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HomeMy WebLinkAbout09-05-1990 Minutes City of San Bernardino, California September 5, 1990 This is the time and place set for an Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino at their Adjourned Regular Meeting held on Thursday, August 23, 1990, at 3:30 p.m., in the Redevelopment Agency Board Room, Fourth Floor, City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the Order of Adjournment of said meeting held on Thursday, August 23, 1990, and has on file in the office of the City Clerk an affidavit of said posting together with a copy of said Order which was posted at 3:00 p.m., Friday, August 24, 1990, on the door of the place which said meeting was held. The Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Pro Tempore Flores at B:34 a.m., 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 Flores; Council Members Reilly, Flores, Maudsley, Minor; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Mayor Holcomb; Council Members Estrada, Pope-Ludlam, Miller. RECESS MEETING - CLOSED SESSION At B:34 a.m., the Mayor and Common Development Commission of the City of San closed session for the following: (1 & R-7) Council and Community Bernardino recessed to 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; 1 9/5/90 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 Ii tigation 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 litigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending Section decide g. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section 54956.9(a) as follows: 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 BB-461 AHS (RWRx); Charlotte Reynolds vs. Citv 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; City of Redlands vs. Inland Vallev Development Aoency, 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 Bridoes vs. City of San Bernardino - San Bernardino Superior Court Case No. 220322; Joy Y. Reynolds vs. City of San Bernardino - Los Angeles Superior Court Case No. BC002117; Matthew Hobbs vs. Ci tv of San Bernardino - San Bernardino Superior Court Case No. 25097]. 2 9/5/90 ADDITIONAL CLOSED SESSION ITEMS City Attorney Penman stated that the following cases arose subsequent to the posting of the Council agenda and will be discussed in closed session: City vs. San Bernardino Valley Conservation District - San Bernardino Superior Court Case No. 231454; SBPOA vs. City of San Bernardino - San Bernardino Superior Court Case No. 239366; San Bernardino County vs. City (RDA) Superior Court Case No. 258241. San Bernardino CLOSED SESSION At B:34 a.m., Mayor Pro Tempore Flores 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 Flores; Council Members Reilly, Flores, Maudsley, Minor; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Mayor Holcomb; Council Members Estrada, Pope-Ludlam, Miller. Also present: Deputy City Attorney Simmons. READING Deputy resolutions Development OF RESOLUTIONS AND ORDINANCES City Clerk Jones read the titles and ordinances on the regular Commission agendas. of and all the Community DEPUTY CITY ATTORNEY SIMMONS EXCUSED Deputy City Attorney Simmons left the closed session. COUNCIL MEMBER At 8:36 a.m., closed session. POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the MAYOR HOLCOMB ARRIVED At B:50 a.m., Mayor Holcomb arrived at the closed session. BERNEY KERSEY ARRIVED At 8:50 a.m., Berney Kersey, General Manager of the Water Department, arrived at the closed session. ADJOURN CLOSED SESSION At 9:15 a.m., the closed session adjourned to the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino. 3 9/5/90 RECONVENE MEETING At 9:30 a.m., Mayor Holcomb called the Adjourned Regular Meeting of the Mayor and Common Council to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, City Clerk Krasney, City Administrator Edwins. Absent: None. INVOCATION The invocation was given by Rev. Greg Langley, Crestview Baptist Church. PLEDGE OF ALLEGIANCE ~'he pledge of allegiance was led by Council Member Pope- Ludlam. ANNOUNCEMEm's BY MAYOR REDUCTION IN CIGARETTE TAX FUNDS F'ROM STATE OF CALIFORNIA (2) Mayor Holcomb spoke regarding the reduction in cigarette tax funds from the State of California. He stated that the State has reduced the amount of cigarette tax revenues allocated to local governments. He also stated that the State of California has authorized the counties to charge cities for booking prisoners and collecting property taxes. Because of these actions, the City may be faced with additional costs in the amount of two million dollars. He suggested that the City search for budget cuts and think of additional revenue enhancements to offset the shortfall in the City's budget. PUBLIC COMMENTS - REV. GREG LANGLEY (3) Rev. Greg Langley, Crestview Baptist Church, on behalf of a group of pastors, thanked the Mayor and Council for doing a fine job in representing the citizens of San Bernardino. PROCLAMATION - INTERNATIONAL LITERACY B, 1990 Lorraine Velarde, Executive Assistant to the proclamation declaring September B, 1990, as Literacy Day in the City of San Bernardino. DAY - SEPTEMBER (5 ) Mayor, read a International Robert Ewing, City Librarian, John Henderson, Student Tutor Trainer, S' Ann Freeman, Literacy Program Coordinator, and Ray Stearn were present to accept the proclamation. 4 9/5/90 Ms. S'Ann Freeman and Mr. Henderson commented on the Literacy Program. Mr. Henderson stated that volunteer tutors from each City department are needed to help recruit and evaluate learners ln the Literacy Program. Mr. Henderson extended an invitation to the Council and audience to participate in the activities scheduled for 9:00 a.m. to 3:00 p.m., September 10, 1990, at the City Hall Plaza. PROCLAMATION SEPTEMBER, 1990 Lorraine Velarde, proclamation declaring Safety Awareness Month BICYCLE SAFETY AWARENESS MONTH- ( 5 ) Executive Assistant to the Mayor, read a the month of September, 1990, as Bicycle in the City of San Bernardino. James Celano, District Manager, Automobile Club of Southern California, BOB W. 2nd Street, San Bernardino, was present to accept the proclamation. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council meeting. PROCLAMATION - WELLNESS MONTH - SEPTEMBER, 1990 (5) Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring the month of September, 1990, as Wellness Month in the City of San Bernardino. Victor Lorch, Director of Risk Management, and Jan Burch, City Nurse, were present to accept the proclamation. COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council meeting. APPOINTMENT WALLACE JAMES ALLEN COMMUNITY TV COMMISSION (4) In a memorandum dated August 27, 1990, Mayor W. R. II Bob II Holcomb requested the appointment of Wallace James Allen to the Community TV Commission, representing the Sixth Ward. Council Member Pope-Ludlam gave the oath of office to Wallace James Allen. Council Member Minor made a motion, seconded by Council Member Flores, and unanimously carried, that the appointment of Wallace James Allen to the Community TV Commission as requested by Council Member Pope-Ludlam, be approved. COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council meeting and took her place at the council table. 5 9/5/90 WAIVE READING OF RESOLUTIONS AND ORDINANCES (6) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas be waived. APPROVAL OF COUNCIL MINUTES - AUGUST 6, 1990 AND AUGUST 23, 1990 (7) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that the minutes of the meeting held on August 6, 1990, of the Mayor and Common Council of the City of San Bernardino, be approved as submitted in typewritten form. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that the minutes of the meeting held on August 23, 1990, of the Mayor and Common Council of the City of San Bernardino, be approved as submitted in typewritten form. Council Member Flores stated that voting on the minutes dated August 23, from the meeting. he would abstain from ]990, as he was absent The motion Members Reilly, None. Absent: Member Flores. carried by the following vote: Ayes: Maudsley, Minor, Pope-Ludlam, Miller. Council Member Estrada. Abstain: Council Nays: Council REORGANIZATION OF EMERGENCY SERVICES AND TELECOMMUNI- CATIONS DIVISION (B) In a memorandum dated August 22, 1990, Shauna Edwins, City Administrator, recommended reorganization of the Emergency Services Division. She proposed transferring the disaster preparedness functions to the Fire Department and the communications maintenance functions to the Telecommunications Division. The proposed consolidations were recommended to ensure better coordination in disaster response, and better utilization of available personnel in the event of a disaster. City Administrator Edwins included in her memorandum a job description for the Disaster Preparedness Coordinator, an organizational chart of the City's Fire Department, and a proposed organizational chart of the Telecommunications Division. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that the position of Director of Emergency Services range 4414 ($35B5 - $435B) be changed to Disaster Preparedness Coordinator at range 4404 ($3326 - $4043) and be placed in the Fire Department. 