Loading...
HomeMy WebLinkAbout04-15-1991 Minutes City of San Bernardino, California April 15, 1991 The Regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 8:43 a.m., Monday, April 15, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb: Council Members Estrada, Reilly, Flores, Maudsley, Minor: City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Members Pope-Ludlam, Miller. ANNOUNCEMENT - CASES TO BE DISCUSSED IN CLOSED SESSION(l) City Attorney Penman announced that the following cases are to be discussed in closed session: Garibay vs. City of San Bernardino - San Bernardino Superior Court Case No. 237901; Mills vs. City of San Bernardino - San Bernardino Superior Court Case No. 230035: The People vs. Lei Wan 0 . et al - San Bernardino Superior Court Case No. 255293. RECESS MEETING At 8:43 a.m., the Development Commission following: a. to give instruction to the City' s/Commission' s negotiator on the purchase of property pursuant to Government Code Section 54956.8. The real property which the negotiations concern is generally located at: Mayor and Common Council and Community recessed to closed session for the : b. to consider personnel matters pursuant to Government Code Section 54957: c. to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6: d. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities pursuant to Government Code Section 54957: 1 4/15/91 e. to confer with the litigation pursuant to 54956.9(b)(1), as there litigation: attorney regarding pending Government Code Section is significant exposure to f. to confer with the attorney regarding litigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation: pending Section decide g. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section 54956.9(a) as follows: City of San Bernardino vs. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239193: Stubblefield Construction Com~anY. et al vs. City of San Bernardino. et al - San Bernardino Superior Court Case No. 242998: San Bernardino Superior Court Case No. 252058: Sock Dawson. et al vs. Citv of San Bernardino. et al- United States District Court Case No. SA 88-461 AHS (RWRx): City of Redlands vs. Inland Vallev Development Agencv. et al - San Bernardino Superior Court Case No. 255222: City of San Bernardino vs. Deukmeiian. et al San Bernardino Superior Court Case No. 256623: County vs. City of San Bernardino (RDAI - San Bernardino Superior Court Case No. 258241: Citv of Indians. 6899 WJR San et al (Bx) : Bernardino vs. San Manuel Band of Mission - United States District Court - Case No. 85- City of San Bernardino vs. Dykes - San Bernardino Superior Court Case No. 254883. CLOSED SESSION At 8:43 a.m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb: Council Members Estrada, Reilly, Flores, Maudsley, Minor: City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Members Pope-Ludlam, Miller. 2 4/15/91 Also present: Deputy City Attorney Simmons, and Deputy City Attorney Roth. READING Deputy resolutions Development OF RESOLUTIONS AND ORDINANCES City Clerk Jones read the titles of all the and ordinances on the Regular, and Community agendas, while the Council was in closed session. ADJOURN CLOSED SESSION At 9:25 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 called the Regular Meeting to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb: Council Members Reilly, Flores, Maudsley, Minor, Miller: City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Members Estrada, Pope- Ludlam. INVOCATION Invocation was given by Rev. Alfred LoPinto of Our Lady of the Rosary Cathedral. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Maudsley. HONORARY MAYOR - CHRISTOPHER MARZULLO (2) Mayor Holcomb introduced Christopher Marzullo who has been designated as honorary mayor for the day. Christopher was recognized for hitting the first homerun of the 1991 Little League season at Wildwood Little League. PROCLAMATION - VOLUNTEER RECOGNITION WEEK - APRIL 21 THROUGH APRIL 27, 1991 (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring the week of April 21 through April 27, 1991, as Volunteer Recognition Week. Former Mayor Evlyn Wilcox accepted the proclamation on behalf of the Volunteer Steering Committee of the Inland Empire. J. Center Mildred Lorraine Velarde acknowledged members of the Volunteer Inland Empire Committee: Annie Ramos, Kay Hudleson, Kelly, Jim Burns, Linda Hernandez, Dave Oberhelman. 3 4/15/91 COUNCIL MEMBER At 9:37 a.m., Council Meeting and POPE-LUDLAM ARRIVED Council Member Pope-Ludlam took her place at the council arrived table. at the PROCLAMATION - ORGAN/TISSUE AWARENESS WEEK - APRIL 21 THROUGH APRIL 28, 1991 (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring the week of April 21 through April 28, 1991, as Organ/Tissue Awareness Week. Sister David Gorman of Saint Bernardine' s Medical Center accepted the proclamation. SERVICE PIN AWARDS J. Lorraine Velarde, Executive Assistant to the the names of employees receiving service pin awards. ( 5) Mayor, read Each employee received a service pin from Mayor Holcomb in gratitude of his/her many years of dedicated service to the City. ANNOUNCEMENT BY COUNCIL MEMBER POPE-LUDLAM - WOMEN & BUSINESS EXPO (2) Council Member Pope-Ludlam expressed concern over the fact that no Blacks or Hispanics were included in the Women & Business Expo to be held May 18, 1991, at the Maruko Hotel. She requested that Council withdraw City support of the Conference. PUBLIC COMMENTS - WILLIAM ANTHONY - WOMEN & BUSINESS EXPO (3) William Anthony, Publisher, Inland Empire Business Journal, spoke concerning the May 18, 1991, Women & Business Expo which will take place at the Maruko Hotel. He indicated that Committees were formed without any thought of race, creed or color. PUBLIC COMMENTS HOANNE R. MISCONDUCT AND UNUSUAL NOISES Hoanne R. Fredean, 1582 W. Concord police misconduct in San Bernardino and coming from under her home. FREDEAN POLICE (3) Street, spoke concerning the unusual noises heard WAIVE READING OF RESOLUTIONS AND ORDINANCES (6) Council Member Reilly made a motion, seconded by Council Member Maudsley, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas be waived. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council meeting and took her place at the council table. 4 4/15/91 COUNCIL MINUTES - JANUARY 17, 1991 AND FEBRUARY 18, 1991 (7) Council Member Reilly made a motion, seconded by Council Member Maudsley, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino, be approved as submitted in typewritten form: January 17, 1991 and February 18, 1991. ESTABLISHMENT OF NEW CLASSIFICATION- TELECOMMUNICATIONS REPRESENTATIVE - TELECOMMUNICATIONS DIVISION (12) In a memorandum dated April 4, 1991, Barbara Dillon, Director of Personnel, on behalf of Dean Gray, Director of Telecommunications, requested that the classification of Telecommunications Representative be added to his division in order to more effectively meet the needs of the department. At its meeting of March 21, 1991, the Personnel Committee approved this request. Council Member Reilly made a motion, seconded by Council Member Maudsley, and unanimously carried, that the classification of Telecommunications Representative be established with the salary set at Range 1263, $1647 - $2001. Council Member Reilly made a motion, Member Maudsley, and unanimously carried, Department update Resolution 6413, Section 6433. seconded by Council that the Personnel 10, and Resolution ESTABLISHMENT OF NEW CLASSIFICATION - POLICE SERVICES ADMINISTRATOR - POLICE DEPARTMENT (13) In a memorandum dated April 4, 1991, Barbara Dillon, Director of Personnel, stated that Wayne Harp, Assistant Chief of Police, requested the establishment of a new classification entitled Police Services Administrator. This position will manage and administer activities of non-sworn personnel within the services division and will perform similar functions currently performed by a Police Lieutenant. Establishment of this classification is consistent with the Police Department's plans to civilianize functions which do not require the abilities of a sworn peace officer. At its meeting of April 4, 1991, the Personnel Committee approved the request to establish a new classification of Police Services Administrator in the Police Department. Council Member Reilly made a motion, seconded by Council Member Maudsley, and unanimously carried, that the classification of Police Services Administrator (U) be established with the salary set at Range 4429, $3768 - $4580. 