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HomeMy WebLinkAbout07-16-1990 Minutes City of San Bernardino, California July 16, 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, July 16, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman, Deputy City Clerk Medina, City Administrator Edwins. Absent: Council Members Estrada, Pope-Ludlam. 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; 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 f. to confer with the attorney regarding Ii tigation pursuant to Government Code 54956.9(c), so that CounCil/Commission may whether to initiate litigation; pending Section decide 1 7/16/90 g. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section 54956.9(a) as follows: City of San Bernardino vs. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239193; Stubblefield Construction Company. et al vs. City of San Bernardino. et al - San Bernardino Superior Court Case No. 232998; San Bernardino Superior Court Case No. 252058; Sock Dawson. et al vs. Ci tv of San Bernardino. et al- United States District Court Case No. SA 88-461 AHS (RWRx); Reynolds vs. City of San Bernardino Superior Court Case No. 248752; San Bernardino Save San Bernardino vs. City of San Bernardino San Bernardino Superior Court Case No. 250425; Citv of Redlands vs. Inland Vallev Development Aqency, et al - San Bernardino Superior Court Case No. 255222; Haslam vs. City of San Bernardino. et al - San Bernardino Superior Court Case No. 250949; Citv of San Bernardino vs. Deukmeiian. et al San Bernardino Superior Court Case No. 256623; Jov Reynolds vs. Citv John Hancock Life Insurance companv: John Hancock Financial Services: City of San Bernardino: Blue Shield of California: Health Marc Inc.: the Board of Administration of Public Employees Retirement Svstem: DOES 1-100 - Los Angeles Superior Court Case No. BC 002117 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: Holcomb; Council Members Reilly, Flores, Maudsley, Minor, City Attorney Penman, City Administrator Edwins. Absent: Members Estrada, pope-Ludlam, Deputy City Clerk Medina. Mayor Miller; Council READING OF RESOLUTIONS AND ORDINANCES Deputy City Clerk Medina read the titles of all the resolutions and ordinances on the regular, supplemental and Community Development Commission agendas. 2 7/16/90 COUNCIL MEMBER At 8:40 a.m., closed session. POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the COUNCIL MEMBER ESTRADA ARRIVED At 8:45 a.m., Council Member Estrada arrived at the closed session. DEPUTY CITY CLERK MEDINA ARRIVED Deputy City Clerk Medina arrived at the closed session. MAYOR HOLCOMB EXCUSED At 9:15 a.m., Mayor Holcomb left the closed session and Council Members assumed duties of Mayor Pro Tempore. ADJOURN CLOSED SESSION At 9 :20 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 9:30 a.m., Mayor Holcomb called the Regular Meeting of the Mayor and Common Council to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, Deputy City Clerk Medina, City Administrator Edwins. Absent: None. PRESENTATION - YOUTH TO YOUTH CONFERENCE - DRUG AWARENESS Carl Neumeister stated that over 100 students participated in the Youth to Youth Conference on drug awareness held July 4-8, 1990, at pepperdine University in Malibu, California. Mr. Neumeister spoke regarding the program and thanked the Council for its support. (4) Rachel Krasney, Assistant to the Mayor, read the names of the students who participated in the Youth to Youth Conference. Mayor Holcomb presented each student a certificate for participating in the conference. Several students spoke regarding their experience at the conference and explained how the conference educated them on the problems DRUGS can cause. Several of the students stated that the conference showed them how to trust one another. 3 7/16/90 INVOCATION The invocation was given by Phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Miller. PRESENTATION - COL. BROOKE P. BAILEY - NORTON RETIREMENT Phil Arvizo, Executive Assistant to the Council, read a resolution commending Col. Brooke Bailey on his retirement from Norton Ai:- Force Base. The resolution commended Col. Bailey for his outstanding accomplishments and many years of dedicated service to the United States Air Force. (4) Col. Bailey was present to accept the resolution of commendation from Mayor Holcomb. PRESENTATION - JACKIE L. BUNN - NORTON RETIREMENT Phil Arvizo, Executive Assistant to the Council, read a resolution commending Ms. Jackie L. Bunn upon her retirement, and for her many years of service to Norton Air Force Base and to the City of San Bernardino. (4) Ms. Jackie Bunn was present to accept the resolution of commendation from Mayor Holcomb. APPOINTMENT - CARL WAELDER - CIVIL SERVICE COMMISSION Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, to approve the appointment of Carl Waelder, 3288-C Little Mountain Drive, San Bernardino, to the Civil Service Commission. (4) APPOINTMENT - PAT TYLER - CIVIL SERVICE COMMISSION Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, to approve the appointment of Pat Tyler, 2675 W. Second Street, San Bernardino, to the Civil Service Commission. (4) SERVICE PIN AWARD CEREMONY Lorraine Velarde, Executive Assistant to the Mayor, read the names of employees receiving service pin awards. (5) Each employee received a service pin from Mayor Holcomb in gratitude of his/her many years of dedicated service to the City. PRESENTATION - POLICE DEPARTMENT'S NEW SLOGAN "GANGS + DOPE = NO HOPE" - BANNER ON "E" STREET BRIDGE Dan Robbins, Police Chief, spoke regarding a new program the San Bernardino Police Department will be incorporating dealing with the gang and drug problems. He stated that several months ago he had received a letter from the Ontario Chief of Police explaining a new program dealing with the gang and drug problems 4 7/16/90 in the City of Ontario. The slogan for this program is called "Gangs + Dope = No Hope". Chief Robbins stated the City of San Bernardino Police Department has agreed to use the same slogan at presentations in the community. (4) The Council Members were presented