HomeMy WebLinkAbout12-17-1990 Minutes
City of San Bernardino, California
December 17, 1990
The Regular Meeting of the Mayor and Common Council of the
City of San Bernardino was called to order by Mayor Holcomb at
8:35 a.m., Monday, December 17, 1990, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Krasney with the following
being present: Mayor Holcomb; Council Members Reilly, Flores,
Maudsley, Minor, Miller; City Attorney Penman, City Clerk
Krasney, City Administrator Edwins. Absent: Council Members
Estrada, pope-Ludlam.
ANNOUNCEMENT - CLOSED SESSION (1 and S-2)
City Attorney Penman announced there was a correction and an
addition of a case to the closed session agenda. Flores vs. City
of San Bernardino should have been listed as Diaz vs. City of
San Bernardino. (Item S-2) Jones vs . City of San Bernardino-
Superior Court Case No. 236746 was added to the closed session
agenda.
RECESS MEETING - CLOSED SESSION (1 and S-2)
At 8:36 a.m., the Mayor and Common Council and Community
Development Commission recessed to closed session for the
following:
a.
to confer with the
Ii tigation pursuant to
54956.9(b)(1), as there
litigation;
attorney regarding pending
Government Code Section
is significant exposure to
b.
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
c. to consider personnel matters pursuant to Government
Code Section 54957;
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;
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e. 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:
f. to confer with the attorney regarding pending
litigation which has been initiated formally to which
the City is a party pursuant to Government Code
Section 54956.9(a) as follows:
City of San Bernardino vs. San Bernardino Baseball Club.
Inc. - San Bernardino Superior Court Case No. 239193;
Stubblefield Construction Company. et al vs. City of San
Bernardino. et al - San Bernardino Superior Court Case No.
242998; San Bernardino Superior Court Case No. 252058;
Sock Dawson. et al vs. Ci tv of San Bernardino. et al-
United States District Court Case No. SA 88-461 AHS (RWRx);
Charlotte
Bernardino
E007031;
Reynolds
Superior
vs. City of
Court Case No.
San Bernardino
248752 and Case
San
No.
Save San Bernardino vs. Citv of San Bernardino San
Bernardino Superior Court Case No. 250425;
Citv of Redlands vs. Inland Valley Development Aaencv. et al
- San Bernardino Superior Court Case No. 255222;
City of San Bernardino vs. Deukmejian. et al San
Bernardino Superior Court Case No. 256623;
JOY Y. Revnolds vs. Citv of San Bernardino - Los Angeles
Superior Court Case No. BC002117;
County vs. Citv of San Bernardino (RDAl - San Bernardino
Superior Court Case No. 258241;
SBPOA vs. Citv of San Bernardino - San Bernardino Superior
Court Case No. 239366;
Libertv Cable TV Co. vs. Ci tv of San Bernardino - United
States District Court - Case No. 82-6876 WMB;
Mills vs. Citv of San Bernardino - San Bernardino Superior
Court Case No. 230035;
Blee vs. City of San Bernardino - San Bernardino Municipal
Court Case No. 129524;
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Fred Dennison vs. Tidwell - United States District Court -
Case No. SA CV 90-458;
Juan Gutierrez vs. Citv of San Bernardino - San Bernardino
Superior Court Case No. 235637;
Hill vs. City of San Bernardino - San Bernardino Superior
Court Case No. 231679;
Diaz vs. City of San Bernardino - San Bernardino Superior
Court Case No. 243548;
Jones vs. City of San Bernardino - San Bernardino Superior
Case No. 236746.
Simchowitz vs. Citv of San Bernardino
Superior Court Case No. 255534.
San Bernardino
CLOSED SESSION
At 8:40 a.m., Mayor Holcomb called the closed session to
order in the conference room of the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Krasney with the following
being present: Mayor Holcomb; Council Members Reilly, Flores,
Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City
Clerk Krasney, Ci ty Administrator Edwins. Absent: Council
Member Estrada.
Also present were: Deputy City Attorney Simmons, Deputy
City Attorney Roth, Margaret Scroggin, Administrative Operations
Supervisor, City Attorney's Office.
COUNCIL MEMBER ESTRADA ARRIVED
At 8:46 a.m., Council Member Estrada arrived at the closed
session.
READING OF RESOLUTIONS AND ORDINANCES
Deputy City Clerk Vale read the titles of all the
resolutions and ordinances on the regular, supplemental and
Community Development Commission agendas.
DEPUTY CITY ATTORNEY ROTH EXCUSED
At 8:50 a.m., Deputy City Attorney Roth left the closed
session.
DEPUTY CITY ATTORNEY SIMMONS EXCUSED
At 9:00 a.m., Deputy City Attorney Simmons left the closed
session.
