HomeMy WebLinkAbout11-18-1991 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
REGULAR MEETING
NOVEMBER 18, 1991
COUNCIL CHAMBERS
The regular meeting of the Mayor and Common Council of the
City of San Bernardino was called to order by Mayor Holcomb at
8:31 a.m., in the Council Chambers of City Hall, 300 North "0"
Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Krasney with the following
being present: Mayor Holcomb; Council Members Reilly, Hernandez,
Maudsley, Minor, Miller; Senior Assistant City Attorney Morillo,
City Clerk Krasney, City Administrator Clark. Absent: Council
Members Estrada, Pope-Ludlam.
RECESS MEETING - CLOSED SESSION (1)
At 8: 31 a . m., the Mayor and Common Counc il and Community
Development Commission recessed to closed session for the
following:
a. to give instruction to the City's/Commission's
negotiator on the purchase of property pursuant to
Government Code Section 54956.8. The real property
which the negotiations concern is generally located at:
.
,
b. to consider personnel matters pursuant to Government
Code Section 54957;
c. to meet with designated representatives regarding labor
relations matters pursuant to Government Code Section
54957.6;
d. to confer with the Chief of Police on matters posing a
threat to the security of public buildings or a threat
to the public's right of access to public services or
public facilities pursuant to Government Code Section
54957;
e.
to confer with the
litigation pursuant to
54956.9(b)(1), as there
litigation;
attorney regarding pending
Government Code Section
is significant exposure to
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11/18/91
f.
to confer with the attorney regarding
Ii tigation 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:
City of San Bernardino vs. San Bernardino Baseball Club.
Inc. - San Bernardino Superior Court Case No. 239193;
Stubblefield Construction Company. 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. City of San Bernardino. et al-
United States District Court Case No. SA 88-461 AHS (RWRx);
City of Redlands vs. Inland Valley Development Aaencv. et al
- San Bernardino Superior Court Case No. 255222;
Countv vs. Citv 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;
City of San Bernardino vs. Patrick Media/Gannett Outdoor. et
al - Riverside Superior Court Case No. 205749;
Citv of San Bernardino vs. San Bernardino Steel San
Bernardino Superior Court Case No. 261904;
Crain vs. City of San Bernardino - San Bernardino Superior
Court Case No. 229990;
Ci tv of San Bernardino vs. Libertv Cable T. V.. et al-
United States District Court Case No. 82-6876 WMB;
Citv of San Bernardino vs. Countv of San Bernardino. et al-
Riverside Superior Court Case No. 207900;
Hesterlev vs. City of San Bernardino
Superior Court Case No. 260468;
San Bernardino
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Tomas Armendariz. et al vs. James F. Penman. et al - United
States District Court Case No. 91-5757 CMB (WRx);
Brenn vs. Hernandez/City of San Bernardino - San Bernardino
Superior Court Case No. 263047.
CLOSED SESSION
At 8:31 a.m., Mayor Holcomb called the closed session to
order in the conference room of the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Krasney with the following
being present: Mayor Holcomb; Council Members Reilly, Hernandez,
Maudsley, Minor, Miller; City Attorney Penman, City Clerk
Krasney. Absent: Council Members Estrada, Pope-Ludlam; City
Administrator Clark.
Also present: Senior Assistant City Attorney Morillo,
Deputy City Attorney Roth, Deputy City Attorney Simmons, and
Margaret Scroggin, Administrative Operations Supervisor, City
Attorney's Office; Barbara Dillon, Director of Personnel.
COUNCIL MEMBER
At 8:42 a.m.,
closed session.
POPE-LUDLAM ARRIVED
Council Member Pope-Ludlam
arrived
at the
CITY ADMINISTRATOR CLARK ARRIVED
At 8:44 a.m., City Administrator Clark arrived at the closed
session.
COUNCIL MEMBER ESTRADA ARRIVED
At 8:48 a.m., Council Member Estrada arrived at the closed
session.
SENIOR ASSISTANT CITY ATTORNEY MORILLO AND DEPUTY CITY
ATTORNEY SIMMONS EXCUSED
At 8:52 a.m., Senior Assistant City Attorney Morillo and
Deputy City Attorney Simmons left the closed session.
MARGARET SCROGGIN, ADMINISTRATIVE OPERATIONS
SUPERVISOR, CITY ATTORNEY'S OFFICE EXCUSED
At 8:55 a.m., Margaret Scroggin, Administrative Operations
Supervisor, City Attorney's Office, left the closed session.
BARBARA DILLON, DIRECTOR OF PERSONNEL EXCUSED
At 9:07 a.m., Barbara Dillon, Director of Personnel left the
closed session.
CITY ADMINISTRATOR CLARK EXCUSED
At 9:10 a.m., City Administrator Clark left the closed
session.
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11/18/91
READING OF RESOLUTIONS AND ORDINANCES
Deputy City Clerk Vale read the titles of all the
resolutions and ordinances on the regular, supplemental and
Community Development Commission agendas while the Council was in
closed session.
ADJOURN CLOSED SESSION
At 9:26 a.m., the closed session adjourned to the regular
meeting of the Mayor and Common Council in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino California.
RECONVENE MEETING
At 9:27 a.m., Mayor Holcomb reconvened the regular meeting
of the Mayor and Common Council of the City of San Bernardino in
the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
ROLL CALL
Roll call was taken by Deputy City Clerk Vale with the
following being present: Mayor Holcomb; Council Members
Hernandez, Maudsley, Minor, Miller; City Attorney Penman, Deputy
City Clerk Vale, City Administrator Clark. Absent: Council
Members Estrada, Reilly, Pope-Ludlam.
INVOCATION
The invocation was given by Phil Arvizo, Executive Assistant
to the Council.
PLEDGE OF ALLEGIANCE
The presentation of colors and pledge of allegiance was led
by the Junior Police Academy from Lytle Creek Elementary School.
COUNCIL MEMBERS
RETURNED
At 9:31 a.m.,
Ludlam returned to
the council table.
ESTRADA,
REILLY
AND
POPE-LUDLAM
Council Members Estrada, Reilly and Pope-
the Council meeting and took their places at
ANNOUNCEMENT COUNCIL MEMBER MILLER
OFFENDER COMMUNITY ASSISTANCE PROGRAM
JUVENILE
(2)
Council Member Miller stated that the County Probation
Department has established a program for young juvenile offenders
on probation. The program trains the youth for ten weeks to work
under supervision assisting the elderly with such tasks as yard
maintenance and house painting. The program requires that
recipients be either physically or financially in need. She
urged all interested residents to contact the Probation
Department for more information.
