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HomeMy WebLinkAbout11-19-1990 Minutes City of San Bernardino, California November 19, 1990 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Pro Tempore Minor at 8:40 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 Minor; Council Members Estrada, Reilly, Flores, Maudsley, Minor; Senior Assistant City Attorney Barlow, City Clerk Krasney, City Administrator Edwins. Absent: Mayor Holcomb, Council Members pope-Ludlam, Miller. RECESS MEETING - CLOSED SESSION At 8:40 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: (1) a. to give instruction to the City's/Commission's negotiator on the purchase of property pursuant to Government Code Section 54956.8. The real property which the negotiations concern is generally located at: b. to consider personnel matters pursuant to Government Code Section 54957; c. to meet relations 54957.6; with designated representatives regarding labor matters pursuant to Government Code Section 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 attorney regarding pending litigation pursuant to Government Code Section S49S6.9(b)(1), as there is significant exposure to litigation; f. to confer with the attorney regarding pending litigation pursuant to Government Code Section S49S6.9(c), so that Council/Commission may decide whether to initiate litigation; g. to confer with which has been party pursuant follows: the attorney regarding pending litigation initiated formally to which the City is a to Government Code Section S49S6.9(a) as 1 11/19/90 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. City of San Bernardino. et al- United States District Court Case No. SA 88-461 AHS (RWRx); Charlotte Reynolds vs. City of San Bernardino - San Bernardino Superior Court Case No. 248752 and Case No. E00703l; Save San Bernardino vs. City of San Bernardino - San Bernardino Superior Court Case 250425; City of Redlands vs. Inland Valley Development Aoency et al - San Bernardino Superior Court Case No. 25522; City of San Bernardino vs. Deukmeiian. et al - San Bernardino Superior Court Case No. 256623; Jov Y. Reynolds vs. City of San Bernardino - Los Angeles Superior Court Case No. BC002ll7; County vs. City of San Bernardino (RDA) - San Bernardino Superior Court Case No. 258241; Citv of San Bernardino vs. San Bernardino Valley Water Conservation District - San Bernardino Superior Court Case No. 231454; SBPOA vs. City of San Bernardino - San Bernardino Superior Court Case No. 239366; City of San Bernardino vs. The Simchowitz Corporation. et al- San Bernardino Superior Court Case No. 255534; Liberty Cable TV Co. vs. City 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; Blee vs. City of San Bernardino - San Bernardino Municipal Court Case No. 129524; Brenda Anderson vs. City of San Bernardino Superior Court Case No. 243039; San Bernardino Delores Wilson vs. City of San Bernardino Superior Court Case No. 252224. San Bernardino 2 11/19/90 CLOSED SESSION At 8:40 a.m., Mayor Pro Tempore Minor called the closed session to order in the conference room of the Council Chambers, 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 Minor; Council Members Estrada, Reilly, Flores, Maudsley, Minor; Senior Assistant City Attorney Barlow, City Clerk Krasney, City Administrator Edwins. Absent: Mayor Holcomb; Council Members Pope-Ludlam, Miller. Also present Diane Roth, Deputy City Attorney, John Martin, Senior Assistant City Attorney, Margaret Scroggin, Operations Supervisor in the City Attorney's Office, Henry Empeno, Deputy City Attorney. MAYOR HOLCOMB ARRIVED At 8:47 a.m., Mayor Holcomb arrived at the closed session. COUNCIL MEMBERS POPE-LUDLAM AND MILLER ARRIVED. At 8:50 a.m., Council Members Pope-Ludlam and Miller arrived at the closed session. READING OF RESOLUTIONS AND ORDINANCES Deputy City Clerk Jones read the titles of all the resolutions and ordinances on the regular, supplemental and Community Development Commission agendas. ADJOURN CLOSED SESSION At 9: 19 a. m., the closed session adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 9:30 a.m., Mayor Holcomb called the Regular Meeting of the Mayor and Common Council to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney 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 Invocation was given by Sister Clare Lord of Bethlehem House. PLEDGE OF ALLEGIANCE Pledge of allegiance was led by Council Member Maudsley. 3 11/19/90 ANNOUNCEMENTS BY MAYOR - THE SUN Mayor Holcomb stated that The Sun newspaper newspaper, owned by Gannett Corporation, Rochester, tends to print negative stories about the City stories of a positive nature. (2 ) is a County New York and rather than Mayor Holcomb explained that the problem began years ago when The Sun Company endorsed the Metropolitan Water District and urged that the City join that district. Mayor Holcomb felt that the stories printed by The Sun at that time were not accurate, and another newspaper was established, after which the City successfully defeated The Sun's crusade to make the City join the Metropolitan Water District. Mayor Holcomb he has played a Bernardino: presented a video of various events in which major role as Mayor of the City of San Shandin Hills Golf Course; Omnitrans bus system; Feldheym Library; California State University at San Bernardino; A new sewage treatment water plant; Maruko Hotel; Seccombe Lake Urban State Park; Statue of Dr. Martin Luther King, Jr. in front of City Hall; Hospitality Lane new development; County Building in the downtown area; State College Business Park; Dorothy Ingram Library for the Westside Community; San Bernardino County Hospital; Fifth Street Senior Housing Complex & Senior Citizens Center; Goodwill & Center for Individuals with Disabilities; Four new fire stations; Mayor Holcomb commented on a cartoon clipping published in The Sun newspaper that portrayed Mayor Holcomb, his dog, Plappyjack, and City Attorney Penman. He read an open letter to The Sun in response to the cartoon. He felt that this cartoon was in poor taste and created a negative impression of the Mayor and the City of San Bernardino. Mayor Holcomb offered his support to anyone who wishes to bring a new newspaper into the City of San Bernardino. He stated that the City needs a newspaper that will accurately publish positive events that take place in the City of San Bernardino. 4 11/19/90 PRESENTATIONS - SISTER CITY OF TACHIKAWA, JAPAN (5) Thelma Press, Executive Director, Cultural & International Affairs, introduced Kimiko Fisher, bilingual translator for the 28-member delegation from the Sister City of Tachikawa, Japan, headed by Dr. Nagai, Chairman, and Mrs. Sawatari, Vice Chairman, whose visit commemorates the 30th anniversary of San Bernardino's affiliation with Tachikawa. Mayor Holcomb presented Certificates of Honorary Citizenship to Dr. and Mrs. Nagai and Mrs. Sawatari. PUBLIC COMMENTS - PAUL CHANEY (3) Paul Chaney, Horticulturist, 1532 Belle Street, San Bernardino, spoke regarding the condition of trees in the City of San Bernardino. His concern was that the trees along Valencia Street were not topped properly and that the tree service was providing incompetent service to the City. He requested that the Council adopt a tree commission with public participation to develop a tree preservation maintenance program. Mr. Chaney presented to the Council a packet of information concerning the City's ordinance on the cutting of five or more trees within City limits. PUBLIC COMMENTS - MARILYN RADCLIFFE (3) Marilyn Radcliffe, Victim Support Services, spoke in support of the Victim Support Services program which provides residents in San Bernardino with crisis counseling the moment a crime occurs. She requested that the Council reinstate the budget for the Victim Support Services program. PUBLIC COMMENTS - RICHARD POPE (3) Richard Pope, landscape architect, 761 Bernard way, San Bernardino, spoke regarding improper planting of trees in San Bernardino. City Administrator Edwins explained that the City is concerned about its trees. She stated that the City has created an arborist position, but due to the budget crisis, this posi tion has been put on hold until mid-year. She asked Mr. Pope to come back during mid-year 1991 and look at this position at that time. PRESENTATIONS - MONSIGNOR JOHN BRADLEY (5) Monsignor John Bradley, Pastor of St. Bernardine's Church, presented Mayor Holcomb and Council Members with a copy of a booklet entitled "History of St. Bernardine's". 