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HomeMy WebLinkAbout06-04-1990 Minutes City of San Bernardino, California June 4, 1990 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 8:30 a.m., Monday, June 4, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Council Members Estrada, Pope- Ludlam, Miller. RECESS MEETING - CLOSED SESSIONS At 8:30 a.m., the Mayor and Common Development Commission of the City of San closed session for the following: Council and Community Bernardino recessed to ( 1) a. to give instruction to the City's/Commission's negotiator on the purchase of property pursuant to Government Code Section 54956.8. The real property which the negotiations concern is generally located at: ; b. to consider personnel matters pursuant to Government Code Section 54957; c. to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6; d. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities pursuant to Government Code Section 54957; f. to confer with the litigation pursuant to 54956.9(b)(I), as there litigation; to confer with the attorney regarding litigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; attorney regarding pending Government Code Section is significant exposure to e. pending Section decide I 6/4/90 g. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section 54956.9(a) as follows: City of San Bernardino vs. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239193; Stubblefield Construction Companv. 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); Revnolds vs. Citv of San Bernardino Superior Court Case No. 248752; San Bernardino Dudley Brewster. et al vs. Southern Pacific Railroad. et al - San Bernardino Superior Court Case No. 249736; Save San Bernardino vs. Citv of San Bernardino San Bernardino Superior Court Case No. 250425; C.F.B. Investments. Ltd. vs. Citv of San Bernardino - United States District Court - Case No. SA CV89-862 JSC (RWRx); Southern Pacific Transportation Companv. et al vs. City of San Bernardino San Francisco Superior Court Case No. 877359; Valenzuela vs. City of San Bernardino Superior Court Case No. 242137; San Bernardino Citv of Redlands vs. Inland Valley Development Agency. et al- San Bernardino Superior Court Case No. 255222; Dolores Wilson vs. City of San Bernardino - San Bernardino Superior Court Case No. 25224; City of San Bernardino vs. San Bernardino Vallev Water Conservation District - San Bernardino Superior Court Case No. 231454; Citv of San Bernardino vs. Henry Voss. et al San Bernardino Superior Court Case No. 256105; Haslam vs. Citv of San Bernardino. et al - San Bernardino Superior Court Case No. 250949; 2 6/4/90 Brooks vs. Police Officer Cpl. Hall. et al - United States District Court Case No. 90-0331R (CM); Western Empire Industries. Inc. vs. City of San Bernardino. et al - San Bernardino Superior Court Case No. 255130. 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; City Attorney Penman. Absent: Council Members Estrada, Pope-Ludlam, Miller; City Clerk Clark, City Administrator Julian. Also present were: James Robbins, Deputy City Administrator/Administrative Services; Victor Lorch, Director of Risk Management; Deborah Shiflett, Legal Secretary I, City Attorney's Office; and Robert Simmons, Deputy City Attorney. READING OF RESOLUTIONS AND ORDINANCES City Clerk Clark read the titles of all the resolutions and ordinances on the regular, supplemental, addendum to supplemental and Community Development Commission agendas. COUNCIL MEMBER ESTRADA ARRIVED At 8:35 a.m., Council Member Estrada arrived at the closed session. CITY CLERK CLARK IN CLOSED SESSION At 8:40 a.m., City Clerk Clark arrived at the closed session. COUNCIL MEMBER At 8:45 a.m., closed session. POPE-LUDLAM ARRIVED Council Member pope-Ludlam arrived at the ADJOURN 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. RECONVENE MEETING At 9:25 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. 3 6/4/90 ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Pope- Ludlam; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Council Members Estrada, Miller. INVOCATION The invocation was given by Dr. Tom Harvick, Central Christian Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Flores. ANNOUNCEMENTS BY MAYOR - VICTOR LORCH - RISK MANAGEMENT DIRECTOR Mayor Holcomb introduced Victor Lorch, the Management Director for the City of San Bernardino. gave an overview of his credentials. new Mr. (2) Risk Lorch ANNOUNCEMENTS BY MAYOR - GRAFFITI Mayor Holcomb spoke regarding a letter he received from Dr. Lee requesting that the City of San Bernardino implement a graffiti abatement program similar to the one in the City of Lakewood. Mayor Holcomb explained that the council has authorized an award of $1000.00 for information leading to the arrest and conviction of anyone putting graffiti on a building or public property. (2) ANNOUNCEMENTS BY MAYOR STATE OF THE CITY ADDRESS REGARDING NORTON AIR FORCE BASE Mayor Holcomb spoke regarding the negative articles published by the Sun on the reuse of Norton Air Force Base. Because he felt that the public is being misled and misinformed by this series of newspaper articles, Mayor Holcomb stated that he will be giving a State of Norton Address on Monday, June 11, 1990, at 10:00 a.m., in the Council Chambers of City Hall informing the public of all the changes and plans concerning Norton Air Force Base. He stated that the meeting will be televised live on Channel 3 and replayed at 7:00 p.m. (2) PRESENTATION - STEVEN PATTERSON - HONORARY MAYOR Lorraine Velarde, Executive Assistant to the Mayor, introduced 12 year old Steven Patterson, who has been designated as honorary mayor for the day. Steven hit the season's first homerun for the Cubs Little League Team at Wildwood Park. Steven attends Golden Valley Intermediate School. Accompanying Steven to the meeting were his parents, Tony and Kathy Reasons, and Coach Baxter. (4) 4 6/4/90 PROCLAMATION - MANAGEMENT WEEK IN AMERICA - JUNE 4 - 8, 1990 Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino declaring the week of June 4, through 8, 1990, as Management Week in America. (5) Mayor Holcomb presented the proclamation to Rick Berry, Vice President, Professional Development, Rockwell/Anaheim/Newport Chapter, Inc. PROCLAMATION - ADOPT A CAT MONTH - JUNE, 1990 Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino proclaiming the month of June, 1990, as Adopt A Cat Month in the City of San Bernardino. (5) Mayor Holcomb presented the proclamation to Debi Biggs, Director of Animal Control. Director Biggs stated that $2,000.00 has been allocated from the spay/neuter trust account to be used in an incentive program whereby a City resident would receive a ten dollar certificate to be applied against the cost to spay/neuter a cat. PROCLAMATION - KIDS AGAINST CRIME DAY - JUNE 5, 1990 - LINDA WARSAW Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino proclaiming June 5, 1990, as Kids Against Crime Day in the City of San Bernardino. (5 ) Mayor Holcomb presented the proclamation to Nellie Warsaw, Chief Executive Officer of Kids Against Crime Inc., on behalf of Linda Warsaw, who was unable to attend the meeting. PRESENTATION - SAN BERNARDINO CITY CHAMPIONSHIP GIRLS BASKETBALL TEAM - RUBEN CAMPOS COMMUNITY CENTER Lorraine Velarde, Executive Assistant to the Mayor, introduced the San Bernardino City Championship Girls Basketball Team, Jr. High Division, Ruben Campos Community Center. (5) Mayor Holcomb presented the Mayor's Leadership Award Certificate to the San Bernardino City Championship Girls Basketball Team. A group picture was taken of the team members. A member of the basketball team presented Mayor Holcomb with the team's basketball and a T-shirt of the girls basketball team. The Executive Assistant to the Mayor was also presented with a T-shirt. 