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HomeMy WebLinkAbout05-20-1991 Minutes City of San Bernardino, California May 20, 1991 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Pro Tempore Maudsley at 8:36 a.m., Monday, May 20, 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 Pro Tempore Maudsley; Council Members Reilly, Flores, Maudsley, Minor, City Attorney Penman, City Administrator Edwins, City Clerk Krasney. Absent: Mayor Holcomb; Council Members Estrada, Pope-Ludlam, Miller. RECESS MEETING - CLOSED SESSION At 8:36 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: (1 & S-7) 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: ; 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 Ii tigation 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 5/20/91 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); Citv of Redlands vs. Inland Valley Development Aaencv. et al - San Bernardino Superior Court Case No. 255222; Citv of San Bernardino vs. Deukmeiian. et al San Bernardino Superior Court Case No. 256623; Countv vs. City of San Bernardino (RDA) - San Bernardino Superior Court Case No. 258241. City 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 Superior Court Case No. 254883; Walker vs. Citv of San Bernardino. et al - San Bernardino Superior Court Case No. 224933 Supreme Court of California, Fourth Appellate District, Division Two No. E007285, S019584; Santiago vs. City of San Bernardino Superior Court Case No. 260459; San Bernardino Connie Garibay vs. City of San Bernardino - San Bernardino Superior Court Cast No. 237901; Citv of San Bernardino vs. Countv of San Bernardino- Riverside Superior Court Case No. 207900; Todd Detinne vs. Citv of San Bernardino - Superior Court Case No. 255881. CLOSED SESSION At 8:36 a.m., Mayor Pro Tempore Maudsley called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 2 5/20/91 ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Pro Tempore Maudsley; Council Members Reilly, Flores Maudsley, Minor; City Attorney Penman, City Administrator Edwins, City Clerk Krasney. Absent: Mayor Holcomb; Council Members Estrada, Pope-Ludlam, Miller. Also present: Senior Assistant City Attorney Barlow. MAYOR HOLCOMB ARRIVED At 8:40 a.m., Mayor Holcomb arrived at the closed session. READING OF RESOLUTIONS AND ORDINANCES Deputy City Clerk Medina read the titles of all the resolutions and ordinances on the regular, supplemental and Community Development Commission agendas. COUNCIL MEMBER MILLER ARRIVED At 8:45 a.m., Council Member Miller arrived at the closed session. COUNCIL MEMBER At 8:49 a.m., closed session. POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the COUNCIL MEMBER ESTRADA ARRIVED At 8:54 a.m., Council Member Estrada arrived at the closed session. DEPUTY CITY ATTORNEY SIMMONS ARRIVED Deputy City Attorney Simmons arrived at the closed session. MARGARET ARRIVED At 9: 03 Supervisor, session. SCROGGIN, ADMINISTRATIVE OPERATIONS SUPERVISOR a.m., City Margaret Scroggin, Administrative Operations Attorney's Office, arrived at the closed DEPUTY CITY ATTORNEY SIMMONS & CITY ADMINISTRATOR EDWINS EXCUSED At 9:10 a.m., Deputy City Attorney Simmons and City Administrator Edwins left the closed session. ADJOURN CLOSED SESSION At 9:15 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 9:30 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. 3 5/20/91 ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam; City Attorney Penman, City Administrator Edwins, City Clerk Krasney. Absent: Council Member Miller. INVOCATION The invocation was given by Rev. W.E. Michael of the Faith Bible Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Flores. ANNOUNCEMENTS ZACHARY LEVIN Mayor Holcomb announced that Zachary Levin, a at Parks ide Elementary School, was honorary Mayor Zachary hit the first homerun in the T-Ball League. BY MAYOR - HONORARY MAYOR FOR THE DAY- (2) first grader for the day. COUNCIL MEMBER MILLER RETURNED At 9:32 a.m., Council Member Miller returned to the Council meeting and took her place at the council table. ANNOUNCEMENT BY MAYOR - MAY 20TH FOUNDERS DAY FOR SAN BERNARDINO (2) Mayor Holcomb announced that May 20th is Founder's Day in the City of San Bernardino. The City was founded 180 years ago. PRESENTATION CITIZENS J. Lorraine Velarde, Executive Assistant to a resolution commending Mr. George Vajna for his the Senior Citizens program. GEORGE VAJNA CONTRIBUTION TO SENIOR (4) the Mayor, read contribution to Betty Lewis, Coordinator of the Senior Citizen Companion program commended Mr. Vajna for his outstanding community service and announced that Mr. Vajna was also the recipient of the J.C. Penney Golden Rule Award. George Vajna accepted the resolution from Mayor Holcomb. PROCLAMATION - LAW ENFORCEMENT DAY - MAY 23, 1991 (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring May 23, 1991, as "Law Enforcement Day" in the City of San Bernardino. Sam Henley, Executive Vice-President of the San Bernardino Chamber of Commerce accepted the proclamation from Mayor Holcomb. 4 5/20/91 Sam Henley introduced Deborah Mandabach, President of the Board of Directors for the Chamber of Commerce, and Steve Easley, Co-Chairman of the Law Enforcement Program. EMPLOYEE RECOGNITION AWARDS PROGRAM J. Lorraine velarde, Executive Assistant to the the names of the employees receiving an employee award. (4) Mayor, read recognition Andrew Brown - Mid-Management David Kreske - Safety Deborah Shuker - General Mary Alvord - Clerical Carl "Buck" Felker - Management/Confidential Each employee received a check for $200.00 and one additional day off with pay. PRESENTATION - CRAIG A. GRAVES - CITY TREASURER (4) Phil Arvizo, Executive Assistant to the Council, read a resolution commending Craig Graves, City Treasurer, for his m~ny years of service to the City of San Bernardino. Mr. Graves accepted the resolution from Mayor Holcomb. PRESENTATION - COUNCIL MEMBER JESS FLORES Phil Arvizo, Executive Assistant to the resolution commending Council Member Jess outstanding contributions to public service and as a council member for the third ward. (4) Council, read a Flores for his to the community Council Member Flores accepted the resolution from Mayor Holcomb. SERVICE PIN AWARD CEREMONY J. Lorraine Velarde, Executive Assistant to the the names of the employees receiving service pins. (4) Mayor, read Each employee received a service pin from Mayor Holcomb in gratitude of his/her many years of service to the City. PUBLIC COMMENTS There were no public comments. (3) WAIVE FURTHER READING OF RESOLUTIONS AND ORDINANCES (5) Council Member Miller made a motion, seconded by Council Member Flores, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas be waived. 5 5/20/91 APPROVAL OF COUNCIL MINUTES FEBRUARY 6, 1991- FEBRUARY 7, 1991 - FEBRUARY 8, 1991 - FEBRUARY 11, 1991 - APRIL 22, 1991 - MAY 3, 1991 (6) Council Member Miller made a motion, seconded by Council Member Flores, 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: February February April 22, 6, 1991 8, 1991 1991 February 7, February 11, May 3, 1991 1991 1991 CITY OF SAN BERNARDINO GENERAL MUNICIPAL RUN-OFF ELECTION RESULTS - MAY 7, 1991 (7) In a staff report dated May 10, 1991, Rachel Krasney, City Clerk, reported the results of the official canvass for the General Municipal Run-Off Election for the Sixth Ward held on May 7, 1991. Council Member Miller made a motion, seconded by Council Member Flores, and unanimously carried, that the results of the General Municipal Run-off Election held in the Sixth Ward on May 7, 1991, as set forth in the Statement of Votes Cast, and certified, be declared official as set forth in the document prepared by the City Clerk's Office. THIRD WARD PARK EXTENSION FUNDS - $1,730 - ACQUISITION OF FREEZER AND COFFEE MAKER FOR USE BY SAN BERNARDINO WESTERN LITTLE LEAGUE (8) In a memorandum dated May 7, 1991, Annie Ramos, Director' of parks, Recreation and Community Services, stated that a 1990 fire at the Nicholson Park Little League concession stand destroyed several appliances that were the property of the San Bernardino Western Little League. These items are essential for the operation of the concession stand. The most critical appliances that were lost were a freezer and coffee maker. The replacement cost for these items is $1,730. Council Member Miller made a motion, seconded by Council Member Flores, and unanimously carried, that $1,730 from Third Ward Park Extension funds for the acquisition of a freezer and a coffee maker for use by the San Bernardino Western Little League be approved. 