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11/18/91
COMMENDATION
ASSISTANCE
FIRE ENGINEER BENNETT
MEDICAL AID
(4)
J. Lorraine Velarde, Executive Assistant to the Mayor,
stated that on October 11, 1991 Captain Reinhart, City Fire
Department, responded to a medical aid call at 1251 W. 26th
Street. Upon arrival Captain Reinhart found that City Fire
Department Engineer Howard Bennett and another bystander were
administering CPR to a man injured in a car accident. Captain
Reinhart explained that a citizen who had observed the accident
determined that the victim was not breathing. This citizen,
knowing that Engineer Bennett was a City Fireman and lived
nearby, summoned him. Engineer Bennett responded to the incident
and commenced administering CPR. This victim is still alive
today due to the actions taken by Engineer Bennett.
City Fire
commendation.
Department
Engineer Bennett
accepted the
COMMENDATION SIGMA CHI
CHAPTER - CALIFORNIA STATE
CALTRANS - FREEWAY MURALS
FRATERNITY IOTA ALPHA
UNIVERSITY SAN BERNARDINO-
(4)
J. Lorraine Velarde, Executive Assistant to the Mayor,
stated that Planning and Building Services Department wishes to
recognize the efforts of the Sigma Chi Fraternity, Iota Alpha
Chapter at California State University, San Bernardino and
Caltrans who propose to paint two murals within the Caltrans
right-of-way at the I-215 Freeway, University Parkway transition
lane.
Scott Neirdorf, Sigma Chi
California State University,
commendation.
Fraterni ty, Iota Alpha Chapter,
San Bernardino accepted the
COMMENDATION - OPTIMIST CLUB - YOUTH APPRECIATION WEEK
- NOVEMBER 18 - 22, 1991 (4)
J. Lorraine Velarde, Executive Assistant to the Mayor,
stated that many youth are concerned, knowledgeable and
responsible citizens who deserve recognition for their
accomplishments and achievements, and the praise of their elders.
Since 1954 Optimist Club International has promoted a program
entitled "Youth Appreciation Week". She stated that the City has
proclaimed November 18 - 22, 1991 as "Youth Appreciation Week".
Pete Corcorvelos,
Patton, San Bernardino
commendation.
San Bernardino Optimist Club and John
High School Optimist Club accepted the
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11/18/91
INNOVATIVE AWARDS PROGRAM - FIRST QUARTER 1991 (4)
J. Lorraine Velarde, Executive Assistant to the Mayor,
explained that the Innovative Awards Program began in July, 1991.
The objectives of the program are: to reward innovations and
ideas by City Departments and individual City employees, to
promote a work environment for employees to try new ideas, and to
encourage cooperative working relationships among City
Departments and employees. The following awards are presented
for the first quarter:
Department Award (Tie)
Police Department - The award goes to the Junior Police
Academy at Lytle Creek Elementary School which educates children
about the criminal justice system with the goal of keeping
children off drugs, out of gangs, and helping them to become
productive citizens.
Police Chief Robbins, Sgt.
Jennifer Kaufman, and the members
accepted the award.
Major Gunter Griebau, Sgt.
of the Junior Police Academy
Animal Control - The award goes to the Dog Licensing Deposit
System which streamlines operations and improves customer
service.
Debra Biggs, Director of Animal Control and Yoshima Turner,
Senior Animal License Clerk, accepted the award.
Individual Award
Library - The award goes to Sylvia Alva, Junior Librarian, a
part time employee. Sylvia's efforts have increased the
visibility of the library as a center for community programs,
information, learning and recreation.
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.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
At 9:48 a.m., Council Member Pope-Ludlam left the Council
meeting.
PUBLIC COMMENTS
(3)
Jim Lynas,
1160
E.
Sonora
Street,
San Bernardino,
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11/18/91
California, requested that the item relating to the Federal
Government taking property for the benefit of the San Manuel
Band of Mission Indians be discussed in open session to allow for
public comment.
WAIVE FURTHER READING OF RESOLUTIONS AND ORDINANCES (5)
Council Member Hernandez 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
(6)
Council Member Hernandez made a motion, seconded by Council
Member Miller, and unanimously carried, that the minutes of the
following meetings of the Mayor and Common Council of the City of
San Bernardino, be approved as submitted in typewritten form:
April 18, 1991, September 16, 1991, and October 7, 1991.
CHANGE ORDER NO. THREE EXCAVATION OF UNSUITABLE
MATERIAL - INSTALL FABRIC AND CRUSHED ROCK - REDLANDS
BOULEVARD AND WATERMAN AVENUE $27,879.04 CONTRACT
INCREASE - E.L. YEAGER CONSTRUCTION COMPANY, INC. (7)
In a memorandum dated November 5, 1991, Roger Hardgrave,
Director of Public Works/City Engineer, stated that project
plans require the removal of concrete pavement within the
intersection of Redlands Boulevard and Waterman Avenue. After
removal of the existing concrete pavement, the subgrade was found
to be unsuitable for subgrade for the new pavement. The Soils
Engineer recommended that twelve inches of subgrade material be
excavated, a geo-grid subgrade stabilizing mat placed and twelve
inches of 3/4" crushed rock be installed.
Change Order Number Three will increase the contract price
by $27,879.04, to a total estimated project cost of
$1,523,719.44. Caltrans has agreed to finance 86% of the cost of
this change order with Federal Highway Funds.
Council Member Hernandez made a motion, seconded by Council
Member Miller, and unanimously carried, that Change Order No.
Three to the contract with E. L. Yeager Construction Co., Inc.
for pavement rehabilitation on Waterman Avenue, from Redlands
Boulevard to Mill Street, in accordance with Plan No. 7679, be
approved; to authorize the contractor to excavate unsuitable
material, and install fabric and crushed rock, within the
intersection of Redlands Boulevard and Waterman Avenue, for an
increase in the contract price of $27,879.04; from $1,495,840.40
to $1,523,719.44.
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11/18/91
PROPOSED ANNEXATION - TERRITORY SOUTH OF 6TH STREET,
EAST OF WATERMAN AVENUE - AUTHORIZATION TO PROCEED (8)
In a memorandum dated November 6, 1991, Roger Hardgrave,
Director of Public Works/City Engineer, stated the City initiated
and recently attempted to annex the unincorporated territory east
of Waterman Avenue, between 3rd Street and 6th Street. The
proposal was defeated by a majority protest of registered voters
and a resolution terminating the proceedings was adopted.
The two areas submitted under this proposal are owned by the
City of Riverside, and represent large areas of the previously
attempted proposal. Since the City of Riverside did not indicate
any opposition to the proposal, this annexation proposal will
proceed as 100% landowner consent.
Council Member Hernandez made a motion, seconded by Council
Member Miller, that the Director of Public Works/City Engineer
and the City Clerk be authorized to proceed with the proposed
annexation of portions of the territory located south of 6th
Street, east of Waterman Avenue.
The motion carried by the following vote: Ayes:
Members Estrada, Reilly, Maudsley, Minor, Miller. Nays:
Member Hernandez. Absent: Council Member Pope-Ludlam.
