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HomeMy WebLinkAbout08-17-1992 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING AUGUST 17, :992 COUNCIL CF~BERS The regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 8:35 a.m., Monday, August 17, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Vale with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor, Miller; City Attorney Penman, Deputy Ci ty Clerk Vale, City Administrator Clark. Absent: Council Members Estrada, Pope-Ludlam. RECESS MEETING - CLOSED SESSION At 8 : 36 a . m., the Mayor and Common Counc il and Development Commission recessed to closed session following: (1) Community for the 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 con::er wit.h t.~e litigation pursuant to 54956.9(b)(1), as there litigation; attorney regarding pending Government Code Section is significant exposure to 1 8/17/92 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 ComPdnv. et al vs. Ci tv of San Bernardino. et al - San Bernardino Superior Court Case No. 242998; San Bernardino Superior Court Case No. 252058; Countv vs. City of San Bernardino (RDA) Superior Court Case No. 258241; San Bernardino Saab vs. City of San Bernardino - Fourth District Court of Appeals Case No. E008652; Citv of San Bernardino vs. Liberty Cable T.V.. et al- United States District Court Case No. 82-6876 WMB; City of San Bernardino vs. County of San Bernardino. et al- Riverside Superior Court Case No. 207900; Citv of San Bernardino vs. Skadron - San Bernardino Superior Court Case No. 266719; Amrut N. Patel. et al vs. James F. Penman. et al. - United States District Court Case No. CV91-1420 RG (Kx); Francis Kwai Chona Foo vs. James F. Penman. et al. - United States District Court Case No. CV91-3056 RG (Kx); Janet Summerfield vs. William R. Holcomb. et aL - United States District Court Case No. SACV 91-731 AHS (RWR); Tomas Armendariz. et al vs. James F. Penman. et al. - United States District Court Case No. 91-5757 CMB (JRx); DeNavarette vs. Citv of San Bernardino Superior Court Case No. 257365; San Bernardino City of San Bernardino vs. Willowoods Superior Court Case No. 249477; San Bernardino Bashaw vs. Citv of San Bernardino - San Bernardino Superior Cour~ Case ~o. 22S366; Garcia vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 249518. 2 8/17/92 CLOSED SESSION At 8:36 a.m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. Mayor Minor, Absent: Vale. ROLL CALL Roll call was taken with the following being present: Holcomb; Council Members Reilly, Hernandez, Maudsley, Miller; City Attorney Penman, City Administrator Clark. Council Members Estrada, Pope-Ludlam; Deputy City Clerk Also present: Deputy City Attorney Simmons, Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office; and Victor Lorch, Director of Risk Management. DEPUTY CITY ATTORNEY SIMMONS & ADMINISTRATIVE OPERATIONS SUPERVISOR SCROGGIN EXCUSED At 8:39 a.m., Deputy City Attorney Simmons and Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office, left the closed session. COUNCIL MEMBER At 8:45 a.m., closed session. POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Vale read the titles of all the resolutions and ordinances on the regular, supplemental, and Communi ty Development agendas while the Council was in closed session. DEPUTY CITY ATTORNEY SIMMONS & ADMINISTRATIVE OPERATIONS SUPERVISOR SCROGGIN RETURNED At 8:51 a.m., Deputy City Attorney Simmons and Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office, returned to the closed session. DEPUTY CITY CLERK VALE ARRIVED At 8:53 a.m., Deputy City Clerk Vale arrived at the closed session. COUNCIL MEMBER ESTRADA ARRIVED At 9:04 a.m., Council Member Estrada arriyed at the closed session. COUNCIL MEMBER MAUDSLEY EXCUSED At 9:08 a.m., Council Member Maudsley left the closed session. DEPUTY CITY ATTORNEY ROTH ARRIVSD At 9:16 a.m., Deputy City Attorney Roth arrived at the 3 8/17/92 closed session. ADJOURN CLOSED SESSION At 9:28 a.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 9:30 a.m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Vale with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Minor, Pope-Ludlam, Miller; City Attorney Penman, Deputy City Clerk Vale, City Administrator Clark. Absent: Council Member Maudsley. INVOCATION The invocation was given by Dr. Thomas Harvick, Central Christian Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Minor. ANNOUNCEMENT - COUNCIL MEMBER MINOR - PRISONER BOOKING FEES (2) Council Member Minor expressed concern regarding a bill that had been received from the County for prisoner booking fees. The bill for the month of July, 1992 was $65,000 for 565 arrests. He stated that if arrests continued at the same rate, it would cost the City approximately $1 million a year to book prisoners into the County Jail. He explained that if the City did not have to pay these fees, the money could be used for other general fund programs that are needed. PUBLIC COMMENTS - GARY KIRBY ( 3 ) Gary Kirby, 1505 Yardley, San Bernardino, CA, expressed support for a City Manager form of government, as a means to ensure positive change in City government. He felt that Mayor Holcomb should stop fighting with other elected officials, and serve the City as he was elected to do, or resign in the best interest of the City. PUBLIC CO~~E~r:'S - A~:;::C:::::; ~::E?~XAXD:SZ (3) Alice Hernandez, a resident of San Bernardino, CA, requested Council Member Estrada's support for a dinner/dance at Cas a 4 8/17/92 Ramona, to assist the family of Mario Corea, who passed away on July 26, 1992. COUNCIL MEMBER ~~UDSLEY RETURNED At 9:43 a.m., Council Member Council meeting and took his place at Maudsley returned the council table. to the PUBLIC COMMENTS - JIMMY DE VITA (3) Jimmy De Vita, a resident of Rialto, CA, expressed concern regarding the condition of local public transportation, health care, and the prevention of mental illness. PUBLIC COMMENTS - FOOTBALL PROGRAM - PAGE 15 KEITH JOHNSON - JUNIOR ALL AMERICAN DISCUSSED LATER IN THE MEETING - SEE (3) Keith Johnson, Junior All American Football (JAAF) , San Bernardino, CA, spoke regarding the building located at 1244 West 9th Street that JAAF leases from the City. He explained that during the past five years the rent has been $75 per month, and that the City proposes to increase the rent to $300 per month. Mr. Johnson explained that JAAF is a program for youth ages eight to fourteen, with seventy percent low income youth. He explained that JAAF is operated entirely by volunteers. It depends on fundraisers to support the program from season to season, and the $65 registration fee does not cover the program costs. He stated that registration fees could not be raised because it would then be unaffordable to many families. He explained that there are currently 225 youth enrolled in JAAF. He requested that the City reconsider the rental increase and leave it at $75 a month. Shauna Clark, City Administrator, explained that the issue of the Junior All American Football lease had been inadvertently omitted from the agenda. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that the discussion of the Junior All American Football lease of the building location at 1244 West 9th Street, be taken as an urgency item. (Note: There was no vote taken at this time.) Discussion ensued regarding whether of the building located at 1244 West discussed as an urgency item. the issue of the lease 9th Street should be Counc~~ Xember Eernandez ~ade a s~bstitute motion, seconded by Council Member Miller, that knowledge of the omission from the agenda of the issue of the Junior All American Football lease of the building located at 1244 West 9th Street, arose after the 5 8/17/92 posting of the agenda, and should be considered as the first item after the action on the consent calendar is completed. Council Member pope-Ludlam parliamentary rules be suspended so Junior All American Football lease 9th Street could be conducted. made a motion, that all that discussion regarding the of the building at 1244 West The motion failed for the lack of a second. City Attorney Penman explained that State law and the Brown Act state that if two/thirds majority of the legislative body determines that the matter arose after the agenda was posted, that the item can be heard. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. CITY ATTORNEY PENMAN EXCUSED At 10:03 a.m., City Attorney Penman left the Council meeting and was replaced by Deputy City Attorney Rhemrev. CITY CLERK KRASNEY ARRIVED At 10:03 a.m., City Cle:lk Krasney arrived at the Council meeting and replaced Deputy City Clerk vale. ~ COMMENDATION - Sfu~~Y D. SNOW, III (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending Sammy D. Snow, III, a four-year old for his heroic actions in saving the life of an eighteen month old infant who had fallen in a swimming pool. Sammy D. Snow, III was present to accept the commendation. PROCLAMATION SAN BERNARDINO EMPLOYMENT & AGENCY (SBETA) PRIVATE INDUSTRY COUNCIL NATIONAL JOB TRAINING PARTNERSHIP ACT (JTPA) TRAINING (PIC)- (4) J. Lorraine velarde, Executive Assistant to the Mayor, read a proclamation declaring the month of August, 1992, as National Job Training Partnership Act (JTPA) Alumni Month in recognition of the important role that the JTPA partnership has as a gainful contributor to California's economy. George Employment Chairman of accept the proclamation. M. Fujiwara, Executive Director of San and Training Agency (SBETA), and Jim the ?