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HomeMy WebLinkAbout08-07-1989 Minutes . City of San Bernardino, California August 7, 1989 The Regular Meeting of the Mayor and Common Council of the Ci ty of San Bernard ino, was called to order by Mayor Holcomb at 8:55 a.m. on Monday, August 7, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Cali!ornia. INVOCATION The Invocation was given by Rev. Gertrude Whetzel of God's Great Cause Church, San Bernardino, Ca. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Minor. ROLL CALL Roll Call was taken by Ci ty Clerk Clark wi th the fOllowing being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Minor, Pope-Ludlam, Miller; City Clerk Clark, Ci ty Admini stra tor Julian. Absent: Counc il Members Maudsley; City Attorney Penman. . PUBLIC COMMENTS There were no public comments. (A) PRESENTATIONS - SERVICE AWARDS Mayor Holcomb presented several employees wi th service pins for their years of service with the City. (B) COMMENDATION - EDGAR C. KELLER - LIBRARY BOARD TRUSTEE Lorraine Velarde, Executive Assistant to the Mayor, read a resolution of the Mayor of the City of San Bernardino commending Edgar C. Keller for his 24 years of service as a Library Board Trustee. (B) Edgar C. commendation. Keller was present to accept the COMMENDATION - DEACON AND MRS. DRAYMON CRAWFORD Lorraine Velarde, Executive Assistant to the Mayor, read a resolution of the Mayor of the City of San Bernardino commending Deacon and Mrs. Draymon Crawford for their outstanding work in the community and devoted spiritual leadership and development of the Sonrise Senior Citizens Complex in the City of Fontana. (B) . 1 8/7/89 . Deacon and Mrs. Draymon Crawford were present to accept the commendation. APPOINTMENT - SENIOR AFFAIRS COMMISSION _ DANIEL MARTIN TORRES, JR. In a memorandum dated July 21, 1989, Mayor Holcomb, requested the appointment of Daniel Martin Torres, Jr., 972 Scenic Drive, San Bernardino, to the Senior Affairs Commission, on behalf of Council Member Flores of the Third Ward. (C) Council Member Minor made a motion, seconded by Counc i 1 Member Rei lly, and unan imous ly carr ied, tha t the appointment of Daniel Martin Torres, Jr. to the Senior Affairs Commission, to represent the Third Ward, be approved. APPOINTMENTS - FRANCHISE BOARD - CLARA D. O'CAMPO AND GENE PENSIERO In a memorandum dated July 24, 1989, Mayor Holcomb, requested the appointments of Mrs. Clara D. O'Campo, 663 Magnol ia Avenue, San Bernard ino; and Gene pensiero, 4040 La Hacienda Drive, San Bernardino, to the Franchise Board. (Cl . Council Member Flores made a motion, seconded by Counci 1 Member Minor, and unanimous ly carr ied, tha t the appointments of Mrs. Clara D. O'Campo and Gene pensiero to the Franchise Board, be approved. CITY ATTORNEY PENMAN ARRIVED City Attorney Penman arrived at the Council Meeting. APPROVAL OF LEGISLATIVE REVIEW COMMITTEE MINUTES _ JULY 20, 1989 In a memorandum dated July Minor presented a report on Committee Meeting held on July items were on the agenda: 21, 1989, Council Member the Legislative Review 20, 1989. The following (3) 1. Proposed School at Little League/Belmont, Verdemont School Site - Development Costs; 2. Resolution Amending Section 2 1/2 of Resolution No. 8234 Establishing Parking Restrictions for the Third Level of the Civic Center Parking Structure; 3. Request for Waiver of Requirement to Underground Utilities - Expansion of Omnitrans facility at the northwest corner of Medical Center and 5th Street; . 2 8/7/89 . 4. 5. 6. 7. 8. Request for Waiver of Parks & Recreation Construction Fees for Construction of a Residence at 5536 North "E" Street - Mr. and Mrs. Paul Blankenship; Sunset Clause Regarding Fee Payments; Proposed Ordinance to Establish a Permanent Policy and Guidelines for Quality Managed Growth in San Bernardino; Ordinance Amending Section 2.64.050 of the San Bernardino Municipal Code Relating to Fees for Appeals; Ordinance Repealing Section 5.56.090 of SBMC Relating to the Possession of Hides, Bones, or Sacks Which Have Been Previously Used as Containers for Fertilizer; 9. Resolution of the City of San Bernardino Support- ing the California Desert Protection Act. Council Member Minor made a motion, seconded by Council Member Estrada and unanimously carried, that the minutes of the Legislative Review Committee Meeting held on July 20, 1989, be approved. REQUEST FOR PLACEMENT OF EQUIPMENT - REFUSE COLLECTION AND TRAFFIC CONTROL - WESTERN REGIONAL LITTLE LEAGUE AND SAN BERNARDINO POLICE K-9ERS In a memorandum dated July 18, 1989, Marshall Julian, City Administrator, provided letters from the San Bernardino Police K-gers and the Western Regional Little League requesting assistance in the placement of trash containers, traffic devices, and exemption to the payment of fees pursuant to Resolution No. 89-225 for events to be held as follows: (5) . San Bernardino Police K-gers - Carnival/Wildwood Park August 10-13, 1989; Western Region Little League - 13 State Little League Baseball Tournament August 11-20, 1989. Council Member Minor made a motion, seconded by Council Member Estrada and unanimously carried, that the Director of Public Services be authorized to place refuse collection and traffic control equipment for events being staged by Western Regional Little League and the San Bernardino Police K-gers, as described in the City Administrator's memorandum dated July 19, 1989; and that the fees be exempted pursuant to Resolution No. 89-225. . 3 8/7/89 . VACATION - PORTION OF ESPERANZA STREET, WEST OF "H" STREET - AUTHORIZATION TO TERMINATE PROCEEDINGS In a memorandum dated July 10, 1989, Roger G. Hardgrave, Director of Public Works/City Engineer, requested that the vacation proceedings for a portion of Esperanza Street, west of "H" Street be terminated after the petitioner failed to pay the balance of the $400.00 required fee to complete the vacation proceedings. (7) Council Member Minor made a motion, seconded by Council Member Estrada and unanimously carried, that the Director of Public Works and the City Clerk be authorized and directed to terminate the proceedings to vacate a portion of Esperanza Street, west of "H" Street. REPLACEMENT OF BRIDGES - OAK STREET AND VALLEY STREET OVER WARM CREEK - APPROVAL AND ACCEPTANCE OF WORK _ KERSHAW CONSTRUCTION COMPANY In a memorandum dated July 3, 1989, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that all work performed by Kershaw Construction Company for the replacement of Oak Street and Valley Street Bridges over Warm Creek was satisfactorily completed as of February 20, 1989. (8) . Council Member Minor made a motion, seconded by Counc il Member Estrada and unanimously carr ied, that the work performed by the contractor, for the replacement of Oak and Valley Street Bridges over Warm Creek, in accordance with Plan No. 6934, be approved and accepted; and that final payment be authorized at the expiration of the lien per iod. RISK MANAGEMENT - BICEP - AUTHORIZATION TO CHANGE EXCESS WORKERS' COMPENSATION INSURANCE CARRIERS _ GENERAL REINSURANCE COMPANY In a memorandum dated July 24, 1989, Arthur J. Schubert, Director of Risk Management, outlined differ- ences in insurance quotations between the City's current insurer Employers Reinsurance Company and General Reinsurance Corporation for statutory coverage in excess of workers' compensation. He recommended that the City select General Reinsurance Corporation which offers significant improvements in coverage. (9) . Council Member Minor made a motion, seconded by Counci 1 Member Estrada and unanimous ly carr ied, that the Risk Management Director be directed to change excess workers compensation insurance through BICEP broker, Frank B. Hall & Company, to General Reinsurance Company (with an annual premium of $54,500, a savings of $25,000 which includes a short rate cancellation penalty of approximately $4,000). 4 8/7/89 . CLAIMS AND PAYROLL Council Member Minor made a motion, seconded by Council Member Estrada and unanimously carried, that the claims and payrolls and the authorization to issue warrants as listed on the memorandum from the Director of Finance dated July 26, 1989, be approved. (10) PERSONNEL ACTIONS Council Member Minor made a motion, seconded by Council Member Estrada and unanimously carried, that the Personnel Actions dated July 21, 1989, submitted by the Chief Examiner, in accordance with all administrative regulations of the City of San Bernardino, be approved. (11) Council Member Minor made Council Member Estrada, that the adopted: a motion, seconded by following resolutions be . RES. 89-290 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COLTON-REDLANDS-YUCAIPA REGIONAL OCCUPATIONAL PROGRAM TO UTILIZE CLASSROOM AND LABORATORY FACILITIES TO BE USED FOR THE INSTRUCTION OF SCHOOL-AGE YOUTH OR ADULTS ENROLLED IN ROP FOR ANIMAL CARE. (12) RES. 89-291 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SARGEANT'S WHOLESALE BIOLOGICALS FOR THE PURCHASE OF FELINE CARCASSES FOR ANATOMY SPECIMENS. (13) RES. 89-292 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO MUNICIPAL COURT DISTRICT REGARDING A CHANGE IN THE PROCESSING OF ANIMAL CONTROL CITATIONS. (14) RES. 89-293 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE EVERGREEN SINGERS FOR THE PROMOTION OF ARTS AND CULTURE. (15) RES. 89-294 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1989-90 ASSESSMENT ROLL, CENTRAL CITY PARKING DISTRICT. (22a) . 