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HomeMy WebLinkAbout10-15-1990 Minutes City of San Bernardino, California October 15, 1990 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 8:40 a.m., Monday, October 15, 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 Holcomb; Council Members Reilly, Flores, Maudsley, I1inor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Member Estrada. RECESS MEETING - CLOSED SESSION (1) At 8:40 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: 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 Governme,nt 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 1 10/15/90 g. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section 54956.9(a) as follows: City of San Bernardino vs. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239193; Stubblefield Construction Company. et al vs. City of San Bernardino. et al - San Bernardino Superior Court Case No. 232998; San Bernardino Superior Court Case No. 252058; Sock Dawson. et al vs. Ci tv of San Bernardino. et al- United States District Court Case No. SA 88-461 AHS (RWRx); Charlotte Revnolds vs. City of San Bernardino San Bernardino Superior Court Case No. 248752; Save San Bernardino vs. City of San Bernardino San Bernardino Superior Court Case No. 250425; Citv of Redlands vs. Inland Vallev Development Aaency, et al - San Bernardino Superior Court Case No. 255222; Citv of San Bernardino vs. Deukmejian. et al San Bernardino Superior Court Case No. 256623; Joy Y. Revnolds vs. City of San Bernardino - Los Angeles Superior Court Case No. BC002117; Countv vs. City of San Bernardino (RDA) - San Bernardino Superior Court Case No. 258241; City of San Conservation No. 231454; Bernardino vs. San Bernardino Valley Water District - San Bernardino Superior Court Case SBPOA VB. City of San Bernardino - San Bernardino Superior Court Case No. 239366; Charlotte Reynolds vs. City of San Bernardino San Bernardino Superior Court Case No. E007031; Citv of San Bernardino vs. The Simchowitz Corporation. et al - San Bernardino Superior Court Case No. 255534; Libertv Cable TV Co. vs. Ci tv of San Bernardino - United States District Court - Case No. 82-6876 WMB; Mills vs. City of San Bernardino - San Bernardino Superior Court Case No. 230035; 2 10/15/90 Connie Garibay vs. City of San Bernardino - San Bernardino Superior Court Case No. 237901; Alvin and Vivian Wilbourn vs. City of San Bernardino - San Bernardino Superior Court Case No. 238248. CLOSED SESSION At 8:40 a.m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Pope- Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council I1ember Estrada. Also present: Margaret Scroggin, Administrative Operations Supervisor, Attorney's Office and Deputy City Attorney Roth. READING OF RESOLUTIONS AND ORDINANCES Deputy City Clerk Medina read the titles of all the resolutions and ordinances on the regular, supplemental and Community Development Commission agendas. DEPUTY CITY ATTORNEY SIMMONS ARRIVED Deputy City Attorney Simmons arrived at 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 9:05 a.m., I1argaret Scroggin, Administrative Operations Supervisor, left the closed session. CITY ATTORNEY PENMAN, CITY ADMINISTRATOR EDWINS, CITY CLERK KRASNEY AND MAYOR HOLCOMB EXCUSED At 9:15 a.m., City Attorney Penman, City Administrator Edwins, City Clerk Krasney and Mayor Holcomb left the closed session. ADJOURN CLOSED SESSION At 9:30 a.m., the closed session was adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 9:30 a.m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. 3 10/15/90 ROLL CALL Roll call was taken by City Clerk Krasney with the following being present; Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: None. 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 Flores. .PRESENTATION DR. STUART BUNDY CHANCELLOR SAN BERNARDINO COMMUNITY COLLEGE DISTRICT (5) Dr. Stuart M. Bundy, Chancellor of the San Bernardino Community College District, expressed his appreciation to the City for all the support he has received. He especially thanked the City for its support in the enhancement of the entry way to San Bernardino Valley College and the installation of the monument sign located on Mt. Vernon Avenue. Dr. Bundy introduced Dr. Donald Singer, Acting President of the San Bernardino Valley College, and Mr. Gene Wood, Vice- President of the San Bernardino Community College District. Dr. Singer and Mr. Wood thanked the Mayor and Council for their support in providing better education to the community. PROCLAMATION - RED RIBBON WEEK - OCTOBER 20 THROUGH 28, 1990 (5) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring the week of October 20 through 28, 1990 as Red Ribbon Week in the City of San Bernardino. Jeri Simpson, Executive Director of San Bernardino Community Against Drugs, was present to accept the proclamation from Mayor Holcomb. Jeri Simpson spoke regarding the events scheduled for the week of October 20th and encouraged everyone to participate in the "Wear Red Day" on Wednesday, October 24. Ms. Simpson introduced "Kids Up", a group of children from ages eight to fourteen, who pledged to be drug free and act as role models for the younger community. "Kids Up" is a choir that performs at various functions in the community. "Kids Up" sang songs about being drug free. 4 10/15/90 Ms. Lindsay, certificate to Jeri program. Coordinator Simpson for of "Kids Up II , her support of. presented a the "Kids Up" PROCLAMATION - CAL STATE DAY - OCTOBER 27, 1990 (5) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring October 27, 1990, as Cal State Day in the City of San Bernardino. Dr. Anthony Evans, President of Cal State; Dr. Judith Rymer, Vice-President, University Relations; and Dr. Juan Gonzales, Interim Vice-President for Student Services, were present to accept the proclamation. PROCLAMATION - WHITE CANE SAFETY DAY - OCTOBER 15, 1990 (5) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring October 15, 1990, as White Cane Safety Day in the City of San Bernardino. June Roberts, Chairman of the Braille Institute, was present to accept the proclamation. Ms. Roberts presented to Mayor Holcomb a certificate of appreciation on behalf of the Braille Institute. PROCLAMATION - DAYS TO HELP I1ENTALLY RETARDED PERSONS- NOVEMBER 2 THROUGH 4, 1990 (5) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring November 2 through 4, 1990 as Days to Help Mentally Retarded Persons in the City of San Bernardino. Gabriel Acosta, Campaign Chairman, was present to accept the proclamation. PROCLAMATION - TALK ABOUT PRESCRIPTIONS MONTH (5) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring October, 1990 as Talk About Prescriptions Month in the City of San Bernardino. Betty Lewison, Coordinator of the Senior Center, was present to accept the proclamation. SERVICE PIN AWARD CEREMONY (6) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of employees receiving a service pin aw~rd. Each employee received a service pin from Mayor Holcomb in gratitude of his/her many years of dedicated service to the City. 5 10/15/90 ANNOUNCEMENT BY MAYOR - CHANNEL 3 AWARDS (2) Mayor Holcomb announced that the National Federation of Local Cable Programs has selected the San Bernardino KCSB Channel 3 to receive an award for its excellent cable