HomeMy WebLinkAbout10-07-1991 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
REGULAR MEETING
OCTOBER 7, 1991
COUNCIL CHAMBERS
The regular meeting of the Mayor and Common Council of the
City of San Bernardino was called to order at 8:35 a.m., Monday,
October 7, 1991, in the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Krasney with the following
being present: Mayor Holcomb; Council Members Estrada, Maudsley
Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk
Krasney, City Administrator Clark. Absent: Council Members
Reilly, Hernandez.
RECESS MEETING
At 8:35 a.m., the Mayor and
Development Commission recessed
following:
(1)
Common Council and Community
to closed session for the
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:
"E" Street. north of Hiahland Avenue ;
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 attorney regarding pending
li tigation pursuant to Government Code Section
54956.9(b)(1), as there is significant exposure to
litigation;
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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 Companv. et al vs. Citv of San
Bernardino. et al - San Bernardino Superior Court Case No.
242998; San Bernardino Superior Court Case No. 252058;
Sock Dawson. et al vs. Citv of San Bernardino. et al-
United States District Court Case No. SA 88-461 AHS (RWRx);
City of Redlands vs. Inland Valley Develo~ment Agencv. et al
- San Bernardino Superior Court Case No. 255222;
County vs. City of San Bernardino (RDA) - 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. City 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;
Randall vs. Citv of San Bernardino - San Bernardino Superior
Court Case No. 250472;
Citv of San Bernardino vs. San Bernardino Steel San
Bernardino Superior Court Case No. 261904;
City of San Bernardino vs. Dykes/Ram~ello - San Bernardino
Superior Court Case No. 254883;
Crain vs. Citv of San Bernardino - San Bernardino Superior
Court Case No. 229990;
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Meridian Park Investments vs. Citv of San Bernardino-
United States District Court - Case No. 91-3993-JSL (JRx);
San Bernardino Hotel/Motel Association vs. Citv of San
Bernardino - San Bernardino Superior Court Case No. 264661;
City of San Bernardino vs. Frank L. Arellanes. et al - San
Bernardino Superior Court Case No. 264052;
City of San Bernardino vs. Liberty Cable T.V.. et al-
United States District Court Case No. 82-6876 WMB;
Scott vs. City of San Bernardino - San Bernardino Superior
Court Case No. 251582;
Mills. et al vs. City of San Bernardino - Fourth District
Court of Appeals - Case No. E009756;
Brenda Anderson vs. City of San Bernardino - San Bernardino
Superior Court Case No. 243039.
CLOSED SESSION
At 8: 35 a. m., Mayor Holcomb called the closed session to
order in the conference room of the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken with the following being present: Mayor
Holcomb; Council Members Estrada, Maudsley, Minor, Pope-Ludlam,
Miller; City Attorney Penman, City Clerk Krasney, City
Administrator Clark. Absent: Council Members Reilly,
Hernandez.
Also present: J. Lorraine Velarde, Executive Assistant to
the Mayor; Robert Simmons, Deputy City Attorney; Margaret
Scroggin, Administrative Operations Supervisor, City Attorney's
Office; Richard Morillo, Sr. Assistant City Attorney.
COUNCIL MEMBER HERNANDEZ ARRIVED
At 8:37 a.m., Council Member Hernandez arrived at the closed
session.
DEPUTY CITY ATTORNEY SIMMONS EXCUSED
Deputy City Attorney Simmons left the closed session.
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.
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ADJOURN CLOSED SESSION
At 9:07 a.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 9:29 a.m., Mayor Holcomb reconvened the regular meeting
of the Mayor and Common Council in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken with the following being present: Mayor
Holcomb; Council Members Reilly, Maudsley, Minor, Miller; City
Attorney Penman, City Clerk Krasney, City Administrator Clark.
Absent: Council Members Estrada, Hernandez, Pope-Ludlam.
INVOCATION
Invocation was giyen by Rev. Gene Fenton, Trinity Lutheran
Church.
COUNCIL MEMBERS ESTRADA, HERNANDEZ, POPE-LUDLAM RETURNED
Council Members Estrada, Hernandez, and Pope-Ludlam returned
to the Council meeting and took their places at the council
table.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Miller.
ANNOUNCEMENT BY COUNCIL MEMBER MAUDSLEY - 40TH
CORRIDOR STUDY KICK-OFF CELEBRATION
STREET
(2)
Council Member Maudsley
celebration will be held Friday,
the 40th Street Corridor study.
announced
October 11,
that a kick-off
1991 in support of
ANNOUNCEMENT BY COUNCIL MEMBER MAUDSLEY - PROPOSAL FOR
ARDEN/GUTHRIE REHABILITATION - JIM LYNAS (2)
Council Member Maudsley summarized for the record a letter
received from Jim Lynas, 1160 E. Sonora Street, San Bernardino,
CA, regarding management of the rehabilitated Arden/Guthrie
apartments. A copy of the letter was distributed to the Council.
PROCLAMATION - OCTOBER 19 THROUGH 27, 1991 - RED RIBBON
WEEK - SAN BERNARDINO COMMUNITY AGAINST DRUGS, INC.(4)
J. Lorraine Velarde, Executive Assistant to the Mayor, read
a proclamation declaring the week of October 19 through 27, 1991,
as Red Ribbon Week in the City of San Bernardino.
Jeri Simpson, President, San Bernardino Community Against
Drugs, Inc., accepted the proclamation.
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Mrs. Simpson presented the Mayor with a red ribbon, button
and bumper sticker in support of Red Ribbon Week.
PRESENTATION - NEW MEXICAN CONSUL - LICENDIADA COLUMBA
MARISELA CALVO (4)
Thelma Press, Executive Director, Cultural & International
Affairs, introduced Licendiada Columba Marisela Calvo as the
newly-appointed Mexican Consul for the San Bernardino Consulate.
Ms. Calvo was appointed by the United States of Mexico-Secretary
of Foreign Affairs to replace Manuel Calderon, who was reassigned
to the Consulate Office in Mexico City.
PRESENTATION
SCOTT NEW DORFF
1991 MARCH OF DIMES MARATHON AWARD-
(4)
Scott Newdorff, Public Relations Director, for the Signa-Phi
Fraternity, presented the 1991 March of Dimes Marathon award to
the Mayor on behalf of the City for participating in the 1991
March of Dimes Marathon.
Mayor Holcomb accepted the award on behalf of the City.
COMMENDATION SAN BERNARDINO HOUSING
ORGANIZATION - NEIGHBORHOOD PRIDE DAY
SERVICES
(4)
J. Lorraine Velarde, Executive Assistant to the Mayor,
introduced Mr. Michael Ponce, Director of Neighborhood Housing
Services. Mr. Ponce explained the accomplishments of the 250
volunteers who assisted with the painting of ten senior
citizens' homes located along 10th Street in the City of San
Bernardino.
Certificates of commendation were presented to each group
involved in the neighborhood pride day painting project.
PRESENTATION - SCHOLARSHIP CERTIFICATES - NANCY FOGASSY
AND TOM CAIN - RISK MANAGEMENT DEPARTMENT (4)
J. Lorraine Velarde, Executive Assistant to the Mayor, and
Victor Lorch, Director of Risk Management, presented scholarship
certificates from the Workers' Compensation Claim Association of
Southern California and Risk Insurance Management Society to
Nancy Fogassy, Workers' Compensation Specialist and Tom Cain,
Liability Claims Specialist, for their achievements in completing
courses specialized in their respective fields.
Nancy Fogassy and Tom Cain accepted the scholarship
certificates.
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10/7/91
ANNOUNCEMENT - LIBRARY CENTENNIAL YEAR - BOB EWING (2)
Bob Ewing, City Librarian, requested the Mayor and Council
to express a few words about their favorite book during the next
few council meetings. The purpose of this request is to acquaint
the public with the type of reading material the Mayor and
Council reads in an effort to encourage residents in the
community who are not readers to read more frequently.
Mayor Holcomb described the book entitled "Men To Match My
Mountains" by Irving Stone.
APPOINTMENT - MOBILE HOME RENT BOARD - MARY JANE JONES
(4)
In a memorandum dated September 18, 1991, Mayor Holcomb
requested the appointment of Mary Jane Jones, 370 W. 17th
Street, San Bernardino, CA, as a neutral member, to the
Mobilehome Rent Board.
Council Member Minor made a motion, seconded by Council
Member Miller, and unanimously carried, that the appointment of
Mary Jane Jones, as a neutral member, to the Mobilehome Rent
Board be approved.