5 8/7/89 . RES: 89~295 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1989~90 ASSESSMENT ROLL, EXPANSION OF FACILITIES FOR THE CENTRAL CITY PARKING DISTRICT. (22b) RES. 89-296 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1989-90 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 958, SEWER AND SEWER LIFT STATION CONSTRUCTION, PEPPER AVENUE AND MILL STREET AREA. (23) RES. 89-297 - RESOLUTION OF THE CITY OF SAN BERNARDINO OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BROWN & DIVEN RELATING TO PROVIDING BOND COUNSEL SERVICES FOR THE CAJON AND JUNE ACQUISITION DISTRICT, ASSESSMENT DISTRICT NO. 977. (24) . RES. 89-298 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BATEMAN EICHLER, HILL RICHARDS, INCORPORATED FOR INVESTMENT BANKING SERVICES FOR THE CAJON & JUNE ACQUISITION DISTRICT, ASSESSMENT DISTRICT NO. 977. (25) RES. 89-299 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GFB-FRIEDRICH AND ASSOC. INC. FOR ASSESSMENT ENGINEERING SERVICES IN CONNECTION WITH THE CAJON & JUNE AREA ACQUISITION DISTRICT, ASSESSMENT DISTRICT NO. 977. (26) RES. 89-300 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHOR I ZING AND DIRECTING THE EXECUTION OF A GRANT DEED TO YVONNE EVERETT AND TAMARIO FUND FOR CERTA IN REAL PROPERTY LOCATED AT 1322 MEDICAL CENTER DRIVE (KELLOGG LIBRARY). (27) RES. 89-301 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART, "A RESOLUTION. .PRO- HIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORT IONS THEREOF. . II i TO ESTABLISH A NO PARKING ANY TIME ZONE ON CAROLINE STREET BETWEEN HUNTS LANE AND CAROLINE STREET. (28) . 6 8/7/89 . RES. 89-302 - RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESS ING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES ON SAID PROPERTIES. (112 S. "D" ST. & 3957 N. MT. VIEW AVE.) (30) Resolution Nos. 89-290, 89-291, 89-292, 89-293, 89-294, 89-295, 89-296, 89-297, 89-298, 89-299, 89-300, 89-301, 89-302 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Maudsley. BOARD OF BUILDING COMMISSIONER RESOLUTIONS Council Member Minor made a motion, seconded by Council Member Estrada and unanimously carried, that the following Board of Building Commissioners' resolutions be filed: (31) BBC 1289 Theodore F. Morgan 588 W. 10th St. BBC 1290 Ronald & Marie Wirsz 200 W. 11th St. BBC 1291 Israel & Zenaida Aspe 1104 S. Waterman Ave. BBC 1292 Dav id Phil ip Lee 2005 Dumbarton BBC 1293 Nancy Miller 3215 N. fiG" St. BBC 1294 Wm. & Sharon Guerrero 1115 N. Western . BBC 1296 D & S Investment 681 W. 8th St. BBC 1297 Adams Del 145 W. Vine BBC 1300 Metmor Financial, Inc. 3033 N. Glenview Ave. BBC 1302 T. J. Haga 481 W. 14th St. BBC 1303 Ramon Campos 2334 N. Flores RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING PROCEDURES AND GUIDELINES FOR LIQUEFACTION INVESTINGATIONS AND REPORTS REQUIRED BY CHAPTER 15.08 OF THE SAN BERNARDINO MUNICIPAL CODE; AND RESCINDING RESOLUTION NO. 82-345. (29) (This resolution was adopted, but reconsidered later in the meeting) (See Page 14 ) APPROVAL OF COUNCIL MINUTES - MAY 18, 1989 - JUNE 21, 1989 Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino, be approved as submitted in typewritten form: May 18, 1989; June 21, 1989. (1) . 7 8/7/89 . APPROVAL OF COUNCIL MINUTES - JULY 5, 1989 _ JULY 11, 1989 Council Member Minor stated that he would abstain from voting on Council Minutes dated July 5, 1989 and July 11, 1989, as he was not present for those meetings. (1 ) Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, 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: July 5, 1989; July 11, 1989. The Council Miller. Absent: motion Member Noes: Council carried by the Estrada, Reilly, None. Abstain: Member Maudsley. following Flores, Council vote: Ayes: Pope-Ludlam, Member Minor; WAYS AND MEANS COMMITTEE MEETING REPORT _ JULY 24, 1989 In a memorandum dated July 28, 1989, Council Member Estrada, Chairman of the Ways and Means Committee, presented a report of the Ways and Means Committee meeting held on July 24,1989. The following items were on the agenda: (4) . 1. Report on Cultural Fees; 2. Proposed Increase in Medical Transportation Rates; 3. Release of Funds "Crackdown" Anti-Drug Program. A discussion ensued regarding the availability of funds for the "Crackdown" Anti-Drug Program. Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the report from the Ways and Means Committee meeting held July 24, 1989, be received and filed. PUBLIC WORKS/CITY ENGINEER - CHAPTER 27 IMPROVEMENTS PROGRAM - CITY WIDE - AUTHORIZATION TO PROCEED In a memorandum dated July 20, 1989, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that many parcels in the City are wi thout full street improvements. Chapter 27 of the Streets and Highways Code provides a process for installing these missing street improvements by ordering the property owner to install the missing street improvement at a cost to the property owner. (6) . 8 8/7/89 . The Mayor and Common Council suggested prepared identifying the parcels without improvements. that a map be full street Council Member Reilly, made a motion, seconded by Counc il Member Mi ller and unanimously carr ied, that the Director of Pub 1 ic Works/Ci ty Eng ineer, be author i zed to proceed wi th the identi fica tion of parcels wi thout full street improvements and initiate proceedings, under Chapter 27 of the Streets and Highways Code to order property owners to install the missing improvements. CONTRACT - CHANGE ORDER NO. THREE - SECCOMBE LAKE PARK PICNIC AREA - INSTALLATION OF UNDERGROUND ELECTRICAL SERVICES - MARINA CONTRACTORS, INC. CONTINUED FROM JULY 17, 1989 In a memorandum dated July 7, 1989, Roger G. Hardgrave, Director of Public Works/City Engineer, stated Change Order No. Three to the contract with Marina Contractors, Inc., provided electrical services in Seccombe Lake Park picnic areas at a contract price of $27,058.00 to be transferred from the Patton Park North Account to the Seccombe Lake Account. (34) . Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that the transfer of $27,058 from Account No. 243-363-57528, "Patton Park Development (86 Bond)" to Account No. 243-363-57618 "Seccombe Phase I-B", be approved. TENTATIVE TRACT NO. 11291 -1 & 3 - NORTHWEST CORNER OF PINE AVENUE AND OHIO AVENUE _ FINAL MAP APPROVAL - CONTINUED FROM JULY 17, 1989 In a memorandum dated June 28, 1989, Roger G. Hardgrave, Director of Public Works/City Engineer, stated tha t the fi nal maps have been rev iewed and found to be substantially in compliance with the Tentative Map and Subdivision Map Act. (37) The Mayor and Common Council requested that this resolution be tabled. RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 11291-1 & 3, LOCATED AT THE NORTHWEST CORNER OF PINE AVENUE AND OHIO AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVIS ION, WITH TIME FOR PERFORMANCE SPECIFIED. (37) . 9 8/7/89 . Council Member Flores made a motion; seconded by Council Member Estrada and unanimously carried, that said resolution be tabled. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 15.24 DEALING WITH PROPERTY MAINTENANCE AND REQUIRED MINIMUM STANDARDS. (38) City Clerk Clark read the title of the ordinance. In a memorandum dated July 26, 1989, Larry E. Reed, Director of Building and Safety, stated that this proposed ordinance attempts to set minimum property maintenance standards that would provide the City Staff and the City Attorney's Office with additional tools to help stop neighborhood deterioration, reduce blight and improve the general public welfare. Mayor Holcomb read the proposed ordinance in explained that this ordinance would require owners to maintain their own property within the standards of the ordinance. full. He property required . City Attorney Penman stated that his office prepared several versions of the ordinance and explained the differences between them. City Attorney Penman answered questions, stating that the fine for an infraction is $100.00 per violation, plus any court costs. Larry Reed, Director of Building and Safety, stated that Pat Zimmerman, Deputy City Attorney, prepared the ordinance. Pat Zimmerman, Deputy City Attorney, answered questions regarding the differences between residential and commercial landscaping requirements in the proposed ordinance. A discussion ensued regarding a provision being added to the proposed ordinance that would include maintenance requirements for auto garages. Pat Zimmerman explained the zoning requirements for commercial property. She stated that once the new zoning ordinances are in place and the proposed maintenance re- quirements are made retroactive, then all commercial property will have to comply wi th the standards established in the property maintenance ordinance. . 