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HomeMy WebLinkAbout06-18-1990 Minutes City of San Bernardino, California June 18, 1990 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 8:38 a.m., Monday, June 18, 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 Pro Tempore Miller; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Clark. Absent: Mayor Holcomb; Council Member Pope-Ludlam, City Administrator Julian. RECESS MEETING - CLOSED SESSION At 8:38 a.m., Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the Mayor and Common Council and Community Development Commission will recess to closed session for the following: (1 & S-7) At 8: 38 Development following: a.m., the Mayor and Commission recessed Common Council and Community to closed session for the (1) a. to give instruction to the CitY's/Commission's negotiator on the purchase of property pursuant to Government Code Section 54956.8. The real property which the negotiations concern is generally located at: ; b. to consider personnel matters pursuant to Government Code Section 54957; c. to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6; d. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities pursuant to Government Code Section 54957; e. to confer with the litigation pursuant to 54956.9(b)(1), as there litigation; attorney regarding pending Government Code Section is significant exposure to 1 6/18/90 f. to confer with the attorney regarding litigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending Section decide g. to confer 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: Ci tv of San Bernardino vs. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239193; Stubblefield Construction Company. et al vs. Citv of San Bernardino. et al - San Bernardino Superior Court Case No. 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. City of San Bernardino Superior Court Case No. 248752; San Bernardino Dudlev 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. City 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. Citv of San Bernardino Superior Court Case No. 242137; San Bernardino City of Redlands vs. Inland Vallev Development Aoencv, et al - San Bernardino Superior Court Case No. 255222; Dolores Wilson vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 252224; Citv of San Conservation No. 231454; Bernardino vs. San Bernardino Vallev Water District - San Bernardino Superior Court Case Citv of San Bernardino vs. Henrv Voss. et al San Bernardino Superior Court Case No. 256105; 2 6/18/90 Haslam vs. Citv of San Bernardino. et al - San Bernardino Superior Court Case No. 250949; Brooks vs. Police Officer Cpl. Hall. et al - United States District Court Case No. 90-0331R (CM); Western Empire Industries. Inc. vs. Citv of San Bernardino. et al - San Bernardino Superior Court Case No. 255130; Citv of San Bernardino vs. Deukmeiian. et al San Bernardino Superior Court Case No. 256623; Citv of San Bernardino vs. Simchowitz - San Bernardino Superior Court Case No. 255534. CLOSED SESSION At 8:38 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 Pro Tempore Miller; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman. Absent: Mayor Holcomb; Council Member Pope-Ludlam, City Clerk Clark, City Administrator Julian. Also present were: Deputy City Attorney Simmons, Deputy City Attorney Empeno, Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office; Deputy City Administrator Robbins. READING OF RESOLUTIONS AND ORDINANCES City Clerk Clark read the titles of all the resolutions and ordinances on the regular and supplemental agendas. COUNCIL MEMBER At 8:41 a.m., closed session. POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the CITY CLERK CLARK ARRIVED At 8:50 a.m. , City Clerk Clark arrived at the closed session. DEPUTY CITY ATTORNEY EMPENO EXCUSED Deputy City Attorney Empeno left the closed session. PERSONNEL DIRECTOR JOHNSON ARRIVED At 8:55 a.m., Personnel Director Johnson arrived at the closed session. 3 6/18/90 DEPUTY CITY ATTORNEY SIMMONS, ADMINISTRATIVE OPERATIONS SUPERVISOR SCROGGIN AND PERSONNEL DIRECTOR JOHNSON EXCUSED At 9:15 a.m., Deputy City Attorney Simmons, Administrative Operations Supervisor Scroggin and Personnel Director Johnson left the closed session. 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 9:32 a.m., Mayor Pro Tempore Miller reconvened the Regular Meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tempore Miller; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Mayor Holcomb. INVOCATION The invocation was given by Rev. David Randolph of San Bernardino Community Hospital. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Maudsley. PUBLIC COMMENT - JEAN ANDERSON - SUN TELEGRAM Jean Anderson, 3309 North "H" Street, San Bernardino, spoke in support of the Sun Telegram moving into the 3200 North "E" Street site. She stated previously there had been a complaint regarding the Sun's distribution center being located at 3238 North "E" Street. She stated that the area is very deserted and she is very delighted to have the vacant building occupied by a reliable business. Ms. Anderson stated that this might encourage other businesses to come back into the area. (3) SERVICE PIN AWARD CEREMONY Lorraine Velarde, Executive Assistant to the names of employees receiving service pin awards. Mayor, read the (4 ) Each employee received a service pin from Mayor Pro Tempore Miller in gratitude of his/her many years of service to the City. 4 6/18/90 PRESENTATION - DUNCAN WEBB - CERTIFICATE FOR AMBASSADOR OF GOODWILL Lorraine Velarde, Executive Assistant to the Mayor, read the certificate for Duncan Webb commending him for his outstanding qualifications as Ambassador of Goodwill. (5) Duncan Webb was present to accept the resolution from Mayor Pro Tempore Miller. PRESENTATION - OFFICER PIERRE WEAKLEY Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending Police Officer Pierre Weakley for his heroic effort in saving the life of a seven month old baby girl by performing CPR. (5) Officer Weakley was present to accept the resolution of commendation from Mayor Pro Tempore Miller. PRESENTATION - FIVE AMBASSADORS OF ASIA Thelma Press, Executive Director, Cultural and Affairs, presented five ambassadors to Asia. The from San Gorgonio High School competed in an all trip to Hong Kong and won. International five students expense paid (5) The five members of the team were present to accept the resolution from Mayor Pro Tempore Miller. APPOINTMENT - DR. ERNEST GARCIA - FINE ARTS COMMISSION Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the appointment of Dr. Ernest Garcia to the Fine Arts Commission be approved. (S-6) REQUEST TO DISCUSS SIGN ORDINANCE COUNCIL MEMBER MAUDSLEY The Council combined items S-l, S-8 and S-9 as they are all related to the sign ordinance. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.60 OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING THE ANNUAL SIGN CODE INSPECTION STICKER AND INVENTORY PROGRAM. (S-8) RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 90-115 WHICH ESTABLISHED AN ANNUAL SIGN CODE INSPECTION STICKER FEE TO FUND AN INVENTORY, IDENTIFICATION AND ABATEMENT PROGRAM OF ILLEGAL OR ABANDONED SIGNS. (S-9) 5 6/18/90 The Council presented their concerns regarding the sign and sticker ordinance. It was pointed out that there are no internal policies or procedures established for enforcing this ordinance. The Council discussed the implementation ordinance and the notice sent out to the residents by the Planning/Building Services Department. of the sign and businesses Tom Jones, owner of Poor Richards Pipe Tobacco Shop, 364 W. Highland Avenue, spoke in opposition to the sign and sticker inventory program. He objected to the fees he has had to pay for various taxes and an additional fee such as the sign ordinance fee is not needed. He suggested that the Council rescind the sign ordinance and start allover. Mr. Jones answered questions of the Council. Robin Quesada, owner of Bear Essentials, 346 W. Highland Avenue, spoke in opposition to the sign ordinance. She criticized the Planning and Building Department for not being able to explain the sign ordinance in more detail to her on the telephone. Randy Patterson, owner of Desert Industries Thrift store, located at 196 W. Highland Avenue, complained about not receiving information on this newly adopted sign ordinance and the lack of communication. He stated that he is in opposition to this ordinance. Robert Dorado, owner of a barber shop located at 433 South Waterman Avenue, spoke in opposition to the sign ordinance. He complained about the $25 fee and stated that he cannot afford to pay this fee. Mr. Dorado also complained that the City is always implementing some type of tax for residents. Burt Trottier, businessman and designer, stated that the City needs some type of policy and guidelines to address the abandoned signs and any new signs in San Bernardino. He stated that the information sent out was confusing and people did not understand the sign ordinance. Mr. Trottier stated that the public needs to know the intent of the ordinance to be able to support it. Pat Fiorito, owner of Don's American Shoes, 330 W. Highland Avenue, spoke in opposition to the sign ordinance. She stated that the abandoned signs are the signs causing the blight problems and the owners of these signs should have to pay the fee and be fined. The small business owners with signs in compliance should not be charged a fee. 6 6/18/90 Candy Stallings, owner of Balloons and Stuff, 466 W. Highland Avenue, spoke in opposition to the sign ordinance. She suggested that the illegal signs be fined and the signs in compliance be left alone. Larry Reed, Director of Planning/Building Services, explained the sign ordinance. He stated that there were mistakes in the letter sent out to the public and it should have contained more