slogan and Chief Robbins urged the Council pins. pins containing the Members to wear these Chief Robbins stated that a generous donation had been received from the Fraternal Order of Eagles No. 506 to assist in funding the program. Chief Robbins presented a plaque of appreciation for the contribution to President, Harry Toor and Auxiliary Ma' am President Martha Quade. He also presented a plaque of appreciation to Linda Roberts, Crime Specialist, Ontario Police Department, for the support and coordinated effort she has given to the San Bernardino Police Department. PUBLIC COMMENTS There were no public comments. ( 3) WAIVE FURTHER READING OF RESOLUTIONS AND ORDINANCES Council Member Miller made a motion, seconded by Council Member Estrada 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 - JUNE 11, 1990 & JUNE 16, 1990 Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that the minutes of the meetings of the Mayor and Common Council of the City of San Bernardino held on June 11, 1990 and June 16, 1990, be approved as submitted in typewritten form. (7) JOINT POWERS FINANCING AUTHORITY REGULAR MEETING Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that the regular meeting of the Joint Powers Financing Authority be adjourned to August 20, 1990. (8) CIVIC AND PROMOTION FUND ASSISTED ACTIVITIES In a memorandum dated July 10, 1990, Fred Wilson, Assistant to the City Administrator, stated that in order to standardize the procedures relative to applying for financial assistance from the Civic and Promotion Fund, a format process was approved by the Ways and Means Committee, and is recommended for adoption by the Mayor and Common Council. (10) Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that the procedures relative to applying for financial assistance from the Civic and Promotion fund, as detailed in the attached staff report, be approved. 5 7/16/90 VACATION OF A NORTH/SOUTH ALLEY, WEST OF WATERMAN AVENUE BETWEEN ALEXANDER AND 27TH STREET - NEGATIVE DECLARATION - FINDING OF CONSISTENCY In a memorandum dated June 8, 1990, Roger Hardgrave, Director, Public Works/City Engineer, stated that the negative declaration for Public Works Project No. 90-23 was recommended for adoption by the Environmental Review Committee at its meeting of May 24, 1990. A 21-day public review period was afforded and no comments were received. (14) Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that the negative declaration for Public Works Project No. 90-23, vacation of a north/south alley west of Waterman Avenue and between Alexander Avenue and 27th Street be adopted; and that a finding be made that the vacation of a north/south alley west of Waterman Avenue and between Alexander Avenue and 27th Street is consistent with the circulation element of the General Plan. CLAIMS AND PAYROLL Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that the claims and payrolls, and the authorization to issue warrants as listed on the memorandum dated July 2, 1990, from the Director of Finance, be approved. (15) PERSONNEL ACTIONS Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated July 6, 1990, in accordance with all administrative regulations of the City of San Bernardino, be approved. (16) RES. 90-289 - RESOLUTION OF THE RELATING TO PROCEDURE FOR PARTICIPATION IN THE REMOVAL APPROACHES AND INFILLING OF RECONSTRUCTION OF CURB, GUTTER THE PUBLIC RIGHT-OF-WAY. CITY OF SAN BERNARDINO CITY-PROPERTY OWNER OF EXISTING DRIVEWAY CURB DEPRESSIONS AND AND SIDEWALKS LOCATED ON (17) RES. 90-290 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 84-494 ENTITLED IN PART "RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR THE ACQUISITION OF FEDERAL SURPLUS PROPERTY FROM THE CALIFORNIA STATE AGENCY. . ", AS AMENDED BY RESOLUTION NO. 89-483, TO SUBSTITUTE SHAUNA EDWINS FOR MARSHALL W. JULIAN. (18) 6 7/16/90 RES. 90-291 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A SMALL BUSINESS LOAN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND T & A MEATS AND PROVISIONS. (243 South "I" St.) (20) RES. 90-292 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YOUNG MEN'S CHRISTIAN ASSOCIATION. (21) RES. 90-293 AUTHORIZING DEVELOPMENT CITY OF SAN AGING, INC. - RESOLUTION OF THE CITY OF SAN BERNARDINO AND DIRECTING THE EXECUTION OF A COMMUNITY BLOCK GRANT FUNDING AGREEMENT BETWEEN THE BERNARDINO AND HIGHLAND DISTRICT COUNCIL ON (22) RES. 90-294 AUTHORIZING DEVELOPMENT CITY OF SAN - RESOLUTION OF THE CITY OF SAN BERNARDINO AND DIRECTING THE EXECUTION OF A COMMUNITY BLOCK GRANT FUNDING AGREEMENT BETWEEN THE BERNARDINO AND FRAZEE COMMUNITY CENTER. (23) RES. 90-295 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND GREATER SAN BERNARDINO AREA SPECIAL OLYMPICS. (24) Council Member Miller made a motion, seconded by Council Member Estrada, that said resolutions be adopted. Resolution Nos. 90-289, 90-290, 90-291, 90-292, 90-293 90- 294 and 90-295 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope- Ludlam, Miller. Noes: None. Absent: None. RES. 90-296 AUTHORIZING DEVELOPMENT CITY OF SAN Services) - RESOLUTION OF THE CITY OF SAN BERNARDINO AND DIRECTING THE EXECUTION OF A COMMUNITY BLOCK GRANT FUNDING AGREEMENT BETWEEN THE BERNARDINO AND ROLLING START, INC. (Deaf (25) RES. 90-297 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ROLLING START, INC. (Helpline) (26) 7 7/16/90 RES. 90-298 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND FIRST FUND OF CHILDREN'S RESOURCES. (27) RES. 90-299 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MEADOWBROOK AMATEUR BOXING ACADEMY, INC. (Gym Equipment; Instruction, etc.) (28) RES. 90-300 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN 'fHE CITY OF SAN BERNARDINO AND MEADOWBROOK AMATEUR BOXING ACADEMY. (Construction of Facility) (29) RES. 90-301 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE BOYS AND GIRLS CLUB OF SAN BERNARDINO. (Security System, Pool Chlorination System, etc.) (30) Council Member Miller made a motion, seconded by Council Member Estrada, that said resolutions be adopted. Resolution Nos. 90-296, 90-297, 90-298, 90-299, 90-300 and 90-301 