10 8/7/89 . The Mayor and Common Council predetermined date to allow lead to meet the requirements in maintenance ordinance. discussed establishing a time for property owners the proposed property Pat Zimmerman stated that new businesses are required meet the new landscaping maintenance requirements. Ms. Zimmerman explained that at the time notices of violations are distributed, the property owner has ample time to comply before receiving any citations from the Code Enforcement Officers. Larry Reed, Director of Building and Safety, stated that there was a concern regarding the impact of complaints from neighboring ci ti zens resulting from the proposed maintenance ordinance. He stated that he will have his code enforcement officers visit the residence informing them of their responsibilities prior to receiving a citation. He further added bilingual. that the ordinance will be . Ci ty Attorney Penman answered questions, explaining the differences between the industrial commercial nuisance ordinance adopted at the last Council Meeting and the proposed property maintenance ordinance. Larry Reed answered questions concerning methods of enforcement for residential landscaping requirements. Mayor Holcomb suggested that a special meeting be held to discuss the subject of blight throughout the City He suggested tow other programs that could help eliminate blight in the City: increase the business license fee for fast food establishments and then use the money to hire full time staf to pick up litter; and to impose an annual fee for all outdoor signs. The Council included graffiti as a discussion and suggested that there be an prohibiting the sale of pray paint to anyone years old. topic for ordinance under 18 City Attorney Penman stated that there is a law in the State of California prohibiting the sale of touline based substances to minors. . A discussion ensued regarding Special Council Meeting to discuss in the City. a time and date for a the subj ect of blight 11 8/7/89 . Council Member Miller made a motion, seconded by Council Member Minor, and unanimously carried, that a Special Council Meeting on blight abatement throughout the City be held, Saturday, September 9, 1989, at 9:30 a.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the four versions of the proposed ordinance adding Chapter 15.24 dealing with property maintenance and required minimum standards, be referred to the Legislative Review Committee. READING AND WAIVING OF RESOLUTIONS Ci ty Clerk Clark read the ti tles of all the resolutions on the Council and Supplemental Agenda, and on the Community Development/Redevelopment Agency Agenda. RECESS MEETING At 10:30 a.m., Mayor Holcomb called a five-minute recess. . RECONVENE MEETING At 10:35 a.m., Mayor Holcomb called the Meeting to order in the Council Chambers of City North "0" Street, San Bernardino, California. Regular Hall, 300 ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Minor, Pope-Ludlam; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Council Members Estrada, Maudsley, Miller. PUBLIC HEARING - MEDICAL TRANSPORTATION RATE INCREASE CONTINUED FROM JULY 17, 1989 This is the time and place continued to for discussion of a request from Courtesy Services of San Bernardino, Inc., to increase ambulance rates and to index ambulance rates to those established by the County of San Bernardino. (32) In a meeting of the Bureau of Franchises held on May 9, 1989, the proposal from Courtesy Services was reviewed and recommended for adoption with the stipulation that the issue of indexing ambulance rates be reviewed by the City Attorney. . 12 8/7/89 . In an opinion dated August 4, 1989, from City Attorney Penman, in conclusionstated that "The current sta tutory scheme does not allow the Ci ty to index its rates to those established by the County, but rather requires that specific hearings be held and findings be made". COUNCIL MEMBER FLORES EXCUSED Council Member Flores stated that he would not participate in the discussion of this item, as it may be a potential conflict of interest. He left the Council Meeting. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned Meeting and took her place at the Council to the Table. Council Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that this matter be referred back to the Franchise Bureau. . PROTEST HEARING - VACATION - FRONTAGE ROAD, WEST OF WATERMAN AVENUE, SOUTH OF CAROLINE STREET - CITY OF RIVERSIDE - CONTINUED FROM JULY 17, 1989 This is the time and place continued to for a protest hearing on the proposed vacation of a frontage road west of Waterman Avenue, south of Caroline Street. (33) In a letter dated July 27, 1989, M. William Holsinger, Real Property Services Manager for the City of Riverside, stated that the City of Riverside will object to the proposed vacation unless there is concurrance in a method of preserv ing access to its proper ty (5.915 acres owned in fee and wells and pipelines located in the street proposed for vacation). COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council Meeting and took her place at the Council Table. Mayor Holcomb opened the hearing. Mr. Holsinger, Real Property Manager of the City of Riverside, requested to continue this matter to the first meeting in September, 1989. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that this matter be continued to the first meeting in September, 1989. (September 6, 1989) . 13 8/7/89 . COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. READING AND WAIVING OF RESOLUTIONS Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that further reading of all the resolutions on the Council and Supplemental Agendas and Community Development Agency Agenda, be waived. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. SETTING DATE - FIRST COUNCIL MEETING IN SEPTEMBER 1989 Mayor Holcomb requested Council meet on September 6, Holiday, Monday, September 4, that 1989, 1989. the Mayor and Common due to the Labor Day COUNCIL MEMBER FLORES RETURNED Council Member Flores returned to the Council Meeting and took his place at the Council Table. . Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the first meeting of the Mayor and Common Council in September be held Wednesday, September 6, 1989. RECONSIDERATION - RESOLUTION ADOPTING PROCEDURES AND GUIDELINES - LIQUEFACTION INVESTIGATIONS AND REPORTS Counc i 1 Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, this resolution be reconsidered. (See Page 7) (29) RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING PROCEDURES AND GUIDELINES FOR LIQUEFACTION INVESTIGATIONS AND REPORTS REQUIRED BY CHAPTER 15.08 OF THE SAN BERNARDINO MUNICIPAL CODE; AND RESCINDING RESOLUTION NO. 82-345. (29) In a memorandum dated July 14, 1989, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that an agreement was reached with Planning, Building and Safety, Water Department, City Attorney's Office and consulting soil engineers, on the procedures and guidelines for the preparation of liquefaction reports. City Attorney Penman explained why this resolution should be referred to the Environmental Review Committee. . 14 8/7/89 ,- . Mayor Holcomb disagreed with the opinion of the Attorney General relating to the requirements established by CEQA. Larry Reed answered questions regarding the next scheduled Environmental Review Committee Meeting. Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that this matter be referred to the Environmental Review Committee then come back as a top priority item at the next Council Meeting. RES. 89-303 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 EN- TITLED IN PART "A RESOLUTION. . .ESTABLISHING A BAS IC COMPENSAT ION PLAN. .", BY ADDING THE POSITION OF ASSISTANT TO THE MAYOR AT RANGE 4140 $3005-3662/MO.) AND DELETING THE POSITION OF ADMINISTRATIVE ASSISTANT TO THE MAYOR AT RANGE 4129 ($2624-3l96/MO.) EFFECTIVE AUGUST 8, 1989. (17a) . RES. 89-304 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433 ENTITLED IN PART "A RESOLUTION. .CREATING AND ESTABLISHING PORTIONS OF THE VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO" BY ADDING THE POSITION OF ASSISTANT TO THE MAYOR AND DELETING THE POSITION OF ADMINISTRATIVE ASSISTANT TO THE MAYOR IN THE MAYOR'S DEPARTMENT EFFECTIVE AUGUST 8, 1989. (17b) A discussion ensued regarding the method used to justify the job classification for the position of Assistant to the Mayor in the Mayor's Department. Lorraine Verlarde, Executive Assistant to the Mayor, answered questions, stating that the City Administrator's Office had conducted an internal study for this position. City regarding Personnel Administrator Julian answered questions whether this request had been presented to the Committee. Council Member Miller made a motion, seconded by Council Member Estrada, that said resolutions be adopted. . Resolution Nos. 89-303, 89-304 were adopted following vote: Ayes: Council Members Estrada, Flores, Minor, Pope-Ludlam, Miller. Noes: None. Council Member Maudsley. by the Reilly, Absent: 15 8/7/89 . RES. 89-3135 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 EN- TITLED IN PART "A RESOLUTION. . .ESTABLISHING A BASIC COMPENSATION PLAN. . ." BY ADDING THE POSITIONS OF COMMUNITY SERVICE REPRESENTATIVE I AT RANGE 11383 ($1681-21349/MO.), COMMUNITY SERVICE REPRESENTATIVE II AT RANGE 11389 ($1812-22136/MO.), AND SENIOR DISPATCHER AT RANGE 11393 ($19132-2319/MO., EFFECTIVE AUGUST 8, 1989. (18a) RES. 89-3136 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 EN- TITLED IN PART "A RESOLUTION. . .ESTABLISHING A BASIC COMPENSATION PLAN. ."; BY ADDING THE POSITION OF COMMUNITY SERVICE REPRESENTATIVE III AT RANGE 2116 ($213133-2693/MO.), EFFECTIVE AUGUST 8, 1989. (18b) . RES. 89-3137 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433 ENTITLED IN PART "A RESOLUTION. .CREATING AND ESTABLISHING POS IT IONS FOR THE VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO"; BY DELETING ONE COMMUNITY SERVICES OFFICER POSITION; DELETING 113 COMPLAINT DESK COORDINATOR POSITIONS; DELETING 25 POLICE ASSISTANT POSITIONS; ADDING 25 COMMUNITY SERVICE REPRESENTATIVE I POS IT IONS ; AND ADDING 11 COMMUNITY SERVICE REPRESENTATIVE II POSITIONS IN THE POLICE DEPARTMENT. (18c) City Administrator Julian answered questions stating that funds for the proposed posi tions wi 11 be taken from salary savings in the Police Department. Donald Burnett, Police Chief, answered questions, stating that this request provides a career ladder for civilian personnel who have no career ladder. He stated that the position of Community Service Representative III will not be filled at this time. Council Member Minor made a motion, seconded by Council Member Estrada, that said resolutions be adopted. Resolution Nos. 89-3135, 89-3136, 89-3137 were adopted by the fOllowing vote: Ayes: Council Members Estrada, Rei lly, Flores, Minor, Pope-Ludlam, Mi ller. Noes: None. Absent: Council Member Maudsley. . 