programs. PUBLIC COMMENTS - EARL STATLER - INLAND VALLEY HEADLINE NEWS (3) Earl Statler, 105 Myrtle Drive, San Bernardino, announced that the Inland Valley Headline News will be joining in with Channel 46 to broadcast news for the Inland Valley area. At the present time, news cast personnel are being chosen and the news broadcasts should be aired around the first of the year, 1991. PUBLIC COI1MENTS - TINA RUSKE - BUSINESS LICENSE FEES (3) Tina Ruske, 1454 E. Highland Avenue, San Bernardino, spoke on behalf of the hairdressers, in opposition to the increase in the business license fees for beauty salons. She complained that she was not notified about the Council meeting held on October 6, 1990, at which time the increases were approved. PUBLIC COMMENTS - CATHY LEATHERS FEES Cathy Leathers, 1454 E. Highland Avenue, expressed opposition to the increase in business beauty salons. BUSINESS LICENSE (3) San Bernardino, license fees for WAIVE FURTHER READING OF RESOLUTIONS AND ORDINANCES (7) Council Member Flores made a motion, seconded by Council Member Reilly, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development agendas be waived. COUNCIL MINUTES - SEPTEMBER 17 & SEPTEMBER 19, 1990 (8) Council Member Flores made a motion, seconded by Council Member Reilly, and unanimously carried, that the, minutes of th~ following meetings of the Mayor and Common Council of the City of San Bernardino, be approved as submitted in typewritten form: September 17, 1990 and September 19, 1990. ESTABLISHMENT OF SALARIES - POLICE DEPARTMENT - RANGES P-1, P-2, P-3 AND LAW ENFORCEMENT TRAINEE - EFFECTIVE AUGUST 1, 1990 (9) In a memorandum dated October 4, 1990, Diana M. Ramirez, Personnel Analyst, stated that Section 186 of the City Charter establishes a formula for setting salaries for local safety members effective each August 1. City staff has reached an agreement with representatives of the San Bernardino Police Officers' Association regarding the ten cities' salaries to be averaged to determine P-1, P-2 and P-3 salaries. The total added 6 10/15/90 cost for salaries and fringe benefits is $684,013. The Law Enforcement Trainee salary will be increased to $2215 which is 80% over the Police Officer Step 1 salary. Council Member Flores made a motion, seconded by Council Member Reilly, and unanimously carried, that the salaries for Police Department Ranges P-1 (Police Officer), P-2 (Detective/Training Officer), P-3 (Sergeant) and Law Enforcement Trainee be established effective August 1, 1990, as outlined in the staff report dated October 4, 1990. Council Member Flores made Member Reilly, and unanimously Department prepare an amendment Resolution 6413, Section 13. a motion, seconded by Council carried, that the Personnel to Resolution No. 6429, and ESTABLISHMENT OF SALARIES - FIRE DEPARTMENT - RANGES P- 1, P-2, P-3, P-4 AND FIRE FIGHTER TRAINEE - EFFECTIVE AUGUST 1, 1990 (10) In a memorandum dated October 9, 1990, Diana Ramirez, Personnel Analyst, stated that Section 186 of the City Charter establishes a formula for setting salaries for local safety members effective each August 1. City staff has reached an agreement with representatives of the San Bernardino/Rialto Fire Fighters' Local 891 regarding the ten cities salaries to be averaged to determine this year's P-l, P-2, P-3 and P-4 salaries for the Fire Department. The total added cost for salaries and fringe benefits is $584,234. The Fire Fighter Trainee salary will be increased to $2050 which is 80% of the Fire Fighter Step 1 salary. Council Member Flores made a motion, seconded by Council Member Reilly, and unanimously carried, that the salaries for the Fire Department Ranges P-1 (Fire Fighter), P-2 (Fire Investigator), P-3 (Fire Engineer), P-4 (Fire Captain) and Fire Fighter Trainee be established effective August 1, 1990, as outlined in the attached staff report. Council Member Flores made Member Reilly, and unanimously Department prepare an amendment Resolution 6413, Section 13. a motion, seconded by Council carried, that the Personnel to Resolution No. 6429, and ADDITION OF ONE POSITION OF POLICE OFFICER - POLICE DEPARTMENT BUDGET - D.A.R.E OFFICER (11) In an undated staff report, Daniel E. Robbins, Chief of Police, stated that a Comprehensive Alcohol and Drug Prevention Education (CADPE) Grant had been awarded to the San Bernardino County Superintendent of Schools. Allotments of said monies are available to school districts for funding of programs conforming to grant requirements. The San Bernardino Unified School District has been granted funding from this grant, and has contracted with the San Bernardino Police Department to provide 7 10/15/90 an additional D.A.R.E. Officer. This funding is based on a fiscal year and is renewable for a total of five years. The amount funded is 100% of the officer's salary and benefits, which is $55,993. By Resolution No. 90-311, a MOU has already been ratified between the Police Department and the San Bernardino City Unified School District. Council Member Flores made a motion, seconded by Council Member Reilly, and unanimously carried, that the Mayor and Common Council authorize the addition of one (1) police officer to the Police Department's authorized sworn personnel level. Council Member Flores made a motion, seconded by Council Member Reilly, and unanimously carried, that this position be authorized for the life of the C.A.D.P.E. Grant after which time the Police Department's authorized sworn personnel level will be reduced by one. Council Member Flores made a motion, Member Reilly, and unanimously carried, Department be directed to prepare an Resolution No. 6433. seconded by Council that the Personnel amendment updating AMENDMENT TO ON-SITE PLAN CHECK/INSPECTION FEES- REVISION TO MC-699 DELETING LANDSCAPE PLAN REVIEW FEE (12) In a memorandum dated October 3, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that the Mayor and Common Council approved, by Resolution No. 83-201, a set fixed fee of $100 for landscape plan review. The Mayor and Council also adopted a resolution providing for on-site plan check inspection. This resolution made it possible for the Public Works inspection staff to provide inspection outside the public right-of-way for on-site "landscape" improvements. The proposed resolutions and ordinance are structured to delete the landscape plan review fee in Resolution No. 83-201 and amendments, place the plan check fee in Section 15.04.175 of the Municipal Code and provide for inspection fees to be collected by authority of 15.04.177 of the Municipal Code and to amend Resolution No. 88- 284 by increasing the plan check fee from 0.30% to 2% and the inspection/permit fee from 0.25% to 1. 