HomeMy WebLinkAbout09-16-1991 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
REGULAR MEETING
SEPTEMBER 16, 1991
COUNCIL CHAMBERS
The regular meeting of the Mayor and Common Council of the
City of San Bernardino was called to order by Mayor Holcomb at
8:35 a.m., in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Krasney with the following
being present: Mayor Holcomb; Council Members Reilly, Hernandez,
Maudsley, Minor, Miller; City Attorney Penman, City Clerk
Krasney, City Administrator Clark. Absent: Council Members
Estrada, Pope-Ludlam.
RECESS MEETING - CLOSED SESSION (1 & R-8)
At 8:35 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 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
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f.
to confer with the attorney regarding
litigation pursuant to Government Code
54956.9(c), so that Council/Commission may
whether to initiate litigation;
pending
Section
decide
g. to confer with the attorney regarding pending
litigation which has been initiated formally to which
the City is a party pursuant to Government Code Section
54956.9(a) as follows:
Citv of San Bernardino vs. San Bernardino Baseball Club.
Inc. - San Bernardino Superior Court Case No. 239193;
Stubblefield Construction Company. et al vs. City of San
Bernardino. et al - San Bernardino Superior Court Case No.
242998; San Bernardino Superior Court Case No. 252058;
Sock Dawson. et al vs. Ci tv of San Bernardino. et al-
United States District Court Case No. SA 88-461 AHS (RWRx);
City of Redlands vs. Inland Vallev Development Aaencv. et al
- San Bernardino Superior Court Case No. 255222;
Countv vs. Citv of San Bernardino IRDA) - San Bernardino
Superior Court Case No. 258241;
Citv of
Indians.
6899 WJR
San
et al
(Bx);
Bernardino vs. San Manuel Band of Mission
- United States District Court - Case No. 85-
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;
City of San Bernardino vs. San Bernardino Steel San
Bernardino Superior Court Case No. 261904;
Citv of San Bernardino vs. Dvkes/Rampello - San Bernardino
Superior Court Case No. 254883;
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Crain vs. Citv of San Bernardino - San Bernardino Superior
Court Case No. 229990;
Meridian Park Investments vs. City of San Bernardino-
United States District Court - Case No. 91-3993-JSL (JRx);
San Bernardino Hotel/Motel Association vs. City of San
Bernardino - San Bernardino Superior Court Case No. 264661.
City Attorney Penman announced that the following additional
cases would be discussed in closed session:
City of San Bernardino vs. Countv of San Bernardino. et al-
San Bernardino Superior Court Case No. 207900.
City of San Bernardino vs. Frank L. Arellanes. et al ~ San
Bernardino Superior Court Case No. 264052.
CLOSED SESSION
At 8:36 a.m., Mayor Holcomb called the closed session to
order in the conference room of the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Krasney with the following
being present: Mayor Holcomb; Council Members Reilly, Hernandez,
Maudsley, Minor, Miller; City Attorney Penman, City Clerk
Krasney, City Administrator Clark. Absent: Council Members
Estrada, Pope-Ludlam.
Also present: Margaret Scroggin, Administrative Operations
Supervisor, City Attorney's Office.
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.
COUNCIL MEMBER
At 8:38 a.m.,
closed session.
POPE-LUDLAM ARRIVED
Council Member Pope-Ludlam
arrived at
the
COUNCIL MEMBER ESTRADA ARRIVED
At 8:40 a.m., Council Member Estrada arrived at the closed
session.
ADJOURN CLOSED SESSION
At 8:56 a.m., the closed session adjourned to the regular
meeting of the Mayor and Common Council of the City of San
Bernardino.
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RECONVENE MEETING
At 9:32 a.m., Mayor Holcomb reconvened the regular meeting
of the Mayor and Common Council of the City of San Bernardino in
the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Krasney with the
following being present: Mayor Holcomb; Council Members Estrada,
Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City
Attorney Penman, City Clerk Krasney, City Administrator Clark.
INVOCATION
The invocation was given by Bishop Phillip Straling of the
Diocese of San Bernardino.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Minor.
PRESENTATION - BISHOP PHILLIP STRALING - SERVICE TO
YOUTH (4)
Mayor Holcomb presented Bishop Phillip Straling with a
plaque commending him for his outstanding service to the Boy
Scouts of America, the youth and community of San Bernardino, and
for outstanding leadership in the community.
PROCLAMATION - RIDESHARE WEEK - SEPTEMBER
1991
23 - 27,
(4)
J. Lorraine Velarde, Executive Assistant to the Mayor, read
a proclamation declaring the week of September 23 - 27, 1991, as
California Rideshare Week.
Peggy Ducey, Assistant to the City Administrator, accepted
the proclamation.
COMMENDATION JUNIOR POLICE ACADEMY
ELEMENTARY SCHOOL
LYTLE CREEK
(4)
J. Lorraine Velarde, Executive Assistant to the Mayor, read
a commendation for the Junior Police Academy at Lytle Creek
Elementary School for its outstanding service to the community
and youth of San Bernardino.
Daniel Robbins, San Bernardino Chief of Police, accepted
the commendation. Also present were Corporal Brian Cartony,
Instructor; Cecelia Carrasco, Principal, Lytle Creek Elementary
School; and Sgt. Major Gunter Griebau.
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PRESENTATION - EMPLOYEE RECOGNITION AWARDS
(5)
J. Lorraine Velarde, Executive Assistant to the Mayor, read
the following names of employees receiving employee recognition
awards for the period of April 16, 1991 to July 15, 1991.
Michael Arvizo
Management Confidential Employee
Category
General Employee Category
Safety Employee Category (Posthumously)
Sue Dawson
Thomas Gould
SERVICE PIN AWARD CEREMONY
(5)
J. Lorraine Velarde, Executive Assistant to the Mayor, read
the names of the employees receiving service pin awards.
Each employee received a service pin from Mayor Holcomb in
gratitude of his/her many years of dedicated service to the City.
APPOINTMENT - SARAH JANE LORENZ - PARKS & RECREATION
COMMISSION - COUNCIL MEMBER MINOR REQUEST (4)
In a memorandum dated August 11, 1991, Mayor Holcomb
recommended the appointment of Sarah Jane Lorenz, 2737 Muscupiabe
Drive, San Bernardino, CA, to the Parks & Recreation Commission,
at the request of Council Member Minor.
Council Member Minor made a motion, seconded by Council
Member Pope-Ludlam, and unanimously carried, that the appointment
of Sarah Jane Lorenz to the Parks & Recreation Commission be
approved.
ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ - GRAFFITI &
BLIGHT (2)
Council Member Hernandez expressed concern regarding the
graffiti and blight occurring in the City and the Third Ward, and
stated that the City's graffiti abatement paint over program
should be reviewed and modified to be more effective in blight
and graffiti abatement.
ANNOUNCEMENT COUNCIL MEMBER MILLER
BLIGHT - SECCOMBE LAKE PARK SEPTEMBER 15TH
GRAFFITI &
CELEBRATION
(2)
Council Member Miller stated that many north/south streets
were less cluttered with graffiti and abandoned vehicles due to
the City'S efforts to clean up blight.
Council Member Miller commended staff for their efforts on
the September 15th celebration that she attended at Seccombe Lake
Park, she felt that it was very impressive.
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PUBLIC COMMENTS
There were no public
section of this meeting.
(3)
comments during the public comments
WAIVE FURTHER READING OF RESOLUTIONS AND ORDINANCES (6)
Council Member Hernandez made a motion, seconded by Council
Member Estrada, and unanimously carried, that further reading of
all resolutions and ordinances on the regular, supplemental and
Community Development Commission agendas be waived.
COUNCIL MINUTES
(7)
Council Member Hernandez made a motion, seconded by Council
Member Estrada, 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:
June 17, 1991; August 5, 1991; August 7, 1991; and August 19,
1991.