Council
Council
CLAIMS AND PAYROLL
( 10)
Council Member Hernandez made a motion, seconded by Council
Member Miller, and unanimously carried, that the claims and
payroll, and the authorization of issued warrants as listed on
the memorandum dated November 12, 1991, from the Director of
Finance, be approved.
PERSONNEL ACTIONS
( 11)
Council Member Hernandez made a motion, seconded by Council
Member Miller, and unanimously carried, that the personnel
actions submitted by the Chief Examiner, dated November 4, 1991,
in accordance with all administrative regulations of the City of
San Bernardino, be approved.
JOINT POWERS FINANCING AUTHORITY - REGULAR MEETING (12)
Council Member Hernandez made a motion, seconded by Council
Member Miller, and unanimously carried, that the regular meeting
of the Joint Powers Financing Authority be adjourned to December
16, 1991.
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11/18/91
RES. 91-456 RESOLUTION OF THE CITY OF SAN
BERNARDINO, CALIFORNIA PROVIDING FOR THE ISSUANCE OF
$709,105.38 AGGREGATE PRINCIPAL AMOUNT OF ASSESSMENT
DISTRICT NO. 987 (VERDEMONT AREA) LIMITED OBLIGATION
IMPROVEMENT BONDS; APPROVING VARIOUS FINANCING
DOCUMENTS FOR SAID BONDS; APPROVING THE OFFICIAL
STATEMENT FOR SAID BONDS; AND APPROVING THE BOND
PURCHASE AGREEMENT. (14)
RES. 91-457 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
NIGERIAN ASSOCIATION OF SOUTHERN CALIFORNIA FOR THE
PROMOTION OF ARTS AND CULTURE. (15)
RES. 91-458 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BALLET
FOLKLORICO CULTURAL OF SOUTHERN CALIFORNIA FOR THE
PROMOTION OF ARTS AND CULTURE. (16)
RES. 91-459 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH INLAND
DANCE THEATERS, INC., OF SOUTHERN CALIFORNIA FOR THE
PROMOTION OF ARTS AND CULTURE. (17)
RES. 91-460 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH INLAND
MASTER CHORALE FOR THE PROMOTION OF ARTS AND CULTURE.
(18)
RES. 91-461 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
NATIONAL COUNCIL OF NEGRO WOMEN, INC., OF SOUTHERN
CALIFORNIA FOR THE PROMOTION OF ARTS AND CULTURE. (19)
RES. 91-462 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JUNIOR
UNIVERSITY, INC., OF SOUTHERN CALIFORNIA FOR THE
PROMOTION OF ARTS AND CULTURE. (20)
RES. 91-463 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND
COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND THE EAST VALLEY
REGIONAL COUNCIL ON AGING, SAN BERNARDINO COUNTY, FOR
THE PURPOSE OF PROVIDING COMPANIONSHIP AND PERSONAL
SERVICES TO CLIENTS IN THE EAST VALLEY SERVICE AREA BY
THE CITY OF SAN BERNARDINO SENIOR COMPANION PROGRAM.
(21)
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11/18/91
RES. 91-464 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
COUNTY OF SAN BERNARDINO RELATING TO THE ACQUISITION OF
ADDITIONAL RIGHTS-OF-WAY FOR THE IMPROVEMENT OF
FORTIETH STREET, FROM THIRD AVENUE TO ACRE LANE. (22)
RES. 91-465 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH REALCO
CONSULTANTS RELATING TO PROVIDING RIGHT OF WAY
ACQUISITION SERVICES AND FOR APPRAISAL SERVICES FOR THE
TIPPECANOE AVENUE WIDENING PROJECT. (23)
RES. 91-466 A RESOLUTION OF THE CITY OF SAN
BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC
CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED
MAINTENANCE OF LANDSCAPING IN THE AREA OF CAJON
BOULEVARD AND PEPPER LINDEN DRIVE, CREATING AN
ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID
MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 1005,
ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT,
INVESTIGATION AND LIMITATION ACT OF 1931 DOES NOT
APPLY. (24)
RES. 91-467 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART, "A
RESOLUTION PROHIBITING PARKING UPON CERTAIN
DESIGNATED STREETS OR ALLEYS, OR PORTIONS THEREOF .
." TO ESTABLISH A NO PARKING ANY TIME ZONE ON LITTLE
MOUNTAIN DRIVE, BETWEEN FOUR HUNDRED FEET SOUTH OF
BUSSEY STREET AND BOND STREET, APPLICABLE TO THE WEST
SIDE ONLY. (25)
Council Member Hernandez made a motion, seconded by Council
Member Miller, that said resolutions be adopted.
Resolution Nos. 91-456, 91-457, 91-458, 91-459, 91-460, 91-
461, 91-462, 91-463, 91-464, 91-465, 91-466 and 91-467 were
adopted by the following vote: Ayes: Council Members Estrada,
Reilly, Hernandez, Maudsley, Minor, Miller. Nays: None.
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.
APPROVAL OF PLANS - ADVERTISE FOR BIDS - TRUCK/CAR WASH
- CITY YARDS (9)
In a memorandum dated November 7, 1991, Roger Hardgrave,
Director of Public Works/City Engineer, stated that plans for the
installation of an automatic washing unit for vehicles in the
City's fleet have been prepared and the project is ready to be
10
11/18/91
--_.._'"----~---_._-".._-_..,,_..._,._~_._-----_..--_.-_...,.__._------_.._.._-~.._-_._.,. _.,..._~-_._----~-~_.,- ._._--_._--,.,-----_..._--_._~..,.----,-_._-
advertised for bids. The project consists of installing an
automatic washing unit near the fueling island in the City Yards.
Construction of block walls and utility connections are proposed
to be performed by City forces; however, can be contracted out if
desired. The total estimated project cost is $128,000, and funds
have been allocated in the 1991/92 Motor Pool Fund.
In a memorandum dated November 15, 1991, Roger Hardgrave,
Director of Public Works/City Engineer, stated that $128,300 in
bond proceeds were allocated to the Motor Pool Fund to finance
certain equipment in the 1991/92 budget. Currently, the total
annual cost for contract car washes is $81,700, and the estimated
annual savings is $69,500.
Council Member Estrada made a motion, seconded by Council
Member Miller, and unanimously carried, that the plans for
furnishing and installing an automatic truck/car washing unit, in
accordance with Plan No. 8606, be approved; that the Director of
Public Works/City Engineer be directed to advertise for bids; and
that Motor Pool Funds (Garage) be used.
COUNCIL MEMBER ESTRADA EXCUSED
At 9:57 a.m., Council Member Estrada left the Council
meeting.
