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HomeMy WebLinkAbout02-19-1990 Minutes City of San Bernardino, California February 19, 1990 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 8:30 a.m., Monday, February 19, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Council Member Estrada. RECESS MEETING - CLOSED SESSION At 8:30 a.m., Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the Mayor and Common Council and Community Development Commission recess to closed session for the following: (1) 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)(I), as there litigation; attorney regarding pending Government Code Section is significant exposure to f. to confer with the attorney regarding litigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending Section decide 1 2/19/90 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. City of San Bernardino. et al - San Bernardino Superior Court Case No. 232998; 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); Reynolds vs. Citv of San Bernardino Superior Court Case No. 248752; San Bernardino Dudley Brewster. et al vs. Southern Pacific Railroad. et al - San Bernardino Superior Court Case No. 249736; Save San Bernardino vs. City of San Bernardino San Bernardino Superior Court Case No. 250425; C.F.B. Investments. Ltd. vs. Citv of San Bernardino - United States District Court - Case No. SA CV89-862 JSC (RWRx); Randall vs. City of San Bernardino - San Bernardino Superior Court Case No. 250472; Gradv vs. City of San Bernardino - San Bernardino Superior Court Case No. 243287. Southern Pacific Transportation Companv. et al vs. San Bernardino San Francisco Superior Court 877359; City of Case No. Charles H. Brown vs. City of San Bernardino, et al - United States District Court Case No. SACV 88-495 (AHS); Char les Hudson Brown vs. Domino. et al - San Bernardino Superior Court Case No. 243087. CLOSED SESSION At 8:30 a.m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Pope- Ludlam, Miller; City Attorney Penman, City Administrator Julian. Absent: Council Member Estrada, City Clerk Clark. 2 2/19/90 Also present were: Deputy City Attorney Empeno; Sr. Assistant City Attorney Brue; Deputy City Administrator Robbins. READING OF RESOLUTIONS AND ORDINANCES City Clerk Clark read the titles of all the resolutions and ordinances on the regular and supplemental agendas. COMMUNITY CLARK INTO At 8: 47 Development and DEVELOPMENT DIRECTOR HENDERSON CLOSED SESSION a.m., Ken Henderson, City Clerk Clark arrived AND CITY CLERK Director of Community at the closed session. COUNCIL MEMBER ESTRADA ARRIVED Council Member Estrada arrived at the closed session. DEPUTY CITY ATTORNEY EMPENO EXCUSED Deputy City Attorney Empeno left the closed session. ADJOURN CLOSED SESSION At 9:20 a.m., the closed session was adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino, California. RECONVENE MEETING At 9:30 a.m., Mayor Holcomb called the Regular Meeting of the Mayor and Common Council to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. INVOCATION The invocation was given by Rev. Michael Samartha of St. John's Episcopal Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Estrada. SERVICE PINS AWARD CEREMONY 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 for his/her many years of dedicated service to the City. (4) PROCLAMATION - NUTRITION MONTH - MARCH Lorraine Velarde, Executive Assistant proclamation declaring March as National 1990. 1990 to the Mayor, read a Nutrition Month for (5) 3 2/19/90 Ms. Linda Chan and Ms. Robin Nishiwaki, Nutritionist, District President, were present proclamation from Mayor Holcomb. Public Health to accept the COMMENDATION - EXCHANGE CLUB Lorraine Velarde, Executive Assistant to resolution commending the Exchange Club for contribution to our community. the Mayor, read a their outstanding (5) Mr. Richard Stephens, President of the Exchange Club for San Bernardino, was present to accept the resolution of commendation from Mayor Holcomb. PROCLAMATION - NATIONAL ENGINEERS WEEK- FEBRUARY 18-24, 1990 Lorraine Velarde, Executive Assistant to the proclamation declaring February 18-24, 1990 Engineer's week. Mayor, read a as National ( 5 ) Mr. Sukhdev S. Mathaudhu, Chairman of Council of Engineers and Scientists and Mr. Director of Public works/City Engineer, were the proclamation from Mayor Holcomb. the Inland Empire Roger Hardgrave, present to accept ANNOUNCEMENT BY MAYOR - MAKING THE GRADE YOUTH FORUM- YOUTH COMMISSION Mayor Holcomb announced that he met with several youth representatives who participated in the Making the Grade Youth Forum. He stated that many youths felt that the underlying causes of at-risk behavior is caused by peer pressure; lack of love and support from family unit; lack of self-esteem; boredom/depression; and motivation by school system. He stated that the Youth Forum recommended that a youth commission be established, and it has submitted a proposal to establish a such a commission. (2) APPOINTMENT - PATSY MCDANIEL - COMMUNITY DEVELOPMENT CITIZEN ADVISORY COMMITTEE In a memorandum dated February 16, 1990, Mayor Holcomb recommended the appointment of Mrs. Patsy McDaniel, 1480 Terracita Drive, San Bernardino, California, 92404, to the Community Development Citizen Advisory Committee. (6) Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the appointment of Ms. Patsy McDaniel to the Community Development Citizen Advisory Committee be approved. COUNCIL MEMBER MILLER EXCUSED At 9:50 a.m., Council Member Miller left the Council meeting. 4 2/19/90 APPOINTMENT - GLORIA MACIAS HARRISON - LIBRARY BOARD OF TRUSTEES In a memorandum dated February 16, 1990, recommended the appointment of Ms. Gloria Macias East Date Street, Highland, California, 92346, Board of Trustees. Mayor Holcomb Harrison, 2626 to the Library (6 ) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the appointment of Gloria Macias Harrison to the Library Board of Trustees be approyed. PUBLIC COMMENTS - BEN ROMERO Ben Romero, 1487 West Indian Trail, San Bernardino, California, 92407-37, spoke on behalf of the State College area residents regarding the speed limit problems encountered in the area. He stated that a twelve year old boy was killed at Kendall between Little Mountain Drive and University. He explained that the speed limit for this area is too high and something needs to be done. He presented a copy of a petition containing approximately 200 signatures requesting that the Mayor and Council assist the residents in the area in reducing the speed limit. (3) Mayor Holcomb stated that this matter will have to go before the Traffic Safety Commission, which will be meeting on March 14, 1990, so a response should be ready in about thirty days. COUNCIL MEMBER MILLER RETURNED At 9:50 a.m., Council Member Miller returned to the Council meeting and took her place at the council table. PUBLIC COMMENTS - SUSAN HARTMANN Susan Hartmann spoke regarding the homeless problems encountered in the City. She stated that she is assisting the Census Bureau in determining the homeless population. (3) PUBLIC COMMENTS - GIDEON BROWN Mr. Gideon Brown, 1555 West 17th Street, San Bernardino, complained about not receiving information he requested from staff related to some statements in a police report filed with the Police Department. He stated he would like to file charges against Norton Air Force Base Police Department. (3) Mayor Holcomb directed Lorraine Velarde to contact Mr. Gideon Brown to try to resolve the problems he has encountered. WAIVING OF RESOLUTIONS AND ORDINANCES Council Member Miller made a motion, seconded by Council Member pope-Ludlam and unanimously carried, that further reading of all resolutions and ordinances on the regular and supplemental agendas be waived. 