HomeMy WebLinkAbout12-07-1992 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
REGULAR MEETING
DECEMBER 7, 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
8:35 a.m., Monday, December 7, 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, Minor, Miller; city Attorney Penman, city Clerk Rachel
Clark, City Administrator Shauna Clark. Absent: Council Members
Estrada, Maudsley, Pope-Ludlam.
City Attorney Penman announced that the following additional
cases would be discussed in closed session:
Jenkins vs. citv of San Bernardino - San Bernardino Superior
Court Case No. 253086;
County of San Bernardino vs. city of San Bernardino-
Riverside Superior Court Case No. 224288;
Ardith Wilson vs. San Bernardino Countv School District-
San Bernardino Superior Court Case No. 253086.
RECESS MEETING - CLOSED SESSION (1 & S-5)
At 8:35 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
below, the City Council
whether a closed session
California Government Code
and circumstances, set out
is meeting only to decide
is authorized pursuant to
section 54956.9(b) (2);
12/7 /92
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c.
to confer with the attorney regarding
litigation pursuant to Government Code
54956.9(cl, 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;
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:
Stubblef ield Construction Comoanv. et al vs. ci tv 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;
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;
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;
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Tomas Armendariz. et al vs. James F. Penman. et al - San
Bernardino Trial Court Case No. 271093;
Brenda Anderson vs. city of San Bernardino - San Bernardino
Superior Court Case No. 243039;
Dennev vs. citv of San Bernardino - San Bernardino Superior
Court Case No. 273800;
Arias vs. citv of San Bernardino - San Bernardino Superior
Court - Case No. 265352;
Brenn vs. Hernandez/City - San Bernardino Municipal Court
Case No. 263047;
citv of San Bernardino vs. Elvoid - San Bernardino Superior
Court Case No. 265131;
DeVries vs. citv of San Bernardino - San Bernardino Superior
Court Case No. 261909;
Faso vs. citv of San Bernardino - San Bernardino Superior
Court Case No. 272068;
Foo vs. Penman. et al - united States District Court Case
No. CV 91-3056;
Patel vs. Penman. et al - united States District Court Case
No. CV 91-1420;
Sharon McGill/Crain vs. citv of San Bernardino San
Bernardino Superior Court Case No. 229990;
Dennv vs. Central citv Mall - San Bernardino Superior Court
Case No. 273800;
Lines vs. city of San Bernardino - San Bernardino Superior
Court Case No. 221289;
Alston vs. citv of San Bernardino - united States District
Court Case No. CV 90-0012 WJR;
oasis Palms vs. citv of San Bernardino
District Court Case No. SACV 91-616 AHS;
uni ted States
Austin vs. citv of San Bernardino - San Bernardino superior
Court Case No. 244375;
Kranvac vs. Countv/Citv of San Bernardino - United States
District Court Case No. SACV 91-400 GLT;
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DeNavarette vs. city of San Bernardino
Superior Court Case No. 257365;
San Bernardino
DeCarvalho vs. Huntoon/Citv of San Bernardino San
Bernardino Superior Court Case No. 268323;
Saab vs. citv of San Bernardino - San Bernardino Superior
Court Case No. 234561;
Shafe vs. ICON/citv of San Bernardino
Superior Court Case No. 251025;
San Bernardino
Aaron smith vs. Bland/Citv of San Bernardino San
Bernardino Municipal Court Case No. 145957;
Clifford Smith vs. Revnolds/Citv of San Bernardino - San
Bernardino Municipal Court Case No. 145956;
Brenda Walker vs. citv of San Bernardino - united States
District Court Case No. CV 91-5239 WRP (Jrx).
CLOSED SESSION
At 8:35 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.
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ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Holcomb; Council Members Reilly,
Hernandez, Minor, Miller; City Attorney Penman, City Clerk Rachel
Clark, City Administrator Shauna Clark. Absent: Council Members
Estrada, Maudsley, Pope-Ludlam.
Also present:
Margaret Scroggin,
Attorney's Office.
Senior Assistant City Attorney Morillo, and
Administrative Operations Supervisor, city
COUNCIL MEMBER
At 8:38 a.m.,
closed session.
POPE-LUDLAM ARRIVED
Council Member Pope-Ludlam
arrived at the
COUNCIL MEMBER ESTRADA ARRIVED
At 9:05 a.m., Council Member Estrada arrived at the closed
session.
COUNCIL MEMBER HERNANDEZ EXCUSED
At 9: 06 a. m., Council Member Hernandez left the closed
session.
DEPUTY CITY ATTORNEY SIMMONS ARRIVED
At 9:09 a.m., Deputy City Attorney Simmons arrived at the
closed session.
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COUNCIL MEMBER MAUDSLEY ARRIVED
At 9:11 a.m., Council Member Maudsley arrived at the closed
session.
DEPUTY CITY ATTORNEY ROTH ARRIVED
At 9:11 a.m., Deputy City Attorney Roth arrived at the
closed session.
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.
ADJOURN CLOSED SESSION
At 9: 16 a. m., the closed session adjourned to the regular
meeting of the Mayor and Common Council of the City of San
Bernardino.
RECONVENE MEETING
At 9:32 a.m., Mayor Holcomb 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 Reilly,
Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant
city Attorney Barlow, city Clerk Rachel Clark, city Administrator
Shauna Clark. Absent: Council Member Estrada.
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
Hernandez.
PROCLAMATION NATIONAL DRUNK &
PREVENTION MONTH - DECEMBER 1992
DRUGGED DRIVING
(4)
J. Lorraine Velarde, Executive Assistant to the Mayor, read
a proclamation declaring the month of December 1992, as the
National Drunk and Drugged Driving Prevention Month in the City
of San Bernardino.
San Bernardino Chief of Police Robbins accepted the
proclamation.
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PUBLIC COMMENTS - WADE BYARS - LITERACY PROGRAM FUNDING
(3)
Wade Byars, a resident of
the Mayor and Council set
library's Literacy Program,
literacy programs nationwide.
San Bernardino, CA, requested that
aside funds in support of the
which is one of eighty-seven
There was a video presentation to
regarding the literacy program, and its
illiteracy.
inform
goal of
the public
eliminating
PUBLIC COMMENTS - CARLOS BARNETT - AFSCME LOCAL 122 (3)
Carlos Barnett, AFSCME, Local 122, 393 West Athol street
suite #13, San Bernardino, CA, asked if any provisions have been
made regarding when City employees would be paid for the pay
period ending on December 31, 1992, as City Hall would be closed
during the holidays.
city Clerk Rachel Clark stated that provisions have been
made so that employees can pick up their paychecks between 7:30
a.m. and noon on Wednesday, December 30, 1992.
PUBLIC COMMENTS - ROGER DUMAS
(3)
Roger Dumas, a resident of San Bernardino,
residents and employees of the city to prepare for
putting aside adequate food and clothing.
CA, urged all
earthquakes by
PUBLIC COMMENTS - ED CRAYTON DE VITA
(3)
Ed Crayton De Vita, a resident of Rialto, stated his support
for the promotion and encouragement of entrepreneurship.
PUBLIC COMMENTS - JIMMY DE VITA
(3)
Jimmy De Vita, a resident of Rialto, CA, voiced his support
for drunk and drugged driving prevention month. He requested
that further study be conducted of Route 30 to correct existing
safety problems.
COUNCIL MEMBER ESTRADA ARRIVED
At 9:57 a.m., Council Member Estrada arrived at the Council
meeting and took her place at the council table.
WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (5)
Council Member Miller made a motion, seconded by Council
Member Hernandez, and unanimously carried, that further reading
of all resolutions and ordinances on the regular, supplemental
and Community Development Commission agendas, be waived.
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COUNCIL MINUTES
(6)
council Member Miller made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the minutes of
the following meeting of the Mayor and Common Council of the City
of San Bernardino, be approved as submitted in typewritten form:
Novp_hPr 6, 1992.
CHANGE ORDER NO. 3 - SOUTH "E" STREET BRIDGE WIDENING-
INSTALL STREET LIGHT CONTRACT INCREASE $5,445-
BRUTOCO ENGINEERING & CONSTRUCTION (7)
In a memorandum dated November 17, 1992, Roger Hardgrave,
Director of Public Works/City Engineer, stated that an allocation
of $20,510 was approved at the Community Development Commission
meeting of March 2, 1992. This allocation was from tax
allocation bond proceeds, and was to be used to finance the
City's share of the cost for undergrounding the overhead utility
facilities along South "E" Street, from Hunts Lane to MacKay
Drive.
A street light is mounted on an Edison pole on the east
side of "E" street, just south of the bridge over the Santa Ana
River. This light will be removed along with the Edison pole
when the utility facilities are undergrounded. The contractor
has quoted a price of $5,445 to furnish and install a concrete
City street light standard to replace the light that will be
removed. This proposed street light will illuminate the south
approach of the bridge.
Council Member Miller made a motion, seconded by Council
Member Hernandez, and unanimously carried, that Change Order No.
3 to the contract with Brutoco Engineering & Construction Co.,
for the widening of South "E" Street Bridge, in accordance with
Plan No. 8347, be approved; to authorize the Contractor to
furnish and install a street light, for an increase in the
contract price of $5,445; from $3,568,987.30 to $3,574,432.30.
CHANGE ORDER NO. 4 - SOUTH "E" STREET BRIDGE WIDENING-
INSTALL PETROMAT & ASPHALT CONCRETE PAVEMENT OVERLAY-
CONTRACT INCREASE - $7,862.40 - BRUTOCO ENGINEERING &
CONSTRUCTION, INC. (8)
In a memorandum dated November 19, 1992, Roger Hardgrave,
Director of Public Works/City Engineer, stated that the plans for
widening the South "E" Street Bridge direct the contractor to
overlay the existing asphalt concrete pavement at both roadway
approaches to the structure. This overlay is to be done in
conjunction with the installation of new pavement within the
widened portion of the approach roadways.
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12/7/92
Significant deterioration of the existing pavement has
occurred since preparation of the plans was started. Extensive
cracking and rutting is evident in the existing pavement. These
cracks would reflect through the overlay in a relatively short
period of time. In order to extend the useful life of the
overlay, and keep city maintenance costs to a minimum in the
future, it is recommended that the contractor be authorized to
install pavement reinforcing fabric over the existing asphalt
concrete, in order to extend the service life. The contractor
has quoted a unit price of $1.68 for the approximate quantity of
4,680 square yards, which extends to $7,862.40.
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Council Member Miller made a motion, seconded by Council
Member Hernandez, and unanimously carried, that Change Order No.
4 to the contract with Brutoco Engineering & Construction, Inc.,
for widening of the South "E" street Bridge, in accordance with
Plan No. 8347, be approved; to authorize the Contractor to
furnish and install Petromat on approximately 4,680 square yards
of existing asphalt pavement, prior to placement of the asphalt
concrete pavement overlay, for an increase in the contract price
of $7,862.40; from $3,574,432.30 to $3,582,294.70.
