Loading...
HomeMy WebLinkAbout08-20-1990 Minutes City of San Bernardino, California August 20, 1990 The regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Pro Tempore Reilly at 8:35 a.m., Monday, August 20, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Pro Tempore Reilly; Council Members Reilly, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Mayor Holcomb, Council Members Estrada, Flores. RECESS MEETING - CLOSED SESSION At B:35 a.m., the Mayor and Common Council and Development Commission recessed to closed session following: ( 1) Community for the 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 B/20/90 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 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. 23299B; San Bernardino Superior Court Case No. 25205B; Sock Dawson. et al vs. Citv of San Bernardino. et al- United States District Court Case No. SA 88-461 AHS (RWRx); Charlotte Revnolds vs. City of San Bernardino San Bernardino Superior Court Case No. 24B752; Save San Bernardino vs. City of San Bernardino San Bernardino Superior Court Case No. 250425; Citv of Redlands vs. Inland Valley Develooment Aoencv, et al - San Bernardino Superior Court Case No. 255222; Citv of San Bernardino vs. Deukmeiian. et al San Bernardino Superior Court Case No. 256623; Gleda Br idoes vs. City of San Bernardino - San Bernardino Superior Court Case No. 220322; JOY Y. Revnolds vs. Citv of San Bernardino - Los Angeles Superior Court Case No. BC002117. CLOSED SESSION At B:35 a.m., Mayor Pro Tempore Reilly 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 Reilly; Council Members Reilly, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Administrator Edwins. Absent: Mayor Holcomb, Council Members Estrada, Flores. 2 8/20/90 Also present were: Deputy City Attorney Empeno; Assistant City Attorney Martin; Deputy City Attorney Margaret Scroggin, Administrative Operations Supervisor. Sr. Roth; READING OF RESOLUTIONS AND ORDINANCES City Clerk Krasney read the titles of all and ordinances on the regular, supplemental Development Commission agendas. the resolutions and Community CITY CLERK KRASNEY ARRIVED At B:40 a.m., City Clerk Krasney arrived at the closed session. DEPUTY CITY ATTORNEY EMPENO EXCUSED At B:55 a.m., Deputy City Attorney Empeno left the closed session. DEPUTY CITY ATTORNEY ROTH EXCUSED At 9 :00 a.m. Deputy City Attorney Roth left the closed session. COUNCIL MEMBER ESTRADA ARRIVED At 9:00 a.m., Council Member Estrada arrived at the closed session. ADMINISTRATIVE OPERATIONS SUPERVISOR SCROGGIN EXCUSED At 9: 10 a.m., Margaret Scroggin, Administrative Operations Supervisor, left the closed session. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 9:15 a.m., Council Member Pope-Ludlam left the closed session. ADJOURNED CLOSED SESSION At 9:25 a.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 9:30 a.m., Mayor Pro Tempore Reilly called the regular meeting of the Mayor and Common Council to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Pro Tempore Reilly; Council Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Mayor Holcomb; Council Member Flores. 3 B/20/90 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 Estrada. PUBLIC COMMENTS - ROGER DUMAS - ANNOUNCED CANDIDACY FOR CHIEF EXECUTIVE OFFICER - CITY OF SAN BERNARDINO (3) Roger Dumas spoke regarding the homeless situation in San Bernardino and announced his candidacy for Chief Executive Officer for the City of San Bernardino. PUBLIC COMMENTS - WES JEFFERSON - WESTS IDE ACTION GROUP (3) Wes Jefferson, representing the Westside Action Group, expressed concerns regarding some issues and policies that impact the community. He stated that there are several key issues that the City needs to address immediately. These issues are as follows: 1) Equal opportunity and affirmative action - delete Section 2.04.040 from the Municipal Code; 2) Modify Resolution B7-373 and codes and ordinances that compliance and the City's program; related address minority municipal contract business 3) Review a personnel matter with the Westside Action Group in closed session related to equity in management appointments. Mr. Jefferson requested that the City Clerk place these items on the Council agenda for discussion at the first meeting in September, 1990. PUBLIC COMMENTS - RALPH HERNANDEZ - DRUG PROBLEMS (3) Ralph Hernandez spoke regarding the drug problems on Gilbert Street. He stated that the Police Department has not attempted to resolve the drug trafficking at 13th and Gilbert Street. Mr. Hernandez also expressed opposition to the proposed paramedic service fee. APPOINTMENT - JOHN LIGHTBURN - COMMUNITY TV COMMISSION (4) In a memorandum dated August 15, 1990, Council Member Estrada recommended the appointment of John Lightburn, 149 West 6th Street, San Bernardino, to the Community TV Commission. 4 8/20/90 Council Member Estrada made a motion, seconded by Council Member Minor, and unanimously carried, that the appointment of John Lightburn to the Community TV Commission be approved. ANNOUNCEMENT BY MAYOR - VIDEO PRESENTATION - CLOSURE OF TOWN HOUSE MOTEL (2) A video presentation was presented regarding the condition of the motel rooms at the Town House Motel. City Attorney Penman outlined details of the video presentation to the Council and depicted the unhealthy and unsanitary conditions of the rooms being occupied as living quarters. Mr. Penman explained that the motel was closed down and that the City did provide transportation and alternative living quarters for the people who were staying in the rooms. ANNOUNCEMENT BY MAYOR - VIDEO PRESENTATION - SECCOMBE LAKE PARK RAVINE - LIVING QUARTERS (2) A video was presented regarding a ravine area behind Seccombe Lake Park, in which people were living in tents. Some of these people had police warrants for them and were hiding from the law. City Attorney Seccombe Lake Park, been cleaned up and Penman described the ravine but explained that this whole the shrubs and debris have been area behind area has now removed. PROCLAMATION - JTPA - NATIONAL ALUMNI WEEK - AUGUST 27 THROUGH SEPTEMBER 3, 1990 (4) Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring August 27 through September 3, 1990 as National Joint Training Partnership Act (JTPA) Alumni week. Mr. Robert Narvarro, Chairman of the Private Industry Council, was present to accept the proclamation from Mayor Pro Tempore Reilly. Mr. Robert Narvarro introduced JTPA alumni who, through the JTPA training program, now have permanent jobs. The following people were present to accept a certificate from Mayor Pro Tempore Reilly. Victor Salazar (wife Maria accepted) Denise Cooper patricia Jones Frankie Smith 5 8/20/90 COMMENDATION - MARY GAMBOA - VOLUNTEER AS CITY HALL RECEPTIONIST & FOR SENIOR NUTRITION PROGRAM (4) Lorraine Velarde, Executive Assistant to the Mayor, read a resolution of commendation in memory of Mary Gamboa, who served as a volunteer for the senior nutrition program and also a volunteer receptionist for the City Hall lobby. Her loyalty and dedicated service to the City of San Bernardino was much appreciated. Steve Gamboa and Patsy