16 8/7/89 . RES. 89-308 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433 ENTITLED IN PART "A RESOLUTION. .CREATING AND ESTABLISHING POSITIONS FOR THE VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO"; BY ADDING TWO POSITIONS OF TYPIST CLERK II AND DELETING THE POS IT ION OF EXECUTIVE ASSISTANT TO CITY ADMINISTRATOR IN THE CITY ADMINISTRATOR DEPARTMENT. (20) City explaining pool. Administrator Julian answered questions, the purpose of the resolution and the clerical Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 89-308 was adopted by the following vote: Ayes: Council Member Estrada, Reilly, Flores, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Maudsley. . RES. 89-309 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOS ING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT. (21) A discussion ensued regarding the property owners to pay all abatement property is placed on the liens list. time costs frame before for the City Attorney Penman stated for the record that Attachment "A" was not listed in the back-up and that several City Officers were advised of potential conflict of interest as their names appeared on the list. He further stated that these conflicts have been resolved. Council Member Flores made a Council Member Pope-Ludlam, that adopted. motion, seconded said resolution by be Resolution No. 89-309 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Maudsley. . 17 8/7/89 . PERSONNEL COMMITTEE REPORT JULY 20, 1989 - REQUEST FOR SALARY ADJUSTMENTS FOR ASSISTANT & SENIOR ASSISTANT CITY ATTORNEY POSITIONS In a report dated July 20, 1989, Council Member Reilly, Chairman of the Personnel Committee, reported that the Committee voted against raising the salaries for the Assistant and Senior Assistant City Attorney positions as requested by City Attorney Penman. (2) The Mayor and Common Council discussed the effects of giving raises on a selective basis. Ci ty Attorney Penman explained why he had requested salary increases for Assistant & Senior Assistant City Attorney positions in his department. (Further action on this i tern appears later in the meeting). (See Page 29) . RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH COMP PLUS (HAM ILTON AND ASSOC IATES) FOR A MANAGEMENT/CONFIDENTIAL COMPENSATION STUDY. (19 ) Jim Robbins, Deputy City Administrator/Administrative Services, stated that the agreement of understanding with the Management Confidential Unit requires a salary survey conducted every other year by an outside firm, and that the fringe benefit studies be conducted in alternate years. This resolution will perform that study. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION. . ESTABLISHING A BASIC COMPENSATION PLAN. .", BY INCREASING THE SALARY RANGES FOR THE POSITIONS OF ASSISTANT CITY ATTORNEY (FROM RANGE 4176, $4686-5706/MO. TO RANGE 4184 $5l73-6300/MO.) AND SENIOR ASSISTANT CITY ATTORNEY (FROM RANGE 4184, $5l73-6300/MO. TO RANGE 4192 $5706-6959/MO.) EFFECTIVE AUGUST 8, 1989. (16) Ci ty Attorney Penman stated that he successful in saving taxpayers money by having attorneys handle various cases for the City. has been in-house He stated that several Attorney's Office to accept lawfirms. employees positions left with the City outside . 18 8/7/89 . He further stated that the salaries for the Assistant City Attorney and Senior Assistant City Attorney are inadequate compared to other Cities and other lawfirms. The possibility of transfering the Senior Assistant City Attorney position to the Redevelopment Agency to provide daily on going advice to the Agency was discussed. It was agreed upon by the Council, that further action on Items 2, 16 and 19 be continued until after the RDA Commission Meeting. (See Page 29). REQUEST - OFF-SITE IMPROVEMENT ASSISTANCE/ PROPERTY TRANSFER/WAIVER OF 1% BOND FINANCING FEE - COMMUNITY HOSPITAL In a memorandum dated August 2, 1989, Marshall Julian, City Administrator, provided information concerning the request from Communi ty Hospi tal to waive the development fees and listed the condi tions that were established by the Planning Commission concerning the signals at 19th and Medical Center Drive. (S-4) . In a letter dated July 25, 1989, Ray H. Barton, III, President & C. E. o. for the Arrowhead Heal th Care System, 1725 North Western Avenue, San Bernardino, Ca. 92411, requested that the Hospital be relieved of any costs relative to the upgrading of signalization at Medical Center Drive and 19th Street; that RDA extend the Joint Development Agreement for the sale of Orangewood Park property to Arrowhead Health Care; and that RDA be utilized to refinance the hospital bonds and that the one percent fee not be charged. Also attached to Mr. Barton's letter of July 25, 1989, are prev ious letters from John Wood, Development Specialist in the Redevelopment Agency, dated December 6, 1989 and Mr. Barton of the Arrowhead Health Care Systemm, dated September 28, 1989, regarding traffic signal improvements at Medical Center Drive and 19th Street. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the request of the Arrowhead Heal th Care System (Communi ty Hospi tal) be referred to the RDA Commi ttee for further clarification and consideration. . REDEVELOPMENT AGENCY/COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING Chairman Holcomb called the Regular Meeting of the Redevelopment Agency/Community Development Commission to order in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. 19 8/7/89 . Council Member Miller made Council Member Flores, that the adopted: a motion, seconded by following resolution be RES. 89-3113 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO LEASE ("PUBLIC ENTERPRISE CENTER" - CATV STUDIO) BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO. (R-9) Resolution No. 89-3113 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Maudsley. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, that the following resolution be adopted: RES. 89-311 - RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SAN ESTABLISHING COMPENSATION OF DEVELOPMENT COMMISSION MEMBERS AT MEETING. MAYOR AND BERNARDINO COMMUNITY $75.1313 PER (R-l13) . Resolution No. 89-311 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Maudsley. RECESS MEETING - RDA BOARD ROOM At 11:55 a.m., Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carr ied, that the Regular Meeting recess to a 1 uncheon workshop in the Redevelopment Agency Board Room, Fourth Floor of City Hall, 31313 North "D" Street, San Bernardino, California. RECONVENE MEETING - LUNCHEON WORKSHOP At 12:213 p.m., Mayor Holcomb called the Luncheon Workshop to order in the Redevelopment Agency Board Room, Fourth Floor, City Hall, 31313 North "D" Street, San Bernardino, California. . ROLL CALL Roll Call was taken by Ci ty Clerk Clark wi th the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Council Member Maudsley. 213 8/7/89 . BOND REFINANCING, DEBT RESTRUCTURING AND NEW ISSUES - PROPOSAL BY MILLER AND SCHROEDER - MORTGAGE REVENUE BONDS, DEBT FOR CENTRAL FIRE STATION AND CENTRAL LIBRARY - NEW TAX INCREMENT ISSUES This is the time and place set to hear a proposal for consolidation of outstanding bond issues and the issuance of new tax increment bonds for revenue purposes. (35) Jim Iverson of Miller and Schroeder Municipals, Inc., spoke regarding a Marks-Roos legislation which pertains to City and Redevelopment Agency bond financing. He presented a proposal whereby, through the formation of a joint powers authority (JPA), with the City and Redevelopment Agency as members, both the Ci ty and the Agency will be able to consolidate debt into five bond issues using three different types of financings. . The first part of the proposal involves existing mortgage revenue bonds. Presently, mortgage revenue bonds provide the City a revenue stream of $300,000+ per year. Miller and Schroeder proposes to buy that stream for a total sum of $3,500,000. This would be accomplished through the issuance of new author i ty bonds. The $3,500,000 will be available to the City and Agency on October 3, 1989, for immediate use. Mr. mortgages Schroeder Iverson gave statistics on the defeasance of in California and explained how Miller and arrived at the $3,500,000 figure. The second part of the proposal combines five Ci ty and Agency refundings into two for a savings of $1,300,000. The City public facilities lease revenue bond issues for the Fire Station and the Central Library would be combined into one new issue for a present value savings of $450,000. The City would benefit by not having to make a debt service payment on either facility this year. The second refunding is the restructuring of three of the Agency's State College Project No.4 debts into one issue, for a present value savings of approximately $850,000. The present interest rates on these issues ranges from 12% to 10%. A refunding would bring the total rate to 7% and would free up $1,000,000 in cash which could be spent immediately in addition to another $4,500,000 which will be freed up. . The third part of the proposal is to issue new tax increment bonds to provide $20,000,000 for use in several project areas. 