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HomeMy WebLinkAbout10-21-1991 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING OCTOBER 21, 1991 COUNCIL CHAMBERS The regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Pro Tem Reilly at 8:37 a.m., Monday, October 21, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Pro Tem Reilly; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Miller; City Attorney Penman, Ci ty Clerk Krasney, Ci ty Administrator Clark. Absent: Mayor Holcomb, Council Member Pope-Ludlam. RECESS MEETING - CLOSED SESSION (1) At 8:37 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 Ii tigation pursuant to 54956.9(b)(1), as there litigation; attorney regarding pending Government Code Section is significant exposure to 1 10/21/91 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 ComDanv. 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. Citv of San Bernardino. et al- United States District Court Case No. SA 88-461 AHS (RWRx); Citv of Redlands vs. Inland Vallev DeveloDment Aaencv. et al - San Bernardino Superior Court Case No. 255222; County vs. City 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; City of San Bernardino vs. San Bernardino Steel San Bernardino Superior Court Case No. 261904; Crain vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 229990; Meridian Park Investments vs. Citv of San Bernardino- United States District Court - Case No. 91-3993-JSL (JRx); City of San Bernardino vs. Liberty Cable T. V .. et al- United States District Court Case No. 82-6876 WMB; 2 10/21/91 Scott vs. City of San Bernardino - San Bernardino Superior Court Case No. 251582; Mills. et al ys. City of San Bernardino - Fourth District Court of Appeals - Case No. E009756; City of San Bernardino vs. County of San Bernardino. et al- San Bernardino Superior Court Case No. 207900; Maadaleno vs. City of San Bernardino Superior Court Case No. 248739. San Bernardino CLOSED SESSION At 8:37 a.m., Mayor Pro Tem Reilly 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 Pro Tem Reilly, Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Miller; City Attorney Penman, Ci ty Clerk Krasney, Ci ty Administrator Clark. Absent: Mayor Holcomb, Council Member Pope-Ludlam. Also present: Senior Assistant City Attorney Morillo, Deputy City Attorney Simmons, Deputy City Attorney Roth, and Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office. COUNCIL MEMBER At 8:38 a.m., closed session. POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the DEPUTY CITY ATTORNEY ROTH EXCUSED At 9:02 a.m., Deputy City Attorney Roth left the closed session. MAYOR HOLCOMB ARRIVED At 9:02 a.m., Mayor Holcomb arrived at the closed session. READING OF RESOLUTIONS AND ORDINANCES Deputy City Clerk Vale read the titles of all the resolutions and ordinances on the regular, supplemental, addendum supplemental, and Community Development Commission agendas while the Council was in closed session. DEPUTY CITY ATTORNEY SIMMONS EXCUSED At 9:07 a.m., Deputy City Attorney Simmons left the closed session. 3 10/21/91 CHIEF OF POLICE DANIEL ROBBINS AND AFFIRMATIVE ACTION OFFICER ARRIVED At 9:10 a.m., Chief of Police Daniel Wilson, Affirmative Action Officer arrived at ERNIE WILSON, Robbins and Ernie the closed session. ADJOURN CLOSED SESSION At 9:24 a.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 9:27 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 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 Morillo, City Clerk Krasney, City Administrator Clark. Absent: None. INVOCATION The invocation was given by Phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Pope- Ludlam. ANNOUNCEMENT BY MAYOR HOLCOMB - NATIONAL RED RIBBON WEEK (2) Mayor Holcomb expressed his support for the activities occurring in support of Red Ribbon Week. ANNOUNCEMENT - COUNCIL MEMBER ESTRADA - FAVORITE BOOK - LIBRARY CENTENNIAL CELEBRATION (2) Council Member Estrada described the book "Not With A Fist" by Ruth Tuck. She stated that she frequently recommends this book, and encouraged residents to participate in the Library's Centennial Celebration. PUBLIC COMMENTS (3) There were no public comments during the public comments section of this meeting. 4 10/21/91 PROCLAMATION - SUPPORT MEASURE COMMUNITY COLLEGE DISTRICT "L" - SAN BERNARDINO (4) Rachel Krasney, City Clerk, read a resolution proclaiming support for Measure "L", on the November 5, 1991, ballot. If adopted, Measure "L" would fund the construction of additional classrooms at San Bernardino Valley College and Crafton Hills College. Dr. Stuart Bundy, Chancellor, San Bernardino Community College District, explained that additional classrooms are necessary to meet the needs of the district students, and encouraged residents to support "Measure L" on election day. Dr. Singer, President, San Bernardino Valley College, expressed support for "Measure L", and explained that it had been designated the measure for learning. Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that the Mayor's Office resolution affirming support for Measure "L", be accepted. Council Member Hernandez expressed support for an initiative that would fund elementary and secondary schools. The resolution proclaiming support for "Measure L" was presented to Dr. Bundy and Dr. Singer. COMMENDATION SAN DAUGHTERS OF AMERICA 1306 BERNARDINO CHAPTER CATHOLIC COURT OF OUR LADY OF PEACE NO. (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending the San Bernardino Chapter, Catholic Daughters of America, Court of Our Lady of Peace No. 1306. The chapter was chartered on February 26, 1939, to bring together catholic women eighteen years and older to participate in national, state and local programs. Mrs. Clara 0' Campo, Grand Regent, and Mrs. Mary Barber, Court Financial Secretary, accepted the commendation. COMMENDATION - PAT TYLER - CIVIL SERVICE BOARD (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending Pat Tyler for dedicated service, and civic pride demonstrated by deeds that benefit all the citizens of San Bernardino. Ms. Tyler resigned from the Civil Service Board after one year of service. Pat Tyler accepted the resolution. 5 10/21/91 COUNCIL MEMBER POPE-LUDLAM EXCUSED At 9:43 a.m., Council Member Pope-Ludlam left the Council meeting. COMMENDATION - B. WARREN COCKE - CIVIL SERVICE BOARD (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending B. Warren Cocke for dedicated public service, and devotion to the principles of a fair and competitive civil service system based on merit, efficiency and character. Mr. Cocke resigned from the Civil Service Board after four years of service. Mr. Cocke accepted the resolution. PRESENTATION - MR. WILLIAM SIROWY - 4-H PROGRAM (4) William Sirowy, 4-H Program Leader, stated that 4-H is the largest out-of-school youth organization in America, and is sponsored by the University of California Cooperative Extension, in partnership with the U. S. Department of Agriculture and the County of San Bernardino. He stated that there are approximately 240,000 youth in San Bernardino County between the ages of six and nineteen; and approximately 7,500 youth involved in 4-H in San Bernardino County. He stated that the goal of 4-H is to help youth develop into productive citizens. Mr. Sirowy presented 4-H cups and pins to the Mayor and Common Council. PRESENTATION SGT. LEE CHENNAULT POLICE DEPARTMENT - SMASH UNIT UPDATE SAN BERNARDINO (4) Sgt. Chennault, San Bernardino Police Department, presented an update of the SMASH Unit's activities in relation to the street gangs in San Bernardino. He stated that San Bernardino's SMASH Unit is one of the largest in the United States, and that approximately 1,600 gang members have been identified. He stated that of the fifty-one homicides this year, thirty-one were gang or drug related. San Bernardino's street gangs have been qualified under the S. T. E. P. Act (Street Terrorism Enforcement Program), and officers are currently serving the gang members wi th the S. T. E. P. Act papers. He explained that the Police Department has been connected to the gang computer tracking system in Los Angeles, and how it assists in tracking gang members. He stated that a joint effort of the Mayor and Common Council, Police Department, School District, community organizations, businesses and residents was necessary for success to be achieved in the war against drugs and gangs. He explained how the City's blight abatement efforts have helped the unit. He stated that members of the SMASH Unit meet monthly with similar 6 10/21/91 officers in Riverside County to coordinate efforts. Council Member Estrada recommended that the Council meet in a joint session with representatives from the San Bernardino County Sheriff's Department, San Bernardino City Police Department, and the court system to address the problems created by street gangs. She recommended that such a session be televised for the purpose of educating the community. SERVICE PIN AWARD CEREMONY (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of 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. RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FEE OF FIVE HUNDRED DOLLARS ($500) FOR PROCESSING REQUESTS FOR STREET NAME CHANGES. (20) RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FEE OF ONE THOUSAND DOLLARS ($1000) FOR PROCESSING AN APPLICATION FOR A STREET OR ALLEY VACATION PURSUANT TO THE 1941 STREET VACATION ACT. (21) RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FEE OF TWO HUNDRED DOLLARS ( $200) FOR PREPARATION OF AN EASEMENT FORM FOR DEDICATION OF RIGHT-OF-WAY. (22) Senior Assistant City Attorney Morillo recommended that the resolutions establishing fees in the Public Works/Engineering Department be continued to the meeting of November 18, 1991, so that a notice of public hearing can be published. Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that the three resolutions establishing fees in the Public Works/Engineering Department, be continued to the meeting of November 18, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. WAIVE FURTHER 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, addendum supplemental, and Community Development Commission agendas be waived. 7 10/21/91 COUNCIL MINUTES (6) Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the minutes of the September 3, 1991 meeting of the Mayor and Common Council of the City of San Bernardino, be approved as submitted in typewritten form. PART-TIME/TEMPORARY SALARY INCREASES - SENIOR NUTRITION POSITIONS (7) In a memorandum dated October 10, 1991, Barbara Dillon, Director of Personnel, stated that John Kramer, Superintendent of Recreation, Parks, Recreation and Community Services, had requested salary increases for part-time/temporary Senior Nutrition positions. She stated that the positions are grant funded, and therefore would not impact the General Fund. The salary rates would be effective as of July 29, 1991. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the salary increases for the positions of Food Service Supervisor II, Food Service Supervisor I and Food Worker II be approved, effective July 29, 1991; and that the Personnel Department update Resolution 6413, Section Thirteen. FACILITIES MANAGEMENT RECLASSIFICATIONS (8) In a memorandum dated October 10, 1991, Barbara Dillon, Director of Personnel, stated that Shauna Clark, City Administrator, had requested reclassifying the position of Director of Facilities Management from a department head to a division head position in the City Administrator's Office. She stated that the department provides support functions, such as building and custodial maintenance services to City departments. She stated that as a division these functions would be coordinated through the City Administrator's Office. The annual savings, with reclassification, is estimated at $21,978 for salaries and variable fringe benefits. The Personnel Committee approved this request at its October 10, 1991 meeting. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, to change Facilities Management from a department to a division of the City Administrator's Office; that the classification of Director of Facilities Management be established with a salary set at Range 4468 ($4,578-$5,564/month); and that the Personnel Department update Resolution 6413, Section 10, and Resolution 6433. 8 10/21/91 ESTABLISH SALARIES - FIRE DEPARTMENT RANGES P-7, FIRE MARSHAL AND TRAINING OFFICER AUGUST 1, 1991 P-5, P-6, EFFECTIVE (9) In a memorandum dated October 9, 1991, Barbara Dillon, Director of Personnel, stated that City Charter Section 186 establishes a formula for setting salaries for local safety members, effective each August 1. An agreement has been reached with Fire Management on the ten cities whose salaries will be averaged to determine this year's P-5, Training Officer, Fire Marshal, P-6 and P-7 salaries for the Fire Department. The cities selected are: Chula Vista, Escondido, Fremont, Fullerton, Glendale, Pasadena, Rancho Cucamonga, Simi Valley, Stockton, Thousand Oaks. Adding 34.72% to reflect variable fringe benefits costs which rise with salary, the total added cost for salaries and fringe benefits is $65,393. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the salaries for Fire Department Ranges P-5, P-6, P-7, Fire Marshal and Training Officer be established as outlined in the staff report, effective August 1, 1991; and direct the Personnel Department to prepare an amendment to Resolution No. 6429. SEWER RELOCATION - "D" STREET, STREET APPROVAL OF PLANS ADVERTISE FOR BIDS FROM AND 7TH STREET TO 9TH AUTHORIZATION TO ( 11) In a memorandum dated October 10, 1991, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans, specifications, and estimates have been prepared and the project is ready to bid. The project calls for replacing the existing sewer line in "D" Street, from 7th Street to 9th Street, due to continued calls for service and the deteriorated condition of the line. The total estimated project cost is $78,000. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the plans for replacement of sewer line in "D" Street, from 7th Street to 9th Street, in accordance with Plan No. 8587, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids. CLAIMS AND PAYROLL (13) 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 October 14, 1991, from the Director of Finance, be approved. 9 10/21/91 JOINT POWERS FINANCING AUTHORITY - REGULAR MEETING (15) Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the regular meeting of the Joint Powers Financing Authority be adjourned to November 18, 1991. RES. 91-429 A RESOLUTION OF THE CITY OF SAN BERNARDINO, ESTABLISHING THE APPROPRIATION LIMIT FOR THE FISCAL YEAR 1991/92 FOR THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE CALIFORNIA CODE, AND REPEALING RESOLUTION NO. 87-214. (16) RES. 91-430 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 89-504 AS AMENDED BY RESOLUTION NO. 90-327 ENTITLED IN PART "RESOLUTION AUTHORIZING THE MAYOR . . . TO EXECUTE APPLICATIONS AND DOCUMENTS FOR OBTAINING FINANCIAL ASSISTANCE UNDER THE FEDERAL CIVIL DEFENSE ACT OF 1950 . . ." TO SUBSTITUTE SHAUNA CLARK FOR SHAUNA EDWINS. (17) RES. 91-431 - A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE OF A QUIT CLAIM DEED FOR THAT CERTAIN REAL PROPERTY KNOWN AS SECCOMBE LAKE STATE URBAN RECREATION AREA BOUNDED BY 5TH STREET, 7TH STREET, WATERMAN AVENUE AND SIERRA WAY IN THE CITY OF SAN BERNARDINO. (18) RES. 91-432 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF ADDENDUM NO. 1 TO A WORKSITE AGREEMENT AUTHORIZED BY RESOLUTION NO. 90-371, DATED SEPTEMBER 6 , 1990 , BETWEEN THE SAN BERNARD INO CITY UNIFIED SCHOOL DISTRICT SPECIAL EDUCATION DEPARTMENT AND THE CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT FOR PROVIDING WORKSITES FOR A SPECIAL EDUCATION CAREER AND VOCATIONAL TRAINING PROGRAM TO PROVIDE FOR TASK ANALYSIS-BASED COMPENSATION. (19) RES. 91-433 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO AAA PAVING COMPANY FOR VARIOUS STREET IMPROVEMENTS IN THE VERDEMONT AREA. (23) RES. 91-434 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE CAJON AND PEPPER LINDEN AREA: DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 1005, AND WAIVING NOTICE AND HEARING. (24) 10 10/21/91 RES. 91-435 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 8234 ENTITLED, IN PART, "A RESOLUTION. . ESTABLISHING PARKING TIME LIMITATIONS UPON CERTAIN DESIGNATED STREETS, ALLEYS, OR PORTIONS THEREOF. ."; AND AUTHORIZING THE REMOVAL OF A TWO- HOUR PARKING LIMITATION ON COMMERCENTER WEST BETWEEN HOSPITALITY LANE AND AIRPORT DRIVE. (25) RES. 91-436 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, "A RESOLUTION. .DESIGNATING CERTAIN STREETS OR PORTIONS THEREOF AS THROUGH HIGHWAYS. . "; AND PROVIDING THAT COULSTON STREET IS A THROUGH HIGHWAY AT ITS INTERSECTION WITH CURTIS STREET. (26) Council Member Minor made a motion, seconded by Council Member Miller, that said resolutions be adopted. 434, Ayes: Minor, Ludlam. Resolutions Nos. 91-429, 91-430, 91-431, 91-432, 91-433, 91- 91-435, and 91-436 were adopted by the following vote: Council Members Estrada, Reilly, Hernandez, Maudsley, Miller. Nays: None. Absent: Council Member Pope- COUNCIL MEMBER POPE-LUDLAM RETURNED At 10:10 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. TERMINATE PROCEEDINGS FOR ASSESSMENT DISTRICT NO. 998- WIDENING SOUTH "E" STREET BRIDGE OVER THE SANTA ANA RIVER (10) In a memorandum dated October 7, 1991, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans are being prepared to widen the South "E" Street Bridge, over the Santa Ana River, from two to four lanes. The preliminary estimated construction cost of the project is $4,500,000. On April 16, 1990, a letter was received from the Sunset Group requesting that an assessment district be formed to finance the construction. On May 7, 1990, the Council authorized establishing an assessment district under the provisions of the Municipal Improvement Act of 1913 and the Improvement Bond Act of 1915. Subsequently, the project was funded entirely from a combination of funds from San Bernardino Associated Governments (SANBAG), through the one-half cent sales tax, and bond proceeds. Therefore, the assessment district was no longer necessary, and the file should be closed. Discussion ensued regarding the City's invested time and funds made in the assessment district, and whether Measure I funds should be used for this project. Concern was expressed 11 10/21/91 relating to how project priorities are determined for funding purposes. Mr. Hardgrave explained that the funds SANBAG allocated are regional arterial funds, which are allocated on a priority basis; and are not the local share of the one-half cent sales tax. Mr. Hardgrave stated that there had been a majority of opposition to the assessment district. He stated that several options have been working concurrently, and that since the spring of 1990 plans have been prepared and reviewed by various government agencies. He stated that the funding was received from a new program at SANBAG, and that it took time to establish and implement its procedures. When approval was granted, the City was fortunate to receive funding through the regional arterial funds. He explained that the monthly issues report outlined projects by priority based on previous council actions. Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that the proceedings for the establishment of an assessment district under the provisions of the Municipal Improvement Act of 1913, and the Improvement Bond Act of 1915 for widening of the South "E" Street bridge over the Santa Ana River, be terminated. APPROVAL OF CAPITAL IMPROVEMENT BUDGETS - FY 1991/92 (12) In a memorandum dated October 10, 1991, Roger Hardgrave, Director of Public works/City Engineer, stated that at the time the preliminary budget was adopted, the amount of funds to be received in the Capital Improvement Budgets was not known. Fund 129, Measure "I", the one-half cent sales tax fund, was one of these funds. Additional information has now been received, and a final list of projects can be adopted as recommended in the attached project listing dated October 14, 1991. The Street Construction Fund projects are financed with Federal Aid Urban Funds, and are contingent upon funds provided by the Surface Transportation Act under consideration by Congress. The exception in the Street Construction Fund is the account for rehabilitation of pavement on Arrowhead Avenue, from Mill Street to Third Street. This project would be financed from the $500,000 settlement in the lawsuit against the Water Conservation Agency for damages from high ground water. Mayor Holcomb recommended that the $500,000 settlement from the Water Conservation Agency lawsuit be deleted from the street construction fund, and transferred to the street paving fund. He proposed that the $500,000 be divided equally among the seven wards, and that bond proceeds be used to fund the street construction. 12 10/21/91 Mr. Hardgrave stated that the City receives approximately $1,000,000 in new revenue each year from the local share of the one-half cent sales tax; and that use of these funds was restricted to street improvements, in the same manner as gas tax funds. Council Member Estrada informed requested that Kenneth Henderson, EDA/Development Department, prepare a balance of the bond proceeds funds. the Council that she Executive Director, report reflecting the Council Member Maudsley made a motion, seconded by Council Member Hernandez, that the Capital Improvement Budgets for Fund Nos. 129, 241, 242, 243, 245, 248 and 250, be approved, as listed on the tabulation dated October 10, 1991; with the exception of the transfer of $500,000 from the Street Construction Fund to the Paving Fund which is referred to the Ways & Means Committee for review and recommendation. The Members Miller. motion carried by the following vote: Ayes: Council Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam, Nays: Council Member Minor. Absent: None. PERSONNEL ACTIONS (14) Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, to approve all Personnel Actions except unclassified personnel action item one. J. Lorraine Velarde, Executive Assistant explained that there are other personnel items the one item withheld, and requested that reconsidered. to the Mayor, contingent upon the matter be Council Member Minor made a Member Estrada, and unanimously personnel actions. motion, carried, seconded by Council to reconsider the Council Member Minor made a motion, seconded by Council Member Estrada, to continue the personnel actions to later in the meeting. (See page 40) COUNCIL MEMBER POPE-LUDLAM EXCUSED At 10:31 a.m., Council Member pope-Ludlam left the council meeting. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING PARAGRAPH C TO SUBSECTION 19.20.030, ITEM 18, SETTING FORTH SPECIAL FEE AREAS DESIGNATED BY A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO. First (27) 13 10/21/91 Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that said ordinance be laid over for final adoption. COUNCIL MEMBER POPE-LUDLAM RETURNED At 10:32 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 10.24.200 OF THE SAN BERNARDINO MUNICIPAL CODE EXEMPTING POLICE OFFICERS FROM CERTAIN TRAFFIC RESTRICTIONS IN CITY PARKING LOTS. First (28) Council Member Reilly made a motion, seconded by Council Member Maudsley, and unanimously carried, that said ordinance be laid over for final adoption. Senior Assistant City Attorney Morillo explained this ordinance would exempt the bicycle patrol officers from certain vehicle code regulations when on duty. The exemption would be granted under certain circumstances in the same manner as patrol car officers. RES. 91-437 - 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 13 SHELTERS IN LOCATIONS THROUGHOUT THE CITY. (Continued from October 7, 1991) (29) Council Member Minor made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 91-437 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 91-438 - 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 Z ONE A AND CSA SL-1. (Continued from October 7, 1991) (30) Mayor Holcomb explained that this annexation is for an area that did not submit 50% protests. Mayor Holcomb stated that Mr. 14 10/21/91 Sessions, Attorney representing a business owner in the proposed annexation, has requested that the hearing be reopened so that additional protests could be filed. Mayor Holcomb opposed reopening the hearing and recommended that the protests be overruled and the resolution adopted. Merle Sessions, Attorney at Law, 323 W. Court Street, San Bernardino, California, spoke on behalf of Mr. Steve Marutsos, owner of Waterman Dismantling, 721 N. Waterman Avenue, San Bernardino, California. Mr. Sessions felt that the notices had not been properly distributed to allow sufficient time for residents to protest the annexation. He urged the council to reopen the hearing to allow additional protests to be filed. He felt that there are sufficient protests to overturn the annexation. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, to re-open the public hearing. Roger Hardgrave, Director of Public Works/City Engineer, stated that all legal requirements were met relative to mailing the notice of the annexation to residents. He stated that in addi tion to the legal requirements, a neighborhood meeting was held on September 4, 1991, which was not required by law, in order to answer the residents' questions. The motion failed by the following vote: Members Reilly, Hernandez, Maudsley. Nays: Estrada, Minor, Pope-Ludlam, Miller. Absent: Ayes: Council None. Council Members Council Member Hernandez made a motion to reconsider the previous action. The motion died for lack of a second. Council Member Miller made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution Ayes: Council Nays: Council None. No. 91-438 was adopted by the following vote: Members Estrada, Minor, Pope-Ludlam, Miller. Members Reilly, Hernandez, Maudsley. Absent: INLAND VALLEY COUNCIL MEMBER 1991 DEVELOPMENT AGENCY ESTRADA CONTINUED ORAL REPORT- FROM OCTOBER 7, (31) This is the time and place continued to for an oral report and discussion relating to actions taken at the recent Inland Valley Development Agency Board retreat. In a request for council action dated October 3, 1991, 15 10/21/91 Council Member Hernandez, requested that a discussion be held, and that possible action be taken regarding replacing Mayor Holcomb on the Inland Valley Development Agency Board (IVDA). Council Member Estrada stated that at the IVDA retreat several issues were discussed. She stated that Board members had expressed concern about continuing to have two co-chairs. She stated that Supervisor Hammock appeared to support the idea of one chairperson, and that the chairperson should be from the City of San Bernardino. She stated that no action was taken during the retreat because it was held outside of the Board's jurisdiction. Council Member Estrada explained that direction was given to counsel to prepare amendments to the joint powers agreement based on recommendations made during the retreat for discussion at the next IVDA meeting. She explained that appointments to the IVDA Board are made by the member agenc ies , three cities and the county. She stated that both she and Mayor Holcomb have expressed interest in chairing the Board. She stated that the Board has a total of nine members, and that one issue to be discussed is whether one representative can vote for its agencies' absent members. Council Member Estrada stated that the next IVDA meeting is scheduled for October 23, 1991. She stated that she would give another oral report at the Mayor and Common Council meeting of November 4, 1991 relative to any action taken by the IVDA Board at its meeting. There was no action taken on this item. DISCUSS POLICE DEPARTMENT EMPLOYEE POSITIONS - COUNCIL MEMBER HERNANDEZ (32) In a memorandum dated October Hernandez requested that a discussion action be taken regarding funding of positions. 15, 1991, Council Member be held, and that possible Police Department employee Council Member Hernandez expressed concern over recent shootings in the City. He stated that he had researched the hiring procedures for the Police Department and found that a total of twenty-three non-sworn positions have not been filled since the assessment district was approved. He stated that if these twenty-three non-sworn positions were filled it would relieve twenty-three sworn officers for patrol duty. CITY ATTORNEY PENMAN RETURNED At 11:02 a.m., City Attorney Penman returned to the Council meeting and replaced Senior Assistant City Attorney Morillo. 16 10/21/91 City Administrator Clark stated that the Police Department positions have not been held back from being filled. She stated that recruitment was reviewed and subsequently placed under the Personnel Department to facilitate the hiring process. She stated that staff is continuing its review of the system and the length of time required to fill positions. Ms. Clark stated that there is an open and continuous recruitment for Police Department positions. She suggested that her office could be bypassed if it was felt that eliminating City Administrator approval would accelerate the hiring process. She explained that hiring is bracketed based on when vacancies are available at the academy. Council Member Pope-Ludlam expressed concern over events that have occurred in her neighborhood. Mayor Holcomb recommended that Police Department recruitment and hiring procedures be referred to the Personnel Committee for an investigation and review. Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that the matter relating to Police Department hiring procedures be referred to the Personnel Committee for investigation and review. RECESS MEETING At 11:15 a.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 11:35 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. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:35 a.m., the Mayor and Common Council, acting as the Community Development Commission, took action on Community Development Commission items. There was no action taken on Mayor and Common Council items during this portion of the meeting. RECESS MEETING At 12:57 p.m., the regular meeting of the Mayor and Common Council recessed to a luncheon workshop in the Management Information Center, MIC Room, Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California, to discuss cluster development. 17 10/21/91 RECONVENE MEETING - LUNCHEON WORKSHOP At 1:15 p.m., the regular meeting of the Mayor and Common Council reconvened in the MIC Room, Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California, to discuss cluster development. 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, Assistant City Administrator Wilson. Absent: None. Also present were: Deputy City Attorney Empeno, City Attorney's Office; Al Boughey, Director, Planning and Building Services; Deborah Woldruff, Associate Planner, Planning and Building Services; Chief Wright, Fire Department. Also present were the following Planning Commission members: Michael Valles, Ruben Lopez, Daniel Ortega, Herb Clemensen, and Arlene Dinges, Alternate Member. CLUSTER DEVELOPMENT (33) In a memorandum dated October 21, 1991, Al Boughey, Director, Planning and Building Services, stated that the following handouts will be beneficial to initiate discussions relating to clustered developments: 1) CLUSTER DEVELOPMENT. A copy of an article published by the National Association of Homebuilders describes cluster development, and discusses advantages of clustering, housing types, and regulatory frameworks for approval. 2) COMPARISON OF A CONVENTIONAL VS. CLUSTERED NEIGHBORHOOD. This handout shows the differences, such as infrastructure costs, between a conventional and clustered subdivision. 3) WHAT OTHER CITIES DO. local cities handle apply. PROPOSED STANDARDS FOR SAN BERNARDINO. starting point for discussion based on action and on standards in other cities. This table shows how thirteen other cluster projects and what standards 4) This table is a previous council Mr. Boughey distributed a handout regarding the following issues and characteristics of planned residential developments in the RE, RL, and RS districts: conditional use permit, density, minimum project size, open space, required home owner association, unit type, dwelling unit size, neighborhood compatibility, and other features. 18 10/21/91 COUNCIL MEMBER ESTRADA EXCUSED At 1:55 p.m., Council Member Estrada left the luncheon workshop. Planning Director Boughey made a slide presentation relating to the design features inherent to clustered development. The slide presentation provided more details on the following local developments: 1) City of Riverside Villa Victoria 2) City of Riverside Sunset Ranch 3) City of Rialto Discovery Rialto 4) City of Rialto Cedar Park Green 5) City of Loma Linda Sunrise Town Homes 6) City of Loma Linda Mountain Vista 7) City of Redlands Ardmore Terrace 8) City of San Bernardino Mountain Park 9) City of San Bernardino Northwood Estates CITY CLERK KRASNEY EXCUSED At 2:00 p.m., City Clerk Krasney left the luncheon workshop and Deputy City Clerk Vale assumed the duties of City Clerk. Discussion ensued regarding the qualities of each development, and how mitigated with design standards. positive and negative the problems could be COUNCIL MEMBER At 2:05 p.m., workshop. HERNANDEZ EXCUSED Council Member Hernandez left the luncheon There was no action taken on this item during the luncheon workshop. RECESS MEETING At 2:10 p.m., the luncheon workshop recessed 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 2:12 p.m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 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, Miller; Deputy City Attorney Empeno, City Clerk Krasney. Absent: Council Member Pope-Ludlam; City Administrator Clark. 19 10/21/91 APPEAL - PLANNING COMMISSION - APPROVAL OF TENTATIVE TRACT NO. 14352 - TO SUBDIVIDE 24.3 ACRES INTO SINGLE FAMILY LOTS - CONTINUED FROM SEPTEMBER 16, 1991 (34) This is the time and place continued to 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 appellant, William Kruger, requested that the Council reevaluate the road alignment of the tentative tract to resolve a potential impact on his property. In a memorandum dated October 10, 1991, Larry Reed, Assistant Director, Planning and Building Services, stated that on September 16, 1991, the Council discussed the appeal and directed the applicant to prepare an alternate lot design to avoid Mr. Kruger's property. At the same meeting, two additional issues were identified for further review. The first issue involved General Plan consistency relative to the lot sizes proposed under provisions of the Verdemont Area Plan. The other issue involved an inquiry from Monnig Development which asked for reimbursement consideration for its fair share of the cost of the Verdemont Storm Drain that was constructed in conjunction with Monnig's Tract Nos. 14260 and 14261. The applicants, Dr. and Mrs. Donald Huber, 4671 Webb Canyon Road, Claremont, California, redesigned Tentative Tract No. 14352 to avoid the conflict with Mr. Kruger's property along Palm Avenue. The redesign resulted in one less lot than the previous proposal; and it eliminated the use of alternate lot size provisions. Proposed Option No. One redesigned all lots to be equal or greater than the minimum lot size requirement, therefore, the issue of General Plan consistency was no longer a concern. The findings of fact have been amended to apply to the revised tentative tract map. The issue regarding Monnig's request for consideration of reimbursement was reviewed by Roger Hardgrave, Director of Public Works/City Engineer. He met with the representatives of Monnig and had arrived at three possible alternatives, outlined in the attached memorandum from Roger Hardgrave dated October 8, 1991. The Public Works Department recommends Alternative No. Two which would condition Tentative Tract No. 14352 to pay its proportionate share of the cost for oversizing the storm drain in Verdemont Drive (estimated to be $16,211), with funds to be reimbursed to Monnig. This requirement to pay a proportionate share of the cost would also need to be imposed on other tracts in the drainage area. In a letter dated October 17, 1991, Martin L. Hamilton, Hamilton & Associates Consulting, 11165 Mountain View Ave., Suite #143, Loma Linda, California, stated that Bonadiman Engineering, 20 10/21/91 prepared an additional hydrology analysis encompassing Monnig's development and Tentative Tract No. 14352. The conclusion of the report showed that Monnig's storm drains were not effectively oversized, and as installed represented a "limited benefit" at best. Based on the report, there is no evidence to substantiate Monnig's claim. Bonadiman Engineers, Inc., 250 S. Lena Road, San Bernardino, California, conducted a hydrology study dated October 1991, to determine the impact that the construction of homes on Tentative Tract No. 14352 would have on the Verdemont Storm drain in response to Monnig's request for reimbursement for storm drain oversizing. The conclusion of the report states that Tentative Tract No. 14352 has an insignificant impact on the capacity of the Verdemont Storm Drain. A fifty-four inch pipe was required to support pre-development flows. No oversizing was provided since the fifty-four inch pipe meets the post-development requirements. COUNCIL MEMBER At 2:15 p.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the Mayor Holcomb opened the hearing. Mr. Kruger, 6920 Palm Avenue, San Bernardino, California, stated that he was satisfied with the redesign of the tentative tract. Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that the hearing be closed; that the Mayor and Common Council uphold the appeal, approve Option No. One of Tentative Tract No. 14352 with the addition of one Public Works/Engineering standard requirement identified as Alternative No. Two which would require that the applicant pay a proportionate share of the cost of oversizing the Verdemont Drive storm drain (not to exceed $16,211), and subject to the amended findings of fact, conditions of approval and standard requirements contained within the Planning Commission staff report dated August 6, 1991. APPEAL - BOARD OF BUILDING COMMISSIONERS - DEMOLITION OF ABANDONED STRUCTURES AND SIGNS - 1087 NORTH MOUNT VERNON AVENUE - GARY LAZAR - CONTINUED FROM OCTOBER 7, 1991 (35) This is the time and place continued to for consideration of an appeal of the Board of Building Commissioners' findings to require the owner to obtain proper permits for demolition of all abandoned structures and signs located at 1087 North Mt. Vernon Avenue. 