CLAIMS AND PAYROLL
(9)
Council Member Miller 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 November 24, 1992 from the Director of Finance,
be approved.
RES. 92-442 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
INLAND EMPIRE SYMPHONY ASSOCIATION FOR THE PROMOTION OF
ARTS AND CULTURE. ( 11 )
RES. 92-443 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
NATIONAL COUNCIL OF NEGRO WOMEN, INC., FOR THE
PROMOTION OF ARTS AND CULTURE. (12)
RES. 92-444 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
NATIONAL ORANGE SHOW FOR THE PROMOTION OF ARTS AND
CULTURE. (13 )
RES. 92-445 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
BROADWAY CELEBRITY PLAY SEASON FOR THE PROMOTION OF
ARTS AND CULTURE. (14)
-,
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12/7/92
RES. 92-446 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
SINFONIA MEXICANA COMMITTEE FOR THE PROMOTION OF ARTS
AND CULTURE. (15)
RES. 92-447 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
CANTO BELLO CHORALE FOR THE PROMOTION OF ARTS AND
CULTURE. (16)
RES. 92-448 - 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 ABATEMENT.
(WEED ABATEMENT) (18)
RES. 92-449 - RESOLUTION OF THE CITY OF SAN BERNARDINO
PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE AMENDMENT OF SCOPE AND BOUNDARIES
OF ASSESSMENT DISTRICT NO. 975 LOCATED IN THE MILL AND
PEPPER AREA BY EXPANDING THE BOUNDARIES THEREOF TO
INCLUDE ADDITIONAL TERRITORY IN THE DISTRICT; TO EXPAND
THE SCOPE THEREOF TO INCLUDE THE MAINTENANCE OF
LANDSCAPING OF ADDITIONAL TERRITORY IN THE DISTRICT;
DECLARING ITS INTENTION TO PROCEED TO ORDER THE
AMENDMENT AND EXPANSION OF SCOPE OF THE DISTRICT; AND
WAIVING NOTICE AND HEARING. (19)
RES. 92-450 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING AND DIRECTING THE EXECUTION OF A GRANT DEED
CONVEYING CERTAIN PROPERTY FROM THE CITY OF SAN
BERNARDINO TO THE SAN BERNARDINO VALLEY MUNICIPAL WATER
DISTRICT AND AUTHORIZING THE ACCEPTANCE OF A GRANT DEED
CONVEYING CERTAIN PROPERTY FROM THE SAN BERNARDINO
VALLEY MUNICIPAL WATER DISTRICT TO THE CITY OF SAN
BERNARDINO, SAID PROPERTIES LOCATED ON THE NORTH SIDE
OF 9TH STREET, EAST OF MT. VERNON AVENUE AND BEING PART
OF ENCANTO PARK. (22)
RES. 92-451 - A RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO GRANTING AN
EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY TO
CONSTRUCT AND MAINTAIN ELECTRIC SERVICE AT THE WATER
DEPARTMENT'S 19TH STREET PLANT. (23)
Council Member Miller made a motion, seconded by Council
Member Hernandez, that said resolutions be adopted.
Resolution Nos. 92-442, 92-443, 92-444, 92-445, 92-446, 92-
447, 92-448, 92-449, 92-450, and 92-451 were adopted by the
following vote: Ayes: Council Members Estrada, Reilly,
Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None.
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12/7 /92
Absent: None.
PERSONNEL ACTIONS
(10)
Council Member Minor made a motion, seconded by Council
Member Miller, that the personnel actions submitted by the Chief
Examiner dated November 19, 1992, in accordance with all
administrative regulations of the City of San Bernardino, be
approved.
council Member Hernandez stated that he would vote in
opposition to one position only, the Paralegal I position in the
City Attorney's Office, Range 3353, Step 1 $2580/month, effective
November 17, 1992. (*)
The motion carried by the following vote: Ayes: Council
Members Estrada, Reilly, Hernandez (*), Maudsley, Minor, Pope-
Ludlam, Miller. Nays: None (*). Absent: None.
RES. 92-452 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ADOPTING THE POLICE DEPARTMENT'S PURSUIT POLICY, SOP
CHAPTER #36, PROCEDURE #3, IN ACCORDANCE WITH CVC
17004.7, PUBLIC AGENCY IMMUNITY. (17)
Jeff Wright, P.O. Box 2341, San Bernardino, CA,
opposition to high speed chases in urban areas as they
danger to residents.
voiced
are a
Council Member Minor made a motion, seconded by Council
Member Estrada, that said resolution be adopted.
Resolution No. 92-452 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley,
Minor, Pope-Ludlam, Miller. Nays: None. Absent: None.
RES. 92-453 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH URS
CONSULTANTS, INC., RELATING TO THE PROVISION OF
PROFESSIONAL ENGINEERING DESIGN SERVICES FOR THE
CONSTRUCTION OF THE TIPPECANOE/DEL ROSA AVENUE
CONNECTOR THROUGH NORTON A. F. B. (20)
Discussion ensued regarding the possibility of having the
Inland Valley Development Agency (IVDA) fund a portion of the
design costs sJ.nce the project is located within the IVDA's
jurisdiction, and IVDA would receive benefits from upgrading the
area.
Council Member Estrada made a motion, seconded by Council
Member Reilly, that said resolution be adopted.
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12/7 /92
Resolution
Ayes: Council
Ludlam, Miller.
No. 92-453 was adopted by the following
Members Estrada, Reilly, Maudsley, Minor,
Nays: Council Member Hernandez. Absent:
vote:
Pope-
None.
RES. 92-454 - RESOLUTION OF THE CITY OF SAN BERNARDINO
WAIVING THE MANDATED NINETY (90) DAY NOTIFICATION
PERIOD RELATIVE TO RELINQUISHMENT OF STATE ROUTE 30,
HIGHLAND AVENUE, FROM ARDEN AVENUE TO BOULDER AVENUE;
BOULDER AVENUE, FROM HIGHLAND AVENUE TO FIFTH STREET;
AND ROUTE 330, FROM ROUTE 30 TO NORTH CITY LIMITS, BY
THE CALIFORNIA TRANSPORTATION COMMISSION. (21)
Council Member Maudsley made a motion, seconded by Council
Member Minor, that said resolution be adopted.
Resolution No. 92-454 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley,
Minor, Pope-Ludlam, Miller. Nays: None. Absent: None.
PROTEST HEARING ASSESSMENT DISTRICT
HIGHLAND & ARDEN AREA - PROPOSED EXPANSION
& MAINTENANCE ASSESSMENT DISTRICT
NO. 990-
- SECURITY
(24)
This is the time and place set for a protest hearing for the
proposed expansion of Assessment District No. 990, the security
and maintenance assessment district in the Highland/Arden area.
In a memorandum dated November 16, 1992, Roger Hardgrave,
Director of Public Works/City Engineer, stated that on August 29,
1989, a resolution was adopted determining that the pUblic
convenience and necessity require the formation of a security and
maintenance assessment district in the Highland and Arden area.
The action came as a result of the majority of the property
owners at that time petitioning the City for the formation of
the district to deal with the high incidence of crime in the
area. That district has been in place now for three years.
Although the area continues to experience frequent incidence of
crime, the presence of security in the area has reduced the
frequency of such occurrences.
The area south of the existing district, specifically along
19th Street and Sunrise Lane (formerly Roca Street), has also
been subject to the same incidence of crime. Several of the
property owners in this area also desired to receive security
services, and on December 2, 1991, the Director of Public Works
was authorized and directed to proceed with expanding the
existing district to include the area south of 19th Street. The
time delay was due to the lack of sufficient property owner
support at that time.
It is intended that security to the expanded area be
handled by the same contractor providing the existing security.
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12/7 /92
The expansion of the current district to include this area would
result in a more efficient delivery of security services to this
area. The cost of the services will be recovered through
assessments. On November 2, 1992, a Resolution of Intention was
adopted which set a public hearing for December 7, 1992.
Notification of the hearing was given by publication, posting and
mailing of the Notice.
Mayor Holcomb opened the hearing.
Keith Reno, a resident of San Bernardino, CA, expressed
support for the assessment district; however, he expressed
concern that there have been some problems in the past with
getting broken lights repaired. He stated that in the past there
had been some discussion about having the City absorb some of the
administrative costs and questioned whether this was planned.
Roger Hardgrave, Director of Public Works/City Engineer,
stated that he was not aware of any discussion about the City
absorbing some of the administrative costs. He explained that
the assessment district is funding the additional lighting in the
alley and the security services. He stated that the City could
absorb some of the administrative costs which are approximately
$3,000. The majority of the $51,000 cost of the assessment
district is to fund the security services.
Council Member Miller made a motion, seconded by Council
Member Minor, that the protests, if any, be overruled, the
hearing be closed, and find and determine that public convenience
and necessity require the proposed expansion of scope and
boundaries of Assessment District No. 990, for security and
street lighting maintenance and energy costs, in the
Highland/Arden area, and that the Special Assessment,
Investigation and Limitation Act of 1931 shall not apply; and
that the City Engineer be directed to review administrative
costs. (Note: There was no vote taken at this time.)
Discussion ensued regarding whether the City would absorb
the assessment district's administrative costs of approximately
$3,000.
Council Member Hernandez made a substitute motion, seconded
by Council Member Reilly, and unanimously carried, that the
protests, if any, be overruled, and that the hearing be closed.
Council Member Minor made a motion, seconded by Council
Member pope-Ludlam, that it be found and determined that pUblic
convenience and necessity require the proposed expansion of scope
and boundaries of Assessment District No. 990, for security and
street lighting maintenance and energy costs, in the
Highland/Arden area, and that the Special Assessment,
Investigation and Limitation Act of 1931 shall not apply; and
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12/7 /92
that the City Engineer be directed to review administrative
costs.
The motion carried by the following vote: Ayes:
Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam,
Nays: Council Member Hernandez. Absent: None.
Council
Miller.
PUBLIC HEARING - TAXICAB RATES - REQUEST FOR INCREASE-
YELLOW CAB COMPANY (25)
This is the time and place set for a public hearing to
consider an increase in taxicab rates.
In a memorandum dated November 17, 1992, Lee Gagnon,
Business Registration Supervisor, City Clerk's Office, stated
that under Municipal Code section 5.76.200 the current taxicab
rate is $1.90 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 traffic delay charges
are $15.00 per hour respectively.
At the Bureau of Franchises meeting held on September 8,
1992, Mr. John Lightburn, representing Mr. Ted Parlas, Manager of
the Yellow Cab company, made a presentation and 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 $15.00
to $18.00 per hour for waiting time and traffic delay charges.
An increase of 300% in workers compensation insurance premiums
was cited as the primary reason for asking for the increase in
taxicab rates.