APPOINTMENT - POLICE COMMISSION - IRA S. BRACKEN (4)
In a memorandum dated October 1, 1991, Mayor Holcomb
recommended the appointment of Ira S. Bracken, 222 Rancho Avenue,
Sp. 28, San Bernardino, CA, to the Police Commission, as
requested by Council Member Hernandez, Third Ward.
Mr. Ira Bracken was present to receive the Certificate of
Appointment.
Council Member Minor made a motion, seconded by Council
Member Miller, and unanimously carried, that the appointment of
Ira S. Bracken to the Police Commission, be approved.
APPOINTMENT - SENIOR AFFAIRS COMMISSION - RACHEL M.
HUMILDAD (4)
In a memorandum dated September 30, 1991, Mayor Holcomb
recommended the appointment of Rachel M. Humildad, 834 South "K"
Street, San Bernardino, CA, to the Senior Affairs Commission, as
requested by Council Member Hernandez, Third Ward.
Mrs. Rachel Humildad received a Certificate of Appointment.
Council Member Minor made a motion, seconded by Council
Member Miller, and unanimously carried, that the appointment of
Rachel M. Humildad to the Senior Affairs Commission, be approved.
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APPOINTMENT - PLANNING COMMISSION - GEORGE P. ROMERO
(4)
In a memorandum dated October 1, 1991, Mayor Holcomb
recommended the appointment of George P. Romero, 3484 N. Parkside
Drive, San Bernardino, CA, to the Planning Commission, as
requested by Council Member Miller, Seventh Ward.
Council Member Minor made a motion, seconded by Council
Member Miller, and unanimously carried, that the appointment of
George P. Romero to the Planning Commission, be approved.
APPOINTMENT - COMMUNITY DEVELOPMENT CITIZENS ADVISORY
COMMITTEE - MRS. WILLIE M. BRUE (S-5)
In a memorandum dated October 3, 1991, Mayor Holcomb
recommended the appointment of Mrs. Willie M. Brue, 1063 S.
Lincoln Avenue, San Bernardino, CA, to the Community Development
Citizens Advisory Committee, as requested by Council Member
Hernandez, Third Ward.
Council Member Minor made a motion, seconded by Council
Member Miller, and unanimously carried, that the appointment of
Mrs. Willie M. Brue, to the Community Development Citizens
Advisory Committee, be approved.
PUBLIC COMMENTS - BOB NEVES
(3)
Bob Neves, a resident of the City, commented on the
distances that handicapped persons must travel in order to
address the Council and receive commendations from the Mayor.
Mr. Neves requested that the City authorize the Mayor to
attend a demonstration, in Washington D.C., April 11, 1992,
organized by Mayors of various cities and counties protesting the
Federal Government's trend of delegating their responsibility and
support to City governments.
PUBLIC COMMENTS - JOHN H. JONES
(3)
John H. Jones, 455 Caroline Street, San Bernardino, CA,
requested confirmation that all City public officials and
employees have taken the Oath of Affirmation. He further
requested to obtain a copy of the Oath of Affirmation for each of
the public officials in the City.
Mayor Holcomb replied that each and every elected official
in the City of San Bernardino has taken an Oath of Affirmation
verbally at the time they are sworn into office.
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WAIVE READING OF RESOLUTIONS AND ORDINANCES
(5)
Council Member Minor made a motion, seconded by Council
Member Miller, and unanimously carried, that further reading of
all resolutions and ordinances on the regular, supplemental and
Community Development Commission agendas be waived.
COUNCIL MINUTES - JULY 15, 1991
(6)
Council Member Minor made a motion, seconded by Council
Member Miller, and unanimously carried, that the minutes of the
Mayor and Common Council of the City of San Bernardino dated July
15, 1991, be approved as submitted in typewritten form.
SET PUBLIC MEETING - DEVELOPMENT FEE - CONSTRUCTION OF
BOX CULVERT AT PALM AVENUE TO CABLE CREEK CHANNEL,
INSTALLATION OF TRAFFIC SIGNALS AT PALM AVENUE AND
KENDALL DRIVE (9)
In a memorandum dated September 10, 1991, Roger G.
Hardgrave, Director of Public Works/City Engineer, requested that
a public meeting be set for October 21, 1991 to consider
establishing a development fee of $0. 02/square foot to finance
fifty percent of the cost for construction of a box culvert at
Palm Avenue at Cable Creek Channel and installation of traffic
signals at the intersection of Kendall Drive and Palm Avenue.
Mr. Hardgrave stated in his memorandum that Assessment
District No. 987 was modified to finance half of the costs for
the construction of the box culvert and traffic signals with the
remaining costs to be financed with a loan from the Economic
Development Agency. Establishment of a development fee would
provide a revenue source to repay the Economic Development Agency
loan.
Council Member Minor made a motion, seconded by Council
Member Miller, and unanimously carried, that a public meeting be
set for the regularly scheduled Council meeting of October 21,
1991, to consider the establishment of a development fee of
$0.02/sq. ft. to finance 50% of the cost to construct a box
culvert on Palm Avenue to Cable Creek Channel, and traffic
signals at Palm Avenue and Kendall Drive.
VACATION OF A PAPER STREET - SOUTH OF HIGHLAND AVENUE,
WEST OF VALARIA DRIVE, NORTHEASTERLY OF THE 30 FREEWAY
(13)
In a memorandum dated September 12, 1991, Roger G.
Hardgraye, Director of Public Works/City Engineer, stated that a
request was received from Virgil Franks to vacate a short north/
south "paper street" lying south of Highland Avenue, west of
Valaria Drive and northeasterly of the 30 Freeway. This street
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10/7/91
is delineated on maps but is not and has never been an actual
street. The petitioner has requested that the City vacate this
paper street as it is used for a dumping ground and gives
undesirable access to the homes.
Council Member Minor made a motion, seconded by Council
Member Miller, and unanimously carried, that the Director of
Public Works/City Engineer and the City Clerk be authorized to
proceed with the proposed vacation of the north/south "paper
street" located south of Highland Avenue, west of Val aria and
northeasterly of the 30 Freeway.
Council Member Minor made a motion, seconded by Council
Member Miller, and unanimously carried, that Plan No. 8574,
showing the proposed vacation of the north/south "paper street"
lying south of Highland Avenue, west of Valaria and northeasterly
of the 30 Freeway, be approved.
CLAIMS AND PAYROLL
(16)
Council Member Minor made a motion, seconded by Council
Member Miller, and unanimously carried, that the claims and
payroll, and the authorization to issue warrants as listed on the
memorandum dated September 26, 1991, from the Director of
Finance, be approved.
PERSONNEL ACTIONS
(17)
Council Member Minor made a motion, seconded by Council
Member Miller, and unanimously carried, that the personnel
actions submitted by the Chief Examiner, dated September 17,
1991, in accordance with all administrative regulations of the
City of San Bernardino, be approved.
RES. 91-410 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE
DESTRUCTION OF CERTAIN CITY RECORDS. (18)
RES. 91-411 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION NO. 91-223 ENTITLED, IN PART,
"RESOLUTION . . . PROVIDING NOTICE OF THE TIMES, DATES
AND PLACES OF REGULAR MEETINGS OF THE VARIOUS BOARDS,
COMMISSIONS AND COMMITTEES ", RELATING TO THE
TIME, DATE AND PLACE WHERE THE FINE ARTS COMMISSION
SHALL MEET. (21)
RES. 91-412 - RESOLUTION OF THE CITY OF SAN
AUTHORIZING THE EXECUTION OF AN AGREEMENT
PLUS (HAMILTON AND ASSOCIATES)
MANAGEMENT/CONFIDENTIAL COMPENSATION STUDY.
BERNARDINO
WITH COMP
FOR A
(22)
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10/7/91
Council Member Minor made a motion, seconded by Council
Member Miller, and unanimously carried, that the Mayor and Common
Council authorize the selection of Comp Plus for a management/
confidential study.
RES. 91-413 - 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. (23)
RES. 91-414 - RESOLUTION OF THE CITY OF SAN BERNARDINO
DECLARING ITS INTENTION TO ORDER THE VACATION OF THE
NORTH/SOUTH ALLEY BETWEEN 42ND STREET AND 44TH STREET,
EAST OF SIERRA WAY, AND RESERVING AN EASEMENT FOR
SANITARY SEWER AND APPURTENANT FACILITIES AND EASEMENTS
FOR PUBLIC UTILITIES THEREIN. (25)
RES. 91-415 - A RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO GRANTING AN
EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY TO
CONSTRUCT AND MAINTAIN ELECTRIC SERVICE AT THE WATER
DEPARTMENT'S FOOTHILL BOOSTING STATION. (26)
RES. 91-416 - A RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO GRANTING AN
EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY TO
CONSTRUCT AND MAINTAIN ELECTRIC SERVICE AT THE WATER
DEPARTMENT'S RIDGELINE RESERVOIR TO SERVE A
HYDROPNEUMATIC BOOSTING STATION. (27)
Council Member Minor made a motion, seconded by Council
Member Miller, that said resolutions be adopted.