5 4/15/91 Council Member Reilly made a motion, seconded by Council Member Maudsley, and unanimously carried, that the Personnel Department update Resolution No. 6413, Section 14, and Resolution No. 6433. (Item reconsidered later in the meeting. See page 33) CLAIMS AND PAYROLL (16) Council Member Reilly made a motion, seconded by Council Member Maudsley, and unanimously carried, that the claims and payrolls, and the authorization to issue warrants as listed on the memorandum dated April 26, 1991, from the Director of Finance be approved. PERSONNEL ACTIONS (17) Council Member Reilly made a motion, seconded by Council Member Maudsley, and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated April 4, 1991, in accordance with all administrative regulations of the City of San Bernardino, be approved. JOINT POWERS FINANCING AUTHORITY - REGULAR MEETING (18) Council Member Reilly made a motion, seconded by Council Member Maudsley, and unanimously carried, that the Regular Meeting of the Joint Powers Financing Authority be adjourned to May 20, 1991. RES. 91-115 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH VETCORP FOR THE PURCHASE OF FELINE HAIR ALLERGEN PRODUCT. (21) RES. 91-116 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SEQUOIA PACIFIC SYSTEMS CORPORATION RELATING TO ELECTION SUPPLIES AND SERVICES FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD ON MAY 7, 1991. (22) RES. 91-117 - RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES (ABANDONED VEHICLES) ON SAID PROPERTIES. (23) RES. 91-118 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZ ING THE PREPARATION AND EXECUTION OF APPLICATIONS AND AGREEMENTS FOR SAN BERNARDINO COUNTY COMMUNITY SERVICES FOOD DISTRIBUTION PROGRAM AT DELMANN HEIGHTS COMMUNITY CENTER AND SENIOR CITIZENS SERVICE CENTER. (24) 6 4/15/91 RES. 91-119 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH SENIOR PROGRAMS CORPORATION TO PROVIDE SENIOR AIDES TO CITY WORK SITES. (25) RES. 91-120 - RESOLUTION OF THE CITY OF SAN BERNARDINO PASSING ON AND GIVING PRELIMINARY APPROVAL TO THE REPORT OF THE ENGINEER OF WORK, AS MODIFIED, AND RATIFYING APPOINTMENT OF THE TIME AND PLACE FOR PUBLIC HEARING FOR ASSESSMENT DISTRICT NO. 987 (VERDEMONT AREA). (28) RES. 91-121 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A SECOND AMENDMENT TO AN AGREEMENT WITH GFB-FRIEDRICH & ASSOCIATES, INC., FOR PROFESSIONAL SERVICES RELATIVE TO THE FORMATION OF ASSESSMENT DISTRICT NO. 987, LOCATED IN THE VERDEMONT AREA. (29) RES. 91-122 A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED MAINTENANCE OF LANDSCAPING IN THE AREA OF NORTH "H" STREET, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 1002, ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 DOES NOT APPLY. (30) RES. 91-123 - RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF SAN BERNARDINO FOR THE ANNEXATION OF THE TERRITORY GENERALLY LOCATED EAST OF WATERMAN AVENUE, SOUTH OF 9TH STREET, NORTH OF 6TH STREET. (ANNEXATION NO. 352) (31) RES. 91-124 - RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF SAN BERNARDINO FOR THE ANNEXATION OF THE TERRITORY GENERALLY LOCATED EAST OF WATERMAN AVENUE, SOUTH OF 6TH STREET, NORTH OF 3RD STREET. (ANNEXATION NO. 350) (32) RES. 91-125 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO LEASE WITH CRISPO LAGUNA PERTAINING TO MODIFICATION OF THE TERM, RENTAL RATE, AND NOTICE TO TERMINATE IN THE LEASE OF PRIVATELY OWNED PROPERTY BY THE CITY OF SAN BERNARDINO FOR USE AS A PUBLIC PARKING LOT, SITUATED AT THE NORTHEAST CORNER OF MT. VERNON AVENUE AND 7TH STREET, IN SAN BERNARDINO. (33) 7 4/15/9L RES. 91-126 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE IMPROVEMENT OF WATERMAN AVENUE, FROM MILL STREET TO FIFTH STREET. (34) RES. 91-127 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO GOSNEY CONSTRUCTION FOR CONSTRUCTION OF SIDEWALKS AT VARIOUS LOCATIONS. (35) RES. 91-128 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 65 OF LOCAL AGENCY FEDERAL-AID SAFETY IMPROVEMENT PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO THE REHABILITATION OF PAVEMENT ON WATERMAN AVENUE. (36) RES. 91-129 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, "A RESOLUTION. . .DESIGNATING CERTAIN STREETS OR PORTIONS THEREOF AS THROUGH HIGHWAYS. . .": AND PROVIDING THAT MACY STREET IS A THROUGH HIGHWAY AT ITS INTERSECTION WITH ELLEN STREET. (37) RES. 91-130 - RESOLUTION OF THE CITY OF SAN BERNARDINO, DECLARING THAT VOLUNTEERS, WORK-STUDY AND INTERNS SHALL BE DEEMED TO BE EMPLOYEES OF THE CITY FOR THE PURPOSE OF PROVIDING WORKERS' COMPENSATION COVERAGE FOR SAID VOLUNTEERS, WORK-STUDY AND INTERNS WHILE PROVIDING THEIR SERVICES. (41) RES. 91-131 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A CITYWIDE INJURY AND ILLNESS PREVENTION PROGRAM FOR ALL CITY EMPLOYEES AND ECONOMIC DEVELOPMENT AGENCY EMPLOYEES IN ACCORDANCE WITH CALIFORNIA SENATE BILL 198. (42) RES. 91-132 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING ISSUANCE OF BONDS, APPROVING FORMS OF BOND INDENTURE, BOND PURCHASE CONTRACT AND PRELIMINARY OFFICIAL STATEMENT FOR A SPECIAL ASSESSMENT DISTRICT. (ASSESSMENT DISTRICT 977B - CAJON & JUNE ACQUISITION DISTRICT) (43) Council Member Reilly made a motion, seconded by Council Member Maudsley, that said resolutions be adopted. 8 4/15/91 Resolution Nos. 91-115, 91-116, 91-117, 91-118, 91-119, 91- 120, 91-121, 91-122, 91-123, 91-124, 91-125, 91-126, 91-127, 91- 128, 91-129, 91-130, 91-131, and 91-132 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. MC-778 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SUBSECTION A OF SECTION 12.93.010 OF THE SAN BERNARDINO MUNICIPAL CODE PROVIDING FOR CITY PARTICIPATION IN SIDEWALK/CURB REPAIR AND CERTAIN SEWER CONNECTION COSTS. FINAL (46) Council Member Reilly made a motion, seconded by Council Member Maudsley, that said ordinance be adopted. Ordinance MC-778 was adopted by the following vote: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Ludlam, Miller. Nays: None. Absent: None. Ayes: Pope- AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 17.08 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO MOBILE SOURCE AIR POLLUTION REDUCTION. (47) ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 12.30 TO THE SAN BERNARDINO MUNICIPAL CODE TO PROHIBIT SIGHT RESTRICTIONS WITHIN SIGHT TRIANGLE FOR SIGHT DISTANCE REQUIREMENTS, AMENDING SECTIONS 12.40.120 AND 12.40.130(B) AND REPEALING SECTION 19.62.030 OF THE SAN BERNARDINO MUNICIPAL CODE. (48) Council Member Reilly made a motion, seconded by Council Member Maudsley, and unanimously carried, that said ordinances be laid over for final adoption. EXPANSION OF SPHERE OF INFLUENCE NORTHERLY AND SOUTHWESTERLY OF DEVORE - AUTHORIZATION TO PROCEED (15) In a memorandum dated April 4, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, requested authorization to proceed with the proposed expansion of sphere of influence in the area generally north and southwest of Devore. Council Member Maudsley announced property in the area and would therefore this matter. that his family owns abstain from voting on Council Member Reilly made a motion, seconded by Council Member Flores, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the proposed expansion of sphere of influence extending northerly and southwesterly of Devore. 9 4/15/91 The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Minor, Pope-Ludlam, Nays: None. Abstain: Council Member Maudsley. Absent: Council Miller. None. REQUEST FOR FUNDING ASSISTANCE $80,000 INLAND EMPIRE SYMPHONY ASSOCIATION (8) In a memorandum dated March 25, 1991, Fred Wilson, Assistant City Administrator, stated that on March 25, 1991, the Ways and Means Committee considered the request of the Inland Empire Symphony Association for funding assistance in the amount of $80,000 to help defray the Symphony's operating expenses, including the Inland Symphony, Sinfonia Mexicana and Opera Alliance for the 1990-91 fiscal year. In his memorandum, Mr. Wilson also stated that based on the projected level of cultural development fees anticipated through June 30, 1991, it does not appear that sufficient revenues will be available in this fund to offset the $80,000 allocation to the Symphony. In a letter dated March 28, 1991, Allen B. Gresham, Inland Empire Symphony Association, 362 West Court Street, San Bernardino, California, requested financial support from the City for established programs which have brought positive attention to the area. He stated that with the City's support, the Symphony will have an opportunity to apply for a $25,000 Challenge Grant from the State of California. One of the requirements for applying for this grant is for the Symphony to maintain its previous levels of funding and also show an increase of $50,000 in funding. The Inland Empire Symphony Association is the only organization in the two-county area that has ever received funding from this highly-competitive source. Mayor Holcomb stated that he supports keeping the Inland Empire Symphony alive, but indicated that it is unprecedented to allocate funds from the next fiscal year when the budget has not been adopted. He suggested that windfall monies received from the sale of bonds be used as an alternative funding source rather than obligate General Fund monies. Mayor Holcomb requested that the request from the Inland Empire Symphony Association (Item 8), and the request from the 4th of July Committee (Item 9) be deferred until the afternoon session to ask the Economic Development Agency (EDA) attorney to clarify the question of whether or not funds from bond proceeds can be used to fund the request of the Inland Empire Symphony Association. Council Member Estrada made a motion, seconded by Council Member Minor, and unanimously carried, that the request for funding assistance for the Inland Empire Symphony be continued until the afternoon session. (See page 33) 10 4/15/91 REQUEST FOR FUNDING ASSISTANCE - $21,900 - 4TH OF JULY COMMITTEE (9) In a memorandum dated March 28, 1991, Fred Wilson, Assistant City Administrator, reported that the City of San Bernardino, in conjunction with the Inland Empire Symphony, is conducting its 1991 4th of July community celebration at Seccombe Lake Park. The 4th of July Committee requested $21,900 to offset their costs. The Ways and Means Committee recommended approval of the allocation of civic and promotional funds in an amount of $10,000 to help defray costs associated with this event. The balance of funding in the amount of $11,900 would be paid from FY 1991/92 budget. Fred Wilson, Assistant City Administrator, explained that Cultural and Development Fee Funds will pay for the funding assistance requested by the 4th of July Committee which is sponsoring the 1991 4th of July celebration at Seccombe Lake Park. Council Member Estrada made a motion, seconded by Council Member Minor, and unanimously carried, that the request from the 4th of July Committee for funding assistance in the amount of $10,000 to offset costs connected with the 1991 4th of July celebration at Seccombe Lake Park be approved: and the matter of funding the remaining balance of $11,900 be brought back at a later date. RES. 91-133 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433, SECTION FOUR, ADDING AND DELETING VARIOUS CITY POSITIONS FOR THE PURPOSE OF CODIFYING PRIOR COUNCIL ACTIONS. (26) City Attorney Penman indicated that Resolution No. 6433 as printed in the backup, contained typographical errors that needed to be corrected and he distributed amended copies to the Mayor and Council. Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolution be amended and adopted as amended. Resolution No. 91-133 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. MC-779 AMENDING 19.56.370 PAVING OF ORDINANCE OF THE CITY OF SAN BERNARDINO SAN BERNARDINO MUNICIPAL CODE SECTIONS AND 19.56.380 REGARDING THE SURFACING OR PARKING OR OUTDOOR STORAGE AREAS. FINAL (44) 11 4/15/91 MC-780 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE SECTION 15.32.030 OF CHAPTER 15.32 TO DELETE THE REQUIREMENT FOR PLANNING COMMISSION REVIEW AND APPROVAL OF METAL- COVERED BUILDINGS. FINAL (45) Council Member Reilly made a motion, seconded by Council Member Miller, that said ordinances be adopted. Ordinance Nos. MC-779 and MC-780 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Minor, Pope-Ludlam, Miller. Nays: Council Members Flores, Maudsley. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF LEASE WITH EDGEHILL VILLAGE HOMEOWNER'S ASSOCIATION, RELATING TO CERTAIN REAL PROPERTY SITUATED EAST OF LITTLE MOUNTAIN DRIVE AND BEING THE SOUTHERLY HALF OF VACATED EDGEHILL ROAD. (27) City Attorney Penman requested that the proposed resolution be continued to the afternoon session as his office discovered a conflict in the resolution relating to Government Code Section 37380. It was the consensus of the Council that the proposed resolution authorizing a lease with Edgehill Village Homeowner's Association be continued to later in the afternoon. (See page 34) COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. RES. 91-134 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF 38TH STREET WEST OF PERSHING AVENUE, AND RESERVING PUBLIC UTILITY EASEMENTS. (39) City Attorney Penman stated for the record that with the adoption of this resolution, an unbuildable lot will be created and will require a lot line adjustment. Council Member Reilly made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 91-134 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Miller. Nays: None. Abstain: Council Member Estrada. Absent: Council Member Pope-Ludlam. 12 4/15/91 COUNCIL MEMBER POPE-LUDLAM RETURNED At 10:14 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. RES. 91-135 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING AN AGREEMENT TO DIKE-RUNA PLANNING AND DESIGN SOLUTIONS FOR THE FURNISHING OF THE PARKS MASTER PLAN, TO BE UTILIZED BY THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-91-07. (40) Annie Ramos, Director of Parks, Recreation and Community Services, stated that there were other low bidders competing for this contract. However, after considering the lower bids and possibility of any additional work that may be done, the cost of the lower bidders added up to or near the cost of the proposed contractor. Council Member Miller made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 91-135 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. ELIMINATION OF VARIOUS POSITIONS PLANNING/BUILDING DEPARTMENT (10) In a memorandum dated April 4, 1991, Shauna Edwins, City Administrator, reported that a slowdown in commercial building activity has reduced workloads and caused a revenue shortfall in development fees, thus necessitating a reduction in staffing levels. On April 4, 1991, the Personnel Committee approved ten positions to be eliminated in the Planning/Building Department. Larry Reed, Director of Planning and Building Services, distributed copies of a revised memorandum dated April 4, 1991, in which an additional motion was included. Council Member Reilly made a motion, seconded by Council Member Estrada, and unanimously carried, to authorize the elimination of the following from the Department of Planning/Building Services, effective immediately: one senior code compliance officer: two code compliance officers: one typist clerk II: one associate planner: one development permit technician. Council Member Reilly made a motion, seconded by Council Member Estrada, and unanimously carried, to authorize elimination of the following, effective thirty days after the delivery of layoff notice: one plan checker: two general building inspectors. 13 4/15/91 Council Member Reilly made a motion, seconded by Council Member Estrada, and unanimously carried, to authorize the elimination of one assistant planner position, to become effective when the position is vacated or by June 15 whichever comes first. Council Member Reilly made a motion, seconded by Council Member Estrada, and unanimously carried, to authorize the reinstatement of the position of planning division manager, and eliminate the positions of principal planner, effective upon the appointment of planning division manager. Council Member Reilly made a motion, seconded by Council Member Estrada, and unanimously carried, to instruct the Personnel Director to amend Resolution 6433 to reflect these changes. PART-TIME/TEMPORARY SALARY INCREASES HEADSTART/ PRESCHOOL POSITIONS (11) In a memorandum dated April 2, 1991, Barbara Dillon, Director of Personnel, on behalf of Annie Ramos, Director of Parks, Recreation and Community Services, requested salary increases for the heads tart/preschool positions of Teacher Director, Teacher, Teacher Aide, and Typist Clerk as recommended by the Preschool Services Department. Since these positions are Federally funded, there will be no impact to the City's General Fund. A discussion ensued regarding the delay in presenting this item to Council, as the request for increase in salaries was initiated on November 9, 1990. Council Member Flores made a motion, seconded by Council Member Minor, and unanimously carried, that the salary increases for the positions of Teacher Director, Teacher, Teacher Aide, and Typist Clerk be approved. Council Member Flores made a motion, seconded by Council Member Minor, and unanimously carried, that the Personnel Department update Resolution 6413, Section Thirteen. VACATION OF PORTION OF HUFF STREET, BETWEEN "G" STREET AND CRESCENT AVENUE - ADOPTION OF NEGATIVE DECLARATION AND FINDING OF CONSISTENCY/CIRCULATION ELEMENT (14) In a memorandum dated AprilS, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that on April 17, 1990, the Environmental Review Committee approved the negative declaration for Public Works Project No. 90-19 to vacate a portion of Huff Street, between "G" Street and Crescent Avenue. A twenty-one day review period was afforded from April 19, 1990 to May 9, 1990. No comments were received. 14 4/15/91 Roger Hardgrave, Director of Public works/City Engineer, answered questions, stating that the property owners have agreed to the vacation. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, that the negative declaration for Public Works Project No. 90-19, vacation of a portion of Huff Street between "G" Street and Crescent Avenue, be adopted. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, that a finding be made that the vacation of a portion of Huff Street, between "G" Street and Crescent Avenue, is consistent with the circulation element of the General Plan. The motions carried by the following vote: Ayes: Members Estrada, Reilly, Minor, Pope-Ludlam, Miller. Council Members Flores, Maudsley. Absent: None. Council Nays: RES. 91-136 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE RELATING TO FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FISCAL YEAR 1990-91. (19) Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, that utilization of City crews, City equipment and City police personnel for assistance to the Hispanic Chamber of Commerce in their Cinco de Mayo Fiesta' at Nunez Park be authorized: and that the expenses incurred by the use of City forces, equipment and police personnel be waived. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Nays: Council Member Flores. Absent: None. Council Miller. Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution Ayes: Council Ludlam, Miller. No. 91-136 was adopted by the following vote: Members Estrada, Reilly, Maudsley, Minor, Pope- Nays: Council Member Flores. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN SAID CITY AND THE NATIONAL ORANGE SHOW, A NON-PROFIT ORGANIZATION CONCERNING THE PROVIDING OF LAW ENFORCEMENT AND SECURITY SERVICES AT THE NATIONAL ORANGE SHOW DURING THE 1991 EXPOSITION. (20) In a memorandum dated March 28, 1991, Fred Wilson, Assistant City Administrator, stated that last year, the National Orange Show entered into an agreement with the City for payment of 15 4/15/91 police reserve officers and partial payment for regular police officers who are assigned to work the Orange Show. Based on recommendations made by the Police Department following the 1990 National Orange Show, a change in staffing levels was made for regular police officers during weekdays (except Fridays) and Sundays as well as adding a second supervisor on Friday and Saturday nights. The additional supervision is needed due to the increased deployment on these nights, the anticipated crowd size and the problems encountered last year. A discussion ensued regarding amending the National Orange Show's agreement to include language that requires them to pay booking fees for arrests made on their grounds during the 1991 Annual Exposition. Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that said resolution be continued to May 6, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 91-137 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 90-289 RELATING TO PROCEDURE FOR CITY- PROPERTY OWNER PARTICIPATION IN THE REMOVAL OF EXISTING DRIVEWAY APPROACHES AND INFILLING OF CURB DEPRESSIONS AND RECONSTRUCTION OF CURB, GUTTER AND SIDEWALKS LOCATED ON THE PUBLIC RIGHT-OF-WAY. (38) Council Member Miller made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 91-137 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RECONSIDERATION - ESTABLISHMENT OF NEW CLASSIFICATION- POLICE SERVICES ADMINISTRATOR - POLICE DEPARTMENT (13) Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, to reconsider action taken earlier in the meeting regarding the establishment of a new classification of Police Services Administrator in the Police Department. Council Member Estrada made a motion, seconded by Council Member Miller, and unanimously carried, to continue approval of this matter until the afternoon session to have the Chief of Police or Assistant Chief present to answer questions regarding use of assessment district funds. (See page 33) COUNCIL MEMBER MINOR EXCUSED Council Member Minor left the Council meeting. 16 4/15/91 PUBLIC HEARING - ANNEXATION NORTH OF 40TH STREET, WEST OF DAVID WAY ANNEXATION NO. 348, LAFCO 2643- ADOPTION OF RESOLUTION - CONTINUED FROM MARCH 18, 1991 (49) This is the time and place continued to for a public hearing and adoption of a resolution ordering the annexation of territory generally located north of 40th Street, west of David Way, designated LAFCO 2643, Annexation No. 348. In a memorandum dated AprilS, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that at the meeting of March 18, 1991, this item was continued to April 15, 1991, to address concerns of Mr. Randy Roesch and two other property owners relating to restrictions on animals as a result of being annexed into the City. In a letter dated April 3, 1991, Randy Roesch, Roesch Lines, Inc., 844 E. Ninth Street, San Bernardino, California, withdrew his protest regarding the annexation of territory located north of 40th Street, west of David Way. Mayor Holcomb opened the hearing. RES. 91-138 - RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THAT PROTESTS BY PROPERTY OWNERS OWNING LESS THAN FIFTY PERCENT (50%) OF THE ASSESSED VALUE OF THE TERRITORY PROPOSED TO BE ANNEXED HAVE BEEN FILED AND ORDERING ANNEXATION NO. 348 (LAFCO 2643) FOR THE TERRITORY GENERALLY LOCATED NORTH OF 40TH STREET, WEST OF DAVID WAY AND DETACHMENT FROM CSA 38, AND CSA 70. (49) Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley, and unanimously carried, that the public hearing to receive, consider and rule upon written protests in the matter of annexation of the territory generally located north of 40th Street and west of David Way, designated LAFCO 2643, be closed. Council Member Pope-Ludlam made a Council Member Maudsley, and unanimously resolution be adopted. Resolution No. 91-138 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Minor. motion, seconded by carried, that said 17 4/15/91 PROTEST HEARING ASSESSMENT DISTRICT NO. 1004- COMMERCENTER EAST SIGNALS - ADOPT RESOLUTION ORDERING WORK (50) This is the time and place set for a protest hearing on Assessment District No. 1004 for the installation of traf.fic signals and street lights in the Commercenter East/Hospitality Lane area. In a memorandum dated April 1, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, reported the results of a study conducted by the City'S Traffic Engineer relative to traffic and pedestrian control at the intersection of Commercenter East and Hospitality Lane. Mayor Holcomb opened the hearing. RES. 91-139 A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED INSTALLATION OF TRAFFIC SIGNALS AND STREET LIGHTS IN THE AREA OF COMMERCENTER EAST AND HOSPITALITY LANE, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID INSTALLATION, KNOWN AS ASSESSMENT DISTRICT NO. 1004, ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT INVESTIGATION AND LIMITATION ACT OF 1931 DOES NOT APPLY. (50) Council Member Reilly made a motion, seconded by Council Member Maudsley, and unanimously carried, that the protests, if any, be overruled, the hearing be closed, and find and determine that the public convenience and necessity require the proposed installation of traffic signals and street lighting in the Commercenter East area, and that the Special Assessment, Investigation and Limitation Act of 1931 does not apply. Council Member Reilly made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 91-139 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Minor. COUNCIL MEMBER MINOR RETURNED Council Member Minor returned to the Council meeting and took his place at the council table. 18 4/15/91 TRANSFER OF RECRUITMENT AND TESTING FUNCTIONS AND ATTENDANT PERSONNEL FROM CIVIL SERVICE TO PERSONNEL- CONTINUED FROM APRIL 1, 1991 (51) This is the time and place continued to for authorization to transfer recruitment and testing functions and attendant personnel consisting of two Personnel Clerk I's and one Personnel Analyst from Civil Service to Personnel. In a memorandum dated March 21, 1991, Barbara Dillon, Director of Personnel, provided recommendations on combin~ng Civil Service and Personnel Department staff. She also included organizational charts comparing the current and proposed Personnel and Civil Service structure. Barbara Dillon, Personnel Director, matter be continued until May 6, 1991, so with the Civil Service Board. requested that the that staff can meet Council Member Miller made a motion, seconded by Council Member Maudsley, and unanimously carried, that authorization to transfer recruitment and testing functions and attendant personnel from Civil Service to Personnel, be continued to May 6, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INSTALLATION OF STOP SIGN - PICO AND MAGNOLIA STREETS- COUNCIL MEMBER POPE-LUDLAM - CONTINUED FROM APRIL 1, 1991 (52) This is the time and place continued to for discussion regarding Council Member Pope-Ludlam's request for installation of a stop sign at Pico and Magnolia Streets. This matter was continued from April 1, 1991 pending review of the Traffic Advisory Committee's recommendation of denial. Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly, and unanimously carried, that a stop sign be installed at Pico and Magnolia Streets. REAPPORTIONMENT OF COMMON COUNCIL WARDS (53) In a memorandum dated April 4, 1991, Rachel Krasney, City Clerk, stated that the City will be required to redraw its ward boundaries as a result of the 1990 Census. Section 3 of the City Charter requires the redistricting of wards after each census. Although block by block census figures are not yet available, it is anticipated that they will be ready within three to four weeks. Staff will then be in a position to begin assimilating census tract data to determine population balances within the seven wards. 