21 10/21/9l In a memorandum dated October 10, 1991, Larry Reed, Assistant Director, Planning and Building Services, stated that the appellant, Mr. Gary Lazar, requested that the decision of the Board of Building Commissioners be reversed because of negotiations with the City and neighborhood officials relative to reopening the subject property. The property had been vacant for more than 180 days as verified by the Water Department and the Business License Division of the City Clerk's Office. Representatives from P & N Stations have stated that negotiations are in the process to reopen the station. However, as of October 11, 1991, no plans or documentation have been submitted to the Department of Planning and Building Services. Mayor Holcomb opened the hearing. John Maxwell stated that Mr. Lazar, P & M Stations (California Target Enterprises, Inc.), 12739 Lakewood Boulevard, Downey, California, was unable to attend the meeting today. He distributed a letter dated October 18, 1991, from Alonza L. Thompson, Exalted Ruler, Arrowhead Elks Lodge #896, 1073 N. Mt. Vernon Avenue, San Bernardino, California. Mr. Thompson concurred with the improvements proposed by California Target Enterprises, however, felt that additional improvements were also necessary to improve the facility. Mr. Maxwell felt that the station is integral to the neighborhood so that residents can purchase gasoline. Since the next station is several miles away, it would create a hardship on the neighborhood residents if the station was closed. He stated that everything possible would be done to upgrade and reopen the station. Mr. Boughey showed a video taped film of the site. Debra Daniels, Acting Code Compliance Supervisor, Planning and Building Services, stated that the location is an abandoned gas station that has been without a business license and certificate of occupancy since 1988. Mr. Maxwell and Mr. James Hartley, P & M Stations, explained the plans that P & M Stations has for a new facility at the location, and requested six months to upgrade the facility before an order is given to demolish the structures. The Council expressed concern that the underground storage tanks be tested for possible leaks. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, and unanimously carried, that the public hearing be closed; that the Mayor and Common Council uphold the findings of the Board of Building Commissioners, and require the owner to obtain City permits for demolition of all abandoned 22 10/21/91 structures and signs. APPEAL BOARD OF BUILDING COMMISSIONERS- REHABILITATE STRUCTURES LOCATED AT 1095 WEST SPRUCE- MAURICE PETERS - CONTINUED FROM OCTOBER 7, 1991 (36) This is the time and place continued to for consideration of an appeal of the Board of Building Commissioners' findings to require the property owner to meet the required health and safety standards, and to rehabilitate the structures to meet all building and safety codes. In a memorandum dated October 10, 1991, Larry Reed, Assistant Director, Planning and Building Services, stated that the appellant, Mr. Maurice Peters, felt that the requirements were arbitrary and capricious and should be waived. Mr. Peters does not believe that he should have to upgrade the structures to meet current building and safety codes or that the vehicles should be disposed of in an orderly manner, and that all administrative costs should be assessed. Mr. Peters also requested that all certificates of occupancy and business licenses be issued immediately. Mayor Holcomb opened the hearing. Charles T. Hindley, Attorney at Law, 1224 E. Orangethorpe Avenue, Placentia, California, attorney for appellant M. Robert Peters, distributed an Appellant's Opening Statement, dated October 21, 1991. The statement requests that the Council vacate the resolution of the Board of Building Commissioners, and allow forty-five days for the orderly, fair and legal disposition of personal property as planned. The administrative costs should be eliminated and a refund of all monies paid to the City should be given to Mr. Peters and his tenants. Mr. Hindley submitted the following letters in support of his client: letters dated January 15, 1991 and March 4, 1991, from Michael J. Bailey, a civil engineer, P. E. Systems, P. O. Box 1584, San Bernardino, California; and a letter dated October 18, 1991, from David Hatfield, Licensed Architect, 5055 David Way, San Bernardino, California. Debra Daniels, Acting Code Compliance Supervisor, Planning and Building Services, presented photographs of the property, and explained the extent of the violations. She also showed a video of the property. Mr. Hindley objected to the photographs and video; and explained that the actions taken by City employees had violated Mr. Peters' constitutional rights. Mr. Peters explained that the present condition of the 23 10/21/91 property was the result of his attempt to comply with the City's request to remove the cars from along Fifth Street. He stated that the property could be brought up to code in forty-five days. Discussion ensued regarding the lack of a business license and certificate of occupancy for the businesses being operated at 1095 W. Spruce; and the numerous code violations that have occurred on properties owned by Mr. Peters in the area. Mr. Peters stated that the property had been identified as either 1098 or 1096 W. Fifth Street depending on whether the building was rented by one person or more than one person. He stated that Code Compliance designated the property as 1095 W. Spruce Street. He stated that the business license and certificate of occupancy would have been applied for either as 1096 or 1098 Fifth Street. Ms. Daniels stated that she did not believe that all of the requirements could be met in forty-five days. A discussion was held regarding the debris on the property, the condition of the structures, and whether the structures could be rehabilitated or should be demolished. Mr. Hindley stated that his client had never been notified of any electrical violations. He stated that Mr. Hatfield, a licensed architect, inspected the building and found it sound. He stated that at the hearing before the Board of Building Commissioners his client's constitutional rights had been violated. Mayor Holcomb suggested two options: that the item be continued for two weeks to allow a new inspection of the property by structural, electrical and other licensed professionals; or that the item be referred to a hearing officer to allow testimony to be given, and then to return to Council with a recommendation. Council Member Estrada made a motion, seconded by Council Member pope-Ludlam, that the findings of the Board of Building Commissioners be upheld, that the owner be required to correct the health and safety violations, and rehabilitate the structures to meet all building and safety codes. City Clerk Krasney presented the photographs to Mr. Hindley and Mr. Peters for review. Danny Nolfo, Code Compliance Officer, Planning and Building Services, stated that when he took the pictures, he was granted access to the property for that purpose. Mr. Peters stated that he had previously verbally notified the City that no inspectors are allowed on the property without 24 10/21/91 his permission. Senior Assistant City Attorney Morillo suggested Mayor and Council disregard the photographs, and determination without use of the photographs. that the make a CITY ATTORNEY PENMAN RETURNED At 3:28 p.m., City Attorney Penman returned to the Council meeting and replaced Senior Assistant City Attorney Morillo. City Attorney Penman recommended that the hearing be continued for two weeks, and that a new inspection be conducted, with the owner's permission. He asked Mr. Peters if the City had permission to enter the property, in the next seventy-two hours, to perform an inspection of the premises. Mr. Hindley questioned the need to conduct the inspection of the premises within the next seventy-two hours. Mr. Penman stated that a new inspection of the premises was necessary in order to resolve the appeal. He stated that if Mr. Peters denied the City permission to enter the property to inspect it within the next seventy-two hours that a warrant would be requested from the Court. Council Member Minor made a substitute motion, seconded by Council Member Miller, that the hearing for an appeal of the Board of Building Commissioners findings to require the property owner to meet the required health and safety standards, and to rehabilitate the structures to meet all building and safety codes, be continued to November 4, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, in order to allow the City to preform a new inspection of the premises. The substitute motion carried by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: Council Member Estrada. Absent: None. APPEAL BOARD OF BUILDING COMMISSIONERS CORRECT HEALTH AND SAFETY VIOLATIONS AND REHABILITATE STRUCTURES - 1246 WEST RIALTO AVENUE - EDWARD DUKE- CONTINUED FROM OCTOBER 7, 1991 (37) This is the time and place continued to for consideration of an appeal of the Board of Building Commissioners' findings to require the property to meet health and safety standards, and to rehabilitate the structure to the 1988 Uniform Housing Code. In a memorandum dated October 16, 1991, Larry Reed, Assistant Director, Planning and Building Services, stated that the appellant, Mr. Edward Duke, felt that the requirements are 25 10/21/91 arbitrary and capr~c~ous and should be waived. He agreed to correct some of the violations; however, denied that he is legally required to correct other violations. Mr. Duke believes that he has an existing non-conforming situation. In a memorandum dated October 20, 1991, Joseph Lease, Senior Building Inspector, Planning and Building Services, stated that he met with Mr. Duke and discussed the deficiencies noted in the pre-inspection report, the applicability of the Uniform Housing Code and the City's property maintenance ordinance to the property. Mr. Duke expressed willingness to rehabilitate the structures to the City's requirements. Mayor Holcomb opened the hearing. Al Boughey, Director of Planning and Building Services, stated that the concerns of staff and Mr. Duke have been resolved, and suggested that the amended recommendation of the Board of Building Commissioners be