Resolution Nos. 91-410, 91-411, 91-412, 91-413, 91-414, 91-
415, and 91-416 were adopted by the following vote: Ayes:
Council Members Estrada, Reilly, Hernandez, Maudsley, Minor,
Pope-Ludlam, Miller. Nays: None. Absent: None.
ORD. MC-809 - 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. Final (28)
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10/7/91
SET PUBLIC
PREPARATION
OF-WAY
MEETING ESTABLISHMENT OF A
OF AN EASEMENT FORM - DEDICATION
$200 FEE-
OF RIGHTS-
(10)
In a memorandum dated September 11, 1991, Roger G.
Hardgrave, Director of Public Works/City Engineer, requested that
a public meeting be set for October 21, 1991, to consider the
establishment of a $200 fee for preparation of an easement form
for dedication of rights-of-way as requested by developers or
property owners.
Council Member Minor made a motion, seconded by Council
Member Maudsley, and unanimously carried, that a public meeting
be set for the regularly scheduled Council meeting of October 21,
1991, to consider the proposed establishment of a $200 fee for
preparation of an easement form for dedication of rights-of-way.
ESTABLISHMENT OF SALARIES POLICE DEPARTMENT - P-1, P-2
P-3, LAW ENFORCEMENT TRAINEE (ll)
In a memorandum dated September 19, 1991, Barbara Dillon,
Director of Personnel, stated that City staff has reached
agreement with police management on the ten cities whose salaries
would be averaged to determine this year's P-1, (Police Officer);
P-2 (Detective/Training Officer); P-3, (Sergeant) salaries for
the Police Department. The Law Enforcement Trainee's salary
would be increased by 80% of the Police Officer (P-I) Step A
salary.
Discussion ensued regarding the authority for which the Law
Enforcement Trainee's salary was determined.
Council Member Estrada made a motion, seconded by Council
Member Pope-Ludlam, to continue this item until the afternoon
session for more information regarding how the Law Enforcement
Trainee's salary was determined.
Council Member Minor made a substitute motion, seconded by
Council Member Miller, that the salaries for Police Department
Ranges P-1 (Police Officer), P-2 (Detective/Training Officer), P_
3 (Sergeant) and Law Enforcement Trainee be established,
effective August I, 1991, as outlined in the attached staff
report; and that the Personnel Department prepare an amendment to
Resolution No. 6429 and 6413, Section 13.
The substitute motion carried by the following vote: Ayes:
Council Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam,
Miller. Nays: None. Abstain: Council Member Hernandez.
Absent: None.
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10/7/91
Council Member Minor made a motion, seconded by Council
Member Miller, that said ordinance be adopted.
Ordinance No. MC-809 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley,
Minor, Pope-Ludlam, Miller. Nays: None. Absent: None.
SET PUBLIC MEETING - ESTABLISHMENT OF A $500.00 FEE FOR
STREET NAME CHANGES (7)
In a memorandum dated September 11, 1991, Roger G.
Hardgrave, Director Public Works/City Engineer, requested that a
public hearing be set for October 21, 1991 at 10:00 a.m., to
consider the establishment of a $500.00 fee to offset the cost
for street name change proceedings.
Council Member Minor made a motion, seconded by Council
Member Maudsley, and unanimously carried, that a public meeting
be set for the regularly scheduled Council meeting of October 21,
1991, to consider the establishment of a fee of $500 for street
name changes.
SET PUBLIC MEETING - ESTABLISHMENT OF A $1,000 FEE FOR
STREET VACATIONS (8)
In a memorandum dated September 10, 1991, Roger G.
Hardgrave, Director of Public Works/City Engineer, requested that
a public meeting be set for October 21, 1991 at 10:00 a.m., to
consider the establishment of a $1,000 fee for street vacation
proceedings. He stated that $750 is currently collected from
persons requesting that proceedings be initiated to vacate all,
or a portion of an easement for street and highway purposes. It
is recommended that the $750 fee be increased to $1,000 in order
to reflect the actual costs incurred for these proceedings.
Discussion ensued regarding whether or not it would be to
the City's best interest to conduct a public hearing when only a
few street vacation requests are anticipated.
City Administrator Clark explained that in the past, the
process for approving street vacations was done administratively
without the approval of the Council.
Council Member Minor made a motion, seconded by Council
Member Maudsley, and unanimously carried, that a public meeting
be set for the regularly scheduled Council meeting of October 21,
1991, to consider the proposed establishment of a fee in the
amount of $1000 for vacation proceedings pursuant to the 1941
Street Vacation Act.
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10/7/91
ESTABLISHMENT OF SALARIES FOR POLICE
RANGES P-4, P-5, P-6 AND P-7
DEPARTMENT-
(12)
In a memorandum dated September 19, 1991, Barbara Dillon,
Director of Personnel, stated that City staff has reached
agreement with police management on the ten cities whose salaries
would be averaged to determine this year's P-4 (Police
Lieutenant), P-5 (Police Captain), P-6 (Assistant Chief of
Police), and P-7 (Chief of Police) salaries for the Police
Department.
Discussion ensued regarding the selection process to
determine the average salaries for Police and Fire Departments.
City Attorney Penman answered questions and stated that he
would prepare a legal opinion explaining why different cities
are selected for the Police and Fire Departments.
The Council discussed whether or not
include the fringe benefit costs with
salary package.
the City has options to
the proposed increase
Council Member Minor made a motion, seconded by Council
Member Miller, that the salaries for Police Department Ranges P_
4 (Police Lieutenant), P-5 (Police Captain), P-6 (Asst. Chief of
Police) and P-7 (Chief of Police) be established as outlined in
the staff report, effective August 1, 1991; and that the
Personnel Department prepare an amendment to Resolution No.
6429.
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.
CONSTRUCTION OF SOUNDWALL - ROUTE 330 (SOUTH SIDE) FROM
PACIFIC STREET TO EAST OF SEINE AVENUE (14)
In a memorandum dated September 11, 1991, Roger G.
Hardgrave, Director of Public Works /Ci ty Engineer, stated that
residents along the south side of Route 330, from Pacific Street
to east of Seine Avenue, requested that a soundwall be
constructed to mitigate the impact of the freeway on their
properties. The preliminary estimate cost for constructing the
concrete block soundwa1l is $63,000.
City Engineer Hardgrave explained that Measure "I" funds are
available and could be used to finance the cost for installation
of this wall.
Discussion ensued regarding whether or not
priorities list has been established utilizing Measure
a project
II I II funds.
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10/7/91
Council Member Minor made a motion, seconded by Council
Member Miller, and unanimously carried, that the request to
transfer funds in the amount of $63,000 from the Unappropriated
Reserve Account for construction of a soundwall be referred to
the City Administrator to prepare a list of recommended projects
to be considered for inclusion in the 1991-92 Measure "I" budget.
PRELIMINARY ENGINEERING DESIGN SERVICES -
ORANGE SHOW ROAD, FROM ARROWHEAD AVENUE
AVENUE -AUTHORIZE TRANSFER OF FUNDS
EXTENSION OF
TO WATERMAN
(15)
In a memorandum dated September 18, 1991, Roger G.
Hardgrave, Director of Public Works/City Engineer, recommended
that $200,000 be appropriated from the Unappropriated Reserves of
the 129 Account (Measure "I" Local Agency Funds) to begin the
estimated three-year design process of extending the Orange Show
Road easterly from Arrowhead Avenue to complete a major east/west
arterial between Route 1-215 and Route 30 Freeways.
Mayor Holcomb announced that the City will present a request
to the Inland Valley Development Agency (IVDA) to participate
with funding a portion of the Orange Show Road extension project.
City Engineer Hardgrave answered questions regarding the
anticipated completion dates for this project.
