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HomeMy WebLinkAbout10-19-1992 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING OCTOBER 19, 1992 COUNCIL CHAMBERS The regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 8:33 a.m., Monday, October 19, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by city Clerk Rachel Clark with the fOllowing being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Estrada, Pope-Ludlam. RECESS MEETING - CLOSED SESSION (1 & 5-1) At 8:33 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: a. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9(b) (1), as there is significant exposure to litigation; b. based on existing facts and circumstances, set out below, the city Council is meeting only to decide whether a closed session is authorized pursuant to California Government Code Section 54956.9(b) (2); c. to confer with the attorney regarding litigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending Section decide d. to consider personnel matters pursuant to Government Code Section 54957; e. 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; 1 10/19/92 f. 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: The identity of each person with whom negotiations are authorized is: ; g. to meet with an applicant for a applicant's attorney pursuant section 54956.7; city license and the to Government Code h. to meet with the Chief of Police regarding matters of public security pursuant to Government Code section 54957; i. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party to pursuant to Government Code section 54956.9(a) as follows: Stubblefield Construction Company. et al vs. city of San Bernardino. et al - San Bernardino Superior Court Case No. 242998; San Bernardino Superior Court Case No. 252058; city of San Bernardino vs. Libertv 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; Tomas Armendariz. et al vs. James F. Penman. et al. - united States District Court Case No. 91-5757; Guardian Bank vs. James F. Penman. et al - united States District Court Case No. 92-4415 WDK (Ex); Guardian Bank vs. James F. Penman. et al - San Bernardino County Superior Court Case No. 272631; city of San Bernardino vs. Chambers Cable - San Bernardino Superior Court Case No. 264793; Maryanne Johnson vs. city of San Bernardino - San Bernardino Superior Court Case No. SACV 92575; Tomas Armendariz. et al vs. James F. Penman. et al - San Bernardino Trial Court Case No. 271093; victor Aquilar. et al vs. Cal Nev Pipeline Co. - Los Angeles superior Court Case No. C751026; 2 10/19/92 Edmena Burnev. et al vs. So. Pac. Transportation Co. - Los Angeles Superior Court Case No. BC 000876; James Dickev. Inc.. vs. Cal Nev Pipe Line Co.. city et al- San Bernardino Superior Court Case No. 251310; Ervin Hawkins. et al vs. So. Pac. Transportation Co.. - Los Angeles Superior Court Case No. BC 000825; Fred Ledbetter vs. citv of San Bernardino - San Bernardino Superior Court Case No. 256173; Marv E. Washinaton vs. So. Pac. Transportation Co. - San Bernardino Superior Court Case No. 256346; Durrell Lucas. et al vs. Lake Minerals Corporation. et al- San Bernardino Superior Court Case No. 255165; Petrillo vs. citv of San Bernardino Superior Court Case No. 255735; San Bernardino Kranvac vs. Countv/citv - United States District Court Case No. SACV 91-400 GLT (RWRx). CLOSED SESSION At 8: 33 a. m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Estrada, Pope-Ludlam. Also present: Senior Assistant city Attorney Morillo, Administrative Operations Supervisor Scroggin, City Attorney's Office; victor Lorch, Director of Risk Management. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Vale read the titles of all the resolutions and ordinances on the regular, supplemental, and Community Development Commission agendas while the Council was in closed session. COUNCIL MEMBER ESTRADA ARRIVED At 8:39 a.m., Council Member Estrada arrived at the closed session. 3 10/19/92 SENIOR ASSISTANT CITY ATTORNEY MORILLO EXCUSED At 8: 57 a.m., Senior Assistant City Attorney Morillo left the closed session. VICTOR LORCH, DIRECTOR OF RISK MANAGEMENT EXCUSED At 8:58 a.m., victor Lorch, Director of Risk Management left the closed session. MAYOR HOLCOMB EXCUSED At 9:00 a.m., Mayor Holcomb left the closed session. COUNCIL MEMBER HERNANDEZ EXCUSED At 9:01 a.m., Council Member Hernandez left the closed session. ADJOURN CLOSED SESSION At 9:27 a.m., the closed session adjourned to the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. RECONVENE MEETING At 9:34 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 City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant City Attorney Morillo, City Clerk Rachel Clark, Assistant city Administrator wilson. Absent: None. INVOCATION The invocation was given by Rev. Barnabas Laubach, st. Bernardine's Medical Center. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Hernandez. PROCLAMATION - RED RIBBON WEEK - OCTOBER 24, NOVEMBER 1, 1992 1992 TO (4) Ms. Jeri Simpson, Executive Director, San Bernardino Community Against Drugs, 234 North Arrowhead Avenue, San Bernardino, CA, explained that this is the sixth year that San Bernardino will celebrate Red Ribbon Week. She stated that Red Ribbon Week started in 1985 when Drug Enforcement Agent Enrique Camarena was killed by drug traffickers. Wearing Red Ribbons demonstrates support for a drug free environment. 4 10/19/92 J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring the week of October 24, 1992 to November 1, 1992, as Red Ribbon Week in the city of San Bernardino. Jeri Simpson from San Bernardino Community Against Drugs was present to accept the proclamation. COMMENDATION SAN BERNARDINO CHAPTER DAUGHTERS OF AMERICA - COURT OF OUR LADY OF 1306 CATHOLIC PEACE NO. (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending the San Bernardino Chapter, Catholic Daughters of America, Court of Our Lady of Peace No. 1306. The Chapter was chartered on February 26, 1939, to bring together catholic women eighteen years and older to participate in national, state and local programs. Clara O'Campo, Regent, and Josephine Escamilla, Past Regent, were present to accept the commendation. MAYOR V. M. SINJUTIN - RESOLUTION CONFIRMING SISTER CITY AFFILIATION - CITY OF ZAVOLZHIJE, RUSSIA (2-A) Thelma Press, Director of Cultural and International Affairs, Mayor's Office, stated that in October 1991, Mayor Vladimir Sinjutin of the Town Council of Zavolzhije, Russia expressed a desire to establish a sister cities affiliation with the city of San Bernardino. Zavolzhije, Russia will be the eighth sister city of San Bernardino. Thelma Press introduced a delegation of dignitaries from the city of Zavolzhije, Russia who presented their credentials to the Mayor and Council, exchanged gifts with the Mayor and Council, and ceremoniously signed the resolutions. RES. 92-400 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE SISTER CITY AFFILIATION WITH THE CITY OF ZAVOLZHIJE, RUSSIA. (2-A) Council Member Miller made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 92-400 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley I Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. INTRODUCTION FRANK KELLER TELEVISION MANAGER NEWLY-APPOINTED CABLE (2-8) Mr. Frank Keller, Cable Television Manager, presented a brief history of his work in broadcasting. 