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HomeMy WebLinkAbout02-15-1993 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING FEBRUARY 15, 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 Tern Maudsley at 8:33 a.m., Monday, February 15, 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; city Attorney Penman, City Clerk Rachel Clark. Absent: Mayor Holcomb; Council Members Estrada, Pope-Ludlam, Miller; City Administrator Shauna Clark. City Attorney Penman announced that the following additional cases would be discussed in closed session: Wren Vs. citv of Rialto. et al - United States District Court Case No. 92-2037 (HLH) Tx; and Brenda Walker vs. citv of San Bernardino - United States District Court Case No. 91-5239 LHM (JRx). RECESS MEETING - CLOSED SESSION (1) At 8: 35 a. m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: 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); 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 1 2/15/93 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 applicant's attorney pursuant section 54956.7; City license and the to Government Code 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; citv of San Bernardino vs. Countv 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); 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; 2 2/15/93 Tomas Armendariz. et al vs. James F. Penman. et al - San Bernardino Trial Court Case No. 271093; Julie M. Thompson vs. united States District (RWRx) ; citv Court of San Bernardino. et Case No. SA CV-92-888 al- GT Yousef Samano et al vs. Daniel Robbins. Shauna Clark. et al - united States District Court Case No. 93-0448 CMB (Sx); villareal vs. citv of San Bernardino Superior Court Case No. 249536; San Bernardino Summerfield vs. Holcomb. et al - United States District Court Case No. SACV 91-731 AHS (RWR); Haqman vs. citv of San Bernardino - San Bernardino Superior Court Case No. 274943. CLOSED SESSION At 8:35 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; city Attorney Penman, City Clerk Rachel Clark. Absent: Mayor Holcomb; Council Members Estrada, Pope-Ludlam, Miller; city Administrator Shauna Clark. Also present: Senior Assistant City Attorney Morillo, and Margaret Scroggin, Administrative Operations Supervisor, city Attorney's Office; and victor Lorch, Director of Risk Management. COUNCIL MEMBER MILLER ARRIVED At 8:36 a.m., Council Member Miller arrived at the closed session. CITY ADMINISTRATOR CLARK At 8:36 a.m., city Administrator Shauna Clark arrived at the closed session. COUNCIL MEMBER ESTRADA ARRIVED At 8:37 a.m., Council Member Estrada arrived at the closed session. COUNCIL MEMBER At 8:39 a.m., closed session. POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the 3 2/15/93 ~ MAYOR HOLCOMB At 8:39 a.m., Mayor Holcomb arrived at the closed session. VICTOR LORCH, DIRECTOR OF RISK MANAGEMENT, EXCUSED At 8:41 a.m., victor Lorch, Director of Risk Management, left the closed session. DEPUTY CITY ATTORNEY RHEMREV ARRIVED At 8:49 a.m., Deputy City Attorney Rhemrev arrived at the closed session. DEPUTY CITY ATTORNEY RHEMREV EXCUSED At 8:58 a.m., Deputy city Attorney Rhemrev left the closed session. WAYNE HARP, ASSISTANT CHIEF OF POLICE, ARRIVED At 9:09 a.m., Wayne Harp, Assistant Chief of Police, arrived. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Vale read the titles of all the resolutions and ordinances on the regular, supplemental, and Community Development agendas while the Council was in closed session. ADJOURN CLOSED SESSION At 9:21 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 Pro Tem Maudsley 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 city Clerk Rachel Clark with the following being present: Mayor Pro Tem Maudsley; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Mayor Holcomb. INVOCATION The invocation was given by Phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Hernandez. 4 2/15/93 ANNOUNCEMENT COUNCIL MEMBER HERNANDEZ REGARDING FIRING OF CITY EMPLOYEES RUMORS (2) Council Member Hernandez stated that there have been rumors recently regarding the potential firing of City employees by mayoral candidates; and assured city employees that their jobs were secure. ANNOUNCEMENT CITY ADMINISTRATOR SHAUNA TRAFFIC PROBLEMS AT HIGHLAND & BOULDER CLARK - (2) City Administrator Shauna Clark stated that there was a recent editorial in The Sun regarding traffic problems at Highland and Boulder Avenues. She stated that the majority of traffic problems at this intersection are due to mountain traffic traveling at high speeds. She explained that the intersection of Highland and Boulder Avenues is under the jurisdiction of the State of California, Department of Transportation (Caltrans). When the new freeway near the intersection is opened, Caltrans will relinquish Highland Avenue to the City of San Bernardino. In the interim, the City has been working with Caltrans so that traffic signals can be installed at the intersection once the intersection falls within the city's jurisdiction. ANNOUNCEMENT - CITY ATTORNEY PENMAN - ABSENTEE VOTING PROCEDURES (2) City Attorney James Penman explained that City absentee voting laws specify that only the voter can request and return the application for absentee voting. ANNOUNCEMENT - CITY CLERK RACHEL CLARK - POLLING PLACE HOURS (2) city Clerk Rachel Clark stated that on election day, March 2, 1993, the polls would be open from 7:00 a.m. to 7:00 p.m. ANNOUNCEMENT - COUNCIL MEMBER ESTRADA - WARD VALLEY NUCLEAR DUMP SITE FORUM (2) Council Member Estrada stated that the Ward Valley nuclear dump site forum was very informative. ANNOUNCEMENT - COUNCIL MEMBER MAUDSLEY - WARD VALLEY NUCLEAR DUMP SITE FORUM (2) Council Member Maudsley explained that the Ward Valley nuclear dump site would be discussed at the Legislative Review Committee (LRC) meeting on February 18, 1993. ~ 5 2/15/93 ,'--" ANNOUNCEMENT - COUNCIL MEMBER POPE-LUDLAM - WARD VALLEY NUCLEAR DUMP SITE FORUM (2) Council Member Pope-Ludlam stated that the Ward Valley nuclear dump site forum was very informative. PUBLIC COMMENTS - ROGER DUMAS (3) Roger Dumas, a resident of San Bernardino, CA, stated that peer pressure could be used to reduce crime in the community. PUBLIC COMMENTS IMAGE JOHN STEVENS POSITIVE CITY (3) John Stevens, 3097 N. pershing Avenue, San Bernardino, CA, stated that there are many positive things about San Bernardino and was opposed to the use of $100,000 of public funds being used to run advertisements in nationwide newspapers and journals advertising these positive elements. PUBLIC COMMENTS - JEFF WRIGHT - WARD VALLEY NUCLEAR DUMP SITE FORUM (3) Jeff Wright, P. O. Box 2341, San Bernardino, CA, stated that the Ward Valley nuclear dump site forum would be replayed on Channel 3 on February 18, 1993, at 8:00 p.m.; and stated that a resolution opposing the development of the dump site will be presented Thursday, February 18, 1993, to the Legislative Review Committee. PUBLIC COMMENTS - BRIAN PLANT (3) Brian Plant, a resident of San Bernardino, CA, expressed concern that the invocation at Council meetings was only being given by members of the Christian clergy. PUBLIC COMMENTS REVITALIZATION CLEM PROCTOR ARDEN/GUTHRIE (3) Clem Proctor, 180 6th street, Norco, CA, urged the City to revitalize the Arden/Guthrie area. PUBLIC COMMENTS - GARY KIRBY - COUNCIL MEETING DECORUM (3) Gary Kirby, 1505 Yardley, San Bernardino, CA, stated that every individual should have the chance to speak at council meetings without being interrupted; and urged all residents who have concerns about City issues to contact their Council Members by phone if they are unable to attend the meeting so that their concerns can be heard. 6 2/15/93 PUBLIC COMMENTS REVITALIZATION CECIL WATTS ARDEN/GUTHRIE (3) Cecil Watts, a resident of San Bernardino, CA, urged the City to support efforts to revitalize the Arden/Guthrie area. SERVICE PIN AWARD CEREMONY (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of each employee receiving service pin awards. Each employee received a service pin from Mayor Pro Tem Maudsley, and Council Member Reilly, in gratitude of his/her many years of dedicated service to the City. APPEAL - FINDINGS & ACTION - CYNTHIA ROBLES - 588 N. WESTERN AVENUE - CONTINUED FROM JANUARY 11, 1993 (28) This is the time and place continued to for an appeal of the Board of Building Commissioners' findings and action of August 7, 1992, relating to the property located at 588 North Western Avenue, San Bernardino, California. In a memorandum dated February 10, 1993, Al Boughey, Director of Planning and Building Services, and Deputy city Attorney Frank Rhemrev, stated that upon review of the files, and after discussions with staff, it was determined that the most equitable resolution was to allow Ms. Robles to pay only the actual costs of the demolition, and to waive the administrative fees. In a letter dated February 3, 1993, Poutous Court, Moreno Valley, California, appeal, with the understanding that the amount would be $5,100, which are the expenses to hire the demolition crew. Cynthia Robles, 12030 agreed to withdraw the negotiated settlement City's out of pocket Council Member Hernandez made a motion, seconded by Council Member Minor, that the appeal of Ms. Cynthia Robles be tabled. (Note: There was no vote taken at this time.) Mayor Pro Tem Maudsley opened the hearing. Council Member Hernandez made a substitute motion, seconded by Council Member Minor, and unanimously carried, that the hearing be closed; and that the appeal of Ms. Cynthia Robles, be tabled. Discussion ensued regarding the appeal. Council Member Hernandez made a substitute motion, seconded .