5 1l/19/90 COMMENDATION - LARRY B. HARVEY (5) Lorraine Velarde, Executive Assistant to the Mayor, read a resolution of commendation to Larry B. Harvey for his outstanding service to the City of San Bernardino. Larry B. Harvey was present to accept the resolution. SERVICE PIN AWARD CEREMONY Lorraine Velarde, Executive Assistant to the names of employees receiving service pin awards. (6 ) Mayor, read the Each employee received a service pin from Mayor Holcomb in gratitude of his/her many years of dedicated service to the City. APPOINTMENT - REV. ALFRED LO PINTO - MOBILE HOME RENT BOARD (S-S) In a memorandum dated November 14, 1990, Mayor W. R. "Bob" Holcomb, requested the appointment of Reverend Alfred LoPinto to the Mobile Home Park Rent Board. Council Member Minor made a motion, seconded by Council Member Reilly, and unanimously carried, to approve Mayor Holcomb's appointment of Reverend Alfred LoPinto to the Mobile Home Park Rent Board. WAIVE READING OF RESOLUTIONS AND ORDINANCES (7) Council Member Estrada, 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 Commission agendas be waived. SET PUBLIC HEARING - DECEMBER 3, 1990 - 10:00 A.M., ADJUSTMENT OF OFF-SITE PLAN CHECKING AND PERMIT FEES (10) In a memorandum dated November 9, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that at the Special Council Meeting of November 8, 1990, a recommendation to adjust the off-site plan checking fees was approved. Staff was directed to implement these adjustments by increasing the off- site plan checking fees from 2.0% to 3%, and the off-site inspection fees from 1.5% to 2.5% of the estimated cost of the improvements. It is estimated that these increases will result in an annual increase in revenue of $167,500, based upon the level of development projected in the 1990/91 Budget. Council Member Estrada 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 December 3, 1990, to receive oral or written presentations on the proposed adjustments in the off-site plan checking and inspection fees. 6 11/19/90 ADOPTION OF STANDARDS FOR STREETS - CIRCULATION ELEMENT OF THE GENERAL PLAN (12) In a memorandum dated November 8, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that the new General Plan, adopted in June, 1989, includes a circulation element comprised of the major traffic carrying streets within the City. All streets in the circulation element are listed on the proposed Standards for General Plan - Circulation Element. Some of the streets that will be significantly changed by these standards are: Baseline Street, "D" Street, Kendall Drive, Waterman Avenue, and Fifth Street. The Legislative Review Committee, at its meeting of November 8, 1990, recommended that the proposed standards be adopted. Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that the Standards for Streets - circulation element (revised), prepared by the Public Works Department, dated November, 1990, be adopted to set the rights-of-way curb separations for streets in the circulation element of the General Plan. CLAIMS AND PAYROLL Council Member Estrada made a motion, Member Reilly, and unanimously carried, payrolls, and the authorization to issue the memorandum dated November 13, 1990, Finance, be approved. (13) seconded by Council that the claims and warrants as listed on from the Director of PERSONNEL ACTIONS (14) Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated November 7, 1990, in accordance with all administrative regulations of the City of San Bernardino, be approved. JOINT POWERS FINANCING AUTHORITY - REGULAR MEETING (15) Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that the regular meeting of the Joint Powers Financing Authority be adjourned to December 17, 1990. RES. 90-460 - RESOLUTION OF THE CITY OF SAN BERNARDINO, AUTHORIZING THE DIRECTOR OF FACILITIES MANAGEMENT TO CANCEL CERTAIN UNCOLLECTIBLE PARKING CITATIONS. (17) RES. 90-461 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, COMMUNITY FACILITIES DISTRICT NO. 995 AND MCCLELLAN DEVELOPMENT, A CALIFORNIA CORPORATION, IN CONNECTION WITH THE MITIGATION OF SCHOOL FEES. (19) 7 11/19/90 RES. 90-462 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO ASSESSOR'S OFFICE FOR APERTURE CARD SERVICES RELATIVE TO COUNTY ASSESSOR'S MAPS. (20) RES. 90-463 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MOONLIGHTING CONSTRUCTION, INC. FOR REPLACEMENT OF DECOMPOSED GRANITE WALKWAYS IN SECCOMBE LAKE PARK WITH PORTLAND CEMENT CONCRETE. (21) RES. 90-464 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO AN AGREEMENT WITH GFB-FRIEDRICH & ASSOCIATES, INC., FOR PROFESSIONAL SERVICES RELATIVE TO THE FORMATION OF ASSESSMENT DISTRICT NO. 987, LOCATED IN THE VERDEMONT AREA. (22) RES. 90-465 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH DAVID TAUSSIG AND ASSOCIATES, INC. FOR TAX CONSULTANT SERVICES FOR THE VERDE MONT AREA COMMUNITY FACILITIES DISTRICT NO. 995, FOR THE 1991-92 FISCAL YEAR. (24) Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolutions be adopted. Resolution Nos. 90-460, 90-461, 90-462, 90-463, 90-464, and 90-465 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. ORD. MC-7SS AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 15.73.060 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE TIME FOR PAYMENT OF THE VERDEMONT AREA INFRASTRUCTURE FEE. FINAL (28) ORD. MC-7S6 AN ORDINANCE OF THE BERNARDINO ADDING SECTION 5.04.076 BERNARDINO MUNICIPAL CODE RELATING DELINQUENT BUSINESS LICENSES FEES. CITY OF SAN TO THE SAN TO LIENS FOR FINAL (29) ORD. MC-7S7 - ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 8.38 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO SIGNS ON VACANT PROPERTIES. FINAL(30) ORD. MC-758 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SUBSECTION 15.04.175 OF THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING ON-SITE IMPROVEMENT PLAN REVIEW FEES BY THE INCLUSION OF LANDSCAPING IMPROVEMENTS. FINAL ( 31) 8 11/19/90 Council Member Estrada made a motion, seconded by Council Member Reilly, that said ordinances be adopted. Ordinance Nos. MC-7SS, MC-7S6, MC-7S7, adopted by the following vote: Ayes: Council Reilly, Flores, Maudsley, Minor, Pope-Ludlam, None. Absent: None. and MC-7S8 were Members Estrada, Miller. Nays: UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 20 - 40TH STREET BETWEEN KENDALL DRIVE AND PALM AVENUE (8) In a memorandum dated November 5, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that the proposed formation of Underground Utility Assessment District No. 20, was approved by the City's Underground Utility District Committee at their meeting of October 4, 1990. This project consists of widening 40th Street, from Kendall Drive to Electric Avenue. Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding the source of funds to complete the proposed project. Council Member Maudsley made a motion, seconded by Council Member Minor, and unanimously carried, that the Director of Public works/City Engineer and the City Clerk be authorized to proceed with the establishment of Underground Utility Assessment District No. 20 generally located along 40th Street, between Kendall Drive and Palm Avenue. INSTALLATION OF STORM DRAIN IN MILL STREET AND MODIFICATION OF TRAFFIC SIGNALS - MILL STREET AND SOUTH "E" STREET - TRANSFER OF FUNDS (9) In a memorandum dated November 1, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that plans for street improvements have been prepared and the project is ready to be advertised for bids. The project consists of installing a storm drain in Mill Street, from "E" Street to Warm Creek Channel, paving over the dips at "E" Street, and modifying the traffic signals at Mill Street and "E" Street to provide left turn phases for the "E" Street approaches. The total estimated project cost is $393,700. Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding supplemental funding needed to fully finance the total estimated project cost. Council Member Minor made a motion, seconded by Council Member Flores, and unanimously carried, that the transfer of $70,000 from Account No. 248-368-57833, "Morgan Road Storm Drain", and $17,900 from Account No. 250-670-57483, "Tippecanoe Avenue Signals," to Account No. 248-368-57832, "Mill Street - 'E' to Warm Creek", be approved. 