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HomeMy WebLinkAbout05-06-1991 Minutes City of San Bernardino, California May 6, 1991 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 8:32 a.m., Monday, May 6, 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 Reilly, Flores, Maudsley, Minor; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Members Estrada, Pope- Ludlam, Miller. RECESS MEETING At 8:33 a.m., the Mayor and Development Commission recessed 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: (1 ) Common Council and Community 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; 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 1 5/6/91 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: Citv of San Bernardino vs. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239193; Stubblefield Construction Company. et al vs. City of San Bernardino. et al - San Bernardino Superior Court Case No. 242998; San Bernardino Superior Court Case No. 252058; Sock Dawson. et al vs. City of San Bernardino. et al- United States District Court Case No. SA 88-461 AHS (RWRx); City of Redlands vs. Inland Vallev Develo~ment Aaencv. 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 (RDA) - San Bernardino Superior Court Case No. 258241. Citv of Indians. 6899 WJR San Bernardino vs. et al - United States (Bx) ; San Manuel Band of Mission District Court - Case No. 85- Citv of San Bernardino vs. Dykes - San Bernardino Super~or Court Case No. 254883; Dennison vs. Tidwell 10fficer Hiaains) United States District Court Case No. SA CV90-458 GLT (RWRx); Walker vs. City of San Bernardino. et al - San Bernardino Superior Court Case No. 224933 Supreme Court of California, Fourth Appellate District, Division Two No. E007285, S019584; Santiaao vs. City of San Bernardino Superior Court Case No. 260459. San Bernardino CLOSED SESSION At 8:33 a.m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor. City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Members Estrada, Pope-Ludlam, Miller. 2 5/6/91 Also present: J. Lorraine Velarde, Executive Assistant to the Mayor, Deputy City Attorney Simmons. READING OF RESOLUTIONS AND ORDINANCES Deputy City Clerk Jones read the titles of all the resolutions and ordinances on the regular, supplemental and Community Development Commission agendas. COUNCIL MEMBERS POPE-LUDLAM AND ESTRADA ARRIVED Council Members Pope-Ludlam and Estrada arrived at closed session. SENIOR ASSISTANT CITY ATTORNEY BARLOW ARRIVED Senior Assistant City Attorney Barlow arrived at closed session. SENIOR ASSISTANT CITY ATTORNEY MARTIN ARRIVED Senior Assistant City Attorney Martin arrived at closed session. POLICE SERGEANT ERNIE TULL ARRIVED Police Sergeant Ernie Tull arrived at closed session. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the closed session. ADJOURN CLOSED SESSION At 9:28 a.m., the closed session adjourned to the Regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 9:33 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 with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Member Pope-Ludlam. INVOCATION The invocation was given by Rev. Gene Fenton of Trinity Lutheran Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Flores. 3 5/6/91 ANNOUNCEMENTS - EMERGENCY MEDICAL CHIEF WRIGHT Fire Chief William Wright spoke regarding Medical Service Fee Program and explained that period for the Paramedic Membership program will month of June. The program has a $24.00 annual for paramedic response services for City of residents. SERVICE FEE - FIRE (2) the Emergency the enrollment be through the membership fee San Bernardino COUNCIL MEMBER At 9:43 a.m., Council meeting and POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived took her place at the council table. at the Mayor Holcomb endorsed a facsimile of a check on which the City Administrator and members of the Council each pledged $24.00 for enrollment into the Emergency Medical Service Fee Program. Everett White, check in the sum members' enrollment Chairman of the Fire Commission, of $144 representing the Fire into the Program. presented a Commission Mayor Holcomb encouraged the public to participate in the Emergency Medical Service Fee Program. PRESENTATIONS SAN BERNARDINO VALLEY CONCERT ASSOCIATION (4) Linda Kuehne, President, San Bernardino Valley Concert Association, presented Mayor Holcomb with a plaque in appreciation of the City's financial assistance in supporting the San Bernardino Valley Concert Association. Mayor Holcomb accepted the plaque on behalf of the City of San Bernardino. PROCLAMATION - DAY OF THE TEACHER - WEDNESDAY MAY 8, 1991 SAN BERNARDINO VALLEY DIVISION/CALIFORNIA RETIRED TEACHERS ASSOCIATION (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino proclaiming Wednesday, May 8, 1991, as "Day of the Teacher" in the community and encouraging all citizens to pay tribute to school teachers throughout the City. Ms. Halle Reising, President of the San Bernardino Teachers Association, accepted the proclamation. PROCLAMATION - BE KIND TO ANIMALS WEEK - MAY 5 THROUGH 11, 1991 - SAN BERNARDINO VALLEY HUMANE SOCIETY (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino, proclaiming the week of May 5, through 11, 1991, as "Be Kind to Animals Week" in the City of San Bernardino. This resolution was 4 5/6/91 presented in support of the 76th Anniversary of the American Humane Association. Debi Biggs, Director of Animal Control, accepted the proclamation. Carolyn Anderson, President of the Humane Society, thanked the Mayor and Council for their support. She recognized volunteers in the audience who worked at the Humane Society and also introduced Ms. Carol Schoinet, General Manager of the Humane Society. PROCLAMATION THROUGH 11, ASSOCIATION J. Lorraine Velarde, Executive Assistant to the a proclamation of the Mayor of the City of San proclaiming the week of May 5 through 11, 1991 as Pornography Week" in the City of San Bernardino. - VICTIMS OF PORNOGRAPHY WEEK - 1991 INLAND EMPIRE AMERICAN MAY 5 FAMILY (4) Mayor, read Bernardino, "Victims of Ms. Bobby Huddleston, Project Chairperson, Inland Empire American Family Association, accepted the proclamation. PROCLAMATION - TOURISM AWARENESS DAY - MAY 10, SAN BERNARDINO CONVENTION AND VISITOR'S BUREAU J. Lorraine Velarde, Executive Assistant to the a proclamation of the Mayor of the City of San proclaiming May 10, 1991, as Tourism Awareness Day. 1991- (4) Mayor, read Bernardino, Dan Stark, Executive Director of the San Bernardino Convention and Visitor's Bureau, accepted the proclamation. Mr. Stark introduced members of the Bureau, Vice Chairman of the Board of Directors Pat Caffery, Tom Weiland, General Manager of the San Bernardino Hilton, and Karl Ruether, General Manager of the Maruko Hotel Convention Center. The proclamation was accepted by Mr. Stark. RESOLUTION COMMENDING- PICA PEOPLE INVOLVED IN COMMUNITY AFFAIRS (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution of the Mayor of the City of San Bernardino, commending PICA, People Involved in Community Affairs, for their outstanding contributions in helping the youth at the Delmann Heights Community Center. Dennis Overton, a representative of PICA, accepted the commendation. 5 5/6/91 RESOLUTION COMMENDING - GRUPO FOLKLORICO CALIFORNIA (4 ) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution of the Mayor of the City of San Bernardino, commending Grupo Folklorico California for their outstanding contributions and dedication in the preservation of Mexico's folklorico dance and increasing the understanding of Hispanic folklore. Rosana Carrasco accepted the resolution. SENIOR CITIZEN OF THE YEAR 1991 AWARD - FAY RODGERS (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution of the Mayor of the City of San Bernardino, commending Fay Rodgers for her many outstanding contributions to the City of San Bernardino. Mrs. Rodgers was also recognized as the Parks, Recreation and Community Service Department's Senior Citizen of the Year for 1991. Mrs. audience. Citizen of Rodgers introduced friends and volunteers in the Mrs. Rodgers accepted the resolution and the Senior the Year Award for 1991. Mayor Holcomb presented resolutions of recognition to Mrs. Rodgers from the Office of Governor Pete Wilson of the State of California and from the County of San Bernardino Board of Supervisors. Dan Torres, representing Senator Ruben Ayala's Office, presented a resolution commending Fay Rodgers for her outstanding contributions to the community, and also a certificate of recognition from Assemblyman Jerry Eaves'. PUBLIC ANNOUNCEMENT - PRIME TIME CHORALIERS (4) J. Lorraine Velarde, Executive Assistant to the Mayor, announced that the Prime Time Choraliers will be performing a full concert May 19, 1991 at 3:00 p.m.. at the First Congregational Church, 3041 Sierra Way, San Bernardino. PUBLIC COMMENTS - SUSAN JOHNSON - INSTALLATION OF A STOP SIGN AT LITTLE MOUNTAIN DRIVE AND RESERVOIR DRIVE ( 3) Susan Johnson, a resident on Sundance Drive, presented a petition signed by residents of Reservoir and Sundance Drive requesting installation of a stop sign on Little Mountain Drive at Reservoir Drive due to increased traffic in the area. Mayor Holcomb stated that since no action can be taken during public comments, this matter will be referred to the Traffic Safety Committee for review. 