Garcia, family, were present to accept the from Mayor Pro Tempore Reilly. members of resolution of Ms . Gamboa's commendation SERVICE PIN AWARD CEREMONY Lorraine Velarde, Executive Assistant to the names of employees receiving service pin awards. (5) Mayor, read the Each employee received a service pin from Mayor Pro Tempore Reilly in gratitude of his/her many years of dedicated service to the City. WAIVE FURTHER READING OF RESOLUTIONS AND ORDINANCES (6) Council Member Miller made a motion, seconded by Council Member Maudsley, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas be waived. COUNCIL MINUTES - JULY 16, 1990 & JULY 23, 1990 (7) Council Member Miller made a motion, seconded by Council Member Maudsley, and unanimously carried, that the minutes of the meetings of the Mayor and Common Council of the City of San Bernardino held on July 16, and July 23, 1990, be approved as submitted in typewritten form. REORGANIZATION - CITY ADMINISTRATOR'S DEPARTMENT (8) In a memorandum dated August 9, 1990, Gordon Johnson, Personnel Director, stated that per the request of the City Administrator, a survey was conducted of fourteen other cities regarding the organizational structure of the City Administrator/City Manager's Department. It was recommended that the existing Deputy City Administrator position be downgraded to Range 44BB, and that the title be changed to Assistant City Administrator. Six of the ten cities surveyed utilized the title Assistant City Manager/Assistant City Administrator as the second in command; whereas, only two of the ten cities utilized a "Deputy" title. Part of this reorganization would also entail upgrading the Assistant to the City Administrator to Assistant City Administrator with the same salary as recommended above. 6 B/20/90 Council Member Miller made a motion, seconded by Council Member Maudsley, and unanimously carried, that two positions of Assistant City Administrator (U) be established in the City Administrator's Department with the salary established at Range 4488 $505B-$6149; that the positions of Deputy City Administrator and Assistant to the City Administrator be deleted; and that the Director of Personnel be instructed to update Resolution 6413, Section 14 and Resolution 6433. DESIGNATION OF AB 939 MEMBERS - SOLID WASTE TASK FORCE (9) In a memorandum dated August 10, 1990, Fred Wilson, Assistant to the City Administrator, stated that Resolution 90-45 was adopted on February 5, 1990, which designated Councilwoman Norine Miller as the elected representative to the Solid Waste Task Force. Due to expressed concerns, a revised resolution was prepared in April which addressed a membership structure acceptable to all parties. However, this resolution (Resolution No. 90-143), did not include the City's representative and alternate. Although Mayor Holcomb was originally designated as al ternate to the Task Force, it was recommended that Manuel P. Moreno, Jr. serve in this capacity. Council Member Miller made a motion, seconded by Council Member Maudsley, and unanimously carried, that Councilwoman Norine Miller be designated as the City's representative to the Solid Waste Task Force required under AB 939; and that Manuel P. Moreno, Jr., be designated as the alternate member of the Solid Waste Task Force required under AB 939. FINANCIAL SUPPORT - $3,500 - WESTERN REGIONAL LITTLE LEAGUE BASEBALL, INC. (10) In a memorandum dated August 13, 1990, Shauna Edwins, City Administrator, stated that at its meeting of August 13, 1990, the Ways and Means Committee recommended approval of $3,500 in financial assistance to the Western Regional Little League Baseball, Inc. Council Member Miller made a motion, seconded by Council Member Maudsley, and unanimously carried, that payment in the amount of $3,500 to Western Regional Little League Baseball, Inc., to defray team costs, be authorized. CONSTRUCTION OF HANDICAPPED RAMPS AT VARIOUS LOCATIONS APPROVAL OF PLANS AND ADVERTISE FOR BIDS (13) In a memorandum dated August 9, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for construction of handicapped ramps at various locations have been prepared by the Engineering Division and the project is ready to be advertised for bids. Twenty-eight handicapped ramps will be constructed at selected locations where they will provide the 7 B/20/90 greatest benefit. The total estimated project cost is $49,900. An amount of $50,000 was allocated in the 19BB/89 budget from Community Development funds to finance this project. Council Member Miller made a motion, seconded by Council Member Maudsley, and unanimously carried, that the plans for construction of handicapped ramps at various locations, in accordance with Plan No. B226, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids. REPLACE DECOMPOSED GRANITE WALKWAYS WITH PORTLAND CEMENT CONCRETE IN SECCOMBE LAKE PARK - APPROVAL OF PLANS - ADVERTISE FOR BIDS (14) In a memorandum dated August 9, 1990, Roger Hardgrave, Director of Public Works/ City Engineer, stated that plans for the replacement of the decomposed granite walkways, in Phase I-A of Seccombe Lake Park, have been prepared by the Engineering Division, and the project is ready to be advertised for bids. The existing decomposed granite walkways will be removed and concrete walkways installed. The total estimated project cost is $90,300. An amount of $90,90B was allocated in the 1990/91 budget. Council Member Miller made a motion, seconded by Council Member Maudsley, and unanimously carried, that the plans for replacing the decomposed granite walkways in Seccombe Lake Park with Portland Cement Concrete Walkways, in accordance with Plan No. B234, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids. INSTALLATION OF STORM DRAIN IN REDLANDS BOULEVARD FROM HUNTS LANE TO WATERMAN AVENUE - APPROVAL OF PLANS- ADVERTISE FOR BIDS (17) In a memorandum dated July IB, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for the construction of the master plan storm drain in Redlands Boulevard, from Hunts Lane to Waterman Avenue, have been prepared by the Engineering Division and the project is ready to be advertised for bids. The pipe installed by this project will connect to the existing storm drain in Hunts Lane and will receive storm water from the storm drain to be constructed in Waterman Avenue by the pavement rehabilitation project. The total estimated project cost is $452,000. An amount of $357,600 was allocated for this project. Council Member Miller made a motion, seconded by Council Member Maudsley, and unanimously carried, that the transfer of $94,400 from Account No. 24B-368-57B13, "Pershing Avenue, from 40th Street to 4Bth Street," to Account No. 24B-36B-57B35, "Hedlands Boulevard, from Hunts Lane to Waterman Avenue," be approved. 