5 10/19/92 SERVICE PIN AWARD CEREMONY J. Lorraine Velarde, Executive Assistant to the the names of employees receiving service pin awards. (4) Mayor, read ~ Each employee received a service pin from Mayor Holcomb in gratitude of his/her many years of dedicated service to the city. PUBLIC COMMENTS TIM GERGEN INTERVENTION PROGRAM LOS PADRINOS GANG (3) Tim Gergen, Executive Director, Los Padrinos, 909 North "0" street, San Bernardino, CA, presented a progress report on the Los padrinos program. Over the past two months there has been progress in confronting many hard core gang members about their destructive behavior, and turning them into constructive law abiding members of the community. The Los padrinos program deals with hard core gang members in a no nonsense manner through supervision, work projects, individual and family counseling and the return to school as serious students. Bobby Vega, Program Coordinator, thanked the Council for their support of the youth involved in the Los padrinos program. Several gang members explained their involvement in work projects with the Los padrinos program. Lydia Martinez, thanked the Council for their support of the program. RECESS MEETING At 10:12 a.m., Mayor Holcomb declared a ten-minute recess. RECONVENE MEETING At 10:22 a.m., the regular meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "0" street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant City Attorney Morillo, City Clerk Rachel Clark, Assistant City Administrator wilson. Absent: Council Member Hernandez. PUBLIC COMMENTS - ROGER DUMAS (3) Roger Dumas, a resident of San Bernardino, CA, requested that Chapter 9.28 of the San Bernardino Municipal Code be revised so that the penalty imposed for violation of Section 9.28.010, be an infraction; and the penalty imposed for violation of section 9.28.020, is a felony. '~, 6 10/19/92 COUNCIL MEMBER HERNANDEZ RETURNED At 10:24 a.m., Council Member Hernandez returned to the Council meeting and took his place at the council table. PUBLIC COMMENTS - JEFF WRIGHT - NUCLEAR WASTE FACILITY NEAR NEEDLES, CA (3) Jeff Wright, P.O. Box 2341, San Bernardino, CA, expressed concern about the proposed nuclear waste facility to be built near Needles, CA, and the types of medical nuclear waste, and toxins that would be dumped there. He requested that the City go on record as prohibiting any rail and vehicular transport of the nuclear waste through the City of San Bernardino on its way to the waste facility. PUBLIC COMMENTS - JIMMY DE VITA (3) Jimmy De Vita, a resident of Rialto, CA, urged everyone to vote on November 3, 1992, and stated his support for Red Ribbon week and a drug free community. COUNCIL MEMBER ESTRADA EXCUSED At 10:30 a.m., Council Member Estrada left the Council meeting. CITY ATTORNEY PENMAN RETURNED At 10:34 a.m., City Attorney Penman returned to the Council meeting and replaced Senior Assistant City Attorney Morillo. WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (5) Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that further reading of resolutions and ordinances on the regular, supplemental and Community Development Commission agendas, be waived. COUNCIL MINUTES (6) Council Member Minor made a motion, seconded by Council Member Hernandez, 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: July 6, 1992, and July 20, 1992. POLICE DEPARTMENT - ESTABLISH SALARIES - RANGES P-4, P-5, P-6, & P-7 - EFFECTIVE AUGUST 1, 1992 (7) In a memorandum dated September 25, 1992, Barbara Dillon, Director of Personnel, stated that Section 186 of the city Charter establishes a formula for setting salaries for local safety employees, effective August 1 of each year. city staff has reached agreement with Police Management employees on the ten 7 10/19/92 cities whose salaries will be averaged to determine this year's P-4, P-5, P-6, and P-7 salaries for the Police Department. The cities selected are: Chula Vista, Garden Grove, Hayward, Oceanside, Ontario, Oxnard, Pasadena, Santa Rosa, Simi Valley, and Torrance. The new monthly salary ranges, effective August 1, 1992, range from $5,656 per month for a P-4, Police Lieutenant to $8,058 per month for a P-7, Police Chief. The total added cost for salaries and fringe benefits, adding 34.72% to reflect variable fringe benefits which rise with salary, is $55,208. Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that the salaries for Police Department Ranges P-4 (Police Lieutenant), P-5 (Police Captain), P-6 (Assistant Chief of Police) and P-7 (Chief of Police) be established, effective August 1, 1992, as outlined in the attached staff report; and that the Personnel Department be authorized to prepare an amendment to Resolution No. 6429. FIRE DEPARTMENT - ESTABLISH SALARIES - RANGES P-7, FIRE MARSHALL & TRAINING OFFICER AUGUST 1, 1992 P-5, P-6, EFFECTIVE (8) In a memorandum dated October 7, 1992, Barbara Dillon, Director of Personnel, stated that section 186 of the city Charter establishes a formula for setting salaries for local safety employees, effective August 1 of each year. City staff has reached agreement with Fire Management employees on the ten cities whose salaries will be averaged to determine this year's P-5 (Training Officer and Fire Marshall), P-6 (Deputy Fire Chief), and P-7 (Fire Chief) salaries for the Fire Department. The cities selected are: Chula Vista, Fremont, Hayward, Inglewood, Oxnard, Pasadena, Rancho Cucamonga, Simi Valley, Stockton, and Thousand Oaks. The new monthly salary ranges, effective August 1, 1992, range from $5,729 per month for a P-5, Battalion Chief, to $7,956 per month for a P-7, Fire Chief. The total added cost for salaries and fringe benefits, adding 34.72% to reflect variable fringe benefits which rise with salary, is $6,032. Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that the salaries for Fire Department Ranges P-5 (Battalion Chief), P-6 (Deputy Fire Chief), and P-7 (Fire Chief), Fire Marshall and Training Officer be established, effective August 1, 1992, as outlined in the attached staff report; and that the Personnel Department be authorized to prepare an amendment to Resolution No. 6429. LARGE FAMILY DAY CARE HOMES LEGISLATIVE REVIEW COMMITTEE REFER MATTER TO (9) In a memorandum dated October 8, 1992, Council Member Pope- Ludlam, stated that on June 18, 1992, Planning staff took the 8 10/19/92 issue of large family day care homes to the Legislative Review Committee for review and recommendation because the Development Code was not consistent with state law as far as permitting these uses. The Legislative Review Committee directed staff to proceed with an urgency ordinance to permit large family day care homes subject to locational criteria. The urgency ordinance was approved by the Mayor and Council on July 6, 1992. The state Health and Safety Code differentiates between large, seven to twelve children, and small, up to six children, family day care homes which are different from day care homes. The Health and Safety Code stipulates that jurisdictions cannot prohibit large family day care homes on lots zoned for single family dwellings, and lists three non-discretionary options for permitting family day care homes as follows: permit large family day care homes by right; grant a non-discretionary permit if the large family day care home complies with all local code requirements pertaining to spacing and concentration, traffic control, parking and noise control; or grant a non-discretionary permit as in the previous, and notify everyone within 100 feet. At the direction of the Legislative Review Committee, staff prepared an amendment to the Development Code to permit large family day care homes in single family residences in residential land use districts with a 500 foot distance requirement, consistent with the second option. The 500 foot distance requirement, measured from property line to property line, may be overly restrictive in some instances where there is some sort of barrier between the two homes in question. Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that the matter be referred to the Legislative Review Committee for review and recommendation. CARNEGIE DRIVE & VANDERBILT DRIVE ASPHALT CONCRETE - APPROVAL OF PLANS ADVERTISE FOR BIDS - FINAL O. 1 FOOT & AUTHORIZATION TO (10) In a memorandum dated October 2, 1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for the placement of the final 0.1' asphalt concrete on carnegie Drive, from Hospitality Lane to Vanderbilt Drive; and on Vanderbilt Drive from carnegie Drive to Waterman Avenue, have been prepared and the project is ready to be advertised for bids. The total estimated project cost is $65,000. An amount of $65,000 has been allocated in the Street Construction Fund to finance the costs that will be incurred on this project. Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that the plans for placement of the final 0.1' asphalt concrete on Carnegie Drive, 9 10/19/92 from Hospitality Lane to Vanderbilt Drive; and on Vanderbilt Drive, from Carnegie Drive to Waterman Avenue, in accordance with Plan No. 8806, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. ACTION GRANT RETIRED SENIOR VOLUNTEER AUTHORIZATION TO RECEIVE & ADMINISTER FISCAL YEAR 1992/93 PROGRAM- $43,714- (11) In a memorandum dated October 9, 1992, Annie Ramos, Director of Parks, Recreation and Community Services, stated that the city has been notified that it will continue to receive an ACTION grant for the Retired Senior Volunteer Program (RSVP) for Fiscal Year 1992/93 in the amount of $43,714. The RSVP program provides senior citizens the opportunity to invest their time and talents by working for a variety of organizations, and has operated in the City for approximately eighteen years. RSVP volunteers are currently serving in sixty- four sites throughout the city and surrounding area. During the past year, over 360 senior citizen volunteers have donated more than 75,000 hours of work. When figured at the minimum wage, this equates to over $318,750 worth of community service. City matching funds required for this program are in the current budget in the form of cash match and in-kind support services. In addition, RSVP receives donations from local organizations and holds fund raising events to offset some of the costs of operation during the budget year. Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Director of Parks, Recreation and community Services Department be authorized to receive and administer an ACTION grant in the amount of $43,714 to continue the Retired Senior Volunteer Program for the period October 1, 1992 through June 30, 1993. CLAIMS AND PAYROLL (12) Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated October 13, 1992 from the Acting Director of Finance, be approved. PERSONNEL ACTIONS (13) Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated October 7, 1992, in accordance with all administrative regulations of the City of San Bernardino, be approved. 10 10/19/92 JOINT POWERS FINANCING AUTHORITY - REGULAR MEETING (14) Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that the regular meeting of the Joint Powers Financing Authority be adjourned to November 2, 1992. RES. 92-401 - RESOLUTION OF THE CITY OF SAN BERNARDINO REQUESTING THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO PERMIT THE COUNTY REGISTRAR OF VOTERS TO RENDER SERVICES TO THE CITY OF SAN BERNARDINO, RELATING TO A MUNICIPAL ELECTION TO BE HELD ON MARCH 2, 1993. (15) RES. 92-402 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF TWO AGREEMENTS BETWEEN THE HEADSTART/STATE PRESCHOOL DEPARTMENT OF HUMAN RESOURCES AGENCY FOR SAN BERNARDINO COUNTY AND THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO RELATING TO THE HEADSTART PROGRAM AT THE DELMANN HEIGHTS COMMUNITY CENTER. (16) Council Member Minor made a motion, seconded by Council Member Hernandez, that said resolutions be adopted. Resolution Nos. 92-401 and 92-402 were adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Estrada. RES. 92-403 - RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING THE APPRAISER'S DETERMINATION OF FAIR MARKET VALUE OF THE LAND LOCATED ON THE NORTH SIDE OF 40TH STREET, WEST OF ACRE LANE, IN THE CITY OF SAN BERNARDINO, CALIFORNIA, CERTIFYING THE WORK OF THE APPRAISER AND AUTHORIZING PAYMENT IN THE AMOUNT OF FORTY-SIX THOUSAND TWO HUNDRED TWENTY SIX DOLLARS ($46,226) FOR THE PURCHASE OF SAID LAND. (18) Council Member Minor made a motion, seconded by Council Member Hernandez, that the payment of $4,000 for appraisal services and $4,000 for escrow, title and closing costs, be authorized; and that said resolution be adopted. Resolution No. 92-403 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Estrada. 11 10/19/92 RES. 92-404 - 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 OLIVE STREET IS A THROUGH HIGHWAY AT ITS INTERSECTION WITH CINCINNATI STREET. (21) RES. 92-405 - 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 ADAMS STREET IS A THROUGH HIGHWAY AT ITS INTERSECTION WITH SAN ANSELMO STREET. (22) RES. 92-406 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF STREAMBED ALTERATION AGREEMENT NO. 5-544-92 WITH THE CALIFORNIA DEPARTMENT OF FISH AND GAME RELATING TO CONSTRUCTION OF A BOX CULVERT ON LITTLE LEAGUE DRIVE AT CABLE CREEK CHANNEL. (23) Council Member Minor made a motion, seconded by Council Member Hernandez, that said resolutions be adopted. Resolution Nos. 92-404, 92-405, and 92-406 were adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Estrada. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council meeting and took her place at the council table. RES. 92-407 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO MAKE APPLICATION FOR AND TO SECURE SURPLUS PROPERTY AT NORTON AIR FORCE BASE FOR PUBLIC PARK AND RECREATION PURPOSES. (17) Concern was expressed that this resolution should be continued until after the Base Master Plan is approved. Annie Ramos, Director of Parks, Recreation and community Services, stated that this resolution only demonstrates interest in the recreational facilities, and that the Master Plan would determine how many of these properties would be available to the City or other interested agencies. Council Member Miller made a motion, seconded by Council Member Minor, that said resolution be adopted. 12 10/19/92 Resolution No. 92-407 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Abstain: Council Member Estrada. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED MAINTENANCE OF LANDSCAPING IN THE AREA OF PEPPER AVENUE AND RANDALL AVENUE, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 1007, ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 DOES NOT APPLY. (19) Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that said resolution creating Assessment District No. 1007, be tabled. RES. 92-408 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 89-395 ENTITLED, IN PART, "A RESOLUTION. . ESTABLISHING PARKING RESTRICTIONS FOR THE CENTRAL CITY MALL AREA AND THE FIVE-LEVEL CIVIC CENTER PARKING STRUCTURE. "TO RESERVE TWELVE PARKING SPACES FOR THE USE OF THE ECONOMIC DEVELOPMENT AGENCY, INCLUDING ONE HANDICAPPED PARKING SPACE, AND A LOADING ZONE, IN THE FIFTH LEVEL OF THE FIVE-LEVEL CIVIC CENTER PARKING STRUCTURE. (20) Fred Wilson, Assistant City Administrator, stated that the reserved parking spaces would be for customers of the Economic Development Agency, and not Agency employees. Council Member Pope-Ludlam made a motion, seconded by Council Member Minor, that said resolution be adopted. Ayes: Nays: Resolution No. 92-408 was adopted by the following vote: Council Members Reilly, Hernandez, Minor, Pope-Ludlam. Council Member Estrada, Maudsley, Miller. Absent: None. RES. 92-409 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CO-OPERATIVE AGREEMENT WITH THE CITY OF LOMA LINDA RELATING TO THE IMPROVEMENT OF TIPPECANOE AVENUE AT ROUTE I-10 FREEWAY. (24) Roger Hardgrave, Director of Public Works/City Engineer, stated that this project would widen Tippecanoe Avenue underneath the 1-10 freeway over pass, and would not be impacted by any street improvements done as the result of the Master Plan for Norton Air Force Base. 13 10/19/92 council Member Estrada made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 92-409 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley I Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. CITY ATTORNEY OPERATIONS - MANAGEMENT AUDIT PROPOSALS- CONTINUED FROM OCTOBER 5, 1992 - CITY ATTORNEY REQUEST - GRAND JURY AUDIT - CONTINUED FROM SEPTEMBER 21, 1992 (25 I; 31) In a memorandum dated October 16, 1992, Shauna Clark, City Administrator, stated that selection of a firm to perform the management audit of the city Attorney's Office has been narrowed down to two firms. Harvey M. Rose Accountancy Corporation and Ernst and Young submitted proposals. In a letter dated August 14, 1992, Ernst & Young, 18400 Yon Karman Avenue, suite #800, Irvine, CA, stated that the major focus of the study would be to evaluate the city Attorney's Office organizational structure, operating practices and interaction with overall City operations. The evaluation would focus on management systems and controls, human resources, operational efficiency and effectiveness, mission and role fulfillment; and address specific issues in such areas as: spans of control and reporting relationships, use of outside counsel, workload, use of management information systems and case management technology, internal communications, and customer services to city operations and departments. Ernst & Young has developed a methodology for organization improvement studies that is geared towards providing customer- focused performance improvements in quality, time and cost. This study would be a diagnostic review of the Off