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HomeMy WebLinkAbout12-10-1990 Minutes City of San Bernardino, California December 10, 1990 This is the time and place set for an Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino at their Regular Meeting held at 8:30 a.m., December 3, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the order of adjournment of said meeting held on December 3, 1990, and has on file in the office of the City Clerk an affidavit of said posting together with a copy of said Order which was posted at 10: 00 a.m., Tuesday, December 4, 1990, on the door of the place at which said meeting was held. The Adjourned Regular Meeting of the Mayor Council of the City of San Bernardino was called Mayor Holcomb at 8:35 a.m., Monday, December 10, Council Chambers, City Hall, 300 North "D" Bernardino, California. and Common to order by 1990 in the Street, San ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor, City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Members Estrada, Pope- Ludlam, Miller. ANNOUNCEMENT BY CITY ATTORNEY PENMAN ADDITIONAL CLOSED SESSION CASES City Attorney Penman announced that three additional cases would be discussed in closed session: Fred Dennison vs. Tidwell - United States District Court Case No. SACV 90-458; Connie Garibay vs. City of San Bernardino - San Bernardino Superior Court Case No. 237901; Juan Gutierrez vs. City of San Bernardino - San Bernardino Superior Court Case No. 235637. RECESS MEETING - CLOSED SESSION (1 & S-3) At 8:35 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: 1 12/10/90 a. to give instruction to the City's/Commission's negotiator on the purchase of property pursuant to Government Code Section 54956.8. The real property which the negotiations concern is generally located at: ; b. to consider personnel matters pursuant to Government Code Section 54957; c. to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6; d. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities pursuant to Government Code Section 54957; e. to confer with the litigation pursuant to 54956.9(b)(1), as there litigation; attorney regarding pending Government Code Section is significant exposure to f. to confer with the attorney regarding Ii tigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending Section decide g. to confer wi th 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. 242998; San Bernardino Superior Court Case No. 252058; Sock Dawson. et al vs. City of San Bernardino. et a1- United States District Court Case No. SA 88-461 AHS (RWRx); Charlotte Bernardino E007031; Reynolds Superior vs. City of Court Case No. San Bernardino 248752 and Case San No. Save San Bernardino vs. City of San Bernardino San Bernardino Superior Court Case No. 250425; 2 12/10/90 City of Redlands vs. Inland Valley Development Aoency, et al - San Bernardino Superior Court Case No. 255222; City of San Bernardino vs. Deukmeiian. et al San Bernardino Superior Court Case No. 256623; JOY Y. Reynolds vs. City of San Bernardino - Los Angeles Superior Court Case No. BC002117; County vs. City of San Bernardino I RDA) - San Bernardino Superior Court Case No. 258241; SBPOA vs. City of San Bernardino - San Bernardino Superior Court Case No. 239366; 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 - San Bernardino Superior Court Case No. 243039; Delores Wilson vs. City of San Bernardino - San Bernardino Superior Court Case No. 252224; DeNavarette vs. City of San Bernardino Superior Court Case No. 257365. San Bernardino Hanks vs. City of San Bernardino. Reed. Mayor Holcomb - HUD Case No. 09-91-1108-1; Meridian Park Investments vs. City of San Bernardino. Reed. Mayor Holcomb - HUD Case No. 09-01-1107-1. CLOSED SESSION At 8:37 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 Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller, City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: None. 3 12/10/90 Also present: Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office; John Martin, Senior Assistant City Attorney. 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 while the Council was in closed session. SENIOR ASSISTANT CITY ATTORNEY MARTIN EXCUSED At 8:45 a.m., Senior Assistant City Attorney Martin left the closed session. DEPUTY CITY ATTORNEY ROTH ARRIVED At 8:45 a.m., Deputy City Attorney Roth arrived at the closed session. DEPUTY CITY ATTORNEY ROTH EXCUSED At 8:55 a.m., Deputy City Attorney Roth left the closed session. DEPUTY CITY ATTORNEYS EMPENO AND SIMMONS ARRIVED At 8:55 a.m., Deputy City Attorneys Empeno and Simmons arrived at the closed session. ADJOURN CLOSED SESSION At 9:28 a.m., the closed Adjourned Regular Meeting of the City of San Bernardino. session was adjourned to the Mayor and Common Council of the RECONVENE MEETING At 9:30 a.m., Mayor Holcomb reconvened the Adjourned 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; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: None. INVOCATION The invocation was given by Rev. Dr. Sonia Y. Lim. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Minor. COMMENDATION - REV. DR. SONIA L. LIM (4) Lorraine Velarde, Executive Assistant to the Mayor, read a resolution of commendation for Rev. Dr. Sonia L. Lim for her excellent service to the community. 4 12/10/90 Rev. Dr. Sonia L. commendation and presented to Mayor Holcomb. Lim accepted the resolution of a pin which signified love and peace PUBLIC COMMENTS - SYLVIA MURATALLA GARCIA - ANNEXATION NO. 342 Sylvia Muratalla Garcia, 9926 So. Mt. View, protested the annexation of the area in which requested that the Council reverse Annexation taken to a vote of the people, and that the item next Council agenda for reconsideration. (3) San Bernardino, she lives. She 342, that it be be placed on the PROCLAMATION - AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA DAY- DECEMBER 13, 1990 (4) Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring December 13, 1990, as Automobile Club of Southern California Day in the City of San Bernardino. James F. Celano, representing the Automobile Club of Southern California, was present to accept the proclamation. PROCLAMATION NATIONAL DRUNK AND DRUGGED DRIVING AWARENESS WEEK - DECEMBER 9 THROUGH 15, 1990 (4) Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring December 9 through 15, 1990 as National Drunk and Drugged Driving Awareness Week in the City of San Bernardino. Mrs. Dolores Rodriguez, past President of Mothers Against Drunk Driving, was present to accept the proclamation. Assistant Police Chief Wayne Harp and Sergeant Jerry Ryen were also present to accept the proclamation from Mayor Holcomb. PROCLAMATION HISPANIC BLOOD DRIVE DONOR WEEK- DECEMBER 9 THROUGH 15, 1990 (4) Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring December 9 through 15, 1990 as Hispanic Blood Drive Donor week in the City of San Bernardino. Graciano Gomez, Ray Quinto and Paul Sautter were present to accept the proclamation. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. WAIVE FURTHER READING OF RESOLUTIONS AND ORDINANCES (5) Council Member Estrada made a motion, seconded by Council Member Maudsley, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas be waived. 5 12/10/90 COUNCIL MINUTES - OCTOBER 13, 1990, OCTOBER 15, 1990 AND OCTOBER 25, 1990 (6) Council Member Estrada made a motion, seconded by Council Member Maudsley, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino, be approved as submitted in typewritten form: October 13, 1990; October 15, 1990; October 25, 1990. CLAIMS AND PAYROLL (8) Council Member Estrada made a motion, seconded by Council Member Maudsley, and unanimously carried, that the claims and payrolls, and the authorization to issue warrants as listed on the memorandum dated December 4, 1990, from the Director of Finance, be approved. Council Member Estrada made a motion, seconded by Council Member Mauds1ey, that the following resolutions be adopted. RES. 90-476 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE MERRI-MIXERS ORGANIZATION RELATING TO FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FISCAL YEAR 1990-91. (10) RES. 90-477 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STURGES THEATRE GROUP FOR THE PROMOTION OF ARTS AND CULTURE. (11) RES. 90-478 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH INLAND DANCE THEATRES, INC. FOR THE PROMOTION OF ARTS AND CULTURE. (12) RES. 90-479 - RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES (ABANDONED VEHICLES) ON SAID PROPERTIES. (13) RES. 90-480 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT. (15) 6 12/10/90 RES. 90-481 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE PENNSYLVANIA AND BIRCH AREA: DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 1001, AND WAIVING NOTICE AND HEARING. ( 16 ) RES. 90-482 - RESOLUTION OF THE CITY OF SAN BERNARDINO SUMMARILY VACATING THAT CERTAIN STREET AND HIGHWAY EASEMENT LOCATED SOUTH OF FAIRWAY DRIVE AND WEST OF SOUTH "E" STREET, IN SAN BERNARDINO. (17) RES. 90-483 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO LEASE WITH JOHN E. SMITH AND BESSIE LEORA SMITH, LESSORS, PERTAINING TO A MODIFICATION OF THE TERM AND RENTAL PAYMENTS IN A LEASE OF PROPERTY TO THE CITY, AND SITUATED AT THE SOUTHEAST CORNER OF MESA STREET AND SAN ANSELMO DRIVE, IN SAN BERNARDINO. (18) RES. 90-484 - RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THE AMOUNT OF PROPERTY TAX REVENUES TO BE EXCHANGED BETWEEN AND AMONG THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO, RESULTING FROM THE JURISDICTIONAL CHANGE DESCRIBED BY LAFCO NO. 2643, FOR THE AREA GENERALLY LOCATED NORTH OF 40TH STREET, WEST OF DAVID WAY. (19) RES. 90-485 - 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 MONNIG DEVELOPMENT, INC., A CALIFORNIA CORPORATION IN CONNECTION WITH THE MITIGATION OF SCHOOL FEES. (20) Resolution Nos. 90-476, 90-477, 90-478, 90-479, 90-480, 90- 481, 90-482, 90-483, 90-484 and 90-485 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Nays: None. Absent: Council Member Pope-Ludlam. PROPOSED VACATION - PORTION OF PUBLIC UTILITY EASEMENT IN PREVIOUSLY VACATED CHESTNUT AVENUE BETWEEN IRVINGTON AND OHIO AVENUE - AUTHORIZATION TO PROCEED AND PLAN APPROVAL (7) In a memorandum dated November 19, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that he had received a request from Dan Holden of Monnig Development to vacate the easterly 15 feet of the 60 foot wide Southern California Edison easement lying over the entire width of the previously vacated Chestnut Avenue between Irvington Avenue and 7 12/10/90 Ohio Avenue. Vacating the easterly 15 feet of the Edison easement will encumber only the westerly 45 feet to the vacated Chestnut Avenue. Southern California Edison has no objections to this vacation. The petitioner had deposited the required $375.00, which represents one-half of the total fee. Roger Hardgrave answered questions regarding the easement. Council Member Minor made a motion, seconded by Council Member Maudsley, and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the proposed vacation of a portion of a public utility easement over the easterly 15 feet of the 60 foot wide Southern California Edison easement in vacated Chestnut Avenue between Irvington Avenue and Ohio Avenue. Council Member Minor made a motion, seconded by Council Member Maudsley, and unanimously carried, that Plan No. 8326, showing the proposed vacation of a portion of a public utility easement over the easterly 15 feet of the 60 foot wide Southern California Edison easement in vacated Chestnut Avenue between Irvington Avenue and Ohio Avenue be approved. COUNCIL MEMBER At 9:50 a.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the PERSONNEL ACTIONS (9) Shauna Edwins, City Administrator, answered questions regarding the positions listed in the Personnel Actions and whether they had been funded in the 1990-91 budget. She also answered questions regarding the two voluntary demotions. Council Member Miller made a motion, seconded by Council Member Minor, and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated November 26, 1990, in accordance with all administrative regulations of the City of San Bernardino, be approved. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433, SECTION FOUR, ADDING AND DELETING VARIOUS CITY POSITIONS FOR THE PURPOSE OF CODIFYING PRIOR COUNCIL ACTIONS. (14) A discussion ensued regarding the progress of the five-year plan to civilianize certain positions in the Police Department. It was pointed out that a report was being prepared relative to implementing the plan. Shauna Edwins, City Administrator, indicated that she would contact Police Chief Robbins to obtain the status of the report. 8 12/10/90 It was the consensus of the Council to continue the resolution to later in the meeting to allow the City Administrator to request that the Police Department have a representative attend the afternoon session to answer questions. (See page 27) ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.58.200 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO CONTINUANCES OF ITEMS ON THE AGENDA OF THE MAYOR AND COMMON COUNCIL. (First) (26) Council Member Pope-Ludlam made a Council Member Miller, and unanimously ordinance be laid over for final adoption. motion, seconded carried, that by said DISPOSITION OF CHARTER REVISIONS MADE BY CHARTER REVISION COMMITTEE - CONTINUED FROM DECEMBER 3, 1990 (27) the time and place continued to for discussion of charter revisions made by the Charter Revision This is the proposed Committee. 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. Mayor Holcomb recommended that a workshop be held to review the proposed charter revisions in greater detail. Council Member Minor made a motion, seconded by Council Member Reilly, and unanimously carried, that a workshop be scheduled for 2:00 p.m., on Monday, January 14, 1991, in the Development Department Board Room, Fourth Floor, City Hall, 300 North "D" Street, San Bernardino, California. RES. 90-486 A RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THE AMOUNT OF PROPERTY TAX REVENUES TO BE EXCHANGED BETWEEN AND AMONG THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO, RESULTING FROM THE JURISDICTIONAL CHANGE DESCRIBED BY LAFCO 2644, FOR THE AREA GENERALLY LOCATED EAST OF WATERMAN AVENUE, SOUTH OF CENTRAL AVENUE. (8-1) 9 12/10/90 Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that authorization be given to proceed with the annexation of the territory located east of Waterman, south of Central Avenue; and that said resolution be adopted. Resolution No. 90-486 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 APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 13822, LOCATED ON THE NORTHEAST CORNER OF CALIFORNIA STREET AND 16TH STREET, AND ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP. (S-2) Council Member Minor made a motion, seconded by Council Member Flores, and unanimously carried, that said resolution approving the final map for Subdivision Tract No. 13822, 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 - CONTINUED FROM DECEMBER 3, 1990 (21) This is the time and place continued to for a protest hearing relative to the construction of Chapter 12.92 improvements. In a memorandum dated November 19, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that on November 13, 1990, notices were sent by certified mail to the owners of the properties listed on Exhibit "A", attached to his staff report, and the properties were posted as required by Chapter 27 and Chapter 12.92. Upon action at this meeting, the owners must commence construction by January 12, 1991. If not constructed wi thin 60 days, the Ci ty will cause the improvements to be installed and the owners will be assessed for the costs therefor over a three-year period at seven percent interest per annum on the unpaid balance. Mayor Holcomb opened the hearing. Council Member Reilly made a motion, seconded by Council Member Flores, 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 19, 1990, and order the work done 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 January 12, 1991. 10 12/10/90 The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Minor, Pope-Ludlam, Nays: Council Member Maudsley. Absent: None. Council Miller. PUBLIC MEETING - ADJUSTMENT OF OFF-SITE PLAN CHECKING AND PERMIT FEES - CONTINUED FROM DECEMBER 3, 1990 (22) This is the time and place continued to for a public meeting to consider adjustment of off-site plan checking and permit fees. In a memorandum dated November 14, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that Resolution No. 88-285 establishes off-site plan checking fees at 2.0% of the estimated cost of improvements, and inspection fees at 1.5% of the estimated cost of improvements. Subsequently, it was recommended that off-site plan checking and inspection fees be adjusted. Staff was directed to proceed with the adjustments as follows: that the off-site cost of improvements be increased from 2.0% to 3.0% of the estimated cost of improvements and that the off-site inspection fees be increased from 1.5% to 2.5% of the estimated cost of the improvements. These recommended increases are justified in view of the actual costs incurred to provide these services. The increased fees would be in line with surrounding agencies. Mayor Holcomb opened the meeting. RES. 90-487 - RESOLUTION OF THE CITY OF SAN ESTABLISHING OFF-SITE PLAN CHECKING AND FEES, AND RESCINDING RESOLUTION NO. 88-285. BERNARDINO INSPECTION ( 22 ) Council Member Reilly Member Miller, that the resolution be adopted. made a meeting motion, seconded be closed, and by Council that said Resolution No. 90-487 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. PROTEST HEARING AND RESOLUTION - ORDERING VACATION OF NORTH/SOUTH ALLEY, WEST OF WATERMAN AVENUE, BETWEEN 27TH STREET AND ALEXANDER STREET CONTINUED FROM DECEMBER 3, 1990 (23) This is the time and place continued to for a protest hearing ordering the vacation of a north/south alley, west of Waterman Avenue, between 27th Street and Alexander Street. In a memorandum dated November 13, 1990, Roger Hardgrave, Director of Public Works/City Engineer, reported that he had received requests from Freddie Spellacy of Spellacy and Associates, and one of three adjoining property owners, to vacate that certain north/south alley, west of Waterman Avenue, between 27th Street and Alexander Street, in an effort to protect tenants 11 12/10/90 from speeding cars, drug sales, trash dumping and other unauthorized/illegal use of the alley. Mayor Holcomb opened the hearing. Gerald Ashman, 286 E. Alexander, San Bernardino, California, spoke in opposition to the vacation of the alley, as its closure would eliminate public access in the area. Freddie Spellacy spoke in support of the vacation of the alley. She stated that there is constant violence, gang activity and abandoned vehicles in the alley. She further stated that the vacation of the alley would be a tremendous asset to the community, as it would eliminate graffiti and prevent gangs from loitering in the alley. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the vacation of the north/south alley, west of Waterman between 27th Street and Alexander be continued to January 7, 1991 in the Council Chambers of City Hall, 300 North "D" Street San Bernardino, California. PUBLIC HEARING AND RESOLUTION - ORDERING ANNEXATION NO. 346 - ANNEXATION OF THE TERRITORY GENERALLY LOCATED NORTH OF PACIFIC STREET, EAST OF STERLING AVENUE- CONTINUED FROM DECEMBER 3, 1990 (24) This is the time and place continued to for a public hearing to consider Annexation No. 346 for territory generally located north of Pacific Street, east of Sterling Avenue. In a memorandum dated November 20, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that he had received a petition from landowners within the area proposed for annexation, as the residents therein desire to receive City services. In his memorandum, Mr. Hardgrave explained that the resolution making a determination and ordering the annexation should be adopted only if protests are filed and received by less than 25% of the registered voters residing in the area and less than 25% of the property owners owning less than 25% of the total assessed land value, within the proposed territory. Mayor Holcomb opened the hearing. Benjamin Pessen, 25781 17th Street, opposed Annexation No. 346. He presented a petition containing 42 signatures of landowners in the area opposed to the annexation. The protest is based on anticipated additional taxes residents would have to pay to the City of San Bernardino. 12 12/10/90 Elaine Daily, 25781 E. 18th Street, opposed the annexation because of the additional taxes she would pay to the City if her property were annexed into the City. Evelyn Kenney, 25758 E. 18th Street, spoke in opposition to the annexation. She presented a petition containing 48 signatures of residents in the area opposed to the annexation. Ms. Kenney spoke against the utility tax and other taxes the City imposes on its residents and questioned who requested the annexation. Roger Hardgrave, Director responded that the apartment annexed into the City because area. of Public works/City Engineer, complex owner requested to be of the blight and crime in the Joe Crump, 6822 Argyle and presented a petition opposed to the annexation. Avenue, spoke against the annexation containing signatures of residents Bea Young, 25782 18th Street, questioned if the apartment complex could be annexed into the City and the homeowners be left in the County. She also stated that the City cannot protect the residents any better than the County of San Bernardino. City Attorney Penman responded that the annexed or it must be left as is in the County. annex soley the apartments. whole area must The City cannot Mayor Holcomb suggested that the residents in the area examine the advantages and disadvantages of the proposed annexation. Mr. Holcomb also suggested that a meeting be held with the residents and City staff to explore possible solutions to the blight and crime in the area. City Attorney Penman explained that a plan established for code enforcement in the area if annexed City and this plan would be implemented immediately. has been into the Don Young, 25782 18th Street, expressed opposition to Annexation No. 346 and questioned whether the City had observed the area to see what is occurring. City Attorney Penman responded that the City has studied the area and that is why a plan has been established to deal with the problem as soon as possible. Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that Annexation No. 346, the territory generally located north of Pacific Street, east of Sterling Avenue, be continued to January 7, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 13 12/10/90 PUBLIC HEARING AND RESOLUTION - ORDERING ANNEXATION NO. 345 - ANNEXATION OF THE TERRITORY GENERALLY LOCATED NORTH OF BASELINE STREET, EAST OF CEDAR STREET- CONTINUED FROM DECEMBER 3, 1990 (25) This is the time and place continued to for a public hearing concerning proposed Annexation No. 345, territory generally located north of Baseline Street, east of Cedar Street. In a memorandum dated November 20, 1990, Roger Hardgrave, Director of Public Works/City Engineer, stated that he had received a petition from a majority of the registered voters residing in the area proposed for annexation, as the residents therein desire to receive City water services. RES. 90-488 - 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. 345 (LAFCO 2620) FOR THE TERRITORY GENERALLY LOCATED NORTH OF BASELINE STREET, EAST OF CEDAR STREET AND DETACHMENT FROM CSA 38, CSA 38 ZONE G, CSA 38 ZONE L, CSA 70, CSA 70 ZONE A AND CSA SL-1. (25) Mayor Holcomb opened the hearing. Gerald Lund, 25542 E. 18th Street, owner of property at 7055 and 7057 Canyon Road, stated he had no objection to the annexation; however, he expressed concern regarding the additional taxes required by the City. He questioned whether tenants or landowners would be required to pay these additional taxes. COUNCIL MEMBER MILLER EXCUSED At 10:43 a.m., Council Member Miller left the Council meeting. A discussion ensued regarding the utility tax and other taxes imposed by the City. It was pointed out that landowners are required to pay the utility taxes. Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the public hearing to receive, consider and rule upon written protests in the matter of annexation of the territory generally located north of Baseline Street, east of Cedar Street, designated LAFCO 2620, be closed and that said resolution be adopted. Resolution No. 90-488 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Nays: None. Absent: Council Member Miller. 