8 8/20/90 Council Member Miller made a motion, seconded by Council Member Maudsley, and unanimously carried, that the plans for construction of a storm drain in Redlands Boulevard, from Hunts Lane to Waterman Avenue, in accordance with Plan No. B072, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids. CLAIMS AND PAYROLL (IS) Council Member Miller made a motion, seconded by Council Member Maudsley, and unanimously carried, that the claims and payrolls, and the authorization to issue warrants as listed on the memorandum dated August 10, 1990, from the Director of Finance, be approved. PERSONNEL ACTIONS (19) Council Member Miller made a motion, seconded by Council Member Maudsley, and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated August 9, 1990, in accordance with all administrative regulations of the City of San Bernardino, be approved. RES. 90-351 - RESOLUTION OF THE CITY OF SAN BERNARDINO AU'rHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CONVENTION AND VISITORS BUREAU WHERE THE CITY SHALL PROVIDE THE BUREAU THE SUM OF $286,000 OVER THE TERM OF THIS AGREEMENT. (20) RES. 90-352 A RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 88-354, ENTITLED IN PART, "A RESOLUTION . APPROVING AND AUTHORIZING EXECUTION AND DELIVERY OF A JOINT POWERS AGREEMENT CREATING THE BIG INDEPENDENT CITIES EXCESS POOL JOINT POWERS AUTHORITY. . "; DELETING ARTHUR SCHUBERT AS THE CITY'S REPRESENTATIVE AND ADDING VICTOR LORCH AS THE CITY'S REPRESENTATIVE AND ANDREW GREEN, DIRECTOR OF FINANCE, AS THE CITY'S ALTERNATE REPRESENTATIVE AND REPEALING RESOLUTION NO. 89-255. (21) RES. 90-353 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE CITIES OF COLTON, FONTANA, GRAND TERRACE, HIGHLAND, LOMA LINDA, REDLANDS, RIALTO, YUCAIPA AND THE COUNTY OF SAN BERNARDINO RELATIVE TO A SOURCE REDUCTION AND RECYCLING PLANNING AGREEMENT. (22) RES. 90- 354 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN EMERGENCY SHELTER GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SALVATION ARMY. (23) 9 B/20/90 RES. 90-355 - RESOLUTION OF THE AUTHORIZING THE EXECUTION OF AN CITY COMPANY FOR THE LEASE OF SECURITY OFFICE. CITY OF SAN BERNARDINO AGREEMENT WITH CENTRAL BUILDING SPACE FOR A (24) RES. 90-356 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO ELECTRO CONSTRUCTION CORPORATION FOR INSTALLATION OF BALLFIELD LIGHTING SYSTEMS FOR NUNEZ PARK. (26) RES. 90-357 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CHARLES R. WILSON AND ASSOCIATES, INC., FOR PROPERTY APPRAISAL SERVICES FOR THE VERDEMONT AREA COMMUNITY FACILITIES DISTRICT, ASSESSMENT DISTRICT NO. 995. (27) RES. 90-35B - RESOLUTION OF THE CITY OF SAN BERNARDINO ASCERTAINING THE GENERAL PREVAILING RATES OF WAGES FOR PUBLIC PROJECTS OF SAID CITY, AND RESCINDING RESOLUTION NO. 12846. (28) Council Member Miller made a motion, seconded by Council Member Maudsley, that said resolutions be adopted. Resolution Nos. 90-351, 90-352, 90-353, 90-354, 90-355, 90- 356, 90-357 and 90-358 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Flores. MC-740 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE SECTION 3.52.040 BY ADDING SAN BERNARDINO MUNICIPAL CODE SECTION 3.52.040C RELATING TO THE TRANSIENT OCCUPANCY TAX. (FINAL) (29) Council Member Miller made a motion, seconded by Council Member Maudsley, that said ordinance be adopted. Ordinance MC-740 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Flores. JOINT POWERS FINANCING AUTHORITY REGULAR MEETING (30) Council Member Miller made a motion, seconded by Council Member Maudsley, and unanimously carried, that the regular meeting of the Joint Powers Financing Authority be adjourned to September 17, 1990. 10 B/20/90 "------_._.._--~- .-~----_._----------_.._---------_._--_.- SET PUBLIC HEARING - SEPTEMBER 5, 1990, 10:00 A.M.- ESTABLISHMENT OF APPEAL FEE FOR VEHICLE, WEED AND BUILDING APPEALS - TO THE MAYOR AND COMMON COUNCIL (I1) In a memorandum dated, July 31, 1990, Shauna Edwins, City Administrator, stated that currently the municipal code does not allow for an appeal fee of all vehicle, weed and building/nuisance abatement appeals made to the Mayor and Common Council. Due to the time and preparation involved in hearing these appeals, it is proposed that an appeal fee of $75.00 be established. This fee will be charged to appellants who have previously protested to the Board of Building Commissioners and their protests have been denied. The ordinance allows for the reimbursement of the appeal fee at the discretion of the Mayor and Common Council should the appeal be granted. City Administrator Edwins explained the criteria used to establish the $75.00 fee. She stated that the Council can refund the fee to the appellant if the Council felt it were justified. The Council discussed the $75.00 appeal fee and requested that the refund fee be mandatory if the appeal is upheld. Council Member Miller made a motion, seconded by Council Member Estrada, that a public hearing be set for September 5, 1990, at 10:00 a.m., to consider the establishment of an appeal fee for all vehicle, weed and building abatement appeals made to the Mayor and Common Council; and that the proposed ordinance be amended as follows: in Sections 1, 2, and 3, substituting the words" "appeal fee shall be reimbursed" instead of "appeal fee can be reimbursed...". The motion carried by Members Estrada, Reilly, Council Member Pope-Ludlam. the following vote: Ayes: Counc il Maudsley, Minor, Miller. Nays: Absent: Council Member Flores. CHANGE ORDER NO. THREE - MODIFICATION OF ELECTRICAL SERVICE - CONSTRUCTION OF IMPROVEMENTS TO PERRIS HILL PARK - HUBBS EQUIPMENT & CONSTRUCTION (12) In a memorandum dated July 30, 1990, Roger Hardgrave, Director, Public Works/City Engineer, explained the problems with the electrical service involved in the construction of improvements to Perris Hill Park by Hubbs Equipment and Construction. During installation, the City was informed by the Edison Company that the existing oil switches were antiquated and unsafe for use. Additionally, there were problems with finding a proper location for the transformer and the fact that existing conductors did not meet the size requirements of the National Electrical Code. 11 8/20/90 Roger Hardgrave, Director of Public Works/City answered questions regarding the amount of funds overall in the contingency fund for the project anticipated balance after the project is funded. Engineer, available and the It was the consensus of the to this afternoon to allow Roger report of the contingency fund. Council to continue this matter Hardgrave to prepare a detailed (See page 2B) COUNCIL MEMBER MILLER EXCUSED At 10:25 a.m., Council Member Miller left the Council meeting. REPLACEMENT OF ABANDONED DRIVEWAYS - APPROVAL OF PLANS - ADVERTISE FOR BIDS (15) In a memorandum dated August 9, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that authorization was granted to proceed with the fill-in of thirteen abandoned driveways. A protest hearing was held and the protests were overruled. It was found and determined that the improvements were needed for public convenience and necessity. The Director of Public Works/City Engineer was directed to cause the installation of improvements to close abandoned driveways for any parcel for which the owner had not started construction by May 22, 1990. Council Members expressed concern about not going through the bid process. Roger Hardgrave, Director of Public Works/City Engineer, explained the process used. The Council recommended