Council Member Miller made a motion, seconded by Council
Member Pope-Ludlam, and unanimously carried, that the transfer of
$200,000 from Account No. 129-000-30405, "Unappropriated
Reserve," to Account No. 129-309-57845, "Orange Show Road,
Arrowhead Avenue to Waterman Avenue," be approved.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF A FIRST AMENDMENT TO THE AGREEMENT BY
AND BETWEEN THE CITY OF SAN BERNARDINO AND METRO
DISPLAY ADVERTISING, INC., DOING BUSINESS AS BUS TOP
SHELTERS OF CALIFORNIA, INC., RELATING TO THE PROVISION
OF AN ADDITIONAL 10 SHELTERS IN LOCATIONS THROUGHOUT
THE CITY. (19)
City Administrator Clark requested that said resolution be
continued to allow completion of the agreement.
Council Member Estrada made a motion, seconded by Council
Member Reilly, and unanimously carried, that the resolution
authorizing execution of a first amendment with Metro Display
Advertising, Inc., Bustop Shelters be continued to October 21,
1991, in the Council Chambers of City Hall, 300 North "D" Street,
San Bernardino, California.
14
10/7/91
RES. 91-417 RESOLUTION OF
COUNCIL OF THE CITY OF SAN
STANDARD AGREEMENT RELATING
JUNIOR POLICE ACADEMY.
THE MAYOR AND COMMON
BERNARDINO APPROVING A
TO PARTICIPANTS IN THE
(20)
It was pointed out that there are no provisions in the
agreement that assures the City that when a student attains the
age of twenty-one he/she would continue to participate in the
Junior Police Academy program.
Discussion ensued regarding the Junior Policy Academy magnet
program being extended to other schools throughout the City.
The Council discussed the incentives provided in the
agreement designed to encourage students to continue with the
program. It was pointed out that the student would receive
$1,000 from the City, if he/she becomes employed by the San
Bernardino Police Department as a sworn officer prior to his/
her twenty-fifth birthday.
Council Member Estrada made a motion, seconded by Council
Member Miller, that said resolution be adopted.
Resolution No. 91-417 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Maudsley, Miller. Nays:
Council Members Minor, Pope-Ludlam. Abstain: Council Member
Hernandez. Absent: None.
RES. 91-418 - RESOLUTION OF THE CITY OF SAN BERNARDINO
DETERMINING THAT A MAJORITY OF PROTESTS BY REGISTERED
VOTERS HAVE BEEN FILED AND TERMINATING PROCEEDINGS FOR
ANNEXATION NO. 350 (LAFCO 2671) FOR THE TERRITORY
GENERALLY LOCATED EAST OF WATERMAN AVENUE, BETWEEN 6TH
STREET AND 3RD STREET. (24)
Council Member Estrada made a motion, seconded by Council
Member Minor, that said resolution be adopted.
Resolution No. 91-418 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley,
Minor, Pope-Ludlam, Miller. Nays: None. Absent: None.
RESOLUTION OF THE CITY OF SAN BERNARDINO 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. (Continued from September 16, 1991) (29)
15
10/7/91
Merle Sessions, Attorney, 323 W. Court Street, San
Bernardino, CA, representing property owners protesting the
proposed annexation, presented additional protests to the Mayor
and Council. Mr. Sessions stated that over 90% protests have
been filed. He requested that the Mayor and Council reopen the
hearing and allow further testimony as these property owners do
not want to become a part of the City.
Mayor Holcomb stated that although residents and property
owners living in the proposed annexation area are not part of
the City , they are receiving City services without paying for
it.
Discussion ensued regarding the legalities of receiving the
additional protests after the public hearing was closed at the
~eptember 16, 1991 Council meeting.
It was pointed out that the area proposed for annexation is
within the limits of the Norton Redevelopment Project Area. A
member of the Council suggested that this matter be continued to
review the effects that the Norton Redevelopment Project Area may
have on the proposed annexation.
Council Member Minor made a motion, seconded by Council
Member Pope-Ludlam, and unanimously carried, that adoption of the
proposed resolution ordering the annexation of the territory
located east of Waterman Avenue, south of 9th Street and north of
6th Street be continued to October 21, 1991 in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino,
California.
COUNCIL MEMBER MILLER EXCUSED
Council Member Miller left the council meeting.
REPORT ON STAFFING AND COSTS TO MAINTAIN OPERATIONS-
WESTS IDE COMMUNITY UTILITY PAYMENT AND POSTAL SERVICE
CENTER - CONTINUED FROM SEPTEMBER 16, 1991 (30)
This is the time and place continued to for a report on
staffing and costs for maintaining operations at the Westside
Community Utility Payment and Postal Service Center.
In a memorandum dated September 26, 1991, Annie Ramos,
Director of Parks, Recreation and Community Services, reported
that staff has developed a plan by which the staffing needs of
the Utility Payment and Postal Service Center (UPPSC) can be met.
It has been determined that the Cashier I position can be
transferred back to the UPPSC with the position and funding being
transferred from the Finance Department to the Parks, Recreation
and Community Services Department. In return, the Parks,
Recreation and Community Services Department would provide
clerical assistance to the Treasurer's Office during peak work
16
10/7/91
periods throughout the year to make up for the loss of their
Cashier.
City Administrator Clark stated that a temporary solution
has been worked out whereby a person from the Finance Department
would be transferred back to the Utility Collection Center, and
that the City would apply for funds from the Economic Development
Agency to provide security measures at the Center.
City Administrator Clark,
consider closing the Westside
Postal Service Center due to the
however, urged the Council to
Community Utility Payment and
City's financial constraints.
Discussion ensued regarding the reasons for the reduction in
the level of service occurring at the Utility Payment and Postal
Service Center.
Mayor Holcomb agreed, stating that the City is still
undergoing a serious financial crisis and reported that the City
may have to make additional cuts in services, increase taxes or
do both.
Mayor Holcomb stated that the Center does not have the
ability to provide adequate protection in the event of an armed
robbery.
Council Member Estrada made a motion, seconded by Council
Member Reilly, that staffing recommendations for the continued
operation of the Utility Payment and Postal Service Center, be
approved.
Council Member Estrada made a motion, seconded by Council
Member Reilly, that the transfer of one Cashier I position from
the Finance Department to the Parks, Recreation and Community
Services Department, be approved.
The motions carried by the following vote: Ayes: Council
Members Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam. Nays:
Council Member Minor. Absent: Council Member Miller.
Carl Clemons, a resident of the City, expressed concern that
the public should be allowed to make comments prior to the
Council taking action. Mr. Clemons thanked the Council for taking
action to allow the Center to remain open.
COUNCIL MEMBER MILLER RETURNED
Council Member Miller returned to the Council meeting and
took her place at the council table.
17
10/7/91
USE OF FISCALINI FIELD - NON-BASEBALL ACTIVITY - SPIRIT
BASEBALL CLUB (31)
In a memorandum dated September 26, 1991, Annie Ramos,
Director of Parks, Recreation and Community Services, stated that
the Spirit organization has requested the use of Fiscalini Field
for a non-baseball event on November 24, 1991 from 11:00 a.m. to
8:00 p.m. The event will feature a concert by the music group
"Kansas" which is promoted by Paul Sanders. The Spirit
organization has agreed to bear all costs for non-baseball
events, including utilities and shall pay the City five-percent
of the gross receipts received.
Paul Sanders, Promoter for the music group "Kansas",
requested approval to use Fiscalini Field for a classic rock
music concert on November 24, 1991.
Mr. Sanders
taken to help
concert.
answered questions regarding precautions he has
alleviate sound problems resulting from the
Council Member Miller made a motion, seconded by Council
Member Pope-Ludlam, and unanimously carried, that the Spirit
Baseball Club's request for use of Fiscalini Field on November
24, 1991, for a concert by the music group "Kansas", be approved
as a one-time event.
COUNCIL MEMBER HERNANDEZ EXCUSED
Council Member Hernandez left the Council meeting.
WAIVER OF FEES IN THE
PERSONNEL AND EQUIPMENT
PARADE - OCTOBER 11, 1991
AMOUNT OF $12l. 77 POLICE
COSTS - AQUINAS' HOMECOMING
(32)
In a letter dated September 26, 1991, Lisa Kelly, Associated
Student Body Moderator, Aquinas High School, 2772 Sterling
Avenue, San Bernardino, CA, requested a waiver of fees in the
amount of $121.77 for use of Police personnel and equipment costs
to assist with Aquinas' Homecoming Parade on October 11, 1991.
In a memorandum dated September 23, 1991, Police Chief Dan
Robbins outlined the costs for use of Police personnel and
equipment associated with the Aquinas' Homecoming Parade.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Miller, that $121.77 in fees for Police personnel
and equipment to assist with the Aquinas' Homecoming Parade,
October 11, 1991, be waived.
