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HomeMy WebLinkAbout11-02-1992 Minutes MINUTES MAYOR AND COMMON COUNCIL CITY OF SAN BERNARDINO REGULAR MEETING NOVEMBER 2, 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, November 2, 1992, in the Council Chambers of City Hall, 300 North liD" 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, Maudsley, Minor, Miller; city Attorney Penman, City Clerk Rachel Clark, city Administrator Shauna Clark. Absent: Council Members Estrada, Hernandez, pope-Ludlam. CLOSED SESSION At 8:33 a.m., the Mayor and Common council and Development Commission recessed to closed session following: (1) Community for the a. b. c. d. e. ---~---- to confer with the attorney regarding pending litigation pursuant to Government Code section 54956.9(b) (1), as there is significant exposure to litigation; based on existing ~acts 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(~) (2)/ pending Section decide to confer with the attorney regarding litigation pursuant to Government code 54956.9(c), so that cou~cil/commission may whether to initiate litigatlon; to consider personnel matters pursuant to Government Code section 54957; to confer with the chief of po~ice ~n ~atters posing a threat to the security of publlC bUlldln?S or a,threat to the pUblic's right of access to publlC servlces,or public facilities pursuant to Government Code Sectlon 54957; 1 11/2/92 -_._-~ 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 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. citv of San Bernardino. et al - San Bernardino Superior Court Case No. 242998; San Bernardino Superior Court Case No. 252058; citv of San Bernardino vs. Libertv Cable T.V.. et al- united States District Court Case No. 82-6876 WMB; citv of San Bernardino vs. County of San Bernardino. et al- Riverside Superior Court Case No. 207900; Tomas Armendariz. et al vs. James F. Penman. et al. - united States District Court Case No. 91-5757 CMB (JRx); 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; Marvanne Johnson vs. citv 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; Carl B. Alston vs. city of San Bernardino et al - United States District Court Case No. 90-0012 WRJ; victor Aquilar. et al vs. Cal Nev Pipeline Co. - Los Angeles Superior Court Case No. C751026; 2 11/2/92 ._- 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. Washinqton 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. 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, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Estrada, Hernandez, Pope-Ludlam. Also present: Diane Roth, Deputy City Attorney; Robert simmons, Deputy city Attorney; Margaret scroggin, Administrative Operations Supervisor, City Attorney's Office. READING OF RESOLUTIONS AND ORDINANCES Deputy City Clerk Jones read the titles of all the resolutions and ordinances on the regular, supplemental, and Community Development Commission agendas while the Council was in closed session. COUNCIL MEMBERS HERNANDEZ AND POPE-LUDLAM ARRIVED At 8:35 a.m., Council Members Hernandez and Pope-Ludlam arrived at the closed session. J. LORRAINE VELARDE EXECUTIVE ASSISTANT TO THE MAYOR ARRIVED At 8:36 a.m., J. Lorraine Velarde, Executive Assistant to the Mayor, arrived at the closed session. DEPUTY CITY ATTORNEY ROTH EXCUSED At 8:36 a.m., Deputy City Attorney Diane Roth left the closed session. 3 11/2/92 COUNCIL MEMBER ESTRADA ARRIVED At 8:39 a.m., Council Member Estrada arrived at the closed session. DEPUTY CITY ATTORNEY SIMMONS EXCUSED At 8:45 a.m., Deputy City Attorney Simmons left the closed session. CITY CLERK CLARK EXCUSED At 9:20 a.m., City Clerk Rachel Clark left the closed session. CITY ATTORNEY PENMAN EXCUSED At 9:21 a.m., City Attorney Penman left the closed session. J. LORRAINE VELARDE EXCUSED At 9:21 a.m., J. Lorraine Velarde, Executive Assistant to the Mayor, left the closed session. ADJOURN CLOSED SESSION At 9: 26 a. m., the closed session adj ourned to the regular meeting of the Mayor and Common council of the City of San Bernardino. RECONVENE MEETING At 9:28 a.m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council 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, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Rachel Clark. Absent: City Administrator Shauna Clark. INVOCATION The invocation was given by Phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Maudsley. CITY City meeting. ADMINISTRATOR SHAUNA CLARK RETURNED Administrator Shauna Clark returned to the Council CITY ATTORNEY PENMAN EXCUSED City Attorney Penman left the Council meeting and was replaced by Sr. Assistant city Attorney Barlow. 4 11/2/92 EMPLOYEE RECOGNITION AWARDS (4) In a memorandum dated October 23, 1992, Les Fogassy, Sr. Real Property Specialist, stated that the Employee Recognition Award Selection Committee received nominations for employee recognition awards for the Third quarter of 1992. After careful consideration, the committee chose the following winners as recipients of Employee of the Quarter Awards in each of their respective categories. All winners are entitled to a day off with pay: Management/ Confidential Margie Vance Mayor's Office Mid Management Daniel Thomas Public Services Refuse Safety Daniel Keil Police Department General Catherine Johnson Parks, Recreation and Community Services PRESENTATION - HOSPITALITY BUSINESS DISTRICT (4) Larry Graham, President-Elect San Bernardino Chamber of Commerce, and Debbie Cochran, Vice-President, thanked the Mayor and Council for approving their request to hold the 6th Annual Taste of Hospitality event. Ms. Cochran also thanked the Public Works/Engineering Department and the Planning & Building Services Department for installing the street banner poles in time for the event. Ms. Cochran stated that the 6th Annual Taste of Hospitality sponsored by the Chamber of Commerce in conjunction with the 1st Annual Dash for D.A.R.E. event was a success. Merchants who participated pledged a portion of their proceeds to the D.A.R.E. program. Ms. Cochran presented a check in the approximate amount of $1,200 to Brian Cartony of the D.A.R.E. unit Program. Also, Food for Less representatives presented Brian Cartony with a check in the amount of $1,222.50 in support of the D.A.R.E. Unit Program. ANNOUNCEMENT BY COUNCIL MEMBER HERNANDEZ (2) Council Member Hernandez reported that he had received calls from residents who were unable to contact the police to report a crime through access of the 911 Emergency Number. He stated that many residents are not informed on the correct procedure in contacting the police and suggested that the Police Department provide the public with information on the correct use of 911. 5 11/2/92 ANNOUNCEMENT BY COUNCIL MEMBER ESTRADA (2) Council Member Estrada reminded residents of the community to participate in the election process and exercise their right to vote Tuesday, November 3, 1992. City Clerk Rachel Clark stated that the City Clerk's Office would be open until 8:00 p.m., Tuesday, November 3, 1992, to assist the public regarding information on the election. ANNOUNCEMENT BY MAYOR HOLCOMB (2) Mayor Holcomb requested that all public confine their remarks to those things that jurisdiction of the City Council. comment speakers fall within the PUBLIC COMMENTS - ROGER DUMAS (3) Roger Dumas, a resident of the City, apologized for his recent behavior in addressing members of the Council; and complimented the Police Department for doing an outstanding job in protecting the community. PUBLIC COMMENTS - JEFF WRIGHT (3) Jeff Wright, P.O. Box 2341, San Bernardino, CA, urged all citizens to exercise their right to vote Tuesday, November 3, 1992. Mr. Wright announced that between 11:30 a.m., and 1:30 p.m., Channel 36 would air the 42nd congressional District debates between Congressman Brown, Rutan and Ward. CITY ATTORNEY PENMAN RETURNED At 9:47 a.m., City Attorney Penman returned to the Council meeting and replaced Sr. Assistant city Attorney Barlow. WAIVE READING OF RESOLUTIONS AND ORDINANCES (5) Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas, be waived. APPROVE COUNCIL MINUTES (6) Council Member Hernandez made a motion, seconded by Council Member Miller, 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: August 17, 1992; September 29, 1992. 6 11/2/92 SET PUBLIC HEARING - NOVEMBER 16, 1992 AT 10:00 A.M.- PROPOSED INCREASE OF TAXICAB RATES. (7) In a memorandum dated October 21, 1992, Lee Gagnon, Business Registration Supervisor, reported that the current taxicab rate is one dollar ninety cents for the first one-tenth mile, or flagdrop and twenty cents for each additional one-seventh mile or fraction thereof. The maximum waiting time rate and traff ic delay charges are fifteen dollars per hour respectively. At the Bureau of Franchises meeting held on September 8, 1992, Mr. John Lightburn, representing Mr. Ted Parlas, Manager of Yellow Cab Company, requested a taxicab rate increase from twenty eight cents for each additional one-fifth mile or fraction thereof, to thirty cents for each additional one-sixth mile; and an increase from fifteen to eighteen dollars per hour for waiting time and traffic delay charges. The members of the Bureau of Franchises reviewed the documents submitted by Mr. Lightburn including the Workers' Compensation rate adjustment notice and survey of taxicab rates of surrounding cities. The Bureau voted to recommend to the Mayor and Council to include a flag drop rate of one dollar ninety cents for the first one-tenth mile, or flagdrop; thirty cents for each additional one-sixth mile or fraction thereof; and a maximum rate of eighteen dollars per hour traffic delay and waiting time charges. Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Common Council set a public hearing for 10:00 a.m., on Monday, November 16, 1992, in the Council Chambers of City Hall, 300 North liD" Street, San Bernardino, California, to consider, discuss and receive public comments relative to a proposed increase of taxicab rates. RESCHEDULE JANUARY 1993 COUNCIL MEETING DATES (8) In a memorandum dated October 27, 1992, Shauna Clark, City Administrator, stated that in accordance with action taken by the Mayor and Common Council, city Hall would be closed during the period December 24, 1992 through January 3, 1993. The closure would not allow staff sufficient time to prepare an agenda for the regularly scheduled meeting of January 4, 1993. In addition, the commemoration of Dr. Martin Luther King, Jr.'s birthday would be celebrated on Monday, January 18th and City Hall would be closed. City Administrator Shauna Clark recommended that during the month of January, 1993, the meetings of the Mayor and Common Council be held on Monday, January 11, 1993 and Wednesday, January 20, 1993. 7 11/2/92 council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that the Council meetings during the month of January 1993 be held on January 11th and January 20th due to the closure of City Hall during the period December 24, 1992 through January 3, 1993, and the commemoration of Dr. Martin Luther King, Jr.'s birthday on January 18, 1993. SALARY INCREASE - HEADSTART/PRESCHOOL POSITIONS (10) In a memorandum dated October 22, 1992, Barbara Dillon, Director of Personnel, reported that Annie Ramos, Director of Parks, Recreation and Community Services, requested salary increases for the positions of Teacher Director; Teacher; Teacher Aide; and Clerk. The pay rates are in conformance with, and recommended by, the Preschool Services Department. Because the school year is from September 1, 1992 to August 31, 1993, it is requested that the pay rates be effective retroactively to September 1, 1992. There would be no impact to the General Fund, as these funds are federally funded. Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, to approve salary increases for the following Headstart/Preschool positions, retroactive to September 1, 1992: Teacher/Director from $10.22/hour to $10.57/hour; Teacher from $8.89/hour to $9.19/hour; Teacher Aide from $5.53/hour to $5.72/hour; and Clerk from $5.53/hour to $5.72/hour; and that the Personnel Department be directed to update Resolution 6413, section Thirteen. ESTABLISH NEW CLASSIFICATION - TRANSPORTATION PROGRAM COORDINATOR/ADMINISTRATIVE ANALYST (11) In a memorandum dated October 22, 1992, Barbara Dillon, Director of Personnel, reported that Peggy Ducey, Assistant to the City Administrator, requested that the classification of Transportation Program Coordinator/Administrative Analyst position be established, in order to more effectively implement the city's trip reduction program. The annual compensation for the position, including 21.37% for variable fringe benefits that rise with salary is $32,146 at Step 1 and $39,072 at Step 5. There is no impact on the General Fund, since the new position is fully funded through AB 2766, which provides a portion of vehicle licensing fees to be returned to cities to support in- house and community trip reduction plans and programs. Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that the classification of Transportation Program Coordinator / Administrati ve Analyst be established, with the salary set at Range 2357, $2,632 - $3,199 per month; and that the Personnel Department be directed to update Resolution 6413, section Eleven and Resolution 6433. - 8 11/2/92 CLAIMS AND PAYROLL (13) Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated October 27, 1992 from the Acting Director of Finance, be approved. PERSONNEL ACTIONS (14) Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated October 21, 1992, in accordance with all administrative regulations of the City of San Bernardino, be approved. RES. 92-412 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT. (15) RES. 92-413 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO ELECTRO CONSTRUCTION CORPORATION FOR INSTALLATION OF SECURITY LIGHTING AT LYTLE CREEK, WILDWOOD, PERRIS HILL AND NICHOLSON PARKS. (16) Council Member Hernandez made a motion, seconded by Council Member Miller, that said resolutions be adopted. Resolution Nos. 92-412 following vote: Ayes: Hernandez, Maudsley, Minor, Absent: None. and 92-413 were adopted Council Members Estrada, Pope-Ludlam, Miller. Nays: by the Reilly, None. RES. 92-414 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BSI CONSULTANTS, INC. FOR PROVISION OF PROFESSIONAL ENGINEERING DESIGN SERVICES FOR INTERCONNECTING AND UPGRADING TRAFFIC SIGNALS ON HIGHLAND AVENUE, FROM MUSCUPIABE DRIVE TO SIERRA WAY. (18) Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that the appropriation of $271,000 under Account No. 250-670-57311, "Traffic Signal Interconnect-Highland Avenue, from Muscupiabe Drive to Sierra Way," from State Traffic Systems Management funds be approved; and that said resolution be adopted. Resolution No. 92-414 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. 9 11/2/92 RES. 92-415 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, GRANTING A QUITCLAIM DEED TO SCOTT RESEARCH LABORATORIES, INC., FOR ASSESSOR'S PARCEL NUMBER 148-022-04 PTN., THAT PORTION OF THE MUSCUPIABE RANCHO, SITUATED IN SECTION 29, TOWNSHIP 1 NORTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IF SAID LINES WERE EXTENDED ACROSS SAID RANCHO, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 23, RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, CONSISTING OF 0.068 NET ACRES. (20) Council Member Hernandez made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 92-415 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, pope-Ludlam, Miller. Nays: None. Absent: None. MC-852 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 2.56.040 AND 2.56.070 TO CHANGE THE DEADLINE FOR FILING NOMINATION PAPERS FOR THE 1993 ELECTION ONLY. Final (21) MC-853 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-8 35, AND TO REVISE THE MAXIMUM FINES ALLOWABLE FOR VIOLATIONS OF DISCHARGE STANDARDS. Final (22) Council Member Hernandez made a motion, seconded by Council Member Miller, that said ordinances be adopted. Ordinance Nos. MC-852 following vote: Ayes: Hernandez, Maudsley, Minor, Absent: None. and MC-853 were adopted Council Members Estrada, Pope-Ludlam, Miller. Nays: by the Reilly, None. PROPOSAL TO PREPARE CHARTER AMENDMENT TO VALUE OF CITY-OWNED PROPERTY THAT CAN BE COMPETITIVE BIDDING FROM $2,000 TO $15,000 INCREASE THE SOLD WITHOUT (9) In a memorandum dated October 26, 1992, James F. Penman, City Attorney, reported that the Public Works Department has requested the Mayor and council place a Charter amendment on the March 2, 1993 election to increase from $2,000 to $15,000 the value of City-owned real property that can be sold without competitive bidding. Since the $2,000 limitation was placed in the Charter, property values have grown so significantly that even a very small parcel could be valued in excess of the $2,000 amount causing unnecessary cost to the taxpayers of a formal bidding process. 10 11/2/92 Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that the proposal to prepare a Charter Amendment to increase the value of city owned property that can be sold without competitive bidding from $2,000 to $15,000, be tabled. INSTALL TRAFFIC SIGNALS AT ROUTE 1-215 AND ROAD/AUTO PLAZA DRIVE APPROVAL OF AUTHORIZATION TO ADVERTISE FOR BIDS ORANGE SHOW PLANS AND (12) In a memorandum dated October 12, 1992, Roger G. Hardgrave, Director of Public Works/city Engineer, stated that plans for the installation of traffic signals at Route 1-215 Freeway and Orange Show Road/Auto Plaza Drive, have been prepared, and the project is ready to be advertised for bids. The project consists of installing traffic signals at the two intersections of the freeway ramps with Orange Show Road/Auto Plaza Drive. The total estimated project cost is $312,000. The Cooperative agreement provides that Caltrans contribute up to $312,500 in Interstate/ HB4N Funds to finance 100% of the costs for installing the traffic signals. City Attorney Penman suggested that the issue of binding arbitration be referred to a committee so that a decision can be made whether or not the City should have binding arbitration provisions in future contracts. He pointed out that the issue of arbitration has numerous legal ramifications that need to be discussed with the Council. Mayor Holcomb pointed out that it is the Council's decision whether or not to adopt a policy to approve contracts with binding arbitration clauses. Roger Hardgrave, Director of Public Works/City Engineer, explained that Caltrans' standard specifications require binding arbitration provisions in contracts for federally-aided projects. Mr. Hardgrave proposed that the city write a clause in the contract that overrides the binding arbitration provision. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, and unanimously carried, that the plans for installation of traffic signals at Interstate Route 1-215 and Orange Show Road/Auto Plaza Drive, in accordance with Plan No. 8565, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids; and that the appropriation under Account No. 242-362-57384, "Traffic Signals at Orange Show Road/Auto Plaza Drive," be increased to $312,500, to reflect amount authorized in cooperative Agreement with the State. 11 11/2/92 Mayor Holcomb requested that the Legislative Review Committee address the issue of whether or not the City should have binding arbitration provisions in standard contracts from the state of California. RES. 92-416 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART, ""\ RESOLUTION .PROHIBITING PARKING UPON CERTA~~ DESIGNATED STREETS OR PORTIONS THEREOF. . .," TO REMOVE THE NO PARKING ZONE ON SIERRA WAY, BETWEEN BASE LINE STREET AND HIGHLAND AVENUE, BETWEEN THE HOURS OF SEVEN A.M. AND NINE A.M., APPLICABLE TO THE WEST SIDE ONLY, AND BETWEEN THE HOURS OF FOUR P.M. AND SIX P.M., APPLICABLE TO THE EAST SIDE ONLY. (17) City Attorney Penman advised the Mayor and Council of liability claims filed against the City when traffic accidents occur. He stated that the allegation is made that the City has design defects in the streets, intersection or street lights. The City Attorney's Off ice has been informed that the proposed change in parking on sierra way would be six inches less than the legally approved standard requirement of ten feet for a driving lane, and warned that if there are accidents, there will be some legal justification to name the City as an additional defendant. Roger Hardgrave, Director of Public Works/City Engineer, stated that the Traffic Safety Advisory Committee at their meeting of October 14, 1992 considered the issue and took action to reaffirm their previous recommendation to install a continuous left-turn lane and remove the peak hour parking restrictions. Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 92-416 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 92-417 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, ACCEPTING A CORPORATION GRANT DEED FROM SCOTT RESEARCH LABORATORIES, INC., ASSESSOR'S PARCEL NUMBER 148-122-01 PTN., THAT PORTION OF THE NORTH TWENTY-FOUR (24) ACRES OF LOT 2, BLOCK 83, OF RANCHO SAN BERNARDINO, AS PER PLAT RECORDED IN BOOK 7, PAGE 2 OF MAPS, OFFICIAL RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, CONSISTING OF 6.507 NET ACRES, FOR THE PUBLIC USE OF WATER STORAGE RESERVOIR AND PUMPING FACILITY. (19) 12 11/2/92 City Administrator Shauna Clark stated that the title of the resolution contained a clerical error and should be corrected. She requested that the word "granting be changed to "accepting". Council Member Hernandez made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 92-417 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. PUBLIC HEARING - RESOLUTION IMPOSING LIENS ON PROPERTY FOR UNCOLLECTED BUSINESS REGISTRATION FEES (23) This is the time and place set for a public hearing to consider a resolution imposing liens on property located within the City of San Bernardino for uncollected business registration fees. In a memorandum dated October 9, 1992, Rachel Clark, City Clerk, reported that whenever delinquent business license fees and appropriate penalties cannot be collected after proper notification to the property or business owner, the city Clerk compiles a list of such assessments together with parcel number designations and addresses upon which to the assessments are being fixed and presents the list to the Mayor and Council for confirmation. After the notice of hearing and upon confirmation of the imposition of the lien, the City Clerk files a certified copy of the approved resolution which the Auditor of the County of San Bernardino directing that all unpaid business license fees, penalties, and administrative fees be entered as lien charges against the property as it appears on the current assessment roll. On May 4, 1992, Deborah J. Wilkinson and Mr. John Alan MacGillivrey attended the Council meeting and contested the amount being assessed for lien against their property. On August 6, 1992, the City Clerk met with Ms. Wilkinson and Mr. MacGillivrey and affirmed that the amount being assessed against their property for lien was proper. They verbally agreed to pay the amount due in three installments, the first installment being due on October 31, 1992. To ensure payment of the fees, the City Attorney's Office recommended that a signed agreement be returned to the city Clerk's Office stating that the debt was acknowledged and would be paid, and that the property would be liened through the County Assessor's Office until the amount is paid in full. Upon receipt of the final payment, the City of San Bernardino will release the property from lien status. 13 11/2/92 RES. 92-418 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR UNCOLLECTED BUSINESS REGISTRATION FEES. (23) Mayor Holcomb opened the hearing. Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the hearing be closed; and that said resolution be adopted. Resolution No. 92-418 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. PROTEST HEARING - NOTICE TO CONSTRUCT CHAPTER 12.92 IMPROVEMENTS (24) This is the time and place set for a protest hearing relative to the notice to construct offsite improvements under the provisions of Chapter 12.92 of the San Bernardino Municipal Code. In a memorandum dated October 15, 1992, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that on October 19, 1992, notices were sent by certified mail to the owners of the properties listed on Exhibit "A"; and the properties were posted as required by Chapter 27 and Chapter 12.92 of the San Bernardino Municipal Code. Owners of property listed in "Exhibit "A" must commence construction of Chapter 12.92 improvements (curbs, gutters, sidewalks) by December 18, 1992 otherwise the City will cause the improvements to be installed and the owners will be assessed for the costs of the improvements over a three year period at 7% interest per annum on the unpaid balance. A transfer of funds in the amount of $62,608, from Account No. 129-000-30405, "Unappropriated Reserve", to Account No. 251- 684-53925, "Fill-in Street Improvements - Chapter 12.92 (1991- 92), was approved in order for the city to up front the costs for construction. The costs are expected to be recovered through assessments on the regular property tax bills over a three year period, plus interest. Mayor Holcomb opened the hearing. Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that any objections or protests be overruled, that the hearing be closed; and find and determine that the public convenience and necessity require the installation of offsite improvements in front of those parcels of land described in Exhibit "A" attached to the staff report from 14 11/2/92 Roger G. Hardgrave, Director of Public Works/City Engineer, dated October 15, 1992, and order the work done (excepting parcels No. ); and that the Director of PUblic Works/City Engineer be directed to cause the installation of said improvements if the property owners have not commenced such construction by December 18, 1992 (4/5th vote required). AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE SAN BERNARDINO MUNICIPAL CODE BY ADDING CHAPTER 12.95 THERETO PROVIDING PROCEDURES FOR CITY PARTICIPATION IN THE RECONSTRUCTION OF SUBSTANDARD DRIVEWAY APPROACHES. First (25) Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that said ordinance be laid over for final adoption. WAIVER OF FEES - USE OF STURGES AUDITORIUM - JAMES ELDER'S ALL-AMERICAN YOUTH FOUNDATION FOR CASTING CALL (26) In a memorandum dated October 22, 1992, Annie Ramos, Director of Parks, Recreation and community Services, stated that the James Elder's All-American Youth Foundation, through Executive Director James Elder, is requesting a waiver of fees for the use of Sturges Auditorium on December 7, 1992. The use of the auditorium is for a casting call for a movie based on a book entitled Attention, written by James Elder, narrating James Elder's tour of duty in the U.S. Army during the Vietnam conflict. Mr. Elder proposes to recruit a major Hollywood studio to produce the movie. Cost of the use of the auditorium is $497.50. Resolution No. 91-35 provides for the exemption of fees for non-profit organizations provided that the fees would create a financial hardship that would jeopardize the activity and the event would be of unusual benefit to the residents of the City. It appears that Mr. Elder's request qualifies for the exemption of fees; however, the city would be incurring the cost of the rental without any assurance that all of the other necessary elements can be secured to bring the project to fruition. It is recommended therefore, that the waiver be deferred until a letter of assurance can be provided by a Hollywood studio guaranteeing the production of the film. city Administrator Shauna Clark stated that the proposed project does not have broad base community support and therefore a finding must be made that payment of the fees would create a financial hardship that would jeopardize the activity and the event would be of an unusual benefit to the residents of the City. 15 11/2/92 council Member Minor made a motion, seconded by council Member Miller, that the request from James Elder's All American Youth Foundation to waive fees for use of the sturges Auditorium in the amount of $497.50, be denied. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Nays: None. Abstain: Council Member Hernandez. council Miller. BASEBALL TEAM NEGOTIATIONS WITH MR. DON NOMURA- COUNCIL MEMBER POPE-LUDLAM (27) In a memorandum dated October 26, 1992, council Member Valerie Pope-Ludlam, requested that the Mayor and Common Council discuss and take possible action relative to the baseball team negotiations with Mr. Don Nomura. Mayor Holcomb announced that he had an discuss the baseball negotiations with Mr. President of the California Baseball League. opportunity to Joe Gagliardi, Mr. Joe Gagliardi, President of the California Baseball League, supported the concept that San Bernardino should have a baseball team. He stated that he has met with the Parks, Recreation and Community services staff and inquired about the feasibility of having a baseball team in the city. He referred to a copy of the Memorandum of Understanding between himself and Mayor Holcomb which outlined 16 deal points between the city of San Bernardino and Salinas Spurs as follows: 1. Lease Payment. 2. Term of Lease. 3. Sports Bar. 4. Scoreboard/Message Center. 5. Netting. 6. stadium Maintenance and Repair. 7. Stadium Clean-up. 8. Game preparation. 9. Field Maintenance. 10. Stadium utilities. 11. Office utilities. 12. Traffic and parking Control. 13. Restroom Cleaning and Restocking. 14. Restroom Attendants During Game. 15. Joe Gagliardi will use best efforts of League to assist in bringing local component to team. 16. Mr. Stickney will not interfere with territorial rights issue. Mr. Gagliardi pointed out that Don Nomura, the owner of the ball club, wanted the Mayor and Council to understand the issue of territorial rights. 16 11/2/92 council Member Pope-Ludlam explained that she had received a call from the California Baseball League that the negotiations were unsuccessful. Mr. Gagliardi assured the Council that negotiations are coming along well. A member of the Council asked if the baseball team would be subsidized by the City. Mr. Gagliardi stated that the arrangement made by Mayor Holcomb and the deals points addressed in the Memorandum of Understanding do not address subsidizing the team. Mayor Holcomb stated that both parties have agreed their best efforts to accomplish the outlined deal between the City of San Bernardino and the Salinas Spurs. to use points Annie Ramos, Director of Parks, Recreation and community services, clarified the issue of whether or not the City proposed to subsidize the baseball club. She stated that the City will be recouping the operational costs or maintenance on the ballpark and hopefully make a 10% profit. The proposal as presented will cover the operational costs for the City. Ms. Ramos answered questions and stated that the Spirit Baseball Team owes approximately $60,000 to the City. Director Ramos stated that the ball club provides an intangible benefit to the City by providing services to the youth of the community. However, she stated that there are two issues of concern, 1) that the city provide upgraded lighting facilities 2) and that a visitor's clubhouse be provided prior to the 1994 deadline. Ms. Ramos stated that the City has recently renovated the ballfield lights, but further upgrading to the lights will be done as needed. Mr. Gagliardi pointed dressing facilities for the before the 1994 deadline. provide the necessary comfort out that the issue of providing ball club needs to be addressed Having a dressing facility would for major league ball teams. A Council Member expressed concern that the Salinas Spurs does not have a player contract with a major league team. Mr. Gagliardi stated that he and the owner of the ball club will provide a competitive team. He stated that several major league ball clubs have stated that if Mr. Nomura moves to San Bernardino, they would deliver ballplayers. He stated that he would be assisting Mr. Nomura to see that the team moves to San Bernardino. 17 11/2/92 Don DiCarlo representing the San Bernardino Baseball Group, stated that the Group is committed to assisting Mr. Nomura in the management and ownership of the Salinas Ball Club in its move to San Bernardino. He stated there will be local ownership and management in the ball club. He stated that he and Mr. Sanchez have over 40 years in collegiate, semi-professional and professional baseball in San Bernardino. Mr. Sanchez has been a coach at San Bernardino Valley College, and is presently the assistant coach at Cal State Northridge. The Council expressed concern that the agreement does not address the issues of noise or traffic that would affect the neighborhood. Mr. DiCarlo stated that the noise and traffic concerns have been addressed and should not pose a problem. Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam, to approve in principle the Memorandum of Understanding between Mayor Holcomb and Mr. Joe Gagliardi, President of the California Baseball League. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam. Nays: Council Member Miller. Abstain: Council Member Hernandez. Absent: None. RES. 92-419 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE. (8-1) Council Member Minor made a motion, seconded' by Council Member Estrada, that said resolution be adopted. Resolution No. 92-419 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 92-420 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND DANCE THEATERS, INC. FOR THE PROMOTION OF ARTS AND CULTURE. (8-2) Council Member Estrada made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 92-420 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. 18 11/2/92 RES. 92-421 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE LOCATIONS WHERE MID-BLOCK CROSSWALKS ARE PERMITTED IN THE CITY IN ACCORDANCE WITH CALIFORNIA VEHICLE CODE SECTION 21106. (8-3) Council Member Reilly made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 92-242 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 92-422 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF ASSESSMENT DISTRICT NO. 990 LOCATED IN THE HIGHLAND-ARDEN AREA BY EXPANDING THE SCOPE AND BOUNDARIES THEREOF TO INCLUDE ADDITIONAL SECURITY SERVICES AND ADDITIONAL LIGHTING MAINTENANCE AND ENERGY COSTS FOR ADDITIONAL TERRITORY IN THE DISTRICT; CREATING ZONE 1 TO COVER THE EXISTING BOUNDARIES AND CREATING ZONE 2 TO BE ASSESSED THE COST OF SAID ADDITIONAL SECURITY SERVICES AND MAINTENANCE; DECLARING ITS INTENTION TO PROCEED TO ORDER THE AMENDMENT AND EXPANSION OF SCOPE AND BOUNDARIES OF THE DISTRICT AND SETTING A PUBLIC HEARING. (8-4) Council Member Miller made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 92-422 was adopted by the fOllowing vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. APPOINTMENT - MOBILEHOME RENT BOARD - DAVID B. MARION (8-S) In a memorandum dated October 28, 1992, Gerald Butler, Mobilehome Rent Board coordinator, stated that Father La pinto submitted his resignation to the Mobilehome Rent Board as of October 1992. Mr. David B. Marion, Certified Public Accountant, 101 E. Redlands Blvd., suite #298, Redlands, CA 92373, has been recommended to serve on the Mobilehome Rent Board as a neutral member. Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that the appointment of David B. Marion to the Mobilehome Rent Board, as requested by Timothy Steinhaus, be approved. 