that staff delay action until a better price for construction can be obtained, then the request to fill-in abandoned driveways can be placed on the agenda again. Council Member Maudsley made a motion, seconded by Council Member Estrada, and unanimously carried, to continue the plan approval and authorization to advertise for bids for fill-in of abandoned driveways to the meeting of October 15, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. REPLACEMENT OF ABANDONED DRIVEWAYS - APPROVAL OF PLANS ADVERTISE FOR BIDS (16) In a memorandum dated August 9, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that authorization was granted to proceed with the fill-in of fifteen abandoned driveways. A protest hearing was held and the protests were overruled. It was found and determined that the improvements were needed for public convenience and necessity. The Director 12 B/20/90 of Public Works/City Engineer was installation of improvements to close any parcel for which the owner had not June B, 1990, except for Parcel No. continued to September 5, 1990. (See regarding the fill-in of these abandoned directed to cause the abandoned driveways for started construction by 140-211-47, which was discussion on Item 15 driveways.) Council Member Maudsley made a motion, seconded by Council Member Estrada, and unanimously carried, to continue the plan approval and authorization to advertise for bids for fill-in of abandoned driveways to the meeting of October 15, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino. RES. 90-359 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SMITHSON/DILLON ASSOCIATES '1'0 PERFORM CONSULTING SERVICES FOR PLANNING AND BUILDING SERVICES DEPARTMENT. (25) City Attorney Penman explained that insurance is usually required for contract agreements, but in this case, it is not recommended. Mr. Penman pointed out that there is limited exposure in this consultant contract agreement. He stated that Risk Management is not recommending the insurance provision. Council Member Minor made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution Ayes: Council Ludlam. Nays: No. 90-359 was adopted by the following vote: Members Estrada, Reilly, Maudsley, Minor, Pope- None. Absent: Council Members Flores, Miller. COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council meeting and took her place at the council table. PUBLIC HEARING - TO HEAR ORAL BIDS - SALE OF THREE CITY-OWNED PROPERTIES 1215 COLIMA ROAD AT GARNER- PROPERTY LOCATED BETWEEN RIALTO AVENUE AND BELLEVIEW AVENUE, WEST OF PENNSYLVANIA - PROPERTY LOCATED ON THE SOUTH SIDE OF RIALTO AVENUE, BETWEEN RANCHO AVENUE AND PENNSYLVANIA AVENUE (31) This is the time and place set for a public hearing to hear oral bids for the sale of three City-owned properties. In a memorandum dated August 6, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that according to established procedures and pursuant to action taken by Mayor and Council on July 16, 1990, Resolution No. 90-314, giving notice inviting bids, was adopted relative to the sale of three parcels of properties: 1215 Colima Road, ]5. 05-1B1A; triangular parcel 13 8/20/90 between Rialto Avenue and Belleview, west of Pennsylvania Avenue, 15.05-1B1C; and triangular parcel on the south side of Rialto Avenue, between Rancho Avenue and Pennsylvania Avenue, 15.05- 1B1D. PARCEL ONE - 1215 COLIMA ROAD AT GARNER - 15.05-181A Mayor Pro Tempore Reilly opened the hearing. Shauna Edwins, City Administrator, stated that no written bids had been received. Mayor Pro 'l'empore Reilly asked if there are any oral bids for parcel one located at 1215 Colima Road at Garner. There were no oral bids. Anne DeBolt, Real Property Specialist, regarding the property's appraisal and the bid of $29,000. answered questions established minimum Discussion ensued regarding the appraised value of the property and the asking price. The Council also discussed contacting a broker to place the property on multiple listing. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the hearing be closed; that because no bids were received relative to the sale of that certain City-owned property located at 1215 Colima Road (15.05-181A), in the City of San Bernardino, that the Real Property Section of the Public Works Department be authorized to re-advertise said property for sale with the understanding that a broker will be contacted to place the property on multiple listing and that the appraised value be lowered by ten percent. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 10:35 a.m., Council Member Pope-Ludlam left the Council meeting. PARCEL THREE - PARCEL LOCATED BETWEEN RIALTO AVENUE AND BELLEVIEW AVENUE. WEST OF PENNSYLVANIA AVENUE - 15.05-181C Mayor Pro Tempore Reilly opened the hearing. Anne DeBolt, Real Property Specialist, stated that no written bids were received. Mayor Pro Tempore Reilly asked if there are any oral bids for parcel three, located between Rialto Avenue and Belleview Avenue, west of Pennsylvania Avenue. 14 8/20/90 There were no oral bids. Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that the hearing be closed; that because no bids were received relative to the sale of that certain City-owned property located between Rialto Avenue and Belleview Avenue, west of Pennsylvania Avenue (15.05-181C), in the City of San Bernardino, that the Real Property Section of the Public Works Department be authorized to re-advertise said property for sale with the understanding that a broker will be contacted to place the property on multiple listing and that the appraised value be lowered by ten percent. PARCEL FOUR - SOUTH SIDE OF RIALTO AVENUE. BETWEEN RANCHO AVENUE AND PENNSYLVANIA AVENUE - 15.05-181D Mayor Pro Tempore Reilly opened the hearing. Anne DeBolt, Real Property Specialist, stated that no written bids were received. Mayor Pro Tempore Reilly asked if there for parcel four located on the south side between Rancho Avenue and Pennsylvania Avenue. are any oral bids of Rial to Avenue There were no oral bids. Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that the hearing be closed; that because no bids were received relative to the sale of that certain City-owned property located on the south side of Rialto Avenue, between Rancho Avenue and Pennsylvania Avenue (15.05-181D), in the City of San Bernardino, that the Real Property Section of the Public Works Department be authorized to re-advertise said property for sale with the understanding that a broker will be contacted to place the property on multiple listing and that the appraised value be lowered by ten percent. RES. 90-360 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND THE SAN BERNARDINO COMMUNITY AGAINST DRUGS WHERE THE CITY SHALL PROVIDE THE SAN BERNARDINO COMMUNITY AGAINST DRUGS THE SUM OF $44,500 FOR FISCAL YEAR 1990-91 FUNDING. (Continued from August 6, 1990) (32) Council Member Maudsley made a motion, seconded by Council Member Miller, that said resolution be adopted. Ayes: Nays: Resolution No. 90-360 was adopted by the following vote: Council Members Estrada, Reilly, Maudsley, Minor, Miller. None. Absent: Council Members Flores, Pope-Ludlam. 