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HomeMy WebLinkAbout08-05-1991 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING AUGUST 5, 1991 COUNCIL CHAMBERS The regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order at 8:30 a.m., Monday, August 5, 1991, in the Council Chambers of City Hall, 300 North "0" 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, Hernandez, Maudsley, Minor, Pope-Ludlam; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: Council Member Miller. RECESS MEETING At 8:30 a.m., the Mayor and Development Commission recessed following: (1) & (5-27) Common Council and Community to closed session for the a. to give instruction to the City' s/Commission' 5 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 litigation pursuant to 54956.9(b)(1), as there litigation; attorney regarding pending Government Code Section is significant exposure to 1 8/5/91 f. to confer with the attorney regarding litigation pursuant to Government Code 54956.9(c), 50 that Council/Commission may whether to initiate litigation; pending Section decide g. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section 54956.9(a) as follows: City of San Bernardino vs. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239193; Stubblefield Construction Companv. 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 tv of San Bernardino. et al- United States District Court Case No. SA 88-461 AHS (RWRx); Citv of Redlands vs. Inland Valley Development Agency. et. al - San Bernardino Superior Court Case No. 255222; Countv vs. City of San Bernardino (RDA) - San Bernardino Superior Court Case No. 258241; City of Indians. 6899 WJR San Bernardino vs. San Manuel Band of et al - United States District Court - Case (Bx); Mission No. 85- Citv of San Bernardino vs. Dykes - San Bernardino Superior Court Case No. 254883; Saab vs. Citv 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; Thompson. Keith vs. City of San Bernardino Court of Appeal, Fourth Appellate District - Case No. E007275; Randall vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 250472; Tammv Murphy vs. Citv of San Bernardino. et al San Bernardino Superior Court Case No. 254764; 2 8/5/91 City of San Bernardino vs. San Bernardino Steel San Bernardino Superior Court Case No. 261904; City of San Bernardino vs. Dvkes/Rampello - San Bernardino Superior Court Case No. 254883. Crain vs. City of San Bernardino - San Bernardino Superior Court Case No, 229990. CLOSED SESSION At 8:30 a.m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following Holcomb; Council Members Estrada, Reilly, Minor, pope-Ludlam; City Attorney Penman, City Administrator Clark. Absent: Council being present: Mayor Hernandez, Maudsley, City Clerk Krasney, Member Miller. Also present: Barbara Skropos, Deputy City Attorney; Margaret Scroggin, Administrative Operations Supervisor; J. Lorraine Velarde, Executive Assistant to the Mayor. READING OF RESOLUTIONS AND ORDINANCES Deputy City Clerk Jones read the titles of all the resolutions and ordinances on the regular, supplemental and Community Development Commission agendas while the Council was in closed session. BARBARA Barbara session. SKROPOS EXCUSED Skropos, Deputy City Attorney, left the closed MARGARET SCROGGIN EXCUSED Margaret Scroggin, Administrative Operations Supervisor, left the closed session. ADJOURN CLOSED SESSION At 9:24 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 in the Council Chambers of City Hall, 300 North Bernardino, California. regular meeting "0" Street, San 3 8/5/91 ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Maudsley, Minor; City Clerk Krasney. Absent: Council Members Hernandez, Pope-Ludlam, Miller; City Attorney Penman, City Administrator Clark. INVOCATION Invocation was given by Dr. Tom Harvick, Central Christian Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Minor. CITY ADMINISTRATOR CLARK RETURNED City Administrator Clark returned to the Council meeting. CITY ATTORNEY PENMAN RETURNED City Attorney Penman returned to the Council meeting. ANNOUNCEMENT BY MAYOR HOLCOMB - FIRST IN SEPTEMBER, 1991 COUNCIL MEETING (2) Mayor Holcomb announced that the Council has agreed to hold the first Council meeting in September on Wednesday, September 4, 1991, since Monday, September 2, 1991 is a legal holiday. COUNCIL MEMBER At 9:33 a.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the PUBLIC COMMENTS (3) There were no public comments during the public comments section of this meeting. A video of the City' 5 budget was presented. This video explained the financial condition of the City and how the City disburses its money. PROCLAMATION - EDUCATION THROUGH RECREATION WEEK (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring the week of August 5, 1991 through August 11, 1991, as Education Through Recreation Week. John Kramer, Superintendent of Recreation, and Audree Taylor, Senior Recreation Supervisor, accepted the proclamation. Ms. Taylor acknowledged Andy Brown, Manager, Delmann Heights Center; Manuel Harper, Manager, Mill Community Center; George Foster, Manager, Ruben C. Hernandez Community Center; and Ann Kassel, Manager, Nicholson Community Center. She stated that various activities are planned at these centers and invited all citizens to participate during Education Through Recreation Week. 4 8/5/91 COUNCIL MEMBER MILLER ARRIVED At 9:52 a.m., Council Member Miller arrived at the Council meeting and took her place at the council table. APPOINTMENTS - FINE ARTS COMMISSION - MIKE HOUGH (4) In a memorandum dated July 23, 1991, requested the appointment of Mike Hough, 1104 E. Bernardino, CA, to the Fine Arts Commission. Mayor Holcomb 41st Street, San Council Member pope-Ludlam made a Council Member Miller, and unanimously appointment of Mike Hough to the Fine requested by Mayor Holcomb, be approved. motion, seconded carried, that Arts Commission, by the as APPOINTMENT - FINE ARTS COMMISSION - PATRICIA LEATHERS (4) In a memorandum dated requested the appointment of Avenue, San Bernardino, CA, as Arts Commission. July 23, 1991, Mayor Holc~mb, patricia Leathers, 5570 Argyle an alternate member, to the Fine Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that the appointment of patricia Leathers, as an alternate member, to the Fine Arts Commission, as requested by Mayor Holcomb, be approved. APPOINTMENT - PLANNING COMMISSION - ARLENE J. DINGES (4) In a memorandum dated July 24, requested the appointment of Arlene J. Mayfield Court, San Bernardino, CA, as an the Planning Commission. 