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HomeMy WebLinkAbout06-17-1991 Minutes City of San Bernardino, California June 17, 1991 The regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Pro Tempore Minor at 8:33 a.m., Monday, June 17, 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 Minor; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Mayor Holcomb; Council Member Miller. RECESS MEETING - CLOSED SESSION (1) At 8:33 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the 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: ; b. to consider personnel matters pursuant to Government Code Section 54957; c. to meet with designated representatives regarding l~bor 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; f. to confer with the litigation pursuant to 54956.9(b)(1), as there litigation; to confer with the attorney regarding litigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; attorney regarding pending Government Code Section is significant exposure to e. pending Section decide 1 6/17/91 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: City of San Bernardino vs. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239193; Stubblefield Construction Companv. et al vs. Citv of San Bernardino. et al - San Bernardino Superior Court Case No. 242998; San Bernardino Superior Court Case No. 252058; Sock Dawson. et al vs. Ci tv of San Bernardino. et al- United States District Court Case No. SA 88-461 AHS (RWRx); Citv of Redlands vs. Inland Vallev Development Agencv. et al - San Bernardino Superior Court Case No. 255222; Countv vs. Citv 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- City of San Bernardino vs. Dykes - San Bernardino Superior Court Case No. 254883; Saab vs. City of San Bernardino - Fourth District Court of Appeals Case No. E008652; Zaharopoulos vs. Citv of San Bernardino - United States District Court - Case No. SACV 90-519 RWR; Citv of San Bernardino vs. Patrick Media/Gannett Outdoor. et al - Riverside Superior Court Case No. 205749. CLOSED SESSION At 8:33 a.m., Mayor Pro Tempore Minor 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 Pro Tempore Minor; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Mayor Holcomb; Council Member Miller. Also present: Deputy City Attorney Simmons. 2 6/17/91 READING OF RESOLUTIONS AND ORDINANCES Deputy City Clerk Vale read the titles of all the resolutions and ordinances on the regular, supplemental and Community Development Commission agendas while the Council was in closed session. DEPUTY CITY ATTORNEY EMPENO ARRIVED At 8:35 a.m., Deputy City Attorney Empeno arrived at the closed session. MARGARET SCROGGIN, ADMINISTRATIVE OPERATIONS SUPERVISOR, ATTORNEY'S OFFICE ARRIVED At 8:40 a.m., Margaret Scroggin, Administrative Operations Supervisor, arrived at the closed session. SENIOR ASSISTANT CITY ATTORNEY BARLOW ARRIVED At 8:44 a.m., Senior Assistant City Attorney Barlow arrived at the closed session. ADMINISTRATIVE OPERATIONS SUPERVISOR SCROGGIN EXCUSED At 8:50 a.m., Administrative Operations Supervisor Scroggin left the closed session. COUNCIL MEMBER MILLER ARRIVED At 8:51 a.m., Council Member Miller arrived at the closed session. CITY ADMINISTRATOR EDWINS EXCUSED At 9:08 a.m., City Administrator Edwins left the closed session. COUNCIL MEMBER MILLER EXCUSED At 9:17 a.m., Council Member Miller left the closed session. ADJOURN CLOSED SESSION At 9:25 a.m., the closed session was adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 9:34 a.m., Mayor Pro Tempore Minor 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 Pro Tempore Minor; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam; Senior Assistant City Attorney Barlow, City Clerk Krasney, City Administrator Edwins. Absent: Mayor Holcomb; Council Member Miller. 3 6/17/91 INVOCATION The invocation was given by Pastor Isabella Brazier, Church of Christ Apostolic Ministries. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Hernandez. COUNCIL MEMBER MILLER RETURNED At 9:38 a.m., Council Member Miller returned to the Council meeting and took her place at the council table. MOMENT OF SILENCE FOR FORMER COUNCIL MEMBER JESS ARIAS Mayor Pro Tempore Minor requested a moment of silence for former Council Member Jess Arias, who passed away on June 8, 1991. COMMENDATION COMMUNITY J. Lorraine Velarde, Executive a resolution commending Jim King, California Gas Company, for his community of San Bernardino. - JIM KING - OUTSTANDING SERVICE TO THE (4) Assistant to the Mayor, read representative of Southern outstanding service to the Jim King accepted the resolution of commendation from Mayor Pro Tempore Minor. SERVICE PIN AWARD CEREMONY (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of those City employees receiving service pins. Each employee received a service pin from Mayor Pro Tempore Minor in gratitude of his/her many years of service to the City. ANNOUNCEMENT - COUNCIL MEMBER MILLER - 2ND ANNUAL 4TH OF JULY CELEBRATION - SECCOMBE LAKE PARK (2) Council Member Miller announced that the 2nd Annual 4th of July Pops Concert would be held at Seccombe Lake Park. INTRODUCTION - AL BOUGHEY - PLANNING DIRECTOR Shauna Edwins, City Administrator, introduced Al Boughey, newly appointed Planning/Building Services Director. APPOINTMENT - JOE S. MABRY, JR. - ALTERNATE MEMBER - POLICE COMMISSION (S-2) In a memorandum dated June 11, 1991, Mayor Holcomb requested the appointment of Joe S. Mabry, Jr., as an alternate member of the Police Commission. 4 6/17/91 Council Member Miller made a motion, seconded by Council Member Reilly, and unanimously carried, to approve the appointment of Joe S. Mabry, Jr., as alternate member of the Police Commission, per Mayor Holcomb's request. CLOSED SESSION - APPOINTMENT - HERB WESSEL - CIVIL SERVICE BOARD Mayor Pro Tempore Minor announced that the Council discussed in closed session the appointment of Herb Wessel to the Civil Service Board. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, to approve the appointment of Herb Wessel to the Civil Service Board. PUBLIC COMMENTS - MARK EDWARDS (3) Mark Edwards, 599 N. Arrowhead Avenue, San Bernardino, CA, expressed concerns regarding the possible new site of the County Medical Center at Pacific and Arden. He stated that the County Medical Center must remain in the City of San Bernardino, and encouraged the City to retain the hospital in the City. PUBLIC COMMENTS - BRETT E. MICKENS (3) Brett Mickens, 1175 N. Wall Avenue, San Bernardino, CA, voiced concerns about the loitering and drug activity occurring next to his house, which is adjacent to a gas station with a mini market. He stated that there is a tremendous amount of loitering and public drinking at the site. He stated that the Police Department had been contacted, but it is very difficult for them to respond because of the shortage of personnel. PUBLIC COMMENTS - CAROLINE GONZALES (3) Caroline Gonzales, Manager of Meadowbrook Apartments, 191 W. 2nd Street, San Bernardino, CA, stated that the City does not have enough police officers to handle the crime in the City. She recommended that the City hire additional police officers to patrol the City. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 10:04 a.m., Council Member Pope-Ludlam left the Council meeting. WAIVE READING OF RESOLUTIONS AND ORDINANCES (5) Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas be waived. 5 6/17/91 EXPENDITURE OF $74,900 IN ASSET SEIZURE FUNDS- PURCHASE OF "WINDOW" PACKAGE UPGRADE POLICE RMS COMPUTER SOFTWARE PROGRAM (8) In a memorandum dated June 6, 1991, Police Chief Dan Robbins, stated that the Police Department would be upgrading its computer hardware, and that a number of data entry problems have surfaced that could be corrected if a newer RMS software version were installed. This would be the ideal time to upgrade the RMS software program. The "Window" package would make staff in the Police Department's Record Bureau Division more proficient and productive. Therefore, Chief Robbins recommended purchase of the RMS software program for $74,900 from asset forfeiture funds. Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously carried, to approve the expenditure of $74,900 in asset forfeiture funds to purchase the "Windows" computer software upgrade to the Police Records Management Program. CHANGE ORDER NO. TWO - MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICTS 974, 975, 981, 986 AND 989 - J & R LANDSCAPE MAINTENANCE INC. - CONTRACT EXTENSION FOR ONE YEAR NO CONTRACT INCREASE FOR DISTRICTS 974 AND 981 (9) In a memorandum dated May 28, 1991, Roger Hardgrave, Director of Public Works/City Engineer, requested approval of Change Order No. Two to the contract with J & R Landscape Maintenance to extend the contract for one year, from July 1, 1991 to June 30, 1992. There would not be a change in the contract unit price for Assessment District Nos. 974 and 981; however, quantities for Assessment District Nos. 975 and 986 would be expanded to incorporate Tract Nos. 13953 and 14235; an increase of $6,023.50 for a total of $14,164. The landscaped area within Assessment District No. 986 would increase from 16,100 square feet to 74,665 square feet due to the inclusion of Tract No. 14325. Assessment District No. 975 would be increased from 5,232 square feet to 5,818 square feet and the contract bid price would increase from $3,000 to $4,200. Assessment District No. 989 was established since this district was within the vicinity of the other districts in the contract and would be added by Change Order No. Two at the negotiated bid contract price of $3,600 which is approximately 25% under the estimated cost. 6 6/17/91 Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously carried, that Change Order No. Two to the contract with J & R Landscape Maintenance, for maintenance of landscaping in Assessment District Nos. 974, 975, 981 and 986, in accordance with Plan Nos. 6998, 7l18-A, 7316 and 7645, be approved; extending the contract for a period of one year, with no change in the annual contract price of Assessment District Nos. 974 and 981, expanding the scope of work in Assessment District Nos. 975 and 986 to incorporate the landscaping of Tract Nos. 13953 and 14235, and incorporate the newly formed Assessment District No. 989, located at Mill Street and Macy Street. TRAFFIC SIGNALS AND RAMP WIDENING 1-10 EASTBOUND OFF-RAMP AT REDLANDS BOULEVARD - ADOPTION OF NEGATIVE DECLARATION & FINDING OF CONSISTENCY (11) In a memorandum dated May 31, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, reported that the negative declaration for Public Works Project No. 91-06 was recommended for adoption by the Environmental Review Committee. A 21-day public review period was afforded from May 16, 1991 to June 5, 1991 and no comments were received. Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously carried, that the negative declaration for Public Works Project No. 91-06, installation of traffic signals and ramp widening at 1-10 eastbound off-ramp at Redlands Boulevard, be adopted. Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously carried, that a finding be made that the installation of traffic signals and ramp widening at 1- 10 eastbound off-ramp at Redlands Boulevard, is consistent with the circulation element of the General Plan. WAIVER TO CONNECT TO SEWER SYSTEM - CONSTRUCTION OF TWO SINGLE FAMILY HOUSES - EAST SIDE OF SEVERANCE AVENUE SOUTH OF 40TH STREET (12) In a memorandum dated June 6, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that a request was received from Lockwood Engineering, on behalf of R. L. Construction, requesting a waiver of the requirement to connect to the City's sewer system. This request is for two single family houses to be constructed on two adjacent existing lots located on the east side of Severance Avenue south of 40th Street. The nearest sewer main is located on 40th Street at Severance Avenue, but is not available due to adverse grades and a conflicting water main. 7 6/17/91 Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously carried, that Sewer Waiver Request No. 91-01, for construction of two single family houses on existing lots of record located on the east side of Severance Avenue, south of 40th Street (APN 271-052-8 & 9) requesting a waiver of requirement to connect to the sewer system, be approved. CLAIMS AND PAYROLL ( 13 ) Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously carried, that the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated June 11, 1991, from the Director of Finance" be approved. PERSONNEL ACTIONS (14) Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated June 5, 1991, in accordance with all administrative regulations of the City of San Bernardino, be approved. JOINT POWERS FINANCING AUTHORITY - REGULAR MEETING (15) Council Member Hernandez, made a motion, seconded by Council Member Maudsley, and unanimously carried, that the Regular Meeting of the Joint Powers Financing Authority be adjourned to July 15, 1991. RES. 91-223 - RESOLUTION OF THE CITY OF SAN BERNARDINO PROVIDING NOTICE OF THE TIMES, DATES AND PLACES OF REGULAR MEETINGS OF THE VARIOUS BOARDS, COMMISSIONS AND COMMITTEES OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 82-323 AND ALL AMENDMENTS THERETO. (17) RES. 91-224 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE DISPOSAL OF ANIMAL CARCASSES FROM STATE HIGHWAYS IN THE SAN BERNARDINO AREA. (18) RES. 91-225 - 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 "ACTION" IN THE AMOUNT OF $ 3 8, 106 FOR THE RETIRED SENIOR VOLUNTEER PROGRAM FOR THE PERIOD OCTOBER 1, 1991 THROUGH SEPTEMBER 30, 1992. (21) 8 6/17/91 RES. 91-226 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES AND SCHEDULE B SNACKS TO CITY'S DELMANN HEIGHTS HEAD START CENTER. (22) RES. 91-227 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND THE 15 POINT AMENDMENT TO FOOD SERVICE AGREEMENT SUMMER FOOD SERVICE PROGRAM, ATTACHED AS ATTACHMENT 2 OF THE AGREEMENT, WITH THE SAN BERNARDINO UNIFIED SCHOOL DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES TO CITY'S SUMMER LUNCH SITES. (23) RES. 91-228 - RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THE AMOUNT OF PROPERTY TAX REVENUES TO BE EXCHANGED BETWEEN AND AMONG THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO, RESULTING FROM THE JURISDICTIONAL CHANGE DESCRIBED BY LAFCO 2672, FOR THE AREA GENERALLY LOCATED EAST OF WATERMAN AVENUE, BETWEEN 9TH STREET AND 6TH STREET. (Annexation No. 352) (24) RES. 91-229 - RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THE AMOUNT OF PROPERTY TAX REVENUES TO BE EXCHANGED BETWEEN AND AMONG THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO, RESULTING FROM THE JURISDICTIONAL CHANGE DESCRIBED BY LAFCO 2671, FOR THE AREA GENERALLY LOCATED EAST OF WATERMAN AVENUE, SOUTH OF 6TH STREET. (Annexation No. 350) (25) RES. 91-230 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO GOLDEN STATE FENCE COMPANY FOR INSTALLATION OF PERIMETER FENCING AT DELMANN HEIGHTS COMMUNITY CENTER. (26) RES. 91-231 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 8234 ENTITLED, IN PART, "A RESOLUTION . . . ESTABLISHING PARKING TIME LIMITATIONS UPON CERTAIN DES IGNATED STREETS, ALLEYS, OR PORTIONS THEREOF, AND OTHER CITY PROPERTY . " ; AND AUTHORIZING THE IMPLEMENTATION OF A TWO-HOUR PARKING LIMITATION ON THE ENTIRE OFF-STREET PARKING LOT LOCATED ON THE SOUTHEAST CORNER OF COURT STREET AND "E" STREET. (27) RES. 91-232 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1991-92 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 953, LANDSCAPING MAINTENANCE, SIXTEENTH STREET BETWEEN MEDICAL CENTER DRIVE (MUSCOTT STREET) AND CALIFORNIA STREET. (28) Council Member Hernandez made a motion, seconded by Council Member Maudsley, that said resolutions be adopted. 9 6/17/91 Resolution Nos. 91-223, 91-224, 91-225, 91-226, 91-227, 91- 228, 91-229, 91-230, 91-231 and 91-232 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Miller. Nays: None. Absent: Council Member Pope-Ludlam. RES. 91-233 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1991-92 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 959, LANDSCAPING MAINTENANCE, PORTIONS OF KENDALL DRIVE, SHAND IN HILLS DRIVE, "F" STREET, AND LITTLE MOUNTAIN DRIVE (SHANDIN HILLS AREA). (30) RES. 91-234 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1991-92 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 968, LANDSCAPING MAINTENANCE, AIRPORT DRIVE BETWEEN COMMERCENTER EAST AND COMMERCENTER WEST. (31) RES. 91-235 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1991-92 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 974, LANDSCAPING MAINTENANCE, RIALTO AND EUCALYPTUS AVENUE AREA. (32) RES. 91-236 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1991-92 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 981, LANDSCAPING MAINTENANCE, MERIDIAN AND RANDALL AVENUE AREA. (34) RES. 91-237 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO J AND R LANDSCAPE DBA EXCEL LANDSCAPE FOR MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT NO. 993, GENERALLY LOCATED SOUTHWEST OF CAJON BOULEVARD AT JUNE STREET. (37) RES. 91-238 A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING ASSESSMENT ROLL NO. 1002 FOR THE MAINTENANCE OF LANDSCAPING IN PORTIONS OF "H" STREET NORTH OF 53RD STREET AND IN THE SOUTH BANK OF THE SAN BERNARDINO COUNTY FLOOD DISTRICT'S DIKE WHICH ADJOINS TRACT NO. 13554 ON THE NORTH IN THE CITY OF SAN BERNARDINO, AND APPROVING ASSESSMENT DIAGRAM MAP NO. 1002. (38) RES. 91-239 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO EXCELL LANDSCAPE FOR THE FURNISHING AND DELIVERY OF MAINTENANCE OF LANDSCAPE AND IRRIGATION SYSTEMS FOR SECCOMBE LAKE, TO BE UTILIZED BY THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-92-06. (42) Council Member Hernandez made a motion, seconded by Council Member Maudsley, that said resolutions be adopted. 