~ivate :~d~stry Ccunc~l (PIC) were National Job Training Partnership Bernardino Schneider, present to Act (JTPA) -, 6 8/17/92 Mayor Holcomb presented Leadership Award Certificates to the following ~TPA Alumni graduates: Sara Soler-White, Kimberly Anderson, Rebecca Nichols, Leonard L. Davis, Jr., and Raymond Waibel. Mayor Holcomb presented commendations to the following organizations which participated and contributed to the success of the JTPA graduates: Frank Feldman, Security Officer Training Academy; Kay Mongold, Dog Show Specialties; Judy Jones, Employment Development Department; and Michael Passmore, California Department of Corrections. COMMENDATION PLAQUE COMMITTEE JA..'lES CELANO TRAFFIC SAFETY (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a plaque commending Mr. James Celano for dedicated service to the community as Chairman of the Traffic Safety Committee from 1979 to 1992, upon the event of his retirement. Mr. Celano was present to accept the commendation plaque. AMBASSADOR OF GOODWILL CERTIFICATE SOLIDARITY CONFERENCE STUDENT YOUTH (4) Rachel Krasney, City Clerk, explained that through the efforts of Columba Calvo, Consul of Mexico, twenty-five students from the Inland Empire have been selected to travel to Mexico City, at the expense of the Mexican Government, to attend a Youth Solidarity conference from August 30 through September 4, 1992. Seven of these students are from local high schools. The goal of the conference is to bring together the youth of Mexico with U.S. students of Mexican ancestry, and to encourage them to exchange experiences, knowledge, ideas, and to discuss issues relative to both countries. Mel Arvizo and Elisa Diaz of the San Bernardino Unified School District were present along with the following students to accept the certificates: Herbert Albornos, Melissa Chavez, Jennifer Muga, Ariel Tello, and Ismael Nevarez, San Gorgonio High School; Nicole Aldaco, Aquinas High School; and Roseann Jimenez, Pacific High School. SERVICE PIN AWARD CEREMONY (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of each employee receiving service pin awards. Each employee Yece~ved c service p~n from ~ayor ~olcornb in gratitude of his/her many years of dedicated service to the City. 7 8/17/92 APPOINTMENT MICHAEL B. COLEP~N ADVISORY CO~~ITTEE - MAYOR HOLCOMB TRAFFIC SAFETY (4) In a memorandum dated July 29, recommended the appointment of Michael B. Street, San Bernardino, CA, as a member Adviso~ Committee. 1992, Mayor Holcomb, Coleman, 808 West 2nd to the Traffic Safety Council Member Kinor made a motion, seconded by Council Member Miller, and unanimously carried, that the appointment of Michael B. Coleman as a member to the Traffic Safety Advisory Committee, be approved. GENERAL LIABILITY CLAIMS ADMINISTRATION AUDIT - RECEIVE & PILE - CONTINUED FROM JULY 20, 1992 (30) This is the time and place continued to for consideration of the General Liability Claims Administration Audit. In a memorandum dated August 12, 1992, Fred Wilson, Assistant City Administrator, stated that at the Mayor and Council meeting of July 20, 1992, the General Liability Claims Administration Audit was referred to the City Administrator's Office to coordinate a meeting with the City Attorney's Office and Ri:k Management to work out the differences that exist in the report and report back to the Council on August 17, 1992. Two meetings have been held and the City Attorney's concerns were discussed. These issues were referred to the auditor for reconciliation; however, they have not been fully resolved. It is recommended that this matter be continued to September 8, 1992. Council Member Minor made a motion, seconded by Council Member Reilly, that the General Liability Claims Administration Audit, be continued for two weeks to September 8, 1992, in the in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to allow the auditor to reconcile differences contained in the report. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Nays: None. Abstain: Council Member Estrada. Absent: Council Miller. None. WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (5) Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Commun~~y ~evelo?me~t ~~~~issiQn 2ge~casf ~e waiv9d. 8 8/17/92 COUNCIL MINUTES (6) Council Member Hernandez made a motion, seconded by Council Member Minor, 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: May 18, 1992, June 8, 1992, June 11, 1992, and June 22, 1992. EMERGENCY FOOD & SHELTER PROGRAM $30,000 AUTHORIZATION FOR ADMINISTRATION FUNDS (FEMA XI)- APPLICATION & (7) In a memorandum dated July 29, 1992, Annie Ramos, Director of Parks, Recreation and Community Services, stated that Congress has appropriated funding through the Emergency Food and Shelter National Board Program (FE~.A XI) to local public and private organizations for the purpose of deliveri!1g emergency food and shel ter to needy individuals. Grants are made from FEMA to communities through local boards convened by the United Way with representatives from public and private organizations. The local FEMA Board of San Bernardino has selected the Westside Community Service Center as one of the sites within the City of San Bernardino to assist with distribution of funds between October 1, 1992 and September 30, 1993. There is no additional cost to the City to administer this program. Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that the Parks, Recreation and Community Services Department Director be authorized to apply for and administer $30,000 of emergency food and shelter funds provided under the provision of the Emergency Food and Shelter National Program (FEMA XI). ACQUISITION OF TELEVISION, HEIGHTS COMMUNITY CENTER EXTENSION FUNDS VCR & $1,148 STAND 6TH DELMANN WARD PARK (8) In a memorandum dated August 4, 1992, Annie Ramos, Director of Parks, Recreation and Community Services, stated that the acquisition of a television and VCR for Delmann Heights Community Center would enable the staff to meet a wider range of interests for the center patrons. The television would be used primarily by the seniors who patronize the facility for the Senior Nutrition Program and other senior programs. The television was recommended by the Delmann Heights Center Senior Committee. Council Member ~ernandez made a motion, seconded by Council Member Minor, and ~nanim0usly carried, that $1,148 of Sixth Ward Park Extension Funds for the acquisition of a television, VCR and stand for the Delmann Heights Community Center, be approved. 9 8/17/92 INSTALLATION SECURITY LIGHTING PERRIS HILL PARK- LYTLE CREEK PARK NICHOLSON PARK - WILDWOOD PARK- APPROVAL OF PLANS & AUTHORIZATION TO ADVERTISE FOR BIDS (10) In a memorandum dated July 30, 1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for the installation of security lighting in Perris Hill Park, Lytle Creek Park, Nicholson Park, and Wildwood Park have been prepared and the project is ready to be advertised for bids. The project consists of removing existing security lights, installing new lights, and upgrading existing electrical service panels. The total estimated project cost is $399,000. Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that the plans for construction of security lighting in perris Hill Park, Lytle Creek Park, Nicholson Park and Wildwood Park, in accordance with Plan No. 8747, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. CLAIMS AND PAYROLL (11) Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, tha~ the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated August 11, 1992 from the Acting Director of Finance, be approved. PERSONNEL ACTIONS ( 12) Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated August 6, 1992, in accordance with all administrative regulations of the City of San Bernardino, be approved. JOINT POWERS FINANCING AUTHORITY - REGULAR MEETING (13) Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that the regular meeting of the Joint Powers Financing Authority be adjourned to September 21, 1992. RES. 92-333 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN RECORDS BY THE FINANCE DEPARTMENT. (14) 10 8/17/92 RES. 92-334 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHOR I ZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN BERNARDINO POLICE DEPARTMENT AND THE HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO ADDRESSING THE ILLICIT DRUG ACTIVITY IN PUBLIC HOUSING COMPLEXES KNOWN AS 9TH STREET AND WATERMAN GARDENS. (15) RES. 92-335 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF INDEMNITY AGREEMENT WITH HARMON AUTO CENTER, CENTER CHEVROLET, CREST CHEVROLET, AND TOYOTA OF SAN BERNARDINO RELATIVE TO VEHICLES TO BE USED IN THE CITIZEN'S PATROL PROGRAM. (16) RES. 92-336 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, "A RESOLUTION DESIGNATING CERTAIN STREETS OR PORTIONS THEREOF AS THROUGH HIGHWAYS ;" AND PROVIDING THAT "H" STREET IS A THROUGH HIGHWAY AT ITS INTERSECTION WITH DOVER DRIVE. (17) RES. 92-337 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, "A RESOLUTION DESIGNATING CERTAIN STREETS OR PORTIONS THEREOF AS THROUGH HIGHWAYS .;" AND PROVIDING THAT WIER ROAD IS A THROUGH HIGHWAY AT ITS INTERSECTION WITH HARWICK DRIVE. (18) RES. 92-338 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION AND ACCEPTANCE OF A "PERMIT TO ENTER" AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR ENTRY UPON CITY-OWNED PROPERTY GENERALLY LOCATED AT 1208 NORTH "H" STREET (FIRE MAINTENANCE STATION #47). (19) RES. 92-339 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING BOUNDARIES FOR PORTIONS OF KENDALL DRIVE, KENDALL WAY, AND BUCKBOARD DRIVE, AND THE DEDICATION OF SAME FOR STREET AND HIGHWAY PURPOSES. (20) Council Member Hernandez made a motion, seconded by Council Member Minor, that said resolutions be adopted. Resolution Nos. 92-333, 92-334, 92-335, 92-336, 92-337, 92- 338, and 92-339 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. 11 8/17/92 DEL ROSA AVENUE STREET IMPROVEMENT CONTRACT DATE STREET TO CARPENTER STREET- RANCO CORPORATION AWARD OF (22) Council Member Hernandez made a motion, seconded by Council Member Minor, that the transfer of $13,800 from Account No. 772- 301-57303, "Street Improvements, AM/PM Station at the northeast corner of Del Rosa Avenue and Date Street, CUP No. 89-20," to Account No. 242-362-57888, "Del Rosa Avenue, north of Date Street," be approved; and that said Resolution No. 92-340 be adopted. RES. 92-340 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO RANCO CORPORATION FOR CONSTRUCTION OF STREET IMPROVEMENTS ON DEL ROSA AVENUE, FROM DATE STREET TO CARPENTER STREET. (22) Resolution No. 92-340 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, ~il:er. Nays: None. Absent: None. RES. 92-341 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO TELETRONICS COMMUNICATIONS FOR THE FURNISHING AND DELIVERY OF ANNUAL MAINTENANCE CONTRACT FOR TH~ ':'ELEPHONE SYSTEMS I TO BE UTILIZED BY THE ADMINISTRATION/TELECOMMUNICATIONS DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-93-04. (23) RES. 92-342 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CHARLES E. HAMILTON TO PERFORM CONSULTING SERVICES FOR THE RISK MANAGEMENT DEPARTMENT. (24) Council Member Hernandez made a motion, seconded by Council Member Minor, that said resolutions be adopted. Resolution Nos. 92-341 following vote: Ayes: Hernandez, Maudsley, Minor, Absent: None. and 92-342 were adopted Council Members Estrada, Pope-Ludlam, Miller. Nays: by the Reilly, None. ORD. MC-846 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SUBSECTION F OF SECTION 5.04.525 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO BUSINESS REGISTRATION CERTIFICATES FOR COMMERCIAL, INDUSTRIAL AND RESIDENTIAL RENTAL OR LEASING. Final (25) Council Member Hernandez made a motion, seconded by Council Member ~i~orl ~~at sa~d ordinance ~e ccopted. Ordinance