SET PUBLIC HEARING - SOLID
RECYCLING PLAN & HOUSEHOLD
OCTOBER 7, 1991
WASTE SOURCE REDUCTION &
HAZARDOUS WASTE ELEMENT-
(8)
In a memorandum dated August 27, 1991, Manuel P. Moreno,
Jr., Director, Public Services, stated that a Solid Waste Source
Reduction and Recycling Plan, and the Household Hazardous Waste
Element must be implemented as required by the State of
California per Assembly Bill (AB) 939. The final draft of the
plan must be filed with the State of California and the County of
San Bernardino prior to January 1, 1992. AB 939 requires that
two public hearings be held to receive public comments. The
first public hearing is scheduled for October 7, 1991 at 10:00
a.m. The second public hearing and adoption of the plan should
occur at the December 2, 1991 meeting of the Mayor and Common
Council.
Council Member Hernandez made a motion, seconded by Council
Member Estrada, and unanimously carried, that a public hearing
for citizen input on the Solid Waste Source Reduction and
Recycling Plan, and the Household Hazardous Waste Element be set
for Monday, October 7, 1991 at 10:00 a.m., in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino,
California.
TRANSFER OF FUNDS -
STREET IMPROVEMENTS
MUNICIPAL CODE
$62,608 - CITY'S PORTION - FILL-IN
- SECTION 12.92 - SAN BERNARDINO
( 10)
In a memorandum dated September 3, 1991, Roger Hardgrave,
Director of Public Works/City Engineer, presented a synopsis of
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previous Council action relating to fill-in street improvements,
under the provisions of Chapter 12.92 of the San Bernardino
Municipal Code. He stated that the total estimated cost for
installing fill-in street improvements adjacent to the twenty-
three parcels in question was $125,216. The Economic Development
Agency had made a determination that a finding of mutual benefit
could not be made on the twenty-three parcels. Therefore, bond
proceeds may not be used, and another source of funds had to be
identified to finance the City's one half of the cost, for those
parcels whose owners agreed to participate in the program.
Resolution No. 91-137, adopted on April 15, 1991, stipulated
that the City would finance 50% of the cost for each parcel whose
owner agrees, within a specified time frame, to participate. For
those owners who decline to participate, the entire cost would be
assessed under these proceedings. The Economic Development
Agency/Development Department has developed a program to use CDBG
funds to finance the 50% share, for those owner occupants of
single-family residences with low to moderate income.
Council Member Hernandez made a motion, seconded by Council
Member Estrada, and unanimously carried, that the transfer of
$62,608, from Account No. 129-000-30405 "Unappropriated Reserve"
to Account No. 251-684-53925, "Fill-in Street Improvements per
Section 12.92 of San Bernardino Municipal Code," be approved.
Council Member Hernandez made a motion, seconded by Council
Member Estrada, and unanimously carried, that the Director of
Public Works/City Engineer be authorized and directed to initiate
proceedings for the installation of necessary fill-in street
improvements, under the provisions of Chapter 12.92 of the San
Bernardino Municipal Code, on the following parcels: 266-221-
05, 06, 07, & 12; 266-222-07, 266-223-09, & 11, 268-351-11, 272-
201-52, 272-212-21, 22, & 69, 285-162-14, 155-101-03, 04, & 14,
155-111-04, & 05, 155-142-17, 155-151-08, & 20, 155-183-30, and
145-151-21; and that assessments in excess of $50.00 be collected
in up to three annual installments; that interest at 7% be
applied on unpaid balances; and that incidental costs be financed
by the City.
CLAIMS AND PAYROLL
(11)
Council Member Hernandez made a motion, seconded by Council
Member Estrada, and unanimously carried, that the claims and
payroll, and the authorization to issue warrants as listed on the
memorandum dated September 11, 1991, from the Director of
Finance, be approved.
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PERSONNEL ACTIONS
(l2)
Council Member Hernandez made a motion, seconded by Council
Member Estrada, and unanimously carried, that the personnel
actions submitted by the Chief Examiner, dated September 3, 9 &
11, 1991, in accordance with all administrative regulations of
the City of San Bernardino, be approved.
RES. 91-397 - RESOLUTION OF THE CITY OF SAN BERNARDINO
IMPOSING AN ADDITIONAL SURCHARGE OF $8.00 FOR THE
RECORDATION OF NUISANCE ABATEMENT LIENS PURSUANT TO AB
3510. (15)
RES. 91-398 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHOR I ZING THE EXECUTION OF A MEMORANDUM OF
UNDERSTANDING WITH ADULT DAY HEALTH CARE CENTER
RELATING TO A NUTRITION FOR SENIORS PROGRAM. (16)
RES. 91-399 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A MEMORANDUM OF
UNDERSTANDING WITH HIGHLAND SENIOR CENTER, HIGHLAND
DISTRICT COUNCIL ON AGING INC. , RELATING TO A
NUTRITION FOR SENIORS PROGRAM. (17)
RES. 91-400 - 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. (18)
RES. 91-401 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO
LEASE WITH THE BOARD OF WATER COMMISSIONERS PERTAINING
TO THE ADDITION OF 2,156 SQUARE FEET OF OFFICE SPACE ON
THE FIFTH FLOOR OF CITY HALL TO THAT ALREADY LEASED BY
THE WATER DEPARTMENT. (20)
RES. 91-402 A RESOLUTION OF THE CITY OF SAN
BERNARDINO APPROVING THE BOARD OF WATER COMMISSIONERS
PROVIDING WATER SERVICE TO PROPERTY LOCATED ON THE
NORTHEAST SIDE OF CAJON BOULEVARD, SOUTHWEST OF THE
A. T. S. F. RAILROAD, SAN BERNARDINO, OUTSIDE THE
CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO. (21)
Council Member Hernandez made a motion, seconded by Council
Member Estrada, that said resolutions be adopted.
Resolution Nos. 91-397, 91-398, 91-399, 91-400, 91-401, and
91-402 were adopted by the following vote: Ayes: Council
Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam,
Miller. Nays: None. Absent: None.
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ORD. MC-805 AN ORDINANCE OF THE CITY OF SAN
BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE
SECTIONS 3.52. 020A AND 3.52. 020F AND ADDING SECTION
3.52.020.G RELATING TO TRANSIENT OCCUPANCY TAX.
Final (22)
ORD. MC-806 AN ORDINANCE OF THE CITY OF
BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL
SECTION 5.04.52 6E RELATING TO BUSINESS LICENSE
Final
SAN
CODE
FEES.
(23)
ORD. MC-807 AN ORDINANCE OF THE CITY OF SAN
BERNARDINO AMENDING CHAPTER 8.30 OF THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO THE ABATEMENT OF PROPERTY
NUISANCES AND STREAMLINING THE ADMINISTRATIVE
PROCEDURES FOR LIENS AND SPECIAL ASSESSMENTS AND
REPEALING CHAPTER 8.33. Final (24)
Council Member Hernandez made a motion, seconded by Council
Member Estrada, that said ordinances be adopted.
Ordinance Nos. MC-805,
the following vote: Ayes:
Hernandez, Maudsley, Minor,
Absent: None.
MC-806, and MC-807 were adopted by
Council Members Estrada, Reilly,
Pope-Ludlam, Miller. Nays: None.
APPROVAL OF TRANSFER $78,000 SEWER LINE
CONSTRUCTION FUND - REPLACEMENT OF SEWER MAIN - "D"
STREET - FROM 7TH STREET TO 9TH STREET (9)
In a memorandum dated August 30, 1991, Roger Hardgrave,
Director of Public Works/City Engineer, stated that the existing
sewer main in "D" Street, from 7th Street to 9th Street, had been
in service many years and had recurring maintenance problems due
to its deteriorated condition. He recommended that funds be
provided to finance the installation of a replacement sewer line,
in order to reduce the potential claims for damages, and the
need for repeated maintenance. The preliminary estimate of cost
for installing a replacement sewer main is $78,000.