10 6/17/91 Resolution Nos. 91-233, 91-234, 91-235, 91-236, 91-237, 91- 238 and 91-239 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Miller. Nays: None. Absent: Council Member Pope-Ludlam. ORD. MC-792 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 5.04.495 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. (Final) (44) ORD. MC-793 AN ORDINANCE OF THE CITY OF BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL SECTION 3.44.030 RELATING TO TELEPHONE USERS (Final) SAN CODE TAX. (45) ORD. MC-794 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 15.04.020 (9) OF THE SAN BERNARDINO MUNICIPAL CODE TO ADOPT THE NATIONAL ELECTRIC CODE 1990 EDITION. (Final) (46) Council Member Hernandez made a motion, seconded by Council Member Maudsley, that said ordinances be adopted. Ordinance Nos. MC-792, MC-793 and MC-794 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Miller. Nays: None. Absent: Council Member Pope-Ludlam. ESTABLISH NON-PROFIT FOUNDATION IN SUPPORT OF PARKS, OPEN SPACE, RECREATION AND COMMUNITY SERVICES - AUTHORIZE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT (6) In a memorandum dated May 30, 1991, Annie F. Ramos, Director of Parks, Recreation and Community Services, reported that the Parks and Recreation Commission have recommended approval to establish a non-profit foundation for aiding, sponsoring, promoting, advancing, and assisting in the provision of public parks, open spaces, recreation and community services for the City. It is also proposed that this non-profit foundation receive, invest and utilize funds acquired through dues, donations, grants, gifts, bequests and solicitation for the purposes for which the corporation is formed. The question was raised regarding the cost to establish the non-profit foundation. It was the consensus of the Council to continue this matter to the afternoon so that City Administrator Edwins could obtain the cost figures for establishing a non-profit corporation. (See page 36) 11 6/17/91 POLICE DEPARTMENT - OUT OF STATE TRAVEL - LIEUTENANT WES FARMER - ATTENDANCE AT FBI ACADEMY - QUANTICO, VA - JUNE 30, 1991 THROUGH SEPTEMBER 13, 1991 (7) In a memorandum dated May 31, 1991, Police Chief Dan Robbins requested approval to send Lieutenant Wes Farmer to the FBI National Academy in Quantico, VA. The academy is designed to train outstanding law enforcement officers as instructors and administrators. The National Academy would provide Lieutenant Farmer with additional knowledge, skills and abilities to assist him as an instructor and administrator. The cost to the City would be $1,000 for uniforms, athletic equipment, school supplies and other related costs associated with attendance. The fund to Academy. Council discussed using monies from the asset forfeiture compensate the expenses for attendance at the FBI Council Member Estrada made a motion, seconded by Council Member Miller, and unanimously carried, that out of state travel for Lieutenant Wes Farmer to attend the FBI Academy in Quantico, VA June 30, 1991 through September 13, 1991, be approved, provided the monies come from asset forfeiture funds. STREET IMPROVEMENTS VERDEMONT AREA APPROVAL OF PLANS & AUTHORIZATION TO ADVERTISE FOR BIDS (10) In a memorandum dated May 28, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, reported that the plans for installation of street improvements have been prepared and the project is ready to be advertised for bids. The project consists of installing sewer mains, paving, curbs and gutters, sidewalk and street lights on Irvington Street (south side) Pine Avenue to 600' west; Irvington Avenue to Olive Avenue to Palm Avenue; Irvington Avenue to Palm Avenue to Magnolia; and Magnolia Avenue to Belmont Avenue to Meyers Road. The total estimated project cost is $470,000. Council Member Estrada made a motion, seconded by Council Member Minor, and unanimously carried, that the plans for installation of street improvements on sections of Irvington Avenue and Magnolia Avenue be continued to July 15, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND METRO DISPLAY ADVERTISING, INC., DOING BUSINESS AS BUS TOP SHELTERS OF CALIFORNIA, INC. (16) Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, to refer the agreement with Metro Display Advertising, Inc. for bustop shelters to the Legislative Review Committee. 12 6/17/91 COUNCIL MEMBER POPE-LUDLAM RETURNED At 10: 10 a. m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. RES. 91-240 - 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. (19) City Administrator Edwins answered questions regarding the costs to operate the vehicle abatement program. Council Member Hernandez made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 91-240 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 91-241 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING AN INTERIM BUDGET OF SAID CITY FOR THE FISCAL YEAR 1991/92 PENDING ADOPTION OF THE 1991/92 FINAL BUDGET. (20) Shauna Edwins, City Administrator, answered questions regarding the adoption of an interim budget, and whether it would have an detrimental effect on the 1991/92 budget. Council Member Estrada made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 91-241 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. CITY ATTORNEY PENMAN EXCUSED City Attorney Penman was excused from the Council meeting and was replaced by Senior Assistant City Attorney Barlow. RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1991-92 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 956, LANDSCAPING MAINTENANCE, CARNEGIE DRIVE AREA. (29) A discussion ensued regarding obtaining the property addresses on the assessment roll list. Roger Hardgrave, Director of answered questions regarding the assessment roll must be approved. Public Works/City Engineer, time frame in which the 13 6/17/91 Council Member Estrada made a motion, seconded by Council Member Hernandez, and unanimously carried, that said resolution for Assessment District No. 956 be continued to July 1, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 91-242 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1991-92 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 975, LANDSCAPING MAINTENANCE, PEPPER AND MILL AREA. (33) Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding whether the school property is being assessed as part of Assessment District No. 975. He stated that State law requires that school districts not be assessed. Council Member Hernandez made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 91-242 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1991-92 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 990, HIGHLAND AND ARDEN SECURITY AND MAINTENANCE DISTRICT. (35) RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO SKYLINE AERO SECURITY FOR PROVIDING SECURITY SERVICES IN ASSESSMENT DISTRICT NO. 990, GENERALLY LOCATED AT HIGHLAND AVENUE AND ARDEN AVENUE. (36) Roger Hardgrave, Director of Public Works/City Engineer, explained that the residents of the Arden and Guthrie area would be paying an additional tax for the security district. A discussion ensued regarding the residents being required to pay for the security district, and the costs involved to each resident for the assessment district. Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that said resolutions establishing a security maintenance district and awarding a contract to Skyline Aero Security for the Arden and Guthrie area be referred to the Ways and Means Committee. 