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ADJOURN CLOSED SESSION
At 9:15 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 9:32 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 by City Clerk Krasney with the following
being present: Mayor Holcomb; Council Members Reilly, Flores,
Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City
Clerk Krasney, City Administrator Edwins. Absent: Council
Member Estrada.
INVOCATION
The invocation was given by Council Member Pope-Ludlam.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Flores.
ANNOUNCEMENT BY MAYOR - SAN BERNARDINO "UP AND COMING"
CITY (2)
Mayor Holcomb read a press release issued by Shauna Edwins,
City Administrator, which read in part as follows:
"San Bernardino ranked 16th among 50 cities listed as
the nation's 'up and coming' cities in the December 3,
1990 edition of Citv & State.
The publication compiles statistics on economic
indicators which include: growth in employment,
property valuation, and population. Cities across the
nation were ranked on the basis of their prospect for
economic growth in the 1990's.
San Bernardino ranked third in the nation in the
category for job percentage increase, recording a
13.57% hike over the period of 1987-89. San
Bernardino was also noted for the attraction of new
industry and jobs through its economic development
programs and redevelopment project areas.
Of the 50 cities named, 26 are in
Riverside ranked fourth behind San Diego,
Sacramento."
California.
Seattle and
COUNCIL MEMBER ESTRADA ARRIVED
At 9:35 a.m., Council Member Estrada
meeting and took her place at the council
returned to the Council
table.
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COMMENDATION - BRIAN J. SIMPSON - COMMUNITY,SERVICE (4)
Lorraine Velarde, Executive Assistant to the Mayor, read a
commendation to Brian J. Simpson in recognition of his dedicated
service to the community and participation in the San Bernardino
Community Against Drugs organization.
Mr. Simpson was present to accept the commendation from
Mayor Holcomb.
SERVICE PIN AWARD CEREMONY
Lorraine Velarde, Executive Assistant to the
names of employees receiving service pin awards.
(5)
Mayor, read the
Each employee received a service pin from Mayor Holcomb in
gratitude of his/her many years of dedicated service to the City.
PRESENTATION - SAN BERNARDINO CONVENTION AND VISITORS
BUREAU AND JOLENE S. ANDERSON PUBLISHING SAN
BERNARDINO'S FIRST VISITOR'S GUIDE (4)
Dan Stark, Executive Director, San Bernardino Convention and
Visitors Bureau, introduced the Chairman of the Board of
Directors, Dr. David Porter. Dr. Porter presented to the Council
the San Bernardino Convention and Visitors Bureau official guide
"Discover San Bernardino". He stated that the first issue will
be a tool that will be used by the Bureau to enhance tourism.
Margaret Ivy, San Bernardino Convention and Visitors Bureau,
spoke regarding the community businesses that donated both time
and materials to the official "Discover San Bernardino" guide.
She also introduced Ms. Jolene S. Anderson, from JSA Publishing,
who presented to Mayor Holcomb a plaque commemorating the first
San Bernardino Convention and Visitors Bureau official guide
"Discover San Bernardino".
Mr. Stark, presented a lithograph to the Mayor and Common
Council as a token of appreciation.
PRESENTATION - MIKE MASSEY - $1,000 DONATION TO THE
POLICE DEPARTMENT FOR OFFICER TRAINING (4)
Council Member Maudsley introduced Mr. Mike Massey, retired
San Bernardino Police Officer, who is now Loss Prevention
Supervisor for Certified Grocers. Since his retirement from the
City Police Department, Mr. Massey has been very active in
professional organizations promoting crime prevention.
Mr. Massey presented to Police Chief Daniel Robbins a $1,000
check to help send an Investigator to a federal program called
"Cargo Theft Investigation Training Program" in Georgia within
the next year. The goal of this program is the overall
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understanding of the cargo theft problem, current investigation
techniques and the security background for identifying potential
security problem areas.
WAIVE FURTHER READING OF RESOLUTIONS AND ORDINANCES (6)
Council Member Flores made a motion, seconded by Council
Member Miller, and unanimously carried, that further reading of
all resolutions and ordinances on the regular, supplemental and
Community Development Commission agendas be waived.
COUNCIL MINUTES (7)
Council Member Flores made a motion, seconded by Council
Member Miller, that the minutes of the meeting of the Mayor and
Common Council of the City of San Bernardino held on December 3,
1990, be approved as submitted in typewritten form.
Council Member Minor stated that he would abstain
voting on this item as he did not at tend the December 3,
meeting.
from
1990
The motion carried by the following vote: Ayes: Council
Members Estrada, Reilly, Flores, Minor, Pope-Ludlam, Miller.
Nays: None. Abstain: Council Member Minor. Absent: None.