14 12/10/90 RECESS MEETING At 10:50 a.m., Mayor Holcomb recessed the meeting for a ten- minute break. RECONVENE MEETING At 11:04 a.m., Mayor Holcomb reconvened Regular Meeting of the Mayor and Common Council Chambers of City Hall, 300 North "D" Street, California. the Adjourned in the Council San Bernardino, 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. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY- ADJOURNED REGULAR MEETING At 11:04 a.m., the Adjourned Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order by Chairman Holcomb in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 90-489 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT ACTIVITIES AND CAUSING THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS. (R-2C) Council Member Minor made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 90-489 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. DENIAL OF SMALL BUSINESS LOAN REQUEST BY CNC COMMUNICATIONS (R-3) In a staff report dated December 3, 1990, Kenneth J. Henderson, Executive Director, Development Department, stated that on November 30, 1990, the Economic Development Program Committee (EDPC) reviewed the request submitted by CNC Communications and recommended denial of this small business loan request due to an incomplete loan application package (balance sheets, income statements and tax returns nonexistent at this time). Concerns were also expressed regarding the use of loan proceeds, inasmuch as $10,000 would not allow the hiring of the number of sales representatives indicated and the lack of any collateral to secure the requested loan. Furthermore, the EDPC 15 12/10/90 requested staff to indicate to Mr. Jenkins, Proprietorship of CNC Communications, that it would reconsider his small business loan request upon submission of a completed loan application package. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Common Council approve and adopt the Economic Development Program Committee (Small Business Loan Committee) recommendation to deny the application for financial assistance submitted by CNC Communications. REQUEST FOR CDBG ASSISTANCE - BY PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT (R-4) In a staff report dated December 4, 1990, Kenneth J. Henderson, Executive Director, Development Department, stated that on September 20, 1990, the Parks, Recreation and Community Services Department submitted a proposal for mid-year funding of a capital improvement project. The proposal is requesting CDBG funding assistance for rehabilitation of the Mill and Ruben Hernandez Parks Community Centers. The request for CDBG financial assistance totalling $90,000, if approved, will finance the repair of roofs at both community centers ($40,000) and replace the heating and air conditioning system at Ruben Hernandez Community Center ($50,000). The Citizen Advisory Committee unanimously recommended approval of the proposal. Council Member Minor made a motion, seconded by Council Member Flores, and unanimously carried, that the Mayor and Common Council approve financial assistance from its CDBG appropriated reserve account in the amount of $40,000 to finance the rehabilitation of roofs for Mill and Ruben Hernandez Parks Community Centers, and approve financial assistance in the amount of $50,000 for the replacement of the heating and air- conditioning system at Ruben Hernandez Park. RE-APPROPRIATION OF PARK CONSTRUCTION AND CDBG FUNDS AFFECTING PERRIS HILL AND NUNEZ PARK (R-5) In a staff report dated December 3, 1990, Kenneth J. Henderson, Executive Director, Development Department, stated that on November 14, 1990, the Parks, Recreation and Community Services Department submitted a request to re-appropriate CDBG funds previously awarded from the FY 1989/90 and FY 1990/91 allocations. During these fiscal years, the Mayor and Common Council approved funding in the amount of $82,875 and $15,000 respectively, to overlay with asphalt unpaved areas of the main parking lot at perris Hill Park. Because of the demographics affecting project eligibility, the Parks, Recreation and Community Services Department is proposing to substitute funds from its Park Construction Fund, previously earmarked for development of Nunez Park, for use at Perris Hill Park. The 16 12/10/90 Community Development recommended approval of CDBG funds for projects Citizen Advisory Committee unanimously the substitution of Park Construction and affecting perris Hill and Nunez Parks. Council Member Flores made a motion, seconded by Council Member Maudsley, and unanimously carried, that the Mayor and Common Council approve the re-appropriation of park construction funds in the amount of $97,875 from Nunez Park to the Perris Hill Park parking lot and $97,875 in CDBG funds from the Perris Hill Park parking lot to Nunez Park to facilitate the expeditious development of said projects. RES. 90-490 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A SMALL BUSINESS LOAN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT AND INLAND WHEEL AND TIRE COMPANY. (R-6) Council Member Miller made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 90-490 was adopted by the following vote: Ayes: Council Member Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. DEVELOPMENT DEPARTMENT REORGANIZATION (RS-1) In a memorandum dated December 7, 1990, Kenneth J. Henderson, Executive Director, Development Department, stated that the Mayor and Common Council established an Economic Development Agency, consolidating the Community Development Department and Redevelopment Agency and adopted a four division organizational structure. Since that time, staff has more clearly defined the function of the Development Department. The four division structure has been reduced to three divisions and the division heads have been reduced from four to two. This would require the Deputy Director to play a significant role in project development. Under the current structure, the Deputy Director would more likely be consigned to a purely administrative role. Ken Henderson, Executive Director, Development Department, explained why he has recommended the three division structure instead of the four division structure. Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley, that the Mayor and Common Council and Community Development Commission approve and adopt the three divisional organizational structure for the Development Department. 17 12/10/90 The motion carried by the following vote: Ayes: Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Nays: Council Member Flores. Absent: None. Council Miller. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. RECESS MEETING - CLOSED SESSION (R-8) At 11:15 a.m., Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that the Mayor and Common Council and Community Development Commission recess 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 Government Code Section 54957; e. to confer wi th 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 litigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending Section decide g. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section 54956.9(a) as follows: Citv of San Bernardino vs. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239193; Stubblefield Construction Company. et al vs. Citv of San Bernardino. et al - San Bernardino Superior Court Case No. 242998; San Bernardino Superior Court Case No. 252058; 18 12/10/90 Sock Dawson. et al vs. Citv of San Bernardino. et al- United States District Court Case No. SA 88-461 AHS (RWRx); Charlotte Bernardino E007031; Revnolds Superior vs. Citv of San Bernardino Court Case No. 248752 and Case San No. Save San Bernardino vs. City of San Bernardino San Bernardino Superior Court Case No. 250425; Citv of Redlands vs. Inland Vallev Development Aoencv, et al - San Bernardino Superior Court Case No. 255222; Citv of San Bernardino vs. Deukmeiian. et al San Bernardino Superior Court Case No. 256623; 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; SBPOA vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 239366; Liberty Cable TV Co. vs. Ci ty 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. Citv of San Bernardino - San Bernardino Municipal Court Case No. 129524; Brenda Anderson vs. City of San Bernardino - San Bernardino Superior Court Case No. 243039; Delores Wilson vs. City of San Bernardino - San Bernardino Superior Court Case No. 252224; DeNavarette vs. Citv of San Bernardino Superior Court Case No. 257365. San Bernardino Fred Dennison vs. Tidwell - United States District Court Case No. SACV 90-458; Connie Garibay vs. City of San Bernardino - San Bernardino Superior Court Case No. 237901; Juan Gutierrez vs. City of San Bernardino - San Bernardino Superior Court Case No. 235637. 19 12/10/90 CLOSED SESSION (R-8) At 11:16 a.m., Mayor Holcomb called the closed sess~on 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, Maudsley, Minor, Miller; Senior Assistant City Attorney Barlow, City Clerk Krasney, City Administrator Edwins. Absent: Council Member Pope-Ludlam. Also present: Development Department, Development Department. Ken Henderson, John Hoeger, Executive Development Director, Manager, COUNCIL MEMBER POPE-LUDLAM ARRIVED At 11:20 a.m., Council Member Pope-Ludlam arrived at the closed session. ROBERT TEMPLE, ACTING ADMINISTRATOR, ECONOMIC DEVELOPMENT AGENCY ARRIVED At 11:20 a.m., Robert Temple, Acting Administrator, Economic Development Agency, arrived at the closed session. KEN HENDERSON, ROBERT TEMPLE AND At 11:30 a.m., Ken Henderson, Temple, Acting Administrator and Manager, left the closed session. JOHN HOEGER EXCUSED Executive Director, Robert John Hoeger, Development DEPUTY CITY ATTORNEY EMPENO ARRIVED At 11:40 a.m., Deputy City Attorney Empeno arrived at the closed session. SR. ASSISTANT CITY ATTORNEY BARLOW AND DEPUTY CITY ATTORNEY EMPENO EXCUSED At 11:45 a.m., Senior Assistant City Attorney Barlow and Deputy City Attorney Empeno left the closed session. DEPUTY CITY ATTORNEY EMPENO RETURNED At 12:00 p.m., Deputy City Attorney Empeno returned to the closed session. CITY ADMINISTRATOR EDWINS EXCUSED At 12:00 p.m., City Administrator Edwins left the closed session. ADJOURN CLOSED SESSION At 12:08 p.m., the closed session adjourned to the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 20 12/10/90 ,._---~---,---_._..,---_._._----_._._--,_._--_._--_. RECONVENE MEETING At 12:08 p.m., Mayor Holcomb reconvened the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: None. RECESS MEETING - LUNCHEON WORKSHOP At 12:08 p.m., Mayor Holcomb recessed the Adjourned Regular Meeting of the Mayor and Common Council to a luncheon workshop in the Development Code in the Development Department Board Room, Fourth Floor, City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING - LUNCHEON WORKSHOP At 12:40 p.m., Mayor Holcomb reconvened the luncheon workshop in the Development Department Board Room, Fourth Floor, 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. Also present: Fire Chief Wright; Fred Wilson, Assistant to the City Administrator; Lorraine Velarde, Executive Assistant to the Mayor. DEVELOPMENT CODE LUNCHEON WORKSHOP (28) Mayor Holcomb encouraged action that would expedite the development process and explained that, for example, a General Plan Amendment takes about five months if everything proceeds without any problems. He explained why the Development Code needs to be analyzed thoroughly to expedite the development process. The Mayor and Council discussed the advantages of the one- map system as opposed to the two-map system. Mayor Holcomb outlined the following areas as discussion topics at future development code workshops: 1) The Norton Air Force Base Airport District land designation. 21 12/10/90 ----~--_.---_._-_._---_._,--_.._~_.._----,---_....._--._--_.,_..~-_._.__...- Mayor Holcomb explained that a conditional use permit allows more flexibility then a land use designation. He stated that land use designations are incorporated in the Development Code and outline specifically what can be done in that particular district. If development were to occur that was not allowed in the Development Code land use designation, then an amendment to the Development Code would be needed, and possibly a General Plan amendment. Mayor Holcomb recommended that a conditional use permit provision be included in the Development Code, which would allow more flexibility. John Montgomery, Principal Planner, explained that the overlay district, which encompasses Norton Air Force Base, would require that an air quality study be performed, but the study would not be conducted until the base is converted to private use. After the study, the land use restrictions would be determined. 