14 6/17/91 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO MENTONE TURF SUPPLY FOR THE FURNISHING AND DELIVERY OF LANDSCAPE MAINTENANCE FOR SIXTEEN LOCATIONS, TO BE UTILIZED BY THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-92-05. (39) It was the consensus of the Council to continue the resolution awarding a purchase order to Mentone Turf Supply to 2:00 p.m., to allow the City Administrator time to contact the Director of Parks, Recreation and Community Services regarding the previous purchase order. (See page 36) RES. 91-243 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO ANGELICA UNIFORM WESTERN RENTAL GROUP FOR THE FURNISHING AND DELIVERY OF A THREE YEAR CONTRACT FOR UNIFORM RENTAL SERVICE, TO BE UTILIZED CITY WIDE IN ACCORDANCE WITH BID SPECIFICATION F-92-04. (40) RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO PRUDENTIAL OVERALL SUPPLY FOR THE FURNISHING AND DELIVERY OF A THREE YEAR CONTRACT FOR UNIFORM RENTAL SERVICE, TO BE UTILIZED CITY WIDE IN ACCORDANCE WITH BID SPECIFICATION F-92-04. (41) Dean Meech, Purchasing Agent, stated that the MOU requires the City to provide each employee five uniforms, and that the City must pay the cleaning costs for the uniforms. The Council discussed purchase order to Angelica Prudential Overall Supply and recommended for adoption. the two resolutions awarding Uniform Western Rental Group questioned which purchase order a or is Dean Meech, Purchasing Agent, explained that if the City changed to the lower vendor, prudential Overall Supply, the City would pay the same cost between the two vendors. The reason is that the down time in changing to a new vendor and the damage cost the City would pay to terminate the current contract would amount to the same cost as the lower bid and perhaps even more. Council Member Miller made a motion, seconded by Council Member Minbr, that said resolution awarding a purchase order to Angelica Uniform Western Rental Group be adopted. The resolution awarding a purchase order to Prudential Overall Supply was deleted. Resolution Ayes: Council Ludlam, Miller. No. 91-243 was adopted by the following Members Estrada, Reilly, Maudsley, Minor, Nays: Council Member Hernandez. Absent: vote: Pope- None. 15 6/17/91 RES. 91-244 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO TRI-COUNTY OFFICIALS INC. FOR A THREE ( 3) YEAR PERIOD FOR THE FURNISHING AND DELIVERY OF UMPIRING SERVICES, TO BE UTILIZED BY THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-92-08. (43) Shauna Edwins, City Administrator, explained that the cost for funding umpire services would be derived from registration fees. Council Member Hernandez made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 91-244 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, pope-Ludlam, Miller. Nays: None. Absent: None. CHANGE ORDER NO. TWO EXTENSION OF CONTRACT- MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT 982- MACKENZIE LANDSCAPING CONTINUED FROM JUNE 3, 1991 (47) This is the time and place continued to for approval of Change Order No. Two to the contract with MacKenzie Landscaping for maintenance of landscaping in Assessment District No. 982. The change order would extend the contract for one year and expand the scope of work to include Tract No. 13470 in portions of Piedmont Drive and Citrus Street. In a memorandum dated June 5, 1991, Roger Hardgrave, Director of Public Works/City Engineer, reported that this was continued from June 3, 1991 due to concern over the amount of incidental costs for providing landscape maintenance services. The various items included inspection, water and electricity bills, general administrative costs and a proportionate share of the administrative fee. The estimated incidental costs amount to $1,555. Council Member Reilly made a motion, seconded by Council Member Miller, and unanimously carried, that contract Change Order No. Two to the contract with MacKenzie Landscape, for maintenance of landscaping in Assessment District 982, in accordance with Plan No. 7384, be approved; to extend the contract for a period of one year, from July 1, 1991 to June 30, 1992, and expand the scope of work to include landscaping within Tract No. 13470; and increase the annual contract price by $1,800, from $4,800 to $6,600. 16 6/17/91 CHANGE ORDER NO. ONE - MENTONE TURF SUPPLY -MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT NO. 959- CONTRACT EXTENSION FOR ONE YEAR - CONTINUED FROM JUNE 3, 1991 (48) This is the time and place continued to for approval of Change Order No. One to the contract with Mentone Turf Supply for maintenance of landscaping in Assessment District No. 959. This change order would extend the contract for one year, from July 1, 1991 to June 30, 1992. In a memorandum dated June 5, 1991, Roger Hardgrave, Director of Public Works/City Engineer, stated that this item was continued from June 3, 1991, due to concerns regarding the amount of incidental costs. The incidental costs include inspection, water and electricity bills, general administrative cost and proportionate share of the administrative fee. The total estimated incidental costs is $8,453. Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that Change Order No. One to the contract with Mentone Turf Supply, for maintenance of landscaping in Assessment District No. 959, in accordance with plan No. 6360, 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 $12,705.00. CHANGE ORDER NO. FIVE MENTONE TURF SUPPLY- MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT NO 956 AND 968 CONTRACT EXTENSION FOR ONE YEAR- CONTINUED FROM JUNE 3, 1991 (49) This is the time and place continued to for approval of Change Order No. Five to the contract with Mentone Turf Supply for maintenance of landscaping in Assessment District Nos. 956 and 968. This change order would extend the contract for one year, from July 1, 1991 to June 30, 1992. There is no change in the contract unit price for Assessment District No. 968; however, a portion of Assessment District No. 956, west of Gage Canal, would be deleted. In a memorandum dated June 5, 1991, Roger Hardgrave, Director of Public Works/City Engineer, stated that this item was continued from June 3, 1991, due to concern over the amount of incidental costs. The incidental costs include inspection, water and electricity bills, general administrative costs and proportionate share of the administrative fee. The total amount of estimated incidental costs is $15,104. Council Member Miller made a motion, seconded by Council Member Reilly, and unanimously carried, that Change Order No. Five to the contract with Mentone Turf Supply, for maintenance of landscaping in Assessment District Nos. 956 and 968, in 17 6/17/91 accordance with plan Nos. 6l92-A and 6056-A, be approved; to extend the contract for a period of one year, from July 1, 1.991 to June 30, 1992, for no change in the contract unit prices for Assessment District No. 968, and delete the portion of Assessment District No. 956, west of the Gage Canal, and reduce the annual basic contract price by $41,091.45, from $67,779.45 to $26,688.00. CHANGE ORDER NO. ONE MENTONE TURF SUPPLY- MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT NO. 991 - INCREASE IN AREA TO BE MAINTAINED - CONTINUED FROM JUNE 3, 1991 (50) This is the time and place continued to for approval of Change Order No. One to the contract with Mentone Turf Supply for maintenance of landscaping in Assessment District No. 991. This change order increased the area to be maintained from 11,520 square feet to 43,196 square feet and extends the contract for one year, from July 1, 1991 to June 30, 1992. In a memorandum dated June 5, 1991, Roger Hardgrave, Director of Public Works/City Engineer, stated that Change Order No. One was continued from June 3, 1991, due to concerns over the incidental costs. The incidental costs include inspection, water and electricity bills, general administrative costs and a proportionate share of the administrative fee. The total estimated incidental cost is $9,000. Council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that Change Order No. One to the contract with Mentone Turf Supply, for the maintenance of landscaping in Assessment District No. 991, in accordance with Plan No. 7782, be approved; to extend the contract for a period of one year, from July 1, 1991 to June 30, 1992. The area to be maintained is increased from 11,520 S.F. to 43,196 S.F. and the basic contract price adjusted by $9,877.00, from $4,200.00 to $14,077.00. SELECTION OF COUNCIL COMMITTEE ASSIGNMENTS - CONTINUED FROM JUNE 3, 1991 (51) This is the time and place continued to for discussion relative to the method for selecting Council committee assignments. The committee assigned to establish a method for selecting council committee assignments requested a continuance to July 1, 1991. A discussion was held regarding the lack of representation from the Third Ward on any Council committees. It was pointed out that there is no Black representation on any of the major council committees. 