The Bureau of Franchises recommended that the Mayor and
Common Council approve the following taxicab rate increases: the
per mile charge from $1.40 to $1.80; and the waiting time and
traffic delay charges from $15.00 to $18.00 per hour
respectively.
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 the Mayor and Common Council approve the
increase in taxicab rates.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
At 10:27 a.m., Council Member Pope-Ludlam left the Council
meeting.
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12/7/92
PUBLIC HEARING IMPOSING LIENS
UNCOLLECTED BUSINESS REGISTRATION FEES
ON PROPERTY-
(26)
This is the time and place set for a public hearing to
consider imposing liens on real property located within the City
of San Bernardino for uncollected business registration fees for
the renting or leasing of dwelling units.
In a memorandum dated November 10, 1992, Rachel Clark, City
Clerk, requested authorization to impose liens on certain parcels
of property for uncollected business registration fees.
COUNCIL MEMBER ESTRADA EXCUSED
At 10:29 a.m., Council Member Estrada left the Council
meeting.
City Clerk Clark stated that the resolution should be
amended by deleting the following addresses: 4729 Windsor, 538
Holden, 1471 crestview, 2324 North "D" Street, and 180 Bryant.
Mayor Holcomb opened the hearing.
Ted Bair, 5718 North "D" street, San Bernardino, CA, who
owns property located at 5704 North "E" Street, San Bernardino,
CA, stated that the need for this business license had not been
adequately explained to him, and stated his opposition to paying
any late penalties.
RES. 92-455 - 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. (26)
Council Member Hernandez made a motion, seconded by Council
Member Minor, that the hearing be closed; and that said
resolution be adopted as amended by deleting the following
addresses: 4729 Windsor, 538 Holden, 1471 Crestview, 2324 North
"D" Street, and 180 Bryant which are paid; and that the lien on
property owned by Ted Bair located at 5704 North "E" Street be
continued to December 21, 1992, in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
Ayes:
Miller.
Ludlam.
Resolution No. 92-455 was adopted by the following vote:
Council Members Reilly, Hernandez, Maudsley, Minor,
Nays: None. Absent: Council Members Estrada, Pope-
14
12/7/92
RES. 92-456 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING
RESOLUTION NO. 6429 ENTITLED IN PART "A RESOLUTION . .
. ESTABLISHING A BASIC COMPENSATION PLAN FOR OFFICERS
AND/OR EMPLOYEES OF THE POLICE AND FIRE DEPARTMENTS . .
. "; AND PROVIDING INCENTIVE PAY FOR TRAINING DUTIES.
(Continued fro. November 16, 1992) (27)
RES. 92-457 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION NO. 6429 ENTITLED IN PART "A
RESOLUTION . . . ESTABLISHING A BASIC COMPENSATION PLAN
FOR OFFICERS AND/OR EMPLOYEES OF THE POLICE AND FIRE
DEPARTMENTS OF THE CITY OF SAN BERNARDINO. II (Continued
from November 16, 1992) (27)
Council Member Miller made a motion, seconded by Council
Member Hernandez, that said resolutions be adopted.
Resolution Nos. 92-456 and 92-457 were adopted by the
following vote: Ayes: Council Members Reilly, Hernandez,
Maudsley, Minor, Miller. Nays: None. Absent: Council Members
Estrada, pope-Ludlam.
CITY ATTORNEY PENMAN RETURNED
At 10:33 a.m., City Attorney Penman returned to the Council
meeting and replaced Senior Assistant City Attorney Barlow.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF AN INTER-JURISDICTIONAL DISCHARGE
AGREEMENT WITH THE CITY OF RIALTO RELATING TO DISCHARGE
OF WASTEWATER FROM THE CITY OF SAN BERNARDINO INTO
RIALTO'S SEWAGE COLLECTION SYSTEM. (Continued from
November 16, 1992) (28)
Council Member Minor made a motion, seconded by Council
Member Hernandez, and unanimously carried, that said resolution
authorizing the execution of an inter-jurisdictional discharge
agreement with the City of Rialto relating to discharge of
wastewater from the city of San Bernardino into Rialto's sewage
collection system, be continued to December 21, 1992, in the
Council Chambers of city Hall, 300 North "D" Street, San
Bernardino, California.
COUNCIL MEMBERS ESTRADA & POPE-LUDLAM RETURNED
Council Members Estrada and Pope-Ludlam returned to the
Council meeting and took their places at the council table.
GRAFFITI ABATEMENT PROGRAM - AUTHORIZE USE - COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDING - CONTINUED FROM
NOVEMBER 16, 1992 ( 29)
This is the time and place continued to for consideration of
15
12/7 /92
authorizing the utilization of Community Development Block Grant
(CDBG) funding for the City's graffiti abatement program.
In a memorandum dated November 20, 1992, Kenneth Henderson,
Executive Director, Economic Development Agency/Development
Department, stated that at the November 16, 1992, meeting of the
Mayor and Council, the city Administrator presented a report on a
comprehensive graffiti removal program. The report recommended
that the City explore ways to use more volunteers in
beautification efforts, and that a volunteer coordinator be
considered to recruit and organize volunteer efforts.
As a trial project, it was recommended that a volunteer
coordinator be hired on a short-term basis to coordinate a "Love
Your City" community pride day, and cleanup effort, which would
take place on or around Valentine's Day, 1993. In terms of cost
of the program, a preliminary budget has been estimated at
$24,600. Staff believes that it would be prudent to add a 15%
contingency figure to this amount, which comes to approximately
$3,700. The total budget would come to $28,300. There are ample
funds in the beautification account to supply this request.
It is recommended that Ms. Patricia Leathers be selected as
a volunteer coordinator for this event. Ms. Leathers is well
known in the community, both for her many years in customer
service with General Telephone and for her volunteer efforts with
charitable organizations. Ms. Leathers has demonstrated
outstanding capabilities in the management of human resources and
in the coordination of civic benefit activities.
Agency special counsel is currently researching whether any
special findings would need to be made in connection with this
project.
Shauna Clark, City Administrator,
regarding the graffiti abatement program
funding sources.
answered questions
recommendations and
The
to hire
times.
Council expressed concern regarding the recommendation
an additional employee during these tight budgetary
Mayor Holcomb urged the Council to support the graffiti
abatement program recommendations in an effort to win the battle
against blight. He explained that what is being proposed is a
pilot project that can be continued if successful or terminated
if not successful.
Council Member Minor made a motion, seconded by Council
Member Pope-Ludlam, that the Mayor and Common Council approve the
graffiti abatement program recommendations made by City
Administrator Shauna Clark in her memorandum dated November 9,
16
12/7/92
1992.
Jeff Wright, P.o. Box 2341, San Bernardino, CA, urged
everyone to actively participate in recycling.
Discussion ensued regarding the costs involved in
implementing the graffiti abatement program recommendations, and
whether other options should be considered in an effort to
reduce blight.
The motion
Members Reilly,
Members Estrada,
carried by the following vote:
Minor, Pope-Ludlam, Miller.
Hernandez, Maudsley. Absent:
Ayes:
Nays:
None.
Council
Council
SELECTION OF ALIGNMENT - ORANGE SHOW ROAD EXTENSION-
ARROWHEAD AVENUE TO TIPPECANOE AVENUE - CONTINUED FROM
NOVEMBER 16, 1992 (30)
This is the time and place continued to for consideration of
the selection of alignment for the extension of Orange Show Road,
from Arrowhead Avenue to Tippecanoe Avenue.
In a memorandum dated November 17,1992, Roger Hardgrave,
Director of Public Works/City Engineer, stated that at the Mayor
and Common Council meeting of November 16, 1992, the selection of
the Orange Show Road extension from Arrowhead Avenue to
Tippecanoe Avenue, was continued to the Mayor and Council
meeting of December 7, 1992, at the request of property owners
and residents of the area. The owners and residents made this
request due to their desire to be better informed about the
project. Apparently, the residents are concerned more over
issues such as environmental review, the process for development
of plans and design details, than selection of Alignment No. One.
Shauna Clark, city Administrator, recommended that a
substitute motion be adopted, to direct the Director of Public
Works to proceed with the alignment for the extension of Orange
Show Road, from Arrowhead Avenue to Tippecanoe Avenue, as
approved by the City of San Bernardino General Plan.
Discussion ensued regarding the need for a consensus of
support in the community for the selection of Alignment No. One.
The Council felt that the item should be continued to allow the
residents to meet with staff so that their concerns can be
addressed.
council Member Estrada made a motion, that the selection of
an alignment for the extension of orange Show Road from Arrowhead
Avenue to Tippecanoe Avenue, be continued to December 21, 1992,
so that another neighborhood meeting can be held to respond to
the residents' concerns.
17
12/7 /92
The motion failed for lack of a second.
City Attorney Penman stated that once an alignment has been
selected it will have to be reviewed by the Environmental Review
Committee who will decide if an environmental impact report is
needed.
willie Brue, 1063 South Lincoln, San Bernardino, CA,
requested that the selection of an alignment for the extension of
Orange Show Road from Arrowhead Avenue to Tippecanoe Avenue, be
continued to January 20, 1993, so that the residents can meet
with staff to have their concerns answered.
Council Member Estrada made a motion, that the selection of
an alignment for the extension of Orange Show Road from Arrowhead
Avenue to Tippecanoe Avenue, be continued to January 20, 1993, in
the Council Chambers of city Hall, 300 North "D" Street, San
Bernardino, California.
The motion failed for lack of a second.
Ms. Brue stated her agreement to continuing the selection of
an alignment for orange Show Road to December 21, 1992.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Estrada, and unanimously carried, that the
selection of an alignment for the extension of Orange Show Road
from Arrowhead Avenue to Tippecanoe Avenue, be continued to
December 21, 1992, and allow the item to be continued again if
necessary.
COUNCIL MEMBER ESTRADA EXCUSED
At 11:17 a.m., Council Member Estrada left the Council
meeting.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SUBSECTION C OF SECTION 10.16.180 OF THE SAN BERNARDINO
MUNICIPAL CODE PERMITTING THE ISSUANCE OF PREFERENTIAL
PARKING FOR CAR POOLING INCENTIVE. First (31)
Council Member Minor made a motion, seconded by Council
Member Miller, and unanimously carried, that said ordinance be
laid over for final adoption.
WAIVE FEES JAMES ELDER'S ALL AMERICAN
FOUNDATION - $236.25 - USE OF HERNANDEZ CENTER
YOUTH
(33)
In a memorandum dated November 24, 1992, Annie Ramos,
Director of Parks, Recreation and Community Service, stated that
the James Elder's All American Youth Foundation has requested a
waiver of fees for the use of Hernandez Center on December 26,
1992. The use of the Center will be for an anti-gang and drug
18
12/7 /92
rally featuring representatives from law
the DARE Bear, McGruff and the K-9 units.
include a basketball clinic and lunch.
enforcement including
The program will also
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 that
the event would be of unusual benefit to the residents of the
city. This use appears to qualify for exemption of fees.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Hernandez, that the request to waive fees for use
of Hernandez Center in the amount of $236.25, be approved.