9 11/19/90 Council Member Minor made a motion, seconded by Council Member Flores, and unanimously carried, that the plans for installation of a storm drain in Mill Street, from "E" Street to Warm Creek, and modification of traffic signals at "E" Street, Mill Street and Inland Center Drive, in accordance with Plan No. 8261, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids. PRESENTATION - AIR QUALITY MANAGEMENT PLAN (11) In an undated memorandum, Larry Reed, Director of Planning and Building Services, stated that the 1989 Air Quality Management Plan (AQMP) was prepared by SCAG in conjunction with the South Coast Air Quality Nanagement District (AQMD) in response to federal and state laws, primarily the Clean Air Act. The AQMP identifies 122 measures to improve the region's air quality. Phil Arvizo, Executive Assistant to the Council, gave background information regarding the five types of action which will soon have to be acted upon by the fifteen city councils and the Board of Supervisors to improve the region's air quality. The proposed local government actions are listed as follows: Proposed Local Government Actions 1. Talkino Instead of Travelino - The main idea of this strategy is to conduct business and meetings using phone systems instead of driving your car. 2. Less Parkino But More People - This strategy consists of putting a price on parking spaces in a County where it is typically "free" and eventually reducing parking standards so that other means of travel are more competitive. 3. Fewer Trips and Shorter Trips - The thrust of this strategy is to get local governments and businesses to help eliminate auto trips by setting up plans so that a significant number of employees will share rides or use some other means of work travel. 4. Land Uses Working Tooether - The idea of this strategy is to arrange land uses so they potentially require fewer auto trips as well as shorter trips where they need to be made. S. Less Dust From Roads and Farmino - The main focus of this strategy is to establish requirements to control dust during road and building construction as well as suppressing dust from the use of paved and unpaved surfaces. 10 11/19/90 A discuss ion ensued regarding the City's share of revenue collected as a result of the passage of Proposition 125 - Motor Vehicle Fuels Tax, Rail Transit Funding. Council Member Miller made a motion, seconded by Council Member Ninor, and unanimously carried, that the Air Quality Management Plan, prepared by South Coast Air Quality Management District (AQMD) and SCAG, be received and filed. COUNCIL MEMBER MAUDSLEY EXCUSED Council Member Maudsley left the Council Meeting. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 10.16.150 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO PARKING RESTRICTIONS. FIRST (38) RES. 90-466 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE FILING OF AMENDMENT TO THE UNIFORM BAIL SCHEDULE ADDING A FIFTEEN DOLLAR BAIL FOR PARKING ON UNIMPROVED PARKING SURFACES. (16) Council Member Reilly made a motion, seconded by Council Member Minor, and unanimously carried, that said ordinance be laid over for final passage. Council Member Reilly made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution Ayes: Council Ludlam, Miller. No. 90-466 was adopted by the following vote: Members Estrada, Reilly, Flores, Minor, Pope- Nays: None. Absent: Council Member Maudsley. COUNCIL MEMBER MAUDSLEY RETURNED Council Member Maudsley returned to the Council Meeting and took his place at the council table. RES. 90-467 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STURGES FOUNDATION FOR THE PROMOTION OF ARTS AND CULTURE. (18) A discussion ensued regarding appropriation of funds for the position of Fine Arts Coordinator. Council Member Estrada made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 90-467 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Pope-Ludlam, Miller. Nays: Council Members Maudsley, Minor. Absent: None. 11 11/19/90 RES. 90-468 - RESOLUTION OF THE CITY OF SAN BERNARDINO VACATING AND QUITCLAIMING THAT CERTAIN SEWER EASEMENT LOCATED SOUTH OF MILL STREET, BETWEEN "G" STREET AND CRESCENT AVENUE, IN SAN BERNARDINO, TO THE OWNERS NOW OF RECORD. (23) Council Member Flores made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 90-468 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, pope-Ludlam, Miller. Nays: None. Absent: None. RES. 90-469 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE CONNECTION OF A TOILET ROOM ADDITION TO A GENERAL TELEPHONE COMPANY FACILITY LOCATED AT 9645 SOUTH WATERMAN AVENUE TO THE CITY'S SEWER SYSTEM. (25) Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 90-469 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope- Ludlam, Miller. Nays: Council Member Minor. Absent: None. RES. 90-470 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE CONNECTION OF A SELF SERVICE LAUNDROMAT LOCATED AT 2504 MACY STREET TO THE CITY'S SEWER SYSTEM. (26) Council Member Estrada made a motion, seconded by Council Member Flores, that said resolution be adopted. Ayes: Nays: Resolution No. 90-470 was adopted by the following vote: Council Members Estrada, Reilly, Flores, Pope-Ludlam. Council Members Maudsley, Ninor, Miller. Absent: None. ORD. MC-7S9 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 2.58.200 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO CONTINUANCES OF ITEMS ON THE AGENDA OF THE MAYOR AND COMMON COUNCIL. FINAL (27) A discussion ensued regarding provlslons in the ordinance that would cover situations when the appellant may not be able to file a written request in a timely manner due to an emergency. Council Member Minor made a motion, seconded by Council Member Flores, that said ordinance be adopted. 12 11/19/90 Ordinance MC-7S9 was adopted by the following vote: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Ludlam, Miller. Nays: None. Absent: None. Ayes: Pope- PUBLIC HEARING ESTABLISHMENT OF ENERGENCY MEDICAL FEES (32) This is the time and place set for a public hearing on the establishment of emergency medical fees. In a memorandum dated November 2, 1990, William L. Wright, Fire Chief, proposed that the City establish user fees for providing emergency medical services as follows: $100.00 for basic life support and $200.00 for advanced life support provided by the Fire Department. The proposal also allows for residents to avoid the out of pocket expense for advanced life support or basic life support user fee by becoming members of the Voluntary Paramedic Membership Program by paying a membership fee of $24.00. A low income membership fee of $12.00 would also be available for those who qualify. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.72 TO THE NUNICIPAL CODE ENTITLED "USER FEES FOR EMERGENCY MEDICAL SERVICES," AUTHORIZING THE COLLECTION OF USER FEES AND MEMBERSHIP FEES FOR FIRE DEPARTMENT EMERGENCY MEDICAL SERVICES. FIRST (32) RES. 90-471 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING EMERGENCY MEDICAL FEES TO BE CHARGED BY THE FIRE DEPARTMENT OF THE CITY OF SAN BERNARDINO. (32) Mayor Holcomb opened the hearing. Shauna Edwins, City Administrator, Emergency Medical Services/Paramedic User Membership Program will be implemented. explained Fees and how the Voluntary Fire Chief Wright answered questions regarding marketing and recruiting methods for the voluntary membership program. Ms. Edwins answered questions regarding use of the revenue generated from the user and membership fees stating that the revenue generated from the user and membership fees would be used to purchase MDT's for the Police Department. Council Member Minor made a motion, seconded by Council Member Flores, and unanimously carried, that the hearing be closed; that further reading of the ordinance be waived; that said ordinance be laid over for final adoption; and that the resolution be adopted. 