6 5/20/91 CHANGE ORDER NO. THREE - CONTRACT EXTENSION FOR ONE- YEAR - 7/1/91 TO 6/30/92 - NO CONTRACT PRICE INCREASE- MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT NO. 976 EXECUTIVE LANDSCAPE CONTRACTORS, INC. (9) In a memorandum dated April 26, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that special provisions provide that the contract may be extended for up to two (2) one-year periods, by mutual consent of the City and the contractor. Adjustments in the contract prices are to be negotiated at the time of each such renewal. Contract Change Order No. Three extends the term of the contract for a one-year period, from July 1, 1991 to June 30, 1992, at no increase to the contract price. The total estimated cost for extension of these landscaping maintenance services is $25,937.44. Council Member Miller made a motion, seconded by Council Member Flores, and unanimously carried, that Change Order No. Three to the contract with Executive Landscape Contractors, Inc., for maintenance of landscaping in Assessment District No. 976 in accordance with Plan No. 7034-B, be approved; 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 $25,937.44. CHANGE ORDER NO. ONE - CONTRACT EXTENSION FOR ONE YEAR 7/1/91 TO 6/30/92 MAINTENANCE OF LANDSCAPING IN PORTIONS OF 16TH STREET, FROM CALIFORNIA TO MEDICAL CENTER DRIVE - MENTONE TURF SUPPLY (10) In a memorandum dated April 29, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that special provisions provide that the contract may be extended for up to two (2) one-year periods, by mutual consent of the City and the contractor. Adjustments in the contract prices are to be negotiated at the time of each such renewal. Contract Change Order No. One extends the term of the contract for a one-year period, from July 1, 1991 to June 30, 1992 at no increase in the contract price. The total estimated project cost for the extension of the landscaping maintenance services is $6,592.00. Council Member Miller made a motion, seconded by Council Member Flores, and unanimously carried, that Change Order No. One to the contract with Mentone Turf Supply, for maintenance of landscaping in Assessment District No. 953, in accordance with Plan No. 6177, be approved, 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 $6,592.00. 7 5/20/91 CHANGE ORDER NO. SIX - CONTRACT EXTENSION FOR ONE YEAR 7/1/91 TO 6/30/92 MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT NO. 951 AND 952 - MENTONE TURF SUPPLY (11) In a memorandum dated April 29, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, reported that special provisions provide that the contract may be extended for up to two (2) one-year periods, by mutual consent of the City and the contractor. Adjustments in the contract prices are to be negotiated at the time of each such renewal. Contract Change Order No. Six, extends the contract for a one-year period, from July 1, 1991 to June 30, 1992 at no increase to the contract price. The total estimated cost for extension of these landscaping maintenance services is $89,811.22. Council Member Miller made a motion, seconded by Council Member Flores, and unanimously carried, that Change Order No. Six to contract with Mentone Turf Supply, for maintenance of landscaping in Assessment District Nos. 951 and 952, in accordance with Plan No. 6192-A and 6056-A, be approved, 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 $89,811.22. CHANGE ORDER NO. FOUR - CONTRACT EXTENSION FOR ONE YEAR - 7/1/91 - 6/30/92 - NO CHANGE IN CONTRACT UNIT PRICE- APPROVAL OF INCORPORATION OF MAINTENANCE OF CITY HALL ANNEX LANDSCAPING INTO ORIGINAL CONTRACT - ANNUAL COST INCREASE OF $2,100 - MENTONE TURF SUPPLY (12) In a memorandum dated April 30, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, reported that special provisions provide that the contract may be extended up to two (2) one-year periods, by mutual consent of the City and contractor. Adjustments in the contract prices are to be negotiated at the time of each such renewal. Contract Change Order No. Four extends the term of the contract for a one-year period, from July 1, 1991 to June 30, 1992, at no increase to the contract unit prices; and incorporates the maintenance of the City Hall Annex in the contract at an annual cost increase of $2,100. Council Member Miller made a motion, seconded by Council Member Flores, and unanimously carried, that Change Order No. Four to the contract with Mentone Turf Supply, for maintenance of landscaping for Central City Mall, City Hall, and various other facilities, in accordance with Plan No. 6735 (1990-91), be approved; to extend the term of the contract for a one-year period, from July 1, 1991 to June 30, 1992, at no change in ~he contract unit prices, and to incorporate the maintenance of landscaping for City Hall Annex to the contract, at an additional annual cost of $2,100. 8 5/20/91 STREET NAME CHANGE CLUB WAY BETWEEN REDLANDS BOULEVARD AND CAROLINE TO SUNSET DRIVE; SUNSET DRIVE BETWEEN REDLANDS BOULEVARD AND CAROLINE TO CLUB WAY; CAROLINE BETWEEN SUNSET DRIVE AND HUNTS LANE TO CLUB WAY (13) In a memorandum dated May 6, 1991, Roger G. Hardgrave, Director of Public works/City Engineer, stated that the Sunset Group is developing the area bounded by Waterman Avenue, Hunts Lane, Redlands Boulevard, and the railroad tracks. They are requesting street name changes for Sunset Drive, Club Way and the southerly section of Caroline Street lying between the present Sunset Drive and Hunts Lane. The City has two sections of Caroline Street lying parallel with each other. In order to alleviate potential location problems for the fire department and other emergency vehicles, it is necessary to rename one portion. No residences and few businesses are affected by these proposed street name changes. The present Club Way would be renamed Sunset Drive, and the old section of Sunset Drive would be renamed Club Way. Club Way would then run all the way from Redlands Boulevard to Hunts Lane. Council Member Miller made a motion, seconded by Council Member Flores, and unanimously carried, that the Real Property Section of the Public Works Department be authorized and directed to proceed with changing the name of Club Way, between Redlands Boulevard and Caroline Street, to Sunset Drive; Sunset Drive, between Redlands Boulevard and Caroline Street, to Club Way; and the southerly portion of Caroline Street, between Sunset Drive and Hunts Lane, to Club Way. VACATION OF A PORTION OF A NORTH/SOUTH ALLEY, EAST OF SIERRA WAY, BETWEEN 42ND STREET AND 44TH STREET - PLAN APPROVAL (14) In a memorandum dated May 6, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that a request was received from Don Popovich, owner of Arrowhead Home, Inc. to vacate the portion of the north/south alley that bisects his two properties. This vacation is requested so that this portion- of the alley could be fenced to alleviate safety concerns of the convalescent home's ambulatory residents. The petitioner has deposited the required $375 which represents one-half of the total fee of $750. The remaining $375 will be due after the investigative proceedings. Council Member Miller made a motion, seconded by Council Member Flores, and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the proposed vacation of a portion of a north/south alley, east of Sierra Way, between 42nd Street and 44th Street, in San Bernardino. 