Discussion ensued regarding the need to replace aging sewer
mains, and concern was expressed that the City should have a
comprehensive plan to deal with sewer main replacement.
Council Member Hernandez made a motion, seconded by Council
Member Reilly, and unanimously carried, that the transfer of
$78,000 from Account No. 245-365-57731, "Cajon Trunk Extension-
Cable Creek," to Account No. 245-365-57886, "Replacement of Sewer
Main in "D" Street, from 7th Street to 9th Street," be approved.
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JOINT POWERS FINANCING AUTHORITY - REGULAR MEETING (l3)
Mayor Holcomb stated that this item would be taken in
conjunction with the Community Development Commission agenda.
(See page 31)
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF AN AGREEMENT WITH FORECAST CORPORATION
RELATING TO REIMBURSEMENT FOR A PORTION OF THE COST FOR
INSTALLING OVERSIZE STORM DRAIN FOR TRACT NO. 13554.
( 14)
Roger Hardgrave, Director of Public WorkS/City Engineer,
stated that no written agreement provided for the $35,800.83
reimbursement to Forecast Corporation. He explained that
Forecast Corporation had an agreement which provided for $294,000
in storm drainage fees to be reimbursed by the City. At the
time, the Council indicated that an oversize storm drain should
be installed in accordance with the Flood Control District's
hydrology method which increased the size of the line from 57
inches to 63 inches. Forecast believed that the $35,800.83 cost
for an oversized storm drain as required by the Flood Control
design methods would also be reimbursed. However, the $35,800.83
cost was not included in the agreement. Now, Forecast is
requesting reimbursement of the $35,800.83, claiming that it was
verbally understood that this amount would be reimbursed.
The Council expressed concern regarding establishing a
precedent of reimbursing costs without a written agreement.
Council Member Hernandez made a motion, seconded by Council
Member Estrada, and unanimously carried, that said resolution
relating to reimbursement for a portion of the cost for
installing oversize storm drain for Tract No. 13554, be denied.
COUNCIL MEMBERS POPE-LUDLAM AND MILLER EXCUSED
At 11:11 a.m., Council Members Pope-Ludlam and Miller left
the Council meeting.
RES. 91-403 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SOUTHERN
CALIFORNIA EDISON COMPANY RELATING TO THE REPLACEMENT
OF OVERHEAD WITH UNDERGROUND DISTRIBUTION FACILITIES ON
TWENTY-FIRST STREET. (19)
Roger Hardgrave, Director of Public Works/City Engineer,
stated that on August 5, 1991, undergrounding of utilities were
approved for Twenty-First Street. However, there are five or six
street lights on wooden utility poles. When these poles are
removed, the street lights will also be removed. This
resolution provides for the installation of new ornamental
concrete street lights to replace the wooden ones removed. The
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new lights would provide better lighting for the area, but would
not increase the number of lights.
A discussion was held regarding whether assessment district
funds were intended to be used to improve existing utilities.
Concern was expressed that due to the increase in the number of
crimes committed in residential areas that a better use of the
funds would be to increase the number of street lights in
residential areas, and not to modernize existing street lights.
Council Member Reilly made a motion, seconded by Council
Member Estrada, that said resolution be adopted.
Resolution No. 91-403 was adopted
Ayes: Council Members Estrada, Reilly,
Council Member Hernandez. Absent:
Ludlam, Miller.
by the following
Maudsley, Minor.
Council Members
vote:
Nays:
Pope-
COUNCIL MEMBER MILLER RETURNED
At 10:13 a.m., Council Member Miller returned to the Council
meeting and took her place at the council table.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
SUBSECTION D TO SECTION 5.76.510 OF THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO DISPLAY OF EMERGENCY LIGHTS
AND SIREN ON AMBULANCES. (Continued from September 3,
1991) First (25)
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTION 5.76.520 OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO THE PHYSICAL ABILITY OF AMBULANCE DRIVERS
AND ATTENDANTS. (Continued from September 3, 1991)
First (26)
This is the time and place continued to for consideration of
two ordinances relating to ambulance services.
Council Member Estrada made a motion, seconded by Council
Member Hernandez, and unanimously carried, that said ordinances
be tabled.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTION 15.73.060 OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO THE TIME FOR PAYMENT OF THE VERDEMONT AREA
INFRASTRUCTURE FEE. First (27)
Council Member Estrada made a motion,
Member Hernandez, and unanimously carried,
be tabled.
seconded by Council
that said ordinance
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COUNCIL MEMBER POPE-LUDLAM RETURNED
At 10:15 a.m., Council Member Pope-Ludlam returned to the
Council meeting and took her place at the council table.
PUBLIC HEARING - STREET NAME CHANGE - SUNSET DRIVE TO
CLUB CENTER DRIVE - CONTINUED FROM AUGUST 5, 1991 (28)
This is the time and place continued to for a public hearing
to consider a street name change for Club Way, Sunset Drive and
the southwesterly portion of Caroline Street, as requested by
the Sunset Group.
In a memorandum dated August 6, 1991, Roger Hardgrave,
Director of Public Works/City Engineer, stated that a number of
businesses in the area had negatively responded to the proposed
street name change. The Sunset Group, concerned with the
negative response to the proposed change, made a decision to
request only one name change, the change from Sunset Drive to
Club Center Drive, which does not affect any current addresses or
business owners.
Mayor Holcomb opened the hearing.
Roger Hardgrave, Director of Public Works/City Engineer,
explained that the applicant had originally requested that three
street names be changed. However, due to protests voiced, the
applicant revised the application to only change the name of
Sunset Drive to Club Center Drive. A resolution reflecting this
change is included in the backup.
Mr. Hardgrave explained that several property owners on
Caroline Street have requested that the name of Club Center Drive
be continued down Caroline Street. Staff prepared an alternate
resolution for consideration, which would extend the street name
of Club Center Drive around the corner on Caroline Street down to
Hunts Lane.
Council Member Hernandez made a motion, seconded by Council
Member Miller, that said alternate resolution be adopted.
City Clerk Krasney read the title of the alternate
resolution.
The Council expressed concern that by adopting the alternate
resolution there would still be both a north/south street and an
east/west street with the same name.
RES. 91-404 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CHANGING THE NAME OF SUNSET DRIVE AND THE SOUTHERN
PORTION OF CAROLINE STREET (FROM SUNSET DRIVE TO HUNTS
LANE) TO CLUB CENTER DRIVE, WITHIN THE CORPORATE LIMITS
OF THE CITY OF SAN BERNARDINO. (28)
12 9/16/91
Council Member Hernandez made a substitute motion, seconded
by Council Member Miller, that further reading of the resolution
be waived, that the public hearing be closed; and that said
alternate resolution be adopted.
Resolution No. 91-404 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Pope-
Ludlam, Miller. Nays: Council Member Maudsley. Absent: None.
COUNCIL MEMBERS MAUDSLEY AND MINOR EXCUSED
At 10:20 a.m., Council Members Maudsley and Minor left the
Council meeting.
PUBLIC HEARING - RESOLUTION IMPOSING LIENS ON PROPERTY
- UNCOLLECTED BUSINESS LICENSE FEES (29)
This is the time and place set for a public hearing relative
to imposing liens on real property located within the City of San
Bernardino for uncollected business license fees for the renting
or leasing of dwelling units.
In a memorandum dated August 20, 1991, Rachel Krasney, City
Clerk, requested authorization to impose liens on certain parcels
of property for uncollected business license fees.
City Clerk Krasney stated that the resolution should be
amended by deleting the following addresses: 1040 W. Belleview
Street, 820 E. Santa Fe Street, 1708 Davidson Avenue, 2745 W.
Court Street, and 1550 W. 8th Street.
Council Member Hernandez made a motion, seconded by Council
Member Estrada, and unanimously carried, that the resolution be
amended by deleting the following addresses: 1040 W. Belleview
Street, 820 E. Santa Fe Street, 1708 Davidson Avenue, 2745 W.