~ by Council Member Pope-Ludlam, that the hearing be closed; and 7 2/15/93 that the withdrawal of Ms. Cynthia Robles' appeal be accepted. (Note: There was no vote taken at this time.) Cynthia Robles, 12030 Poutous Court, Moreno Valley, CA, agreed to withdraw the appeal; however, expressed concern over the manner in which the demolition and appeal had been conducted by the city. Council Member Minor made a substitute motion, seconded by Council Member Reilly, and unanimously carried, that the public hearing be reopened, and that the appeal of Ms. Cynthia Robles be reconsidered. Council Member Member Reilly, and closed; and that the accepted. Minor made a motion, seconded by Council unanimously carried, that the hearing be withdrawal of Ms. Cynthia Robles' appeal be MAYOR HOLCOMB ARRIVED At 10:13 a.m., Mayor Holcomb arrived at the Council meeting and took his place at the council table. WAIVE FURTHER READING OF ALL RESOLUTIONS & ORDINANCES (5) Council Member Minor 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 Member Minor 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: September 8, 1992, and October 5, 1992. ESTABLISH NEW CLASSIFICATION FLEET OPERATIONS COORDINATOR POSITION - GARAGE DIVISION/PUBLIC SERVICES DEPARTMENT (7) In a memorandum dated February 4, 1993, Barbara Dillon, Director of Personnel, stated that at the request of Manuel Moreno, Jr., Director of Public Services, the classification of Fleet Operations Coordinator is being established, in order to provide training, licensing and monitoring of heavy equipment and commercial vehicle operators; and to ensure the compliance with all laws and regulations governing commercial drivers. The salary for Fleet established at Range 2399. position, including 21.37% for Operations Coordinator is being The annual compensation for the variable fringe benefits that rise 8 2/15/93 with salary, is $54,704 per year at step 4. This is $3,000 more annually than is being paid to the Sanitation Route Supervisor currently performing many of the functions of the new position. The proposed job description will be submitted for approval to the civil Service Board at its meeting of February 23, 1993. There is no impact to the General Fund, since the new position would be funded from the Refuse Fund. council Member Member Maudsley, and of Fleet Operations set at Range 2399, Personnel Department section Eleven, and particular action. Minor made a motion, seconded by Council unanimously carried, that the classification Coordinator be established, with the salary $3,245 $3,944 per month; and that the be directed to update Resolution 6413, Resolution No. 6433, to reflect this AUTHORIZE MAYOR TO SIGN PROOF OF LOSS STATEMENT- REIMBURSEMENT FOR DAMAGE TO REFUSE VEHICLE (8) In a memorandum dated February 5, 1993, victor Lorch, Director of Risk Management, stated that in accordance with Council Resolution No. 92-246, it is recommended that the Mayor be authorized to sign the Proof of Loss in the amount of $44,737.66. These monies are reimbursement from the City's Property Insurance Carrier for physical damage to a City'S refuse truck. The city has a $25,000 collision deductible on certain high value vehicles. The subrogation receipt allows the Insurance Carrier to proceed against the party responsible for damages to our vehicle. If they are successful in their collection, the city could recoup its deductible, at no expense to the City. Council Member Minor made a motion, seconded by Council Member Maudsley, and unanimously carried, that the Mayor be authorized to sign the Sworn Statement in Proof of Loss relative to reimbursement for physical damage to a City refuse vehicle. CHANGE ORDER NO. TWO - LITTLE LEAGUE DRIVE & CABLE CREEK CHANNEL - ADDITIONAL ROCK SLOPE PROTECTION - $8,558.55 - CONTRACT INCREASE - BOB BRITTON, INC. (9) In a memorandum dated February 4, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans direct the Contractor to grade the bottom of the Cable Creek Flood Control Channel, downstream of the box culvert being constructed at Little League Drive, in order for the channel flowline to meet the invert elevation of the new box culvert. The plans were prepared in accordance with the San Bernardino County Flood Control District's requirements. During the unusually heavy rain storms in January, the channel bottom eroded below the rail and wire revetments along 9 2/15/93 both sides of the flood control channel. The District's Inspector directed that 1/4 ton grouted rock slope protection be installed from the box culvert to a point 340 feet downstream, in order to prevent further damage from future storm flows. The quantity of rock slope protection is estimated to be 182 tons. council Member Minor made a motion, seconded by council Member Maudsley, and unanimously carried, that contract Change Order No. Two to the contract with Bob Britton, Inc., for construction of a box culvert and channel improvements at Little League Drive and Cable Creek Channel, in accordance with Plan No. 8442, be approved; to authorize the contractor to provide additional rock slope protection along existing rail and wire revetment, at an increase in the contract price of $8,558.55; from $269,134.15 to $277,692.70. INSTALL STORM DRAIN - MILL STREET, FROM AVENUE TO RANCHO AVENUE APPROVAL AUTHORIZATION TO ADVERTISE FOR BIDS PENNSYLVANIA OF PLANS & (11) In a memorandum dated February 3, 1993, Roger Hardgrave, Director of Public Works/city Engineer, stated that plans for the installation of a storm drain in Mill Street, from Pennsylvania Avenue to Rancho Avenue, have been prepared and the project is ready to be advertised for bids. The project consists of installing the master plan storm drain and removing the dip along the west side of Rancho Avenue. The total estimated project cost is $249,000. Council Member Minor made a motion, seconded by Council Member Maudsley, and unanimously carried, that the plans for installation of a storm drain in Mill Street, from Pennsylvania Avenue to Rancho Avenue, in accordance with Plan No. 8820, be approved; and the Director of Public Works/city Engineer be authorized to advertise for bids. CLAIMS AND PAYROLL (13) Council Member Minor 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 February 9, 1993, from the Director of Finance, be approved. JOINT POWERS FINANCING AUTHORITY - REGULAR MEETING (15) Council Member Minor made a motion, seconded by Council Member Maudsley, and unanimously carried, that the regular meeting of the Joint Powers Financing Authority be adjourned to March 22, 1993. 10 2/15/93 RES. 93-30 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 74 OF LOCAL AGENCY FEDERAL- AID PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO INTERCONNECTING TRAFFIC SIGNALS ON MT. VERNON AVENUE, FROM RIALTO AVENUE TO BASE LINE STREET. (20) RES. 93-31 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 75 OF LOCAL AGENCY FEDERAL- AID PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO INTERCONNECTING TRAFFIC SIGNALS ON MILL STREET, FROM MT. VERNON AVENUE TO "G" STREET. (21) RES. 93-32 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 76 OF LOCAL AGENCY FEDERAL- AID PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO INTERCONNECTING TRAFFIC SIGNALS ON HIGHLAND AVENUE, FROM VALENCIA AVENUE TO GOLDEN AVENUE. (22) RES. 93-33 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN EASEMENT ACROSS CERTAIN REAL PROPERTY ON THE NORTH SIDE OF GLENDENNING WAY, EAST OF VALENCIA AVENUE. (Discussed later in the meeting) (See page 42) (23) RES. 93-34 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF REVISION NO. 1 TO THE FREEWAY MAINTENANCE AGREEMENT, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO THE MAINTENANCE OF WATERMAN AVENUE AND HUNTS LANE AT ROUTE 1-10 FREEWAY. (24) RES. 93-35 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL TO THE CITY OF SAN BERNARDINO, ACCEPTING A CORPORATION GRANT DEED FROM THE SOUTH SAN BERNARDINO COUNTY WATER DISTRICT, A CALIFORNIA SPECIAL DISTRICT THAT MERGED WITH THE CITY OF SAN BERNARDINO WATER DEPARTMENT IN AUGUST, 1991, FOR PROPERTY LOCATED IN THE CITY OF SAN BERNARDINO. (26) Council Member Minor made a motion, seconded by Council Member Maudsley, that said resolutions be adopted. 11 2/15/93 Resolution Nos. 93-30, 93-31, 93-32, 93-33, 93-34, and 93-35 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. CHANGE ORDER NO. TWO - ASSESSMENT DISTRICT NO. 990- HIGHLAND & STERLING - EXPANSION OF BOUNDARIES - ADD ZONE II & FURNISH ADDITIONAL SECURITY OFFICER - $15,600 - CONTRACT INCREASE SKYLINE AERO SECURITY- DISCUSSED LATER IN THE MEETING - SEE PAGE 42 (10) In a memorandum dated February 2, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that Resolution No. 92-472 expanded Assessment District No. 990 to include the area bounded by 19th Street, Sunrise Street, Sterling Avenue and McKinley Street, which was designated as Zone II. Change Order No. Two would incorporate Zone II of Assessment District No. 990 into the present contract with Skyline Aero Security. All costs incurred for providing these security services would be recovered through assessments on the parcels. It was the consensus of the Council that Change Order No. Two to the contract with Skyline Aero Security, for providing security patrols to Assessment District No. 990, in the Highland Avenue and Arden Avenue area, be continued to later in the meeting so that a resolution could be prepared to expand the boundaries of the contract service area to include Zone II, of Assessment District No. 990, and to authorize the contractor to furnish an additional security officer. (Note: There was no vote taken at this time.) OUT-OF-STATE INFORMATION COMMUNICATIONS APRIL 1, 1993 TRAVEL LARRY MARTIN MANAGEMENT SYSTEMS HIGH FREQUENCY RADIO TRAINING - FAIRFAX, VA - MARCH 29 TO (12) In a memorandum dated February 3, 1993, Janis Ingels, Director of Management Information Systems (MIS), stated that the City has recently purchased mobile data terminals (MDT's) for its Police vehicles. FCC regulations have been established that may require the City to upgrade its communications system via an 800 Mhz trunked system in the future. Larry Martin is currently responsible for all computer related communications in the city; and has been designated as a technical resource in the MDT project. Principles and Applications of High Frequency Radio Communications is a comprehensive, highly technical class to be held in Fairfax, Virginia, March 29 through April 1, 1993. It is offered at the Professional Development Center for the Armed Forces communications and Electronics Association Educational 12 2/15/93 Foundation. The course gives emphasis to high frequency radio communication principles in support of law enforcement agencies. Mr. Martin is expected to receive training at this class that would be of great value in the support of the City's Public Safety Communications environment. Larry Martin has agreed to supplement city funds with personal funds resulting in a savings to the City of $882. Council Member Estrada made a motion, seconded by Council Member Hernandez, and unanimously carried, that out-of-state travel to Fairfax, Virginia on March 29 through April 1, 1993 for Larry Martin, MIS Department, to attend High Frequency Radio communications training, be approved. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 10:21 a.m., Council Member Pope-Ludlam left the Council meeting. PERSONNEL ACTIONS (14) Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated February 4, 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. COUNCIL MEMBER POPE-LUDLAM RETURNED At 10:23 a.m., Council Member Pope-Ludlam returned to the council meeting and took her place at the council table. RES. 93-36 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH THE COUNTY OF SAN BERNARDINO ENVIRONMENTAL HEALTH SERVICES RELATING TO THE REIMBURSEMENT OF TIPPING FEES FOR THE CITY OF SAN BERNARDINO FOR FY 1992/93 THROUGH 1996/97. (16) Jeff Wright, P.O. Box 2341, San Bernardino, CA, expressed concern that this resolution means that the city would not be recycling until 1997. Manuel Moreno, Jr., Director of Public Services, stated that this fee was established by the County, and charged as part of the tipping fees, to fund a vehicle abatement program in the County. He explained that since the City has its own vehicle abatement program the County reimburses the City for these charges. Council Member Minor made a motion, seconded by Council Member Hernandez, that said resolution be adopted. 