5 2/19/90 COUNCIL MINUTES - JANUARY 22, 1990 - JANUARY 31, 1990- FEBRUARY 5, 1990 Council Member Minor made a motion, seconded by Council Member Miller, 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: January 22, 1990; January 31,1990; February 5,1990. (7) The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Council Member Minor abstained from voting on the minutes of January 22 and 31, 1990. INSTALLATION OF AUTOMATIC FIRE SPRINKLER SYSTEM - CITY HALL - DAART ENGINEERING COMPANY In a memorandum dated January 31, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that all work under contract with Daart Engineering for the installation of an automatic fire sprinkler system in City Hall was satisfactorily completed as of November 1, 1989. The final contract price is $195,300.00. (8) Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the work performed by the contractor for the installation of automatic fire sprinkler system in City Hall, in accordance with Plan No. 7585, be approved and accepted; and that final payment be authorized at the expiration of the lien period. REVISIONS TO FREEWAY SIGNING FOR AUTO PLAZA DRIVE- PETERSON-CHASE GENERAL ENGINEERING CONSTRUCTION In a memorandum dated January 31, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that all work under contract wi th Peterson-Chase General Engineering Contractor was satisfactorily completed as of December 5, 1989. The final contract price is $10,936.00. (9) Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the work performed by the contractor for the replacement of seven overhead sign panels on Route I-215, from Route I-I0 to Mill Street, in accordance with Plan No. 7771, be approved and accepted; and that final payment be authorized at the expiration of the lien period. CLAIMS AND PAYROLL Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the claims and payrolls and the authorization to issue warrants as listed on the memorandum dated February 8, 1990 from the Director of Finance, be approved. (10) JOINT POWERS FINANCING AUTHORITY REGULAR MEETING This is the time and place set for a Joint Powers Financing Authority meeting. (12) 6 2/19/90 Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the meeting of the Joint Powers Financing Authority be adjourned to March 19, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 90-48 - RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES (Abandoned Vehicles) ON SAID PROPERTIES. (13) Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that further reading of said resolution be waived, and the resolution be adopted. Resolution Council Members Ludlam, Miller. 90-48 was adopted by the following Estrada, Reilly, Flores, Maudsley, Noes: None. Absent: None. vote: Minor, Ayes: Pope- PERSONNEL ACTIONS Council Member Minor made a motion, seconded by Council Member Flores, and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated February 8, 1990, in accordance with all administrative regulations of the City of San Bernardino be approved, except for item 7 on the personnel action list, which will be discussed in closed session. (See page 29) (11) A RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION. . . ESTABLISHING A BASIC COMPENSATION PLAN FOR OFFICERS AND/OR EMPLOYEES OF THE CITY OF SAN BERNARDINO. .", TO REVISE THE PROCEDURE FOR SPECIAL MERIT ADVANCEMENT. (Continued from February 5, 1990) (14) Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the resolution revising the procedures for special merit advancement be continued to the Mayor and Council Meeting of March 5, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. A RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE BOARD OF WATER COMMISSIONERS TO PROVIDE WATER SERVICE FOR THOSE PROPERTIES WITHIN THE SERVICE AREA OF VAN LOON MUTUAL WATER COMPANY, LOCATED OUTSIDE THE CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO. (Continued from February 5, 1990) (15) Mayor Holcomb stated that he met with the committee for the Van Loon Mutual Water Company and explained the policy of the City. He stated that in order to provide water service to the 7 2/19/90 properties located within the Van Loon Mutual Water Company, the properties must be annexed to the City. Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that the resolution to provide water services to those properties within the Van Loon Mutual Water Company located outside the corporate city limits of San Bernardino, be tabled until application for annexation is completed. RES. 90-49 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SOUTHERN CALIFORNIA EDISON COMPANY FOR THE ERECTION OF ONE ENTRANCE MONUMENT TO THE CITY OF SAN BERNARDINO LOCATED AT THE SOUTHEAST CORNER OF FOOTHILL BOULEVARD AND PEPPER AVENUE. (16) RES. 90-50 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN RECORDS BY THE FIRE DEPARTMENT. (17) Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that said resolutions be adopted. Resolution following vote: Maudsley, Minor, None. Nos. 90-49 and 90-50 were adopted Ayes: Council Members Estrada, Reilly, Pope-Ludlam, Miller. Noes: None. by the Flores, Absent: RES. 90-51 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO CONTRACT WITH THE COUNTY OF SAN BERNARDINO ACTING AS THE AREA AGENCY ON AGING APPROVING A REVISED BUDGET FOR THE SENIOR NUTRITION PROGRAM TO INCLUDE AN ADDITIONAL ONE- TIME GRANT SUM OF $34,000.00 FOR THE PURCHASE OF RAW FOOD AND EQUIPMENT NECESSARY TO IMPROVE THE MEAL SERVICE FOR THE BUDGET YEAR 1989-90. (18) Council Member Miller made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 90-51 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. RES. 90-52 - RESOLUTION OF THE CITY OF SAN AUTHORIZING THE EXECUTION OF AN AGREEMENT CANO FOR CONSULTING SERVICES. BERNARDINO WITH TONY (19 ) City Administrator Julian answered questions regarding the overtime clause in the agreement. 8 2/19/90 Council Member Flores made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 90-52 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. RES. 90-53 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 10352-1, LOCATED ON THE NORTH SIDE OF NORTHPARK BOULEVARD, EAST OF THE TERMINUS OF LITTLE MOUNTAIN DRIVE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (20) Council Member Maudsley made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution Council Member Ludlam, Miller. No. 90-53 was adopted by the following Estrada, Reilly, Flores, Maudsley, Minor, Noes: None. Absent: None. vote: Pope- RES. 90-54 - A RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF SAN BERNARDINO FOR THE ANNEXATION OF THE TERRITORY LOCATED NORTH OF THE I-I0 FREEWAY, BETWEEN TIPPECANOE AVENUE AND MOUNTAIN VIEW AVENUE AND REPEALING RESOLUTION NO. 89-457. (21) RES. 98-55 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO SCC GENERAL CONTRACTORS FOR REMOVAL OF ARCHITECTURAL BARRIERS, PHASE I I, IN WILDWOOD PARK AND LYTLE CREEK PARK. (22) RES. 90-56 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A PERMANENT EASEMENT DEED FROM THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA FOR THAT CERTAIN REAL PROPERTY LOCATED ON INDUSTRIAL PARKWAY, EAST OF PALM AVENUE, AND ORDERING PAYMENT IN THE AMOUNT OF TWO HUNDRED DOLLARS. (23) Council Member Pope-Ludlam made a motion, seconded by Council Member Flores, that said resolutions be adopted. Resolution Nos. 90-54, 90-55 and 90-56 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. 