background information. He elaborated on the type of signs that are required to have a sticker and explained that this ordinance does not apply to every sign in the City. Mr. Reed apologized to the public for not providing more information on the program and answered questions of the Council. The Council discussed the problems encountered with sign ordinance and the testimony presented today from business owners. this the City Attorney Penman pointed out that the letters for the sign ordinance were sent out late and were very misleading. He also stated that staff is unable to provide better information to the public regarding the sign ordinance. He stated that based on these circumstances, his office cannot enforce the ordinance to collect the fees. City Attorney Penman answered questions and recommended that a new ordinance be prepared and submitted to the Legislative Review Committee. The new ordinance would enable the City to identify the signs in bad condition and give appropriate notice to the owner of the sign. The City then would remove the sign and lien the property for the costs of removal. Following discussion, Council Member Maudsley made a motion, seconded by Council Member Estrada and unanimously carried, to direct the Director of Planning/Building Services not to take any further action on this sign ordinance and to instruct the City Treasurer not to collect any additional fees for the sign ordinance program. Council Member Maudsley made a motion, seconded by Council Member Estrada and unanimously carried, to refer the sign and sticker ordinance program to the Legislative Review Committee. Council Member Pope-Ludlam made a motion, Council Member Maudsley and unanimously carried, fees collected for the sign ordinance program. seconded by to return all The Council requested that when the proposed presented to the Legislative Review Committee, organizations be invited to attend the meeting. ordinance is the business 7 6/18/90 City Attorney Penman explained to the public the action taken relative to the sign ordinance. He further stated that the ordinance will not be enforced and a new ordinance will be established. The proposed ordinance will be reviewed by the Legislative Review Committee and the business organizations will be notified of the date and time of such meeting. In the meantime, no further fees will be collected. The City Administrator's Office was directed to to business organizations informing them of the Review Committee meeting. send letters Legislative WAIVE FURTHER READING OF RESOLUTIONS AND ORDINANCES Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas be waived. (6 ) COUNCIL MINUTES - MAY 21, 1990 Council Member Reilly made a motion, seconded by Council Member pope-Ludlam and unanimously carried, that the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on May 2l, 1990, be approved as submitted in typewritten form. (7) PERSONNEL ACTIONS Council Member Reilly made a motion, seconded by Council Member pope-Ludlam and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated June 5, 1990, in accordance with all administrative regulations of the City of San Bernardino, be approved. (9) CLAIMS AND PAYROLL Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the claims and payrolls, and the authorization to issue warrants as listed on the memorandum dated June 12, 1990, from the Director of Finance, be approved. (10) RECLASSIFY POSITION - PARKING CITATION COORDINATOR TO TYPIST CLERK III - FACILITIES MANAGEMENT In a memorandum dated June 4, 1990, Gordon Johnson, Personnel Director, stated that he had received a request from Wayne Overstreet, Director of Facilities Management, for reclassification of the Parking Citation Coordinator position to a Typist Clerk III position. The Parking Citation Coordinator is a single position classification, and due to the expansion of responsibilities in the Facilities Management Department, Mr. Overstreet felt he could better utilize a generalist position as 8 6/18/90 opposed to the technically oriented Parking Citation Coordinator position. No financial impact exists since both positions are paid the same. The Council Personnel Committee approved this reclassification and recommended full Council approval. (14) Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that one Parking Citation Coordinator position be deleted and one Typist Clerk III be added to the Facilities Management Department budget; and that the Director of Personnel be directed to prepare an amendment updating Resolutions 6433 and 6413, Section 10. CONSTRUCTION OF UNDERGROUND STORM DRAIN IN CHESTNUT AVENUE FROM CABLE CREEK TO VERDEMONT DRIVE AND DEBRIS BASIN NORTH OF VERDE MONT DRIVE - PUBLIC WORKS PROJECT NO. 90-07 - ADOPTION OF NEGATIVE DECLARATION & FINDING OF CONSISTENCY WITH GENERAL PLAN In a memorandum dated June 6, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that the negative declaration for Public Works Project No. 90-07 was recommended for adoption by the Environmental Review Committee. A 21-day public review period was afforded and no comments were received. One special mitigation measure is that an archaeological monitor shall be present during the initial excavation stages, in order that any cultural deposits encountered can be evaluated and appropriate data recovery/protection measures implemented if necessary. (15) Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the negative declaration and mitigation monitoring and reporting program of underground storm drain in Chestnut Avenue, from Cable Creek to Verdemont Drive, and debris basis north of Verdemont Drive, be adopted; and that a finding be made that the construction of underground storm drain in Chestnut Avenue from Cable Creek to Verdemont Drive and debris basin north of Verdemont Drive is consistent with the General Plan. FIVE YEAR CAPITAL IMPROVEMENT PROGRAM THROUGH 1993-94 PUBLIC WORKS PROJECT ADOPTION OF NEGATIVE DECLARATION & CONSISTENCY WITH THE GENERAL PLAN In a memorandum dated June 6, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that the negative declaration for Public Works Project No. 90-04 was recommended for adoption by the Environmental Review Committee. A 21-day public review period was afforded and no comments were received. (16) FY 1989-90 NO. 90-04 FINDING OF 9 6/18/90 Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the negative declaration for Public Works Project No. 90-04, Five Year Capital Improvement Program FY 1989/90 - 1993/94, be adopted; and that a finding be made that the Five Year Capital Improvement Program for FY 1989/90 - 1993/94 is consistent with the General Plan. CONSTRUCTION OF A BOX CULVERT AND STREET IMPROVEMENTS ON LYNWOOD DRIVE AT SAND CREEK - PUBLIC WORKS PROJECT NO. 90-18 - ADOPTION OF NEGATIVE DECLARATION & FINDING OF CONSISTENCY WITH THE GENERAL PLAN In a memorandum dated June 4, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that the negative declaration for Public Works Project No. 90-18 was recommended for adoption by the Environmental Review Committee. A 21-day public review period was afforded and no comments were received. (17) Council Member Reilly made a motion, seconded by Council Member pope-Ludlam and unanimously carried, that the negative declaration for Public Works Project No. 90-18, construction of a box culvert and street improvements on Lynwood Drive at Sand Creek, be adopted; and that a finding be made that the construction of a box culvert and street improvements on Lynwood Drive at Sand Creek is consistent with the circulation of the General Plan. RES. 90-219 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE CITY'S PARTICIPATION IN THE SHERIFF'S WORK SENTENCE PROGRAM. ( 21) RES. 90-220 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE DISPOSAL OF ANIMAL CARCASSES FROM STATE HIGHWAYS IN THE SAN BERNARDINO AREA. (22) RES. 90-221 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CALIFORNIA STATE DEPARTMENT OF EDUCATION, FOOD DISTRIBUTION SECTION FOR COMMODITIES DONATED BY THE AGRICULTURE MARKETING SERVICE FOR USE WITH THE CITY'S SUMMER FOOD SERVICE PROGRAM FOR CHILDREN DURING THE PERIOD OF JULY 2, 1990 THROUGH AUGUST 31, 1990. (24) Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam, that said resolutions be adopted. 10 6/18/90 Resolution Nos. 90-219, 90-220 and 90-221 were adopted by the following vote: Ayes: Counc il Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. RES. 90-222 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND CASA RAMONA, INC. TO PROVIDE FOR THE OPERATION OF A DROP-IN CENTER LOCATED AT 1524 WEST 7TH STREET, SAN BERNARDINO, CALIFORNIA. (25) Council Member Reilly made a motion, seconded by Council Member pope-Ludlam, that said resolution be adopted. Resolution Ayes: Council Ludlam, Miller. Absent: None. No. 90-222 was adopted Members Reilly, Flores, Noes: None. Abstain: by the following vote: Maudsley, Minor, Pope- Council Member Estrada. RES. 90-223 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1990-91 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 951, LANDSCAPING CONSTRUCTION AND MAINTENANCE DISTRICT, WAGONWHEEL ROAD AREA. (26) RES. 90-224 A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1990-91 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 952, LANDSCAPING CONSTRUCTION AND MAINTENANCE, STATE COLLEGE PARKWAY (UNIVERSITY PARKWAY) AREA. (27) RES. 90-225 A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1990-91 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 953, LANDSCAPING MAINTENANCE, SIXTEENTH STREET BETWEEN MEDICAL CENTER DRIVE (MUSCOTT STREET) AND CALIFORNIA STREET. (28) RES. 90-226 A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1990-91 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 956, LANDSCAPING MAINTENANCE, CARNEGIE DRIVE AREA. (29) RES. 90-227 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1990-91 