RES. 91-468 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SAN
BERNARDINO INDUSTRIAL MEDICAL CLINIC RELATING TO PRE-
EMPLOYMENT MEDICAL SERVICES FOR POLICE AND FIRE SAFETY
AND SAFETY DISPATCHER EMPLOYEES. (13)
Concern was expressed that adequate funds should have been
available in the general fund for the physical examination of
police officers.
City Administrator Clark explained that funds were set aside
in the general fund for the physical examination of police
officers; however, additional police officers have been hired.
Consequently, $4,800 more than was budgeted is needed for this
purpose. She explained that the cost for hiring police officers
is drawn from the general fund.
Council Member Maudsley made a motion, seconded by Council
Member Minor, that said resolution be adopted.
Resolution No. 91-468 was adopted by the following vote:
Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope-
Ludlam, Miller. Nays: None. Absent: Council Member Estrada.
COUNCIL MEMBER ESTRADA RETURNED
At lO:OO a.m., Council Member Estrada returned to the
Council meeting and took her place at the council table.
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11/18/91
PUBLIC HEARING ESTABLISH $500 FEE
CHANGES - CONTINUED FROM OCTOBER 21, 1991
STREET NAME
(26)
This is the time and place continued to for a public hearing
to establish a fee of $500 for street name changes.
In a memorandum dated September 16, 1991, Roger Hardgrave,
Director of Public Works/City Engineer, stated that there is no
established legal proceeding for changing the name of a street.
However, a policy of notifying adjoining property owners,
residents, affected City Departments, and utilities has been
followed. Notification to adjoining property owners often
results in meetings to discuss the impact upon their residences
or businesses. The estimated total average cost for a typical
street name change proceeding is $501.93.
Mayor Holcomb opened the hearing.
RES. 91-469 - RESOLUTION OF THE CITY OF SAN
ESTABLISHING A FEE OF FIVE HUNDRED DOLLARS
PROCESSING REQUESTS FOR STREET NAME CHANGES.
from October 21, 1991)
BERNARDINO
($500) FOR
(Continued
(26)
Council Member Estrada made a motion, seconded by Council
Member Miller, that the hearing be closed; and said resolution be
adopted.
Ayes:
Nays:
Resolution No. 91-469 was adopted by the following vote:
Council Members Estrada, Reilly, Maudsley, Minor, Miller.
Council Members Hernandez, Pope-Ludlam. Absent: None.
COUNCIL MEMBER HERNANDEZ EXCUSED
At 10:02 a.m., Council Member Hernandez left the Council
meeting.
PERSONNEL ACTION
(5-6)
Council Member Estrada made a motion, seconded by Council
Member Minor, and unanimously carried, that the appointment of
Josefa Soria, as Legal Secretary I, for the City Attorney's
Office, Range 3288 (Step 2, $1958/mo), effective November 25,
1991, be approved.
COUNCIL MEMBER HERNANDEZ RETURNED
At 10:03 a.m., Council Member Hernandez returned to the
Council meeting and took his place at the council table.
Council Member Reilly made
Council Member Estrada, and
appointment of Josefa Soria, as
Attorney's Office, Range 3288
November 25, 1991, be approved.
a substitute motion, seconded by
unanimously carried, that the
Legal Secretary I, for the City
(Step 2, $1958/mo), effective
12
11/18/91
PUBLIC HEARING
ALLEY VACATION
21, 1991
ESTABLISH
PROCEEDINGS
$1,000 FEE
CONTINUED
STREET AND
FROM OCTOBER
(27)
This is the
to establish a
proceedings.
time and place continued to for a public hearing
fee of $1,000 for street and alley vacation
In a memorandum dated September 12, 1991, Roger Hardgrave,
Director of Public works/City Engineer, stated that a fee of
$750 is currently collected from individuals requesting that
proceedings be initiated to vacate all, or a portion, of an
easement for street and highway purposes. These proceedings are
done in accordance with the 1941 Street Vacation Act. It is
recommended that this fee be established at $1,000 in order to
reflect actual costs incurred for these proceedings. The
estimated total average cost for a typical vacation proceeding is
$1,017.32. Approximately twenty vacation proceedings are
processed each year. The fee would not apply to City initiated
vacations.
Mayor Holcomb opened the hearing.
The Council expressed concern that a fee should not be
charged for street and alley vacations.
Shauna Clark, City Administrator, stated that City initiated
vacations would not be charged.
RES. 91-470 - 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.
(Continued from October 21, 1991) (27)
Council Member Estrada made a motion, seconded by Council
Member Miller, that the hearing be closed; and said resolution be
adopted.
Resolution No. 91-470 was adopted by the following vote:
Council Members Estrada, Reilly, Maudsley, Minor, Miller.
Council Members Hernandez, Pope-Ludlam. Absent: None.
Ayes:
Nays:
PUBLIC HEARING - ESTABLISH $200 FEE -
AN EASEMENT FORM FOR DEDICATION OF
CONTINUED FROM OCTOBER 21, 1991
PREPARATION OF
RIGHTS-OF-WAY-
(28)
This is the time and place continued to for a public hearing
to establish a fee of $200 for the preparation of an easement
form for dedication of rights-of-way.
In a memorandum dated September 12, 1991, Roger Hardgrave,
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11/18/91
Director of Public works/City Engineer, stated that many
developments are conditioned to dedicate additional rights-of-way
for street widening, or easements for various purposes.
Dedication of these rights-of-way, except for subdivisions, is
accomplished by the property owner signing an Easement form.
Approximately fifty Easement forms are prepared each year. The
estimated total average cost for preparation of a typical
Easement form is $223.08.
Mayor Holcomb opened the hearing.
RES. 91-471 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ESTABLISHING A FEE OF TWO HUNDRED DOLLARS ($200.00) FOR
PREPARATION OF AN EASEMENT FORM FOR DEDICATION OF
RIGHT-OF-WAY. (Continued from October 21, 1991) (28)
Council Member Maudsley made a motion, seconded
Member Minor, that the hearing be closed; and
resolution be adopted.
by Council
that said
Resolution No. 91-471 was adopted by the following
Ayes: Council Members Estrada, Reilly, Maudsley, Minor,
Ludlam, Miller. Nays: Council Member Hernandez. Absent:
vote:
Pope-
None.
ANNOUNCEMENT - COUNCIL MEMBER ESTRADA
(2)
Council Member Pope-Ludlam made a motion,
Council Member Miller, and unanimously carried,
the announcements by Mayor and Council.
seconded by
to reconsider
Council Member Estrada requested that the Ways & Means
Committee minutes, dated November 13, 1991, be entered into the
minutes.
Council Member Estrada expressed concern that due to Mayor
Holcomb's disruption of the Ways & Means Committee meeting no
action had been taken, and the items were continued to the next
regular committee meeting.
Mayor Holcomb expressed concern that an item was being
discussed at the committee meeting that the Mayor and Common
Council had previously voted down. He felt that further
discussion by the Committee was counter to previous Council
direction.