The motion carried by the following vote: Ayes:
Members Estrada, Reilly, Maudsley, Pope-Ludlam, Miller.
Council Member Minor. Absent: Council Member Hernandez.
Council
Nays:
18
10/7/91
COUNCIL MEMBER HERNANDEZ RETURNED
Council Member Hernandez returned to the Council meeting and
took his place at the council table.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council meeting.
1990/91 CONTINUING APPROPRIATION AND
CARRYOVERS
ENCUMBRANCE
(33)
In a memorandum dated September 27, 1991, Andrew Green,
Director of Finance, provided lists of the 1990/91 continuing
appropriations and encumbrances for inclusion in the 1991/92
budget. He stated that these carryover items represent open
purchase orders, equipment items, capital items and other items
for which the City is obligated.
City Administrator Clark stated that the items listed in
the staff report were approved in last year's budget.
Council Member Minor made a motion, seconded by Council
Member Estrada, and unanimously carried, that the listing of
proposed 1990/91 Continuing Appropriation and Encumbrance
carryovers as submitted by the Director of Finance, be approved.
COUNCIL MEMBER POPE-LUDLAM RETURNED
Council Member Pope-Ludlam returned to the Council meeting
and took her place at the council table.
PUBLIC HEARING
RECYCLING PLAN AND
AB 939
SOLID WASTE SOURCE
HOUSEHOLD HAZARDOUS
REDUCTION AND
WASTE ELEMENT-
(AS-I)
This is the time and place set for a public hearing on the
Solid Waste Source Reduction and Recycling Plan and Household
Hazardous Waste Element required by AB 939.
In a memorandum dated October 2, 1991, Manuel Moreno, Jr.,
Director of Public Services, stated that the Solid Waste Source
Reduction and Recycling Plan, and the Household Hazardous Waste
Element, are required by every city and county in the State of
California under Assembly Bill 939. The final draft of the plan
must be filed with the State and the County by January 1, 1992.
A second hearing to receive comments and adopt the final plan
has been scheduled for December 2, 1991.
Mayor Holcomb opened the hearing.
Manuel Moreno, Jr., Public Services Director, read the staff
report.
There were no public comments.
19
10/7/91
Council Member Miller made a motion, seconded by Council
Member Hernandez, that the public hearing be continued to
December 2, 1991.
Kevin Barnes, Refuse Superintendent, answered questions
regarding the notification process for the second public hearing
scheduled for December 2, 1991.
Council Member Miller made a substitute motion, seconded by
Council Member Minor, and unanimously carried, that the public
hearing be closed.
Note: A second public hearing will be held December 2, 1991
at 10:00 a.m., to consider adoption of the Final Plan and
Element, as required by AB 939.
ORD. MC-810 - AN URGENCY ORDINANCE OF THE CITY OF SAN
BERNARDINO ADDING SECTION 19.62.020(8) TO THE SAN
BERNARDINO MUNICIPAL CODE AUTHORIZING THE DIRECTOR OF
PLANNING AND BUILDING SERVICES TO PERMIT THE
REOCCUPANCY OF CERTAIN NONCONFORMING STRUCTURES AND
DECLARING THE URGENCY THEREOF. Uraency (5-4)
A member of the Council suggested that said ordinance be
referred to the Legislative Review Committee for further review.
It was pointed out that the urgency ordinance had been
reviewed by the Legislative Review Committee and was recommended
for Council approval.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Reilly, that said urgency ordinance be adopted.
Bob Mc Neil, Intercon Development, stated that due to the
OIP (Office Industrial Park) designations imposed by the
Development Code, many buildings cannot conform to the stringent
setback requirements. The building located on the corner of
Waterman Avenue and Mill Street has a 147 foot wall that has a 15
to 16 feet setback. The City has determined that the building
does not meet the setback requirements and have issued a stop
work order preventing further improvements to the building.
Mr. Mc Neil expressed concern that all properties within the
OIP designation be required to have individual review by the
Director of Planning/Building Services to determine on a case by
case basis if the building can be reoccupied.
Discussion ensued
Services Director having
non-conforming building.
regarding the Planning and Building
authority to approve reoccupancy of a
20
10/7/91
City Attorney Penman explained that the proposed ordinance
applies only to height, setback requirements, lot coverage and
landscape requirements. The time frame for which the Director of
Planning and Building Services can permit the reoccupancy of a
building is limited.
A discussion ensued regarding language being incorporated
into the proposed ordinance that requires the Planning and
Building Services Department to notify surrounding property
owners living within 500 feet of the project, when reoccupancy of
a non-conforming structure would be permitted.
Al Boughey, Director of Planning and Building Services,
answered questions regarding how the existing project located at
the northwest corner of Waterman and Mill Street was allowed to
proceed without obtaining the proper permits.
Ordinance MC-810 was adopted by the following
Council Members Estrada, Reilly, Maudsley, Minor,
Miller. Nays: Council Member Hernandez. Absent:
vote: Ayes:
Pope-Ludlam,
None.
RECESS MEETING
At 11:51 a.m., Mayor Holcomb declared a five-minute recess.
RECONVENE MEETING
At 11:59 a.m., Mayor Holcomb reconvened the regular meeting
of the Mayor and Common Council in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken with the following being present: Mayor
Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley,
Minor, Miller; Deputy City Attorney Empeno, City Clerk Krasney,
City Administrator Clark. Absent: Council Member Pope-Ludlam.
ANNOUNCEMENT BY MAYOR - NEW ~ REPORTER
(2)
Mayor Holcomb introduced Luis Monteagudo, Jr., as the new
Sun Reporter who replaced Cassie McDuff.
COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING
At l2:00 p.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.
REJECTION OF BIDS INSTALLATION OF SEWERS IN PICO
STREET AND ALLEY - AUTHORIZATION TO RE-ADVERTISE FOR
BIDS - PLAN NO. 8431 (R-3)
In a memorandum dated September 18, 1991, Roger G.
Hardgrave, Director of Public Works/City Engineer, stated that on
21
10/7/91
September 10,1991, at 2:00 p.m., bids for this project were
opened. Only one bid was received. After rev~ew, it was
determined that this was not a valid bid in that it did not
contain the required bidder's bond. Staff recommended that the
single, non-valid bid be rejected and that authorization be
granted to re-advertise.
Council Member Minor made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the bid received
for installation of sewers in Pico Street, between King Street
and alley south of Second Street, and in alley from Pico Street
to a point 295 feet to the west, in accordance with Plan Number
8431, be rejected; and that the Director of Public Works/City
Engineer be authorized to re-advertise for bids.
RES. 91-419 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF
UNDERTAKING CERTAIN PUBLIC IMPROVEMENTS FOR THE
SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA.
(R-6A)
RES. 91-420 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO
THE STATE COLLEGE REDEVELOPMENT PROJECT AREA OF
UNDERTAKING CERTAIN PUBLIC RIGHT-OF-WAY LANDSCAPING
IMPROVEMENTS WITHIN BUILDING SET BACK AREAS. (R-7B)
RES. 91-421 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT
TO THE STATE COLLEGE REDEVELOPMENT PROJECT AREA BY
UNDERTAKING PUBLIC RIGHT-OF-WAY LANDSCAPING
IMPROVEMENTS ADJACENT TO GOVERNMENT-OWNED PROPERTIES.
(R-7D)
RES. 91-422 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF
UNDERTAKING CERTAIN PUBLIC IMPROVEMENTS FOR THE TRI-
CITY REDEVELOPMENT PROJECT AREA (WATERMAN AVENUE OFF-
RAMP IMPROVEMENTS). (R-9B)
Council Member Minor made a motion, seconded by Council
Member Hernandez, that said resolutions be adopted.
Resolution Nos. 91-419, 91-420,
adopted by the following vote: Ayes:
Reilly, Hernandez, Maudsley, Minor,
Absent: Council Member Pope-Ludlam.
91-421,
Council
Miller.
and 91-422 were
Members Estrada,
Nays: None.
22
10/7/91
RES. 91-423 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO ACKNOWLEDGING THE
PAYMENTS TO BE MADE BY THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO IN CONNECTION WITH THE ISSUANCE
OF TAX ALLOCATION NOTES BY THE SAN BERNARDINO
COLTON/LOMA LINDA JOINT POWERS FINANCING AUTHORITY IN
CONNECTION WITH THE IMPLEMENTATION OF THE REDEVELOPMENT
PLAN FOR THE INLAND VALLEY DEVELOPMENT PROJECT AND
MAKING CERTAIN FINDINGS AND ACKNOWLEDGING THEIR
GUARANTY WITH RESPECT THERETO. (R-I0C)
Ken Henderson, Executive Director,
answered questions regarding use of
personnel and equipment to assist IVDA.