15 B/20/90 COUNCIL MEMBER POPE-LUDLAM RETURNED At 10:45 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. RES. 90-361 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN SAID CITY AND STACHE ENTERTAINMENT, INC. CONCERNING THE PROVIDING OF LAW ENFORCEMENT AND TRAFFIC CONTROL AT THE MAIN EVENT ROCK CONCERT HELD AT GLEN HELEN REGIONAL PARK ON SEPTEMBER 1, 2, AND 3, 1990. (33) City Attorney Penman stated that the promoters of the concert are not in agreement with the City as to the number of police officers required for law enforcement and traffic control at the rock concert. Mr. Penman explained that Stache Entertainment, Inc., is required to reimburse police personnel directly. He stated that a letter of credit for one-hundred and fifty percent above the total contract price must be furnished prior to execution the agreement. Council Member Minor made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 90-361 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Flores. RES. 90-362 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO PRIDE, INC. (Use of Fiscalini Field) (34) Annie Ramos, Director, Parks, Recreation and Community Services Department, answered questions regarding some of the language in the lease agreement stating that it was modeled after the agreement with the Spirit Baseball Club. The Council discussed possible repairs which might be required if a major disaster time frame involved to perform such repairs. to the occurred, facility and the Dennis Barlow, Senior Assistant City Attorney, explained that the lease agreement allows the City to notify the Lessee within fifteen days of its ability to repair the baseball park depending on the availability of sufficient funds. 16 B/20/90 Annie Ramos, Director of Parks, Recreation and Community Services Department, stated that a total of twenty-eight games have been scheduled by San Bernardino Pride, Inc. for the season, and pointed out that it is a much shorter season then the Spirit Baseball Club. Discussion ensued regarding the approximate number of people expected to attend each game. Council Member Minor made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution Ayes: Council Ludlam. Nays: Flores. No. 90-362 was adopted by the following vote: Members Estrada, Reilly, Maudsley, Minor, Pope- Council Member Miller. Absent: Council Member FINDINGS TO SUPPORT DENIAL OF CONDITIONAL USE PERMIT NO. 90-15 SALE OF BEER AND WINE FOR OFF-SITE CONSUMPTION AT MINI-MARKET NORTHWEST CORNER OF HIGHLAND AVENUE AND "H" STREET - CONTINUED FROM JULY 16, 1990 (35) This is the time and place continued to for consideration of findings to support 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 the northwest corner of Highland Avenue and "f1" Street. In a memorandum dated July 13, 1990, James Penman, City Attorney, stated that on July 2, 1990, the Mayor and Common Council in effect denied C.U.P. No. 90-15. A motion to deny C.U.P. No. 90-15 was not carried based on a three to three vote and no subsequent action to approve the C.U.P. was taken. Subsequently, the Council voted unanimously to direct the City Attorney to prepare findings in support of the denial of the C.U.P. No. 90-15. City Attorney Penman explained that this hearing as the hearing was previously closed. explained that the Council can only address support denial of the C.U.P. is not a public Mr. Penman also the findings to Discussion ensued regarding the approving the findings to support Permit No. 90-15. legalities involved with not denial of Conditional Use Council Member Minor made a motion, seconded by Council Member Estrada, to adopt the findings of fact in support of denial of Conditional Use Permit No. 90-15, as provided by the City Attorney's Office. 17 B/20/90 -"'_--~'----~---'---.-,----_._-_._-,~,.__.~---~-- The motion carried by Members Estrada, Reilly, Council Member Pope-Ludlam. the following vote: Ayes: Council Maudsley, Minor, Miller. Nays: Absent: Council Member Flores. COUNCIL MEMBER MINOR EXCUSED Council Member Minor left the Council meeting. APPEAL BOARD OF BUILDING COMMISSIONERS' ABATEMENT ACTIONS 555 WEST VICTORIA WILLIAM BRINGMAN- CONTINUED FROM AUGUST 6, 1990 (36) This is the time and place continued to for an appeal filed by William Bringman relative to the Board of Building Commissioners' finding regarding abatement actions at 555 West Victoria. In a memorandum dated July 23, 1990, Larry E. Reed, Director of Planning and Building Services, stated that on December 20, 19B9, an inspection was made on the property located at 555 West Victoria. The inspection revealed that the structure was open and vacant with trash and debris throughout the property. On December 25, 1989, the structure suffered major fire damage. On December 29, 1989, it was determined that the structure was still open presenting an immediate health and safety hazard. On January 10, 1990, the structure was abated at a cost of $7,172. The owner was notified of the abatement order. Council Member Estrada made a motion, seconded by Council Member Miller, and unanimously carried, that the appeal of Board of Building Commissioners' findings relative to abatement actions at 555 West Victoria, be continued to the meeting of September 17, 1990, in the Council Chamber, City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER MINOR RETURNED Council Member Minor returned to the Council meeting and took his place at the council table. FEE WAIVER & CO-SPONSORSHIP OF OPTION HOUSE PICNIC- SEPTEMBER 1, 1990 - PERRIS HILL PARK (37) In a memorandum dated August 6, 1990, John Kramer, Superintendent of Recreation, stated that he had received a request from Option House to use perris Hill Park and certain equipment for a fund raising event on September 1, 1990. Option House is also requesting a waiver of fees associated with the park and equipment usage. It was recommended that the City support this event in the amount of $575, as requested, from the City's promotion account. 1B B/20/90 Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that the fee in the amount of $575 for City services to be provided to Option House for a picnic be waived in accordance with Resolution No. B9-500 based upon the finding that the fees would create a financial hardship jeopardizing the event planned for such use and that the picnic will be of unusual benefit to the inhabitants and should be supported with public funds. 'fhe motion carried by the following vote: Ayes: Members Estrada, Reilly, Maudsley, Pope-Ludlam, Miller. Council Member Minor. Absent: Council Member Flores. Council Nays: FEE WAIVER & CO-SPONSORSHIP - INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE - SEPTEMBER 16, 1990 CELEBRATION AT NUNEZ PARK (38) In a memorandum dated August 13, 1990, Annie Ramos, Director of Parks, Recreation and Community Services, stated that she had received a request from the Inland Empire Hispanic Chamber of Commerce to use Nunez Park for its annual 16th of September celebration. The Chamber estimates that approximately 50,000 local area citizens attended the three day fiesta in 1989. The use of Nunez Park requires that equipment, such as picnic tables, trash cans, bleachers, barricades and other related items be added to the park. All of this requires the use of City forces. The Chamber requested that the fees and manpower costs of $12,74B incurred by the City for assisting in the celebration be waived. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, that the September 16, 1990, celebration at Nunez Park by the Inland Empire Hispanic Chamber of Commerce be co-sponsored by the City and the costs incurred by the use of City forces, equipment and Police personnel in the amount of $12,74B, be waived. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Maudsley, Pope-Ludlam, Miller. Council Member Minor. Absent: Council Member Flores. Council Nays: FEE WAIVER & CO-SPONSORSHIP RED RIBBON PARADE- OCTOBER 20, 1990 SAN BERNARDINO COMMUNITY AGAINST DRUGS (39) In a memorandum dated August 7, 1990, John Kramer, Superintendent of Recreation, stated that the San Bernardino Community Against Drugs, Inc., has requested that fees in the amount of $2,019 associated with the second annual Red Ribbon Parade scheduled for October 20, 1990, be waived. It is highly appropriate that the City be a partner in this event to help combat drugs in the community and the waiver of the fees was recommended. ]9 B/20/90 Council Member Estrada made a motion, seconded by Council Member Miller, that the Red Ribbon Parade scheduled for October 20, 1990, by the Community Against Drugs be co-sponsored by the City and the costs incurred by the use of City forces, equipment and Police personnel in the amount of $2,019, be waived. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Maudsley, Pope-Ludlam, Miller. Council Member Minor. Absent: Council Member Flores. Council Nays: RECESS MEETING At 11:10 a.m., Mayor Pro Tempore Reilly declared a ten minute recess. RECONVENE MEETING At 11:20 a.m., Mayor Pro Tempore Reilly 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 Krasney with the following being present: Mayor Pro Tempore Reilly; Council Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Mayor Holcomb; Council Members Flores, Miller. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY- REGULAR MEETING At 11:20 a.m., the regular meeting of the Community Development Commission/Redevelopment Agency was called to order by Vice-Chairman Estrada in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. RES. 90-363 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO PROJECT AGREEMENT AMONG THE CITY OF SAN BERNARDINO; DOANE PRODUCTS COMPANY; FIRST INTERSTATE BANK OF TEXAS, N.A.; FIRST NATIONAL BANK AND TRUST COMPANY OF JOPLIN; AND WELLS FARGO BANK, NATIONAL ASSOCIATION RELATING TO THE INDUSTRIAL DEVELOPMENT REVENUE NOTES OF 19B2. (R-5) RES. 90-364 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO RELATING TO THE DOROTHY INGRAM LIBRARY. (R-6) Council Member Pope-Ludlam made a motion, seconded by Council Member Minor, that said resolutions be adopted. 20 B/20/90 Resolution Nos. 90-363 and 90-364 were adopted following vote: Ayes: Council Members Estrada, Maudsley, Minor, Pope-Ludlam. Nays: None. Absent: Members Flores, Miller. by the Reilly, Council COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. RES. 90-365 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO THE STATE COLLEGE REDEVELOPMENT PROJECT AREA OF THE ACQUISITION OF CERTAIN PROPERTY FOR POLICE DEPARTMENT EXPANSION AND RELATED PARKING FACILITIES. (R-7) Council Member Minor made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 90-365 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor. Nays: None. Absent: Council Members Flores, Pope-Ludlam, Miller. RECESS MEETING - CLOSED SESSION At 11:30 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. ADJOURN CLOSED SESSION At 12:25 p.m., the Mayor and Common Council acting as the Community Development Commission reconvened from closed session and adjourned until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:10 p.m., Mayor Pro Tempore Reilly 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 Krasney with the following being present: Mayor Pro Tempore Reilly; Council Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Miller; Deputy City Attorney Empeno, City Clerk Krasney, City Administrator Edwins. Absent: Mayor Holcomb; Council Member Flores. 21 B/20/90 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 JUNE 18, 1990 (40) 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. Mayor Pro Tempore Reilly stated that a letter was received from Adams Advertising requesting a continuance to the meeting of November 5, 1990. Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that Conditional Use Permit No. 89-5, removal of billboard at 237 East 5th Street, be continued to the meeting of November 5, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. APPEAL - DENIAL OF VARIANCE NO. 90-09 - REVIEW OF PLANS NO. 89-87 - CONSTRUCTION OF OFFICE AND WAREHOUSE WITH OUTSIDE STORAGE (41) This is the time and place set to hear an appeal filed by Jimmie Cartee regarding Planning Commission's denial of Variance No. 90-09, and review of Plans No. B9-B7 for construction of office and warehouse with outside storage. In a memorandum dated August 7, 1990, Larry Reed, Director of Planning/Building Services, stated that Review of Plans B9-87 is a proposal to construct a two-story contractor's office and warehouse with outside storage on a 1.15 acre site located 900 feet north of Mill Street on the west side of Allen Street in the CH, Commercial Heavy land use designation. The applicant has requested a variance from Code Section 19.56.380 to use magnesium chloride or 6 inches of slag in lieu of paving the outside storage area to accommodate heavy equipment/loads. Mayor Pro Tempore Reilly opened the hearing. John Montgomery, Principal Planner, Planning/Building Services, gave the background of the appeal and Planning Commission's denial of Variance No. 90-09. He outlined the options available and staff's recommendation. Deputy City Attorney Empeno stated that the Attorney's Office, at the Planning Commission meeting, raised an objection of granting the variance. The basis of this objection was because of the nature of this request and the similarity to other 22 B/20/90 requests that are pending. advisable for the City to Section 19.56.380, Pavement to the applicant's request, variance. Mr. Empeno stated that it is more investigate amending Municipal Code Surfaces, which would provide relief and would also eliminate granting a Mr. Empeno read Municipal Code Section 19.56.380, which refers to asphaltic concrete surfacing or paving. Mr. Empeno explained that in a situation dealing with storage yards in industrial areas and there is a reason for deviating from asphalt or concrete pavement, it is a good idea to use the kind of surface the applicant is requesting. Mr. Empeno explained that the Municipal Code does not allow any deviation and that is why the applicant has requested a variance. The Council discussed a letter from Mr. Leonard Gonzales expressing concerns regarding the proposal. Jimmie Cartee, architect for the project, answered questions regarding dust control for the area. He stated that with the magnesium chloride or slag, there is no dust problem, as dust is absorbed into the ground. Discussion ensued regarding the block wall set back and mitigation of the concerns expressed by Mr. Gonzales. Jimmie Cartee described the materials used in magnesium chloride and slag pavements. John Montgomery, stating that there are of storage areas. Principal Planner, answered questions, no landscape requirements for these type Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the hearing be closed; that the appeal be upheld; and that Review of Plans No. B9-87 and Variance No. 90-09 be approved subject to the findings of fact and conditions in Attachment C; that the negative declaration be adopted; and that staff be directed to amend the Municipal Code Section 19.56. 