18 6/17/91 The Council discussed when the council committee plan would be ready for consideration. Council Member Estrada made a motion, seconded by Council Member Reilly, that the proposed method of plan for selecting Council committee assignments be continued to July 1, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, pope-Ludlam, Miller. Nays: Council Member Maudsley. Absent: None. RES. 91-245 - 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. (Continued from May 20, 1991) (52) Council Member Hernandez made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 91-245 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, 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. (Continued from June 3, 1991) (First) (53) Council Member Reilly made a motion, seconded by Council Member Minor, and unanimously carried, that said ordinance be laid over for final adoption. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.90.170 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO HARDSHIP MOBILE HOME RENT INCREASES. (Continued from June 3, 1991) (First) (54) The Council discussed possible adoption of legislation concerning mobile home rent increases. City Attorney Penman answered questions regarding the legalities involved if the ordinance is implemented. The Council discussed whether hardship cases would still be considered. 19 6/17/91 City Attorney Penman responded that hardship cases would be considered and must be presented to the Mobile Home Rent Board Committee. He stated that it would be up to the committee to grant the hardship. Mr. Penman stated that the proposed ordinance prevents a new mobile park owner from claiming that the adjustment of the property taxes are a hardship. Council Member Hernandez made a motion, seconded Member Miller, that said ordinance be laid over adoption. by Council for final The motion carried by the following vote: Ayes: Council Members Estrada, Hernandez, Maudsley, Pope-Ludlam, Miller. Nays: Council Members Reilly, Minor. Absent: None. RECESS MEETING At 10:55 a.m., Mayor Pro Tempore Minor declared a ten-minute recess. RECONVENE MEETING At 11:04 a.m., Mayor Pro regular meeting of the Mayor and San Bernardino. Tempore Minor reconvened the Common Council of the City of ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Pro Tempore Minor; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, pope-Ludlam, Miller; Ci ty Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Mayor Holcomb. COMMUNITY DEVELOPMENT COMMISSION/ECONOMIC AGENCY - REGULAR MEETING At 11:04 a.m., the regular Development Commission was called Chambers of City Hall, 300 North California. DEVELOPMENT meeting of to order 110" Street, the Community in the Council San Bernardino, RES. 91-246 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO BOYS AND GIRLS CLUB, INC. (Program Administration) (R-3) RES. 91-247 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BETHLEHEM HOUSE, INC. (Renovation) (R-4) 20 6/17/91 RES. 91-248 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ROLLING START, INC. (Helpline) (R-5) RES. 91-249 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BETHLEHEM HOUSE, INC. (Shelter and Support Services) (R-6) RES. 91-250 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND EASTER SEAL SOCIETY/INLAND AREA HEAD INJURY SUPPORT GROUP. (R-7) RES. 91-251 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HIGHLAND DISTRICT COUNCIL ON AGING, INC. (Senior Center) (R-8) Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolutions be adopted. Resolution Nos. 91-246, 91-247, 91-248, 91-249, 91-250 and 91-251 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. CITY ATTORNEY PENMAN EXCUSED At 11: 10 a.m., City Attorney Penman was excused from the Council meeting and was replaced by Senior Assistant City Attorney Barlow. RES. 91-252 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HIGHLAND DISTRICT COUNCIL ON AGING, INC. (Administration) (R-9) 21 6/17/91 RES. 91-253 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND EASTER SEAL SOCIETY, INC. (Renovation) (R-lO) RES. 91-254 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ROLLING START, INC. (Deaf Services) (R-ll) RES. 91-255 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KIDS AGAINST CRIME, INC. (R-12) RES. 91-256 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO COMMUNITY AGAINST DRUGS, INC. (R-13) RES. 91-257 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INLAND MEDIATION BOARD, INC. (R-14) RES. 91-258 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO BOYS AND GIRLS CLUB, INC. (Rehabilitation) (R-15) Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolutions be adopted. Resolution Nos. 91-252, 91-253, 91-254, 91-255, 91-256, 91- 257 and 91-258 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. 22 6/17/91 RES. 91-259 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO LEGAL AID SOCIETY. (R-16) RES. 91-260 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND FRAZEE COMMUNITY CENTER. (R-17) RES. 91-261 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NUMBER FIVE TO THE LOAN AGREEMENT RELATING TO CENTRAL CITY PROMENADE. (R-18A) RES. 91-262 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF SUPPLEMENT NUMBER FIVE TO THE INDENTURE RELATING TO CENTRAL CITY PROMENADE. (R-18B) Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolutions be adopted. Resolution Nos. 91-259, 91-260, 91-261 and 91-262 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, pope-Ludlam, Miller. Nays: None. Absent: None. PICO AVENUE SEWER PROJECT (R-20) In a staff report dated June 10, 1991, Kenneth J. Henderson, Executive Director, Development Department, stated that a request was received to install a sewer line along Pico Street, from King Street to the alley south of Second Street. This request was prompted due to septic tank failures of the existing dwelling in the area. The Water Department recommended relocation of the water facilities in the alley to King Street and Second Street prior to the installation of the sewer line to prevent disruptions of the water service to the area. Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that the Mayor and Common Council approve a supplemental appropriation of CDBG funds in the amount of $17,799 for the installation of a new six inch (6") water main to be installed along Second Street and retire the existing two inch (2") water main, maintaining the required horizontal separation between the sewer line and water main. 23 6/17/91 RES. 91-263 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AN APPLICATION FOR INDUSTRIAL DEVELOPMENT BOND FINANCING; DIRECTING THE PREPARATION OF CERTAIN DOCUMENTS; AND MAKING CERTAIN OTHER FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH (SISTERS OF CHARITY OF THE INCARNATE WORD, HOUSTON, TEXAS, SOLE CORPORATE MEMBER OF ST. BERNARDINE MEDICAL CENTER). (R-22A) RES. 91-264 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS INTENT TO ISSUE BONDS AND AUTHORIZING THE PUBLICATION OF A NOTICE OF PUBLIC HEARING REGARDING THE PROPOSED ISSUANCE OF ITS "CITY OF SAN BERNARDINO, CALIFORNIA, SCH HEALTH CARE SYSTEM REVENUE BONDS (SISTERS OF CHARITY OF THE INCARNATE WORD, HOUSTON, TEXAS), SERIES 1991A"; MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH (SISTERS OF CHARITY OF THE INCARNATE WORD, HOUSTON, TEXAS, SOLE CORPORATE MEMBER OF ST. BERNARDINE CENTER). (R-22B) Tim Sabo, Special Counsel, for the Economic Development Agency, explained that the application for financing assistance by St. Bernardine 's Medical Center is to complete the current construction at the Medical Center along with other improvements. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, that said resolutions be adopted. Resolution Nos. 91-263 following vote: Ayes: Hernandez, Maudsley, Minor, Absent: None. and 91-264 were adopted Council Members Estrada, pope-Ludlam, Miller. Nays: by the Reilly, None. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the Mayor and Common Council set a public hearing on July 10, 1991, at 9:00 a.m., in the Council Chambers for approval of bond financing assistance for Sisters of Charity of the Incarnate Word, Houston Texas, sole corporate member of St. Bernardine's Medical Center. AN ORDINANCE OF THE CITY OF SAN SECTION 19.06.030 OF THE CITY DEVELOPMENT CODE RELATING TO ADULT (First) BERNARDINO AMENDING OF SAN BERNARDINO BOOK STORES. (55) Council Member Miller made a motion, seconded by Council Member Minor, and unanimously carried, that said ordinance be laid over for final adoption. 