9 5/20/91 Council Member Miller made a motion, seconded by Council Member Flores, and unanimously carried, that Plan No. 8469, showing the proposed vacation of a portion of a north/south alley, east of Sierra Way, between 42nd Street and 44th Street, be approved. CLAIMS AND PAYROLL (15) Council Member Miller made a motion, seconded by Council Member Flores, and unanimously carried, that the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated May 15, 1991, from the Director of Finance, be approved. JOINT POWERS FINANCING AUTHORITY REGULAR MEETING (17) Council Member Miller made a motion, seconded by Council Member Flores, and unanimously carried, that the Regular Meeting of the Joint Powers Financing Authority be adjourned to June 17, 1991. RES. NO. 91-178 RESOLUTION OF THE CITY BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN BY THE PUBLIC SERVICES DEPARTMENT. OF SAN RECORDS (18) RES. NO. 91-179 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO DIETRICH INTERNATIONAL FOR THE FURNISHING AND DELIVERY OF ONE (1) EACH NEW BRUSH CHIPPER TRUCK, TO BE UTILIZED BY THE PUBLIC SERVICES/STREET DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-91-11. (22) RES. NO. 91-180 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A SCHEDULE 22, ADDENDUM TO PACIFICORP CAPITAL INC. FOR THE FINANCING OF ONE ( 1) CHIPPER TRUCK, TO BE UTILIZED BY THE PUBLIC SERVICES/STREET DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-91-11. (23) RES. NO. 91-181 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A SCHEDULE 23 ADDENDUM TO LEASE PURCHASE AGREEMENT NUMBER 1112 TO PACIFICORP CAPITAL INC. FOR THE FINANCING OF A DUAL HOST VAX 4000 AND A DEC SYSTEM 5500 NETWORK COMPUTER SYSTEM, TO BE UTILIZED BY THE MANAGEMENT INFORMATION SYSTEM DEPARTMENT IN ACCORDANCE WITH RESOLUTION 91-174 AGREEMENT. (24) Council Member Miller made a motion, seconded by Council Member Flores, and unanimously carried, that said resolutions be adopted. Resolution Nos. 91-178, 91-179, 91-180 adopted by the following vote: Ayes: Council Reilly, Flores, Maudsley, Minor, Pope-Ludlam, None. Absent: None. and 91-181 were Members Estrada, Miller. Nays: 10 5/20/91 PERSONNEL ACTIONS It was the consensus personnel actions to later in of the Council to the Council Meeting. (16) continue (See page the 24) RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO RIVERSIDE CONSTRUCTION COMPANY FOR CONSTRUCTION OF REINFORCED CONCRETE BOX CULVERT, TRAFFIC SIGNALS, CHESTNUT AVENUE STORM DRAIN, AND PALM AVENUE IMPROVEMENTS. (19) A RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING THE PUBLIC REPORT OF THE CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 995. (Verdemont Area) (20) Roger Hardgrave, Director of Public Works/City Engineer, stated that these resolutions cannot be adopted until after the protest hearing for Assessment District No. 987 for the Verdemont area is adopted. (See page 24) RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF HUFF STREET BETWEEN "G" STREET AND CRESCENT AVENUE, AND RESERVING EASEMENTS FOR STORM DRAINS, WATER LINES AND APPURTENANT FACILITIES AND EASEMENTS FOR PUBLIC UTILITIES THEREIN. (21) Roger Hardgrave, Director of Public works/City Engineer, answered questions regarding the traffic study and the amount of traffic which travels along "G" Street. Discussion ensued regarding these streets being recently paved by the City. Council Member Maudsley made a motion, seconded by Council Member Minor, and unanimously carried, that said resolution ordering the vacation of a portion of Huff Street, between "GOO Street and Crescent Avenue, be continued to the Council Meeting of June 17, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino. ' RES. NO. 91-182 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A SCHEDULE 24 ADDENDUM TO LEASE PURCHASE AGREEMENT NUMBER 1112 TO PACIFICORP CAPITAL INC. FOR THE FINANCING OF COMPUTER CAD AND RMS SYSTEMS UPGRADE, TO BE UTILIZED BY THE MANAGEMENT INFORMATION SYSTEM DEPARTMENT IN ACCORDANCE WITH RESOLUTION 91-173 AGREEMENT. (25) 11 5/20/91 RES. NO. 91-183 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A SCHEDULE 25 ADDENDUM TO LEASE PURCHASE AGREEMENT NUMBER 1112 TO PACIFICORP CAPITAL INC. FOR THE FINANCING OF COMPUTER BUSINESS APPLICATION SYSTEMS UPGRADE, TO BE UTILIZED BY THE MANAGEMENT INFORMATION SYSTEM DEPARTMENT IN ACCORDANCE WITH RESOLUTION 91-176 AGREEMENT. (26) Shauna Edwins, City Administrator, presented new cost figures for the purchase of the computer system as follows: Computer Cad cost is $473,357; Computer Business Application System upgrade cost is $312,225. Council Member Maudsley made a motion, seconded by Council Member Flores, and unanimously carried, that said resolutions be adopted. Resolution following vote: Maudsley, Minor, None. Nos. 91-182 and 91-183 were Ayes: Council Member Estrada, Pope-Ludlam, Miller. Nays: adopted Reilly, None. by the Flores, Absent: PROTEST HEARING - STREET VACATION OF A PORTION OF 38TH STREET WEST OF PERSHING AVENUE (27) This is the time and place set for a protest hearing relative to ordering the vacation of a portion of 38th Street west of Pershing Avenue. In a memorandum dated April 29, 1991, Roger G. Hardgrave, Director of Public works/City Engineer, stated that a request was received from Mr. and Mrs. Milo Fowler to vacate a portion of 38th Street, west of Pershing Avenue, in an effort to better utilize their three hillside parcels of property located northwesterly of 38th Street. In this area Thirty-Eighth Street is a "paper" street and has never been constructed. Authorization was given to proceed with the proposed vacation and Plan No. 8254 was approved. Mayor Holcomb opened the hearing. No protests were received. RES. 91-184 - RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF 38TH STREET WEST OF PERSHING AVENUE IN THE CITY OF SAN BERNARDINO AND RESERVING EASEMENTS FOR PUBLIC UTILITIES AND AN EASEMENT FOR INGRESS AND EGRESS FOR A PORTION OF LOT 17 OF TRACT NO. 2436 THEREIN. (27) 12 5/20/91 Council Member Maudsley made a motion, seconded by Council Member Flores, and unanimously carried, that the hearing be closed and the findings of fact as set forth in the staff report from Roger G. Hardgrave, Director of Public works/City Engineer, as to why that portion of 38th Street, west of Pershing Avenue, is no longer necessary for street purposes, be adopted. Council Member Maudsley made a motion, seconded by Council Member Flores, and unanimously carried, that said resolution be adopted. Resolution No. 91-184 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, pope-Ludlam, Miller. Nays: None. Absent: None. PROTEST HEARING VERDEMONT AREA This is the time and regarding Assessment District ASSESSMENT 987- (28) place set for a protest hearing No. 987 in the Verdemont area. DISTRICT NO. In a memorandum dated April 29, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that on March 11, 1991, the Mayor and Council adopted the Resolution of Intention No. 91-71 and Resolution No. 91-72 setting a public hearing and giving preliminary approval to the Engineer's Report. Subsequently, it was noticed that certain tracts within the district had not been properly assessed due to some confusion relative to deposits made by a subdivider and new tracts which had recently been recorded and did not appear in the report. On April 15, 1991, the Mayor and Council adopted Resolution No. 91- 120 approving the modified report. As required by the Municipal Improvement Act of 1913, portions of the streets within the proposed district were posted, notices of improvement were mailed to the property owners in the proposed district, and notice of the adoption of the Resolution of Intention was published. RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING CERTAIN CHANGES AND MODIFICATIONS TO THE ENGINEER'S REPORT IN A SPECIAL ASSESSMENT DISTRICT. (28) RESOLUTION OF THE CITY OF SAN BERNARDINO OVERRULING AND DENYING PROTESTS AND MAKING CERTAIN FINDINGS IN A SPECIAL ASSESSMENT DISTRICT. (28) RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE ASSESSMENT, APPROVING THE ENGINEER'S REPORT AND DESIGNATING THE TREASURER TO COLLECT AND RECEIVE MONEY. (28) Mayor Holcomb opened the hearing. 