Court Street, and 1550 W. 8th Street.
Mayor Holcomb opened the public hearing.
Jay Gazzolo, 1450 Sepulveda, San Bernardino, CA, owner of
rental property located at 189 E. 9th Street, San Bernardino, CA,
spoke in opposition to imposing liens for unpaid business
licenses, and stated that it was unfair to require that a single
family business license be paid for a two-year period, when other
business licenses are only required to be paid for a one-year
period.
Mayor Holcomb explained the penal ties imposed for unpaid
business licenses including criminal prosecution, fines, liens,
and the legal inability to collect rent for unlicensed rental
properties.
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9/16/91
Shauna Clark, City Administrator, stated that the single
family rental licenses are established on an alternate year
cycle, so that property owners who have several addresses would
not be required to pay all the licenses at the same time.
Discussion ensued regarding establishing the single family
rental business license as a two-year license instead of a one-
year license.
City Administrator Clark explained that this license fee is
used to fund code enforcement efforts relating to rental
property. She stated that approximately 50% of single family
rental properties in the City are owned by absentee landlords.
Council Member Hernandez
business license for single
Legislative Review Committee.
made a motion that the two-year
family rentals be referred to
The motion died for lack of a second.
COUNCIL MEMBER MAUDSLEY RETURNED
Council Member Maudsley returned to the Council meeting and
took his place at the council table.
A discussion was held regarding referring the item of
family rental business licenses to the Legislative
Committee for discussion.
single
Review
COUNCIL MEMBER MINOR RETURNED
Council Member Minor returned to the Council meeting and
took his place at the council table.
RES. 91-405 - RESOLUTION OF THE CITY OF SAN BERNARDINO
IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY
LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR
UNCOLLECTED BUSINESS LICENSE FEES. (189 E. 9th St.,
561 Santa Fe St., 979 W. Dover Dr., 2495 Duffy St.,
1365 Davidson Ave., 883 Dallas Ave., 2381 Davidson
Ave., 3635 Belle St., 695 W. 34th St., 1042 W. 24th
St., 2894 St. Elmo, 1868 Colorado, 2037 W. 18th St.,
1995 W. 19th St., 1982 Lincoln) (29)
Council Member Hernandez made a motion, seconded by Council
Member Reilly, that the public hearing be closed; and that said
amended resolution be adopted as amended by deleting the
following addresses: 1040 W. Belleview Street, 820 E. Santa Fe
Street, 1708 Davidson Avenue, 2745 W. Court Street, and 1550 W.
8th Street.
14
9/16/91
Ayes:
Nays:
Absent:
Resolution No. 91-405 was adopted by the following vote:
Council Members Estrada, Reilly, Hernandez, Minor, Miller.
None. Abstain: Council Members Maudsley, Pope-Ludlam.
None.
PUBLIC HEARING - ANNEXATION NO. 350 - TERRITORY EAST OF
WATERMAN AVENUE BETWEEN 6TH STREET & 3RD STREET
(LAFCO 2671) (30)
This is the time and
to Annexation No. 350,
generally located east of
3rd Street.
place set for a public hearing relative
for the annexation of the territory
Waterman Avenue, between 6th Street and
In a memorandum dated August 28, 1991, Roger Hardgrave,
Director of Public Works/City Engineer, stated that on April 15,
1991, Resolution No. 91-124 was adopted making formal
application to the Local Agency Formation Committee (LAFCO). On
June 19, 1991, LAFCO adopted a resolution approving the
annexation and authorizing the City to initiate proceedings
relative to the proposed annexation. As part of these
proceedings, the City must conduct a public hearing regarding the
proposed annexation. All property owners owning land within the
proposed territory, and all affected agencies were notified by
mail of the hearing.
Mayor Holcomb opened the public hearing.
Jerry Beall, 24251 E. 4th Street, San Bernardino, CA, spoke
in opposition to the annexation, and submitted a petition to City
Clerk Krasney protesting the annexation.
Mayor Holcomb explained the benefits of annexing into the
City.
Mike Massey, 3753 Ridgeline Drive, San Bernardino, CA, spoke
regarding his property located at 24460 E. 6th Street, voicing
his opposition to the annexation.
RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING
THAT LESS THAN TWENTY-FIVE PERCENT (25%) OF PROTESTS BY
REGISTERED VOTERS AND TWENTY-FIVE PERCENT (25%) OF
PROPERTY OWNERS HAVE BEEN FILED AND ORDERING ANNEXATION
NO. 350 (LAFCO 2671) FOR THE TERRITORY GENERALLY
LOCATED EAST OF WATERMAN AVENUE, BETWEEN 6TH STREET AND
3RD STREET, AND DETACHMENT FROM CSA 38, CSA 38 ZONE G,
CSA 38 ZONE L, CSA 70, CSA 70 ZONE A AND CSA SL-1.(30)
Council Member Hernandez made a motion, seconded by Council
Member Estrada, to close the public hearing.
15
9/16/91
Mayor Holcomb requested that staff calculate the number of
protests received.
Council Member Hernandez withdrew his motion.
Council Member Minor made a motion, seconded by Council
Member Estrada, that the public hearing to receive, consider and
rule upon written protests in the matter of annexation of the
territory generally located east of Waterman Avenue, between 6th
Street and 3rd Street, designated LAFCO 2671, be closed.
The motion carried by the following vote:
Members Estrada, Reilly, Maudsley, Minor, Miller.
Member Hernandez, Pope-Ludlam. Absent: None.
Ayes:
Nays:
Council
Council
Council Member Minor made a motion, seconded by Council
Member Estrada, and unanimously carried, that said resolution
pertaining to annexation of the territory generally located east
of Waterman Avenue, between 6th Street and 3rd Street, designated
LAFCO 2671, be continued to October 7, 1991, in the Council
Chambers of City Hall, 300 North "D" Street San Bernardino,
California.
PUBLIC HEARING -
WATERMAN AVENUE
(LAFCO 2672)
ANNEXATION NO. 352 - TERRITORY EAST OF
BETWEEN 9TH STREET & 6TH STREET
(31)
This is the time and
to Annexation No. 352,
generally located east of
6th Street.
place set for a public hearing relative
for the annexation of the territory
Waterman Avenue, between 9th Street and
In a memorandum dated August 28, 1991, Roger Hardgrave,
Director of Public Works/City Engineer, stated that on April 15,
1991, Resolution No. 91-123 was adopted making formal application
to the Local Agency Formation Committee (LAFCO). On June 19,
1991, LAFCO adopted a resolution approving the annexation and
authorizing the City to initiate proceedings relative to the
proposed annexation. As part of these proceedings, the City must
conduct a public hearing regarding the proposed annexation. All
property owners owning land wi thin the proposed territory, and
all affected agencies were notified by mail of the hearing.
Mayor Holcomb opened the public hearing.
Merle Sessions, Attorney at Law, 323 W. Court Street, San
Bernardino, CA, spoke on behalf of Mr. Steve Marutsos, owner of
Waterman Dismantling, 721 N. Waterman Avenue, San Bernardino,
CA. Mr. Sessions stated that Mr. Marutsos was opposed to the
annexation and had filed a written protest, and requested that
the public hearing be continued for one month.
16
9/16/91
Jodell Murray, owner of Massey Boarding Kennel, 24450 E. 6th
Street, San Bernardino, CA, voiced opposition to the annexation.
Arnold
on behalf
annexation.