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 959, LANDSCAPING MAINTENANCE, PORTIONS OF KENDALL DRIVE, SHAND IN HILLS DRIVE, "F" STREET, AND LITTLE MOUNTAIN DRIVE (SHANDIN HILLS AREA). (30) 11 6/18/90 RES. 90-228 A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1990-91 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 962, FOR THE MAINTENANCE OF A SEWER LIFT STATION IN THE AREA GENERALLY LOCATED EASTERLY OF PINE AVENUE AND SOUTHERLY OF BELMONT AVENUE, IN THE CITY OF SAN BERNARDINO. (31) Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam, that said resolutions be adopted. Resolution Nos. 90-223, 90-224, 90-225, 90-226, 90-227 and 90-228 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. RES. 90-229 - RESOLUTION OF THE CITY OF SAN CONFIRMING THE 1990-91 ASSESSMENT ROLL FOR DISTRICT NO. 963, FOR THE MAINTENANCE OF A STATION IN PORTIONS OF ALLEN STREET, NORTH AVENUE IN THE CITY OF SAN BERNARDINO. BERNARDINO ASSESSMENT SEWER LIFT OF CENTRAL (32) RES. 90-230 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1990-91 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 968, LANDSCAPING MAINTENANCE, AIRPORT DRIVE BETWEEN COMMERCENTER EAST AND COMMERCENTER WEST. (33) RES. 90-231 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1990-91 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 969, LANDSCAPING MAINTENANCE, IRVINGTON AND OLIVE AVENUE AREA. (34) RES. 90-232 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF LUGO AVENUE, BETWEEN 4TH STREET AND 5TH STREET AND RESERVING EASEMENTS FOR PUBLIC UTILITIES AND SANITARY SEWER THEREIN. (35) RES. 90-233 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 14252, LOCATED AT THE SOUTHEAST CORNER OF KENDALL DRIVE AND SHANDIN HILL CIRCLE, 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. (THE ANDEN GROUP) (36) 12 6/18/90 RES. 90-234 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 14253, LOCATED AT THE NORTHEASTERLY CORNER OF SHANDIN HILL CIRCLE AND SHANDIN HILL DRIVE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (THE ANDEN GROUP) (37) Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam, that said resolutions be adopted. Resolution Nos. 90-229, 90-230, 90-231, 90-232, 90-233 and 90-234 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Millers. Noes: None. Absent: None. RES. 90-235 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 14260, LOCATED AT THE NORTHWEST CORNER OF OHIO AVENUE AND OLIVE 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. (ONE FIFTY LIMITED PARTNERSHIP) (38) RES. 90-236 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 14261, LOCATED AT THE NORTHEAST CORNER OF OHIO AVENUE AND PALM 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. (ONE FIFTY LIMITED PARTNERSHIP) (39) RES. 90-237 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO ARROW POWER SWEEPING FOR PROVIDING SWEEPING SERVICES FOR CENTRAL CITY MALL SURFACE PARKING SPACES AND THREE-LEVEL PARKING STRUCTURE, AND APPROVING CONTRACT CHANGE ORDER NO. ONE. (40 ) RES. 90-238 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE 1989/90 TO 1993/94 CAPITAL IMPROVEMENT PROGRAM. (See also item 16) (42) RES. 90-239 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO H & H ENTERPRISES FOR THE FURNISHING AND DELIVERY OF WEED ABATEMENT SERVICES, TO BE UTILIZED BY THE PUBLIC SERVICE/REFUSE DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-91-02. (43) 13 6/18/90 RES. 90-240 A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 TO AGREEMENT FOR SEWER CONNECTION AND SEWAGE TREATMENT BETWEEN THE CITY OF SAN BERNARDINO, BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO AND JOHN C. HEERS DEVELOPMENT COMPANY, ADDING LOTS 4 AND 5 OF TRACT 10532-1 TO THE AGREEMENT. (44) Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam, that said resolutions be adopted. Resolution Nos. 90-235, 90-236, 90-237, 90-238, 90-239 and 90-240 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. ORD. MC-732 - 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. (FINAL) (45) Council Member Reilly made a Member Pope-Ludlam and unanimously be adopted. Ordinance MC-732 was adopted by the following vote: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Ludlam, Miller. Noes: None. Absent: None. motion, carried, seconded by Council that said ordinance Ayes: Pope- WAIVER OF STREET BANNER APPLICATION FEE CITY CO- SPONSORSHIP OF ELKS PARADE - JUNE 23, 1990 In a memorandum dated June 7, 1990, City Administrator Julian stated that on June 4, 1990, the Mayor and Council approved the co-sponsorship of the Elks Parade to be held on June 23, 1990. At the time the original request for co-sponsorship and waiver of attendant fees were approved, the issue of a street banner promoting the event had not been raised. The sponsors are now requesting that the $200 street banner application fee be waived as per Municipal Code Section 16.16.070. (11) Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, that the request for a waiver of the street banner application fee of $200 in connection with the City co- sponsorship Elks Parade on June 23, 1990, be approved. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Pope-Ludlam, Miller. Noes: Members Flores, Maudsley, Minor. Absent: None. Council Council 14 6/18/90 CO-SPONSORSHIP OF SOAP BOX DERBY & WAIVER OF FEES- JULY 14, 1990 In a memorandum dated June 7, 1990, City Administrator Julian provided information regarding the Inland Empire Soap Box Derby to be held on July 14, 1990. Insurance and other requirements are in order. The total cost being requested for waiver is $1,025. If the Mayor and Council wish to absorb these costs, it is recommended that the necessary funds be an expense against Account No. 001-092-53030, Nondepartmental, Special Projects. (12) City Administrator Julian answered questions regarding where the funds in the non-departmental account come from and the amount of funds available in this account. A discussion ensued regarding the amount of funds stipulated in the backup attached to the staff report relative to the use of Police staff. The Council also discussed the total cost for this event and the amount the Inland Empire Soap Box Derby would have to payout. It was pointed out that be refunded to the Inland barricades are returned. the $185 for barricade deposit will Empire Soap Box Derby when the Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, that the Inland Empire Soap Box Derby, July 14, 1990, be co-sponsored by the City as a promotional event; and that the police overtime costs, costs of barricade placement by Public works, and the cost of trash receptacle placement by the Public Services Department in the amount of $840, be funded from Account No. 001-092 Nondepartmental; and that the request from the sponsors of the Inland Empire Soap Box Derby that the refundable cost of barricade deposit in the amount of $185 be waived, be denied. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Pope-Ludlam, Miller. Noes: Members Flores, Maudsley, Minor. Absent: None. Council Council RECESS MEETING At 11:00 a.m., Mayor Pro Tempore Miller declared a ten- minute recess. RECONVENE MEETING At 11:10 a.m., Mayor Pro Tempore Miller 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. 15 6/18/90 ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tempore Miller; Council Members Estrada, Flores, Maudsley, Minor, Miller; Sr. Assistant City Attorney Barlow, City Clerk Clark, City Administrator Julian. Absent: Mayor Holcomb; Council Members Reilly, Pope-Ludlam. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY AND JOINT POWERS FINANCING AUTHORITY - REGULAR MEETING At 11:10 a.m., the Regular Meeting of the Community Development Commission and Joint Powers Authority was called to order by Chairman Miller in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. NEW FRONTIER COMMITMENT LETTER/DRAFT DDA NORTHWEST SHOPPING CENTER In a staff report dated June 18, 1990, Robert Temple, Acting Executive Director, Redevelopment Agency, stated that it appears that New Frontier will be successful in completing its obligations to attract a supermarket tenant at the northwest corner of Baseline Street and Medical Center Drive. New Frontier will submit the required development concepts within the amended time frames of their exclusive right to negotiate. The integrity of the UDAG is dependent upon continued, timely progress and it is critical that the Agency begin drafting a proposed development agreement. The final numbers will vary somewhat according to the size of the selected supermarket but drafting can start because staff has been negotiating a concept with the developer that will serve as a framework for final numbers when they are established. A letter of commitment from New Frontier sets forth the specific deal points for the proposed development agreement. (R-7A) COUNCIL MEMBERS REILLY AND POPE-LUDLAM RETURNED At 11:15 a.m., Council Members Reilly and Pope-Ludlam returned to the Council meeting and took their place at the council table. Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the Mayor and Common Council approve the recommended deal points for a development agreement with New Frontier, Inc. EXECUTION OF LOAN AGREEMENT - ACCEPTANCE OF A DEED OF TRUST FROM THE SAN BERNARDINO WATER DEPARTMENT - JOINT POWERS FINANCING AUTHORITY In a staff report dated June 13, 1990, Robert Temple, Acting Executive Director, Redevelopment Agency, requested approval for the Agency to loan to the Joint Powers Financing Authority the sum of $4,965,000 on June 18, 1990 in turn to be loaned to the San Bernardino Water Department for the purchase of property. The property, located in the Central Ci ty South 16 6/18/90 Project Area on Orange Show Road, will be purchased with tax increment funds from the Southeast Industrial Park Project Area, to be repaid by the Joint Powers Financing Authority when funds are received from the Water Department. The notes with the JPFA and with the Water Department are at an interest rate of 8 1/4% per annum with all principal and interest due and payable on June 18, 1991, and secured by a deed of trust. (R-8) Robert Temple, Acting Executive Director, Redevelopment Agency, explained the basis for the loan is that the Water Department does not have the $4,965,000 available for the purchase of property on Orange Show Road as a future site for use by the Water Department. RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY, AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. (R-8B) RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY APPROVING A LOAN OF $4,965,000 TO THE SAN BERNARDINO CITY WATER DEPARTMENT AND ACCEPTING A DEED OF TRUST FROM THE DEPARTMENT. (R-8C) Senior Assistant City Attorney Barlow informed the Council that since posting the agenda, the matter arose concerning a loan to the Water Department of $4,965,000 for purchase of property. He noted that the property would be in the name of the City, but the City would not be responsible for payment of the note. The Council discussed the circumstances involved in continuing this matter to the next Council meeting on June 25, 1990. The Council also questioned the availability of funds in the Water Department. Mr. Barlow stated that these resolutions can be continued to this afternoon to enable Mr. Temple to speak with Bernie Kersey, General Manager, Water Department, on the availability of funds in the Water Department. Council Member Reilly made a motion, seconded by Council Member Minor and carried unanimously, to continue the resolutions authorizing the execution of a loan to the Water Department to this afternoon. (See page 40) RES. 90-241 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CERTIFYING THE COMPLETION OF A FINAL ENVIRONMENTAL IMPACT REPORT FOR THE MT. VERNON CORRIDOR REDEVELOPMENT PROJECT. (R-9C) 17 6/18/90 RES. 90-242 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO FINDING THAT THE USE OF TAXES ALLOCATED FROM THE MT. VERNON CORRIDOR REDEVELOPMENT PROJECT FOR THE PURPOSE OF IMPROVING AND INCREASING THE COMMUNITY'S SUPPLY OF LOW AND MODERATE INCOME HOUSING OUTSIDE THE PROJECT AREA WILL BE OF BENEFIT TO THE PROJECT. (R-9D) RES. 90-243 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, OVERRULING ORAL OBJECTIONS AND ADOPTING FINDINGS AND RESPONSES TO WRITTEN OBJECTIONS TO THE REDEVELOPMENT PLAN FOR THE MT. VERNON CORRIDOR REDEVELOPMENT PROJECT AREA. (R-9E) Council Member Flores made a motion, seconded by Council Member Estrada, that said resolutions be adopted. Resolution Nos. 90-241, 90-242 and 90-243 were adopted by the following vote: Ayes: Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Abstain: Council Member Pope- Ludlam. Absent: None. ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING A REDEVELOPMENT PLAN FOR THE MT. VERNON CORRIDOR REDEVELOPMENT PROJECT AREA AS THE OFFICIAL REDEVELOPMENT PLAN FOR SAID PROJECT AREA. (R-9F) (FIRST) Council Member Flores Member Estrada, that said passage. made a motion, seconded ordinance be laid over by Council for final The motion Member Estrada, None. Abstain: carried by the following vote: Ayes: Council Reilly, Flores, Maudsley, Minor, Miller. Noes: Council Member Pope-Ludlam. Absent: None. RECESS MEETING At 12:12 p.m., Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the meeting be adjourned to the luncheon workshop in the Management Information Center, Sixth Floor, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING - LUNCHEON WORKSHOP At 12:35 p.m., Mayor Pro Tempore Miller called the luncheon workshop to order in City Hall in the Management Information Center, Sixth Floor, 300 North "D" Street, San Bernardino, California. 18 6/18/90 ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tempore Miller; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Mayor Holcomb. LUNCHEON WORKSHOP - 1990/91 This is the time and place finalizing the 1990/91 budget. BUDGET FINALIZATION set for a luncheon workshop (56 ) for Marshall Julian, City Administrator, outlined the budget presentations schedule for this luncheon workshop. Roger Hardgrave, Director of Public Works/City Engineer, explained the sewer construction fund and answered questions. He stated that in talking with the Finance Department, the third column entries with a zero balance are projects that to date no money has been spent and will be carried over to the next fiscal year. He also answered questions regarding projects being postponed and why they have not begun construction. Mr. Hardgrave spoke regarding the sewer siphons along the Santa Ana River wash and the problems encountered due to grease build up from the restaurants in the Hospitality Lane area, which requires frequent maintenance on the sewer lines. He explained that all restaurants should have a grease trap, that is properly maintained and functioning, to capture a majority of the grease before entering the sewer line. Discussion ensued regarding the increasing restaurants along Hospitality Lane and the amount left in the sewer lines because of this increase. number of of capacity Bernie Kersey, General the problems with the South often the industrial waste area. Manager, Water Department, outlined "E" Street siphon and explained how inspections are conducted in this Discussion ensued regarding the penalties for sewage spills. Mr. Kersey explained that there are two funds in the Water Department, one is the water fund and the other is the sewer fund. The water fund has a balance of $314,000 in the reserves and there is $16 million in the sewer fund for capital expansion. Police Department Budoet Dan Robbins, Chief of Pol ice, spoke regarding the expenditure of the Assessment District No. 994, street lighting and street sweeping funds if the district is approved. 19 6/18/90 Dan Robbins, Chief of Police, distributed a memorandum dated June 18, 1990, from Wayne Harp, Assistant Chief, outlining the $1,500,000 for additional police personnel and equipment and the $500,000 for police benefits which would occur with the adoption of the assessment district. The computer terminals Council discussed the Police Department's current system and available port capacity for additional to support additional police personnel. The Council discussed decreasing the response time for emergency calls. Shauna Clark, City Clerk, explained why the additional police personnel is being proposed through a street lighting and street sweeping assessment district. No action was taken. RECESS MEETING At 1:50 p.m., Mayor Pro Tempore Miller recessed the luncheon meeting 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 Miller Regular Meeting of the Mayor and Common Council Chambers of City Hall, 300 North "D" Street, California. reconvened the in the Council San Bernardino, ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tempore Miller; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Deputy City Attorney Empeno, City Clerk Clark, City Administrator Julian. Absent: Mayor Holcomb. APPEAL - BOARD OF BUILDING COMMISSIONERS' DECISION TO ORDER ABATEMENT OF WEEDS AND DEBRIS PROPERTY AT CALIFORNIA AND HIGHLAND AVENUE - POYU SU In a memorandum dated May 29, 1990, Manuel Moreno, Jr., Director of Public Services, stated that on November 10, 1989, a "Notice to Clean Premises" was mailed to Mr. poyu Suo The property was not cleaned within the ten days of the notice and a notice of non-compliance was mailed to Mr. Suo The City abated the weeds and debris at the property on California and Highland Avenue. The cost of the abatement was $2,138.80. Based on the evidence, the Board unanimously voted to assess the $2,138.80 against the property and ordered that a lien be placed on the property, if the assessment was not paid. (60) 20 6/18/90 Manuel Moreno Jr., Director of Public Services, gave the background relative to the appeal and presented copies of the weight tickets for trips to the landfill. DEPUTY CITY ATTORNEY EMPENO EXCUSED Deputy City Attorney Empeno was excused and was replaced by City Attorney Penman. Mr. poyu Su, owner of the property at California and Highland Streets, stated that he felt the cost for clean up of the property was much too high. He presented pictures of the premises before the clean up and after. He stated that he chose to use City forces for the clean up, because he did have enough time to find someone to do it, and did not think it would cost $2,138.80. City Attorney Penman referred to the letter sent from Mr. poyu Su authorizing the City to do the clean up. He pointed out that the City fee is higher in order to eliminate property owners from utilizing the City forces. If the fee were not higher than private industry, then property owners would use those services and the City would be cleaning the entire City. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the appeal of Mr. poyu Su relative to the assessment made by the Board of Building Commissioners with regard to the abatement of weeds and debris from property located at California and Highland Avenue be denied and the decision of the Board of Building Commissioners be upheld. PROPOSED VACATION OF A PORTION OF EDGEHILL ROAD, EAST OF LITTLE MOUNTAIN DRIVE - AUTHORIZATION TO PROCEED AND PLAN APPROVAL In a memorandum dated June 6, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that a request was received from the Edgehill Village Homeowners' Association through the Edgehill Management Corporation to vacate Edgehill Road, east of Little Mountain Drive. This request comes as a result of the murder of one of the property owners last December. Two hundred and seventy-six condominium unit owners were polled and 80% have agreed with the proposed vacation. The Edgehill Management Corporation has provided a street condition report that indicates an amount of approximately $3,300 needs to be spent in maintenance and repairs to the street prior to the completion of the street vacation. (61) 21 6/18/90 Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the proposed vacation of a portion of Edgehill Road, east of Little Mountain Drive be continued to the July 2, 1990 meeting in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. PUBLIC HEARING - DISCUSS RATE INCREASE FOR RESIDENTIAL AND COMMERCIAL REFUSE COLLECTION This is the time and place set for discussion and possible adoption of resolution increasing the rate for residential and commercial refuse collection. (46) RES. 90-244 - RESOLUTION OF THE CITY OF SAN BERNARDINO FIXING AND DETERMINING THE FEES AND CHARGES TO BE CHARGED FROM THE COLLECTION AND DISPOSAL OF REFUSE, AND REPEALING RESOLUTION NO. 89-255 AND AMENDMENTS THERETO, AND PROVISIONS FOR AUTOMATED RESIDENTIAL REFUSE COLLECTION. (46) Mayor Pro Tempore Miller opened the hearing. Mayor Pro Tempore Miller stated that the City must raise its refuse fees because of an arbitrary decision of the Board of Supervisors to raise the tipping fees to $21.00 a ton. Manuel Moreno, Jr., Director of Public Services, explained how much the refuse fees would be increased for residential and commercial and why the fees are being increased. The Council discussed the total budget needed to operate the Refuse Division. Manuel Moreno, Jr., answered questions regarding the feasibility of utilizing an outside contractor for maintenance of the refuse trucks to cut down operating costs. A discussion ensued regarding the ability to maintain the refuse fee at the present rate. Manuel Moreno answered questions regarding the refuse fee for mobile home units. A discussion ensued regarding the potential for an increase in the refuse fee next year. City Administrator Julian answered questions regarding the County increasing the surcharge for the County's vehicle abatement program, stating that the County did increase the environmental fee under which the vehicle abatement program is funded for unincorporated territories. 22 6/l8/90 Council Member Pope-Ludlam made Council Member Estrada and unanimously be closed. a motion, seconded by carried, that the hearing Council Member Reilly made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 90-244 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. CITY ATTORNEY PENMAN EXCUSED City Attorney Penman left the meeting and was replaced by Deputy City Attorney Empeno. APPEAL - PLANNING COMMISSION'S DENIAL OF VARIANCE NO. 89-3 CONSIDERATION OF REVIEW OF PLANS NO. 89-49- CONSTRUCTION OF A PARKING LOT WITHOUT PAVING- CONTINUED FROM DECEMBER 18, 1989 This is the time and place continued to for an appeal filed by Econo Lodge regarding Planning Commission's denial of Variance No. 89-3, construction of a parking lot without paving and review of plan 89-49 located at the northwest corner of Fairway Drive and Camino Real. (62) In a memorandum dated June 4, 1990, Larry Reed, Director of Planning/Building Services, stated that on December 18, 1989, the applicant, M. P. Rama, requested the Mayor and Council approve for a period of six months, a variance to enable construction of a parking lot, (Review of Plan No. 89-49), using slag instead of the required asphalt. The purpose of the temporary variance was to allow for installation of curb, gutter, driveway and landscaping improvements which is Phase I of the project. Phase II of the project, the asphalt paving, was to occur at the end of the six month period, after business had been increased which was to provide revenue to cover the expense of paving. Based on the recommendation of the City Attorney's office, rather than approve the variance for a six month period, the Mayor and Council continued the variance for the six months to allow the phased construction of the parking lot. Mayor Pro Tempore Miller opened the hearing. Larry Reed, Director of Planning/Building Services, gave the background of the appeal filed by Econo Lodge and referred to a letter dated June 13, 1990, addressed to the Mayor concerning a dedication of a fifteen foot drainage easement. Deputy City Attorney Empeno stated that the Attorney's Office is in opposition to granting a continuance. He stated that six months ago the Attorney's Office did recommend that this variance be continued to allow the applicant to show good faith effort in phasing the construction of the parking lot. To 23 6/18/90 this date that effort has not been shown. Therefore, Mr. Empeno recommended that the Planning Commission's decision be upheld. Pat Fussell, representative of JHM Inland Empire, Inc., Greenville, South Carolina, gave the history of problems encountered with the fifteen foot easement negotiations to enable the construction of the parking lot. He stated that the problems have been resolved and they are ready to construct the parking lot. Mr. Fussell answered questions regarding the type of material to be used to construct the parking lot. It was pointed out that the six month extension given on December 18, 1989, was to enable the company to construct the slag parking lot, but that construction was never done. COUNCIL MEMBER ESTRADA EXCUSED At 2:45 p.m., Council Member Estrada left the Council meeting. A discussion ensued regarding the number of extensions the applicant has received for the construction of the parking lot. City Attorney Penman explained to the Council that this is the second continuance that has been granted to this project and given the historical background, he recommended that another continuance should not be granted. Council Member Pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that the hearing be closed. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council meeting and took her place at the council table. A discussion ensued regarding requirements for the drainage easement. Council Member Flores made a motion, seconded by Council Member Maudsley, that the appeal be denied, and that Variance No. 89-3 be denied subject to the findings of fact contained in Attachment C. The motion carried by the following vote: Members Estrada, Reilly, Flores, Maudsley, Minor, Council Member Pope-Ludlam. Absent: None. Ayes: Council Miller. Noes: 24 6/18/90 APPEAL - CONDITIONAL USE PERMIT 86-26 AND TENTATIVE TRACT 13365 - 42 CONDOMINIUM UNITS - CONTINUED FROM DECEMBER 18, 1989 EAST SIDE OF DEL ROSA AVENUE, NORTH OF MARSHALL BLVD. This is the time and place continued to for an appeal filed by Darwin K. Pearson regarding Planning Commission's denial of extension of time for Conditional Use Permit 86-26 and Tentative Tract 13365 for development of 42 condominium units. (63) Larry Reed, Director of Planning/Building Services, explained that on June 4, 1990, the Mayor and Common Council considered a revised version of Conditional Use Permit No. 86-26. At that meeting the Mayor and Common Council approved the following action: 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. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the hearing be closed; and that the appeal be denied without prejudice. CONDITIONAL USE PERMIT NO. 89-5 - ADAMS ADVERTISING- REQUEST PERMISSION TO REMOVE BILLBOARD AT 237 EAST 5TH STREET - REPLACE WITH A 42 FOOT BILLBOARD ADJACENT TO 1-10 FREEWAY AT 464 EAST REDLANDS BOULEVARD - CONTINUED FROM APRIL 16, 1990 This is the time and place continued to for consideration of Conditional Use Permit No. 89-5, requested by Adams Advertising for permission to remove a billboard at 237 East 5th Street and replace with a 42 foot billboard adjacent to 1-10 Freeway at 464 East Redlands Boulevard. (64) Larry Reed, Director of Planning and Building Services, stated that a letter was received from Adams Advertising requesting a continuance to the meeting of August 20, 1990. Council Member Pope-Ludlam made a motion, seconded by Council Member Minor and unanimously carried, that Conditional Use Permit No. 89-5 removal of a billboard at 237 East 5th Street be continued to the meeting of August 20, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. APPEAL - CONDITIONAL USE PERMIT NO. 90-15 - SALE OF BEER AND WINE - MOHAMMAD KHAN - 804 W. HIGHLAND AVENUE This is the time and place set to hear an appeal filed by Mr. Mohammad Khan regarding Planning Commission's denial of Conditional Use Permit No. 90-15 for the sale of beer and wine for off-site consumption in an existing mini-market located at 804 West Highland Avenue. (65) 25 6/18/90 In a memorandum dated May 22, 1990, Larry Reed, Director, Planning/Building Services, stated that the staff report concluded that due to low concentration of off-sale alcohol licenses in the area, the below average crime statistics for the area and the conditions proposed by staff, that approval of C.U.P. No. 90-15 should not result in the detriment to the health, safety and general welfare of the residents in the area. However, the Planning Commission was concerned about the close proximity of the market to residents and schools, and that the existing problem of panhandling and loitering in the area would become aggravated by the granting of the C.U.P. Larry Reed, Director of Planning/Building Services, gave the background of the appeal for Conditional Use Permit 90-15. He also answered questions regarding the Police Department's approval of the sale of beer and wine for this mini-market. Mr. Reed stated that there are conditions that must be complied with to enable mini-markets to sell beer and wine. It was pointed out that in his letter of May 17, 1990, Mohammad Kahn, quoted Mr. Reed as saying that "due to the low concentration of off-sale alcohol licenses in this census tract, the below average crime statistics for the area, and the conditions proposed by staff, approval of C.U.P. 90-15 should not result in a detriment to the health, safety and general welfare of the residents in the area." Mr. Reed