INSTALLATION OF STREET NAME SIGNS MT. VERNON AVENUE
AND BASELINE STREET APPROVAL OF PLANS AND
AUTHORIZATION TO ADVERTISE FOR BIDS (8)
In a memorandum dated December 5, 1990, Roger Hardgrave,
Director of Public works/City Engineer, stated that the plans for
installing new street name signs have been prepared and the
project is ready to be advertised for bids. The project consists
of installing new high visibility street name signs on Mt. Vernon
Avenue, from Mill Street to 21st Street, and on Baseline Street,
from California Street to Windsor Drive. The total estimated
project cost is $48,000. An amount of $50,000 has been
allocated from CDBG funds to finance the costs of the project.
Council Member Flores made a motion, seconded by Council
Member Miller, and unanimously carried, that the plans for
installation of street name signs on Mt. Vernon Avenue and
Baseline Street, in accordance with Plan No. 8322, be approved,
and the Director of Public works/City Engineer be authorized to
advertise for bids.
PERSONNEL ACTIONS (10)
Council Member Flores made a motion, seconded by Council
Member Miller, and unanimously carried, that the personnel
actions submitted by the Chief Examiner, dated December 6, 1990,
in accordance with all administrative regulations of the City of
San Bernardino, be approved.
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JOINT POWERS FINANCING AUTHORITY REGULAR MEETING (11)
Council Member Flores made a motion, seconded by Council
Member Miller, and unanimously carried, that the Regular Meeting
of the Joint Powers Financing Authority be adjourned to January
22, 1991.
SET PUBLIC HEARING - JANUARY 7, 1991 - 10:00 A.M. - TO
CONSIDER MODIFYING FEES FOR USE OF BUILDINGS, SPORTS
FACILITIES, PARK AND RECREATION FACILITIES, ALCOHOL USE
PERMITS, PARKS AND PARKING LOTS, EQUIPMENT AND
SERVICES, AND STURGES AUDITORIUM. (12)
In a memorandum dated November 7, 1990, Annie Ramos,
Director of Parks, Recreation and Community Services, stated that
fees for the use of Parks, Recreation and Community Services
Department facilities and services have not been modified since
November 1986. Since that time, costs of labor, utilities,
custodial and maintenance, and other associated costs have
increased appreciably. Labor costs have increased 28 percent
since 1986. Modification of fees will enable full cost recovery
from the user.
Council Member Flores made a motion, seconded by Council
Member Miller, and unanimously carried, that a public hearing be
set for January 7, 1991 at 10:00 a.m., to consider a resolution
to modify fees for use of buildings, sports facilities, park and
recreation facilities, alcohol use permits, parks and parking
lots, equipment and services, and Sturges Auditorium.
RES. 90-492 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO XIOX CORPORATION FOR A TELEPHONE
BILLING SYSTEM. (13)
RES. 90-493 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH DATA
TICKET, INC. PROVIDING A OUT-OF-STATE DELINQUENT
PARKING CITATION COLLECTION MANAGEMENT SYSTEM ISSUED BY
THE CITY. (14)
RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A
CONTRACT TO PAXIN ELECTRIC, INC. FOR INSTALLATION OF
HIGHWAY SAFETY LIGHTING ON WATERMAN AVENUE, FROM SECOND
STREET TO NINTH STREET, AND VARIOUS DOWNTOWN LOCATIONS.
(Reconsidered later in the meeting) (See page 9) (15)
RES. 90-494 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO BOB BRITTON, INC. FOR
CONSTRUCTION OF STREET AND CHANNEL IMPROVEMENTS ON
LYNWOOD DRIVE AND SAND CREEK. (16)
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RES. 90-495 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, "A
RESOLUTION DESIGNATING CERTAIN STREETS OR
PORTIONS THEREOF AS THROUGH HIGHWAYS . "; AND
PROVIDING THAT STATE STREET IS A THROUGH HIGHWAY FROM
UNIVERSITY PARKWAY TO AND INCLUDING SHERIDAN ROAD.(17)
RES. 90-496 A RESOLUTION OF THE CITY OF SAN
BERNARDINO CONFIRMING ASSESSMENT ROLL NO. 997 FOR THE
MAINTENANCE OF FUTURE LANDSCAPING IN PORTIONS OF
VACATED CHESTNUT AVENUE BETWEEN OHIO AVENUE AND
IRVINGTON AVENUE, IN THE CITY OF SAN BERNARDINO, AND
APPROVING ASSESSMENT DIAGRAM MAP NO. 997. (18)
Council Member Flores made a motion, seconded by Council
Member Miller, that said resolutions be adopted.
Resolution Nos. 90-492, 90-493, 90-494, 90-495, and 90-496
were adopted by the following vote: Ayes: Council Members
Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller.
Nays: None. Absent: None.