City Attorney Penman explained that under the Brown Act it
is acceptable for Council Member Estrada to request that the
minutes of the Ways & Means Committee be entered into the
minutes; however, further discussion was not recommended.
COUNCIL MEMBERS ESTRADA AND MILLER EXCUSED
At 10:23 a.m., Council Members Estrada and Miller left the
14
11/18/91
Council meeting.
APPEAL BOARD OF BUILDING COMMISSIONERS CORRECT
HEALTH AND SAFETY VIOLATIONS AND REHABILITATE
STRUCTURES - 1246 WEST RIALTO AVENUE - EDWARD DUKE-
CONTINUED FROM OCTOBER 21, 1991 (29)
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 rehabilitate the structures located
at 1246 West Rialto Avenue.
Mayor Holcomb opened the hearing.
Al Boughey, Director of Planning and Building Services,
stated that work was progressing as expected and that permits
should be issued in the near future. He stated that he would
keep the Council advised on the progress of work performed.
Council Member Minor made a motion, seconded by Council
Member Reilly, and unanimously carried, to receive and file the
oral report given by Al Boughey, Director of Planning and
Building Services.
Council Member Hernandez made a substitute motion, seconded
by Council Member Reilly, and unanimously carried, to continue
the public hearing to consider the appeal of the Board of
Building Commissioners' findings to rehabilitate structures
located at 1246 West Rialto Avenue; and that Planning and
Building Services staff return to give an oral report relative to
the status of the rehabilitation of structures located at 1246
West Rialto Avenue, on December 16, 1991, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
COUNCIL MEMBER MINOR EXCUSED
At 10:28 a.m., Council Member Minor left the Council
meeting.
COUNCIL MEMBERS ESTRADA AND MILLER RETURNED
At 10:29 a.m., Council Members Estrada and
to the Council meeting and took their places
table.
Miller returned
at the council
DISCUSS AND TAKE POSSIBLE ACTION MEMORANDUM OF
UNDERSTANDING SAN BERNARDINO CITY UNIFIED SCHOOL
DISTRICT - WESTS IDE PLAZA - MAYOR HOLCOMB - CONTINUED
FROM NOVEMBER 4, 1991 (30)
This is the time and place continued to for
a Memorandum of Understanding with the San
Unified School District relative to the Westside
consideration of
Bernardino City
Plaza.
15
11/18/91
Council Member Hernandez made a motion, seconded by Council
Member Pope-Ludlam, and unanimously carried, that the Memorandum
of Understanding between the City and the San Bernardino City
Unified School District relative to the issues in dispute
regarding the Westside Plaza project, be continued to December
2, 1991, in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
OF SAN BERNARDINO SUPPORTING THE TAKING INTO
THE FEDERAL GOVERNMENT OF CERTAIN PROPERTY
BENEFIT OF THE SAN MANUEL BAND OF MISSION
(Continued from November 7, 1991)
THE CITY
TRUST BY
FOR THE
INDIANS.
(31)
Council Member Miller made a motion, seconded by Council
Member Estrada, that said resolution be tabled.
The motion carried by the following vote: Ayes:
Members Estrada, Reilly, Maudsley, Pope-Ludlam, Miller.
Council Member Hernandez. Absent: Council Member Minor.
Council
Nays:
COUNCIL MEMBER MINOR RETURNED
At 10:30 a.m., Council Member Minor returned to the Council
meeting and took his place at the council table.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
SECTION 3.44.025 TO THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO EXEMPTIONS FROM THE SERVICE USERS TAX FOR
PUBLIC SCHOOLS. First (32)
Council Member Miller made a motion, seconded by Council
Member Reilly, and unanimously carried, that said ordinance be
laid over for final adoption.
PROPOSED DEVELOPMENT CODE AMENDMENT - PERMIT
ORGANIZATIONS IL AND OTHER APPROPRIATE
DISTRICTS - COUNCIL MEMBER POPE-LUDLAM
FRATERNAL
LAND USE
(33)
Valerie Ross, Senior Planner, Department of Planning and
Building Services, prepared a memorandum dated November 7, 1991,
for Council Member Pope-Ludlam, stating that the Development Code
permits churches and other membership organizations in various
land use designations in the City. However, churches are
permitted in some land use designations that membership
organizations are not. Since the two are similar uses, there may
be additional land use designations where membership
organizations can or should be permitted.
Churches are conditionally permitted in the IL, Industrial
Light, land use district. At the time of the Development Code
adoption, it was determined that since uses within the IL land
use district must be conducted within enclosed structures,
16
11/18/91
churches could be a compatible use
designation. Membership organizations
churches, and therefore may also be
district.
in the IL land
are a similar use
appropriate in the
use
as
IL
Council Member Reilly made a motion, seconded by Council
Member Pope-Ludlam, and unanimously carried, that the Mayor and
Common Council direct Planning staff to amend the Development
Code to permit fraternal organizations in the IL district or
consider a general plan amendment for that specific property
which would allow fraternal organizations; to utilize the most
expeditious and appropriate method of amendment; and to return to
give an oral report on the status of the Development Code
amendment, on December 16, 1991, in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino California.
PROPOSED ANALYSIS - SWAP MEET DESIGNATIONS - COUNCIL
MEMBER REILLY (34)
In a memorandum dated November 6, 1991, Council Member
Reilly, stated that indoor swap meets are becoming a popular
marketing option. These businesses provide a commercial building
and sub-lease booths to a multitude of vendors who offer a
variety of merchandise for sale to the general public. The use
is currently permitted with the approval of a conditional use
permit in the CG-4, General Commercial, Theme Center; CH,
Commercial Heavy; IL, Industrial Light; and IH, Industrial Heavy,
land use designations.
Council Member Reilly made a motion, seconded by Council
Member Estrada, and unanimously carried, that the Mayor and
Common Council direct Planning staff to prepare an analysis of
swap meets in the CG-2, General Commercial land use designation,
and any other appropriate land use designation; and that based on
that analysis, make a recommendation on a Development Code
amendment to permit swap meets in those designations.
RES. 91-472 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING EXHIBIT "A" OF RESOLUTION NO. 91-57 ENTITLED
"RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING
ANNEXATION NO. 347 (LAFCO 2584) FOR THE TERRITORY
GENERALLY LOCATED EAST OF HIGHWAY 18, NORTH OF 40TH
STREET AND DETACHMENT FROM CSA 38 CSA 70". (5-1)
Council Member Maudsley made a motion, seconded by Council
Member Miller, that said resolution be adopted.
Resolution
Ayes: Council
Ludlam, Miller.
No. 91-472 was adopted by the following
Members Estrada, Reilly, Maudsley, Minor,
Nays: Council Member Hernandez. Absent:
vote:
Pope-
None.