6 9/5/90 Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that the position of Emergency Services Representative be retitled Disaster Preparedness Representative and be placed in the Fire Department. Council Member Pope-Ludlam made a motion, Council Member Miller, and unanimously carried, that of Clerk Typist III in the Emergency Services deleted. seconded by the position Division be Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that the positions of Senior Electronics Technician, Electronics Technician (3) be transferred from the Emergency Services Division to the Telecommunications Division. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that the salary range for the Director of Telecommunications be adjusted from range 4414 ($3496 - $4250) to range 4468 ($457B - $5564). Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that the Director of Personnel be directed to prepare an amendment to Resolution No. 6433. CONSTRUCTION OF CURBS AND GUTTERS TENTH STREET BETWEEN "D" STREET AND ARROWHEAD AVENUE - APPROVAL OF CDBG FUNDING IN AMOUNT OF $10,000 (9) In a memorandum dated August 21, 1990, Kenneth J. Henderson, Director of Community Development, stated that on July 23, 1990, Council Member Jack Reilly sent a memorandum to the Director of Public Works/City Engineer concerning the drainage problems occurring on Tenth Street, between "D" Street and Arrowhead Avenue. The problem exists because of inadequate curbs and gutters which sag causing an accumulation of stale water. An investigation was made by staff to determine if CDBG funds could be utilized and if the project met HUD eligibility requirements. The investigation determined that the project was eligible for CDBG funding. On August 6, 1990, the Community Development Citizens Advisory Committee recommended funding this project~ Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that CDBG funding in the amount of $10,000 to finance the construction of curbs and gutters on Tenth Street, between "D" Street and Arrowhead Avenue, to assist in the elimination of drainage problems in the affected area, be approved. 7 9/5/90 CONSTRUCTION OF PATIO CANOPY - CENTER FOR INDIVIDUALS WITH DISABILITIES CDBG FUNDING IN THE AMOUNT OF $2,500 (10) In a memorandum dated August 16, 1990, Kenneth J. Henderson, Director of Community Development, stated that CDBG funding in the amount of $5,000.00 was approved by the Mayor and Common Council in June, 19B8, for the construction of a patio canopy adjacent to the Center for Individuals with Disabilities' kitchen area. The Director of Parks, Recreation and Community Services has requested an additional $2,500 to enable the project to be completed. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that CDBG funding for the Center for Individuals with Disabilities in the amount of $2,500 be approved to cover higher construction cost estimate for construction of a patio canopy; and that the total amount awarded to this project be increased to $7,500. RECLASSIFICATION OF COORDINATOR OF VOLUNTEERS POSITION - DEPARTMENT OF PARKS, RECREATION AND COMMUNITY SERVICES (12) In a memorandum dated August 20, 1990, Diana M. Ramirez, Personnel Analyst, stated that a request was received from the Director of Parks, Recreation and Community Services to make the current classification of Coordinator of Volunteers a full-time position. The Council Personnel Committee at its meeting of August 9, 1990, approved this request and recommended full Council approval. In a memorandum dated July 1B, 1990, Annie F. Ramos, Director of Parks, Recreation and Community Services, stated that the request to reclassify the Coordinator of Volunteer's position from part time to full time is being made because of past experiences which have shown that it is extremely difficult to recruit the calibre of person required for this position. By changing the position to full time and providing fringe benefits, it is believed that recruitment would improve and the position may be filled with a person who would be less likely to leave after a short period on the job. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that one position "Coordinator of Volunteers" be added to the Parks, Recreation and Community Services Department's budget. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that the Director of Personnel be instructed to update Resolution 6433, and Resolution 6413. B 9/5/90 CLAIMS AND PAYROLL (14) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that the claims and payrolls, and the authorization to issue warrants as listed on the memorandum dated August 27, 1990, from the Director of Finance, be approved. PERSONNEL ACTIONS (15) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated August 22, 1990, in accordance with all administrative regulations of the City of San Bernardino, be approved. BOARD OF BUILDING COMMISSIONERS' ORDERS (16) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that said orders be filed: BBC 1416 William Fields 2864 North liE II Street BBC 1420 Jain Lai 545 W. Victoria BBC 1421 Marla Rose Wirsz 200 W. 11th Street BBC 1423 Joseph Kaplan B47 N. "E" Street BBC 1424 Joseph Fiorenza 307 N. Macy BBC 1425 Lucile Sudbury 3]07 N. Gardena Avenue BBC 1427 Ronald Kemper 2005 McKinley, A,B,C, & D BBC 1428 Orbit Stations, Inc. 90B N. Tippecanoe BBC 1429 Arthur Lee 2833 N. California BBC 1430 Ed Varvello 630 N. IFF" Street BBC 1432 Milton & Hazel 937 N. HG" Street Jaramillo BBC 1433 Aetna Finance Co./ 20B9 N. Mt. Vernon Ave. ITT Finance Services BBC 1434 Sei Heon Ham ]650 N. Mt. Vernon Ave. RES. 90-368 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 86-462 ENTITLED IN PART "RESOLUTION WITH GREAT WESTERN SAVINGS FOR SERVICES AS ADMINISTRATOR OF THE CITY'S DEFERRED COMPENSATION PLAN"; TO ADD ADDENDUM TO AGREEMENT WHICH APPROVES TWENTIETH CENTURY INVESTORS AS AN ADDITIONAL FUNDING VEHICLE. (17) RES. 90-369 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 11Bl ENTITLED IN PART "A RESOLUTION. . PROVIDING FOR THE APPOINTMENTS OF A MAYOR PRO TEMPORE. . " ; AND ESTABLISHING SUCH APPOINTMENTS FOR THE 1989-90 AND 1990-91 FISCAL YEARS, EFFECTIVE JULY 1, ]9B9. (lB) 9 9/5/90 RES. 90-370 A RESOLUTION OF THE CITY OF SAN BERNARDINO, ESTABLISHING THE APPROPRIATION LIMIT FOR THE FISCAL YEAR 1990/9] FOR THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE CALIFORNIA CODE, AND REPEALING RESOLUTION NO. B7-214. (19) RES. 90-371 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A WORKSITE AGREEMENT BETWEEN THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT SPECIAL EDUCATION DEPARTMENT AND THE CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT FOR PROVIDING WORKSITES FOR A SPECIAL EDUCATION CAREER AND VOCATIONAL TRAINING PROGRAM. (20) RES. 90-372 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. 9B1 BY EXPANDING THE BOUNDARIES THEREOF TO INCLUDE ADDITIONAL TERRITORY IN THE DISTRICT FOR THE MAINTENANCE OF LANDSCAPING IN THE AREA OF MERIDIAN AND RANDALL AVENUES; ORDERING THE AMENDMENT AND EXPANSION OF THE DISTRICT; THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 DOES NOT APPLY AND APPROVING AMENDED ASSESSMENT DISTRICT DIAGRAM MAP NO. 9Bl. (22) RES. 90-373 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 141]8, LOCATED ON THE WEST SIDE OF PENNSYLVANIA AVENUE, APPROXIMATELY 700 FEET NORTH OF MILL STREET, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT WITH AMENDMENTS FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (23) RES. 90-374 - RESOLUTION OF THE CITY OF SAN BERNARDINO DESIGNATING THE SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION (SANBAG) AS THE AGENCY TO DEVELOP A CONGESTION MANAGEMENT PROGRAM. (24) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that said resolutions be adopted. Resolution Nos. 90-368, 90-369, 90-370, 90-371, 90-372, 90- 373, and 90-374 were adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Estrada. 