MC-765
AMENDING
MUNICIPAL
AGENDA OF
ORDINANCE OF THE CITY OF
SECTION 2.58.200 OF THE
CODE RELATING TO CONTINUANCES
THE MAYOR AND COMMON COUNCIL.
SAN BERNARDINO
SAN BERNARDINO
OF ITEMS ON THE
(Final) (21)
Council Member Flores made a motion, seconded by Council
Member Miller, that said ordinance be adopted.
Ordinance No. MC-765 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor,
Pope-Ludlam, Miller. Nays: None. Absent: None.
VACATION OF THE NORTH/SOUTH ALLEY BETWEEN LYNWOOD DRIVE
AND MARSHALL BOULEVARD AND BETWEEN MOUNTAIN AVENUE AND
SANCHEZ STREET - AUTHORIZATION TO PROCEED (9)
In a memorandum dated December 4, 1990, Roger Hardgrave,
Director of Public Works/City Engineer, stated that a request was
received from one of the owners of property located at the
northeast corner of Mountain Avenue and Lynwood Drive to vacate a
ten foot wide, north/south alley which runs all the way between
Lynwood Drive and Marshall Boulevard.
The petitioner's property is vacant and has become a dumping
ground. There have also been reports of squatters on the
property. Many of the adjoining property owners have considered
the alley their own property and part of their yards.
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Upon authorization to proceed, the Public Works Department
staff will poll all property owners adjoining the alley as to
their wishes concerning the vacation of the alley.
Council Member Miller 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 that north/south alley
between Lynwood Drive and Marshall Boulevard and between Mountain
Avenue and Sanchez Street.
Council Member Miller made a motion, seconded by Council
Member Maudsley, and unanimously carried, that Plan No. 8339
showing the proposed vacation of the north/south alley between
Lynwood Drive and Marshall Boulevard and between Mountain Avenue
and Sanchez Street, be approved. '
RESOLUTION OF THE CITY OF SAN BERNARDINO REVISING
SECTION 1 OF RESOLUTION 90-2 RELATING TO THE AMOUNT OF
AN INFRASTRUCTURE FEE TO BE LEVIED FOR RIGHT-OF-WAY
IMPROVEMENTS AND PUBLIC IMPROVEMENTS. (19)
Council Member Minor made a motion, seconded by Council
Member Maudsley, and unanimously carried, that the resolution
revising Section 1 of Resolution 90-2 relating to the right-of-
way infrastructure fee for public improvements, be continued to
January 7, 1991, in the Council Chambers, City Hall, 300 North
"D" Street, San Bernardino, California.
MC-766 URGENCY ORDINANCE OF THE CITY OF SAN
BERNARDINO ADDING CHAPTER 17.05, SECTIONS 17.05.010 AND
17.05.020 TO THE SAN BERNARDINO MUNICIPAL CODE
REQUIRING LAND USE APPLICATIONS FOR HAZARDOUS WASTE
FACILITIES TO COMPLY WITH THE COUNTY HAZARDOUS WASTE
MANAGEMENT PLAN. (Final) (20)
Council Member Miller made a motion, seconded by Council
Member Minor, that said ordinance be adopted.
Ordinance No. MC-766 was adopted by the following vote:
Ayes: Council Member Estrada, Reilly, Flores, Maudsley, Minor,
Pope-Ludlam, Miller. Nays: None. Absent: None.
RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A
CONTRACT TO PAXIN ELECTRIC, INC. FOR INSTALLATION OF
HIGHWAY SAFETY LIGHTING ON WATERMAN AVENUE, FROM SECOND
STREET TO NINTH STREET, AND VARIOUS DOWNTOWN LOCATIONS.
(15)
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Council Member Minor made a motion, seconded by Council
Member Maudsley, and unanimously carried, to reconsider the
resolution awarding a contract to paxin Electric, Inc. regarding
highway safety lighting.
Council Member Minor made a motion, seconded by Council
Member Reilly, and unanimously carried, that the resolution
awarding a contract to paxin Electric, Inc., for installation of
highway safety lighting, be continued to allow staff to meet with
Southern California Edison regarding the purchase of safety
lighting to January 7, 1991, in the Council Chambers, City Hall,
300 North "D" Street, San Bernardino, California.
COUNCIL MEMBER MINOR EXCUSED
At 10:05 a.m., Council Member Minor left the Council
meeting.
PUBLIC MEETING - COMPREHENSIVE STORM DRAIN MASTER PLAN
- ESTABLISHMENT OF STORM DRAIN FEE $7, 159/ACRE-
PROJECT 3-5 (PEPPER/RANDALL) - CONTINUED FROM NOVEMBER
19, 1990 (22)
This is the time and place continued to for a public meeting
relative to the establishment of a storm drain fee surcharge for
Project 3-5, in the Comprehensive Storm Drain Master Plan.