Development Department,
Development Department
Ken Henderson explained that this joint powers authority was
created to include the cities of Colton and Loma Linda since they
are guaranteeing their pro rata share of the IVDA sphere of
influence.
Council Member Miller made a motion, seconded by Council
Member Estrada, that said resolution be adopted.
Resolution No. 91-423 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Miller.
Nays: Council Member Hernandez. Absent: Council Member Pope-
Ludlam.
COUNCIL MEMBER POPE-LUDLAM RETURNED
Council Member Pope-Ludlam returned to the Council meeting
and took her place at the council table.
RES. 91-424 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE ISSUANCE OF NOT TO EXCEED $5,800,000 SAN
BERNARDINO JOINT POWERS FINANCING AUTHORITY,
SUBORDINATED TAX ALLOCATION BONDS, 1991, SERIES B
(CENTRAL CITY MERGED PROJECT) AND THE BORROWING BY THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO OF
THE PROCEEDS THEREFROM PURSUANT TO A CERTAIN LOAN
AGREEMENT. (R-11A)
Council Member Reilly made a motion, seconded by Council
Member Miller, that said resolution be adopted.
Resolution No. 91-424 was adopted by the following
Ayes: Council Members Estrada, Reilly, Hernandez, Minor,
Ludlam, Miller. Nays: Council Members Maudsley. Absent:
vote:
Pope-
None.
23
10/7/91
RES. J-18 - RESOLUTION OF THE SAN BERNARDINO JOINT
POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF
NOT TO EXCEED $5,800,000 SAN BERNARDINO JOINT POWERS
FINANCING AUTHORITY, SUBORDINATED TAX ALLOCATION BONDS,
1991 SERIES B (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. (R-IIC)
Tim Sabo of Sabo & Green, Agency Counsel for Economic
Development Agency, explained prior action taken by the Council/
Commission regarding the financing strategies for the Central
City Merged Project.
Council Member Reilly made a motion, seconded by Council
Member Miller, that said resolution be adopted.
Resolution No. J-18 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Pope-
Ludlam, Miller. Nays: Council Member Maudsley. Absent: None.
SPECIAL WEED ABATEMENT PROGRAM
(R-12)
In a memorandum dated September 27, 1991, Kenneth J.
Henderson, Executive Director, Development Department, stated
that the Special Weed Abatement Program would augment the
current weed abatement program conducted by the Public Services
Department during December and June each year. The scope of this
program encompasses approximately 4,000 parcels located
throughout the Ci ty. It is proposed that the Economic
Development Agency pay the City-retained contractor for his
abatement work, and the Agency would then be reimbursed through
direct payments and lien process.
Manuel Moreno, Jr., Director of Public Services, explained
that the special weed abatement program would focus on the major
arteries utilizing personnel from the weekend work sentence
program.
Mayor Holcomb assured the Council that personnel from the
work-sentence program would no longer be utilized in the
abatement of privately-owned parcels. Mayor Holcomb urged
private property owners to clean up their properties within the
time specified in the notice to avoid abatement costs imposed by
the City.
The Director of Public Services answered questions regarding
the County's Waste Energy Program and the status of the City's
recycling plan.
24
10/7/91
Mayor Holcomb stated that more information will be made
available regarding the City's recycling plan at future council
meetings.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Reilly, and unanimously carried, that the Mayor
and Common Council authorize the appropriation of Collateralized
Mortgage Obligation (CMO) residual funds in an amount not to
exceed $50,000 for the purpose of financing a special weed
abatement program, and increase the Department budget by a like
amount.
RES. 91-425 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AGREEMENT
TO JOINTLY FUND CONSULTING SERVICES BY AND BETWEEN THE
CITY OF SAN BERNARDINO, THE BOARD OF WATER
COMMISSIONERS OF THE CITY OF SAN BERNARDINO, AND THE
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO AND SIMON AND COMPANY. (R-I3)
Council Member Estrada made a motion, seconded by Council
Member Maudsley, that said resolution be adopted.
Resolution No. 91-425 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.
RECESS MEETING
At 12:25 p.m., Council Member Hernandez made a motion,
seconded by Council Member Estrada, that the regular meeting of
the Mayor and Common Council recess to an Educational Roundtable
luncheon workshop in the Management Information Center, MIC Room,
Sixth Floor, City Hall.
The motion carried by the following vote: Ayes: Council
Members Estrada, Hernandez, Maudsley, Pope-Ludlam, Miller. Nays:
Council Member Minor. Absent: Council Member Reilly.
LUNCHEON WORKSHOP - EDUCATION ROUNDTABLE DISCUSSION (34)
At 12:35 p.m., Mayor Holcomb called the luncheon workshop to
order in the Management Information Center, Sixth Floor, City
Hall, 300 North "D" Street, San Bernardino, California.
25
10/7/91
ROLL CALL
Roll call was taken with the following being present: Mayor
Holcomb; Council Members Estrada, Hernandez, Maudsley, Minor,
Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, City
Clerk Krasney. Absent: Council Member Reilly, City
Administrator Clark.
EDUCATION ROUNTABLE DISCUSSION
Dr. Neal Roberts, Superintendent, San Bernardino
Unified School District, answered questions regarding
effects of the November, 1991 bond issue on local schools.
City
the
Dr. Roberts commented on the gang situation within the City
and the programs supported by the District in combatting this
problem.
Dr. Anthony Evans, President, California State University,
San Bernardino, reported on the growth and development of the
University and the affects of increased housing in the community.
Dr. Leon Higgs, Executive-Vice President, San Bernardino
Valley Community College, reported on enrollment practices at
Valley College. Dr. Higgs stated that Valley College will be
celebrating its 65th Anniversary on October 19, 1991.
Discussion ensued regarding the ability to provide tutorial
language programs to assist bilingual speaking persons living in
the community who cannot afford to attend college.
Dr. Roberts explained that the
incorporated a health-care program to
children with medical care and breakfast
the community.
School District has
provide disadvantaged
at various schools in
A discussion ensued regarding the drop-out rate of students
attending various high schools within the School District.
Mayor Holcomb announced that at 7:00 a.m., October 29, 1991,
Jack Brown, President of Stater Bros., will be the guest speaker
at the next Education Roundtable breakfast to be held at Valley
College, 701 South Mt. Vernon Avenue, San Bernardino, CA.
No action was taken.
RECESS MEETING
At 1:30 p.m., the luncheon workshop recessed to
the Council Chambers of City Hall, 300 North "D"
Bernardino, California.
2:00 p.m, in
Street, San
26
10/7/91
RECONVENE MEETING
At 2:00 p.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, Hernandez, Maudsley, Minor,
Miller; Deputy City Attorney Empeno, City Clerk Krasney, City
Administrator Clark. Absent: Council Members Estrada, Pope-
Ludlam.
PRESENTATIONS - SOVIET UNION EXCHANGE STUDENTS (4)
Thelma Press, Executive Director, Cultural Affairs and
International Affairs, introduced Olga Aleksandrova, Ekaterina
Polozova, and Vladi Tikhomirov, Soviet Union High School Exchange
Students. Olga Aleksandrova, has been hosted by the Brooksby
Family of San Bernardino whose daughter Desiree Brooksby attends
Cajon High School; Ekaterina Polozova, is sponsored by the King
Family whose daughter, Julie King, attends Pacific High School;
and Vladi Tikhomirov, who is staying with the Lerner Family,
whose son, Brian Lerner, attends Cajon High School.
Mayor Holcomb presented to each student the City of San
Bernardino Official seal.
APPEAL OF REVOCATION OF CONDITIONAL DEVELOPMENT PERMIT
NO. 198 - CIVIC CENTER MOTEL - 665 NORTH "D" STREET-
CONTINUED FROM SEPTEMBER 3, 1991 (35)
This is the time and place continued to
revocation of Conditional Development Permit
Civic Center Motel located at 665 North
Bernardino, California.
for
No.
an appeal of
198 for the
Street, San
110"
In a memorandum dated October 3, 1991, Larry Reed, Assistant
Director, Planning and Building Services, recommended that the
Mayor and Council uphold the decision of the Planning Commission
and hearing officer and revoke the conditional development
permit.
Mayor Holcomb stated that the hearing officer has ruled that
the City of San Bernardino has abided by the due process of law
proceedings regarding the revocation of Conditional Development
Permit No. 198 for the Civic Center Motel.