17
11/18/91
RES. 91-473 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ORDERING THE VACATION OF THAT CERTAIN NORTH/SOUTH
ALLEY, EAST OF SIERRA WAY, BETWEEN 42ND STREET AND 44TH
STREET, IN THE CITY OF SAN BERNARDINO AND RESERVING
EASEMENTS FOR SANITARY SEWER, DRAINAGE AND APPURTENANT
FACILITIES AND PUBLIC UTILITY EASEMENTS THEREIN. (5-2)
Council Member Maudsley made a motion, seconded by Council
Member Miller, that said resolution be adopted.
Resolution No. 91-473 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley,
Minor, Pope-Ludlam, Miller. Nays: None. Absent: None.
DISCUSS AND TAKE POSSIBLE ACTION - CITY PROCESS FOR
DEALING WITH DEVELOPERS - COUNCIL MEMBER ESTRADA (5-3)
Council Member Estrada recommended that procedures be
established so that development projects can be reviewed and
processed in an orderly fashion. She felt that these procedures
would assist staff in dealing with developers in a consistent
manner. She felt that these procedures should also include some
guidance for staff relating to negotiations.
CITY CLERK KRASNEY RETURNED
At 10:45 a.m., City Clerk Krasney returned to the Council
meeting and replaced Deputy City Clerk Vale.
Discussion ensued relative to which City Departments and
Committees are involved in development, and therefore might be
contacted by developers.
Mayor Holcomb stated that negotiations should be conducted
at the executive level, and that once negotiations are completed,
the development project would then be presented to the Council
for policy directions.
Discussion ensued regarding details of recent development
projects; and how to deal with problems that may arise with a
development.
Council Member Estrada made a motion, seconded by Council
Member Reilly, and unanimously carried, that the discussion
relative to establishing City policies to deal with developers be
referred to the Legislative Review Committee to develop a policy
to deal with all aspects of development projects; and that the
recommended policies and procedures return to the Council for
discussion and action.
18
11/18/91
FUNDING AUTHORIZATION
STUDY
EMERGENCY MEDICAL SERVICES
(5-4)
In a memorandum dated November 14, 1991, Shauna Clark, City
Administrator, stated that the City advertised a Request for
Qualifications (RFQ) to perform an analysis of the existing
emergency medical response system, and make recommendations
regarding the most efficient and effective means to organize the
Emergency Medical Services (EMS) system. The RFQ requested an
analysis of three operational options: privatization of all
emergency medical services, City operated paramedic services with
private ambulance transport, and City operated paramedic service
and ambulance transport.
Responses were received from Emergency
Center, and EMS Concepts, Inc. Authorization
$10,000 to proceed with this study.
Council Member Maudsley made a motion, seconded by Council
Member Minor, and unanimously carried, to authorize funding in
the amount of $10,000 from the General Fund, non-governmental
account, for a consultant to perform a study on the delivery of
emergency medical services, and authorize preparation of a
contract which will be re-submitted for Council approval.
Care Information
is requested for
RES. 91-474 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ABC
ANESTHESIA, INCORPORATED DBA ADVANCED BILLING CONCEPTS
RELATING TO BILLING SERVICES FOR THE PARAMEDIC
SUBSCRIPTION PROGRAM. (5-5)
Council Member Reilly made a motion, seconded by Council
Member Minor, that said resolution be adopted.
Resolution No. 91-474 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley,
Minor, Pope-Ludlam, Miller. Nays: None. Absent: None.
RECESS MEETING
At 11:01 a.m., Mayor Holcomb declared a five-minute recess.
RECONVENE MEETING
At 11:10 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 Deputy City Clerk Vale with the
following being present: Mayor Holcomb; Council Members Estrada,
Reilly, Hernandez, Maudsley, Minor, Miller; Senior Assistant City
Attorney Barlow, Deputy City Clerk Vale. Absent: Council Member
Pope-Ludlam; City Administrator Clark.
19
11/18/91
COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING
At 11:10 a.m., Chairman Holcomb called the regular meeting
of the Community Development Commission to order in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino,
California.
COUNCIL MEMBER POPE-LUDLAM RETURNED
At 11:12 a.m., Council Member Pope-Ludlam returned to the
Council meeting and took her place at the council table.
RES. 91-475 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
QUITCLAIM DEED TO THE REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO FOR A PORTION OF THE PROPERTY LOCATED
AT THE SOUTHEAST CORNER OF COURT AND "E" STREETS IN THE
CITY OF SAN BERNARDINO. (R-2-A)
Council Member Minor made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Resolution No. 91-475 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley,
Minor, Pope-Ludlam, Miller. Nays: None. Absent: None.
STURGES AUDITORIUM
(R-4)
In a memorandum dated November 14, 1991, Kenneth Henderson,
Executive Director, EDA/Development Department, stated that the
Sturges Center for the Arts (a.k.a. Foundation) has experienced
difficulties in providing liability insurance for the structure.
Although they have attempted to charge participants $500 to
assure adequate insurance, there is usually a deficit in the
amount participants can pay.
The Foundation, owners of Sturges Auditorium, has proposed
to transfer the ownership of the Sturges Auditorium to the City
to facilitate the utilization of the City's insurance to cover
the building. The Foundation would continue to function in its
same capacity, and the Development Department would assume
responsibility to repay an outstanding loan with a current
balance of $30,525.90. The Foundation would make loan payments
to the Development Department. This restructuring of obligations
and legal responsibilities would result in the elimination of
liability insurance cost to the Foundation, thus enabling it to
carry out its stated goals and objectives in a more efficient and
economical manner.
The Redevelopment Committee recommended at its September 19,
1991 meeting that staff work with Foundation representatives to
develop an agreement that would enable them to eliminate the cost
of liability insurance payments and continue to fulfill its prior
contractual commitment and loan repayment.
20
11/18/91
Kenneth Henderson, Executive Director, EDA/Development
Department, stated that the Foundation would continue to make
loan payments to the Development Department and that this action
restructured the debt and was not a grant.
Concern was expressed relative to the City's cost to
maintain the facility.
Council Member Estrada made a motion, seconded by Council
Member Miller, that the Mayor and Common Council and the
Community Development Commission approve the transfer of the
title to the Sturges Auditorium building to the City of San
Bernardino; approve assumption by the Development Department of
the Sturges Auditorium, Bank of San Bernardino loan in the amount
of $30,526; direct Agency Counsel to prepare the appropriate
agreements; and authorize the Mayor, Ci ty Clerk, Chairman and
Commission Secretary, as appropriate, to execute said agreements
when complete.
The motion carried by the following vote: Ayes:
Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam,
Nays: Council Member Hernandez. Absent: None.
Council
Miller.