5 6/4/90 PRESENTATION - EMPLOYEE RECOGNITION - 1990 QUARTERLY AWARDS Lorraine Velarde, Executive Assistant to the Mayor, introduced the employees listed below who were honored through the Employee Recognition Program. Each of the employees received a monetary award in the amount of $200.00 in recognition of their outstanding service and dedication to their duties. (4) Darlene Rodriquez, Department; Personnel Clerk I, Civil Service Susan Ann Hoak, Animal Control Officer, Animal Control Division; Debi Biggs, Director of Animal Control; Tony Page, Firefighter, Fire Department; Valerie C. Ross, Senior Planner, Planning/Building Services Department; Tom Boggs, Administrative Operations Supervisor II, Parks, Recreation and Community Services. COUNCIL MEMBER POPE-LUDLAM EXCUSED. Council Member Pope-Ludlam left the Council meeting. PUBLIC COMMENTS - JOHN LIGHTBURN - SUN'S VIOLATION OF VEHICLE STORAGE/CERTIFICATE OF OCCUPANCY John Lightburn, 149 W. 6th Street, San Bernardino, California, spoke regarding alleged illegal vehicle storage and maintenance yard located at 3238 and 3240 North "E' Street. Mr. Lightburn stated that refueling and maintenance of vehicles is taking place at these locations and requests that the City take action to prevent this type of activity. (3) Mr. Lightburn stated that the Sun has filed for a temporary certificate of occupancy. He explained that a hearing has been scheduled before the Planning Commission on June 19, 1990 for an interpretation of the intended use of the certificate of occupancy. Mr. Lightburn presented photos of one of the structures owned by the Sun located on North "E" Street. The photo showed that structural alterations have been made to the doors to open inward. Mr. Lightburn stated that these structural alterations were made without the proper approval from the City. Mr. Lightburn requests that swift and deliberate action be taken by the City against the Sun. 6 6/4/90 City Attorney Penman stated that the Fire Department was asked to examine the structural changes made to the doors of the Sun's buildings in question and make a determination whether or not that particular building is in the category that requires the doors to open outward. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the council table. PUBLIC COMMENTS - BOB BROWN - SBETA ASSISTANCE BY TERRY WRIGHT Bob Brown, 1135 Evans Street, San Bernardino, California, stated that Terry Wright, Staff Analysis, SBETA, 646 Sierra Way, has helped re-train him for employment through the JPTA job training program. He thanked everyone involved in that training program for their assistance. (3) FORMATION OF A STREET LIGHTING AND SWEEPING ASSESSMENT DISTRICT - STATEMENT BY COUNCIL MEMBERS FLORES & MINOR Council Members Flores and Minor stated for the record that they were voting only for the public hearing on Item 28, and not on the assessment district itself. (Item 28 is a resolution regarding the formation of a street lighting and sweeping assessment district to be known as Assessment District No. 994.)(See page 16) (28) WAIVE READING OF RESOLUTIONS AND ORDINANCES Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental, addendum to supplemental and Community Development Commission agendas be waived. ( 6 ) APPROVAL OF COUNCIL MINUTES - MAY 2, 1990, MAY 7, 1990 Council Member Maudsley 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: May 2, 1990, and May 7, 1990. (7) CLAIMS AND PAYROLL Council Member Maudsley 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 29, 1990, from the Director of Finance, be approved. (8) 7 6/4/90 EXTENSION OF FINANCIAL AUDITING SERVICES - KMPG PEAT MARWICK, CERTIFIED PUBLIC ACCOUNTANTS In a memorandum dated May 30 , 1990, Mayor Holcomb stated that he had reviewed the work of KMPG Peat Marwick and believed their auditing services have been competent and the costs reasonable. Mayor Holcomb recommended that the services of Peat Marwick be continued, since the Redevelopment Agency also utilizes the services of this firm. (11) In a letter dated May 8, 1990, Thomas W. Snow, Partner, KPMG Peat Marwick, provided a fixed fee schedule for the fiscal years ending June 30, 1990, 1991 and 1992 for continued annual auditing services for the City. Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the cost for annual audit services for Fiscal Years ending June 30, 1990, 1991 and 1992, be approved in the amounts set forth in the letter form KMPG Peat Marwick dated May 8, 1990. SET PUBLIC HEARING JUNE 18, 1990 AT 10:00 A.M.- INCREASE IN TRANSIENT OCCUPANCY TAX FROM 8% TO 10% In a memorandum dated May 25, 1990, Marshall Julian, City Administrator, requested that a public hearing be set for June 18, 1990, at 10:00 a.m., to discuss the proposed increase in Transient Occupancy Tax from eight to ten percent. (12) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the matter of setting a public hearing to increase the transient occupancy tax be tabled. (This item appears in ordinance form. See page 28) DIFFERENTIAL COMPENSATION DIRECTOR OF PLANNING/ BUILDING SERVICES In a memorandum dated May 23, 1990, Marshall Julian, City Administrator, stated that Mr. Reed's duties as Director of Planning and Building Services increased as a result of the combining of Planning and Building Services at the time of former Planning Director Brad Kilger' s departure on November 3, 1989. No increase in salary was authorized at that time. (13) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that Larry Reed be granted additional compensation in the amount of $811 for interim service as Director of Planning and Building Services. 8 6/4/90 EXTENSION OF CONTRACT MAINTENANCE OF LANDSCAPING- PIEDMONT DRIVE AND CITRUS STREET - ASSESSMENT DISTRICT NO. 982 - MACKENZIE LANDSCAPE - REJECTION OF BIDS AND APPROVAL OF CHANGE ORDER NO. ONE In a memorandum dated May 17, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, explained that two bids for the maintenance of landscaping in portions of Piedmont Drive and Citrus Street, Assessment District No. 982, had been received. The low bid of $7,283 was 180% over the engineer's estimate of $2,600.00. He stated that the present contractor, MacKenzie Landscape, has agreed to a one year extension of the contract from July 1, 1990 through June 30, 1991, for providing landscape maintenance services within Assessment District No. 982 subject to the total basic bid price being adjusted from $3,572.00 to $4,800.00. (16) Director Hardgrave recommended that all bids be rejected since the adjusted basic bid price is considerably less that the low bid price received on May 1, 1990. Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that all bids received on May 1, 1990, for maintenance of landscaping in portions of Piedmont Drive and Citrus Street, within Assessment District No. 982, in accordance with Plan No. 7384 (1990-91), be rejected; and contract Change Order No. One to the contract with MacKenzie Landscape be approved, to extend the term of the contract for one year and adjust the basic bid price from $3,572.00 to $4,800.00. CONSTRUCTION OF PARKING STRUCTURE IN CENTRAL CITY PARKING DISTRICT LOT NO. 2 - REQUESTS FOR PROPOSALS In a memorandum dated May 23, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, recommended that authorization be granted to issue a request for proposals for consulting firms that have experience in designing parking structures for a parking structure in Central City Parking District Lot No.2. A new parking structure will promote development of the block and will alleviate the parking problems in connection with the Police Station. (17) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the Director of Public Works/City Engineer be authorized and directed to issue requests for proposals for consulting design services in connection with the construction of a parking structure in Central City Parking District Lot No.2. 9 6/4/90 RES. 90-189 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A JOINT POWERS AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE CORRIDOR BEAUTIFICATION AUTHORITY BY THE MAYOR OF THE CITY OF SAN BERNARDINO ON BEHALF OF SAID CITY. (19) RES. 90-190 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND THE 12 POINT AMENDMENT TO FOOD SERVICE AGREEMENT SUMMER FOOD SERVICE PROGRAM, ATTACHED AS ATTACHMENT 2 OF THE AGREEMENT, WITH THE SAN BERNARDINO UNIFIED SCHOOL DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES TO CITY'S SUMMER LUNCH SITES. (20) RES. 90-191 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED IN PART, "A RESOLUTION. . PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF. . .TO ESTABLISH A NO PARKING ANY TIME ZONE ON KENDALL DRIVE, BETWEEN 600 FEET NORTHWEST OF WAGONWHEEL ROAD AND 200 FEET SOUTHEAST OF WAGONWHEEL ROAD, APPLICABLE TO THE SOUTH SIDE ONLY. (22) RES. 90-192 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 13656 LOCATED AT THE NORTHEAST CORNER OF MERIDIAN AVENUE AND ESPERANZA STREET, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (NYL, Inc.) (23) RES. 90-193 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 14370, LOCATED ON THE SOUTH SIDE OF ETIWANDA AVENUE, APPROXIMATELY 435 FEET EAST OF MERIDIAN AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (Emblem Development) (24) RES. 90-194 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MENTONE TURF SUPPLY FOR MAINTENANCE OF LANDSCAPING IN PORTIONS OF KENDALL DRIVE (STATE ROUTE 206); AND UNIVERSITY PARKWAY, COLLEGE AVENUE, 48TH STREET, KENDALL DRIVE (STATE ROUTE 206), NORTH PARK BOULEVARD AND LITTLE MOUNTAIN DRIVE, ASSESSMENT DISTRICTS NO. 951 AND 952. (25) 10 6/4/90 RES. 90-195 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MENTONE TURF SUPPLY FOR MAINTENANCE OF