COUNCIL MEMBER ESTRADA RETURNED
Council Member Estrada returned to the Council meeting and
took her place at the council table.
Mayor Holcomb opened the hearing.
27
10/7/91
Frank Weiser, representing the appellant, commented on some
of the issues which delayed the appeal proceedings. Mr. Weiser
stated that due to these delays his client has been substantially
prejudiced in terms of having to pay large sums of money to
rehabilitate the property. Mr. Weiser pointed out a possible
conflict of interest on the part of Mr. Gresham, the hearing
officer, and requested Council confirmation as to whether or not
Mr. Gresham was performing other work for the City at the time
this appeal was filed.
Mr. Weiser also commented on the ruling of the hearing
officer. He stated that Mr. Gresham, the hearing officer, did
not provide specific factual evidence to support the logical
analysis that due process was followed. Mr. Weiser further
stated that there is nothing in the record showing how the
Planning Commission determined that the conditional use permit
should be revoked based on the findings of fact.
Mr. Weiser stated that his client is in the process of
selling the motel and if the Council determines that the Planning
Commission's ruling is final, he will take this matter to
Superior Court and be forced to file an inverse condemnation
claim.
Deputy City Attorney Empeno responded to Mr. Weiser's
statements. Mr. Empeno stated for the record his objections to
Mr. Weiser's comments regarding the integrity of the hearing
officer, the procedures followed by the City Attorney's Office
and the Planning Department.
Mr. Weiser answered questions regarding possible Court
conclusions if this matter goes trial de novo. He stated that
the Courts could require that this matter be referred back to the
Planning Commission; require that the City take a substantial
evidence test or an independent judgement test.
COUNCIL MEMBER POPE-LUDLAM RETURNED
Council Member Pope-Ludlam returned to the Council meeting
and took her place at the council table.
Deputy City Attorney Empeno answered questions and stated
that there is sufficient evidence in the record to support the
Planning Commission's decision.
Bill Carey, owner of the used car lot located
Civic Center Motel, stated that since the motel has
the neighborhood has taken a drastic change for
Occurances of breakins and vandalism have ceased.
south of the
been closed,
the better.
28
10/7/91
R. W. Steiler, owner of Standard Mortgage, 375 W. 7th
Street, stated that since the City revoked the motel's
conditional development permit, the number of criminal incidents
have declined substantially. He urged that the Council not allow
the motel to re-open.
Council Member Estrada made a motion, seconded by Council
Member Reilly, that the hearing be closed; that the Mayor and
Common Council uphold the decision of the Planning Commission and
Hearing Officer and revoke the conditional development permit.
The motion carried by the following vote: Ayes: Council
Members Estrada, Reilly, Maudsley, Minor, Miller. Nays: None.
Abstain: Council Members Hernandez, Pope-Ludlam. Absent: None.
COUNCIL MEMBER MILLER EXCUSED
Council Member Miller left the Council meeting.
APPEAL OF BOARD OF BUILDING COMMISSIONERS - VIOLATIONS
OF 1988 UNIFORM HOUSING CODE REHABILITATION OF
STRUCTURES - 1246 WEST RIALTO AVENUE - EDWARD DUKE
(36)
This is the time and place set for an appeal of the Board of
Building Commissioners' findings to require the owner to correct
health and safety violations and rehabilitate structures located
at 1246 W. Rialto Avenue.
Al Boughey, Director of Planning and Building Services,
requested that the appeal be continued for two weeks.
Council Member Minor made a motion, seconded by Council
Member Estrada, and unanimously carried, that the appeal of the
Board of Building Commissioners findings to require the owner to
correct health and safety violations at 1246 W. Rialto Avenue, be
continued to October 21, 1991, in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
COUNCIL MEMBER MILLER RETURNED
Council Member Miller returned to the Council meeting and
took her place at the council table.
APPEAL - BOARD OF BUILDING
REQUIRE OWNER TO CORRECT
VIOLATIONS AND REHABILITATE
SPRUCE - MAURICE PETERS
COMMISSIONERS FINDING TO
THE HEALTH AND SAFETY
STRUCTURES AT 1095 WEST
(37)
This is the time and place set for an appeal of the Board of
Building Commissioners' finding to require the owner to obtain
proper permits to correct the health and safety violations and
rehabilitate structures located at 1095 West Spruce. The appeal
was filed by Maurice Peters.
29
10/7/91
City Clerk Krasney stated that Mr. Peters had delivered a
letter requesting a continuance of this matter and that he has
paid the $ 7 5.00 continuance fee; however, Mr. Peters did not
specify a time certain for the continuance. Based on a
conversation with the Planning and Building Services Director,
Mr. Peters had mentioned a continuance date to November, 1991.
Discussion ensued regarding the numerous complaints that
have been received on the condition of this property and how
often Mr. Peters has delayed making improvements to the property.
Council Member Estrada made a motion, seconded by Council
Member Reilly, and unanimously carried, that the appeal of the
Board of Building Commissioners' findings to require the owner to
obtain proper permits to correct the health and safety violations
at l095 West Spruce, be continued to October 2l, 1991 in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
APPEAL - BOARD OF BUILDING COMMISSIONERS' FINDINGS TO
REQUIRE OWNER TO OBTAIN PROPER PERMITS - DEMOLITION OF
ALL ABANDONED STRUCTURES(S) AND SIGN(S) - 1087 NORTH
MT. VERNON AVENUE - GARY LAZAR (38)
This is the time and place set for an appeal of the Board of
Building Commissioners' findings to require the owner to obtain
proper permits for demolition of all abandoned structure(s) and
sign(s) located at 1087 North Mt. Vernon Avenue. The appeal was
filed by Gary Lazar.
In a
Assistant
that the
upheld.
memorandum dated September 25, 1991, Larry Reed,
Director, Planning and Building Services, recommended
decision of the Board of Building Commissioners' be
Barbara Prockou, Real Estate Manager, California Target
Enterprises, representing Gary Lazar, requested that the appeal
be continued to the next Council meeting to allow for additional
testimony. Ms. prockou indicated that she would pay the $75.00
continuance fee.
Council Member Miller made a motion, seconded by Council
Member Pope-Ludlam, and unanimously carried, that the appeal of
Board of Building Commissioners' findings to require the owner to
obtain proper permits for demolition of abandoned structures and
signs be continued to October 21, 1991, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
30
10/7/91
PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 91-10-
ALLOW EXISTING SINGLE FAMILY RESIDENTIAL STRUCTURES AS
CONFORMING PERMITTED USES IN CO-2, COMMERCIAL OFFICE
DESIGNATION CITYWIDE - ADOPT RESOLUTION (39)
This is the time and place set for a public hearing
regarding General Plan No. 91-10 to allow existing single
family residential structures as conforming permitted uses in
the CO-2, Commercial Office, land use designation citywide and to
adopt said resolution.
In a memorandum dated August 20, 1991, Larry Reed, Assistant
Director, Planning and Building Services, stated that this is the
first of several General Plan and Development Code amendments
proposed by staff in an effort to preserve unique residential
structures in the vicinity of Atlantic Street and Palm Avenue.
The purpose is to allow the residences to be preserved until
conversion to low intensity office uses occurs sometime in the
future.
RES. 91-426 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-10 TO
THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (39)
Mayor Holcomb opened the hearing.
Council Member Maudsley made a motion, seconded by Council
Member Reilly, and unanimously carried, that the hearing be
closed; and that the Mayor and Common Council adopt the
resolution which adopts the negative declaration and approves
General Plan Amendment No. 91-10.
Resolution No. 91-426 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley,
Minor, Pope-Ludlam, Miller. Nays: None. Absent: None.
COUNCIL MEMBER MAUDSLEY EXCUSED
Council Member Maudsley left the Council meeting.
OUT-OF-STATE TRAVEL - AUDREE TAYLOR, SENIOR RECREATION
SUPERVISOR - BALTIMORE, MD - OCTOBER 17 THROUGH 21,
1991 (S-l)
In a memorandum dated October 2, 1991, Annie F. Ramos,
Director of Parks, Recreation and Community Services, requested
authorization for Senior Recreation Supervisor Audree Taylor to
attend the National Recreation and Parks Association Conference
in Baltimore, Maryland on October l7 - 2l, 1991. This conference
would provide an educational opportunity for the department in
keeping up with current trends in the profession.