No. MC-846 was adopted by Ayes: Council Members Estrada, Reilly, the following vote: Her!landez, Maudsley, 12 8/17/92 Minor, pope-Ludlam, Miller. Nays: None. Absent: None. CITY ATTORNEY PENMAN RETURNED At 10:24 a.m., City Attorney Penman returned to the Council meeting and replaced Deputy City Attorney Rhemrev. UNDERGROUND STORAGE TANKS - AUTHORIZE PURCHASING AGENT TO ENTER INTO NEGOTIATED PURCHASE TO REMOVE UNDERGROUND TANKS - FIRE STATIONS 8, 10 & FIRE SHOP - RECEIVE & FILE REPORT (9) In a memorandum dated August 5, 1992, Victor Lorch, Director of Risk Management, stated that the City must comply with State and Environmental Protection Agency (EPA) standards for ensuring the City's Underground Storage Tanks (UST's) do not contaminate the groundwater. The City currently owns/operates twenty-one UST' s at ten locations throughout the City that range in age from four years to in excess of twenty-five years. The standards provide that all tanks installed prior to 1984 must be upgraded to, and new tanks must meet, stringent new standards, which include: monitoring systems to detect unauthorized release; spill/overfill protection; secondary containment and line leak detection for piping; and cathodic corrosion protection and inner lining. These standards are time-phased based upon the age of the tanks, with a final completion deadline of 1998. Additionally, until complete compliance is achieved, each tank must be tested annually to assure that no leaks exist in either the tanks themselves, or in the associated piping. When leaks are detected, repair must be accomplished immediately. Exact costs to upgrade each tank cannot be accurately determined until the project is formally placed for bid, and can be expected to vary with each facility and condition. Should soil contamination be discovered adjacent to the tanks, required cleanup can increase the overall costs. Annually, both the Fire Department and Public Works/Engineering (Central Garage) have requested funds for UST upgrading, but these have either been denied or reduced. The time-phasing in of the standards would allow the City to partially upgrade the existing tanks. Leak detection/monitoring, and spill/overfill protection on each tank must be accomplished by a specific date, depending upon the age of that tank. The cathodic corrosion control and the inner lining may be deferred, but must be accomplished by December 1998, or the tank must be removed. The Fire Department proposes the removal of the UST' s at Stations 3, 5, 6, 8, 10 and the Fire Shop; thereafter locating two above ground tanks at Station 3 and 6. The Central Fire 13 8/17/92 Station must be upgraded with leak detection/monitoring, and spill/overfill protection by the end of 1993, and ultimately cathodic protection and inner lining, or removal by 1998. At the Central Garage, the five oil/hydraulic fluid tanks must be at least partially upgraded by the end of 1992. The four fuel tanks are in compliance until 1998. In a memorandum dated August 14, 1992, Victor Lorch, Director of Risk Management, stated that questions arose regarding why the City was utilizing a negotiated bid purchase versus a formal bid process. San Bernardino Municipal Code Section 3.04.072 permits a negotiated bid under certain circumstances when the City is not able to develop descriptive specifications. In this case, it is anticipated that there may be contaminated soil which may require removal and/or decontamination. It is difficult to provide detailed specifications relative to the amount of material to be removed until the excavation has occurred. In addition, EPA has mandates regarding timely removal of contaminated soil precluding the formal bidding process at that time. The negotiated bid process would allow the City to respond quickly to the problem, and explore options most economical to the City. It is therefore, recommended that a negotiated purchase be authorized which would permit the purchasing Agent to negotiate these issues in advance. Discussion ensued regarding the scope of the work, and the expense involved with complying with the regulations. Shauna Clark, City utilizing a negotiated procedure. Administrator, explained the purpose for bid process instead of a formal bid City Attorney Penman recommended that the following motion be adopted, in conjunction with the motions listed on the agenda: that once the negotiated purchase was accomplished that a contract be approved by the Mayor and Common Council to ensure that the contracted company has insurance naming the City as an additional insured. Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that the report entitled: "City of San Bernardino, Upgrading of Underground Storage Tanks" be received and filed; that the Purchasing Agent be authorized to enter into a negotiated purchase to remove the underground storage tanks at Fire Stations 8, 10 and the Fire Shop, in accordance with Municipal Code 3.04.070 I; and that once the negotiated purchase is accomplished that a contract be approved by the Mayor and Common Council to ensure that the contracted company has insurance naming the City as an additional insured. 14 8/17 /92 CITY ATTORNEY PENY~N EXCUSED At 10:27 a.m., City Attorney Penman left the Council meeting and was replaced by Deputy City Attorney Rhemrev. RES. 92-343 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH DANIEL, MANN, JOHNSON & MENDENHALL (DMJM) RELATING TO THE PROVISION OF PROFESSIONAL ENGINEERING DESIGN SERVICES FOR THE EXTENSION OF JRANGE SHOW ROAD, FROM ARROWHEAD AVENUE TO TIPPECANOE AVENUE. (21) Council Member Minor made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 92-343 was adopted by the following Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Ludlam, Miller. Nays: Council Member Hernandez. Absent: vote: Pope- None. JUNIOR ALL AMERICAN FOOTBALL PROPERTY - 1244 WEST 9TH STREET - THE MEETING - SEE PAGE 5 LEASE CITY OWNED DISCUSSED EARLIER IN (NE-1) Shauna Clark, City Administrator, explained that at its July 6, 1992 meeting, the Mayor and Council established the lease amount for the building at 1244 West 9th Street at $300 per month. Shortly thereafter, JAAF became concerned about the rental increase, and at the Council meeting of August 3, 1992, requested that the action be reconsidered; however, the issue was inadvertently omitted from the agenda. Keith Johnson, President, San Bernardino Junior All American Football, explained that JAAF had recently split into two separate organizations and was experiencing some difficulties; therefore, until the San Bernardino program can get back to a more secure financial standing, he requested that the rent remain $75 per month. Discussion ensued regarding the program, and its positive effect on the community as an alternative to gangs and drugs. Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the City Administrator be directed to prepare an agreement which calls for $75.00 a month rent to be charged for the next two years; and that the item return in two years for reconsideration. PUBLIC HEARING - CONSIDER INCREASES TO ON-SITE & OFF- SITE PLAN CHECKING & PE~~IT FEES (26) This is the time and place set for a public hearing to consider on-site and off-site plan checking, and permit fees. 15 8/17/92 In a memorandum dated July 28, 1992, Roger Hardgrave, Director of publi" Works/City Engineer, stated that the on-site and off-site plan checking and permit fees were last increased in November and December of 1990. Revenue projections for the 1992/93 Fiscal Year budget included $250,000 in additional funds from increases in these fees. Since these fees pertain to residential development, they cannot go into effect until sixty days after they are adopted, which means that if the fee increases are approved at the Mayor and Council meeting of August 17, 1992, they would go into effect on October 16, 1992, which leaves only approximately eight months in the 1992/93 Fiscal Year to collect the increased fees. The estimated additional revenue generated during these eight months would be approximately $210,000. The total estimated expenditures that would be incurred during the 1992/93 Fiscal Year for plan checking and providing inspection services for on-site and off-site improvements is $806,768. Mayor Holcomb opened the hearing. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, and unanimously carried, that the public hearing, to consider increases to the on-site and off-site plan checking and permit fees, be closed. Concern was expressed that could have a negative impact further inhibiting growth. these additional development fees on development in the City by City Administrator Clark explained that these resolutions do not increase all development fees, only one development fee; and that these fee increases were a part of the budget balancing package adopted in June, 1992. Council Member Pope-Ludlam made a motion, to reject said resolutions. The motion failed for lack of a second. RES. 92-344 - RESOLUTION OF THE CITY OF SAN ESTABLISHING OFF-SITE PLAN CHECKING AND FEES; AND RESCINDING RESOLUTION NO. 90-487. BERNARDINO INSPECTION (26-A) RES. 92-345 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 88-284 ENTITLED, IN PART, "RESOLUTION. . ESTABLISHING ON-SITE IMPROVEMENT PLAN REVIEW FEES AND PERMIT FEES," TO INCREASE PLAN CHECK FEE; AND RESCINDING RESOLUTION NO. 90-451. (26-B) Council Member Eernandez made a motion, seconded by Council Member Maudsley, that said resolutions be adopted. 16 8/17/92 Resolution Nos. 92-344 following vote: Ayes: Hernandez, Maudsley, Minor, Ludlam. Absent: None. and 92-345 were adopted by the Council Members Estrada, Reilly, Miller. Nays: Council Member Pope- COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council meeting. RES. 92-346 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT OF LEASE BY AND BETWEEN THE SEDLAK FAMILY TRUST AND THE CITY OF SAN BERNARDINO. (SBETA) (Continued from July 20, 1992) (27) Mayor Holcomb explained that the lessor has agreed to paint and landscape the buildings located at 646 North Sierra Way. Council Member Hernandez made a motion, seconded by Council Member Minor, that said resolution be adopted conditionally upon agreement that the lessor paint both buildings, and installs landscaping along the front and side of the building located at 646 North Sierra Way; and that this work be completed within ninety days, by November 16, 1992. Resolution No. 92-346 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Estrada. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 10.52.020 OF THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING A THIRTY-FIVE MILE PER HOUR SPEED ZONE ON ORANGE STREET, BETWEEN PACIFIC STREET AND HIGHLAND AVENUE. First (28) Council Member Maudsley made a motion, seconded by Council Member Minor, and unanimously carried, that said ordinance be laid over for final adoption. BELMONT & ROYAL OAK (SETBACK AREA ONLY) - TO PROCEED - CONTINUED LANDSCAPE MAINTENANCE DISTRICT TRACT NO. 14997 - AUTHORIZATION FROM AUGUST 3, 1992 (29) This is the time and place continued to for consideration of the Belmont and Royal Oak Landscape Maintenance District, setback area only, for Tract No. 14997. Council Member Member Hernandez, discussion purposes this time.) Minor that only. made a motion, seconded by Council said resolution be approved, for (Note: The:r-e was no vote taken at Roger Hardgrave, Director of Public Works/City Engineer, explained that the landscape maintenance district would only be 17 8/17/92 approved if the accompanying appeal, item thirty-eight, was denied, and Tentative Tract No. 14997 approved, based on the completion of the driveway at 3075 Belmont Avenue. Council Member Minor made a motion, seconded by Council Member Reilly, and unanimously carried, that the City Engineer and City Clerk be authorized to proceed with initiating proceedings for the establishment of an assessment district under the provisions of Chapter 12.90 of the San Bernardino Municipal Code; and that the City Engineer be directed to prepare an Engineer's Report for the proposed maintenance of front and side yards within the setback areas of Tentative Tract No. 14997. CASA RAMONA, SECCOMBE LAKE WAIVE COSTS INC. 16TH OF SEPTEMBER PARK - UTILIZE CITY FORCES CELEBRATION- & EQUIPMENT- (31) In a memorandum dated August 5, 1992, Annie Ramos, Director of Parks, Recreation and Community Services, stated that Cas a Ramona, Inc., a non-profit organization, has scheduled the use of Seccombe Lake Park for its Sixth Annual Mexican Independence Day celebration. As part of its request, Cas a Ramona has requested a waiver of fees and costs involved for use of the park. The estimated total costs are approximately $1,616.54 for this event. Resolution No. 91-35 allows the Mayor and Council to exempt non-profit corporations and associations, organized primarily for patriotic, civic betterment or charitable purposes, from the rates and fee schedule for the use of parks and recreation facilities, services and equipment under the condition that paying the fees would create a hardship, or if the event is of unusual benefit to the citizens of San Bernardino. This event is one in which a large segment of the population participates, and which has been attended in the past five years by 7,000 to 10,000 people each year. This is a one day event featuring entertainment, food and drink, culminating with the main event in the evening which is a Mexican Castillo, a fireworks display. Casa Ramona would provide security for the event in order to mitigate the requirements of the City Police for this event in a City facility. This activity in Seccombe Lake Park has been successful in promoting Hispanic history and culture in our City. The benefits of the event for all City inhabitants are such that, as has been done for other such events, the fees could be waived. Council Member Miller made a motion, seconded by Council Member Hernandez, that utilization of City crews and equipment for assisti.ng Casa Ramona, Inc., a non-profit corporation, in their 16th of September celebration at Seccombe Lake Park be authorized; and that the fees for use of facilities and equipment and the expenses incurred by the use of City forces and equipment 18 8/17/92 in providing said assistance, ~e waived. The motion carried by the following vote: Members Reilly, Hernandez, Pope-Ludlam, Miller. Member Maudsley, Minor. Absent: Council Member Ayes: Nays: Estrada. Council Council FAITH TEMPLE APOSTOLIC PARADE SEPTEMBER 5, EQUIPMENT - WAIVE COSTS CHURCH - "DRUG FREE COMMUNITY" 1992 UTILIZE CITY FORCES & (32) In a memorandum dated August 8, 1992, Fred Wilson, Assistant City Administrator, stated that a letter had been received from Faith Temple Apostolic Church, Inc., requesting a waiver of fees in connection with its "Drug Free Community Parade" scheduled for September 5, 1992. The total estimated costs for this event is $4,139.18. Although their letter indicates a waiver of fees has been approved for parades in 1990 and 1991, staff has been unable to find confirmation of this through research of Council minutes. Donald Antonio, Steward, Faith Temple Apostolic Church, Inc., 1745 N. Mt. Vernon Avenue, San Bernardino, CA, answered questions from the Council regarding the parade in support of a drug free community. Discussion ensued parade has had over encouraging a drug free regarding the past community. the two positive years in impact that promoting the and Deputy City Attorney Rhemrev explained that in this case there does not appear to be a conflict with the separation of church and state, as the purpose of the parade as described by Mr. Antonio is non-religious. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that utilization of City crews and equipment for assisting Faith Apostolic Church in the conduct of its "Drug Free Community" parade, September 5, 1992 be authorized; and that the fees for use of City personnel and equipment in providing said assistance, be waived. The motion carried by the following yote: Ayes: Members Reilly, Hernandez, Maudsley, Pope-Ludlam, Miller. Council Member Minor. Absent: Council Member Estrada. Council Nays: ELECTRICAL ENERGY FEES USE YOUTH SPORTS ORGANIZATIONS OF OUTDOOR FACILITIES- (33) In a memorandum dated August 6, 1992, Annie Ramos, Director of Parks, Recreation and Community Services, stated that on January 15, 1992 the Mayor and Council approved a budget reduction package which included the establishment of electrical energy fees to be charged to youth sports organizations for use 19 8/17/92 of outdoor sports lights. exempted by Resolution No. sports lighting. Local youth sports organizations are 91-35 from paying fees for outdoor At a public hearing on March 2, 1992, youth sports representatives, principally representing little leagues, proposed self-imposed conservation measures in lieu of light energy fees. In response to this proposal, the Council acted to forego amending Resolution No. 91-35, thereby deferring the fees. Additionally, since the resolution only exempted local (defined as 51% City residents) youth organizations, the Council acted on April 6, 1992, to waive fees for light use for non-resident youth organizations through July 1, 1992. Staff was directed to report back to Council the results of the conservation efforts. Both kilowatt usage and actual utility costs were compared on a month for month basis for March, April, May and June of 1991 and 1992 for seventeen sites (twenty-one fields) utilized by youth sports organizations. Two sites, Winstead Field and Highland Girls Fields had results skewed by outside factors, consequently, figures from these two sites were not included in the summary of results. Fifteen sites, representing eighteen ballfields are used in comparison for this summary. Of the fifteen sites, 3even sites showed an actual reduction in kilowatt usage, and eight sites showed increases in kilowatt usage compared to 1991. In looking at actual dollar savings, the effects of increased rates becomes obvious. A total of $193 was saved as a result of conservation measures. This is a one percent sayings in dollars comparing 1992 costs to 1991. The seven sites practicing conservation accounted for only thirty-four percent of the total energy used, the remaining eight sites consumed energy at nearly twice the amount, accounting for sixty-six percent of total energy used. The practice of conservation, while certainly a.ppropriate, does not appear to be a yiable solution with respect to a controlled method of budget reduction. Evidenced by the recent efforts, conservation was both unpredictable and ineffective. While conservation is not a viable budget reduction measure, the alternative of charging a fee to local youth sports organizations does not need immediate action. The proposal to charge fees was first made to address the budget shortfall identified in January, 1992. The shortfall was in the 1991/92 budget, and was mitigated through other resources. The 1992/93 budget was balanced without requiring the projected $52,000 in revenue. Under these circumstances, and unless another revenue shortfall is anticipated or a revenue resource is diminished by actions of the State, a more appropriate recourse would be to refer this item to a Council Committee for further study. A second issue that does require action is the charging of 20 8/17/92 fees for non-resident youth organizations. Resolution No. 91-35 exempts only local youth organizations from paying fees for outdoor sports facilities. On April 6, 1992 Council waived fees for non-resident youth organizations through July 1, 1992. That waiver has now expired. There are three options: to take no action, deferring to the resolution, essentially imposing the fees established for non-resident users; to extend the waiver to conform with the additional study of light usage fees; and to amend the resolution to eliminate the residency requirement. Staff recommends the second alternative. Council Member Hernandez made a motion, seconded by Council Member Miller, that the issue of establishing electrical energy fees for the use of outdoor facilities by youth sports organizations, be referred to the Ways and Means Committee for further study. (Note: There was no vote taken at this time.) COUNCIL MEMBER ESTRADA RETURNED At 11:10 a.m., Council Member Estrada returned to the Council meeting and took her place at the council table. John Kramer, Superintendent of Recreation; Parks, Recreation and Community Services, answered questions from the Council regarding non-resident youth organizations electrical energy fees. He explained that Little League representatives have met with representatives from the City of Highland and have been denied any financial assistance to pay the electrical energy fees. Mayor Holcomb expressed opposition to the City paying lighting fees for non-resident teams because, he felt that there were too many unmet needs for the City's own citizens, to be paying for lighting fees for non-resident teams. He felt that youth sports organizations have the ability, through fund raising efforts, to pay the electrical energy fees for outdoor lighting. A discussion was held regarding how charging the outdoor lighting fees could impact both resident and non-resident youth sports organizations. It was the consensus of the Council that the issue of charging electrical energy fees to resident and non-resident youth sports organizations should be referred to the Ways and Means Committee to work out an equitable proposal for all parties involved. Council Xem~er Hernandez made a substitute motion, seconded by Council Member Maudsley, and unanimously carried, that the issue of establishing electrical energy fees for the use of outdoor facilities by youth sports organizations, be referred to 21 8/17/92 the Ways and Means Co~~ittee for further study; and that fees for light use on outdoor facilities by non-resident youth organizations be referred to the Ways and Means Committee. COUNCIL MEMBERS MINOR & POPE-LUDLAM EXCUSED At 11: 16 a.m., Council Members Minor and Pope-Ludlam left the Council meeting. CHANGE ORDER AUDIT - MAYOR HOLCOMB (34) Mayor Holcomb spoke in support of orders in an effort to resolve concerns Penman. an audit of all change raised by City Attorney Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that the discussion and possible action relative to an audit of all change orders approved by the Council in the last twelve months, be continued to later in the meeting. (See page 39) RECESS MEETING At 11:17 a.