to be detrimental to the public health and safety and has constituted a nuisance. 3. C.U.P. No. 262 shall not be revoked at this time if the owners of the motel accept the amendments to conditions of C.U.P. No. 262. The grounds justifying a revocation of the conditional use permit can be cured or corrected by the imposition of new, additiona~'or modified conditions. 4. Wri tten notice of the date, time and place and purpose of the public hearing were served on the owners of the motel by registered mail, postage prepared, return receipt requested, not less than ten days prior to the date of the hearing. 5. The subject site located at 668 W. 5th Street, is in the RMH, Residential Medium High, General Plan land use designation. After the City adopted the General Plan on June 3, 1989, the Golden Eagle Motel became a legal non-conforming use. A motel is not a permitted use in the RMH land use district. The motel was voluntarily abandoned by its prior owners for more than 180 days, beginning June 25, 1990. The motel's legal non- conforming use lapsed on or about December 25, 1990. 26 5/4/92 6. Because the motel's legal non-conforming use lapsed, the motel cannot reopen as a motel use until the property owners apply for and the City grants an amendment of the General Plan Land Use Map to designate a land use district which permits a motel use for this site, and until the City issues a new Certificate of Occupancy for the motel. Mayor Holcomb opened the hearing. Ken Nydam, Attorney at Law, representing Hong Wen Yang & Lin Mei-Yung Yang, presented a document containing closing arguments to City Clerk Krasney. Mr. Nydam stated that at the time the City initiated code enforcement efforts on motels in the downtown area, his clients did not own the motel. There was a note secured by a deed of trust and later his client acquired the motel through foreclosure proceedings. The motel had been abandoned by the previous owner for more than 180 days. Mr. Nydam explained that on several occasions the applicants attempted to secure the necessary permits to repair the motel. After a four-month waiting period, the applicants hired a contractor to make corrections to the property upon receiving a notice from the Ci ty. The applicants applied for and were granted a permit to repair the motel; however, the City Attorney's Office advised the Planning Department to deny the permit. Mr. Nydam stated that upon adoption of the new Development Code, the zoning designation changed from RMH, to CR-2; therefore, making the motel a non-conforming use. The zone change has rendered the property valueless. Mr. Nydam felt that the City violated the civil rights of his clients by the taking of valuable property and rendering it valueless through the zone change adoption in the Development Code. John Lightburn, P. O. Box 1622, San Bernardino, Ca, stated that the Yangs received a Board of Building Commissioners' Order No. 1458, requesting that the owners obtain permits and rehabilitate the building. prior to occupancy. The applicant attempted to clean up the property, but was issued a citation and was prosecuted in Court by the City Attorney. Mr. Lightburn pointed out that the applicant did not receive a timely notice of the Board of Building Commissioners' Order, thereby denying the Yangs an opportunity to appeal to the Mayor and Council. Mr. Lightburn stated that he had submitted a letter on behalf of the Yangs, requesting that the Council reconsider the Board of Building Commissioners order. 27 5/4/92 Mr. Lightburn requested that a new hearing be granted to allow all parties involved to review the transcript of the hearing, conducted by the hearing officer, and to review the closing arguments presented by Attorney Nydam. City Attorney Penman recommended that continued to allow staff time to prepare a allegations made by the appellant. A discussion was held regarding the matter being heard by an impartial hearing officer, and whether or not the applicants had a choice in the selection process of the hearing officer. this matter be response to the City Attorney Penman explained that Fred Wilson was appointed by the Mayor and Council to be the hearing officer, since the Planning Commission was unable to retain a quorum to hear this case. Discussion ensued regarding the legalities of whether the entire or only a portion of the motel was closed by action of the City. It was pointed out that if only six months had lapsed, the owner would have had the right to make repairs to the property to comply with standards of the Development Code under the grandfather status. A member of the Council suggested that consideration be given to hiring a hearing officer to hear the case of the Golden Eagle Motel, and that the hearing officer not be a City employee or Council person. Mr. Nydam and Mr. Lightburn both agreed to the continuance of this item. Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the appeal of the Hearing Officer's statement of decision regarding revocation of Conditional Use Permit No. 262, Golden Eagle Motel, be continued to June 1, 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. PUBLIC HEARING DOGS ESTABLISHMENT OF LICENSE FEES FOR (26) This is the time and place set for a public hearing to consider a resolution establishing license fees for dogs. In a memorandum dated March 25, 1992, Peggy Ducey, Assistant to the City Administrator, proposed that a revenue enhancement campaign comprised of one fee increase program; and four programs 28 5/4/92 to increase the number of dogs licensed, including one legislative component to enable Animal Control to track unlicensed dogs and incorporate them into the system be implemented. The proposed revenue enhancement campaign is expected to generate a combined total revenue of $56,250. RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING LICENSE FEES FOR DOGS AND REPEALING RESOLUTION 88-286. (26) Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the public hearing to establish license fees for dogs, be continued to 10:00 a.m., May 18, 1992 in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to allow for proper notification of the public hearing. PUBLIC HEARING RELATED PERMITS ESTABLISHMENT OF FEES FOR ANIMAL (27) This is the time and place set for a public hearing to establish fees for animal related permits. ~ In a memorandum dated March 25, 1992, Deborah Biggs, Director of Animal Control, stated that the fee schedule, as set forth in the San Bernardino Municipal Code Section 6.04.020, has not be updated since 1973. Of the fees on record, the only fees collected are for petting zoos. Staff spends a great deal of time answering complaints of unsanitary conditions and/or inhumane treatment of animals at these locations, yet this department has derived no revenue to offset the cost of inspections. The revenue generated from this proposal is estimated to be $3,200. RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING FEES FOR ANIMAL RELATED PERMITS. (27) Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the public hearing relative to the establishment of fees for animal related permits be continued to 10:00 a.m., May 18, 1992 in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to allow for proper notification of the public hearing. PUBLIC HEARING - IMPOSING LIENS ON WITHIN THE CITY OF SAN BERNARDINO BUSINESS REGISTRATION FEES. PROPERTY LOCATED FOR UNCOLLECTED (28) This is the time to imposing liens registration fees. and place set for a public hearing relative on property for uncollected business 29 5/4/92 RES. 92-160 - RESOLUTION OF IMPOSING LIENS ON CERTAIN LOCATED WITHIN THE CITY UNCOLLECTED BUSINESS LICENSE THE CITY OF SAN BERNARDINO PARCELS OF REAL PROPERTY OF SAN BERNARDINO FOR FEES. (28) Mayor Holcomb opened the hearing. City Clerk Krasney stated that owners of five parcels of property have paid their business registration fees, and requested that the following parcels be deleted from Exhibit "A": 143-331-11; 268-394-15; 280-062-16; 140-023-09, and 280-062-2l. Ms. Krasney requested that action be deferred on property owned by Deborah J. Wilkinson, parcel numbers 146-023-20 and 146-023- 21, pending a meeting with all parties concerned. Council Member Minor made a motion, seconded by Council Member Reilly, and unanimously carried that the hearing be closed, and said resolution be amended by interdelineation to delete parcels 143-331-11, 268-394-15, 280-062-16, 280-062-21, 140-023-09; that parcels 146-023-20 and 146-023-21 be continued; and that said resolution be adopted as amended. Resolution Ayes: Council Minor, Miller. Ludlam. No. 92-160 was adopted by the following vote: Members Estrada, Reilly, Hernandez, Maudsley, Nays: None. Absent: Council Member Pope- 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. (Continued from April 6, 1992) (30) Council Member Minor made a motion, seconded by Council Member Reilly, that said resolution be adopted. A discussion was held concerning the status of the audit conducted by the Economic Development Agency on the Civic Light Opera's billing practices. Council Member Estrada made a substitute motion, seconded by Council Member Miller, that said resolution be denied. The substitute motion carried by the following'vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Miller. Nays: None. Abstain: Council Member Hernandez. Absent: Council Member Pope-Ludlam. 30 5/4/92 RES. 92-161 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA APPROVING A CERTAIN MEMBERS' SETTLEMENT AGREEMENT AND A CERTAIN JOINT EXERCISE OF POWERS AGREEMENT CREATING AN AGENCY TO BE KNOWN AS THE SAN BERNARDINO REGIONAL AIRPORT AUTHORITY. (31) Council Member Estrada made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution Ayes: Council Minor, Miller. Ludlam. No. 92-161 was adopted by the following vote: Members Estrada, Reilly, Hernandez, Maudsley, Nays: None. Absent: Council Member Pope- COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member pope-Ludlam returned to the Council meeting and took her place at the council table. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA APPROVING THE APPOINTMENT OF CERTAIN REPRESENTATIVES TO SERVE ON THE SAN BERNARDINO REGIONAL AIRPORT AUTHORITY. (32) City Attorney Penman stated that a new resolution has been prepared to reflect changes in the language on page 2, lines 10 and 13, whereby the Mayor appoints; and on page 2, lines 17 and 22, whereby the Council confirms the appointment of the Mayor. Mr. Penman stated that the language changes makes the resolution compatible with the Charter. Mayor Holcomb recommended himself and Council Member Maudsley to be appointed as the City's primary representative to serve on the San Bernardino Regional Airport Authority. Council Member Hernandez also expressed interest in being appointed as a representative to serve on the San Bernardino Regional Airport Authority. Discussion ensued regarding procedures representatives to the Airport Authority. for appointing Mayor Holcomb requested that the Council entertain a motion to confirm the appointment of the Mayor. No action was taken. 