24 6/17/91 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE SECTION 3.68.010C RELATING TO INTEREST ON CITY ABATEMENTS. (First) (56) CITY ATTORNEY PENMAN RETURNED City Attorney Penman returned to the Council meeting and replaced Senior Assistant City Attorney Barlow. A discussion was held regarding why the City charged interest for City abatements. Shauna Edwins, City Administrator, explained that it is the responsibility of the property owner to perform abatement of the property. If the property owner does not execute the abatement, the City performs the abatement and the owner is assessed the cost. If the owner still fails to pay for the abatement, a lien is placed on the property which includes an administrative fee, plus interest. A discussion ensued regarding whether the City is charging more interest than the current rate. City Administrator Edwins explained that if the City were lending the money, then the City would not be charging enough interest. City Attorney Penman explained that the City would prefer the property owner to perform the work, but if the property owner does not maintain the property to standards, then the City would have to perform the abatement. Council Member Miller Member Reilly, that said adoption. made a motion, ordinance be seconded by Council laid over for final The motion carried by the following vote: Ayes: Members Estrada, Reilly, Maudsley, Minor, pope-Ludlam, Nays: Council Member Hernandez. Absent: None. Council Miller. ORDER APPRAISAL AND TITLE REPORT 1.3+ ACRES AT NORTHWEST CORNER OF TIA JUANA AND 4TH STREETS- AUTHORIZATION TO PROCEED (S-I) In a memorandum dated June 13, 1991, Roger G. Hardgrave, Director of Public works/City Engineer, reported that a letter was received from the owner of the property offering to sell to the City the last remaining parcel to the west of Tia Juana adjacent to Nunez Park. The Director of Parks, Recreation and Community Services indicated that the purchase of the property would not only complete that block as a park, but would eliminate that corner as an eyesore. 25 6/17/91 The monies to purchase the property could be temporarily transferred from the funds set aside for the Patton Park Development. Said funds could then be replaced in the 1992 or 1993 budget. Council Member Estrada made a motion, seconded by Council Member Maudsley, and unanimously carried, that authorization to order an appraisal and preliminary title report for 1.3+ acres at the northwest corner of Tia Juana and 4th Streets, be tabled. RES. 91-265 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO CARNEY BROTHERS, INC. FOR INSTALLATION OF SANITARY SEWERS IN EASEMENTS BETWEEN "K" STREET AND "I" STREET; ALSO IN ROOSEVELT AND STATE STREETS. (S-3) Council Member pope-Ludlam made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 91-265 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, pope-Ludlam, Miller. Nays: None. Absent: None. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 9.70.020 AND ADDING SECTION 9.70.030 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE SEGREGATION OF CERTAIN MATERIAL FOR THE PROTECTION OF MINORS. (First) (5-4) Council Member Pope-Ludlam made a Council Member Reilly, and unanimously ordinance be laid over for final adoption. motion, seconded by carried, that said 4TH OF JULY COMMITTEE - FUNDING ASSISTANCE AND WAIVER OF FEES ASSOCIATED WITH 4TH OF JULY CELEBRATION- SECCOMBE LAKE PARK (5-5) In a memorandum dated March 28, 1991, Fred Wilson, Assistant City Administrator, stated that the City, in conjunction with the Inland Empire Symphony, is conducting the 1991 4th of July celebration at Seccombe Lake Park. Activities consist of group and family picnicking, old fashioned games, food and beverage booths, a pops concert by the San Bernardino Symphony and a fireworks show. The total cost of the event is $47,400 and $17,500 has been received in the form of donations from other funding sources. The Ways and Means Committee recommended approval of the waiver of fees and funding assistance along with use of City manpower, equipment and facilities in the amount of $21,900. 26 6/17/91 Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the request from the 4th of July Committee for funding assistance in the amount of $21,900 to offset costs connected with the 1991 4th of July Celebration at Seccombe Lake Park be approved; and further, that expenses incurred by the use of City forces, equipment, facilities and Police personnel, be waived. DELETION OF ITEM RELATIVE TO THE SALE OF ANIMALS FOR RESEARCH PURPOSES - COUNCIL AGENDA OF JUNE 19, 1991 (AS-I) In a memorandum dated June 14, 1991, Mayor Holcomb stated that after careful consideration, it would not be in the best interest of the citizens to change the current City policy on the sale of animals for research purposes. Mayor Holcomb submitted a press release indicating that the City does not support changing the current policy on the sale of animals for research. A discussion was held regarding whether the City should support the sale of animals for research. Council Member Miller made a motion, seconded by Council Member Maudsley, that the issue of changing the City's policy relative to the sale of animals for research purposes be deleted from the Council agenda for the meeting of June 19, 1991. The motion carried by the following vote: Members Estrada, Reilly, Hernandez, Maudsley, Nays: Council Member Pope-Ludlam. Absent: None. Ayes: Minor, Council Miller. RECESS MEETING At 11:23 a.m., Mayor Pro Tempore Minor recessed the regular meeting of the Mayor and Common Council until 2:00 p.m. RECONVENE MEETING At 2:02 p.m., Mayor Pro Tempore Minor 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 Pro Tempore Minor; Council Members Reilly, Hernandez, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Mayor Holcomb; Council Members Estrada and pope-Ludlam. ANNOUNCEMENT - CITY ADMINISTRATOR EDWINS - PARAMEDIC FEE PROGRAM City Administrator Edwins announced that the City mailed application forms to residents for participation in the paramedic emergency fee program. She stated that the deadline to subscribe is June 30, 1991. She stated that if a resident 27 6/17/91 decides not to subscribe to the program, there is a paramedic user fee of $100 for basic life support and $200 for advance life support which includes an escort to the hospital by the paramedics. City Administrator Edwins explained that the program allows residents to pay an annual fee of $24 a year and avoid paying the $100 or $200 paramedic fee. COUNCIL MEMBER At 2:04 p.m., Council meeting and POPE-LUDLAM RETURNED Council Member pope-Ludlam returned took her place at the council table. to the APPEAL OF REVOCATION OF CONDITIONAL DEVELOPMENT PERMIT NO. 198 - CIVIC CENTER MOTEL - CONTINUED FROM MAY 6, 1991 (57) This is the time and place continued to for consideration of an appeal of revocation of Conditional Development Permit No. 198 for the Civic Center Motel. In a memorandum dated June 12, 1991, Larry Reed, Assistant Director, Planning/Building Services, reported that on April 15, 1991, the Mayor and Council continued the appeal for Conditional Development Permit No. 198 for the Civic Center Motel. The appeal was referred to a hearing officer for an advisory opinion regarding the due process issues raised by the appellants. On June 11, 1991, a letter was received from the appellant's attorney requesting a continuance until July 15, 1991, in order to prepare issues for the hearing officer regarding the due process. Council Member pope-Ludlam made a motion, seconded by Council Member Hernandez, and unanimously carried, that the appeal of the revocation of Conditional Development Permit No. 198, at the request of the applicant's attorney, be continued to July 15, 1991, for further action on the appeal. APPEAL - PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT NO. 90-75 - ALLOW THE SALE OF HARD LIQUOR AND SINGLE CANS OF BEER - 2715 WEST FOOTHILL BOULEVARD CONTINUED FROM MAY 6, 1991 (58) This is the time and place continued to for an appeal of Planning Commission's denial of Conditional Use Permit No. 90-75, to allow the sale of hard liquor and single cans of beer at 2715 West Foothill Boulevard. In a memorandum dated March 26, 1991, Larry Reed, Assistant Director of Planning/Building Services, stated that the applicant, Jamal Rahman, is appealing Planning Commission's denial of Conditional Use Permit No. 90-75 to upgrade the existing beer and wine outlet at 2715 West Foothill Boulevard to allow the sale of hard liquor and single cans of beer. Mayor Pro Tempore Minor opened the hearing. 