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HomeMy WebLinkAbout05-07-1990 Minutes City of San Bernardino, California May 7, 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., May 7, 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 Flores, Reilly, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Council Member Estrada. RECESS MEETING - CLOSED SESSIONS At 8:30 a.m., the Mayor and Common Council and Community Development Commission recessed 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 (Middle Management Negotiations); d. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities pursuant to Government Code Section 54957; e. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9(b)(1), as there is significant exposure to litigation; 1 5/7/90 f. to confer with the attorney regarding li tigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending Section decide g. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section 54956.9(a) as follows: City of San Bernardino vs. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239193; Stubblefield Construction Comoany. 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. Citv 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; Gradv vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 243287; Southern Pacific Transoortation Comoanv. et al vs. Citv of San Bernardino San Francisco Superior Court Case No. 877359; Charles H. Brown vs. City of San Bernardino. et al - United States District Court Case No. SACV 88-495 (AHS); Charles Hudson Brown vs. Domino. et al - San Bernardino Superior Court Case No. 243087; Harris vs. City of San Bernardino - United States District Court - Case No. CV87-04882 (JSL); 2 5/7/90 Valenzuela vs. City of San Bernardino Superior Court Case No. 242137. San Bernardino 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. Also present were: Robert Simmons, Deputy City Attorney, and Cecil Dillard, City Attorney Investigator. READING AND WAIVING OF RESOLUTIONS AND ORDINANCES City Clerk Clark read the titles of all the resolutions and ordinances on the regular, supplemental and Community Development Commission agendas. (5) ROBERT SIMMONS AND CECIL DILLARD EXCUSED Robert Simmons and Cecil Dillard left the closed session. CITY CLERK CLARK ARRIVED AT THE CLOSED SESSION City Clerk Clark arrived at the closed session. GORDON JOHNSON ARRIVED Gordon Johnson, Director of Personnel, arrived at the closed session. ADJOURNED CLOSED SESSION At 9:25 a.m., the closed session adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino, California. RECONVENE MEETING At 9:30 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 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. INVOCATION The invocation was given by Rev. Barnabus Laubach of St. Bernardine's Medical Center. 3 5/7/90 PLEDGE OF ALLEGIANCE Pledge of allegiance was led by Council Member Minor. ANNOUNCEMENTS BY MAYOR - HONORARY MAYOR FOR THE DAY- RICHARD "DWAYNE" HOWARD Mayor Holcomb introduced Richard "Dwayne" Howard as Honorary Mayor For The Day. Mayor Holcomb stated that Dwayne Howard belongs to the Challenger Division of Little League, and was the first player to hit a home run for the Huckabaa Little League. (2) Dwayne's mother, Barbara Jane Sims, and Bob Wynn, President of the Huckabaa Little League, accompanied Dwayne to the Council meeting. PUBLIC COMMENTS - MALATHION SPRAYING IN SAN BERNARDINO COMMUNITY John Gardner, Assistant Director of Agriculture, County of San Bernardino, gave a presentation on the malathion spraying which is to occur in San Bernardino beginning May 11, 1990. (3 ) Mr. John Gardner stated that basically the medfly is an insect that feeds on a number of different types of crops, both vegetables and fruits, and can cause significant damage to all crops. Without adequate control to eliminate this pest from California, local gardeners will be unable to produce fruits and vegetables without spraying chemicals. If this fly becomes established in California, the state will be faced with up to seven and a-half percent loss in crops. He stated that agriculture is the largest single industry within the State of California and could be faced with quarantines in the future. Mr. Gardner stated that the Director of Public Health Services of the State of California, and the Health Director for Los Angeles County Public Health are on record stating that there is no hazard to the general public associated with the spraying of malathion. However, as a precaution, residents are being advised to stay indoors during the spraying, wash down eating utensils, automobiles, outdoor furniture and children's toys. The Assistant Director of Agriculture stated that the malathion sprayings in San Bernardino are scheduled for May 11, 1990, May 22, 1990, and May 29, 1990. The spraying on May 11, 1990 will start at 10:00 p.m., and will cover 34 square miles in San Bernardino, a few unincorporated areas, as well as parts of the City of Highland. 4 5/7/90 He stated that repeated spraying applications are anticipated because of the unavailability of sterile medflies for San Bernardino area. As soon as sterile medflies are available, spraying will no longer be required within the City of San Bernardino. Mr. Gardner answered questions of the Council and audience concerning the effects of malathion. COUNCIL MEMBER ESTRADA ARRIVED Council Member Estrada arrived at the Council Meeting and took her place at the council table. City Attorney Penman stated that the courts have not decided whether malathion is safe, but legislation proposed by the citrus industry passed successfully several years ago which limits the ability of cities and counties to block the spraying of malathion. City Attorney Penman further stated that he and his colleagues will pursue the issue of halting the sprayings in San Bernardino. Susan Hartmann, a resident of San Bernardino, asked whether or not the spraying would cause any adverse effects on home gardens. Lynn Molstead, a resident of San Bernardino, stated that she is allergic to and nearly died from the effects of malathion. Ethel Zellen, representing residents of Bernardino, stated that she and those she represents to the spraying of malathion in San Bernardino. North San are opposed Linda Tiger, a resident of San Bernardino, suggested that the Mayor and Council establish a task force to test community areas before and after the sprayings and then notify the State of California regarding the effects of malathion in San Bernardino. Dean Guy, a resident of Highland, the spraying of malathion because of humans. was strongly opposed to the unknown effects on Dr. Raymond Castilonia, Biophysics, spoke regarding the chain of endangered species. M.D., PhD, Neuro-psychology and effects of malathion on the food 5 5/7/90 PUBLIC COMMENTS - EDWARD BUTTERWORTH - WALMART RETAIL STORE - ABANDONED SHOPPING CARTS Edward Butterworth, Chief Executive Officer of Fedco, spoke regarding the subsidizing of the Walmart retail store coming into the community. (3) Mr. Butterworth requested an opportunity to speak on the proposed resolution regarding abandoned shopping carts at the next Council meeting. PUBLIC COMMENTS - SUSAN HARTMANN - FOOD PROGRAM Susan Hartmann, a resident of San Bernardino, requested help for the homeless in San Bernardino. She stated that since the Salvation Army in the downtown area is no longer providing a food program for the homeless, many have no place to go for a nutritious meal. (3) In order to proceed with items on the agenda, the Mayor and Common Council agreed to continue the public comments until later in the meeting. (See page 28) PROCLAMATION - RESPECT FOR LAW WEEK - MAY 1 - 7, 1990 Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino proclaiming the week of May 1 through 7, 1990, as Respect for Law Week. (4) Patti Gonzales, President of the Optimist Club, was present to accept the proclamation. PROCLAMATION - "SAFE AT HOME-NOT ON DRUGS" DAY - MAY 8, 1990 Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino proclaiming May 8, 1990, as "Safe at Home-Not on Drugs" Day and encouraging all citizens to share in the efforts for a drug free community. (4) Jeri Simpson, Director of San Bernardino Community Against Drugs, Inc., was present to accept the proclamation. PROCLAMATION - FOSTER CARE AWARENESS MONTH - MAY 1990 Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino proclaiming the month of May, 1990, as Foster Care Awareness Month. (4) Pat Ford, Recruiter/Trainer, Placement Resources Unit, San Bernardino County Department of Public Social Services, was present to accept the proclamation. 6 5/7/90 COMMENDATION - SENIORS OF THE YEAR - WADDELL AND EMILIE HERRON - PARKS & RECREATION DEPARTMENT Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending Waddell and Emilie Herron for their outstanding contributions to the City of San Bernardino in bringing joy and security to others through their involvement in their family, church, and community. They were also congratulated on being selected Seniors of the Year. (4) Cynthia Brook, Senior Affairs Coordinator, presented to the Herrons a plaque from Assemblyman Jerry Eaves, a resolution from the Board of Supervisors, County of San Bernardino, and a resolution from President George Bush in recognition of their outstanding volunteer service to the community. John Kramer, Recreation Supervisor, Parks, Recreation and Community Services Department, presented the Seniors of the Year award to Mr. and Mrs. Herron. Ernie Wilson, Field Representative for Senator Ruben Ayala, presented a certificate of recognition to the Herrons in honor of their outstanding contributions and volunteer service to the community. Cynthia Brook recognized a group of senior citizens that were selected as Seniors of Month. PROCLAMATION - CHIROPRACTIC WELLNESS WEEK - MAY 13- 20, 1990 Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino proclaiming the week of May 13 through 20, 1990, as Chiropractic Wellness Week in the City of San Bernardino, and designating the month of May 1990, as Good Posture Month. (4) Dr. Alexis Bernardino County proclamation. Tanner, D. C., Local Chairman for the San Chiropractic Society, was present to accept the COMMENDATION - PARENT CONCERN GROUP DAY Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending the Parent Concern Group of San Gorgonio High School for a successful parent concern group day held on April 28, 1990, and encouraged each citizen to participate in conferences to promote community unity. (4) Stephanie Congdon and Phil Haney, Principal of San Gorgonio High School, were present to accept the resolution. 