10 9/5/90 CONTINUING APPROPRIATION AND ENCUMBRANCE CARRYOVERS FOR 19B9/90 (11) In a memorandum dated August 20, 1990, Andrew Green, Director of Finance, provided a list of the 1989/90 continuing appropriations and encumbrances for the 1990/91 budget. These items represent 19B9/90 unexpended budget dollars and open purchase orders. Traditionally these carry-overs consist of equipment items, capital items or items for which the City is obligated. The carryover lists were not prepared concurrent with the 1990/91 budget adoption due to the additional time needed for receipt and processing of 19B9/90 vendor invoices. City Administrator Edwins requested that, City's current funding shortage, this matter be City may reevaluate the proposed carryover list. in view of the continued so the Council Member Minor made a motion, seconded by Council Member Maudsley, and unanimously carried, that the approval of the 1989/90 continuing appropriation and encumbrance carryovers be continued to September 17, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. FORMATION OF AN ACQUISITION ASSESSMENT DISTRICT- OFFSITE IMPROVEMENTS IN TENTATIVE TRACT NO. 14503- CAJON BOULEVARD, SOUTH OF PEPPER LINDEN DRIVE - CENTURY HOMES (13) In a memorandum dated August 21, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that Assessment District No. 977 was formed to acquire a portion of the public improvements installed by Tracts No. 14184 and 14185, at Cajon Boulevard and June Street. Formation of this assessment district allowed some of the improvement costs to be financed, which encouraged sales by reducing the initial purchase price. In a letter dated July 18, 1990, Bob Diehl, Project Director, Century Homes, requested that another assessment district be formed to acquire a portion of the public improvements. Formation of this district would allow the buyers in the new tract to purchase homes at a competitive price like the ones in the two existing tracts. Bob Diehl, Project Director for Century Homes, 1535 South "D" Street, explained the purpose for forming another assessment district for the public improvements ln Tentative Tract No. 14503. He stated that by creating this assessment district, many people would be able to qualify and buy these homes. He stated that the expected assessment costs would be approximately $600.00 per year. 11 9/5/90 Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that the City Engineer and City Clerk be authorized to initiate proceedings for the establishment of an assessment district under the provisions of the Municipal Improvement Act of 1913 and the Improvement Bond Act of 1915 to cover the acquisition of a portion of the off-site improvements in Tentative Tract No. 14503 in the City of San Bernardino, and to do all things necessary to bring the project to a timely completion; and that the use of the consultants for Assessment District No. 977 be approved without going through the request for proposals process. RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 90-05 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (21) (Continued to later in the afternoon) (See page 30) It was pointed out that state law requires that a public hearing be held before adoption of a general plan amendment. Council Member Ninor made a motion, seconded by Council Member Miller, and unanimously carried, that the resolution adopting the negative declaration of environmental impact and adopting General Plan Amendment No. 90-05 be continued to 2: 30 p.m., September 5, 1990, in Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, for a public hearing. REQUEST FOR HEARING - WESTSIDE ACTION GROUP (29) In a letter dated August 20, 1990, W. B. Jefferson, President, Wests ide Action Group, P.O. Box 7297, San Bernardino, Ca., requested that the following key issues be placed on the Council's agenda for discussion: 1) equal opportunity and affirmative actions; 2) modify Resolution No. B7-373, and related municipal codes and ordinances that address contract compliance and the City's minority business program; and 3) review a personnel matter with the Westside Action Group (WAG) in closed session related to equity in management appointments. Council Member Pope-Ludlam made a motion, seconded by Council Member Minor, and unanimously carried, that the request of the Wests ide Action Group to discuss the matters outlined in its letter dated August 20, 1990, be referred to the Council Personnel Committee meeting to be held on October 4, 1990. COUNCIL MEMBER MAUDSLEY EXCUSED Council Member Maudsley left the Council meeting. 12 9/5/90 PUBLIC HEARING - ANNEXATION OF TERRITORY NORTH OF 1-10 FREEWAY, EAST OF TIPPECANOE AVENUE - ANNEXATION NO. 342 - LAFCO 2599 (25) In a memorandum dated Augus.t 15, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, requested a public hearing for adoption of the resolution ordering Annexation No. 342, a territory generally located north of the 1-10 Freeway, between Tippecanoe Avenue and Mountain View Avenue. In a letter dated September 4, 1990, William R. Heers, Chief Executive Officer, John C. Heers, Inc., 1450 E. Cooley Drive, Colton, CA 92324, requested a six-month continuance of the hearing on Resolution No. 90-342 for the proposed annexation. The purpose of the continuance will be to resolve the problems associated with the annexation, and the possibility of entering into an annexation agreement with the City together with an amendment to the General Plan. Mr. Heers explained that under the proposed annexation, he could possibly lose sixty units and encounter numerous unknown stumbling blocks that he would not encounter if he stayed in the County. In a letter dated August 31, 1990, addressed to William R, Heers, Serrano Homes, 1450 E. Cooley Drive, Colton, Ca. 92324, Larry Reed, Director of Planning and Building Services, provided comments regarding the multi-family project located at the northeast corner of the 1-10 Freeway and Richardson Street. He stated that the subject property is designated RM, Residential- Medium, in the City's General Plan. This property is not presently within the City limits, but is within the City's Sphere of Influence. The density of multi-family projects allowed in the RM designation is fourteen dwelling units per gross acre. RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THAT LESS THAN TWENTY FIVE PERCENT OF PROTESTS BY REGISTERED VOTERS AND PROPERTY OWNERS HAVE BEEN FILED AND APPROVING ANNEXATION NO. 342 (LAFCO 2599) FOR THE TERRITORY GENERALLY LOCATED NORTH OF THE 1-10 FREEWAY, BETWEEN TIPPECANOE AVENUE AND MT. VIEW AVENUE AND DETACHMENT FROM CSA 38, CSA 70 AND CSA SL-]. (25) Shauna Edwins, City Administrator, stated that Mr. Heers has requested a continuance of this matter. Mayor Holcomb suggested that a pre-annexation agreement be established, that the proposed annexation be approved, and that a General Plan amendment be approved to allow seventeen units per acre. Mayor Holcomb opened the hearing. 13 9/5/90 Thomas L. Miller, attorney representing John C. Heers, Inc., explained the problems associated with the proposed annexation. He stated that there would be no need for a continuance if the City would approve a General Plan amendment to keep the zoning consistent with that in the County. A discussion ensued regarding the number of units per acre needed to keep the same zoning designations as the County. Mr. Miller answered questions of the Council regarding other projects that have been built by Mr. Heers. Mr. Miller pointed out that his client, Mr. Heers, wishes to avoid having to go through the City's planning process, as he has already had a final map processed, approved and recorded by the County. Larry Reed, Director of Planning and Building Services, stated that staff supports the request to allow seventeen units per acre. However, he requested time to analyze the differences in the County's R-3 zoning designation and the City's R-3 zoning designation. He stated that a recommendation could be made later in the afternoon. Council Member Minor made a motion, seconded by Council Member Reilly, and unanimously carried, that the public hearing and resolution ordering Annexation No. 90-342, be continued to 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (See page 25) COUNCIL MEMBER MAUDSLEY RETURNED Council Member Maudsley returned to the Council meeting and took his place at the council table. PROTEST HEARING ASSESSMENT DISTRICT NO. 997 CHESTNUT AREA LANDSCAPING (26) In a memorandum dated August 13, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated the subdividers for Tracts No. 13603 and 13307 are being required to install landscaping for the entire width of the vacated Chestnut Avenue adjoining their respective tracts and to establish the maintenance district. To assess the two tracts only for the maintenance of this area which is estimated at $31,354.00 annually would be prohibitive. Therefore, all of the area which adjoins the Chestnut landscape area will eventually be included in the district as they subdivide to spread the costs more equitably over the larger area of benefit. Mayor Holcomb opened the hearing. 