0%. The Legislative Review Committee recommended approval. Council Member Flores made a motion, seconded by Council Member Reilly, and unanimously carried, that a public meeting be scheduled at 10:00 a.m., during the regularly scheduled Council meeting of November 5, 1990, to receive oral or written presentations on the proposed amendments to the on-site plan check and inspection fees, and deletion of the landscape review fee. 8 10/15/90 PERSONNEL ACTIONS (14) Council Member Flores made a motion, seconded by Council Member Reilly, and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated October 3, 1990, in accordance with all administrative regulations of the City of San Bernardino, be approved. JOINT POWERS FINANCING AUTHORITY REGULAR MEETING (15) Council Member Flores made a motion, seconded by Council Member Reilly, and unanimously carried, that the regular meeting of the Joint Powers Financing Authority be adjourned to November 19, 1990. RES. 90-412 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A REVISED AGREEMENT WITH CALIFORNIA STATE UNIVERSITY OF SAN BERNARDINO FOR A STUDENT INTERN PROGRAM AND REPEALING RESOLUTION NO. 87-305. (Total cost to City not to exceed $6,000. City reimbursed for 70% of each intern's salary) (16) RES. 90-413 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AMENDMENT TO THE AGREEMENT WITH OMNICOM, INC. RELATIVE TO THE PROVISION OF SPECIFIC ENGINEERING COMMUNICATIONS SERVICES FOR THE 800 MHZ RADIO SYSTEM AND MOBILE DATA TERMINAL SYSTEM. (Total cost to City: $15,000) (17) RES. 90-414 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FOURTH AMENDMENT TO AN AGREEMENT WITH EUGENE R. HENRIKSEN RELATING TO POLICE FIREARMS TRAINING AND THE SAN BERNARDINO POLICE PISTOL RANGE. (Total cost to City: $2,178) (18) RES. 90-415 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH COMP PLUS (HAMILTON AND ASSOCIATES) FOR A MIDDLE MANAGEMENT COI1PENSATION STUDY. (Total cost to City: $7,200) (19) RES. 90-416 AUTHORIZING DEPARTMENT ALTERATIONS - RESOLUTION OF THE CITY OF SAN BERNARDINO THE EXECUTION OF AGREEMENT WITH CALIFORNIA OF FISH AND GAME RELATING TO STREAMBED FOR THE CHESTNUT AVENUE STORM DRAIN. (20) Council Member Flores made a motion, seconded by Council Member Reilly, and unanimously carried, that said resolutions be adopted. 9 10/15/90 Resolution Nos. 90-412, 90-413, 90-414, 90-415 and 90-416 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Nays: None. Absent: None. RES. 90-417 A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A COMMON USE AGREEMENT WITH THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR THE WIDENING OF RIALTO AVENUE, AND OTHER IMPROVEMENTS, CONCERNING PROPERTY GENERALLY LOCATED EAST OF MACY STREET. (21) RES. 90-418 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A GRANT DEED CONVEYING CERTAIN SURPLUS PROPERTY LOCATED AT 1215 COLIMA, IN THE CITY OF SAN BERNARDINO, TO EXECU SYSTEMS REALTORS OF SAN BERNARDINO, INC., A CALIFORNIA CORPORATION. (Total Cost to City: $3,400 out of escrow proceeds.) (22) RES. 90-419 - RESOLUTION OF THE CITY OF SAN BERNARDINO GRANTING AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, OVER CITY-OWNED PROPERTY LOCATED ON THE SOUTH SIDE OF 5TH STREET, EAST OF GARDENA (A PORTION OF NUNEZ PARK). (23) RES. 90-420 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, "A RESOLUTION DESIGNATING CERTAIN STREETS OR PORTIONS THEREOF AS THROUGH HIGHWAYS . " ; AND PROVIDING THAT KINGMAN STREET IS A THROUGH HIGHWAY AT ITS INTERSECTION WITH CABRERA AVENUE. (Total cost to City: $200) (24) RES. 90-421 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 8234 ENTITLED, IN PART, "A RESOLUTION . . . ESTABLISHING PARKING TIME LIMITATIONS UPON CERTAIN DESIGNATED STREETS OR ALLEYS, OR PORTIONS THEREOF. . ."; AND AUTHORIZING THE IMPLEMENTATION OF A TWO-HOUR PARKING LIMITATION ON THE WEST SIDE OF WATERMAN AVENUE BETWEEN NINETEENTH STREET AND TWENTY- FIRST STREET. (Total Cost to City: $400) (25) RES. 90-422 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO STEINY AND COMPANY, INC. FOR TRAFFIC SIGNAL MODIFICATION AND INTERCONNECT ON NINTH STREET, "H" TO SIERRA WAY, AND "E" STREET. SIXTH TO TENTH STREET. (Total Cost to City: $365,800) (26) 10 10/15/90 RES. 90-423 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO GRANTING AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY FOR ADDITIONAL ELECTRIC SERVICE AT THE WATER DEPARTMENT'S 10TH AND "J" STREET WELL SITE. (30) RES. 90-424 - A RESOLUTION OF THE MAYOR COUNCIL OF THE CITY OF SAN BERNARDINO EASEMENT TO SOUTHERN CALIFORNIA EDISON ADDITIONAL ELECTRIC SERVICE AT THE WATER LEROY WELL SITE. AND COMMON GRANTING AN COMPANY FOR DEPARTMENT'S (31) Council Member Flores made a motion, seconded by Council Member Reilly, and unanimously carried, that said resolutions be adopted. Resolution 422, 90-423 and Council Members Ludlam, Miller. Nos. 90-417, 90-418, 90-419, 90-420, 90-421, 90- 90-424 were adopted by the following vote: Ayes: Estrada, Reilly, Flores, Maudsley, Minor, Pope- Nays: None. Absent: None. ORD. MC-746 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 12.64 OF THE SAN BERNARDINO MUNICIPAL CODE PROVIDING FOR MOTION PICTURE AND TELEVISION PRODUCTION PERMITS. (FINAL) (32) ORD. MC-747 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 2.46 OF THE SAN BERNARDINO MUNICIPAL CODE TO 1) DESIGNATE THE MAYOR AS EXECUTIVE DIRECTOR OF EMERGENCY SERVICES, THE CITY ADMINISTRATOR AS DIRECTOR OF EMERGENCY SERVICES AND THE FIRE CHIEF AS ASSISTANT DIRECTOR OF EMERGENCY SERVICES AND 2) ADD THE DUTIES OF THE DISASTER PREPAREDNESS COORDINATOR. (FINAL) (33) Council Member Flores made a motion, seconded by Council Member Reilly, and unanimously carried, that said ordinances be adopted. Ordinance following vote: Maudsley, Minor, None. Nos. MC-746 and MC-747 Ayes: Council Members Pope-Ludlam, Miller. were adopted Estrada, Reilly, Nays: None. by the Flores, Absent: CLAIMS AND PAYROLL (13) Council Member Miller made a motion, seconded by Council Member Reilly, and unanimously carried, that the claims and payrolls, and the authorization to issue warrants as listed on the memorandum dated October 5, 1990, from the Director of Finance, be approved as amended by interdelineation to change the dollar amount on the October 2, 1990 register from $707,881.77 to $1,707,881.77. 11 10/15/90 COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 89-395 ENTITLED, IN PART, "A.RESOLUTION . . . ESTABLISHING PARKING RESTRICTIONS FOR THE CENTRAL CITY MALL AREA AND THE FIVE-LEVEL CIVIC CENTER PARKING STRUCTURE TO REMOVE TWO MOTOR POOL VEHICLE SPACES FROM THE FIRST LEVEL OF THE FIVE-LEVEL CIVIC CENTER PARKING STRUCTURE. (Total Cost to City: $75) (27) Council Member Maudsley made a motion, seconded by Council Member Miller, and unanimously carried, that said resolution establishing parking restrictions for the Central City Mall be tabled. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. RES. 90-425 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT WITH CENTURY HOMES COMMUNITIES RELATING TO INSTALLATION OF OVERSIZED SEWER MAIN IN PORTOLA AVENUE TO SERVE TRACT NO. 14185. (28) Council Member Flores made a motion, seconded by Council Member Minor, and unanimously carried, that said resolution be adopted. Resolution No. 90-425 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN EXTENSION OF TERM OF LEASE WITH THE SEDLAK FAMILY TRUST EXTENDING THE TERM OF THE LEASE ENTERED PURSUANT TO RESOLUTION NO. 89-402 FOR THAT CERTAIN OFFICE BUILDING COMMONLY KNOWN AS 646 NORTH SIERRA WAY. (Total Cost to City: $44,304.48- Monthly Rental Payment - $3,692.04 has not increased since 1987) (29) Council Member Maudsley made a motion, seconded by Council Member Minor, and unanimously carried, that said resolution extending the term of lease with the Sedlak Family be continued to November 5, 1990, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino. 12 10/15/90 PUBLIC HEARING ESTABLISHMENT OF INSTALLATION AND MAINTENANCE FEES - SPECIAL USE PARKING ZONES (34) This is the time and place set for a public hearing to establish installation and maintenance fees for special use parking zones. In a memorandum dated September 26, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that various types of parking zones are routinely installed at the request of the adjoining property owner or tenant, in order to designate certain sections of curb for special uses. The installation and periodic repainting of these zones is performed by City forces for which costs are incurred. Since these zones are installed and maintained at the request of the owner/tenant for their benefit, it seems appropriate that they bear the cost. The proposed resolution establishes a fee of $125 per space (20 feet) for passenger loading and time limit zones. There is a $50 fee for each additional adjoining space and a $175 fee will be established for each loading zone up to 40 feet. These fees will cover the estimated cost for receiving and reviewing a request for a new zone, applying the curb painting and markings and for obliterating these zones no longer needed. Mayor Holcomb opened the hearing. RES. 90-426 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING AN INSTALLATION FEE AND ANNUAL MAINTENANCE FEE FOR PASSENGER LOADING ZONES, TIME LIMIT ZONES AND LOADING ZONES. (34) Mayor Holcomb explained why the proposed fees for special parking zones are being established. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that the hearing be closed and said resolution be adopted. Resolution No. 90-426 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. RES. 90-427 - RESOLUTION OF THE CITY OF ADOPTING A NEW STANDARD FORM OF SUBDIVISION IMPROVEMENTS AND REPEALING 84-8. (Continued from October 1, 1990) SAN BERNARDINO AGREEMENT FOR RESOLUTION NO. (35) Council Member Miller made a motion, seconded by Council Member Reilly, and unanimously carried, that said resolution be adopted. 13 10/15/90 Resolution No. 90-427 was Ayes: Council Members Estrada, Miller. Nays: None. Absent: adopted by the following vote: Reilly, Flores, Maudsley, Minor, Council Member Pope-Ludlam. REPLACEMENT OF ABANDONED DRIVEWAYS - APPROVAL OF PLANS -ADVERTISE FOR BIDS (1990-01) CONTINUED FROM AUGUST 20, 1990 (36) This is the time and place continued to for approval of plans to replace abandoned driveway approaches under Chapter 12.92 of the San Bernardino Municipal Code. 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 abandoned driveways. It was found and determined that the improvements were needed for public convenience and necessity. Council Member Minor made a motion, Member Flores, and unanimously carried, that the fill-in of abandoned driveway approaches seconded by Council the item relative to be tabled. REPLACEMENT OF ABANDONED DRIVEWAYS - APPROVAL OF PLANS -ADVERTISE FOR BIDS (1990-02) CONTINUED FROM AUGUST 20, 1990 (37) This is the time and place continued to for approval of plans to replace abandoned driveway approaches under Chapter 12.92 of the San Bernardino Municipal Code. 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 abandoned driveways. It was found and determined that the improvements were needed for public convenience and necessity. Council Member Minor made a motion, Member Flores, and unanimously carried, that the fill-in of abandoned driveway approaches seconded by Council the item relative to be tabled. DISPOSITION OF CHARTER REVISIONS MADE BY CHARTER REVISION COMMITTEE (38) In a memorandum dated October 5, 1990, Rachel Krasney, City Clerk, stated that a committee had been formed in. September, 1983 to conduct a page by page and section by section review of the Charter of the City of San Bernardino. After two years of work, the Committee completed its review of the Charter. She explained that Russell Lackner, Chairman of the Committee, had presented the final recommended revisions and rationales for each recommended change. These recommended changes have been reviewed by the Legislative Review Committee which has requested direction from the full Council as to whether the proposed revisions should be considered as a whole or on a piece-meal basis. 14 10/15/90 City Administrator Edwins stated that Chairman Lackner would be present after 11:00 a.m, and requested that discussion be continued until he is present. Council Member Minor made a motion, seconded by Council Member Reilly, and unanimously carried, that discussion on the disposition of the Charter revision be continued until 11:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino. (See page 19) ADOPTION OF REVISED POLICY GUIDELINES FOR USE OF CITY PARKS BY NON-PROFI'E GROUPS FOR FUND RAISING ACTIVITIES (39) In a memorandum dated September 24, 1990, Annie Ramos, Director of Parks, Recreation and Community Services, stated that policy guidelines were approved in January, 1986, to control the increasing use of public park facilities by non-profit organizations. Since that time, experience has shown that two changes need to be implemented to clarify and strengthen the guidelines. The revised guidelines were reviewed by the City Attorney's office and the Parks and Recreation Commission. Council I1ember Maudsley made a motion, seconded by Council Member Miller, and unanimously carried, to adopt the revised policy guidelines established by Parks, Recreation and Community Services Department relative to use of City Parks by non-profit groups for fund raising activities. (See revised motion, page 16) COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. RESOLUTION OF THE OF SAN BERNARDINO BETWEEN THE CITY DEVELOPMENT, INC. MAYOR AND COMMON COUNCIL OF THE CITY APPROVING A CERTAIN AGREEMENT BY AND OF SAN BERNARDINO AND GATLIN/BERGER (S-l) Council Member Minor made a motion, seconded by Council Member Maudsley, and unanimously carried, that said resolution approving a certain agreement with Gatlin/Berger be continued to Thursday, October 25, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONSIDERATION OF ADOPTION OF REVISED POLICY GUIDELINES FOR USE OF CITY PARKS BY NON-PROFIT GROUPS FOR FUND RAISING ACTIVITIES (39) Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, to reconsider agenda item number 39 concerning the adoption of revised policy guidelines for use of City parks by non-profit groups. 15 10/15/90 COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. The Council expressed concern regarding non-profit groups not being able to use City parks for a special event or on a holiday. Shauna Edwins, City Administrator, explained that the Council may approve use of the parks by non-profit groups if they choose, and that the revised policy guidelines are policies recommended by the Parks and Recreation Department. The Council has the discretion to make the final decision on the use of the parks. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, to adopt the revised policy guidelines established by Parks, Recreation and Community Services Department relative to use of City parks by non-profit groups for fund raising activities; and that the Ways and Means take a closer look at the policy guidelines. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member pope-Ludlam returned to the Council meeting and took her place at the council table. ESTABLISHMENT OF LANDSCAPE CONSTRUCTION AND MAINTENANCE ASSESSMENT DISTRICT FOR WATERMAN AVENUE - EXPANSION OF AUTHORIZATION TO PROCEED & STATUS REPORT (S-2) In a memorandum dated October 10, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that he was directed to proceed with the formation of an assessment district for construction and maintenance of landscaping on Waterman Avenue, from the Santa Ana River to Ninth Street. It has since been proposed that the district be extended from Ninth Street to Baseline Street. The total estimated project cost is $493,000. Council Member Estrada made a motion, seconded by Council Member Reilly, that the authorization to proceed with the establishment of an assessment district for the installation and maintenance of landscaping and irrigation facilities on Waterman Avenue be expanded, from the Santa Ana River to Ninth Street, to the 1-10 Freeway to Baseline Street. The motion carried by the following vote: Ayes: Council Member Estrada, Reilly, Flores, Minor, Pope-Ludlam, Miller. Nays: Council Member Maudsley. Absent: None. APPROVAL OF DESIGN CONCEPT INSTALLATION OF STREETSCAPE IMPROVEMENTS IN MAIN STREET PROJECT AREA (5-3) In a memorandum dated October 10, 1990, Roger Hardgrave, Director of Public Works/City Engineer, reported that elements of the design concept for the streetscape improvements to be 16 10/lS/90 installed within the Main Street Project Area were selected on the basis of considerable committee review and deliberations. Plans have been prepared for these improvements and submitted to the Plan Check Division for review. He felt it was advisable to have the elements in the design concept approved in order to provide a guideline for the plan checking process. Ann Harris, Executive Director of Main Street, explained the design concepts for the Main Street streetscape improvements. The Council discussed the elements deleted from the first design concept and questioned why these elements were deleted. Ann Harris explained why the elements were deleted from the design and gave an overview of the changes for the Main Street streetscape improvements. A discussion ensued regarding the installation of an irrigation system for all new trees, but not for existing trees. The Council expressed concern regarding the irrigation of the existing older trees. Council Member Miller made a motion, seconded by Council Member Estrada, that the elements of the design concept, for installation of streets cape improvements within the Main Street Project Area, be approved. The motion carried by the following vote: Reilly, Pope-Ludlam, I1iller. Nays: Council Maudsley, Minor. Absent: None. Ayes: Members Estrada, Flores, ANNOUNCEMENT - NAACP AGREEMENT (NB-1) It was announced that the agreement with the National Association for the Advancement for Colored People (NAACP) failed to make the agenda for this meeting, but it will be placed on the agenda for the November 5, 1990, Council meeting. Mayor Holcomb agreement with the November 5, 1990. requested by executive order NAACP be placed on the Council that agenda the for COUNCIL MEMBER MILLER EXCUSED At 11:15 a.m., Council Member Miller left the Council meeting. RES. 90-428 - RESOLUTION OF THE CITY OF SAN BERNARDINO INITIATING PROCEEDINGS AND SETTING A PUBLIC HEARING FOR THE PROPOSED ANNEXATION OF THE AREA GENERALLY LOCATED EAST OF HARRISON STREET, SOUTH OF 39TH STREET, WEST OF MOUNTAIN AVENUE AND NORTH OF LYNWOOD DRIVE, DESIGNATED LAFCO 2632. (8-4) 17 10/15/90 Council Member I1inor made a motion, seconded by Council Member Flores, and unanimously carried, that said resolution be adopted. Resolution No. 90-428 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Nays: None. Absent: Council Member Miller. RES. 90-429 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF LEASE AGREEMENT BY AND BETWEEN SERVICE CORPORATION INTERNATIONAL OPERATING THE MOUNTAIN VIEW CEMETERY AND CITY OF SAN BERNARDINO. (AS-1) City Clerk Krasney read the title of the resolution. Council Member Pope-Ludlam made a motion, seconded by Council Member Flores, and unanimously carried, that said resolution be adopted; and that the Mayor be authorized to execute a lease agreement with Mt. View Cemetery Company for the purpose of preserving the building located at the northeast corner of Highland and Waterman Avenues for historical purposes. Resolution No. 90-429 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Nays: None. Absent: Council Member Miller. CONSTRUCTION OF FILL-IN STREET IMPROVEMENTS, PER CHAPTER 27 OF STREETS AND HIGHWAYS CODE & CHAPTER 12.92 OF THE SAN BERNARDINO MUNICIPAL CODE - AUTHORIZATION TO PROCEED (AS-3) In a memorandum dated October 4, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that Chapter 27 of the Streets and Highway Code allows a local agency to order property owners to install fill-in street improvements, such as curb and gutter, sidewalk and paving, whenever at least 50% of the block already has those improvements. For those property owners that fail to install the necessary improvements within the specified time limit, the City would proceed to have the improvements installed and place assessments on the properties to recover the costs. It is recommended that the City upfront the contract cost, and recover this amount over a three-year period from assessments placed on the property tax bills. Council Member Pope-Ludlam made a motion, seconded by Council Member Minor, and unanimously carried, that the Director of Public Works/City Engineer be authorized to proceed with the initiation of proceedings to accomplish the installation of fill-in street improvements under provisions of Chapter 27 of the Streets and Highway Code and Chapter 12.92 of the San Bernardino Municipal Code, for approximately 54 parcels of land throughout the City. 18 10/15/90 DISPOSITION OF CHARTER REVISIONS MADE BY CHARTER REVISION COMMITTEE - CONTINUED FROM EARLIER IN MEETING - SEE PAGE 15 (38) This is the time and place continued to for discussion regarding the disposition of the Charter Revisions made by the Charter Revision Committee. Russell Lackner, Chairman of the Charter Revision Committee, spoke regarding the proposed changes and the rationales for these changes. Mayor Holcomb recommended that a workshop be held with the Committee and the Council to review the proposed revisions and rationales. Council Member Minor made a motion, seconded by Council Member Flores, and unanimously carried, that the disposition of the Charter revisions be continued to December 3, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY- REGULAR MEETING At 11:27 a.m., the 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. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Commission meeting. MC-748 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING REDEVELOPMENT PLAN REDEVELOPMENT PROJECT 719. ORDINANCE NO. MC-561 AND THE FOR THE CENTRAL CITY NORTH AND REPEALING ORDINANCE NO. MC- (R-2A) I1C-749 - AN ORDINANCE CALIFORNIA, AMENDING REDEVELOPMENT PLAN REDEVELOPMENT PROJECT 720. OF THE CITY OF SAN BERNARDINO, ORDINANCE NO. MC-562 AND THE FOR THE CENTRAL CITY WEST AND REPEALING ORDINANCE NO. MC- (R-2B) MC-750 - AN ORDINANCE CALIFORNIA, AMENDING REDEVELOPMENT PLAN REDEVELOPMENT PROJECT 721. OF THE CITY OF SAN BERNARDINO, ORDINANCE NO. MC-563 AND THE FOR THE CENTRAL CITY EAST AND REPEALING ORDINANCE NO. MC- (R-2C) 19 10/15/90 MC-751 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ORDINANCE NO. MC-565 AND THE REDEVELOPMENT PLAN FOR THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AND REPEALING ORDINANCE NO. MC- 722. (R-2D) MC-752 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ORDINANCE NO. MC-558 AND THE REDEVELOPMENT PLAN FOR THE MEADOWBROOK PARK REDEVELOPMENT PROJECT (MEADOWBROOK PROJECT NO.1) AND REPEALING ORDINANCE NO. MC-723. (R-2E) MC-753 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ORDINANCE NO. MC-564 AND THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY SOUTH REDEVELOPMENT PROJECT AND REPEALING ORDINANCE NO. MC- 724. (R-2F) MC-754 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ORDINANCE NO. MC-560 AND THE REDEVELOPMENT PLAN FOR THE STATE COLLEGE REDEVELOPMENT PROJECT NO.4 AND REPEALING ORDINANCE NO. MC-725. (R-2G) Council Member Estrada made a motion, seconded by Council Member Flores, and unanimously carried, that said ordinances be adopted. Ordinance Nos. MC-748, MC-749, MC-750, MC-751, MC-752, MC- 753 and MC-754 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor. Nays: None. Absent: Council Members Pope-Ludlam, Miller. FIRE ALARM SYSTEM FOR VILLASENOR & CODDINGTON BRANCH LIBRARIES (R-4) In a memorandum dated October 10, 1990, Ken Henderson, Executive Director, Community Development/Redevelopment Agency, stated that the Mayor and Council approved funding for the installation of a smoke alarm system to be installed at the Villasenor and Coddington Libraries from Fiscal Year 1989/90 CDBG allocation. Since the grant amount was approved, fire regulations require an engineering plan of the work to be accomplished and said plans must be reviewed by the Fire Department. This added requirement requires an additional $600 for engineering plans to be developed. 20 10/15/90 Council Member Estrada made a motion, seconded by Council Member Flores, and unanimously carried, to approve the increase in CDBG funds in the amount of $2,247 and $1,146.70 to complete the installation of fire alarm system for Villasenor and Coddington Branch Libraries, respectively. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. BELCO DISPOSITION & DEVELOPMENT AGREEMENT RELEASE (R-3) In a memorandum dated October 10, 1990, Ken Henderson, Executive Director, Community Development/Redevelopment Agency, stated that the City and the Redevelopment Agency had entered into agreements with Belco Development Company for development of two commercial properties on Mt. Vernon Avenue. The City/Agency subsequently subordinated its interest to Carpenters Pension Trust Fund, the construction lender. Over the years because of its inability to keep current on its City loan payments, Belco received additional consideration from the Mayor and Council which included deferring of loan payments over a two year period of time. At the end of the two year deferral period, staff learned Belco had become delinquent on its construction loan and Carpenters foreclosed on the Belco properties. The properties were subsequently acquired by Mt. Vernon Properties which wishes to sell. Council Member Maudsley made a motion, seconded by Council Member Reilly, and unanimously carried, to approve the release of Belco Disposition and Development Agreement, subject to the execution of a landscape easement and non-discrimination agreements in a form approved by the City Attorney. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council meeti~g. RES. 90-430 RESOLUTION OF THE MAYOR AND COI1MON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND NEW FRONTIER COMMERCIAL PROPERTIES, INC., A CALIFORNIA CORPORATION PERTAINING TO THE SHOPPING CENTER DEVELOPMENT IN THE NORTHWEST REDEVELOPMENT PROJECT AREA. (RS-1A) Council Member Pope-Ludlam made a Council Member Estrada, and unanimously resolution be adopted. motion, carried, seconded by that said 21 10/lS/90 Resolution Ayes: Council Ludlam. Nays: No. 90-430 was adopted by the following vote: Members Estrada, Flores, Maudsley, Minor, Pope- None. Absent: Council Member Reilly, I1iller. RECESS MEETING - LUNCHEON WORKSHOP At 11:43 a.m., Mayor Holcomb recessed the meeting to a luncheon workshop, in the Management Information Center (MIC) Room, 6th Floor, City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 12:40 p.m., Mayor Holcomb called the to order in the Management Information Center Floor, City Hall, 300 North "D" Street, California. luncheon workshop (MIC) Room, Sixth San Bernardino, ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Ci ty Clerk Krasney, City Administrator Edwins. Absent: City Attorney Penman. DISCUSSION OF BUDGET PROGRAMS POTENTIAL REVENUE SOURCES (NB-2) Shauna Edwins, City Administrator, distributed a work sheet outlining possible savings and potential revenue sources. Ms. Edwins stated that the first page of the worksheet sets a savings of $1,983,000. A total of $S17,000 in cuts is still needed in order to meet the immediate need of two and one half million dollars. City Administrator Edwins also stressed the importance of having a reserve account available. Mayor Holcomb recommended that the Council consider raising the utility users tax and establish a 10% entertainment tax and stressed the importance of these two potential ways to increase revenue. He explained that if Proposition 136 passes, the City will not be able to raise any fees without a vote of the people. Because of the City's budget shortfall of two and one half million dollars, the City needs to act now and prepare for the worst. The Council expressed opposition to raising the utility users tax and felt that the entertainment tax needed to be thoroughly examined. Andy Green, Finance Director, answered questions regarding the total amount of revenue that would be generated with the 10% entertainment tax. 22 10/lS/90 Shauna Edwins, City Administrator, stated that the amount calculated from the 10% entertainment/admission not include non-profit organizations, as it was based on private profit-making organizations. $SOO,OOO tax did strictly City Administrator Edwins pointed out that the City Engineer is conducting a survey to see what other cities charge for engineering fees so this may be another potential source of revenue of approximately $300,000. The Council discussed possible cutback savings and the costs involved in the operation of the garage. Vehicle Cutbacks The Council discussed vehicle cutbacks and. the number of City vehicles that are being taken home. Council Member Minor made a motion, seconded by Council Member Miller, to allow Phil Arvizo to continue taking a City vehicle home. The motion carried by the following vote: Ayes: Members Estrada, Flores, Maudsley, Minor, Pope-Ludlam, Nays: Council Member Reilly. Absent: None. Council Miller. cut. A discussion ensued regarding City programs that might be Council Member Minor made a motion, seconded by Council Member Miller, to close the Utility Center and the Cultural Center at 11th and "E" Streets and that a fee be charged for the cost of lighting the facilities for adult sports. The Council discussed the total cost to operate the Cultural Center at 11th and "E" Streets. The Council also discussed the legalities involved in borrowing $2.S million from a local bank. Mayor Holcomb pointed out that there are many services that are given to the unincorporated areas, and suggested that the City enforce some type of fee collection for these services. The main services provided to these areas presently involve police and fire. A discussion ensued regarding the elimination of the crossing guards as a possible revenue savings. 