31 5/4/92 REQUEST TO CONSIDER AGENDA ITEM NO. 33 RELATING TO SERVICE USERS TAX. ORDINANCE (33) Council Member Reilly made a Member Estrada, and unanimously Council consider agenda Item No. service users tax. motion, seconded by Council carried, that the Mayor and 33, an ordinance relative to AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 3.44.010 AND 3.44.030 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO SERVICE USERS TAX. First (33) City Attorney Penman stated for the record, that Senior Assistant City Attorney Barlow could not find any authority for the City to impose or not to impose a service users tax on other governmental entities. Mr. Penman stated that his office could not advise the Council regarding the Court's reaction. Council Member Miller made a motion, seconded by Council Member Reilly, and unanimously carried, that said ordinance be laid over for final adoption. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 6.24.170 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO RABIES VACCINATION REQUIREMENTS AND THE ISSUANCE OF RABIES VACCINATION CERTIFICATES, ADDING SECTIONS 6.24.190 THROUGH 6.24.250 TO THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING RABIES CONTROL PROVISIONS, AND DELETING SECTIONS 6.24.070 AND 6.24.120 IN THEIR ENTIRETY. First (34) City Administrator Clark stated that the proposal was discussed at the Ways and Means Commi ttee meeting. Limi ted discussions were held with the veterinarians in the community and many of the veterinarians stated they supported the City'S proposal. City Administrator Clark stated, however, that it would be prudent for the Council to approve the first reading of the ordinance and notify the veterinarians prior to the final reading of the ordinance, to allow the veterinarians an opportunity to respond. She recommended that the final reading of the ordinance be extended from two weeks to four weeks, to provide notification to all licensed veterinarians in the City. City Administrator Clark stated that if the veterinarians cooperate with the City, they would receive a fee to offset their costs. The City would not receive any money from the veterinarians. The only revenues the City would receive would be generated from the veterinarians' business licenses. 32 5/4/92 Council Member Miller Member Reilly, that said adoption. made a motion, seconded by Council ordinance be laid over for final The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Abstain: Council Member Hernandez. Absent: None. COUNCIL MEMBER MINOR EXCUSED At 5:07 p.m., Council Member Minor left the Council meeting. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.17.035 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ALTERNATE BOARD, BUREAU OR COMMISSION MEMBERS. First (35) Council Member Miller made a motion, seconded by Council Member Reilly, that said ordinance be laid over for final adoption. COUNCIL MEMBER MINOR RETURNED At 5:09 p.m., Council Member Minor returned to the Council meeting and took his place at the council table. Discussion was held regarding the concept that the Mayor would have additional lobbying powers under the proposed ordinance. It was pointed out that the Mayor would be authorized to nominate two alternate members to each board, bureau or commission. The motion carried by the following Members Estrada, Reilly, Minor, Miller. Hernandez, Maudsley, Pope-L~dlam. vote: Nays: Ayes: Council Council Members RECONSIDERATION - RES. 92-158 - RESOLUTION RELATING TO LAW ENFORCEMENT AND SECURITY SERVICES AT THE NATIONAL^Q ORANGE SHOW 1992 EXPOSITION - (DISCUSSED EARLIER IN THE MEETING. SEE PAGE 11) (13) Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly, and unanimously carried, that the matter relative to the City providing law enforcement and security services at the National Orange Show 1992 Exposition, be reconsidered. RES. 92-158 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN SAID CITY AND THE NATIONAL ORANGE SHOW, A NON-PROFIT ORGANIZATION CONCERNING THE PROVISION OF LAW ENFORCEMENT AND SECURITY SERVICES AT THE NATIONAL ORANGE SHOW DURING THE 1992 EXPOSITION. (13) 33 5/4/92 City Administrator Clark explained the terms of the National Orange Show agreement. She stated that the terms of the Orange Show agreement indicated that the National Orange Show is to pick up 50% of the costs for police officer overtime with a 5% increase each year. The Orange Show is now paying 60% of the police officers' overtime costs and 100% of the costs to utilize reserves officers. The City's participation in subsidizing the overtime costs for the police officers is $37,700. Ms. Clark speculated that in the year 2000, the National Orange Show would reach the point of paying 100% of the officer overtime costs. Discussion was held regarding the availability of information regarding the City's costs to operate the National Orange Show. It was pointed out that a number of complaints have been received concerning the costs to use facilities at the Orange Show. Community groups have presented concerns that the Orange Show does not attempt to work with them to stage promotional events for the community, as the costs to rent the facilities are exorbitantly high. Council Member Minor made a motion, seconded by Council Member Hernandez, that said resolution be re-adopted. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.04.623 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO BUSINESS REGISTRATION CERTIFICATES FOR BUSINESSES SELLING SPRAY PAINT AND WIDE-TIP MARKERS. First (S-2) Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that said ordinance be referred to the Legislative Review Committee. RES. 92-162 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MATHIS CONSTRUCTION, INC., FOR THE INSTALLATION OF A PREFABRICATED PEDESTRIAN BRIDGE AT NUNEZ PARK. (S-3) City Administrator Clark read a memo dated May 4, 1992 from Annie Ramos, Director of Parks, Recreation and Community Services. Ms. Ramos stated that a determination was made that additional funds are needed in the amount of $127,513 to fund the completion of the pedestrian bridge at Nunez Park. However, it 34 5/4/92 is recommended that the necessary funds be transferred from the Patton Park Development Account to the Nunez Development Account, and that the Patton Park Account funds be replaced in the 1992/93 Park Construction Fund Budget Appropriations. City Administrator Clark stated that the Nunez Park expansion funds have been reduced because of expenditures which were made to fund the completion of various ballfield lighting projects in the City. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, and unanimously carried, that said resolution be adopted; that funds in the amount of $127,5;1.3 be transferred from the Patton Park Development Account No. 243-363- 57528, to the Nunez Development Account No. 243-363-57531, and that these funds be replaced in the Patton account from the 1992/93 Park Construction Fund Budget Appropriations. RECONSIDERATION PLANNING COMMISSION'S DENIAL OF VARIANCE NO. 91-16 SIGNAGE FOR LARGE CENTERS- (WALMART) GATLIN-DOERKEN DEVELOPMENT CORPORATION- (DISCUSSED EARLIER IN THE MEETING. SEE PAGE 23) (38) Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, to reconsider action taken on agenda Item 38, regarding the Planning Commission's denial of Variance No. 91-16, signage for large centers. (Walmart) City Attorney Penman stated that the following language needed to be added to the motion of denial " based on the findings of facts tn the Planning Department's staff report". Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that the hearing be closed; that the Mayor and Common Council deny the appeal; and deny the variance based on the findings of facts in the Planning Department's staff report; and that staff be directed to prepare a Development Code amendment relative to freeway sign standards, to allow freeway signs 35 feet in height and 125 square feet in area for centers of 25 acres or more in area. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. REQUEST TO RECONSIDER ACTION TO APPROVE RESOLUTION APPROVING A CERTAIN MEMBERS' SETTLEMENT AGREEMENT AND A CERTAIN JOINT EXERCISE OF POWERS AGREEMENT CREATING AN AGENCY TO BE KNOWN AS THE SAN BERNARDINO REGIONAL AIRPORT AUTHORITY (31) 35 5/4/92 _:.0.. Mayor Holcomb stated that if the Council refused to take action to appoint certain representatives to serve on the San Bernardino Regional Airport Authority, the Council should reconsider action taken on the adoption of the resolution approving a certain members' settlement agreement and a certain joint exercise of powers agreement creating an agency to be known as the San Bernardino Regional Airport Authority. Mayor Holcomb further stated that without the appointment of certain representatives to serve on the San Bernardino Regional Airport Authority, the City would have a joint exercise powers agreement without representation. Council Member Miller made a motion, seconded by Council Member Reilly, to reconsider action taken to adopt the resolution of the City approving a certain members' settlement agreement, and a certain joint exercise of powers agreement creating an agency to be known as the San Bernardino Regional Airport Authority. The motion failed by the following vote: Ayes: Council Members Minor, Miller. Nays: Council Members Estrada, Reilly, Hernandez, Maudsley. Absent: Council Member Pope-Ludlam. RECESS MEETING - CLOSED SESSION (1) At 5:29 p.m" the Mayor and Common Council and Community Development Commission recessed to closed session 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: San Bernardino vs. Dvkes. et al - San Bernardino Superior Court Case No. 254883. CLOSED SESSION At 5:29 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. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Krasney. Absent: Council Member Pope-Ludlam; City Administrator Clark. Also present were: J. Lorraine Velarde, Executive to the Mayor, and Margaret Scroggin, Administrative Supervisor, City Attorney's Office. Assistant Operation 36 5/4/92 ADJOURNMENT (45) At 5:33 p.m., the meeting was adjourned Monday, May 18, 1992 in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Rachel Krasney City Clerk B s, Deputy City Clerk No. of Items: 60 No. of Hours: 7 hrs. 30 min. 37 5/4/92