RES. 91-476 RESOLUTION
COUNCIL OF THE CITY OF SAN
AND DETERMINATIONS AS TO
CERTAIN BLIGHT REDUCING
REDEVELOPMENT PROJECT AREA
OF THE MAYOR AND COMMON
BERNARDINO MAKING FINDINGS
THE BENEFIT OF UNDERTAKING
ACTIVITIES FOR THE UPTOWN
OF THE AGENCY. (R-5-A)
Mayor Holcomb stated that action was taken in closed
session to purchase property for $400,000 with 20% Set Aside
Funds. He stated that the property is the old Laurel Hospital
property on "E" Street, and that plans call for the structure to
be demolished, and to create approximately ten to eleven
residential lots for single-family homes.
Senior Assistant City Attorney Barlow explained that if
property is purchased with 20% Set Aside Funds and then a portion
of it is sold or used for another purpose, the revenue generated
from the sale must pay back that portion of the 20% Set Aside
Funds.
Council Member Minor made a motion, seconded by Council
Member Reilly, that said resolution be adopted.
Resolution No. 91-476 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley,
Minor, Pope-Ludlam, Miller. Nays: None. Absent: None.
COUNCIL MEMBERS ESTRADA AND MILLER EXCUSED
At 11:34 a.m., Council Members Estrada and Miller left the
Council meeting.
21
11/18/91
ORD. MC-813 - URGENCY ORDINANCE OF THE CITY OF SAN
BERNARDINO AMENDING ORDINANCE NUMBER MC-791 RELATING TO
EXTENDING THE TIME PERIOD FOR AN INTERIM HOLD ON
APPROVALS OF DEVELOPMENT PERMITS, CONDITIONAL USE
PERMITS AND OTHER ACTIONS IN CERTAIN AREAS SURROUNDING
MT. VERNON AVENUE, AND DECLARING THE URGENCY THEREOF.
Uraencv (R-12)
Council Member Pope-Ludlam made a motion, seconded by
Council Member Hernandez, to waive further reading, and adopt
said ordinance.
Ordinance MC-813 was adopted by the following vote: Ayes:
Council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam,
Nays: None. Absent: Council Members Estrada, Miller.
RECESS MEETING
At 12:20 p.m., Mayor Holcomb recessed the regular meeting of
the Mayor and Common Council until 2:00 p.m.
RECONVENE MEETING
At 1:59 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 by Deputy City Clerk Medina with the
following being present: Mayor Holcomb; Council Members Reilly,
Hernandez, Maudsley, Minor; Deputy City Attorney Empeno, Deputy
City Clerk Medina, City Administrator Clark. Absent: Council
Members Estrada, Pope-Ludlam, Miller.
PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 91-09-
CHANGE LAND USE DESIGNATION FROM OIP TO CG-1 - WESTS IDE
OF HALLMARK PARKWAY, NORTH & SOUTH OF CAMPEAU DRIVE-
STATE COLLEGE BUSINESS PARK - RECONSIDERED LATER IN THE
MEETING - SEE PAGE 25 (35)
This is the time and place set for a public hearing relative
to General Plan Amendment No. 91-09 to change the land use
designation from OIP, Office Industrial Park, to CG-1, Commercial
General, on approximately 15.26 acres on the west side of
Hallmark Parkway, and on the north and south sides of Campeau
Drive in the State College Business Park.
In a memorandum dated October 31, 1991, Al Boughey, Director
of Planning and Building Services, stated that during the hearing
process for the adoption of the General Plan, a designation of
OIP, Office Industrial Park, was assigned to the site and
surrounding area. General Plan Amendment No. 91-02 designated
the land to the west of the site as IL, Industrial Light. The
22
11/18/91
land on the east side of Hallmark Parkway, north of University
Parkway, and around Ostrem's Way was designated CG-1.
The CG-1 designation is suitable for the site as it is
adjoining other CG-1 designated lands and allows for the
development of similar use projects at the entrance to the State
College Business Park. At its September 19, 1991 meeting the
Environmental Review Committee reviewed the proposal and
recommended that a negative declaration be adopted. At its
October 29, 1991 meeting the Planning Commission recommended
adoption of the negative declaration and approved General Plan
Amendment No. 91-09.
COUNCIL MEMBERS POPE-LUDLAM AND MILLER ARRIVED
At 2:02 p.m., Council Members Pope-Ludlam and
arrived at the Council meeting and took their places
council table.
Miller
at the
Mayor Holcomb opened public hearing.
RES. 91-477 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-09 TO
THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (35)
Council Member Pope-Ludlam made a
Council Member Hernandez, that the hearing
resolution be adopted.
Resolution No. 91-477 was adopted by the following vote:
Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope-
Ludlam, Miller. Nays: None. Absent: Council Member Estrada.
motion, seconded by
be closed; and said
PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 91-14-
PERMIT EXISTING SINGLE-FAMILY RESIDENCES PERMITTED
USES - CG-2, COMMERCIAL GENERAL, LAND USE DISTRICT (36)
This is the time and place set for a public hearing to
consider General Plan Amendment No. 91-14 and Development Code
Amendment No. 9l-05 to allow existing single-family residences as
permitted uses in the CG-2, Commercial General land use
designation. The CG-2 areas are generally located along Baseline
Street to the east and west of the I-215 Freeway, on Mt. Vernon,
and on "E" Street north of Baseline Street.
In a memorandum dated October 29, 1991, Al Boughey,
Director, Planning and Building Services, stated that during the
hearing process for the adoption of the General Plan the CG-2
designation, Community Commercial: Mixed Residential, was
adopted to enhance the economic activity of the area and to
allow for the development of multiple family residential. The
criteria established for residential was a minimum contiguous
23
11/18/91
area of one acre, medium density, 14 units per acre, west of I-
215; and medium-high density, 24 units per acre, east of the
freeway.
The standards established for the residential uses were
aimed primarily at new development and not towards single-family
homes outside of the parameters. Consequently, many existing
single-family homes are considered non-conforming structures
causing difficulties for owners selling their property, and
securing insurance and loans.
The Environmental Review Committee reviewed both amendments
and proposed a negative declaration. At its October 8, 1991
meeting, the Planning Commission recommended adoption of the
negative declaration and approved General Plan Amendment No. 91-
14 and Development Code Amendment No. 91-05.
Mayor Holcomb opened the public hearing.
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND
ADOPTING GENERAL PLAN AMENDMENT NO. 91-14 TO THE
GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (36)
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN
BERNARDINO MUNICIPAL CODE SECTIONS 19.06.010, 19.06.020
AND 19.06.030 TO ALLOW EXISTING SINGLE-FAMILY
RESIDENCES AS PERMITTED USES. First (36)
Council Member Hernandez made a motion, seconded by Council
Member Maudsley, and unanimously carried, that said resolution
and ordinance for General Plan Amendment No. 91-14 and
Development Code Amendment No. 91-05 to allow existing single-
family residences as permitted uses in the CG-2, Commercial
General land use designation, be referred to the Legislative
Review Committee.