13 2/15/93 Resolution No. 93-36 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 93-37 - 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. (17) Council Member Estrada made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 93-37 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 93-38 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN EMCON ASSOCIATES AND THE PUBLIC SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO. (18) Manuel Moreno, Jr., Director of Public Services, answered questions regarding the agreement. He explained that the agreement would evaluate the suitability of prospective sites to serve as the location of a solid waste transfer station/material recovery facility (MRF), which would be established to comply with AB 939 requirements. Council Member Minor made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 93-38 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 93-39 - 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 ABATEMENT. (WEED ABATEMENT) (19) Council Member Miller made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 93-39 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, pope-Ludlam, Miller. Nays: None. Absent: None. COUNCIL MEMBER MILLER EXCUSED At 10:35 a.m., Council Member Miller left the Council meeting. 14 2/15/93 RES. 93-40 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO US ARMOR FOR THE FURNISHING AND DELIVERY OF BULLET PROOF VESTS (BODY ARMOR), TO BE UTILIZED BY THE POLICE DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-93-09. (25) council Member Hernandez made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 93-40 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam. Nays: None. Absent: Council Member Miller. ORD. MC-861 - 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. Final (27) Council Member Hernandez made a motion, seconded by Council Member Estrada, that said ordinance be adopted. Ordinance No. MC-861 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam. Nays: None. Absent: Council Member Miller. COUNCIL MEMBER MINOR EXCUSED At 10:38 a.m., Council Member Minor left the Council meeting. APPEAL - WEED & DEBRIS ABATEMENT - CLARK HAHNE - MT. VERNON AVENUE, BETWEEN 15TH & EVANS STREETS (29) This Building abatement and Evans is the time and place set for an appeal of Commissioners' decision regarding weed on property located off Mt. Vernon Avenue, Streets. the Board of and debris between 15th In a memorandum dated January 12, 1993, Manuel Moreno, Jr., Director of Public Services, stated that on August 24, 1992, a Notice to Clean Premises was mailed to Mr. Clark Hahne, regarding property located off Mt. Vernon Avenue, between 15th and Evans Streets. Subsequently, a telephone call was received from an employee of Mr. Hahne asking how they can stop dumping on the property, and staff advised them to have the property abated, and then place a berm so there would not be easy access to the property. The Notice to Clean Premises stated that Mr. Hahne's property required cleaning of weeds and debris, and that if the property was not abated, City crews would clean the property and he would be billed for labor, equipment and county tipping fees. 15 2/15/93 The property was inspected on September 5, 1992, and found not to have been cleaned. Several complaints had been received from surrounding property owners stating that rodents were entering their property due to the trash and debris. City crews were sent to abate the property on September 14, 1992; however, they were pulled off the job to assist with paving and returned to complete the abatement on September 23, 1992. The total charges for the abatement are $3,541.76. The Board of Building Commissioners' upheld the charges, and ordered that a lien be placed on the property if the assessment was not paid. Mr. Hahne has stated that the most he would normally pay a contractor to clean the property would be $700. Mr. Hahne's property had significant debris on it, and the total County dump fees were $2,584.74. 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. (29) Mayor Holcomb opened the hearing. In a letter dated February 15, 1992, transmitted to the Mayor's Off ice via facsimile transmission, Mr. Hahne requested that the matter be continued two weeks to the next council meeting as he would not be able to attend the council meeting. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the appeal of Mr. Clark H. Hahne relative to the assessment made by the Board of Building Commissioners with regard to the abatement of weeds and debris from property located off Mt. Vernon Avenue, between 15th and Evans Streets (Parcel No. 0143 102 23), be continued to March 8, 1993, in the Council Chambers of city Hall, 300 North "D" Street, San Bernardino, California. AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING SAN BERNARDINO MUNICIPAL CODE SECTION 2.56.140.B RELATING TO THE CONFIDENTIALITY OF THE ROSTER OF ABSENTEE VOTERS AND ABSENT BALLOT APPLICATIONS. (Motion A) First (30) AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING SAN BERNARDINO MUNICIPAL CODE SECTION 2.56.140.B RELATING TO THE CONFIDENTIALITY OF THE ROSTER OF ABSENTEE VOTERS AND ABSENT BALLOT APPLICATIONS, AND DECLARING THE URGENCY THEREOF. (Motion B) Urqencv (30) Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that said urgency ordinance repealing San 16 2/15/93 Bernardino Municipal Code section 2.56.140.B relating to the confidentiality of the roster of absentee voters and absent ballot applications, be adopted. (Motion B) (Note: There was no vote taken at this time.) COUNCIL MEMBERS MINOR & MILLER RETURNED At 10:40 a.m., Council Members Minor and Miller returned to the Council meeting and took their seats at the council table. Council Member Pope-Ludlam made a substitute seconded by Council Member Hernandez, and unanimously that further reading of said ordinance be waived; and ordinance be laid over for final adoption. (Motion A) motion, carried, that said A discussion was held regarding additional requirements the City imposes relative to absentee voting in addition to state election law. It was the consensus of the Council that the city Attorney be directed to prepare an ordinance to make the City of San Bernardino's Municipal Code conform to State and Federal election law; and that said ordinance be presented at the March 8, 1993, council meeting. SOCIAL SECURITY BUILDING RELOCATION - COUNCIL MEMBER HERNANDEZ - CONTINUED FROM FEBRUARY 1, 1993 (31) This is the time and place continued to for consideration of a request from Council Member Hernandez to discuss and take possible action regarding the possible relocation of the Social Security Building. Mayor Holcomb explained that it was important to the overall viability of the downtown area that the Social Security Administration Offices, and the County of San Bernardino Department of social Services Offices (DPSS) stay in the downtown area. The problem for both these agencies is a lack of adequate parking available in the downtown area. He felt that the City should strive to ensure that there is adequate parking in the downtown area for these two agencies, as well as other local businesses, and suggested that the Council discuss acquiring property for this purpose. The Council also expressed concern over the potential relocation of the County Courts from the downtown area. Mayor Holcomb explained that staff a solution to the downtown parking presented at a later council meeting. action taken on this item.) was currently working problem which would (Note: There was on be no 17 2/15/93 ESTABLISH ASSESSMENT DISTRICT STERLING AVENUE, FROM FOOTHILL DRIVE ROAD - CONTINUED FROM JANUARY 11, 1993 CONSTRUCTION OF TO DALEY CANYON (32) This is the establishing an Sterling Avenue, time and place continued to for consideration of Assessment District for the construction of from Foothill Drive to Daley Canyon Road. Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that consideration of establishing an assessment district for the construction of Sterling Avenue, from Foothill Drive to Daley Canyon Road, be continued to March 22, 1993, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. IMPOSING LIEN ON PROPERTY UNCOLLECTED REGISTRATION FEES - JOHN H. BUCKNER - 805 STREET - CONTINUED FROM JANUARY 11, 1993 BUSINESS NORTH "D" (33) This is the time and place continued to for consideration of the imposition of a lien on property located at 805 North "D" street, San Bernardino, owned by John H. Buckner, for uncollected business registration fees. In a memorandum dated February 11, 1993, Rachel Clark, City Clerk, stated that on December 21, 1992, a public hearing was held concerning imposing liens on property for uncollected business registration fees. The Mayor and Council closed the hearing, adopted the resolution imposing liens and at the request of Mr. Buckner, voted to continue his item to January 11, 1993. On December 22, 1992, City Clerk Clark sent a letter to Mr. Buckner notifying him that his request for a continuance of the matter was approved. He was requested to call the city Clerk's Office to discuss and perhaps settle the matter prior to the January 11, 1993, meeting. Mr. Buckner never responded to the letter. On January 11, 1993, Mr. Buckner appeared at the Council meeting and indicated that he needed more time to resolve the matter. The item was continued to February 15, 1993 and the Mayor and Council directed that Mr. Buckner meet with city Clerk Clark so that the matter could be handled administratively. On January 20, 1993, staff met with Mr. Buckner in an attempt to resolve the matter. Mr. Buckner insisted that all business registration fees for the properties had been paid and he asked for time to produce evidence showing payment. Staff agreed to give Mr. Buckner until 4:30 p.m., on Wednesday, January 27, 1993, to produce such evidence. Mr. Buckner was advised that if such evidence was not provided by January 27, 1993, staff would proceed with the lien process. Mr. Buckner did not produce proof of payment and a lien was processed on the property. On February 5, 1993, a letter was received from Mr. Buckner 18 2/15/93 requesting a continuance of the matter to March 1, 1993. In a letter dated February 2, 1993, John Buckner, requested that the matter be continued to the first meeting in March, 1993, as he would be unable to attend the February 15, 1993 council meeting. council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the Mayor and Common Council deny Mr. John Buckner's request for a continuance to March 8, 1993, of the matter