13 11/19/90 Resolution No. 90-471 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. PUBLIC HEARING ESTABLISHMENT OF STORM DRAIN FEE- PROJECT 3-5 - PEPPER AND RANDALL AVENUE - COMPREHENSIVE STORM DRAIN MASTER PLAN (33) This is the time and place set for a public hearing on the establishment of storm drain fees of $7,159 per acre within Project 3-5 Pepper/Randall. In a memorandum dated October 19, 1990, Roger G. Hardgrave, Director of Public works/City Engineer, stated that after several meetings and much discussion, the County of San Bernardino has completed the study on Project 3-5, the Comprehensive Storm Drain Plan No. 3 for the area south of 6th Street and east of the Southern Pacific Railway (Pepper/Randall). The study suggests that the County, City of San Bernardino, City of Rialto and the City of Colton impose a fee of $7,159 per acre on all development in the Project 3-5 drainage area. This fee has the potential to generate $5.56 million of the $8 million estimate of cost to construct adequate improvements to meet the needs of the area. Mayor Holcomb opened the hearing. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. Roger Hardgrave, Director of Public Works/City Engineer, stated that the agreement with the City of Colton will not be ready until the first week in December. He requested that the public hearing on the establishment of storm drain fees be continued. Council Member Flores made a motion, seconded by Council Member Minor, and unanimously carried, that the public hearing on the establishment of storm drain fees for Project 3-5, in Comprehensive Storm Drain Master Plan, be continued to December 17, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. PROTEST HEARING - NOTICE TO CONSTRUCT CHAPTER 12.92 IMPROVEMENTS (34) In a memorandum dated November 5, 1990, Roger G. Hardgrave, Director of Public works/City Engineer, stated that the property owners listed on Exhibit "A" of the staff report must commence construction of Chapter 12.92 improvements by December 21, 1990, otherwise, the City will cause the improvements to be installed. If the City installs the improvements, the owners will then be assessed for the costs of the improvements over a three year period at 7% interest per annum on the unpaid balance. 14 11/19/90 Mayor Holcomb opened the hearing. No protests were received. Council Member Minor made a motion, seconded by Council Member Reilly, that any objections or protests be overruled; that the hearing be closed; and find and determine that the public convenience and necessity require the installation of offsite improvements in front of those parcels of land described on Exhibit "A" attached to the staff report from Roger G. Hardgrave, Director of Public works/City Engineer, dated November 5, 1990, and order the work done (excepting parcels No. ); and that the Director of Public Works/City Engineer be directed to cause the installation of said improvements if the property owners have not commenced such construction by December 21, 1990. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Minor, Miller. Nays: Member Maudsley. Absent: Council Member Pope-Ludlam. Council Council PUBLIC HEARING - ANNEXATION OF TERRITORY LOCATED NORTH OF LYNWOOD DRIVE, EAST OF HARRISON STREET - LAFCO 2632 - CONTINUED FROM NOVEMBER 5, 1990 (35) This is the time and place continued to for a public hearing on the proposed resolution ordering the annexation of territory generally located north of Lynwood Drive, east of Harrison Street (LAFCO 2632). In a memorandum dated October 11, 1990, Roger G. Hardgrave, Director of Public works/City Engineer, stated that a petition for annexation was filed with the Local Agency Formation Commission by registered voters residing in the territory generally located north of Lynwood Drive, east of Harrison Street. 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 ORDERING ANNEXATION NO. 349 (LAFCO 2632) FOR THE TERRITORY GENERALLY LOCATED NORTH OF LYNWOOD DRIVE, EAST OF HARRISON STREET, SOUTH OF 39TH STREET AND WEST OF MOUNTAIN AVENUE AND DETACHMENT FROM CSA 38, CSA 38 ZONE G, CSA 38 ZONE L, CSA 70, CSA 70 ZONE A AND CSA SL-1. (Continued from November 5, 1990) (35) Mayor Holcomb opened the hearing. It was pointed out that the petition presented to the City by John Littleton contained enough valid signatures to terminate proceedings for the proposed annexation of territory located north of Lynwood Drive, east of Harrison Street. 15 11/19/90 Council Member Reilly made a motion, seconded by Council Member Maudsley, and unanimously carried, that the proceedings relative to Annexation No. 349 (LAFCO 2632), for the territory generally located north of Lynwood Drive, east of Harrison Street, south of 39th Street and west of Mountain Avenue, be terminated. RES. 90-472 - RESOLUTION AUTHORIZING EXECUTION OF 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, AND RESCINDING RESOLUTION NO. 90- 429. (Continued from October 25, 1990) (36) Senior Assistant City Attorney Barlow explained the revisions made in the resolution. Council Nember Minor made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 90-472 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Nays: None. Absent: Council Member Pope-Ludlam. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS 2.56.173 AND 2.56.175 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO UNCONTESTED ELECTIONS. FIRST (37) Senior Assistant City Attorney Barlow explained the provisions in the ordinance. Council Member Reilly made a motion, seconded by Council Member Maudsley, and unanimously carried, that said ordinance be laid over for final passage. RECESS MEETING At 11:19 a.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 11:30 a.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 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. 16 11/19/90 ORDINANCE OF THE CITY OF THE CITY OF SAN BERNARDINO AMENDING SECTION 5.04.525. B AND ADDING SECTION S.04.S2S.G TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO BUSINESS LICENSE FEES FOR BARBER SHOPS, MANICURISTS, SHAMPOOING AND HAIRDRESSING PARLORS. FIRST (S-l) City Administrator Edwins stated that salon owners will be required to report space rental fees and receipts made on products sold in the salon. Ms. Edwins business license is adopted. answered questions regarding the additional cost to individual operators if the ordinance Council Member Flores made a motion, seconded by Council Member Reilly, and unanimously carried, that said ordinance be laid over for final passage. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY- REGULAR MEETING At 11:32 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. SALE OF CITY-OWNED PROPERTY TO KWANG-TAE PARK (EL DORADO PLAZA) (R-l) In a memorandum dated November 14, 1990, Kenneth J. Henderson, Executive Director, Development Department, stated that staff had received an offer to purchase property at the northwest corner of Mt. Vernon Avenue and Eleventh Street owned by the Community Development Department. The prospective buyer, Mr. Kwang-Tae Park, owner of the EI Dorado Plaza, proposes to build a 45,000 square foot neighborhood shopping center which could be co-anchored by McDonald's and International House of Pancakes. Council Member pope-Ludlam made a motion, seconded by Council Member Maudsley, and unanimously carried, that the Mayor and Common Council approve the sale of Community Development- owned property at the northwest corner of Mt. Vernon Avenue and Eleventh Street to Kwang-Tae Park (EI Dorado Plaza) for the development of a 45,000 square foot neighborhood shopping center at a price not less than $5.00 per square foot with the close of escrow to be contingent upon the issuance of building permits. RES. 90-473 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF UNDERTAKING THE 40TH STREET CORRIDOR PLAN FOR THE STATE COLLEGE REDEVELOPMENT PROJECT AREA. (R-4) 17 11/19/90 Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 90-473 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, pope-Ludlam, Miller. Nays: None. Absent: None. CHANGE OF MEETING The Mayor and Council discussed Regular Council Meeting of December 3, 1990, as the Mayor and several Counc il present to attend the meeting. ADJOURNMENT DATE FOR NEXT REGULAR COUNCIL (RS-2) rescheduling the 1990 to December Members will not next 10, be Council Member Minor made a motion, seconded by Council Member Reilly, and unanimously carried, that the Regular Council Meeting of December 3, 1990, be rescheduled to December 10, 1990, at 8:30 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ADOPTION OF DEVELOPMENT CODE (41) In a memorandum dated November 19, 1990, Larry E. Reed, Director of Planning and Building Services, stated that in June 1989, after adoption of the General Plan, the Mayor and Common Council entered into an agreement with the firm of Jacobson and Wack, Inc., for the preparation of the Development Code. By the end of 1989, the City received an Administrative Draft of the Development Code which was reviewed by various City Departments. Recommendations were incorporated resulting in the Preliminary Draft of the Development Code. Workshop recommenda- tions were incorporated into the Preliminary Draft, resulting in the Final Draft of the Development Code. The Final Draft has been reviewed through public hearings conducted by the Planning Commission with a recommendation that the Mayor and Common Council adopt the proposed environmental clearance and the Final Draft of the Development Code as redlined. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that a workshop on the Final Draft of the Development Code be set for December 10, 1990, at 12:00 p.m., in the Management Information Center, (MIC), Sixth Floor, City Hall, San Bernardino, California. SELECTING ALTERNATIVE DATES FOR COUNCIL MEETINGS FALLING ON HOLIDAYS (42) In a memorandum dated October 23, 1990, Mayor W. R. "Bob" Holcomb, stated that when a holiday falls on a Council meeting date, it would be better to have the Council meeting on the following Wednesday, rather than on Tuesday. 18 11/19/90 Council Member Minor made a motion, seconded by Council Nember Miller, and unanimously carried, that whenever the Council meeting is adjourned to Tuesday by way of Charter Section 35, the City Clerk be instructed to post the Tuesday meeting and adjourn said meeting to 8:30 a.m., the following day. CONDITIONAL CERTIFICATE OF OCCUPANCY TENANTS OF SHOPPING CENTER LOCATED AT THE NORTHEAST CORNER OF HIGHLAND AVENUE AND PALM STREET (43) In a memorandum dated November 8, 1990, Larry E. Reed, Director of Planning and Building Services, requested the Mayor and Council consider a request by the tenants of the shopping center located at the northeast corner of Highland Avenue and Palm Street to issue a conditional certificate of occupancy subject to conditions. It was the consensus of the Council, that this matter be continued to later in the afternoon for more information. See page 23. DELETING AND ADDING POSITIONS IN FIRE DEPARTMENT- AMENDMENT TO RESOLUTION 6433 (44) In a memorandum dated November 8, 1990, Diana M. Ramirez, Personnel Analyst, stated that in an attempt to reorganize the Fire Department, staff is recommending a reduction of three Battalion Chief Aide positions to be replaced with four civilian positions. It is also recommended that one position of Storekeeper be added to this department. This will result in a savings of $36,450.00 annually and increase needed administrative staff. It was the consensus of the Council, that further action on this matter be continued to later in the meeting. (See page 33) DOWNGRADE OF POSITIONS IN PUBLIC WORKS/CITY ENGINEERING DEPARTMENT (45) In a memorandum dated November 9, 1990, Diana Ramirez, Personnel Analyst, stated that the Director of Public Works/City Engineer recommended the downgrading of a Civil Engineering Assistant II position to an Engineering Aide. This downgrade will result in a savings of $18,392 annually. In a memorandum dated November 1, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, provided a job description for the Engineering Aide position. Council Member Maudsley made a motion, seconded by Council Member Flores, and unanimously carried, that one position of Civil Engineering Assistant II be deleted and one position of Engineering Aide be added to the Engineering/Public Works Department. 19 11/19/90 Council Member Maudsley made a motion, seconded Member Flores, and unanimously carried, that the Department be directed to amend Resolutions 6433 Section 10. by Council Personnel and 6413, COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.90.040F OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE APPLICABILITY OF THE MOBILE HOME PARK RENT STABILIZATION ORDINANCE TO CERTAIN RECREATIONAL VEHICLES. FIRST (S-2) A discussion ensued regarding the provisions in the ordinance addressing mobile home rent control on recreational vehicles located in a mobile home park for more than ninety days. Council Member Flores made a motion, seconded by Council Member Reilly, and unanimously carried, that said ordinance be laid over for final passage. OUT-OF-STATE TRAVEL - INTRODUCTION TO UNIX NETWORKING SEMINAR - TUCSON, ARIZONA - DECEMBER 6, 1990 - MARK YAVORNICKY (S-3) In a memorandum dated November 14, 1990, Janis Ingels, Data Processing Manager, requested authorization of out-of-state travel to Tucson, Arizona for Mark Yavornicky, Programer I, to attend an "Introduction to Unix Networking" seminar December 6, 1990. Council Member Flores made a motion, seconded by Council Member Miller, and unanimously carried, that Mark Yavornicky, Programmer I, be authorized to travel to Tucson, Arizona, to attend an "Introduction to Unix Networking" seminar on December 6, 1990. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. 90-474 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO B-1 ENTERPRISE CORPORATION FOR CONSTRUCTING HANDICAP RAMPS AT VARIOUS LOCATIONS AND STREET IMPROVEMENTS ON TENTH STREET, FROM "D" STREET TO ARROWHEAD AVENUE. (S-4) Council Member Minor made a motion, seconded by Council Member Miller, that said resolution be adopted. Ayes: Nays: Resolution No. 90-474 was adopted by the following vote: Council Members Reilly, Flores, Maudsley, Minor, Miller. None. Absent: Council Members Estrada, pope-Ludlam. 20 11/19/90 COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the council table. STATUS OF CITY TREASURER POSITION (S-6) City Administrator Edwins explained the options combining the City Treasurer's duties and responsibilities those of the Finance Department. for with The Mayor and Council agreed to continue further discussion on the status of the City Treasurer position until later in the afternoon. See page 27 RECESS MEETING At 12:05 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino recessed to a luncheon workshop in the RDA Board Room, Fourth Floor, City Hall, 300 North "D" Street, to receive information regarding the widening of I-2lS and the Commuter Rail project. RECONVENE MEETING At 12:30 p.m., Mayor Holcomb called the luncheon workshop to order in the Redevelopment Agency Board Room, Fourth Floor, 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. LUNCHEON WORKSHOP - I-2lS WIDENING UPDATE This is the time and place set for a receive updated information on the widening Rail service in the City of San Bernardino. AND COMMUTER RAIL (39) luncheon workshop to of I-2lS and Commuter Wes McDaniel, Executive Director, San Bernardino Association of Governments, introduced Don Capelle, Project Manager, Parsons, Brinckerhoff, Quade & Douglas, Inc., a member of the I-21S improvement project team. Mr. McDaniel presented to the Council a document which contained goals and objectives on the I-21S improvement project as follows: 1. Improve traffic safety and operational characteristics; 2. Improve freeway access and freeway capacity; 3. Accommodate local planning goals; 4. Reduce barrier effect of I-2lS by replacing the left entrance and exit ramps with improved access; S. Minimize environmental impacts; 6. Improve freeway aesthetics; and 7. Develop a coordinated infrastructure plan with the AT&SF Railway. 