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 public meeting.
There were no protests.
RES. 90-497 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION NO. 79-425 ENTITLED IN PART,
"RESOLUTION ESTABLISHING A SCHEDULE OF FEES FOR STORM
WATER DRAINAGE FACILITIES CONSTRUCTION ", AND
ESTABLISHING A SPECIAL SURCHARGE FOR DEVELOPMENT WITHIN
PROJECT 3-5 (PEPPER/RANDALL) STORM DRAIN BENEFIT AREA
(22)
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Council Member Miller made a motion, seconded by Council
Member Pope-Ludlam, and unanimously carried, that the public
meeting to receive oral or written presentations relative to the
establishment of a storm drain surcharge for Project 3-5, in
Comprehensive Storm Drain Master Plan, be closed; and that said
resolution be adopted.
Resolution
Ayes: Council
Ludlam, Miller.
No. 90-497 was adopted by the following vote:
Members Estrada, Reilly, Flores, Maudsley, Pope-
Nays: None. Absent: Council Member Minor.
PROTEST HEARING - NOTICE TO CONSTRUCT CHAPTER 12.92
IMPROVEMENTS. (23)
This is the time and place set for the protest hearing
relative to the notice to construct Chapter 12.92 improvements.
In a memorandum dated December 3, 1990, Roger Hardgrave,
Director of Public works/City Engineer, stated that on November
26, 1990, notices were sent by certified mail to the owners of
the properties listed on Exhibit" A" in his report, and the
properties were posted as required by Chapter 27 and Chapter
12.92.
Upon approval of this item, the owners
construction by January 25, 1991, or the City
improvements to be installed and the owners will
the costs therefor over a three-year period at
annum on the unpaid balance.
must commence
will cause the
be assessed for
7% interest per
Mayor Holcomb opened the protest hearing.
There were no protests.
Council Member Miller made a motion, seconded by Council
Member Flores, and unanimously carried, that any objections or
protests be overruled; 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
December 3, 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 25, 1991.
COUNCIL MEMBER MINOR RETURNED
At 10:06 a.m., Council Member Minor returned to the Council
meeting and took his place at the council table.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council meeting.
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APPEAL - BOARD OF BUILDING COMMISSIONERS' - ABATEMENT
OF WEEDS FROM PROPERTY LOCATED IN THE 1800 BLOCK OF
WEST 30TH STREET INTERNATIONAL CHURCH/FOURSQUARE
GOSPEL. (25)
This is the time and place set for an appeal filed by
International Church/Foursquare Gospel regarding weed abatement
actions for property in the 1800 block of West 30th Street.
In a memorandum dated December 3, 1990, Manuel P. Moreno,
Jr., Director of Public Services, presented a chronological list
of actions and events relative to the property located on the
1800 block of West 30th Street. The parcels required removal of
weeds, which was done by H & H Enterprises, for a cost of $300.
Administrative cost was $375. The Church was notified that
their case would be heard at the Board of Building Commissioners
meeting of November 2, 1990. However, no representative of the
Church appeared at that meeting. Based on the evidence, the
Board unanimously authorized that the sum of $675 be assessed
against the Church and ordered a lien against the property if the
assessment was not paid.
Mayor Holcomb stated that he had met informally with the
appellant and believed that an administrative adjustment should
be made, and recommended that this matter be referred to the City
Administrator for resolution.
Council Member Reilly made a motion, seconded by Council
Member Minor, and unanimously carried, that the appeal of
International Church/Foursquare Gospel relative to the assessment
made by the Board of Building Commissioners with regard to the
abatement of weeds from property located on the 1800 block of
West 30th Street, be referred to the City Administrator for
administrative resolution.
APPROVAL AND AUTHORIZATION TO TAKE THE NECESSARY
ACTIONS IN ORDER TO RESOLVE THE ISSUE OF THE HISTORICAL
BURIAL SITE AT SECCOMBE LAKE PARK. (26)
In a memorandum dated December 6, 1990, Annie Ramos,
Director of Parks, Recreation and Community Services, stated that
during the preparation for a ballfield at Seccombe Lake Park,
construction crews uncovered what appeared to be human remains in
what may have been part of a former cemetery. It was determined
that these were human remains and at least six graves were
located. In an effort to determine the origin of these graves,
historical research was done which was inconclusive, except that
the graves appeared to be dated in the 1850's.
Because of the inconclusiveness of the historical
archaeological team was engaged to do Phase I
investigation project. Its task was to search the site
all graves and make recommendations for resolution.
data, an
of an
and mark
Results
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indicated a total of 11 graves. The recommendation was that all
the graves be completely excavated, analyzed, studied and
prepared for reburial after all historical data was recorded.