9 2/19/90 RES. 90-57 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DETERMINING AMOUNT OF UNPAID ASSESSMENTS AND AUTHORIZING ISSUANCE AND SALE OF BONDS OF ASSESSMENT DISTRICT NO. 985 (INDUSTRIAL PARKWAY IMPROVEMENT DISTRICT) IN THE AGGREGATE PRINCIPAL AMOUNT OF $1,101,681.82. (24) Craig Graves, City Treasurer, stated that on page 13, there is a decrease in the amount from $110,168 to $110,000. Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be amended by replacing page 13 on which the amount of $110,168 was changed to $110,000 on line 4, and that said resolution be adopted as amended. Resolution Ayes: Estrada, Miller. Noes: No. 90-57 was adopted by Reilly, Flores, Maudsley, None. Absent: None. the following vote: Minor, Pope-Ludlam, RES.90-58 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AND RATIFYING THE JOINT EXERCISE OF POWERS AGREEMENT CREATING THE WEST END WATER DEVELOPMENT, TREATMENT AND CONSERVATION JOINT POWERS AUTHORITY, APPROVING THE FIRST AMENDMENT TO THE AGREEMENT AND DELEGATING AUTHORITY TO THE BOARD OF WATER COMMISSIONERS. (See Item 27) (25) Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 90-58 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, pope-Ludlam, Miller. Noes: None. Absent: None. ORDINANCE OF THE CITY OF SAN BERNARDINO AUTHORIZING THE WEST END WATER DEVELOPMENT, TREATMENT AND CONSERVATION JOINT POWERS AUTHORITY TO ISSUE REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $75,000,000. (See Item 25) (FIRST) (27) Council Member Pope-Ludlam made a Council Member Reilly and unanimously ordinance be laid over for final passage. motion, seconded by carried, that said ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.16 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADOPTING THE UNIFORM FIRE CODE (1988 EDITION) TOGETHER WITH APPENDICES "I-A, I-B, I-C, II-A, II-B, II-D, II-E, III-A, III-B, III-C, III-D, IV-A, VI-A, VI-B, VI-C, VI- D INCLUSIVE AND THE UNIFORM FIRE CODE STANDARD (1988 EDITION). (FIRST) (26) 10 2/19/90 Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that said ordinance be laid over for final passage. ENCROACHMENT FEE FOR UTILITY LANE CLOSURE - CONTINUED FROM FEBRUARY 5, 1990 This is the time and place continued to for urgency ordinance requiring encroachment permits closure. discussion of an for traffic lane (28) At the Council meeting of February 5, 1990, Mr. Bob Traister, District Manager, GTE, was present to answer questions regarding the traffic lane closure on South "E" Street. The Council continued this urgency ordinance to February 19, 1990. AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 12.04.055 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ENCROACHMENT PERMITS FOR TRAFFIC LANE CLOSURE. (28) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING AN ENCROACHMENT FEE FOR UTILITY LANE CLOSURE. (NO act ion was taken on this resolution). (28) Council Member Member Flores, that and said ordinance tabled. Reilly made a motion, further reading of the be adopted; and that seconded by Council ordinance be waived said resolution be Jim 624 West language changed. 5, 1990. King, District Manager, Southern California Gas Company, Fourth Street, Suite F, San Bernardino, stated that the in the ordinance relating to emergencies needs to be He requested that the ordinance be continued to March The Council requested that City Administrator Julian furnish documentation with statistics of why this ordinance is necessary, what the cost to administer the ordinance will be for the taxpayer and that it be brought back at the next Council meeting. A discussion ensued regarding entities other than utility companies that are also applying for encroachment permits for traffic lane closure. Council Member Estrada made a substitute motion, seconded by Council Member Reilly and unanimously carried, that said ordinance relating to encroachment fees for utility lane closures be referred to the Legislative Review Committee; and that it be continued to the Mayor and Council meeting on March 5, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 11 2/19/90 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 19.66.020, 19.66.030, 19.66.040 AND REPEALING SECTION 19.66.050 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO NON-CONFORMING BUILDINGS AND USES. (Referred to Legislative Review Committee 2/5/90) (Continued from February 5, 1990) (FIRST) (29) Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that said ordinance be laid over for final passage. RECESS MEETING At 10:40 a.m., Mayor Holcomb declared a ten-minute break. RECONVENE MEETING At 10:50 a.m., Mayor Holcomb reconvened the 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 with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: None. INLAND EMPIRE SYMPHONY REQUEST FROM FINE ARTS COMMISSION FOR ADVANCEMENT FUNDS In a memorandum dated February 12, 1990, City Administrator Julian recommended that the request dated February 6, 1990, from the Fine Arts Commission for $90,000 to be advanced from 1990-91 fine arts and cultural enhancement revenues to facilitate a 1990 grant to the Inland Empire Symphony be approved, subject to the approval by the Mayor and Council of an agreement for the promotion of arts and culture. (34) As chairman of the Ways and Means Committee, Council Member Estrada explained the 60/40 split of funds between fine arts and cultural activities, answered questions, and gave background information on the history of these funds and the Ways and Means Committee's recommendation. Barry Silver, Chairman, Fine Arts Commission, spoke regarding the split which he felt should have been 80/20 in favor of fine arts activities, requested that funding allocation requests for cultural or fine activities be handled once annually, rather than on a piecemeal basis, and objected to the manner in which the 60/40 split was put into effect. A discussion ensued regarding a source of monies for a 1990 Inland Empire Symphony grant. 12 2/19/90 City Attorney Penman explained why the City cannot incur indebtedness to make this grant and City Administrator Julian answered questions regarding the use of general fund revenue. Allen Gresham, 600 North Arrowhead Avenue, Suite 300, President of the Inland Empire Symphony, requested the 1990 grant and additional funding for a performance by Sinfonia Mexicana. Richard Simon, 572 North Arrowhead Avenue, Suite 101, a member of the Fine Arts Commission, objected to the fact that the Commission was not given an opportunity to be involved when the Mayor and Council adopted the ways and Means Committee recommendation for a 60/40 split of fine arts and cultural allotments. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, that the Inland Empire Symphony's funding request be referred back to the Ways and Means Committee so that the City Administrator, the Fine Arts Commission and the Ways and Means Committee can meet to resolve the funding needs of the Inland Empire Symphony and Sinfonia Mexicana. The Mayor requested a more permanent solution on allocation of cultural development funds. Frank Lindgren, a member of the Fine Arts Commission, spoke in support of funding split based upon a distinction between fine arts and cultural activities. Mayor Holcomb urged approval of a grant to the Symphony with funding to come from the general fund. City Administrator Julian objected to the use of general fund monies and recommended the cultural funds as the sources of the grant. Council Member Miller made a substitute motion, seconded by Council Member Estrada and unanimously carried, to approve funding of $80,000, and that it be referred to the Ways and Means Committee so that the City Administrator and the Fine Arts Commission can meet to decide where the money will come from. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the policy for defining funding designations be referred to the Ways and Means Committee for the purpose of clarification. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY- REGULAR MEETING The Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order by Chairman Holcomb in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 13 2/19/90 RES. 90-59 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. TWO TO THE LOAN AGREEMENT REGARDING CENTRAL CITY PROMENADE. (R-7A) RES. 90-60 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF SUPPLEMENTAL NO. TWO TO THE INDENTURE RELATING TO CENTRAL CITY PROMENADE. (R-7B) City Clerk Clark read the titles of the resolutions. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that further reading of the resolutions be waived and said resolutions be adopted. Resolution following vote: Maudsley, Minor, None. Nos. 90-59 and 90-60 were adopted Ayes: Council Members Estrada, Reilly, Pope-Ludlam, Miller. Noes: None. by the Flores, Absent: RES. 90-61 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE SALE OF CERTAIN RESIDUAL ASSETS OF THE CITY PURSUANT TO A PURCHASE CONTRACT AND BILL OF SALE AND AUTHORIZING EXECUTION OF SUCH PURCHASE CONTRACT AND RELATED DOCUMENTS. (RS-4) City Clerk Clark read the title of the resolution. Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of said resolution be waived and said resolution be adopted. Resolution No. 90-61 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. PURCHASE EQUIPMENT UTILIZING PROCEEDS FROM BOND REFINANCING/CONSIDERATION OF OTHER PRIORITY PROGRAMS/PROJECT AND EQUIPMENT - CONTINUED FROM FEBRUARY 5, 1990 This is the time and place continued to consider the purchase of equipment utilizing proceeds from bond refinancing and other priority programs/projects and equipment. At the meeting of February 5, 1990, the Council approved in principle the equipment list in the staff report, but requested that the matter be brought back to the Council with a proper motion. (30) In a memorandum dated February 13, 1990, City Administrator Julian, attached Exhibit "A", which is a revised list of items of equipment proposed for financing utilizing a portion of the bond refinancing which occurred prior to Christmas. The list has been revised to delete the items listed as follows: financial 14 2/19/90 software; word processing software; microfilm equipment; examination scanner; high density files, Public works; high density files, Building & Safety; and car wash system. The listing is in two categories -- equipment previously approved by the Mayor and Council in 1989-90 Budget and additional equipments discussed and approved by the Mayor and Council at various times. Marshall Julian answered questions regarding the deletions not being funded until action by Council. Mr. Julian explained that bond counsel is preparing benefit resolutions which will sanctify the expenditure of these monies. Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the equipment listed on Exhibit "A", attached to the staff report from the City Administrator, dated February 13, 1990, be approved for purchase and/or prior to approval be confirmed, utilizing bond proceeds. Council Member Minor made a motion, seconded by Council Members Reilly and unanimously carried, that it be found that equipment listed in Exhibit "A", attached to the staff report from the City Administrator, will benefit all redevelopment project areas within the City in terms of increased capability to provide needed support for redevelopment programs and projects. STREET IMPROVEMENTS BOND FUNDING PROCEEDS- AUTHORIZATION TO PROCEED WITH WORK - CONTINUED FROM FEBRUARY 5, 1990 This is the time and place continued to for authorization to use bond funding proceeds to proceed with work on street improvements. At the Council Meeting of February 5, 1990, the Council approved in principle the proposed street improvements and the various categories and limitations on the expenditures of bond monies. The Council approved in principle. Mayor Holcomb answered questions and stated that the Mt. Vernon area in the Third Ward will be receiving funding from another source. Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the funding of the construction/reconstruction of the streets designated in Exhibits 1-8 be approved from tax allocation bond proceeds ($499,000), from CMO residual proceeds ($796,808), and from tax exempt residual proceeds ($202,958) and from the general fund ($55,146). Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that it be found that the streets indicated by a double asterisk, while not within redevelopment project areas, are adjacent and tributary to such areas, of direct benefit to said areas, and it is appropriate that redevelopment funds be utilized for the work. 15 2/19/90 Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that it is hereby found and determined that the construction and reconstruction work necessary for the street projects listed in Exhibits 1-8 will require application for asphaltic and other materials ranging in thickness from 1 1/2 to 5 inches and that the useful life of the improvement in all cases will be well in excess of three years; and be it further determined that the work can be performed by City forces. Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the Director of Public Services be directed to proceed with the street improvements listed in Exhibits 1-8 and to seek bids for the cold-planing of such streets as may be necessary in connection with the improvements thereof. Council Member Flores made a motion, Member Minor and unanimously carried, that take necessary steps to transfer funds accounts. seconded by Council staff be directed to to the appropriate ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS 19.60.081 THROUGH 19.60.085 OF THE SAN BERNARDINO MUNICIPAL CODE AND REQUIRING AN ANNUAL SIGN CODE INSPECTION STICKER AND INVENTORY PROGRAM, AND REPEALING SECTION 15.04.085(7). (S-4) Mayor Holcomb stated that all permanent signs will require an annual license fee. He stated that the money that is raised from the licensing will be used to hire a license inspector to enforce the ordinance. COUNCIL MEMBER ESTRADA EXCUSED At 11:55 a.m., Council Member Estrada left the Council meeting. Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that the first reading of the ordinance be waived and said ordinance be laid over for final passage. Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that a hearing be set for Monday, March 5, 1990, at 10:00 a.m., for the purpose of discussing fees related to the Commercial Sign Inspection Program. RECESS MEETING At 12:00 p.m., Council Member Minor made a motion, seconded by Council Member Miller to recess the meeting of the Mayor and Common Council of the City of San Bernardino until 2:00 p.m. 16 2/19/90 RECONVENE MEETING At 2:04 p.m., Mayor Holcomb reconvened the 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 with the following being present: Mayor Holcomb: Council Members Reilly, Flores, Maudsley, Minor, Pope- Ludlam; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Council Members Estrada, Miller. PUBLIC HEARING - EXTENSION OF URGENCY ORDINANCE SETTING INFRASTRUCTURE DEVELOPMENT FEES IN CONNECTION WITH DEVELOPMENT OF REAL PROPERTY IN THE VERDEMONT AREA This is the time and place set for a public hearing to consider the extension of an ordinance setting infrastructure development fees in connection with development of real property in the Verdemont area. (39) ORD. MC-706 - URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, EXTENDING THE EFFECTIVE DATE OF AN INFRASTRUCTURE DEVELOPMENT FEE PROGRAM FOR RIGHT-OF- WAY IMPROVEMENTS AND PUBLIC IMPROVEMENTS IN THE VERDEMONT AREA. (39A) A discussion ensued regarding how long this urgency ordinance would be in effect. Mayor Holcomb explained that this urgency ordinance would extend the existing ordinance for 30 days. He explained the importance of adopting the urgency ordinance. Mayor Holcomb stated there has been discussion regarding establishment of a Mello-Roos Assessment District for Verdemont. 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. Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, spoke in opposition to the ordinance and the proposed development fees for the Verdemont area. She stated that this discriminates against the Verdemont area. If an ordinance is enacted, it should be something that is assessed equally against all the residents. She also objected to the fact that the properties south of Kendall are exempt from this infrastructure plan. She requested a copy of the map from the Engineering Department depicting the boundaries to be included in this infrastructure plan. 17 2/19/90 Mayor Holcomb replied that a map is available in the Engineering Department. Council Member Member Reilly and closed. Miller made unanimously a motion, seconded carried, that the by Council hearing be Roger Hardgrave, Director of Public Works/City Engineer, explained the Mello-Roos concept. He stated that he had received a proposal from three major developers in the Verdemont area requesting consideration of a Mello-Roos Assessment District, which would raise funds to cover the costs of infrastructure. Initially the developers proposed establishing a small district to cover the projects that are ready to begin construction and as additional developments come in, the district would be expanded to include those developments. He also stated that the school fees would be included on the developers' proposal. Roger Hardgrave answered questions regarding the required percentage needed from the property owners to adopt this Mello- Roos Assessment District. Mayor Holcomb stated that the Mello-Roos would probably apply to new development and not cover existing structures. Roger Hardgrave answered questions regarding the overall assessment district for the Palm bridge and Chestnut storm drain. City Attorney Penman explained the legal constraints the City would face if the urgency ordinance is not adopted. Council Member Minor made a motion, seconded by Council Member Reilly, to adopt the urgency ordinance which extends its effective date for 30 days. Ordinance MC-706 was adopted by the following vote: Ayes: Reilly, Maudsley, Minor, Miller. Noes: Council Member Flores. Abstain: Council Member Pope-Ludlam. Absent: Council Member Estrada. ORD. MC-707 - ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADDING CHAPTER 15.73 TO THE SAN BERNARDINO MUNICIPAL CODE TO REQUIRE THE LEVY OF AN INFRASTRUCTURE DEVELOPMENT FEE FOR RIGHT-OF-WAY IMPROVEMENTS AND PUBLIC IMPROVEMENTS IN THE VERDEMONT AREA. (Continued from January 22, 1990) (39B) Council Member Miller made a motion, seconded by Council Member Reilly, that final reading of said ordinance be waived and said ordinance be adopted. Ordinance MC-707 was adopted by the following vote: Ayes: Council Members Reilly, Maudsley, Minor, Pope-Ludlam, Miller. Noes: Council Member Flores. Absent: Council Member Estrada. 18 2/19/90 CONDITIONAL USE PERMIT NO. 89-5 - ADAMS ADVERTISING- REMOVE BILLBOARD AT 237 EAST 5TH STREET - REPLACE WITH A 42 FOOT BILLBOARD ADJACENT TO I-I0 FREEWAY AT 464 EAST REDLANDS BOULEVARD - CONTINUED FROM JANUARY 22, 1990 This is the time and place continued to for consideration of a request filed by Adams Advertising to remove a billboard at 237 East Fifth Street and replace it with a 42 foot billboard adjacent to Interstate 10 freeway at 464 East Redlands Boulevard. (40) Mayor Holcomb stated that Adams Advertising has requested that this hearing be continued to the Council Meeting of April 16, 1990. Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that Conditional Use Permit No. 89-5 to replace a billboard sign by Adams Advertising be continued to the meeting of April 16, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. APPEAL HEARING PLANNING COMMISSION'S DENIAL OF VARIANCE NO. 89-8 - SUNSET GROUP - CONSTRUCT A SECOND FREE-STANDING MONUMENT SIGN - 228 W. HOSPITALITY LANE- CONTINUED FROM FEBRUARY 5, 1990 This is the time and place continued to for an appeal of Planning Commission's denial of Variance 89-8, filed by the Sunset Group to construct a second free-standing monument sign located 228 W. Hospitality Lane. (41) Larry Reed, Director of Planning/Building Services, gave a staff report regarding the appeal filed by The Sunset Group. He stated that the sign code permits one free-standing sign for street frontage in addition to wall signage for each tenant. The applicant is appealing the General Plan Policy 1.45.9. This policy allows for consideration of visually distinctive design and merit which may differ from prescribed limits of size, materials, and other characteristics, provided that they are well integrated with the building and site, do not adversely impact adjacent uses, and are not intended solely to increase sign size. CITY ATTORNEY PENMAN EXCUSED City Attorney Penman left the Council Meeting and was replaced by Deputy City Attorney Empeno. Deputy City Attorney Empeno differed with the Planning's recommendation and stated that he interpreted the general plan policy to include this applicant's request, if the interpretation is consistent with the Council's concerns. If the Council feels the applicant comes within those provisions of the General Plan 19 2/19/90 policy 1.45.9, the sign application for this project can be approved without approving a variance request. Mr. Empeno stated that legally the Council can approve a sign permit application. Pat Green, Sunset Group, 225 W. Hospitality Lane, San Bernardino, stated that she is requesting that the Council not demand a large sign on this property. She would like to install an additional sign that would be low key and blend with the design of the center already existing. Ms. Green gave a slide presentation of the different types of signs in the area. Larry Reed, Director of Planning/Building Services, stated that this slide presentation was given to the Planning Commission. Staff had examined the policy in the General Plan as a guidance and it was apparent that there was a need to develop different standards for those kind of locations like Hospitality Lane. He stated that staff would like to develop regulations for a sign provision in the Development Code. He explained that staff does not know where to draw the line in terms of how many other signs should be allowed, because this could set a precedent to allow more than one free-standing sign. Deputy