2) Adopting the Development Code by resolution as opposed to ordinance. A discussion ensued regarding the possibility of adopting the Development Code by resolution instead of ordinance which would save the City approximately 90 days. John Montgomery, Principal Planner, stated that State law requires that any zoning laws be adopted by ordinance, not by resolution. Deputy City Attorney Empeno explained that the guideline provisions in the Development Code can be adopted by resolution, and recommended that this be done. The Council discussed the pros and cons of adopting the design guidelines of the Development Code by resolution. COUNCIL MEMBER MILLER EXCUSED At 12:55 p.m., Council Member Miller left the luncheon workshop. 3) All landscaping shall emphasize drought tolerant design. Mayor Holcomb stated that Section 19.28.030, General Regulations for Landscaping Standards of the Development Code, provides that the landscape design and construction shall emphasize drought-tolerant landscaping whenever/wherever possible. He pointed out that the City does not have, nor will 22 12/10/90 it ever have, any shortage of water He recommended that the language which states, "landscaping shall emphasize drought tolerant", be removed from the Development Code. Mayor Holcomb also pointed out that the Development Code states that all landscaping plans must be approved by the Parks, Recreation and Community Services, Planning and Building Services, and Engineering Departments. He questioned the necessity of review by all three departments. It was landscaping Development recommended that plans by three Code. the language requiring approval of departments be deleted from the 4) All industrial uses are subject to a development permit or conditional use permit. Mayor Holcomb questioned the provisions that require standard industrial type buildings to obtain a development permit. He suggested that if this is not a mandated requirement, that only a conditional use permit be required, as this would speed up the process for the developer. Mayor Holcomb recommended that industrial uses be processed through Covenants, Conditions and Restrictions (CC&R's), which could be modified to City's standards. He noted that CC&R's can be modified by conditional use permits. Larry Reed, Director of Planning and Building Services, explained that some development permits are approved at the administrative staff level, while others go through a review process by the Environmental Review Committee and Development Review Committee. Basically, development permits must go through the review process, because it is mandated by the California Environmental Quality Act (CEQA). He further explained that a conditional use permit (C.U.P.) is a discretionary function that can be denied by the City, whereas a development permit cannot be denied by the City if the developer has met the required criteria. A discussion development permit development. ensued or a regarding the C.U.P. for requirement of a standard industrial The Mayor and Common Council discussed the requirements for metal buildings and where they are allowed in the City. 5) Billboard Sign provision on 1-10 Freeway Corridor. Mayor Holcomb suggested that the billboard sign provision in the Development Code have more flexibility, whereby ten billboards along the thoroughfare could be exchanged for one billboard sign along the freeway corridor. 23 12/10/90 ------...----------------------.----.-. --.------" 6) Hillside Development. The Mayor and Common Council discussed the density allowed per unit per acre for hillside development and the development in the foothills area. Larry Reed, Director of Planning and Building Services, explained the average slope percentage per units per acre. John Montgomery, Principal Planner, explained the density transfer allowed on hillside development. He stated that within a project, a density transfer may be granted when permitted development is transferred from one slope category to a lower slope category. In consideration for such a transfer of development, the allowable density of the lower slope category may be increased by 50 percent. 7) Landscape Provision. Mayor Holcomb suggested that the City require a landscaping provision that would allow the City to enter the property if the property owner fails to maintain the landscaping. The City would maintain the landscaping and place a lien on the property to cover the cost of maintenance. John Montgomery, Principal Planner, stated that the landscaping provision has been added to the Development Code, which includes the provision mentioned by the Mayor. 8) Equestrian Trails. Mayor Holcomb spoke regarding the prohibition of equestrian trails in high density development areas. He suggested that these trails be allowed where the terrain is suited for trails, specifically along the Santa Ana River area. Shauna Edwins, City Administrator, regarding equestrian trails in the City in potential liability. She stated that the that more accidents occur with people motorcycles or bicycles. expressed concern view of the City's statistics indicate on horses than on 9) Minor Exceptions and Minor Modifications. Mayor Holcomb raised the question of whether or not State law requires a public hearing to be held for minor exceptions and minor modifications. John Montgomery, Principal Planner, explained that a minor exception is considered a variance and all variances require a notice of public hearing. He stated that minor modifications may be approved by the Director who may establish additional conditions to further the intent of the provision. The Director 24 12/10/90 -----_...._-------_.,.'~_._--_..-_._..__.._-----,..