6 5/6/91 PUBLIC COMMENTS - JOHN LIGHTBURN - GOLDEN EAGLE MOTEL- 668 N. "E" STREET - WITHDRAWAL OF BUILDING PERMIT (3) John Lightburn, P.O. Box 1622, San Bernardino, on behalf of Mr. Yang and Jennie Yang, presented a letter of request for a building permit to make structural repairs to the Golden Eagle Motel located at 668 W. 5th Street. Mr. Lightburn requested to be heard at the next Council meeting. City Attorney Penman explained to the Council that the location of the Golden Eagle Motel is not properly zoned for a motel. Since the motel has been in a state of non-occupancy for over six months, the conditional use permit has automatically become invalid. Mr. Penman stated that the Golden Eagle Motel does not need a permit to do repairs because it cannot reopen under the current zoning laws. Mayor Holcomb advised Mr. Lightburn that action cannot be taken under public comments, but that the matter will be placed on the agenda to be discussed at the next Council meeting. PUBLIC COMMENTS - BOB NEVES - REQUEST FOR MEMBERSHIP TO VARIOUS CITY COMMISSIONS OF THE CITY (3) Bob Neves, 3771 N. Aspen Drive, San Bernardino, presented a letter of qualifications to the Council listing the various City commissions and committees on which he has served. He requested an opportunity to volunteer six to eight hours as a consultant or member to any of the City's commissions. PUBLIC COMMENTS APARTMENTS Don Young, 2782 18th Street, San concern regarding the City conducting Emmerton School regarding the closure of Apartments. DON YOUNG ARDEN AND GUTHRIE ( 3) Bernardino, expressed a second meeting at the Arden and Guthrie Council Member Miller suggested that Mr. Young contact her office to schedule an appointment to discuss the status of the Arden and Guthrie Apartments. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 10:28 a.m., Council Member Pope-Ludlam left the Council meeting. APPOINTMENT COMMISSION In a memorandum dated April Mayor, on behalf of Council appointment of Philip E. Paule, Parks and Recreation Commission. PHILIP E. PAULE PARKS, RECREATION (4) "Bob" Holcomb, requested the Member to the 19, 1991, W. R. Member Minor, as an Alternate 7 5/6/91 Council Member Minor made a motion, seconded by Council Member Flores, and unanimously carried, to approve the appointment of Philip E. Paule as an Alternate Member to the Parks and Recreation Commission, per Council Member Minor's request. WAIVE READING OF RESOLUTIONS AND ORDINANCES (5) Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas, be waived. APPROVAL OF COUNCIL MINUTES - JANUARY 22, 1991, MARCH 11, 1991 AND MARCH 18, 1991 (6) Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino, be approved as submitted in typewritten form: January 22, 1991, March 11, 1991 and March 18, 1991. INITIATION OF GENERAL PLAN AMENDMENT - NORTHWEST CORNER OF BELLEVIEW AND "K" STREETS (7) In a memorandum dated April 10, 1991, Council Member Jess Flores requested the initiation of a General Plan Amendment for the northwest corner of Belleview and "K" Streets. The RS designation permits single family dwelling units at a density of 4.5 units per acre. The site contains a small "mom and pop store" which has been in operation for a number of years. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the Department of Planning & Building Services be directed to initiate a General Plan Amendment for the northwest corner of Belleview Street and "K" Street and that the sum of $25 be appropriated from Account No. 772-171-24515 to cover the cost of a Notice of Deminimis Impact which is required by the County of San Bernardino. AUTHORIZATION TO HIRE PART-TIME MONITORS FOR SUMMER FOOD SERVICE FOR CHILDREN'S PROGRAM (8) In a memorandum dated April 8, 1991, Annie F. Ramos, Director of Parks, Recreation and Community Services, requested authorization to hire six part-time summer lunch monitors for summer food service for children's programs. These monitors are required by the U.S.D.A to visit a sponsor's site daily to review and evaluate the program's operation. The summer lunch monitors' wages and mileage reimbursements are paid through the Summer Food Service Grant. Council Member Minor made a Member Miller, and unanimously Recreation and Community Services hire six (6) part time summer lunch motion, seconded by Council carried, that the Parks, Department be authorized to monitors. 8 5/6/91 PURCHASE AND INSTALLATION OF PLAY EQUIPMENT AT 40TH STREET TOT LOT - FOURTH WARD PARK EXTENSION FUNDS (9) In a memorandum dated April 23, 1991, Annie F. Ramos, Director of Parks, Recreation and Community Services, stated that the Women's Club of San Bernardino chose the 40th Street Park Tot Lot, located on the northwest corner of Mountain View Avenue, as a community service project to provide new play equipment and has contributed $4,084 for that purpose. The estimated cost for the equipment is $4,772. Ms. Ramos requested $800 from the Fourth Ward Park Extension Funds to assist in the purchase and installation costs of the play equipment. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that $800 from Fourth Ward Park Extension Funds for the purchase and installation of play equipment at the 40th Street Tot Lot, be approved. APPROVAL OF ONE-TIME, FREE-OF-CHARGE, RELEASE OF IMPOUNDED SHOPPING CARTS (10) In a memorandum dated April 18, 1991, Manuel Moreno, Jr., Director of Public Services, stated that the Department of Public Services has received complaints from stores who own shopping carts which were abandoned and have been recovered and impounded. The stores' management believe they were not properly notified of the City's plan to impound abandoned carts. In an effort to maintain goodwill in the community, a one-time free release of carts is being proposed. All impacted stores will be notified and will have the opportunity to collect all carts held at the City Yards, free of charge, by 3:00 p.m., on May 21, 1991. Any carts uncollected by this deadline, and any carts impounded subsequent to May 21, 1991, would be released only upon payment of the $15.00 per cart fee established by Resolution No. 90-180. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the one-time, free- of-charge, release of impounded shopping carts be approved as outlined in the staff report provided by the Director of Public Services, dated April 18, 1991. SEAL COATING AND STRIPING OF CENTRAL BUSINESS DISTRICT PARKING LOTS 1, 2, AND 3 APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS (13) In a memorandum dated April 22, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that plans for seal coating and striping Central City Business District Parking Lots 1, 2 and 3 have been prepared and the project is ready to be advertised for bids. The project consists of cleaning the existing pavement, sealing cracks, applying a seal coat, and repainting the striping and pavement markings. The estimated project cost is $48,000.00. 9 5/6/91 Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the plans for seal coating and striping Central Business District Parking Lots No. 1, 2 and 3, in accordance with Plan No. 8455, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids. AMEND BOUNDARIES OF ASSESSMENT DISTRICT 975 - MILL & PEPPER LANDSCAPE MAINTENANCE - AUTHORIZATION TO PROCEED (14 ) In a memorandum dated April 15, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that a petition has been received requesting the formation of an assessment district for the maintenance of landscaping along the major streets which border Tentative Tract No. 14938 and in a landscape easement lying within Lot 16 of said Tract. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the City Engineer and City Clerk be authorized to proceed with the expansion of boundaries of Assessment District No. 975 (Mill & Pepper Area Landscape Maintenance District) under the provisions of Chapter 12.90.060 of the San Bernardino Municipal Code and Section 3113 of the Streets and Highways Code of the State of California. FISCALINI FIELD AND PARKING LOT EXPANSION - SOUTH SIDE OF HIGHLAND AVENUE AT HARRISON STREET - ADOPTION OF NEGATIVE DECLARATION AND FINDING OF CONSISTENCY WITH GENERAL PLAN (15) In a memorandum dated April 10, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that the negative declaration for Public Works Project No. 91-01 was recommended for adoption by the Environmental Review Committee at its meeting of February 28, 1991. A 21-day public review period was afforded from March 7, 1991 to March 27, 1991. No comments were received. Public Works Project No. 91-01 is a proposal to resurface an existing dirt parking area with asphalt. The subject property consists of 0.92 acres, located on the south side of Highland Avenue, at the southern terminus of Harrison Street. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the negative declaration for Public Works Project No. 91-01, Fiscalini Field parking lot expansion, be adopted. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that a finding be made that Fiscalini Field parking lot expansion is consistent with the General Plan. 10 5/6/91 CHANGE ORDER NO. ONE INSTALLATION OF SIDEWALKS- WIDENING OF INTERSECTION AT VALENCIA AVENUE AND 21ST STREET, SOUTH SIDE, FROM CRESTVIEW AVENUE TO A POINT 372 FEET WEST - GOSNEY CONSTRUCTION (19) In a memorandum dated April 25, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, requested approval of Change Order No. One to the contract with Gosney Construction for the widening of the intersection of Valencia Avenue and 21st Street. A price quote of $24,689.00 was received from Gosney Construction which was less than the quoted price previously received from the traffic signal contractor. St. Bernardine Medical Center submitted a payment in the amount of $123,480, pursuant to the Development Agreement, to finance the cost of installing traffic signals at Valencia Avenue and 21st Street. The total estimated cost for installation of these traffic signals is $80,000, which will leave an available balance of $43,480. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that Change Order No. One to the contract with Gosney Construction for the installation of sidewalks at various locations, in accordance with Plan No. 8348, be approved; to authorize the widening of 21st Street (south side) from Crestview to a point 372 feet to the west, at an increase in the contract price of $24,689.00, from $75,540.80 to $100,229.80. CHANGE ORDER NO. ONE - STORM DRAIN ON MORGAN ROAD- STANLEY F. YELICH, INC. (20) In a memorandum dated April 25, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that during removal of the pavement over the trench in Morgan Road during installation of a storm drain, it became evident that the existing six feet of pavement between the storm drain and south curb was badly deteriorated. In order to obtain a good permanent patch over the trench, the Contractor was directed to remove the approximate six feet of pavement, and place new pavement in this area. The cost for this additional work, based upon actual costs incurred, is $9,780.00. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that Change Order No. One to the contract with Stanley F. Yelich, Inc., for the construction of storm drain in Morgan Road, in accordance with Plan No. 8133, authorizing the placement of additional asphalt pavement on Morgan Road, be approved, increasing the contract price by $9,780.00, from $257,151.50 to $266,931.50. 11 5/6/91 CLAIMS AND PAYROLL Council Member Minor made a motion, Member Miller, and unanimously carried, payrolls, and the authorization to issue the memorandum dated April 25, 1991, Finance, be approved. (21 ) seconded by Council that the claims and warrants as listed on from the Director of PERSONNEL ACTIONS (22) Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated April 18, 1991, in accordance with all administrative regulations of the City of San Bernardino, be approved. RES. 91-156 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO MAKE APPLICATION FOR AND ACCEPT A GRANT FROM U.S. DEPARTMENT OF AGRICULTURE (USDA) FOR ADMINISTRATION OF THE SUMMER FOOD SERVICE PROGRAM FOR CHILDREN FOR THE PERIOD JULY 1, 1991 THROUGH AUGUST 30, 1991. (26) RES. 91-157 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY AND CASA RAMONA, INC. RELATING TO THE OPERATION OF A DROP-IN CENTER LOCATED AT 1524 WEST 7TH STREET, SAN BERNARDINO, CALIFORNIA, TO EXTEND THE TERM OF THE AGREEMENT FOR AN ADDITIONAL ONE YEAR PERIOD. (27) Council Member Estrada stated that she would abstain from voting on this item. RES. 91-158 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT. (29) RES. 91-159 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A COMMON USE AGREEMENT WITH THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR THE CONSTRUCTION OF STREET AND FLOOD CHANNEL IMPROVEMENTS CONCERNING PROPERTY GENERALLY LOCATED AT THE INTERSECTION OF LITTLE LEAGUE DRIVE AND THE CABLE CREEK FLOOD CHANNEL. (31) 12 5/6/91 RES. 91-160 A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING ASSESSMENT ROLL NO. 993 FOR THE MAINTENANCE OF LANDSCAPING IN THE RETENTION BASINS LOCATED IN TRACTS NO. 14184 AND 14185 LOCATED GENERALLY SOUTHWEST OF CAJON BOULEVARD AT JUNE STREET IN THE CITY OF SAN BERNARDINO, AND APPROVING ASSESSMENT DIAGRAM MAP NO. 993. (32) RES. 91-161 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION RELATING TO MODIFICATION OF TRAFFIC SIGNALS AT UNIVERSITY PARKWAY AND KENDALL DRIVE (ROUTE 206) (33) RES. 91-162 - 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 MAGNOLIA AVENUE IS A THROUGH HIGHWAY AT ITS INTERSECTION WITH PICO AVENUE. (34) RES. 91-163 - RESOLUTION OF THE CITY OF APPROVING CONDITIONS FOR THE MERGER OF BERNARDINO WATER DISTRICT WITH THE BERNARDINO. SAN BERNARDINO THE SOUTH SAN CITY OF SAN (35) Council Member Minor made a motion, seconded by Council Member Miller, that said resolutions be adopted. Resolution Nos. 91-156, 91-157, 91-158, 91-159, 91-160, 91- 161, 91-162, and 91-163 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Nays: None. Absent: Council Member Pope-Ludlam. Abstain: Council Member Estrada - Item 27 only -- Res. 91-157. MC-783 - 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. FINAL (36) MC. 784 - 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. FINAL (37) Council Member Minor made a motion, seconded by Council Member Miller, that said ordinances be adopted. 13 5/6/91 Ordinances MC-783 and MC-784 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Nays: None. Absent: Council Member Pope- Ludlam. COUNCIL MEMBER POPE-LUDLAM RETURNED At 10: 36 a.m., Council Member Pope-Ludlam returned to the Council Meeting and took her place at the council table. RES. 91-164 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE FIRE SAFETY EMPLOYEES WORKING IN JOB CLASSIFICATIONS REPRESENTED BY FIRE FIGHTERS LOCAL 891. (28) Tom Parlett, President, Firefighters Local 891, 371 W. 14th Street, and Allen Simpson, Secretary/Treasurer of Local 891, spoke regarding the negotiations between the fire fighters and the City. Mr. Parlett stated that the Union and the City have reached a mutually agreed upon MOU that will be good for the City and the firefighters. Mr. Parlett recognized Mike Smith and Vice-President Ruben Hernandez as members of the negotiating team. Mr. Parlett added that the issue of Post Survivors Benefits was not yet resolved but hoped that this matter could be discussed during the next negotiation period. He stated that the agreed upon contract is for 18 months only and will expire in July, 1992. Mr. Parlett stated for the record that he appreciated the help the union received from City Administrator Edwins. Allen Simpson, Secretary/Treasurer of Local 891, expressed appreciation towards the City Administrator, Finance Director and Personnel Director for their assistance during negotiations. City Administrator Edwins thanked the Union for recognizing the City's financial conditions during the negotiations. Council Member Minor made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 91-164 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller, Nays: None. Absent: None. CHANGE ORDER NO. TWO PAVEMENT REHABILITATION- BASELINE STREET FROM MEDICAL CENTER DRIVE TO CRESTVIEW AVENUE - FONTANA PAVING, INC. (11) In a memorandum dated April 17,1991, Roger G. Hardgrave, Director of Public Works/City Engineer, requested approval of 14 5/6/91 Change Order No. Two to the contract with Fontana Paving, Inc., authorizing the repair of box culverts at "E" Street and "F" Street and the cleaning of box culverts at Waterman Avenue. Repair of these culverts will alleviate the flooding conditions, avoid having to excavate the rehabilitated street in the future, and mitigate any potential liability. Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding the percentage of Federal-Aid Urban funds that is being used to finance the extra work. Council Member Pope-Ludlam made a motion, seconded by Council Member Flores, and unanimously carried, that Change Order No. Two to the contract with Fontana Paving, Inc., for the pavement rehabilitation on Base Line Street, from Medical Center Drive to Crestview Avenue, in accordance with Plan No. 7870, be approved, authorizing the repair of box culverts at "E" Street and "F" Street, and the cleaning of box culverts at Waterman Avenue, for an estimated increase in the contract price of $32,000.00, from $774,520.85 to $806,520.85. INSTALLATION OF SEWER STATE STREET AND ROOSEVELT STREET - APPROVAL OF PLANS AND ADVERTISE FOR BIDS (12) In a memorandum dated April 23, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that plans for the project consists of extending a sewer main from the existing sewer at Colorado Avenue and Evans Street, to 2160 Roosevelt Avenue. The total estimated project cost is $78,700. Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding the project costs and the time frame for reimbursement of funds allocated from the Cajon Trunk Extension Account. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, and unanimously carried, that the transfer of $41,700 from Account No. 245-365-57731, Cajon Boulevard Trunk Extension - Cable Creek Channel to Little League Drive", to Account No. 245-365-57704, "City's Share of Main Extensions", be approved. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, and unanimously carried, that the plans for installation of a sewer main in State Street and Roosevelt Street, in accordance with Plan No. 844l, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. 15 5/6/91 CHANGE ORDER NO. ONE - EXTENSION OF CONTRACT FOR ONE- YEAR - SWEEPING SERVICES FOR CENTRAL CITY MALL PARKING LOTS AND THREE-LEVEL PARKING STRUCTURE - ARROW POWER SWEEPING (16) In a memorandum dated April 22, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, requested approval of Change Order No. One to the contract with Arrow Power Sweeping for extension of the contract for one year from July 1, 1991, to June 30, 1992, for sweeping services of the Central City Mall surface parking lots and the Three-Level Parking Structure. City Administrator Edwins pointed out that during the Agenda briefing, this item was recommended for referral to the Redevelopment Agency. Mayor Holcomb stated that the Redevelopment Agency will be asked to finance the sweeping services since this matter was originally a Redevelopment Agency project. Director extending the that the item source. Hardgrave recommended terms of the contract be come back at a later date that the change order approved, but requested to identify the funding Council Member pope-Ludlam made a motion, seconded by Council Member Reilly, and unanimously carried, that Change Order No. One to the contract with Arrow Power Sweeping, for the sweeping services for Central City Mall surface parking lots and Three-Level Parking Structure, in accordance with Plan No. 7085, be approved; and, to extend the contract for a period of one year, from July 1, 1991 to June 30, 1992, at no increase to the contract unit prices, for a total annual contract price of $47,698.00. CHANGE ORDER NO. THREE EXTENSION OF CONTRACT- REPAIR AND MAINTENANCE OF OVERHEAD DOORS INLAND OVERHEAD DOOR COMPANY (17) In a memorandum dated April 24, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, requested approval of Change Order No. Three to the contract with Inland Overhead Door Company to extend the terms of the contract for one year from July 1, 1991 to June 30, 1992. The contract requires Inland Overhead Door Company to repair and maintain electrical and manual roll-up doors, screens and bi-fold doors for City buildings at City Hall, Central City Mall, Central Stores, Central Garage, Fire Stations, Building Maintenance Shop, Community Maintenance Shop, Central Library and Seccombe Snack Bar. Council Member Maudsley made a motion, seconded by Council Member Miller, and unanimously carried, that Change Order No. Three to the contract with Inland Overhead Door Company, for 16 5/6/91 repair and maintenance of overhead doors in accordance with Plan No. 7663, be approved; to renew the contract for an additional one-year period, from July 1, 1991, to June 30, 1992, at no change in the contract unit prices. SEWER EXTENSION ON "K" STREET - APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS (l8) In a memorandum dated April 23, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that plans have been prepared for the project to extend a sewer main from the existing sewer in "I " Street to Parcel Map No. 7174 on "K" Street within sewer easements acquired by the developer. The total estimated project cost is $106,000. Director Hardgrave answered questions regarding the amount of funds remaining in the Cajon Boulevard Trunk Extension Account. Council Member Estrada made a motion, seconded by Council Member Flores, and unanimously carried, that the transfer of $19,000, from Account No. 245-365-57731, "Cajon Boulevard Trunk Extension Cable Creek Channel to Little League Drive", to Account No. 245-365-57704, "City's share of Sewer Main Extensions, be approved. Council Member Estrada made a motion, seconded by Council Member Flores, and unanimously carried, that the plans for extension of a sewer main to serve Parcel Map No. 7174 on "K" Street be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids. RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN RECORDS BY THE ANIMAL CONTROL DEPARTMENT (23) City Attorney Penman requested that the proposed resolution be continued to June 3, 1991. Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that said resolution be continued to June 3, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 91-165 - 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. (24) City Attorney Penman requested that Case No. VAP 353-03, line 17, page two, be deleted from the resolution. 17 5/6/91 Council Member Estrada made a motion, seconded by Council Member Miller, that said resolution be amended by interdelineation to delete Case No. VAP 353-03, page two, line 17 of the resolution; and that said resolution be adopted as amended. Resolution No. 91-165 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 TO THE AGREEMENT WITH SAN BERNARDINO BASEBALL CLUB, INC. RELATING TO THE USE OF FISCALINI FIELD BY LESSEE FOR NON-BASEBALL RELATED ACTIVITIES TO DELETE THE REQUIREMENT FOR CITY COUNCIL APPROVAL AND AUTHORIZE THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO APPROVE ALL USES OF THE FACILITY UNDER THE PROVISIONS OF SAN BERNARDINO CITY MUNICIPAL CODE, CHAPTER 12.80. (25) City Administrator Edwins stated that the proposed resolution came about as a result of action taken by the Mayor and Council which authorized the Director of Parks, Recreation and Community Services to approve certain minor events held at Fiscalini Field. This proposed amendment to the agreement with the San Bernardino Baseball Club, Inc., would delete the requirement for requests for non-baseball use at Fiscalini Field to be approved by the Mayor and Common Council. Mayor Holcomb stated that each of the requests made by the Spirit will continue to come before the Mayor and Council for approval. He stated that by authorizing the Director of Parks, Recreation and Community Services to approve non-baseball related uses of the Field, the approval process would be streamlined. City Administrator Edwins pointed out that the only change would be the level of approval for use of Fiscalini Field. She stated that instead of each request for use of the field coming to the Mayor and Council for approval, the request would be approved by the Director of Parks, Recreation and Communi ty Services. City Attorney Penman explained the reason for the Mayor and Council having to approve requests for use of the field. He stated that since there were difficulties in the relationship between the Spirit and the City, that if the Spirit wanted to have any activity at the Field, they would have to come before the Mayor and Council for approval. Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. 18 5/6/91 The motion failed by the following vote: Members Estrada, Reilly, Pope-Ludlam. Nays: Flores, Maudsley, Minor, Miller. Ayes: Council Council Members RES. 91-166 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF HIGHLAND RELATING TO THE INSTALLATION OF TRAFFIC SIGNALS AT THE INTERSECTION OF DEL ROSA DRIVE AND NINTH STREET. (30) Roger G. Hardgrave, Director of Public Works/City Engineer, answered questions, stating that the City of Highland has not contributed towards the installation of traffic signals at the intersection of Del Rosa and Ninth Street. The City of Highland will permit the work to be done within their jurisdiction and will reimburse the City for 25% of the costs incurred for maintenance of the traffic signals and street lights. Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 91-166 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. PUBLIC HEARING - ANNUAL PERMIT FEE AND FALSE ALARM FEE - ADOPTION OF RESOLUTION (38) In a memorandum dated March 29, 1991, Police Chief Daniel Robbins stated that Chapter 8.81 of the Municipal Code relating to security alarm systems was amended to allow for charging an annual permit fee for alarm holders. Additionally, fees will be charged on a false alarm basis. The fees set forth in the resolution would offset some of the costs of responding to false alarms. Police Officers currently respond to over 700 alarm activations per month; about 95% of these are false alarms. Mayor Holcomb opened the hearing. Police Chief Robbins answered questions regarding how an alarm is determined to be a false alarm. He stated that an officer is dispatched to the location in question to check the premises. At that time, the officer makes a determination as to whether or not the alarm is considered true or false. Discussion ensued regarding senior citizens being able to afford the proposed false alarm fees. Chief Robbins stated that the more frequent false alarm incidents occur in the commercial businesses districts and not too often in residential areas. 19 5/6/91 Council Member Reilly made a motion, seconded by Council Member Maudsley, that the hearing be closed; and said resolution be adopted. Resolution No. 91-167 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor. Nays: Council Members Estrada, Pope-Ludlam, Miller. Absent: None. RES. 91-168 - 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. (39) (Continued from April 15, 1991) Council Member Minor made a motion, seconded by Council Member Reilly, that said resolution be adopted. Mayor Holcomb answered questions regarding operation costs at the National Orange Show and explained that the City has been providing law enforcement to the National Orange Show for a number of years. He stated that this year's contract is more favorable than last year's and that the City will be able to recover more of its costs. Resolution No. 91-168 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 12.92.010 AND ADDING SECTION 12.92.035 TO THE SAN BERNARDINO MUNICIPAL CODE TO REQUIRE STREET WIDENING TO MATCH ADJOINING WIDENED SECTIONS. (40) Council Member Minor made a motion, seconded by Council Member Maudsley, and unanimously carried, that said ordinance be continued to May 20, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. TRANSFER OF RECRUITMENT AND TESTING ATTENDANT PERSONNEL FROM CIVIL SERVICE CONTINUED FROM APRIL 15, 1991 This is the time and place continued to for transfer recruitment and testing functions personnel from Civil Service to Personnel. FUNCTIONS AND TO PERSONNEL- (41) authorization to and attendant In a memorandum dated March 21, 1991, Barbara Dillon, Director of Personnel, recommended consolidating recruitment for all City positions under the Personnel Department. She stated that this will provide better customer service; a single point of response on recruitment for City departments and the public; 20 5/6/91 one-stop process for different types of recruitment; greater efficiency by eliminating dual staffing for the same function; and cost savings for the City. City Administrator Edwins reported on the Civil Service and Personnel Departments in functions of recruitment and testing of potential history of the performing the City employees. Warren Cocke, Chairman, Civil Service Commission, objected to the proposal to transfer recruitment and testing functions and attendant personnel from Civil Service to Personnel. A discussion ensued regarding the dual functions of recruitment performed by both departments. Chairman Cocke explained the differences of recruitment performed by the Civil Service Department and those of the Personnel Department. A detailed discussion ensued regarding the qualifications of the newly appointed Chief Examiner. City Attorney Penman outlined the duties of the Civil Service Commission as stated in the San Bernardino City Charter. He stated that the proposed action to transfer recruitment and testing functions and attendant personnel from Civil Service to Personnel Department would not affect the autonomy of the Civil Service Commission. City Administrator Edwins expressed concern regarding the time it takes for Civil Service to recruit, test and provide a list to hire employees. Chairman Cocke suggested that a committee be formed to look at ways to expedite the hiring process, rather than transferring recruitment functions and personnel from Civil Service. He stated that Civil Service has accomplished all recruitment in a timely manner and that no department has complained to the Chief Examiner or to any of the Commissioners that a problem existed. Barbara Dillon, Personnel Director, answered questions regarding the personnel cost savings to the City. City Attorney Penman explained why the Civil Service and Personnel Departments were divided into two departments. He stated that under the proposed recommendation, he does not see a conflict between the Personnel Department performing the testing functions and conducting of negotiations with the Union. Council Member Reilly made a motion to authorize the transfer of recruitment and testing functions from Civil Service to personnel, effective May 1, 1991, and the transfer of the 21 5/6/91 positions of Personnel Clerk I (2) and Personnel Analyst (1) to Personnel, and instruct the Director of Personnel to prepare the necessary amendments to Resolution No. 6433. The motion failed for lack of a second. Discussion ensued regarding which positions are to be transferred to the Personnel Department. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, to give responsibility of all recruitment to the Personnel Department to administer under the rules and regulations of the Civil Service Commission as provided by the Charter. The motion carried by the following vote: Members Estrada, Minor, Pope-Ludlam, Miller. Members Reilly, Flores, Maudsley. Absent: None. Ayes: Nays: Council Council Council Member Miller made a motion, that one Personnel Clerk position be transferred to the Personnel Department; and that Civil Service be authorized to hire one Personnel Analyst. No action was taken on this motion. Mayor Holcomb requested that further action be taken later in the meeting. (See page 27) COMMUNITY DEVELOPMENT COMMISSION/ECONOMIC DEVELOPMENT AGENCY - REGULAR MEETING At 12:10 p.m., the Regular Meeting of the Community Development Commission/Economic Development Agency was called to order by Chairman Holcomb in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The Council, acting as the Commission, took action on the Community Development Commission agenda. RECESS MEETING At 12:26 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 State mandated recycling goals. RECONVENE MEETING - LUNCHEON WORKSHOP At 12:50 p.m., Mayor Holcomb called the luncheon workshop to order in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. 22 5/6/91 ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Sr. Assistant City Attorney Barlow, Deputy City Clerk Jones, City Administrator Edwins, Absent: City Clerk Krasney. AB 939 STATE MANDATED RECYCLING GOALS This is the time and place set for a luncheon discuss AB 939, State mandated recycling goals. (42) workshop to Ms. Bonnie Teaford, P.E. Project Manager, Emcon Associates, 3300 N. San Fernando Blvd, Burbank, CA 91504, gave an overview of the laws regarding AB 939 Solid Waste Management Planning Process. AB 939, which was passed by voters in September, 1989, requires every city and county in California to put together a plan on how to reduce the amount of waste going to landfills by twenty-five percent by the year 1995, and fifty-percent by the year 2000. If the cities and counties of California do not meet these laws mandated by the State, a $10,000 per day fine will be imposed as failure to comply with the diversion requirement. Ms. Teaford presented a handout to the Mayor and Council outlining the City of San Bernardino's Solid Waste Management Planning Process giving statistical information as to the amount of solid waste generated per ton per year. Ms. Teaford stated that the study prepared by Emcon revealed that the City generates a total of 218,191 tons per year in solid waste. A breakdown is provided below: Residential Commercial Industrial Self Haul 78,Ol8 tons/year 95,220 tons/year 33,728 tons/year 11.225 tons/year Total 218,191 Ms. Teaford explained the components which make up the waste disposal composition. She stated that a study was conducted at an actual landfill site and the information obtained revealed the following statistics and types of waste dumped at landfills: Paper products represented 42% Plastics products represented 7.6% Glass products represented 2.6% Metals represented 4.2% 23 5/6/91 Yard Waste represented 12.6% Other Organic represented 25.6% Other Wastes represented 5.3% Kevin Barnes, Refuse Superintendent, answered questions regarding the estimated tonnage generated by illegal dumpings. Manuel Moreno, Jr. Director of Public Services, explained how the city identifies and handles illegally dumped hazardous waste materials. Ms. Teaford explained the various programs available to the City that could be used to implement its solid waste management planning process. These programs are listed on pages four and five in the handout. A discussion ensued regarding the City's alternatives for recycling in order to reach the State's goals by the year 2000. Incineration and curbside separation were discussed as possible recycling alternatives. Marshall Julian, Acting City Administrator, City of Lorna Linda, invited the Mayor and Council to attend a meeting scheduled for May 16, 1991, at City Hall, City of Lorna Linda, to discuss the future needs of cities within the county as they relate to new landfill sites and the proposed increase in tipping fees at present landfill locations. A discussion ensued regarding the City of San Bernardino creating its own landfill site and how the City could modify State regulations through State legislation. Mayor Holcomb indicated that the City of San Bernardino may soon have its own representative to lobby with State legislators regarding the City needs. No action was taken. RECESS MEETING - LUNCHEON WORKSHOP At 1:55 p.m., Mayor Holcomb recessed to Council Chambers of City Hall, 300 North Bernardino, California. 2:00 p.m., in the "D" Street, San RECONVENE MEETING At 2:00 p.m., Mayor Holcomb called the Regular Meeting to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 24 5/6/91 ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Pope- Ludlam; Senior Assistant City Attorney Barlow, Deputy City Clerk Jones, City Administrator Edwins. Absent: Council Members Estrada, Miller. COMMUNITY DEVELOPMENT COMMISSION/ECONOMIC DEVELOPMENT AGENCY - REGULAR MEETING At 2:00 p.m., the Regular Meeting of the Community Development Commission/Economic Development Agency was called to order by Chairman Holcomb in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. SETTING OF DATE AND TIME FY 1991/92 CDBG PUBLIC HEARING (R-1) In a memorandum dated April 30, 1991, Kenneth J. Henderson, Executive Director, Development Department, requested authorization to establish the date and time for the Fiscal Year 1991/92 CDBG public hearing. Mr. Henderson stated that a total of sixty-two proposals have been received and reviewed by the Community Development Citizen Advisory Committee (CDCAC) requesting financial assistance under the CDBG Program Mix. Council Member Minor made a motion, seconded by Council Member Maudsley, and unanimously carried, that May 20, 1991, at 3:00 p.m., be established as the date and time certain for the Fiscal Year 1991/92 CDBG public hearing for consideration of various proposals requesting CDBG financial assistance for the period beginning July 1, 1991 and ending June 30, 1992. LANDSCAPE MAINTENANCE DEVELOPMENT INCENTIVE PROGRAM(R-4) In a memorandum dated April 30, 1991, Annie Ramos, Director of Parks, Recreation and Community Services, recommended approval of the Landscape Maintenance Development Incentive Program in which the City and property owner share the costs of installation of landscaping on the public right of way and on building setback areas up to a maximum of 20 feet on designated properties. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 12.96 TO PROVIDE FOR THE INSTALLATION AND MAINTENANCE OF LANDSCAPED FRONTAGES ON CITY RIGHTS OF WAY AND WITHIN THE BUILDING SET-BACK AREA UP TO A MAXIMUM OF TWENTY (20) FEET AND TO PROVIDE PROCEDURES FOR ASSESSMENT OF COSTS INCURRED BY THE CITY IN THE EVENT THE LANDSCAPING IS NOT PROPERLY MAINTAINED AFTER INSTALLATION. FIRST (R-4) Council Member Minor made a motion, seconded by Council Member Flores, and unanimously carried, that the proposed Landscape Incentive Program in which the City of San Bernardino 25 5/6/91 and property owners share the costs of installation. of landscaping on the public right of way and on building setback back areas up to a maximum of twenty (20) feet on designated properties, be approved. Council Member Minor made a motion, seconded by Council Member Flores, and unanimously carried, that said ordinance be laid over for final adoption. *Note: The resolution accompanying the ordinance in the backup was not listed on the Commission' s agenda and was not adopted by the Mayor and Council. This resolution will be brought back for adoption on May 20, 1991. CENTRAL CITY PROMENADE - SCHURGIN DEVELOPMENT (R-6) In a memorandum dated May 1, 1991, Kenneth J. Henderson, Executive Director, Development Department, recommended that the request from Mark Schurgin, Schurgin Development, for a credit enhancement on the Central City Promenade Bonds be denied, based on the fact that Schurgin Development Corporation is in default on its notes payable to the Development Department. Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly, and unanimously carried, that the matter relative to the Central City Promenade be continued to June 3, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER ESTRADA ARRIVED Council Member Estrada arrived at the Council meeting and took her place at the council table. RES. 91-169 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN LOAN AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO (WEST SIDE PLAZA PROJECT) (RS-1A) RES. 91-170 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN CONTRACT BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO PERTAINING TO THE USE OF CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (WEST SIDE PLAZA PROJECT) (RS-1C) Council Member pope-Ludlam made a motion, seconded Council Member Flores, that said resolutions be adopted. Resolution Nos. 91-169 and 91-170 were adopted following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam. Nays: None. Absent: Member Miller. by by the Flores, Council 26 5/6/91 TESTING FUNCTIONS AND SERVICE TO PERSONNEL MEETING. SEE PAGES 20-22) (41) This is the time and place continued to from earlier in the meeting to consider further action on the request to transfer recruitment and testing functions and attendant personnel f'rom Civil Service to Personnel. TRANSFER OF RECRUITMENT AND ATTENDANT PERSONNEL FROM CIVIL (CONTINUED FROM EARLIER IN THE City Administrator Edwins re-stated the second motion that was presented by Council Member Miller earlier in the meeting as follows: "That one Personnel Clerk position be transferred to the Personnel Department and that Civil Service be authorized to hire one Personnel Analyst". Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, that Civil Service Department be authorized to hire one Personnel Analyst; that the effective date be changed to July 1, 1991; and that the Director of Personnel be instructed to prepare the necessary amendments to Resolution No. 6433. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Minor, Pope-Ludlam. Nays: Council Members Flores, Maudsley. Absent: Council Member Miller. COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council meeting and took her place at the council table. APPEAL - DENIAL OF CONDITIONAL USE PERMIT NO 90-72- OFF-SITE SALE OF BEER AND WINE MINI MARKET 1689 KENDALL DRIVE - MOHAMMAD ALl - CONTINUED FROM APRIL 1, 1991 (44) This is the time and place continued to for an appeal on the Planning Commission's denial of Conditional Use Permit No. 90-72 to establish a 2500 square feet mini market located on the southwest corner of Kendall Drive and University Parkway at 1689 Kendall Drive, Suite A, to include off-site sale of beer and wine, as requested by Mohammad Ali. Mayor Holcomb opened the hearing. Charles T. Schultz, Reid & Hellyer, 599 N. Arrowhead, San Bernardino, representing the applicant Mohammad Ali, requested approval of Conditional Use Permit No. 90-72. Mr. Schultz presented a petition containing signatures of area residents and business owners in the proposed area who supported the off-site sale of beer and wine in the mini-market. 27 5/6/91 Mayor Holcomb suggested that if there was a question regarding loitering problems occurring from the consumption of alcoholic beverages on the premises of the mini-market, that the City impose conditions on the conditional use permit that there be no loitering, no sale of alcoholic beverages to minors, and that there be no consumption on the premises or the conditional use permit would be revoked. Mr. Ali answered questions and stated that he has been in business in the City of Riverside for three years and has never been cited by the ABC Board nor by the Police Department. Mr. Ali stated that he plans to be at the proposed mini- market in the City of San Bernardino on a daily basis. A discussion ensued regarding the differences of imposing conditions on a conditional use permit on mini-markets versus supermarkets. Director Reed answered questions regarding the number of conditional use permits applied for by supermarkets in the City. He stated that to his knowledge there was only one, Stater Bros. on 40th and Kendall. Mayor Holcomb suggested that staff draft language on the revocation of the permit if certain conditions are not complied with. Larry Reed stated that Condition No. 11 contains language on the revocation process of the permit and read the condition for the record. Mr. Reed indicated 90-72 with conditions recommended denial. that staff recommended approval of C.U.P. but that the Planning Commission had Susan Johnson, a resident of Sundance Drive, Area Director for the David Area Neighborhood Watch, presented a petition to the Council containing forty signatures of residents opposing C.U.P. 90-72. Ms. Johnson cited violent crimes and problems associated with convenience stores. She added that the majority of the people that use these types of stores are not residents of San Bernardino. Ms. Johnson stated that the City's Police Department does not support the proposed business, primarily due to the increase in residential burglary, vehicle burglary and auto theft. She stated that never before has there been a robbery on Kendall Drive, but that there are increasing numbers of instances of armed robbery, drug sales, and minors buying alcoholic beverages. 28 5/6/91 Ms. Johnson addressed the issue of why larger stores may not be required to have a conditional use permit. She explained that supermarkets have larger numbers of employees on hand to monitor the building and parking lots, while mini-markets often have only one employee on duty. Ms. Johnson felt strongly that the developer and business owner do not have the community's best interest at heart, as they do not live in the community and are not aware of the problems caused by mini-markets permitted to sell beer and wine. Mayor Holcomb pointed out that if the proposed convenience store were going to add more consumption of alcohol, he would personally be against the C.U.P., but that the crimes mentioned occurred without this market being at the retail center. Mayor Holcomb indicated that a review of the conditions outlined in the conditional use permit will occur in one year and if there are problems which cannot be resolved, the conditional use permit would be revoked. Mary Brambila, 5256 Rivera Ave, San Bernardino, President of PTA, Kendall Elementary School, expressed concern over the close proximity of the proposed mini-market to Kendall Elementary School and requested denial of C.U.P. 90-72. Marie Rivera, 6475 Beechwood, San Bernardino, owner of San Bernardino Cuts, located within the shopping center on the corner of Kendall Drive and University Parkway, spoke in support of Conditional Use Permit No. 90-72. She stated that having a mini- market at the Center would be beneficial to businesses and residents in the surrounding area. Carlos Enciso, 5172 Chaparral, San Bernardino, Manager of Paco's Mexican Food, located in the retail center, spoke in support of the mini-market. He stated that the store would be very convenient to many college students attending Cal State who do not own vehicles to drive two miles to the nearest supermarket. Mr. Schultz stated that a review will be made within a year to make sure that the mini-market complies with the conditions of approval. Notification to the residents will be made during that time to allow discussion on any concerns the residents may have. Mr. Schultz explained that the store will be designed so the cashier will have a complete view of the entire center. He stated that the beer and wine will be in the back of the store. A discussion ensued regarding reviewing the conditional use permit in three or six months. 29 5/6/91 Mr. Schultz stated that three months would not be enough time to obtain a good record of what has occurred at the center, but indicated that Mr. Ali would be willing to agree to a review period of six months. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, that the hearing be closed; that the appeal be upheld; and that Conditional Use Permit No. 90-72 be approved subject to the findings of fact and conditions of approval contained in Exhibit "E" with a review of this operat'ion in six months for conformance of all conditions including all positive and negative aspects of the operation. The motion failed by the following vote: Ayes: Members Estrada, Pope-Ludlam. Nays: Council Members Flores, Maudsley, Minor, Miller. Absent: None. Council Reilly, Mayor Holcomb stated that since the motion failed, the appeal is automatically denied. PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 91-01- CHANGE OF LAND USE DESIGNATION FROM CG-1 TO RMH - OSBUN ROAD BETWEEN HIGHLAND AVENUE AND PUMALO STREET- ADOPTION OF RESOLUTION (45) In a memorandum dated April 16, 1991, Larry E. Reed, Director, Planning and Building Services, stated that the applicant, Steven Quincy, Dukes-Dukes Associates, Inc., requested a General Plan land use designation change from CG-1, Commercial General to RMH, Residential High, located on approximately 2.59 acres of land 240 feet on the east side of Osbun Road between Highland Avenue and pumalo Street. RES. 91-171 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-01 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (45) Mayor Holcomb opened the hearing. Larry Reed, Director of Planning and Building Services, answered questions stating that at the preliminary stage, the applicant is not requesting a density bonus. A discussion ensued regarding assurances that a Senior Center complex will be built at the proposed location, and the proximity to the Arden and Guthrie Apartments. Mr. Reed explained that there are no guarantees that the center will be built, but there is an eighty percent chance that the project will be built, as the applicant has hired an architect and plans are in the development stage. 30 5/6/91 . Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that the hearing be closed; and that said resolution be adopted. Resolution No. 91-171 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Pope- Ludlam, Miller. Nays: Council Member Flores. Absent: None. ANNOUNCEMENT BY CITY ATTORNEY PENMAN REQUEST FOR CLOSED SESSION City Attorney Penman announced that there is a conference call with the Judge set at 4: 30 p.m., and Deputy City Attorney Roth needs direction from the Council. He requested a recess' to go into closed session. Mayor Holcomb stated that the Council will recess for closed session later in the meeting if the Council meeting is not over by 4:15 p.m. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 90-14A - TO CHANGE THE LAND USE DESIGNATION FROM RL TO RS - NORTH SIDE OF FOOTHILL DRIVE, EAST OF STERLING AVENUE. (46) This is the time and place set for a public hearing on General Plan Amendment No. 90-14A to change the land use designation from RL, Residential Low (3.1 dwelling units per acre) to RS, Residential Suburban (4.5 dwelling units per acre) on approximately 8.12 acres located on the north side of Foothill Drive approximately 1,180 feet east of Sterling Avenue. *Note: The following discussion covers both items 46- General Plan Amendment No. 90-14A to change the land use designation from RL to RS on Foothill Drive east of Sterling Avenue and item 47 - General Plan No. 90-14B to change the text of the RS and RL designations to permit attached and detached units on a Citywide basis. Mayor Holcomb opened the hearing. Larry Reed stated that the applicant is requesting to change the land use designation from RL, Residential Low, which allows 3.1 dwelling units per acre to RS, Residential Suburban, which will permit 4.5 dwelling units per acre on an 8.12 acre site located on the north side of Foothill Drive, approximately 1180 feet east of Sterling Avenue. John Edwins, 445 S. Arrowhead Ave, Suite B, San Bernardino, presented a video presentation of the proposed project. 