LANDSCAPING IN PORTIONS OF 16TH STREET, BETWEEN MUSCOTT STREET AND CALIFORNIA STREET. (Assessment District No. 953) (26) RES. 90-196 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MENTONE TURF SUPPLY FOR MAINTENANCE OF LANDSCAPING IN PORTIONS OF KENDALL DRIVE, SHANDIN HILLS CIRCLE, AND SHANDIN HILLS DRIVE, IN ASSESSMENT DISTRICT NO. 959. (27) RES. 90-197 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MENTONE TURF SUPPLY FOR MAINTENANCE OF LANDSCAPING IN PORTIONS OF AIRPORT DRIVE, VANDERBILT WAY, HOSPITALITY LANE, CARNEGIE DRIVE, BRIER DRIVE, HARRIMAN PLACE, WATERMAN AVENUE AND TIPPECANOE AVENUE. (Assessment Districts 956 & 968) (29) RES. 90-198 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO J & R LANDSCAPE MAINTENANCE, INC., FOR MAINTENANCE OF LANDSCAPING IN PORTIONS OF RIALTO AVENUE, MILL STREET, PEPPER AVENUE , EUCALYPTUS AVENUE, MERIDIAN AVENUE AND MACY STREET. (Assessment Districts 974, 975 and 981) (30) RES. 90-199 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO EXECUTIVE LANDSCAPE CONTRACTORS, INC., FOR MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT NO. 976. (Verdemont Area) (31) RES. 90-200 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MENTONE TURF SUPPLY FOR MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT NO. 991. (Verdemont Drive, Garfield Avenue and Ohio Avenue) (32) RES. 90-201 - RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THAT PORTIONS OF GILBERT STREET, FROM CLYDE STREET TO GLENVIEW STREET, AND CLYDE STREET, FROM GILBERT STREET TO SIXTEENTH STREET, NEED TO BE TEMPORARILY CLOSED. (33) Council Member Maudsley made a motion, seconded by Council Member Flores, that said resolutions be adopted. Resolution Nos. 90-189, 90-190, 90-191, 90-192, 90-193, 90- 194, 90-195, 90-196, 90-197, 90-198, 90-199, 90-200, and 90-201 were adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Members Estrada and Miller. 11 6/4/90 PROPOSED ANNEXATION - AREA NORTH OF 40TH STREET, EAST OF WATERMAN AVENUE In a memorandum dated May 16, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that a Notice of Filing was received from LAFCO relative to an annexation request from the property owner of a single parcel located off Highway 18, east of Waterman Avenue, north of 40th Street. (34) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized and directed to proceed with the proposed annexation of the area generally north of 40th Street, east of Waterman Avenue. RES. 90-202 A RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THE AMOUNT OF PROPERTY TAX REVENUES TO BE EXCHANGED BETWEEN AND AMONG THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO, RESULTING FROM THE JURISDICTIONAL CHANGE DESCRIBED BY LAFC 2599. (34) Council Member Maudsley made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution Ayes: Council Ludlam. Noes: Miller. No. 90-202 was adopted by the following vote: Members Reilly, Flores, Maudsley, Minor, Pope- None. Absent: Council Members Estrada and RES. 90-203 A RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THE AMOUNT OF PROPERTY TAX REVENUES TO BE EXCHANGED BETWEEN AND AMONG THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO, RESULTING FROM THE JURISDICTIONAL CHANGE DESCRIBED BY LAFC 2584. (35) RES. 90-204 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO WILL NIX FORD FOR THE FURNISHING AND DELIVERY OF TWENTY-EIGHT (28) POLICE CARS, TO BE UTILIZED BY THE POLICE DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION SF-39. (39) Council Member Maudsley made a motion, seconded by Council Member Flores, that said resolutions be adopted. Resolution Nos. following vote: Ayes: Minor, Pope-Ludlam. Estrada, Miller. 90-203 and 90-204 were Council Members Reilly, Noes: None. Absent: adopted by the Flores, Maudsley, Council Members 12 6/4/90 PERSONNEL ACTIONS A discussion ensued guards, in view of the schools. regarding the need to hire crossing fact that the City has year-round (9 ) Council Member Maudsley made a motion, seconded by Council Member Reilly, that the personnel actions submitted by the Chief Examiner, dated May 24, 1990, in accordance with all administrative regulations of the City of San Bernardino, be approved. The motion carried by the following vote: Members Reilly, Flores, Maudsley, Minor. Noes: Pope-Ludlam. Absent: Council Members Estrada and Ayes: Council Council Member Miller. AUTHORIZE POSITION OF TYPIST CLERK II CLERICAL SUPPORT - MOBILE HOME RENT DIRECTOR In a memorandum dated May 24, 1990, James E. Robbins, Deputy Ci ty Administrator /Administrati ve Services, requested authorization for one position of Typist Clerk II in the City Administrator's Department to serve as clerical support for the Mobile Home Rent Director. (10) A discussion ensued regarding using the twenty percent set aside funds to fund the Typist Clerk II position. City Administrator Julian answered questions regarding reasons why the duties of the proposed Typist Clerk II could not be absorbed by present staff. Jerry Butler, Director of the Mobile Home Rent Board, explained the need for a Typist Clerk II position. He stated that the City pays the County approximately $250.00 per month to subsidize low income mobile home tenants. He stated that there are plans to bring this subsidy program to the City. The City has received 135 applicants requesting financial assistance, and 45 people have been selected to receive help. Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that one position of Typist Clerk II be authorized in the City Administrator's Department to serve as clerical support for the Mobile Home Rent Director and that the Director of Personnel be instructed to prepare the necessary amendment to Resolution No. 6433. SET PUBLIC HEARING - JUNE 18, 1990, 10:00 A.M. - RATE INCREASE FOR RESIDENTIAL AND COMMERCIAL REFUSE COLLECTION In a memorandum dated May 25, 1990, Manuel P. Moreno, Jr., Director of Public Services, stated that the proposed increase in residential and commercial refuse collection fees has been recommended to offset the 27% increase in tipping (dumping) fees. 13 6/4/90 The tipping fees are a pass through payment to the County for trash dumped at County landfill sites. An increase of 16% is being proposed for all single-family collection, multiple dwelling and mobile home parks, as well as a $.35 per cubic yard increase in commercial rates. (14) Mayor Holcomb explained why he felt this item should be tabled. He stated that there will be a public hearing at 7:00 p.m., Wednesday, June 27, 1990, at the Sturges Auditorium regarding the formation of an assessment district for twice a month street sweeping and street lighting. If the assessment district is approved, then there will be no need to raise the refuse rates. A discussion ensued regarding a public hearing to discuss the increased tipping fees and how they will be paid. Council Member Reilly made a motion, seconded by Council Member Minor, that the matter be tabled. The motion failed by the following vote: Ayes: Council Members Reilly, Minor, Pope-Ludlam. Noes: Council Members Flores, Maudsley. Absent: Council Members Estrada, Miller. Council Member Maudsley made a motion, seconded by Council Member Flores, that a public hearing be scheduled for Monday, June 18, 1990, at 10:00 a.m. for the purpose of receiving public comments relative to a proposed increase in the residential and commercial refuse collection fees. The motion carried by the following vote: Members Flores, Maudsley, Minor, Pope-Ludlam. Member Reilly. Absent: Council Members Estrada, Ayes: Noes: Miller. Council Council COUNCIL MEMBER MINOR EXCUSED Council Member Minor left the Council Meeting. EXTENSION OF SUNSET DRIVE FROM CAROLINE STREET TO REDLANDS BOULEVARD - NEGATIVE DECLARATION AND FINDING OF CONSISTENCY WITH CIRCULATION ELEMENT OF GENERAL PLAN In a memorandum dated May 9, 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. 90-06. A 21- day public review period was afforded from May 8, 1990 to May 28, 1990. No comments were received. (15) 14 6/4/90 Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the negative declaration for Public Works Project No. 90-06, extension of Sunset Drive from Caroline Street to Redlands Boulevard, be adopted; and that a finding be made that the extension of Sunset Drive from Caroline Street to Redlands Boulevard is consistent with the circulation element of the General Plan. COUNCIL MEMBER MINOR RETURNED Council Member Minor returned to the Council Meeting and took his place at the council table. RES. 90-205 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH RUTH PARISH TO PERFORM CONSULTING SERVICES FOR THE DATA PROCESSING DEPARTMENT. (18) James Robbins, Deputy City Administrator/Administrative Services, answered questions regarding the terms of the contract and the duties of the consultant. Council Member Flores made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 90-205 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope- Ludlam. Noes. None. Absent Council Members Estrada, Miller. RES. 90-206 - 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) (21) A discussion ensued regarding the removal of liens that have been paid after they appeared on the lien list. Council Member Minor made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 90-206 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor. Noes: Council Member Pope-Ludlam. Absent: Council Members Estrada, Miller. 