21 11/19/90 Mr. different I-2lS. McDaniel referred to three maps which showed the alternatives and options available for the widening of Alternative One - Adds one lane in each direction with a limited frontage road system. The frontage road system with access control proposed from Orange Show Road to Mill Street and from 4th Street to 16th Street will eliminate all left-hand entrance-and exit-ramps. The frontage road system will replace all hook ramps, make use of split diamond type interchange configurations, make use of auxiliary lanes to provide adequate weaving distances, and will provide unrestricted right-of-way requirements. Alternative Two - Adds one lane in each direction with a limited frontage road system. This alternative basically is the same as Alternative 1. The frontage road system north of 1st Street is the same as Alternative 1. Variations in the frontage road system are between Orange Show Road and Mill Street and the right-of-way requirements are minimized with the use of retaining walls. Alternative Three - Adds one continuous frontage road system. system is proposed from Orange Street with use of slip ramps for road system and the freeway. lane in each direction with a A full length frontage road Show Road north to Baseline access to and from the frontage Mr. McDaniel stated that each alternative has the option for lane additions to be high occupancy vehicle lanes rather than mixed flow lanes. Each alternative also has the option to be designed with the AT&SF railway relocated out of the area, and its right-of-way used for freeway/frontage road system improvements. Wes McDaniel stated that construction of the I-2lS improvements are proposed in a three phased construction plan to minimize the construction impact for those using the freeway and residents of the City. He stated that engineering plans have been developed and a public hearing will be held in November, 1991. Mr. McDaniel stated that negotiations are taking place with AT&SF Railway regarding relocation of the railroad tracks along I-2lS. Mr. McDaniel stated that the San Bernardino Association of Governments has approved a joint powers authority agreement to operate a commuter train from San Bernardino to Los Angeles. No formal action was taken. 22 11/19/90 RECESS LUNCHEON WORKSHOP At 1:25 p.m., Mayor Holcomb recessed the luncheon workshop until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:00 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, Pope-Ludlam, Miller; Deputy City Attorney Empeno, City Clerk Krasney, City Administrator Edwins. Absent: None. REQUEST FOR CONDITIONAL CERTIFICATE OF OCCUPANCY BY TENANTS OF SHOPPING CENTER NORTHEAST CORNER OF HIGHLAND AVENUE AND PALM STREET CONTINUED FROM EARLIER IN THE MEETING. SEE PAGE 19 (43) This is the time and place continued to from earlier in the meeting to consider a request by tenants of the shopping center located at the northeast corner of Highland Avenue and Palm Street to issue a conditional certificate of occupancy subject to conditions. In a memorandum dated November 8, 1990, Larry E. Reed, Director of Planning and Building Services, explained that Vistar Financial Incorporated, owner of the shopping center at the northeast corner of Highland and Palm Avenue obtained Planning approval under Review of Plans No. 86-127 on June 11, 1987. Construction started in November, 1989. The shopping center has been substantially completed since August, 1990, although, Vistar has been experiencing financial problems that has not allowed them to complete the shopping center. The architect is no longer providing architectural services and the general contractor has left the job site. This situation has left at least two of the shopping center's tenants in a difficult position. A real estate office has hired staff, purchased office furniture (now in storage) and is 85% completed with their tenant improvements. The tenants and the City are caught between the owner's financial difficulties and the City's development codes. The tenants cannot obtain a business license until the owners obtain a building certif icate of occupancy. The City cannot issue the owner a certificate of occupancy until the shopping center is completed or until the owner has been bonded for its completion. 23 11/19/90 The tenants have requested the City to issue the owner a conditional certificate of occupancy for one year with the understanding that: one, if the shopping center is not completed, the City should proceed to complete the shopping center using City funds; and two, the cost of the work, if the owner does not reimburse the City, can be placed as a lien against the property. Director Reed explained the revisions made to the proposed motions on the staff report dated November 8, 1990. Mayor Holcomb suggested that the request by the tenants of the shopping center located at the northeast corner of Highland Avenue and Palm Street to issue a conditional certificate of occupancy subject to conditions be approved in concept; and that the City Attorney and Planning and Building Services Director meet to work out the details. Deputy City Attorney Empeno answered questions regarding the method by which the City could recoup its costs in the event the owner fails to complete the shopping center in accordance with the City's standard conditions and building code requirements. A discussion ensued regarding the Planning and Building Services staff being authorized to negotiate an agreement with the owner of the shopping center. Council Member Minor made a motion, seconded by Council Member pope-Ludlam, and unanimously carried, for discussion purposes only, to authorize staff to enter into an agreement with the owner of the shopping center to determine how a temporary certificate of occupancy can be issued incorporating all standards and safeguards to protect the City. Mayor temporary building. Holcomb explained that the certificate of occupancy in tenants order are seeking a to occupy the A discussion ensued regarding the legal ramifications of issuing a temporary certificate of occupancy to the tenants of the shopping center. Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that staff be authorized to negotiate an agreement with the owner of the shopping center located at the northeast corner of Highland Avenue and Palm Street to issue a temporary certificate of occupancy using all of the standard safeguards in an agreement to protect the City's interests. 24 11/19/90 AMENDMENT TO RESOLUTION 6433 DELETING AND ADDING POSITIONS IN THE FIRE DEPARTMENT CONTINUED FROM EARLIER IN MEETING. SEE PAGE 19 (44) This is the time and place continued to from earlier in the meeting to discuss the deletion and addition of positions in the Fire Department. City discussed continued Administrator Edwins requested that in closed session under personnel to later in meeting. See page 33) this matter be matters. (Item APPEAL - DENIAL OF VARIANCE NO. 90-08 - INSTALL WALL SIGNS ON FOUR SIDES OF A RESTAURANT IN THE PACE SHOPPING CENTER, HARRIMAN PLACE AND GAGE CANAL- CONTINUED FROM NOVEMBER 5, 1990 (46) This is the time and place continued to for an appeal on the denial of Variance No. 90-08, to install wall signs on a restaurant building in the Pace Shopping Center located southeasterly of the intersection of Harriman Place and Gage Canal. In an undated memorandum, Larry E. Reed, Director of Planning and Building Services, stated that the applicant, Yoshinoya west, Incorporated, through their sign contractor, San Pedro Electric Sign Company, is appealing the denial of Variance No. 90-08. The applicant requested that the Mayor and Council approve the variance to allow the placement of wall signs on four sides of a newly constructed restaurant in the Pace shopping center located southeasterly of the intersection of Harriman Place and Gage Canal. Larry Reed, Director of Planning and Building Services, gave background information regarding Variance No. 90-08. Mr. Reed answered questions regarding the types of signs to be installed by the applicant. Mark Frank, of San Pedro Electric Sign Company, stated that his original request included four wall signs and a freeway sign, but he would be willing to give up the freeway sign if the Council approved the installation of four wall signs on the restaurant building. Council Member Estrada made a motion, seconded by Council Member Reilly, that the hearing be closed; and that the appeal be upheld and that the matter be referred to staff for the preparation of findings of fact in support of the appellant's request with the understanding that there would be signs on four sides of the restaurant and not by the freeway. 