concerning a lien on property at 805 North "D" street, San Bernardino; and that the Mayor and Common Council ratify action taken to impose a lien on property located at 805 North "D" street, San Bernardino, California. MID-YEAR BUDGET REPORT (34) In a memorandum dated February 11, 1993, Fred Wilson, Assistant City Administrator, stated that the mid-year financial report is designed to keep the Mayor and Council apprised of the financial position of the city. Each year in February the city reviews revenues and expenditures, and prepares an updated projection on the General Fund for the Mayor and Council. This report provides the City with an opportunity to take action, if necessary, before the end of the fiscal year, and it gives the City an early indication of the upcoming fiscal year in terms of the budget outlook. FISCAL YEAR 1992/93 BUDGET The Fiscal Year 1992/93 budget is $107,097,000 eXCluding the Economic Development Agency. Of this amount, $70,371,907 is appropriated for the General Fund, and the balance of $36,720,000 is appropriated for expenditures in capital improvements, enterprise, debt service, special revenue funds, and assessment districts. The approved General Fund budget for FY 1992/93 is 0.5% less than the FY 1991/92 budget. The primary reason for the reduction in the budget is due to SB 844 which shifted $1,019,000 in property tax revenues from the City to schools, lower sales tax projections, lower development revenues, and a $710,000 bill from the County for prisoner jail booking fees. The FY 1992/93 budget was balanced, with these lower revenue projections, based primarily on the following factors: First, 73 full time positions, which represent approximately 6% of the city's work force, have been eliminated. Second, all City departments were required to reduce their operating budgets by 8%, which is the third time the City has reduced staffing and services since FY 1990/91. 19 2/15/93 FY 1992/93 Beqinninq Fund Balance The FY 1992/93 beginning General Fund balance was $8,232,000. This figure included the Public Employees Retirement System (PERS) refund of $2.8 million, and General Fund continuing appropriations and encumbrance carry overs of $2,589.00. The undesignated fund balance as of July 1, 1992, was $5,643,000. As part of the mid-year budget revenue process, a revised revenue and expenditure projection was developed which more accurately forecasts the ending fund balance. Based on the revised revenue forecasts, there is a net increase in revenue over budget in the amount of $780,584. The mid-year expenditure changes give a revised estimated expenditure total of $72,753,346. The net impact on the ending fund balance of these changes in revenues and expenditures is an increase of $988,560. The projected ending fund balance is $4,486,177. "- FY 1992/93 General Fund Revenues There are two revenue categories that account for the increase in the city's revenue categories. The first revenue category which shows an increase is Taxes, which is due to the Service Users Tax (utility Tax) revenue projected at $1,880,000 over budget. This increase is the result of two actions taken by the City. First, the utility Tax rate was increased by one-half percent which did not fully take effect until FY 1992/93. Second, the scope of the utility Tax was increased to include interstate and cellular phone calls. The second revenue category which shows an increase is Fines and Penalties. This category is projected over budget because of the General Fines revenue. This revenue was increased because the City settled a lawsuit with the County, dealing with traffic tickets, which netted the City $300,000 in new revenues. Vehicle abatement revenues are also projected to be slightly over budget. The two revenue category increases discussed above have been partially offset by revenue decreases in all the other revenue categories. The majority of these decreases are economy driven. Sales tax is projected $300,000 below budget, and Business Registration is projected $190,000 below budget. Both of these revenues reflect a slow economy with many businesses closing. Also down, due to the slow economy are all the Licenses and Permit revenues, as well as the charges and services. These revenues are down even with the increases in rates that the city approved as part of the budget process for FY 1992/93. Two revenues, interest earnings and EDA reimbursements, are also projected under budget but not because of economic reasons. The General Fund cash has been lower than what was originally anticipated thus producing less interest earnings. At this time, it is not anticipated that the City would spend and get reimbursed for all the CMO monies available from the Economic 20 2/15/93 Development Agency (EDA) in the 1992/93 fiscal year. However, what is not expended by the City and reimbursed by EDA in FY 1992/93 would be done in 1993/94. FY 1992/93 revenue figures assume EDA would pay the city $2,300,000 for the Police Building. If this sale price is renegotiated downward, there would be an unfavorable effect on the FY 1992/93 ending fund balance. FY 1992/93 General Fund Expenditures The total General Fund budgeted expenditures for FY 1992/93, after adding additional appropriations for compensation increases, continuing appropriations and encumbrance carry overs is $72,753,346. The actual mid-year expenditures which include encumbrances, are $37,028,936, or 51% of budget. As part of the mid-year process, each department was requested to review their expenditures through December 31, 1992 and provide a projection through the balance of the fiscal year relative to overall expenditures. This detailed analysis by department is available in Finance. In each case, the Departments provided an overview of personnel expenditures, materials, services and supplies, and capital outlay expenditures. The following departments anticipate to exceed their FY 1992/93 beginning budget: City Attorney Office, Fire Department, Garage, and the Workers Compensation fund. FISCAL YEAR 1993/94 BUDGET state Budqet Impacts The Governor's budget proposes eliminating the Post-Prop 13 bailout of local agencies. This would be accomplished by shifting $2.595 billion in property tax revenue from counties, cities, special districts and redevelopment agencies to school districts. This shift has four major components: 1) $2.075 billion from cities, counties and special districts; 2) $70 million from counties as one-time adjustment; 3) $150 million from special districts; and 4) $300 million from redevelopment agencies. The League of California cities has estimated that the impact of this property tax shift on San Bernardino for FY 1992/93 would be approximately a $1,900,000 reduction. citv Budqet It is difficult to forecast the City'S fiscal position for FY 1993/94 due to the inability to predict local economic conditions. A preliminary General Fund balance report for FY 1993/94 has been prepared which projects a nominal two percent growth in revenues over the FY 1992/93 revised estimates. It assumes the loss of $1,900,000 as a result of the AB 8 property tax shift noted above, and the loss of $2,300,000 in revenues from the sale of the old police building. The net impact on 21 2/15/93 revenues would be a five percent reduction (or approximately $2,717,900) over the revised FY 1992/93 revenue estimate. To compensate for the projected revenues, proposed expenditures reflect a 5% reduction in all department budgets over the revised FY 1992/93 budget. Although Charter section 186 costs cannot be estimated at this time, a figure of $900,000 will be set aside to pay for pOlice and fire salary increases. This figure is based on the cost which was incurred in FY 1992/93. In addition, $400,000 will be reserved to pay for the first year of the City's 800 MHz radio system. Departments will be requested to submit a budget which will be based on the revised budget for FY 1992/93; and to submit budget cuts which total five percent of their budgets. This information will be coupled with other alternatives which will be developed and will be presented to the Mayor and Council for consideration. It is expected that budget deliberations by the Mayor and Council will be scheduled for May 1993. Council Member Miller made a motion, Member Minor, and unanimously carried, that report be received and filed. seconded by Council the mid-year budget "-~ ADJUST DAMAGE BOND & CLEAN-UP DEPOSITS - USE OF CITY FACILITIES - PARKS, RECREATION & COMMUNITY SERVICES (35) In a memorandum dated February 1, 1993, Fred Wilson, Assistant City Administrator, stated that at a recent celebration held at Seccombe Lake Park, the facility suffered damage to landscaping, and the irrigation system; and crews had to remove litter, and make miscellaneous repairs. The sponsor had posted a damage bond of $1,000 and a clean up deposit of $500, but the total cost for all repairs and clean up was more than $2,000. In addition, policing the event required 132 hours of officers' time totaling approximately $9,700 over the amount the sponsor agreed to pay for security. Currently, Parks, Recreation and Community Services requires that users obtain a permit, and will not approve the permit until all deposits and fees are paid. Often the bond and Clean-up deposits are insufficient insurance against damages. For large events, or those that generate a high level of activity, the department coordinates with the Police Department to ensure security concerns are addressed. These procedures require staff time, and when these costs are combined with repair and clean-up costs that cannot be recovered from a sponsor, the amount the City must pay can be very high. As a result of these circumstances, it is recommended that the bond and deposit be adjusted based on the number of people 22 2/15/93 attending the event; and that for organizations receiving special funding from the City, that 50% of that funding be withheld until after the event so that damage costs exceeding the bond and deposit amounts may be covered without impacting the City's budget. This policy change would protect the city from incurring repair and clean-up costs associated with events held by outside organizations at City facilities, particularly for events where alcohol would be served. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that consideration of adjusting the amount of damage bond and clean-up fee deposit required in the application permit process for facilities utilized by the Parks, Recreation and Community services Department be adjusted based upon event attendance; and that in the case of community organi2:ations receiving civic and promotional funding 50% of such funding be withheld until after completion of the event so that damage costs exceeding bond and deposit amounts may be recovered from such funds, be referred to the Ways and Means Committee for review. BUSINESS REGISTRATION SURTAX ON SPRAY PAINT - COUNCIL MEMBER MINOR (36) In a memorandum dated February Minor, requested that a discussion be taken regarding a business registration 5, 1993, Council Member held and possible action surtax on spray paint. Council Member Minor explained that there is a bill pending in the legislature in Sacramento to impose a state wide $10 to $15 per can surtax on spray paint. However, until some type of state wide program can be implemented it is recommended that the City impose a surcharge to fund graffiti abatement. Mayor Holcomb proposed that the spray paint industry be taxed to pay for the damage being inflicted on the public by its products. He urged the Council to support a city surcharge on business registration certificates (licenses) to fund graffiti abatement efforts. He stated that currently the city pays approximately $300,000 out of the General Fund for graffiti abatement. City Attorney Penman explained that the Revenue and Taxation Code section 7287 includes a provision that went into effect in 1991, which stipulates that a city may levy a tax by ordinance on the privilege of retailers selling within its jurisdiction SUbject to a two/thirds vote of the voters. The law limits the tax that can be charged to no more than $.10 per aerosol paint container, or container of other marking substance; and no more than $.05 per felt tip marker or other marking instrument. ,- The Council expressed concern that imposing a surcharge 23 2/15/93 (tax) on the sale of spray paint and marker pens would have a negative impact on both large and small businesses in the communi ty; and that the only way to have a posi ti ve impact on reducing graffiti would be to have a comprehensive county wide ordinance. A discussion ensued regarding the positive impact of a City surcharge (tax) on spray paint markers, and what other options are available graffiti in the community. and and to negative felt tip eliminate Gary Kirby, 1505 Yardley, opposition to a surcharge (tax) felt tip markers in the city. San Bernardino, CA, spoke in on the sale of spray paint and council Member Minor made a motion, seconded by Council Member Reilly, to instruct the City Attorney to prepare a business registration certificate surcharge on the sale of spray paint. (Note: There was no vote taken at this time.) Discussion ensued regarding the need for a comprehensive county-wide graffiti abatement program. Jeff Wright, P.O. Box 2341, San Bernardino, CA, stated his opposition to a surcharge (tax) on the sale of spray paint and felt tip markers in the city. council Member Maudsley made a substitute motion, seconded by Council Member Hernandez, and unanimously carried, that the City Attorney be directed to draft a model ordinance; and that Mayor Holcomb take the model ordinance to SAN BAG to see if there is county-wide support for a spray paint surcharge (tax). LIMIT ACCESS TO SPRAY PAINT COUNCIL MEMBER MINOR SOLD TO THE PUBLIC- (37) In a memorandum dated February 5, 1993, Council Member Minor, requested that a discussion be held and possible action taken regarding limiting access to spray paint sold to the public. Mayor Holcomb urged the Council to support imposing a requirement that businesses limit access to spray paint and felt tip markers sold to the public in an effort to reduce their theft and the ongoing problems caused by graffiti. Council Member Minor made a motion, seconded by Council Member Miller, that the City Attorney be directed to prepare an ordinance that would limit access to spray paint sold to the pUblic. (Note: The vote was taken later after the discussion.) The Council expressed concern that imposing a requirement to 24 2/15/93 limit access to spray paint and felt tip markers sold to the public would have a negative impact on both large and small businesses in the community; and that the only way to have a positive impact on reducing graffiti would be to have a comprehensive county-wide ordinance. A discussion ensued regarding the positive and negative impact of a City requirement to limit access to spray paint and felt tip markers sold to the public, and what other options are available to eliminate graffiti in the community. Gary Kirby, 1505 Yardley, San Bernardino, opposition to limiting access to the sale of spray tip markers sold to the public in the city. CA, spoke in paint and felt The motion carried by the following Members Estrada, Reilly, Minor, Miller. Hernandez, Maudsley, Pope-Ludlam. Absent: vote: Nays: None. Ayes: Council council Members RECESS MEETING At 11:29 a.m., Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, to declare a five-minute recess. ~ RECONVENE MEETING At 11:38 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 Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam; City Attorney Penman, City Clerk Rachel Clark. Absent: Council Member Miller; city Administrator Shauna Clark. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:38 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. INSTALL SEWER HARDT, GOULD & DAVIDSON COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS STREETS- (R-8) In a memorandum dated January 29, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for the installation of sewer in Hardt, Gould and Davidson Streets, east of Tippecanoe Avenue, have been prepared and the project is ready to be advertised for bids. The total estimated project cost is $448,000. 25 2/15/93 council Member Reilly made a motion, seconded by Council Member Estrada, and unanimously carried, that the plans for installation of sewer in Hardt, Gould and Davidson streets, east of Tippecanoe Avenue, in accordance with Plan No. 8775, be approved; and that the Director of Public Works/city Engineer be authorized to advertise for bids. RES. 93-41 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO GRGO & GORDON GRBAVAC CONSTRUCTION COMPANY, INC., FOR INSTALLATION OF SEWER MAINS BETWEEN CALIFORNIA STREET AND STATE STREET, AND IN ilK" STREET. (R-9) Council Member Reilly made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 93-41 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam. Nays: None. Absent: Council Member Miller. SWIMMING POOLS AT VARIOUS FACILITIES - ADVERTISE FOR BIDS - COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (R-10) In a memorandum dated February 10, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for improvements to the swimming pools at the Boys and Girls Club, Ruben Campos, Mill Community, Delmann Heights & Rudy Hernandez Centers have been prepared and the project is ready to be advertised for bids. The project consists of replastering, replacing filtration systems, installing security fences and replacing gas chlorination systems with liquid systems. The total estimated project cost is $212,350. Council Member Reilly made a motion, seconded by Council Member Estrada, and unanimously carried, that the plans for improvements to swimming pools at various locations, in accordance with Plan No. 8891, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. GENERAL IMPROVEMENTS AT VARIOUS FACILITIES - ADVERTISE FOR BIDS COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (R-ll) In a memorandum dated February 10, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for general improvements at Delmann Heights, Rudy Hernandez, Mill Community and Johnson Community Centers have been prepared and the project is ready to be advertised for bids. The project consists of upgrading kitchens, remodeling, installing carpet, replacing gym floors, and renovating rest rooms and locker rooms. 26 2/15/93 The total estimated project cost is $808,615. council Member Reilly made a motion, seconded by Council Member Estrada, and unanimously carried, that the plans for general improvements to the Delmann Heights Center and Rudy Hernandez Center, in accordance with Plan No. 8890, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. LIGHTING FOR VARIOUS FACILITIES - ADVERTISE FOR BIDS- COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (R-12) In a memorandum dated February 10, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for installation of lighting improvements at Ruben Campos, Johnson Community, Mill Community, Lytle Creek and Nicholson Community Centers, have been prepared and the project is ready to be advertised for bids. The project consists of installing lighting for athletic courts, and security and parking lot lighting. The total estimated project cost is $147,875. Council Member Reilly made a motion, seconded by Council Member Estrada, and unanimously carried, that the plans for installation of lighting improvements for various facilities, in accordance with Plan No. 8892, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. GENERAL IMPROVEMENTS AT VARIOUS FACILITIES - ADVERTISE FOR BIDS - COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (R-13) In a memorandum dated February 10, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for general improvements to the Boys and Girls Club, Ruben Campos, Lytle Creek, Nicholson, and Senior citizens Centers have been prepared and the project is ready to be advertised for bids. The project consists of remodeling rest rooms, upgrading lighting, installing new doors and hardware, renovating and painting, installing pool fences, and new gym floors. The total estimated project cost is $621,950. Council Member Reilly made a motion, seconded by Council Member Estrada, and unanimously carried, that the plans for general improvements to the Boys and Girls Club, Ruben Campos, Lytle Creek Community, Nicholson, and Senior citizens Centers, in accordance with Plan No. 8889, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. COUNCIL MEMBER MILLER RETURNED At 11:40 a.m., Council Member Miller returned to the Council 27 2/15/93 meeting and took her place at the council table. CITY ATTORNEY PENMAN EXCUSED At 11:41 a.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant city Attorney Barlow. COMMUNITY DEVELOPMENT COMMISSION 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 - CLOSED SESSION (1) At 11:57 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: a. to confer with the attorney regarding pending litigation pursuant to Government Code section 54956.9{b) (I), as there is significant exposure to litigation; 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 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: ; 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). CLOSED SESSION At 11: 57 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 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. 28 2/15/93 COUNCIL MEMBER ESTRADA EXCUSED At 12:15 p.m., Council Member Estrada left the closed session. ADJOURN CLOSED SESSION At 12:21 p.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the city of San Bernardino, California. RECONVENE MEETING At 12:21 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 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; city Administrator Shauna Clark. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 12:21 p.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. ANNOUNCEMENT - MAYOR HOLCOMB - PROPERTY ACQUISITION (2) Mayor Holcomb announced that the Mayor and Council, in Closed Session, authorized, in principle, the acquisition of property located at 4th and "E" Streets. COMMUNITY DEVELOPMENT COMMISSION 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 12:32 p.m., the meeting was recessed until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2: 02 p.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. 29 2/15/93 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; Deputy City Attorney Empeno, City Clerk Rachel Clark. Absent: Council Member Estrada; City Administrator Shauna Clark. PUBLIC HEARING - PARADISE HILLS SPECIFIC PLAN NO. 90-03 - GENERAL PLAN AMENDMENT NO. 91-07 DEVELOPMENT AGREEMENT NO. 91-03 - 504 SINGLE-FAMILY HOMES - 404 ACRES - CONTINUED FROM FEBRUARY 1, 1993 - DISCUSSED LATER IN THE MEETING - SEE PAGE 34 (41) This is the time and place continued to for a public hearing to consider Paradise Hills Specific Plan No. 90-03, General Plan Amendment No. 91-07, and Development Agreement No. 91-03 for the development of 404 acres located northeast of California State University San Bernardino, at the mouth of Badger Canyon. In a memorandum dated February 8, 1993, Al Boughey, Director of Planning and Building Services, stated that all public comments were addressed and included in the Planning commission staff reports, with the exception of one. Ms. Leona Klippstein, President of the Friends of the Foothills, commented on the Final EIR in a letter dated July 15, 1992. Ms. Klippstein's letter and the City responses to her letter were inadvertently left out of the previous Planning Commission staff reports. Both Ms. Klippstein's comments and the City's responses to those comments have been included as Exhibit J. In a memorandum dated February 15, 1993, Al Boughey, Director of Planning and Building Services, stated that the project proponents have met with staff several times since February 1, 1993, and all of staff's concerns have been addressed satisfactorily. The applicant has agreed to complete all of the clean-up items in the specific plan as outlined in the conditions of approval. The applicant will return with a final copy of the specific plan within sixty days of approval, and staff will review and accept the final document within thirty days of receipt. At that time, the applicant will submit a camera-ready copy of the specific plan and staff will distribute copies. If any inconsistencies are noted, staff will return to the Mayor and Council for Clarification/resolution. Mayor Holcomb opened the hearing. Mayor Holcomb explained that new condition No. 22 has been added to exclude every housing type except single-family detached homes. Al Boughey, Director of Planning and Building Services, gave an overview of the project. 30 2/15/93 Discussion ensued regarding the positive and negative impacts that the proposed project would have on the environment, and the community. Deputy city Attorney Empeno explained that the new changes to the Development Agreement that are now before the Council address concerns that were previously discussed at the Planning Commission meeting. Mayor Holcomb presented to City Clerk Rachel Clark a letter dated July 6, 1992, from Judith Rymer, Vice President, California state University San Bernardino, stating the University's support of the project. James Lynas, 1160 E. Sonora, San Bernardino, CA, stated his opposition to the proposed project. Jim MUlvihill, a resident of the County of San Bernardino, CA, presented to City Clerk Rachel Clark a memorandum dated February 1, 1993, explaining his opposition to the proposed project. COUNCIL MEMBER ESTRADA RETURNED At 2:20 p.m., Council Member Estrada returned to the Council meeting and took her place at the council table. .'- Frank Delaney, Gresham, Varner, Savage, Nolan & Tilden, 600 North Arrowhead Avenue, San Bernardino, CA, representing the applicant, answered questions regarding Development Agreement No. 91-03. Gary Rasmussen, geologist representing the answered questions regarding the geological concerns of the proposed project. applicant, in the area CITY CLERK RACHEL CLARK EXCUSED City Clerk Rachel Clark left the Council meeting and the duties of City Clerk were assumed by Deputy City Clerk Vale. Yvonne Neal, environmental applicant, answered questions environmental impact on the area. consultant representing the regarding the project's The following persons spoke in opposition to the proposed project: Norman Mate, a resident of San Bernardino, CA. CITY CLERK RACHEL CLARK RETURNED At 2:41 p.m., City Clerk Rachel Clark returned to the meeting and replaced Deputy city Clerk Vale. 31 2/15/93 Gary Kirby, 1505 Yardley, San Bernardino, CA. Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, CA. Jeff Wright, P.O. Box 2341, San Bernardino, CA. Ms. Weiss, a freshman at California State University San Bernardino, San Bernardino, CA. Leona Klippstein, President, Friends of the Foothills, P.O. Box 005, Altadena, CA. Richard Arden, P.O. Box 566, Whittier, CA. steve Dallman, Fontana Corners, 1875 Century Park East, suite #1880, Los Angeles, CA, the applicant, answered questions regarding the proposed project. Discussion ensued regarding the positive and negative impacts of the project on the environment, and the community. COUNCIL MEMBER HERNANDEZ EXCUSED At 3:35 p.m., Council Member Hernandez left the Council meeting. Council Member Pope-Ludlam made Council Member Miller, and unanimously hearing be closed. a motion, seconded by carried, that the public COUNCIL MEMBER At 3:41 p.m., Council meeting and HERNANDEZ RETURNED Council Member Hernandez returned took his place at the council table. to the Discussion continued regarding the positive and negative impacts of the project on the environment and the community. COUNCIL MEMBER ESTRADA EXCUSED At 4:20 p.m., Council Member Estrada left the Council meeting. A discussion was held regarding the changes to the Development Agreement presented by staff as outlined in the memorandum dated February 15, 1993, from Al Boughey. RESOLUTION OF THE CITY OF SAN BERNARDINO CERTIFYING THE ENVIRONMENTAL IMPACT REPORT; ADOPTING FINDINGS AND STATEMENTS OF OVERRIDING CONSIDERATION AND MITIGATION MONITORING/REPORTING PROGRAM; ADOPTING SPECIFIC PLAN NO. 90-03 (PARADISE HILLS); ADOPTING GENERAL PLAN AMENDMENT NO. 91-07; AND AUTHORIZING THE EXECUTION OF DEVELOPMENT AGREEMENT NO. 91-03. (41) 32 2/15/93 council Member Miller made a motion, seconded by Council Member Minor, that the resolution that certifies the EIR; adopts the Findings and statements of Overriding Consideration; adopts the Mitigation Monitoring/Reporting Program; approves the Specific Plan, the General Plan Amendment, and the Development Agreement; and that the applicant submit a final Specific Plan document in sixty days in compliance with all of the Conditions of Approval for review and approval by the Director of Planning and Building Services, be continued to March 8, 1993, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion failed by the following vote: Ayes: Council Members Hernandez, Maudsley, Miller. Nays: Council Members Reilly, Minor, Pope-Ludlam. Absent: Council Member Estrada. Council Member Miller made a substitute motion, seconded by Council Member Minor, that the resolution that certifies the EIR; adopts the Findings and Statements of Overriding Consideration; adopts the Mitigation Monitoring/Reporting Program; approves the Specific Plan, the General Plan Amendment, and the Development Agreement; and that the applicant submit a final Specific Plan document in sixty days in compliance with all of the Conditions of Approval for review and approval by the Director of Planning and Building Services, be continued to 9:00 a.m., February 22, 1993, in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. (Note: There was no vote taken at this time.) Council Member Pope-Ludlam made a substitute motion, seconded by Council Member Minor, that the resolution that certifies the EIR; adopts the Findings and Statements of overriding Consideration; adopts the Mitigation Monitoring/Reporting Program; approves the Specific Plan, the General Plan Amendment, and the Development Agreement; and that the applicant submit a final Specific Plan document in sixty days in compliance with all of the Conditions of Approval for review and approval by the Director of Planning and Building Services, be continued to 9:00 a.m., February 22, 1993, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (Note: There was no vote taken at this time.) (Discussed later in the meeting) (See page 34 ) RECESS MEETING At 4:24 p.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 4:28 p.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. 33 2/15/93 ROLL CALL Roll call was taken by following being present: Hernandez, Maudsley, Minor, Attorney Empeno, City Clerk Members Estrada, Reilly; City City Clerk Rachel Clark with the Mayor Holcomb; Council Members Pope-Ludlam, Miller; Deputy City Rachel Clark. Absent: Council Administrator Shauna Clark. PUBLIC HEARING - PARADISE HILLS SPECIFIC PLAN NO. 90-03 - GENERAL PLAN AMENDMENT NO. 91-07 DEVELOPMENT AGREEMENT NO. 91-03 - 504 SINGLE-FAMILY HOMES - 404 ACRES - CONTINUED FROM FEBRUARY 1, 1993 - DISCUSSED EARLIER IN THE MEETING - SEE PAGE 30 (41) This is the time and place continued to for a public hearing to consider Paradise Hills Specific Plan No. 90-03, General Plan Amendment No. 91-07, and Development Agreement No. 91-03 for the development of 404 acres located northeast of California State University San Bernardino, at the mouth of Badger Canyon. RESOLUTION OF THE CITY OF SAN BERNARDINO CERTIFYING THE ENVIRONMENTAL IMPACT REPORT; ADOPTING FINDINGS AND STATEMENTS OF OVERRIDING CONSIDERATION AND MITIGATION MONITORING/REPORTING PROGRAM; ADOPTING SPECIFIC PLAN NO. 90-03 (PARADISE HILLS); ADOPTING GENERAL PLAN AMENDMENT NO. 91-07; AND AUTHORIZING THE EXECUTION OF DEVELOPMENT AGREEMENT NO. 91-03. (41) Council Member Pope-Ludlam made a substitute motion, seconded by Council Member Minor, and unanimously carried, that the resolution that certifies the EIR; adopts the Findings and Statements of Overriding Consideration; adopts the Mitigation Monitoring/Reporting Program; approves the Specific Plan, the General Plan Amendment, and the Development Agreement; and that the applicant submit a final Specific Plan document in sixty days in compliance with all of the Conditions of Approval for review and approval by the Director of Planning and Building Services, be continued to 9:00 a.m., February 22, 1993, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. APPEAL DEVELOPMENT PERMIT (TYPE III) NO. TENTATIVE TRACT NO. 15361 VARIANCE NO. CONDOMINIUM PROJECT - SOUTH SIDE OF 30TH STREET "F" AND "G" STREETS 91-44- 92-17- BETWEEN (42) This is the time and place set for an appeal of the Planning Commission's denial of Development Permit (Type III) No. 91-44, Tentative Tract No. 15361 and Variance No. 92-17 to construct a twelve unit condominium project, with a variance to construct a perimeter wall along property lines. The subject property consists of approximately 1.4 acres located on the south side of 30th Street between "F" and "G" Streets. 