The motion carried by the following vote: Ayes: Council
Members Reilly, Hernandez, Maudsley, Pope-Ludlam, Miller. Nays:
Council Member Minor. Absent: Council Member Estrada.
REQUEST TO PROVIDE HEAT FOR EMPLOYEES WORKING DURING
HOLIDAY CLOSURE OF CITY HALL (34)
In a memorandum dated November 19, 1992, James Penman, City
Attorney, stated that although many of the City offices will be
closed during the Christmas holidays, many cannot close due to
outside requirements such as providing emergency services or
being required to attend to the courts which will remain open.
Since city staff will remain in city Hall during the holiday
closure, it is necessary to provide a healthy and safe
environment in which they can work.
Failure to provide a healthful and safe environment can
result in workers' compensation liability to the City. During
December the temperature can get quite cold making working in an
office setting more than just uncomfortable. As a result, it is
requested that the Mayor and Council direct that heat be provided
to those offices that remain open for the benefit of the City
employees who must remain at their posts.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Hernandez, that the request to provide heat for
those employees working during the holiday closure of City Hall,
be referred to the City Administrator to be resolved
administratively.
The motion carried by the following vote: Ayes:
Members Hernandez, Maudsley, Minor, Pope-Ludlam, Miller.
council Member Reilly. Absent: Council Member Estrada.
Council
Nays:
RECESS MEETING
At 11:23 a.m., Mayor Holcomb declared a five-minute recess.
19
12/7 /92
RECONVENE MEETING
At 11:29 a.m., the regular meeting of the Mayor and Common
Council reconvened in the Council Chambers of City Hall, 300
North "D" street, San Bernardino, California.
ROLL CALL
Roll call was taken by Deputy City Clerk Vale with the
following being present: Mayor Holcomb; Council Members Reilly,
Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; senior Assistant
City Attorney Barlow, Deputy City Clerk Vale. Absent: Council
Member Estrada; City Administrator Shauna Clark.
COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING
At 11:29 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.
REPLACE STREET NAME SIGNS - RIALTO AVENUE & TIPPECANOE
AVENUE - ADVERTISE FOR BIDS (R-3)
In a memorandum dated November 5, 1992, Roger Hardgrave,
Director of Public Works/City Engineer, stated that plans for the
replacement of street name signs on Rialto Avenue, in the area
east of Tippecanoe Avenue, and north of Route I-10, have been
prepared and the project is ready to be advertised for bids.
The estimated total project cost is $27,500.
Council Member Minor made a motion, seconded by Council
Member Miller, and unanimously carried, that the plans for
replacing the street name signs on Rialto Avenue, from Route I-
215 to Tamarisk Avenue, and the area east of Tippecanoe Avenue
and north of Route I-10, in accordance with Plan No. 8718, be
approved; and the Director of Public Works/city Engineer be
authorized to advertise for bids.
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PUBLIC HEARING
- MID-YEAR FY 1992/93 - SET HEARING (R-7)
In a memorandum dated December 2, 1992, Kenneth Henderson,
Executive Director, Economic Development Agency/Development
Department, stated that historically the city has conducted
Community Development Block Grant (CDBG) public hearings relative
to the allocation of funds in the month of June. From time to
time mid-year CDBG reviews, subsequent to June and prior to
award of the next grant, have been conducted for various reasons.
Such is the purpose of this agenda item.
currently, there are sufficient funds in
Appropriated Reserve to underwrite the proposed
Pursuant to the Department of Housing and Urban
regulations, it is prudent that the City obligate
the CDBG
projects.
Development
its existing
20
12/7/92
funds expeditiously and that the implementing city departments
carry out approved projects quickly and effectively. The mid-
year review enables this, and facilitates timely project
implementation in areas and activities needed.
Federal regulations require a citizens' review and a Council
public hearing prior to consideration, discussion and approval of
newly proposed CDBG-funded projects. Pursuant to this, the
Community Development citizen Advisory Committee (CDCAC) reviewed
all funding requests and recommended the Council approve the
projects submitted.
A majority of the projects propose the repair or renovation
of city-owned community facilities. The Centers have been
identified as needing varying degrees of renovation or repair.
The work includes such items as bathrooms, replacement of
asphalt, installation or upgrading of exterior lighting, and
gymnasium and building flooring. The community recreation and
senior centers are utilized by San Bernardino residents,
particularly those in the low to moderate categories.
Council Member Minor made a motion, seconded by Council
Member Miller, and unanimously carried, that the Mayor and Common
Council schedule December 21, 1992, at 11:00 a.m., within the
city Council Chambers for the Mid-Year FY 1992/93 Community
Development Block Grant (CDBG) public hearing to listen to
citizens comments, and take action as deemed appropriate relative
to various requests for funding.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 8.90 OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO MOBILE HOME PARK RENT STABILIZATION.
First (R-5)
The Council
rent increases are
in the ordinance.
expressed concern regarding how mobile home
determined, and the appeal process as outlined
Council Member Hernandez made a motion, that the ordinance
amending Chapter 8.90 of the San Bernardino Municipal Code
relating to mobile home park rent stabilization, be continued to
a later date.
The motion failed for lack of a second.
CITY CLERK RACHEL CLARK RETURNED
City Clerk Rachel Clark returned to the Council meeting and
replaced Deputy City Clerk Vale.
Kenneth Henderson, Executive Director,
Agency/Development Department, answered
Council regarding the proposed ordinance.
Economic Development
questions from the
21
12/7 /92
council Member Hernandez made a motion, seconded by Council
Member Pope-Ludlam, and unanimously carried, that the ordinance
amending Chapter 8.90 of the San Bernardino Municipal Code
relating to mobile home park rent stabilization, be referred to
the Housing Committee.
~
PUBLIC HEARING -
STRATEGY (CHAS)
ANNUAL PLAN
COMPREHENSIVE HOUSING AFFORDABILITY
1992 PERFORMANCE REPORT 1993
(R-8)
This is the time and place set for a public hearing to
consider the Comprehensive Housing Affordability Strategy (CHAS)
1992 Performance Report and 1993 Annual Plan.
In a memorandum dated December 1, 1992, Kenneth Henderson,
Executive Director, Economic Development Agency/Development
Department, stated that to comply with Department of Housing and
Urban Development (HUD) regulations, the city of San Bernardino
must now prepare the following two reports: The Annual
Performance Report which addresses the City's performance in
complying with specific priorities established in the FY 1992
Comprehensive Housing Affordability Strategy (CHAS); and The
Annual Plan which outlines the city's Comprehensive strategy for
expending available resources, and for establishing FY 1993
programs and activities to address identified goals contained
within the CHAS.
The Development Department views these requirements as an
opportunity to reassess the City's housing needs and the
particular priorities, programs, and resources which would best
meet the affordable housing challenges of the community.
The Fiscal Year 1992 Annual Performance Report is comprised
of four main components including: resources available within
the jurisdiction; investment of available resources; households
and persons assisted; and other action taken. The Fiscal Year
1993 Annual Plan includes: a summary of the CHAS development
process; implementation strategy; and other actions taken.
Staff has taken advantage of this opportunity to review
current strategies and goals adopted by the Mayor and Council and
Community Development Commission. This review has revealed many
accomplishments and provided a platform to showcase the new
"Neighborhood Spirit" and Housing Development Programs. HUD
regulations require that a revised CHAS be completed for 1993.
To accomplish this, staff will once again be re-assessing the
goals and objectives of the Housing Element, the CHAS, and the
community Development Commission to assure they perform in
harmony. The new CHAS will also contain information from the
1990 Census, as well as various housing studies scheduled for
completion during 1993.
22
12/7/92
Mayor Holcomb opened the hearing.
council Member Maudsley made a motion, seconded by Council
Member Miller, and unanimously carried, that the Mayor and Common
Council approve the attached Comprehensive Housing Affordability
strategy 1992 Performance Report and 1993 Annual Plan.
CITY ATTORNEY PENMAN RETURNED
At 12:15 p.m., City Attorney Penman returned the Council
meeting and replaced Senior Assistant City Attorney Barlow.
POLICE FACILITY
(32 (, R-14)
The Council expressed concern that all of the discussions
relating to the new Central Police station were not being held in
open session and urged that the luncheon workshop be videotaped
for replay on television at a later date to allow the pUblic
access to the all of the pertinent information.
Mayor Holcomb explained that when the Council reconvenes
after the luncheon workshop a presentation will be made outlining
all of the information presented during the luncheon workshop for
the pUblic's information.
RECESS MEETING
At 12:18 p.m., the regular meeting of the Mayor and Common
Council recessed to a luncheon workshop in the Management
Information Center, (MIC Room), sixth Floor, city Hall, 300 North
"D" Street, San Bernardino, California, to discuss the new
central pOlice station.
RECONVENE MEETING - LUNCHEON WORKSHOP
At 12:42 p.m., the regular meeting of the Mayor and Common
council reconvened in the Management Information Center, (MIC
Room), Sixth Floor, City Hall, 300 North liD II street, San
Bernardino, California, to discuss the new central pOlice
station.
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 Barlow, City Clerk Rachel Clark, City
Administrator Shauna Clark. Absent: None.
Also present: Fred Wilson, Assistant City Administrator;
Chief Robbins, San Bernardino Police Department; Tim steinhaus,
Agency Administrator, Kenneth Henderson, Executive Director,
Development Department, and James Sharp, Project Manager,
Development Department, Economic Development Agency; Senior
Assistant city Attorney Morillo; Donald Keck, and Charles Howard,
Leach Mounce Architects.
23
12/7 /92
NEW POLICE FACILITY - CONTINUED FROM NOVEMBER 16, 1992
(32 (, R-14)
This is the time and place continued to for discussion of
the potential development of a new central police station.
In a memorandum dated December 2, 1992, Kenneth Henderson,
Executive Director, Economic Development Agency/Development
Department, stated that in an effort to understand the
development of the new police facility, staff has reviewed the
site plan alternatives, analyzed both the past and present need
studies generated by outside consultants and the Police
Department, and evaluated the highest and best use of existing
structures and the development of alternate site plans. The
fOllowing information is formatted in a manner to convey
information which illustrates the progress made to date, and
addresses those issues identified by the Community Development
Commission at the November 16, 1992 meeting.
In June 1988, the Police Department, in conjunction with a
consultant, presented a preliminary draft document containing
projections and analyses of current and future space needs. The
document was voluminous and based upon historical, empirical and
hypothetical data. The study integrated data from 1983 and
extrapolated information to the year 2030, a total of some 48
years.