CITY ATTORNEY PENMAN RETURNED
At 2:05 p.m., City Attorney Penman returned to the Council
meeting and replaced Deputy City Attorney Empeno.
AN ORDINANCE OF
CHAPTER 15.55 TO
RELATING TO LOCAL
RELATING TO MOBILE
THE CITY OF SAN BERNARDINO ADDING
THE SAN BERNARDINO MUNICIPAL CODE
ENFORCEMENT OF LAWS AND REGULATIONS
HOME PARKS. First (37)
City Attorney Penman stated that this ordinance enables the
City to enforce certain requirements under State Law relating to
mobile home parks. He stated that currently the City inspects
mobile home parks once a year, and handles code enforcement
violations through the health and safety code as they relate to
mobile home parks. He recommended that the item be tabled.
24
11/18/91
----------"-.---_.._,____~~._~.~._________________.___.___.__.__.__m_.__..______.._______ .___.._________._.__.______..___.
Council Member Hernandez made a motion, seconded by Council
Member Pope-Ludlam, and unanimously carried, that the ordinance
relating to local enforcement of laws and regulations relating to
mobile home parks be tabled.
Discussion ensued regarding the enforcement of health and
safety code violations in the mobile home parks.
Council Member Hernandez withdrew his motion.
Council Member Hernandez made a substitute motion, seconded
by Council Member Pope-Ludlam, and unanimously carried, that the
ordinance relating to local enforcement laws and regulations
relating to mobile home parks be tabled, and that staff return
with recommendations on how to address the health and safety
code violation enforcement concerns.
CITY ATTORNEY PENMAN EXCUSED
At 2:19 p.m., City Attorney Penman left the Council meeting
and was replaced by Deputy City Attorney Empeno.
PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 91-09-
CHANGE LAND USE DESIGNATION FROM OIP TO CG-1 - WESTS IDE
OF HALLMARK PARKWAY, NORTH & SOUTH OF CAMPEAU DRIVE-
STATE COLLEGE BUSINESS PARK - DISCUSSED EARLIER IN THE
MEETING - SEE PAGE 22 (35)
Council Member Maudsley made a motion, seconded by Council
Member Reilly, and unanimously carried, to reconsider General
Plan Amendment No. 91-09 to change the land use designation from
OIP, Office Industrial Park to CG-1, Commercial General, on
approximately 15.26 acres on the west side of Hallmark Parkway,
and on the north and south sides of Campeau Drive in the State
College Business Park, to allow public comments to be taken.
Carolyn Stremple, owner of the Shell Station located at
3909 Hallmark Parkway, San Bernardino, CA, expressed concern that
the area was being saturated with Arco gasoline stations as plans
call for an Arco station at each end of Hallmark Parkway. She
felt that her station was able to provide gas to residents and
travelers in the area.
Deputy City Attorney Empeno recommended that if the item was
going to be reconsidered, that it should first be continued to a
date specific, so that the applicant and his counsel can be
present. He clarified that the item was a general plan amendment
to change the land use designation, not an application for a
specific development project.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Reilly, and unanimously carried, that the hearing
be closed; and said resolution be adopted. (Note: This motion
25
11/18/91
is unchanged from the earlier motion, see page 23)
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 15.37 OF THE SAN BERNARDINO MUNICIPAL CODE;
ESTABLISHING NEW POLICIES AND PROVISIONS FOR REVIEW OF
DEMOLITION PERMIT APPLICATIONS FOR POTENTIALLY HISTORIC
BUILDINGS AND STRUCTURES AND PROVIDING FOR
CONTINUATION OF THE HISTORIC PRESERVATION TASK FORCE.
First (38)
Al Boughey, Director of Planning and Building Services,
stated that the Urgency Historic Structure Demolition Ordinance
mandates that an historic assessment evaluation be performed on
any property over fifty years old. This ordinance provides the
Director of Planning and Building Services with flexibility in
determining whether or not the evaluation is required.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Maudsley, and unanimously carried, that said
ordinance be laid over for final adoption.
CITY ATTORNEY PENMAN RETURNED
At 2:26 p.m., City Attorney Penman returned to the Council
meeting and replaced Deputy City Attorney Empeno.
PROPOSED GENERAL PLAN
AMENDMENTS - NON-CONFORMING
AND / OR DEVELOPMENT CODE
RESIDENTIAL USES/STRUCTURES
(39)
In a memorandum
Director, Planning and
general plan amendments
initiated to establish
uses/structures that are
standard requirements.
dated November 7, 1991, Al Boughey,
Building Services, recommended that
and/or development code amendments be
provisions for existing residential
non-conforming because of development
The General Plan contains policies pertaining to growth and
development in the City. While many General Plan policies
pertain to new development, there are policies that address
existing uses. The Development Code contains standards and
guidelines that implement the General Plan. The Development Code
addresses the use and reuse of non-conforming structures and the
continuation of non-conforming uses.
In some cases multiple family units are in an area
designated for multiple family development, but have become non-
conforming because of new density/lot size standards. If the
use/structure is non-conforming and the use ceases for a period
of six months or more, when use commences the structure must
conform with Development Code standards. There are residential
uses/structures in the City that meet the land use intent of the
General Plan, but have become non-conforming because of new or
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different development standards.
Council Member Reilly made a motion, seconded by Council
Member Miller, and unanimously carried, that Planning staff
initiate the appropriate general plan amendments and/or
development code amendments in reference to mul ti-family
residences non-conforming uses in the Arden and Guthrie area; and
to investigate general city-wide non-conforming issues and return
with recommendations at a later date.
Mr. Peter Broy, 2947 Orange Street, San Bernardino, CA,
spoke in support of the Council's action to solve the non-
conforming residential use/structure problems created by the
Development Code. He expressed concern regarding the fifteen-
year provisions by which all the apartments would have to be
removed.
Keith Reno, 1400 Edgehill Road #38, San Bernardino, CA,
voiced support for the Council's action to eliminate the non-
conforming residential use/structure problems created by the new
Development Code. He felt that an amendment was required on the
south side of Roca Street. He stated that this issue needed to
be addressed city-wide, not just in the Arden and Guthrie area.
He voiced concern relating to the fifteen-year requirement that
requires all the apartments to be removed.
ADJOURNMENT (40)
At 2:34 p.m., Mayor Holcomb adjourned the regular meeting of
the Mayor and Common Council, to Monday, December 2, 1991, at
8:30 a.m., in the Council Chambers of City Hall, 300 North "0"
Street, San Bernardino, California.
RACHEL KRASNEY
City Clerk
By ~L-t~t:-<-.' .~~
Melanie Vale
Deputy City Clerk
By yfr.1.IZCLhUfYZQdf~)(U
Sandra Medina
Deputy City Clerk
No. of Items: 64
No. of Hours: 4
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