21 8/7/89 . Mr. Iverson introduced a representative from Amback who will be looking at insuring the State College reissue. Mr. Iverson answered questions regard ing the money that will be available to the City based on his proposal and explained why the $3,500,000 cannot be given to the City until September 22, 1989. He also explained the "all or none" bid on the combined elements of the proposal and how that will allow money to go to the City. He explained that the term of the Library debt will be extended five years but the payoff for the fire station will be the same and stated that the City/Agency will have an AAA rating for its bonds. Mr. Iverson answered questions of City Administrator Julian on the purchase of the City's mortgage revenue bond pool income stream. No action was taken. It was agreed that the documentation for this proposal would be prepared in time for the August 21st Council Meeting. . RECESS MEETING - LUNCHEON WORKSHOP At 1: 25 p.m., Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the luncheon workshop recessed until 2:00 p.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECONVENE MEETING At 2:00 p.m., Mayor Holcomb called the Meeting to order in the Council Chambers of City North "0" Street, San Bernardino, California. Regular Hall, 300 ROLL Roll following Estrada, Penman, Absent: CALL Call was taken by the City Clerk with the being present: Mayor Holcomb; Council Members Reilly, Flores, Minor, Miller; City Attorney City Clerk Clark, City Administrator Julian. Council Member Maudsley, Pope-Ludlam. COMMENDATION - BLANCHE COOPER Lorraine Velarde, Executi ve Ass i stant to the Mayor, read a proclamation of commendation to Blanche Cooper a 58 year resident of the City, for her many years of service to the City of San Bernardino. Blanche Cooper was present to accept the commendation, and a mini-key presented by Mayor Holcomb. . 22 8/7/89 . APPEAL - PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT NO. 89-4 - MOBILE HOME PARK CONSTRUCTION VERDEMONT AREA ~ CONTINUED FROM JULY 5, 1989 This is the time and place continued to for an appeal hearing concerning Conditional Use Permit No. 89-4 for the construction of a mobile home park located on the south side of Kendall Drive at the southerly terminus of proposed Pine Avenue between the Cable Creek Control Channel. This matter was continued from the Council Meeting of July 5, 1989, for a report on the wind pressure in the Verdemont Area. (39) In a memorandum dated July 20, 1989, Larry Reed, Director of Building and Safety, provided a copy of Section 2311 of the ICBO Uniform Building Code which sets forth regulations on design standards covering the structural abi 1 i ty to resi st winds at high speeds. He stated that the Verdemont Area is defined as a high wind area according to Section 2311 and that effective August 1, 1989, all structures in the high wind areas described in the San Bernardino Municipal Code 15.04.095 shall be designed to withstand 110 m.p.h. wind speeds. Mayor Holcomb opened the hearing. . Brad Kilger, Director of Planning, referred to his memorandum dated August 2, 1989, outlining six additional archi tectual requirements for the proposed project. He stated that these six additional requirements could be placed on the units in the Verdemont Area: Larry Reed, Director of Building and Safety, explained his memorandum of July 20, 1989, which provided a report on the wind speeds in the Verdemont Area. He stated that it would probably be agreeable with the applicant to add a seventh condition to those outlined in Mr. Kilger's report of August 2, 1989, that would require all stick built and all mobile homes within the high wind area to withstand 100-110 m.p.h. wind speeds. City Attorney Penman stated that at the last Council Meeting he raised some concerns regarding the report from Mr. Reed and Mr. Kilger on the high wind issue. He stated that after some research he learned that there is a type of construction on mobile homes that can withstand 120 m.p.h. winds. He stated that if the developer agrees that the mobile homes that would be placed in that area would be able to withstand winds up to 120 m.p.h. that would solve the legal problem. . 23 8/7/89 . City Attorney Penman further stated for the record that he has reviewed the federal case of the City of Glen Haven, Florida, United States Court of Appeal, 11th Circuit, which struck down a city ordinance that attempted to impose greater safety requirements for mobile homes than those imposed under the national Manufactured Housing and Safety Standards Act. Michael Flesh, one of the owners of the land in which the project is to be built, stated that he is interested in complying with any valid requirements that the Council feels appropriate for this project. Brad Kilger stated required to go through the of compliance. that all the units will be DRC to determine the conditions Mr. Flesh answered questions, stating that willing to agree with the conditions of approval proposed project. he is for the . Barbara J. Roberts, 3766 Belmont Avenue, San Bernar- dino, CA 92407, appellant to the Planning Commission's approval of C.U.P. 89-4, indicated that she was satisfied wi th the newly established conditions that were outlined in Mr. Kilger's and Mr. Reed's staff reports for the construction of a mobile home park in the Verdemont Area. A discussion ensued regarding elementary schools and water supply area if the mobile homes are built. the impact on the in the surrounding Mayor Department demands in Holcomb stated that the San seems confident they will that area. Bernardino meet all Water water Brad Kilger pointed out that these newly required standards addressing the wind issue will also be required in conventional homes in the Verdemont Area. Council Member Miller made a motion, seconded by Council Member Reilly, that the hearing be closed; that the appeal be denied, and Conditional Use Permit No. 89-4 be approved subject to the Findings of Fact, Conditions of Approval, Standard Requirements contained in the May 16, 1989, Staff Report, the additional Conditions of Approval in the Supplemental Staff Report dated August 2, 1989, from the Planning Director; that the recommended Negative Declaration be adopted; and that the General Plan Consistency Finding be adopted. . 24 8/7/89 . The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Miller. Noes: Council Member Minor. Absent: Council Members Maudsley, Pope-Ludlam. APPEAL HEARING - VARIANCE NO. 89-4 - REQUEST FOR A 84' FREEWAY SIGN - GENERAL MAINTENANCE INCORPORATED This is the time and place set for an appeal hearing of the Planning Commission's denial of Variance No. 89-4 for a height variance on a freeway sign located at the southwest corner of Mill and "I" Streets. (40) In a memorandum dated July 18, 1989, Brad Kilger, Director of Planning, recommended approval of the request from General Maintenance, Inc., for Shell Oil Company, subject to a compromised height limit of 60 feet based on the Findings of Fact contained in the June 20, 1989, staff report. . In a letter dated June 30, 1989, Robb O. Lewis, Vice President of General Maintenance Incorporated, 11372 Western Avenue, Stanton, CA 90680, stated that Shell Oil had applied for a variance from Municipal Code Section 19.60.220 (F) (2), including a reduction in square footage of their existing legal non-conforming freeway sign from 180' to 144 square feet, and lowering the sign from 91' to 84' in overall height. The letter also stated that due to the position of the property wi th respect to the height of the freeway overpass, lowering the sign below 84 feet would virtually allow no visibility and would diminish the traffic flow and profitability of the service station. Mayor Holcomb opened the hearing. Brad Kilger, Director of Planning, stated that this proposal from Shell Oil is 44 feet higher than the maximum allowed by the San Bernardino Municipal Code. The Shell service station and mini-mart has an existing free standing sign that is 91 feet in height. The existing sign is non-conforming according to Code which restricts sign height to 40 feet and sign area to 50 square feet. COUNCIL MEMBER POPE-LUDLAM ARRIVED At 2:20 p.m., Council Member Pope-Ludlam arrived at the Council Meeting and takes her place at the Council Table. . 