14 9/5/90 Alan Walters, 4933 "F" Street, San Bernardino, Ca., owner of the Christmas Tree Farm located at 3118 Belmont Avenue, protested the formation of Assessment District No. 997, landscaping and maintenance of the Chestnut area. Mr. Walters read from his letter dated August 30, 1990, citing several reasons for opposing the assessment district. A copy of his letter is attached to the staff report dated August 13, 1990. Roger Hardgrave, Director of Public Works/City Engineer, stated that Mr. Walter's property could be deleted from the assessment district, but suggested that Mr. Walters be required to join the district, as the undeveloped area is being developed. A discussion ensued regarding other properties that would be included in the assessment district. Council Member Minor made a motion, seconded by Council Member Reilly, that the protests, if any, be overruled, the hearing be closed, and find and determine that the public convenience and necessity require the proposed maintenance of landscaping in the Chestnut area, and that the Special Assessment, Investigation and Limitation Act of 1931 shall not apply; and that the following resolution be adopted. A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED MAINTENANCE OF LANDSCAPING IN THE CHESTNUT AREA, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 997, ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY. (4/5ths roll call vote is required) (26) Senior Assis.tant City Attorney Barlow stated that six affirmative votes are needed to waive the Special Assessment, Investigation and Limitation Act of ]931. The motion failed by the following vote: Ayes: Members Reilly, Maudsley, Minor, Pope-Ludlam, Miller. Council Member Flores. Absent: Council Member Estrada. Council Nays: Council Member Minor made a motion, seconded by Council Member Flores, and unanimously carried, that the protest hearing on Assessment District No. 997 be continued to 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (See page 26) 15 9/5/90 PUBLIC HEARING ESTABLISHMENT OF APPEAL FEES- VEHICLE, WEED AND BUILDING ABATEMENT APPEALS BEFORE MAYOR AND COMMON COUNCIL (27) In a memorandum dated July 31, 1990, Shauna Edwins, City Administrator, stated that the Municipal Code does not allow car an appeal fee of all vehicle, weed and building/nuisance abatement appeals made to the Mayor and Common Council. Because of the time and preparation involved with scheduling and 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 reimbursement of the appeal fee at the discretion of the Mayor and Common Council should the appeal be granted. RES. 90-375 - RESOLUTION OF ESTABLISHING A FEE FOR BUILDING/NUISANCE ABATEMENT AND COMMON COUNCIL. THE CITY OF SAN BERNARDINO ALL VEHICLE, WEED AND APPEALS MADE TO THE MAYOR (27) AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS B. 27.060, B. 33.060 AND B. 36 .120 OF THE SAN BERNARDINO MUNICIPAL CODE REQUIRING A FEE FOR VEHICLE, WEED OR BUILDING/NUISANCE ABATEMENT APPEALS MADE TO THE MAYOR AND COMMON COUNCIL. FIRST (27) A member of the Council expressed concern that the $75.00 appeal fee may be too expensive for people on a limited income. Council Member Reilly made a motion, Member Flores, that the hearing be closed; be adopted; and that said ordinance be passage. seconded by Council that said resolution laid over for final The motion carried by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Miller. Nays: Council Member Pope-Ludlam. Absent: Council Member Estrada. Resolution No. 90-375 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Miller. Nays: Council Member Pope-Ludlam. Absent: Council Member Estrada. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 15.20.050 OF THE SAN BERNARDINO MUNICIPAL CODE TO REQUIRE LANDSCAPING PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR SPECIFIED BUILDINGS VACANT MORE THAN 180 DAYS. FIRST (30) In a memorandum dated August 24, 1990, Larry E. Reed, Director of Planning and Building Services, stated that at the request of the Mayor and City Administrator, an ordinance was 16 9/5/90 developed to require landscaping prior to issuance of a certificate of occupancy for buildings vacant more than 1BO days. On July 2, 1990, the ordinance ,ias referred to the Legislative Review Committee. The Legislative Review Committee reviewed the ordinance and recommended several options for enforcing the proposed ordinance. Discussion ensued regarding the number of vacant buildings in the City that would require landscaping prior to the issuance of a certificate of occupancy. Council Member Reilly made a motion, seconded by Council Member Flores, that the first reading of the ordinance amending Section 15.20.050, to require landscaping prior to issuance of a certificate of occupancy for buildings vacant more than 1BO days; be waived and laid over for final adoption; and that the negative declaration be adopted. The motion carried by the following vote: Ayes: Members Reilly, Flores, Maudsley, Minor, Miller. Nays: Member Pope-Ludlam. Absent: Council Member Estrada. Council Council COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. REPLACEMENT OF ABANDONED DRIVEWAYS CHAPTER 12.92 IMPROVEMENTS - NORTHEAST CORNER OF "E" AND BTH STREETS - CONTINUED FROM MAY 7, 1990 (31) This is the time and place continued to for discussion on the replacement of abandoned driveways at the northeast corner of "E" and 8th Streets. In a memorandum dated August 2B, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that Parcel Number 140-211-47 was continued from May 7, 1990, in response to the owner's protest that there was a proposed development on the property. However, that development has not progressed. The owner has, therefore, obtained a Public Works Construction Permit to replace the abandoned driveways. For this reason, it is recommended that this parcel be deleted from the list of Chapter 12.92 improvements. City Administrator Edwins recommended that this matter be tabled. Council Member Flores made a motion, seconded by Council Member Miller, and unanimously carried, that the matter relative to the replacement of abandoned driveways at the northeast corner of "E" and Bth Streets, be tabled. 17 9/5/90 <--..------- - ----'_...._----".."<<---,._-_._.~..._.,--,_..__.._~-_._---_.. --_."..._~-------------- - - ----- -------,--,-------_. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. APPEAL BOARD OF BUILDING COMMISSIONERS' ABATEMENT ACTIONS - 943 PENNSYLVANIA - ENOS DENNIS - CONTINUED FROM AUGUST 6, 1990 (32) This is the time and place continued to for an appeal filed by Enos Dennis on the Board of Building Commissioners' finding to abate property located at 943 Pennsylvania. This matter was continued from August 6, 1990, at the request of the appellant. In a memorandum dated July 24, 1990, Larry Reed, Director of Planning and Building Services, stated that an inspection was made on the property and a junk yard business was found to exist. The previous owner, Mary Mannings, was notified of the violations and ordered to cease operation. On August 31, 19BB, the City abated the property, incurring costs of $13,571.81. A new owner, Enos Dennis, acquired t.he property after abatement actions and costs had been incurred. It was noted that prior to the case going before the BBC, severe fire damage had occurred to the structure. **Note: It was noted that the costs of the abatement had been reduced by $1,727.66, in accordance with City Res. 90-100. The corrected abatement cost is $11,B44.15. Mayor Holcomb opened the hearing. Enos Dennis, 1247 E. B7th Place, Los Angeles, CA 90002, requested that the administrative costs be deleted from the costs of abatement. She felt that as new owners of the property, the City should recover the abatement costs from the previous owner. City Administrator Edwins gave background information regarding the property at 943 Pennsylvania. She explained that no title search was conducted when the property was first bought. Mrs. Dennis explained the circumstances that transpired from the time the property had been acquired. Mrs. Dennis inquired whether or not there are laws which allow a property owner to make installment payments rather than paying the lien costs in full. City Administrator Edwins answered questions, explaining that when a lien is placed against the property, the lien is paid along with the property taxes, payable in two installments in the months of November, 1990 and April, ]991, but if a property owner refuses to pay the property taxes, the County can force the sale of the property in five years. 1B 9/5/90 Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the hearing be closed; that the Board of Building Commissioners' finding of July 6, 1990, that the City incurred costs in the amount of $11,844.15, for the abatement actions at 943 Pennsylvania, and the BBC Order to incur the costs as a lien against the property and a personal obligation to the owner(s) be upheld; and that the owner be directed to demolish the fire damaged structure. WAIVER OF FEES FOR USE OF SECCOMBE LAKE PARK - FOURTH ANNUAL MEXICAN INDEPENDENCE CELEBRATION - SEPTEMBER 15, 1990 - CASA RAMONA, INC. (S-l) In a memorandum dated August 29, 1990, Annie F. Ramos, Director of Parks, Recreation and Community Services, stated that Cas a Ramona, Inc., and Events Marketing, Inc., have scheduled the use of Seccombe Lake Park for their Fourth Annual Mexican Independence Celebration on September 15,1990. Casa Ramona, Inc., a non-profit corporation, has requested a waiver of the fees and costs involved for the use of the park in the amount of $5B1.00. Council Member Maudsley made a motion, seconded by Council Member Miller, and unanimously carried, that the fee in the amount of $581. 