19 11/2/92 PURCHASE OF FOUR BASEBALL CLUB, INC. OWED BY THE BASEBALL TRAILERS THE SAN BERNARDINO $50,000 AGAINST THE REMAINDER CLUB FOR THE 1992 SEASON (5-6) In a memorandum dated October 22, 1992, Annie F. Ramos, Director of Parks, Recreation and community services, stated that the San Bernardino Baseball Club, Inc., has offered for sale the four trailers located at Fiscalini Field. These trailers consist of three single-wides used as restrooms on the first and third base sides and as a visitors locker room, and one double-wide used as a business office. These trailers have been inspected by ci ty staff and Risk Management Off ice. The Risk Management Office has appraised the value of these trailers at $50,000. It is recommended that the purchase of the four trailers from the San Bernardino Baseball Club, Inc., in the amount of $50,000 be used against the remainder owed by the Baseball Club for the 1992 Season. The balance of the lease payments is $10,615.98 which will be paid to the City by the San Bernardino Baseball Club. The trailers are very desirable in that they are needed for normal stadium operations. Construction of permanent restroom and office facilities would cost in excess of $300,000. The use of the stadium for minor league baseball or for any other program necessitates the additional restroom facilities. City Attorney Penman advised the Council of the need to amend language in the agreement. Council Member Reilly made a motion, seconded by Council Member Minor, that the purchase of four trailers from the San Bernardino Baseball Club, Inc., for the amount of $50,000, against the balance due for stadium lease payments, be approved. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam. Council Members Hernandez, Miller. Absent: None. Council Nays: RECESS MEETING At 10:55 a.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 11:04 a.m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Estrada, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; Sr. Assistant City Attorney Barlow, city Clerk Rachel Clark. Absent: Council Member Reilly; City Administrator Shauna Clark. 20 11/2/92 COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11: 04 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. COUNCIL MEMBER REILLY RETURNED At 11:06 a.m., Council Member Reilly returned to the Council meeting and took his place at the council table. WEST SIDE FAMILY MEDICAL CLINIC EXPANSION AMENDMENT FIRST (R-9) In a memorandum dated October 28, 1992, Kenneth J. Henderson, Executive Director, Development Department, stated that the city of San Bernardino entered into a contract with the County of San Bernardino and Casa Ramona, Inc. for the design and construction of a 3,072 square foot addition to the existing West Side Family Health Center. The facility is owned by Casa Ramona and is leased to the County. The physical expansion of the project is required in order for the clinic to remain accredited by various medical organizations. The clinic will lose its accreditation by February 1993, if significant progress on the expansion has not been made. On October 15, 1992, a meeting was held to consider options to develop the West Side Family Health Center expansion project, due to an estimated funding shortfall. The meeting was attended by the Mayor, the Director of the County's Economic and Community Development Department, the Administrator of the County's Architecture and Engineering Department and the Executive Director of the Development Department. An appropriate resolution of the problem was agreed to by all present. It was proposed that the first amendment to the existing contract provide additional funding, not to exceed $165,000, from the city of San Bernardino to finance the estimated deficit for the addition and remodeling of the facility, and a City waiver of fees. To prevent a negative impact on the city's General Fund, the Economic Development Agency shall pay all development and permit fees required for the construction of improvements and remodeling. The additional $165,000 would be appropriated from the Agency's Collateralized Mortgage Obligation fund and tax increment fund. Ken Henderson, Executi ve Director, Development Department, explained the terms of the agreement calls for a 50/50 split of funds between the City of San Bernardino and the County of San Bernardino. He stated that there is a deficit in funds in the amount of $165,000. County representatives have indicated that they do not have available funds to pay their pro rata share of the costs of the improvements, and have requested that the City 21 11/2/92 advance the necessary funds. The County has promised to repay the City during the next fiscal year. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, that the Mayor and Common Council and Community Development Commission approve an additional $165,000 as a First Amendment to its existing contract with the County of San Bernardino for design and expansion of the West Side Family Medical Clinic in order to partially eliminate a development budget deficit and authorize the Mayor, City Clerk and City Attorney to execute the attached agreement. (Motion "A") *Note: No vote was taken at this time. The Council discussed using tax increment funds instead of Collateralized Mortgage Obligation bonds to finance the project. Council Member Hernandez made a substitute motion, seconded by Council Member Pope-Ludlam, that the Community Development Commission approve an additional $165,000, utilizing only tax increment funds, as a First Amendment to its existing contract with the County of San Bernardino for design and expansion of the West Side Family Medical Clinic in order to partially eliminate a development budget deficit and authorize the Mayor, City Clerk and City Attorney to execute the attached agreement. (Motion "B") 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. RECESS MEETING - CLOSED SESSION (R-10) At 11:12 a.m., the regular meeting of Community Development Commission recessed to closed session for the following: a. to confer with the attorney regardfng pending litigation which has been initiated formally to which the Commission is a party pursuant to Government Code Section 54956.9(a); b. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9(b) (1), as there is significant exposure to litigation; c. to confer litigation 54956.9(C) , to initiate with the attorney regarding pursuant to Government Code so that the Commission may decide litigation; pending Section whether d. to give instruction to the commission's negotiator on the purchase of property pursuant to Government Code Section 54956.8. The real property which the negotiations is generally located at: ; 22 11/2/92 e. to consider personnel matters pursuant to Government Code section 54947. CLOSED SESSION At 11:12 a.m., Chairman 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: Chairman Holcomb; Council/Commission Members Estrada, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; Sr. Assistant City Attorney Barlow, city Clerk Rachel Clark. Absent: Council Member Reilly; City Administrator Shauna Clark. Also present: Tim Steinhaus, Agency Administrator; Tim Sabo, Agency counsel; Ken Henderson, Executive Director of Development Department. ADJOURN CLOSED SESSION At 11:20 a.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. LUNCHEON WORKSHOP The Mayor and Common Council cancelled the workshop relative to the Unreinforced Masonry (URM) Building Program. (28) RECONVENE MEETING At 2:03 p.m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam; Deputy City Attorney Empeno, City Clerk Rachel Clark. Absent: Council Members Estrada, Miller; City Administrator Shauna Clark. ANNOUNCEMENT BY CITY Clerk Rachel Clark (4) City Clerk Rachel Clark announced that the City Clerk's Office would be open until 8:00 p.m. that evening, to assist the public with questions regarding the location of their polling places. COUNCIL MEMBER MILLER RETURNED At 2:05 p.m., Council Member Miller meeting and took her place at the council returned to the Council table. 23 11/2/92 PUBLIC HEARING DEVELOPMENT AGREEMENT NO. DEVELOPMENT OF A PHASED EXPANSION PROJECT AT CENTER MALL - CONTINUED FROM OCTOBER 19, 1992 91-01- INLAND (29) This is the time and place continued to for a public hearing on Development Agreement No. 91-01 - development of a phased expansion project at the Inland Center Mall. In a memorandum dated October 1, 1992, Al Boughey, Director of Planning & Building Services, stated that the applicant/ developer proposes to add an additional 776,465 gross square feet to construct three new department stores and add a second level to the mall. The mall is located east of the 1-215 Freeway, south of Inland Center Drive and west of "E" Street. The applicant/ developer 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. The applicant/developer is seeking a commitment from the City in terms of approving the expansion project in order to solicit commitments from prospective new department stores and in-line tenants. 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) (29) Larry Reed, Deputy Director, Planning & Building Services, read a letter from the attorney representing the Inland Center Mall requesting that the item be continued to December 7, 1992. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the public hearing on Development Agreement No. 91-01 to govern the development of a phased expansion project at the Inland Center Mall be continued to December 7, 1992, in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. APPEAL - PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT NO. 91-03 - 40 UNIT SENIOR CITIZEN APARTMENT COMPLEX PROJECT - CONTINUED FROM OCTOBER 19, 1992 (30) This is the time and place continued to for an appeal hearing on the Planning Commission's denial of Conditional Use Permit No. 91-03, to construct a 40 unit senior citizen apartment complex project on the north side of Third Street, between Allen Street and Sierra Way. The applicant is Cliff Carel & Associates, 144 E. Third Street, San Bernardino, California. 24 11/2/92 In a memorandum dated October S, 1992, Al Boughey, Director of Planning & Building Services, stated that the applicant, Cliff Carel & Associates, requested approval to construct a 40-unit senior citizen apartment project. In addition, there is a request for a variance to reduce the number of required parking spaces from 73 to 56 for the project. Planning staff have identified key issues pertaining to the project as follows: 1. There is concern for the safety of the future residents of the senior complex in that the area in which it is proposed to be located is one of high crime rates; 2. There are no conveniently located medical or health services; 3. There are no conveniently located commercial services such as grocery or drug stores; 4. The floor plan shows 2-bedroom units which the Housing Authority of San Bernardino County has stated are the most difficult to rent to seniors, and the project could have a high vacancy rate; 5. 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; 6. The feasibility study does not justify construction of the project; 7. The design of the project is not suitable for the area, if the area were suitable for senior housing. Mayor Holcomb opened the hearing. Henry Empeno, Deputy City Attorney, explained that the staff researched the issue of whether the project is consistent with the General Plan; however, he has not had an opportunity to provide a written legal opinion on the issue. Mr. Empeno stated that if the project is approved and is challenged in Court, there is the possibility that a court would find the project inconsistent with the city's General Plan. COUNCIL MEMBER ESTRADA RETURNED At 2:13 p.m., Council Member Estrada meeting and took her place at the council returned to the Council table. 25 11/2/92 1 Deputy City Attorney Empeno stated that the Planning staff interpreted the General Plan's proximity requirement to be within walking distance of the described facilities. The proposed project site is located almost two miles from medical services and a mile from social services and retail services. Deputy city Attorney Empeno answered questions regarding provisions in the Development Code relating to public transportation. He stated that at the Planning Commission meeting the applicant stated that private transportation services would be provided; however, the General Plan has no provisions regarding substitution of shuttle services for proximity requirements. Mr. Empeno advised the Mayor and Council of the legal requirements contained in the General Plan under Policy 1.7.19 and Policy 2.6.1, which mandates the development of a senior citizen housing facility located within the Commercial Office Area, CO-1, zone designation. He stated that senior housing facilities are to be located in proximity to public transportation, supporting commercial, health and social services. Larry Reed answered questions regarding the interpretation of proximity in the General Plan. He stated that the proximity is determined to be one-half mile or less. Concerns were expressed that the proximity interpretation in the General Plan for a senior citizen complex is too stringent. Mayor Holcomb felt that senior citizen housing projects should be located within walking distance to necessary amenities in order to sustain a reasonable quality of life. Mayor Holcomb suggested that a vote be taken to reopen the hearing. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Mayor and Council reopen the hearing. A member of the Council pointed out that there are social services, medical services, pUblic transportation, and health services within close proximity of the proposed project. Cliff Carel, Cliff Carel & Associates, 144 E. 3rd Street, San Bernardino, CA, expressed concern regarding proximity and compatibility of his project with the requirements in the Development Code. He explained the circumstances involved in acquiring the apartment complex located at 4th and Allen Streets. Mr. Carel advised that there still remains a balance of approximately $30,000 on the loan he received from the Redevelopment Agency which he intends to repay. 26 11/2/92 Mr. Carel commented on the condition of the apartment complex located at 4th and Allen streets. He pointed out that he does not own the units and when he owned the units they were maintained in good condition. Mr. Carel indicated that he has complied with all the requirements imposed by planning staff. He stated that based on the recommendations of staff he revised the parking requirements, and site design. Mr. Carel insisted that no mention was made to him regarding Planning staff's concerns of the appropriateness of the senior citizen apartment complex being located in proximity to shopping services and health and medical services; nor that the proposed site is in a high crime area. Mr. Carel voiced responsible for the apartment complex. concern that the city should not hold him condition of the 4th and Allen street Larry Reed, Deputy Planning Director, stated that staff have advised the owner that the proposed senior citizen apartment complex is not a good site based on the professional opinion of the police, San Bernardino County Housing Authority, and the Development Department. Deputy Director Reed clarified the definition of what determines a project to be deemed complete. He stated that under planning law, the application process involves a number of reports and special studies that must be submitted. Once the reports are submitted, the application is then deemed complete for the purpose of starting the review process. He stated that there has only been one meeting with the City's Environmental and Development Review Committee concerning the applicant's application. Mr. Reed suggested that the General Plan be amended to delete the proximity provisions, or provide Planning staff and the Planning Commission guidance in interpreting the distance requirement in order to make the project a success. He stated that in his professional opinion the walking distance for the proposed project should not be beyond 1/2 mile. Mr. Reed stated that conditional use permits are discretionary and approved by the Mayor and Council. Conditional use permits are made up of two parts a) the use; and b) site development standards. Discussion ensued regarding the inconsistencies in information received from various city departments concerning the compatibility of the project. It was pointed out that police reports submitted from the City's Police Department indicates that crime is a major factor in the area. 27 11/2/92 Cherlyn Montague, on behalf of Cliff Carel, stated that the original application had been submitted to the Council in December, 1990. A marketing analysis feasibility study and traffic study had to be submitted in February 1991. She stated that at the time the reports were submitted for review, no mention was made concerning the proximity requirements. Discussion was held regarding amending the General Plan to delete the requirement that senior housing projects must be placed in close proximity to public transportation, commercial, health and social services. Ms. Montague answered questions regarding the number of two bedroom units proposed for the project. She replied that the project would contain four two bedroom apartments as recommended by Ken Henderson, Executive Director of the Development Department and representatives of the county Housing Authority. Ms. Montague added that if the apartments are not rented, there are provisions to prevent the apartments from being converted into multi-family units. Mayor Holcomb stated that under a recent Supreme Court ruling the city cannot restrict the number of people occupying a dwelling unit or senior citizen housing project. He explained that if the seniors do not desire to Ii ve at the proposed location, then the developer has no other choice but to rent the complex to the next interested party. Mayor Holcomb expressed concern that the project site would not have adequate parking and felt that seniors would not want to live in an area where there is considerable crime and illegal drug activity occurring in the neighborhood. Mayor Holcomb suggested that the Mayor and Council take a tour of the neighborhood where the proposed senior citizen complex would be constructed. Henry Empeno, Deputy city Attorney, answered questions regarding provisions in the General Plan pertaining to