31
10/7/91
Council Member Pope-Ludlam made a motion, seconded by
Council Member Estrada, and unanimously carried, that out-of-
state travel for Senior Recreation Supervisor Audree Taylor to
attend the NRPA Conference in Baltimore, Maryland, October 17-21,
1991, be authorized.
COUNCIL MEMBER MAUDSLEY RETURNED
Council Member Maudsley returned to the Council meeting and
took his place at the council table.
RES. 91-427 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO KERSHAW CONSTRUCTION COMPANY,
INC., FOR CONSTRUCTION OF STORM DRAIN IMPROVEMENTS IN
WATERMAN AVENUE, FROM WEIR ROAD TO COMMERCIAL ROAD, AND
IN NORTHPARK BOULEVARD, FROM "F" STREET TO MAYFIELD
AVENUE. (8-2)
Council Member Miller made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Resolution No. 9l-427 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley,
Minor, Pope-Ludlam, Miller. Nays: None. Absent: None.
COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING
At 2:41 p.m., Chairman Holcomb called the Community
Development Commission to order in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
The Council, acting as the Commission, took action on the
Community Development Commission agenda regarding refinancing of
City Hall. (RS-l)
RECESS MEETING
At 3:23 p.m., Chairman Holcomb declared a five-minute
recess.
RECONVENE MEETING
At 3:30 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,
Minor, Pope-Ludlam, Miller. Deputy City Attorney Empeno, City
Clerk Krasney, City Administrator Clark. Absent: None.
32
10/7/91
COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING
At 3:30 p.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.
(R-I5)
The Council, acting as the Commission, took action on the
Community Development agenda regarding the acquisition of the
Pacific Federal Savings Building at 701 North "E" Street and 767
North "E" Street. This matter was continued to October 21, 1991,
in the Council Chamber of City Hall, 300 North "D" Street, San
Bernardino, California.
REQUEST TO REPLACE MAYOR HOLCOMB AS
DEVELOPMENT AGENCY BOARD (IVDA) MEMBER _
HERNANDEZ
INLAND
COUNCIL
VALLEY
MEMBER
(5-3)
Council Member Hernandez expressed dissatisfaction with
having Mayor Holcomb serve as the City's representative on the
Inland Valley Development Agency (IVDA) Board.
Council Member Hernandez made a motion, seconded by Council
Pope-Ludlam, for discussion purposes, to replace Mayor Holcomb on
the Inland Valley Development Agency Board.
City Attorney Penman answered questions regarding the
legalities of removing the Mayor from the Board. He stated that
based on the opinion of the City Attorney's Office, the Council
does not have the authority to remove any commission member nor
the Mayor from any commission. The only exceptions are standing
Council Committees such as the Ways and Means Committee,
Personnel Committee, Redevelopment Agency Committee, and
Legislative Review Committee.
Discussion ensued regarding the Mayor's conduct while
serving on the IVDA Board and the events which led to several
developers withdrawing proposals for development of Norton Air
Force Base.
Council Member Estrada, a member of the IVDA Board,
explained that the Board has recognized that there is a problem
which exists between the two co-chairs. As a result of this
situation, the Board has placed an item on their agenda to
discuss the roles of the co-chairs and the roles of the board
members at a retreat scheduled October 10 - 11, 1991.
Mayor Holcomb urged the Council to take action and resolve
this matter today.
33
10/7/91
Council Member Hernandez made a motion, seconded by Council
Member Pope-Ludlam, to replace Mayor Holcomb on the Inland Valley
Development Agency Board.
The motion failed by the following vote:
Member Hernandez. Nays: Council Members
Maudsley, Minor, Pope-Ludlam, Miller. Absent:
Ayes:
Estrada,
None.
Council
Reilly,
Council Member Estrada made a motion, to postpone taking
action regarding the removal of the Mayor from the IVDA Board
until after the IVDA retreat scheduled October lO through 11,
1991.
The motion failed for lack of a second.
Council Member Reilly made a motion,
Member Maudsley, and unanimously carried,
Estrada give a report at the Council meeting
of the proceedings at the IVDA Retreat to
11, 1991.
REPORT FROM CITY ADMINISTRATOR CLARK - AUTHORITY TO
IMPOSE 80% OF POLICE OFFICERS' SALARY TO LAW
ENFORCEMENT TRAINEES SALARY - DISCUSSED EARLIER IN THE
MEETING. SEE PAGE 12 (11)
seconded by Council
that Council Member
of October 21, 1991,
be held October 10-
This is the time and place continued from earlier in the
meeting to hear a report regarding the authority for which law
enforcement trainees' salaries are imposed.
City Administrator
adopted a resolution
Trainee's salary to be
salary.
Clark reported that in
that authorized the
set at 80% of the P-1,
1987 the Council
Law Enforcement
Police Officer's
Ms.
separate
the City
Clark explained that the reason the City uses four
bargaining units is based on a legal opinion prepared by
Attorney's Office.
No action was taken.
COUNCIL MEMBER MINOR EXCUSED
Council Member Minor left the Council meeting.
RECESS MEETING - CLOSED SESSION
At 4:30 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: North "E" Street.
34
10/7/91
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: Deputy City Attorney Empeno, Bernard Kersey,
General Manager of the Water Department; J. Lorraine Velarde,
Executive Assistant to the Mayor; Ken Henderson, Executive
Director, Development Department.
ADJOURNED CLOSED SESSION
At 5:44 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 5:45 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,
Pope-Ludlam, Miller. City Attorney Penman, City Clerk Krasney,
City Administrator Clark. Absent: Council Member Minor.
CLOSED SESSION URGENCY ITEM
MARKET) LIQUOR LICENSE - WESTS IDE
QUALITY FOODS
MARKET PROJECT
(New Business)
(VIVA
Council Member Reilly made a motion, seconded by Council
Member Estrada, and unanimously carried, that the matter
regarding Quality Foods' refusal to move forward with its plans
for a market on the Wests ide arose subsequent to the posting of
the Council agenda, and that action needs to be taken on this
matter.
Mayor Holcomb stated that the San Bernardino City Unified
School Board of Education and Senator Bill Leonard are
protesting approval of Quality Foods liquor license. As a result
of this protest, Quality Foods has decided not to move forward
with its plans to build a market on the Wests ide if they do not
receive approval of their liquor license from the Alcohol
Beverage Control Board.
Council Member Hernandez made a motion, seconded by Council
Member Reilly, and unanimously carried, that the City Attorney be
directed to prepare a Resolution to be presented to the San
Bernardino City Unified School District Board of Education at
its next regular meeting on October 15, 1991, requesting that
the Board of Education withdraw its protest submitted to the
35
10/7/91
Alcohol Beverage Control Board opposing the granting of a liquor
license to Quality Foods for its proposed market at Baseline and
Medical Center Drive. Further, that the resolution recite the
facts that the City of San Bernardino has invested substantial
funds into the project; that the Wests ide is badly in need of
the market to serve its residents and to help the economy; and
that the City has been informed that Quality Foods will not move
forward with its plans to build a market if the liquor license is
not granted.
Council Member Hernandez made a motion, seconded by Council
Member Reilly, that said resolution be adopted.
RES. 91-428 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO URGING THE SAN
BERNARDINO CITY SCHOOLS DISTRICT AND STATE SENATOR BILL
LEONARD TO WITHDRAW OPPOSITION TO THE GRANTING OF A
LIQUOR LICENSE FOR VIVA MARKET. (Quality Foods)
City Clerk Krasney read the title of the resolution.
Resolution No. 91-428 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley,
Pope-Ludlam, Miller. Nays: None. Absent: Council Member
Minor.
ANNOUNCEMENT
RELATIONSHIP
OFFICE
CLOSED SESSION
BETWEEN THE MAYOR'S
BETTER
OFFICE AND
WORKING
COUNCIL
(1)
Council Member Estrada announced that while in closed
session a discussion ensued regarding creating a better working
relationship between the Mayor's Office and the Council Office.
As a result of this discussion, the Council agreed to establish a
committee comprised of Council Member Estrada, Council Member
Reilly, and Council Member Maudsley to work with Mayor Holcomb to
address concerns and develop guidelines to create a better
working atmosphere between the Mayor and Members of the Council.
36
10/7/91
ADJOURNMENT (40)
At 5:50 p.m., the meeting adjourned to 8:30 a.m., Monday,
October 21, 1991, in the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California.
RACHEL KRASNEY
City Clerk
tl
j 'j
d") /'._
By~,~d'J',0\;; ~j
Diane Jones, Deputy City Clerk
No. of Items: 72
No. of Hours: 7 hrs. 50 min.
37
10/7/91