00, for City services to be provided to Casa Ramona, Inc., for their Fourth Annual Mexican Independence Celebration, be waived in accordance with Resolution No. B9-500 and based upon the finding that the fees would create a financial hardship jeopardizing .the event planned for such use and the celebration will be of unusual benefit to the inhabitants and should be supported with public funds. CHANGE ORDER NO. ONE - REPAIR EXISTING LANDSCAPE AREAS AND MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT NOS. 951 - KENDALL DRIVE AND WAGONWHEEL ROAD AND 952- STATE COLLEGE AREA - MENTONE TURF SUPPLY (S-2) In a memorandum dated August 30, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that the Department of Parks, Recreation and Community Services and Mentone Turf Supply conducted an inspection of the landscaping and irrigation facilities in Assessment District Nos. 951 and 952 located at Kendall Drive and Wagonwheel Road in the State College area. The purpose of the inspection was to determine the necessary corrective work to repair damage due to vandalism and to bring the improvements up to an acceptable level. Council Member Minor made a motion, seconded by Council Member Maudsley, and unanimously carried, that Change Order No. One to the contrac.t with Mentone Turf Supply, for maintenance of landscaping in Assessment Districts Nos. 951 and 952, in accordance with Plan No. 6056-A (1990-91), be approved; and that 19 9/5/90 the contractor be authorized to perform work to repair damage from vandalism and necessary corrective work for an increase in the contract price of $7,B35.00, from $B9,B11.22 to $97,646.22. REQUEST FOR OUTSIDE CITY WATER SERVICE - 24617 E. THIRD STREET - FILIPPOS ANDRIKOPOULOS (EMERGENCY ITEM) In a memorandum dated August 31, 1990, Bernard C. Kersey, Board of Water Commissioners, stated that Mr. Filippos Andrikopoulos, owner of a restaurant located at 24617 E. Third Street, had submitted a request for water service. The property is located outside the corporate limits of the City, but is contiguous. The property has been served by Cardiff Farms Mutual Water Company, which has experienced problems with its water system. The County of San Bernardino Environmental Health Services Department issued a boil order for any water the residents of the area would drink or prepare food with. The restaurant has not been allowed to reopen due to the health concerns related to the water supply. Senior Assistant City Attorney Barlow stated that a 4/5ths vote is needed to consider this matter as it arose subsequent to the posting of the Council agenda. Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly, and unanimously carried, that a vote be taken on the matter that arose subsequent to the posting of the Council agenda. The subject matter is a request from Mr. Filippos Andrikopoulos for outside City water service for property located at 24617 E. Third Street, Assessor's Parcel No. 0279-2B1-02. Mayor Holcomb stated that Mr. Andrikopoulos has posted a $1,000.00 cashier's check to guarantee his intent to annex to the City. 90-376- A RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE BOARD OF WATER COMMISSIONERS PROVIDING WATER SERVICE TO PROPERTY LOCATED AT 24617 E. THIRD STREET, SAN BERNARDINO, OUTSIDE THE CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO. (Emergency Item) City Clerk Krasney read the title of the resolution. Council Member Maudsley made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 90-376 was adopted by the following vote: Ayes: Council Members Reilly, Maudsley, Pope-Ludlam, Miller. Nays: Council Members Flores, Minor. Absent: Council Member Estrada. 20 9/5/90 RECESS MEETING At 10:55 a.m., Mayor Holcomb declared a five minute recess. RECONVENE MEETING At 11:07 a.m., Mayor Holcomb called the Adjourned Regular Meeting to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor; Senior Assistant City Attorney Barlow, City Clerk Krasney, City Administrator Edwins. Absent: Council Members Estrada, Pope- Ludlam, Miller. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY- REGULAR MEETING The Adjourned Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order by Chairman Holcomb in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Mayor Holcomb announced that on September 4, 1990, a letter of financial agreement was signed with The New Frontier for the development of a Boys Market at the corner of Baseline and Medical Center Drive. COUNCIL MEMBERS POPE-LUDLAM AND MILLER ARRIVED Council Members Pope-Ludlam and Miller arrived at the Council meeting and took their places at the council table. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council meeting. RES. 90-377 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AGREEMENT TO JOINTLY FUND CONSULTING SERVICES BY AND BETWEEN THE CITY OF SAN BERNARDINO, THE BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO, AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. (R-4A) RES. 90-378 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO, THE BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO, AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, RELATING TO SIMON AND CO. (R-4B) Council Member Minor made a motion, seconded by Council Member Maudsley, that said resolutions be adopted. 21 9/5/90 Resolution Nos. following vote: Ayes: Pope-Ludlam, Miller. Estrada and Reilly. 90-377 and 90-37B were Council Members Flores, Nays: None. Absent: adopted by the Maudsley, Minor, Council Members COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council meeting and took his place at the council table. STATE ENTERPRISE ZONE (R-6) In a memorandum dated September 5, 1990, Robert Temple, Acting Executive Director, Redevelopment Agency, stated that the Redevelopment Agency entered into an agreement with Val Mahabir and Associates for completion of a preliminary application for State designated Enterprise Zone. The designation of the Enterprise Zone will allow for the development of commercial and industrial sectors of the Zone and for use of state incentives together with City incentives. The application is due to the State Department of Commercial no later than September 10, 1990. RES. 90-379 - RESOLUTION OF THE CITY OF SAN BERNARDINO DESIGNATING THE AREA CONTAINED IN THE ENTERPRISE ZONE BOUNDARIES TO BE A DEPRESSED AREA AND IN NEED OF DESIGNATION AS AN ENTERPRISE ZONE IN ORDER TO ATTRACT PRIVATE BUSINESS FOR FUTURE DEVELOPMENT, GRANTING CERTAIN INCENTIVES IN THE ENTERPRISE ZONE, AND AUTHORIZING APPLICATION FOR DESIGNATION TO BE FILED. (R-6) Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution Ayes: Council Ludlam, Miller. No. 90-379 was adopted by the following vote: Members Reilly, Flores, Maudsley, Minor, Pope- Nays: None. Absent: Council Member Estrada. RECESS MEETING - CLOSED SESSION At 11:15 a.m., the Mayor and Common Council and Community Development Commission/ Redevelopment Agency recessed into closed session to discuss personnel matters pursuant to Government Code Section 54957. ADJOURN CLOSED SESSION At 12:00 p.m., the closed session adjourned to the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 12:05 p.m., Mayor Holcomb reconvened the Adjourned Regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 22 9/5/90 ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Pope- Ludlam, Miller; Senior Assistant City Attorney Barlow, City Clerk Krasney, City Administrator Edwins. Absent: Council Member Estrada. COMMUNITY DEVELOPMENT/REDEVELOPMENT AGENCY REORGANIZATION - ESTABLISHMENT OF ECONOMIC DEVELOPMENT AGENCY (RS-1 & RS-2) Mayor Holcomb announced that in closed session the Council/Community Development Commission voted to approve the reorganization of the Communi ty Development/ Redevelopment Agency. Council Member Maudsley made a motion, seconded by Council Member Minor, that the Mayor and Common Council and Community Development Commission authorize and direct the consolidation of the Community Development Department of the City of San Bernardino with the Redevelopment Agency of the City of San Bernardino in accordance with that certain economic development reorganization plan to be approved by the Mayor and Common Council and Community Development Commission. Further, that the Mayor and Common Council and Community Development Commission appoint the Director of Community Development as Executive Director of the newly established and consolidated Development Department. Council Member Maudsley made a motion, seconded by Council Member Minor, that the Mayor and Common Council and Community Development Commission designate and establish an Economic Development Agency comprised of the consolidated Community Development/Redevelopment Agency entity, the Main Street Program the Convention and Visitors Bureau and the San Bernardino Economic Development Council, in accordance with that certain economic development reorganization plan to be approved by the Mayor and Common Council and Community Development Commission. Further, that the Mayor and Common Council and Community Development Commission appoint the Acting Executive Director of the Redevelopment Agency as Acting Agency Administrator of the Economic Development Agency. Council Member Maudsley made a motion, seconded by Council Member Minor, that the Executive Director of the newly established consolidated Development Department and the Acting Agency Administrator of the Economic Development Agency be directed to develop and implement various