stated that this quote was taken from the staff report dated May 22, 1990. Steven Jameson, 9019 Sierra Way, Fontana, attorney representing Mr. Mohammad Kahn, asked the Council to approve the sale of beer and wine. He presented a petition containing 75 signatures supporting the sale of alcohol at this mini market. The Council discussed the fact that many of the signers on the petition did not reside in the immediate area of the mini- market. Mr. Jameson explained that the crime statistics indicated that the overall crime rate in this area is about 26% below the average, in which the ABC would allow up to seven licenses in the area and only five exist at the present time. Mr. Jameson stated that Mr. Mohammad Kahn is in agreement with any conditions set forth by the Police Department. The Council discussed imposing an additional condition recommending that the sale of beer and wine be reviewed in one year to see if the crime rate increases in this area. A discussion ensued regarding the sale of beer and wine in other major stores in the area. 26 6/l8/90 Barbara Fiori, 827 W. 23rd Street, San Bernardino, spoke in opposition to the sale of alcohol at the mini-market and stated that the protest is against the sale of alcohol, not against Mr. Kahn. Ms. Fiori outlined the number of crimes that have occurred in the area. She also presented a petition containing signatures of local residents opposed to the sale of beer and wine. Steve Nudor, 1265 Kendall Avenue, Apt. No. 305, San Bernardino, spoke in support of the sale of beer and wine at the mini-market. He stated that he previously managed a store next to Mr. Kahn's mini-market and that Mr. Kahn is a honest and responsible businessman and should be given the opportunity to compete with other stores in the area. Mike Esque, 789 W. 23rd Street, San Bernardino, spoke in opposition to the sale of beer and wine at this mini-market. He stated that just because the crime rate is low does not mean that the sale of beer and wine should be allowed. There Martinez, alcohol at time. was some discussion regarding whether or not Mr. who had previously testified against the sale of the mini-market was still opposed or in favor at this Council Member Minor made a motion, seconded by Council Member Estrada and unanimously carried, that the appeal of Conditional Use Permit No. 90-15 for the sale of beer and wine be continued to the meeting of July 2, 1990, 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. POLICY RELATIVE TO ARCHIVING VIDEO CASSETTE TAPES- COUNCIL MEETINGS In a memorandum dated June 12, 1990, Marshall Julian, City Administrator, stated that on June 4, 1990, the Mayor and Council referred the setting of a policy to archive video cassette tapes of Council meetings to the Legislative Review Committee. The Legislative Review Committee recommended approval of the policy to archive 3/4" master video cassette recordings of Council meetings for a period of five years after which said tapes would be recycled. (13) 27 6/18/90 Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that the City Attorney be instructed to prepare a resolution stating that all 3/4" master video cassette recordings of the City Council meetings produced by the Telecommunications Division be archived (stored) for a period of five (5) years, after which time they will be recycled; and that the responsibility for archiving said recordings remain with the Telecommunications Division. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. CONTRACT CHANGE ORDER NO. ONE SECURITY PATROL- PORTIONS OF HIGHLAND & ARDEN AREA - BLANKET SECURITY In a memorandum dated June 4, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that on March 21, 1990, Resolution No. 90-84 was adopted, awarding a contract for security services to Parker Protective Services and Investments Corp. dba Blanket Security within the boundaries of Assessment District No. 990 in the Highland and Arden area. The term of the contract was from April 8, 1990 through June 30, 1990. The special provisions provided that the contract may be extended for up to two one-year periods, by mutual consent of the City and the contractor. Contract Change Order No. One extends the term of the contract from July 1, 1990 through June 30, 1991. (18) CITY ATTORNEY PENMAN RETURNED City Attorney Penman returned to the Council meeting and replaced Deputy City Attorney Empeno. City Attorney Penman stated that there is a problem with this proposed change order. In effect, it is an extension of the agreement and the agreement can only be extended by amendment to the agreement. He further stated that there was to be additional work to be performed on the specifications under the original contract. Roger Hardgrave, Director of Public Works /Ci ty Engineer, answered questions regarding a continuance of this request for a change order. He stated that it should be continued to the June 25, 1990 meeting, because if continued to the July 2, 1990 meeting there would be a period in which there will not be any security services in this area as the contract expires on June 30, 1990. City Clerk Clark explained why a change order is being requested by Engineering and why the City Attorney is requesting that it be done by resolution. Either way, it accomplishes the same thing. 28 6/18/90 A discussion ensued regarding month instead of one year to allow of Public Works to resolve the resolution format. Roger termination patrol. extending the contract for one the City Attorney and Director issue of a change order or Hardgrave clause in answered questions regarding a 30-day the contract agreement for the security The Council discussed the crime rate in this Assessment District No. 990 area. Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the request for a change order for security patrol in Assessment District No. 990, be continued to later in the meeting to allow time to confer with the Chief of Police regarding the crime rate in this area and his possible concerns. (See page 36) ORDERS OF BOARD OF BUILDING COMMISSIONERS' MEETING OF JUNE 1, 1990 Council Member Maudsley made a motion, seconded Member Reilly, that the following BBC orders from the June 1, 1990, be filed: BBC 1383 BBC 1384 BBC 1385 BBC 1386 BBC 1387 BBC 1389 BBC 1390 BBC 1391 BBC 1392 BBC 1393 BBC 1394 BBC 1395 BBC 1396 BBC 1397 BBC 1398 BBC 1399 BBC 1400 BBC 1401 BBC 1402 BBC 1403 BBC 1404 BBC 1405 BBC 1406 BBC 1407 BBC 1408 Roy E. Byrne John Wright Church of God in Christ Alice Wilson Richardo Beltran Mejia New York Guardian Mtg. Corp. William P. Leamy Ignacio Ibarra Mendez Anna Dorthea Steele Mr. J. D. Keifer/ Beneficial Management Robert E. Weiss, Inc. Ping Chuan & Yii Cheng South Hills Mortgage Corp. c/o George Petrokowitz Johnny Cole, Jr. Michael & Suzanne Ludwikoski Clarence & Mary Wheeler Lizzie Tucker/Ruth Hinkle Ray Du Boc Ali Sara Harding/Richard Gill Co. A. Fulgieri/Nancy Guinan Roscoe Jackson Peter Savell/James La Peter Fred & Gail Valentine Anita Maltbie Nick Bobo 29 by Council meeting of (19) 345 Wabash 5194 Louise Street 955 W. 7th Street 881 North "G" Street 835 N. Mayfield 1311 N. Lugo 1383 W. Vine Street 1285 E. 39th Street 407 S. Arrowhead 537 W. Victoria 570 W. 9th Street 963 W. Highland 1602 N. "H" Street 2123 W. Lincoln 4495 N. Sepulveda 1165 N. Tiajuana 1348 N. Davidson 1260 W. Rialto 669 N. "G" Street 1379 N. Arrowhead #6 1731 Mallory 671 W. Temple 2012 N. "F" Street 778 N. Mt. Vernon 1199 Belleview 6/18/90 BBC 1409 BBC 1410 BBC 1411 BBC 1412 BBC 1413 BBC 1414 Enos Dennis Alexis & Elaine Tanner Elena Rodriguez Barush & Jo Anne Babai Ray F. Buchholtz Wai Vin Rangle Cha 943 N. Pennsylvania 372 W. 10th Street 1360 W. Victoria 2568 E. Piedmont Dr. 664 W. 10th Street 1263 N. Mt. Vernon The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: Council Member Pope-Ludlam. Absent: None. GEOLOGIC EVALUATION OF POTENTIAL LANDSLIDE AREAS - SAN MANUEL FIRE NORTH OF PATTON HOSPITAL GARY S. RASMUSSEN & ASSOCIATES In a memorandum dated May 30, 1990, Roger Hardgrave, Director, Public Works/City Engineer, stated that the U.S. Forest Service routinely prepares a Burn Area Report for every major fire. During the assessment of the report for the San Manuel Fire, the resource geologist for the U.S. Forest Service became concerned about potential stability problems for fire areas within the burn. This concern prompted the geologist to write a letter advising the City of the potential for landslides within these areas. This evaluation concludes, in part, that complete failure of these order slides is not expected, and recommended that a debris basin be provided for the central watercourse, generally along Bangor Street. (20) City Attorney Penman expressed his concerns regarding the geologic evaluation report of potential landslide areas. He stated that the plan to include a future debris basin in the Capital Improvement Program is not enough. The City needs to be aware that this leaves the City with a lot of exposure in the event of a disaster. The Council discussed glvlng the construction of a debris basin a higher priority and possible funding. Roger Hardgrave, Director of answered questions regarding the construction of the debris basin. Public amount Works/City Engineer, of funds needed for Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that the Director of Public works/City Engineer be directed to come back with cost estimates, financing plan and phasing program for the debris basin at the meeting of July 2, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 30 6/18/90 RES. 90-245 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENTS AND IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF PUBLIC NUISANCES. (BUILDING ABATEMENTS - 955 W. 7TH ST., 1684 W. 8TH ST., 570 W. 9TH ST., 1811 W. 9TH ST., 372 W. 10TH ST., 1944 W. 17TH ST., 407 S. ARROWHEAD AVE., 1379 N. ARROWHEAD AVE. #6, 1199 