ice's operations. Ernst & Young will make findings and recommendations based upon the methodology, but implementation assistance is not included in the quoted fee. The workplan would include: Task 1 - initiate and manage project; Task 2 - collect baseline data; Task 3- conduct management interviews; Task 4 review office operations; and Task 5 - report to the city. In a letter dated August 21, 1992, Harvey M. Rose, CPA, President, Harvey M. Rose Accountancy Corporation, 1390 Market Street, suite #1025, San Francisco, CA, stated that the scope of the proposal for a management audit of the City Attorney's Office includes all internal administrative, managerial, fiscal and support staff issues, as well as many programmatic issues related to legal aspects of the operations of the clients served by the City Attorney. The proposed work plan is designed to be flexible, and can -- 14 10/19/92 be altered as necessary in order to best meet the needs and any fiscal constraints which the City might have. The firm has experience working in the San Bernardino County area, and has served the San Bernardino County Grand Jury as management auditor during fiscal years 1984/85 through 1991/92. The proposal includes: a detailed management audit work plan; relevant management audit and budget analysis experience pertaining to law offices, courts and related agencies, and specific relevant references; major management audit and budget analysis projects completed in the last five years; resumes of proposed project staff; and project cost. David Kennedy, ci ty Treasurer, stated that the proposals were evaluated in terms of work plan, experience, and fee. Both firms are qualified; however, one firm proposes to do sUbstantially more work than the other firm, and is therefore more expensive. Assistant city Administrator Wilson stated that Ernst & Young would charge $25,000 based on 220 hours of work, which equates to $113.66 per hour; and that Harvey M. Rose Accountancy Corporation would charge $65,000 based on 747 hours of work which equates to $87.00 per hour. Discussion ensued regarding the two firms, their qualifications, and the proposed scope of work in each proposal. Harvey M. Rose, President, Corporation, outlined the proposed Attorney's Office, and answered relative to the scope of the audit. Harvey M. management questions Rose audit from Accountancy for the City the Council Roger Mialocq, Vice President, Harvey M. Rose Accountancy Corporation, stated that the audit would take approximately twelve weeks from the entrance conference until the City is provided with a draft report. A discussion was held relative audit in the spring or summer of conducted after the upcoming mayoral to conducting the management 1993 so that it could be election. Several Council Members expressed opposition to postponing the management audit until 1993. The Council discussed the duties and staffing levels of the city Attorney's Office; and whether conducting the management audit at this time could have any potential negative impact on the pending Arden/Guthrie lawsuits. Mr. Rose explained that the purpose of a management audit is not to intrude on legal decisions made by the Mayor and council, 15 10/19/92 but to determine efficiency, effectiveness, and economy in the operation of the city Attorney's Office. city Attorney Penman explained that his request for additional funding was based solely on the fact that in 1993 many of the cases the city has decided not to settle out of court will go to trial. The request for additional funding is a one time request to pay for outside legal counsel to handle some cases. council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, to award the contract for a management audit of the city Attorney's Office to Harvey M. Rose Accountancy Corporation, and that the management audit be commenced at the earliest possible opportunity. The motion failed by the Members Hernandez, Pope-Ludlam. Reilly, Maudsley, Minor, Miller. following vote: Nays: Council Absent: None. Ayes: Council Members Estrada, COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the council meeting. CITY ATTORNEY PENMAN EXCUSED At 11:41 a.m., city Attorney Penman left the Council meeting and was replaced by Senior Assistant city Attorney Morillo. STREET VACATION & PROTEST HEARING BETWEEN 5TH STREET & SPRUCE STREET PICO AVENUE- (26) This is the time regarding the proposed Avenue lying between 5th and place set for a protest street vacation of a portion Street and Spruce Street. hearing of pico In a memorandum dated september 28, 1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that a request has been received from the Catholic Diocese of San Bernardino to vacate that portion of pico Avenue lying between 5th Street and Spruce Street, and east of Our Lady of Guadalupe Church. Authorization was given on June 15, 1992, to proceed with the proposed vacation and Plan No. 8733 was approved. utility companies and city departments were notified of the proposed vacation, and no negative comments were received; however, easements were requested for gas and sewer lines in the area proposed for vacation. A Notice of Exemption has been filed with the County Board of Supervisors for the proposed vacation, and a finding of consistency with the General Plan has been made. A Resolution of Intention has been adopted, reserving easements for both gas and sewer utilities over the entire area of the vacation, and setting a public hearing date of October 19, 1992. The Resolution of Intention has been published in a local 16 10/19/92 newspaper, notices have been posted in the area proposed for vacation, and all property owners adjacent to the proposed vacation were notified of said hearing. There appears to be no further necessity for that portion of pico Avenue lying between 5th street and Spruce Street and east of Our Lady of Guadalupe Church, either for present or future street purposes. No special requirements have been placed upon the proponents relative to the proceedings which would require an inspection of the area prior to the adoption of the Resolution Ordering Vacation. Staff recommends approval of the vacation on the basis of the following findings of fact: that said portion of the street has been determined by the Department of Public Works to be of no further necessity to the general public; and Our Lady of Guadalupe Church owns all the property on both sides of the area proposed for vacation and the required $1,000 fee has been paid. Mayor Holcomb opened the hearing. RES. 92-410 - RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF THAT PORTION OF PICO AVENUE LYING BETWEEN 5TH STREET AND SPRUCE STREET IN THE CITY OF SAN BERNARDINO AND RESERVING EASEMENTS FOR SANITARY SEWER AND GAS AND APPURTENANT FACILITIES THEREIN. (26) Council Member Hernandez made a motion, seconded by Council Member Estrada, that the hearing be closed; that the findings of fact set forth in the staff report from Roger G. Hardgrave, Director of Public Works/City Engineer as to why that certain portion of pico Avenue lying between 5th Street and Spruce Street, is no longer necessary for street purposes, be adopted; and that said resolution be adopted. Resolution No. 92-410 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Maudsley, Minor, Pope- Ludlam. Nays: Council Member Miller. Absent: Council Member Reilly. AN ORDINANCE OF THE CITY 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. (Continued fro. September 21, 1992) First (27) Council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that said ordinance relating to Business Registration Certificates for businesses selling spray paint and wide-tip markers, be continued to November 16, 1992, in the Council Chambers of City Hall, 300 North liD" street, San Bernardino, California. 17 10/19/92 AN ORDINANCE OF THE CITY OF SAN BERNARDINO SECTIONS 2.56.040 AND 2.56.070 TO CHANGE THE FOR FILING NOMINATION PAPERS FOR THE 1993 ONLY. First AMENDING DEADLINE ELECTION (28) Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that said ordinance be laid over for final adoption. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 13.32 OF THE MUNICIPAL CODE ENTITLED WASTEWATER FACILITIES, TO REPEAL CERTAIN SECTIONS AS OMITTED IN ORDINANCE NO. MC-835, AND TO REVISE THE MAXIMUM FINES ALLOWABLE FOR VIOLATIONS OF DISCHARGE STANDARDS. First (29) Council Member Estrada made a motion, seconded by Council Member Minor, that the ordinance amending Chapter 13.32 of the San Bernardino Municipal Code entitled Wastewater Facilities be continued to later in the meeting so that staff from the Water Department can be present to answer questions. (Note: There was no vote taken at this time.) (See page 21) COUNCIL MEMBER REILLY RETURNED At 11:46 a.m., Council Member Reilly returned to the Council meeting and took his place at the council table. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:48 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. ASSISTANT CITY ADMINISTRATOR WILSON EXCUSED At 11:48 a.m., Assistant city Administrator Wilson left the Council meeting. SENIOR ASSISTANT CITY ATTORNEY MORILLO EXCUSED At 11:48 a.m., Senior Assistant City Attorney Morillo left the Council meeting and was replaced by Senior Assistant city Attorney Barlow. MOBILEHOME RENTAL ASSISTANCE PROGRAM (R-3) In a memorandum dated October 14, 1992, Kenneth Henderson, Executive Director, Economic Development Agency/Development Department, stated that on April 4, 1991, a request was received from the Mobilehome Rental Assistance Program for $100,000 from the TWenty Percent Set Aside funds to fund the Mobilehome Rental Assistance Program. In May 1991, the Redevelopment Committee approved $100,000 18 10/19/92 of Twenty Percent Set Aside funds to be used to subsidize space rent in mobilehome parks for low and moderate income individuals. The Redevelopment Committee subsequently noted that there were 45 households receiving assistance at a maximum of $50 per month. Consideration was given to changing the maximum amount to $75 per month; however, the Committee recommended that the Mobilehome Rental Assistance Program remain at its current level of subsidy. Additionally, staff was authorized to develop an intensive marketing strategy for said program. currently, there are 171 households in the program, which is a 280% increase since August 1991. Because of the program's success, a supplemental FY 1992/93 appropriation is being requested. The request is for $70,000 in community Development Block Grant funds (CDBG) to finance the program through June 30, 1993. On October 13, 1992, the Housing Committee considered this matter and recommended approval. Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Mayor and Common Council appropriate $70,000 in community Development Block Grant (CDBG) funds to finance the Mobilehome Rental Assistance Program through June 30, 1993. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.90 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO MOBILEHOME PARK RENT STABILIZATION. First (R-6) Tim steinhaus, Agency Administrator, Economic Development Agency, requested that the ordinance pertaining to mobilehome park rent stabilization be continued to allow staff and the Mobile Home Rent Control Board to resolve several outstanding issues. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, that said ordinance amending Chapter 8.90 of the San Bernardino Municipal Code relating to mobilehome park rent stabilization, be continued to December 7, 1992, in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. (Note: There was no vote taken at this time.) Council Member Pope-Ludlam stated that she was changing her motion to table the ordinance. Council Member Hernandez withdrew his second to the motion. Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly, that said ordinance amending Chapter 8.90 of the San Bernardino Municipal Code relating to mobilehome park rent stabilization, be tabled. 19 10/19/92 The motion carried, by the following vote: Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Council Member Hernandez. Absent: None. council Members Miller. Nays: HOSPITALITY LANE SECURITY DISTRICT - RENEWAL (R-7) In a memorandum dated October 15, 1992, Kenneth Henderson, Executive Director, Economic Development Agency/Development Department, stated that Council Member Hernandez requested that staff prepare an agenda item regarding renewal of the Hospitality Lane Security District Agreement. On February 17, 1992, the Commission approved $34,945 to be used as matching funds to provide additional security services in the Hospitality Lane Security District. Special legal counsel to the Agency has reviewed all documents pertinent to the request and concluded that Redevelopment Tax Increment and Twenty Percent Set Aside funds were not eligible for the proposed services. However, Collateralized Mortgage Obligation (CMO) funds were available and used at that time. The circumstances today are identical. Subsequent to negotiations with the District, the resulting agreement was executed May 12, 1992, and expires November 30, 1992. Appropriate standard and customary provisions were included in the agreement and it was determined the Agency's reimbursement would not exceed $3,494 per month, and a maximum of $34,945 over the term of the loan. The security services have proven of value and warrant renewal of the contract under the same terms and conditions. Due to the uncertainty of the Agency's own financial condition, it is prudent not to extend the agreement beyond the current fiscal year. It is anticipated that more will be known about the state of the budget near the end of the contract, and the Agency's ability to renew it. Calculated at a rate of $3,494 for seven months the contract would expire June 30, 1993, and could not exceed $24,458 in total. In a letter dated October 19, 1992, Lt. Wes Farmer, Area Commander, San Bernardino Police Department, stated that analysis shows a positive correlation between the presence of the security company personnel and reduction in property crimes, and that there appears to be a "spillover" effect of reduced incidents of reported property crimes on adjacent properties not covered by the security service. The reduction in property crimes is significant enough to warrant continuation of the program. Council Member Hernandez made a motion, seconded by Council Member Reilly, and unanimously carried, that the Mayor and Common Council approve the use of Collateralized Mortgage Obligation (CMO) funds in the amount of $24,458 which shall be used as matching funds to procure additional security services in the Hospitality Lane Security District through June 30, 1993, and 20 10/19/92 authorize the Executive Director to execute the reimbursement agreement when completed. COMMUNITY DEVELOPMENT COMMISSION At this time, the Mayor and Common council, acting as the Community Development Commission, took action on Community Development Commission items. There was no further action taken on Mayor and Common council items during this portion of the meeting. RECESS MEETING At 12:34 p.m., the meeting was recessed until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2: 11 p. m., the regular meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Pro Tem Miller; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant City Attorney Morillo, city Clerk Rachel Clark. Absent: Mayor Holcomb; city Administrator Shauna Clark. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 13.32 OF THE MUNICIPAL CODE ENTITLED WASTEWATER FACILITIES, TO REPEAL CERTAIN SECTIONS AS OMITTED IN ORDINANCE NO. MC-835, AND TO REVISE THE MAXIMUM FINES ALLOWABLE FOR VIOLATIONS OF DISCHARGE STANDARDS. First (29) Cheryl Flowers, Assistant city Manager, Water Department, answered questions from the Council relative to the amendment of Chapter 13.32 in accordance with 1992 legislation (SB 1024) that amends Government Code section 54740 to add new provisions to establish an administrative hearing process allowing the imposition of fines for failure to comply with water pre- treatment standards. Council Member Maudsley made a motion, seconded by Council Member Miller, and unanimously carried, that said ordinance be laid over for final adoption. SENIOR Senior meeting and ASSISTANT CITY ATTORNEY MORILLO EXCUSED Assistant City Attorney Morillo left the was replaced by Deputy City Attorney Empeno. Council 21 10/19/92 PUBLIC HEARING DEVELOPMENT AGREEMENT NO. INLAND CENTER MALL - PHASED EXPANSION PROJECT 91-01- (32) This is the time and place set for a public hearing to consider Development Agreement No. 91-01 that would govern the development of a phased expansion project at Inland Center Mall. In a memorandum dated