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HomeMy WebLinkAbout02-01-1993 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING FEBRUARY 1, 1993 COUNCIL CHAMBERS The regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Pro Tem Maudsley at 8:31 a.m., Monday, February 1, 1993, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by city Clerk Rachel Clark with the following being present: Mayor Pro Tem Maudsley; Council Members Reilly, Hernandez, Maudsley, Minor, Miller; Deputy City Attorney Simmons; city Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Mayor Holcomb; Council Members Estrada, Pope- Ludlam. Deputy City Attorney Simmons announced that the following additional cases would be discussed in closed session: Harris vs. citv of San Bernardino - San Bernardino Superior Court Case No. 245981; Castro vs. citv of San Bernardino - San Bernardino Superior Court Case No. 245222; RECESS MEETING - CLOSED SESSION At 8:31 a.m. the Mayor and Common Council and Development Commission recessed to closed session following: (1) Community for the a. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9(b) (1), as there is significant exposure to litigation; b. based on existing facts below, the city Council whether a closed session California Government Code and circumstances, set out is meeting only to decide is authorized pursuant to Section 54956.9(b) (2); 1 2/1/93 c. 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 d. to consider personnel matters pursuant to Government Code section 54957; e. 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; f. 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 The identity of each person with whom negotiations are authorized is: ; g. to meet with an applicant for a City license and the applicant's attorney pursuant to Government Code section 54956.7; h. to meet with the Chief of Police regarding matters of public security pursuant to Government Code section 54957; i. to confer with the attorney regarding pending litigation which has been initiated formally to which the city is a party to pursuant to Government Code section 54956.9(a) as follows: Stubblef ield Construction Comoanv. et al vs. ci tv of San Bernardino. et al - San Bernardino superior Court Case No. 242998; San Bernardino Superior Court Case No. 252058; citv of San Bernardino vs. Libertv Cable T.V.. et al- united States District Court Case No. 82-6876 WMB; city of San Bernardino vs. Count v of San Bernardino. et al- Riverside Superior Court Case No. 207900; Tomas Armendariz. et al vs. James F. Penman. et al. - united States District Court Case No. 91-5757; Guardian Bank vs. James F. Penman. et al - United States District Court Case No. 92-4415 WDK (Ex); 2 2/1/93 Guardian Bank vs. James F. Penman. et al - San Bernardino County Superior Court Case No. 272631; citv of San Bernardino vs. Chambers Cable - San Bernardino Superior Court Case No. 264793; Tomas Armendariz. et al vs. James F. Penman. et al - San Bernardino Trial Court Case No. 271093; Julie M. Thompson vs. citv of San Bernardino. et al - United States District Court No. SA CV-92-888 GT (RWRx); Gonzales vs. citv of San Bernardino Superior Court Case No. 264903; San Bernardino DeCarvalho vs. Huntoon/citv Court Case No. 268323; San Bernardino Superior CLOSED SESSION At 8:31 a.m., Mayor Pro Tem Maudsley called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North liD" street, San Bernardino, California. ROLL CALL Roll call was taken by city Clerk Rachel Clark with the fOllowing being present: Mayor Pro Tem Maudsley; Council Members Reilly, Hernandez, Maudsley, Minor, Miller; Deputy city Attorney Simmons, City Clerk Rachel Clark, city Administrator Shauna Clark. Absent: Mayor Holcomb; Council Members Estrada, Pope- Ludlam. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Cordova 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. CITY ATTORNEY PENMAN ARRIVED At 8:35 a.m., City Attorney Penman arrived at the closed session. City Attorney Penman announced that the following additional cases would be discussed in closed session: Villa vs. Conner/City of San Bernardino - San Bernardino Superior Court Case No. 262494. Yousef Samano et al vs. Daniel Robbins. Shauna Clark. et al - united States District Court Case No. 930448. 