multi- family designation. He stated that the General Plan Land Use Map designates this site as Co, Commercial Office; and that the only type of residential housing permitted is senior citizen housing, accompanying a conditional use permit. Mr. Empeno answered questions regarding the supreme Court ruling and stated that the City cannot restrict housing to families or limit the number of people that may reside in the dwelling unit. Mayor Holcomb questioned requirement that only seniors citizen housing project. if can the City could impose a occupy the proposed senior 28 11/2/92 Deputy City Attorney impose restrictions on the permit process. Empeno stated that the city could project through the conditional use Mayor Holcomb proposed that a provision be imposed on the conditional use permit that no one under age 65 live in the proposed senior housing complex. Mayor Holcomb pointed out that since the city is financing the senior project, there should be provisions to protect the city, if the project should fail. Discussion was held regarding previous community Development Commission action which approved the appropriation of $200,000 in tax allocation bond proceeds for site preparation and demolition of a bridge in connection with the development of the Millennium Manor Senior citizens project. Mayor Holcomb requested that a video tape be shown reflecting the deteriorated condition of the neighborhood in the vicinity of where the proposed senior citizen project is to be constructed. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, not to show the video tape. The motion carried by the following vote: Members Estrada, Reilly, Hernandez, Pope-Ludlam, Council Members Maudsley, Minor. Absent: None. Ayes: Council Miller. Nays: Larry Reed, Assistant Director of Planning and Building services, stated that there are a number of areas in the communi ty that are designated for senior citizen housing, but there is no specific zoning district for senior housing projects. He stated that the City would allow senior housing under a conditional use permit. Deputy City Attorney Empeno clarified that the proximity requirement in the General Plan is only applicable if there is a conditional use permit application for senior citizen housing in the CO, Commercial Office land use designation. Senior citizen housing is permitted pursuant to the development of an application in the RU, RM, RMH and RH land use designations. The proximity requirements are stated only as an encouragement in the area but not as an absolute restriction. However, in the CO, Commercial Office land use designation, is absolute. Mr. Richard Rieker, 109 West Third street, San Bernardino, CA, expressed concern regarding conversion plans, if the senior citizen housing development fails. Mr. Rieker stated that he does not object to development of senior housing but objects to the location. He urged the Mayor and Council to place the necessary safeguards into the agreement should the project fail as a senior citizen housing development. 29 11/2/92 Ms. Montague answered questions and stated that she has submitted redesigned plans that address safety and security. Mr. Reed agreed that the plans have been re-designed but indicated that the plans must be presented to the Development Review Committee and Environmental Review Committee for formal review. A discussion ensued regarding increased crime in the area of the Meadowbrook apartment complex. City Clerk Rachel Clark read into the record a memorandum dated November 2, 1992 from Shauna Clark, City Administrator on behalf of Carrie Gonzales, Manager of Meadowbrook Towers, who called the City Administrator's Office and requested that the record reflect her views on the proposed senior housing project on Third and Allen streets. She feels strongly that putting more senior housing in this location would help reclaim the area. Deputy City Attorney Empeno informed the Council of the available options concerning Conditional Use Permit No. 91-03. He suggested that if the Council desires to approve the project in concept, the matter should be continued for 90 days to allow staff time to advertise the Initial Study and receive pUblic comments; and to allow Planning staff time to prepare draft findings of fact and conditions of approval and standard requirements. Deputy Director Reed stated that the appropriate action would be to approve Option No. Two - to approve the location in concept, and require that the project be redesigned, the Initial study be advertised and made available for public review and comment, and continue CUP No. 91-03 for 90 days. Mr. Reed answered questions and stated that the redesign plans have not been reviewed by the Development Review Committee, the Environmental Review Committee, nor has the matter been advertised in the local newspaper. Deputy City Attorney Empeno answered questions regarding whether or not the conditional use permit can be granted without a development review. He replied that the project application pending before the Council is not the redesigned project. The redesigned project has not gone through the approval process. He suggested that the Council approve the present application, in concept, and continue the matter for a period of time so that staff can draft the findings of fact and conditions of approval and standard requirements. He added that without the findings of fact and approval of the project, the project can be challenged, litigated and defeated in Court. 30 11/2/92 Discussion was held regarding previous Council/Commission action of March 16, 1992 which approved the appropriation of $200,000 in tax allocation bond proceeds for site preparation and demolition of the bridge in connection with the development of the Millennium Manor senior citizens project. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, to reconsider the motion made at the last Council meeting (October 19, 1992). The Members Miller. motion carried by the following vote: Ayes: Council Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam, Nays: Council Member Minor. Absent: None. A discussion was held regarding a motion to repeal the Planning commission's decision to deny the appeal. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, to grant the appeal. *Note: It was the intent of the Mayor and Council to grant the appeal in concept; that the redesigned project go through Development Review committee; and that the Initial study be advertised as available for public review and comment. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Pope-Ludlam, Miller. Nays: Council Member Minor. Abstain: Council Member Maudsley. Absent: None. Deputy city Attorney Empeno advised the Council that the matter should be continued if the redesigned project is to be considered. He stated that the Initial study needs to be advertised for public review and comment, and that staff needs time to draft the findings of fact, conditions of approval and standard requirements in support of the project. Assistant planning Director Reed explained that a 90 day continuance is needed in order to allow time to advertise the Initial Study and receive public review and comment, to advertise the intent to adopt the negative declaration; and allow review by the Development Review Committee. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that the item be continued for sixty days. A member of the Council requested that there be provisions to ensure the appropriate zone designation for the project in the future. 31 11/2/92 The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Pope-Ludlam, Miller. Nays: Council Member Minor. Abstain: Council Member Maudsley. Absent: None. APPEAL - PLANNING COMMISSION'S DENIAL OF VARIANCE NO. 92-09 - INSTALL ADDITIONAL WALL SIGNAGE - WEST SIDE OF SOUTH "E" STREET, SOUTH OF MILL STREET BLEIER INDUSTRIES, LTD. (31) This is the time and place set for an appeal of the Planning commission's denial of Variance No. 92-09, to install additional wall signage in excess of the prescribed limitations contained in Development Code section 19.22.150(C)(3) (A). The subject property is located on the west side of South "E" Street, approximately 1,285 feet south of Mill Street. The applicant is Bleier Industries, Ltd. In a memorandum dated October 22, 1992, Al Boughey, Director of Planning and Building Services, reported that the applicant, Bleier Industries, Ltd., requested a variance from Development Code section 19.22.150(C) (3) (A), to install an 87 square-foot wall sign on the "silo" retail store's street frontage, in addition to 150 square feet of existing signage on the same side. The silo building site is identified as 710 South "E" Street and is located in the CG-1, Commercial General land use designation of the General Plan. The applicant believes that the sign should be exempt from Development Code standards because it is located within the building's interior, despite the fact that it is visible from the exterior through the building's clear glass windows, and