15 6/4/90 RES. 90-207 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A STREET LIGHTING AND STREET SWEEPING ASSESSMENT DISTRICT; DECLARING IS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 994; AND SETTING AND DIRECTING PUBLICATION OF NOTICE OF A TIME AND DATE OF A PUBLIC HEARING. (Discussed earlier in the meeting see page 7) (2B) Mayor Holcomb explained the purpose of having a public hearing on the formation of an assessment district for street sweeping and street lighting services. Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding the costs assessed to each property owner if the proposed assessment district is approved. City Administrator Julian answered questions regarding the amount of revenue that will be generated from the proposed assessment district. Council Member Reilly made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 90-207 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Minor, Pope-Ludlam. Noes: Council Member Maudsley. Absent: Council Members Estrada, Miller. RES. 90-20B - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO COLLATERAL UPDATE FOR THE FURNISHING AND DELIVERY OF BOARD-UP SERVICES, TO BE UTILIZED BY THE BUILDING AND PLANNING DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-90-14. (36) RES. 90-209 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO INTERSTATE FIELD SERVICE FOR THE FURNISHING AND DELIVERY OF BOARD-UP SERVICES, TO BE UTILIZED BY THE BUILDING AND PLANNING DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-90-14. (37) RES. 90-210 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO EWING MANAGEMENT FOR THE FURNISHING AND DELIVERY OF BOARD-UP SERVICES, TO BE UTILIZED BY THE BUILDING AND PLANNING DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-90-14. (3B) Council Member Reilly made a motion, seconded by Council Member Flores, that said resolutions be adopted. 16 6/4/90 Resolution Nos. 90-20B, 90-209, 90-210 were adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Pope-Ludlam. Noes: None. Absent: Council Members Estrada, Miller. RES. 90-211 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433, SECTION FOUR, LISTING AUTHORIZED AND BUDGETED POSITIONS FOR THE VARIOUS DEPARTMENTS. (Continued from May 21, 1990) (See resolution for full title) (40) Council Member Minor made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 90-211 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope- Ludlam. Noes: None. Absent: Council Members Estrada, Miller. COUNCIL MEMBER MAUDSLEY EXCUSED Council Member Maudsley left the Council Meeting. 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 lOBO EAST NINTH STREET. (Continued from May 21, 1990) (41) A discussion ensued regarding amending the proposed resolution to reflect the reduction in costs for undergrounding utilities at lOBO East Ninth Street. Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that the proposed resolution be continued to June 1B, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER MAUDSLEY RETURNED Council Member Maudsley returned to the Council Meeting and took his place at the council table. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. PUBLIC HEARING ADJUSTMENT IN THE CHESTNUT AVENUE STORM DRAIN SURCHARGE - CONTINUED FROM MAY 21, 1990 This is the time and place continued to for a public hearing on the proposed adjustment in the Chestnut Avenue Storm Drain surcharge, from $0.09 to $0.13 per square foot. (42) In a memorandum dated April 27, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, recommended adoption of the proposed resolution amending the surcharge amount from $.09 17 6/4/90 to $0.13 per square foot. The purpose for the adjustment is to assure that sufficient funds will be generated to cover the actual construction costs of the Chestnut Avenue storm drain. Mayor Holcomb opened the hearing. No protests were received. RES. 90-212 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 79-425 ENTITLED IN PART, "RESOLUTION ESTABLISHING A SCHEDULE OF FEES FOR STORM WATER DRAINAGE FACILITIES CONSTRUCTION. .", AND AMENDING A SPECIAL SURCHARGE FOR DEVELOPMENT WITHIN THE CHESTNUT AVENUE STORM DRAIN BENEFIT AREA. (42) Council Member Minor made a motion, seconded by Council Member Maudsley, that the hearing be closed; and that said resolution be adopted. Resolution No. 90-212 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor. Noes: None: Absent: Council Members Estrada, Pope-Ludlam, Miller. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the council table. PROTEST HEARING - COMMUNITY FACILITIES DISTRICT NO. 995 - VERDE MONT AREA - CONTINUED FROM MAY 21, 1990 This is the time and place continued to for hearing on the proposed Community Facilities District the Verdemont area. a protest No. 995 in (43) In a memorandum dated May 14, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that the purpose of having a protest hearing on the Community Facilities District No. 995 in the Verdemont area is to establish the district, declare the necessity for issuing bonds, and to call an election within the district on the questions of levying the special tax, incurring a bonded indebtedness of $11,000,000, and setting an appropriations limit of $1,100,000 per fiscal year. Mayor Holcomb opened the hearing. No protests were received. IB 6/4/90 A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING THE NECESSITY TO INCUR A BONDED INDEBTEDNESS TO PAY FOR CERTAIN PUBLIC FACILITIES WITHIN COMMUNITY FACILITIES DISTRICT NO. 995 (VERDEMONT AREA), CALLING A SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS OF SUCH COMMUNITY FACILITIES DISTRICT THE PROPOSITION OF INCURRING SUCH BONDED INDEBTEDNESS AND DESIGNATING THE CITY CLERK OF THE CITY AS THE ELECTION OFFICIAL. (Continued from May 21, 1990). (43) A RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 995 (VERDEMONT AREA), PROVIDING FOR A SPECIAL TAX TO PAY FOR CERTAIN PUBLIC FACILITIES WITHIN SUCH COMMUNITY FACILITIES DISTRICT AND CALLING A SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS WITHIN SUCH COMMUNITY FACILITIES DISTRICT THE QUESTION OF LEVYING SUCH SPECIAL TAX. (Continued from May 21, 1990). (43) Mr. Hardgrave answered questions regarding the costs to install the water mains. Mr. Hardgrave recommended closing resolutions to reflect the reduction the water main, and continuing the Council Meeting. the hearing, amending the in installation costs of resolutions to the next Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the hearing be closed; and that said resolutions be continued to June 18, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. PROTEST HEARING - VACATION OF A PORTION OF JEFFERSON AVENUE BETWEEN PEPPER AVENUE AND EUCALYPTUS AVENUE This is the time and place set for a protest hearing on the vacation of a portion of Jefferson Avenue between Pepper Avenue and Eucalyptus Avenue as requested by the Rialto Unified School District. (44) In a memorandum dated May 14, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that staff received a request from the Rialto Unified School District to vacate a portion of Jefferson Avenue between Pepper Avenue and Eucalyptus Avenue. The School District has plans to build on the surrounding property and would like to eliminate the short section of Jefferson Avenue which bisects the property. Mayor opened the hearing. 