31 5/6/91 COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. Mr. Edwins answered questions regarding the increased number of units for the project. He stated that there would be a total net increase of three units if the General Plan amendment were approved. Mr. Edwins explained that when the General Plan was adopted, part of the present RL zoning was for 10/8 lots only, wh'ich doesn't allow an opportunity to deal with some of the characteristics usually found such as streams, trees, open space, setbacks and water canals. If the General Plan allowed detached housing in the RL zone, there would be flexibility to move these lots around to design a subdivision, and there would not be a need to ask for a zone change. Mr. Edwins answered questions regarding the number of 10/8 lots that the site could accommodate keeping in mind the earthquake fault. He stated that 13 lots could be accommodated on the site. Senior Assistant City Attorney Barlow suggested that the developer be required to obtain an Environmental Impact Report at the beginning phases of development in order to address environmental concerns of traffic congestion, noise, geological issues, fire hazards, and seismic problems. Director Reed disagreed with Mr. Barlow, stating that requesting an Environmental Impact Report at this stage could place an undue burden on the applicant, as the developer may be required to have a second EIR at the time of the specific design when the conditional use permit is applied for. A discussion ensued regarding cluster type housing being allowed in the appropriate zones within the City. Director Reed stated that clustered housing is permitted in the Hillside Management District. He stated that if this proposed project were in the hillside area, then the project could proceed with its application. He also answered questions regarding the probability of applying density restrictions on the RU designation. Mayor Holcomb explained that approving this request for a General Plan amendment does not mean all projects are approved. Each project will have to stand on its own merits. Even if this project goes through, it does not mean that any development would occur without first having a full public hearing before the Planning Commission, subject to appeal before the Mayor and Common Council. 32 5/6/91 Mayor Holcomb further stated that the proposed text change would be a tool for the City to allow cluster type housing citywide. Sr. City Attorney Barlow clarified comments made regarding developers applying for an Environmental Impact Report at the beginning phase of the project. He stated that the General Plan Amendment is significant in that it changes single family detached housing on 10/8 lots to a cluster development. He stated that requiring an Environmental Impact Report would not be a matter of law, but should be considered before a decision is made. Will Stearn, 3617 Hemlock Drive, San Bernardino, spoke in opposition to the proposed zone change. Mr. Stearn commented on the proposed text change that would allow attached units of clustering citywide. He gave the following reasons why General Plan Amendment No. 90-14B should be denied: 1. The general area is zoned RL. 2. The recommendation to rezone is not substantially justified and would establish a precedent of spot zoning. 3. Non-conforming attached condos would be concentrated in the south portion of the site along the collector street. 4. The proposed project is not in conformance with provisions outlined in the General Plan. 5. That some spot zoning should be created in the northeast area of the City instead of the proposed location. Ann Niemeyer, 3559 Manzanita Drive, San Bernardino, spoke on behalf of the residents who, signed the petition opposing General Plan Amendment 90-14A, and stated that they do not want cluster housing in the area. James Roe, 2373 Willow Avenue, San Bernardino, spoke in support of the proposal to change the land use designation from RL to RS and to the proposed text change to permit attached and detached units on a Citywide basis in the RS and RL designations. *Note: the remainder of the discussion on Items 46 and 47 was continued until after closed session. See page 34 RECESS MEETING - CLOSED SESSION At 4:15 p.m., Mayor Holcomb recessed the Regular meeting of the Mayor and Common Council to closed session as requested by City Attorney Penman. CLOSED SESSION At 4:16 p.m., Mayor Holcomb called the closed order in the conference room of City Hall, 300 North San Bernardino, California. session to "DII Street, 33 5/6/91 ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. City Attorney Penman. Absent: City Clerk Krasney, City Administrator Edwins. Also present: Deputy City Attorney Roth, J. Lorraine Velarde, Executive Assistant to the Mayor. DEPUTY CITY CLERK JONES ARRIVED Deputy City Clerk Jones arrived at closed session. ADJOURN CLOSED SESSION At 4:30 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 4:30 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. Senior Assistant City Attorney Barlow, Deputy City Clerk Jones. Absent: Council Member Miller, City Administrator Edwins. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 90-14A TO CHANGE LAND USE DESIGNATION FROM RL TO RS - NORTHSIDE OF FOOTHILL DRIVE, EAST OF STERLING AVENUE - CONTINUED FROM EARLIER IN THE MEETING. SEE PAGE 31 (46 & 47) This is the time and place continued to from earlier in the meeting for a public hearing on General Plan Amendment No. 90- 14A, to change the land use designation from RL to RS for the site located on the north side of Foothill Drive, east of Sterling Avenue and General Plan Amendment No. 90-14B to change the text of the RS and RL designations to permit attached and detached units on a Citywide basis. Gene Pensiero, 3648 Hemlock Drive, San Bernardino, spoke in opposition to General Plan Amendment 90-14B, a proposal to change the text of RS and RL designations to permit attached and detached units on a citywide basis. Mr. pensiero stated, however, he would agree to cluster housing only in designated areas. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. 34 5/6/91 Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, objected to General Plan Amendments 90-14A and 90-14B. Don Niemeyer, 3559 Manzanita Drive, San Bernardino, stated that he was opposed to General Plan Amendment No. 90-14A. Larry Reed answered questions regarding placing limitations on the number of units that can be attached in a clustered development. Joy Meyer, 3541 Sage Lane, San Bernardino, expressed concern regarding the impact on neighboring schools if this project is developed. She stated that the schools would not be able to accommodate additional students if the proposed project is approved. She objected to developers not being required to landscape the open space areas which contains the earthquake faults. Valdean M. Watson, Attorney, 370 West Sixth Street, Su'ite 100, San Bernardino, read for the record a letter of opposition from several homeowners who live in the proposed site, who objected to the General Plan Amendments 90-14A and 90-14B. Richard P. Siegmund, Sigland & Associates, Professional Land Surveyor, 2455 Willow Drive, San Bernardino, a firm that provides planning and engineering surveying services, presented a letter dated May 6, 1991, opposing General Plan Amendment No. 90-14A. He recommended that the present General Plan be followed and that General Plan Amendment No. 90-14A be denied. John Edwins, addressed concerns regarding the fire, flooding and geological hazards for the proposed project. He stated that these issues have already been addressed in an Environmental Impact Report when the City adopted its General Plan in 1989. Mr. Edwins explained that the proposal to change the land use designation is because of the 10/8 lot requirement in the RL designation. He stated that if the 10/8 lot requirement were not there, then he would be able to build a reasonable number of homes on the site and arrange them on the lot in such a way to make for good housing. Phyllis Klein, 2084 E. expressed concern regarding proposed project is approved. Foothill Drive, the increase in San Bernardino, density if the Council Member Member Minor, and closed. Miller made a motion, seconded by Council unanimously carried, that the hearing be 35 5/6/91 Council Member Maudsley made a motion, seconded by Council Member Minor, that General plan Amendment No. 90-14A, be denied and that the decision of the Planning Commission be upheld. The motion Members Reilly, Member Estrada. carried by the following vote: Ayes: Flores, Maudsley, Minor, Miller. Nays: Absent: Council Member Pope-Ludlam. Council Council Mr. Edwins requested that Mr. Blatter, the property owner and applicant for the General Plan Amendment 90-14B, be relieved of further financial responsibility. Mayor Holcomb stated that no further financial costs will be incurred until after the May 20, 1991 Council Meeting. Director Reed concurred with the Mayor. He stated that there will not be any additional staff time costs incurred. GENERAL PLAN AMENDMENT NO. 90-14B - CHANGE TEXT OF RS AND RL DESIGNATIONS TO PERMIT ATTACHED AND DETACHED UNITS ON A CITYWIDE BASIS (47) In a memorandum dated April 22, 1991, Larry E. Reed, Director of Planning and Building Services, stated that the City and applicant, W. R. Hendrix & Associates, Inc., requested to change the text of the RS, Residential Suburban land use designation to permit attached and detached units in cluster developments. The proposed text amendment would apply to areas designated RS and RL, Citywide. Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that General Plan Amendment No. 90-14B, a proposal to change the text of the RS and RL designations to permit attached and detached units on a Citywide basis, be continued to May 20, 1991, in the Council Chambers, in order to contact the City's consultant who prepared the General Plan, to receive input on the desirability of having a Citywide enabling ordinance where the City might do cluster housing. APPEAL - PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT NO. 90-39 - TO ALLOW SALE OF BEER AND WINE OFF-SITE CONSUMPTION - 1301 NORTH "E STREET - J & G PRODUCE (48) In a memorandum dated April 15, 1991, Larry E. Reed, Director of Planning and Building Services, stated that Conditional Use Permit No. 90-39 is a request to allow the sale of beer and wine for off site consumption from a neighborhood market, J&G Produce located at 1301 North "E" Street. This request was denied by the Planning Commission on March 19, 1991. Council Member Estrada made a motion, seconded by Council Member Maudsley, and unanimously carried, that the appeal on Planning Commission's denial of Conditional Use Permit No. 90-39 36 5/6/91 to allow sale of beer and wine for off-site consumption be referred back to the Planning Commission since there are now conditions placed on the permit that were not available at the time this matter was heard before the Planning Commission. DEVELOPMENT CODE - PROPOSED AMENDMENT OCCUPANCY (SRO) FACILITIES - CONTINUED 1991 This is the time and place continued to from April to consider proposed amendments to the Development Code Room Occupancy (SRO) facilities. - S INGLE ROOM FROM APRIL 17, (43) 17, 1991, on Single Larry Reed, Director of Planning and Building Services, distributed a corrected version of the Single Room Occupancy (SRO) facilities standards. He stated that the change is to add to table 6.01 (Table of Allowed Uses in Commercial Districts) the listing of single room occupancy facilities as an allowed use with an approved conditional use permit in CG-2 and CR-2 land use districts. Director Reed stated that this matter was left over from the adoption of the Development Code and could be continued to a later date for consideration. Council Member Estrada made a motion, seconded by Council Member Flores, and unanimously carried, that the proposed amendments to the Development Code regarding Single Room Occupancy (SRO) facilities be continued May 20, 1991, at 11:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. APPEAL - PLANNING COMMISSION' S DENIAL OF CONDITIONAL USE PERMIT NO. 90-75 TO ALLOW SALE OF HARD LIQUOR AND SINGLE CANS OF BEER - 2715 WEST FOOTHILL BOULEVARD- JAMAL RAHMAN ( 4 9 ) In a memorandum dated March 26, 1991, Larry Reed, Director of Planning and Building Services, stated that Conditional Use Permit No. 90-75 is a request to upgrade the existing beer and wine outlet at an existing convenience store located at 2715 West Foothill Boulevard to allow the sale of hard liquor and to sell single cans of beer. The Planning Commission denied this request on March 6, 1991, by a five to zero vote. The subject property is located on the southwest corner of Foothill Boulevard and Meridian Avenue, 2715 West Foothill Boulevard. The applicant for Conditional Use Permit No. 90-75 is Jamal Rahman. A. Merle Sessions, Attorney at Law, 323 West Court Street, San Bernardino, requested that this matter be continue until the second meeting in June. 37 5/6/91 Council Member Miller made a motion, seconded by Council Member Flores, and unanimously carried, that the appeal of Conditional Use Permit No. 90-75 to allow sale of hard liquor and single cans of beer be continued to June 17, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino. APPEAL - REVOCATION OF CONDITIONAL DEVELOPMENT PERMIT NO. 198 - CIVIC CENTER MOTEL (S-7) This is the time and place set for an appeal on the revocation of Conditional Development Permit No. 198 on the Civic Center Motel located at 665 North "D" Street, San Bernardino. In a memorandum dated May 1, 1991, James F. Penman, City Attorney, stated that the City Attorney's Office has made numerous attempts to contact the appellants' attorneys. The appellants' attorneys have refused to cooperate in the selection of a hearing officer. The appellants have not responded to communications from the City Attorney's Office. It is requested that the Mayor and Common Council adopt recommended motion #1 which permits the hearing officer to be chosen by the City Attorney. Andrew J. Gunn, Esquire, 363 West Sixth Street, San Bernardino, on behalf of the owners of Civic Center Motel, spoke in support of the City Attorney's selection of Mr. Allen Gresham of the law firm of Gresham, Varner, Savage, Nolan and Tilden in San Bernardino as the hearing officer to provide an advisory opinion regarding due process issues on the revocation of Conditional Use Permit No. 198 on the Civic Center Motel. Mr. Gunn requested that the City be responsible for any costs incurred by Mr. Gresham. City Attorney Penman agreed that the City will pay for any costs incurred in connection with the services of Mr. Gresham. City Attorney Penman requested a continuance of this matter, stating that Mr. Gresham will be out of town for a couple of weeks. Mr. Gunn agreed to continue this matter until the second meeting in June, 1991. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the appeal of revocation of Conditional Development Permit No. 198 be continued to June 17, 1991, at 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 38 5/6/91 PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 90-11 - TO CHANGE THE LAND USE DESIGNATION FROM RM TO RMH/18- EAST SIDE OF RICHARDSON STREET BETWEEN COULSTON STREET AND 1-10 FREEWAY - ADOPTION OF RESOLUTION (S-9) This is the time and place set for a public hearing on General Plan Amendment No. 90-11 to change the land use designation from RM to RMH/18 on the east side of Richardson Street between Coulston Street and 1-10 Freeway. RES. 91-172 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 90-11 (SITE A) TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (S-9) Mayor Holcomb opened the hearing. Bill Heers, 1450 E. Cooley Drive, Colton, stated that he concurs with staff's recommendation of approval. Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that the hearing be closed; and that said resolution be adopted. Resolution No. 91-172 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Nays: None. Absent: Council Member Pope-Ludlam. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.60.120.B OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS IN HIGH FIRE AREAS. (S-8) A discussion ensued regarding provisions in the ordinance which prohibits fireworks between Highland and Del Rosa Avenues. City Attorney Penman explained that for the past four years the Spirit Baseball Club has been issued a fire permit to hold its 4th of July fireworks show at Fiscalini Field. However, the existence of the present ordinance prohibits fireworks in the area between Highland Avenue, Pacific and Del Rosa Avenues, and perris Hill Park. The proposed amendment would allow fireworks only if a permit is obtained from the Fire Department. Council Member Reilly made a motion, seconded by Council Member Estrada, that said ordinance be laid over for final passage. 39 5/6/91 The motion failed by Members Estrada, Reilly, Flores, Minor, Pope-Ludlam, the following vote: Maudsley. Nays: Miller. Absent: Ayes: Council None. Council Members COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council meeting. RECONSIDERATION - ORDINANCE RELATING TO FIREWORKS IN HIGH FIRE AREAS. (S-8) Council Member Reilly made a motion, seconded by Council Member Estrada, to reconsider the ordinance amending Section 8.60.120B relating to fireworks in high fire areas. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Minor. Nays: Council Members Maudsley, Miller. Absent: Council Member Pope-Ludlam. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.60.120B OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS IN HIGH FIRE AREAS. (S-8) The Mayor and Council discussed placing a sunset clause on the proposed amendment to expire December 31, 1991. Council Member Reilly made a motion, seconded by Council Member Miller, that said ordinance be approved for the first reading with language to include a sunset clause expiring December 31, 1991; and that staff be instructed to work out conditions for approval with the Police and Fire Chiefs and report back on May 20, 1991. The motion carried by the following vote: Members Estrada, Reilly, Maudsley, Miller. Members Flores, Minor. Absent: Pope-Ludlam. Ayes: Nays: Council Council RES. 91-173 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT WITH PRC PUBLIC MANAGEMENT SERVICES, INC. FOR THE PURCHASE, INSTALLATION AND SUPPORT OF A NETWORKED COMPUTER SYSTEM RELATED TO THE UPGRADE OF THE CITY'S POLICE RECORDS MANAGEMENT AND COMPUTER AIDED DISPATCH COMPUTER SYSTEM. (S-l) RES. 91-174 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZ ING AN AGREEMENT WITH DIGITAL EQUIPMENT CORPORATION FOR THE PURCHASE, INSTALLATION AND SUPPORT OF A NETWORKED COMPUTER SYSTEM. (S-2) RES. 91-175 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH DIGITAL EQUIPMENT CORPORATION TO PROVIDE HARDWARE AND SOFTWARE MAINTENANCE FOR THE CITY' S NETWORKED COMPUTER SYSTEM. (S-3) 40 5/6/91 RES. 91-176 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT WITH CREATIVE COMPUTER SOLUTIONS, INC. FOR THE PURCHASE, INSTALLATION AND SUPPORT OF A NETWORKED COMPUTER SYSTEM RELATED TO THE UPGRADE OF THE CITY'S BUSINESS APPLICATION SYSTEM. (S-4) Council Member Flores made a motion, seconded by Council Member Minor, that said resolutions be adopted. Resolution Nos. 91-173, 91-174, 91-175, and 91-176 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Nays: None. Absent: Council Member Pope-Ludlam. RES. 91-177 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO CONTRACT WITH THE COUNTY OF SAN BERNARDINO ACTING AS THE AREA AGENCY ON AGING. (S-5) Resolution No. 91-177 was adopted by the following vote: Ayes: Council Member Estrada, Reilly, Flores, Maudsley, Minor, Miller. Nays: None. Absent: Council Member Pope-Ludlam. ADJOURNMENT (50) At 5:40 p.m., Mayor Holcomb adjourned the Regular Meeting of the Mayor and Common Council to 8:30 a.m., Monday, May 20, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL KRASNEY City Clerk by City Clerk No. of Items: 75 No. of Hours: 8 hrs. 41 5/6/91