Kennedy, 24276 6th Street, San Bernardino, CA, spoke
of his mother, and expressed opposition to the
RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING
THAT PROTESTS BY PROPERTY OWNERS OWNING LESS THAN FIFTY
PERCENT (50%) OF THE ASSESSED VALUE OF THE TERRITORY
PROPOSED TO BE ANNEXED HAVE BEEN FILED AND ORDERING
ANNEXATION NO. 352 (LAFCO 2672) FOR THE TERRITORY
GENERALLY LOCATED EAST OF WATERMAN AVENUE, SOUTH OF
9TH STREET AND NORTH OF 6TH STREET, AND DETACHMENT FROM
CSA 38, CSA 38 ZONE G, CSA 38 ZONE L, CSA 70, CSA 70
ZONE A AND CSA SL-1. (31)
Council Member Pope-Ludlam made a motion, seconded by
Council Member Minor, and unanimously carried, that the public
hearing to receive, consider and rule upon written protests in
the matter of annexation of the territory generally located east
of Waterman Avenue, between 9th Street and 6th Street, designated
LAFCO 2672, be closed.
Council Member Miller made a motion, seconded by Council
Member Reilly, and unanimously carried, that said resolution
pertaining to annexation of the territory generally located east
of Waterman Avenue, between 9th Street and 6th Street, designated
LAFCO 2672, be continued to October 7, 1991, in the Council
Chambers of City Hall, 300 North "D" Street San Bernardino,
California.
AUTHORIZATION TO INITIATE GENERAL PLAN AMENDMENT - CG-
1, COMMERCIAL GENERAL DESIGNATION - SOUTHEAST CORNER OF
DEL ROSA AVENUE & EUREKA AVENUE (32)
In a memorandum dated September 4, 1991, Council Member
Michael Maudsley, stated that the southeast corner of Del Rosa
Avenue and Eureka Avenue is designated CN, Commercial
Neighborhood, and is developed with a mini-strip center that is
primarily vacant. The CG-1, Commercial General designation would
permit a wider range of commercial uses than what is permitted
under the CN, Commercial Neighborhood designation.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Reilly, and unanimously carried, that the Mayor
and Common Council direct the Planning Division to initiate a
General Plan Amendment to consider a CG-l, Commercial General
designation for the southeast corner of Del Rosa Avenue and
Eureka Avenue.
17
9/16/91
CITY HALL OPEN HOUSE - AUTHORIZE FORMATION OF OPEN
HOUSE COMMITTEE - CO-CHAIRED BY COUNCIL MEMBER REILLY
& CITY CLERK KRASNEY (33)
In a memorandum dated September 5, 1991, Rachel Krasney,
City Clerk, requested that the Mayor and Council approve the
City Hall Open House concept as outlined in the staff report
dated September 5, 1991, and authorize the formation of an Open
House Committee to include a representative from each Department.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Maudsley, and unanimously carried, that the Mayor
and Common Council approve holding a City Hall Open House, and
authorize the formation of an Open House Committee, to be co-
chaired by Council Member Reilly and City Clerk Krasney.
RECESS MEETING
At 10:55 a.m., Mayor Holcomb declared a five-minute recess.
RECONVENE MEETING
At 11:03 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 by City Clerk Krasney with the following
being present: Mayor Holcomb; Council Members Estrada, Reilly,
Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant
City Attorney Barlow, City Clerk Krasney. Absent: City
Administrator Clark.
RECESS MEETING - CLOSED SESSION
At 11:04 a.m., the Mayor and
Development Commission recessed
following:
(1 & R-8)
Common Council and Community
to closed session for the
D. to give instruction to the 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: 701 and
767 North "E" Street, San Bernardino, CA.
CLOSED SESSION
At 11:04 a.m., Mayor Holcomb called the closed session to
order in the conference room of the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Krasney with the following
being present: Mayor Holcomb; Council Members Estrada, Reilly,
Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant
City Attorney Barlow, City Clerk Krasney. Absent: City
18
9/16/91
Administrator Clark.
Also present: Timothy Steinhaus,
Economic Development Agency; and Charles
Bond Counsel to the Economic Development
Avenue, Suite #400, Woodland Hills, CA.
Agency Administrator,
Green, Sabo & Green,
Agency, 6320 Canoga
COUNCIL MEMBER HERNANDEZ EXCUSED
At 11:07 a.m., Council Member Hernandez left the closed
session.
ADJOURN CLOSED SESSION
At 11:20 a.m., the closed session adjourned to the regular
meeting of the Mayor and Common Council in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
RECONVENE MEETING
At 11:21 a.m., Mayor Holcomb reconvened the regular meeting
of the Mayor and Common Council of the City of San Bernardino in
the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Krasney with the following
being present: Mayor Holcomb; Council Members Estrada, Reilly,
Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant
City Attorney Barlow, City Clerk Krasney. Absent: City
Administrator Clark.
COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING
At 11:21 a.m., Chairman Holcomb called the regular meeting
of the Community Development Commission to order in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino,
California.
RES. J-15 - RESOLUTION OF THE SAN BERNARDINO JOINT
POWERS FINANCING AUTHORITY, AUTHORIZING THE EXECUTION
OF A LOAN AGREEMENT WITH THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO. (R-4-B)
RES. J-16 RESOLUTION OF THE SAN BERNARDINO JOINT
POWERS FINANCING AUTHORITY, AUTHORIZING THE EXECUTION
OF A LOAN AGREEMENT WITH THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO. (R-4-C)
Mayor Holcomb expressed concern that the terms of the loan
presented no incentive for the borrower to obtain a commercial
loan, and suggested alternative terms for the loan.
Ken Henderson, Executive Director, Economic Development
Agency/Development Department, explained that the loan had been
privately placed; however, when the Bank of America acquired
19
9/16/91
Security Pacific a moratorium on new acquisitions was imposed,
which is customary when one company acquires another. In
attempting to bring this project to fruition as quickly as
possible, staff met with the Galstian Family Trust and
recommended this loan agreement. In the event that the Galstian
Family Trust were able to secure outside financing, the agreement
contains an acceleration clause that would require the Galstian
Trust to payoff the Agency.
Council Member Reilly made a motion, seconded by Council
Member Pope-Ludlam, that said resolutions be adopted.
Resolution Nos. J-15 and J-16 were adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Hernandez,
Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent:
None.
PATTON PARK PROPERTY - DISCUSS & TAKE POSSIBLE ACTION
- COUNCIL MEMBER MILLER (S-2)
Council Member Miller stated that a number of phone calls
had been received expressing concern relating to the Patton Park
property. She explained that a general plan amendment and public
hearing would be required if an attempt was made to sell any part
of the park land. She stated that west of Sierra Way there are
approximately 28 parks, and that east of Sierra Way there are
approximately 14 parks. She stated that according to the General
Plan, based on current population, the City currently has a
deficit in excess of 350 acres of park land, and that even if all
of Patton Park were developed into park land, a deficit would
still remain. She explained that there are currently three large
parks: perris Hill Park, Seccombe Lake Park and Patton Park.
She stated that perris Hill Park contains less than 25 acres in
green space, Seccombe Lake Park contains only 42 acres of green
space, which leaves Patton Park as the only possibility for a
large regional park of 50 acres or more for the future.
Mayor Holcomb explained that the City was seeking only to
enable the sale of part of the land; however, he stated that he
did not want to sell the land and expressed concern regarding
building a park on valuable commercial land.
There was no action taken on this item.
RECESS MEETING
At 12:21 p.m., Council Member Reilly made a motion, seconded
by Council Member Estrada, that the regular meeting of the Mayor
and Common Council recess to a luncheon workshop in the
Management Information Center (MIC) Room, Sixth Floor, City Hall,
300 North "D" Street, San Bernardino, California, for discussion
relating to the preparation of bond documents for the sale and
refinancing of City Hall.
20
9/16/91
The motion carried by the following vote: Ayes:
Members Estrada, Reilly, Hernandez, Minor, Pope-Ludlam.
Council Members Maudsley, Miller. Absent: None.
Council
Nays:
RECONVENE MEETING - LUNCHEON WORKSHOP
At 12:44 p.m., the regular meeting of the Mayor and Common
Council reconvened in the Management Information Center, (MIC)
Room, Sixth Floor, City Hall, 300 North "D" Street, San
Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Krasney with the following
being present: Mayor Holcomb; Council Members Estrada, Reilly,
Maudsley, Minor, Miller; Senior Assistant City Attorney Barlow,
City Clerk Krasney, City Administrator Clark. Absent: Council
Members Hernandez, Pope-Ludlam; City Attorney Penman.