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. RES. 90-302 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE BOYS AND GIRLS CLUB OF SAN BERNARDINO. (Education Programs) (31) RES. 90-303 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE JUNIOR ALL AMERICAN FOOTBALL LEAGUE. (32) RES. 90-304 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INLAND MEDIATION BOARD. (33) 8 7/16/90 RES. 90-305 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BETHLEHEM HOUSE PROJECT, INC. (34) RES. 90-306 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND EASTER SEAL SOCIETY/INLAND AREA HEAD INJURY SUPPORT PROGRAM. (35) RES. 90-307 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND OFFICE OF AGING/CATHOLIC CHARITIES. (36) RES. 90-308 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND STURGES FOUNDATION CENTER FOR THE FINE ARTS. (37) RES. 90-309 - RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES (ABANDONED VEHICLES) ON SAID PROPERTIES. (38) Council Member Miller made a motion, seconded by Council Member Estrada, that said resolutions be adopted. Resolution 307, 90-308 and Council Members Ludlam, Miller. Nos. 90-302, 90-303, 90-304, 90-305, 90-306, 90- 90-309 were adopted by the following vote: Ayes: Estrada, Reilly, Flores, Maudsley, Minor, Pope- Noes: None. Absent: None. RES. 90-310 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413, SECTION TEN, ENTITLED IN PART, "A RESOLUTION ESTABLISHING A BASIC COMPENSATION PLAN . "; BY UPDATING INFORMATION CODIFYING PRIOR COUNCIL ACTIONS. (39) RES. 90-311 - RESOLUTION OF THE CITY OF SAN BERNARDINO RATIFYING A MEMORANDUM OF UNDERSTANDING WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT RELATING TO THE REIMBURSEMENT OF FUNDS FOR A DRUG ABUSE RESISTANCE EDUCATION (D.A.R.E.) PROGRAM OFFICER PROVIDED BY THE SAN BERNARDINO POLICE DEPARTMENT. (40) 9 7/16/90 RES. 90-312 - 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) (41) RES. 90-313 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF BOUNDARIES OF ASSESSMENT DISTRICT NO. 981 BY EXPANDING THE BOUNDARIES THEREOF TO INCLUDE ADDITIONAL TERRITORY IN THE DISTRICT; DECLARING ITS INTENTION TO PROCEED TO ORDER THE AMENDMENT AND EXPANSION OF THE DISTRICT; AND WAIVING NOTICE AND HEARING. (Meridian and Randall Landscaping Maintenance Dist.) (50) RES. 90-314 - RESOLUTION OF THE CITY OF SAN BERNARDINO GIVING NOTICE INVITING COMPETITIVE SEALED AND ORAL BIDS FOR THE SALE OF CERTAIN PARCELS OF REAL PROPERTY OWNED BY SAID CITY, SAID PARCELS BEING WITHIN SAID CITY, AND ESTABLISHING A MINIMUM SALES PRICE FOR EACH SEPARATE PARCEL AND RESCINDING RESOLUTION NO. 90-111. ( 1215 COLIMA RD. ; PROPERTY LOCATED BETWEEN RIALTO AND BELLEVIEW, WEST OF PENNSYLVANIA AVE.; PROPERTY LOCATED SOUTH OF RIALTO, BETWEEN RANCHO AND PENNSYLVANIA AVE. (51) RES. 90-315 - RESOLUTION OF THE CITY OF SAN BERNARDINO STATING THE INTENT OF THE MAYOR AND COUNCIL FOR USE OF TWENTY PERCENT OF TRANSIENT OCCUPANCY TAX REVENUES. (54) 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. (This resolution was adopted as part of the consent calendar, but was later reconsidered and continued to August 6, 1990 - See page 16) (55) RES. 90-316 - RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING LEASE PURCHASE MASTER CONTRACT FOR MNC GOVERNMENT FINANCE FOR THE FURNISHING OF LEASE PURCHASE FINANCING. (56) RES. 90-317 - RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING LEASE PURCHASE MASTER CONTRACT FOR G. E. CAPITAL FOR THE FURNISHING OF LEASE PURCHASE FINANCING. (57) 10 7/16/90 RES. 90-318 - RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING LEASE PURCHASE MASTER CONTRACT FOR CITICORP NORTH AMERICA FOR THE FURNISHING OF LEASE PURCHASE FINANCING. (58) RES. 90-319 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO GRANTING AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY FOR ELECTRIC SERVICE AT THE WATER RECLAMATION PLANT. (59) Council Member Miller made a motion, seconded by Council Member Estrada, that said resolutions be adopted. Resolution Nos. 90-310, 90-311, 90-312, 90-313, 90-314, 90- 315, 90-316, 90-317, 90-318 and 90-319 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF 5TH STREET BETWEEN DALLAS AVENUE AND MERIDIAN AVENUE, IN THE CITY OF SAN BERNARDINO AND RESERVING AN EASEMENT FOR SANITARY SEWER AND APPURTENANT FACILITIES THEREIN. (This resolution was previously adopted at the meeting of July 2, 1990 meeting) (53) ORD. MC-734 - 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. (FINAL) (60) ORD. MC-735 - ORDINANCE OF THE CITY OF SAN BERNARDINO, STATE OF CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 995. (Verdemont Area) (FINAL) (61) ORD. MC-736 - ORDINANCE OF THE CITY OF SAN AMENDING CHAPTER 15.16.020 OF THE SAN MUNICIPAL CODE. (FINAL) BERNARDINO BERNARDINO (62) ORD. MC-737 - ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 12.93 TO THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR CITY PARTICIPATION IN SIDEWALK/CURB REPAIR AND CERTAIN SEWER CONNECTION COSTS AND REPEALING SECTION 12.92.080. (FINAL) (63) Council Member Miller made a motion, seconded by Council Member Estrada, that said ordinances be adopted. 11 7/16/90 Ordinance Nos. MC-734, MC-735, MC-736 adopted by the following vote: Ayes: Council Reilly, Flores, Maudsley, Minor, pope-Ludlam, None. Absent: None. and MC-737 were Members Estrada, Miller. Noes: ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 15.04.105 TO THE SAN BERNARDINO MUNICIPAL CODE AMENDING UBC SECTION 3203 DEALING WITH ROOF COVERINGS. (9) City Attorney Penman explained that under state law the Uniform Building Code section 15.04.105 can only be amended the first 180 days after publication. He also answered questions regarding the Greenbelt Protection Act. Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the ordinance adding Section 15.04.105 to the San Bernardino Municipal Code amending UBC Section 3203 dealing with roof coverings be tabled. RECLASSIFICATION - ACCOUNT CLERK I TO ACCOUNT CLERK II POSITION - PARKS, RECREATION & COMMUNITY SERVICES In a memorandum dated July 6, 1990, Gordon Johnson, Personnel Director, stated that Annie Ramos, Director of Parks, Recreation and Community Services, requested a job audit of an Account Clerk I position. The Personnel Department conducted a review of the duties performed by the incumbent and feel the responsibilities are at the Account Clerk II level. The Council Personnel Committee at their June 21, 1990 meeting recommended that the full Council approve the Account Clerk I position upgrade to an Account Clerk II position. (11) Shauna Edwins, City Administrator, answered questions regarding the reclassification being budgeted this fiscal year. Council Member Reilly made a motion, seconded by Council Member Minor, that one Account Clerk I position be deleted and one Account Clerk II position be added to the Parks, Recreation and Community Services Department budget; and that the Director of Personnel prepare an amendment updating Resolution 6433. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Minor, Pope-Ludlam. Council Member Maudsley, Miller. Absent: None. Council Noes: FINDINGS TO SUPPORT DENIAL OF CONDITIONAL USE PERMIT NO. 90-15 - SALE OF BEER AND WINE - NORTHWEST CORNER OF HIGHLAND AVENUE AND "H" STREET - MOHAMMAD KHAN In a memorandum dated July 13, 1990, James Penman, City Attorney, stated that at the Council meeting of July 2, 1990, the Council in effect denied Conditional Use Permit No. 90-15. A motion to deny C.U.P. No. 90-15 was not carried based on a three to three vote. No subsequent action to approve the C. U. P. was 12 7/16/90 taken. The Council voted unanimously to direct the City Attorney to prepare findings to support the denial of Conditional Use Permit No. 90-15 for the July 16, 1990 Council meeting. (12) Mayor Holcomb stated that a letter was received from the attorney representing the applicant, requesting a continuance. Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the findings to support denial of Conditional Use Permit No. 90-15, regarding the sale of beer and wine in an existing mini-market, be continued to August 20, 1990, in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. (Discussed again later in meeting, See page 23) VACATION OF A PORTION OF HUFF STREET BETWEEN "G" STREET AND CRESCENT AVENUE - NEGATIVE DECLARATION - FINDING OF CONSISTENCY WITH CIRCULATION ELEMENT OF THE GENERAL PLAN In a memorandum dated June 25, 1990, Roger Hardgrave, Director, Public Works/City Engineer, stated that the negative declaration for Public Works Project No. 90-19 was recommended for adoption by the Environment Review Committee at its meeting of April 17, 1990. A 21-day public review period was afforded and no comments were received. (13) A discussion ensued regarding the vacation of a portion of Huff Street. It was pointed out that the building to the south of the proposed vacation is not properly maintained and the landscape has been neglected. Roger Hardgrave, Director of Public Works/City Engineer, explained that the applicant has purchased the building north of the portion of Huff Street proposed to be vacated, which has inadequate parking. He also has the option to purchase the property south of the proposed vacation. He stated that the applicant would like to vacate a portion of Huff Street in order to construct a parking lot. Roger Hardgrave answered questions regarding the maintenance on the landscaping south of Huff Street. responded to questions regarding Council Member Flores' regarding the vacation of Huff Street. lack of He also concerns Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the negative declaration for Public Works Project No. 90-19, vacation of a portion of Huff Street between "G" Street and Crescent Avenue, be continued to August 6, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 13 7/16/90 COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. RES. 90-320 - 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 - 732 W. 6TH ST., 200 W. 11TH ST., 1008 W. 15TH ST., 695 W. 17TH ST., 2833 N. CALIFORNIA, 847 N. liEn ST., 630 N. "F" ST., 1108 N. "F" ST., 937 N. "G" ST., 3107 GARDENA, 1611 KENDALL DR., 307 N. MACY, 845 N. MAYFIELD, 2005 MCKINLEY, 1650 N. MT. VERNON AVE., 2089 N. MT. VERNON AVE., 908 TIPPECANOE, 545 W. VICTORIA, 1222 W. WALNUT) (19 ) City Attorney Penman explained that the property owner at 555 West Victoria has filed an appeal and that the address must be removed from the resolution. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the property at 555 West Victoria be deleted from the resolution and that said resolution be adopted. Resolution No. 90-320 was Ayes: Council Members Estrada, Miller. Noes: None. Absent: adopted by the following vote: Reilly, Flores, Maudsley, Minor, Council Member Pope-Ludlam. A RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING DETERMINATIONS CONCERNING CONSTRUCTION OF PUBLIC IMPROVEMENTS AND ACQUISITION OF PROPERTY BY SPECIAL ASSESSMENTS, DEFINING PROJECT BOUNDARIES AND ORDERING PREPARATION OF A REPORT. (Verdemont Area) (42) (See page 26) RESOLUTION OF THE DESIGNATIONS AND RESPONSIBILITIES AND ASSESSMENT PROCEEDINGS. (See page 26) CITY OF SAN BERNARDINO MAKING APPOINTMENT TO FULFILL PERFORM DUTIES FOR SPECIAL (Verdemont Area) (43) RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE PROPOSED BOUNDARIES OF THE AREA TO BE ASSESSED FOR CERTAIN PUBLIC IMPROVEMENTS AND ACQUISITION IN A SPECIAL ASSESSMENT DISTRICT. (Verdemont Area) (See page 26) (44) 14 7/16/90 A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE ACQUISITION AND CONSTRUCTION OF CERTAIN IMPROVEMENTS TOGETHER WITH APPURTENANCES IN A PROPOSED ASSESSMENT DISTRICT PURSUANT TO THE PROVISIONS OF THE MUNICIPAL IMPROVEMENT ACT OF 1913; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS. (Verdemont Area) (45) (See page 26) A RESOLUTION OF THE CITY OF SAN AND GIVING PRELIMINARY APPROVAL ENGINEER OF WORK AND APPOINTING PUBLIC HEARING. (Verdemont Area) (See page 26) BERNARDINO PASSING ON TO THE REPORT OF THE A TIME AND PLACE FOR (46) A RESOLUTION OF THE CITY OF SAN BERNARDINO PREVAILING WAGE SCALE AND CALLING FOR BIDS. (Verdemont Area) (See page 26) REFERENCING CONSTRUCTION (47) A RESOLUTION OF PROPOSAL FOR THE (See page 26) THE CITY