7 5/7/90 PROCLAMATION - NURSING HOME WEEK - MAY 13 - 21, 1990 Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino, proclaiming the week of May 13 through 21, 1990, as Nursing Home Week in the City of San Bernardino, and encouraged all citizens to take time to visit their local nursing homes. (4) Linda Jackson of Pacific Park Convalescent Home and Neil Terrell of Shay Convalescent Home were present to accept the proclamation. WATER SERVICE OUTSIDE CORPORATE LIMITS OF THE CITY- NORTHEAST OF INTERSECTION OF PALM AVENUE AND CAJON BLVD. (Hazard Waste Transfer Station) In a memorandum dated April 26, 1990, Council Member Tom Minor, requested that the proposal to provide water service outside the corporate limits of the City at the northeast portion of Palm Avenue and Cajon Boulevard be reconsidered. (60) Paul Toomey, Principal Planner, Krueper Engineering and Associates, Inc, 568 N. Mt. View, San Bernardino, California, representing USPCI, stated that Environmental Review Committee and Development Review Committee meetings are tentatively scheduled for the first week in June, 1990, to discuss the intended use of the ten acre parcel of land. A discussion ensued regarding continuing this matter for two weeks. Mr. Toomey answered questions regarding additional costs that may occur if this matter was continued. Further action on this item was continued to later in the meeting. (See page 26) TEMPORARY INJUNCTION - SPRAYING OF MALATHION City Attorney Penman explained the grounds for seeking a temporary restraining order to halt the spraying of malathion in the community and stated that this item can legally be acted upon as agendized under closed session. Mayor Holcomb referred to the powers of the state and the failure of other cities to get a restraining order. Council Member Miller made a motion, seconded by Council Member Minor and unanimously carried, that the City Attorney be directed to request an injunction from the appropriate court to halt the proposed spraying of malathion in the San Bernardino community. 8 5/7/90 WAIVE READING OF RESOLUTIONS AND ORDINANCES Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas be waived. (5) REALLOCATION OF PARKING AND BUSINESS IMPROVEMENT AREA FUNDS - ENHANCED SECURITY IN DOWNTOWN AREA In a memorandum dated April 30, 1990, Fred Wilson, Assistant to the City Administrator, stated that in November 1989, Mayor Holcomb proposed that security in the downtown area be enhanced through an increased presence of police and use of non-police security personnel. Proposals were submitted by the Police Department and Facilities Management Department to the Ways and Means Committee for review. (7) Mr. Wilson proposed the following three options for funding the proposed enhanced security program: 1) expand the parking and business improvement district; 2) raise the parking and business improvement area tax rate for professionals; and 3) use area tax contributions for the parking district. Mr. Wilson stated in his memorandum that approval in concept of this proposal, as well as the use of the identified funding sources, will provide direction to staff to initiate the appropriate actions. This would include the scheduling of a public hearing to ensure that a final recommendation can be made by the Mayor and Council prior to the deadline of August 10, 1990, for the submittal of this information to the County. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the Parking and Business Improvement Area, established pursuant to MC 3.64.010-A, be expanded to include the areas set forth in the staff report. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the rates established by MC 3.64.020-A-1 be increased to one hundred percent. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the City Attorney be directed to prepare the necessary amendments to MC 3.64.020, preparatory to a public hearing being scheduled to consider the adoption thereof. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that a public hearing be scheduled for June 18, 1990, at 10:00 a.m., to consider reallocation of Parking and Business Improvement Area funds for enhanced security services within area boundaries. 9 5/7/90 SET PUBLIC HEARING MAY 21, 1990 CONSIDER PROPOSALS REQUESTING COMMUNITY BLOCK GRANT FINANCIAL ASSISTANCE In a memorandum dated April 20, 1990, Kenneth J. Henderson, Director of Community Development, stated that a total of fifty- two proposals were received and reviewed by the Community Development Citizen Advisory Committee (CDCAC). The CDCAC will submit recommendations for funding under the public service and capital improvement categories of the approved Program Mix at the public hearing scheduled for May 21, 1990. (8) 3:00 P.M.- DEVELOPMENT Council Member Estrada made a motion, seconded by Member Flores and unanimously carried, that May 21, 1990, p.m., be established as the date and time certain for 1990/1991 CDBG public hearing for consideration of proposals requesting financial assistance. Council at 3:00 the FY various CHILDREN'S SUMMER FOOD SERVICE PROGRAM PARKS, RECREATION AND COMMUNITY SERVICES - PART-TIME MONITORS In a memorandum dated April 10, 1990, Annie F. Ramos, Director of Parks, Recreation and Community Services, requested authorization to hire six part-time summer lunch monitors for the Children's Summer Food Service Program. The six part-time lunch monitors are required by the U.S.D.A. to visit a sponsor's site on a daily basis to review and evaluate the program operations. (9 ) Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the Parks, Recreation and Community Services Department be authorized to hire six (6) part-time summer lunch monitors at a pay rate of $5.00 per hour. LONG TERM DISABILITY RATE ADJUSTMENT - STANDARD LIFE INSURANCE COMPANY - MANAGEMENT/CONFIDENTIAL AND MIDDLE MANAGEMENT EMPLOYEES In a memorandum dated April 26, 1990, Gordon R. Johnson, Director of Personnel, stated that Standard Life Insurance Company will increase the rates for long term disability insurance for Management/Confidential and Middle Management employees effective August 1, 1990 through July 31, 1991.(11) Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the following monthly rates for Standard Life Insurance Company's long term disability policies with the City be set effective August 1, 1990, through July 31, 1991: Management/Confidential $23.50/member; Middle Management $23.90/member. 10 5/7/90 INSTALLATION OF STORM DRAIN - PALM AVENUE FROM CABLE CREEK TO IRVINGTON AVENUE - CONSTRUCTION OF BOX CULVERT AND TRAFFIC SIGNAL - PALM AVENUE AND KENDALL DRIVE- NEGATIVE DECLARATION AND FINDING OF CONSISTENCY WITH CIRCULATION ELEMENT OF GENERAL PLAN In a memorandum dated April 11, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that the Environmental Review Committee recommended the adoption of the negative declaration for Public Works Project No. 90-08. A 21- day public review period was afforded from March 8, 1990 through March 28, 1990. No comments were received. (12) Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the negative declaration for Public Works Project No. 90-08, construction of street improvements on Palm Avenue and Kendall Drive, installation of a storm drain in Palm Avenue, from Cable Creek to Irvington Avenue, and construction of a box culvert and traffic signal at Palm Avenue and Kendall Drive, be adopted. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that a finding be made that the construction of street improvements on Palm Avenue and Kendall Drive, installation of a storm drain in Palm Avenue from Cable Creek to Irvington Avenue, and construction of a box culvert and traffic signal at Palm Avenue and Kendall Drive, are consistent with the circulation element of the General Plan. CENTRAL CITY SOUTH ROAD IMPROVEMENTS ADOPTION OF NEGATIVE DECLARATION AND FINDING OF CONSISTENCY WITH CIRCULATION ELEMENT OF GENERAL PLAN In a memorandum dated April 25, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that the Environmental Review Committee recommended adoption of the negative declaration for Public Works Project No. 90-11. A 21- day public review period was afforded from March 22, 1990 through April 11, 1990. No comments were received. (13) Council Member Estrada made a motion, Member Flores and unanimously carried, declaration for Public Works Project No. South Road Improvements, be adopted. seconded by Council that the negative 90-11, Central City Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that a finding be made that the construction of Central City South Road Improvements is consistent with the circulation element of the General Plan. 11 5/7/90 INSTALLATION OF STORM DRAIN - REDLANDS BOULEVARD, FROM HUNTS LANE TO WATERMAN AVENUE - ADOPTION OF NEGATIVE DECLARATION AND FINDING OF CONSISTENCY WITH GENERAL PLAN In a memorandum dated April 25, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that the Environmental Review Committee recommended adoption of the negative declaration for Public Works Project No. 90-14. A 21- day public review period was afforded from March 15, 1990 through April 4, 1990. No comments were received. (14) Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the negative declaration for Public Works Project No. 90-14, installation of a storm drain in Redlands Boulevard from Hunts Lane to Waterman Avenue, be adopted. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that a finding be made that installation of a storm drain in Redlands Boulevard from Hunts Lane to Waterman Avenue is consistent with the General Plan. CHANGE ORDER NO. ONE - REHABILITATION OF PAVEMENT ON SOUTH "E" STREET - FONTANA PAVING In a memorandum dated April 23, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that Change Order No. One to the contract with Fontana Paving will authorize the contractor to replace areas of deteriorated concrete sidewalk, driveway approaches, and curb and gutter along South "E" Street for an increase in the contract price of $14,100.00. (15) Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that Change Order No. One to the contract for the rehabilitation of pavement on South "E" Street, in accordance with Plan No. 7609, be approved, authorizing the contractor to replace existing deteriorated concrete sidewalk, driveway approaches, and curb and gutter, at an increase in the contract price of $14,100.00, from $354,998.50 to $369,098.50. CHANGE ORDER NO. ONE - REHABILITATION OF PARKING LOTS AT LYTLE CREEK PARK - IPS SERVICES, INC. - APPROVAL AND ACCEPTANCE OF WORK In a memorandum dated April 16, 1990, Roger G. Hardgrave, Director of Public works/City Engineer, stated that Change Order No. One to the contract with IPS Services, Inc., authorized an increase in the quantity of asphalt concrete to place extra 12 5/7/90 thickness of A.C. pavement in the low areas of two parking lots at Lytle Creek Park. The change order also authorized the contractor to grade and compact the A.C. grindings for an agreed price of $1,925.00. The total cost of Change Order No. One is $9,388.04. All work was satisfactorily completed as of April 11, 1990. (16) Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that Change Order No. One to the contract with IPS Services, Inc., for the rehabilitation of parking lots at Lytle Creek Park, in accordance with Plan No. 7694, be approved; authorizing the contractor to grade and compact A. C. grindings, and place addi tional thickness A. C. pavement for an increase in the contract price of $9,388.04, from $59,271.12 to $68,659.16. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the work be approved and accepted; and that final payment be authorized at the expiration of the lien period. CHANGE ORDER NO. TWO - REMOVAL OF UNDERGROUND CONCRETE CUT-OFF WALL - CONSTRUCTION OF DRAINAGE CULVERT - 48TH STREET AT DEVIL'S CANYON DIVERSION CHANNEL BOB BRITTON, INC. In a memorandum dated April 12, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that during construction of a drainage culvert, an underground concrete cut- off wall was encountered, within the County Flood Control District's right-of-way. Removal of this structure was required in order to allow for construction of the box culvert on 48th Street at Devil's Canyon Diversion Channel. (17) Change Order No. Two authorizes the contractor, Bob Britton, Inc., to perform the extra work for a total increase in the contract price of $7,717.99, from $248,079.77 to $255,797.76. All work was satisfactorily completed as of February 26, 1990. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that Change Order No. Two, to the contract for the construction of a drainage culvert on 48th Street at Devil's Canyon Diversion Channel, in accordance with Plan No. 7443, be approved, increasing the contract price by $7,717.99, from $248,079.77 to $255,797.76. Council Member Estrada made motion, seconded by Council Member Flores and unanimously carried, that the work performed by the contractor be approved and accepted; and that final payment be authorized at the expiration of the lien period. 13 5/7/90 CONSTRUCTION OF BOX CULVERT - LYNWOOD DRIVE, OVER SAND CREEK CHANNEL - APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated April 17, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that plans for the construction of a box culvert on Lynwood Drive, over Sand Creek Flood Control Channel have been prepared and the project is ready to be advertised for bids. The project consists of constructing a box culvert to replace the existing dip section for a total estimated project cost of $495,000.00. (18) Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the plans for construction of a box culvert on Lynwood Drive, over Sand Creek Channel, in accordance with Plan No. 8021, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids. ESTABLISHMENT OF AN ASSESSMENT DISTRICT - WIDENING OF SOUTH "E" STREET OVER SANTA ANA RIVER - AUTHORIZATION TO PROCEED In a memorandum dated April 18, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that a letter from Sunset Group dated April 16, 1990, was received requesting that an assessment district be formed to finance the widening of the South "E" Street Bridge, over the Santa Ana River, from two to four lanes. The boundaries for the proposed assessment district would extend north on "E" Street to the Orange Show Road, and east on Hospitality Lane to Tippecanoe Avenue. (19) Plans for this proposed project are being prepared by the consulting firm of Moffatt & Nickols, Engineers. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the City Clerk and City Engineer be authorized and directed to proceed with the establishment of an assessment district under the provisions of the Municipal Improvement Act of 1913 and the Improvement Bond Act of 1915 for widening the South "E" Street Bridge over the Santa Ana River and to do all things necessary to bring the project to a timely completion. CHESTNUT DRIVE AREA LANDSCAPE MAINTENANCE DISTRICT- ADD TENTATIVE TRACT NO. 13603 TO ASSESSMENT DISTRICT NO. 997 - AUTHORIZATION TO PROCEED In a memorandum dated April 23, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that a petition was received requesting the formation of an assessment district for the maintenance of landscaping along the proposed Chestnut Equestrian Trail (vacated Chestnut Avenue) for Tentative Tract No. 13603. (20) 14 5/7/90 Director Hardgrave recommended that due to the proximity of Tentative Tract No. 13603 to the existing landscape maintenance district for the Chestnut area, that it be included within the boundaries of Assessment District No. 997. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the City Engineer and City Clerk be authorized to proceed with adding Tentative Tract No. 13603 to Assessment District No. 997 for the maintenance of landscaping in the Chestnut area. CLAIMS AND PAYROLLS Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the claims and payrolls, and the authorization to issue warrants as listed on the memorandum dated May 1, 1990, from the Director of Finance, be approved. (21) PERSONNEL ACTIONS Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated April 26, 1990, in accordance with all administrative regulations of the City of San Bernardino, be approved. (22) RES. 90-144 A RESOLUTION OF THE CITY BERNARDINO SUPPORTING H.R. 3389, THE BILLBOARD ACT OF 1989. OF SAN CONTROL (23) RES. 90-145 - RESOLUTION OF THE CITY OF SAN BERNARDINO ACKNOWLEDGING THE RECEIPT AND FILING OF THE ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE YEAR 1990. (26) RES. 90-146 - 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. - (See page 20) for reconsideration of this item - subsequent vote did not change action) (27) RES. 90-147 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO MAKE APPLICATION FOR AND ACCEPT A GRANT FROM U.S. DEPARTMENT OF AGRICULTURE (USDA) FOR ADMINISTRATION OF THE SUMMER FOOD SERVICE PROGRAM FOR CHILDREN FOR THE PERIOD JULY 2, 1990, THROUGH AUGUST 31, 1990. (28) 15 5/7/90 RES. 90-148 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT. (Weed Abatement) (29) RES. 90-149 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO THE PENHALL COMPANY FOR FURNISHING AND INSTALLING EXPANSION JOINTS AT CENTRAL CITY MALL THREE-LEVEL PARKING STRUCTURE. (30) RES. 90-150 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, A MUNICIPAL CORPORATION, ACCEPTING A GRANT DEED FROM THE BLOOD BANK OF SAN BERNARDINO AND RIVERSIDE COUNTIES, A CALIFORNIA NON-PROFIT CORPORATION. (31) Council Member Estrada made a motion, seconded by Council Member Flores, that said resolutions be adopted. Resolution Nos. 90-144, 90-145, 90-146, 90-147, 90-148, 90- 149, and 90-150 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope- Ludlam, Miller. Noes: None. Absent: None. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. APPROVAL OF COUNCIL MINUTES - MARCH 21, 1990; APRIL 2, 1990; APRIL 16, 1990; APRIL 19, 1990 Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino, be approved as submitted in typewritten form: April 2, 1990; April 16, 1990; April 19, 1990. (6) Council Member Estrada made a motion, seconded by Council Member Flores, that the minutes of the Mayor and Common Council of the City of San Bernardino for March 21, 1990, page one, paragraph three, be corrected to show that Council Member Pope- Ludlam was present at the meeting. Council Members Maudsley and Minor stated that they would abstain from voting on the minutes of March 21, 1990, because they were absent. The motion carried by the following vote: Members Estrada, Reilly, Flores, Miller. Noes: Council Members Maudsley and Minor. Absent: Pope-Ludlam. Ayes: Council None. Abstain: Council Member 16 5/7/90 AUTHORIZE USAGE OF PARKING LOT AT PERRIS HILL PARK- 21ST STREET, EAST OF THE CHANNEL - PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT In a memorandum dated April 25, 1990, Annie F. Ramos, Director of Parks, Recreation & Community Services, requested authorization to reopen the parking lot at perris Hill Park on 21st Street, east of the flood control channel on a controlled basis. She stated that the parking lot would be opened during special events, reservations of the group picnic area or heavy use days. Access to the parking lot would be controlled by Parks and Recreation staff. (10) A discussion ensued regarding the events that led to the closure of the parking lot. City Administrator Julian answered questions, stating that the parking lot will be used by participants of the YMCA. Council Member Reilly made a motion, seconded by Council Member Flores, that the Parks, Recreation and Community Services Department be authorized to permit the use of the 21st Street parking lot, east of the flood control channel at Perris Hill Park on a controlled basis. The motion failed by the following vote: Ayes: Council Members Estrada, Reilly, Flores. Noes: Council Members Maudsley, Minor, Miller. Absent: Council Member Pope-Ludlam. RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FEE FOR THE RECOVERY OF ABANDONED SHOPPING CARTS. (24) Mayor Holcomb stated that a request was received from the Chief Executive Officer of Fedco to continue any action on the proposed resolution until May 21, 1990. Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the resolution establishing a fee for the recovery of abandoned shopping carts be continued to May 21, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 90-151 RESOLUTION OF THE COUNCIL DELEGATING TO THE CITY AUTHORITY TO APPROVE AND ACCEPT CONTRACT OR AGREEMENT WITH THE CITY. MAYOR AND COMMON ADMINISTRATOR THE WORK DONE UNDER (25) Susan Hartmann, a resident of the City, felt that the authority of the City Administrator should be delegated. 17 5/7/90 In a memorandum dated April 23, 1990, James F. Penman, City Attorney, stated that various contracts and agreements entered into by the City for work to be performed require that when the work is completed a determination be made that the work was completed within the terms and specifications of the contract or agreement. Usually, a recommendation to this effect is made by staff to the Mayor and Council by formal Council action which adds a time delay to the final determination process. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the council table. City Attorney Penman explained that because there were so many "approve and accept work" requests on previous Council agendas, the Mayor requested that an alternative approach be considered whereby the City Administrator would be allowed to approve such requests. The Council expressed interest in being advised whenever there are changes made to the contract and when the project has been completed. Mayor Holcomb felt that by delegating authority to the City Administrator, a reduction in expense and paperwork could be realized. Roger Hardgrave, Director of Public Works/City Engineer, explained why agenda items are prepared and approved by the Mayor and Council. Council Member Minor made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 90-151 was adopted by the following vote: Ayes: Council Members Reilly, Maudsley, Minor, Pope-Ludlam, Miller. Noes: Council Members Estrada, Flores. Absent: None. PROTEST HEARING - NOTICE TO CONSTRUCT CHAPTER 12.92 IMPROVEMENTS - JOE MALLOT - 1375 N. "E" STREET AND 1010 "E" STREET -V. J. KOHN - CONTINUED FROM APRIL 16, 1990 This is the time and place continued to for a protest hearing concerning a notice to construct Chapter 12.92 Improvements on parcels APN 145-211-11 and APN 140-042-18 located at 1375 N. "E" Street and 1010 "E" Street respectively. (32) Mayor Holcomb opened the hearing. Joe opposed Street. high. Mallot, 1375 North "E" Street, stated that he is still to infilling the vacant driveway at 1375 North "E" He stated that cost to infill the driveway is much too 18 5/7/90 Mayor Holcomb stated that if the property owner infills the vacant driveway on a voluntary basis, the property owner can apply for financial assistance through the Beautification Program for a 50/50 match in funds. Mayor Holcomb suggested that Mr. Mallot contact the Public Services Department for information concerning this program. Council Member Reilly made a motion, seconded by Council Member Flores, that the hearing be closed; that the protests in regards to Assessor's Parcel Nos. 140-042-18 and 145-211-11 be overruled; and that it be found and determined that the public convenience and necessity require the improvement of abandoned driveways and installation of off-site improvements in front of the parcels and that the Director of Public Works/City Engineer be directed to cause the installation of said improvements and improvement of abandoned driveways if the property owners have not commenced such construction by May 22, 1990. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Minor, Miller. Noes: Members Maudsley, Pope-Ludlam. Absent: None. Council Council PUBLIC HEARING INCREASE IN CHARGES FOR SALE OF MATERIALS, SERVICES AND BURIAL FEES This is the time and place set for a public hearing to consider an increase in charges for the sale of materials, services and burial fees as recommended by the Cemetery Commission. (33) In a memorandum dated April 3, 1990, Dan Ustation, Cemetery Superintendent, set forth the proposed increases. Mayor Holcomb opened the hearing. RES. 90-152 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SCHEDULE OF CHARGES FOR THE SALE OF MATERIALS AND SERVICES BY THE CEMETERY COMMISSION OF SAID CITY; AND REPEALING RESOLUTION NO. 89-228 AND ALL SUBSEQUENT AMENDMENTS THERETO. (33) Council Member Flores made a motion, Member Pope-Ludlam and unanimously carried, closed and said resolution be adopted. seconded by Council that the hearing be Resolution No. 90-152 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. 19 5/7/90 RECONSIDERATION - RESOLUTION ASSESSING CERTAIN PARCELS OF REAL PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC NUISANCES - ABANDONED VEHICLES - ADOPTED EARLIER IN MEETING. SEE PAGE 15 Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the resolution adopted earlier in the meeting be reconsidered. (27) RES. 90-146 - 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 Mrs. Lavern Cramer, owner of a business at 149 N. Mt. Vernon, was given an opportunity to speak. It was determined however that Mrs. Cramer's comments pertained to Item 36. See page 22. *Note: The vote taken earlier in the meeting to adopt the resolution was unchanged. PUBLIC HEARING CITY CLERK ADMINISTRATIVE FEE FOR COSTS INCURRED ON BUILDING, VEHICLE AND WEED ABATEMENTS This is the time and place set for a public hearing to establishing a City Clerk administrative fee for costs incurred on building, vehicle and weed abatements. (34) In a memorandum dated April 23, 1990, Shauna Clark, City Clerk, set forth proposed administrative charges based on actual processing time for the City Clerk's office. Mayor Holcomb opened the hearing. RES. 90-153 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A CITY CLERK ADMINISTRATIVE FEE FOR COSTS INCURRED ON ABATEMENTS OF PRIVATE PROPERTY, BUILDINGS, ABANDONED VEHICLES AND WEEDS. (34) Council Member Minor made a motion, seconded by Council Member Reilly, that the hearing be closed and said resolution be adopted. Resolution No. 90-153 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. 20 5/7/90 COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the council table. PUBLIC HEARING - INCREASE IN CERTAIN FEES CHARGED BY PUBLIC SERVICES DEPARTMENT This is the time and place set for a public hearing to consider the establishment and proposed increase in certain fees charged by the Public Services Department. (35) In a memorandum dated April 4, 1990, Manuel Moreno, Director of Public Services, stated that his department conducted an extensive review of its permit fees and services the actual costs for providing these services to the public. study revealed that adaptations to the current code necessary. Jr. , has and The are Mayor Holcomb opened the hearing. RES. 90-154 RESOLUTION OF COUNCIL OF THE CITY OF SAN CERTAIN FEES TO BE CHARGED DEPARTMENT. THE MAYOR AND COMMON BERNARDINO ESTABLISHING BY THE PUBLIC SERVICES (35) ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SBMC SECTION 12.04.080, 12.08.030, 8.66.050 AND 13.08.105 RELATING TO THE FEES OR CHARGES FOR STREET REPAIR, ENCROACHMENT PERMITS, THE MOVING OF ANY BUILDING OR OVERSIZE LOAD ON A PUBLIC STREET AND THE CAPPING OF SEWER LATERALS. FIRST (35) Council Member Flores made a motion, seconded by Council Member Reilly, that the hearing be closed; that said resolution be adopted and the ordinance be laid over for final passage. Resolution Ayes: Council Ludlam, Miller. No. 90-154 was adopted by the following vote: Members Reilly, Flores, Maudsley, Minor, Pope- Noes: None. Absent: Council Member Estrada. PROTEST HEARING - NOTICE TO CONSTRUCT CHAPTER 12.92 IMPROVEMENTS This is the time and place set for a protest hearing on the notice to construct the Chapter 12.92 Improvements Act of 1911 for the removal of fifteen abandoned driveway approaches. (36) In a memorandum dated April 16, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that authorization was granted, at the Council meeting of March 3, 1990, to initiate the proceedings under provisions of Chapter 27 of the Improvement Act of 1911 for removal of fifteen abandoned driveway approaches. 21 5/7/90 Mayor Holcomb opened the hearing. Robyn Telles, Real Property Specialist, Public Works Department, stated that parcel 136-201-15 located on Arrowhead Avenue was misidentified and needs to be removed from the list in Exhibit "A" of the staff report. The parcel that should have been identified will go on the next Chapter 27 file. Ms. Telles stated that the Water Department has submitted a request to have parcel numbers 135-271-05 and 135-271-17 removed from the list in Exhibit "A" of the staff report. The request was made because of the uncertainty of the development of the parcels. Mayor Holcomb suggested that the request from the Water Department be denied. Robyn Telles stated that the owner of two parcels, 134-081- 10 located on the NW corner of Fifth and "D" Streets and parcel number 134-081-22 located at 532 North "D" Street requested a postponement of the commencement of construction to allow a determination of how the site will be developed. Ms. Telles answered questions regarding egress and ingress for the parcel located on the NW corner of Fifth and "E" Streets. Verne Nadeau, Real Property Supervisor, answered questions regarding egress and ingress for the parcel located on the NW corner of Fifth and "D" Streets and explained the purpose of closing in abandoned driveways. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meeting and took her place at the council table. City Administrator Julian pointed out the potential of additional liability to the City by not filling in the abandoned driveway impressions. Lavern requirement business at Cramer, 151 N. Mt. Vernon, to fill in the vacant driveway 145 and 149 N. Mt. Vernon. objected in front to of the her Clyde Bayne, 535 W. Baseline, spoke regarding parcel number 140-211-47 located at 829 "E" Street. He stated that the property is currently in escrow and that he intends to build a retail building at that location. He requested that he be allowed to hold off on the construction of the curbs and sidewalks until construction of the retail building. 22 5/7/90 Mr. Bayne answered questions regarding the starting date for construction of the retail building. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that construction of the curbs and sidewalks for parcel number 140-211-47 located at 829 "E" Street, be continued to the first meeting in September, 1990. Verne Nadeau answered questions regarding Chapter 12.92 Improvements being performed in other areas in the City. Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that parcel number 134- 081-10 located on the NW corner of 5th and "D" Street and parcel number 134-081-22 located at 532 N. "D" Street be continued to May 21, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, for more specific information. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. Council Member Estrada made a motion, seconded by Council Member Flores, that any objections or protests by overruled, the hearing be closed, and find and determine that the public convenience and necessity require the improvement of abandoned driveways and installation of off-site improvements in front of those parcels of land described on Exhibit "A" attached to the staff report from Roger G. Hardgrave, Director of Public Works/City Engineer, dated April 16, 1990, and order the work done except parcel numbers 136-201-15, 140-211-47, and 134-081- 10; and that the Director of Public Works/City Engineer be directed to cause the installation of said improvements and improvement of abandoned driveways if the property owners have not commenced such construction by June 8, 1990. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Minor, Miller. Noes: Member Maudsley. Absent: Council Member Pope-Ludlam. Council Council PUBLIC HEARING - ESTABLISHMENT OF POSITIONS AND FUNDING REQUIREMENTS FOR ADMINISTRATION - MOBILE HOME FEES AND CHARGES (See Item S-5 for resolution) In a memorandum dated April 30, 1990, James Robbins, Deputy City Administrator, stated that on April 9, 1990, the Mayor and Common Council adopted an ordinance establishing a Mobile Home Rent Board. This ordinance establishes a Division Head position in the City Administrator's Office to administer the Mobile Home Rent Program. The Council directed that a public hearing be held for the purpose of adopting a resolution setting fees and deposit charges. (37) 23 5/7/90 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING FEES AND DEPOSITS RELATING TO MOBILE HOME RENTS (S-5) Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the public hearing on mobile home fees and charges and the establishment of positions and funding requirements for administration be continued to May 21, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECESS MEETING At 12:10 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino, California, recessed to a luncheon workshop in the RDA Board Room, on the Fourth Floor of City Hall, 300 North "D" Street. RECONVENE MEETING - LUNCHEON WORKSHOP At 12:30 p.m., Mayor Holcomb called the luncheon workshop to order in the RDA Board Room, Fourth Floor, 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; Sr. Assistant City Attorney Barlow, City Clerk Clark, City Administrator Julian. Absent: None. LUNCHEON WORKSHOP - HOUSING IN SAN BERNARDINO This is the time and place set for a luncheon discuss housing in San Bernardino. workshop to (59) Mayor Holcomb introduced Allen Harkins, Executive Director, San Bernardino County Housing Authority, John Tetrault, Enterprise Foundation Housing Consultant, and Helen Dunlap, CEO, Housing Partnership Inc. Mr. Tetrault explained the background accomplishments of the James Rause Association. and the Helen Dunlap gave a presentation on her background and accomplishments of the County Housing Partnership Corporation. Ms. Dunlap explained the revitalization of the Park Vista Apartments in Anaheim. Mr. Harkins talked about the County's Section 8 Program. He stated there are 2,100 allocations in San Bernardino and 2,100 people on a waiting list. He referred to scattered site housing in which the County's Housing Authority took advantage of the people. He also spoke regarding the senior complex that is being developed near the County Hospital. 24 5/7/90 Mr. Tetrault and Mr. Harkins answered questions of the Mayor and Council and presented recommendations regarding the City's housing problems. RECESS MEETING At 1:55 p.m., Mayor Holcomb ordered that the luncheon meeting be recessed until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2: 10 p.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 Reilly, Flores, Maudsley, Minor; Deputy City Attorney Empeno, City Clerk Clark, City Administrator Julian. Absent: Council Members Estrada, Pope-Ludlam, Miller. PROTEST HEARING VACATION OF "U" SHAPED ALLEY- BETWEEN OLIVE STREET AND 10TH STREET, BETWEEN ARROWHEAD AVENUE AND "D" STREET This is the time and place set for a protest hearing on the vacation of a "U" shaped alley, lying between Olive Street and 10th Street, and between Arrowhead Avenue and "D" street. (38) In a memorandum dated April 16, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that the Housing Authority of the County of San Bernardino requested the vacation of the "U" shaped alley lying between Olive Street and 10th Street and between Arrowhead Avenue and "D" Street. This request was made in order to better use their property and to eliminate the dumping that occurs on the site. Mayor Holcomb opened the hearing. No protests have been received. RES. 90-155 A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A "U" SHAPED ALLEY LYING BETWEEN OLIVE STREET AND 10TH STREET, AND BETWEEN ARROWHEAD AVENUE AND "D" STREET, IN SAN BERNARDINO. (38) Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that the hearing be closed and the findings of fact as set forth in the staff report from Roger G. Hardgrave, Director of Public Works/City Engineer, 25 5/7/90 as to why that certain "U" shaped alley lying between Olive Street and 10th Street and between Arrowhead Avenue and "D" Street, is no longer necessary for street purposes, be adopted; and that said resolution be adopted. Resolution Ayes: Council None. Absent: No. 90-155 was adopted Members Reilly, Flores, Council Members Estrada, by the following vote: Maudsley, Minor. Noes: Pope-Ludlam, Miller. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ED LEONELLI AND DOMINIQUE MOREL RELATING TO MAKING SEMI-ANNUAL PAYMENTS ON THE COST FOR UNDERGROUNDING UTILITIES AT 1080 EAST NINTH STREET. (52 ) Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried that the proposed resolution and the proposed motion regarding a benefit resolution be continued to May 21, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. WATER SERVICE OUTSIDE CORPORATE LIMITS NORTHEAST OF INTERSECTION OF PALM AVENUE BLVD. (SEE PAGE 8) In a memorandum dated April 26, 1990, Councilman Tom Minor, requested reconsideration of the Mayor and Council's authorization to provide water service outside corporate limits of the City for a ten acre parcel adjacent and northeast of the intersection of Palm Avenue and Cajon Boulevard. (60) OF AND CITY- CAJON Paul Toomey, Principal Planner, Krueper Engineering and Associates, Inc., 568 N. Mt. View, San Bernardino, California, representing USPCI, was present. Council Member Minor made a motion, seconded by Council Member Flores, that reconsideration of authorization to provide water service outside corporate limits of the City be continued to May 21, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council Meeting and took her place at the council table. AUTHORIZE FORMATION OF A LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT - WATERMAN AVENUE FROM MILL STREET, SOUTH TO DUMAS STREET In a memorandum dated April 26, 1990, Mayor Holcomb stated that center dividers north of Dumas Street, up to Mill Street are paved with asphalt and have significant weeds protruding therefrom. He recommended that the City proceed with landscaping all of the center dividers south of Mill Street. (61) 26 5/7/90 A discussion ensued regarding extending the boundaries of the landscaping maintenance assessment district from Ninth Street south to the Santa Ana River. Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the City Engineer be instructed to proceed with the formation of a landscape maintenance assessment district on Waterman Avenue, from Ninth Street south to the Santa Ana River. DELMANN HEIGHTS WATER SYSTEM UPGRADE FUNDING OF CITY'S PORTION In a memorandum dated April 20, 1990, Mayor Holcomb stated that the City informally agreed with the Water Department in 1984, to pay the acquisition cost of a private water system that was servicing the Delmann Heights area. This was done because of poor quality of water service and deteriorated conditions of the water system. The water system was acquired through eminent domain in which the East Valley Water District participated by condemning the Southern California Water System in the Highland area. (62) The condemnation suit has been completed and the acquisition cost for the entire system is $5,465,000. The City's share of this cost is $399,268. Mayor Holcomb stated that he has discussed with the Water Department an approach whereby the City will not have to use any General Fund monies to fund the City's portion of the Delmann Heights water system upgrade. Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the matter relative to the funding of the City's portion of the Delmann Heights water system upgrade be continued to May 21, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. CITY ATTORNEY PENMAN RETURNED City Attorney Penman returned to the Council Meeting and replaced Deputy City Attorney Empeno. PUBLIC COMMENTS - JANET SUMMERFIELD - HIGHLAND HILLS PROJECT Janet Summerfield, 3618 Hemlock Drive, spoke regarding the reissuance of housing authority financing bonds for the Highland Hills project. She felt that the amount of bond money allocated for the project is an inappropriate use of Housing Authority resources. (3) 27 5/7/90 Mrs. Summerfield distributed to the Mayor and Council a document containing signatures of neighboring residents opposing the reissuance of housing bonds for the Highland Hills project. PUBLIC COMMENTS - JOHN LIGHTBURN - SUN - PARKING & BUILDING VIOLATIONS John Lightburn, 149 W. Sixth Street, spoke regarding The Sun's building and parking violations for property located at 3238 and 3240 North "E" Street. (3) COUNCIL MEMBER ESTRADA AND POPE-LUDLAM RETURNED Council Members Estrada and Pope-Ludlam returned to the Council Meeting and took their places at the council table. PUBLIC COMMENTS - JAMES WIRTH - POLICE BUILDING NEEDS James Wirth, 1980 North Sierra Way, spoke regarding the needs of the San Bernardino Police Department. (3) Mayor Holcomb stated that a discuss approval of a street assessment district which will police services. public hearing will be set to sweeping and street lighting create funds to be used for PUBLIC COMMENTS - ROBERT TERRA - MALATHION SPRAYING Robert Terra, P. O. Box 771, Captain Cook, Hawaii, spoke regarding the malathion spraying in San Bernardino. He asked when the City Attorney will be going to court to request a halt to the malathion spraying. (3) APPEAL - PLANNING COMMISSION'S DENIAL SIGN PERMIT NO. 89-119 EASTERLY SIDE OF INTERSECTION OF HALLMARK PARKWAY AND LEXINGTON WAY - STATE COLLEGE SELF-STORAGE - CONTINUED FROM APRIL 16, 1990 This is the time and place continued to hearing of the Planning Commission's denial of 89-119 for State College Self-Storage located side of the intersection of Hallmark Parkway and for an appeal Sign Permit No. on the easterly Lexington Way. (65) In a memorandum dated March 26, 1990, Larry Director of Planning and Building Services, explained denied Sign Permit No. 89-119. E. Reed, why staff Larry Reed, Director of Planning and Building and Services, read a letter dated May 3, 1990, from Gary Quiel, Project Engineer, Quiel Bros. Electric Sign Service Co., Inc., stating that they are withdrawing their appeal of Sign Permit No. 89- 119. 28 5/7/90 John Lightburn, P. O. Box 1622, representing Robert Hammon, Managing Partner, State College Self Storage, stated that his client's proposals are no longer supported by the owners of the property. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the hearing be closed. It was noted that the applicant has withdrawn the appeal. RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES AND ANY AMENDMENTS THERETO AS THE CITY OF SAN BERNARDINO ADMINISTRATIVE POLICIES AND PROCEDURES FOR ENVIRONMENTAL REVIEW AND REPEALING RESOLUTION NOS. 13157, 13175, 79-43 79-498 AND 81-358. (66) Larry Reed, Director of Planning and Building Services, stated that the proposed resolution was not reviewed by DRC. A discussion referred to the recommendation. ensued regarding the proposed resolution being Legislative Review Committee for review and Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that the resolution adopting the California Environmental Quality Act Guidelines be referred to the Legislative Review Committee and continued to June 4, 1990. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY The Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order by Mayor Holcomb in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 90-156 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CONSENTING TO AND CALLING A JOINT PUBLIC HEARING WITH THE COMMUNITY DEVELOPMENT COMMISSION ON THE PROPOSED REDEVELOPMENT PLAN FOR THE MT. VERNON CORRIDOR REDEVELOPMENT PROJECT AND THE PROPOSED FINAL ENVIRONMENTAL IMPACT REPORT (EIR) RELATING THERETO. (R-5G) Council Member Miller made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 90-156 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. 29 5/7/90 RECESS MEETING At 2: 58 p.m. , the Community Development Commission/ Redevelopment Agency recessed to closed session. RECONVENE MEETING At 3:20 p.m, Mayor Holcomb reconvened the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Council Member Pope-Ludlam. Mayor Holcomb announced that in closed session, the Council voted to acquire real property located at the northwest corner of 5th and "E" Streets. PROTEST HEARING - VACATION OF A PORTION OF CAROLINE STREET BETWEEN CLUB WAY AND SUNSET DRIVE In a memorandum dated April 16, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that as a condition of the development, the Sunset Group was to vacate a portion of Caroline Street lying between Club Way and Sunset Drive. Sunset Group owns most of the land in the immediate area and plans to extend the north/south leg of Caroline Street to Redlands Boulevard. (39) In a letter dated May 1, 1990, Jerry Bieber, an Econo Lube n' Tune franchise owner, opposed the vacation of Caroline Street because the vacation of this street would deny access and direct traffic away from established businesses. In a letter dated April 26, 1990, Nancy Patterson, Project Manager, Econo Lube n' Tune, 4911 Birch Street, Newport Beach, CA 92660, strongly objected to the proposed vacation. In a letter dated April 24, 1990, Hal Cohen, property owner, objected to the proposed vacation of Caroline Street. He stated that he owns the property located at 2225 Club Way and that the proposed vacation would seriously detract from the value of his property. In a letter dated May 4, 1990, Patricia Green, Vice President, The Sunset Group, 225 West Hospitality Lane, Suite 100, San Bernardino, CA 92408, stated that the request for vacation of Caroline Street between Club Way and Sunset Drive has been withdrawn. She requested to reserve the right to apply for the vacation of Caroline Street at a later date with the understanding that the proceedings will start from the beginning. 30 5/7/90 Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the proposed vacation of a portion of Caroline Street between Club Way and Sunset Drive be tabled. RES. 90-157 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE IMPLEMENTATION AND OPERATION OF AN AUTOMATED IDENTIFICATION SYSTEM. (Continued from April 16, 1990) (40) Council Member Minor made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 90-157 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the council table. A RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE BOARD OF WATER COMMISSIONERS PROVIDING WATER SERVICE FOR A FOUR ( 4 ) ACRE PARCEL OF LAND LOCATED APPROXIMATELY ONE-HALF MILE NORTH OF PALM AVENUE ON THE EAST SIDE OF CAJON BOULEVARD (APN 262-041-14), LOCATED OUTSIDE THE CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO. (Continued from April 16, 1990) (41) Paul Toomey, Associates, 568 N. answered questions private diesel fuel Principal Planner, Krueper Engineering & Mt. View, 2nd Floor, San Bernardino, CA, regarding the amount of landscaping for the pumping station. Mayor Holcomb stated that all projects city limits should meet the minimum requirements. He suggested that conditions approval of plans for landscaping prior to the active as follows: developed outside ci ty landscaping be placed on the agreement becoming 1. That a landscaping plan be approved by the Planning Department that meets all city landscaping requirements for property centrally located in the city limits. 2. That the property owner enter into an agreement with the City of San Bernardino that they will maintain the landscaping in a prudent manner, and if they fail to do so, the City may maintain the property and lien the property for all costs incurred in maintaining the landscape. 31 5/7/90 3. That the landscaping plan has to be approved prior to the agreement becoming effective. 4. That the applicant post a bond installation of landscaping within date water service commences. guaranteeing the six months of the Mr. Toomey explained the operation of the proposed diesel pumping station. A discussion ensued regarding a diesel pumping station being so close to a hazard waste transfer station. Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the proposed resolution approving water service for a four acre parcel be referred to the Planning Department for review and recommendation. RES. 90-158 - RESOLUTION OF THE CITY OF SAN BERNARDINO ENDORSING PROPOSITION 116-THE RAIL TRANSPORTATION BOND ACT. (42) In a letter dated March 23, 1990, Craig Anderson, Endorsement Coordinator, Californians For Transportation Solutions, 909 12th Street, Suite 203, Sacramento, CA 95814, requested that the City of San Bernardino endorse Proposition 116, a statewide ballot initiative which will provide significant funding for passenger rail service in the San Bernardino region. Council Member Miller made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 90-158 was adopted by the following vote: Ayes: Council Member Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. RES. 90-159 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A LOAN PROGRAM FOR SEWER CAPACITY RIGHTS FEES FOR QUALIFYING RESIDENTS. (43) Council Member Maudsley made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 90-159 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. 32 5/7/90 RESOLUTION OF THE CITY OF SAN BERNARDINO THE EXECUTION OF AN AGREEMENT WITH CONVERSE SOUTHWEST, INC. FOR INSPECTION SERVICES. AUTHORIZING CONSULTANTS (44) A discussion ensued regarding authorizing Administrator to contract with a private inspection inspection services of new development projects. the . City firm for Council Member Miller made a motion, seconded by Council Member Reilly, that said resolution be adopted, and authorization be given to execute the agreement subject to approval of the City Administrator. City Attorney Penman stated that the consulting firm that does the inspections agrees to indemnify the City and would name the City as an additional insurer in a half-million dollar insurance policy. City Attorney Penman answered questions, stating that the consulting firm would perform inspection services as instructed by the Planning and Building Services Department. A discussion ensued regarding the proposed resolution not being review by the City Administrator prior to placement on the Council agenda. Council Member Estrada made a substitute motion, seconded by Council Member Flores, that the proposed resolution be continued to May 21, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, and a document be presented from the City Administrator and City Attorney that can be agreed upon. The substitute motion carried by the following vote: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Ludlam. Noes: Council Member Miller. Absent: None. Ayes: Pope- COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. ADOPTION OF NEGATIVE DECLARATION AND FINDING OF CONSISTENCY WITH THE CIRCULATION ELEMENT OF GENERAL PLAN - VACATION OF PORTION OF LUGO AVENUE, NORTH OF 4TH STREET - CONTINUED FROM APRIL 16, 1990 This is the time and place continued to for adoption of the negative declaration and finding of