City Attorney Empeno answered questions regarding this request being consistent with the General Plan Policy and whether it would set a precedence. Mayor Holcomb stated that a sign ordinance could be developed for the Hospitality area requiring certain criteria to be met before allowing installation of the sign. He further stated the he preferred the sign proposed by the appellant, but that it could set a precedent. He suggested that the City create a signing district and establish criteria to be met before granting approval of the sign installation. Council Member Flores made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the appeal to construct a second free-standing monument sign be continued to the Council meeting of March 19, 1990; and that staff establish criteria for a plan district sign ordinance in the Hospitality area. APPEAL HEARING PLANNING COMMISSION'S DENIAL OF TENTATIVE TRACT NO. 13630 - LOCATED AT THE NORTHEAST CORNER OF BELMONT AND MAGNOLIA AVENUES - SUBDIVISION OF ONE 11.42 ACRE PARCEL INTO 35 SINGLE-FAMILY LOTS- JOSEPH BONADIMAN & ASSOCIATES This is the time and place set to hear an appeal relative to Planning Commission's denial of Tentative Tract No. 13630, located at the northeast corner of Belmont and Magnolia Avenues, to subdivide one 11.42 acre parcel into 35 single-family lots. The appeal was filed by Joseph E. Bonadiman and Associates, Inc. (42) 20 2/19/90 In a memorandum dated February 6, 1990, Larry Reed, Director of Planning/Buildings Services, gave the background of the request from Joseph E. Bonadiman and Associates, Inc., that the Mayor and Council reconsider Planning Commission's denial of Tentative Tract No. 13630 and approve the project. The applicant is basing the appeal upon compliance with the General Plan land use designation density and development standards. Council Member Minor stated that he received a request from a resident in the area of the proposed development to continue this matter to the Council meeting of March 5, 1990. Mayor Holcomb being addressed. development because Verdemont area. stated that the issue is one that is already The Planning Commission rejected this the infrastructure was not in place in the Joe Bonadiman, 250 Lena Road, San Bernardino, stated that Bonadiman and Associates are engineers for this proposed development. He stated that he was told at the Planning Commission meeting this tract was denied because of the infrastructure requirements for the Verdemont area. He felt that the tract was denied because of the density of the lots. He further stated that a continuation of the proposed tract would not serve much, except allow a rehash from the people in the area concerned about the size of the lots. He stated that the size of the lots have already been determined by the General Plan, therefore he requested that the project not be continued. Judith Jordan, Chairman, Planning Commission, stated that the real issue of concern regarding this tract was the infrastructure, not the size of the lots. The density of the lots was an issue expressed by the homeowners in the area, not by the Planning Commission. Nelson Miller, Sierra Engineering, 27007 Fifth Street, Highland, stated that he is in support of Tentative Tract No. 13630. He stated that Sierra Engineering are the engineers for other developments in the Verdemont area and that if approval is given to this tract, it would still take at least six to eighteen months to get the facilities constructed once they are financed. Mr. Miller felt it is appropriate to approve this tract in order to allow Bonadiman and Associates to proceed with the other processing procedures, which could take up to six months to one year to accomplish. He stated that the Planning Department's option in terms of, not to allow construction of this tract until all designs have been completed and contracts have been issued for the Verdemont infrastructure plan, is not realistic. He explained that logically the City would phase in the infrastructure needed for the Verdemont area. The City would not install infrastructure that would not be utilized. 21 2/19/90 Larry Reed, Director of Planning/Building Services, answered questions regarding the tract not allowing some of the lots to be developed because of the length of the street. He stated that there were some lots on this tract recommended by Planning staff not to be developed until the streets continued on through. He also answered questions regarding the sewer lines being able to service this tract. Larry Reed stated there is a requirement in the Ci ty' s Planning law, zoning ordinance and Development Code requiring tracts of certain size to have two means of ingress and egress. It has been standard policy to allow an emergency means of egress that is less in standard to serve as a secondary access. It was pointed out that the latest updates in the Uniform Fire Code standards were adopted earlier. One of the revisions was that the City would require that new developments have an approved secondary access road in residential subdivisions. This road must either be asphalt or concrete over base, which could accommodate a fully loaded fire truck to serve new construction. CITY ATTORNEY PENMAN RETURNED At 3:30 p.m., City Attorney Penman replaced Deputy City Attorney Empeno at the Council meeting. Larry Reed explained the development review committee process. Roger Hardgrave, Director of Public Works/City Engineer, stated that this development had been reviewed by all affected city departments, including the Fire Department. He informed the Council that there are two major streets, Magnolia and Belmont Avenues, which have been paved and were approved by the Fire Department to be adequate for emergency access. He stated that there would be a temporary restriction not allowing construction on the last three lots, until Meyers Road continues on over to an existing major street. The tract has been reviewed by the Planning and Fire Departments and was found to meet the current code requirements for a secondary means of access. Larry Reed, Director of Planning/Building Services, clarified item 23 of the conditions of approval submitted by the Planning Department. Item 23 states that lot numbers 27, 28, and 29 shall not be developed until such time as Meyers Road is extended to the east and a secondary access is provided. Council Member Minor made a motion, seconded by Council Member Miller, that the appeal to subdivide a one 11. 42 acre parcel into 35 single-family lots be continued to the Mayor and Council meeting of March 5, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECESS MEETING At 3:40 pm., Mayor Holcomb declared a ten minute recess. 