W. BELLEVIEW, 630 E. CENTRAL AVE., 1348 N. DAVIDSON AVE., 669 N. "G" ST., 1602-20 N. "H" ST., 963 W. HIGHLAND, 1031 S. LINCOLN, 2123 W. LINCOLN, 1306 N. LUGO, 1311 N. LUGO AVE., 1731 MALLORY ST., 778 N. MT. VERNON AVE., 1263 N. MT. VERNON AVE., 943 N. PENNSYLVANIA, 2568 E. PIEDMONT DR., 1260 W. RIALTO AVE., 4495 N. SEPULVEDA AVE., 671 W. TEMPLE, 1165 N. TIAJUANA ST., 537 W. VICTORIA AVE., 1360 W. VICTORIA, 1383 W. VINE ST., 345 WABASH). (23) Council Member Maudsley made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 90-245 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: Council Member Pope-Ludlam. Absent: None. RES. 90-246 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MENTONE TURF SUPPLY FOR MAINTENANCE OF LANDSCAPING IN CENTRAL CITY MALL, AREAS ADJACENT TO CITY HALL, CENTRAL CITY WEST, ANIMAL SHELTER, "E" STREET MEDIAN, SECOND STREET MEDIAN, "E" STREET BEAUTIFICATION, CENTRAL LIBRARY, THIRD AND FOURTH STREET MEDIANS, POLICE DEPARTMENT, SENIOR CITIZENS CENTER AND STURGES AUDITORIUM. (41) Council Member Flores made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 90-246 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council meeting. PROTEST HEARING - PROPOSED STREET VACATION - A PORTION OF 5TH STREET BETWEEN DALLAS AVENUE & MERIDIAN AVENUE This is the time and place set for a protest hearing regarding a proposed vacation of 5th Street between Dallas Avenue and Meridian Avenue. (47) 31 6/18/90 In a memorandum dated June 12, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that he had received a request from Mr. Hsu Hao-Shih, the owner of property located on 5th Street, between Dallas Avenue and Meridian Avenue to vacate a portion of 5th Street. This portion of 5th Street separates two areas of Mr. Hao-Shih' s property which he would like to develop. It is a "paper street" and does not exist on the ground. No other property owners are affected by this proposal. Mayor Pro Tempore Miller opened the hearing. No protests were received. Council Member Flores 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, as to why that certain portion of 5th Street between Dallas Avenue and Meridian Avenue is no longer necessary for street purposes, be adopted. PUBLIC HEARING - ENHANCED SECURITY IN THE DOWNTOWN AREA This is the time and place set for a public hearing for discussion of enhanced security in the downtown area. (48) Council Member Estrada made a motion, seconded by Council Member Minor, that the public hearing relative to enhancing security in the downtown area be continued to the meeting of July 16,1990. The motion carried by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Abstain: Council Member Miller. Absent: Council Member Reilly. COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council meeting and took his place at the council table. RES. 90-247 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 QUESTIONS OF LEVYING SUCH SPECIAL TAX. (Continued from June 4, 1990) (49) 32 6/18/90 RES. 90-248 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 June 4, 1990) (49) Council Member Minor made a motion, seconded by Council Member Flores, that said resolutions be adopted. Resolution following vote: Maudsley, Minor, None. Nos. 90-247 and 90-248 were Ayes: Council Members Estrada, Pope-Ludlam, Miller. Noes: adopted Reilly, None. by the Flores, Absent: COUNCIL MEMBER FLORES EXCUSED Council Member Flores 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 1080 EAST NINTH STREET. (Continued from June 4, 1990) (50) Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that the resolution authorizing an agreement with Ed Leonelli and Dominique Morel relating to semi-annual payments on the cost of undergrounding utilities be continued to the meeting of July 2, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 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. (Continued from June 4, 1990) (51) Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that said ordinance to require landscaping prior to issuance of a certificate of occupancy for buildings vacant more than 180 days be continued to July 2, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.36 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO VEHICLE ABATEMENT. (52) 33 6/18/90 Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that said ordinance relating to vehicle abatement be continued to July 2, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER FLORES RETURNED Council Member Flores returned to the Council meeting and took his place at the council table. EXEMPTION FOR LOW INCOME HOTEL/MOTEL RESIDENTS In a memorandum dated June 1, 1990, Shauna Clark, City Clerk, stated that when the Mayor and Council removed the transient occupancy tax exemption, staff was instructed to find a method for granting exemptions for low income permanent (more than 30 days) residents. A survey revealed that the average room rental rate is $600.00 per month which indicates that a significant number of permanent residents are paying more for a hotel/motel room than the market rate for apartments and also indicated that many permanent hotel/motel residents are not low income. If the City chooses to exempt low income persons from the 10% transient occupancy tax, the City will be condoning the use of motels for permanent occupancy which is not permitted under the Building Code. To resolve the issue, it is recommended that hotels/motels be allowed to grant exemptions if they will meet Planning and Building Services requirements for type R-l occupancy and if the owner screens low income persons based upon criteria that will be set forth in the ordinance prepared by the City Attorney. (53) Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that the exemption for low income hotel/motel residents be referred to the Legislative Review Committee. CREDITS FOR LAND AND IMPROVEMENTS DEDICATION - IN LIEU OF PAYMENT OF PARK CONSTRUCTION FEES - CENTURY HOMES COMMUNITY - TRACTS 14110 AND 14319 - CONTINUED FROM JUNE 4, 1990 This is the time and place continued to for consideration of reimbursement of paid fees for land and improvements dedication in lieu of payment of park construction fees from Century Homes Communities for Tracts 14110 and 14319 located at Harwick Drive and Weir Road. (54) In a memorandum dated May 1, 1990, Annie Ramos, Director of Parks, Recreation and Community Services, stated that Century Homes Communities, developer of Whispering Glen, a residential housing area located in the vicinity of Harwick Drive and Weir Road, have requested that in lieu of payment of park construction 34 6/18/90 fees for Tracts 14110 and 14319, they be allowed to develop and dedicate a 3.24 acre park, to be located directly across Harwick Drive from Colony Park, a 3.4 acre site. Municipal Code Section 15.56.080 provides that the Mayor and Council may grant credit for land and improvements which are dedicated in fee to public recreation and park purposes. Mr. Bob Diehl of Century Homes, stated that he is confused as to why there is a need for an agreement. He stated that the land has been dedicated to the public as a park site and all the approval process has been completed. The issue now is whether or not Century Homes can get the park construction fees waived since the park site has been dedicated to the City. Mr. Diehl summarized how much money has been spent for construction of the park site and the status on completing the park. City Administrator Julian explained that the purpose of the agreement is to ensure that at the time the funds are refunded and the City accepts the park, that all parties are satisfied with the exchange. The Council requested that Annie Ramos, Director of Parks, Recreation and Community Services, be asked to come to the Council meeting to apprise the Council on what has occurred thus far with Century Homes. (See item following roll call) RECESS MEETING At 4:25 p.m., Mayor Pro Tempore Miller declared a ten minute recess. RECONVENE MEETING At 4:38 p.m., Mayor Pro Tempore Miller Regular Meeting of the Mayor and Common Council Chambers of City Hall, 300 North "D" Street, California. reconvened the in the Council San Bernardino, ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tempore Miller; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Mayor Holcomb. CREDITS FOR LAND AND IMPROVEMENTS DEDICATION - IN LIEU OF PAYMENT OF PARK CONSTRUCTION FEES - CENTURY HOMES COMMUNITY - TRACTS 14110 AND 14319 - CONTINUED FROM JUNE 4, 1990 - DISCUSSED EARLIER IN THE MEETING This is the time and place continued to for consideration of reimbursement of paid fees for land and improvements dedication in lieu of payment of park construction fees from Century Homes Communities for Tracts 14110 and 14319 located at Harwick Drive and Weir Road. (54) 35 6/18/90 Annie Ramos, Director of Parks, Recreation and Community Services, briefed the Council on the status of the park site and the negotiations that have taken place with Century Homes. Ms. Ramos also answered questions regarding the waiving of the additional park construction fees. She pointed out that there is a punch list containing some minor corrections that need to be addressed at the park site prior to waiving the fees. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. Council Member Maudsley made a motion, seconded by Council Member Estrada and unanimously carried, that Century Homes Communities' request for credits for land and improvements dedication in lieu of payment of park construction fees for Tracts 14110 and 14319 be approved contingent upon the execution of an agreement setting forth those conditions by which the park will be built; and that the Director of Parks, Recreation and Community Services be directed to prepare said agreement for approval/execution by the City and Century Homes. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the reimbursement of Century Homes Communities of previously paid park construction fees in the amount of $80,353.20 be approved upon the execution of the agreement to dedicate an improved park facility for Tracts 14110 and 14319. It was pointed out that an amended agreement with resolution will be brought back to Council for approval. Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, to waive park construction fees in the amount of $29,205.46 for Phase IV of Tracts 14110 and 14319 Century Homes. CONTRACT CHANGE ORDER NO. ONE SECURITY PATROL- PORTIONS OF HIGHLAND & ARDEN AREA - BLANKET SECURITY- DISCUSSED EARLIER IN THE MEETING This is the time and place continued to for discussion of contract Change Order No. One, extension of contract for a one- year period. The contract provides security patrol in portions of the Highland and Arden area in Assessment District No. 990. (See also page 28 & 29) (18) City Attorney Penman stated that he spoke to Chief Robbins regarding the security services provided for the Highland and Arden area and that Chief Robbins indicated that he is satisfied 36 6/18/90 with the security services presently being provided. Mr. Penman recommended that the matter be continued to the meeting of June 25, 1990. Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that extension of the contract for security patrol in portions of the Highland and Arden area be continued to June 25, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. FUNDING UPGRADE This is funding the upgrade. CITY'S PORTION OF DELMANN HEIGHTS WATER SYSTEM - CONTINUED FROM JUNE 4, 1990 the time and place continued to for City's portion of Delmann Heights discussion of water system (55) In a memorandum dated April 20, 1990, Mayor Holcomb stated that in 1984, 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, Water Department, stated that the Water Department had 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. A full accounting of those costs was attached to the memorandum. City Administrator Julian stated that CDBG funding or 20% set aside funds are being considered for the payment of the City's portion of the Delmann's Heights water system upgrade. Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the City Administrator be directed to identify appropriate funding sources for payment of the City's share of incorporating the Delmann Heights water service facilities into the City's water system. APPEAL - BOARD OF BUILDING COMMISSIONERS' DECISION TO ORDER ABATEMENT OF INOPERABLE VEHICLES 1490 WEST VICTORIA KENNETH W. NYDAM, ATTORNEY REPRESENTING ROSCOE SAPP In a memorandum dated May 25, 1990, Wayne Overstreet, Director of Facilities Management, stated that he had received a complaint regarding abandoned vehicles located at 1490 West Victoria Street. The owner, Rosco Sapp, was given a five day courtesy notice requesting the abatement of the fourteen vehicles. On January 29, 1990, a letter was received from the law office of Sprague, Tomlinson and Nydam, asking for dismissal 37 6/18/90 of this abatement, based upon an earlier inspection by the Fire Marshal. The property was inspected again on February 1, 1990, and there was no indication of any action being taken to abate these vehicles, therefore, Mr. Sapp was given a ten day notice of intention to abate the vehicles and/or parts thereof as a public nuisance. (57) City Clerk Clark stated that the attorney representing the appellant was not able to be present and has requested a continuance. Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the appeal of the Board of Building Commission's Order No. 90-VAP-I025-01 for abatement of inoperable vehicles at 1490 West Victoria be continued to July 2, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. PERMIT TO USE PARKING LOT AT PERRIS HILL PARK ON 21ST STREET, EAST OF FLOOD CONTROL CHANNEL In a memorandum dated May 30, 1990, Annie Ramos, Director of Parks, Recreation and Community Services, stated that the parking lot at Perris Hill Park located on 21st Street on the eastside of the flood control channel was closed by action of the City Council in 1979. This action was a result of a recommendation by the Parks and Recreation Commission due to reports of problems in the parking lot. Due to additional activities in this area, the parking lot has been heavily impacted and has caused demand on the parking lot exceeding its capacity. The Parks and Recreation Commission endorsed the reopening of the east parking lot on a controlled basis. The parking lot would be opened during special events, reservation of the group picnic area or heavy use days. Access to the lot would be controlled by staff. (58) Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the Parks, Recreation and Community Services Department be authorized to permit use of the 21st Street parking lot east of the Flood Control Channel at perris Hill Park on a controlled basis. AGREEMENT WITH PERS RELEASE OF 1959 SURVIVOR BENEFITS, ASSETS AND LIABILITIES INTO THE THIRD LEVEL 1959 SURVIVOR BENEFIT POOL In a memorandum dated May 30, 1990, Gordon Johnson, Director of Personnel, stated that on April 2, 1990, the Mayor and Council adopted Resolution 90-106 providing that the City would amend its contract with the Public Employees' Retirement System (PERS) to add the 1959 Survivor Benefits to members of the fire safety unit. This benefit provides monthly allowances to certain survivors of a member who dies before retirement. The agreement, resolution and ordinance are required to amend the PERS contract. (59 ) 38 6/18/90 City Administrator Julian explained that this is an amendment to the PERS contract which is to authorize the 1959 survivor benefits into the third level. RES. 90-249 - RESOLUTION OF INTENTION OF THE CITY OF SAN BERNARDINO TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO. ORDINANCE OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE MAYOR AND COMMON COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be adopted; that the Mayor be authorized to sign the agreement authorizing the release of 1959 survivor benefits, assets and liabilities into the third level 1959 survivor benefit pool; and that said ordinance be laid over for final adoption on July 16, 1990. Resolution No. 90-249 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. RES. 90-250 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 62 OF LOCAL AGENCY FEDERAL-AID SAFETY IMPROVEMENT PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION. (Del Rosa Drive & 9th Street) (S-3) Council Member Reilly made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 90-250 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. RESOLUTION OF THE CITY OF SAN BERNARDINO STATING THE INTENT OF THE MAYOR AND COMMON COUNCIL FOR THE USE OF TWENTY PERCENT OF THE REVENUES OF THE TRANSIENT OCCUPANCY TAX. (S-4) 39 6/18/90 Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the resolution for use of twenty percent of the revenues of the transient occupancy tax be referred to the Legislative Review Committee. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. RES. 90-251 - RESOLUTION OF CITY OF SAN BERNARDINO AWARDING A CONTRACT TO FONTANA PAVING, INC. FOR REHABILITATION OF PAVEMENT ON MT. VERNON AVENUE, FROM GRANT AVENUE TO SECOND STREET. (S-5) Council Member Flores made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 90-251 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. CITY ATTORNEY PENMAN EXCUSED City Attorney Penman left replaced by Senior Assistant City the Council meeting Attorney Barlow. and was EXECUTION OF LOAN AGREEMENT - ACCEPTANCE OF A DEED OF TRUST FROM THE SAN BERNARDINO WATER DEPARTMENT- DISCUSSED EARLIER IN MEETING This is the time and place continued to for authorization to execute a loan agreement and acceptance of deed of trust from the San Bernardino Water Department. (See page 17) (R-8) Mr. Robert Temple, Acting Executive Director, Redevelopment Agency, explained that this was continued to confer with the Water Department on the availability of funds. Senior Assistant City Attorney Barlow explained that a promissory note and deed of trust to secure the loan from the Joint Powers Authority to the Water Department arose subsequent to the posting of the agenda and recommended that the Council determine by a 5/7 vote that this is as an emergency item. Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that the promissory note and deed of trust to secure a loan for $4,965,000 for purchase of property on Orange Show Road from the Joint Powers Financing Authority to the Water Department be considered as an emergency item. 40 6/18/90 J-13 - RESOLUTION OF THE SAN BERNARDINO JOINT POWERS AUTHORITY, AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. (R-8B) J-14 - RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY APPROVING A LOAN OF $4,965,000 TO THE SAN BERNARDINO CITY WATER DEPARTMENT AND ACCEPTING A DEED OF TRUST FROM THE DEPARTMENT. (R-8C) Council Member Minor made a motion, seconded by Council Member Maudsley, that said resolutions be adopted. Resolution Nos. J-13 and J-14 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the Joint Powers Financing Authority authorize the promissory note secured by deed of trust and the deed of trust with assignment of rent in the amount of $4,965,000 to the Water Department. JOINT POWERS FINANCING AUTHORITY - REGULAR MEETING Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that the regular meeting of the Joint Powers Financing Authority be adjourned to July 16, 1990. (8) ADJOURNMENT At 5:00 p.m., Council Member Minor made a motion, seconded by Council Member Estrada and unanimously carried, that the meeting be adjourned to 9:00 a.m., Monday, June 25, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (66) SHAUNA CLARK City Clerk By ~/7!i~{J/lrI-Nh;}{1J Deputy City Clerk No. of Items: 83 No. of Hours: 8 1/2 41 6/18/90