1991, Mayor Holcomb, Dinges, 5208 North al tern ate member, to Council Member pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that the appointment of Arlene J. Dinges, as an alternate member, to the Planning Commission, as requested by Mayor Holcomb, be approved. APPOINTMENT - FINE ARTS COMMISSION - RAY R. GONZALES (4) In a memorandum dated July 23, 1991, Mayor Holcomb requested the appointment of Ray R. Gonzales, 3153 Yuma Drive, Highland, CA, as an alternate member, to the Fine Arts Commission. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that the appointment of Ray R. Gonzales, as an alternate member, to the Fine Arts Commission, as requested by Mayor Holcomb, be approved. 5 8/5/91 APPOINTMENT - COMMUNITY TELEVISION COMMISSION - GILBERT A. MUNOZ (4) In a memorandum dated June 22, 1991, Mayor Holcomb requested the appointment of Gilbert A. Munoz, 1064 Congress Street, San Bernardino, CA, as an alternate member, to the Community Television Commission. Council Member pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that the appointment of Gilbert A. Munoz, as an alternate member, to the Community Television Commission, as requested by Mayor Holcomb, be approved. APPOINTMENT - CENTRAL CITY PARKING PLACE COMMISSION- PAUL M. QUINTON (4) In a memorandum dated July 23, 1991, Mayor Holcomb recommended the appointment of Paul M. Quinton, 1902 Citrus Avenue, Redlands, CA, to the Central City Parking Place Commission, as requested by Council Member Estrada, First Ward. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that the appointment of Paul M. Quinton to the Central City Parking Place Commission, as requested by Council Member Estrada, First Ward, be approved. APPOINTMENT - FINE ARTS COMMISSION - CLARA D. O'CAMPO (4) In a memorandum dated July recommended the appointment of Clara San Bernardino, CA, to the Fine Arts Council Member Reilly, Second Ward. 23, 1991, D. O'Campo, Commission, Mayor Holcomb 663 W. Magnolia as requested by Council Member pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that the appointment of Clara D. O'Campo to the Fine Arts Commission, as requested by Council Member Reilly, Second Ward, be approved. APPOINTMENT - FINE ARTS COMMISSION - BARBARA ANN MCGEE- GREENE (4) In a memorandum dated July 24, 1991, Mayor Holcomb recommended the appointment of Barbara Ann McGee-Greene, 755 Macy Street, San Bernardino, CA, to the Fine Arts Commission, as requested by Council Member Hernandez, Third Ward. 6 8/5/91 Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that the appointment of Barbara Ann McGee-Greene to the Fine Arts Commission, as requested by Council Member Hernandez, Third Ward, be approved. APPOINTMENT - BUREAU OF FRANCHISES - LLOYD HOWARD (4) In a memorandum dated June 23, 1991, Mayor Holcomb recommended the re-appointment of Lloyd Howard, 222 South Rancho, #47, San Bernardino, CA, to the Bureau of Franchises, as requested by Council Member Hernandez, Third Ward. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that the re- appointment of Lloyd Howard to the Bureau of Franchises, as requested by Council Member Hernandez, Third Ward, be approved. APPOINTMENT - FINE ARTS COMMISSION - BARRY SILVER (4) In a memorandum dated July 23, 1991, Mayor Holcomb recommended the re-appointment of Barry Silver, 1783 E. Sonora Avenue, San Bernardino, CA, to the Fine Arts Commission, as requested by Council Member Maudsley, Fourth Ward. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that the re- appointment of Barry Silver to the Fine Arts Commission, as requested by Council Member Maudsley, Fourth Ward, be approved. APPOINTMENT - FINE ARTS COMMISSION - MILOREO P. HUDSON (4) In a memorandum dated July 16, 1991, Mayor Holcomb recommended the appointment of Mildred P. Hudson, 1428 Bussey Street, San Bernardino, CA, to the Fine Arts Commission, as requested by Council Member Minor, Fifth Ward. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that the appointment of Mildred P. Hudson to the Fine Arts Commission, as requested by Council Member Minor, Fifth Ward, be approved. APPOINTMENT - FINE ARTS COMMISSION - BEVERLY GOODLY- POWELL (4) In a memorandum dated July 24, 1991, Mayor Holcomb recommended the appointment of Beverly Goodly-Powell, 1831 W. Cummings Way, San Bernardino, CA, to the Fine Arts Commission, as requested by Council Member Pope-Ludlam, Sixth Ward. 7 8/5/91 Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that the appointment of Beverly Goodly-powell to the Fine Arts Commission, as requested by Council Member Pope-Ludlam, Sixth Ward, be approved. APPOINTMENT - FINE ARTS COMMISSION - DORRIS R. BALLARD (4) In a memorandum dated July 22, recommended the re-appointment of Dorris R. Street, San Bernardino, CA, to the Fine requested by Council Member Miller, Seventh 1991, Mayor Holcomb Ballard, 677 E. Avery Arts Commission, as Ward. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that the re- appointment of Dorris R. Ballard to the Fine Arts Commission, as requested by Council Member Miller, Seventh Ward, be approved. APPOINTMENT - FINE ARTS COMMISSION - MICHAEL SHAW (5-25) In a memorandum dated July 23, 1991, Mayor Holcomb requested the appointment of Michael Shaw, 1942 University Avenue, San Bernardino, CA, to the Fine Arts Commission. Council Member pope-Ludlam made a Council Member Miller, and unanimously appointment of Michael Shaw to the Fine requested by Mayor Holcomb, be approved. motion, seconded carried, that Arts Commission, by the as APPOINTMENT - CENTRAL CITY PARKING PLACE COMMISSION- DORENE OOMINGUEZ (S-26) In a memorandum dated July 23, 1991, Mayor Holcomb recommended the appointment of Dorene Oominguez, 11815 Honey Hills, Colton, CA, to the Central City Parking Place Commission, as requested by Council Member Hernandez, Third Ward. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that the appointment of Dorene Dominguez to the Central City Parking Place Commission, as requested by Council Member Hernandez, Third Ward, be approved. WAIVE READING OF RESOLUTIONS AND ORDINANCES (5) Council Member Minor 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. 8 8/5/91 COUNCIL MINUTES - MAY 20, 1991, JUNE 3, 1991, JULY 10, 1991 (6) Council Member Minor made a motion, seconded by Council Member Maudsley, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino, be approved as submitted in typewritten form: May 20, 1991; June 3, 1991; and July 10, 1991. ANNEXATION OF MT. VIEW CEMETERY - NORTHEAST CORNER OF HIGHLAND AVENUE AND WATERMAN AVENUE - ANNEXATION NO. 353 (7) In a memorandum dated July 22, 1991, Roger G. Hardgrave, Director of public Works/City Engineer, requested authorization to proceed with the annexation of Mt. View Cemetery located on the northeast corner of Highland Avenue and Waterman Avenue. Council Member Minor made a motion, seconded by Council Member Maudsley, and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the proposed annexation of Mt. View Cemetery, located at the northeast corner of Highland Avenue and Waterman Avenue. REQUEST FOR FINANCIAL SUPPORT $3,500 - WESTERN REGIONAL LITTLE LEAGUE BASEBALL, INC. (9) In a memorandum dated July 30, 1991, Shauna Clark, City Administrator, requested that the Mayor and Council approve the allocation of $3,500 to Western Regional Little League Baseball, Inc., to defray team costs. In a letter dated July 22, 1991, Carlton E. Magee, Western Regional Director, 6707 Little League Drive, San Bernardino, CA, requested financial support in the amount of $3,500.00 to defray the cost of providing team transportation to and from the airport and the sponsoring of a Get Acquainted Picnic. . Council Member Minor made a motion, Member Maudsley, and unanimously carried, amount of $3,500 to Western Regional Little to defray team costs, be authorized. seconded by Council that payment in the League Baseball, Inc. CLAIMS AND PAYROLL (10) Council Member Minor 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 July 16, 1991, from the Director of Finance, be approved. 9 8/5/91 PERSONNEL ACTIONS (11) Council Member Minor made a motion, seconded by Council Member Maudsley, and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated July 17, 1991, in accordance with all administrative regulations of the City of San Bernardino, be approved. RES. 91-338 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE IMPLEMENTATION AND OPERATION OF AN AUTOMATED IDENTIFICATION SYSTEM. (S-4) RES. 91-339 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE IMPLEMENTATION AND OPERATION OF AN AUTOMATED IDENTIFICATION SYSTEM. (5-5) RES. 91-340 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SIXTH AMENDMENT TO AN AGREEMENT WITH EUGENE R. HENRIKSEN RELATING TO POLICE FIREARMS TRAINING AND THE SAN BERNARDINO POLICE PISTOL RANGE. (S-6) RES. 91-341 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT. (S-7) RES. 91-342 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACTS NOS. 14503 AND 14503-1, LOCATED AT THE SOUTHWEST CORNER OF CAJON BOULEVARD AND CABLE CREEK FLOOD CONTROL CHANNEL, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISIONS, WITH TIME FOR PERFORMANCE SPECIFIED. (5-8) RES. 91-343 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GRANT DEED TO JACK F. KENNEDY, TRUSTEE FOR THE KENNEDY LIVING TRUST DATED MAY 20, 1982 FOR A PORTION OF VACATED CAMINO REAL, NORTH OF FAIRWAY DRIVE IN THE CITY OF SAN BERNARDINO. (S-9) RES. 91-344 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO CORONA STEEL & SUPPLY DBA MACHADO IRON & STEEL FOR INSTALLATION OF TUBULAR STEEL FENCING AT JOHNSON HALL COMMUNITY CENTER. (5-11) 10 8/5/91 RES. 91-345 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO HOVEY ELECTRIC, INC. FOR CONSTRUCTION OF TRAFFIC SIGNAL AND RAMP IMPROVEMENTS AT WATERMAN AVENUE OFF-RAMP AND INTERSTATE HIGHWAY 1-10 AND. REDLANDS BOULEVARD/SUNSET DRIVE. (S-12) RES. 91-346 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1991-92 ASSESSMENT ROLL, CENTRAL CITY PARKING DISTRICT FOR OPERATION, MAINTENANCE AND SECURITY. (S-13) RES. 91-347 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1991-92 ASSESSMENT ROLL, EXPANSION OF FACILITIES FOR THE CENTRAL CITY PARKING DISTRICT. (S-14) RES. 91-348 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1991-92 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 958, SEWER AND SEWER LIFT STATION CONSTRUCTION, PEPPER AVENUE AND MILL STREET AREA. (S-15) RES. 91-349 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1991-92 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 965, FOR THE IMPROVEMENT OF LASSEN STREET, NORTH OF BASELINE STREET IN THE CITY OF SAN BERNARDINO. (S-16) RES. 91-350 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1991-92 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 966, FOR THE IMPROVEMENT OF DALEY CANYON ROAD, EASTERLY OF CHIQUITA LANE IN THE CITY OF SAN BERNARDINO. (S-17) RES. 91-351 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1991-92 