approved. Mr. Duke stated that he agreed with the amended recommendations requiring work to be performed on four remaining items. He requested that the inspector who performed the original inspection not be allowed to reinspect the property. Mr. Lease stated that the required work would take approximately thirty to forty-five days to complete. Council Member Hernandez made a motion, seconded by Council Member Reilly, and unanimously carried, that the amended recommendation of the Board of Building Commissioners be approved, and that a report be brought back to Council in thirty days. CITY ATTORNEY PENMAN EXCUSED City Attorney Penman left replaced by Senior Assistant City the Council meeting Attorney Morillo. and was APPEAL TENANTS, STREET - BOARD OF BUILDING COMMISSIONERS REMOVE FENCE AND OTHER DEBRIS - 1098 MAURICE PETERS VACATE W. 5TH (38) This is the time and place set to hear an appeal of the Board of Building Commissioners findings to require the property owner to meet the required health, building and safety codes. In a memorandum dated October 10, 1991, Larry Reed, Assistant Director, Planning and Building Services, stated that the appellant, Mr. Maurice Peters, felt that the requirements are arbitrary or excessive and should be waived. Senior Assistant City Attorney Morillo asked Mr. Peters 26 10/21/91 whether he would allow a new inspection of the property. Mr. Peters granted his permission for the City to re-inspect the premises located at 1098 West Fifth. Council Member Pope-Ludlam made a motion, seconded by Council Member Minor, that the appeal of the Board of Building Commissioners' findings to require the property located at 1098 W. 5th Street to meet required health, building and safety codes, be continued to November 4, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, in order to allow a new inspection of the premises. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Nays: Council Member Estrada. Absent: None. Council Miller. COUNCIL MEMBER MILLER EXCUSED At 3:39 p.m., Council Member Miller left the council meeting. APPEAL - BOARD OF BUILDING COMMISSIONERS - $8,071.25 - COST OF ABATEMENT - 1432-1446 STREET - JIM JONES REIMBURSE NORTH "G" (39) This is the time and place set to hear an appeal of the Board of Building Commissioners' findings to require the owner to pay costs in the amount of $8,071.25; to keep the vacant building boarded and secure; to keep the premises free of debris, trash, and graffiti; and that the owner shall not rent, lease or occupy the property until all necessary permits are obtained and the property meets 1988 Housing Code Standards. In a memorandum dated October 10, 1991, Larry Reed, Assistant Director, Planning and Building Services, stated that the appellant, Mr. Jim Jones, requested that charges be waived due to misrepresentation, and the administrative costs be assessed to the contractor. Jim Jones explained that the contractor charged for boarding one hundred and two windows and thirteen security doors, however, the complex has only eleven units with a total of only ninety-two windows. He presented photographs that show that a portion of the units had previously been boarded up. He felt that only fifty percent of the board up had been performed by the contractor. Debra Daniels, Acting Code Compliance Supervisor, Planning and Building Services, explained that the contractor who performed the board up services indicated that several of the window boards were not secure and needed to be resecured. The contractor stated that the bill is correct for the work done. 27 10/21/91 Mr. Jones explained that he is not disputing that work was performed, but was disputing the extent of the board up work performed. It was recommended that the hearing be continued for two weeks, and that the contractor be present to discuss the work performed and the charges. Council Member Hernandez 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 pay costs in the amount of $8,071.25; to keep the vacant building boarded and secure; to keep the premises free of debris, trash, and graffiti; and that the owner shall not rent, lease or occupy the property until all necessary permits are obtained and the property meets 1988 Housing Code Standards, for the property located at 1432-1446 North "G" Street, be continued to November 4, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, and that the contractor be present to discuss the work performed and the charges. SENIOR ASSISTANT CITY ATTORNEY MORILLO EXCUSED Senior Assistant City Attorney Morillo left the Council meeting and was replaced by Deputy City Attorney Empeno. APPEAL BOARD OF BUILDING COMMISSIONERS REQUIRE SOILS AND ENGINEERING REPORTS, PERMITS AND ACCESS TO THE PROPERTY - 3618 HEMLOCK - JANET SUMMERFIELD (40) This is the time and place set to hear an appeal of the Board of Building Commissioners' findings to require soils and engineering reports, obtain all building permits wi thin thirty days, and to allow City Inspectors onto the property located at 3618 Hemlock to perform inspections within ten days. In a memorandum dated October 10, 1991, Larry Reed, Assistant Director, Planning and Building Services, reported that the appellant, Janet Summerfield, requested through legal counsel, Darlene Phillips, that the Council waive requirements that they believe to be arbitrary, capricious, discriminatory, and without reasonable foundation. In a letter dated October 21, 1991, Darlene Phillips, Hill, Farrer & Burrill, Attorneys at Law, Thirty-Fifth Floor, Union Bank Square, 445 S. Figueroa St., Los Angeles, California, attorney for Janet Summerfield, stated that Mrs. Summerfield objected to the City's unlawful and unconstitutional procedures which resulted in the proceeding. Ms. Phillips stated that the unsupported "evidence" used to sustain the Board of Building Commissioners' decision and the decisions rendered to date are without any foundation. 28 10/21/91 Ms. Phillips submitted the following letters in support of her client: a letter dated September 5, 1991, from David Hatfield, Licensed Architect, 5055 David Way, San Bernardino, California; a letter dated October 18, 1991, from Moloy Gupta, Registered Professional Engineer, Soils Southwest, Inc., 897 Via Lata, Suite J, Colton, California; and letters dated October 19, 1991 and September 19, 1991, from Jonathan L. Rossi, Consulting Geologist, P. O. Box 4018, Big Bear Lake, California. Deputy City Attorney Empeno distributed photographs of the property, and explained that the photographs were taken from neighboring properties. He stated that there are several neighboring property owners present willing to testify: Gene Pensiero, Julie Gaitan, Nancy Sellas, Mr. and Mrs. Bob Langston. Danny Nolfo, Code Compliance Officer, Planning and Building Services, explained that he received a complaint from Mr. Morales, Construction Inspector, Public works/Engineering, regarding construction work being performed at 3618 Hemlock. He stated that he visited the property and took photographs. He stated that he then sent the photographs to Mrs. Summerfield giving her ten days to correct the problems. Mr. Morales, Construction Inspector, Public Works/ Engineering, stated that he received a call from a concerned citizen inquiring whether a permit had been issued for the work being performed at the site. He stated that he researched and found that no permits had been issued for the address. He stated that he then notified Code Enforcement. Ms. Phillips voiced her objection to the photographs, stating that they do not reflect the present conditions on the property. She stated that all of the photographs utilized at the Board of Building Commissioners' hearing have not been made available to her client. She stated that the dirt shown in the photographs had been moved to another location where it does not threaten other properties. She stated that on July 30, 1991, her client met with Mr. Nolfo at which time it became apparent that she needed to obtain reports from a soils engineer and a licensed engineering geologist, and requested a thirty-day extension, which was denied. Ms. Phillips submitted reports from the geologist and engineer to the City Clerk. Deputy City Attorney Empeno stated that the primary emphasis of the inspection would be to inspect the grading, whether construction activity had been performed, and whether permits had been obtained for the work. He stated that there is evidence that construction was occurring in the house, and felt that an inspection was necessary. He requested that Mrs. Summerfield or her representative explain the type of activity occurring on the site. 29 10/21/91 Darlene Phillips stated that Mr. Hatfield had inspected the property and that there was no evidence of construction inside the house. She stated that there is no retaining wall on the premises. She explained that a foundation had been poured with the intent of constructing a retaining wall, but since having the reports from both the engineering geologist and soils engineer, the appellant had determined not to construct the retaining wall because it was not necessary. Ms. Phillips read portions of the report from Jonathan Rossi, Consulting Geologist. Discussion ensued regarding the need to obtain a permit for the proposed retaining wall. Ms. Phillips stated that she was not aware of any requirement to obtain a permit, and that a block wall foundation had been poured, but the wall had not been constructed. Deputy City Attorney Empeno stated that the trenching work performed for the block wall foundation was within the Uniform Building Code requirements that mandate a building permit. Deputy City Attorney Empeno presented a written statement from Mr. Sturn, who resides as 3617 Hemlock Drive, San Bernardino, California, which outlined his concerns relating to Mrs. Summerfield's