25 11/19/90 The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Nays: Council Member Miller. Absent: None. PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 90-10- CHANGE LAND USE DESIGNATION FROM RS TO RMH - PARCEL ON SOUTHEAST CORNER OF GILBERT STREET AND CEDAR STREET- HERBERT RANKIN, PRI GROUP INC. (47) In an undated memorandum, Larry E. Reed, Director of Planning and Building Services, stated that the applicant, Herbert Rankin, PRI Group Inc., 12555 High Bluff Drive, #318, San Diego, CA 92130, requested a land use designation change from RS, Residential Suburban (4.5 dwelling units per acre) to RMH, Residential Medium High (24 dwelling units per acre) on a 1.47 acre parcel of land on the southeast corner of Gilbert Street and Cedar Street. The applicant's site contains a 26-unit apartment which is about 50 years old. The land to the west of the site, across Cedar Street, is designated RS and is an established neighborhood comprised of one-story, single-family homes. The applicant's request to change the land use designation to RMH is not consistent with the General Plan. This designation would permit the existing structures to be removed and new units constructed in their place. The structures could be built to a height of three stories. Mayor Holcomb opened the hearing. Charles Metzger, 17511 Corte Lomas Verdes, Poway, CA 92064, owner of the property located at 1443 Cedar Street, spoke in support of General Plan Amendment No. 90-10. He stated that he had purchased the property in March, 1989, and has plans to rehabilitate the building. Jack and Ruth Clarkson, 7038 Canyon Road, San Bernardino, CA, spoke in opposition to the provisions in the General Plan amendment which allow for the structures to be built to a height of three stories. Mr. and Mrs. Clarkson stated they did not oppose the remodeling of the apartment building, only the provision that would allow the owner to rebuild the structure to three stories, as tenants of the three story building would be looking directly into their backyards. Ruben Gonzales, 7039 Canyon Road, San Bernardino, CA, stated that he was not in favor of higher density in his neighborhood. Mr. Metzger stated that he was not concerned with building the structure to a height of three stories, but that he only wanted the higher density in order to remodel the building. 26 11/19/90 Council Member Reilly made a motion, seconded by Council Member Estrada, and unanimously carried, that General Plan Amendment No. 90-10 to change the land use designation from RS to RMH on a 1.47 acre parcel on the southeast corner of Gilbert Street and Cedar Street, be referred back to the Planning Commission for re-evaluation. STATUS OF CITY TREASURER POSITION CONTINUED FROM EARLIER IN THE MEETING. SEE PAGE 21 (S-6) This the time and place continued to from earlier in the meeting to consider the status of the City Treasurer position. The Mayor and Common Council agreed to continue further action on the status of the City Treasurer position until 3: 00 p.m., Monday, November 26, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. DISCUSSION OF PROGRAM BUDGETS AND POTENTIAL REVENUE SOURCES (40) City Administrator Edwins gave an overview of the actions taken previously concerning the Westside Drop-In Center. She presented several suggestions that the Council considered to ease the City's financial crisis. These suggestions included contracting out the City's payroll, closing of a fire station, civilianizing subdivisions within the Fire Department, conducting a survey on cellular phones, and charging a franchise fee to outside refuse haulers. Ms. Edwins stated that Fire Chief Wright and City Engineer Hardgrave have prepared a study to determine which fire stations to close. She stated that this study will be presented to the Mayor and Council at the November 26, 1990 meeting. RECONSIDERATION OF PREVIOUS ACTION ON WESTS IDE DROP-IN CENTER Shauna Edwins, City Administrator, requested that the previous action taken on the Westside Drop-In Center be reconsidered as the Council did not realize that the action resulted in the closure of the Center. The action to reduce the budget for the Westside Drop-In Center took place November 8, 1990. Council Member Estrada made a motion, Member Pope-Ludlam, and unanimously carried, November 8, 1990, regarding elimination of of $67,000 from the Westside Drop-In reconsidered. seconded by Council that action taken on costs in the amount Center budget, be City Treasurer Graves gave a report regarding cost savings in merging the Utility Collection Center with the Westside Drop- In Center. He stated that merging the two centers would save the City approximately $40,000. 27 11/19/90 City Treasurer Graves answered questions regarding the per stub fee paid to the City by the utility companies for processing utility payments. Annie Ramos, Director of Parks, Recreation and Community Services, answered questions regarding the effect on the Senior Nutrition Center by closing the Wests ide Drop-In Center. She stated that the Center, which is housed in the Westside Drop-In Center, does not pay separate rent and if the Drop-In Center is closed, the nutrition program would also have to be closed. Annie Ramos answered questions regarding the number of meals served at the Senior Nutrition Center. A discussion additional $.25 levy Center. ensued regarding the City imposing an per stub processed at the Utility Collection Mayor Holcomb suggested that the City Treasurer meet with utility companies at a higher level than district manager to reach an agreement on the fees to be paid to the City. City Treasurer Graves stated that service fee to customers utilizing the He stated that the City will have to utility companies if an additional imposed by the City. the City does not charge a Utility Collection Center. receive approval from the twenty-five cent levy is Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly, to support in concept the merging of the postal Utility Collection Center with the Westside Drop-In Center, eliminating one position, and negotiating with the utility companies to remove the restriction for charging a service fee. City Adminstrator Edwins questioned whether or not the proposed motion supersedes previous action taken on November 8, 1990, to reduce the cost at the Westside Drop-In Center by $67,000. Annie Ramos answered questions stating that the proposed motion would leave the Westside Drop-In Center intact. City Treasurer Graves proposed that the Westside Drop-In Center be allowed to assume the duties of on-site property management. He stated that currently these services are paid for from the Redevelopment Agency budget. He stated that through the Master Services Agreement $8,400 could be transferred from the Redevelopment Agency budget to the General Fund. City Administrator Edwins clarified the proposed motion for the benefit of the public. 28 11/19/90 Carl Clemons, a resident of San Bernardino, read a petition containing 110 signatures from members of the Saint Paul AME Church supporting the retention of the Wests ide Drop-In Center. Mr. Clemons presented several proposals that would generate enough revenue to keep the Wests ide Drop-In Center opened: that the handling fees be increased by twenty-five cents per utility stub for all utility companies; that a service fee of fifty cents be imposed on each utility stub processed at the Center; that the rental fees for the Westside Drop-In Center be waived by the Redevelopment Agency; and that the Westside Drop-In Center be allowed to assume the duties as property manager for the Public Enterprise Building. Mr. Clemons suggested that the Center could assume the contractual agreement and provide the same level of service that is being provided now; that group maintenance could also be under control of the Wests ide Drop-In Center; that the Parks and Recreation Division could provide the ground maintenance; and janitorial service could be provided by a work experience program. Council Member Pope-Ludlam made a substitute motion, seconded by Council Member Reilly, that the Mayor and Council approve the following: merger of the Postal Utility Payment Center with the Wests ide Drop-In Center and rename it the Community Service Center; elimination of the positions of one Clerk Typist II and one Cashier I; elimination of $4,600 from the Materials Services and Supplies portion of the budget; direct City Treasurer Graves to pursue increasing the revenues through discussions with the utility companies to remove the restriction for charging a $.25 service fee, and to pursue the property management aspects of the building through the Redevelopment Agency; and to retain the positions of one Cashier I, one Employment Specialist and one Center Manager at the Wests ide Community Service Center. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Nays: Council Member Minor. Absent: None. Council Miller. The Mayor and Council congratulated both City Treasurer Graves and Parks, Recreation and Community Services Director Ramos for working so diligently on finding a way to retain the Wests ide Drop-In Center. REMOVAL OF 400 CUBIC YARDS OF DIRT - NORTHWEST CORNER SIXTH AND ARROWHEAD - YMCA - EMERGENCY ITEM In a letter dated November 7, 1990, Dennis L. Palmer, Chief Executive Officer, YMCA, 216 West Sixth Street, San Bernardino, Ca, stated that the YMCA is enhancing its property located at 6th and Arrowhead through some clean-up and painting projects. Part of the clean-up phase is leveling off the old BMX track located 29 11/19/90 on the northwest corner of the property. Approximately 400 cubic yards of dirt will be removed from this site and offered to the City. Mayor Holcomb stated that the 400 cubic yards of dirt will be transported to the cemetery site at 7th Street and Waterman Avenue. Council Member Miller made a motion, seconded by Council Member pope-Ludlam, and unanimously carried, that the matter relative to the removal of 400 cubic yards of dirt by the YMCA be allowed as the item arose subsequent to the posting of the agenda. City Administrator Edwins recommended that the Public Services Department be authorized to enter the property at 216 W. 6th Street, for the purpose of transporting approximately 400 cubic yards of excess dirt to the cemetery site at 7th Street and Waterman Avenue. She stated that because the City will be entering private property, the Council's vote is required. Council Member Estrada made a motion, seconded by Council Member Miller, that the Mayor and Council authorize the Public Services Department to enter the property at 216 W. Sixth Street, for the purpose of transporting approximately 400 cubic yards of excess dirt to the cemetery site at 7th Street and Waterman Avenue. The motion carried by the following vote: Members Estrada, Reilly, Flores, Pope-Ludlam, Council Members Maudsley, Minor. Absent: None. Ayes: Council Miller. Nays: RECESS MEETING - CLOSED SESSION (1) At 3:30 p.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 relations 54957.6; with designated representatives regarding labor matters pursuant to Government Code Section 30 11/19/90 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 attorney regarding pending litigation pursuant to Government Code Section 54956.9(b)(1), as there is significant exposure to litigation; f. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9(c), so that Council/Commission may decide whether to initiate litigation; g. to confer with which has been party pursuant follows: the attorney regarding pending litigation initiated formally to which the City is a to Government Code Section 54956.9(a) as City of San Bernardino vs. San Bernardino Baseball Club. Inc.- San Bernardino Superior Court Case No. 239193; Stubblefield Construction Comoanv. et al vs. Citv of San Bernardino. et al San Bernardino Superior Court Case No. 232998; San Bernardino Superior Court Case No. 252058; Sock Dawson. et al vs. Citv of San Bernardino. et al- United States District Court Case No. SA 88-461 AHS (RWRx); Charlotte Revnolds vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 248752 and Case No. E007031; Save San Bernardino vs. Citv of San Bernardino - San Bernardino Superior Court Case 250425; Citv of Redlands vs. Inland Vallev Development Aoencv et al - San Bernardino Superior Court Case N. 25522; Citv of San Bernardino vs. Deukmeiian. et al - San Bernardino Superior Court Case No. 256623; Jov Y. Revnolds vs. Citv of San Bernardino - Los Angeles Superior Court Case No. BC002117; Countv vs. Citv of San Bernardino IRDA) - San Bernardino Superior Court Case No. 258241; Ci tv of San Bernardino vs. San Bernardino Valley Water Conservation District - San Bernardino Superior Court Case No. 231454; 31 11/19/90 SBPOA vs. City of San Bernardino - San Bernardino Superior Court Case No. 239366; City of San Bernardino vs. The Simchowitz Corooration. et al- San Bernardino Superior Court Case No. 255534; Liberty Cable TV Co. vs. City 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; B1ee vs. City of San Bernardino - San Bernardino Municipal Court Case No. 129524; Brenda Anderson vs. City of San Bernardino Superior Court Case No. 243039; San Bernardino Delores Wilson vs. City of San Bernardino Superior Court Case No. 252224. San Bernardino CLOSED SESSION At 3:30 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 Estrada, Reilly, Flores, Mauds1ey, Minor, Miller; Senior Assistant City Attorney Barlow, City Clerk Krasney, City Administrator Edwins. Absent: Council Member pope-Ludlam. Also present: Bob Temple, Acting Agency Administrator / Economic Development Agency, Gary wagoner, Senior Project Manager, Fire Chief Wright. FIRE CHIEF WRIGHT EXCUSED Fire Chief Wright left the closed session. COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the closed session. COUNCIL MEMBER POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the closed session. ADJOURN CLOSED SESSION At 4:02 p.m., the closed session adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino. 32 11/19/90 RECONVENE MEETING At 4:05 p.m., Mayor Holcomb reconvened the Regular Meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, pope-Ludlam; Senior Assistant City Attorney Barlow, City Clerk Krasney, City Administrator Edwins. Absent: Council Member Miller. DELETING AND ADDING POSITIONS IN FIRE DEPARTMENT- CONTINUED FROM EARLIER IN MEETING. SEE PAGE 19 (44) This is the time and place continued to from earlier in the meeting to consider the proposed amendment to Resolution 6433 deleting and adding positions in the Fire Department. Mayor Holcomb announced that in closed session, the Council discussed the proposed reorganization plan for the Fire Department. Council Member Estrada made a motion, seconded by Council Member Minor, to approve Phase I 0 f the reorganizational plan for the City Fire Department. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Minor, Pope-Ludlam. Council Member Maudsley. Absent: Council Member Miller. Council Nays: COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council Meeting and took her place at the council table. RES 90-475 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO STANLEY F. YELICH, INC. FOR CONSTRUCTION OF STORM DRAIN IN MORGAN ROAD, WINDSOR STREET TO KENDALL DRIVE. (Emergency Item) City Administrator Edwins stated that Roger Hardgrave, Director of Public Works/City Engineer, requested that the Council authorize adoption of the resolution which awards a contract to the lowest bidder for the construction of storm drain in Morgan Road. She stated that the total estimated project cost is $314,000.00. Council Member Minor made a motion, seconded by Council Member Flores, that action on the resolution awarding a contract to Stanley F. Yelich, Inc. for construction of a storm drain, be allowed as the matter arose subsequent to the posting of the agenda. 33 11/19/90 The motion carried by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor. Nays: Council Members Pope-Ludlam, Miller. Abstain: Council Member Estrada. City Administrator Edwins read the title of the resolution. Council Member Minor made a motion, seconded by Council Member Flores, and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. Resolution No. 90-475 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor. Nays: Council Members Pope-Ludlam, Miller. Abstain: Council Member Estrada. Absent: None. ADJOURNMENT (48) At 4:10 p.m., Council Member Estrada made a motion, seconded by Council Member Flores, and unanimously carried, that the meeting be adjourned to 3:00 p.m., November 26, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL KRASNEY City Clerk by ,~""-..~~.~ Diane J s, Deputy C~ty Clerk No. of Items: 58 No. of Hours: 7.5 hrs. 34 11/19/90