October 1, 1992, Al Boughey, Director of Planning and Building Services, stated that the applicant has requested approval of Development Agreement No. 91-01 to govern the development of a phased expansion project at Inland Center Mall, located east of the I-215 Freeway, south of Inland Center Drive, and west of "E" Street. The applicant proposes to add an additional 776,465 gross square feet consisting of 540,000 square feet in up to three new department stores, and 236,465 square feet in a second level to the mall with up to four parking structures included to accommodate required parking. Inland Center Mall was built in 1965 and consists of approximately 985,883 square feet, including three department stores that are connected by a one level mall. The site consists of 62.5 acres with 4,400 parking spaces. The total gross square feet upon project completion would be 1,762,348 with a total of 7,420 parking spaces. The Inland Center Mall consists of 4 parcels, with a reciprocal easement over all of the parcels. The applicant owns Parcel 3 and intends to upgrade and expand the mall portion, add two new major department stores, and urge the other parcels to upgrade and remodel, and to construct a third major department store on Parcel 2. The applicant is seeking a commitment for approval of the expansion project from the City in order to solicit commitment from the prospective new department stores and in-line tenants. The applicant does not yet have all of the specific information required to obtain approval of the Development Permit. Some of the information could change based on future tenant needs, and would be defined with each phase. Staff was unable to approve the project without having the necessary specific information; therefore, it was determined that a Development Agreement was the appropriate method to give the applicant the commitment they needed from the City, while giving the City assurances that the project would comply with development requirements. The Development Agreement incorporated, by reference, the requirements of the Development Code. The main issues are: phasing, the I-215 improvement project, parking, landscaping, freeway corridor overlay, traffic and circulation, design considerations, signage, and California Environmental Quality Act status. The proposed Development Agreement is consistent with the 22 10/19/92 goals, objectives and policies of the General Plan by providing regional shopping opportunities, and helping the City maintain its lead role in the Inland Empire. The Development Agreement is consistent with the density/intensity policies, and design policies of the General Plan, and the standards and design guidelines in the Development Code. The mitigation measures will ensure that all potential adverse impacts will be mitigated to a level of insignificance. The Planning commission at its September 22, 1992 meeting, recommended adoption of the negative declaration, and mitigation monitoring/reporting program, and approval of the Development Agreement. MAYOR HOLCOMB RETURNED At 2:28 p.m., Mayor Holcomb returned to the Council meeting and took his place at the council table. Mayor Holcomb opened the hearing. Marlena Fox, attorney-at-law, 2031 Orange Wood Drive, Santa Ana Heights, CA, representing the Carousel Mall Merchants Association, read a letter dated October 19, 1992, from Mr. A. Rosas, President, Carousel Mall Merchants Association, Inc., 295 Carousel Mall, San Bernardino, CA, which stated that the City is being asked to approve a negative declaration for a 776,465 square foot expansion of Inland Center Mall without adequate information to determine the consequences of this action. This is a significant project with potential for both positive and negati ve impact on the community. It is the largest scale, single commercial project in the City since 1972, and may be the largest project contemplated in the City since the adoption of the National Environmental Protection Act (NEPA) and the California Environmental Quality Act (CEQA). It is the type of project envisioned by both national and state environmental legislation for full evaluation of potential adverse environmental impact. The City is being asked to approve a negative declaration without considering the economic impact on merchants in other shopping and retail centers throughout the city. If existing businesses are adversely affected, the economic impact on the city I s tax revenues could be devastating. The City is being asked to approve a project adjacent to the most active earthquake fault in Southern California, and with ground water ten feet below the surface level, in an identified liquefaction zone. The City should not be asked to make decisions of this magnitude, which affect the public interest, without full compliance with existing environmental law and complete knowledge of the consequences of such actions. Ms. Fox requested that the City continue this matter for a period of 90 days so that staff can re-evaluate whether an environmental impact report should be required based on the 23 10/19/92 following findings of fact: 1) the expansion plan for Inland Center Mall proposes 776,465 square feet of new retail area within the City of San Bernardino; 2) surrounding communities with projects of similar magnitude, such as Moreno Valley, Riverside, and Montclair, have all required environmental impact reports; 3) a negative declaration for a project of this scope does not provide the same opportunity for public comment and input as an environmental impact report; 4) no economic analysis of potential affects on other business areas of the City has been done in support of the negative declaration; therefore, inadequate information currently exists on the potential adverse economic impact of this project on the business community and the City; 5) alternatives to this project have not been adequately explored as would be required with an environmental impact report; and 6) new geologic data essential to the design of this project was not available at the time of the September 6, 1991 liquefaction report. Mark Ostoich, Gresham, Varner, Savage, Nolan and Tilden, attorney-at-law, 600 North Arrowhead Avenue, suite #300, San Bernardino, CA, represented the applicant. Mr. Ostoich stated that every issue raised by Ms. Fox has been addressed. Ms. Fox stated that the Carousel Mall Merchants Association has concerns regarding the lack of information relative to the following issues: Caltrans' plans for the widening and improvement of 1-215; the geology of the area; potential for seismic activity in the area; air quality and traffic congestion near the site; lack of notice to neighboring cities; non compliance with CEQA; economic impact on existing businesses, and inconsistencies in the staff reports. Mayor Holcomb recommended that the item be continued for two weeks so that staff can respond to all of Ms. Fox's concerns. Tom Dodson, Dodson & Associates, stated that he conducted the environmental studies for the site. He stated that any problems at the site can be easily mitigated. He stated that the project was in full compliance with the General Plan. Mr. Ostoich agreed to the continuance; however, requested that the public hearing be closed. RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING THE MITIGATION MONITORING/REPORTING PROGRAM AND AUTHORIZING THE EXECUTION OF DEVELOPMENT AGREEMENT NO. 91-01 (INLAND CENTER MALL EXPANSION). (32) Council Member Estrada made a motion, seconded by Council Member Miller, and unanimously carried, that the public hearing for Development Agreement No. 91-01, to govern the development of 24 10/19/92 a phased expansion project at Inland Center Mall, be continued two weeks to November 2, 1992, in the Council Chambers of city Hall, 300 North "D" street, San Bernardino, California, so that staff can answer all questions raised in opposition to the project. RAC YOUTH ESTABLISH CHILDREN CENTER, INC. - 3223 NORTH MAYFIELD AVENUE- A HOME FOR PSYCHOLOGICALLY DISTURBED (HB-l) Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that the issue relative to the RAC Youth Center, Inc., to establish a facility at 3223 North Mayfield Avenue, San Bernardino, CA, for psychologically disturbed children, arose subsequent to the posting of the agenda. In a memorandum dated October 20, 1992, Mayor Holcomb, stated that the