consistency with the circulation element of the General Plan for the vacation of portion of Lugo Avenue, north of Fourth Street. (55) In Director Tracadas a memorandum dated April 27, 1990, Roger Hardgrave, of Public Works/City Engineer, stated that Mr. Frank submitted a letter objecting to the proposed vacation, 33 5/7/90 on the basis that traffic, noise and air quality studies needed to be done before the negative declaration could be adopted. Mr. Tracadas owner of three parcels, one fronting Sierra Way, the second fronting Sierra Way and Lugo Avenue and the third fronting Lugo Avenue, has plans to develop an office building on the third parcel. The Environmental Review Committee at their meeting of March 15, 1990, reviewed Mr. Tracadas' concerns and determined that the proposed vacation could not have a significant impact on the environment and voted to re-affirm their recommendation for adoption of the negative declaration. Mr. Larry Sharp, San Bernardino County Central Credit Union, stated that he has talked with Mr. Tracadas regarding the proposed vacation of a portion of Lugo Avenue, north of Fourth Street. He stated that Mr. Tracadas is still opposing the proposed vacation based upon the fact that he would lose traffic circulation south to Fourth Street. Mr. Sharp stated that if the City did not close Lugo Avenue, north of Fourth Street, there will continue to be a high volume of pedestrian traffic trying to cross Lugo Avenue which would be a safety hazard. Mr. Sharp answered questions regarding access on Mr. Tracadas' property. Anne Debolt, Real Property Specialist, answered questions regarding property owners having another opportunity to protest the proposed vacation. David Lewis, more opportunity vacation. Planning Consultant, for property owners stated that there is one to protest the proposed City Clerk Clark answered questions and explained the process for approving negative declarations. She stated that Mr. Tracadas can come back and speak on the resolution of intention ordering the vacation. She stated that the adoption of negative declarations are normally on the Consent Calendar and usually do not have a public hearing. Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the negative declaration for Public Works Project No. 89-47, vacation of a portion of Lugo Avenue, north of Fourth Street, be adopted. 34 5/7/90 Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that a finding be made that the vacation of a portion of Lugo Avenue, north of Fourth Street, is consistent with the circulation element of the General Plan. SEWER WAIVER REQUEST NO. 90-2 TWO PARCELS SOUTHERLY SIDE OF ARROWHEAD ROAD, EASTERLY OF WATERMAN AVENUE - JOHN POWERS - CONTINUED FROM APRIL 16, 1990 This the time and place continued to for sewer waiver request No. 90-2 regarding two parcels on the southerly side of Arrowhead Road, easterly of Waterman Avenue as requested by John Powers. (56) In a memorandum dated May 1, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that at the Council meeting of April 2, 1990, the request by Mr. John Powers for a waiver of the condition to connect to the sewer system was approved. This approval was based upon information provided to the petitioner that the parcel was below the grade of Arrowhead Road, which seemed very plausible in view of the prevailing topography of the area. However, a field review revealed that the parcel can easily be served by a sewer main in Arrowhead Road. John Powers, 750 E. Arrowhead Road, requested clarification of why the staff is recommending rescission of the approval of his request for sewer waiver No. 90-2. He stated that only the bottom lot would need a pumping station. City Attorney Penman explained why the argument of no natural obstruction is not grounds for a waiver to connect to the City sewer system. He stated that a field inspection had not been made when Council first approved Mr. Powers' request. The approval was based upon information that the parcel was below the grade of Arrowhead Road. Roger Hardgrave, Director of Public Works/City Engineer, explained why staff denied the sewer waiver request No. 90-2. He stated that the property does not meet the exemption requirements outlined in the San Bernardino Municipal Code. Director Hardgrave suggested that as an assessment district could be formed for all parcels cost for connecting to the City's sewer system. option, an to bear the Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the waiver granted on April 2, 1990, of the condition to connect to the sewer system for 425 East Arrowhead Road, be rescinded. 35 5/7/90 Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that sewer waiver request No. 90-2, by Mr. John Powers for Assessor's Parcel Numbers 270- 093-02 and 14, be denied, due to the conditions for exemption not being met. RES. 90-160 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE APPLICATION FOR BLOCK GRANT FUNDS UNDER THE PROVISIONS OF THE ROBERTI-Z' BERG-HARRIS OPEN-SPACE AND RECREATION PROGRAM FOR THE UPGRADING OF WALKWAYS AT SECCOMBE LAKE STATE URBAN RECREATION AREA. (45) Council Member Estrada made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 90-160 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that funds in the amount of $36,949 from the 1990-91 Park Construction Fee Fund be authorized as the City's portion of the project funding for construction of walkways at Seccombe Lake State Urban Recreation Area. RES. 90-161 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO LEASE WITH THE UNITED STATES OF AMERICA (NAVY RESERVE) PERTAINING TO A MODIFICATION OF THE LEGAL DESCRIPTION IN THE LEASE OF CITY OWNED PROPERTY SITUATED AT THE SOUTHWEST CORNER OF WATERMAN AVENUE AND 4TH STREET, IN THE CITY OF SAN BERNARDINO. (46) RES. 90-162 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO LEASE WITH THE UNITED STATES OF AMERICA (ARMY RESERVE) PERTAINING TO A MODIFICATION OF THE LEGAL DESCRIPTION IN THE LEASE OF CITY OWNED PROPERTY SITUATED AT 296 E. THIRD STREET, IN THE CITY OF SAN BERNARDINO. (47) Council Member Miller made a motion, seconded by Council Member Minor, that said resolutions be adopted. Resolution following vote: Maudsley, Minor, Pope-Ludlam. Nos. 90-161 and 90-162 were Ayes: Council Members Estrada, Miller. Noes: None. Absent: adopted by the Reilly, Flores, Council Member 36 5/7/90 RES. 90-163 A RESOLUTION OF THE BERNARDINO DECLARING ITS INTENTION VACATION OF A PORTION OF JEFFERSON PEPPER AVENUE AND EUCALYPTUS AVENUE. CITY OF SAN TO ORDER THE AVENUE BETWEEN (48) Council Member Flores made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 90-163 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council Meeting. RES. 90-164 A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A COMMON USE AGREEMENT WITH THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR THE CONSTRUCTION OF STREET AND FLOOD CHANNEL IMPROVEMENTS CONCERNING PROPERTY GENERALLY LOCATED AT THE INTERSECTION OF PALM AVENUE AND THE CABLE CREEK FLOOD CHANNEL. (49) Council Member Minor made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 90-164 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor. Noes: None. Absent: Council Members Pope-Ludlam, Miller. RES. 90-165 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO AN AGREEMENT WITH GFB-FRIEDERICH & ASSOCIATES, INC., FOR CONSULTANT SERVICES RELATIVE TO THE FORMATION OF A CITY-WIDE ASSESSMENT DISTRICT. (50) Roger Hardgrave, Director of Public Works/City Engineer, described the additional services that are needed relative to the formation of a city-wide assessment district. COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council Meeting and took her place at the council table. A discussion ensued regarding how much of the assessment costs will actually go towards police services. Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolution be adopted. 37 5/7/90 Resolution No. 90-165 was Ayes: Council Members Estrada, Council Members Flores, Minor. Ludlam. adopted by the following Reilly, Maudsley, Miller. Absent: Council Member vote: Noes: Pope- RES. 90-166 A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED UNDERGROUNDING OF UTILITIES IN THE AREA OF LENA ROAD AND TENNIS COURT LANE CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID UNDERGROUNDING KNOWN AS ASSESSMENT DISTRICT NO. 992, ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY. (51) Council Member Reilly made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 90-166 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. MC-728 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTERS 15.04 AND 15.74 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO BUILDING WITHOUT A BUILDING PERMIT AND CONTINUING WORK AFTER THE ISSUANCE OF A STOP WORK ORDER. FINAL ( 53) Council Member Reilly made a motion, seconded by Council Member Minor, that said ordinance be adopted. Ordinance MC-728 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. INCREASE BUSINESS LICENSE RATE FOR CARRY-OUT FOOD BUSINESSES - CONTINUED FROM APRIL 2, 1990 This is the time and place continued to consider an amendment to Municipal Code Section 5.04.525, Subsection C, to increase the business license rate for carry-out food businesses. This matter had been continued for sixty days to allow members of the fast food industry to come up with a sustaining program for keeping their property and adjacent areas free of litter. (54) In a memorandum dated December 20, 1989, Lee Gagnon, Business License Supervisor, proposed an amendment to Municipal Code Section 5.04.525, Subsection C, relative to retail food merchants. The proposed amendment would increase city revenue by $70,000 which would be used to offset the cost for cleanup of trash accumulated in the areas near bus stops, fences, parkways and vacant lots. 38 5/7/90 Council Member Maudsley made a motion, Member Flores and unanimously carried, that to increasing the business license rate businesses be continued to July 2, 1990. seconded by Council the matter relative for carry-out food ASSESSMENT DISTRICT MAINTENANCE OF FRONT YARD SETBACK- IRVINGTON AND CHESTNUT FOR TENTATIVE TRACT NO. 13307- AUTHORIZATION TO PROCEED - (CONTINUED FROM APRIL 16, 1990) In a memorandum dated March 27, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that a petition has been received from property owners requesting the formation of an assessment district for the maintenance of front yard setbacks adjacent to all public streets within Tentative Tract No. 13307. (57) Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the City Engineer and City Clerk be authorized to proceed with the establishment of an assessment district under the provisions of Chapter 12.90 of the San Bernardino Municipal Code; and that the City Engineer be directed to prepare an engineer's report for the proposed front yard setback maintenance within Tentative Tract No. 13307. APPEAL BOARD OF BUILDING COMMISSIONERS' DECISION- BOARD-UP AND CLEAN PREMISES - 1432-1446 N. "G" STREET - FRANK AND KATHERINE FOSTER - CONTINUED FROM APRIL 16, 1990 This is the time and place continued to for an appeal hearing of the Board of Building Commissioners' decision to board-up and clean premises at 1432-1446 N. "G" Street. The appeal was filed by Frank and Katherine Foster. (58) Larry Reed, Director of Planning and Building Services, stated that Frank and Katherine Foster have been working with his department and have requested another continuance. Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the appeal hearing regarding the board-up and cleaning of premises located at 1432- 1446 N. "G" Street be continued to May 21, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. CREDITS FOR LAND AND IMPROVEMENTS DEDICATION - IN LIEU OF PAYMENT OF PARK CONSTRUCTION FEES - CENTURY HOMES COMMUNITY - TRACTS 14110 AND 14319 In a memorandum dated May 1, 1990, Annie F. Ramos, Director of Parks, Recreation & Community Services, stated that Century 39 5/7/90 Homes Communities, the developers of Whispering Glen, a residential housing area located in the vicinity of Harwick Drive and Weir Road, has requested that in lieu of payment of Park Construction Fees for Tracts 14110 and 14319, they be allowed to develop and dedicate a 3.24 acre park. (63) In a letter dated January 16, 1990, Director, Century Homes Communities, P. Bernardino, CA 92412, provided a summary of the proposed park site for Tract 14110. Bob Diehl, Project O. Box 8110, San the costs to improve In a letter dated April 30, reimbursement in the amount of recreation fees previously paid. 1990, Mr. $80,353.20 Diehl requested for parks and COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. A discussion ensued regarding the continuing this matter to discuss details for forming an assessment district. Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that Century Homes' request for credits for land and improvement fees and consideration of an assessment district be continued to June 4, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INCREASE SALARIES FOR PART-TIME AND TEMPORARY POSITIONS - ESTABLISH HOURLY RATE FOR CATV PRODUCTION PROGRAMMING ASSISTANT In a memorandum dated April 23, 1990, Gordon R. Johnson, Director of Personnel, provided recommendations for increasing salaries for various part-time and temporary positions, and establishing an hourly rate for a CATV production programming assistant. (64) Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the salaries be increased for certain part-time and temporary positions as follows: Summer Youth Specialist Recreation Aide Recreation Leader Sr. Recreation Leader Recreation Specialist Lifeguard Senior Lifeguard Supervising Lifeguard Senior Services Aide Coach Operator to $8.00 $4.68 - $5.16 $5.17 - $5.71 $5.72 - $6.31 $6.33 - $6.98 $5.50 - $6.05 $6.33 - $6.98 $7.15 - $7.89 $4.67/Flat $6.33 - $6.98 40 5/7/90 and that an hourly range be established for CATV Production/Programming Assistant of $6.50 - $6.82 - $7.16 - $7.51 - $7.89. Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the Director of Personnel be directed to prepare a resolution updating Resolution 6413, Section 13, temporary/part-time employees. COUNCIL MEMBER FLORES EXCUSED Council Member Flores left the Council Meeting. SET PUBLIC HEARING MAY 21, 1990, 10:00 A.M.- ADJUSTMENT IN CHESTNUT AVENUE STORM DRAIN SURCHARGE In a memorandum dated April 27, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, requested that a public hearing be set for May 21, 1990, at 10:00 a.m., to hear protests on the proposed adjustments in the Chestnut Avenue Storm Drain surcharge. (S-I) Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that a public hearing be set at 10:00 a.m., on Monday, May 21, 1990, in the Council Chambers to hear protests on the proposed adjustment in the Chestnut Avenue Storm Drain surcharge, from $0.09 to $0.13 per square foot. COUNCIL MEMBER FLORES RETURNED Council Member Flores returned to the Council Meeting and took his place at the council table. RES. 90-167 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO J. J. ROOFING FOR REPLACING THE ROOF FOR THE CITY HALL ANNEX (THRIFTY BUILDING) (S-2) Council Member Miller made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 90-167 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Members Estrada, Pope-Ludlam. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meeting and took her place at the council table. RES. 90-168 A RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 90-54 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. (S-3) 41 5/7/90 Council Member Miller made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 90-168 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. RES. 90-169 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE LEGAL AID SOCIETY OF SAN BERNARDINO, INC. (S-4) Council Member Minor made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 90-169 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING FEES AND DEPOSITS RELATING TO MOBILE HOME RENTS. (S-5) Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be continued to May 21, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. PERSONNEL ACTIONS Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the Personnel Actions submitted by the Chief Examiner and Director of Personnel in accordance with Civil Service Rules and Personnel Policies adopted by the Mayor and Common Council of the City of San Bernardino be approved subject to ratification by the Personnel Committee for the following: (A-I) Larry Martin, Data Processing, Programmer I, range 3362, step 1, $2697/mo, effective April 30, 1990; Mark Yavornicky, Data Processing, Programmer I, range 3362, step 1, $2697/mo, effective April 30, 1990; Cecil D. Dillard, City Attorney's Office, City Attorney Investigator, range 3381, step 1, $2966/mo., effective May 14, 1990. 42 5/7/90 . . REQUEST TO DISCUSS - HISTORIC PRESERVATION OF MT. VIEW CEMETERY BUILDING - NORTHEAST CORNER OF HIGHLAND AND WATERMAN AVENUE Council Member Maudsley stated that the County Board of Supervisors is considering action regarding the historic preservation of the Mt. View Cemetery building. (A-2) No action was taken. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SMITHSON/DILLON ASSOCIATES RELATING TO THE CONDUCTING OF A MANAGEMENT AUDIT OF CITY'S PLANNING AND BUILDING SERVICES DEPARTMENT. (Continued from May 2, 1990) (4) A discussion ensued regarding the qualifications of the consultants. (Further action on this resolution took place after the closed sessions). (See page 45). RECESS MEETING - CLOSED SESSION At 5:07 p.m, the Mayor and Development Commission recessed to following: a. to give instruction to the CitY's/Commission's negotiator on the purchase of property pursuant to Government Code Section 54956.8. The real property which the negotiations concern is generally located at: Common closed Council/Community session for the ; 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 (Middle Management Negotiations); d. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities pursuant to Government Code Section 54957; e. to confer with the attorney regarding pending li tigation pursuant to Government Code Section 54956.9(b)(I), as there is significant exposure to litigation; 43 5/7/90 f. to confer with the attorney regarding li tigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending Section decide g. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section 54956.9(a) as follows: Citv 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. 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. 877359; Charles H. Brown vs. City of San Bernardino. et al - United States District Court Case No. SACV 88-495 (AHS); Charles Hudson Brown vs. Domino. et al - San Bernardino Superior Court Case No. 243087; Harris vs. City of San Bernardino - United States District Court - Case No. CV87-04882 (JSL); 44 5/7/90 Valenzuela vs. City of San Bernardino Superior Court Case No. 242137. San Bernardino CLOSED SESSION At 5:07 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 Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Council Member Pope-Ludlam. COUNCIL MEMBER POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived in closed session. ADJOURN CLOSED SESSION At 6:00 p.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 6:00 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 with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Council Members Estrada, Pope- Ludlam. RES. 90-170 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SMITHSON/DILLON ASSOCIATES RELATING TO THE CONDUCTING OF A MANAGEMENT AUDIT OF CITY'S PLANNING AND BUILDING SERVICES DEPARTMENT. (4) Mayor Holcomb announced that in closed session the Mayor and Council discussed the resolution authorizing an agreement with Smithson/Dillon Associates to conduct an audit of Planning and Building Services Department. Council Member Miller made a motion, seconded by Council Member Maudsley, that said resolution be adopted. 45 5/7/90 Ayes: Council Ludlam. Resolution No. 90-170 was Council Members Reilly, Member Flores. Absent: adopted by the following Maudsley, Minor, Miller. Council Members Estrada, vote: Noes: Pope- ADJOURNMENT At 6:05 p.m., Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the Mayor and Common Council and Community Development Commission of the City of San Bernardino adjourn to 12:00 p.m., Monday, May 14, 1990, in the RDA Board Room, Fourth Floor, City Hall, 300 North "D" Street, San Bernardino, California. (67) SHAUNA CLARK City Clerk 1/ ~/7./ // bY/~:4!~:c/ /[XACc.~-' .-. ' , Deputy City Clerk No. Items: 92 No. Hours: 8 hrs. 46 5/7/90