OF SAN BERNARDINO REQUESTING SALE OF BONDS. (Verdemont Area) (48) City Attorney Penman stated that he had not reviewed the resolutions for the Verdemont assessment district and explained why the resolutions should be continued. He recommended that a special meeting be held to adopt the resolutions. It was the consensus of the Council to continue the resolutions to this afternoon to determine a date and time for the special meeting. RES. 90-321 A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF BOUNDARIES OF ASSESSMENT DISTRICT NO. 975 BY EXPANDING THE BOUNDARIES THEREOF TO INCLUDE ADDITIONAL TERRITORY IN THE DISTRICT FOR THE MAINTENANCE OF LANDSCAPING IN THE AREA OF MILL STREET AND PEPPER AVENUE; ORDERING THE AMENDMENT AND EXPANSION OF THE DISTRICT AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY AND APPROVING AMENDED ASSESSMENT DISTRICT DIAGRAM MAP NO. 975. (52) Council Member Miller made a motion, seconded by Council Member Minor, that said resolution be adopted. 15 7/16/90 Resolution No. 90-321 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. 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. (Considered earlier in meeting, see page 10) (55) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the resolution authorizing the execution of an agreement with Ed Leonelli and Dominique Morel relating to making semi-annual payments for underground utilities at 1080 East Ninth Street, be reconsidered. Mayor Holcomb recommended that the Council instruct staff to insert a landscaping provision which allows the City to maintain the landscaping if the property owner does not. This would also allow the City to impose a lien against the property for cost and administrative expenses. City Attorney Penman stated that the the agreement has already been signed property owner. resolution authorizing and approved by the City Administrator Edwins stated that much of the property at 1080 East Ninth Street is County property and the City staff would not be able to enter the property to maintain the landscaping. Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that said resolution authorizing the agreement with Ed Leonelli and Dominique Morel for semi-annual payment for costs of undergrounding utilities at 1080 East Ninth Street, be continued to August 6, 1990, in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 10.16.180C OF THE SAN BERNARDINO MUNICIPAL CODE PERMITTING THE ISSUANCE OF PREFERENTIAL PARKING FOR CAR POOLING INCENTIVE AND ADDING SUBSECTION "D" REQUIRING THE DIRECTOR OF FACILITIES MANAGEMENT TO KEEP A RECORD OF CERTAIN INFORMATION. (FIRST) (64) 16 7/16/90 Shauna Edwins, City Administrator, answered questions regarding how the car pooling program would be controlled and what measures will be taken to enforce the conditions. Neal Larson, Ride Share Coordinator, Emergency Services, answered questions regarding the number of employees registered to participate in the car pool program and explained how the program will be enforced. Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, said ordinance be laid over for final passage. RES. 90-322 - RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY TO THE FORMATION OF CITY WIDE ASSESSMENT DISTRICT NO. 994 FOR STREET LIGHTING AND STREET SWEEPING SERVICES. (65a) (See related item 49) (Continued from July 9, 1990) City Attorney Penman stated that Section 6 of the ordering the work was amended to read as follows: "all real property within said Assessment District No. 994 of 200 square feet or less are hereby excluded assessment district". resolution parcels of of an area from said Mayor Holcomb stated that the waiver provision in the resolution requires six votes. He explained that it is unlikely that any parcel would be more than the appraised value of anything less than $96.00. This provision of the resolution would waive the requirement of notifying the public. The cost for notification could cost the taxpayer from $35,000 to $40,000. He stressed that a "yes" vote for this first resolution would save the taxpayer money. Council Member Estrada made a motion, seconded by Council Member pope-Ludlam, that said resolution be adopted. Resolution No. 90-322 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Pope- Ludlam, Miller. Noes: Council Member Flores. Absent: None. RES. 90-323 - RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE CITY WIDE STREET LIGHTING AND STREET SWEEPING SERVICES AND CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID SERVICES KNOWN AS ASSESSMENT DISTRICT NO. 994, AND ORDERING THE WORK. (65b) (Continued from July 9, 1990) Council Member Minor made a motion, seconded by Council Member Reilly, that said resolution be adopted. 17 7/16/90 Resolution No. 90-323 was adopted by the following vote: Ayes: Council Members Reilly, Maudsley, Minor, Pope-Ludlam, Miller. Noes: Council Members Estrada, Flores. Absent: None. RES. 90-324 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING ASSESSMENT ROLL NO. 994 FOR CITY-WIDE STREET LIGHTING AND STREET SWEEPING IN THE CITY OF SAN BERNARDINO, AND APPROVING ASSESSMENT DIAGRAM MAP NO. 994. (See related item 65) (49) Council Member Maudsley made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 90-324 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Pope- Ludlam, Miller. Noes: Council Member Flores. Absent: None. Chief Robbins thanked the Council for their support and spoke regarding the morale of the police officers. He stated that the adoption of this assessment district will significantly help in enhancing the safety of the community. He answered questions regarding the number of new police officers that will be placed on patrol as a result of this assessment district and spoke regarding the enhanced benefit package that will also become available. Chief Robbins answered questions regarding approximately how long will it take to see some relief for the Police Department. City Attorney Penman pointed out that the funds would not be available until December, 1990. PUBLIC HEARING ENHANCED SECURITY DOWNTOWN AREA- CONTINUED FROM JUNE 18, 1990 This is the time and place continued to for a public hearing to consider possible enhanced security in the downtown area. (66) In a memorandum dated June 12, 1990, Fred Wilson, Assistant to the City Administrator, stated that the Mayor and Council set a public hearing to consider various increased revenue alternatives relative to enhancing security in the downtown area. This item has been considered by the Ways and Means Committee and a final recommendation has not yet been prepared. It should be noted that the Ways and Means Committee is only considering security enhancement alternatives based on existing financial resources. For this reason, it is recommended that the matter be tabled. Mayor Holcomb opened the hearing. 