3BO to allow appropriate surface materials based on the type of use. APPEAL - DEVELOPMENT REVIEW COMMITTEE'S APPROVAL OF LOT LINE ADJUSTMENT NO. 90-23 (42) This is the time and place set to hear an appeal filed by John Lightburn regarding the Development Review Committee's approval of Lot Line Adjustment No. 90-23, located on 3.3 acres at the northwest corner 01 Court Street and Arrowhead Avenue. 23 8/20/90 ----_._"--_.._~~..__._------_.__........._._.._---------.----... -,^ In a memorandum dated July 27, 1990, Larry Reed, Director of Planning and Building Services, stated that Lot Line Adjustment No. 90-23 combines thirteen lots into two lots consisting of a total of 3.3 acres. Lot line adjustments are categorically exempt from the provisions of CEQA (Section 15305), if new parcels are not created. The proposed configuration complies with all pertinent criteria set forth in the Municipal Code and is consistent with the General Plan. Mayor Pro Tempore Reilly recommended that referred to the Planning Commission since it reviewed by them. the had appeal be not been CITY ATTORNEY PENMAN RETURNED City Attorney Penman returned to the Council meeting and replaced Deputy City Attorney Empeno. Discussion ensued regarding the applicant having to pay an additional appeal fee, if the applicant is not satisfied with the Planning Commission's decision. City Attorney Penman explained that the applicant would not be required to pay an additional appeal fee, since it would be the Council's recommendation to refer the lot line adjustment appeal to the Planning Commission. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, that the appeal of the Development Review Committee's approval of Lot Line Adjustment No. 90-23, be referred to the Planning Commission. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Minor, Pope-Ludlam, Miller. Council Member Maudsley. Absent: Council Member Flores. Council Nays: CITY ATTORNEY PENMAN EXCUSED City Attorney Penman left the Council meeting and was replaced by Deputy City Attorney Empeno. TENTATIVE TRACT NO. 147Bl WITH ONLY ONE STANDARD MEANS OF ACCESS (43) This is the time and place set to consider approval of Tentative Tract No. 147B1, which is located on the east side of Lynwood Way approximately 176 feet south of Pacific Street and provides only one standard means of access. In a memorandum dated August 6, 1990, Larry Reed, Director of Planning and Building Services, stated that Tentative Tract No. 14781 is a proposed subdivision consisting of nineteen single-family lots on 7.55 acres. The project has only one standard means of ingress and egress which is via Valaria Drive 24 8/20/90 . ._._--_._-----_."._"--..-._-~----------- to Byron Street or Amanda Street. Pursuant to Munic ipal Code Section 1B.40.160, Subsection (B), the tentative map is required to provide for at least two different standard routes of access. Subsection (C) however, provides for exemptions from this requirement. John Montgomery, Principal Planner, explained that this is not an appeal, but is a technicality to comply with the code. He stated that Section 1B.41.160, Subsection (C), provides that one means of access may be approved by Council if the project is located outside the high fire hazard area and a traffic engineer study has been conducted and supports deleting the secondary access. Tom Similac, 1434 Lynwood Way, San Bernardino, California, expressed concern over the traffic survey completed for the area. He stated that the survey was not conducted during the school year. He requested that another traffic survey be done during the school year. Discussion ensued regarding when the traffic study was completed. Council Members survey and the manner determined. expressed concern regarding the traffic in which the days and the peak hours were Deputy City Attorney Empeno explained that in a memorandum dated July 24, 1990, the Fire Chief concurred with requiring only one standard means of access, with the condition that all homes in the tract have residential sprinklers and Class A roofs installed. Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, to direct staff to study the traffic stops and signs at Valaria and Pacific Streets; that Tentative Tract No. 147B1 be continued to the meeting of September 5, 1990; and that the Fire Chief and Traffic Engineer be present at that meeting. CITY ATTORNEY PENMAN RETURNED At 3:00 p.m., City Attorney Penman returned to the Council meeting and replaced Deputy City Attorney Empeno. ACQUISITION OF DELMANN HEIGHTS - WATER DEPARTMENT (S-l) In a memorandum dated August 15, ]990, Ken Henderson, Director of Community Development, stated that the Mayor and Council requested the acquisition of Delmann Heights water area, because of poor quality water service and the seriously deteriorated condition of the water mains and related system infrastructure. At the time of the request, the City informally agreed with the Water Department to pay the acquisition cost out 25 8/20/90 .--------.-,-------.....--.~~--~-+--.----,--.------.--'----.-_'___'_._________. .__n..__ of future Community Development Block Grant (CDBG) funds. The water system was acquired through eminent domain in which the East Valley Water District also participated by condemning the Southern California Water System in the Highland area. The condemnation suit has been completed and the acquisition cost for the entire system is $5,465,000. The City's share of this cost is $399,26B. This amount can be retired over a period of five (5) years at an interest rate of 7.5%. Ken Henderson, Director of that Community Development Block are to be considered as potential explained that if CDBG funds are annually over five years. Community Development, stated Grant and 20% set aside funds source of funds. Mr. Henderson to be used, they must be paid The Council expressed concern over the use of 20% set aside funds for the acquisition of the Delmann Heights water facility and explained that the 20% set aside funds are needed for use in housing projects. City Attorney Penman referred to a memorandum dated August 20, 1990 from Deputy City Attorney Roth outlining the use of 20% set aside funds and the legalities involved. The memo states that if the water service area is predominantly low-income, it would be legal to use 20% set aside funds. Ken Henderson stated that the Council must approve the first payment of $B9,970.72 for the next five years and direct the City Clerk to place the other allocations on the Council agenda for the succeeding four years concurrent with the annual CDBG public hearings. Mr. Henderson recommended that the acquisition of the Delmann Height system be contingent upon compliance with the National Environmental Policy Act and the California Environmental Quality Act. Council Member Estrada made a motion, seconded by Council Member Miller, to approve the first five (5) annual reimbursements to the Water Department of payments totalling $399,16B made to acquire the Delmann Heights water system contingent upon compliance with the National Environmental Policy Act and the California Environmental Quality Act; and direct the City Clerk to place item regarding acquisition of Delmann Heights water system on the Council agenda concurrent with the annual CDBG public hearing for the years 1991-1993. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Minor, Pope-Ludlam, Miller. Council Member Maudsley. Absent: Council Member Flores. Council Nays: 26 8/20/90 HOMELESS SERVICES ANALYST POSITION (S-2) In a memorandum dated August 16, 1990, Ken Henderson, Director of Community Development, stated that at the meeting of the Mayor and Common Council held on August 6, 1990, there was confusion regarding the changes to the job description for the Homeless Services Analyst. The new description fully incorporates all changes requested by the Homeless Ad Hoc Committee. The Council also directed staff to identify funds for this position. After review of statutes and regulations, staff determined that the most appropriate source of funding is the Redevelopment Agency's 20% Set Aside Housing fund. Ken Henderson, Director of Community Development, pointed out that the Homeless Ad Hoc Committee made some minor changes to the job description. One of the changes is the position title. The "Homeless Services Coordinator" position title was changed to "Homeless Services Analyst". Mr. Henderson summarized the other changes made to the job description. A revised job description was distributed. Pat Tyler, Property Manager, Foothill Villas Apartments, commented on the homeless services analyst position. Based on her past experience in working with the homeless, Ms. Tyler recommended to the Council that extreme caution be taken in selecting the person to fill the position. She stressed the importance of communication with the Department of Social Services and Housing and Urban Development in dealing with the homeless problems in the City of San Bernardino. Council Member Maudsley made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the job description for the position of Homeless Services Analyst be approved; that funds in the appropriate amount be appropriated from the Redevelopment Agency's Twenty Percent (20%) Set-Aside Low to Moderate Income Housing funds; and that the Director of Personnel be directed to establish an appropriate salary range based upon the representative duties and minimum and general qualifications set forth in the approved job description. Council Member Maudsley made a motion, seconded by Council Member Estrada, and unanimously carried, that the contract salary limit be set at $36,000 and that the contract period not exceed one year. 27 8/20/90 -.---_____._...~__.___,__w,..._~_~____~___.____~__..____~__._.__._ CHANGE ORDER NO. THREE - MODIFICATION OF ELECTRICAL SERVICE - CONSTRUCTION OF IMPROVEMENTS TO PERRIS HILL PARK HUBBS EQUIPMENT & CONSTRUCTION DISCUSSED EARLIER IN MEETING (12) This is the time and place continued to for approval of Change Order No. Three modification of electrical service at perris Hill Park. The contract increase is $B,865.99 and the work was performed by Hubbs Equipment and Construction Company. (See page 11) COUNCIL MEMBER POPE-LUDLAM EXCUSED At 3:35 p.m., Council Member Pope-Ludlam left the Council meeting. Discussion ensued regarding the estimated project cost of $259,500 and the actual total project cost of $232,581.99 after approval of Change Order No. Three. Roger Hardgrave, Director of Public Works/City Engineer, explained that after approval of Change Order No. Three, there would be a balance of $776.01 in the contingency fund. Council Member Estrada made a motion, seconded by Council Member Miller, and unanimously carried, that Change Order No. Three to the contract for construction of improvements to Perris Hill Park, in accordance with Plan No. 7556, be approved; to direct the contractor to modify the electrical service for an increase in the contract price of $B,865.99, from $223,716 to $232,5B1.99. REPORT RELATIVE TO ORANGE SHOW ROAD EXTENSION & CENTRAL AVENUE EXTENSION STUDIES (44) In a memorandum dated August 9, 1990, Larry Reed, Director of Planning/Building Services, stated that Orange Show Road and its easterly extension was designated as a major arterial on the circulation plan adopted as part of the General Plan to provide east-west access in the southern part of the City. Orange Show Road is proposed to extend east from its present location between "E" Street and Arrowhead Avenue to link with Pioneer Avenue over to Tippecanoe Avenue. At Tippecanoe Avenue it drops to the south and continues as San Bernardino Avenue over to Mountain View Avenue. The easterly extension of Orange Show Road to Tippecanoe would require construction of bridges at East Twin Creek and the Santa Ana River. It has been suggested that an extension of Central Avenue westerly through Orange Show Grounds instead of Orange Show Road would better serve this purpose. It may be necessary to have two east-west arterials to maintain an acceptable level of service. 28 8/20/90 - -- ___'_____w~_____.________.~,_________.,.________..__.__ - - ~-------_..._-,._~----._,--~._~--~-~....._.,---,-_. COUNCIL MEMBER ESTRADA EXCUSED At 3:40 p.m., Council Member Estrada left the Council meeting. Valerie Ross, Senior Planner, Planning and Building Services, gave a report regarding the cost and study of a General Plan amendment. Staff recommended that no action be taken until extension studies of Norton reuse and 1-215 widening alternatives are completed. Ms. Ross also recommended that the Public Works/Engineering Division take the lead role as it relates to the circulation element. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the Director of Public Works/City Engineer be directed to report back at the second Council meeting in January, 1991, relative to the status of the Orange Show Road and Central Avenue extension studies. ADJOURNMENT (45) At 3:45 p.m., Council Member Miller made a motion, seconded by Council Member Minor, and unanimously carried, that the Mayor and Common Council meeting be adjourned to Thursday, August 23, 1990, at 3:30 p.m., in the Redevelopment Agency Board Room, Fourth Floor, 300 North "D" Street, San Bernardino, California. RACHEL KRASNEY City Clerk , 7ft' By ;dU7/uIJ' 1fciuJaJ / Deputy Ci y Clerk No. of Items: 58 No. of Hours: 5 hrs. 45 min. 29 B/20/90