19 4/15/91. It was suggested that a Task Force composed of the Planning Commission, representatives from Planning, City Attorney and City Clerk's offices be established to provide the City with options regarding the proposed new boundaries. A discussion ensued regarding the matter the Planning Department for preparation of containing the new ward boundaries. being referred to a proposed draft City Clerk Krasney explained that staff has received calls from the public regarding the City's intentions on redistricting the wards. City Administrator Edwins suggested that three council members be approved to review the of Common Council wards. a committee of reapportionment Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, that a task force be appointed, consisting of the Planning Commission, representatives from the City Attorney's Office, City Clerk's Office and two Planning Department members, including Ruth Parrish, GIS System Coordinator, to come back with options for the reapportionment of City wards. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Nays: Council Member Flores. Absent: None. Council Miller. Mayor Holcomb urged the Council to consider the cost of man hours that members of the Task Force would be contributing in order to prepare a draft of the new Council boundaries. City Administrator Edwins pointed out that it would be difficult to get Planning Commission members to attend meetings held during the day, as many of the Commissioners hold full time jobs. A discussion ensued regarding whether or not an issue can be further debated after the motion has been taken. City Attorney Penman advised the Council that, according to its rules and regulations, any comments, discussion or debates may be terminated any time without recognition by the Chair, by a motion for the previous question which is duly adopted by the Common Council. RECONSIDERATION - APPOINTMENTS TO COMMITTEE POSTS HELD BY INCUMBENT THIRD WARD COUNCIL MEMBER FLORES - APRIL 1, 1991 - REQUESTED BY COUNCIL MEMBER MAUDSLEY (54) It was explained that the intent for reconsidering Council action taken April 1, 1991 regarding Committee appointments held by incumbent Third Ward Council Member Flores, was to approve a 20 4/15/91 rotation schedule that would allow each Council Member a four- year period of service on no less than four Council committees. The Council discussed establishing a rotation schedule so that all members of the Council would have an opportunity to serve on the various City committees. Ralph Hernandez, Council Member-elect of the Third Ward, 190 N. Pico Street, San Bernardino, California, explained why as a former Council Member he refused to serve on Council committees in the past. He stated that the action taken on April 1, 1991 excludes him from having an opportunity to serve on the various committees that incumbent Council Member Flores has served on during his tenure. April Ward. A member of the Council stated that Council action taken on 1, 1991, removes minority representation for the Third Council Member Maudsley made a motion, seconded by Council Member Pope-Ludlam, to reconsider action taken on April 1, 1991, regarding appointments to committee posts held by incumbent Third Ward Council Member Flores. The motion failed by the Members Maudsley, Pope-Ludlam. Reilly, Flores, Minor, Miller. following vote: Ayes: Council Nays: Council Members Estrada, RES. 91-140 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO SUPPORTING THE PASSAGE OF ASSEMBLY BILL 1397 - THE ANIMAL CONTROL TAX (55) Council Member Maudsley made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 91-140 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE MIDDLE MANAGEMENT BARGAINING UNIT OF THE CITY OF SAN BERNARDINO REPRESENTED BY SBPEA. (Continued from April 1, 1991) (57) This is the time and place continued to for consideration of a resolution implementing a Memorandum of Understanding between the City and employees in the Middle Management Bargaining Unit. 21 4/15/91 City Attorney Penman announced that the Memorandum of Understanding is not ready for Council distribution. Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that adoption of said resolution be continued until the afternoon session to allow the Personnel Department time to complete and distribute the document to the Council. (See page 34) RES. 91-141 - RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF THAT PORTION OF EDGEHILL ROAD EAST OF LITTLE MOUNTAIN DRIVE IN THE CITY OF SAN BERNARDINO AND RESERVING EASEMENTS FOR WATERLINES AND APPURTENANT FACILITIES, EMERGENCY INGRESS AND EGRESS, INGRESS AND EGRESS RIGHTS FOR THE OWNERS OF PROPERTY IN TRACT 11047, THEIR HEIRS AND ASSIGNS, AND PUBLIC UTILITY EASEMENTS THERE IN . (Continued from March 18, 1991) (58) Council Member Estrada made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 91-141 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Nays: None. Absent: Council Member Pope-Ludlam. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 15.73 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO CERTIFICATION OF JOURNEYLEVEL PLUMBERS. (Continued from April 1, 1991) (59) This is the time and place continued to for consideration of an ordinance relating to certification of journeylevel plumbers. Mayor Holcomb announced that Don Magness, President of the Plumbers Union Local 364, requested that this matter be tabled. Mayor Holcomb pointed out that this matter has been scheduled to be heard at 2:30 p.m., in the Council Chambers. (See page 29) RECESS MEETING At 10:55 a.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 11:05 a.m., Mayor Holcomb reconvened the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Senior Assistant City Attorney Barlow, City Clerk Krasney, City Administrator Edwins. Absent: None. 22 4/15/91 COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:05 a.m., the Regular Meeting of the Community Development Commission was called to order by Chairman Holcomb in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The Mayor and Council acting as the Commission took action on the Community Development Commission portion of the agenda. RES. 91-142 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NUMBER 81-594 AND DELEGATING TO THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO CERTAIN POWERS AND AUTHORITY IN CONNECTION WITH THE MANAGEMENT AND OPERATION OF THE ECONOMIC DEVELOPMENT AGENCY AND RESCINDING RESOLUTION NUMBERED 91-99. (R6) RES. 91-143 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, RESCINDING RESOLUTION NUMBER 99-101 PERTAINING TO THE ESTABLISHMENT OF CERTAIN CITY POSITIONS TO STAFF THE ECONOMIC DEVELOPMENT AGENCY. (R7A) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING THE ECONOMIC DEVELOPMENT AGENCY MANAGEMENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN. * (R9) *Note: This resolution (R-9) was adopted as a Mayor and Council agenda item and was assigned Resolution No. 91-144. The title of the resolution was in error and should have been listed as a Community Development Commission item. Resolution No. 91- 144 was reassigned to item No. 62. Council Member Maudsley made a motion, seconded by Council Member Estrada, that said resolutions be adopted. Resolution following vote: Mauds ley, Minor, None. Nos. 91-142 and 91-143 were adopted Ayes: Council Members Estrada, Reilly, Pope-Ludlam, Miller. Nays: None. by the Flores, Absent: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA UNDERTAKING CERTAIN REDEVELOPMENT ACTIVITIES. (R14C) 23 4/15/91 The Council, acting as the Commission Development Commission, discussed financing options for the Southeast Industrial Park Redevelopment Project Area. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that this matter be continued to the afternoon session, to allow Agency attorney time to contact the County regarding alternate sources of security in lieu of a letter of credit. (See page 35) RECESS MEETING At 12:42 p.m., Mayor Holcomb recessed the Regular Meeting of the Mayor and Common Council to a luncheon workshop in the Management Information Center to discuss the Congestion Management Plan. RECONVENE MEETING - LUNCHEON WORKSHOP At 12:58 p.m., Mayor Holcomb called the luncheon workshop to order in the Management Information Center (MIC) Room, Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Flores, Maudsley, Minor, Pope- Ludlam, Miller. City Attorney Penman, Deputy City Clerk Jones, City Administrator Edwins. Absent: Council Member Reilly. CONGESTION MANAGEMENT PLAN This is the time and place set for a luncheon hear a report on the Congestion Management Plan. (56) workshop to In a memorandum dated March 12, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that SANBAG has been designated as the responsible agency for development of the Congestion Management Plan (CMP) as required by Proposition 111, passed by the voters in June, 1990. SANBAG intends to serve in the capacity of coordinator for major developments in order to ensure that regional traffic impacts are addressed. Ty Schuiling, Director of Comprehensive Planning for SANBAG, gave an overview of the Congestion Management Plan (CMP), which is currently being developed by JHK & Associates, consultants to SANBAG. The requirement for congestion management planning provides a tool to meet several objectives: to maintain or improve the performance level of the regional transportation system: to help focus available transportation funding on regionally significant facility and service needs: 24 4/15/91 to provide for technical consistency and coordination among neighboring jurisdictions: enhance to ensure consideration of the impacts of new development on the regional transportation system and provide means to develop and test mitigations: and to promote air quality through implementation of strategies contained within the Regional Transportation Plan and the appropriate Air Quality Plan. Mr. Schuiling stated that to meet these objectives, the Congestion Management Plan includes: an element that defines the regional system of roadways and designates level of service standards to be maintained on the system: transit routing and frequency standards: a trip reduction and travel demand element: a program to analyze the impacts of land use decisions on the regional transportation system: a seven-year capital improvements program to maintain or improve traffic and transit performance, and to mitigate impacts on the regional system identified by the land use/transportation program. The proposed capital improvements must conform to air quality transportation control measures. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 1: 15 p. m., Council Member Pope-Ludlam left the Council meeting. Kerry Forsythe of SANBAG gave a report on SANBAG's approach to congestion management planning. He reported that the Congestion Management Plan will benefit both the regional transportation system and local agencies' planning efforts. The Congestion Management Program imposes responsibilities on SANBAG and the local agencies, and also imposes penalties for failure to fulfill these responsibilities. Failure of SANBAG to fulfill these responsibilities could comprise grounds for legal action. Mr. Forsythe stated that the local agencies responsibilities include: use of consistent LOS methodologies, performance standards, and travel forecasting techniques: 25 4/15/91 adoption and implementation of trip reduction and travel demand ordinances: implementation of the land use/transportation impacts evaluation program: participation in annual monitoring activities, maintenance of acceptable performance levels on the system, or if necessary, to designate individual segments or deficient intersections through adoption and submission of a Deficiency Plan to remedy the problem to SANBAG. COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council meeting. A City's plan. discussion ensued regarding whether or not it is the responsibility to come up with a mitigated deficiency Mr. Schuiling pointed out that SANBAG's responsibility is to make sure that the cities and counties implement the Congestion Management Plan. Anwar Wagdy, City Traffic Engineer, Public Works Department, answered questions regarding the criteria for determining development fees that would be used to mitigate a deficiency plan. Mayor Holcomb indicated that the day for free parking in the downtown area may soon be over. He proposed that the City consider charging the public to park in the downtown area. No action was taken. RECESS MEETING At 1:49 p.m., the luncheon workshop recessed to 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:03 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 with the following being present: Mayor Holcomb: Council Members Reilly, Flores, Maudsley, Minor, Pope- Ludlam. City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Members Estrada, Miller. 26 4/15/91 COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 2:03 p.m., the Regular meeting of the Community Development Commission was called to order by Chairman Holcomb in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The Mayor and Council, acting as the Community Development Commission, took action on the remaining items on the Community Development Commission agenda. COUNCIL MEMBERS ESTRADA AND MILLER RETURNED At 2:07 p.m., Council Members Estrada and Miller returned to the Council meeting and took their places at the council table. CITY ATTORNEY PENMAN EXCUSED City Attorney Penman left replaced by Senior Assistant City the Council meeting Attorney Barlow. and was APPEAL - REVOCATION OF CONDITIONAL DEVELOPMENT PERMIT NO. 198 - CIVIC CENTER MOTEL - 665 NORTH "D" STREET- CONTINUED FROM FEBRUARY 4, 1991 (60) This is the time and place continued to for an appeal on the revocation of Conditional Development Permit No. 198 for the Civic Center Motel located at 665 North "D" Street. The appeal was filed by Frank A. Weiser, Attorney at Law, representing Lei and Cindy Wang, owners of the Civic Center Motel. In a memorandum dated January 25, 1991, Dennis Barlow, Senior Assistant City Attorney, provided a brief response to the legal issues raised in the appeal filed by Frank A. Weiser, on behalf of Lei and Cindy Wang. In a memorandum dated January 7, 1991, Larry Reed, Director, Planning and Building Services, stated that Conditional Development Permit (CDP) No. 198, for the construction and operation of a fifty-unit motel at 655 "D" Street, was approved by the Mayor and Council on May 13, 1960. After a long history of code violations and criminal activity, the Director of Planning and Building Services initiated Conditional Use Permit No. 198 revocation proceedings before the Planning Commission. Larry E. Reed, Director of Planning and Building Services, gave background information concerning the revocation of Conditional Development Permit No. 198. Henry Empeno, Deputy City Attorney, representing the Planning and Building Services Department, described the nine exhibits appearing in the staff report of documentary evidence and testimony presented at the public hearings of the Planning Commission. 27 4/15/91 Deputy City Attorney Empeno suggested that the Council approve Motion No. 1 which closes the hearing and denies Conditional Development Permit No. 198, based on the evidence and lengthy hearings before the Planning Commission, documentation presented before the Council, crime problems, public nuisance, prostitution problems, and long history of building code violations. Mayor Holcomb opened the hearing. Frank Weiser, Attorney, 3460 Wilshire Boulevard, Los Angeles, Ca., representing Cindy Wang, owner of the Civic Center Motel, introduced Andrew Gunn, Co-Counsel in the case. Both Messrs. Weiser and Gunn stated that they were not allowed to make closing arguments during the Planning Commission meetings. Mr. Weiser cited reasons why the revocation of Conditional Use Permit No. 198 should be overruled. He stated that the new owner has a qualified buyer. That buyer presented to the Planning Commission plans to correct the negative conditions that are being alleged by the Planning Commission. Mr. Weiser felt that the Planning Commission did not have to revoke the permit, but could have assessed certain conditions or restrictions on the running of the motel, assisted with the Court action that the City previously filed. Mr. Weiser stated that because of the harsh remedy that has been imposed on the owner of the motel, the property has gone down substantially in value. Mr. Weiser stated that he will proceed with an inverse condemnation suit at least for the amount that the client has to expend fixing the property without any guidance from the City. Mayor Holcomb inquired as to whether or not due process was granted. Deputy City Attorney Empeno stated that numerous hearings and testimony, and numerous documents were presented before the Planning Commission. Mayor Holcomb questioned whether or not legal right to revoke the certificate Conditional Use Permit No. 198. the City has the of occupancy on Mr. Weiser stated that the declarations that were presented before the Planning Commission constitute hearsay evidence and that he did not have the opportunity to cross examine. Deputy City Attorney Empeno answered questions and stated that the applicant's attorney had the opportunity to cross examine var10US City employees at the Planning Commission meetings, and other witnesses who testified at the hearings. 