policies, procedures, programs, projects and activities for the effective and efficient consolidation and implementation of the Community Development Department and the Redevelopment Agency, pursuant to that 23 9/5/90 certain economic development reorganization plan to be approved by the Mayor and Common Council and Community Development Commission. Council Member Maudsley made a motion, seconded by Council Hember Minor, that the Hayor and Common Council and Community Development Commission direct the Acting Agency Administrator of the Economic Development Agency, upon completion of the Community Development Department/Redevelopment Agency consolidation plan, to review and evaluate the Main Street, Economic Development Council and Convention and Visitors Bureau functions with a view towards determining the most effective ways and means to carry out said agencies work programs and funding for the next fiscal year. Further, that the boards of said agencies will continue to act as advisory bodies to the Community Development Commission, but the day-to-day reporting by the staff of these agencies will be to the Acting Agency Administrator. All policy decisions will be made by the Community Development Commission. The above four motions carried by the following vote: Ayes: Council Members Reilly, Maudsley, Minor, Pope-Ludlam. Nays: Council Members Flores, Miller. Absent: Council Member Estrada. Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley, that Robert Temple be appointed to the position of Acting Agency Administrator of the Economic Development Agency. The motion carried by the following vote: Ayes: Members Reilly, Maudsley, Minor, Pope-Ludlam, Miller. Council Member Flores. Absent: Council Member Estrada. Council Nays: Council Member Pope-Ludlam made Council Member Maudsley, that Kenneth the position of Executive Director of consolidated Development Department. a motion, seconded by Henderson be appointed to the newly established and The motion carried by the following vote: Members Reilly, Maudsley, Minor, pope-Ludlam. Members Flores, Miller. Absent: Council Member Ayes: Nays: Estrada. Council Council RECESS MEETING At 12:05 p.m., the Adjourned Regular Meeting of the Mayor and Common Council recessed until 2: 00 p. m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENED MEETING At 2:05 p.m., Mayor Holcomb reconvened the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 24 9/5/90 ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Miller; Deputy City Attorney Empeno, City Clerk Krasney, City Administrator Edwins. Absent: Council Members Estrada, Pope- Ludlam. ANNOUNCEMENT BY MAYOR - YOUTH TO - SEPTEMBER 29, 30, 1990 SAN AGAINST DRUGS Mayor Holcomb announced that Conference will be held September 29 School. YOUTH MINI CONFERENCE BERNARDINO COMMUNITY (2 ) a Youth to Youth & 30, 1990, at Cajon Mini High COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. ANNEXATION - NORTH OF 1-10 FREEWAY, EAST OF TIPPECANOE AVENUE (LAFCO 2599) ADOPTION OF RESOLUTION- CONTINUED FROM EARLIER IN THE MEETING. SEE PAGE 13 (25) This is the time and place continued to from earlier in the meeting to consider the proposed annexation of the territory generally located north of the 1-10 Freeway, east of Tippecanoe Avenue. (LAFCO 2599). Larry Reed, Director of Planning and Building Services, stated that he has reviewed the request of Mr. Thomas, L. Miller, attorney representing John Heers, to change the zoning density from fourteen units per gross acre to 17.5 units per gross acre. He stated that staff supports the amendment for higher zoning to RMH which allows 24 units per acre to be developed, but recommended that a cap be put on the General Plan amendment to limit the number of units to 17.5 or eighteen units per acre. He further stated that staff also supports a General Plan amendment to make the smaller ten acre parcel commercial. RES. 90-3BO - RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THAT LESS THAN TWENTY FIVE PERCENT OF PROTESTS BY REGISTERED VOTERS AND PROPERTY OWNERS HAVE BEEN FILED AND APPROVING ANNEXATION NO. 342 (LAFCO 2599) FOR THE TERRITORY GENERALLY LOCATED NORTH OF THE 1-10 FREEWAY, BETWEEN TIPPECANOE AVENUE AND MT. VIEW AVENUE AND DETACHMENT FROM CSA 3B, CSA 70 AND CSA SL- 1. (25) Council Member Reilly made a motion, seconded by Council Member Miller, that said resolution be adopted. 25 9/5/90 .~_._---~.--_._-,.-_...,--,._---~---- '-------.--.----.---.------...,--- Resolution Ayes: Council Miller. Nays: Estrada. No. 90-3BO .,as adopted by the following vote: Members Reilly, Flores, Maudsley, Pope-Ludlam, Council Member Minor. Absent: Council Member Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley, that the public hearing to receive, consider and rule upon written protests in the matter of annexation of the territory generally located north of the 1-10 Freeway, between Tippecanoe Avenue and Mt. View Avenue, designated LAFCO 2599, be closed; and that staff be directed to initiate a General Plan amendment. The motion carried by the following vote: Ayes: Member Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Council Member Minor. Absent: Council Member Estrada. Council Nays: PROTEs'r HEARING ASSESSMENT DISTRICT NO. 997- CHESTNUT AREA LANDSCAPING - CONTINUED FROM EARLIER IN THE MEETING. SEE PAGE 15 (26) This is the time and place continued from earlier in the meeting for a protest hearing on Assessment District No. 997, for landscaping in the Chestnut area. This matter was continued to this af Lernoon to allow time for the City Attorney's office to prepare a revised resolution eliminating the 4/5ths vote requirement. Deputy City Attorney Empeno stated that the revised resolution contains changes which eliminates the clause pertaining to the 4/5ths vote of the Council. The City Attorney's office has looked into the matter and has determined that a 4/5ths vote of the Council is not needed as this item does not involve a majority protest and is not a construction project. RES. 90-3Bl A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED MAINTENANCE OF LANDSCAPING IN THE CHESTNUT AREA, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 997, ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY. (26) City Clerk Krasney read the title of the resolution. Brenton Rhodes, 3230 Belmont, spoke in opposition to the assessment district, stating that it would affect him more than anyone else in the area. He stated that the proposed area within the assessment district is prone to floods and it would be useless to landscape the area. He presented pictures showing the damaged areas caused by past flooding. 26 9/5/90 Roger Hardgrave, Director of Public Works/City Engineer, stated that a storm drain will be constructed in Chestnut Avenue prior to installing the landscaping. Council Member Miller made a motion, seconded by Council Member Maudsley, that the protests, if any, be overruled, the hearing be closed, and find and determine that the public convenience and necessity require the proposed maintenance of landscaping in the Chestnut area, and that the Special Assessment, Investigation and Limitation Act of 1931 shall not apply; and that said resolution be adopted. The motion carried by the following vote: Ayes: Members Reilly, Maudsley, Minor, Pope-Ludlam, Miller. Council Member Flores. Absent: Council Member Estrada. Council Nays: Resolution Ayes: Council Miller. Nays: Estrada. No. 90-3B1 was adopted by the following vote: Members Reilly, Maudsley, Minor, Pope-Ludlam, Council Member Flores. Absent: Council Member APPEAL - CONDITIONAL USE PERMIT 90-07 - CONSTRUCT A SIX FOOT WOODCRETE WALL - INTERSECTION OF HALLMARK PARKWAY AND LEXINGTON WAY - 51B5 HALLMARK PARKWAY - CONTINUED FROM JULY 16, 1990 (33) This is the time and place continued to for an appeal filed by Larry Bangert, on the condition that the to construction of a six foot high "woodcrete" wall be modified to allow landscaping. C.U.P. No. 90-07 is a request to establish a U-Haul business within an existing mini-storage facility. In a memorandum dated August 20, 1990, Larry Reed, Director of Planning and Building Services, stated that the appeal was continued from July 16, 1990, so that alternative amendments to the screening condition could be developed. These have been developed. One alternative is to require a landscaped buffer outside the existing chain link fence on the City's right-of-way. This area is designated for the proposed Pepper Linden Drive and interchange. A temporary encroachment permit from the Public Works Department would be required and the applicant has applied for this permit. Another alternative is to require the landscaping on the inside of the fence. However, the amount of landscaping area would need to be restricted so that adequate access lanes can be maintained. Mayor Holcomb opened the hearing. Larry Reed, Director of Planning and Building Services, stated that staff has been working with the applicant and the applicant has submitted plans, but the plans need final approval from the Parks, Recreation and Community Services Department. 