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 11:27 a.m., thc ~cg~lar meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; Deputy City Attorney Empeno, City Clerk Krasney. Absent: Council Member Estrada; City Administrator Clark. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:27 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. RES. 92-347 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN EMERGENCY SHELTER GRANT PROGRAM FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE FRAZEE COMMUNITY CENTER. (R-5A) RES. 92-348 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE C:TY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN EMERGENCY SHELTER GRANT PROGRAM FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SALVATION ARMY. (R-5B) 22 8/17/92 Council Member Minor made a motion, seconded by Council Member Miller, that said resolutions be adopted. Resolution Nos. 92-347 and 92-348 were adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Estrada. COURT STREET - DIAGONAL PARKING (R-7 A&C) In a memorandum dated August 5, 1992, Kenneth Henderson, Executive Director, Economic Development Agency /Development Department, stated that diagonal parking on Court Street, between "E" and "D" Streets, is a short-term project recommended in the Downtown Urban Plan. The conversion to diagonal parking would reduce the undesirable impact of traffic on pedestrians, as well as increase the parking supply for downtown customers. Staff and Project for Public Spaces (PPS) have completed a "test" of angled parking on both sides of Court Street using taped parking strips and City cars. Based upon observations of this small trial, it appears feasible to try a limited six month trial of the plan for two-way traffic on Court Street with angle parking on both sides of the street. At the end of the six month i:rial, if it is judged a success, there would be a second six month period in which to develop a permanent improvement plan for the street which incorporates the results of the test period. During this second six month period, the permanent plan would be presented for Council/Commission review and construction would be completed. There are concerns that must be evaluated during the six month trial period; however, it should be emphasized that a success on Court Street would not automatically provide a plan for other streets which involve other issues that do not affect Court Street. The six month trial period would allow for a test of an angle parking design that does not meet the current standards of the Development Code. Angle parking was phased out for reasons that included property damage accident rates, handicapped access requirements, maintenance costs, delivery space, visibility of business signs, and traffic conflicts when a vehicle backs out of a space, are among other issues that would be tested during the six month trial. Alternatives that increase the yield for parallel parking can also be studied. Staff would test the effectiveness of the plan through time lapse photography, speed checks, and input from the citizens and local business owners. Project for Public Spaces (PPS) and Public works have previously conduc~ed time lapse photography, speed checks and traffic counts. The time lapse photography showed that Court Street, which is not a major street, is too wide for the volume of traffic it carries which acts as a 23 8/17/92 barrier to pedestrian traffic; the sidewalks are too narrow, and have not yet been improved with streetscape treatments; many pedestrians jaywalk in the middle of Court Street; and there is a light traffic flow of cars. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Common Council, and Community Development Commission authorize the development of an experimental diagonal parking plan on Court Street between "E" and "D" Streets; and that the Mayor and Common Council, and Community Development Commission authorize the Public Works Department to advertise for bids for the installation of the proposed diagonal parking plan. MOBILE HOME PARK INSPEC~ION & REHABILITATION PROGRAM (R-9) In a memorandum dated Augus t 13, 1992 , Kenneth Henderson, Executive Director, Economic Development Agency /Development Department, stated that on May 1, 1991, staff implemented the Mobile Home Park Inspection Program. The State, under Title 25 of the California Code of Regulations, Chapter 2, requires cities to conduct inspections, to eliminate blight and to improve the quality of life within Mobile Home Parks. This activity is car:ried out under the auspices of the Mobile Home Park Rent Board, in conjunction with City building inspectors. City inspectors are requested to cite all mobile homes in violation of Title 25, Chapter 2, and other related City building codes with a thirty day provision to correct problems cited. On November 4, 1991 the Mayor and Council approved in concept, without a funding commitment, a Mobile Home Park Inspection and Rehabilitation Program to provide grants to assist mobile home owners to upgrade substandard housing conditions based upon certification of income eligibility. The Community Development Commission has considered the matter, and approved the concept with the following conditions: that the funds used for this program not be City funds; and that if a homeowner sold his /her home wi thin a year, they would have to repay the Agency for the grant received. Staff has designed a program to assist mobile home park residents in upgrading their housing conditions. The program would encompass the following eligibility criteria: grant assistance would be limited to a maximum of $1,000 per mobile home; applicant(s) must be the owner(s) of record of the mobile home; funding is strictly for corrections identified and cited by the Department of Planning and Building Services building inspectors; only :OW income families would be eligible to apply for the grant to be funded by Community Development Block Grant (CDBG) funds; and the applicant must meet income eligibility requirements established by the U. S. Department of Housing and 24 8/17/92 Urban Development (HUD). Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Common Council approve $100,000 in Community Development Block Grant (CDBG) Appropriated Reserve Account funds to finance the Mobile Home Park Inspection and Rehabilitation Program. CAPITAL IMPROVEMENTS ASSOCIATION (YMCA) YOUNG MEN'S CHRISTIAN (R-lO) In a memorandum dated August 13, 1992, Kenneth Henderson, Executive Director, Economic Development Agency/Development Department, stated that a request had been received from the YMCA for $65,000 for the replacement of the swimming pool filter system at the Uptown Branch; renovation of the existing shower facility; and removal of architectural barriers for the handicapped in the men's and women's restroom at the Downtown Branch. The filter system for the Uptown Branch swimming pool was installed in 1959, and even though the filter system has been properly maintained, it is badly deteriorated. The repair of the filter system for the swimming pool is important in order to sustain the YMCA's current level of programs, as well as to enlarge the present program's capabilities. In 1990, the City through the CDBG program, re-plastered the outdoor pool in an effort to assist the YMCA in continuing to offer quality aquatic services to the residents of the City. The Downtown renovations include the men's shower area, which would enable the YMCA to continue to serve the homeless with a shower and clean clothes. With the expansion of the shower facility, the YMCA would be able to serve a greater number of homeless persons without a significant impact on other programs, and space requirements for their regular program participants. The renovation of the men's and women's restroom facilities would eliminate architectural barriers, and make the facilities more accessible for handicapped persons. On July 30, 1992, the Community Development Citizens Advisory Committee considered this matter and recommended approval to the Mayor and Council. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Common Council approve $65,000 in Community Development Block Grant (CDBG) Appropriated Reserve Account funds for the renovation of the men's shower facility and restrooms at the Downtown Branch, and the replacement of the swimming pool filter system at the Uptown Branch of the Young Mens Christian Association (YMCA). COUNCIL MEMBER ESTRADA ARRIVED At 11:34 a.m., Council Member Estrada arrived at the Council meeting and took her place at the council table. 