Department of Social Services is preparing to license the RAC Youth Center, Inc., to care for psychologically disturbed children at 3223 North Mayfield Avenue, San Bernardino, CA. This is a well kept older neighborhood where most of the residents are property owners, and many of which are elderly. The residents are concerned about the impact that this Center would have on the neighborhood. While the city does not have jurisdiction over this home, the Department of Social Services could deny the license if the City determines that this is not a proper location. The neighbors have requested that the city go on record opposing the licensing of this home. Mayor Holcomb RAC Youth Center, Bernardino, CA. stated his opposition to the licensing of the Inc., at 3223 North Mayfield Avenue, San Discussion ensued regarding the State law relative to group homes that preempts the City from prohibiting this type of facility and requires that the City only regulate them in the same manner as single family residences. Deputy city Attorney Empeno stated that State law does not allow the City to require any special permits or licenses for group care homes of six or fewer rather than what generally applies to single family homes. Council Member Minor made a motion, seconded by Council Member Miller, that the Mayor and Common Council go on record as opposing the licensing of RAC Youth Center, Inc., to establish a facility at 3223 North Mayfield Avenue, San Bernardino, California, for psychologically disturbed children. A discussion was held regarding what options are available to the Council in opposing this facility on Mayfield. It was 25 10/19/92 suggested that one option would be to write to our legislators in Sacramento expressing opposition to the law. Nick Gonzalez, 3288 North Mayfield Avenue, San Bernardino, CA, spoke in opposition to licensing a home for psychologically disturbed children at 3223 North Mayfield Avenue. Deputy City Attorney Empeno stated that no legal obligation would be incurred by the Council in taking a vote recommending to the Department of Social Services that the license be denied. Ron Van Fossan, 3287 North Mayfield Avenue, San Bernardino, CA, voiced opposition to licensing a home for psychologically disturbed children at 3223 North Mayfield Avenue. The motion failed by the following vote: Ayes: Council Members Estrada, Maudsley, Minor. Nays: Council Members Reilly, Pope-Ludlam, Miller. Abstain: Council Member Hernandez. Absent: None. Jeanne Choisnet, 3124 Arrowhead Avenue, San Bernardino, CA, previously lived at 4967 Sierra Road, San Bernardino, CA, stated her opposition to licensing a home for psychologically disturbed children at 3223 North Mayfield Avenue. Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously carried, to reconsider the licensing of the RAC Youth center, Inc., to establish a home for psychologically disturbed children at 3223 North Mayfield Avenue, San Bernardino, CA. The following persons spoke in opposition to the RAC Youth Center, Inc., establishing a home for psychologically disturbed children at 3223 North Mayfield Avenue, San Bernardino, CA: cyndy stidham, 3224 North Mayfield Avenue, San Bernardino, CA. Raymond Walsh, 3206 North "D" street, San Bernardino, CA. Barbara Hemerling, Bernardino, CA. 3233 North Mayfield Avenue, San Council Member Hernandez stated that he would change his vote from abstain to yes, to go on record as opposing the licensing of RAC Youth center, Inc., to establish a facility at 3223 North Mayfield Avenue, San Bernardino, CA, for psychologically disturbed children. The motion carried by the following vote: Ayes: Members Estrada, Hernandez, Maudsley, Minor. Nays: Member Reilly, Pope-Ludlam, Miller. Absent: None. Council Council 26 10/19/92 RECESS MEETING At 4:04 p.m., Mayor Holcomb declared a ten-minute recess. RECONVENE MEETING At 4:10 p.m., the regular meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant City Attorney Morillo, City Clerk Rachel Clark. Absent: City Administrator Shauna Clark. INLAND VALLEY DEVELOPMENT AGENCY INTERNATIONAL AIRPORT AUTHORITY ESTABLISH SEPARATE OFFICE & STAFF SAN BERNARDINO FUNDING REQUEST- (30) In a memorandum dated recommended that the Council separate staff for the San Authority. October 16, 1992, Mayor Holcomb, rej ect the request to establish a Bernardino International Airport Mayor Holcomb stated that a single staff would ensure close coordination and communications, making recommendations to reconcile differing positions of the two agencies, and ensure a much higher degree of efficiency in carrying out the mutually compatible goals and objectives of both agencies. Mayor Holcomb spoke in opposition to the San Bernardino International Airport Authority having a separate staff from the Inland Valley Development Agency. He felt that this action was not necessary for another two or three years, and that the SBIAA and the IVDA should maintain their offices in the city Hall Annex so that they would be in close proximity to the other city Departments that they will be working with. Discussion ensued regarding the reasons that the San Bernardino International Airport Authority was established as a separate entity with its own staff in order to isolate the IVDA and its member cities from any liability and financial exposure from any action that could occur related to airport operations. The main focus of the SBlAA is airport operations. The main focus of the IVDA is to address redevelopment and re-use of the infrastructure and other facilities on the Base. Relocating IVDA's offices to the Base and having a separate staff for the SBIAA was based on a concern about the lack of communication between the various agencies and it was felt that if the SBIAA, IVDA, Air Force and Lockheed and other agencies were in close proximity to one another there would be easier access to all agencies involved and therefore better communication. 27 10/19/92 Jeff Wright, P.O. Box 2341, San Bernardino, CA, voiced his support for the San Bernardino International Airport Authority having a separate staff from the Inland Valley Development Agency. council Member Maudsley made a motion, seconded by Council Member Minor, that the San Bernardino International Airport Authority not have separate offices and staff from the Inland Valley Development Agency; and that the San Bernardino International Airport Authority establish offices in the same building as the Inland Valley Development Agency and not duplicate office equipment, computers, etc.; and that the Board of Directors of the Inland Valley Development Agency (IVDA) not approve a loan of IVDA funds that will be used for unnecessary separate office and staff. The motion failed by the following vote: Members Hernandez, Maudsley, Minor. Nays: Estrada, Reilly, Pope-Ludlam, Miller. Absent: Ayes: Council None. council Members A discussion was held regarding the scope of work of each agency; and concern was expressed that the focus of this discussion should be to do what is best for the re-use efforts of Norton Air Force Base. Council Member Hernandez made a substitute motion, seconded by Council Member Pope-Ludlam, to instruct the Inland Valley Development Agency (IVDA) not to relocate their offices outside of the existing offices at 201 North "E" Street. The motion carried by the following vote: Members Hernandez, Maudsley, Minor, Pope-Ludlam. Members Estrada, Reilly, Miller. Absent: None. Ayes: Nays: council council COMMUNITY DEVELOPMENT COMMISSION At 4:54 p.m., the Mayor and Common Council, acting as the Community Development Commission, took action on community Development Commission items. There was no action taken on Mayor and Common Council items during this portion of the meeting. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 4:55 p.m., Deputy City Attorney Empeno left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. MAYOR HOLCOMB EXCUSED At 5:14 p.m., Mayor Holcomb left the Council meeting, and the duties of Mayor Pro Tem were assumed by Council Member Miller. 