27 9/5/90 Mayor Holcomb suggested adding a condition requiring the property owner to grant a right of entry to the City. The City will have the right to enter onto the property to do any necessary maintenance and lien the property for the costs incurred by the City. He stated that this language should be standard in all landscaping agreements. Mr. Reed stated that in landscaping will be placed property. this on particular case, City surplus the actual right-of-way Mayor Holcomb suggested amending the motion to include the following language: "that the property owner enter into a covenant burdening the property for maintenance of the landscaping; that the covenant run in perpetuity with the land; and that the land be subject to a lien for the costs the City incurs for the maintenance of landscaping". A discussion ensued regarding the purpose of having a convenant for City owned property. The Planning and Building Services Director answered questions, and explained the purpose of having a covenant running with the land for City owned property. He stated that if the owner fails to maintain the landscaping, although it is City property, the City will have a method of recovering the costs for the maintenance. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the hearing be closed; that the appeal be upheld and that Conditional Use Permit No. 90-07 be approved subject to the findings of fact, conditions of approval and standard requirements contained in the June 5,1990, Planning Commission staff report (Exhibit "C"), except that Condition No. 6 be modified to read, "That the applicant provide a 10-foot landscaped buffer as approved by the Parks and Recreation Department on the outside of the existing fence on the north and east property lines. A temporary encroachment permit is required to be obtained from the Public Works Department prior to landscaping and irrigating the buffer area. " Council Member Miller made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the property owner enter into a covenant burdening the property for maintenance of the landscaping; that the covenant runs in perpetuity with the land; and that the land be subject to a lien for the costs the City incurs for the landscaping. 2B 9/5/90 .~-'---.__._._._-_.._._.._--_.-_.__...--..~-,~-----,- ._----_._-----_."-_.,--.__._,----~--_.,-~,,--_.._---- PUBLIC HEARING - APPROVAL OF TENTATIVE TRACT NO. 147Bl - EAST SIDE OF LYNWOOD WAY SOUTH OF PACIFIC STREET __ ONE STANDARD MEANS OF ACCESS - CONTINUED FROM AUGUST 20, 1990 (34) This is the time and place continued to for approval of Tentative Tract No. 147B1 on property located on the east side of Lynwood Way approximately 176 feet south of Pacific Street, with only one standard means of access as requested by John Pulliam. In a memorandum dated August 6, 1990, Larry Reed, Director of Planning and Building Services, stated that the applicant, John Pulliam, is requesting the approval of Tentative Tract No. 147B1 with only one means of access. Tentative Tract No. 147B1 is a proposed subdivision consisting of 19 single-family lots located on the east side of Lynwood Way approximately 176 feet south of Pacific Street. The project has only one standard means of ingress and egress which is via Valaria Drive to Byron Street or Amanda Street. The proposed project is located outside a high fire hazard area. A discussion ensued regarding whether or not a traffic study had been conducted. Roger Hardgrave, Director of Public Works/City Engineer, stated that the engineer made a prediction of future traffic conditions by increasing the numbers by four percent a year to represent the condition that will be present during the school year. Larry Reed, Director of Planning and Building Services, answered questions regarding the type of residential sprinkler systems to be installed in all the homes within Tract No. 14781. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the public hearing be closed; that the negative declaration be adopted; that Tentative Tract No. 147B1 be approved subject to the findings of fact, conditions of approval and standard requirements contained in the July 24, 1990, Planning Commission staff report and addendum, (Exhibit" D" ) . COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the council meeting. APPEAL - CONDITIONAL USE PERMIT NO 90-2 - SELF-SERVICE DRIVE-THROUGH TUNNEL CARWASH AND STORAGE BUILDING- NORTHWEST CORNER OF WATERMAN AVENUE AND HOSPITALITY LANE - 1930 SOUTH WATERMAN AVENUE - WESTERN SENSYSTEM ENGINEERING COMPANY, INC. (WSECO) (35) In a memorandum dated August 22, 1990, Larry Reed, Director of Planning and Building Services, stated that the applicant, Shell 0i.:C Company, through their consulting engineers, Western 29 9/5/90 "---'-'---'---'--~--~"-'----'---- -'~---"---'>"---"--'--'-------'""~'-'-'---"-'----',--.-..---.----------- Sensystem Engineering Company, Incorporated, (WSECO) is appealing Planning Commission's denial of Conditional Use Permit No. 90-2. The applicant requests approval of C.U.P. No. 90-2, to allow the construction of a self-service drive-through tunnel carwash and storage building at the existing Shell Service Station on the northwest corner of Waterman Avenue and Hospitality Lane. C.U.P. No. 90-2, was denied by the Planning Commission on the basis that the proposed changes at the service station were not compatible with the character of adjacent development and not consistent with the intent of the General Plan. The General Plan requires buildings in the Tri-City/Commercenter and Club Area (Commercial Regional-3 land use designation) to convey a high quality "corporate park" character. In a letter dated August 9, 1990, Mr. P. Kumar, President, WSECO, 613 Eastbury Avenue, Covina, CA 91723, stated that all the requirements of the Planning Department, including traffic, fire, all municipal codes, land use, noise, and landscaping have been satisfied. The City's noise requirement has been satisfied by the elimination of the blower/dryers from the car wash. He stated that the Company is willing to make other major changes as recommended by the acoustical study to ensure that this project will be a high quality development to upgrade the area. In a letter dated September 4, 1990, Mr. P. Kumar, President, WSECO, requested a continuance of the appeal hearing to October 1, 1990. He stated that a meeting has been scheduled with Council Member Flores on September 10, 1990, to discuss and resolve some of the issues regarding C.U.P. 90-2. Council Member Maudsley made a motion, seconded by Council Member Reilly, and unanimously carried, that the appeal hearing of Conditional Use Permit No. 90-2, relative to a self-service drive-through tunnel carwash be continued to October 1, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 90-382 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 90-05 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (21) (Continued from earlier in the meeting) (See page 12) This is the time and place continued to for a public hearing regarding a resolution adopting the negative declaration of environmental impact and General Plan Amendment No. 90-5. In a memorandum dated August 15, 1990, Larry Reed, Director of Planning and Building Services, stated that the applicants, Harrell and Betty Dees, are requesting an applicant-initiated amendment to the General Plan to change the land use designation from RH, Residential High to CG-1, Commercial General on a 0.92 30 9/5/90 acre site which contains an auto repair garage. The site is located on the south side of east Date Place approximately 750 feet east of Del Rosa Avenue. The purpose of the General Plan amendment is to bring the non-conforming uses of the post office, automotive repair garage and the medical clinic into conformity with the General Plan. The General Plan amendment has been expanded by staff by incorporating Alternative 2, which proposes land use designations as follows: the post office, its parking and the applicant's site as CG-l, Commercial General, the Kaiser Medical Facility as CO-1, Commercial Office; the two single-family residences as RS, Residential Suburban and the multi-family residences as RH, Residential High. Mayor Holcomb opened the hearing. Council Member Miller made Member Reilly, and unanimously closed, and that said resolution a motion, seconded carried, that the be adopted. by Council hearing be Resolution No. 90-382 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Miller. Nays: None. Absent: Council Members Estrada, Pope-Ludlam. IMPASSE HEARING - MID MANAGEMENT NEGOTIATIONS This is the time and place set for an Impasse Mid-Management negotiations. (2B) hearing on the In a letter dated July 19, 1990, Susan Tarvin, Labor Relations Representative, San Bernardino Public Employees Association, 433 North Sierra Way, stated that on July 17, 1990, an impasse was declared on contract negotiations for the City's Mid-Management bargaining unit. She further requested that the State Mediation and Conciliation Service be utilized to mediate this dispute. A summary of the issues which remained in dispute was presented as follows: 1. One-year term. 2. Across the board three percent salary increase effective July 1, 1990, with retroactive pay increases. 