25 8/17/92 ORD. MC-847 AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 3.18 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE ENTERPRISE ZONE. Final (R-ll) Discussion ensued regarding the purpose of the Enterprise Zone program incentives to create jobs, and to attract and retain businesses in the community. Concern was expressed whether during these economic times it was prudent to eliminate financial programs such as Enterprise Zone incentives. difficult assistance Mayor Holcomb explained that by repealing the Enterprise Zone ordinance the City's general fund would be relieved of the cost of the incentives, and urged approval in the interest of protecting the general fund. He also explained that there would be no interim gap of inactivity between the dissolution of the Enterprise Zone program and the implementation of the replacement program, entitled the Direct Incentives and Linkage (DIAL) Program. The DIAL program would be funded by the Economic Development Agency, instead of the City. He explained that under the DIAL program, assistance requests would be handled on a case- by-case basis which would more effectively meet the needs to the applicants on a city-wide basis. Concern was expressed that in attempting to handle applications on a case-by-case basis it would be difficult to be fair and even handed. It was also expressed that the process had the potential to become political. Council Member Minor made a motion, seconded by Council Member Reilly, that said ordinance be adopted. Kenneth Henderson explained that by replacing the Enterprise Zone program incentives with the DIAL program incentives, the nature of the program would be broadened, and incentives would be available city-wide. He explained that there would be no changes with respect to housing; and the only difference would be that the incentives would not be granted based on geographic location. He explained that the program costs the City's general fund approximately $100,000 annually. Ord. No. MC-847 was adopted by Council Members Reilly, Hernandez, Council Members Estrada, Pope-Ludlam, the following vote: Ayes: Maudsley, Minor. Nays: Miller. Absent: None. OPTION HOUSE, INC. - SALE OF PROPERTY - 838 N. LUGO (R-12) In a memorandum Executive Director, dated August 12, 1992, Economic Development Kenneth Henderson, Agency/Development 26 8/17/92 Department, stated that a written notice has been received from Option House, Inc., exercising its option to purchase the subject property presently leased by Option House. On August 2, 1982, the City entered into a lease/option agreement with Option House, Inc., stating that the Lessee shall have the option to purchase the subject property. Option House has received from the State of California, Department of Housing and Community Development, Emergency Shelter Program a grant in the amount of $180,548 which expires March 7, 1993. Pursuant to the lease option, Option House wishes to use the State grant to purchase the property located at 838 North Lugo Avenue. Staff would need to open escrow to facilitate the sale of the property. Staff has reviewed Option House's request and finds it meets the requirements set forth in the lease/option agreement. Staff recommends approval of the sale of the property; and requests authorization to execute any and all documents concerning the sale of the property. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Common Council approve the sale of the property to Option House; and that the Mayor and City Clerk be authorized to execute any and all documents affecting the sale and transfer of the property located at 838 North Lugo to Option House, Incorporated. RES. 92-349 COUNCIL OF THE AMENDMENT NO. ONE AGREEMENT CREATING BERNARDINO REGIONAL RESOLUTION OF THE MAYOR AND COMMON CITY OF SAN BERNARDINO APPROVING TO THE JOINT EXERCISE OF POWERS AN AGENCY TO BE KNOWN AS THE SAN AIRPORT AUTHORITY. (R-15) Mayor Holcomb expressed opposition to changing the name of the San Bernardino Regional Airport Authority to the San Bernardino International Airport Authority as proposed. He felt that the International designation would be appropriate at some time in the future, but not at this time. Discussion ensued regarding the work the Airport Authority has been doing to change the image of Norton A.F.B. from a small regional airport into a successful marketable international trade center/airport advocating international trade, and a part of the success would depend on bringing international markets to San Bernardino. It was clarified that only the Airport Authority itself would bear the name of the San Bernardino International Airport Authority, not the Base itself. Council Member Hernandez made a motion, seconded by Council Member ~eilly, ~~a~ saie reso~~~ion be adopted. Resolution No. 92-349 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, 27 8/17/92 Minor, Pope-Ludlam, ~iller. Nays: None. Absent: None. RECESS MEETING At 12:46 p.m., the regular meeting of the Mayor and Common Council recessed to a luncheon workshop in the Management Information Center (MIC Room), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California, to discuss ambulance issues. RECONVENE MEETING - LUNCHEON WORKSHOP At 1:00 p.m., the regular meeting of the Mayor and Common Council reconvened in the Management Information Center (MIC Room), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk vale with the following being present: Mayor Pro Tem Minor; Council Members Estrada, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, Deputy City Clerk Vale, City Administrator Clark. Absent: Mayor Holcomb; Council Member Reilly. Also present: Chief wright, Fire Department; Deputy City Attorney Simmons, City Attorney's Office. RECESS TO CLOSED AMBULANCE ISSUES At 1:00 p.m., the closed session to discuss SESSION LUNCHEON WORKSHOP- (35) Council recessed to Mayor and Common ambulance issues. CLOSED SESSION At 1:00 p.m., Mayor Pro Tem Minor to order in the Management Information Floor, City Hall, 300 North "D" California. called the closed session Center, (MIC ROOm), Sixth Street, San Bernardino, ROLL CALL Roll call was taken by Deputy City Clerk Vale with the following being present: Mayor Pro Tem Minor; Council Members Estrada, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, Deputy City Clerk Vale, City Administrator Clark. Absent: Mayor Holcomb; Council Member Reilly. Also present: Chief Wright, Fire Department; Deputy City Attorney Simmons, City Attorney's Office. MAYOR HOLCOMB ARRIVED At 1:05 p.m., Mayor Holcomb arrived at the closed session. COUNCIL MEMBER REILLY ARRIVED At 1:05 p.m., Council Member Reilly arrived at the closed session. 28 8/17/92 CITY CLERK KRASNEY ARRIVED At 1:05 p.m., City Clerk Krasney arrived at the closed session and replaced Deputy City Clerk Vale. ADJOURN CLOSED SESSION At 2:00 p.m., the closed session adjourned to the regular meeting of the :1ayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 2: 04 p. m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney being present: Mayor Holcomb; Council Members Maudsley, Minor, Miller; Deputy City Attorney Krasney. Absent: Council Members Estrada, Administrator Clark. with the following Reilly, Hernandez, Empeno, City Clerk Pope-Ludlam; City PUBLIC HEARING TENTATIVE CONDITIONAL USE PERMIT NO. 92-04 - TOWNHOUSE DEVELOPMENT - CONTINUED TRACT NO. 15451- 118 UNIT - VICTORIAN FROM AUGUST 3, 1992 (36) This is the time and place continued to for a public hearing to consider the approval of Conditional Use Permit No. 92-04, and Tentative Tract No. 15451, to construct Phase I, sixty-eight units of a two phase, 118 unit affordable housing project on a site consisting of approximately 4.6 acres located within a block bounded by 6th Street, "F" Street, 7th Street and "G" Street. In a memorandum dated August 6, 1992, Al Boughey, Director of Planning and Building Services, stated that at its meeting of August 3, 1992 the Mayor and Council continued this item to enable the applicant to respond to questions raised concerning project financing. Also, in a memorandum dated August 13, 1992, Mr. Boughey provided information in response to the Council's request for detailed information regarding the affordability of the low income units for the development, and a letter supporting the project's proposed historic preservation mitigation measures. COUNCIL MEMBER ESTRADA RETURNED At 2:05 p.m., Council Member Estrada returned to the Council meeting and took her place at the council table. ~ayor Eo~com~ ope nee ~~e hecrinc. Counc il Member Member Miller, and Minor made unanimously a motion, carried, seconded by Council that the hearing be 29 8/17/92 closed. Council Member Hernandez made a motion, seconded by Council Member Reilly, and unanimously carried, that the Mayor and Common Council adopt the Mitigated Negative Declaration, adopt the Mitigation Monitoring and Reporting Program, and approve Tentative Tract No. 15451 and Conditional Use Permit No. 92-04, based on the findings of fact and subject to the conditions of approval and standard requirements. PUBLIC HEARING - HISTORIC BUILD:NG DEMOLITION ORDINANCE - CONTINUED FROM JULY 20, 1992 (37) This is the time and place continued to for a public hearing to consider the historic building demolition ordinance. In a memorandum dated July 30, 1992, Al Boughey, Director of Planning and Building Services, stated that this City initiated amendment to Municipal Code Chapter 15.37 (Urgency Historic Structure Demolition Ordinance, MC-694) would facilitate changes to the review process for Demolition Permit Applications for buildings and structures fifty years old and older. This item has been continued on several occasions so that concerns expressed during preceding meetings could be addressed. Staff proposes to revise the ordinance to incorporate the following elements: establish specific mandatory timeframes for review and decisions on demolition permit applications; modify the elements required for Historic Resource Evaluation Reports; and include a provision for the notification for the Historic Preservation Task Force of Demolition Permit Applications. COUNCIL MEMBER At 2:18 p.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the Mayor Holcomb opened the hearing. Mayor Holcomb spoke in opposition to the ordinance as proposed, and questioned the purpose of a law requiring that a private owner maintain, in perpetuity, a building that is not economically viable to its owner. He felt that if a building was historically significant then the City should pay to maintain it for the public's pleasure and well being. A discussion was held relative to historic preservation; and how private and public money could be best utilized to achieve harmony between historic preservation efforts and new development that can generate economic growth. Concern was expressed that the demolition 'needs to be formalized so included which would allow for public process for historic that provisions can be input, and not hinder 30 8/17/92 either the development of property, or the preservation of historic buildings. Al Boughey, Director of Planning and Building Services, stated that under the California Environmental Quality Act (CEQA) if the project has the potential to degrade or eliminate important examples of major periods of California history then an Environmental Impact Report (EIR) is required. Mayor Holcomb stated that historic preservation should not stand in the way of development, new jobs and economic revitalization. Discussion ensued regarding the concerns Holcomb, and how they can be addressed in satisfy all parties involved. outlined by Mayor the ordinance to Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the public hearing be closed. 