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 971, FIRE STATION CONSTRUCTION REIMBURSEMENT DISTRICT IN THE TRI-CITY AREA. (S-18) RES. 91-352 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1991-92 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 973, INSTALLATION OF TRAFFIC SIGNALS AT UNIVERSITY PARKWAY AND HALLMARK PARKWAY. (S-19) RES. 91-353 A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DETERMINATION AND LEVY OF THE SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 995 FOR FISCAL YEAR 1991-92. (S-20) 11 8/5/91 RES. 91-354 - RESOLUTION OF THE CITY OF 5AN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GFB- FRIEDRICH & ASSOC., INC. FOR ASSESSMENT ENGINEERING SERVICES FOR THE CAJON BOULEVARD AND LINDEN PEPPER DRIVE AREA ACQUISITION ASSESSMENT DISTRICT NO. 1003. (5-21) RES. 91-355 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH STONE AND YOUNGBERG FOR INVESTMENT BANKING SERVICES FOR THE CAJON BOULEVARD AND LINDEN PEPPER DRIVE AREA ACQUISITION ASSESSMENT DISTRICT NO. 1003. (5-22) RES. 91-356 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BROWN, HARPER, BURNS & HENTSCHKE FOR BOND COUNSEL SERVICES FOR THE CAJON BOULEVARD AND LINDEN PEPPER DRIVE AREA ACQUISITION ASSESSMENT DISTRICT NO. 1003. (5-23) Council Member Minor made a motion, seconded by Council Member Maudsley, that said resolutions be adopted. Resolution Nos. 91-338, 91-339, 91-340, 91-341, 91-342, 91- 343, 91-344, 91-345, 91-346, 91-347, 91-348, 91-349, 91-350, 91- 351, 91-352, 91-353, 91-354, 91-355, and 91-356 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Hernandez. UNDERGROUNDING UTILITIES AND STREET LIGHT - 21ST STREET FROM CRESTVIEW AVENUE TO STREET - AUTHORIZATION OF EXPENDITURE INSTALLATION SAN GABRIEL (8) In a memorandum dated July 25, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, requested authorization for the expenditure of $94,000 from the Street Lighting and Street Sweeping Assessment District to finance the cost for undergrounding utilities and street light installation on 21st Street from Crestview Avenue to San Gabriel Street. Mr. Hardgrave stated that funds allocated in the previous fiscal year's budget are available to finance the undergrounding of utilities and the installation of six new street lights. He explained that Southern California Edison Company must raise its utility lines at Valencia Avenue and relocate a wooden utility pole on the southwest corner of 21st Street and San Gabriel Streets to accommodate the City'S street widening project. Southern California Edison has agreed to pay half of the costs to install underground cable as its share of the total costs of the project. 12 8/5/91 Council Member Reilly made a motion, seconded by Council Member Estrada, that the expenditure of $94,000 from the amount allocated in 1991/92 FY Budget from the Street Lighting and Street Sweeping District for street lighting enhancement, be approved; to finance the undergrounding of overhead utilities and installation of street lights on 21st Street, from Crestview Avenue to San Gabriel Street. The motion carried by the following vote: Members Estrada, Reilly, Pope-Ludlam, Miller. Members Maudsley, Minor. Absent: Council Member Ayes: Council Nays: Council Hernandez. RES. 91-357 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH OMNITRANS, A JOINT POWERS AUTHORITY, AND SAN BERNARDINO DOWNTOWN MAIN STREET, INC., A NON-PROFIT CORPORATION, RELATING TO THE INSTALLATION, MAINTENANCE, AND TYPE OF TRANSIT FURNITURE AND RELATED AMENITIES AT DOWNTOWN SAN BERNARDINO BUS STOPS AND RESCINDING RESOLUTION NO. 91- 65. (S-3) Council Member Minor made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution Ayes: Council Ludlam, Miller. No. 91-357 was adopted by the following vote: Members Estrada, Reilly, Maudsley, Minor, Pope- Nays: None. Absent: Council Member Hernandez. RES. 91-358 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO BOB BRITTON, INC. FOR WIDENING OF FORTIETH STREET, BETWEEN THIRD AVENUE AND COTTAGE DRIVE. (5-10) Mr. Hardgrave answered questions regarding the cost effectiveness of widening the entire length of the project from 40th Street to Electric Avenue. He explained that acquisition of right-of-ways, and undergrounding of utilities would be too expensive and would delay full improvements of the project for a minimum of one year. Mr. Hardgrave stated that all necessary precautions have been taken to avoid a funnel effect from the street narrowing into two lanes on Cottage Drive to Electric Avenue. Council Member Minor made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution Ayes: Council Ludlam, Miller. No. 91-358 was adopted by the following vote: Members Estrada, Reilly, Maudsley, Minor, Pope- Nays: None. Absent: Council Member Hernandez. 13 8/5/91 PUBLIC HEARING STREET NAME CHANGE CLUB WAY TO SUNSET DRIVE, SUNSET DRIVE TO CLUB WAY - SOUTHWEST PORTION OF CAROLINE STREET TO CLUB WAY - CONTINUED FROM JULY 15, 1991 (12) This is the time and place continued to for a public hearing to change the street name from Club Way to Sunset Drive, Sunset Drive to Club Way and the southwesterly portion of Caroline Street to Club Way. In a memorandum dated June 24, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that changes in the street names of Club Way, Sunset Drive and the southwesterly portion of Caroline Street were initiated by the Sunset Group. The Sunset Group is attempting to acquire freeway signage for Club Way in order to improve advertising for the existing and planned businesses in the area bounded on the east and west of Waterman Avenue and Hunts Lane, on the north by Redlands Boulevard, and on the south by the railroad tracks. It is the City's intention to clarify the two sections of Caroline Street which overlap. The southerly portion will be renamed Club