that the sign is an integral architectural element. Mayor Holcomb opened the hearing. Larry Reed, Assistant Director of Planning and Building Services, described two options: 1) to deny the appeal and variance; or 2) to continue the item, and uphold the appeal and approve Variance No. 92-09, in concept, and direct staff to prepare positive findings of fact. Paul Bleier, 2030 West Desert Cove, Phoenix, AZ, urged the Mayor and Council to approve his request for a variance based on the fact that silo stores are designed differently. He stated that silo had made every effort to accommodate staff's many design requests including the modification of silo's standard store design format that includes the store's entry at the building's corner. The original drawings indicated interior signage; however, due to the numerous changes required, the signage failed to show on subsequent revisions that went through the review process. Exterior signage for this particular site 32 11/2/92 was reviewed by staff and was permitted in strict accordance by the City of San Bernardino's sign ordinance. After the store opened, Planning staff informed silo that the interior sign was possibly installed in violation of the city's ordinance. Mr. Bleier stated that the City's sign ordinance did not expressly distinguish between signs mounted on the exterior of the premise with those mounted within the premise but visible to the exterior. Mr. Bleier presented to the Mayor and Council photographs of various silo stores. He stated that the San Bernardino store was the first newly constructed site since silo's entry into the Los Angeles Metropolitan area. All prior silo locations were sites remodeled from prior tenant occupancies. He stated that granting of the variance is necessary for preservation and enjoyment of substantial property rights. COUNCIL MEMBER HERNANDEZ EXCUSED At 3:54 p.m., Council Member Hernandez left the Council meeting. Discussion was held regarding interior sign regulations. It was felt that the primary intent of the sign was to be seen from the exterior; and that approval of the variance would set the precedence for other buildings with modern glass areas. Deputy City Attorney Empeno answered questions and stated that the City has the authority to set up sign regulations regarding the amount of square footage a business establishment can make. It is staff's interpretation that an interior sign with neon lighting is a sign that should be regulated by the outdoor signage requirements for a business. He felt that this regulation would hold up in Court if challenged. The primary intent of the sign is to draw customers that are passing motorists on the street. The intent of the sign regulation is for aesthetic reasons in order to increase the visual impact. Larry Reed stated that staff is not prohibiting the sign. staff feels that the interior sign is like a wall sign or another sign; and if they wanted to have it, as long as it was built within the total aggregated area of all signs it could be accommodated. Part of the variance is to allow this sign and additional sign area above and beyond an already existing wall sign. Mr. Bleier answered questions and stated that the original plans had a different store entrance design. A number of revisions were made based on staff's recommendation. subsequent revisions failed to transfer the new sign design on the plans. 33 11/2/92 Mr. through design. Reed concurred that the final plans that were approved the planning process did not show the revised sign Mayor Holcomb urged the Council to approve the appeal; and that the matter of amending the Development Code to incorporate inside signs be continued. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the hearing be closed; and that the Mayor and Common Council uphold the appeal and refer back to staff to develop positive findings of fact. *Note: It was the intent of the Mayor and Council to close the public hearing; uphold the appeal and refer back to staff to develop conditions of approval, standard requirements and positive findings. Council Member Reilly made a motion, seconded by Council Member Estrada, and unanimously carried, that the Planning commission review the sign ordinance and come back with modifications. DEVELOPMENT CODE AMENDMENT TO PERMIT WAIVER OF REQUIREMENT FOR TWO STANDARD ROUTES OF INGRESS AND EGRESS FOR TENTATIVE TRACT AND PARCEL MAPS UNDER CERTAIN CIRCUMSTANCES (32) In a memorandum dated October 22, 1992, Al Boughey, Director of Planning and Building Services, stated that staff was directed to prepare a Development Code Amendment to allow approval of a tentative tract or parcel map with only one standard route of ingress and egress, under certain circumstances, for property located outside of any fire hazard area. ' The following key issues have been identified which warrant consideration of such an amendment to the Development Code: The existence of properties within the City located outside of any Fire Hazard Areas which are incapable of providing a second standard route of access yet, if subdivided with only one standard route of ingress or egress, would not pose any threat to the public health, safety, and welfare of the citizens of San Bernardino in the event of flood, fire or other emergency. Such properties are precluded from subdivision since two standard means of ingress and egress must be provided per Development Code section 19.30.200(6) 34 11/2/92 Lack of provlslons in the Development Code to waive the requirements for a second standard route of access for a tentative tract or subdivision, whether or not such a waiver may be justified. Prior to adoption of the Development Code, Municipal Code Title 18 contained provisions for waiving the requirement for a second standard route of access for tentative tracts or parcel maps, provided that such a waiver did not pose any potential pUblic health, safety or welfare risks in the event of an emergency. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Common Council direct Planning staff to prepare a Development Code Amendment establishing criteria for a waiver of the requirement of a second route of access for tentative tracts and parcel maps when in situations in which such a waiver would not pose a threat to public health, safety, and welfare in the event of flood, fire or other emergency, and in si tuations in which the property subject to such a subdivision is located outside any fire hazard area and it is not feasible for a second route of access to be provided. RECESS MEETING At 4:13 p.m., the Mayor and Common council and Development Commission recessed to closed session following: a. 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: (1) Community for the b. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9(b) (1), as there is significant exposure to litigation; 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 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: ; 35 11/2/92 e. to consider personnel matters pursuant to Government Code section 54957; 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 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 Companv. et al vs. citv of San Bernardino. et al - San Bernardino Superior Court Case No. 242998; San Bernardino Superior Court Case No. 252058; citv of San Bernardino vs. Libertv Cable T.V.. et al- united States District Court Case No. 82-6876 WMB; citv of San Bernardino vs. Countv of San Bernardino. et al- Riverside Superior Court Case No. 207900; Tomas Armendariz. et al vs. James F. Penman. et al. - United States District Court Case No. 91-5757 CMB (JRx); 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; citv of San Bernardino vs. Chambers Cable - San Bernardino Superior Court Case No. 264793; Marvanne Johnson vs. citv 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; Carl B. Alston vs. citv of San Bernardino et al - united States District Court Case No. 90-0012 WRJ; 36 11/2/92 victor Aquilar. et al vs. Cal Nev Pipeline Co. - Los Angeles Superior Court Case No. C751026; 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. Washinqton 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. CLOSED SESSION At 4:13 p.m., Mayor Holcomb called the closed session to order in the conference room 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, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Rachel Clark, city Administrator Shauna Clark. Absent: Council Member Hernandez. Also present: Tim Sabo, Agency Counsel; Tim Steinhaus, Agency Administrator. ADJOURNED CLOSED SESSION At 4:27 p.m., the closed session adjourned to the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall. 37 11/2/92 ADJOURNMENT At 4:28 p.m., the regular meeting of the Council adjourned to Friday, November 6, 1992, the Council Chambers of city Hall, 300 North Bernardino, California. (33) Mayor and Common at 9:00 a.m., in "D" street, San RACHEL CLARK City Clerk By ~~c1~ Diane Jqnes, Deputy city Clerk No. of Items: 45 No. of Hours: 5 hrs. 25 min. ~ 38 11/2/92