Also present: Timothy Steinhaus, Agency Administrator,
Economic Development Agency; Andrew Green, Director of Finance;
Fred Wilson, Assistant City Administrator; Timothy Sabo, Sabo &
Green, Bond Counsel to the Economic Development Agency, 6320
Canoga Avenue, Suite #400, Woodland Hills, CA; Jim Iverson, Bond
Consul tant to the Economic Development Agency, Miller &
Schroeder, 505 Lomas Santa Fe Drive, Solano Beach, CA.
TAX ALLOCATION REFUNDING BONDS, 1991 SERIES A - CENTRAL
CITY PROJECTS (R-6-A & C)
In a memorandum dated September 12, 1991, Timothy Steinhaus,
Agency Administrator, Economic Development Agency, stated that
the City and Redevelopment Agency of the City of San Bernardino,
and the San Bernardino Joint Powers Financing Authority are
seeking approval for the San Bernardino Joint Financing
Authority to issue $27,930,000 in San Bernardino Joint Powers
Financing Authority, Tax Allocation Refunding Bonds, 1991 Series
A, (Central City Merged Project).
COUNCIL MEMBER MILLER EXCUSED
At 1:41 p.m., Council Member Miller left the Council
meeting.
It is proposed that the Bonds will be issued to enable the
San Bernardino Joint Powers Financing Authority to make a loan to
the Redevelopment Agency to be used to refund in advance the
$21,000,000 Redevelopment Agency of the City of San Bernardino,
Central City Redevelopment Project, Tax Allocation Refunding
Bonds, Issue of 1985 (the "1985 Refunded Bonds"); and, in part,
to fund the Redevelopment Agency's Low and Moderate Income
Housing Fund relating to the Central City Merged Redevelopment
Project Area.
21
9/16/91
COUNCIL MEMBER ESTRADA EXCUSED
At 1:53 p.m., Council Member Estrada left the Council
meeting.
Due to the lack of a quorum, the Council, acting as a
committee, discussed the tax allocation refunding bonds, 1991
Series A, Central City projects.
Jim Iverson, Bond Consultant to the Economic Development
Agency, Miller & Schroeder, 505 Lomas Santa Fe Drive, Solano
Beach, CA, distributed a handout entitled "Alternatives for
Refunding Bonds for Central City" which presented details on the
five options available:
1)
2)
3)
4)
5)
no refunding, no new money;
refunding only ($22,000,000 refunding issues);,
refunding and new money as one issue of $28,000,000
($5.2 million = net new money);
refunding and new money as subordinate issue ($4.8
million = net new money); and
refunding and new money as subordinate taxable issue
($4.0 million = net new money).
Discussion ensued regarding the advantages and disadvantages
inherent in each proposed option.
There was no action taken on this item during this luncheon
workshop.
PREPARATION - BOND DOCUMENTS - SALE & REFINANCING OF
CITY HALL (R-7-A, B & C)
Timothy Steinhaus, Agency Administrator, Economic
Development Agency, distributed a handout entitled "City Hall
Lease, 25-year amortization" which presented details on the
following: Sources and Uses, Debt Service Schedule, Yield
Statistics, and Sinking Fund Payments.
Timothy Sabo, Sabo & Green, Bond Counsel to the Economic
Development Agency, 6320 Canoga Avenue, Suite #400, Woodland
Hills, CA, made a presentation on the details, advantages and
disadvantages of the proposed City Hall refinancing plan.
Mayor Holcomb recommended that the discussion relating to
the preparation of bond documents for the sale and refinancing of
the City Hall building, be continued to October 7, 1991, in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
RECESS MEETING
At 1:54 p.m., the luncheon workshop recessed to the regular
meeting of the Mayor and Common Council of the City of San
22
9/16/91
Bernardino, in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
RECONVENE MEETING
At 2:05 p.m., Mayor Holcomb called the regular meeting of
the Mayor and Common Council to order in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Krasney with the following
being present: Mayor Holcomb; Council Members Reilly, Hernandez,
Maudsley, Minor, Pope-Ludlam; City Attorney Penman, City Clerk
Krasney. Absent: Council Members Estrada, Miller; City
Administrator Clark.
APPEAL - APPROVAL OF TENTATIVE TRACT NO. 14352 - TO
SUBDIVIDE 24.3 ACRES INTO SINGLE FAMILY LOTS (34)
This is the time and place set for an appeal of the
Planning Commission's approval of Tentative Tract No. 14352, to
subdivide 24.3 acres into sixty-nine single-family lots in an
area designated by the General Plan as RL, Residential Low. The
appeal filed by William R. Kruger requests that the Mayor and
Common Council reevaluate the road alignment of the tentative
tract, located at the northeast corner of Palm Avenue and
Verdemont Drive, to resolve a potential impact with his property.
In a memorandum dated September 5, 1991, Larry Reed,
Assistant Director, Planning and Building Services, stated that
on August 6, 1991, the Planning Commission held a public hearing
on Tentative Tract No. 14352.
At the public
Surveying, Bonadiman
project.
hearing, Joseph Mapalo,
& Associates, spoke in
Vice President,
support of the
William Kruger, appellant, 6920 Palm Avenue, San Bernardino,
CA, spoke in opposition to the tentative tract. Mr. Kruger
expressed concern that Huntington Drive as proposed, would allow
headlights to shine into his house, that the increased traffic
may be in conflict with his existing driveway, and that a more
logical design would be to realign the roadway to the south to
reduce the conflict. Mr. Howell Estes and Mr. Robert Reynolds,
property owners in the area of the tentative tract, also voiced
opposition to the tentative tract.
On August 15, 1991, an appeal of the Planning Commission's
decision of approval of the tentative tract was received from
William Kruger. The basis for the appeal was that with a minor
road alignment, future area-wide circulation could be enhanced
and would not impact his property. Also included with the appeal
was a possible reconfiguration, which results in a net loss of
23
9/16/91
one lot, while potentially increasing the lot size of four other
lots.
COUNCIL MEMBER MILLER RETURNED
At 2:07 p.m., Council Member Miller returned to the Council
meeting and took her place at the council table.
Mayor Holcomb opened the hearing.
Al Boughey, Director, Planning and Building Services,
explained that two issues have developed since the posting of the
agenda: 1) that the City Attorney's office questioned whether
the tract, as currently proposed, was consistent with the General
Plan; and 2) that he was in receipt of a letter dated September
13, 1991, from Charlyn Archuleta, Project Coordinator, Monnig
Development, 501 N. Placentia Avenue, Fullerton, CA, requesting
that the City impose a condition on Tentative Tract No. 14352 to
require "proportionate fair share" reimbursement for construction
costs for the Verdemont storm drain. Staff has requested that
the Director of Public Works review the letter from Monnig
Development and make a recommendation as to the basis for a fair
share agreement. Mr. Boughey requested that discussion be
continued for thirty days to allow staff time to research these
two issues.
COUNCIL MEMBER ESTRADA RETURNED
At 2:09 p.m., Council Member Estrada returned to the Council
meeting and took her place at the council table.
Mr. Joseph Mapalo, Vice President, Surveying, Bonadiman &
Associates, 250 South Lena Road, San Bernardino, CA, rejected the
redesign, and distributed a handout which presented photographs
and details which he felt refuted the reasons for Mr. Kruger's
appeal.
William Kruger, 6920 Palm Avenue, San Bernardino, CA,
explained the reasons why he is opposed to the tentative tract.
Council Member Minor made a motion, seconded by Council
Member Hernandez, that the appeal for the approval of Tentative
Tract No. 14352 be continued to October 21, 1991.