3. Equity adjustments. 4. Salary survey. 5. Benefit Plan. 31 9/5/90 '~._--'--'-----'-~'---'-'-----~~'-~-'-------._~,----, -_..~--------_.._._.,-------------~---_._----- 6. Overtime all managers would be granted forty (40) hours of compensation time on July 1, 1990, and for overtime worked in excess of forty hours in the year, employees would be paid at a straight hourly rate. Payment would be either accrued compensation time or cash payment at the employees option. 7. Maintain existing uniform allowance provisions. B. Upon resignation employees would be able to cash out fifty percent of their unused sick leave balances, with no cap. 9. Maintenance of membership with a window period in April. 10. Change to five-step plan prior to the implementation of the salary survey. Mayor Holcomb opened the hearing. Shauna Edwins, City Administrator, read a statement concerning the Mid-Management negotiations. She stated that on July 1, 1990, the contract with the Mid-Management bargaining unit expired. After nine negotiating sessions, the Mid- Management Union declared impasse and requested the hiring of a mediator. 'rhe Mayor and Common Council chose a hearing in lieu of the mediator for two reasons: ]. cost savings and 2. the opportunity to make the issues known to all Mid-Managers and the public. City Administrator Edwins stated that there are ten issues over which the City and Mid-Managers have not reached agreement. The three major areas of disagreement are: 1. The term of the MOU 2. Increases in medical benefits; and 3. Salary increases City Administrator Edwins referred to an August 28th article in The Sun regarding fees the County is going to charge cities for collecting property taxes and for booking prisoners. The City is anticipating a shortfall of approximately two million dollars in our budget this year because of these two items. The County wants to charge $125.00 for each booking. Last year the City had ]1,000 bookings and it is anticipated that the City will have to start paying 1.4 million dollars on January 1, 1991. The City does not know what the County is going to charge for collection of city property taxes. She stated t.hat another problem that arose last week is that the State of California is not going to give the City its cigarette tax money of $430,000.00. 32 9/5/90 Susan Tarvin, Labor Relations Representative, stated that an impasse hearing should have been held prior to this Council meeting. Ms. Tarvin stated that in light of the City's economic condition, several issues have been withdrawn from the Mid- Managers proposal. She summarized the key issues to the Bargaining Unit: a) a 12-month agreement with a salary survey. b) a total of $35B contributed toward the medical benefits. c) over-time proposal; and d) maintenance of the membership language. Ms. Tarvin stated that the Bargaining Unit is proposing that all Mid-Managers accrue 40 hours of comp time on July 1, of each year with an option to receive straight time payor comp time for all hours worked in excess of 40 hours during the year. Ms. Tarvin stated that the Bargaining Unit is strongly opposed to an 1B-month agreement. City Administrator Edwins answered questions regarding the method used to pay City employees for overtime worked. John Tucker, a member of the Mid-Management Bargaining Unit, answered questions, stating that Mid-Managers are not entitled to overtime pay but they receive comp time for all overtime worked in excess of 40 hours during a fiscal year. Susan Tarvin pointed out that the inefficient system for keeping track of worked by employees of the Bargaining Unit. the City establish a uniform record keeping hours worked by City employees. City has a very the overtime hours She proposed that system for overtime A discussion ensued regarding contained inaccurate information given to City officials. an article in The Sun which concerning salary increases Mr. Tucker apologized to the Mayor and Common Council for the inaccurate information in the newspaper article. A discussion ensued regarding the financial impact on the City from the loss of State cigarette tax revenues. City Administrator Edwins stated that a group of managers will be reviewing the budget and will be recommending some cuts in program services. City Administrator Edwins spoke regarding the issue of having an impasse hearing. She stated that the City's Resolution No. 105B4 enables the impasse meeting to take place but does not require it. 33 9/5/90 Susan Tarvin answered questions regarding why the Bargaining Unit refused to accept an 1B-month contract. City Administrator Edwins explained that the City offered the Mid-Managers a four to six percent increase effective July 1, 1991, as a trade off for their accepting an 18-month contract. Deputy City Attorney Empeno answered questions regarding the City's acceptance of a 12-month contract. City Administrator Edwins recommended that the Mayor and Council go into closed session to discuss their options with the attorney. RECESS MEETING At 3:15 p.m., the Adjourned Regular Meeting of the Mayor and Common Council recessed to closed session to consider personnel matters pursuant to Government Code Section 54957. CLOSED SESSION At 3:15 p.m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Pope- Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Member Estrada. Also present were: Moreno, Jr., Director Attorney Empeno. Diana Ramirez, Personnel Analyst; Manuel of Public Services, and Deputy City ADJOURN CLOSED SESSION At 3:37 p.m., the closed session adjourned to the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 3:37 p.m., Mayor Holcomb reconvened the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Pope- Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Member Estrada. 34 9/5/90 IMPASSE HEARING - MID-MANAGEMENT NEGOTIATIONS City Administrator Edwins outlined the terms of the City's last and best offer as follows: 1. An 1B-month contract; 2. No pay increase to be granted July 1, 1990; 3. The City will pay for a salary survey in October, 1990; 4. The salary survey will be implemented January 1, 1991, with a guarantee of a 2% minimum increase; 5. The City will pay an additional $33.00 per in medical benefits effective the first after an agreement has been reached; month month 6. The City will reimburse for tuition at the Cal State rate; 7. The City will prepare a standard form for record keeping of salary and overtime; B. The City will maintain the existing uniform allowance provision; 9. The City will honor the tentative agreement for shift differential pay for Mid-Managers; acting pay language; establishment of a Labor Management Committee; and the equity adjustment. RECESS MEETING At 3:40 p.m., Mayor Holcomb declared a five-minute recess to allow time for the negotiator to confer with members of the Mid- Management Bargining Unit regarding the City's final and best offer. RECONVENE MEETING At 3:45 p.m., Mayor Holcomb reconvened the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb: Council Members Reilly, Flores, Maudsley, Minor, Pope- Ludlam, Miller. City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Member Estrada. 35 9/5/90 Susan Tarvin requested clarification regarding the City's offer on the salary survey. She stated that the tentative agreement contained a provision for retro pay to the first pay period in October, 1990, with a 2% minimum increase. City Administrator Edwins explained the terms of the City's final and best offer. Susan Tarvin, on behalf of the Mid-Managers, accepted the Ci ty' s offer but requested that negotiations on the over-time issue be reopened. Council Member Minor made a motion, seconded by Council Member Flores, and unanimously carried, that the Mayor and Common Council accept the counter offer with the following terms: 1. An 1B-month contract; 2. No pay increase to be granted July 1, 1990; 3. The City will pay for a salary survey in October, 1990; 4. The salary survey will be implemented January 1, 1991, with a guarantee of a 2% minimum increase; 5 . The City will pay an additional $33.00 per in medical benefits effective the first after an agreement has been reached; month month 6. The City will reimburse for tuition at the Cal State rate; 7. The City will prepare a standard form for record keeping of salary and overtime; B. The City will maintain the existing uniform allowance provision; 9. 'l'he City will honor the tentative agreement for shift differential pay for Mid-Managers; acting pay language; establishment of a Labor Management Committee; and the equity adjustment. 10. The City will re-open negotiations on the overtime matter only. 36 9/5/90 ADJOURNMENT At 3:55 p.m., the Mayor declared the meeting adjourned to B:30 a.m., Monday, September 17, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL KRASNEY City Clerk by / r;;:;uU1f~y' Clerk No. of Items: 34 No. of Hours: 5 hrs. 55 min. 37 9/5/90