19 6/4/90 RES. 90-213 A RESOLUTION OF THE BERNARDINO ORDERING THE VACATION OF JEFFERSON AVENUE BETWEEN PEPPER AVENUE AVENUE. CITY OF SAN A PORTION OF AND EUCALYPTUS (44) Council Member Flores made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the hearing be closed; that the findings of fact as set forth in the staff report from Roger G. Hardgrave, Director of Public Works/City Engineer, as to why a portion of Jefferson Avenue between Pepper Avenue and Eucalyptus Avenue, is no longer necessary for street purposes, be adopted; and that said resolution be adopted. Resolution No. 90-213 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope- Ludlam. Noes: None. Absent: Council Members Estrada, Miller. CREDITS FOR LAND AND IMPROVEMENTS DEDICATION IN LIEU OF PAYMENT OF PARK CONSTRUCTION FEES CENTURY HOMES COMMUNITIES - TRACTS 14110 AND 14319 - REIMBURSEMENT OF FEES - CONTINUED FROM MAY 7, 1990 This is the time and place continued to for a request for credits for land and improvements dedication in lieu of payment of park construction fees for Tracts 14110 and 14319 and reimbursement of previously paid park construction fees in the amount of $80,353.20. This request was made by Century Homes Communities. (45) In a memorandum dated May 1, 1990, Annie F. Ramos, Director of Parks, Recreation & Community Services, stated that Century Homes Communities, the developers of Whispering Glen, a residential housing area located in the vicinity of Harwick Drive and Weir Road in south San Bernardino, 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. The park would be located directly across Harwick Drive from Colony Park, on a 3.4 acre site which has a lighted ballfield, restroom, picnic tables and a parking lot. Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly and unanimously carried, that the request from Century Homes Communities for credits for land and improvement dedication in lieu of payment of park construction fees for Tracts 14110 and 14319 be continued to June 18, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 20 6/4/90 CHAPTER 12.92 IMPROVEMENTS - DRIVEWAY FILL-IN - CORNER OF 5TH AND "D" STREETS - PARCEL NOS. 134-0B1-I0 AND 134-0B1-22 - ROBERT M. NORRIS - CONTINUED FROM MAY 21, 1990 This is the time and place continued to for consideration of Chapter 12.92 Improvements of driveway fill-in on the corner of 5th and "D" Streets, parcel numbers 134-0BI-I0 and 134-0B1-22. The owner of the parcels is Robert M. Norris. (46) In a memorandum dated May 15, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated Mr. Robert M. Norris, owner of parcel numbers 134-0BI-I0 and 134-0B1-22, is presently in negotiations with the Sun Company to lease the property for parking purposes. Mr. Norris has indicated that he does not want to fill in the driveways as there may be need for a parking lot in the future. Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that Chapter 12.92 Improvements for driveway fill-in on the corner of 5th and "D" Streets parcel numbers 134-0BI-IO and 134-0B1-22 be continued to July 2, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. FUNDING OF CITY'S PORTION OF DELMANN HEIGHTS WATER SYSTEM UPGRADE - CONTINUED FROM MAY 21, 1990 This is the time and place continued to for consideration of funding the City's portion of the Delmann Heights water system upgrade. (47) In a memorandum dated April 20, 1990, Mayor Holcomb stated that in 19B4, the Common Council requested the Municipal Water Board to acquire the private water system serving the Delmann Heights area, because of poor quality in water service and the seriously deteriorated condition of the water mains and related system infrastructure. In a memorandum dated March 22, 1990, Bernard C. Kersey, Director, Administration & Finance in the Water Department, stated that the Water Department entered into a promissory note with East Valley Water District for the remaining costs associated with the acquisition of the Delmann Heights System of Southern California Water Company's San Bernardino service area. In a letter dated January 9, 1990, addressed to Skip Wilson, Treasurer, East Valley Water District, Bernard C. Kersey, Director, Administration & Finance in the Water Department, provided information regarding the financing and acquisition of the Southern California Water Company Highland-Delmann Heights Water Quality Supply Authority. 21 6/4/90 Mayor Holcomb explained how much of the City's share will be coming out of the General Fund to pay for the Delmann Heights water system upgrade. City Attorney Penman stated that the City has to pay its share of the costs because of the condemnation settlement. Ci ty Administrator understanding that this preparation of a report on Julian stated that it matter would be tabled this matter. was his to allow Council Member Pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that the matter of funding the City's portion of Delmann Heights water system upgrade be continued to June 18, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. REMOVAL OF EXISTING DRIVEWAY APPROACHES AND INFILLING OF CURB DEPRESSIONS, RECONSTRUCTION OF CURB, GUTTER AND SIDEWALKS - CONTINUED FROM MAY 21, 1990 This is the time and place continued to for allocation of funds for City participation in the removal of existing driveway approaches and infilling of curb depressions and reconstruction of curb, gutter and sidewalks. (48) In a memorandum dated May 15, 1990, Fred Wilson, Assistant to the City Administrator, provided clarification on the issue of City participation in terms of funding fifty percent of the costs associated with the removal of existing driveway approaches and infilling of curb depressions. It is recommended that $100,000 be allocated from the bond proceeds to fund the City's participation in this program. Members Administrator proceeds will of the prepare be used. Council a report discussed having that outlines how the the City bond Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, to continue this matter until 2:00 p.m. (See page 34) COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meeting and took her place at the council table. 22 6/4/90 APPEAL BOARD OF BUILDING COMMISSIONERS' DECISION- BOARD UP AND CLEAN PREMISES - 1432-1446 N. "G" STREET- FRANK AND KATHERINE FOSTER - CONTINUED FROM MAY 21, 1990 This is the time and place continued to for an appeal of the Board of Building Commissioners' decision to board up and clean premises at 1432-1446 N. "G" Street, as requested by Frank and Katherine Foster. (49) In a memorandum dated May 29, 1990, Debra L. Daniel, Acting Code Compliance Supervisor, stated that action has been taken to resolve the concerns of Mr. and Mrs. Foster. The case will be returned to the Board of Building Commission for another hearing on July 6, 1990. Staff's recommendation will be to incur the adjusted cost of $4,402.55. which was agreed upon by Mr. & Mrs. Foster, plus the $25.00 Notice of Pendency release fee. Debra Daniel, Acting Code Compliance Supervisor, answered questions regarding the Board of Building Commission approving the revised abatement costs. Council Member Pope-Ludlam made a motion, Council Member Reilly and unanimously carried, that referred back to the Board of Building Commission. seconded by the appeal be APPEAL - BOARD OF BUILDING COMMISSIONERS' DECISION TO DEMOLISH BUILDING AND ABATE WEEDS, TRASH AND DEBRIS AT 1642 E. ECHO DRIVE - MARGARET BUCKNER - CONTINUED FROM MAY 21, 1990 This is the time and place continued to for an appeal filed by Margaret Buckner through Attorney Lawrence A. Hutton of the Board of Building Commissioners' decision to demolish the building, abate weeds, trash and debris at 1642 E. Echo Drive. (50) In a memorandum dated April 25, 1990, Larry E. Reed, Director of Planning and Building Services, provided background information concerning the condition of property located at 1642 E. Echo Drive. Staff's recommendation is to uphold the Board of Building Commissioners' finding that costs have been incurred in the amount of $268.80 for the abatement actions. In a letter dated April 25, 1990, Thomas Jeannotte, 2959 Park Avenue, San Bernardino, Ca, also appealed the action taken by the Board of Building Commission on abatement proceedings for property located at 1642 Echo Drive. In a letter dated April 24, 1990, Lawrence A. Hutton, The Law Firm of Hutton and Torchia, 655 North La Cadena Drive, Colton, Ca, filed an appeal on behalf of Margaret Agnew Buckner, 1068 Hancock, San Bernardino, an heir in the estate of Thelma Brinkley, now deceased. Mr. Hutton requested that the Mayor and 23 6/4/90 Council reconsider the action of the Board of Building Commission to raze the structure on the premises and instead permit the appellant to rehabilitate the premises. John Agnew, 1642 Echo Drive, San Bernardino, Ca., on behalf of Margaret Agnew Buckner, requested an extension in time to complete the clean up of the property at 1642 Echo Drive. Debra Daniel, Acting Code Compliance Supervisor, stated that clean-up of the property has begun and that the property is secured as requested by the Mayor and Council. She presented pictures of the property to the Council. John Agnew answered questions regarding the open swimming pool. He stated that an eight foot fence surrounds the property so no one can get into the pool. A discussion ensued regarding continuing this matter for two weeks to allow Mr. Agnew more time to finish the clean-up of the property. Ms. Daniel answered questions stating that the City will not continue to incur costs for the abatement of the property if this matter were continued to a later date. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that Mr. Agnew be given thirty days and within that thirty day period of time finish the clean up, come back with a plan, and pay the incurred costs of $268.80. CO-SPONSORSHIP AND WAIVER OF FEES - ELKS PARADE In a memorandum dated May 25, 1990, Marshall Julian, City Administrator, presented a letter from the Arrowhead Elks Lodge No. 896, requesting a waiver of fees to conduct a parade June 23, 1990, from 10:00 a.m. to Noon. (52) Attached to Mr. Julian's memorandum was a letter dated April 11, 1990, in which Alonza L. Thompson, Arrowhead Elks Lodge No. 896, stated that the I.B.P.O.E.W. Pacific States Elks will hold their Pacific Conference Convention in the City of San Bernardino the week of June 19-24, 1990. One of the highlighted events scheduled is a parade down "E" Street. He requested that the City waive all parade fees and ancillary services associated with this event. 24 6/4/90 Council Member pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that the Pacific States Elks Parade, June 23, 1990, be co-sponsored by the City as a promotional event and that the Police overtime costs and overtime costs of barricade placement by Public Works, in the amount of $1,408, be funded from Account No. 001-092 Nondepartmental. Council Member pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that the request from the sponsors of the Pacific States Elks Parade that the City reimburse the organization for liability insurance costs in the amount of $400, be denied. ARCHIVING VIDEOCASSETTE TAPES OF CITY COUNCIL MEETINGS In a memorandum dated May 25, 1990, Dean Gray, Director of Telecommunications, stated that his division has been videotaping City Council meetings since July 1989, and to date all edited masters have been archived on the original 3/4" video cassette tape stock. Three options for implementing a policy guideline on retaining audio cassette recordings were outlined in the staff report. (53) City Attorney Penman answered questions regarding whether or not video cassette tapes are considered a better source of evidence than written documents in a court of law. He stated that under Government Code Section 34090.7, tapes are considered to be duplicate city records and cannot be destroyed for 90 days after they are first made. In terms of what is better, the City Clerk's minutes are used if there is a conflict in the audio tape. In some cases, the video tapes have been referred to for clarification. Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly and unanimously carried, that the matter of setting a policy for archiving video cassette tapes of City Council meetings be referred to the Legislative Review Committee. APPEAL BOARD OF BUILDING COMMISSIONERS' DECISION- ABATEMENT AND ATTENDANT COSTS 845 MAYFIELD JON HARDT In a memorandum dated May 24, 1990, Larry E. Reed, Director of Planning and Building Services, provided background information concerning the abatement of property at 845 Mayfield. (54) In a letter dated February 2, 1990, Jon Hardt, 12120 Raley Drive, Riverside, California, 92505, on behalf of his sister-in- law, Jean M. Hardt, the owner of record of property at 845 Mayfield, appealed the Board of Building Commissioners' decision on abatement and attendant costs for this property. 25 6/4/90 He listed his grievances regarding the manner in which the City has handled the abatement process on the property. He noted he did not receive the correction notice dated December 8, 1989, until December 18, 1989. He also set forth suggestions as to an acceptable method of resolving the problems and agreed to provide a number of improvements to help settle the case. Debra background property. Daniel, Acting Code Compliance Supervisor, information that lead to the abatement gave the of the A discussion ensued regarding whether or not the owner received adequate notice prior to the City moving forward on the abatement of the property. Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that the Board of Building Commissioners' finding of April 6, 1990, that the City had incurred costs of $2,605.94 for the abatement actions at 845 Mayfield, and the BBC order to incur the costs of the City's abatement as a lien against the property and a personal obligation of the owner(s) be upheld. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. APPEAL - RIALTO UNIFIED SCHOOL DISTRICT - INSTALLATION OF TRAFFIC SIGNALS AND IMPROVEMENTS - PEPPER AVENUE AND MILL STREET In a memorandum dated May 14, 1990, Roger G. Hardgrave, Director of Public works/City Engineer, stated that the Rialto Unified School District is planning to build a new senior high school at the southwest corner of Mill Street and Pepper Avenue. The traffic study prepared for the new school identified the need for traffic signals at Eucalyptus Avenue and Mill Street upon opening of this facility. The preliminary estimate of cost for the traffic signals is $120,000. (55) In a letter dated May I, 1990, David L. Andrews, Ed.D. Superintendent, Rialto Unified School District, 182 East Walnut Avenue, Rialto, CA, in referring to the proposed traffic signal at Eucalyptus and Merrill Avenues, stated that the State School Building Program does not have the funds to complete such a project. He explained that the organization uses local developer fees to offset its costs. As a result, the fees become the local share of a school building project. Therefore, he requested that the signal be financed by the development community rather than the public school, which is built as a result of the growth. Mayor Holcomb urged the Council to approve the request from the Rialto School District. He stated that the proposed school will serve a number of residents from the City of San Bernardino. 26 6/4/90 Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the appeal from the Rialto Unified School District for a waiver of the requirement that traffic signals be installed at Mill Street and Eucalyptus Avenue, and street improvements installed on Pepper Avenue adjacent to the new high school site, be approved; and the Director of Public Works/City Engineer be directed to include the installation of traffic signals in the Capital Improvement Program under the 1991/92 Fiscal Year, and the street improvements on Pepper Avenue at the earliest fiscal year that funds can be identified. "HIRING FREEZE" IN CONNECTION WITH 1990-91 BUDGET Mayor Holcomb recommended that discussion and possible action relative to the necessity for declaring a "Hiring Freeze" in connection with the 1990-91 Budget be continued until the noon luncheon workshop. (See page 34) (S-l) RES. 90-214 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 90-117 AND ELIMINATING THE REQUIREMENT THAT UNREINFORCED MASONRY BUILDINGS BE DEMOLISHED BY SEPTEMBER I, 1991. (S-2) City Attorney Penman explained the purpose of the resolution. He stated that on May 24, 1990, the Legislative Review Committee directed him to draft an amendment to Res. 90- 117, to eliminate the requirement that unreinforced masonry buildings be demolished by September I, 1991. City Attorney Penman answered questions regarding the urgency of adopting this resolution. Mayor Holcomb stated that the public should be given an opportunity to give its input before this resolution is adopted. He urged that the Director of Planning and Building Services come back with a comprehensive amendment and change the title by removing September 1, 1991 as the demolition date. Council Member Maudsley made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 90-214 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor. Noes: None. Absent: Council Members pope-Ludlam, Miller. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the council table. 