28 10/19/92 RECESS MEETING At 6:21 p.m., Mayor Pro Tem Miller declared a five-minute recess. RECONVENE MEETING At 6:27 p.m., the regular meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Pro Tem Miller; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; Deputy City Attorney Empeno, City Clerk Rachel Clark. Absent: Mayor Holcomb; city Administrator Shauna Clark. PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 92-05- CHANGE LAND USE DESIGNATION - RH, RESIDENTIAL HIGH TO CO-1, COMMERCIAL OFFICE TWO CONTIGUOUS LOTS- NORTHWEST CORNER - 6TH STREET & SIERRA WAY (33) This is the time and place set for a public hearing relative to General Plan Amendment No. 92-05 that would change the land use designation from RH, Residential High, to CO-1, Commercial Office, for two contiguous lots located at the northwest corner of 6th Street and Sierra Way. In a memorandum dated October 1, 1992, Al Boughey, Director of Planning and Building services, stated that the applicant has requested that the General Plan land use designation be changed from RH, Residential High, to CO-I, Commercial Office, on two contiguous lots consisting of approximately 1. 93 acres of land containing two existing office buildings located at the northwest corner of 6th Street and sierra Way. Upon adoption of the General Plan, the site was designated RH, Residential High. Because the RH designation does not permit office uses, the existing buildings and uses are non- conforming. The Environmental Review Committee reviewed the initial study which was prepared to evaluate the CO-1 designation and recommended a negative declaration. The Planning commission recommended the adoption of a negative declaration and the approval of General Plan Amendment No. 92-05 to change the land use designation. The general plan amendment would eliminate the non- conformity of the office uses. Both the buildings and the uses are permitted in the CO-1 designation and meet the requirements for minimum lot standards. In addition, redesignation of the site would implement the city's General Plan objective to retain the existing commercial offices and office users. Because the site is developed, redesignation will not create land use impacts 29 10/19/92 in the neighborhood or result in impacts to the area I s traffic and circulation patterns. ~ Mayor Pro Tem Miller opened the hearing. RES. 92-411 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 92-05 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (33) Council Member Estrada made a Member Reilly, that the hearing resolution be adopted. motion, seconded by Council be closed; and that said Resolution No. 92-411 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. APPEAL - DENIAL - CONDITIONAL USE PERMIT NO. 91-03- 40 UNIT SENIOR CITIZEN APARTMENT COMPLEX PROJECT (34) This is the time and place set for an appeal of the Planning commission's denial of Conditional Use Permit No. 91-03 for a 40 unit senior citizen apartment complex project. In a memorandum dated October 8, 1992, Al Boughey, Director, Planning and Building Services, stated that the applicant requests approval to construct a 40 unit senior citizen apartment project on a 1. 4 acre site located on the north side of Third Street, between Allen Street and Sierra Way. There are several key issues identified as follows: there is concern for the safety of the future residents of the senior complex in that the area in which the project is proposed to be located is one of high crime rates; there are no conveniently located medical or health services, or commercial services such as grocery or drug stores; the floor plan shows two bedroom units which the Housing Authority of San Bernardino county has stated are the most difficult to rent to seniors, therefore, the project could have a high vacancy rate; the conversion plan submitted is inadequate in that it does not address parking required for office space, nor the removal of buildings, which would be required, in the event the units are not rented by qualified seniors; the feasibility study does not justify construction of the project; and the design of the project is not suitable for the area, if the area were sui table for senior housing. The Planning commission recommended that the Mayor and Council deny the project based on the fact that the site is unsuitable for senior housing, and a re-design of the proj ect would be of no benefit because of the site location. In a letter dated October 16, 1992, Carrie Gonzales, 30 10/19/92 Property Manager, Meadowbrook Park & Tower Apartments, 191 West Second Street, San Bernardino, CA, stated her support for the proposed 40 unit senior citizen apartment complex proposed by Cliff Carel & Associates. Mayor Pro Tem Miller opened the hearing. Michael Murphy, Architect, 2601 North Del Rosa Avenue, suite #220, San Bernardino, CA, stated that the actions taken by Cliff Carel & Associates staff members were at the guidance of the Planning staff. Cheryl Montague, Cliff Carel & Associates, 144 East Third Street, San Bernardino, CA, stated that the project was originally submitted in January 1991; however, the package was deemed incomplete at that time, and a list of items were required in order for the package to be deemed complete. Following an appeal to the Planning Commission, some of the required items were deleted but the high cost of the remaining study created an undue financial burden on the company, and they requested a construction loan from the Economic Development Agency which included funds to perform the required studies. Upon approval of the construction loan, the studies were performed and submitted to the City. On July 30, 1992, the Design Review Committee and Environmental Review Committee directed that the project be redesigned to address safety and compatibility. The project was redrawn and new plans were submitted to the Planning Department; however, these newly redrawn plans were not submitted to the Planning commission. Larry Reed, Assistant Director of Planning and Building Services, presented a chronological history of the project. Kenneth Henderson, Executive Director, Economic Development Agency/Development Department, presented a chronological history of the Agency's involvement in the project. Steve Bayless, 173 East 4th street, San Bernardino, CA, presented a petition opposing the proposed senior project to City Clerk R. Clark; and spoke in opposition to Mr. Carel's proposed senior citizen apartment complex. Mr. spoke in complex. Dick Rickert, 109 East 3rd opposition to the proposed st., San Bernardino, CA, senior citizen apartment Discussion ensued regarding the project's location relative to grocery stores, health facilities, and public transportation. captain Maier, he felt that the citizens. San Bernardino Police Department, stated that proposed location was unsafe for senior 31 10/19/92 Council Member pope-Ludlam made a motion, seconded by Council Member Hernandez, that the hearing be closed. (Note: There was no vote taken at this time.) Council Member Pope-Ludlam made a substitute motion, seconded by Council Member Hernandez, to approve the location in concept, and require that the project be re-designed, the Initial study be advertised as available for public review and comment, and continue Conditional Use Permit No. 91-03 for ninety days. Discussion ensued regarding the options available to the Council regarding the proposed senior citizens apartment complex. The motion failed by the following vote: Ayes: Council Members Hernandez, Pope-Ludlam. Nays: Council Members Reilly, Minor, Miller. Abstain: Council Members Estrada, Maudsley. Absent: None. Deputy city Attorney Empeno recommended that the appeal be continued for two weeks so that a legal opinion can be prepared relative to general plan consistency. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, that the appeal of the Planning commission's denial of Conditional Use Permit No. 91-03 for a 40 unit senior citizen apartment complex project be continued for two weeks to November 2, 1992, in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, california, to allow city Attorney staff time to do a legal opinion relative to General Plan consistency. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Pope-Ludlam, Miller. Nays: None. Abstain: council Member Maudsley. Absent: None. ADJOURNMENT (35) At 7:30 p.m., Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that the Mayor and Common Council meeting be adjourned to Monday, November 2, 1992, at 8:30 a.m., in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. RACHEL CLARK city Clerk By .' &c:~;,z:.?"-LP Melanie Vale Deputy city Clerk ~ No. of Items: 50 No of Hours: 9.5 ~ 32 10/19/92