18 7/16/90 Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the matter regarding enhanced security in the downtown area be tabled. PROTEST HEARING - VACATION OF A PORTION OF LUGO AVENUE, NORTH OF 4TH STREET This is the time and place set for a protest hearing for the proposed vacation of a portion of Lugo Avenue north of 4th Street. (67) In a memorandum dated June 25, 1990, Roger Hardgrave, Director, Public Works/City Engineer, stated that he had received a request from 92% of the adjoining owners to vacate a portion of Lugo Avenue, north of 4th Street. Authorization was given to proceed with the proposed vacation and Plan No. 7531 was approved. Mayor Holcomb opened the hearing. No protests have been received. RES. 90-325 - RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF LUGO AVENUE, NORTH OF 4TH STREET, IN THE CITY OF SAN BERNARDINO AND RESERVING AN EASEMENT FOR SANITARY SEWER AND APPURTENANT FACILITIES, AND FOR PUBLIC UTILITY PURPOSES THEREIN. (67) Council Member Pope-Ludlam made a motion, seconded by Council Member Minor 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 Lugo Avenue, north of 4th Street, is no longer necessary for street purposes, be adopted; and that said resolution be adopted. Resolution No. 90-325 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.36 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO VEHICLE ABATEMENT. (Continued from July 2, 1990) (68) City Attorney Penman stated that the proposed wording in the ordinance could destroy enforcing the vehicle abatement program and recommended that the ordinance be reviewed by the Legislative Review Committee. 19 7/16/90 Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that said ordinance be referred to the Legislative Review Committee. PLAN FOR PURCHASE AND INSTALLATION OF CONTINUED FROM JULY 9, 1990 This is the time and place continued the possible purchase and installation of the City of San Bernardino. 800 MHZ SYSTEM - to for discussion on a 800 MHz system for (69 ) In a memorandum dated July 12, 1990, Shauna Edwins, City Administrator, stated that on July 12, 1990, Marland Howard, Director of Communications with the County of San Bernardino, met with City staff to answer questions regarding the 800 MHz system. After talking with Mr. Howard, it was apparent, that the City should implement its own 800 MHz system. Under the County operated system, the City would have no control over decisions relating to system operation. The other factor was the cost of a City system versus a County system. Implementation of the City's system can be a significant advantage to regional cooperation, as the City call provide backup support in the event of failure on the part of the County transmission capabilities. City Administrator Edwins were distributed and explained with the County has expired. City go forward with its own regarding the number of channels stated that two revised motions that the deadline for entering Ms. Edwins recommended that the system and answered questions available. Shauna Edwins explained that all the net pack channels have been allocated. However, the County is testing off-set channels and if these are approved, the City will have an opportunity to obtain some of these channels. Ms. Edwins stated that the County realizes that when they requested the channels from the Federal Communication Commission (FCC), they used the City of San Bernardino's name to obtain the channels, and because of this, the County is willing to work with the City in obtaining some off-set channels. The Council requested that the City Attorney receive a briefing on what has transpired thus far from the Administrator due to the significant legal question involved not obtaining some of the channels the County received. full City with Discussion ensued regarding the starting costs involved if the City would purchase its own 800 MHz system. City Administrator Edwins explained how the program would work and the benefits for the City to provide its own system. 20 7/16/90 Richard, McGreevy, Director of Emergency Services, answered questions regarding the location of the dispatching center and the cost the City would pay to purchase radios. Mr. McGreevy stated that the County would purchase the backbone equipment for the transmitter sites and would also handle the maintenance of the backbone system. The City would purchase and maintain the radios for city vehicles. City Administrator Edwins answered questions regarding the City's ability to provide expansion to the system if there were a need in the future, and if the City would be able to fulfill that need based on the growth of the City. Shauna Edwins stated that the City has the option to rent rack space from the County, which means the City would use the County's transmitters for the City's radio equipment. Ms. Edwins also answered questions regarding the new deadline the County has provided to the City. It was the consensus of the Council to continue further discussion on the purchase the 800 MHz system to later this afternoon, to allow time for the City Administrator to contact the County's Chief Administrative Officer regarding another extension on the date for the City to decide whether to enter with the County's MHz system. (See page 27) GENERAL PLAN AMENDMENT WEST SIDE OF PALM AVENUE BETWEEN 20TH STREET AND ATLANTIC AVENUE - DETERMINE NECESSITY In an undated memorandum, Council Member Maudsley reported that when the City adopted the General Plan on June 2, 1989, the northwest corner of Palm Avenue and Atlantic Street was designated RM, Residential Medium, to help preserve the single family residences, while being compatible with existing and future multiple family development. A designation that permits limited office or commercial uses may be more appropriate for this area. However, any designation should consider the site limitations while ensuring that the historic structures are incorporated into futures uses. (70) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the Mayor and Common Council direct the Planning Division to initiate a special study for the west side of Palm Avenue between 20th Street and Atlantic Avenue to determine if an amendment to the General Plan is warranted and if so, to initiate a General Plan amendment. 