25 8/7/89 . Brad Kilger answered questions regarding the height of the current sign. He stated that the applicant prefers to lower the sign to 84 feet. Although the current sign is non-conforming and is excessive, it could remain there under current code. Brad Kilger answered questions recommended height for the sign was analysis. stating based tha t the on visual City Attorney Penman read the findings that explained why this application meets the requirements for a variance. He pointed out that if the variance is not granted, the applicant will be allowed to continue to have the current sign which is 91 feet in height. Loree Burke, 5202 Connector Lane, Huntington Beach, Ca., representing Shell Oil Company, stated that they are proposing to reduce the size of the sign to 144 sq. ft. She stated that Shell Oil engineers conducted a survey and agreed to bring the sign down to 75 sq. ft. which does not allow for any tree growth. A discussion ensued regarding an acceptable height for the sign. . Ms. Burke answered questions, stating that Shell Oil Company's minimum heigth for the sign is 75 sq. ft. Council Member Flores made a motion, seconded by Council Member Miller that the hearing be closed; that the appeal be upheld; and that Variance No. 89-4 be approved subject to a height limit not to exceed 60 feet, subject to the Findings of Fact and Cond i tions conta ined in the June 20, 1989, Planning Commission staff report. City Attorney Penman answered questions regarding the applicant's refusal to lower the sign below 75 feet. Planning Director Kilger answered questions stating that the applicant requested the variance in order to comply with current requirements, in order to replace the old three pole sign with a new two pole sign. City Attorney Penman answered questions, stating that that there is no legal reason for the applicant to tear down the old three pole sign. Ms. Burke stated that Shell entire station/mini-mart including Oil is upgrading a new sign. the . 26 8/7/89 . Council Member Flores withdrew his motion. Council Member Estrada made a substitute motion, seconded by Council Member Reilly, that the hearing be closed; that the appeal be upheld; that Variance No. 89-4 be approved subject to a height limit not to exceed 75 feet, subject to the findings of fact and conditions contained in the June 20, 1989, Planning Commission Staff Report. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Minor, Pope-Ludlam, Miller. Noes: Council Member Flores. Absent: Council Member Maudsley. APPROVAL CONDITIONAL USE PERMIT NO. 89-25 - TO MOVE AND CONVERT RESIDENCE (MILES HOUSE) TO PROFESSIONAL OFFICE USES - WEST SIDE OF "0" STREET, SOUTH OF EIGHTH STREET - JIM ROCK ENTERPRISES This is the time and place set for consideration of Conditional Use Permit No. 89-25 to allow the relocation and commercial conversion of the Miles House to a lot located on the west side of "0" Street immediately south of the Heritage House on Eighth Street. (41) . In a memorandum dated July 17, 1989, Brad Kilger, Director of Planning, stated that the Planning Commission recommended approval of Conditional Use Permit No. 89-25, subject to the Findings, Standard Requirements and Conditions as outlined in the staff report dated July 18, 1989. Mayor Holcomb opened the hearing. Brad Kilger, Director of Planning, stated that San Bernardino Municipal Code Section 19.68.070 which requires that all work be completed wi thin 120 days from date of issuance of the building permit for the building move does not meet the intended newly adopted General Plan. He stated that historical buildings require more time and care to ensure the preservation of the structure when it is moved. Due to that fact, staff included in the conditions of approval the requirement of one year to complete the work per the disposition and development agreement. . Mr. Kilger further stated that the requirement to guarantee the good faith performance and completion of the terms and conditions of the permit in an amount equal to the estimated cost necessary to cover such good fai th performance of an amount not less than $10,000.00 was attached to the conditions of approval. 27 8/7/89 . Gary Wagoner, Development Specialist in the Redevelopment Agency, answered questions, stating that he will work with the City Attorney and Planning Director to come up with a financial instrument that will guarantee the good fai th per formance bond in an amount not less than $10,000.00. Planning Director Kilger indicated that would be acceptable. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, that the hearing be closed; that the Mayor and Council approve Conditional Use Permit No. 89-25, subject to the attached Findings of Fact, Standard Requirements and Conditions of Approval. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Minor, Pope-Ludlam, Miller. Noes: Council Member Flores. Absent: Council Member Maudsley. . RES. 89-312 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO THAT AGREEMENT ADOPTED IN RESOLUTION NO. 87-267 WITH ENVICOM CORPORATION FOR CONSULTING SERVICES FOR REVISIONS TO THE GENERAL PLAN. (42) In a memorandum dated July 20, 1989, Brad Kilger, Director of Planning, explained the additional tasks Envicom Corporation performed for the City as requested by the Mayor and Common Council. He stated that these tasks have been completed at an amended cost to the contract in the amount of $20,730. The total contract amount will increase from $697,554 to $718,284. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted: Resolution No. 89-312 was vote: Ayes: Council Members Minor, Pope-Ludlam, Miller. Council Member Maudsley. adopted Estrada, Noes: by the following Reilly, Flores, None. Absent: . 28 8/7/89 . APPROVAL OF PERSONNEL COMMITTEE REPORT - JULY 20, 1989 - CONTINUED FROM EARLIER IN THE MEETING (See Page 18 ) In a memorandum dated July 21, 1989, Council Member Jack Reilly, Chairman of the Personnel Committee, presented a report of the Personnel Committee Meeting held on July 20, 1989. The following items were on the agenda: (2) 1. Reorganization of Mayor's Staff. 2. Request for Reclassification of Account Clerk III to Accounting Technician - Finance Department. 3. Request for Salary Adjustments - Assistant & Senior Assistant City Attorney. Council Member Miller made a motion, seconded by Counc il Member Pope-Ludlam and unanimously carr ied, that the report from the Council Personnel Committee meeting held on July 20, 1989, be received and filed. . RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUT ION. . ESTABLI SHING A BAS IC COMPENSAT ION PLAN. . "BY INCREAS ING THE SALARY RANGES FOR THE POS IT IONS OF ASS ISTANT CITY ATTORNEY (FROM RANGE 4176, $4686-5706/MO. TO RANGE 4184 $5173-6300/MO.) AND SENIOR ASSISTANT CITY ATTORNEY (FROM RANGE 4184, $5173-6300/MO. TO RANGE 4192 $5706-6959/MO.) EFFECTIVE AUGUST 8,1989. (16) (Continued from earlier in the meeting) (See Page 18 Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be continued to the Mayor and Common Council Meeting of August 21, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 89-313 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH COMP PLUS (HAMILTON AND ASSOCIATES) FOR A MANAGEMENT/CONFIDENTIAL COMPENSATION STUDY. (19) (Continued from earlier in the meeting) (See Page 18). Council Member Pope-Ludlam Council Member Miller, that adopted. made a motion, seconded by the above resolution be . 29 8/7/89 . Resolution No. 89-313 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Maudsley. CRACKDOWN ANIT-DRUG PROGRAM - RUBEN HERNDON - REQUEST FOR FINANCIAL ASSISTANCE - In a memorandum dated July 27, 1989, Marshall Julian, City Administrator, stated that the request from Ruben Herndon for financial assistance for the Crackdown theatrical production in the amount of $30,000.00 was heard before the Ways and Means Committee on July 24,1989, but was referred back to Council for further action. (S-l) In a letter dated July 24, 1989, Ruben prov ided a rev ised budget as requested by the Means Committee on the proposed expenditures Crackdown Program. Herndon Ways and for the In a previous letter dated June 29, 1989, Ruben Herndon of Crackdown, Inc., explained how the program worked and included a four month operation plan for the remaining four months of the contract effective July 1, 1989 through October 30, 1989. . Ruben Herndon, Crackdown, Inc., stated that the revised budget included additional information requested by the Ways and Means Committee indicating how many people were reached through the Crackdown Program. He provided the following statistics: 106,293 reached directly through live performances including the media and newspapers, 615 directly involved in the presentations, and 1,861 counseled through private sessions, auditions, reherasals and talent competitions. Mr. Herndon stated that he expects to reach 1,250 through the two presentations planned for the City of San Bernardino this summer. A discussion available through Crackdown Program. ensued regarding funds being made the Fine Arts/Cultural Account for the Council Member Estrada, Chairman of the Ways and Means Committee, explained some of the concerns of the Committee relative to Mr. Herndon's request for financial assistance. Mr. Herndon explained the advantages of combining the Crackdown Program with the Boys Club of San Bernardino. . 