28 6/17/91 Larry Reed, Assistant Director Planning/Building Services, gave background information on the denial of Conditional Use Permit No. 90-75. He stated that previous Council action prohibi ted the sale of single can malt beverages. Mr. Reed stated that the Planning Commission denied the request based on the police investigation, which found that single cans of beer had been sold in violation of the previous conditions established by Council. Merle Sessions, Attorney at Law, 323 W. Court Street, San Bernardino, CA, spoke on behalf of the appellant. Mr. Sessions stated that a permit was given for the sale of beer and wine to a previous predecessor, but that business went bankrupt. He stated that the success of the present mini-market is marginal without the approval to sell single cans of beer and hard liquor. He stated that the City would benefit from the sales tax generated from the sale of liquor. Mr. Sessions presented a petition containing 400 signatures supporting the mini-market to sell beer, wine and liquor. Mr. Sessions presented a map displaying the liquor stores in the area and pointed out that none of the stores are restricted from selling single cans of beer or wine. COUNCIL MEMBER ESTRADA RETURNED At 2:14 p.m., Council Member Estrada returned to the Council meeting and took her place at the council table. The Council discussed allowing the sale of single cans of beer with a six month review period. Larry Reed recommended that Conditions A through E be added as conditions of approval. The Council discussed imposing the following conditions: A. Arcade game machines shall not be located on the premises; B. Outdoor telephones shall not be allowed; C. Signs saying "No loitering", "No littering" and "No public drinking" shall be posted in the front, rear or sides (as appropriate) of the establishments. Store employees shall be required to advise anyone loitering to leave; D. Alcohol beverages shall not be allowed to be consumed on the premises (inside or outside) of the project property under ownership of the licensee. 29 6/17/91 E. There shall be sufficient maintained exterior lighting to identify any person or their activities by the Police of any property under ownership of the licensee; F. Sales of single beer or wine cooler containers shall not be permitted. Beer must be sold only in six-packs and wine coolers in four-packs; G. Cups and corkscrews or individual servings of ices shall not be sold, except soft drink dispensers; J. Only one sign advertising "liquor" Neon beer or wine window signs outside shall not be permitted; shall be allowed. visible from the K. Refrigerated beer or wine shall not be sold; N. All alcohol sales shall be by clerks 21 years of age or older; O. Two documented alcoholic beverage control violations for sales to minors or to someone under the influence shall result in the immediate revocation of the store's conditional use permit; P. The outside area shall be kept clean by immediate trash pick-up and/or sweeping, all graffiti shall be removed within seven days of occurrence, and the landscaped areas shall be properly maintained; and T. The above conditional use permit conditions of approval shall be posted inside the store at a prominent public location. Merle Sessions stated that the appellant does not agree with Condition K, which does not allow the sale of refrigerated beer and wine. It was the consensus of the Council to delete Condition K from the list of proposed conditions. Henry Empeno, Deputy City Attorney, informed the Council that additional conditions can be imposed or deleted at the time of the six-month evaluation. Larry Reed answered questions regarding the amount of liquor shelf space allowed for a convenience store as opposed to a liquor store. He stated that when a store's liquor shelf space is more than 50 percent of the total market shelf space, it becomes a liquor store and not a convenience store. 30 6/17/91 Council Member Hernandez made a motion, seconded by Council Member pope-Ludlam, and unanimously carried, that the hearing be closed, that the appeal be upheld; and that Conditional Use Permit No. 90-75 be approved subject to the findings of fact contained in Exhibit "E" to include Conditions A, B, C, D, E, F, G, J, N, 0, P and T with a six month review period. DEVELOPMENT CODE SINGLE FACILITIES - CONTINUED FROM MAY This is the time and place amendments to the Development Code facilities. ROOM OCCUPANCY ( SRO) 20, 1991 (59) continued to for proposed for Single Room Occupancy 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 Miller, and unanimously carried, that proposed amendments to the Development Code for Single Room Occupancy facilities be continued to August 5, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. APPEAL - CONDITIONAL USE PERMIT NO. 91-09 - OFF-SITE CONSUMPTION OF ALCOHOL - 1620 W. BASELINE - JIMMY'S MARKET ' (60) In a memorandum dated May 16, 1991, Larry Reed, Assistant Director of Planning/Building Services, reported that the appellant, Basem Bashir, is appealing the denial of Conditional Use Permit No. 91-09 for off-site consumption of alcohol at Jimmy's Market located at 1620 West Baseline. Mayor Pro Tempore Minor opened the hearing. Larry Reed, Assistant Director of Planning/Building Services, gave the background of the report. He stated that the applicant, Basem Bashir, was displaced from 1598 West Baseline due to the Development Department's Wests ide Market project located at the northwest corner of Baseline Avenue and Medical Center Drive. Mr. Reed stated that Mr. Bashir entered into an agreement to purchase Jimmy's Market and transfer his Type, 21 (beer, wine and hard liquor) ABC license. Mr. Reed stated that the present owner of Jimmy's Market has agreed to surrender his Type 20 (beer and wine) ABC license upon the transfer. 31 6/17/91 John Lightburn, Post Office Box 1622, San Bernardino, CA 92402, representing the appellant, requested that Ken Henderson, Executive Director, Economic Development Agency/Development Department, present his comments on the project and that he would respond after the presentation. Ken Henderson, Executive Director, Development. Department/EDA, stated the Commission entered into an agreement with New Frontier Commercial Properties for development of the Westside Plaza. The Agency condemned the property at 1598 West Baseline owned by Willie Clark. The liquor store was one of Mr. Clark's tenants. He stated that eminent domain proceedings with Mr. Clark precipitated the request for transfer of the liquor license. As part of the process, the Agency obtained a court order which required Mr. Bashir to vacate the property. Mr. Henderson stated that it is difficult to determine or ascertain the success of the particular project without the eminent domain proceedings taken by the Agency. He stated that several meetings have been held with the Agency's special counsel and Mr. Bashir to attain a settlement plan. A settlement plan has been reached, which would require the Agency to assist both the property owner and Mr. Bashir in the relocation. Mr. Henderson stated that it is the Department's position, based upon the historical information presented, that the appeal be upheld. Mr. Henderson answered questions regarding whether the Agency is required to assist in the relocation, stating that under California Redevelopment Law, the Agency is required to assist in the relocation. A discussion was held on the different findings of facts presented by the Planning Commission and Planning staff. John Lightburn narrated the background of the Conditional Use Permit No. 91-09. He pointed out that there would be a net reduction of one alcohol outlet in the area, and that the hours of operation for the new store would be reduced. Mr. Lightburn stated that approval of this request would be a tremendous benefit to the area. Mr. Lightburn expressed his belief that under the circumstances, it would not be fair to Mr. Bashir to deny the application for the sale of alcohol. He recommended that the findings of fact and the conditions, with the exception of Condition No. 12, be approved. Henry Empeno, Deputy City Attorney, answered questions regarding the Development Code restrictions on the sale of alcohol adjacent to a school. He stated that the Development Code contains a provision which exempts applications that have been deemed complete prior to the effective date of the Development Code. 32 6/17/91 A discussion ensued regarding the testimony presented by Ken Henderson and whether it was presented to the Planning Commission for consideration. Carl Clemons, 1940 W. Base Line Street, San Bernardino, CA, spoke in opposition to sale of alcohol for off-site consumption at this location, because of the close proximity to Martin Luther King Elementary School. He stated that the