21 7/16/90 COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY- REGULAR MEETING At 11:05 the Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order by Chairman Holcomb in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. At this time, the Council acting as the Commission, took action on the Community Development Commission agenda items. RECESS MEETING - CLOSED SESSION At 11:15 a.m., the Mayor and Common Council, acting as the Community Development Commission, recessed to closed session in the conference room of the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 11:30 a.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, Deputy City Clerk Medina, City Administrator Edwins. Absent: None. RECESS MEETING At 11:30 a.m., Mayor Holcomb recessed the meeting of the Mayor and Common Council of the City of San Bernardino until 2:00 p.m. RECONVENE MEETING At 2:00 p.m., Mayor Holcomb called the meeting of the Mayor and Common Council to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Deputy City Attorney Empeno, Deputy City Clerk Medina, City Administrator Edwins. Absent: Council Member Estrada. APPEAL CONDITION OF APPROVAL FOR CONDITIONAL USE PERMIT 90-07 INSTALLATION OF REDWOOD SLATTING IN EXISTING SIX FOOT HIGH CHAIN LINK FENCE - 5185 HALLMARK PARKWAY This is the time and place set for an appeal filed by Larry Bangert regarding the condition of approval for Conditional Use Permit 90-07 to allow installation of a redwood slatting in 22 7/16/90 existing at the Way. six foot high chain link fence at 5185 intersection of Hallmark ParkwdY Hallmark Parkway and Lexington ( 71) In a memorandum dated June 22, 1990, Larry Reed, Director of Planning and Building Services, gave the background for the appeal. He stated that the applicant is objecting to the cost of installing a "woodcrete" cement screening fence around the mini- storage/U-Haul business and contends that such a fence will not provide visual screening. Mr. Reed stated that the request is reasonable in that a chain link fence is already constructed around the project and redwood slatting would provide the screening desired for the parking and circulation area. Larry Reed, Director of Planning and Building Services, explained that since the staff report was written, he has had an opportunity to discuss the durability of redwood slatting with several fence companies. He stated that based on the findings, he would like to modify the request for approval of the redwood slatting and request that Conditional Use Permit No. 90-07 be continued to allow time for staff to work further with the applicant in developing a third alternative which would be to consider plant screening. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the appeal for Conditional Use Permit No. 90-07 be continued to the meeting of September 3, 1990, in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. FINDINGS TO SUPPORT DENIAL OF CONDITIONAL USE PERMIT NO. 90-15 - SALE OF BEER AND WINE - NORTHWEST CORNER OF HIGHLAND AVENUE AND "H" STREET MOHAMMAD KAHN DISCUSSED EARLIER IN MEETING - SEE PAGE 12 This is the time and place continued to for reconsideration of the findings to support denial of Conditional Use Permit No. 90-15, the sale of beer and wine at the northwest corner of Highland Avenue and "H" Street. (12) Mayor Holcomb stated that action was taken earlier in the meeting relative to the findings for denial of Conditional Use Permit No. 90-17. The action taken was to continue the findings to August 20, 1990. Mayor Holcomb stated that the applicant has requested to proceed without the attorney and asked that the Council reconsider this matter. Council Member Reilly made a motion to reconsider the findings to support denial of Conditional Use Permit No. 90-15. The motion died due to the lack of a second. 23 7/16/90 It was pointed out that there were people in the audience earlier this morning who were informed that the item would be continued to August 20, 1990, and that the Council should not reconsider this matter. City Administrator Edwins stated that the applicant is not asking for a reconsideration of the action on the findings to support denial of Conditional Use Permit No. 90-15 taken earlier, but is asking for a reconsideration of the denial of Conditional Use Permit No. 90-15. She stated that there are no provisions to allow Council to reconsider a planning item hearing that has been closed. Mrs. Edwins explained that planning action matters require notification to surrounding property owners and once the hearing is closed, the property owners believe this is the end of the action. If the hearing is going to be reopened or reconsideration of Conditional Use Permit No. 90-15 is approved, it will be necessary to notify the surrounding property owners. Steve Neudorff, representing the applicant, stated that the applicant is requesting a reconsideration due to the fact that the vote on the denial of C.U.P. 90-15 was three to three and one of the council members was absent. COUNCIL MEMBER ESTRADA RETURNED At 2:10 p.m., Council Member Estrada returned to the Council meeting and took her place at the council table. Deputy City Attorney Empeno stated that the action taken earlier to continue the findings to August 20th was passed and if there is a motion to reconsider, the Council can only take action on the findings to support the denial of the conditional use permit. He stated that if the Council would like to re-examine the conditional use permit, it would require that a hearing be set and that the property owners be notified of such hearing. CITY ATTORNEY PENMAN RETURNED City Attorney Penman returned to the Council meeting and replaced Deputy City Attorney Empeno. Discussion ensued regarding the legalities of reconsidering the action taken earlier and the findings of facts to support the denial not being approved. City Attorney Penman explained why the findings to support the denial must be approved, stating that if not approved the applicant has an opportunity to sue the City. The Council agreed not to taken any further action. 