34 2/15/93 , , In a memorandum dated February 4, 1993, Al Boughey, Director of Planning and Building Services, stated the existing RU-l designation permits residential development at a maximum density of nine units per gross acre, or a maximum of twelve units for the 1.4 acre project site. The proposed twelve unit condominium development consists of six single story duplex units, each containing two-car garages, all units would have two bedrooms and approximately 1,000 square feet of living area. Properties facing the project site to the north, east and west are characterized by single-family residential development. The subject property is adjacent to 30th Street, a sixty foot wide arterial, and to an onramp of the Crosstown Freeway. At the Planning Commission meeting of January 5, 1993, several neighboring residents spoke in opposition to the project, stating their objections to the proposed density, the type of housing product and the increase in traffic. Mr. H. L. Jarrett, 3068 North "F" street, cited traffic safety as a major concern, noting that children living within the development would be compelled to cross 30th street or the onramp in order to reach the nearest stores and schools. The Planning commission denied the project. Mayor Holcomb opened the hearing. COUNCIL MEMBER REILLY RETURNED At 4:31 p.m., Council Member Reilly returned to the Council meeting and took his place at the council table. Larry Lewis, 3078 N. "F" Street, San Bernardino, CA, stated his opposition to the project. H. L. Jarrod, 3068 N. "F" street, San Bernardino, CA, expressed his opposition to the project. The Council expressed concern that the condominiums would not be owner occupied, and that the City would encounter problems with the maintenance of the units as rentals. Lou Corbo, 432 Seville Avenue, Newport Beach, CA, the applicant, stated that the condominiums are designed to be sold to owners who will occupy the units. A discussion ensued regarding the possibility of imposing Conditions, Covenants and Restrictions (CC & R's) on the project in order to ensure that the property would be maintained satisfactorily. council Member Minor made a motion, seconded by Council Member Miller, that the appeal of the Planning Commission's denial of Development Permit (Type III) No. 91-44, Tentative Tract No. 15361 and Variance No. 92-17 for a twelve unit 35 2/15/93 condominium project on the south side and "G" streets, be denied. (Note: this time.) of 30th street, between "F" There was no vote taken at Discussion ensued regarding how the project could be redesigned, such as building single-family dwellings. council Member Reilly made a substitute motion, seconded by Council Member Maudsley, and unanimously carried, that the appeal of the Planning Commission's denial of Development Permit (Type III) No. 91-44, Tentative Tract No. 15361 and Variance No. 92-17 for a twelve unit condominium project on the south side of 30th street, between "F" and "G" streets, be denied without prejudice for a redesign of the project. PUBLIC HEARING GENERAL PLAN AMENDMENT CHANGE LAND USE FROM CG-1 TO CH SOUTHWEST OF MlRAMONTE AVENUE & 25TH STREET NO. 92-04- 1 . 4 ACRE- (43) This is the time and place set for a public hearing to consider General Plan Amendment No. 92-04, to change the land use designation from CG-1, Commercial General, to CH, Commercial Heavy, on approximately 1.4 acres located southwest of the intersection of Miramonte Avenue and 25th Street on the east side of the 1-215 freeway. In a memorandum dated January 28, 1993, Al Boughey, Director of Planning and Building Services, stated that the southerly portion of the amendment site is developed with a wholesale water-works supply complex consisting of an office, warehouse and outside storage area; the northerly portions of the amendment site are vacant. The existing use, structure and outside storage on the site are not permitted uses in the existing CG-l land use designation, as the use was established by a use variance, it is classified as a legal nonconforming use. staff recommends that the CH, Commercial Heavy, a less intensive classification, be approved. Changing the designation to CH is appropriate in that it allows for less manufacturing uses, and is compatible with the adjacent commercial and residential areas. The CH, Commercial Heavy, would permit the existing use and allow for a proposed expansion. The applicant indicated acceptance of the CH, Commercial Heavy, land use designation. General Plan Amendment No. 92-04 is subject to the provisions of the California Environmental Quality Act (CEQA). The City's Environmental Review Committee (ERC) reviewed the application and determined that the proposed amendment would not have an adverse impact on the environment, and recommended a negative declaration. The Planning Commission recommended adoption of the negative declaration and the approval of General 36 2/15/93 Plan Amendment No. 92-04. Mayor Holcomb opened the hearing. Gary Green, 1029 Doyle Avenue, Redlands, CA, stated that he owns the property across the street from the water works complex, and requested that access to the project site be made from 25th street instead of Miramonte. RES. 93-42 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 92-04 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (43) Council Member Miller made a motion, seconded by Council Member Minor, that the public hearing be closed; and that said resolution approving the negative declaration, and approving General Plan Amendment No. 92-04 (CG-1 to CH), be adopted. Resolution No. 93-42 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 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. CITY ATTORNEY PENMAN RETURNED At 4:57 p.m., City Attorney Penman returned to the Council meeting and replaced Deputy city Attorney Empeno. CITY ADMINISTRATOR SHAUNA CLARK RETURNED At 4:57 p.m., City Administrator Shauna Clark returned to the Council meeting. PRIOR APPROVAL OF MAYOR & COUNCIL RELATIVE ATTORNEY ACTIONS - MAYOR HOLCOMB - DISCUSSED THE MEETING - SEE PAGE 43 TO CITY LATER IN (40) In a memorandum dated February 8, 1993, Mayor Holcomb, stated that city Attorney Penman has filed a complaint against Warner Hodgdon, and Rancho San Andreas company for alleged illegal grading. This complaint was filed with the Attorney General after many hours of investigation time, and without review and authorization by the Council. The City Attorney has invested staff resources on an unauthorized investigation; committed city funds for sharing the costs of the lawsuit, including expert witness fees; however, has refused to share the results of the investigation, and a cost estimate with the Mayor 37 2/15/93 and Council. It is recommended that the Council adopt a motion requiring Mayor and Council authorization prior to engaging any individuals relative to legal action, incurring legal expenses, or dedicating staff resources; and that unauthorized legal pursuits would no longer be funded by the city. council Member Miller made a motion, seconded by council Member Minor, and unanimously carried, that consideration of the request from Mayor Holcomb that the Council adopt a motion whereby any lawsuits or appeals undertaken by the City Attorney's Office, or arrangements to pay investigation, expert witness, or outside counsel fees for lawsuits or appeals filed by any other attorney, must receive approval from the Mayor and Council prior to dedication of staff resources; and that unauthorized legal pursuits would no longer be funded by the city, be continued to March 8, 1993, in the Council Chambers of city Hall, 300 North "D" street, San Bernardino, California. REQUEST CO-SPONSORSHIP & WAIVE $200 FEE STREET BANNER OVER II E" STREET - FEBRUARY 2 8 , SUPPORT NEO-NATAL INTENSIVE CARE UNIT TELETHON BERNARDINE'S MEDICAL CENTER FOUNDATION INSTALL 1993- - ST. (38) In a letter dated February 4, 1993, Peter Persuitti, Executive Director, st. Bernardine Medical Center Foundation, 489 East 21st Street, San Bernardino, CA, requested a waiver of the $200 application fee required to install the telethon banner on the "E" Street Bridge from February 22 to March 1, 1993. The st. Bernardine Medical Center Foundation is a non-profit organization that raises funds to support the Medical Center and its services. This is the third annual telethon. The goal is to raise money through this telethon on Sunday, February 28, 1993, to support the Neonatal Intensive Care unit which is critical for the survival of many babies born in the greater Inland Empire. council Member Reilly made a motion, seconded by Council Member Miller, that the request for co-sponsorship and waiver of $200 fee to support the Neo-Natal Intensive Care unit telethon at st. Bernardine' s Medical Center, be approved. (Note: This motion was made to approve items thirty-eight and thirty-nine.) (Note: There was no vote taken at this time.) Council Member Pope-Ludlam made a substitute motion, seconded by Council Member Reilly, that the request for co- sponsorship and waiver of $200 fee to support the Neo-Natal Intensive Care unit telethon at st. Bernardine's Medical Center, be approved. The motion carried by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Pope-Ludlam, Miller. Nays: Council Member Minor. Absent: Council Member Estrada. 