27 6/4/90 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 3.52.030 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE AMOUNT OF THE UNIFORM TRANSIENT OCCUPANCY TAX. FIRST (S-3) City Clerk Clark explained the conditions for allowing exemptions for low income hotel/motel residents if the hotel/motel meets the Planning and Building Services requirements for R-l occupancy. Mayor Holcomb proposed exemptions for low income residents living in hotels/motels. He stated that the motels/hotels will have to meet certain codes to allow permanent occupancy. Council Member Flores made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that said ordinance be laid over for final passage. David Porter, Cal State University, and Chairman of the Convention Visitors Bureau, answered questions regarding notification to motels/hotels in the area regarding the amendment to the Uniform Transient Occupancy Tax ordinance. MC-731 URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 8.80 TO THE SAN BERNARDINO MUNICIPAL CODE RESTRICTING DISCHARGES TO THE STORM DRAIN SYSTEMS. FINAL (S-6) A discussion ensued regarding the policing of provisions of the proposed ordinance. Council Member pope-Ludlam made a motion, seconded by Council Member Reilly, that said ordinance be adopted. Ordinance MC-731 was adopted by the following vote: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Ludlam. Noes: None. Absent: Council Member Miller. Ayes: Pope- COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. CONSTRUCTION OF PEDESTRIAN BRIDGE - CITY HALL ANNEX- REJECTION OF BID AND AUTHORIZATION TO RE-ADVERTISE In a memorandum dated May 30, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that the one bid received for the construction of a pedestrian bridge, from the 5- level parking structure to the City Hall Annex was 118% over the engineers estimate. After the City Hall Design Review Committee 28 6/4/90 reviewed the bid, the Committee concluded that the plans should be modified to eliminate the covered portion of the bridge, change the handrail to a more cost effective design, and have the automatic doors bid as an alternative. Staff has contacted several other firms that have expressed interest in bidding on the re-advertised project. (S-4) Director Hardgrave stated there is an urgency in that it is necessary to complete the bridge before staff can relocate to the new building. Council Member Flores made a motion, seconded by Council Member Minor, and unanimously carried, that the bid received on May B, 1990, for the construction of a pedestrian bridge for the City Hall Annex (Thrifty Building), in accordance with Plan No. B076, be rejected, and that the Director of Public Works/City Engineer be directed to modify the plans and specifications in order to reduce the cost, and re-advertise the project. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the council table. RES. 90-215 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH U. S. WASTE THERMAL PROCESSING FOR INCINERATION OF CONTAMINATED SOIL FROM THE FUELING ISLAND IN CITY YARD. (AS-I) Roger Hardgrave, Director of Public Works/City Engineer, explained that during the replacement of the fuel dispenser pipelines at the fueling station in the City Yard, contaminated soil was encountered. The contamination was caused by the leakage of diesel fuel from the existing fuel lines running from the storage tanks to the dispensers. The County Department of Environmental Health directed the excavation of all contaminated soil which could be accessed without the removal of the storage tanks or the overhead canopy. A discussion ensued regarding whether or not the City would be exempt from the requirement of having to reapply for permits from the County Department of Environmental Health. CITY CLERK CLARK EXCUSED City Clerk Clark left the Council Meeting and was replaced by Deputy City Clerk Reese. Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolution be adopted. 29 6/4/90 Resolution No. 90-215 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, pope-Ludlam. Noes: None. Absent: Council Member Miller. 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. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. RES. 90-216 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A GRANT OF EASEMENT TO GTE CALIFORNIA INCORPORATED. (R-9) Council Member Maudsley made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution 90-216 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor. Noes: None. Absent: Council Members Pope-Ludlam, Miller. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place a the council table. RECESS MEETING At 12:00 p.m., the Regular Meeting of the Mayor and Common Council recessed to a luncheon workshop in the Management Information Center on the Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING - LUNCHEON WORKSHOP At 12:30 p.m., Mayor Holcomb called the luncheon workshop to order in the Management Information Center (MIC Room), 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; Sr. Assistant City Attorney Barlow, City Clerk Clark, City Administrator Julian. Absent: Council Member Miller. CAPITAL IMPROVEMENT PROGRAM - 1989-90 TO 1993-94 Roger Hardgrave, Director of Public Works/City Engineer, presented the Capital Improvement Program for fiscal year 1989-90 through fiscal year 1993-94. He explained the potential sources of funding and gave an overview of the different sections of the plan. (51) 30 6/4/90 The Director of Public Works answered questions regarding the condition of infrastructure and a siphon located in the Santa Ana River. The Mayor asked staff to look into fees paid by East Highland Ranch for sewer line replacement. UTILIZATION OF BOND PROCEEDS City Administrator Julian presented a memorandum dated June I, 1990, giving the following update on the utilization of the bond proceeds through May 30, 1990. Issue of 1989 $11,692,175 Programs funded Park Patrol Streets City Equipment Capital Improvements Buildings City Personnel 82,600 1,649,608 462,842 100,000 2,398,650 447,195 $ 5,140,899 Balance of funding available from bond proceeds $11,692,175 5.140.899 $ 6,551,276 The memorandum also explained the source and permitted use of funds such as tax increment funds, tax exempt certified mortgage obligations, the sale of residuals from the certified mortgage obligations and tax allocation bonds. Attached to the memo was a matrix showing available funding, along with an explanation of the categories of expenditure. City Administrator Julian answered questions regarding his report. Andy Green, Director of Finance, regarding the general fund reserve. answered questions Mayor Holcomb spoke regarding a $5,000,000 loan to the Water Department. Bob Temple, Executive Director of the Redevelopment Agency, distributed and explained a document entitled "Use of Other Funds and Bond Proceeds as of May 22, 1990". 31 6/4/90 The Mayor and Council discussed how bond proceeds and other income should be accounted for, reported to the Council, and spent. RECESS LUNCHEON WORKSHOP At 1:45 p.m., Mayor Holcomb recessed the luncheon workshop until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:06 p.m., Mayor Pro-Tempore Estrada called the Regular Meeting to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor; Deputy City Attorney Empeno, City Clerk Clark, City Administrator Julian. Absent: Mayor Holcomb; Council Members Pope-Ludlam, Miller. APPEAL - CONDITIONAL USE PERMIT NO. 86-26 - EXTENSION OF TIME - DARWIN PEARSON This is the time and place set for an appeal filed by Darwin Pearson on Conditional Use Permit No. 86-26 for an extension of time for approval of the revised conditional use permit for a 42 unit apartment project located on the east side of Del Rosa Avenue, north of Marshall Boulevard. (56) In a memorandum dated May 23, 1990, Larry E. Reed, Director of Planning and Building Services, stated that in November, 1989, the applicant, Darwin Pearson, appealed the Planning Commission's denial of extension of time, request for Conditional Use Permit No. 86-26 and Tentative Tract 13665 for a 42 condominium unit project. On December 18, 1989, the applicant revised the project by proposing to build a 42 unit apartment project of the same design and removing the condominium-tract map portion from the project. Deputy City Attorney Empeno explained why this appeal is being heard today. John Montgomery, Principal Planner, gave background information regarding the appeal of Conditional Use Permit No. 86-26. He stated that on May 8, 1990, the Planning Commission voted to recommend approval of the revised Conditional Use Permit, the extension of time for the revised Conditional Use Permit No. 86-26, and withdrawal of Tentative Tract No. 13365. Mr. Montgomery stated that the applicant has indicated there is a possibility that the proposed 42 unit apartment project may be revised into a senior complex project. 32 6/4/90 Darwin Pearson, 1249 1/2 W. Balboa Blvd., Newport Beach, Ca. 92661, stated that he will come back with a new conditional use permit if the apartment project is converted into a senior citizens project. Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that the hearing be closed; that the appeal be upheld; and that the extension of time until June 4, 1991 for the revised Conditional Use Permit No. 86- 26 for a 42 unit apartment complex be approved, subject to the findings of fact, conditions of approval, and standard requirements contained in the May 8, 1990, Planning Commission staff report. RES. 90-217 - 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. (Continued from May 7, 1990) (57) John Montgomery, Principal Planner, explained the purpose of this resolution. He stated that the California Environmental Quality Act (CEQA) requires local governments to adopt procedures for environmental evaluation of projects consistent with the Act and the promulgated CEQA Guidelines. The proposed resolution incorporates the latest edition of the California Environmental Quality Act Guidelines as the City's Local Guidelines. Council Member Minor made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 90-217 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor. Noes: None. Absent: Council Members Pope-Ludlam, Miller. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 15.20.050 TO REQUIRE LANDSCAPING PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR BUILDINGS VACANT MORE THAN 180 DAYS. FIRST (58) John Montgomery, Principal Planner, proposed ordinance was developed to require the issuance of a certificate of occupancy more than 180 days. explained that the landscaping prior to for buildings vacant MAYOR HOLCOMB RETURNED Mayor Holcomb returned to the Council Meeting and replaced Mayor Pro-Tempore Estrada at the council table. 33 6/4/90 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 RETURNED City Attorney Penman returned to the Council Meeting and replaced Deputy City Attorney Empeno. A discussion ensued regarding the question of whether the tenant or the building owner will be responsible for landscaping the property if the building is vacant more than IBO days. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that said ordinance be referred to the Legislative Review Committee to come back on June 1B, 1990. REMOVAL OF EXISTING DRIVEWAY APPROACHES AND INFILLING OF CURB DEPRESSIONS AND RECONSTRUCTION OF CURB, GUTTER AND SIDEWALKS CONTINUED FROM MAY 21, 1990- (DISCUSSED EARLIER IN THE MEETING. SEE PAGE 22) This is the time and place continued to for allocation of funds for City participation in the removal of existing driveway approaches and infilling of curb depressions and reconstruction of curb, gutter and sidewalks. (4B) Mayor Holcomb stated that the City still has one million dollars available from the bond proceeds for the purpose of funding blight reduction programs. He stated that these funds will be made available to those individuals who volunteer to do their own driveway approaches and infilling of curb depressions. Council Member Minor made a motion, seconded by Council Member Flores, that the allocation of $100,000 from the bond proceeds for the purpose of funding the City's participation in the removal of existing driveway approaches and infilling of curb depressions and reconstruction of curb, gutter and sidewalks be approved; and that the City Attorney be directed to prepare the necessary mutual benefit resolution authorizing the use of bond proceeds for these purposes. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Minor, Pope-Ludlam. Noes: Council Member Maudsley. Absent: Council Member Miller. "HIRING FREEZE" IN CONNECTION WITH THE 1990-91 BUDGET- CONTINUED FROM EARLIER IN THE MEETING - SEE PAGE 27 City Administrator proposed that all appointments be frozen effective June 4, 1990, and all future applicants be subject to review by the City Administrator before getting confirmation of the Mayor and Common Council. (S-l) 34 6/4/90 Mayor Holcomb urged Council to wait and discuss the issue of declaring a hiring freeze until Saturday, June 9, 1990, during the budget hearings. A discussion ensued regarding the fate of prospective City employees who have been selected for employment, and are waiting for confirmation of the Mayor and Council. City Attorney Penman stated that the proposed hiring freeze would not apply to certain departments. No action was taken. The Mayor and Council agreed to discuss this item at the June 9, 1990, Budget hearing. WAIVER OF REQUIREMENT TO CONNECT TO SEWER SYSTEM- CONSTRUCTION OF HOUSE - 5060 SEPULVEDA AVENUE - VALUE HOMES - MR. & MRS. JOHN BEACH In a memorandum dated May 30, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that plans had been submitted and approved which indicated that the house being constructed at 5060 Sepulveda Avenue was connected to the City's sewer system. However, the developer later acquired a permit for installing a septic tank. (S-5) Curtis Wieler, President, Value Homes, 1300 N. Mountain View Avenue, San Bernardino, Ca. 92405, stated that he is the general contractor who is building a single family residence at 5060 Sepul veda Avenue for Mr. and Mrs. J. Beach. He stated that a septic tank permit was issued and the septic tank was installed and inspected by the Building and Safety Department. He stated that he was not made aware of the City's ordinance requiring that the projects be connected to the sewer system until after the septic tank had been installed. Mr. Wieler answered questions regarding the status of the septic tank. He stated that the septic tank has already been installed, inspected and covered. Roger Hardgrave, Director of Public Works/City Engineer, explained the provisions of the City ordinance requiring all projects to be connected to City sewer systems. He stated that there is an existing sewer manhole in the intersection of Sepulveda Avenue and 50th Street. An extension of this sewer line would cross the San Bernardino Valley Municipal Water District line and should not present any unusual problems. City Attorney Penman explained the provlslons of the ordinance that would allow a waiver to the requirement to connect to City sewer. 35 6/4/90 Director Hardgrave answered questions regarding potential problems that may occur if the septic tank is allowed to stay in place. Mr. Goddards, sub contractor for Value Homes and owner of Goddards Cesspool Service, stated that he received the permit to install the septic tank for the home at 5060 Sepulveda Avenue. A discussion ensued relief to the property connect to City sewer. regarding the granting of some form of owner relative to the requirement to Mayor Holcomb stated that the only way to grant a waiver to the requirement to connect to City sewer is to amend the ordinance to give a broader scope of waivers. He suggested creating a provision where a finding is made that there is no significant adverse impact on underground water, and require the applicant to pay an offset fee. This offset fee could then be used to install sewers in other parts of the City or be used in other areas where funds are needed. Mr. J. Beach, property owner at 5060 Sepulveda Avenue, explained the events that led to this hearing before the Mayor and Council. He felt that since the mistake was made by the Ci ty, he should not have to pay the costs to remove the septic tank and connect to the City's sewer system. Mr. Beach answered questions regarding the original plans that were submitted to the Public works/City Engineering Department. Mayor Holcomb urged Council that from an equity standpoint, the owners be provided with some form of relief. City Attorney Penman stated that since the permit was issued in error by the City, one form of relief for the applicants is to file a claim with the City Clerk for reimbursement of some of the out of pocket expenses. Director Hardgrave answered questions and explained the conditions for granting a temporary 120 day extension to the requirement for connecting to City sewer. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. Council Member Maudsley made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the request for waiver to connect to City sewer be referred to Legislative Review Committee to consider amending the ordinance. 36 6/4/90 Mr. Weiler stated that construction of the home is complete and the home is ready for occupancy. He stated that by referring this matter to the Legislative Review Committee the property owners cannot move into their home. Mayor Holcomb suggested that occupancy be issued subject to the to allow the property owners to move a temporary certificate of posting of a $2500.00 bond, into their new home. Council Member Maudsley made a motion, seconded by Council Member Pope-Ludlam, that a temporary certificate of occupancy be issued subject to the posting of a $2500.00 bond. The motion failed by the following vote: Members Maudsley, Pope-Ludlam. Noes: Council Flores, Minor. Absent: Council Members Estrada, Ayes: Members Miller. Council Reilly, ADJOURNMENT At 3:25 p.m., Council Member pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that the Mayor and Common Council and Community Development Commission of the City of San Bernardino adjourn to 8:00 a.m., Saturday, June 9, 1990, in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. (59) SHAUNA CLARK City Clerk IJ . , /] " //1 by /fL,ldl' ((;.~ Lf..4l Deputy City Clerk No. Items: 77 No. Hours: 5 1/2 hrs. 37 6/4/90