A discussion was held
Planning staff for review of
the tentative tract.
regarding referring this item to
the options relating to redesign of
Council Member Minor made a substitute motion, seconded by
Council Member Estrada, and unanimously carried, that the appeal
of the approval of Tentative Tract No. 14352 be referred to
Planning staff to resolve the questions relating to conforming
with the General Plan; to review the options relating to
redesign of the tentative tract; to resolve the question of
24
9/16/91
imposing a condition on Tentative Tract No. 14352 to require
"proportionate fair share" reimbursement for construction costs
for the Verdemont storm drain; and that the appeal be continued
to October 21, 1991, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
APPEAL - DENIAL OF VARIANCE NO. 91-05 - ERECTION OF 728
SQUARE FEET POLE SIGN - STATE COLLEGE BUSINESS PARK
(35)
This is the time and place set for an appeal of the
Planning Commission's denial of Variance No. 91-05, requesting
approval to permit the erection of a 728 square foot, 110 foot
high, two-sided pole sign in the State College Business Park.
The appeal was filed by Quiel Bros.
In a memorandum dated September 3, 1991, Larry Reed,
Assistant Director, Planning and Building Services, stated that
on August 6, 1991, the Planning Commission held a public hearing
on Variance No. 91-05. During the public hearing three
individuals spoke in support of the variance, and one individual
spoke in opposition to the proposed pole sign. The applicants'
request is to permit the erection of a sign that will provide
identification for future fast food restaurants, gas stations,
and other services related to land uses.
Mayor Holcomb opened the hearing.
Charles Schultz, Reid & Hellyer, 599 North Arrowhead Avenue,
San Bernardino, CA, distributed a handout presenting details on
the business park, and stated that he was representing Pro
Western Development, the applicant for the variance, and Quiel
Bros., who designed the sign and filed the appeal. He stated
that several individuals were in attendance today in support of
the variance. He explained that the developers plan to attract
businesses to the business park, and that there would be less
total signage by allowing this pole sign than having a sign
located at each individual business.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Miller, to grant the appeal.
The motion carried by the following vote: Ayes:
Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam,
Nays: Council Member Hernandez. Absent: None.
Council
Miller.
Discussion ensued regarding the
proposed sign, and that the sign would
feet below the freeway grade.
City Attorney Penman recommended that Condition of Approval
#6, on Attachment C, included in the staff report be deleted.
height and size of the
be approximately 25 to 30
25
9/16/91
Council Member Miller made a substitute motion, seconded by
Council Member Pope-Ludlam, that the hearing be closed; and that
the Mayor and Common Council uphold the appeal and approve
Variance No. 91-05 subject to attached Findings of Facts as
listed in Attachment B, and Conditions of Approval as listed in
Attachment C, with the provision that Condition of Approval #6 be
deleted.
The motion carried by the following vote: Ayes: Council
Members Estrada, Reilly, Mauds1ey, Minor, Pope-Ludlam, Miller.
Nays: Council Member Hernandez. Absent: None.
RES. 91-406 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT AND AUTHORIZING THE EXECUTION OF DEVELOPMENT
AGREEMENT NO. 90-01. (36)
Council Member Estrada made a motion, seconded by Council
Member Pope-Ludlam, that said resolution be adopted.
Resolution No. 91-406 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley,
Minor, Pope-Ludlam, Miller. Nays: None. Absent: None.
COUNCIL MEMBER REILLY EXCUSED
Council Member Reilly left the Council meeting.
ORD. MC-808 AN ORDINANCE OF THE CITY OF SAN
BERNARDINO AMENDING SECTION 19.06.020, TABLE 06.01-
COMMERCIAL AND INDUSTRIAL DISTRICTS LIST OF PERMITTED
USES, OF THE SAN BERNARDINO MUNICIPAL CODE (TITLE 19-
THE DEVELOPMENT CODE) RELATING TO ALLOWING EDUCATIONAL
SERVICES IN THE CO-I, CO-2, IL AND IH LAND USE
DESIGNATIONS/ZONES WITH A CONDITIONAL USE PERMIT.
Final (37)
Council Member Minor made a motion, seconded by Council
Member Maudsley, that said ordinance be adopted.
Ordinance MC-808 was adopted by the following vote: Ayes:
Council Members Estrada, Hernandez, Maudsley, Minor, Pope-Ludlam,
Miller. Nays: None. Absent: Council Member Reilly.
26
9/16/91
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTION 19.02.050, 19.06.020 (TABLE 06.01), 19.06.030
(TABLE 06.03), 19.06.030 (2), 5.82.020 AND 5.82.030 OF
THE SAN BERNARDINO MUNICIPAL CODE ALLOWING FOR THE
DEVELOPMENT OF SINGLE ROOM OCCUPANCY (SRO) FACILITIES
IN THE CG-2 AND CR-2 LAND USE DISTRICTS SUBJECT TO
CONDITIONAL USE PERMIT AND BUSINESS PERMIT REVIEW AND
APPROVAL; ESTABLISHING SPECIFIC STANDARDS FOR SRO
FACILITIES; AND, LIMITING THE MAXIMUM NUMBER OF SRO
UNITS BROUGHT INTO SERVICE WITHIN SAN BERNARDINO TO 500
OCCUPANTS. First (S-5)
COUNCIL MEMBER REILLY RETURNED
Council Member Reilly returned to the Council meeting and
took his place at the council table.
A discussion was held regarding the enforcement of the
provisions contained in the Management Plan providing rules and
regulations for the operation of SRO's.
In a memorandum dated September 12, 1991, City Attorney
Penman, explained that the proposed ordinance contained
restrictive standards that SRO facilities must conform to,
including the management plan requirement. These rigid standards
are necessary to avoid difficulties similar to those the City of
San Diego had encountered with SRO's.
City Attorney Penman recommended that Version A be adopted.
He stated that the proposed management plan was excellent,
however, he felt that the courts would find it too intrusive and
recommended that the management plan be a part of the overall
requirements through a conditional use permit (C.U.P.), but not
contained in the ordinance which contains criminal penalties for
violation. Mr. Penman stated that having the management plan
mandated by the conditional use permit would make the management
plan enforceable through Code Enforcement.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Minor, that further reading of the ordinance be
waived, that said ordinance Version A be laid over for final
adoption; and that the negative declaration be adopted.
Discussion ensued regarding opposition to locating SRO
facilities on main streets in the downtown area, limiting the
maximum number of units, and a potential conflict in the
downtown area as attempts are made to enhance the downtown area.
The motion carried by the following vote: Ayes:
Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam.
Council Members Estrada, Miller. Absent: None.
Council
Nays:
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9/16/91
MAYOR HOLCOMB EXCUSED
At 3:03 p.m., Mayor Holcomb left the Council meeting and
Council Member Estrada assumed the duties of Mayor Pro Tem.
CITY ADMINISTRATOR CLARK RETURNED
At 3:03 p.m., City Administrator Clark returned to the
Council meeting.
UTILITY PAYMENT & POSTAL SERVICE CENTER - REPORT ON
EVALUATION OF FACILITIES & OPERATIONS (S-4)
In a memorandum dated September 12, 1991, Annie Ramos,
Director, Parks, Recreation & Community Services, stated that the
operation of the Utility Payment and Postal Service Center was
transferred from the Treasurer's Office to Parks, Recreation &
Community Services in February, 1991. During the ensuing months,
security and procedures have been evaluated. In May and June,
1991, the Finance Department performed an audit of the Payment
Center to review current procedures for operations, control of
funds, and security.
The conclusions of the Finance Department's Audit concurred
with concerns expressed by the administrative staff of Parks,
Recreation and Community Services. Concern was expressed for the
security of employees, as the Center is not properly staffed to
allow continuous, effective and efficient service to the
customers without reducing effectiveness in other administrative
areas; and was depicted for the lack of a secure facility.
Because of the security inadequacies, and the need for an
additional cashier, there are two alternatives: that funds be
appropriated to upgrade the security, and hire another cashier,
or that operation of the Center be discontinued.