28 4/15/91 Mr. Weiser inquired if the burden of proof rested upon the Planning Commission. Deputy City Attorney Empeno stated that these declarations submitted to the Council are the same declarations presented to Judge Kennedy of San Bernardino Municipal Court. Judge Kennedy acted upon these declarations by issuing a temporary restraining order and preliminary injunction closing down the motel. That injunction remains in force today. Senior Assistant City Attorney Barlow stated that hearsay evidence is admissible in administrative hearings of all typ~s. Hearings are not conducted according to the technical rules of evidence which are codified in the States Statutes of the State's Administrative Procedures Act. He stated that hearsay evidence was admitted in this hearing at the Planning Commission level. However, there was a substantial amount of direct evidence, witnesses presented, and cross examination to support the decision of the Planning Commission. Mayor Holcomb recommended that the matter of due process be heard before a professional hearing officer, who is familiar with administrative law, and that recommendations be brought back to the Council. Andrew Gunn, Co-Counsel for the Wangs, 363 Sixth Street, San Bernardino, Ca., spoke regarding being unable to cross examine witnesses who testified at the Planning Commission hearing. He stated that he was unable to make contact with some of the witnesses as the declaration did not provide addresses of the witnesses. Mr. Gunn felt that his clients were treated unfairly in being required to correct the many code violations and then having the City take action to close down the motel. Mr. Gunn answered questions, stating he would be willing to stipulate to this matter being referred to an independent hearing officer, skilled in administrative law, to rule on the issue of whether or not a due process hearing had been conducted. It was the consensus of the Council that the appeal on the revocation of Conditional Development Permit No. 198 be continued to closed session. See page 37 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 15.73 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO CERTIFICATION OF JOURNEYLEVEL PLUMBERS. (Discussed from earlier in the meeting. See Page 22) FINAL (59) 29 4/15/91 Mayor Holcomb .announced that Don Magness, President of Pipefitters Plumbers Local 364, had withdrawn objections to the proposed ordinance and requested that the matter be tabled. Mayor Holcomb stated that if this ordinance is ever brought back before the Council for consideration, proper notification will be given to those who leave their names and addresses with the City Clerk. Council Member Minor made a motion, seconded by Council Member Reilly, that said ordinance relating to certification of journeylevel plumbers be tabled. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Miller. Nays: Council Member Flores. Absent None. PUBLIC HEARING - CHANGE THE LAND USE DESIGNATION FROM OIP TO IL - SOUTHWEST CORNER OF GEORGIA BOULEVARD AND CAMPEAU DRIVE - GENERAL PLAN AMENDMENT NO. 91-02 (62) This is the time and place set for a public hearing on General Plan Amendment No. 91-02 to change the land use designation from OIP (Office Industrial Park) to IL (Industrial Light) on 13.2 acres of land located on the southwest corner of Georgia Boulevard and Campeau Drive in the State College Business Park. In a memorandum dated April 1, 1991, Larry Reed, Director of Planning and Building Services, stated that the applicant, Charles T. Schultz, Reid & Hellyer, 599 North Arrowhead Avenue, San Bernardino, requested to change the General Plan land use designation from OIP, Office Industrial Park to IL, Industrial Light, on the southwest corner of Georgia Boulevard and Campeau Drive in the State College Business Park. The IL, Industrial Light designation, permits manufacturing, warehousing, research and development, mini-storage, outdoor display and storage. Mayor Holcomb opened the hearing. RES. 91-144 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-02 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (62) Council Member Miller made a motion, Member Minor, and unanimously carried, that and said resolution be adopted. Resolution No. 91-144 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, pope-Ludlam, Miller. Nays: None. Absent: None. seconded by Council the hearing be closed 30 4/15/91 COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council meeting. PUBLIC HEARING - ADOPTION OF AND RESOLUTION This is the time consider the adoption bounded by the I-215 Inland Center Drive. CENTRAL CITY SOUTH PLAN (63) and place set for a public hearing to of Central City South Plan on the area Freeway, Rialto Avenue, "E" Street and RES. 91-145 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING THE CENTRAL CITY SOUTH PLAN. (63) In a memorandum dated March 28, 1991, Larry Reed, Director of Planning and Building Services, stated that staff has had a difficult time interpreting the Central City South Overlay District and had met with a subcommittee of the Council, Mayor and Development Department staff to clarify the intent of the document. As a result of these meetings, the document was revised and named the Central City South Plan. The Planning Commission did not concur with staff's proposal and recommended that the Mayor and Council modify the land use designations and boundaries. The Planning Commission felt that the CCS-1, General Commercial designation could include entertainment and office uses. They recommended that the CCS-1 designation include the bulk of the area between the freeway and "G" Street, Rialto Avenue and Mill Street with expanded service designation locations along Mill Street: and that all the area south of Mill Street (excluding the flood control) be designated CCS-1 and that the Light Industrial designation be dropped. Mayor Holcomb opened the hearing. Larry Reed, Director of Planning and Building Services, stated that most of the land use designations of CCS-2, Regional Entertainment and Office, has been renumbered to CCS-1, General Commercial, to allow regional entertainment type uses. He stated that CCS-1 provides for greater flexibility. A.C. Nejedly, 6141 Riverside Avenue #3, Riverside, CA 92506, owner of property located on Velarde Street, requested that the land use designation be changed to CCS-1, General Commercial. Timothy C. Steinhaus, Administrator, Economic Development Agency, recommended designating the entire Central City South area as CCS-1, with a conditional use permit, to give preferred flexibility to attract developers. He stated that restricting the use to CCS-2 would put unnecessary constraints on developers, as well as the Redevelopment Agency. 31 4/15/91 Richard Herman, P. O. Box 25398, Los Angeles, CA 90025, owner of property at 708 & 740 W. Mill Street, preferred that the land use designation remain CCS-3, Service Commercial. Larry Reed explained that today' s action would the land use designation for Mr. Herman's property, change the land use designation for the portion designated CCS-2, Regional Entertainment and Office, General Commercial. not change but would of land to CCS-1, John Lightburn, P. O. Box 1622, San Bernardino, Ca., stated he represented George Roberts, who has plans to develop additional commercial retail uses, within the projected boundaries of Mill Street, Crescent Street, College Drive, .and "H" Street. Mr. Lightburn requested that the land use designation be changed to CCS-1, General Commercial. Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that the hearing be closed: that the negative declaration and the resolution with Exhibit "A", dated February 19, 1991, be adopted as amended by the Economic Development Agency to change all land use designations from CCS-2 to CCS-1. Resolution No. 91-145 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Nays: None. Absent: Council Member Miller. RECESS MEETING At 3:19 p.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 3:30 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 with the following being present: Mayor Holcomb: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller: Senior Assistant City Attorney Barlow, City Clerk Krasney, City Administrator Edwins. Absent: Council Member Pope-Ludlam. FUNDING ASSISTANCE IN AMOUNT OF $80,000 - INLAND EMPIRE SYMPHONY ASSOCIATION - CONTINUED FROM EARLIER IN THE MEETING. SEE PAGE 10 (8) This is the time and place continued to from earlier in the meeting to consider a request for financial assistance in the amount of $80,000 by the Inland Empire Symphony Association. 32 4/15/91 Mayor Holcomb stated that Bond Counsel for the Economic Development Agency has indicated that the City can use windfall proceeds from the refunding of library and fire station bonds as a funding source. Council Member Maudsley made a motion, seconded by Council Member Miller, that the request from Inland Empire Symphony Association for funding assistance in the amount of $80,000 be approved and that the Director of Finance be authorized to prepare the necessary agreement authorizing the use of the funds: and further that the City Administrator be directed to look into alternate sources of funding through Economic Development Agency's (EDA) profit from bond refunding. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Nays: Council Member Flores. Absent: None. Council Miller. ESTABLISHMENT OF NEW CLASSIFICATION - POLICE SERVICES ADMINISTRATOR POLICE DEPARTMENT CONTINUED FROM EARLIER IN THE MEETING. SEE PAGES 6 & 16 (13) This is the time and place continued to from earlier in the meeting to consider establishment of a new classification of Police Services Administrator in the Police Department. A discussion ensued regarding use of assessment district proceeds to hire additional police officers. Police Chief Robbins stated that the assessment district proceeds will be used to fund a total of 48 positions. Of the 48 positions, 23 are for sworn police officers and 25 are non-sworn positions. The proposed request to establish a Police Services Administrator position in the Police Department is based on the development of a five-year plan that calls for a portion of the department to be civilianized. A discussion ensued regarding the costs to the general fund to fund this position. Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that the classification of Police Services Administrator (U) be established with the salary set at Range 4429 - $3768 - $4580, be approved. Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that the Personnel Department update Resolution No. 6413, Section 14, and Resolution No. 6433. 33 4/15/91 RES. 91-146 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF LEASE WITH EDGEHILL VILLAGE HOMEOWNER'S ASSOCIATION, RELATING TO CERTAIN REAL PROPERTY SITUATED EAST OF LITTLE MOUNTAIN DRIVE AND BEING THE SOUTHERLY HALF OF VACATED EDGEHILL ROAD. (Continued from earlier in the meeting. See page 12) (27 ) City Attorney Penman stated that the lease agreement had been amended on pages five and six. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that said resolution be amended and adopted as amended. Resolution 91-146 was adopted by the following vote: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Ludlam, Miller. Nays: None. Absent: None. Ayes: Pope- RES. 91-147 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE MIDDLE MANAGEMENT BARGAINING UNIT OF THE CITY OF SAN BERNARDINO REPRESENTED BY SBPEA. (Continued from earlier in the meeting. See page 21) (57) This is the time and place continued to from earlier in the meeting to approve a resolution implementing a Memorandum' of Understanding between the City and employees in the Middle Management Bargaining Unit. City Administrator Edwins stated that the employees of the Middle Management Bargaining Unit have agreed to the Memorandum of Understanding. Council Member Pope-Ludlam made a motion, seconded by Council Member Minor, that said resolution be adopted. Ayes: Miller. Estrada. Resolution No. 91-147 was adopted by the following vote: Council Members Reilly, Maudsley, Minor, Pope-Ludlam, Nays: Council Member Flores. Abstain: Council Member Absent: None. PUBLIC HEARING - ESTABLISHING AND MODIFYING FEES FOR PLANNING DIVISION SERVICES - CONTINUED FROM APRIL 1, 1991 (61) This is the time and place continued to from April 1, 1991, for a public hearing to consider establishing and modifying fees for Planning and Building Division services. In a memorandum dated February 21, 1991, Larry E. Reed, Director of Planning and Building Services, requested adoption of the resolution modifying the Planning Division fee schedule and 34 4/15/91 establishing new fees for Planning Services as required by the adoption of the Development Code. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 83-201, AND REPEALING RESOLUTION NO. 89- 471, MODIFYING FEES FOR PLANNING SERVICES AND ESTABLISHING NEW FEES FOR PLANNING SERVICES. (61) Council Member Reilly made a motion, seconded by Council Member Estrada, and unanimously carried, that the proposed resolution modifying fees for Planning Services and establishing new fees for Planning Services be continued to 10:00 a.m., Wednesday, April 17, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING- CONTINUED FROM EARLIER IN THE MEETING. SEE PAGE 23 This is the time and place continued to from earlier in the meeting regarding a report from Agency counsel on contact made with the County concerning their acceptance of an alternate source of security in lieu of letters of credit. Timothy C. Steinhaus, Administrator, Economic Development Agency, stated that the attorney representing the Agency tried to contact the County, but was unsuccessful. Mr. Steinhaus requested that the matter be continued until Wednesday, April 17, 1991. COUNCIL Council meeting. MEMBERS ESTRADA, REILLY, MINOR EXCUSED Members Estrada, Reilly, Minor left the Council RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA UNDERTAKING CERTAIN REDEVELOPMENT ACTIVITIES. (R14C) Council Member Maudsley made a motion, seconded by Council Member Flores, that said resolution be continued to 10:00 a.m., Wednesday, April 17, 1991, in the Council Chambers, 300 North "D" Street, San Bernardino, California, with a report back on the County's acceptance of alternative sources of security in lieu of letters of credit. The motion carried, by the following vote: Members Flores, Maudsley, Pope-Ludlam, Miller. Absent: Council Members Estrada, Reilly, Minor. Ayes: Nays: Council None. 35 4/15/91 RECESS MEETING - CLOSED SESSION At 3:57 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: (1 & R-18) 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: ; to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6; and to discuss the appeal on the revocation of Conditional Development Permit No. 198 for Civic Center Motel, 665 North "D" Street. CLOSED SESSION At 3:57 p.m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of City Hall, 300 NOrth "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Pope- Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Member Estrada. Also Economic Assistant present: Timothy C. Steinhaus, Administrator of the Development Agency, J. Lorraine Velarde, Executive to the Mayor. COUNCIL MEMBER ESTRADA ARRIVED Council Member Estrada arrived at the closed session. ADJOURN CLOSED SESSION At 4:25 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 4:29 p.m., Mayor Holcomb reconvened the Regular meeting of the Mayor and Common Council in the Council Chambers of C~ty Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: None. 36 4/15/91 APPEAL - REVOCATION OF CONDITIONAL DEVELOPMENT PERMIT NO. 198 - DISCUSSED IN CLOSED SESSION - (CONTINUED FROM EARLIER IN THE MEETING. SEE PAGE 27) (60) Mayor Holcomb announced that in closed session, the Council voted to approve a process of referring the revocation of C.D.P. No. 198 to a skilled hearing officer, who has a background in administrative law, subject to the concurrence of the appellant, with the intent that this not be a de novo, but rather a hearing on the due process issues which have been raised. Attorney Weiser requested clarification as to whether or not the hearing will be a binding hearing. Mayor Holcomb stated that this hearing with the hearing officer is merely advisory to the Mayor and Council. Attorney Weiser requested a right to stipulate with the City as to the identity of the hearing officer. City Attorney Penman replied that the City will probably choose the hearing officer. Attorney Weiser requested a list of the hearing officers to be selected to conduct the hearing. Mayor Holcomb explained that the City is trying to assure a process of an impartial independent hearing officer that both parties can agree to. If both parties cannot agree to the selection of a hearing officer, then the matter will be brought back and referred to the Superior Court to select the hearing officer. Ci ty Attorney Penman questioned Mr. Weiser, Mr. Gunn and Mrs. Wang if they all agreed to waive any rights in terms of timeliness; and if all parties agreed to waive any rights to raising any objections in terms of timeliness imposed by the hearing officer. Mr. Weiser, Mr. Gunn, and Mrs. Wang agreed to waive any rights to raising any objections in terms of timeliness imposed by the hearing officer. Council Member Reilly made a motion, seconded by Council Member Miller, that the process of referring this matter to a skilled hearing officer who has a background in administrative law, subject to the concurrence of the appellant, with the intent that this not be de novo, but rather a hearing on the due process issues which have been raised, be approved. 37 4/15/H The motion carried by the following vote: Members Reilly, Maudsley, Pope-Ludlam, Miller. Members Estrada, Flores, Minor. Absent: None. Ayes: Nays: Council Council ADJOURNMENT At 4:34 p.m., the meeting adjourned to Wednesday, April 17, 1991, in the Council Chambers 300 North "D" Street, San Bernardino, California. 10:00 a.m., of City Hall, RACHEL KRASNEY City Clerk , Deputy City Clerk No. of Items: 72 No. of Hours: 8 hours 38 4/15/91