13 5/20/91 Phillip Maynard, 3111 N. Tustin Avenue, Orange, California, Chief Executive Officer of McClellan Development, spoke in support of the assessment district for the Verdemont area. Richard Jimenez, 7091 Little League Drive, San Bernardino, California, spoke in opposition to Assessment District No. 987. Mary Colacurcio, 2640 W. Cincinnati Street, San Bernardino, California, spoke against the assessment district. Al Walters, 4933 N. "F" Street, San Bernardino, California, owner of five acres on Belmont, stated that the City has proposed to assess him $29,000. He expressed concern as to where residents would obtain this tremendous amount of money. Howell California, Estes, 390 W. 24th Street, San Bernardino, spoke in opposition to Assessment District No. 987. Frank Tracadas, 4151 N. "E " Street, San Bernardino, California, owner of approximately nine acres, spoke against Assessment District No. 987. He suggested that the public hearing be continued to an evening meeting to allow the other residents to attend and protest the assessment district. Ron Carlisle, 3024 W. Belmont Avenue, San Bernardino, California, expressed opposition to Assessment District No. 987. Bill Gallardo, 4494 Carmelina, San Bernardino, California, spoke on behalf of his parents, who reside at the corner of Palm and Ohio Avenue. Mr. Gallardo pointed out that there are several other people who use the intersection of Palm and Kendall where the traffic signal is proposed. Mr. Gallardo stated that his parents are being assessed $41,000. He requested that if the City intends to pursue the assessment district, that the thirty- day payoff period be extended, as his parents would have to obtain a loan to pay this large amount of money. Phillip Smith, 6504 Churchill, San Bernardino, California, expressed opposition to Assessment District No. 987. Dixie Bracken, 2648 Cincinnati, San Bernardino, California, spoke in opposition to the assessment district. Glen Gipson, 6495 Palm Avenue, San Bernardino, California, expressed concern that the only reason for the traffic signal is because of the ongoing development occurring in this area. He spoke against the traffic signal and questioned why the developers do not pay for a portion of these improvements. 14 5/20/91 Mayor Holcomb clarified that developers are required to pay a special additional fee of $7,000 per house earmarked for Verdemont infrastructure. This is in addition to the regular $6,000 paid for building fees. Mayor Holcomb further stated that there is a lack of infrastructure in the Verdemont area in excess of $28 million dollars. Mayor Holcomb pointed out that the parcels with large assessments are large properties which are worth more money than the assessment cost. Mayor Holcomb explained that the 30-day pay-off period cannot legally be extended. Joe Vega, 2654 W. Rosemary Lane, San Bernardino, California, spoke in opposition to Assessment District No. 987. Waneema Hunsaker, 724, Northpark, San Bernardino, California, represented her parents who live at 6824 N. Palm Avenue in San Bernardino, questioned the number of protest letters received and why an evening meeting could not be scheduled. Roger Hardgrave, Director of Public works/City Engineer, stated that the protests received represented 19.35% of the area in the district. Keith California, Litton, 6449 N. Olive Street, San Bernardino, spoke in opposition to Assessment District No. 987. Kevin Mitchell, 6794 N. Little League Drive, San Bernardino, California, spoke in opposition to the assessment district. Mr. Hardgrave, Director of Public Works/City Engineer, defined the infrastructure projects proposed in Assessment District No. 987. Mr. Hardgrave gave a breakdown of the project costs totaling twenty-nine million dollars. Gary Smith, 3288 Meyers Road, San Bernardino, San Bernardino, expressed opposition to Assessment District No. 987. Mr. Smith suggested that the public hearing be continued to an evening meeting so that the working residents could attend. Barbara Corral, 3031 W. Meyers Road, San Bernardino, California, spoke against the assessment district. Phillip Maynard, 3111 W. Tustin Avenue, California, Chief Executive Officer of McClellan Development, spoke in favor of the Assessment District. Mr. Maynard explained that in addition to the regular building fees, McClellan Development pays additional fees for every house built in the Verdemont area. Rod Shain, Spring Boulevard, Los Angeles, assessment district. Mountain Homes, California, spoke 2100 S. Sawtelle in support of the 15 5/20/91 Roger Hardgrave, Director of Public Works/City Engineer answered questions regarding the time frame required to legally establish the assessment district and whether there is sufficient time to conduct an evening meeting. Mr. Hardgrave stated that the only constraint would be the retention of the bid already received for the project. Discussion ensued regarding the possibility bond refinancing funds from the Economic Agency/Development Department for paving of Belmont Avenues. The loan of these funds would be paid by development occurs. of obtaining Development and Irvington developers' as Mayor Holcomb stressed the importance of adopting the assessment district. A discussion was held regarding scheduling an evening meeting in June. Council Member Minor made a motion, seconded by Council Member Flores, that the protest hearing relative to Assessment District No. 987, be continued to June 5, 1991, at 7:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Council Member Minor made a substitute motion, seconded by Council Member Flores, and unanimously carried, that the protest hearing for Assessment District No. 987 for the Verdemont Area be continued to June 10, 1991, at 7:30 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The Council requested staff to prepare drawings the areas proposed for infrastructure improvements Council meeting on June 10, 1991. outlining for the RECESS MEETING At 11:25 a.m., Mayor Holcomb recessed the Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 11:33 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 by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Maudsley, Minor; City Administrator Edwins, City Clerk Krasney. Absent: Council Members Flores, Pope-Ludlam, Miller; City Attorney Penman. 16 5/20/91 DISCUSSION REGARDING PROPOSED OMNITRANS EXPANSION (36) In a memorandum dated May 8, 1991, Council Member Valerie Pope-Ludlam requested that the proposed expansion of Omnitrans be discussed for possible action. COUNCIL MEMBERS FLORES AND MILLER RETURNED At 11:35 a.m., Council Members Flores and Miller returned to the Council meeting and took their place at the council table. Elvira Gallardo, 587 Gardena Street, San Bernardino, California, expressed concern regarding possible future expansion of Omnitrans. She presented a petition containing 149 signatures of residents in the area opposing any further expansion of Omnitrans. CITY ATTORNEY PENMAN RETURNED At 11:37 a.m., City Attorney Penman returned to the Council meeting. COUNCIL MEMBER POPE-LUDLAM RETURNED At 11: 38 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. Discussion ensued regarding other possible available for construction of a new Omnitrans office. locations Council Member Pope-Ludlam made a Council Member Flores, to instruct the City resolution opposing any further expansion present site. motion, seconded by Attorney to prepare a of Omnitrans at its The motion carried by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Abstain: Council Member Estrada. Absent: None. ORD. MC-785 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. (Final) (30) City Administrator Edwins stated that this fireworks ordinance would allow the Spirit Baseball Club to have the fireworks show scheduled for July 4th. She stated that the Spirit Baseball Club has agreed to pay $2,000; however, they have requested that payment be postponed until July 1, 1991. She explained that the $2,000 must be received in a cashier's check by July 1, 1991 or the show would be cancelled. Council Member Reilly made a motion, seconded by Council Member Estrada, that said ordinance be adopted. 