30 8/7/89 . The Council offered a proposal that the City fund on an interim basis $5,000.00 from the General Fund to assist the Crackdown Program; that Mr. Herndon come back with an acknowledgement that the Boys Club will establish a subcommittee of their board to oversee the Crackdown Program; and that this matter come back and be reviewed in 30 days. Mr. Herndon stated that he would not deny any offers for funding but suggested that the funds be increased to $10,000. The $10,000 would provide for three presentations prior to the start of school in September. A discussion ensued regarding the lack of accountability of funds for the Crackdown Program. Mr. Herndon assured the Council that any funds granted to the Crackdown program would be accounted for and properly spent. He stated that none of the money would be spent on payroll. Mayor Holcomb suggested that the Parks, Recreation and Community Services Department oversee the expenditure of funds for the Crackdown Program in San Bernardino. . Mr. Herndon agreed with having the Parks, Recreation and Community Services Department oversee the expenditure of funds for the Crackdown Program. City Administrator Julian answered questions regarding the funding source for the Crackdown Program, stating that the $10,000 will come out of the Arts/Cultural Fund. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, that $10,000 be allocated to the Parks, Recreation & Community Services Department from the Arts/Cultural Fund; and that the monies be directed towards the Crackdown Program in San Bernardino. The motion carried by the following vote: Council Members Estrada, Reilly, Pope-Ludlam, Noes: Council Members Flores, Minor. Absent: Member Maudsley. Ayes: Mi ller. Council RES. 89-314 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE CITY'S UTILIZATION OF MINORS IN THE JUVENILE WORK PROGRAM. (S-2) . 31 8/7/89 . Council Member Reilly made a Council Member Flores, that the adopted. motion, seconded above resolution by be Resolution No. 89-314 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council Members Maudsley. RES. 89-315 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LLOYD WEVERKA RELATING TO THE PROVISION OF CONSTRUCTION INSPECTION SERVICES FOR THE INTERCEPTOR SEWERS IN THE MUSCOY AREA. (S-3) Council Member Pope-Ludlam Council Member Miller, that adopted. made a motion, seconded by the above resolution be Resolution No. 89-315 was vote: Ayes: Council Members: Minor, Pope-Ludlam, Miller. Council Member Maudsley. adopted by the following Estrada, Reilly, Flores, Noes: None. Absent: . PERSONNEL ACTION - ANITA L. DOMINGUEZ - ANIMAL CONTROL In a memorandum dated August 10, 1989, Gordon Johnson, Director of Personnel, requested that the Personnel Action for the appointment of Anita L. Dominguez, Animal Shelter Office Specialist position be listed as "Appointment/Provisional". (S-5) Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that the Personnel Action submitted by the Chief Examiner dated August 10, 1989, in accordance with all administrative regulations of the City of San Bernardino, be approved. RES. 89-316 - RESOLUTION OF THE CITY OF SAN BERNARDINO SUPPORTING THE ESTABLISHMENT OF COMMUTER RAIL BETWEEN SAN BERNARDINO COUNTY AND LOS ANGELES AND THE PLACEMENT OF A COMMUTER RAIL STATION IN THE CITY OF SAN BERNARDINO. (S-6) Council Member Estrada made a Council Member Reilly, that the adopted. motion, seconded above resolution by be . 32 8/7/89 . vote: Minor, Counc il Resolution No. 89-316 was Ayes: Counc i 1 Members Pope-Ludlam, Miller. Member Maudsley. adopted by the following Estrada, Reilly, Flores, Noes: None. Absent: Council Member Estrada made a motion, seconded by Council Member Reilly, that the following resolution be adopted: RES. 89-317 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE AND SALE AGREEMENT WITH THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO RELATING TO THE PURCHASE OF CERTAIN REAL PROPERTY AT 181 SOUTH "G" STREET. (RS-3a) Resolution No. 89-317 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Minor, Pope-Ludlam, Miller. Noes: Council Member Flores. Absent: Council Member Maudsley. Dennis Barlow, Senior Assistant City Attorney, answered questions regarding the organizational structure of the Redevelopment Agency/Community Development Commission. . CLOSED SESSIONS At 3: 25 p.m., Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the Common Council recess to Closed Session pursuant to the fallowing Government Code Sections: 54956.9(b) (1) to regarding pending litigation, exposure to litigation; confer wi th as there its attorney is significant (43 ) 54956.9 (c) - to confer with its attorney regarding pending litigation, so that Council may decide whether to initiate litigation; (44) 54957 - to consider personnel matters; (45) 54956.9 (a) to confer with its attorney regarding pending litigation which has been initiated formally to which the City is a party as follows: (46 & S-7)) City of San Bernardino vs. California Construction Management Ine.,et al - San Bernardino Superior Court Case No. 238755; . 33 8/7/89 . Saldecke, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 236836; Cable Lake Association vs. City of San Bernardino - San Bernardino Superior Court Case No. 239714 and Case No. 239649; City of San Bernardino vs. San Bernardino Baseball Club, Inc. San Bernardino Superior Court Case No. 239193; Stubblefield Construction Company, et al vs. City of San Bernardino, et al San Bernardino Superior Court Case No. 232998; Juan Manuel Sanchez vs. City of San Bernardino - United States District Court Case No. CV87-229l AWT (Bx); Char les H. Brown vs. Ci ty of San Bernardino - San Bernardino Superior Court Case No. 243087; Sock Dawson, et al vs. City of San Bernardino, et al - United States District Court - Case No. SA 88-461 AHS (RWRx) ; . Barron/Alcarez vs. City of San Bernardino San Bernardino Superior Court Case No. 241692; Barratt, Inc. , vs. City of San Bernardino San Bernardino Superior Court Case No. 242433; Reynolds vs. City of San Bernardino - San Bernardino Superior Court Case No. 248752; Walker, Ruby vs. City of San Bernardino San Bernardino Superior Court Case No. 237618; Adkins vs. City of San Bernardino - San Bernardino Municipal Court Case No. 109709; Dudley Brewster, et al vs. Southern Pacific Railroad, et al - San Bernardino Superior Court Case No. 249736; Pedersen vs. City of San Bernardino - San Bernardino Superior Court Case No. 233830; City of San Bernardino vs. Patel - San Bernardino Superior Court Case No. 250473; Save San Bernardino vs. City of San Bernardino - San Bernardino Superior Court Case No. 250425; . 34 8/7/89 . Perr /Dra 0 vs. Cit Bernardino Superior Court with 244268); of Case San Bernardino San No. 24 095 (Consolidated Arriaga vs. City of San Bernardino - San Bernardino Superior Court Case No. 247466; Catlett vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 243182; Perez vs. City of San Bernardino - San Bernardino Superior Court Case No. 246648; Aldrich vs. City of San Bernardino - San Bernardino Superior Court Case No. 237942; Crain vs. City of San Bernardino - San Bernardino Superior Court Case No. 229990; Valenzuela vs. City of San Bernardino San Bernardino Superior Court Case No. 242137; Amaral vs. City of San Bernardino - San Bernardino Superior Court Case No. 239289; . Anderson vs. City of San Bernardino - San Bernardino Superior Court Case No. 243039; Barrera vs. City of San Bernardino - San Bernardino Municipal Court Case No. 117037; Benson vs. City of San Bernardino - San Bernardino Superior Court Case No. 239805; Bleckert vs. City of San Bernardino - San Bernardino Superior Court Case No. 241801; Bonelli vs. County/City of San Bernardino San Bernardino Superior Court Case No. 236473; Castro vs. City of San Bernardino - San Bernardino Superior Court Case No. 245222; Diaz vs. City of San Bernardino Superior Court Case No. 243548; San Bernard ino Faulkner vs. City of San Bernardino - San Bernardino Superior Court Case No. 226781; Garibay vs. City of San Bernardino - San Bernardino Superior Court Case No. 237901; . 35 8/7/89 . Grady vs. City of San Bernardino - San Bernardino Superior Court Case No. 243287; Hayes vs. Delaney/City of San Bernardino San Bernardino Superior Court Case No. 240286; Hudson vs. City of San Bernardino - San Bernardino Superior Court Case No. 244466; Kaplan vs. City of San Bernardino - San Bernardino Superior Court Case No. 225490; Magdaleno vs. City of San Bernardino - San Bernardino Superior Court Case No. 248739; Orona vs. City of San Bernardino - San Bernardino Superior Court Case No. 246342; Payne vs. City of San Bernardino - San Bernardino Superior Court Case No. 240290; Sanchez, Josephina vs. City of San Bernardino - San Bernardino Superior Court Case No. 235420; . Ticich vs. City of San Bernardino - San Bernardino Superior Court Case No. 243924; Whittaker vs. City of San Bernardino - San Bernardino Superior Court Case No. 238417; Wooley vs. City of San Bernardino - San Bernardino Superior Court Case No. 228789; Cable Lakes vs. City of San Bernardino - Appellate Court Case No. E004705; Shadow Hills vs. City of San Bernardino - Appellate Court Case No. E005396; CLOSED SESSION At 3:25 p.m., Mayor Holcomb called the Closed Session to order in the Conference Room of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by Ci ty Clerk Clark wi th the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Council Member Maudsley. . 