3 2/1/93 SENIOR ASSISTANT CITY ATTORNEY MORILLO & ADMINISTRATIVE OPERATIONS SUPERVISOR SCROGGIN ARRIVED At 8:35 a.m" Senior Assistant city Attorney Morillo Margaret Scroggin, Administrative Operations supervisor, Attorney's Office, arrived at the closed session. and City MAYOR HOLCOMB ARRIVED At 8:40 a.m., Mayor Holcomb arrived at the closed session. COUNCIL MEMBER ESTRADA & CHIEF OF POLICE ROBBINS ARRIVED At 8:44 a.m., Council Member Estrada and Police Chief Robbins arrived at the closed session. DEPUTY CITY ATTORNEY SIMMONS EXCUSED At 8:44 a.m., Deputy City Attorney Simmons, left the closed session. CITY ATTORNEY PENMAN, SENIOR ASSISTANT CITY ATTORNEY MORILLO & POLICE CHIEF ROBBINS EXCUSED At 9:08 a.m., City Attorney Penman, Senior Assistant City Attorney Morillo and Police Chief Robbins left the closed session. ADMINISTRATIVE OPERATIONS SUPERVISOR SCROGGIN EXCUSED At 9:09 a.m., Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office, left the closed session. ADJOURN CLOSED SESSION At 9: 10 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: 31 a. m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the council Chambers of City Hall, 300 North liD" Street, San Bernardino, California. ROLL CALL Roll call was taken by city Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, city Clerk Rachel Clark, city Administrator Shauna Clark. Absent: None. INVOCATION The invocation was given by Reverend Barnabas Laubach, Saint Bernardine's Medical Center. 4 2/1/93 PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Pope- Ludlam. ANNOUNCEMENT - CITY CLERK CLARK - SAMPLE BALLOTS (2) City Clerk Rachel Clark stated that sample ballots for the March 2nd Primary Election would be mailed this week. ANNOUNCEMENT COUNCIL MEMBERS ESTRADA & BASELINE BUSINESS OWNERS REILLY (2) Council Members Estrada business owners on Base Line efforts of the past week. and and Reilly congrat~lated the recognized their cleaning PROCLAMATION - CATHOLIC SCHOOLS WEEK - FEBRUARY 1-5, 1993 (4) Ernie Wilson, Affirmative Action Officer, read a proclamation declaring the week of February 1-5, 1993, as Catholic Schools Week, in recognition of excellent educational services provided to the community. Mr. Tom Heding, Superintendent of Schools, Diocese of San Bernardino; sister Maura Redington, Our Lady of Assumption School; Mrs. Millie Fisher, Saint Anne's School; sister Susan DeGuide, Saint Anthony'S School; Mrs. Irene Griffis, Holy Rosary School and Mr. Ken Johnson, Aquinas High School, accepted the proclamation. COUNCIL MEMBER ESTRADA EXCUSED At 9:36 a.m., Council Member Estrada left the council meeting. PUBLIC COMMENTS - MAYOR HOLCOMB (3) Mayor Holcomb stated that public comments must be within the jurisdiction of the Mayor and Council in order to maintain the orderly conduct of business within the City. PUBLIC COMMENTS - MR. JAMES ROE (3) James Roe, 325 W. sixth Street, San Bernardino, CA, distributed a letter addressing issues relating to the Empire Bay Development. Mr. Roe stated that he has sold several pieces of property to Empire Bay; however, Empire Bay was now delinquent on their loans and he is at risk of losing his good credit rating. Council Member Hernandez made a motion, seconded by Council Member Miller, that Mr. Roe be allowed to continue his comments relative to Empire Bay Development. (Note: There was no vote ,5 2/1/93 taken at this time.) Mr. Roe requested that his concerns be addressed in writing and that an audit be conducted on all projects authorizing use of Redevelopment funds. PUBLIC COMMENTS - MR. ROGER DUMAS (3) Roger G. Dumas, a resident of San Bernardino, CA, expressed concern relative to crime and violence within the City. PUBLIC COMMENTS - MR. JEFF WRIGHT (3) Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed concern relative to businesses leaving the city. WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (5) Council Member Miller 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. COUNCIL MINUTES (6) Council minutes were not available for distribution; therefore, item six was deleted. AUTHORIZE OUT-OF-STATE TRAVEL FEBRUARY 3-7, 1993- AUDREE TAYLOR, PARKS, RECREATION & COMMUNITY SERVICES - NATIONAL RECREATION & PARKS MID-YEAR CONGRESS (7) In a memorandum dated January 22, 1993, Annie F. Ramos, Director of Parks, Recreation & Community Services, stated that Senior Recreation Supervisor Audree V. Jones-Taylor requested to attend the Mid-Year Congress for National Recreation Parks Association in Washington, D.C. on February 3-7, 1993. Ms. Taylor would be representing the City on behalf of the Multi- Cultural Task Force of California Parks and Recreation and the Ethnic Minority Society of National Recreation Parks Association. Both organizations assist in setting trends and providing professional guidance in the field of recreation as it pertains to equal standards of service, youth at risk and cultural diversity. Ms. Taylor has agreed to cover the entire cost of the trip. Council Member Miller made a motion, seconded by Council Member Maudsley, and unanimously carried, that authorization for out-of-state travel for Audree Taylor to attend the National Recreation and Parks Mid-Year Congress in Washington, D.C. on February 3-7, 1993, be approved. 