22 2/19/90 RECONVENE MEETING At 3: 50 p. m., Mayor Holcomb reconvened the Regular Meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Holcomb; Council Members Reilly, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Council Members Estrada, Flores. NEW ACCESS CHANNEL AND ENHANCED CAPABILITY- INSTALLATION OF MICROWAVE EQUIPMENT ON COMCAST LEASED PROPERTY City Administrator Julian stated that the oral presentation regarding the new access channel, enhanced capability and installation of microwave equipment was scheduled at the request of Council Member Estrada. Since Council Member Estrada is not present, as a courtesy, this presentation should be continued. ( 32) Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the presentation relative to the new access channel be continued to the Mayor and Council Meeting on March 5, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. FINAL PAYMENT FOR SERVICES RENDERED BY PEAT MARWICK MAIN & CO. In a memorandum dated January 24, 1990, James Robbins, Deputy City Administrator, stated that in October of 1988, the City entered into agreement with Peat Marwick Main & Co. to complete a study of data processing needs over the next five years. The agreement called for Peat Marwick Main & Co. to assist in preparing and completing a request for proposals on new hardware or software. Also, additional staffing needs were to be analyzed and the cost of implementing the plan. (33) COUNCIL MEMBER FLORES RETURNED Council Member Flores returned to the Council Meeting and took his place at the council table. James Robbins, Deputy City Administrator, stated that Peat Marwick Main and Co. has completed the data processing study and has submitted a five-year master plan for data processing and explained the program and the benefits to the City. Council Member Maudsley made a motion, seconded by Council Member Miller and unanimously carried, that the Mayor and Common Council accept the comprehensive study of the City's data processing needs and five-year master plan, and authorize final payment for services rendered. 23 2/19/90 ORDINANCE AMENDING SECTION 18.40.380 RELATING EXEMPTION OF RESIDENTIALLY ZONED PARCEL MAPS REQUIREMENT TO UNDERGROUND UTILITIES In a memorandum dated February 6, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that parcel maps are considered as subdivisions, by the State of California Subdivision Map Act. As such, all conditions in Title 18, "Subdivisions," of the San Bernardino Municipal Code apply in full to parcel maps. The proposed amendment would exempt residentially zoned parcel maps, with a maximum of four parcels, from the requirement in Title 18 relative to underground utilities. However, developments on the parcels created by the parcel map will still be subject to provisions of Standard Requirement No. 11 upon review by the Development Review Committee, unless exempted by provisions in the standard requirement. (35) TO FROM City Attorney Penman suggested to limit existing lots of record within a infill area. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the draft ordinance amending Section 18.40.380 of the San Bernardino Municipal Code, relating to exemption of residentially zoned parcel maps from the requirement to underground utilities be referred to the Legislative Review Committee. VACATION - PORTION OF HUFF STREET BETWEEN CRESCENT AVENUE AND "G" STREET - AUTHORIZATION TO PROCEED - PLAN APPROVAL In a memorandum dated January 18, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that he had received a request from Daniel A. Nishikawa, Project Manager for Cove Development Co., Inc., to vacate a portion of Huff Street between Crescent Avenue and "G" Street. Cove Development owns the property to the south of the areas proposed for vacation (600 South "G" Street), and they are negotiating for the property to the north of the area (537 Crescent Avenue). Real Property staff and Planning staff feel that if Cove Development buys the property to the north without alteration of the property lines, the existing building on the property would not meet present parking code requirements--which in turn would severely limit Cove Development's use of the property. (36) Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the proposed vacation of a portion of Huff Street between Crescent Avenue and "G" Street. Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that Plan No. 8031, showing the proposed vacation of a portion of Huff Street between Crescent Avenue and "G" Street, be approved. A discussion ensued regarding the vacation of Huff Street. 24 2/19/90 Roger Hardgrave, Director of Public Works/City Engineer, stated that the request was made by Cove Development Company, who owns the property to the south of the area proposed for vacation. The Cove Development Company is negotiating property on the north side of Huff Street with plans of combining the two properties. Mr. Hardgrave stated that the proposed vacation is in the initial observation to proceed. If approved the City will contact all the affected city departments, utility companies and property owners in the area. Council Member Flores made a substitute motion, seconded by Council Member Maudsley and unanimously carried, that the proposed vacation of Huff Street between Crescent Avenue and "G" Street, be continued to the meeting of March 5, 1990, and that the a meeting be set with the applicant and Council Member Flores to discuss the vacation. APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS INSTALLATION OF TRAFFIC SIGNALS AND HIGHWAY LIGHTING AT DEL ROSA DRIVE AND NINTH STREET In a memorandum dated January 29, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for the installation of traffic signals and highway lighting, at the intersection of Del Rosa Drive and Ninth Street, have been prepared by the Engineering Division and the project is ready to be advertised for bids. The project includes some minor roadway and drainage improvements, in addition to the signals and lighting. (37) Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried that the plans for installation of traffic signals and highway lighting at Del Rosa Drive and Ninth Street, in accordance with Plan No. 7348, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids. WAIVER OF COSTS ASSOCIATED WITH THE USE OF CITY FORCES AND EQUIPMENT TO ADDRESS THE GANG ISSUE Phil Arvizo, Executive Assistant to the Council, stated the a special event to address the gang issue will be held on February 24, 1990, at the La Plaza Park. This event is being sponsored by the Mayor's Office, Council Office, San Bernardino School District and Police Department. (38) Council Member Reilly explained approximately how much cost is associated with the waiver for use of city forces. Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, to approve the waiver of costs associated with the special event related to the gang problems. 25 2/19/90 CDBG FUNDING - TO FINANCE HIGHWAY SAFETY LIGHTING ON VARIOUS CITY STREETS - $273,000 In a memorandum dated February 13, 1990, Ken Henderson, Director of Community Development, reported that during the Fiscal Year 1989-90 CDBG funding cycle, the Mayor and Council considered the financing of various highway safety lighting improvement projects. During the course of related discussions, questions arose as to the condition and salvageability of existing lighting standards, the impact of the highway safety lighting on such lighting standard and the impact, if any, on the proposed Main Street lighting program. The matter was subsequently referred to the Ways and Means Committee. (S-l) The Ways and Means Committee considered various alternatives submitted by the Director of Public Works, Main Street and members of the City Community Development Citizen Advisory Committee revolving around salvaging existing pedestrian lighting standards where possible. The Public Works Director was requested to develop a new highway safety lighting proposal within the Central Business District. On February 8, 1990, the Community Development Citizen Advisory Committee reviewed the revised highway safety lighting proposal and recommended approval to the Mayor and Council. Ken Henderson, Director of Community Development, explained that CDBG funding can be used to fund the highway safety lighting project and how the project qualified for funding. Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, to approve as amended, CDBG funding in the amount of $273,000 to finance the installation of highway safety lighting from 6th to 9th Streets on Sierra Way, from 5th to 9th Streets on Mountain View, from 4th to 7th Streets and "H" Street, from 4th to 7th Streets on "F" Street, from "H" Street to Mt. View on 6th Street, from "H" to "F" Streets on 5th Street, with the understanding that 1-3/4 inch conduit will be installed on 5th and 6th Streets and the eleven (11) existing pedestrian lighting standards on 5th and 6th Streets will be salvaged, if possible, for subsequent reuse, as appropriate. APPROVAL OF CDBG PROGRAM MIX FY 1990-91 In a memorandum dated February 13, 1990, Ken Henderson, Director, Community Development, stated that on February 7, 1990, staff conducted discussions with the City's HUD Community Planning and Development representative regarding the City's FY 1990-91 CDBG allocation. As a result of the number of actions at the federal level, including the imposition of Gramm-Rudman, sequestering of funds and the recapture of UDAG funds, the best information we have is that the block grant will be reduced by 4.5% from the current year's grant amount of $1,724,000. (S-2) 26 2/19/90 Although HUD officials and CDBG entitlement communities anticipated a small increase in our grant, the funds lost during the three months Gramm-Rudman was in effect were not restored when the federal budget was eventually passed. This means that the maximum the City can expect to receive, and it could be lower, is $1,646,420. Ken Henderson, Director, Communi ty Development, explained why there is a reduction in this year's allocation. He referred to the breakdown of programs in his staff report dated February 13, 1990. Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, to approve FY 1990-91 CDBG Program Mix recommended by the Community Development Citizen Advisory Committee (CDCAC) and authorized staff to solicit proposals for CDBG financial assistance for the period beginning July 1, 1990, and ending June 30, 1991. REPLACING FUEL PIPING AT FUELING STATION - APPROVAL OF CHANGE ORDER NO. ONE - CITY YARDS - KEECO INC. In a memorandum dated February 14, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that upon removal of the concrete slab between the two fueling islands in the city yards, it was found that the soil had been contaminated by leaking fuel. The County Environmental Heal th Services Department was notified of the existence of contaminated soil, as required by the permit they issued for this work and has completed an inspection. (S-3) Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that Change Order No. One to the contract with Keeco, Inc., for replacing fuel piping at the fueling station in city yards, in accordance with Plan No. 7764, be approved; for an increase in contract price of $24,404.00, from $65,990.00 to $90,394.00. NORTON RE-USE CONCEPT PLAN PLANNING COMMISSION'S RECOMMENDATION In a memorandum dated February 15, 1990, Kay Schurkens, Senior Planner, stated that at a joint luncheon workshop meeting of the Mayor and Council with the Planning Commission on February 5, 1990, three alternative uses for Norton Air Force Base were presented in concept form. The Planning Commission, at its meeting of February 13, 1990, recommended alternative three, with upgrades. Staff is requesting the Mayor and Council to approve and adopt alternative three of the Norton Air Force Base Re-Use Concept Plan. (S-5) Helen Kopczynski, 8150 Cable Canyon Road, expressed concern regarding the recreational facilities, such as the golf course, located presently on Norton Air Force Base under the alternative three plan. She questioned the maximum utilization of the air strip. 27 2/19/90 Larry Reed, answered questions strip. Director of Planning/Buildings Services, related to the maximum utilization of the air Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that land use alternative three as recommended by the Planning Commission be adopted. RECESS MEETING - CLOSED SESSION At 4:30 p.m., Council Member Miller made a motion, seconded by Council Member Minor and unanimously carried, that the Mayor and Common Council and Community Development Commission recess to closed session for the following: (1 & 11) a. to give instruction to the Ci ty' 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)(I), as there litigation; attorney regarding pending Government Code Section is significant exposure to f. to confer with the attorney regarding litigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending Section decide g. to confer wi th 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; 28 2/19/90 Stubblefield Construction Company. et al vs. City of San Bernardino. et al - San Bernardino Superior Court Case No. 232998; 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); Reynolds vs. City of San Bernardino Superior Court Case No. 248752; San Bernardino Dudley Brewster. et al vs. Southern Pacific Railroad. et al - San Bernardino Superior Court Case No. 249736; Save San Bernardino vs. City of San Bernardino San Bernardino Superior Court Case No. 250425; C.F.B. Investments. Ltd. vs. City of San Bernardino - United States District Court - Case No. SA CV89-862 JSC (RWRx); Randall vs. City of San Bernardino - San Bernardino Superior Court Case No. 250472; Grady vs. City of San Bernardino - San Bernardino Superior Court Case No. 243287; Southern Pacific Transportation Company. et al vs. City of San Bernardino San Francisco Superior Court Case No. 877 359; Charles H. Brown vs. City of San Bernardino, et al - United States District Court Case No. SACV 88-495 (AHS); Char les Hudson Brown vs. Domino. et al - San Bernardino Superior Court Case No. 243087. PERSONNEL ACTIONS - CLOSED SESSION - DISCUSSED EARLIER IN THE MEETING SEE PAGE 7 Item 7 on the personnel action list was session. The Council continued this item to of March 5, 1990. discussed in closed the Council Meeting (11) CLOSED SESSION At 4:30 p.m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Member Reilly, Flores, Maudsley, Minor, Pope- Ludlam, Miller; City Attorney Penman, City Administrator Julian. Absent: Council Member Estrada; City Clerk Clark. 29 2/19/90 Also present were: Sr. Assistant City Attorney Barlow, Robert J. Temple, Acting Executive Director, Redevelopment Agency, Denice Brue, Sr. Assistant City Attorney, John Hoeger, Development Manager, Redevelopment Agency, Margie Vance, Secretary, Redevelopment Agency. CITY CLERK CLARK ARRIVE AT THE CLOSED SESSION City Clerk Clark arrived at the closed session. ADJOURN CLOSED SESSION At 4:50 p.m., Mayor Holcomb adjourned the closed session to the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 4:50 p.m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Holcomb; Council Member Reilly, Flores, Maudsley, Minor, Ludlam, Miller; City Attorney Penman, City Clerk Clark, Administrator Julian. Absent: Council Member Estrada. Mayor Pope- City ADJOURNMENT At 4:50 p.m., Council Member Miller made a motion, seconded by Council Member Minor and unanimously carried, that the Mayor and Council Meeting be adjourned to 1:30 p.m., February 21, 1990, at the Feldheym Library, 555 West Sixth Street, San Bernardino, California. (43) SHAUNA CLARK City Clerk By , I 'Jy'.J ' a nC(}/ju /!t,Jt.LI.//J{{) Deputy City Clerk No. of Items: 58 No. of Hours: 6 30 2/19/90