Council Member Flores made a motion, seconded by Council
Member Miller, and unanimously carried, 1) that the following
actions recommended by the Director of Parks, Recreation and
Community Services Department relative to resolving the issue of
the historical burial site at Seccombe Lake Park be approved;
2) that the remains be completely unearthed, studied, analyzed,
removed and prepared for reburial by a qualified archaeological
team; 3) that work to complete the unfinished ballfield commence
as soon as possible after the remains are removed from the site;
4) that California State University, San Bernardino, or the San
Bernardino County Museum be contacted to determine if they are
interested in conducting any further study of the remains; 5 )
that upon completion of all study, the remains be reinterred and
memorialized in Pioneer Memorial Cemetery in accordance with any
laws and procedures regulating such activity.
COUNCIL MEMBER POPE-LUDLAM RETURNED
Council Member Pope-Ludlam returned to the Council meeting
and took her place at the council table.
RES. 90-498 - 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. (Continued from
December 10, 1990) (27)
Council Member Reilly made a motion, seconded by Council
Member Estrada, that said resolution be adopted.
Resolution No. 90-498 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor,
Pope-Ludlam, Miller. Nays: None. Absent: None.
PERSONNEL ACTION (S-l)
Council Member Reilly made a motion, seconded by Council
Member Maudsley, and unanimously carried, that the following
personnel action be approved in accordance with all
administrative regulations of the City of San Bernardino.
Wilson, Ernest
Affirmative Action
APPOINTMENT: Affirmative Action
Officer, Range 4387, Step 3,
$3,369/mo.
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RES. 90-499 - A RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AGREEMENTS BETWEEN THE CITY OF SAN
BERNARDINO AND THE CALIFORNIA FIRE FIGHTER JOINT
APPRENTICESHIP COMMITTEE FOR FIRE TRAINING SERVICES
(S-3)
Council Member Pope-Ludlam made a motion, seconded by
Council Member Miller, that said resolution be adopted.
Resolution No. 90-499 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor,
Pope-Ludlam, Miller. Nays: None. Absent: None.
RECESS MEETING - CLOSED SESSION
At 10:27 a.m., the Mayor and Common Council and Community
Development Commission recessed to closed session in the
conference room of the Council Chambers, City Hall, 300 North "D"
Street, San Bernardino, California, for the following:
a.
to meet with
labor relations
Section 54957.6.
designated representatives regarding
matters pursuant to Government Code
CLOSED SESSION
At 10:28 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 by City Clerk Krasney with the following
being present: Mayor Pro Tem Pope-Ludlam; Council Members
Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller;
City Attorney Penman, City Clerk Krasney. Absent: Mayor
Holcomb, City Administrator Edwins.
DIANA RAMIREZ, PERSONNEL ANALYST, PERSONNEL DEPARTMENT
ARRIVED
At 10:31 a.m., Diana Ramirez, Personnel Analyst, Personnel
Department, arrived at the closed session.
ANDREW GREEN, DIRECTOR, FINANCE DEPARTMENT ARRIVED
At 10:32 a.m., Andrew Green, Director, Finance Department,
arrived at the closed session.
MAYOR HOLCOMB ARRIVED
At 10:37 a.m., Mayor Holcomb arrived at the closed session.
ADJOURN CLOSED SESSION
At 11:07 a.m., the closed session adjourned to the Regular
Meeting of the Mayor and Common Council.
14
12/17/90
RECONVENE MEETING
At 11:08 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 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. Absent: City
Administrator Edwins.
COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY-
REGULAR MEETING
At 11:09 a.m., the Regular Meeting of the Community
Development Commission/Redevelopment Agency was called to order
by Chairman Holcomb in the Council Chambers, City Hall, 300 North
"D" Street, San Bernardino, California.
RES. 90-500 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO DIETRICH ENTERPRISES FOR
DEMOLITION AND CLEARANCE OF TWO (2) RESIDENTIAL
STRUCTURES AND ONE (1) FREE-STANDING GARAGE LOCATED AT
136 SOUTH IRWIN STREET, 1263 BASELINE STREET, AND 816
WEST 19TH STREET, RESPECTIVELY, SAN BERNARDINO,
CALIFORNIA. (R-3)
Council Member Minor made a motion, seconded by Council
Member Reilly, that said resolution be adopted.
Resolution No. 90-500 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor,
pope-Ludlam, Miller. Nays: None. Absent: None.
SMALL BUSINESS LOAN BETWEEN THE CITY AND THE MAD GREEK
('15) (R-7)
In a memorandum dated December 13, 1990, Ken Henderson,
Executive Director, Development Department, stated that The Mad
Greek Restaurant, 480 South "E" Street, San Bernardino, is an
Economic Development Program client for which a small business
loan in the amount of $50,000 was approved in August, 1989. In
part, the purpose of the loan was for the enclosure of the patio
area.