6 2/1/93 AUTHORIZE APPLICATION - DOMESTIC VOLUNTEER SERVICE ACT "PROGRAMS OF NATIONAL SIGNIFICANCE" - $15,000 - CITY SENIOR COMPANION PROGRAM (8) In a memorandum dated January 22, 1993, Annie F. Ramos, Director of Parks, Recreation & community Services, stated that the City has been informed of additional national funds made available for the Senior Companion Program for implementation of section 255 "Program of National Significance" through the Domestic Volunteer Act. The city Senior Companion Program wishes to make a request to the federal agency ACTION to fund its proposed program "Care to Developmentally Disabled Adults." This program would provide personal services to handicapped, frail and elderly persons in special facilities and in private homes. Four volunteer senior companions would be trained to work with developmentally disabled adults, two of which would be assigned to the Department of Mental Health's Continuing Care program. companion activities would include assisting adults, enhancing participants' self-esteem, being role-models, encouraging participation in new activities and building friendships. Training would be provided by the School District and Department of Mental Health staff. The other two senior companions vista Sanitarium. Activities would and crafts projects, stimulating residents on field trips, etc. provided by the facility's staff. would be assigned to Sierra include assisting with arts conversation, accompanying Special training would be Each companion would provide 20 hours of service per week and would attend on-going in-service training four hours each month. These four companions would increase the program's service by 4,176 hours annually and would provide at least sixteen additional adults with personal service. Total funding for the Program of National Significance would be $17,852; $15,000 from ACTION and $2,852 from local donations and the Senior companion Program Trust Fund. No city funds would be required. council Member Miller made a motion, seconded by Council Member Maudsley, and unanimously carried, that the Director of Parks, Recreation & Community Services be authorized to apply for a $15,000 grant under the provisions of the Domestic Volunteer Act's "Program of National Significance" grant program for administration through the City Senior Companion Program. 7 2/1/93 CLAIMS AND PAYROLL (9) Council Member Miller made a motion, seconded by Council Member Maudsley, and unanimously carried, that the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated January 27, 1993, from the Director of Finance, be approved. PERSONNEL ACTIONS (10) Council Member Miller made a motion, seconded by Council Member Maudsley, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated January 20, 1993, in accordance with civil Service Rules and Personnel Policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. RES. 93-15 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE SITE IDENTIFICATION AND DESCRIPTION FOR THE MID- VALLEY/FONTANA SANITARY LANDFILL FACILITY (FACILITY IDENTIFICATION # 36-AA-0055). ( 11) RES. 93-16 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE SITE IDENTIFICATION AND DESCRIPTION FOR THE SAN TIMOTEO SANITARY LANDFILL FACILITY (FACILITY IDENTIFICATION # 36-AA-0087). (12) RES. 93-17 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO SULLY-MILLER CONTRACTING COMPANY FOR PLACEMENT OF ASPHALT CONCRETE ON CARNEGIE DRIVE AND VANDERBILT WAY, BETWEEN HOSPITALITY LANE AND WATERMAN AVENUE. (13) RES. 93-18 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 2 OF LOCAL AGENCY FEDERAL-AID PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO THE WIDENING OF THE liE" STREET BRIDGE OVER THE SANTA ANA RIVER. (16) RES. 93-19 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 4 OF LOCAL AGENCY FEDERAL-AID PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO THE REHABILITATION OF REDLANDS BOULEVARD, HUNTS LANE TO EAST CITY LIMITS. (18) 8 2/1/93 RES. 93-20 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 5 OF LOCAL AGENCY FEDERAL-AID PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO THE CONSTRUCTION OF ROUTE 1-10 RAMPS AT WATERMAN AVENUE. (19) RES. 93-21 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 73 OF LOCAL AGENCY FEDERAL- AID PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO THE INSTALLATION OF GUARDRAIL ON PORTIONS OF LITTLE MOUNTAIN DRIVE, RANCHO AVENUE, AND WATERMAN AVENUE. (20) RES. 93-22 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SEWER CONNECTION AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT RELATIVE TO CONNECTION OF MUSCOY ELEMENTARY SCHOOL TO THE CITY'S SEWAGE SYSTEM. ( 2 1) RES. 93-23 - 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 MACY STREET IS A THROUGH HIGHWAY FROM RIALTO AVENUE TO MILL STREET. (22) Council Member Miller made a motion, seconded by Council Member Maudsley, that said resolutions be adopted. Resolution Nos. 93-15, 93-16, 93-17, 93-18, 93-19, 93-20, 93-21, 93-22 and 93-23 were adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Estrada. RES. 93-24 - RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF SAN BERNARDINO FOR THE ANNEXATION OF THE TERRITORY GENERALLY LOCATED SOUTH OF 6TH STREET, WEST OF PEDLEY ROAD. (14) Discussion ensued relative to the annexation of blighted, undeveloped land. Council Member Minor made a motion, seconded by Council Member Reilly, that said resolution be adopted. 9 2/1/93 Resolution No. 93-24 was adopted by the Ayes: Council Members Reilly, Maudsley, Minor, Council Members Hernandez, Pope-Ludlam. Absent: Estrada. following vote: Miller. Nays: Council Member RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF OF SAN BERNARDINO DECLARING THAT THE CITY HAS TO ANNEX THE COMMUNITY OF DEVORE. THE CITY NO PLANS (15) Discussion ensued regarding the possible annexation of the community of Devore. The question was asked whether the adoption of said resolution commits future council members. City Attorney Penman stated that future council members cannot be legally bound to any specific action, and adoption of said resolution would only reflect the intent of its current council members. Mayor Holcomb indicated that the resolution was created to alleviate the concerns from the citizens of Devore. The resolution was not adopted due to the lack of a motion to adopt said resolution. RES. 93-25 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 3 OF LOCAL AGENCY FEDERAL-AID PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO THE IMPROVEMENT OF PALM AVENUE, FROM CABLE CREEK TO VERDEMONT AVENUE. (17) Barbara Sky, 6464 Palm Avenue, San Bernardino, CA, asked how the $100,000 would be allocated if the city received payment from the State. Discussion ensued relative to how funds can be utilized. Council Member Minor made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 93-25 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Estrada. ANNOUNCEMENT - CITY CLERK RACHEL CLARK (2) City Clerk Rachel Clark announced that Council Member Estrada had to leave the Council meeting in order to attend a doctor's appointment. 10 2/1/93 PUBLIC HEARING IMPOSING LIENS UNCOLLECTED BUSINESS REGISTRATION FEES ON PROPERTY- (23) This is the time and place set for a pUblic hearing to consider imposing liens on real property located within the City of San Bernardino for uncollected business registration fees. In a memorandum dated January 11, 1993, City Clerk Rachel Clark requested authori2:ation to impose liens on certain parcels of property for uncollected business registration fees. City Clerk Rachel Clark stated that payment has been received for certain properties and the following addresses are to be deleted from Exhibit "A" of said resolution: 334 West Third Street, 234 North Arrowhead Avenue, 2518 West Base Line street, 4280 Third Avenue, 4290 Third Avenue and 340 West Fourth street. Mayor Holcomb opened the hearing. Kenneth E. Hagen, Esquire, 270 Laguna Road, suite 200, Fullerton, CA, representing King Industrial Park owning property located at 1050 East Cooley Avenue, San Bernardino, CA, requested that the matter be continued to allow the representing attorney time to prepare the statement of facts and law memorandum applicable to said property. RES. 93-26 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR UNCOLLECTED BUSINESS REGISTRATION FEES. (23) Council Member Hernandez made a motion, seconded by Council Member Reilly, that the hearing be closed, and that said resolution be adopted as amended by deleting the following addresses: 334 West Third street, 234 North Arrowhead Avenue, 2518 West Base Line Street, 4280 Third Avenue, 4290 Third Avenue and 340 West Fourth Street; and that the matter relating to property located at 1050 N. Cooley Avenue be continued to March 22, 1993, in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. Resolution No. 93-26 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Miller. Nays: None. Abstain: Council Member Pope-Ludlam. Absent: Council Member Estrada. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 10.52.030 OF THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH A FORTY MILE PER HOUR SPEED LIMIT ON THIRTIETH STREET BETWEEN LITTLE MOUNTAIN DRIVE AND "H" STREET. First (24) 11 2/1/93 council Member Minor made a motion, Member Hernandez, and unanimously carried, laid over for final adoption. seconded by Council that said ordinance be RELOCATION OF THE SOCIAL SECURITY BUILDING (Discussed later in the meeting) (See page 20) (25 & R-12) In a memorandum dated January 26, 1993, Council Member Ralph Hernandez requested that discussion and possible action be taken relative to the relocation of the social security building. It was the consensus of the Council that the discussion and possible action relative to the relocation of the social security building be continued to the afternoon for discussion in the closed session portion of the Community Development Commission meeting. LETTER FROM ROGER G. DUMAS REQUESTING THAT EIGHT (8) ITEMS BE PLACED ON THE AGENDA (26) In an undated letter, Roger G. Dumas, resident of San Bernardino, requested that eight items relating to: 1) signs posted by businesses, 2) Resolution No. 88-423, 3) catch basins on Waterman Avenue, 4) catch basins on Highland Avenue, 5) invocations, 6) grants, 7) trash collection and 8) computer terminals, be placed on the agenda. Council Member Miller made a motion, seconded by Council Member Minor, and unanimously carried, that the letter written by Roger G. Dumas to have eight items placed on the agenda, be referred to the Legislative Review Committee. LETTER FROM JOHN STEVENS REGARDING PUBLIC COMMUNITY ACCESS TELEVISION CHANNEL, KCSB-TV ACCESS- (27) In a letter dated, January 13, Pershing Avenue, San Bernardino, CA, has had in the last eight months community access television, KCSB-TV. 1993, John Stevens, 4097 stated the difficulties he relative to public access In a memorandum dated January 26, 1993, Frank Keller, Cable Television Manager, provided a chronological history of events which have taken place since he was appointed Cable Television Manager, in response to Mr. Stevens' letter. Phil Arvizo, Executive Assistant to the Council, Council Office, requested that discussion and possible action relative to Mr. Stevens' letter, be tabled. 12 2/1/93 Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that discussion and possible action relative to correspondence received from John stevens regarding the public access portion of the Community Access Television Channel, KCSB-TV, be tabled. WARD VALLEY LOW-LEVEL RADIOACTIVE WASTE DUMP (Discussed later in the meeting) (See page 16) (28) In a memorandum dated January 25, 1993, Council Member Hernandez requested that discussion and possible action be taken regarding the Ward Valley Low-Level Radioactive Waste Dump. Mayor Holcomb expressed concern relative to the city taking action against the proposed Ward Valley low-level radioactive waste dump site because the city does not have jurisdiction over this matter. Concern was expressed relative to vehicles transporting low- level nuclear waste travelling on interstate highways. Mayor Holcomb stated that the only action that can be taken is that similar to the City of Azusa, wherein the City of Azusa opposed the development of the proposed waste site. Mayor Holcomb stated that he would like to see discussion take place hearing both sides of the issue; and if the item was heard today, he believed this would not be the case. Mayor Holcomb limited discussion to five minutes, with the stipulation that it be within the jurisdiction of the Mayor and Common Council. John stevens, 4097 Pershing Avenue, San Bernardino, CA, expressed concern relative to the five-minute limitation. Mr. stevens explained that individuals have travelled from great distances to speak on this issue. Jeff Wright, P. O. Box 2341, San Bernardino, CA, requested that the Council overrule the five-minute limitation. Discussion ensued relative to the five-minute limitation. Mayor Holcomb stated that because he has ruled that the Ward Valley low-level radioactive waste dump is not within the jurisdiction of the City, the five-minute limitation applies. John Stevens stated that the development of the waste dump effects the City because if a spillage is experienced on Cajon Pass it will effect all city residents. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that the pUblic be allowed to speak relative to the proposed Ward Valley low-level radioactive waste dump site. (Note: No vote was taken at this time.) 13 2/1/93 , ., Mayor Holcomb overruled the motion due to the fact that the proposed low-level radioactive waste dump site does not fall within the jurisdiction of the Mayor and Council. Mayor Holcomb stated that he would allow the pUblic to speak if it is within the jurisdiction of the Council. Mayor Holcomb felt that the only option the Council had was to adopt a resolution similar to that of the City of Azusa. Ronald Van Fleeth, Sr., representing the Mojave Indian Tribe in Ward Valley, appealed to the Council and requested the adoption of a resolution opposing the development of the proposed Ward Valley low level radioactive waste dump. Mayor Holcomb recommended that the item relative to the proposed Ward Valley low-level radioactive waste dump be referred to the Legislative Review Committee to allow for both sides to be heard, and that the Legislative Review Committee determine whether the adoption of a resolution opposing the development of the low-level radioactive waste dump site be recommended. Council Member Hernandez made a motion, seconded by Council Member Minor, that the proposed Ward Valley low-level radioactive waste dump site be referred to the Legislative Review Committee, and that a resolution similar to the one adopted by the City of Azusa be considered. The motion failed by the following vote: Members Reilly, Hernandez, Minor. Nays: Maudsley, Pope-Ludlam, Miller. Absent: Council Ayes: Council Council Members Member Estrada. Gloria Anderson, League of Women Voters of San Bernardino, CA, distributed a publication entitled "Disposing of Low-Level Radioactive Waste in California" for consideration by the Legislative Review Committee in determining the City's position relative to the proposed Ward Valley low-level radioactive waste dump site. council Member Maudsley changed his vote from nay to aye with the understanding that the intent of the Legislative Review Committee is to adopt a resolution similar to that of the City of Azusa. The motion carried by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor. Nays: Council Members Pope-Ludlam, Miller. Absent: Council Member Estrada. Discussion ensued relative to the interpretation of the Brown Act and the pUblic's right to speak. 14 2/1/93 council Member Hernandez made a motion, seconded by Member Pope-Ludlam, to allow the public time to speak. No vote was taken at this time.) council (Note: Mayor Holcomb stated that a motion to refer is non- debatable and therefore public speaking cannot take place. city Clerk Rachel Clark asked to what meeting date of the Legislative Review Committee would this item be referred to. A meeting date was not determined at this time. council Member Hernandez made a substitute motion, seconded by council Member Miller, that the motion to refer the Ward Valley low-level radioactive waste dump site to the Legislative Review Committee be reconsidered. The motion carried by the following vote: Ayes: Council Members Hernandez, Minor, pope-Ludlam, Miller. Nays: Council Members Reilly, Maudsley. Absent: Council Member Estrada. Mayor Holcomb vetoed the motion Ward Valley low-level radioactive Legislative Review Committee. to reconsider referring the waste dump site to the REFER THE ISSUE OF RAILROAD WHISTLE NOISE TO THE LEGISLATIVE REVIEW COMMITTEE (S-l) ~ In a memorandum dated January 28, 1993, Council Member Ralph Hernandez requested that the issue of railroad whistle noise in the City be referred to the Legislative Review Committee for consideration. Mark Heston, requested that the Committee with the Pasadena be used as 155 Manchester Lane, San Bernardino, CA, item be referred to the Legislative Review understanding that the ordinance from South a blueprint. Council Member Hernandez made a motion, seconded by Council Member Minor, that the issue of railroad whistle noise in the City of San Bernardino be referred to the Legislative Review Committee for consideration. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Minor, Miller. Nays: Council Maudsley, Pope-Ludlam. Absent: Council Member Estrada. Council Members RECESS MEETING At 10:35 a.m., the regular meeting of the Mayor and Common Council recessed to 11:00 a.m. in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. 15 2/1/93 RECONVENE MEETING At 11:03 a.m., the regular meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, City Clerk Rachel Clark. Absent: Council Member Estrada; and city Administrator Shauna Clark. WARD VALLEY LOW-LEVEL RADIOACTIVE WASTE DUMP (Discussed earlier in the meeting) (See page 13) (28) Mayor Holcomb requested that interested parties contact his office regarding this matter so that a public hearing could be scheduled in the evening to allow the public an opportunity to address this issue. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:05 a.m., Chairman Holcomb called the regular meeting of the community Development Commission to order in the Council Chambers of city Hall, 300 North "D" Street, San Bernardino, California. RES. 93-27 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DESIGNATING A SURVEY AREA IN ACCORDANCE WITH THE COMMUNITY REDEVELOPMENT LAW (NORTH END STUDY AREA). (R-7) Council Member Minor made a motion, seconded by Council Member Hernandez, that the Mayor and Common Council rescind Resolution No. 85-175 which established a North End Redevelopment Study Area; and that said resolution be adopted. Resolution No. 93-27 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Estrada. RES. 93-28 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, RATIFYING PRIOR APPOINTMENTS TO THE MAIN STREET ADVISORY BOARD. (R-9) Council Member Minor made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 93-28 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Estrada. 16 2/1/93 RES. 93-29 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AND DIRECTING THE EXECUTION OF A SMALL BUSINESS LOAN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MT. VERNON HARDWARE. (R-l0) Council Member Minor made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 93-29 was adopted by the fOllowing vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Estrada. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At this time, the Mayor and Common council, acting as the Community Development Commission, took action on Community Development Commission items. There was no further action taken on Mayor and Common Council items during this portion of the meeting. RECESS MEETING At 11:58 a.m., the regular meeting of the Community Development Commission recessed to a luncheon workshop in the Management Information Center, MIC Room, sixth Floor, City Hall, 300 North "D" street, San Bernardino, California, to discuss the revitalization strategy for the Arden-Guthrie Focus Neighborhood project. RECONVENE MEETING - LUNCHEON WORKSHOP - ARDEN-GUTHRIE FOCUS NEIGHBORHOOD PROJECT (R-ll) At 12:00 p.m., the Mayor and Common Council reconvened in the Management Information center, MIC Room, sixth Floor, city Hall, 300 North "D" Street, San Bernardino, California, to discuss the Arden-Guthrie Focus Neighborhood project. ROLL CALL Roll Call was taken by Deputy City Clerk Cordova with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, Deputy City Clerk Cordova, City Administrator Shauna Clark. Absent: Council Members Estrada, Maudsley, Minor. Also present were: Fred Wilson, Assistant City Administrator; Tim steinhaus, Agency Administrator, Economic Development Agency; Kenneth J. Henderson, Executi ve Director; John Hoeger, Project Manager, Economic Development Agency/Development Department; Wayne Tully, Principal; Faye Porter, Coordinator, Emmerton School and Joy Reynolds, San Bernardino Unified School District. 17 2/1/93 COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At this time, the Mayor and Common Council, acting as the Community Development Commission, took action on community Development Commission items. There was no further action taken on Mayor and Common Council items during this portion of the meeting. COUNCIL MEMBER MAUDSLEY ARRIVED At 12:15 p.m., Council Member Maudsley arrived at the luncheon workshop. CITY ATTORNEY PENMAN ARRIVED At 12:40 p.m., city Attorney Penman arrived at the luncheon workshop. SENIOR ASSISTANT CITY ATTORNEY MORILLO ARRIVED At 12:45 p.m., Senior Assistant city Attorney Morillo arrived at the luncheon workshop. CITY ADMINISTRATOR CLARK EXCUSED At 1:35 p.m., City Administrator Shauna Clark left the luncheon workshop. COUNCIL MEMBERS POPE-LUDLAM & MILLER EXCUSED At 1:49 p.m., Council Members Pope-Ludlam and Miller left the luncheon workshop. COUNCIL MEMBER MAUDSLEY EXCUSED At 1:51 p.m., Council Member Maudsley left the luncheon workshop. RECESS LUNCHEON WORKSHOP At 1:56 p.m., the luncheon workshop recessed to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 2:18 p.m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council of the city of San Bernardino in the Council Chambers of city Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by Deputy City Clerk Cordova with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Pope-Ludlam, Miller; Deputy City Attorney Empeno, Deputy City Clerk Cordova. Absent: Council Members Estrada, Minor; City Administrator Clark. PUBLIC HEARING - PARADISE HILLS SPECIFIC GENERAL PLAN AMENDMENT NO. 91-07 AGREEMENT NO. 91-03 - 504 SINGLE-FAMILY PLAN 90-03, DEVELOPMENT HOMES ( 2 9 ) 18 2/1/93 This is the time and place set for a public hearing to consider approval of Specific Plan No. 90-03 (Paradise Hills specific Plan), General Plan Amendment No. 91-07 and Development Agreement No. 91-03 for the development of a maximum of 504 single-family homes on 404 acres, a five (5) acre pUblic park and approximately 189 acres of open space. In a memorandum dated December 18, 1992, Al Boughey, Director