Board of Education submitted a letter protesting the sale of alcohol at this particular location. willie Clark, 2037 St. Elmo Drive, Rialto, CA, voiced concern regarding the crime occurring where the proposed store is to be located and the safety of the children attending the school. Harry Jacks, Chairman of the Northwest Project Area Committee (NWPAC), spoke in opposition to the relocation of the convenience store because it is adjacent to Martin Luther King Elementary School. He spoke regarding the crime rate for the area, and stated that the sale of liquor, beer and wine would add to the crimes committed in the area. Mohammed Cooper, 1584 Hancock, San Bernardino, CA, a drug counselor, protested the sale of alcohol at 1620 W. Base Line Street. Richard Cole, 1648 W. Virginia, San Bernardino, CA, spoke in support of the relocation of the store. Brian Townsend, Precinct Reporter, 1677 W. Base Line Street, San Bernardino, spoke in support of the liquor store. Ken Henderson, Executive Director, Development Department, answered questions regarding the Agency being able to obtain the UDAG grant funds to assist in the construction of the Westside shopping center, if the liquor store owner had not been willing to relocate. He also answered questions regarding costs for relocating the store on the southeast or southwest corner, and stated that relocation across the street from the vacated site is more economical. The Council discussed imposing the condition that arcade games machines not be allowed on the premises. A discussion was held regarding constructing a masonry wall or some type of screening surrounding both sides of the liquor store. Discussion also took place regarding the condition of a twelve month review period. However, it was determined to change the review period from twelve months to six months. 33 6/17/91 Harry Jacks, Chairman of the NWPAC, requested that the committee be included in the final negotiations with Mr. Bashir, including the litigation process. Ken Henderson, Executive Director, Development Department, explained why the NWPAC could not be involved in the litigation deliberations. Larry Reed, Assistant Director Planning/Building Servi'ces narrated his interpretation of the conditions to be imposed to Conditional Use Permit No. 91-09 as follows: "That the 12-month review period be changed to a six-month review period; add Condition No. 13, which requires a six foot high masonry wall constructed 330 feet along the north property line; and Condition No. 14, which prohibits arcade game machines on the premises." The Council discussed imposing these restrictions to the liquor store owner and the costs involved for constructing the block wall. It was pointed out that the block walls would be vulnerable to graffiti. A discussion was held to have the block wall screened with plants to obstruct the wall from any graffiti. Ken Henderson stated that the negotiations are still under review and that the costs for construction of the block wall would probably be considered in the negotiations. Council Member pope-Ludlam made a motion, seconded by Council Member Hernandez, that the hearing be closed; that the appeal be upheld; and that Conditional Use Permit No. 91-09 be approved based on the findings of fact and subject to conditions of approval contained in Exhibit "D", provided that Condition #12 be changed to read "After six months of operation of the business. . ." rather than "After 12 months"; and that Conditions 13 and 14 be added as follows: 13. That 334 feet of screening be installed on the north side of the building; 14. Arcade game machines shall not be permitted on the premises. The Members Miller. motion carried by the following vote: Ayes: Council Estrada, Reilly, Hernandez, Maudsley, pope-Ludlam, Nays: Council Member Minor. Absent: None. 34 6/17/91 RECESS MEETING - CLOSED SESSION At 4:14 p.m., the Mayor and Common CouJlcil and Development Commission recessed to closed session following: Community for the 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. CLOSED SESSION At 4: 14 p.m., Mayor Pro Tempore Minor called the closed session to order in the conference room of the Council Chambers, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Pro Tempore Minor; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, City Clerk Krasney, City Administrator Edwins. Absent: Mayor Holcomb. ' Also present: Breiten. Dan Robbins, Police Chief; Detective Jeff ADJOURN CLOSED SESSION At 4:36 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 4:37 p.m., Mayor Pro Tempore Minor reconvened the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Pro Tempore Minor; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, pope-Ludlam, Miller; Deputy City Attorney Empeno, City Clerk Krasney, City Administrator Edwins. Absent: Mayor Holcomb. DEVELOPMENT CODE - AUTHORIZE SUCCESSIVE GENERAL PLAN AMENDMENTS FOR SENIOR HOUSING STUDY EXEMPTION - NON- CONFORMING BUILDING & BILLBOARDS (61) In a memorandum dated June 6, 1991, Larry Reed, Assistant Director of Planning/Building Services, reported that during Development Code hearings, issues concerning the senior housing study exemption, non-conforming buildings and billboards were discussed. Staff was directed to review these issues and come back with some recommendations. 35 6/17/91 Larry Reed gave the background of the during the Development Code hearings and recommendations presented by staff. issues that arose elaborated on the COUNCIL MEMBER At 4:41 p.m., meeting. HERNANDEZ EXCUSED Council Member Hernandez left the Council Council Member Reilly made a motion, seconded by Council Member Estrada, and unanimously carried, that the Mayor and Common Council direct Planning staff to initiate successive General Plan amendments for senior housing study exemption, non- conforming buildings and billboards. ESTABLISH A NON-PROFIT FOUNDATION IN SUPPORT OF PARKS, OPEN SPACE, RECREATION AND COMMUNITY SERVICES - PARK, RECREATION AND COMMUNITY SERVICES CONTINUED FROM EARLIER IN THE MEETING - SEE PAGE 11 (6) This is the time and place continued to from earlier in the meeting for consideration of establishing a non-profit foundation in support of parks, open space, recreation and community services. City Administrator Edwins stated that there is a $35.00 filing fee to establish a non-profit foundation, and stated that the organization funds received would be handled through a trust fund. Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried that the Parks, Recreation and Community Services Department be authorized and directed to establish a non-profit foundation for the speci.fic purpose of: 1. Aiding, sponsoring, promoting, advancing and assisting in the prov~s~on of public parks, open spaces, recreation and community services in the City of San Bernardino. 2. Receiving, investing and utilizing funds acquired through dues, donations, grants, gifts, bequests and solicitation for the purposes for which the corporation is formed. RES. 91-266 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO MENTONE TURF SUPPLY FOR THE FURNISHING AND DELIVERY OF LANDSCAPE MAINTENANCE FOR SIXTEEN LOCATIONS, TO BE UTILIZED BY THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-92-05. (39) (Continued from earlier in the meeting, see page 15) 36 6/17/91 City Administrator Edwins stated that Mentone Turf Supply has had the contract for the last two years. Council Member Estrada made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 91-266 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Hernandez. URGENCY ITEM - ORDINANCE PROHIBITING ANIMALS IN CITY BUILDINGS Council Member pope-Ludlam made a motion, seconded by Council Member Minor, and unanimously carried, that action be taken on the urgency ordinance that arose after the posting of the agenda. ORD. MC-795 - URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 8.95 TO THE SAN BERNARDINO MUNICIPAL CODE PROHIBITING ANIMALS IN CITY BUILDINGS AND DECLARING THE URGENCY THEREOF. (Urgency) (NB) City Clerk Krasney read the title of the ordinance. Council Member Estrada made a motion, seconded by Council Member Minor, and unanimously carried, that further reading of the ordinance be waived and said urgency ordinance be adopted. Ordinance MC-795 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Hernandez. ADJOURNMENT At 4:46 p.m., Mayor Pro Tempore Minor adjourned the regular meeting to Wednesday, June 19, 1991 at 7:00 p.m. in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL KRASNEY City Clerk By: vfin clJ,oJ "JruciLn Of..) Sandra Medina, Deputy City Clerk No. of Items: 94 No. of Hours: 5.5 37 6/17/91