Subsequent to loan approval, the Planning and Building
Services Department denied the permit required to enclose the
patio area based upon the City regulation requiring certain free
space between the structure and surrounding businesses.
Accordingly, the client submitted a request amending that
portion of the original use of funds, from enclosing the patio
area to the purchase and installation of an outdoor sign.
15
12/17/90
The Small Business Loan guidelines have since been revised
for construction projects. Preliminary written approval by the
Planning and Building Services Department is required prior to
processing the application for financial assistance. Without such
written, preliminary approval, the application is considered
incomplete and not subject to further processing until such
approval is provided.
Council Member Minor made a motion, seconded by Council
Member Estrada, and unanimously carried, that the Mayor and
Common Council approve amendment of the use of loan proceeds from
enclosing the patio to the installation of an outdoor sign
relating to Small Business Loan between City and The Mad Greek
(#15) .
RES. 90-501 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE SALE OF CERTAIN PROPERTY AND MAKING
CERTAIN FINDINGS AND DETERMINATIONS AS TO THE BENEFIT
TO THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT
AREA OF THE REDEVELOPMENT AGENCY'S ACQUISITION OF SUCH
PROPERTY. (R-8)
Council Member Miller made a motion, seconded by Council
Member Estrada, that said resolution be adopted.
Resolution No. 90-501 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor,
Pope-Ludlam, Miller. Nays: None. Absent: None.
RECESS MEETING - CLOSED SESSION - COMMUNITY DEVELOPMENT
COMMISSION
At 11:40 a.m., the Mayor and Common Council, acting as the
Community Development Commission, recessed to closed session in
the conference room of the Council Chambers, City Hall, 300 North
"D" Street, San Bernardino, California.
CLOSED SESSION
At 11:41 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 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. Absent: City
Administrator Edwins.
16
12/17/90
Also present were Robert Temple, Acting Agency
Administrator, Economic Development Agency, and Ken Henderson,
Executive Director, Development Department.
ADJOURN CLOSED SESSION
At 12:04 p.m., the closed session was adjourned to the
Regular Meeting of the Mayor and Common Council of the City of
San Bernardino.
RECONVENE MEETING
At 12:05 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; Senior Assistant
City Attorney Barlow, City Clerk Krasney. Absent: City
Administrator Edwins.
RECESS MEETING - LUNCHEON WORKSHOP
At 12:06, the Mayor and Common Council and Community
Development Commission recessed to the luncheon workshop for the
following:
a. to consider personnel matters pursuant to Government
Code Section 54957.
LUNCHEON WORKSHOP - CLOSED SESSION (24)
At 12 :20 p.m., Mayor Holcomb called the closed session to
order in the Management Information Center (MIC), Sixth Floor,
City Hall, 300 North "D" Street, San Bernardino, California.
a. to consider personnel matters pursuant to Government
Code Section 54957.
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 Clerk
Krasney, City Administrator Edwins. Absent: City Attorney
Penman.
ADJOURN CLOSED SESSION
At 1:54 p.m., the closed session
Regular Meeting of the Mayor and Common
San Bernardino.
was adjourned to the
Council of the City of
17
12/17/90
RECONVENE MEETING
At 2:01 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 Reilly, Flores,
Maudsley, Minor, Miller; Deputy City Attorney Empeno, City Clerk
Krasney. Absent: Council Members Estrada, Pope-Ludlam; City
Administrator Edwins.
APPEAL - PLANNING COMMISSION'S DENIAL FOR A ONE-YEAR
EXTENSION OF TIME FOR TENTATIVE TRACT 13822 - NORTH-
EAST CORNER OF CALIFORNIA STREET AND 16TH (28)
This is the time and place set to consider the appeal filed
by Dukes Dukes and Associates, Inc. on the Planning
Commission's denial for a one year extension of time for
Tentative Tract 13822 located at the northeast corner of
California Street and 16th.
(Note: Resolution No. 90-498 approving the final map for
subdivision tract 13822, located on the northeast corner of
California Street and 16th Street, and accepting the public
dedications as set forth on said map was adopted earlier in the
meeting, thus resolving this matter.) (See related item 27, page
13) .
Mr. Charles Schultz, from the law firm of Reid & Hellyer,
599 North Arrowhead, San Bernardino, spoke on behalf of the
applicant, Mr. Dukes, stating that Mr. Dukes would like to
formally withdraw the appeal. He also thanked the City
Attorney's Office and the Engineering Department for their
assistance.
COUNCIL MEMBER MILLER EXCUSED
Council Member left the Council meeting.
COUNCIL MEMBER ESTRADA AND POPE-LUDLAM ARRIVED
At 2:04 p.m., Council Members Estrada and Pope-Ludlam
arrived at the Council meeting and took their places at the
council table.