36 8/7/89 I I . ADJOURN CLOSED SESSION At 4:40 p.m., the Closed Session adjourned to Regular Meeting of the Mayor and Common Council of City of San Bernardino. the the RECONVENE MEETING At 4:40 p.m., Mayor Holcomb called the Regular Meeti ng of the Mayor and Common Counc il to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Council Member Maudsley. RECESS MEETING - STURGES AUDITORIUM At 4:40 p.m., Council Member Miller made a motion, seconded by Council Member Minor and unanimously carried, that the meeting recess unti I 7: 00 p.m., at the Sturges Auditorium, 798 North "F" Street, San Bernardino, California. . RECONVENE MEETING - STURGES AUDITORIUM At 7:00 p.m., Mayor Holcomb called the meeting to order in the Sturges AUditorium, 798 North "F" Street, San Bernardino, California. INVOCATION The Invocation was given by John Cole, Administrative Assistant to the Council. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Miller. ROLL CALL Roll Call was taken by Ci ty Clerk Clark wi th the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Council Member Maudsley. MOBILEHOME RENT STABILIZATION This is the time and place mobilehome rent stabilization and of San Bernardino. AND MORATORIUM set for discussion of moratorium in the City (36) . 37 8/7/89 . In letters dated June 11 and June 15, 1989, "Ernie" Howard, P.O. Box 878, San Bernardino, Ca. on behalf of the mobilehome park renters, provided of correspondence, notice of rent increases, and a of complaint regarding mobilehome parks in the City Bernardino. E. L. 92402, copies letter of San Mayor Holcomb called attention to a newspaper ad in the Sun Newspaper that referred to the 7:00 p.m., meeting being held at the Sturges Auditorium which read: "On Monday Night August 7, 1989, the San Bernardino City Council plans to consider the Mayor's Radical Scheme that would destroy the City's Rental Assistance Program". Mayor Holcomb stated tha t he has no scheme just a desire to have rent justice in the City of San Bernardino. Mayor Holcomb requested that the published ad in the Sun Newspaper concerning the Mayor's Radical Scheme be corrected. . Pat Anderson, President of the San Bernardino Parkowners Association and park owner of Fiesta Hills Mobile Home Park, answered questions regarding the "Mayor's Radical Scheme". She stated that action taken tonight would in fact take away the Rental Assistance Program which was established by the park owners under the condition that the City Council would not adopt a rent control ordinance. Pat Anderson stated that the newspaper ad would be corrected. Mayor Holcomb read a list of cities in Southern California that have a successful mobilehome rent control program. He stated that those in cities that have mobile home rent control, the taxpayers are not burdened with the administration costs. Rent control administration costs are paid for out of the rents collected from the tenants. Mayor guidelines assistance. Holcomb explained the Rental Assistance Program that are used to qualify applicants for Ken Henderson, Director of answered questions regarding the to qualify applicants through Program. Community Development, federal guidelines used the Rental Assistance . 38 8/7/89 . Pa t Ander son sta ted tha t when increases, consideration was given Social Security Supplemental Income. calculating to those the rent receiving Ken Henderson answered questions regarding the number of applicants that have applied for assistance through the Rental Assistance Program. He stated that out of the 104 households that have applied for assistance, 37 were granted assistance, and 67 were denied. Pat Anderson further stated that the rent subsidy program will stop if there is a rent moratorium or any type of rent control in the Ci ty. She sta ted that the $40,000 raised by the park owners was contributed to the rental assistance program on the condition that the City would not adopt a mobilehome rent control ordinance. Mayor Holcomb pointed out that there are many mobilehome parks that are being sold like commodities. For the record, he read a letter dated December 8, 1988 from PVC Properties to the mobilehome owners at Glen Aire Mobile Home Park declining to meet with the residents concerning another rent increase imposed by the park owners. . Mayor Holcomb explained that mobilehome rent gouging that needs having some sort of rent control. its this type to be contained of by Jerry Butler presented a document dated July 27, 1989, conta ining sta ti stics on mobilehome rent increases in the following seven mobilehome parks in the City in the last ten years: Sequoia Plaza, Royal York, Ninth Street, Acacia Villa, Pepper Villa, Tropicana, and Rancho Meridian. Mr. Butler explained that there are many forms of rent increases that have occurred in many of the parks such as requiring the tenants to subscribe to Cable T.V., imposing add-on utilities that were once provided by the parkowner and reductions in routine maintenance service of the parks. A discussion ensued regarding intimidation used by the parkowners the mobilehome owners to sign leases. different forms and managers to of get Jerry Butler answered questions regarding the statistics in his document showing the percentage of rent increases over the past ten years. . 39 8/7/89 . Mayor Holcomb opened the hearing. The following people spoke in favor of having a mobilehome rent moratorium: Wally Hilderband, 222 S. Rancho, Glen Aire Mobilehome Park, Space 41, San Bernardino, California; Ira Bracken, Glen Bernardino, California; Aire Mobilehome Park, San Leo Fuller, Mobilehome Lender, 2266 Bradford, San Bernardino, California; Bill Lambskins, 2505 W. Foothill, Sequoia Plaza Mobilehome Park, Space 126, San Bernardino, California; Luther Fair, 2505 W. Foothi 11, Sequoia Plaza Mobilehome Park Space 101, San Bernardino, California; Ernie Howard, 2686 W. Mill Street, Rancho Meridian Mobilehome Park, Space 56, San Bernardino, California. . Clay Hage, Regional Director, Western Mobilehome Association, 3773 Tippit Street, Riverside, Ca., gave a presentation listing the disadvantages of having a mobilehome rent control ordinance. He stated that a rent control ordinance will not solve the problems that many of the tenants are faced with, nor secure affordable housing in the City. Mr. Hage stated that the rent subsidy program that exists in some of the mobilehome parks will remain and those tenants having problems paying their rent will be subsidized. He explained the Civil Rights Act of 1968 HR1l58 which outlaws adult-only or seniors-only mobilehome parks, stating that when these parks no longer provide the ameni ties for seniors as required by the Federal Government, HUD representa ti ves are sent out to inspect and require these parks to open up to families. Mr. Hage further stated that he does not agree with mobilehome rent control, but will continue to cooperate with the Council as he has done in the past. Jack Duckworth, a businessman and parkowner City of San Bernard ino, spoke concerning the once refuse pick-up service. in the a week . 40 8/7/89 . Mr; Duckworth further read for the record a portion of the decision in the Hall vs. Santa Barbara case which stated:" .to the extent that the purposes of the ordinance is to provide low to moderate income housing in general, the ordinance totally fails to achieve this purpose. It does nothing to keep low to moderate income housing available to subsequent tenants, as those subsequent tenants are paying high premiums on the coaches they buy from the former tenants. These high premiums are being paid because the buyer is being guaranteed the right to rent controlled property, in perpetutity. The Court finds that the ordinance does not advance the legitimate interest of providing low to moderate income housing, furthermore, there are equal effective ways of protecting residents without giving a windfall to current mobilehome tenants at the expense of the mobilehome parkowner when the tenants vacate the premises". Pat Anderson, park owner of Fiesta Hills Mobilehome Park, stated that none of the code violations and complaints that many of the mobilehome tenants are experiencing were brought before the Mobilehome Task Force which was formed to address these concerns. . Sally Wilder, President of Mobilehome Organized Residence Enterprise, spoke concerning the number of applicants that have applied for rental assistance. She stated that as of May 30, 1989, there were 113 clients, 43 received rental assistance, 61 denied, 1 inactive and 8 pending. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the public hearing be closed. Mayor moratorium back. Holcomb urged the Council to support a 120 and give further consideration to a rent roll Council Member Flores made a motion, seconded by Council Member Estrada, that the Mayor and Common Council support in pr inc ipal and instruct the Ci ty Attorney to prepare the necessary ordinance for a 120 day moratorium on mobilehome rents, leaving open the question of a roll back, to be brought back at the next Council Meeting of August 21, 1989. The motion carried by the following vote: Council Members Estrada, Flores, Pope-Ludlam, Noes: Council Members Reilly, Minor. Absent: Member Maudsley. Ayes: Miller. Counc il . 41 8/7/89 -r . ADJOURNMENT At 9: 30 p.m., Council Member Miller made a motion, seconded by Council Member Minor and unanimously carr ied that the meeting adjourn to 8:30 a.m., Monday, August 21, 1989, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. (47) SHAUNA CLARK City Clerk by-L2kW ~~ Deputy ty Cle k No. of Items: 65 No. of Hours: 8hrs. 45 min. . . 42 8/7/89