From these assumptions and hypotheses, staffing requirements
were created which were then translated into function charts and
interpretations of space needed. The following is a summary of
those space demands:
Year
Total Sauare Footaae Reauired
1987
1990
2010
77,128 SF
85,187 SF
109,956 SF
In September 1988, a follow-up report entitled "Review
Meeting Agenda" was prepared to analyze the information presented
in the previous preliminary space requirement database. This
second document analyzed three different sites and studied one
hypothetical plan.
In the fall of 1991, the City Administrator's office, in
conjunction with the city PUblic Works Department, contracted
with Archetype International, an architectural firm in Irvine,
california, to analyze the existing and current space
requirements for the Police Department operations. A Request for
Qualifications (RFQ) was produced to solicit a professional
architectural firm to develop space requirements and construction
documents relative to the adaptive reuse of the two buildings
24
12/7/92
located at 701 North "E" street. Many architectural firms were
interviewed by a committee comprised of the City Administrator's
Office, the City Public Works and Police Departments. The result
of those interviews was the awarding of the contract to a firm
with significant professional depth and knowledge in the
development of such facilities. Leach Mounce Architects of
Glendale, california was awarded the contract and instructed to
proceed.
The primary task of the architect was to interpret and
design the following: review and classify the previous studies
relative to the demand requirements of the individual police
operation functions; quantify use requirements into square
footage and operational requirements; interpret and evaluate the
existing conditions and facilities of both Building A and
Building B at the location; and design the adaptive reuse
configurations to accommodate the Police Department needs.
In the course of developing a realistic scenario for the
staffing of department needs and defining the future growth of
the department, staff and the architect determined the following
square footage requirements as realistic goals for the future
development.
Year
Sauare Footaae Reauired
1992 (current need)
1996
2001
2006
2011
55,000 SF
57,000 SF
59,200 SF
61,700 SF
64,600 SF
The primary assumption of the square footage required was
based on the realistic interpretation of the city's ability to
fund new positions within the Police Department, which dictates
additional office space requirements. Said increases were based
upon a one percent growth in staffing capability, which is the
equivalent of four to five additional positions annually. It is
the consensus of staff and the architect that the new space
requirements are less subjective and more conclusive in today's
environment than the previous two studies.
To understand the progression of the development of the
Seventh and II E" Street site, a visual presentation was made
regarding Scenario c. In an effort to maximize and create the
highest and best use of the entire site, staff and the architect
designed the various elements for an entirely new development.
The primary component is the creation of a mixed use site plan
that would be created by the segregation of Building A from the
site as an independent use; the remaining portion of the site
would be developed in its entirety with a completely new Police
facility. The major components of the Scenario C plan are as
25
12/7 /92
follows:
1. The proposed site plan is comprised of three components:
development of Building A to maximize its commercial value in a
sale and/or lease to a second party outside the City; design and
development of a new 70,000 square foot structure to accommodate
the Police Department needs; and low cost development of Building
B for the "non-essential" use as long-term storage of documents
generated by the Police Department operations;
2. The abandonment of the entire Seventh Street and
"rights-of-way" between "D" and "E" Streets: increase the site
area for the development of the maximum amount of parking; a
total of 219 parking spaces for Building A and 410 parking spaces
for the proposed facility; create a traffic flow around the east
side of Building A which would enhance the future potential uses;
and increase the security of the site by lessening the traffic
flow from three streets to one; and
3. The construction of a new Class 5 two-story 70,000
square foot police facility. By constructing a new facility, the
design of the floor plan would have a higher floor efficiency of
common areas to office space, thereby creating more usable space
per square foot of construction dollars invested. By creating
high floor efficiencies, the new design would be able to
accommodate the longer term future expansion requirements than
the existing facility, approximately ten years of future growth,
at no extra cost. By using new construction, there is no need to
do seismic and essential services compliance work in addition to
the base building work; therefore, the total development cost is
reduced. By creating a new design and understanding what the
future needs are, the new design would more adequately reflect
future expansion requirements. wi th the development of a new
facility, it would be necessary to comply with all 1992 building
codes relative to energy conservation, lighting, and air
conditioning systems. By using state-of-the-art equipment, the
operating overhead costs would be significantly reduced. By
proceeding in a fast-track manner for the design, development
and construction of a new facility, the City could potentially
take advantage of the dramatic reduction of construction costs
relative to labor and materials.
Staff requested that the Council review the presentation
and recommendation report, and approve the current site plan
Scenario C so that the development team may proceed.
Discussion ensued regarding the positive and negative
aspects of Scenario C and the associated construction costs.
CITY ATTORNEY PENMAN ARRIVED
At 12:54 p.m., City Attorney Penman arrived at the luncheon
workshop.
26
12/7 /92
CITY ATTORNEY PENMAN EXCUSED
At 12:57 p.m., City Attorney Penman left
workshop and was replaced by Senior Assistant
Morillo.
the
City
luncheon
Attorney
COUNCIL MEMBERS ESTRADA, POPE-LUDLAM & MILLER EXCUSED
Council Members Estrada, Pope-Ludlam and Miller left the
luncheon workshop.
A discussion was held regarding other options for site
configuration in order to minimize the costs of construction.
Mr. Donald Keck and Mr. Charles Howard, Leach Mounce
Architects, answered questions from the Council regarding the
positive and negative aspects, and related cost, of Scenario C.
There was no action taken during this luncheon workshop.
RECESS MEETING
At 1:52 p.m., the luncheon workshop was recessed to 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.
RECONVENE MEETING
At 2: 00 p. m., Mayor Holcomb called the regular meeting of
the Mayor and Common Council to order in the Council Chambers of
City Hall, 300 North "D" street, San Bernardino, California.
ROLL CALL
Roll call was taken by Deputy City Clerk Vale with the
following being present: Mayor Holcomb; Council Members Reilly,
Hernandez, Maudsley, Minor, Miller; Senior Assistant City
Attorney Morillo, Deputy City Clerk Vale. Absent: Council
Members Estrada, Pope-Ludlam.
NEW POLICE FACILITY - CONTINUED FROM NOVEMBER 16, 1992
(32 (, R-14)
This is the time and place continued to for discussion of
the proposed development of a new central police station.
Mayor Holcomb explained that during the luncheon workshop a
conceptual plan was presented for the new Central Police station
to be located on the property north of 7th Street between "D" and
"E" Streets. He stated that at this time the architects, Leach
Mounce Architects, would present an overview of the project.
In a letter dated December 7, 1992, Mr. Douglas M. Nelson,
R.A., Vice President, Leach Mounce Architects, 3436 N. Verdugo
Road, Glendale, CA, stated that Leach Mounce Architects was
27
12/7 /92
pleased to present the preliminary schematic site plan for the
new Central Police station which incorporates a state of the art
approach to police facility design.
Pursuant to recent police facility workshops and the
development of new site plan alternatives, it is evident that the
new 70,000 square foot, Scenario C site plan affords the highest
and best use of the Seventh and "D" Street site for the following
reasons:
Access to the site is provided at three points, with a new
parking layout that provides efficient vehicle circulation and
maximum number of parking spaces. There is potential enhancement
of the "D" Street streetscape through the placement of the new
building. By providing an entry courtyard, a transition from the
street to the building has been created. The design approach to
the new 70,000 square foot building focuses on reducing
construction costs, optimizing functional efficiency, and
creating an opportunity for an attractive police facility.
Significant cost savings would be realized with the use of tilt-
up precast concrete construction. This structural approach would
afford long term flexibility in the use of interior space.
Compared to earlier remodeling schemes, the construction of a new
building provides significant long term savings in operation
costs due to energy efficient building design and state-of-the-
art mechanical and electrical systems. Proceeding with Scenario
C site design would enable the development of a facility which
would serve and represent the City well for many years.
Mr. Charles Howard, Leach Mounce Architects, explained the
positive aspects of Scenario C, and related construction costs.
Mr. Howard answered questions regarding Scenario C.
COUNCIL MEMBERS ESTRADA & POPE-LUDLAM RETURNED
At 2:04 p.m., Council Members Estrada and Pope-LUdlam
returned to the Council meeting and took their places at the
Council table.
CITY ATTORNEY PENMAN RETURNED
At 2:04 p.m., city Attorney Penman returned to the Council
meeting and replaced Senior Assistant city Attorney Morillo.
James Sharp, Project Manager, Economic Development
Agency /Development Department, answered questions regarding the
advantages Scenario C provides over the previously presented
plans.
CITY CLERK RACHEL CLARK RETURNED
city Clerk Rachel Clark returned to the Council meeting and
replaced Deputy city Clerk Vale.
Chief Robbins explained that Scenario C presented advantages
28
12/7 /92
for the department, such as an increase in parking spaces and
available working space for employees.
COUNCIL MEMBER ESTRADA EXCUSED
At 2:13 p.m., Council Member Estrada left the Council
meeting.
council Member Minor made a motion, seconded by Council
Member Pope-Ludlam, that the Community Development Commission
authorize the police facility development team to proceed with
the continued development and refinement of Scenario C to
determine the final proposed site plan, development costs and
method of financing. (Note: There was no vote taken at this
time.) (See page 32)
Discussion continued regarding the positive and negative
aspects of Scenario C, and related construction costs.
CITY ATTORNEY PENMAN EXCUSED
At 2:18 P.M., city Attorney Penman left the Council meeting
and was replaced by Senior Assistant City Attorney Barlow.
The Council discussed financing options, and what the best
method would be for financing the proposed construction of the
new police station as outlined in scenario C.
Mr. Howard felt that the buildings proposed
would serve the Police department's needs for
twenty years.
in scenario C
approximately
Kenneth Henderson, Executive Director, Economic Development
Agency/Development Department, stated that the approximate cost
of constructing Scenario C would be approximately $7 million,
with the preparation of plans and specifications being
approximately 6 to 7% of that amount, or approximately $500,000.
Discussion continued regarding the Scenario C site
configuration as proposed.
The Council felt that until the financing plan could be
finalized any further discussion of Scenario C would be academic.
Mayor Holcomb explained that there was a potential buyer
interested in Building A, which could be one aspect of the
financing plan.
COUNCIL MEMBER ESTRADA RETURNED
At 2:27 p.m., Council Member Estrada
meeting and took her place at the council
returned to the Council
table.
29
12/7 /92
Council Member Estrada made a motion, seconded by Council
Member Pope-Ludlam, and unanimously carried, that the Mayor and
Common Council recess into closed session to discuss the
potential buyer for the Building A.
RECESS MEETING - CLOSED SESSION
At 2:52 p.m., the Mayor and Common Council and
Development Commission recessed to closed session
following:
community
for the
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:
CLOSED SESSION
At 2:52 p.m., Mayor Holcomb called the closed session to
order in the conference room of the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken 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 Barlow, city Clerk Rachel Clark. Absent:
City Administrator Shauna Clark.