24 7/16/90 ASSISTANCE IN HOSTING THE RUSSIAN NATIONAL BASEBALL TEAM - URGENCY ITEM Council Member Estrada stated that since posting the agenda, the matter arose regarding a request for promotional funds to assist in hosting a Russian National Baseball team that will be playing at Fiscalini Field on Thursday, July 19, 1990. (NB1) Phil is being Stars. Arvizo, Assistant to the Council, stated that the event hosted by the City of San Bernardino and the AII- Council Member Estrada made a motion, seconded by Council Member Reilly, to consider an item which requires Council action that arose after the posting of the agenda. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Noes: Council Member Minor. Absent: None. Council Miller. Council Member Estrada made a motion, seconded by Council Member Reilly, that $500 be allocated from the promotional fund to assist in hosting the National Russian Baseball team. The Council requested that the City Administrator be responsible for insuring that the funds are properly disbursed. The motion carried by the following vote: Member Estrada, Reilly, Flores, Pope-Ludlam, Council Member Maudsley, Minor. Absent: None. Ayes: Miller. Council Noes: MAYOR HOLCOMB EXCUSED Mayor Holcomb was excused and Council Member Estrada assumed the duties of Mayor Pro Tempore. CLOSED SESSION ACTION - REIMBURSEMENT OF $500 TO MAYOR HOLCOMB - FILING FEES TO LAFCO - NORTON REUSE PLAN AREA Mayor Pro Tempore Estrada stated that in closed session, it was explained that Mayor Holcomb had paid the filing fee of $500 required by LAFCO to insure the participation of the County regarding the Norton reuse project. She stated that it was important to recognize the importance of keeping that land available to the County and recommended that Mayor Holcomb be reimbursed for the $500. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, to reimburse the Mayor $500 for filing fees required by LAFCO for possible annexation of property in the Norton Reuse Plan area. MAYOR HOLCOMB RETURNED Mayor Holcomb returned to the Council meeting. 25 7/16/90 RESOLUTIONS FOR THE VERDEMONT ASSESSMENT DISTRICT- CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for discussion and possible adoption of the resolutions for the Verdemont area assessment district. (See page 14) (42-48) A RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING DETERMINATIONS CONCERNING CONSTRUCTION OF PUBLIC IMPROVEMENTS AND ACQUISITION OF PROPERTY BY SPECIAL ASSESSMENTS, DEFINING PROJECT BOUNDARIES AND ORDERING PREPARATION OF A REPORT. (Verdemont Area) (42) RESOLUTION OF THE DESIGNATIONS AND RESPONSIBILITIES AND ASSESSMENT PROCEEDINGS. CITY OF SAN BERNARDINO MAKING APPOINTMENT TO FULFILL PERFORM DUTIES FOR SPECIAL (Verdemont Area) (43) RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE PROPOSED BOUNDARIES OF THE AREA TO BE ASSESSED FOR CERTAIN PUBLIC IMPROVEMENTS AND ACQUISITION IN A SPECIAL ASSESSMENT DISTRICT. (Verdemont Area) (44) A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE ACQUISITION AND CONSTRUCTION OF CERTAIN IMPROVEMENTS TOGETHER WITH APPURTENANCES IN A PROPOSED ASSESSMENT DISTRICT PURSUANT TO THE PROVISIONS OF THE MUNICIPAL IMPROVEMENT ACT OF 1913; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS. (Verdemont Area) (45) A RESOLUTION OF THE CITY OF SAN AND GIVING PRELIMINARY APPROVAL ENGINEER OF WORK AND APPOINTING PUBLIC HEARING. (Verdemont Area) BERNARDINO PASSING ON TO THE REPORT OF THE A TIME AND PLACE FOR (46) A RESOLUTION OF THE CITY OF PREVAILING WAGE SCALE AND BIDS. (Verdemont Area) SAN BERNARDINO REFERENCING CALLING FOR CONSTRUCTION (47) A RESOLUTION OF THE CITY OF SAN BERNARDINO REQUESTING PROPOSAL FOR THE SALE OF BONDS. (Verdemont Area) (48) 26 7/16/90 It was the consensus of the Council that resolution numbers 42 through 48 relating to the assessment district for the Verdemont area be continued to 4:00 p.m., Monday, July 23, 1990, in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. PLAN FOR PURCHASE AND INSTALLATION OF 800 MHZ SYSTEM- DISCUSSED EARLIER IN MEETING - SEE PAGE 20 This is the time and place continued to for possible purchase of a 800 MHz system for the Bernardino. discussion on City of San (69) City Administrator Edwins explained that in a letter Richard McGreevy stated that he had received information from Mr. Ben Nunnally, Area Manger of Motorola, the vendors for the radios. Mr. McGreevy stated that Mr. Nunnally informed him that the Motorola contract with the County of San Bernardino does not guarantee 95% probability of coverage and building in the City of San Bernardino. The letter further stated that Motorola would guarantee 95% coverage indepth building in San Bernardino if the transmitter site was at Little Mountain rather than the County's site of Jurupa Hills. The Council agreed to continue discussion on of the 800 MHz system to 4:00 p.m., Monday, July 23, Council Chambers, City Hall, 300 North "D" Bernardino, California. the purchase 1990, in the Street, San ADJOURNMENT AL 2:30 p.m., Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the meeting be adjourned to 4:00 p.m., Monday, July 23, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. SHAUNA CLARK City Clerk By kduJ JJ1M;naJ Deputy City Clerk No. of Items: 75 No. of Hours: 3.5 27 7/16/90