Way. This will help provide continuity and reduce duplication of street names in the area. RESOLUTION OF THE CITY OF SAN BERNARDINO CHANGING THE NAME OF CLUB WAY TO SUNSET DRIVE, SUNSET DRIVE TO CLUB WAY AND THE SOUTHERLY PORTION OF CAROLINE STREET TO CLUB WAY, WITHIN THE CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO, EFFECTIVE AS TO THE FIRST DAY OF JANUARY, 1992. (12) Mayor Holcomb opened the hearing. Merv Simchowitz, The Sunset Group, spoke in support of the proposed street name change. He stated that surrounding business owners would not be directly affected by the proposed name change. William Beaver, owner of Econo Lube N' Tune, 2225 Club Way, San Bernardino, CA, opposed the street name change. He maintained that business owners in the area would suffer great financial loss from having to reprint their business stationery with the new proposed street name. He stated that approximately 22 business were never informed of the proposed street name change. COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council meeting. Mike Maydon, Manager Supervisor, Pool Club, 194 N. Caroline, Suite A, San Bernardino, CA, stated that many of the business owners were not informed of the proposed street name change and 14 8/5/91 were not able to attend the Council meeting. He urged the Council to consider the financial impact of these small businesses in having to change their business stationery and urged the Council to deny the request to change the street name. Council Member Maudsley made a motion, seconded by Council Member Estrada, and unanimously carried, that the public hearing proposing a street name change of Club Way to Sunset Drive be continued to September 16, 1991, and that the City Engineer be directed to notify all surrounding business owners that would be affected by the proposed street name change. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council meeting and took her place at the council table. CONSIDERATION OF STREET VACATION - MILL STREET, ADJACENT TO BALLISTIC MISSILE OFFICE AT NORTON AIR FORCE BASE (13) In a memorandum dated July 10, 1991, Roger G. Hardgrave, Director of Public works/City Engineer, stated that a letter dated June 28, 1991, from Richard J. Bennecke, Assistant Base Closure Officer, inquired if the City might entertain the idea of vacating Mill Street, from the west boundary of the Ballistic Missile Office (BMO), in the event the LA Air Station is closed and some of its functions are relocated to the Ballistic Missile Office. Mayor Holcomb indicated that the City might consider the request on the proposed street vacation, if a cost effective feasibility plan can be achieved. Mr. Hardgrave indicated that Captain Clark of Norton Air Force Base has requested that reference to the closure of the LA Air Station be deleted from the proposed motion. Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that the City agree to consider the vacation of Mill Street, from the west boundary of the Ballistic Missile Office to Tippecanoe Avenue. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council meeting. 15 8/5/91 RES. 91-359 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CONVENTION AND VISITORS BUREAU WHERE THE CITY SHALL PROVIDE THE BUREAU THE SUM OF 20 PERCENT OF THE ACTUAL REVENUES COLLECTED FROM THE TRANSIENT OCCUPANCY TAX DURING FISCAL YEAR 1991/92. (Continued from July 15, 1991) (16) Council Member Maudsley made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 91-359 was adopted by the following vo.te: Ayes: Council Members Reilly, Maudsley, Minor, Miller. Nays: None. Absent: Council Members Estrada, Hernandez, Pope-Ludlam. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council meeting and took her place at the council table. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. AN ORDINANCE OF CHAPTER 8.05 TO RELATING TO THE ORDERED VACATED. THE CITY OF SAN BERNARDINO ADDING THE SAN BERNARDINO MUNICIPAL CODE COLLECTION OF RENT FOR BUILDINGS FIRST ( 17 ) City Attorney Penman stated that the proposed ordinance prohibits landlords from collecting rent from tenants after the building has been ordered vacated by the City. He recounted instances where, after a building had been ordered vacated, the landlord had quietly moved tenants back into the building without making the necessary repairs and the tenants were evacuated again. He stated that the problem arises when these tenants, unaware of the order to vacate the building, have paid their rent to the landlord, and when re-evacuated the landlord refuses to refund the rent. City Attorney Penman answered questions regarding the penalty for violating provisions of the proposed ordinance and if additional penalties can be imposed on landlords who defy the ordinance. Mr. Penman stated that the penalty for violating provisions in the City'S Municipal Code is a misdemeanor with a penalty of six months in the County jailor a $1,000.00 fine. He stated that according to State law, the City can only charge the maximum fine and that there are no provisions in the Municipal Code to charge additional penalties. A member of the Council requested that this matter be referred to the Housing Committee for further discussion. 16 8/5/91 Council Member Minor made a motion, seconded by Council Member Miller, that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Miller. Nays: Council Member Pope-Ludlam. Absent: Council Member Hernandez. PUBLIC HEARING - INCREASE IN SEWER SERVICE CHARGES AND SEWER CAPACITY FEES (5-2) This is the time and place set for a public hearing to increase sewer service charges and sewer capacity fees. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the council meeting. RES. 91-360 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 89-510 ENTITLED IN PART "RESOLUTION. ESTABLISHING SEWER CONNECTION AND INSPECTION FEES. "TO AUTHORIZE AN INCREASE IN THE SEWER CONNECTION FEE DESIGNATED FOR CONSTRUCTION AND IMPROVEMENTS OF THE WASTEWATER TREATMENT PLANT TO CONNECT TO THE CITY'S SEWER, EFFECTIVE OCTOBER l, 1991. (S-2) RES. 91-361 - RESOLUTION OF THE CITY OF SAN BERNARDINO FIXING AND ESTABLISHING CHARGES FOR SERVICES AND FACILITIES FURNISHED BY THE CITY SEWERAGE COLLECTION AND TREATMENT SYSTEM LOCATED INSIDE THE INCORPORATED TERRITORY OF THE CITY; PROVIDING THAT USERS LOCATED OUTSIDE THE INCORPORATED TERRITORY OF THE CITY MAY RECEIVE SEWER SERVICES; AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO EXECUTE AGREEMENTS FOR USERS LOCATED OUTSIDE THE INCORPORATED TERRITORY OF THE CITY SUBJECT TO CERTAIN TERMS AND CONDITIONS; AND AMENDING RESOLUTION NO. 83-279. (S-2) Mayor Holcomb opened the hearing. Bernard C. Kersey, General Manager, Water Department, presented a video entitled "Use Attainability Analysis on Range Four of the Santa Ana River". Discussion ensued regarding the urgency of adopting the proposed resolutions to increase sewer service charges and sewer capacity fees. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member pope-Ludlam returned to the Council meeting and took her place at the council table. 17 8/5/91 Mr. Kersey explained that the City is operating under a cease and desist order from the California Regional Water Quality Control Board to improve the quality of effluent discharge to the Santa Ana River, and the City must show progress in complying with these standards otherwise the City will be faced with a $25,000 per day fine. He stated that a plan must be completed by 1995 indicating how the City will meet the new regulatory discharge standards for the Water Reclamation Plant. Recent major changes in the discharge standards have mandated construction of new facilities to complete tertiary treatment and reduction in nitrogen and ammonia levels to protect aquatic life and groundwater quality. Mr. Kersey stated that the proposed resolution would increase the monthly residential sewer service rate from $7.20 to $13.60. The sewer capacity fee for connection to the Wastewater Treatment Plant would be charged to new users to cover the capital project costs, including financing costs, for both expanding, upgrading, and improving the system. The sewer user charges would provide a monthly source of revenue for operation and maintenance costs, long-term debt service, depreciation of facilities, and replacement costs. Bill Katona, a resident of the City, opposed the sewer rate increase. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council meeting. Council Miller made a motion, seconded by Council Member Maudsley, and unanimously carried, that the hearing be closed. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council meeting and took her place at the council table. Council Member Maudsley made a motion, seconded by Council Member Minor, that said resolutions be adopted. Resolution Nos. 91-360 and 91-361 were adopted following vote: Ayes: Council Members Estrada, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Council Member Hernandez. by the Reilly, Absent: ANNOUNCEMENT - SENATOR RUBEN AYALA (2) Mayor Holcomb welcomed The Honorable Senator Ruben Ayala, 34th District, and invited him to attend the scheduled noon workshop on the legislative process to be presented by Mike Arnold, the City's Legislative Analyst. 18 8/5/9l Senator Ayala congratulated Arnold to represent the City in issues, and gave a presentation adoption of the State's budget. the Ci ty Sacramento on events for selecting Mike on key legislative which lead to the Senator Ayala spoke of bills which he plans to support which include legislation for the handicapped, construction of the Auburn Dam, and a proposed amendment to Senator Kopp's bill which insists that the California Water Quality Control Board set standards for the Bay. The proposed amendment would identify a new source of water from the construction of the Auburn Dam. The Auburn Dam would provide water in increments to meet the standards of the Bay, to provide water recreational activities and generate hydroelectric power that could be sold to utility companies. No Council action was taken. RECESS MEETING At 1l:21 a.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 11:31 a.m., the regular meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Reilly, Maudsley, Minor; Deputy City Attorney Empeno, City Clerk Krasney. Absent: Council Members Estrada, Hernandez, Pope-Ludlam, Miller; City Administrator Clark. LEGISLATIVE UPDATE - ASSEMBLYMAN JERRY EAVES (14) Due to the lack of a quorum, Mayor Holcomb introduced Assemblyman Jerry Eaves who gave a presentation relating to the controversy surrounding the Public Employees Retirement System (PERS) . COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council meeting and took her place at the council table. COUNCIL MEMBERS POPE-LUDLAM AND MILLER RETURNED Council Members Pope-Ludlam and Miller returned and took their places at the council table. No Council action was taken. 19 8/5/91 PUBLIC HEARING CREATION OF UNDERGROUND DISTRICT NO. 21 - CENTRAL AVENUE, SOUTH OF AVENUE ALONG PORTIONS OF PALM AVENUE, SOUTH OF AVENUE. UTILITY HIGHLAND HIGHLAND (5-1) This is the time and place set for a public hearing to consider the creation of Underground Utility District No. 21, along portions of Central Avenue, south of Highland Avenue, along portions of Palm Avenue, south of Highland Avenue. RES. 91-362 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CREATING UNDERGROUND UTILITY DISTRICT NO. 21, ALONG PORTIONS OF CENTRAL AVENUE, SOUTH OF HIGHLAND AVENUE AND ALONG PORTIONS OF PALM AVENUE, SOUTH OF HIGHLAND AVENUE. (5-1) Mayor Holcomb opened the hearing. Council Member Estrada made a motion, seconded by Council Member Reilly, that the public hearing relative to the creation of Underground Utility District No. 21, be closed; and that said resolution be adopted. Resolution No. 9l-362 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Hernandez. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:37 a.m., Chairman Holcomb called the Community Development Commission to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 91-363 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SMALL BUSINESS LOAN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INTERSTATE WORLD TRAVEL. (R-3) RES. 91-364 COUNCIL OF THE EXECUTION OF A THE CITY OF SAN RESOLUTION OF THE MAYOR AND COMMON CITY OF SAN BERNARDINO AUTHORIZING THE SMALL BUSINESS LOAN AGREEMENT BETWEEN BERNARDINO AND CUSTOM WINDOW TINTING. (R-4) RES. 91-365 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SMALL BUSINESS LOAN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CYPRESS MOBILE HOME PARK. (R-5) 20 8/5/91 RES. 91-366 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SMALL BUSINESS LOAN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ABACUS SALES AND SERVICES. (R-6) RES. 91-367 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF UNDERTAKING CERTAIN BLIGHT REDUCING ACTIVITIES FOR THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA OF THE AGENCY. (R-8) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that said resolutions be adopted. Resolutions Nos. 91-363, 91-364, 91-365, 91-366, and 91-367 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Hernandez. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council meeting. RECESS MEETING At 11:43 a.m., Mayor Holcomb recessed the regular meeting of the Mayor and Common Council to a luncheon workshop in the Management Information Center, Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California, to hear a presentation on the legislative process. RECONVENE MEETING - LUNCHEON WORKSHOP At 12:28 p.m., Mayor Holcomb called the luncheon workshop to order in the Management Information Center (MIC) Room, Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam; Deputy City Attorney Empeno, City Clerk Krasney, Ci ty Administrator Clark. Absent: Council Member Miller. BRIEFING ON LEGISLATIVE PROCESS LEGISLATIVE ANALYST MIKE ARNOLD, (15) This is the time and place set for a luncheon workshop to hear a presentation on the legislative process by Mike Arnold, the City's Legislative Analyst. 21 8/5/91 COUNCIL MEMBER MILLER ARRIVED Council Member Miller arrived at the luncheon workshop. Mike Arnold, Legislative Analyst for the City of San Bernardino, explained the duties and responsibilities of a legislative analyst. He spoke of key legislative issues pending approval in Sacramento which would be of interest to the City of San Bernardino: growth management, police officers bill of rights, workers compensation reform act, reapportionment, Base Closure Advisory Counsel, Brown Act, and term of office limitation. Discussion ensued regarding legislation increasing the percentage rate from .33% to .5% for off-track wagering. COUNCIL MEMBERS ESTRADA, POPE-LUDLAM, MILLER EXCUSED Council Members Estrada, Pope-Ludlam, and Miller left the luncheon workshop. Assemblyman Jerry Eaves answered questions regarding the possibilities of establishing a utility tax and business license tax in unincorporated areas of the County in lieu of the prisoner booking fees. No Council action was taken. RECESS MEETING At 1:55 p.m., the luncheon workshop recessed to 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:00 p.m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council in the Council Chambers, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; Deputy City Attorney Empeno, Deputy City Clerk Jones. Absent: Council Member Estrada; City Administrator Clark. APPEAL - REVOCATION OF CONDITIONAL NO. 198 - CIVIC CENTER MOTEL, 665 CONTINUED FROM JULY 15, 1991 DEVELOPMENT PERMIT NORTH "D" STREET- (18) This is the time and place continued to for an revocation of Conditional Development Permit No. Civic Center Motel located at 665 North "D" Street. appeal on the 198 for the 22 8/5/91 Council Member Reilly made a motion, seconded by Council Member Maudsley, and unanimously carried, that the appeal of the revocation of Conditional Development Permit No. 198, Civic Center Motel, be continued to September 4, 1991, at the request of the hearing officer, to review documents submitted by the respective parties and to hear further arguments. CITY CLERK KRASNEY RETURNED City Clerk Krasney returned to the Council meeting and replaced Deputy City Clerk Jones. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council meeting and took her place at the council table. DEVELOPMENT CODE SINGLE ROOM OCCUPANCY (SRO) FACILITIES - REAFFIRM COUNCIL ACTION OF JULY 15, 1991 (19) This is the time and place continued to reaffirm Council action taken on July 15, 1991 regarding proposed amendments on single room occupancy (SRO) facilities. Mayor Holcomb opened the hearing. Council Member Member Miller, and closed. Minor made unanimously a motion, carried, seconded by Council that the hearing be Council Member Hernandez made a substitute motion, seconded by Council Member Estrada, that the hearing be closed; that the Mayor and Common Council reaffirm the action taken on July 15, 1991, wherein, the Mayor and Council directed Planning staff to prepare an ordinance to amend the Development Code as appropriate to incorporate provisions as shown in Attachment "B", and those proposed by Mr. Gil Lara of Larcon Development. Discussion ensued regarding substitution of the word "may be" for "shall" under the definition portion of the proposed Development Code Amendments for Single Room Occupancy (SRO) facilities which reads as follows: "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 mav be provided in the unit, and cooking facilities may be shared within the motel". Deputy City Attorney Empeno stated that substituting the word "may be" for "shall" would be a substantial change and would require re-notification of the public hearing process. 