COUNCIL MEMBER
At 3:03 p.m.,
session.
POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the closed
ADJOURN CLOSED SESSION
At 3: 09 p.m., the closed session adjourned to the regular
meeting of the Mayor and Common Council of the City of San
Bernardino.
RECONVENE MEETING
At 3:09 p.m., Mayor Holcomb reconvened the regular meeting
of the Mayor and Common Council of the City of San Bernardino in
the Council Chambers of city Hall, 300 North liD II 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 Barlow, City Clerk Rachel Clark. Absent:
City Administrator Shauna Clark.
30
12/7 /92
NEW POLICE FACILITY - REQUEST TO SPEAK - JIM ROCK,
ROCK ENTERPRISES - SAM HENLEY, SAN BERNARDINO VALLEY
ASSOCIATION OF REALTORS - CONTINUED FROM NOVEMBER 16,
1992 (32 (, R-14)
This is the time and place continued to for consideration of
the proposed construction of a new central police station.
In a letter dated November 24, 1992, Jim Rock, owner of Rock
Enterprises, 27189 5th street, Highland, CA, requested to speak
at the December 7, 1992, Mayor and Council meeting to discuss the
development and site planning of the property known as the
Pacific Federal Savings & Loan property located at 701 North "E"
street.
In a letter dated December 1, 1992, Sam Henley , Executive
Officer, San Bernardino Valley Association of Realtors, 1798
North "D" Street, San Bernardino, CA, stated that the San
Bernardino Valley Association of Realtors Board of Directors has
made a decision to remain at its present location for the next
three to five years. The Association owns the two-story
residence adjacent to its parking lot, located at 423 West 18th
Street, and uses the building for storage purposes. Parking is
needed for its members, so a decision was made to sell the
building in order for it to be relocated and free-up the land for
parking. The Board of Directors approved the sale of the
building to Mr. James Rock, Rock Enterprises, contingent upon Mr.
Rock being successful in Obtaining a suitable site for the
building, and the Association being successful in Obtaining
approval of the expansion of its present parking lot onto the
vacated property.
A telephone call was received from Gary Kirby, 1505 Yardley,
San Bernardino, CA, stating that all discussions regarding the
potential construction of the new police facility should be
conducted in open session and not in closed session.
Jim Rock, Rock Enterprises, 784 North II E" Street, San
Bernardino, CA, spoke in support of preserving historical
structures. He proposed establishing a historical business
park/district that would be an asset for redevelopment of the
downtown area by alleviating blight, and generating revenues by
stimulating growth. He stated that he is considering renovating
the Klein House located at 348 West 8th Street. He explained
that the General Plan mandates that all City-owned properties
containing or adjacent to historic resources must be maintained
in a manner that is aesthetically and functionally compatible
with such resources; that the design and placement and scale of
that buildings be compatible with adjacent buildings of
historical significance; and that the existing character of
spaces and set back be emulated to retain the ambient rhythm of
the streetscape. He stated that he did not feel that the
31
12/7 /92
buildings proposed in Scenario C comply with these General Plan
requirements.
council Member Minor made a motion, seconded by Council
Member Pope-Ludlam, that the Community Development Commission
authorize the police facility development team to proceed with
the continued development and refinement of Scenario C to
determine the final proposed site plan, development costs and
method of financing; that the site plan be approved as
presented; and that the architectural firm of Leach Mounce
Architects be authorized to proceed. (Note: This motion was
made earlier in the meeting, however, it was not voted upon at
that time.) (See page29 )
The motion
Members Reilly,
Members Estrada,
carried by the following votes: Ayes:
Maudsley, Minor, Pope-Ludlam. Nays:
Hernandez, Miller. Absent: None.
Council
Council
CITY CLERK RACHEL CLARK EXCUSED
At 3:33 p.m., City Clerk Rachel Clark left the Council
meeting and was replaced by Deputy city Clerk Vale.
DOWNTOWN MAIN STREET PROGRAM - RESTRUCTURING
(R-12)
In a memorandum dated December 2, 1992, Timothy Steinhaus,
Agency Administrator, Economic Development Agency, stated that on
September 21, 1992, the Community Development Commission
authorized certain actions in connection with the restructuring
of the Main Street Program.
On November 6, 1992, the current Main street Board of
Directors adopted a resolution approving an amendment to the
existing by-laws which provide for the Mayor and Common Council
to act as the Board of Directors for the San Bernardino Downtown
Main street, Inc. The Board of Directors shall consist of seven
voting directors, and a non-voting Chairman.
The Officers of the Corporation shall be a Chairman, a Vice
Chairman, a Secretary, and a Chief Financial Officer/Treasurer.
The Mayor shall serve as the non-voting Chairman. It is
recommended that a vice Chairman be elected at this time. Other
assigned officers of the Corporation shall be the Economic
Development Agency's Administrative Services Manager to serve as
the Chief Financial Officer/Treasurer; and the Executive Director
of Main Street to serve as Secretary.
The effective date of the reorganization will be January 1,
1993, and at the first Council meeting in January 1993, the
Mayor and Common Council, acting as the Main Street Board of
Directors, will vote on a resolution changing the authorized
signatures on the Main Street checking and savings accounts. The
existing Main Street Board of Directors approved the Amended and
32
12/7 /92
Restated By-Laws to take effect when the Mayor and Common Council
have accepted their positions as Board Members. Although the
Mayor and Common Council will adopt the resolutions on December
7, 1992, the actions will be effective January 1,1993. The
amended by-laws address the creation of the Main street Advisory
Board which shall be in accordance with the existing ordinance
relative to boards, bureaus and commissions. The Main street
Advisory Board members shall be responsible for making
recommendations relative to the development of the downtown area;
encouraging economic viability; encouraging the proper mix of
residential and commercial uses for properties; generation of
property tax and sales tax revenues; and eliminating the
migration of businesses from the downtown area.
The Advisory Board shall consist of nine members to be
nominated by the Mayor and Council. The Mayor shall nominate two
representatives and each Council Member shall nominate one
representative to serve on the Main street Advisory Board. Each
nominee should have a direct interest in the downtown area,
either as a property/business owner or tenant, or common interest
as a downtown business representative or employee. The following
individuals have been nominated to serve on the Main street
Advisory Board. These persons will serve on an interim Advisory
Board until such time as the ordinance becomes effective. There
will be subsequent Council action to officially appoint the
permanent Main street Advisory Board.
Mayor's Appointments:
First Ward Appointment:
Second Ward Appointment:
Third Ward Appointment:
Fourth Ward Appointment:
Fifth Ward Appointment:
sixth Ward Appointment:
Seventh Ward Appointment:
Frank Schnetz, Dr. Fred Curlin
Jerry Casillas
Bill Lemann
Susan Shyo-in Johnston
Jan Cox
Conrad Knowles
Wallace Green
Jim Robbins
Staff has reviewed Main street's original proposed FY
1992/93 budget of $617,019, with Ann Harris, Executive Director,
and the current Main street Board of Directors. It has been
determined that certain proposed administrative changes would
result in substantial cost savings; therefore, staff has revised
the proposed budget to $429,398. Many of Main street's
projected expenditures for FY 1992/93 will now fall within the
line items previously budgeted by the Agency; therefore, certain
budgeted line items for Main street are illustrated as deductions
from the Agency budget.
On October 27, 1992, a salary survey of the Main street
Executive Director position was completed by Comp Plus. The
review was initiated to determine the market rate for the
position and develop a recommended salary. Based upon the
findings of the survey, the salary of the Main street Executive
33
12/7 /92
Director has been established at $4,931 to $5,994 a month. In
accordance with this determination, the revised budget reflects
the highest end of the range at $5,994 per month, or the II E"
step. In addition, it is necessary to amend the current policy
for automobile allowance to incorporate the Main street Executive
Director, and the current staffing of the Agency. Pursuant to
discussions with the Main street Executive Director, the
remaining positions have been incorporated to existing salary
ranges previously established by the Commission.
Due to the uncertainty of Main street's relocation to the
EDA office building, it is requested that an allocation of an
amount not to exceed $10,000 be authorized to cover those costs
associated with the transition such as rent, utilities and moving
expenses.
Tim Steinhaus, Agency Administrator, Economic Development
Agency, answered questions regarding the restructuring of Main
street.
Discussion ensued regarding Main street's budget and how it
would be impacted by this reorganization.
COUNCIL MEMBER ESTRADA EXCUSED
At 3:33 p.m., Council Member Estrada left the Council
meeting.
MAYOR HOLCOMB EXCUSED
At 3:34 p.m., Mayor Holcomb left the Council meeting and the
duties of Mayor Pro Tem were assumed by Council Member Reilly.
The Council discussed whether Main street would relocate
into the City Hall Annex.
Council Member Hernandez made a motion, seconded by Council
Member Minor, to appoint Council Member Reilly as the Vice-
Chairman. (Note: There was no vote taken at this item.)
RES. 92-458 - A RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
DELEGATING TO THE ECONOMIC DEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO CERTAIN POWERS AND AUTHORITY IN
CONNECTION WITH THE REORGANIZATION, MANAGEMENT AND
OPERATION OF SAN BERNARDINO DOWNTOWN MAIN STREET, INC.
(R-12)
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
CHAPTER 2.41 TO THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO THE MAIN STREET ADVISORY BOARD OF SAN
BERNARDINO DOWNTOWN MAIN STREET, INC. First (R-12)
34
12/7 /92
council Member Minor made a substitute motion, seconded by
Council Member Hernandez, that the Mayor and Common Council
establish that the Vice-Chairman of the Board of Directors of
Main street be designated in the same manner as Mayor Pro Tem is,
in that the Vice-Chairman of the Main street Board of Directors
would rotate to be a different Council Member each month, and to
adopt said resolution; that said ordinance be laid over for final
adoption; and that the Mayor and Common Council move to appoint
Frank Schnetz, Dr. Fred Curlin, Jerry Casillas, Bill Lemann,
Susan Shyo-in Johnston, Jan Cox, Conrad Knowles, Wallace Green,
and Jim Robbins to serve as the Interim Main street Advisory
Board until such time as a permanent Advisory Board can be
appointed pursuant to the new San Bernardino Municipal Code
Chapter 2.41.
The motion carried by the following vote: Ayes:
Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam,
Nays: None. Absent: Council Member Estrada.
Council
Miller.
PUBLIC HEARING DEVELOPMENT AGREEMENT NO.
INLAND CENTER MALL PHASED EXPANSION
CONTINUED FROM NOVEMBER 2, 1992
91-01-
PROJECT-
(35)
This is the time and place continued to for a public hearing
to consider 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.