PLANNING COMMISSION'S DENIAL - CONDITIONAL USE PERMIT
NO. 89-41 REQUEST FOR APPROVAL TO CONSTRUCT AND
OPERATE AN OUTDOOR GO-CART TRACK - RANDY WYATT, JR.
(29)
This is the time and place set to consider the appeal filed
by Randy Wyatt, Jr., on the Planning Commission's denial of
Conditional Use Permit No. 89-41 regarding approval to construct
and operate an outdoor go-cart track.
18
12/17/90
In a memorandum dated November 28, 1990, Larry Reed,
Director of Planning and Building Services, explained the
background of the appeal relative to an outdoor go-cart track.
The proposed operation consists of a racing track with a capacity
of twenty go-carts, a two story building for office and cart
storage, a parking lot and a picnic area. Currently, the subject
site consists of an unpaved parking lot and the race track.
On June 20, 1990, the applicant was first cited for
operating without an approved conditional use permit, business
license, and certificate of occupancy. On July 9, 1990, the
applicant was convicted on all counts.
Complaints
Post 8737, and
system, hours
consumption of
loitering.
were received from the Veterans of Foreign Wars,
other residents regarding loud music and P. A.
of operations, pedestrian safety, illegal
alcohol, insufficient parking, vandalism, and
The application for the proposed project was submitted to
the Planning Department on August 21, 1989. After numerous
reviews, on October 11, 1990, the Development Review Committee
(DRC) cleared the site plan, floor plans, and elevations for
Planning Commission approval. On August 9, 1990, the
Environmental Review Committee (ERC) proposed a mitigated
negative declaration, which was advertised and available for
public review from August 16, 1990, to September 5, 1990. No
public comments were received during that period.
On October 10, 1990, the Planning Department received a
memorandum from the Risk Management Department recommending that
one of the conditions of approval for C.U.P. 89-41 be that the
grantee carry general liability coverage of $1,000,000 with the
City as a named additional insured in the policy
On November 20, 1990, the Planning Commission denied the
Conditional Use Permit by a 5 to 3 vote.
Mayor Holcomb opened the hearing.
Council Member Flores made a motion, seconded by Council
Member Reilly, that the appeal of Planning Commission's denial of
Conditional Use Permit No. 89-41, be continued to the meeting of
January 7, 1991, in the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California.
The motion
Council Members
None. Abstain:
Member Miller.
was adopted by the following vote:
Estrada, Reilly, Flores, Maudsley, Minor.
Council Member Pope-Ludlam. Absent:
Ayes:
Nays:
Council
19
12/17/90
RECESS MEETING - CLOSED SESSION
At 2: 10 p. m., the Mayor and Common Council recessed to
closed session in the conference room of the Council Chambers,
City Hall, 300 North "D" Street, San Bernardino, California.
Henry Empeno, Deputy City Attorney, announced that one of
the cases to be discussed in closed session was:
Simchowitz vs. Citv of San Bernardino
Superior Court Case No. 255534.
San Bernardino
CLOSED SESSION
At 2: 10 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 by City Clerk Krasney with the following
being present: Mayor Holcomb; Council Members Estrada, Reilly,
Flores, Maudsley, Minor, Pope-Ludlam; City Clerk Krasney, City
Administrator Edwins. Absent: Council Member Miller, City
Attorney Penman.
Also present were: Senior Deputy City Attorney Martin,
Deputy City Attorney Empeno.
COUNCIL MEMBER MILLER ARRIVED
At 2:20 p.m., Council Member Miller arrived at the closed
session.
SENIOR ASSISTANT CITY ATTORNEY MARTIN EXCUSED
At 2:34 p.m., Senior Assistant City Attorney Martin left the
closed session.
DEPUTY CITY ATTORNEY EMPENO EXCUSED
At 2:35 p.m., Deputy City Attorney Empeno left the closed
session.
ADJOURN CLOSED SESSION
At 2 :40 p.m., the closed session adjourned to the Regular
Meeting of the Mayor and Common Council of the City of San
Bernardino.
RECONVENE MEETING
At 2:41 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.
20
12/17/90
ROLL CALL
Roll call was taken with the following being present: Mayor
Holcomb; Council Members Estrada, Reilly, Flores, Maudsley,
Minor, Pope-Ludlam, Miller; City Clerk Krasney, City
Administrator Edwins. Absent: City Attorney Penman.
ADJOURNMENT (30)
At 2:42 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., Monday, January 7,1991, in
the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
By
RACHEL KRASNEY
City Clerk
pttu"cl4~.(.> ~..-<....
Melanie Vale
Deputy City Clerk
No. of Items: 36
No. of Hours: 6
21
12/17/90