23 8/5/91 Mayor Holcomb emphasized that before a single room occupancy facility can be built, a conditional use permit must first be obtained. He stated that by obtaining a conditional use permit, the City can impose as a condition the substitution of the word "may be" for "shall". It was pointed out that the definition relating to the sharing of sanitary facilities within an SRO unit, provides for communal sharing of showers rather than toilets and sinks. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Abstain: Council Member Hernandez. Absent: None. DISCUSSION SECURITY ASSESSMENT DISTRICT FOR HOSPITALITY LANE AREA - COUNCIL MEMBER HERNANDEZ (S-24) Council Member Hernandez stated that a meeting was held with the business community regarding the establishment of a police security assessment district for the Hospitality Lane/Tri-City area. Mayor Holcomb suggested that an additional meeting be held with the business community in the Tri-City Area, to present an alternative proposal to forming an assessment district. Mayor Holcomb proposed that a utility tax over-ride district be created which would place an additional tax on the utilities rather than on the property. He felt that business owners would rather pay additional utilities than higher property taxes. The utility tax over-ride district would not require an assessment study and would generate costs savings of approximately $6,000 to $10,000. Mayor Holcomb recommended that the City give serious consideration to the establishment of a security district in the Hospitality Lane/Tri-City area without any dollar commitment on behalf of the City. Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the Mayor and Council support the efforts of the Hospitality Lane/Tri-City Project Area in forming some type of security program. RECESS MEETING - CLOSED SESSION (lA) At 2: 18 p. m., the Mayor and Common Council and Community Development Commission recessed to closed session to consider personnel matters pursuant to Government Code Section 54957. CLOSED SESSION At 2:21 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. 24 8/5/91 ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: None. Also present: J. Lorraine Velarde, Executive Assistant to the Mayor, and Henry Empeno, Deputy City Attorney. ASSISTANT CITY ADMINISTRATOR At 2:50 p.m., Fred Wilson, arrived at closed session. WILSON ARRIVED Assistant City Administrator, CITY ADMINISTRATOR CLARK EXCUSED At 3:04 p.m., City Administrator Clark left the closed session. ADJOURN CLOSED SESSION At 3:12 p.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 3: 12 p. m., Mayor Holcomb called the regular meeting to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: Council Members Pope-Ludlam, Miller. ANNOUNCEMENT - CLOSED SESSION Mayor Holcomb announced that while in closed session, the Council unanimously approved Mr. Jim Iverson and Tim Sabo, Agency Counsel, to negotiate with the City Administrator and Tim Steinhaus, Agency Administrator of Economic Development Agency, on the sale of the City Hall building. RECESS MEETING - CLOSED SESSION (lA) At 3:15 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session 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: Citv Hall. 300 North "D" Street. Court and "E" Street parkino Lot: and the Police Station. 466 W. Fourth Street. 25 8/5/91 CLOSED SESSION At 3: 15 p.m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: Council Member Minor. Also present: Administrator, Economic Counsel. Jim Iverson; Development Tim Agency; Steinhaus, Tim Sabo, Agency Agency COUNCIL MEMBER At 3:31 p.m., session. POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the closed ADJOURN CLOSED SESSION At 3:48 p.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino, California. RECONVENE MEETING At 3:50 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 with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: Council Members Minor, Pope- Ludlam. AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AUTHORIZ ING THE APPOINTMENT OF HEARING OFFICER (S) AND PROVIDING FOR SAID HEARING OFFICER(S) TO HEAR ANY ITEM ON THE AGENDA OF ANY CITY COMMITTEE OR CITY COMMISSION IN THE ABSENCE OF A QUORUM AND PROVIDING FOR SAID HEARING OFFICER( S) TO HEAR ANY ITEM REFERRED TO SAID HEARING OFFICER(S) BY ANY CITY COMMITTEE OR CITY COMMISSION AND DECLARING THE URGENCY THEREOF. Uroencv City Clerk Krasney read the title of the urgency ordinance. 26 8/5/91 Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that the matter of authorizing the appointment of a hearing officer to hear any item on the agenda in the absence of a quorum arose subsequent to the posting of the Council agenda. Discussion ensued regarding the Council having an opportunity to review the proposed urgency ordinance. City Attorney Penman explained that the proposed ordinance would allow a hearing officer to hear cases of the Board of Building Commission and Planning Commission in the absence of a quorum. Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that the urgency ordinance authorizing the appointment of a hearing officer be continued to 11:30 a.m., Wednesday, August 7, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, for further review. ADJOURNMENT At 3:55 p.m., the Wednesday, August 7, 1991, 300 North "D" Street, San meeting adjourned to in the Council Chambers Bernardino, California. (20) 11:30 of City a.m. , Hall, RACHEL KRASNEY City Clerk .} /1 By .10( ~ (t.- d;{? h C'~ . / D~ane Jones, Deputy City Clerk No. of Items: 70 No. of Hours: 7 hrs. 20 min. 27 8/5/91