17 5/20/91 Ordinance MC-785 was adopted by the following vote: Ayes: Council Member Estrada, Reilly, Maudsley, Pope-Ludlam, Miller. Nays: Council Members Flores, Minor. Absent: None. COMMUNITY DEVELOPMENT COMMISSION At 11:48 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. PRESENTATION - COMMISSIONER FLORES - MT. VERNON AREA CORRIDOR PROJECT COMMITTEE Graciano Gomez, Chairman of the Mt. Vernon Area Corridor Project Committee presented, Commissioner Jess Flores a plaque of appreciation for his dedicated service to the Mt. Vernon Area Corridor Project Committee. Commissioner Flores accepted the plaque of appreciation. CITY ATTORNEY PENMAN EXCUSED City Attorney Penman was excused and was replaced by Senior Assistant City Attorney Barlow. RES. 91-185 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RELATING TO PROCEDURES FOR CITY/PROPERTY OWNER PARTICIPATION IN THE LANDSCAPE DEVELOPMENT PROGRAM FOR PROPERTY FRONTAGES LOCATED ON THE PUBLIC RIGHTS-OF-WAY AND WITHIN THE BUILDING SET BACK AREA UP TO A MAXIMUM OF TWENTY (20) FEET. (R-5A) ORD. MC-786 - 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. (Final) (R-SB) Ken Henderson, Executive Director, Development Department, highlighted the streets involved in the landscape maintenance incentive program. The Council expressed concern that certain streets in the area were not included in the landscape maintenance incentive program. Council Member Flores made a motion, seconded by Council Member Miller, and unanimously carried, that said resolution be adopted; and that said ordinance be adopted as amended by interdelineation, to include Lynwood Street from the wash to Del Rosa and Sterling Avenues. 18 5/20/91 Resolution Council Members Ludlam, Miller. 91-185 was adopted by the following vote: Estrada, Reilly, Flores, Maudsley, Minor, Nays: None. Absent: None. Ayes: pope- Ordinance MC-786 was adopted by the following vote: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Ludlam, Miller. Nays: None. Absent: None. Ayes: Pope- ECONOMIC DEVELOPMENT AGENCY REORGANIZATION (R-7D) In a memorandum dated May 14, 1991, Kenneth J. Henderson, Executive Director, Development Department, stated that the Mayor and Council had previously taken certain actions in connection with the Economic Development Agency (EDA) reorganization. Most of the actions taken have been in connection with the consolidation of the Redevelopment Agency and the Community Development Department into the Development Department. This item relates specifically to issues arising subsequent to the policy decisions made by the Council and Commission in connection wi th the reorganization. Currently, there are forty-four (44 ) positions, including the Homeless Services Analyst contract position, assigned to EDA. At present, forty-two (42) of these positions are assigned to the Development Department. The actions proposed would reduce the number of Development Department positions from forty-two (42) to forty (40), including the Mobile Home Rent Board Director position, and increase Agency Administration from two (2) positions to five (5) positions. The overall number of positions assigned to the EDA/Development Department increases by one (1), from forty-four (44) to forty-five (45). Tim Steinhaus, Agency Administrator, Economic Development Agency, explained that the overall dollar amount for the added position of the Mobile Home Rent Board Director would not increase, as this position is currently being paid with EDA funds, but is assigned to the City Administrator's Office. Council Member pope-Ludlam made a motion, seconded by Council Member Flores, that the Mayor and Common Council authorize the incorporation of the Mobile Home Rent Board Director position into the Housing Division of the Development Department and authorize the Director of Personnel to amend Resolution Number 6433 accordingly. Ken Henderson, Executive Director, Development Department, answered questions regarding the Homeless Services Analyst position and why it is proposed to become a permanent position of the Development Department. Mr. Henderson further explained that the Homeless Services Analyst has prepared a quarterly report outlining his/her accomplishments. The Council discussed the reasoning for establishing the Homeless Services Analyst as a permanent position. 19 5/20/91 Council Member Estrada made a substitute motion, seconded by Council Member Miller, to refer the Economic Development Agency reorganization to the Redevelopment Committee. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Maudsley, Miller. Council Member Minor, Pope-Ludlam. Absent: None. Council Nays: RES. 91-186 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF CERTAIN UNDERGROUNDING IMPROVEMENTS FOR THE STATE COLLEGE REDEVELOPMENT PROJECT AREA. (R-9) Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that said resolution, be adopted. Resolution No. 91-186 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 91-187 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF ASSISTING IN THE DEVELOPMENT OF A LOW- AND MODERATE- INCOME FAMILY RELOCATION PROJECT. (R-13) Council Member Miller made a motion, seconded by Council Member Reilly, and unanimously carried, that said resolution be adopted. Resolution No. 91-187 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. FINANCING OF CAROUSEL FOR CENTRAL CITY MALL (R-14) In a staff report dated May 15, 1991, Kenneth J. Henderson, Executive Director, Development Department, stated that the Mayor and Council and Community Development Commission approved a loan from the Development Department to the Central City Mall Merchants' Association (CCMA) in the amount of $876,000 for installation of a carousel and certain improvements and costs throughout the mall. The loan term is for ten (10) years, and bears an interest rate of eight percent (8%). The Redevelopment Committee considered several sources of funds for the loan and, rather than use limited tax increment funds, is recommending that the Community Development Commission borrow $900,000 from the City of San Bernardino sewer line construction fund. This loan would be payable upon demand and would bear an interest rate of one-half of one percent (.5%) above the rate of interest received by the City currently calculated at six percent. 20 5/20/91 Council Member Miller made a motion, seconded by Council Member Flores, and unanimously carried, that the Mayor and Common Council authorize the loaning of $900,000 from its sewer line construction fund to the Development Department at an interest rate of one-half of one percent (.5%) above the rate of interest currently received by the City, with the loan callable upon demand and secured by the Development Department's bond proceeds. RECESS MEETING At 12:21 p.m., Mayor Holcomb recessed the Regular the Mayor and Common Council/Community Development until 2:00 p.m. Meeting of Commission RECONVENE MEETING At 2:02 p.m., Mayor Holcomb reconvened the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Reilly, Maudsley, Minor, Pope-Ludlam; City Attorney Penman, City Administrator Edwins, City Clerk Krasney. Absent: Council Members Estrada, Flores, Miller. GENERAL PLAN AMENDMENT NO. 90-11 SITES BAND C- CHANGE LAND USE DESIGNATION FROM RH AND RMH TO CG-l ON TWO AREAS EAST AND WEST OF FERREE STREET AND NORTH OF THE 1-10 FREEWAY (39) In a memorandum dated May 6, 1991, Larry E. Reed, Director of Planning/Building Services, stated that this is a city- initiated General Plan Amendment to change the land use designations from RM, Residential Medium and RMH, Residential Medium High to CG-1, Commercial General on Sites Band C respectfully. Site B consists of approximately 10.4 acres located on the northeast corner of Ferree Street and the 1-10 Freeway. Site C consists of approximately 3.2 acres comprised of 19 parcels fronting on the north side of Laurelwood Drive between Tippecanoe Avenue and Ferree Street. It was determined that having Sites Band C redesignated CG-1 would not cause any environmental impacts. COUNCIL MEMBERS ESTRADA, FLORES AND MILLER RETURNED At 2:03 p.m., Council Members Estrada, Flores and Miller returned to the Council meeting and took their places at the council table. Mayor Holcomb opened the hearing. There were no protests. 