23 10/1S/90 Mayor Holcomb tabled the motion to close the Utility and CuI tural Centers and the lighting fees for adult sports. He requested that discussion on the budget cut-back programs be continued to 1:00 p.m. on October 18, 1990, in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. ADJOURN LUNCHEON WORKSHOP At 1:55 p.m., Mayor Holcomb adjourned the luncheon workshop to 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:07 p.m., Mayor Holcomb reconvened the Regular meeting of the Mayor and Common Council 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 Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor; Deputy City Attorney Empeno, City Clerk Krasney. Absent: Council Members Pope-Ludlam, Miller; City Administrator Edwins. APPEAL - CONDITIONAL USE PERMIT 90-2 SELF-SERVICE CARWASH AT EXISTING SERVICE STATION - SOUTH WATERMAN AVENUE - CONTINUED FROM OCTOBER 1, 1990 (40) This is the time and place continued to for consideration of Conditional Use Permit No. 90-2, requested by Western Sensystem Engineering Company, Inc. (WSECO) for construction of a self- service drive-through tunnel carwash and storage building at an existing Shell service station located at 1930 South Waterman Avenue. COUNCIL MEMBER MILLER ARRIVED Council Member Miller arrived at the Council meeting and took her place at the council table. Mayor Holcomb opened the hearing. Mayor Holcomb explained that this item was continued from October 1, 1990 to allow the Council to observe a similar station in the California State University area. Several Council Members stated that they had visited the station at the corner of University Parkway and Hallmark in the California State University area. Discussion ensued regarding the apparent practice of customers receiving a car wash without purchasing gasoline, and how that operation might negatively impact the traffic at the Hospitality Lane and Waterman Avenue station. 24 10/15/90 COUNCIL MEMBER POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the Council meeting and took her place at the council table. Discussion ensued regarding the possibility of a different type of development at 930 South Waterman, rather than a service station/car wash business. A car-wash is not the up-scale type of development desired in the Tri-City development area. Mr. Paramand Kumar, President, Western Sensystem Engineering Company, Inc. (WSECO), consulting engineer, spoke regarding the traffic study performed and stated that the Traffic Engineer had already approved the project based on the dedication of land for an additional traffic lane and closure of one driveway. He also stated that the entire station would be upgraded to include a food mart, canopy and the car wash. Mr. Kumar stated that the project conforms to the General Plan. Mr. Mike Cladio, Engineer, Brookhurst, Anaheim, California, University Parkway and Hallmark gallons of gasoline a month. Shell Oil Company, 511 North stated that the station at sells approximately 450,000 The Council questioned Mr. Cladio regarding whether or not the Shell Oil Company would upgrade the station if the car wash is not approved. Mr. Cladio answered questions, stating that implementing a design upgrade depended on the addition of the car wash to the station at Waterman Avenue and Hospitality Lane. Mr. Larry Reed, Director of Planning and Building Services, explained the conditional use permit process and stated that it cannot be construed that because the applicant went through the design and environmental review process for a C.U.P. that he is automatically granted approval. Council Member Flores made a motion, seconded by Council Member Estrada, that the hearing be closed and that the Mayor and Common Council deny the appeal and deny Conditional Use Permit No. 90-2. The motion carried by the following vote: Members Estrada, Reilly, Flores, Maudsley, Minor, Council Member Pope-Ludlam. Absent: None. Ayes: Council Miller. Nays: APPEAL LOT LINE ADJUSTMENT NO. 90-23 NORTHWEST CORNER OF COURT STREET AND ARROWHEAD AVENUE JOHN LIGHTBURN - CONTINUED FROM OCTOBER 1, 1990 (41) This is the time and place continued to for consideration of the appeal of the Development Review Committee's (DRC) approval of Lot Line Adjustment No. 90-23, requested by Mr. John Lightburn. 25 10/15/90 In a memorandum dated September 19, 1990, Larry Reed, Director of Planning and Building Services, stated that the appellant requested that the Mayor and Common Council reconsider the approval and "set aside the approval of Lot Line Adjustment No. 90-23 until such time as a thorough environmental review is conducted in accordance with California Environmental Quality Act (CEQA)". Lot Line Adjustment No. 90-23 combines thirteen lots two lots consisting of a total of 3.3 acres located at northwest corner of Court Street and Arrowhead Avenue. into the Mr. Larry Reed, Director of Planning and Building Services, stated that this item was continued from October 1, 1990, pending a legal opinion from the City Attorney. Mayor Holcomb explained that the legal opinion indicates that the City does not have the discretion at this time to grant the appeal. Deputy City Attorney Empeno stated that Legal Opinion No. 90-24, dated October 12, 1990, addresses the issue of whether or not Lot Line Adjustment No. 90-23 is subject to environmental review under the California Environmental Quality Act (CEQA). The conclusion was that Lot Line Adjustment No. 90-23 is exempt from environmental review pursuant to statutes from the State of California under CEQA (California Environmental Quality Act) because it is a ministerial project. Mr. John Lightburn, 149 West 6th Street, San Bernardino, Ca, 92401, explained the grounds of the appeal. He presented the chronological background of events relative to his research on this matter. He stated his concerns regarding the lack of an environmental review, specifically, in the area of geoseismic liquefaction. He stated he felt this study was mandated by State law as well as City ordinances. Discussion ensued regarding the nature of a public nuisance. Deputy City Attorney Empeno explained that Government Code Section 66412 states that local agencies are limited in what they can do on lot line adjustments. Local agencies can determine only if a lot line adjustment complies with local zoning and building ordinances, but cannot add any conditions or fees. It is clear CEQA does exempt ministerial projects such as this one. Discussion ensued regarding the City's liability regarding the lot line adjustment. Deputy City Attorney Empeno stated that the Sun Company has performed a separate legal analysis which agrees with the City's conclusion. 