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 APPLICATIONS FOR POTENTIALLY HISTORIC BUILDINGS AND STRUCTURES. First (37) Council Member Reilly stated that present at the last Council meeting, he planning items, minutes, and viewed rebroadcast on Channel 3. although he had reviewed the Council was not all the meeting Council Member Estrada made a motion, seconded Member Maudsley, and unanimously carried, that the Common Council adopt the negative declaration; and ordinance be laid over for final adoption. by Council Mayor and that said APPEAL TENTATIVE TRACT NO. 14997 CONTINUED FROM JULY 20, 1992 BARBARA SKY (38) This is the time and place continued to for an appeal of the Planning Commission's approval of Tentatiye Tract No. 14997, to subdivide 3.13 acres into ten single-family lots in an area designated by the General Plan as RL, Residential Low. In a memorandum dated August 6, 1992, Larry Reed, Assistant Director of Planning and Building Services, stated that the appellant, Barba:.>:a Sky, ~equests ~:h2.~ the Y;:ayor and Council reevaluate the approval of the residential subdivision. At its meeting of July 20, 1992, the Mayor and Council continued the appeal to August 17, 1992 so that staff could proceed with the 31 8/17/92 code enforcement investigation and violation issuance; and if the driveway was not installed by August 17, 1992, the Council could take action to deny approval of the Tentative Tract. On August 5, 1992, the Public Works Department issued a permit for the construction of the required driveway for 3075 Belmont Avenue. The construction of the driveway was in progress. Mayor Holcomb opened the hearing. Barbara Sky, 6464 Palm Avenue, San Bernardino, CA, requested that Public Works present its oral report; and recommended that the item be continued until the driveway was 100% completed. Council Member Estrada made a motion, seconded Member Miller, to reconsider Tentative Tract No. Conditional Use Permit No. 92-04 to construct an housing project on 6th Street, item thirty-six. by Council 15451, and affordable The motion failed by Members Estrada, Reilly, Hernandez, Maudsley, Minor, the following vote: Ayes: Miller. Nays: Council Pope-Ludlam. Absent: None. Council Members Roger Hardgrave, Director of Public Works/City Engineer, stated that the driveway has been graded and the crew has been scheduled to apply the asphalt and scaler today. Barbara Sky stated that the driveway was not completed when she left her home at 10:30 a.m.; she requested that the City refund her $110 appeal fee; and she felt that her rights were violated by not being able to have a hearing on the code violation she filed before the Board of Building Commissioners. Deputy City Attorney Empeno stated that if there was a code violation it would be heard by the Board of Building Commissioners, and if appealed, it would be heard by the Mayor and Common Council. Council Member Hernandez made a motion, seconded by Council Member Miller, to return to Barbara Sky the $110 fee she paid to appeal the approval of Tentative Tract No. 14997. (Note: There was no vote taken at this time.) A discussion ensued submitted by Barbara Sky. regarding the written questions Council Member Minor made a motion, seconded by Council Member Reilly, and unanimously carried, that the hearing be closed; that the Mayor and Common Council deny the appeal, and uphold the approval of t~e Planning Commission of ~entative Tract No. 14997, subject to the findings of fact, conditions of approval and standard requirements contained within the Planning Commission staff report dated May 19, 1992; and that the negative 32 8/17/92 declaration be adopted. Council Member Miller made a motion, Member Hernandez, and unanimously carried, fee paid by Barbara Sky be refunded. seconded by Council that the $110 appeal APPEAL DENIAL - CONDITIONAL USE PERMIT NO. 91-40- COMMUNITY CARE FACILITY LICENSED ALCOHOL & DRUG ABUSE RECOVERY FACILITY 40 RESIDENTS EXISTING MULTI-FAMILY STRUCTURE - 596 WEST 6TH STREET - MARIANNE BARKLAGE - CONTINUED FROM JULY 20, 1992 (39) This is the time and place continued to for an appeal of the Planning Commission's denial of Conditional Use Permit No. 91-40 to permit a community care facility to serve as a licensed alcohol and drug abuse recovery facility, for forty residents, in an existing multi-family structure located at 596 West 6th Street in the RM, Residential Medium, land use category. In a memorandum dated August 6, 1992, Al Boughey, Director of Planning and Building Services, stated that the applicant, Marianne Barklage, is requesting authorization to establish a community care facility to serve as a licensed alcohol and drug abuse recovery facility for forty residents, in an existing multi-family structure. The property is located on the northeast corner of 6th Street and "F" Street. The applicant proposed tenant improvements to the interior of the structure to accommodate the physical requirements for the community care facility. The Planning Commission, at its June 16, 1992, meeting denied the application based on the findings that the proposal was not consistent with the Development Code in that the proposed forty resident community care facility is not a permitted use in the RM, Residential Medium land use designation. The Development Code allows community care facilities, for six or less persons, in all residential designations consistent with State law. Community care facilities with seven or more persons are subject to approval of a conditional use permit, and are not permitted in any residential designation. The Development Code states that the Planning Commission may approve a conditional use permit only if all the findings of fact listed therein are made. The proposed use is not conditionally permitted within the subject land use district. Mayor Holcomb opened the hearing. John Lightburn, P.O. Box 1622, San Bernardino, CA, requested a six-mon~h con~inuance in order to resolve legal problems, and requested that the Conditional Use Permit No. 91-40 application be put on the Planning Department's inactive list pending the resolution of the lawsuit. 33 8/17/92 Al Boughey, Director of Planning and Building Services, recommended that action be taken based on the fact that this type of facility is not allowed in this zone under the City's codes. The applicant has the options of applying for a General Plan Amendment and/or a Development Code Amendment to allow this use. Mr. Lightburn stated that the overrules City zoning ordinances permit for this type of use. Fair Housing Amendment Act requiring a conditional use Council Member Minor made a motion, seconded by Council Member Hernandez, that the hearing be closed; and that the Mayor and Common Council deny the appeal and deny Conditional Use Permit No. 91-40, based on the findings of fact. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Maudsley, Y.inor, Pope-Ludlam, Nays: Council Member Estrada. Absent: None. Council Miller. PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 92-03- MISCELLANEOUS INDOOR & OUTDOOR RECREATIONAL USES - CH DISTRICT (40) This is the time and place set for a public hearing for an amend.:ncr:t to Development Code Section 19.06.020, Table 06.01, Commercial and Industrial Districts List of Permitted Uses, to permit miscellaneous indoor recreational uses in the CH, Commercial Heavy land use designation with a development permit, and outdoor recreational uses in the same district with a conditional use permit. In a memorandum dated July 28, 1992, Al Boughey, Director of Planning and Building Services, stated that when the General Plan was adopted, property on West Foothill Boulevard was designated CH, Commerc ial Heavy, on the Land Use Map. Subsequent to the adoption of the General Plan, but prior to the adoption of the Development Code, a conditional use permit for a go-cart track was approved for the site. When the Development Code was adopted, miscellaneous indoor and outdoor recreational uses were inadvertently omitted from the Table of Permissible Uses in the Commercial Heavy designation. Due to the omission, the owner of the go-cart track was unable to intensify the use at the recreational facility. In order to consider any requests, a Development Code Amendment to allow miscellaneous indoor and outdoor recreational uses in the Commercial Heavy district is necessary. At its May 7, 1992 meeting, the Environmental Review Committee (ERC) recommended a negative declaration, and an initial study was made available for public review and comment. No comments were receivec. The proposed amendment would be consistent with General Plan Objective 1.30 and Policy 1.30.10 whose intent is to provide 34 8/17/92 for the development of projects requiring extensive use of indoor or outdoor space in the CH, Commercial Heavy land use designation. The proposed amendment would further implement the policy and objective by establishing a means by which miscellaneous indoor and outdoor recreational uses which require substantial outdoor or indoor space can be established in the CH land use district. The proposed amendment would revise Table 06.01 to permit miscellaneous indoor recreational uses in the Commercial Heavy land use district, city-wide, subject to the approval of a development permit; and miscellaneous outdoor recreational uses in the Commercial Heavy zone subject to the approval of a conditional use permit. The Planning Commission at its June 16, 1992 meeting reviewed the proposed amendment and recommended adoption of the negative declaration and approval of Development Code Amendment No. 92-03. Mayor Holcomb opened the hearing. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.06.020, TABLE 06.01 COMMERCIAL AND INDUSTRIAL DISTRICTS LIST OF PERMITTED USES, OF THE SAN BERNARDINO MUNICIPAL CODE (TITLE 19 - THE DEVELOPMENT CODE) RELATING TO MISCELLANEOUS INDOOR AND OUTDOOR RECREATIONAL USES IN THE COMMERCIAL HEAVY LAND USE DISTRICT. First (40) Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that the hearing be closed; that the Mayor and Common Council adopt the negative declaration; and that said ordinance be laid over for final adoption. INITIATE PROCESSING DEVELOPMENT CODE AMENDMENT PARCEL MAP (41) In a memorandum dated August 6, 1992, Al Boughey, Director of Planning and Building Services, stated that staff has identified ambiguities in the Development Code pertaining to residential versus commercial/industrial parcel maps, and parcel map improvement agreements. Subdivisions of land for commercial or industrial purposes differ from subdivisions, of four or fewer parcels, for residential purposes in terms of types and timing of improvements. The Development Code does not clearly differentiate between the two types of parcel maps. Staff estimates that the cost for processing this amendment should not exceed $500 including review '::>y Public Works and the City Attorney's Office. This amendment would not be subject to California Environmental Quality Act (CEQA) since it clarifies the processing language and does not result in a change that 35 8/17/92 would affect the use of property, so there would be no costs associated with environmental review. Parcel map applications are still subject to CEQA review. The County filing fee would not be required. Council Member Reilly made a motion, seconded by Council Member Estrada, and unanimously carried, that the Mayor and Common Council direct Planning staff to prepare an amendment to the Development Code to clarify the language between residential versus commercial/industrial parcel maps. COUNCIL MEMBERS ESTRADA, POPE-LUDLAM & MILLER EXCUSED At 4:03 p.m., Council Members Estrada, Pope-Ludlam and Miller left the council meeting. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND MICHAEL J. ARNOLD AND ASSOCIATES, INC., RELATING TO ADVOCACY SERVICES IN CONNECTION WITH LEGISLATIVE ACTIONS IN SACRAMENTO. (RAS-1) Council Member Maudsley made a motion, seconded by Council Member Minor, and unanimously carried, that consideration of an agreement between the City of San Bernardino and Michael J. Arnold and Associates, Inc., relating to advocacy services in connection with legislative actions in Sacramento, be continued two weeks to September 8, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECESS MEETING At 4:06 p.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 4: 1 7 p. m ., the regular meet ing 0 f the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Vale with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor; Deputy City Attorney Rhemrev, Deputy City Clerk Vale, City Administrator Clark. Absent: Council Members Estrada, Pope-Ludlam, Miller. RES. 92-350 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, SUCCESSOR TO THE SOUTH SAN BERNARDINO COUNTY WATER DISTRICT, ASSESSING PROPERTIES WITHIN THE PREVIOUS DISTRICT BOUNDARIES IN THE AXOC'~T OF $1'-,625.00 FOR THE "ISCAL YEAR 1992/93. (S-l) 36 8/17/92 RES. 92-351 A RESOLUTION OF THE BERNARDINO AUTHORIZING THE DETERMINATION THE SPECIAL TAX IN COMMUNITY FACILITIES 995 FOR FISCAL YEAR 1992-93. CITY OF SAN AND LEVY OF DISTRICT NO. (S-2) Council Member Reilly made a motion, seconded by Council Member Minor, that said resolutions be adopted. Resolution Nos. 92-350 and 92-351 were adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor. Nays: None. Absent: Council Members Estrada, pope-Ludlam, Miller. COUNCIL MEMBERS POPE-LUDLAM & MILLER RETURNED At 4:18 p.m., Council Members Pope-Ludlam and returned to the Council meeting and took their places council table. Miller at the MEMORANDUM OF UNDERSTANDING DEPARTMENT OF WATER RESOURCES - CONSTRUCTION OF SECOND AFTERBAY - DEVIL'S CANYON POWER PLANT - AUTHORIZATION TO EXECUTE (5-3) In a memorandum dated August 12, 1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that negotiations have been conducted with the Department of Water Resources over the past three years relative to construction of the Second Afterbay for the Devil's Canyon Power Plant. Negotiations have lead to the development of a Memorandum of Understanding (M.O.U.). The Department of Water Resources, hereafter referred to as "the Department" has requested that the M.O.U. be approved by the City prior to award ofc'1e contract. Concerns over the safety of the afterbay, particularly during a seismic event, have been expressed by adjoining residents. The M.O.U. provides the construction would not commence until the Department was satisfied and that the project can be constructed and operated in a safe manner. A copy of the Independent Review of Design and Safety of the Devil Canyon Second Afterbay report has been submitted to the City for reference. This report was prepared by a Department board of three independent, private consultants and certifies as to the safety of this project. The M.O.U. states that the Department would implement measures to minimize construction traffic, noise and dust outside normal working hours. However, some work (except hauling) may, on occasion, be done after normal working hours. The special provisions have more details on the Department's requirements. Sec~ion ~~~ee ?~ovides ~~a~ ~he Qepar~~en~ would pay one-half of the cost for improving Ohio Ayenue. Since the south half is being improved by developers, the Department's one-half would be the north side. The street improvements would be done by the 37 8/17/92 City, after reaching agreement on the items to be included, and then the Department would be billed for the cost. It is anticipated that the items would be curb and gutter, sidewalk, paving, street lights and one-half of the box culvert for Bailey Creek. The Department is agreeable to paying a significant portion of the estimated cost upon approval of the items of work and estimate. The balance ould be billed after the final costs are known. Landscaping would be done under a separate contract, and is to be completed by the Spring of 1995. The Department will dedicate up to thirty acres for development as a park; however, no time limit has been specified for the development of this area, and construction and maintenance of the park would be the City's responsibility. The Comprehensive Flood Control Master Plan for Bailey Creek, developed under the auspices of the Flood Control District, shows a debris basin at the mouth of the canyon, with a concrete lined trapezoidal channel downstream. Three sites are being considered for the debris basin. The first, at the mouth of the canyon, is not acceptable for environmental reasons. The second, north of Verdemont Avenue, also has some envi~c~~ontal concerns a An exception is included in the M. O. U. that the Department would not be involved in any work that damages the riparian vegetation identified by the Department of Fish and Game north of Verdemont Avenue; this exception would apparently rule out the second site. The third site, north of Ohio Ayenue, has the least environmental concerns, but is least acceptable to the Flood Control District. Approval of the District is necessary, due to our understanding that they would assume responsibility for maintenance and operation of the channel and debris basin, provided that the improvements are constructed in accordance with their requirements. The M.O. U. states that the Department will pay their fair share of the cost. Since one of the conditions of approval for the tentative tract, on land acquired by the Department, was to construct the Bailey Creek Channel, the City would expect the State to finance all costs. The proposed M.O.U. is the result of extensive negotiations. While it may not be as specific as the City would like, all of the major concerns of the City and adjoining residents appear to be adequately addressed, therefore, staff is recommending that the M.O.U. be approved. Council Member Minor made a motion, seconded by Council Member Reilly, and unanimously carried, that the Mayor be authorized and directed ~o execute, on behal= of the City, the Memorandum of Understanding between the City and Department of Water Resources, of the State of California, concerning construction of the Second Afterbay and Devil Canyon Power Plant; 38 8/17/92 with the condition that the State dedicate the land to the City of San Bernardino for a natural park. CHANGE ORDER AUDIT - MAYOR HOLCOMB - (Discussed earlier in the meeting) (See Page 22) (34) In a memorandum dated August 7, 1992, Mayor Holcomb, stated that the City Attorney through public statements and a letter to the Grand Jury, has requested an investigation on the basis that change orders approved by the Counc il at recent meetings, have been tainted with improprieties. Unfortunately, the Grand Jury, having just reconvened with new membership, is unable to attend to this investigation for several months. Even if it could be completed in a timely manner, the investigation would be performed on a confidential basis. Allegations of misuse of taxpayers funds must be addressed expediently. For the best interest of all concerned, Mayor Holcomb requested that the Council formally authorize an audit of change orders. The audit would cover all change orders approved by the Council in the last twelve months and would be performed by a reputable CPA firm. If the Council wishes to extend the scope of this audit to include all change orders approved by the Council over the last three years, there would be no objection. Council Member Minor made a motion, seconded by Council Member Maudsley, and unanimously carried, that the discussion and possible action relative to an audit of all change orders approved by the Council in the last twelve months, be continued for two weeks to September 8, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 4:21 p.m., Council Member Pope-Ludlam left the Council meeting. COUNCIL MEMBER ESTRADA RETURNED At 4:21 p.m., Council Member Estrada returned to the Council meeting and took her place at the council table. RES. 92-352 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTIVE DIRECTOR, DIRECTOR, ASSISTANT DIRECTOR, DISASTER PREPAREDNESS COORDINATOR, AND DISASTER PREPAREDNESS REPRESENTATIVE OF EMERGENCY SERVICES TO EXECUTE APPLICATIONS AND DOCUMENTS FOR THE PURPOSE OF OBTAINING FINANCIAL ASSISTANCE UNDER THE FEDERAL CIVIL DEFENSE ACT OF 1950, AS AMENDED, EFFECTIVE JULY 5, 1988, AND REPEALING RESOLUTION NOS. 00 ~nA ~n ~n~ "~n ~~ '~n '-"-'-_.~ -f (C_"'. , - , Council Member Miller made a motion, seconded by Council Member Hernandez, that said resolution be adopted. 39 8/17/92 Resolution Ayes: Council Minor, Miller. Ludlam. No. 92-352 was adopted by the following vote: Members Estrada, Reilly, Hernandez, Maudsley, Nays: None. Absent: Council Member Pope- COUNCIL MEMBER At 4:23 p.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the ADJOURNMENT (42) At 4:25 p.m., Council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that the meeting be adjourned to Tuesday, September 8, 1992, at 8:30 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL KRASNEY City Clerk By ~I"*~..~ d~,- Melanie Vale Deputy City Clerk No. of Items: 72 No. of Hours: 8 40 8/17/92