of Planning and Building Services, stated Specific Plan No. 90-03 is a general policy document that would further refine and implement the General Plan policies applicable to the project area. The specific Plan does this by establishing goals, objectives, policies, and standards which form the framework for the orderly development of the project site. The plan includes provisions, standards and policies for access and circulation, land use and unit density transfer, public safety and public services, parks and open space, landscaping, and community design. General Plan Amendment No. 91-07 would change the present RL, Residential Low land use designation of the 110 acres of the project located outside of the Hillside Management Overlay District (HMOD) to the RS, Residential Suburban land use designation. The Residential Suburban land use designation would permit a smaller minimum lot size (7,200 square feet) and a greater density (4.5 units per acre) than the Residential Low land use designation (10,800 square feet minimum lot size and 3.1 units per acre density). The purpose of the General Plan Amendment is to create a receiving area within the limits of the project site to accept the transfer of residential units from the HR, Hillside Residential areas of the Specific Plan. The benefit of creating such a receiving area is that potentially fewer residential units would be builtin the steeper, more environmentally sensi ti ve hillside areas of the project site. Development Agreement No. 91-03 would help implement the Paradise Hills Specific Plan. The Environmental Impact Report identifies four impacts which remain significant as a result of the Specific Plan implementation which consists of regional air quality, biological resources, area jobs/housing balance (population) and solid waste. The City cannot approve the project given the significant impacts identified by the EIR unless it makes one or more written findings and prepares Statements of Overriding Consideration for each of the significant effects. 19 2/1/93 On November 17, 1992, the Planning Commission found the Environmental Impact Report adequate and recommended certification subject to the condition that additional survey work related to biological impacts be required prior to the approval of development and meet the requirements for compliance with established California Environmental Quality Act and California Department of Fish and Game Guidelines for biological mitigation. The Planning commission recommended that the Mayor and Council certify the EIR subject to the condition that additional biological survey work be completed for the entire site prior to the approval of any phase of development; approve Specific Plan No. 90-03 and General Plan Amendment No. 91-07; and approve Development Agreement No. 91-03 in concept and require the applicant to revise the Development Agreement to make clear that the 504 units are theoretical maximum, and to include the acquisition and construction of Pepper-Linden as previously discussed with the applicant. Discussion ensued regarding Specific Plan 90-03, General Plan Amendment No. 91-07 and Development Agreement No. 91-03. Council Member Maudsley made a motion, seconded by Council Member Hernandez, that the public hearing relative to Paradise Hills Specific Plan 90-03, General Plan Amendment No. 91-07 and Development Agreement No. 91-03 to establish the framework for the development of a maximum of 504 single-family homes on 404 acres, a five (5) acre public park and approximately 189 acres of open space be continued to February 15, 1993, in the Council Chambers of city Hall, 300 North "D" street, San Bernardino, California. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Maudsley, Miller. Nays: Member Pope-Ludlam. Absent: Council Members Estrada and Council Council Minor. RELOCATION OF THE SOCIAL SECURITY BUILDING. earlier in the meeting) (See page 12) (Discussed (25) This is the time and place continued to from earlier in the meeting to consider discussion and possible action relative to the relocation of the social security building. Council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that discussion and possible action relative to the relocation of the social security building be continued to February 15, 1993, in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. 20 2/1/93 ADJOURNMENT (30) At 2:28 p.m., Council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that the meeting be adjourned to Monday, February 15, 1993, at 8:30 a.m., in the Council Chambers of city Hall, 300 North liD" street, San Bernardino, California. RACHEL CLARK City Clerk No. of Items: 45 No. of Hours: 6 21 2/1/93