26 10/15/90 Mayor Holcomb stated that there are no legal grounds to grant the appeal. Council Member Reilly made a motion, seconded by Council Member Minor, that the Mayor and Council deny the appeal, and approve Lot Line Adjustment No. 90-23 subject to the findings and conditions of approval contained in the July 23, 1990, letter of approval, Attachment "C" (supports DRC action). The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Miller. Nays: Council Member Flores. Absent: None. APPEAL - REVIEW OF PLANS NO. 85-125 - CONDITION OF APPROVAL FOR SIGN PERMIT NO. 90-141 STATE WIDE INVESTORS - ERECTION OF ENTRANCE IDENTIFICATION SIGN- PALM AVENUE AND IRVINGTON AVENUE CONTINUED FROM OCTOBER 1, 1990 (42) This is the time and place continued to for consideration of Review of Plans No. 85-125, condition of approval for Sign Permit No. 90-141, requested by State Wide Investors, Inc., to allow erection of an entrance sign identifying its existing 300-unit apartment complex. Deputy City Attorney Empeno stated that this item was continued from the October 1, 1990 meeting to perform a complete review of a standard condition of approval. The standard condition of approval pertains to the applicant's obligation to cooperate fully with, defend, indemnify and hold harmless the City, its officers, agents and employees in the event of any legal challenge and for action against the City in regards to its approval of Sign Permit No. 90-141. He recommended that the Council deny the appeal and keep the condition in question. Mr. Empeno felt the language protects the City and should not be altered. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. Greg Sadick, Executive Vice President, State Wide Investors, 6415 Katella Avenue, Cypress, Ca, 90630-5207, stated that although he did not agree with the provisions of the condition regarding indemnification of the City, he would comply, since approval of the project depends on accepting this condition. Council Member Minor made a motion, seconded by Council Member Flores, and unanimously carried, that the Mayor and Council deny the appeal, and approve Sign Permit No. 90-141 as conditioned by the Planning Commission on August 21, 1990. 27 10/15/90 COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 90-8- NORTH OF COULSTON STREET - BETWEEN CURTIS STREET AND SOUTH EXTENSION OF ROSENA AVENUE (43) This is the time and place set for a public hearing to consider General Plan Amendment No. 90-8 to change the General Plan land use designation from RU-l, Residential Urban to RM, Residential Medium on a rectangular parcel of land comprising 5.0 acres. The site is located approximately 2~0 feet north of Coulston Street, between Curtis Street and the southerly extension of Rosena Avenue. In a memorandum dated September 26, 1990, Larry Reed, Director of Planning and Building Services, stated that the site is located in the County of San Bernardino, but within the City's sphere of influence, and is in the process of being annexed into the City. During the hearing process for the adoption of the General Plan, the applicant requested an RM (Residential Medium) designation before the Planning Commission. However, the Planning Commission did not make a motion on the request and it was denied. Subsequently, the Mayor and Common Council retained the RU-l, Residential Urban designation without discussion. The proposal negative Environmental and initial declaration. Review Committee reviewed the applicant's study on June 28, 1990, and proposed a In his memorandum, Mr. Reed, Director of Planning and Building Services, also stated that the Planning Commission recommended adoption of the negative declaration and approval of General Plan Amendment No. 90-8. Mayor Holcomb opened the hearing. Larry Reed, Director of Planning and Building Services, stated that a petition had been received from Mr. Jake Prins, 25662 Hardt Street, Loma Linda, containing signatures from residents of the area protesting the change in land use designation. Ed Meelhuysen, 25566 Gould Street, which is north of the proposed property, expressed his concerns regarding the gangs in the area, the density of homes in the area and his desire to maintain the area for single family homes only. He also asked questions regarding the possibility of being annexed to the City. He asked if the residents in that area have the option of voting for or against the annexation. 28 10/15/90 Mayor Holcomb explained that unincorporated areas are always annexed into the City in whose sphere of influence the area is located. Mr. Reed stated that the proposed General Plan Amendment No. 90-8 is simply requesting a higher residential density. There will be an opportunity later on, based upon a specific site plan, either through a conditional use permit, or the plans, to look at the site specific plan. Mr. Jake Prins, 25662 Hardt Street, Loma Linda, stated he had spoken with the neighbors and had written a letter to Mr. John Burke, Assistant Planner, to address their concerns. There is only one neighbor who is in favor of building apartments. Mr. Prins also expressed concerns about the low water pressure. The area's water comes from the South San Bernardino Water District on Tippecanoe. COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council meeting. Mr. Dwight Yeoman, 1325 Arroyo Crest, Redlands, the applicant, stated that when the General Plan was approved, the property was divided into two different zones. The proposed amendment is for the upper portion of the property. The bottom portion is contiguous RM, Residential Medium. The County zoning is 3MRM which allows up to 20 units per acre. RES. 90-431 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 90-8 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (43) Council Member Estrada made a motion, seconded by Council Member Reilly, that the public hearing be closed; that the negative declaration be approved; and that the resolution be adopted based on the findings. Res. No. 90-431 was adopted by the following vote: Council Members Estrada, Reilly, Flores, Pope-Ludlam. Council Members Maudsley, Minor. Absent: Council Miller. Ayes: Nays: Member CITY ADMINISTRATOR EDWINS RETURNED City Administrator Edwins returned at the Council meeting and took her place at the council table. CITY ATTORNEY PENMAN RETURNED City Attorney Penman returned at the Council meeting and replaced Deputy City Attorney Empeno. 29 10/15/90 COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council meeting ad took her place at the council table. ANNOUNCEMENT BY CITY ATTORNEY PENMAN AFFIRMATIVE ACTION OFFICER City Attorney Penman announced that at the Council meeting, in closed session, Cecil Dillard Acting Affirmative Action Officer for the City. ACTING last Regular was appointed ADJOURNMENT (44) At 3:30 p.m., Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, to adjourn the meeting to Thursday, October 18, 1990 at 1:00 p.m. in the MIC Room, Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, for consideration and discussion of program budgets and potential revenue sources. RACHEL KRASNEY City Clerk By efanciM. )ln~d..inaJ Sandra Medina, Deputy City Clerk No. of Items: 71 By '~fi./t-(/ p~ Melanie Vale, Deputy ./ City Clerk No. of Hours: 6 30 10/15/90