property. Gene Pensiero, 3648 N. Hemlock Drive, San Bernardino, California, expressed concern relating to the activity occurring at Mrs. Summerfield's property. Bob Langston, 3606 N. Hemlock Drive, San Bernardino, California, stated that he is a licensed general contractor. He stated he has seen up to fourteen truck loads of dirt being removed from the property. He expressed concern that dirt and large boulders have come onto his property from the Summerfield property. The boulders have cracked the concrete in his driveway and he felt that a dangerous situation existed. Nancy Sellas, 3635 N. Juniper Drive, California, voiced her concerns relating to occurring at Mrs. Summerfield's property. San Bernardino, the construction COUNCIL MEMBER MILLER RETURNED At 4:23 p.m., Council Member Miller returned to the Council meeting and took her place at the council table. Julia Gaitan, 3636 N. Hemlock Drive, California, stated her concern regarding the occurring at Mrs. Summerfield's property. San Bernardino, construction work 30 10/21/91 COUNCIL MEMBER POPE-LUDLAM EXCUSED At 4:24 p.m., Council Member Pope-Ludlam left the council meeting. Darlene Phillips explained that landscaping had recently been installed at the location. She explained that the Uniform Building Code exempts obtaining a permit for grading in an isolated self-contained area where there is no danger to public or private property. Mayor Holcomb recommended that the hearing be continued for two weeks to allow for a new inspection and photographs to be taken of the premises. Deputy City Attorney Empeno recommended against continuing the hearing for two weeks. He stated that the property owner had failed to obtain permits or to make application for permits, and had denied the City access to the premises for inspection. Council Member Reilly made a motion, seconded by Council Member Maudsley, that the Mayor and Common Council deny the appeal and uphold the findings of the Board of Building Commissioners requiring soils and engineering reports, and all permits within thirty days, and allow City Inspectors access to the property for inspection within ten days. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Maudsley, Minor. None. Absent: Council Member Pope-Ludlam. Abstain: Member Miller. Council Nays: Council Deputy City Attorney Summerfield was refusing conduct an inspection. Empeno asked Ms. the City entry to Phillips if Mrs. the property to Ms. Phillips stated that her client refused the City entry to the property. Deputy City Attorney Empeno explained that the City would request a warrant from the court to allow an inspection of the property. RECESS MEETING At 4:30 p.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 4: 37 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. 31 10/21/91 ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor; Deputy City Attorney Empeno, City Clerk Krasney. Absent: Council Members Estrada, Pope-Ludlam, Miller; City Administrator Clark. PUBLIC HEARING GENERAL CHANGE LAND USE DESIGNATION TO CG-1, COMMERCIAL GENERAL PLAN AMENDMENT NO. FROM IL, INDUSTRIAL 90-09- LIGHT, (41) This is the time and place set for a public hearing to consider General Plan Amendment No. 90-09, Parcel Map No. 14067, and Conditional Use Permit No. 91-07, to change the land use designation from IL, Industrial Light to CG-1, Commercial General on nine contiguous parcels comprising approximately 2.8 acres. In a memorandum dated September 30, 1991, Larry Reed, Assistant Director, Planning and Building Services, stated that General Plan Amendment (G.P.A.) No. 90-09 was being processed concurrently with Parcel Map. No. 14067 and Conditional Use Permit (C.U.P.) No. 91-07. C.U.P. No. 91-07 is a development proposal to construct a 24-hour self-service gas station/mini- market with the sale of beer and wine for off-site consumption, a five bay car wash and a building for auto related uses. The parcel map would consolidate the nine substandard parcels into one. The site is located at the northeast corner of Inland Center Drive and "I" Street. The Environmental Review Committee reviewed the initial studies for G.P.A. No. 90-09 and C.U.P. No. 91-07 and recommended that a negative declaration be adopted. The Planning Commission considered G.P.A. No. 90-09, C.U.P. No. 91-07 and Parcel Map No. 14067 at its meeting of September 17, 1991. The recommendation regarding G.P.A. No. 90-09 was to adopt the negative declaration, and the amendment request to change the land use designation to CG-1, Commercial General. The recommendation regarding C.U.P. No. 91-07 and Parcel Map No. 14067 was to adopt the negative declaration, approve Parcel Map No. 14067 with conditions, approve C.U.P. No. 91-07 with conditions, and deny the request for sale of beer and wine for off-site consumption. Mayor Holcomb opened the hearing. RES. 91-439 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 90-09 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (41) 32 10/21/91 Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that the hearing be closed; that the resolution for General Plan Amendment No. 90-09 be adopted; that the negative declaration for Parcel Map No. 14067 and Conditional Use Permit No. 91-07 be adopted; and that Parcel Map No. 14067 be approved (with conditions). Resolution No. 91-439 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor. Nays: None. Absent: Council Members Estrada, Pope-Ludlam, Miller. PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 91-04 AMENDING SECTIONS 19.22.060 AND 19.22.080 - OFF-SITE SIGNS ON STRUCTURES WITHIN THE PUBLIC RIGHT-OF-WAY- APPROVED LICENSING AGREEMENT (42) This is the time and place set for a public hearing to amend Municipal Code (The Development Code) Sections 19.22.060 and 19.22.080 to permit the addition of off-site signs on structures within the public right-of-way, such as bus shelters, if there is an approved licensing agreement with the City. In a memorandum dated September 23, 1991, Larry Reed, Assistant Director, Planning and Building Services, stated that the Planning Commission considered proposed Development Code Amendment No. 91-04 at its September 17, 1991 meeting, and recommended approval. The Environmental Review Committee considered the proposed amendment at its meeting of July 25, 1991, and recommended that a negative declaration be adopted. Mayor Holcomb opened the hearing. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.22.060(K) AND ADDING SECTION 19.22.080(3) TO THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) ALLOWING OFF-SITE SIGNS ON PUBLIC PROPERTY IF THERE IS AN APPROVED LICENSING AGREEMENT WITH THE CITY. First (42) Council Member Reilly made a motion, seconded by Council Member Hernandez, and unanimously carried, that the hearing be closed; that said ordinance amending San Bernardino Municipal (Development Code) Code Sections 19.22.060 and 19.22.080 be laid over for final passage; and that the negative declaration be adopted. CITY ATTORNEY PENMAN RETURNED At 4:38 p.m., City Attorney Penman returned to the Council meeting and replaced Deputy City Attorney Empeno. 33 10/21/91 COUNCIL MEMBERS POPE-LUDLAM AND MILLER RETURNED At 4:39 p.m., Council Members Pope-Ludlam and Miller returned to the Council meeting and took their places at the council table. AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS 19.72.030(4) AND (5) TO THE SAN BERNARDINO MUNICIPAL CODE TO PERMIT A VARIANCE FOR LESS THAN THE REQUIRED MINIMUM DWELLING SIZE FOR SINGLE FAMILY DWELLINGS IN CERTAIN URBANIZED AREAS AND DECLARING THE URGENCY THEREOF. Uraency (AS-1) A discussion was held regarding in-fill housing standards, and the required minimum square footage of single family homes in the City. Mayor Holcomb explained that this Development Code amendment would allow the Planning Commission to grant variances allowing single family homes to be built with less than the required minimum dwelling size in certain areas of the City. COUNCIL MEMBER ESTRADA RETURNED At 4:49 p.m., Council Member Estrada returned to the Council meeting and took her place at the council table. Al Boughey, Director, Planning and Building Services, explained that the Development Code currently requires that single-family dwellings have a minimum average livable area of 1,700 square feet, and a minimum livable area of 1,200 square feet. It is proposed to allow a variance when seventy-five percent of the immediate surrounding area had been developed within 1,000 square feet of the site. Dave Claudon, Project Manager, Blackman Construction, 6864 Indiana Avenue, Suite #202, Riverside, California, stated that the proposed project would not be viable if he is required to build homes with an average of 1,700 square feet. City Attorney Penman explained that this ordinance meets the definition of a zoning ordinance according to the government code. Therefore, CEQA applies and its procedures, which takes approximately ninety days, must be complied with. Council Member Hernandez made a motion to table. The motion died for the lack of a second. Council Member Minor made a motion, seconded by Council Member Reilly, and unanimously carried, that the ordinance be continued, and that the process for CEQA compliance be started. 34 10/21/91 AUTHORIZATION - REIMBURSE $133 - CLUB - FEES PAID IN CONJUNCTION PARADE CAJON COWBOY BOOSTER WITH 1991 HOMECOMING (AS-2) In a memorandum dated October 18, 1991, Shauna Clark, City Administrator, stated that a request had been received from the Cajon Cowboy Booster Club to waive the fees associated with its 1991 Homecoming Parade which was held Friday, October 18, 1991. The Booster Club requested that fees be waived in the amount of $500. The parade route was modified and the length of the parade changed, and therefore the fees now total $133. Council Member Estrada made a motion, seconded by Council Member Reilly, that the Cajon Cowboy Booster Club be reimbursed in the amount of $133 for fees paid in conjunction with its 1991 Homecoming Parade held, Friday, October 18, 1991. The Members Miller. motion carried by the following vote: Ayes: Council Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam, Nays: Council Member Minor. Absent: None. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 5:17 p.m., Council Member Pope-Ludlam left the council meeting. APPROVE USE OF FISCALINI NOVEMBER 30, 1991 FOR PROFESSIONAL BOXING EVENT FIELD ON NOVEMBER 2 AND NON-BASEBALL ACTIVITY- (S-I) In a memorandum dated October 16, 1991, Annie Ramos, Director, Parks, Recreation and Community Services, stated that the Spirit organization requested the use of Fiscalini Field for a non-baseball event on November 2 and 30, 1991. The event would feature professional boxing, supervised and controlled by the California State Athletic Commission. Council Member Reilly made a motion, seconded Member Maudsley, and unanimously carried, that Baseball Club's request for use of Fiscalini Field on and 30, 1991, for professional boxing, be approved. by Council the Spirit November 2, COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING 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. PUBLIC HEARING - PACIFIC FEDERAL BUILDING ACQUISITION- 701 AND 767 NORTH "E" STREET (R-S-l) In a memorandum dated October 16, 1991, Kenneth Henderson, Executive Director, EDA/Development Department, stated that the Development Department proposes to purchase the property known as 35 10/21/91 the Pacific Federal Building located at 701 and 767 North "E" Street, including certain vacant parcels and parking areas bounded on the west by "E" Street, on the south by 7th Street, and on the east by "D" Street. The property would be purchased at a cost not to exceed $3,520,000 from the current owners, San Gorgonio Land Company, Inc. The property would be acquired for use as the City of San Bernardino Police Department Headquarters. It is proposed to use tax increment revenues for the acquisition. Mr. Henderson distributed a handout entitled "Use of Project Area Bond Proceeds", dated October 21, 1991. The handout updated the status of bond proceeds, expenditures, and unallocated balances for the State College, Central City North, Southeast Industrial Park, Northwest, South Valle, Tri City, and Uptown Project Areas. Mayor Holcomb opened the public hearing. RES. 91-440 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE ACQUISITION OF CERTAIN PROPERTY FOR POLICE DEPARTMENT USES AND MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO VARIOUS REDEVELOPMENT PROJECT AREAS OF SUCH ACQUISITION. (RS-IB) John Paul Elliott III, Inter Broker Marketing, Real Estate Broker, from Riverside, CA, presented an offer relating to the acquisition of the Pacific Federal property. He expressed concern relating to how the negotiations were conducted for the property. He recommended that the City hire a full time real estate broker who would conduct negotiations, and explained that the City of Riverside has this kind of arrangement. A discussion was held regarding the negotiations, and the previous actions taken relative to acquiring the property for use as the Police Department Headquarters. Senior Assistant City Attorney Barlow explained that the purpose of the public hearing is for the commission to decide whether or not to purchase the property. Council Member Member Minor, and hearing. Discussion ensued regarding whether the building would be adequate to meet the needs of the Police Department. Reilly made unanimously a motion, seconded by Council carried, to close the public Police Chief Robbins explained that the Department had not made a comprehensive study of the facility; however, staff had 36 10/21/91 toured the building and felt that it would meet the department's needs. He explained that the majority of government agencies the department deals with on a day-to-day basis are centrally located in the downtown area; however they would be relocating out of the City of San Bernardino over the next five to ten years. He explained that units are deployed on a shift-by-shift basis to the area where they patrol and respond to calls. A discussion was held relative to a study performed several years ago relating to where to locate the department's headquarters, and what the cost would be to rehabilitate the building to meet the department's needs. COUNCIL MEMBER POPE-LUDLAM RETURNED At 5:57 p.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. Shauna Clark, City Administrator, stated that her office was preparing the Request for Proposals for a space allocation study which would involve determining the size and lay-out of the facility; an adjacency study, to determine which departments need to be located next to each other, and other related concerns. Mayor Holcomb explained that to build from the ground would require five or more years before the Police Department could relocate. He stated that relocating the Police Department is paramount to the success of the proposed Rancon project. A discussion was held regarding the previous Council action relative to the proposed purchase. Council Member Miller made a motion, seconded by Council Member Minor, and unanimously carried, that the Police Department be relocated to the Pacific Federal Building located at 701 and 767 North "E" Street. Discussion ensued regarding the negotiations, purchase price and commission costs. The question was raised as to the length of time the building could potentially serve the department. Council Member Minor made a motion, seconded by Council Member Reilly, that the acquisition of property located at 701 and 767 North "E" Street for use by the Police Department, in an amount not to exceed $3,520,000 be authorized; and that said resolution be adopted. Frank Schnetz, F. E. Schnetz Brokerage and Development, 215 N. "D" Street, Suite #200, San Bernardino, California, explained that was he was the broker for San Gorgonio Land Company during the negotiations with Resolution Trust Corporation. He stated that his referral fee was paid by San Gorgonio Land Company, not 37 10/21/91 the City of San Bernardino. Mayor Holcomb read a letter from Emerson International, 15301 Ventura Boulevard, Suite #424, Sherman Oaks, California, which reads in part as follows: "I would like to clarify the correspondence you received October 4, 1991 from J. Paul Elliott, our current listing broker. Mr. Elliott inferred the City could purchase the referenced property through Inter Broker Marketing and receive a credit of one half the sales commission which would equal $70,000. In this correspondence he states that the City's acquisition costs would be $70,000 lower than the escrow. Mr. Elliott's calculations are mistaken. The facts are as follows the listing agreement between Emerson International and Mr. Elliott for which the existing purchase contract is exempt is for $ 3, 800, 000 . Mr. Elliott our broker agent does not have the authority to sell the property at a lower price without our concurrence." Resolution Ayes: Council Ludlam, Miller. No. 91-440 was adopted by the following Members Estrada, Reilly, Maudsley, Minor, Nays: Council Member Hernandez. Absent: vote: Pope- None. Concern was expressed that policies should be developed which outline the procedures governing property acquisition, and it was recommended that the draft document be submitted to the Redevelopment Committee for review. RECESS MEETING At 6:18 p.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 6: 2 6 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 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 (1 & R-9) At 6:32 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: 38 10/21/91 b. to consider personnel matters pursuant to Government Code Section 54957; and 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: CLOSED SESSION At 6: 32 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, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney. Absent: City Administrator Clark. Also present were: Timothy Steinhaus, Agency Administrator, Economic Development Agency; Kenneth Henderson, Executive Director, EDA/Development Department; Senior Assistant City Attorney Barlow; Charles Green, Sabo & Green, 6320 Canoga Avenue, Suite 400, Woodland Hills, California, bond counsel to the Economic Development Agency. COUNCIL MEMBER MAUDSLEY EXCUSED At 6:33 p.m., Council Member Maudsley left the Closed Session. ECONOMIC DEVELOPMENT AGENCY STEINHAUS, EDA/DEVELOPMENT DEPARTMENT EXECUTIVE DIRECTOR HENDERSON AND CHARLES GREEN EXCUSED At 6:50 p.m., Timothy Steinhaus, Economic Development Agency; Kenneth Director, EDA/Development Department, and Green left the closed session. Agency Administrator, Henderson, Executive Charles Green, Sabo & ADJOURN CLOSED SESSION At 7:12 p.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 7:12 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. 39 10/21/91 ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: Council Member Maudsley. PERSONNEL ACTIONS CONTINUED FROM EARLIER MEETING - SEE PAGE 13 IN THE (14) Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated October 10, 1991, in accordance with all administrative regulations of the City of San Bernardino, be approved. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 7:15 p.m., Council Member Pope-Ludlam left the council meeting. ADJOURNMENT (43) At 7:20 p.m., Council Member Estrada made a motion, seconded by Council Member Hernandez, and unanimously carried, that the meeting be adjourned to 8:30 a.m., Monday, November 4, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL KRASNEY City Clerk By ~/~~~'" ~'G Melanie Vale Deputy City Clerk No. of Items: 61 No. of Hours: 11 40 10/21/91