In a memorandum dated November 30, 1992, Al Boughey,
Director of Planning and Building services, stated that at the
meeting of October 19, 1992, Marlene Fox, representing the
Carousel Mall Merchants Association, raised several issues
regarding the environmental review process, the preparation of a
negative declaration versus an environmental impact report; the
public review and input process; and economic impact. Staff
responded to the general concerns raised by Ms. Fox, and Tom
Dodson of Tom Dodson and Associates, the environmental consultant
for this project, addressed environmental concerns.
The Environmental Review Committee reviewed the initial
study and recommended that a mitigated negative declaration be
prepared. The proposed negative declaration was submitted to the
State Clearinghouse for review since it met CEQA criteria for
potential regional significance. On June 18, 1992, the
Environmental Review Committee recommended adoption of the
mitigation monitoring/reporting program. The Planning
Commission considered Development Agreement No. 91-01 and
recommended adoption of the mitigated negative declaration,
adoption of the mitigation monitoring/reporting program and
approval of Development Agreement No. 91-01.
35
12/7/92
Mayor Pro Tem Reilly opened the hearing.
In a letter dated December 3, 1992, Mark Ostoich, from
Gresham, Varner, Savage, Nolan & Tilden, 600 North Arrowhead
Avenue, suite #300, San Bernardino, Ca, requested a continuance
of the item to December 21, 1992.
Marlene Fox, attorney-at-law, 2031 Orange Wood Drive, Santa
Ana Heights, CA, representing the Carousel Mall Merchants
Association, requested that the item be continued to January 11,
1993.
Ken Topping, representing Inland Center Mall, requested that
the item be continued to December 21, 1992, and stated that
Inland Center Mall was making every effort to resolve the
concerns of the Carousel Mall Merchants Association in a timely
manner.
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).
(continued fro. November 2, 1992) (35)
Council Member Minor made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the public
hearing for Development Agreement No. 91-01, to govern the
development of a phased expansion project at the Inland Center
Mall, be continued to January 11, 1993, in the Council Chambers
of City Hall, 300 North "D" street, San Bernardino, California.
PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 92-10-
RESIDENTIAL PARCEL MAP (FOUR OR FEWER PARCELS CITYWIDE)
IMPROVEMENTS - CHANGE REQUIREMENTS (36)
This is the time and place set for a public hearing to
consider Development Code Amendment No. 92-10 that would change
the requirements for residential parcel maps with four or fewer
parcels citywide.
In a memorandum dated November 12, 1992, Al Boughey,
Director of Planning and Building Services, stated that the key
points of Development Code Amendment No. 92-10 provide that final
parcel maps without an improvement agreement could be reviewed by
the City Engineer and do not require review by the Council; the
posting of improvement security for parcel maps creating four or
fewer residential parcels should be deferred until time of
performance, instead of prior to performance; and that requiring
owner/builders of four or fewer parcels to post proof of
insurance imposes an undue burden, as it was intended for large
subdivisions of five or more lots. This amendment is not
36
12/7 /92
subject to CEQA, pursuant to Section 15061(b)(3), because it can
be determined with certainty that no possibility exists for this
amendment to have a significant effect on the environment. The
Planning Commission recommended approval of Development Code
Amendment No. 92-10.
CITY ATTORNEY PENMAN EXCUSED
At 3:55 p.m., City Attorney Penman left the Council meeting
and was replaced by Deputy city Attorney Empeno.
COUNCIL MEMBERS HERNANDEZ & POPE-LUDLAM EXCUSED
At 3:56 p.m., Council Members Hernandez and Pope-Ludlam left
the Council meeting.
Mayor Pro Tem Reilly opened the hearing.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTIONS 19.02.040(6) (A), 19.30.230(2) (A),
19.30.230(2) (B) (4) AND 19.48.060(11) OF THE SAN
BERNARDINO MUNICIPAL (DEVELOPMENT) CODE PERTAINING TO
THE REQUIREMENTS FOR RESIDENTIAL PARCEL MAPS.
First (36)
Council Member Maudsley made a motion, seconded by Council
Member Miller, that the hearing be closed; and that said
ordinance be laid over for final adoption. (Note: There was no
vote taken at this time.)
Council Member Minor made a substitute motion, seconded by
Council Member Reilly, and unanimously carried, that the hearing
be closed; and that said ordinance be laid over for final
adoption.
APPEAL - DENIAL - VARIANCE NO.
FOOT, 45 FOOT HIGH DOUBLE POLE
STREET
92-20 - 137.5 SQUARE
SIGN - 950 SOUTH "E"
(37)
This is the time and place set for an appeal of the Planning
commission's denial of Variance No. 92-20. The applicant
requested a variance to Development Code Sections 19.22.060 and
19.22.150 to allow an 80 square foot roof sign; a 115.5 square
foot, 25 foot high, freestanding single pole sign; and a 137.5
square foot, 45 foot high, freestanding double pole sign in
conjunction with an existing fast-food restaurant in the CG-1
land use zoning district on property located at 950 South "E"
Street.
In a memorandum dated November 19, 1992, Al Boughey,
Director of planning and Building Services, stated that the
Planning Commission approved a portion of the variance for the
roof sign and the 25 foot high, single pole sign; but denied
that portion of the variance for the 45 foot high double pole
37
12/7 /92
sign. The Planning Commission denied the variance for the 45
foot high double pole sign in the southwest corner of the site
noting that it would constitute a special privilege to approve
the sign as there was nothing unique or unusual about the
building or the site to justify its approval.
The applicant contends that the requested signs were
originally approved for a "Burger King" restaurant J.n 1975;
however, the legal non-conforming status of any original sJ.gns
has expired. The Development Code stipulates that the legal non-
conforming status of signs shall expire if the business has been
abandoned for ninety days or more. The restaurant had been
vacant for at least two years.
General Plan Policies 1.45.4 and 1.45.8 require that the
number, size, and placement of signs be minimized and that
oversized signs which dominate the building or site be
prohibited. The 45 foot high, double pole sign is three times
the height of the existing building. Pole signs are allowed in
the CG-1 land use zoning district for parcels with at least 300
feet of freeway frontage, provided the signs do not exceed 125
square feet in size nor 25 feet in height. The requested double
pole sign exceeds the size and height of an allowable freeway
sign even though the site lies 1,500 feet to the northeast of the
I-215 freeway with no freeway frontage. The proposed signs are
categorically exempt from CEQA under a Class 11 exemption.
Pursuant to Section 15311 of the CEQA guidelines, Class 11
exemptions include the construction or placement of minor
structures appurtenant to existing commercial facilities,
including on-premise signs as proposed by this variance request.
Mayor Pro Tem Reilly opened the hearing.
COUNCIL MEMBER HERNANDEZ RETURNED
At 4: 00 p.m., Council Member Hernandez returned to the
Council meeting and took his place at the council table.
In a letter dated December 3, 1992, Thomas Woolrich, 1735
Corbett Highlands Place, Arroyo Grande, CA, stated that he is the
owner of the property at 950 South "E" Street, San Bernardino,
CA, where Jose's Mexican food is located. He spoke in support of
Mr. Jara and his business, and requested that a variance be
granted so that the pole sign can be used to generate customers
for the business.
Mr. Jose Jara, 37558 county Line Road, Yucaipa, CA, stated
that he spoke to staff in Planning and Building Services
regarding whether the double pole sign could be used and was told
that since there were not going to be structural changes to the
building, or a change in the type of business, he would be able
to use the sign. He stated that there have been other similar
large pole signs approved through the variance process in the
38
12/7 /92
past few years, and felt that since this is a legally erected
non-conforming sign that he should be able to use the sign. He
felt that he had been given inaccurate information by staff when
he was told that all he had to do was apply for a variance to
obtain approval for the use of the sign.
COUNCIL MEMBER
At 4:05 p.m.,
Council meeting and
POPE-LUDLAM RETURNED
Council Member Pope-Ludlam returned
took her place at the council table.
to the
Discussion ensued regarding the need to amend the sign
portion of the Development Code so that it would be more
practical and flexible for the reuse of existing signs that are
maintained.
Council Member Minor made a motion, seconded by Council
Member Miller, that the hearing be closed; and that Variance No.
92-20 be approved in concept and continued to December 21, 1992,
in the Council Chambers of City Hall, 300 North "D" street, San
Bernardino, California, and that staff be directed to prepare
findings of fact and conditions of approval to support that
determination.
The motion carried by the following vote: Ayes:
Members Reilly, Hernandez, Maudsley, Pope-Ludlam, Miller.
Council Member Minor. Absent: Council Member Estrada.
Council
Nays:
RECESS MEETING
At 4:29 p.m., Mayor Pro Tem Reilly declared a five-minute
recess.
RECONVENE MEETING
At 4:35 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 Deputy city Clerk Vale with the
following being present: Mayor Pro Tem Reilly; Council Members
Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; Deputy
City Attorney Empeno, Deputy City Clerk Vale. Absent: Mayor
Holcomb; Council Member Estrada.
PUBLIC HEARING - SPECIFIC PLAN NO.
AMENDMENTS NO. 92-09 & 92-12
AMENDMENT NO. 92-09
92-01 - GENERAL PLAN
DEVELOPMENT CODE
(38)
This is the time and place set for a public hearing to
consider the University Business Park Specific Plan for 38
parcels located within the University Business Park, and
accompanying General Plan and Development Code Amendments.
39
12/7 /92
In a memorandum dated November 12, 1992, Al Boughey,
Director of Planning and Building Services, stated that the
recommended resolutions and ordinance approve the Specific Plan
and incorporate the Specific Plan into the Development Code. The
Specific Plan for University Business Park establishes three new
land use designations, permitted uses, preferred uses for six
parcels, and development standards for 38 parcels in the
University Business Park. The General Plan Amendments change
the land use designations from CG-1, Commercial General, and IL,
Light Industrial, to university Business Park (UBP) 1, 2 and 3;
and amend the text of the General Plan to establish goals,
policies and objectives for the UBP-1, 2, and 3 designations.
In 1970, the State College Industrial Park was established
in the State College Redevelopment plan. On June 2, 1989, the
Mayor and Council adopted the General Plan which established land
use designations and permitted uses city-wide. On September 24,
1992, the Environmental Review Committee determined an
Environmental Impact Report for the project was not necessary,
and recommended adoption of a negative declaration. On
September 24, 1992, the Specific Plan was presented to the
Development Review Committee which recommended approval of the
Specific Plan. On November 4, 1992, the Planning Commission
recommended approval of the Specific Plan.
The Specific Plan permits a broader range of uses permitted
on the parcels located within the boundaries of the Specific
Plan. A combination of uses are allowed within the Commercial
General and Light Industrial designations. The UBP-1 land use
designation is located toward the rear of the University
Business Park, and permits light industrial uses, with or without
ancillary outdoor storage not visible to the public. The UBP-2
land use designation is located at the entrance to the business
park and allows for general commercial uses, and established
preferred uses for six parcels along Hallmark Parkway, if the
preferred uses are not developed on these parcels, any other use
permitted is the UBP-2 designation would be allowed. And, the
UBP-3 land use designation is located along MacArthur Boulevard,
the uses permitted include general commercial, office, and a
variety of light industrial, provided all work is conducted
within completely enclosed buildings. The buildings would be
large, stand alone structures, and multi-tenant commercial
centers will not be allowed.