Ms. Ramos answered questions relative to the Utility Payment
and Postal Service Center.
City Administrator Clark stated that another alternative
would be for the City to contract with another utility payment
center or check cashing facility to pay the per utility stub cost
for residents to pay their utility bills at another location.
She estimated that the cost for such a contract would be
approximately $19,000, less than either option proposed in the
staff report and still retaining the service for wests ide
residents.
A discussion was held regarding the security services
employed to guard the building by the Economic Development
Agency/Redevelopment Agency.
Carl Clemmons, 1940 Baseline, San Bernardino, CA, presented
a petition containing approximately 900 signatures in support of
keeping the center open.
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9/16/91
Harry Jacks, 1694 W. Virginia Street, San Bernardino, CA,
expressed his support for keeping the center open.
Juanita Scott, 1734 Virginia Street, San Bernardino, CA,
recommended that Economic Development Agency/Redevelopment Agency
monies be used to upgrade security at the facility as the
landlord, and that the employee costs could potentially be less
than outlined if the employee was not being paid at the top of
the salary scale.
Discussion ensued regarding the options available to
continue operating the center.
City Administrator Clark explained that in order to keep the
center open, it is necessary to identify the source of funds
that would be used.
A discussion was held whether it would be possible to fund
the second cashier position from Redevelopment funds.
Council Member Estrada made a motion, seconded by Council
Member Reilly, and unanimously carried, to instruct the Economic
Development Agency/Redevelopment Agency staff to evaluate and
make a recommendation with a cost analysis on means and methods
to upgrade the physical security of the building and possible
hiring of a security guard; to instruct the Parks, Recreation and
Community Services staff to evaluate and make a recommendation
with cost analysis on the maximum number of hours a second
cashier was needed to provide optimum levels of service; and to
continue the operations at the Utility Payment and Postal Service
Center, and continue the discussion relating to the evaluation of
facilities and operations until October 7, 1991, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino,
California.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
CHAPTER 14.10 TO THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO AMBULANCE PERMITS. First (S-l)
City
ordinance
continued
Attorney Penman requested that discussion on the
adding Chapter 14.10 relating to ambulance permits be
to October 7, 1991.
Council Member Miller made a motion, seconded by Council
Member Reilly, and unanimously carried, that said ordinance
adding Chapter 14.10 relating to ambulance permits be continued
to October 7, 1991, the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California.
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9/16/91
RES. 91-407 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A LETTER OF ACCEPTANCE
WITH GTE CALIFORNIA, INC. , RELATING TO THE
UNDERGROUNDING OF UTILITIES ON TWENTY-FIRST STREET,
FROM CRESTVIEW TO SAN GABRIEL AVENUE. (S-3)
Council Member Reilly made a motion, seconded by Council
Member Estrada, that said resolution be adopted.
Resolution
Ayes: Council
Ludlam, Miller.
No. 91-407 was adopted by the following
Members Estrada, Reilly, Maudsley, Minor,
Nays: Council Member Hernandez. Absent:
vote:
Pope-
None.
RES. 91-408 - RESOLUTION OF THE CITY OF SAN BERNARDINO
RATIFYING AGREEMENTS WITH CREATIVE COMMUNICATIONS
ASSOCIATES, INC., RE: FEASIBILITY STUDY AND FUND-
RAISING FOR INLAND EMPIRE TELEVISION NEWS SERVICE.
(S-6)
Council Member Miller made a motion, seconded by Council
Member Reilly, that said resolution be adopted.
Resolution
Ayes: Council
Miller. Nays:
Member Hernandez.
No. 91-408 was adopted by
Members Estrada, Reilly,
Council Member Maudsley.
Absent: None.
the following vote:
Minor, Pope-Ludlam,
Abstain: Council
RES. J-17 - RESOLUTION OF THE SAN BERNARDINO JOINT
POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF
NOT TO EXCEED $28,000,000 SAN BERNARDINO JOINT POWERS
FINANCING AUTHORITY TAX ALLOCATION REFUNDING BONDS,
1991 SERIES A (CENTRAL CITY MERGED PROJECT), APPROVING
THE FORM OF LEGAL DOCUMENTS RELATED THERETO AND
AUTHORIZING AND DIRECTING PREPARATION, EXECUTION AND
DELIVERY OF THE FINAL FORMS THEREOF. (Discussed earlier
in the meeting, see page 21) (R-6-A)
RES. 91-409 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE ISSUANCE OF NOT TO EXCEED $28,000,000 SAN
BERNARDINO JOINT POWERS AUTHORITY TAX ALLOCATION
REFUNDING BONDS, 1991 SERIES A (CENTRAL CITY MERGED
PROJECT) AND THE BORROWING BY THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO OF THE PROCEEDS
THEREFROM PURSUANT TO THAT CERTAIN LOAN AGREEMENT.
(Discussed earlier in the meeting, see page 21)
(R-6-C)
Discussion ensued regarding debt service relating to the tax
allocation refunding bonds.
30
9/16/91
Council Member Hernandez made a motion, seconded by Council
Member Pope-Ludlam, that motions A, and C be approved solely as
refunding senior lien tax allocation bonds in an amount not to
exceed the principal amount of $23,000,000 and a subordinate lien
new money tax allocation bond issue in a not to exceed principal
amount of $5,800,000 with the subordinate lien bond documents to
be submitted to the Commission for final approval.
The motion carried by the following vote: Ayes: Council
Members Estrada, Reilly, Hernandez, Minor, Pope-Ludlam, Miller.
Nays: Council Member Maudsley. Absent: None.
Council Member Hernandez made a motion, seconded by Council
Member Pope-Ludlam, that said resolutions be adopted.
Resolution
following vote:
Hernandez, Minor,
Maudsley. Absent:
Nos. J-17 and 91-409 were adopted by the
Ayes: Council Members Estrada, Reilly,
Pope-Ludlam, Miller. Nays: Council Member
None.
JOINT POWERS FINANCING AUTHORITY - REGULAR MEETING (13)
Council Member Pope-Ludlam made
Council Member Miller, and unanimously
meeting of the Joint Powers Financing
October 2l, 1991.
a motion, seconded by
carried, that the regular
Authority be adjourned to
COUNCIL MEMBER HERNANDEZ EXCUSED
Council Member Hernandez left the council meeting.
RECESS MEETING - CLOSED SESSION (1 & R-8)
At 4:19 p.m., the Mayor and Common Council and Community
Development Commission recessed to closed session for the
following:
D. to give instruction to the 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: 701 and
767 North "E" Street, San Bernardino, California.
CLOSED SESSION
At 4: 19 p.m., Mayor Holcomb called the closed session to
order in the conference room of the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Krasney with the following
being present: Mayor Holcomb; Council Members Estrada, Reilly,
Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City
Clerk Krasney. Absent: Council Member Hernandez, City
Administrator Clark.
31
9/16/91
Also present:
Timothy Steinhaus,
Agency.
Senior Assistant City Attorney Barlow; and
Agency Administrator, Economic Development
ADJOURN CLOSED SESSION
At 4:28 p.m., the closed session adjourned to the regular
meeting of the Mayor and Common Council in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
RECONVENE MEETING
At 4:25 p.m., Mayor Holcomb reconvened the regular meeting
of the Mayor and Common Council of the City of San Bernardino in
the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Krasney with the following
being present: Mayor Holcomb; Council Members Estrada, Reilly,
Maudsley, Minor, Pope-Ludlam, Miller. City Attorney Penman, City
Clerk Krasney, City Administrator Clark. Absent: Council Member
Hernandez.
ADJOURNMENT. (38)
At 4:28 p.m., Mayor Holcomb adjourned the regular meeting of
the Mayor and Common Council, to Monday, October 7, 1991, in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
RACHEL KRASNEY
City Clerk
By &;.ifafi<> ~:0
Melanie Vale
Deputy City Clerk
No. of Items: 48
No. of Hours: 7.25
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