21 5/20/91 RES. 91-188 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 90-11 (SITES B AND C) TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (39) Council Member Minor made a motion, seconded by Council Maudsley, and unanimously carried, that the hearing be closed and the resolution be adopted to approve General Plan Amendment No. 90-11 (Sites B and C). Resolution No. 91-188 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. . GENERAL PLAN AMENDMENT NO. 90-14B - PROPOSAL TO CHANGE THE TEXT OF THE RS TO RL DESIGNATIONS TO PERMIT ATTACHED AND DETACHED UNITS ON CITY-WIDE BASIS- CONTINUED FROM MAY 6, 1991 (38) This is the time and place continued to for 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 city- wide basis. In a memorandum dated April 22, 1991, Larry E. Reed, Director of Planning/Building Services, stated that this is a proposal to change the text of RS, Residential Suburban, land use designation to permit attached and detached units in cluster developments. Concurrently, staff is evaluating a text amendment of the same type for RL, Residential Low land use designation. The proposed text amendments would apply to areas designated RS and RL, citywide. Upon adoption of the General Plan, cluster developments of attached or detached units as permitted uses were not included in the RS or RL designations. Also, in the staff report dated March 19, 1991, staff stated that in the past, cluster development has been used to group dwelling units together to enclose a common area and create a defensible enclosure. Today, it is used to conserve environmentally sensitive or hazardous areas and to facilitate development on sites subject to environmental constraints. Larry Reed, Director of Planning/Building Services, gave the background of this request to change the text of the RS and RL land use designations to permit attached and detached units on a city-wide basis. Mr. Reed stated if the City proceeds with changing the text, the City must establish design guidelines to insure that attached or cluster developments are indeed compatible with adjoining single family neighborhoods. Mayor Holcomb opened the hearing. A discussion ensued regarding establishing these design guidelines, which would require a conditional use permit. 22 5/20/91 Mayor Holcomb stated that the City is not approving any specific project, this is merely to establish a tool for good quality development. He clarified that if the project does not promote quality development, the project can be denied. Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam, that the hearing be closed and that General Plan Amendment No. 90-14B be approved and that staff be directed to prepare the resolution. The Council discussed whether clustered housing in RS would require the same number of houses per acre. Larry Reed, Director of Planning/Building Services, stated that the change in the land use designation would not increase density. A discussion was held regarding the height limit for cluster housing adjoining single family housing. Mr. Reed explained that the current zoning allows a developer to build a 35-foot high single family house, and that through the conditional use permit process, the City could limit the height of a development so that it is compatible with the surrounding neighborhood. Richard Sigland, Sigland & Associates, Surveyor and Land Developer, 2455 Willow Drive, San Bernardino, California, expressed concern regarding clustered housing. He recommended that the City allow density transfer in order to accommodate cluster housing. He suggested that staff develop guidelines which developers must follow when developing clustered housing. Discussion ensued regarding establishing outline regulations a developer must comply with clustered housing. Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, California, spoke in opposition to General Plan Amendment No. 90- l4B. Ms. Kopczynski pointed out that there is a proposed development, on a 500 acre subdivision, behind the State College area which the developer has requested a change in the land use designation from RL to RS. This would bring in a higher density to an area where it should be a lower density. She suggested that the land designation remain single family density in the environmentally sensitive areas. guidelines to when developing Mayor Holcomb explained that this is not a zone change or a change in density; this merely allows under certain strict guidelines, clustering of single family housing in order to get a better housing development. 23 5/20/91 Will Sturn, 3617 Hemlock Drive, San Bernardino, California, spoke in opposition to changing the text of RS and RL designations. He recommended that the Council not make any changes in the text of the RS and RL land use designations. Bob Cantu, Post Office Box 1411, San Bernardino, California, spoke against the proposal to change the text of the RS and RL designations. Council Member Reilly made a substitute motion, seconded by Council Member Pope-Ludlam, that the proposal to change the text of RS and RL designations to permit attached and detached units be continued to July 15, 1991, in the Council Chambers and that staff be directed to develop guidelines for this process. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Minor, Pope-Ludlam, Miller. Council Members Flores, Maudsley. Absent: None. Council Nays: COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council meeting. PERSONNEL ACTIONS (16) Council Member Estrada made a motion, seconded by Council Member Flores, and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated May 9, 1991, in accordance with all administrative regulations of the City of San Bernardino, be approved. (See also page 11) COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council meeting and took his place at the council table. RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO RIVERSIDE CONSTRUCTION COMPANY FOR CONSTRUCTION OF REINFORCED CONCRETE BOX CULVERT, TRAFFIC SIGNALS, CHESTNUT AVENUE STORM DRAIN, AND PALM AVENUE IMPROVEMENTS. (See also page 11) (19) A RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING THE PUBLIC REPORT OF THE CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 995. (VERDEMONT AREA) (20) (See also page 11) Council Member Minor Member Pope-Ludlam, and resolutions be continued to Council Chambers of City Bernardino, California. made a motion, seconded by Council unanimously carried, that said Monday, June 10, at 7:30 p.m., in the Hall, 300 North "D" Street, San 24 5/20/91 DEVELOPMENT CODE - PROPOSED AMENDMENTS - SINGLE ROOM OCCUPANCY (SRO) FACILITIES - CONTINUED FROM MAY 6, 1991 (29) the time and place continued to for proposed the Development Code for Single Room Occupancy This is amendments to facilities. Standards for Single Room Occupancy (SRO) facilities were outlined in a proposed draft dated April 1, 1991. These guidelines would be added to Section 19.02.050 of the San Bernardino Municipal Code. An SRO facility would be an allowed use with an approved Conditional Use Permit in the CG-2 and CR-2 land use districts. In the draft outline, SRO facilities are described as a cluster of seven or more units within a residential hotel of weekly or longer tenancy providing sleeping or living facilities for one or two persons in which sanitary facilities may be provided in the unit, and cooking facilities may be shared within the hotel. Council Member pope-Ludlam made a motion, seconded by Council Member Estrada, and unanimously carried, that the proposed amendments in the Development Code related to the Single Room Occupancy facilities be continued to Monday, June 17, 1991, at 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 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. (CONTINUED FROM MAY 6, 1991) (First) (31) Council Member Pope-Ludlam made a Council Member Reilly, and unanimously ordinance be laid over for final passage. motion, seconded by carried, that said 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. (See related item 30 on page 17) (First) (32) Council Member Reilly, made a motion, seconded by Council Member Miller, and unanimously carried, that said ordinance be laid over for final passage. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 19.02.040, 19.31.010 AND 19.70.020 OF THE SAN BERNARDINO MUNICIPAL CODE (THE DEVELOPMENT CODE) RELATING TO INTERPRETATION OF THE GENERAL PLAN BY THE PLANNING COMMISSION. (First) (33) 25 5/20/91 Mayor Holcomb stated that this ordinance relates to the interpretation of the General Plan. Originally, it was voted that the Planning Director would interpret the General Plan with provisions for appeals to the Planning Commission. Mayor Holcomb stated that as issues arise the City needs to respond in an expedi tious and cons istent manner; therefore, the General Plan should be interpreted by the Planning Director. Discussion ensued regarding the manner in which the staff report was written. It indicates that the Planning Commission has authority over the General Plan and the Planning Director has authority over the Development Code. Larry Reed, Director of Planning/Building Services, clarified that the previous ordinance adopted for the Development Code basically gives the Planning Director authority to interpret both the Development Code and the General Plan. He stated that the ordinance before the Council places the power of making interpretations of the General Plan back with the Planning Commission. A discussion was held regarding whether the interpretation authority of the General Plan should be given to the Planning Director or to the Planning Commission. It was recommended that the Development Code be interpreted by the Planning Director and the General Plan be interpreted by the Planning Commission. Helen Kopczynski, 8150 Cable Canyon, San Bernardino, spoke in support of development projects going before the Planning Commission. Larry Reed, Director of Planning/Building Services, further explained that the initial staff recommendation to the Planning Commission was to have the interpretation of the Development Code done by the Planning Director and the General Plan done by the Planning Commission. Council Member Maudsley made a motion, seconded Member Flores, that said ordinance be laid over passage. by Council for final A discussion ensued regarding the time frame in which a person has to appeal a decision made by the Planning Director. Larry Reed, Director of Planning/Building Services, stated that a system would be developed setting guidelines in which a developer has to appeal any decision made regarding their project. 26 5/20/91 The motion carried by the following vote: Members Estrada, Reilly, Flores, Maudsley, Miller. Members Minor, Pope-Ludlam. Absent: None. Ayes: Council Nays: Council AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 9.04.495 AND ADDING SECTIONS 5.04.496, 5.04.497 AND 5.04.498 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO TRANSIENT MERCHANTS AND TEMPORARY BUSINESSES. (34) City Attorney Penman requested that this ordinance' be continued as some minor details are still being negotiated. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. Council Member Reilly made a motion, seconded by Council Member Minor, and unanimously carried, that said ordinance be continued to the Council meeting of June 3, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. DISCUSSION REGARDING METHOD OF SELECTION FOR COUNCIL COMMITTEE ASSIGNMENTS (35) In a memorandum dated May 8, 1991, Council Member Tom Minor, presented a rotation schedule prepared by Council Member Michael Maudsley. The proposed schedule would commence on June 3, 1991 when the City Clerk would pick numbers one through seven from a container and assign them, in the order picked, to a list of the Council committees. This sequence would continue until three council members are assigned to each committee. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the council table. Council Member Minor made a motion, seconded by Council Member Maudsley, to adopt the recommended rotation schedule regarding Council committee assignments. The motion failed by the following vote: Member Mauds ley, Minor, Pope-Ludlam. Nays: Estrada, Reilly, Flores, Miller. Absent: None. Ayes: Council Council Members APPEAL FOR WAIVER OF PARK USE FEES - $265 - GARDEN FESTIVAL AT SECCOMBE LAKE PARK - JULY 26, 1991 - 9:00 A.M. THROUGH 12:00 P.M. 4H YOUTH PROGRAM SAN BERNARDINO COUNTY - LORRI CASTRO-AGUILERA (37) In a letter dated May 8, 1991, Lorri Castro-Aguilera requested that the park fees be waived for use of Seccombe Lake Park on July 26, 1991. The reason for this request is that the 4H Youth Program is a non-profit organization operating on limited funds. 27 5/20/91 Council Member Flores made a motion, seconded by Council Member Reilly, and unanimously carried, that the request for a waiver of park fees for use of Seccombe Lake Park be continued to June 3, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COMMUNITY DEVELOPMENT COMMISSION/ECONOMIC AGENCY At 3: 24 Meeting was Chambers of California. DEVELOPMENT p.m., the Community Development Commission Regular reconvened by Chairman Holcomb in the Council City Hall, 300 North "D" Street, San Bernardino, PUBLIC HEARING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING - FY 1991/92 (R-16) In a staff report dated May 13, 1991, Kenneth J. Henderson, Executive Director, Development Department, reported that on February 11, 1991, the Mayor and Council approved and adopted the FY 1991/92 Community Development Block Grant (CDBG) Program Mix and authorized staff to solicit proposals for same. The proposal submittal period was Friday, March 1, 1991 through Monday, April 1, 1991, by 4:00 p.m., during which time sixty-two proposals were received for public services and capital improvements. Recent Housing Urban Development (HUD) changes in the CDBG regulations allow the use of fifteen percent (15%) of the program income to be added and used specifically for the public services category, which increased the amount previously allocated by $66,600 (from $281,700 to $348,300). The Community Development Citizens Advisory Committee met on four occasions and recommended funding of the list presented on Exhibit "A". Mr. Henderson outlined the CDBG program mix projects being recommended for approval. Chairman Holcomb opened the hearing. Janet Reynolds of the San Bernardino Unified School District, spoke on behalf of the Emmerton Elementary School project which was denied CDBG funding. Ms. Reynolds stated that the project was deemed ineligible by the City because, according to the 1990 Census, it did not meet poverty levels. However, Ms. Reynolds pointed out that the County of San Bernardino used the same criteria as the City and the project qualified for County funding. Barbara Frank, 810 Matthew Court, Redlands, California, spoke in support of the Emmerton Elementary School project. The Council discussed the possibility of funding the Emmerton Elementary School project. 28 5/20/91 Sharon Sarnowski, representing American Association, questioned why receive any CDBG funding. the the Inland Area association Native did no:!: Ken Henderson, Executive Director, Development Department, explained that the Inland Area Native American Association project was denied funding because HUD does not allow services to be restricted to anyone ethnic group. A discussion was held regarding monies from the San Manuel Indian Bingo agreement to possibly assist in funding the Inland Area Native American Association. Council Member Estrada made a motion, seconded by Council Member Miller, and unanimously carried, that staff be directed to research the funding agreement with the San Manuel Indian Bingo regarding the disbursement of funds to smaller organizations. Council Member Member Flores, and closed. Minor made unanimously a motion, carried, seconded by Council that the hearing be Council Member Miller made a motion, seconded by Council Member Flores, and unanimously carried, that the FY 1991/92 CDBG funding recommendations prepared by the Community Development Citizen Advisory Committee be approved and adopted by the Mayor and Common Council. Further, that the Mayor and Common Council authorize and direct staff to prepare and submit the FY 1991/92 Statement of Objectives and projected use of funds to the U.S. Department of Housing and Urban Development. Council Member Miller made a motion, seconded by Council Member Flores, and unanimously carried, that staff be directed to find funding in the amount of $20,000 for the San Bernardino Unified School District Emmerton Elementary School project. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 3:49 p.m., Council Member Pope-Ludlam left the Council meeting. APPOINTMENT - BILL HANKS - MOBILE HOME RENT In a memorandum dated May 10, 1991, recommended the appointment of Bill Hanks to Rent Board. BOARD (S-l) Mayor Holcomb the Mobile Home Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that the appointment of Bill Hanks to the Mobile Home Rent Board, as requested by Mayor Holcomb, be approved. 29 5/20/91 APPOINTMENT - PATRICIA ANDERSON HOME RENT BOARD In a memorandum dated recommended the appointment of member to the Mobile Home Rent - ALTERNATE TO MOBILE (S-2) Mayor Holcomb as an alternate May 10, 1991, patricia Anderson, Board. Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that the appointment of patricia Anderson, as an alternate member to the Mobile Home Rent Board, as requested by Mayor Holcomb, be approved. APPOINTMENT - DAVE LIGHT - BUREAU OF FRANCHISES (S-3) In a memorandum dated May 16, 1991, Council Member Miller recommended the appointment of Dave Light to the Bureau of Franchises. Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that the appointment. of Dave Light to the Bureau of Franchises, as requested by Council Member Miller, be approved. INSTALLATION OF HEATING/AIR CONDITIONING SYSTEM- JOHNSON HALL COMMUNITY CENTER - APPROVAL OF PLANS & AUTHORIZATION TO ADVERTISE FOR BIDS (S-4) In a memorandum dated May 14, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that plans for the installation of a heating/air conditioning system for Johnson Hall have been prepared by the Engineering Division and the project is ready to be advertised for bids. The project consists of furnishing and installing two 4-ton HVAC units, and a complete system for ducts and registers. The estimated total project cost is $14,950. Council Member Reilly made a motion, seconded by Council Member Estrada, and unanimously carried, that the plans for installation of a heating/air conditioning system for Johnson Hall, in accordance with Plan No. 8460, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids. INSTALLATION OF TUBULAR STEEL FENCING - JOHNSON HALL COMMUNITY CENTER - APPROVAL OF PLANS & AUTHORIZATION TO ADVERTISE FOR BIDS (S-5) In a memorandum dated May 15, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that plans for the installation of tubular steel fencing at the Johnson Hall Community Center have been prepared by the Engineering Division and the project is ready to be advertised for bids. The project consists of installing 213 linear feet of 6' tubular steel fencing in order to control illegal drug activities. The estimated total project cost is $10,800. 30 5/20/91 Council Member Reilly made a motion, seconded by Council Member Estrada, and unanimously carried, that the plans for installation of a tubular steel fence at the Johnson Hall Community Center, in accordance with Plan No. 8482, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids. WIDENING OF 40TH STREET (SOUTH SIDE) FROM THIRD AVENUE TO COTTAGE DRIVE - APPROVAL OF PLANS & AUTHORIZATION TO ADVERTISE FOR BIDS (5-6) In a memorandum dated May 14, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that plans for widening the south side of 40th Street, from Third Avenue to Cottage Drive, have been prepared by the Engineering Division, and the project is ready to advertise for bids. The project consists of installing curb and gutter, and in-fill paving, adjacent to two parcels and the Flood Control Basin, from the west boundary to Cottage Drive, in order to provide two continuous eastbound traffic lanes. The owners of the two parcels have dedicated the necessary additional right-of-way, and the Flood Control District has verbally indicated that they would sell the 22 feet, between the existing street right-of-way line and their fence, for the amount of $4,200. The estimated total project cost is $96,500. Council Member Minor made a motion, seconded by Council Member Maudsley, and unanimously carried, that the plans for widening 40th Street, from Third Avenue to Cottage Drive, in accordance with Plan No. 8433, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids. Council Member Minor made a motion, seconded by Council Member Maudsley, and unanimously carried, that the transfer of $21,500 from Account No. 250-670-57483, "Tippecanoe Avenue- Redlands Boulevard to Victoria Avenue", to Account No. 250-670- 57478, "40th Street - Fill-in Section of Curb and Gutter", be approved. RECESS MEETING At 3:51 p.m., the Mayor and Development Commission recessed following: Common Council and Community to closed session for the (l & 5-7) 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: ; b. to consider personnel matters pursuant to Government Code Section 54957; 31 5/20/91 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 Sect'ion 54957; e. to confer with the attorney regarding pending Ii tigation pursuant to Government Code Section 54956.9(b)(I), as there is significant exposure to litigation; 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: 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. Ci ty of San Bernardino. et al- United States District Court Case No. SA 88-461 AHS (RWRx); City of Redlands vs. Inland Valley Development Aaency. 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. Ci ty 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. Dvkes - San Bernardino Superior Court Case No. 254883; 32 5/20/91 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 Connie Garibay vs. City of San Bernardino - San Bernardino Superior Court Cast No. 237901; Citv of San Bernardino vs. County of San Bernardino- Riverside Superior Court Case No. 207900; Todd Detinne vs. Citv of San Bernardino - Superior Court Case No. 255881. CLOSED SESSION At 3:51 p.m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney. Absent: City Administrator Edwins'. Also present: Timothy Steinhaus, Agency Administrator and Kenneth Henderson, Executive Director of the Economic Development Agency. ADJOURN CLOSED SESSION At 4: 05 p.m., the closed session was adjourned to the Regular Meeting of the Mayor and Common Council and Community Development Commission in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 4:05 p.m., Mayor Holcomb reconvened the Regular Meeting of the Mayor and Common Council and Community Development Commission 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, Miller; City Attorney Penman, City Administrator Edwins, City Clerk Krasney. Absent: Council Member Pope-Ludlam. 33 5/20/91 URGENCY ITEM - MT. VERNON CORRIDOR PROJECT AREA Council Member Minor made a motion, seconded by Council Member Flores, and unanimously carried, that the matter concerning the Mt. Vernon Corridor Project area, which arose subsequent to the posting of the agenda, be considered. ORD. MC-787 AN ORDINANCE OF THE CITY OF SAN BERNARDINO IMPOSING IN CERTAIN DEFINED AREAS AN INTERIM HOLD ON APPROVAL OF DEVELOPMENT PERMITS, CONDITIONAL USE PERMITS AND OTHER ACTIONS DEFINED AS DISCRETIONARY, AND DECLARING THE URGENCY THEREOF. (Final) (Urgency Item) City Clerk Krasney read the title of the urgency ordinance for the Mt. Vernon Corridor Project Area. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. Council Member Council Estrada, and adopted. Pope-Ludlam made a motion, seconded by unanimously carried, that said ordinance be Ordinance MC-787 was adopted by the following vote: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Ludlam, Miller. Nays: None. Absent: None. Ayes: Pope- COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. ADJOURNMENT At 4:12 p.m., Council Member Minor made a motion, seconded by Council Flores, and unanimously carried, that the Regular Meeting of the Mayor and Common Council be adjourned to Wednesday, May 22, 1991 at 9:00 a.m., at Highland Springs Conference Center in Beaumont, California. RACHEL KRASNEY City Clerk By dlll7drO)~aJ Sandra Medina, Deputy City Clerk No. of Items: 60 No. of Hours: 6 34 5/20/91