Mayor Pro Tem Reilly opened the hearing.
Al Boughey, Director of Planning and Building
answered questions regarding the University Business
Plan.
Services,
Specific
Deputy city Attorney Empeno explained that a specific plan
is utilized when staff and the applicant agree to recognize the
40
12/7 /92
unique aspects of a given area.
Charles Schultz, representing Reid and Hellyer, 599 North
Arrowhead, San Bernardino, CA, explained that the only major
difference from normal City standards is that the specific plan
would permit two 24 hour, self service gasoline stations with
ancillary mini-markets in close proximity to each other in order
to serve the high demands of freeway travelers through the area.
Council Member pope-Ludlam made a motion, seconded by
Council Member Hernandez, and unanimously carried, that the
public hearing be closed.
RES. 92-459 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ADOPTING GENERAL PLAN AMENDMENT NO. 92-09 TO THE
GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (38-A)
RES. 92-460 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ADOPTING GENERAL PLAN AMENDMENT NO. 92-12 TO THE
GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (38-8)
RES. 92-461 - RESOLUTION OF THE CITY OF SAN BERNARDINO
TO ADOPT THE NEGATIVE DECLARATION AND TO ADOPT SPECIFIC
PLAN NO. 92-01, UNIVERSITY BUSINESS PARK. (38-C)
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTIONS 19.06.010(2) TABLE 06.030, 19.10.030,
19.22.150 TABLE 22.01, AND 19.24.030 OF THE SAN
BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE), TO
INCORPORATE DEVELOPMENT STANDARDS, PERMITTED USES, SIGN
REGULATIONS AND PARKING PROVISIONS, AS APPROVED IN THE
UNIVERSITY BUSINESS PARK SPECIFIC PLAN. First (38-D)
Council Member Miller made a motion, seconded by Council
Member Minor, that the Mayor and Common Council adopt the
resolution approving General Plan Amendment No. 92-09 to modify
the text of the General Plan to incorporate three new land use
designations and to establish goals, policies and objectives for
them; and adopt the resolution approving General Plan Amendment
No. 92-12 to modify the land use map to change the designation
within the Specific Plan area; and adopt the resolution approving
Specific Plan No. 92-01 for University Business Park and adopt
the negative declaration; and waive the first reading and lay
over for adoption the ordinance approving Development Code
standards and permitted uses into the Development Code.
The motion
Members Reilly,
None. Abstain:
Member Estrada.
carried by the following vote: Ayes:
Maudsley, Minor, Pope-Ludlam, Miller.
Council Member Hernandez. Absent:
Council
Nays:
.Council
-.
41
12/7 /92
RES. 92-462 - A RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO, APPROVING A
SETTLEMENT AGREEMENT AND MUTUAL RELEASE BY AND BETWEEN
SCOTT SPECIALTY GASES, INC. AND THE CITY OF SAN
BERNARDINO. (8-1)
Council Member Pope-Ludlam made a motion, seconded by
Council Member Minor, that said resolution be adopted.
Resolution No. 92-462 was adopted by the following vote:
Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope-
Ludlam, Miller. Nays: None. Absent: Council Member Estrada.
CITY ATTORNEY PENMAN RETURNED
At 4:54 p.m., city Attorney Penman returned to the Council
meeting and replaced Deputy City Attorney Empeno.
RES. 92-463 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH DON
NOMURA, RELATING TO THE USE OF FISCALINI FIELD. (8-2)
John Kramer, Superintendent of Recreation, Parks, Recreation
and Community Services, answered questions regarding the lease.
CITY ADMINISTRATOR CLARK RETURNED
At 4:56 p.m., city Administrator Clark returned to the
Council meeting.
Council Member Minor made a motion, seconded by Council
Member Pope-Ludlam, that said resolution be adopted.
Resolution No. 92-463 was adopted by the following vote:
Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope-
Ludlam. Nays: Council Member Miller. Absent: Council Member
Estrada.
RES. 92-464
AUTHORIZING
JOHNSON-SIMS
COORDINATOR.
- RESOLUTION OF THE CITY OF SAN BERNARDINO
THE EXECUTION OF A CONTRACT WITH LUCY
FOR SERVICES AS THE FAMILIES FOR LITERACY
(S-3)
Council Member Miller made a motion, seconded by Council
Member Minor, that said resolution be adopted.
Resolution No. 92-464 was adopted by the following vote:
Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope-
Ludlam, Miller. Nays: None. Absent: Council Member Estrada.
CITY ATTORNEY BUDGET - APPROVE APPROPRIATION - GENERAL
FUND RESERVE TO OUTSIDE ATTORNEY COSTS (S-4)
In a memorandum dated December 4, 1992, Fred Wilson,
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12/7 /92
Assistant city Administrator, stated that the City Attorney has
requested that additional monies be authorized to fund outside
attorney services and litigation expenses for the balance of the
fiscal year.
This item was discussed at the Council meeting on November
2, 1992. The purpose of this report is to provide the Mayor and
Council with supporting financial information relative to the
proposed transfer of General Fund reserve monies to the city
Attorney's budget.
The Mayor and Council had approved $1,604,670 as the city
Attorney's budget for FY 1992/93. This budget included $205,615
for outside litigation services and $108,764 for litigation
expenses. As of November 30, 1992, the city Attorney had
expended $137,788 in outside attorney services and had a
remaining balance of $67,827. with respect to the litigation
expense account, $78,392 had been expended with a remaining
balance of $30,372. According to the City Attorney $288,744 is
currently outstanding in terms of unpaid outside attorney bills
and other litigation expenses as of November 30, 1992.
The first recommended motion would transfer $190,549 from
the General Fund reserve into the two city Attorney accounts.
This action would ensure payment for all outstanding bills as of
November 30, 1992.
It is difficult to project the exact amount of funds
necessary to pay for all future outside attorney and litigation
expenses for the balance of the fiscal year. Therefore, it is
recommended that the Finance Director be authorized to draw down
on a monthly basis the necessary funds from the General Fund
reserve to pay all outside attorney and litigation expenses that
are incurred subsequent to November 30, 1992. The total amount
of the drawdown is recommended not to exceed $200,000. In
addition, if more than $200,000 in expenditures are incurred
prior to the end of FY 1992/93, a supplemental appropriation
request would be made to the Mayor and Common council. The
Finance Director would provide a monthly status report of the
expenditures to the Mayor and Common Council.
The impact on the General Fund reserve if the City Attorney
spends what was initially projected which is approximately
$600,000 over the beginning FY 1992/93 budget, would be
significant. The projected FY 1992/93 ending balance is
estimated at $3 million. This fund balance figure would only be
met if revenue and expenditure projections remain constant. A
comprehensive analysis of the City's fiscal situation will be
presented as part of the mid-year budget review although
preliminary indications show that development revenues are down
with no real expenditure savings in the departments since most
positions which were vacant at the beginning of the fiscal year
43
12/7 /92
were not funded. The projection of $600,000 if it is met
represents 20% of the anticipated General Fund balance.
Attachment I is a five year summary of city Attorney
departmental costs compared to total litigation case load which
indicates that although the litigation caseload has remained
static, the city Attorney's budget continues to increase.
Attachment II is a comparison of staffing to the in-house
caseload.
City Attorney Penman distributed a memorandum recommending
that the motions listed on the agenda be revised.
In a memorandum dated November 16, 1992, Senior Assistant
city Attorney Morillo, presented a chart outlining the annual
breakdown of the staffing of the office, and the number of cases
handled in-house and by outside counsel.
Senior Assistant City Attorney Morillo explained that the
two charts presented by the City Administrator's Off ice do not
accurately reflect the department in terms of comparing staffing
levels and department costs to caseload.
city Attorney Penman explained that staffing levels have
increased due to a decision made by the Mayor and Common Council
that more cases should be managed by City staff. He explained
that the situation is difficult because an evaluation cannot be
made solely on the case load number, each case must be evaluated
individually to determine the workload involved. He stated that
many more cases were going to trial now than before due to a
desire for the city to stop settling the majority of cases out of
court.
Discussion ensued regarding
litigation expenses in the city
information presented in the charts
the city Attorney's Office.
Council Member Miller made a motion, that 1) the Finance
Director be instructed to transfer $190,549 from the General
Reserve to the following city Attorney budget accounts:
Litigation Outside Attorney (001-051-53049) $115,955; and
Litigation (001-051-53050) $74,594, to fund all outstanding
services reflected in requests for payment dated on or before
December 4, 1992; 2) that the Finance Director be instructed to
draw down on a monthly basis the necessary funds from the General
Fund reserve to fund outside attorney bills and litigation
expenses reflected in requests for payment dated on or after
December 7, 1992; and that the total amount of the draw down
shall not exceed $200,000 without further action of the Council;
and 3) that all requests for payment for bills for outside
counsel services and litigation expenses be submitted by the city
the outside attorney
Attorney's Office, and
by the city Administrator
and
the
and
44
12/7/92
Attorney's Office to the Mayor and Council for review in closed
session upon transmittal to the Finance Department.
The motion failed for lack of a second.
council Member Minor made a motion, seconded by Council
Member Miller, and unanimously carried, that 1) the Finance
Director be instructed to transfer $190,549 from the General
Reserve to the following City Attorney budget accounts:
Litigation outside Attorney (001-051-53049) $115,955; and
Litigation (001-051-53050) $74,594, to fund all outstanding
services reflected in requests for payment dated on or before
December 4, 1992; 2) that the Finance Director be instructed to
draw down on a monthly basis the necessary funds from the General
Fund reserve to fund outside attorney bills and litigation
expenses reflected in requests for payment dated on or after
December 7, 1992; and that the total amount of the draw down
shall not exceed $200,000 without further action of the council;
and 3) to continue the recommendation that all requests for
payment for bills for outside counsel services and litigation
expenses be submitted by the City Attorney's Office to the Mayor
and Council for review in closed session upon transmittal to the
Finance Department to a later meeting, in the Council Chambers of
city Hall, 300 North "D" street, San Bernardino, California.
ADJOURNMENT
At 5:43 p.m.,
Monday, December 21,
300 North "D" Street,
(39)
the meeting was adjourned to 8:30
1992, in the Council Chambers of City
San Bernardino, California.
a.m. ,
Hall,
RACHEL CLARK
City Clerk
L";/ / . 'Z/
By /'ot it:: {H &? i....V /...-<;2-
Melanie Vale
Deputy city Clerk
-(/~
No. of Items: 60
No. of Hours: 9
45
12/7 /92