-------~_.. may grant a minor adjustment to an approved permit up to a maximum of 10% governing only the measurable design/site considerations, which in no case would result in a reduction from any minimum standard outlined in the Development Code. 10) Development Agreements Mayor Holcomb pointed out that Section 19.58.040, Content of Development Agreement, in the Development Code, indicates that development agreements contain a provision not permitting protection from either a future growth control ordinance or a future increase in development fees. A discussion agreements cannot control ordinance. ensued regarding reasons why the development have protection against the future growth The Mayor and approving development resolution. Common Council agreements by discussed ordinance, the process of rather than by Deputy City Empeno stated that he will verify the process of approval of development agreements by ordinance or resolution. A discussion ensued regarding development fees required as part of the development agreement, and whether or not the developer would pay current development fees or fees that were in effect when the agreement was adopted. COUNCIL MEMBER ESTRADA EXCUSED At 1:33 p.m., Council Member Estrada left the luncheon workshop. A discussion ensued regarding why the City must record all development agreements. 11) Non-conforming Use. Mayor Holcomb questioned the section of Code which provides that a non-conforming use structure must be removed in five years. the not Development occupying a John Montgomery, Principal Planner, stated that Title 19 of the Development Code, Abatement of Nonconforming Uses, requires that all non-conforming uses must be removed by a certain time. He stated that this is a normal provision for non-conforming uses. 12) Single Room Occupancy Ordinance Mayor Holcomb requested information on the single room occupancy (SRO) ordinance for the homeless. 25 12/10/90 Larry Reed, Director of Planning and Building Services, responded that staff is currently working on the ordinance. He stated that the standards are established and are ready to be reviewed by the Development Review Committee. A discussion ensued regarding whether or not the ordinance specifies that SRO's can be permitted in industrial zones. COUNCIL MEMBER MILLER RETURNED At 1:50 p.m., Council Member Miller returned to the luncheon workshop. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 1:50 p.m., Council Member Pope-Ludlam left the luncheon workshop. 13) Industrial Zones Mayor Holcomb stated that the Industrial Land Use District Standards in the Development Code provide that retail sales and services incidental to principally permitted uses are allowable, provided that certain standards are met. Mayor Holcomb recommended that there be more flexibility with the set percentage of the gross receipts. He suggested that the Development Code allow any sale in excess of 20 percent to require a conditional use permit. Larry Reed, Director of Planning and Building Services, stated that the Development Code addresses the serious problems encountered by providing inconsistent information regarding development in the City. He stated that with the newly adopted General Plan and the adoption of the Development Code, the problems with the inconsistencies will be alleviated. Mr. Reed explained that the Development Code would provide comprehensive guidelines for staff, which would be clear to the community and developers as well. Mayor Holcomb requested that a Development Code workshop be scheduled for Monday, January 14, 1991, at 10:00 a.m. in the Development Department Board Room, Fourth Floor, City Hall, 300 North "D" Street, San Bernardino, California. ADJOURN LUNCHEON WORKSHOP At 2:07 p.m., Mayor Holcomb adjourned the luncheon workshop to the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 2:07 p.m., Mayor Holcomb reconvened the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino, in the Development Department Board Room, Fourth Floor, City Hall, 300 North "D" Street, San Bernardino, California. 26 12/10/90 ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Miller; Deputy City Attorney Empeno, City Clerk Krasney, City Administrator Edwins. Absent: Council Member Estrada, Pope-Ludlam. RES. 90-491 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433, SECTION FOUR, ADDING AND DELETING VARIOUS CITY POSITIONS FOR THE PURPOSE OF CODIFYING PRIOR COUNCIL ACTIONS. (Discussed earlier in the meeting. See page 8) (14) Wayne Harp, Assistant Chief, Police Department, answered questions regarding the civilianization plan for the Police Department. He stated that the proposal was to establish a five- year plan in which certain positions in the Police Department would be civilianized. Council Member Minor made a motion, seconded by Council Member Miller, that said resolution be adopted. Ayes: Nays: Resolution No. 90-491 was adopted by the following vote: Council Members Reilly, Flores, Maudsley, Minor, Miller. None. Absent: Council Member Estrada, Pope-Ludlam. APPEAL - PLANNING COMMISSION'S DENIAL - VARIANCE NO. 90-08 - APPROVAL TO PLACE WALL SIGNS ON FOUR SIDES OF A RESTAURANT AT 885 EAST HARRIMAN PLACE (29) This is the time and place set for an appeal of the Planning Commission's denial of Variance No. 90-08 to place wall signs on four sides of a restaurant at 885 East Harriman Place. In a memorandum dated November 21, 1990, Larry 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 requests that the Mayor and Common Council approve a variance from Code Sections 19.60.220 (B) and (E), which allow the placement of signs on a maximum of two sides per building, to install 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. Council Member Flores made a motion, seconded by Council Member Minor, and unanimously carried, that the Mayor and Common Council adopt the findings of fact attached to the staff report, and approve Variance 90-08 for the proposed wall signs on four sides of the restaurant. 27 12/10/90 -- --_.._-----------,~---_._.....__._-_..._-----_.^-~----'---'-----~ COUNCIL MEMBER ESTRADA RETURNED At 2:16 p.m. Council Member Estrada returned to the Council meeting. ADJOURNMENT (30) At 2:20 p.m., Council Member Minor made a motion, seconded by Council Member Reilly, and unanimously carried, that the meeting be adjourned to 8:30 a.m., December 17, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL KRASNEY City Clerk By c:;drm~1Ju~& Sandra Medina, Deputy No. of Hours: 5.5 No. of Items: 42 28 12/10/90