38 2/15/93 PARKS, RECREATION & STREET PARKING LOT - PLUNGE COMMUNITY SERVICES - USE OF 21ST PRIMARY PARKING - PERRIS HILL PARK (39) In a memorandum dated February 4, 1993, Annie Ramos, Director of Parks, Recreation and Community Services, stated that it is proposed that the 21st street parking lot be utilized for regular use to accommodate parking for the soon to be renovated perris Hill Plunge. The plunge is expected to reopen in July and its newness and modern design is expected to draw hundreds of visitors daily. without the use of this lot, there is not adequate or convenient parking in the vicinity of the plunge. The parking lot at perris Hill Park located on 21st Street, on the east side of the flood control channel, was closed by the City Council in 1979. This action was a result of a recommendation by the Parks and Recreation Commission due to reports of problems in the parking lot which included loud music, trash being thrown in residents' yards, reckless driving, indecent exposure, loud vulgar language, and what appeared to be use of drugs requiring paramedical support. with the closure of the 21st street parking lot, users of the park utilized the parking lot adjoining the YMCA. In addition to serving "Y" patrons, this lot provided parking for the Senior citizens' Center as well as users of the tot lot and the group picnic area east of the channel. Due to the improvement of facilities at this park, an increase in use and parking has occurred. To accommodate this demand, the Council authorized use of the parking lot on a controlled basis. The lot has been kept secured and unavailable for general use, and has only been open for special uses and events such as large group picnics or Junior University performances. Council Member Reilly made a motion, seconded by Council Member Miller, that the Parks, Recreation and community Services be authorized to permit use of the 21st street parking lot, east of the Flood Control Channel at perris Hill Park at the discretion of the Director of Parks, Recreation and Community Services. (Note: This motion was made to approve items thirty- eight and thirty-nine.) (Note: There was no vote taken at this time. ) The Council expressed concern over public safety problems at this location in the past. Council Member Reilly made a substitute motion, seconded by Council Member Hernandez, and unanimously carried, that the Parks, Recreation and Community Services request to permit use of the 21st Street parking lot, east of the Flood Control Channel at 39 2/15/93 perris Hill Park at the discretion of Recreation and Community services, be council meeting, in the Council Chambers "0" street, San Bernardino, California. the Director of Parks, continued to a later of City Hall, 300 North APPROVE APPROPRIATION FROM GENERAL RESERVE TO CITY ATTORNEY BUDGET TO FUND OUTSIDE ATTORNEY & LITIGATION COSTS (S-l) In a memorandum dated February 10, 1993, James Penman, City Attorney, stated that the authorized amount available to draw from reserves to pay outside counsel bills per the Mayor and Council's action of December 7, 1992, is $163,969. The city Attorney's Office has billings in hand in the amount of $266,702.73. These billings would exhaust the authorized draw and leave a deficit of approximately $100,000. The proposed action would cover these bills and leave approximately $100,000 for payment of future bills. Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that the request to instruct the Finance Director to draw down additional amounts not to exceed $200,000 from the General Fund reserve to fund payment of outside attorney bills from the City Attorney's budget accounts: Litigation-Outside Attorney (001-051-53049) and Litigation (001-051-53050), be continued to March 8, 1993, in the Council Chambers of city Hall, 300 North "D" street, San Bernardino, California. RES. 93-43 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 77 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 PAVEMENT ON ARROWHEAD AVENUE, FROM MILL STREET TO THIRD STREET. (S-2) Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 93-43 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Estrada. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN SAID CITY AND THE STUBBLEFIELD CONSTRUCTION COMPANY, RELATING TO ACCESS FOR THE PARCEL NORTH OF HIGHLAND AVENUE AND EAST OF STATE ROUTE NO. 330. (S-3) Council Member Hernandez made a motion, seconded by Council 40 2/15/93 Member Miller, that said resolution be adopted. was no vote taken at this time.) (Note: There council Member Miller made a substitute motion, seconded by Council Member Minor, that said resolution executing an agreement with Stubblefield Construction Company relating access for the parcel north of Highland Avenue and east of state Route No. 330, be continued to March 8, 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, Minor, Miller. Nays: Council Maudsley, Pope-Ludlam. Absent: Council Member Estrada. Council Members AUTHORIZE - REQUEST FOR PROPOSALS & PURCHASE ORDER - MICRO COMPUTER - TRAFFIC FORECASTING MODEL (S-4) In a memorandum dated February 5, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that the Congestion Management Plan (CMP) lists the following four functions that a traffic model for a local agency can provide: annual forecasting of or on the CMP network for facility programming purposes; forecasting in conjunction with Traffic Impact Analysis (TIA) reports; forecasting for specific corridor and subarea studies (congestion management master plans); and forecasting in association with the preparation of deficiency plans. The traffic model divides the City into several hundred zones, and simulates the travel interaction not only between these zones, but also outside the City limits (inter-regional travel) . All travel is assigned to street network based on several factors, such as: travel time, street capacities, mode of travel, etc. Once the model is established, it requires constant update/maintenance effort (land use changes, development growth, traffic volume monitoring/updates). The most common output derived from a transportation modeling process includes daily and peak volumes, intersection turning movement volumes, regional travel statistics, such as vehicle miles traveled, and input data for air quality analysis models. A City traffic forecasting model would allow the impacts of a proposed development to be assessed. Also, the model can be used in updating the Circulation Element in the General Plan, and provide data for traffic studies in Redevelopment project areas. A traffic model can be operated by a consultant or City staff. In order to achieve consistency and quality control, we recommend that the model be set up by a consultant and operated by City staff. The consultant would load the program and train city staff on the operation of the model. We anticipate the consultant's fee would be approximately $140,000. 41 2/15/93 Operation of a traffic forecasting model is a meticulous and time consuming process. The best estimate of this time is that one full-time employee would be needed. At least two additional employees would be trained in the operation of the model to provide back-up and consistency. It is anticipated that an additional position of civil Engineering Assistant III is needed to operate the model. It is expected that a high speed micro computer, wi th a large storage capacity and plotter, would be required to run the model, with an estimated cost of $10,000. An amount of $150,000 has been allocated for the model, which would cover the estimated cost for the consultant and acquisition cost of the necessary hardware. The annual cost for a civil Engineering Assistant III, at step One, including variable benefits that rise with salary, is approximately $50,622. Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding the traffic forecasting model. council Member Reilly made a motion, seconded by Council Member Pope-Ludlam, that the Director of Public Works/city Engineer be authorized to issue Request for Proposals In connection with establishment of a city-wide Traffic Forecasting Model pursuant to the Congestion Management Program. The motion carried by the following vote: Members Reilly, Hernandez, Pope-Ludlam, Miller. Members Maudsley, Minor. Absent: Council Member Ayes: Council Nays: Council Estrada. RES. 93-44 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH SKYLINE AERO SECURITY RELATING TO THE PROVISION OF SECURITY SERVICES FOR ASSESSMENT DISTRICT NO. 990. (Discussed earlier in the meeting) (See page 12) (10) City Clerk Rachel Clark read the title of the resolution. Council Member Pope-Ludlam made a motion, seconded by Council Member Minor, and unanimously carried, to waive further reading of said resolution; and that said resolution be adopted. Resolution No. 93-44 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Estrada. RES. 93-33 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN EASEMENT ACROSS CERTAIN REAL PROPERTY ON THE NORTH SIDE OF GLENDENNING WAY, EAST OF VALENCIA AVENUE. (Discussed earlier in the meeting) (See page 11 ) (23) 42 2/15/93 council Member Miller made a motion, seconded by Council Member Minor, and unanimously carried, to clarify previous action to denv the motion that the Director of Public Works be authorized to advertise for bids for the sale of City property located north of Glendenning Way, east of Valencia Avenue; and to ratify the motion taken earlier in the meeting to adopt said Resolution No. 93-33. (See page 11 ) PRIOR APPROVAL OF MAYOR & COUNCIL RELATIVE TO CITY ATTORNEY ACTIONS - MAYOR HOLCOMB - DISCUSSED EARLIER IN THE MEETING - SEE PAGE 37 ( 4 0 ) Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, to ratify the previous action taken that consideration of the request from Mayor Holcomb that the Council adopt a motion whereby any lawsuits or appeals undertaken by the city Attorney's Office, or arrangements to pay investigation, expert witness, or outside counsel fees for lawsuits or appeals filed by any other attorney, must receive approval from the Mayor and Council prior to dedication of staff resources; and that unauthorized legal pursuits would no longer be funded by the City, be continued to March 8, 1993, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (See page 37 ) RECESS MEETING - CLOSED SESSION At 5:22 p.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; 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 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: ; 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). 43 2/15/93 CLOSED SESSION At 5:22 p.m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "0" 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; City Attorney Penman, city Clerk Rachel Clark, city Administrator Shauna Clark. Absent: Council Member Estrada. Also present: Tim Steinhaus, Agency Administrator, Economic Development Agency; Kenneth Henderson, Executive Director, Economic Development Agency/Development Department; and Dave Edgar, Housing Division Manager, Economic Development Agency. ADJOURN CLOSED SESSION At 5: 36 p. m., the closed sess ion adj ourned to the regular meeting of the Mayor and Common Council of the city of San Bernardino. RECONVENE MEETING At 5:36 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 City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; city Attorney Penman, city Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Estrada. ANNOUNCEMENT - MAYOR HOLCOMB - PROPERTY ACQUISITION (2) Mayor Holcomb announced that the Mayor and Council, in Closed Session, approved the acquisition of property located between 6th and 7th Streets, and "F" and "G" Streets. ,- 44 2/15/93 ADJOURNMENT At 5:36 p.m. 22, 1993, at 9:00 North "D" street, No. of Items: 72 No. of Hours: 7.5 (44) the meeting was adjourned to Monday, February a.m., in the Council Chambers of City Hall, 300 San Bernardino, California. RACHEL CLARK City Clerk By ~~-r'" ~~..... Melanie Vale Deputy City Clerk 45 2/15/93