HomeMy WebLinkAbout05-10-1993 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
CITY OF SAN BERNARDINO
ADJOURNED REGULAR MEETING
MAY 10, 1993
COUNCIL CHAMBERS
This is the time and place set for an adjourned regular
meeting of the Mayor and Common Council of the City of San
Bernardino at their adjourned regular meeting held at 9:02 a.m.,
on Thursday, May 6, 1993, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
The City Clerk has caused to be posted the order of
adjournment of said meeting held on May 6, 1993, and has on file
in the Office of the city Clerk an affidavit of said posting
together with a copy of said order which was posted at 11: 00
a.m., Friday, May 7, 1993, on the door of the place at which said
meeting was held.
The adjourned regular meeting of the Mayor and Common
Council of the city of San Bernardino was called to order by
Mayor Pro Tem Reilly at 8:33 a.m., in the Council Chambers of
city Hall, 300 North "D" street, San Bernardino, California.
ROLL CALL
Roll call was taken by city Clerk Rachel Clark with the
following being present: Mayor Pro Tem Reilly; Council Members
Reilly, Hernandez, Maudsley, Minor; City Attorney Penman, City
Clerk Rachel Clark, city Administrator Shauna Clark. Absent:
Mayor Holcomb; Council Members Estrada, Pope-Ludlam, Miller.
CLOSED SESSION
At 8:33 a.m., the Mayor and
Development Commission recessed
following:
(1)
Common Council and Community
to closed session for the
a. to confer with the attorney regarding pending
litigation pursuant to Government Code section
54956.9(b) (1), as there is significant exposure to
litigation;
b. based on existing facts and circumstances, set out
below, the City Council is meeting only to decide
whether a closed session is authorized pursuant to
California Government Code section 54956.9{b) (2);
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c.
to confer with the attorney regarding
litigation pursuant to Government Code
54956.9{C), so that Council/Commission may
whether to initiate litigation;
pending
section
decide
d. to consider personnel matters pursuant to Government
Code section 54957;
e. to confer with the Chief of Police on matters posing a
threat to the security of public buildings or a threat
to the pUblic's right of access to public services or
public facilities pursuant to Government Code section
54957;
f. to give instruction to the City's/Commission's
negotiator on the purchase of property pursuant to
Government Code section 54956.8. The real property
which the negotiations concern is generally located at
The identity of each
person with whom negotiations are authorized is:
;
g.
to meet with an applicant for a
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:
Tomas Armendariz. et al vs. James F. Penman. et al. - united
states District Court Case No. 91-5757;
Saab vs. city of San Bernardino - San Bernardino Superior
Court Case No. 234561;
Barrera vs. city of San Bernardino
Municipal Court Case No. 117037;
San Bernardino
Walker vs. city of San Bernardino - united States District
Court Case No. 91-5329 LHM (JRx);
Pope-Ludlam/Beaureqarde vs. R. Clark. et al - San Bernardino
superior Court Case No. SCV 01775.
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city Attorney Penman announced that the following additional
cases would be discussed in closed session:
citv of
Indians.
6899 WJR
San Bernardino vs. San Manual Band of Mission
et al - united States District Court Case No. 85-
(Bx) ;
ci ty of San Bernardino Board of Water Commissioners vs.
Richard D. Schmitz. Richard Jimenez. et al - San Bernardino
Municipal Court Case No. 154666;
Richard Jimenez ys. San Bernardino Board of Water
Commissioners and James F. Penman. city Attorney San
Bernardino Municipal Court Case No. 84089;
Richard Jimenez vs. city of San Bernardino - San Bernardino
Municipal Court Case No. 84270.
CLOSED SESSION
At 8:34 a.m., Mayor Pro Tem Reilly 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 Pro Tem Reilly; Council Members
Reilly, Hernandez, Maudsley, Minor; ci ty Attorney Penman, ci ty
Clerk Rachel Clark, City Administrator Shauna Clark. Absent:
Mayor Holcomb; Council Members Estrada, Pope-Ludlam, Miller.
Also present: Richard Morillo, Sr. Assistant City Attorney;
Frank Rhemrev, Deputy City Attorney; Victor Lorch, Director of
Risk Management.
READING OF RESOLUTIONS AND ORDINANCES
Deputy City Clerk Jones read the titles of all the
resolutions and ordinances on the regular, supplemental, and
Community Development Commission agendas while the Council was in
closed session.
COUNCIL MEMBER ESTRADA ARRIVED
At 8:40 a.m., Council Member Estrada arrived at the closed
session.
DEPUTY CITY ATTORNEY RHEMREV EXCUSED
At 8:40 a.m., Deputy City Attorney Rhemrev left the closed
session.
COUNCIL MEMBER-ELECT EDWARD NEGRETE ARRIVED
At 8:41 a.m., Council Member-Elect Edward Negrete, First
ward, arrived at the closed session.
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COUNCIL MEMBER-ELECT DAVID OBERHELMAN ARRIVED
At 8:43 a.m., Council Member-Elect David Oberhelman, Fourth
Ward, arrived at the closed session.
SR. ASSISTANT CITY ATTORNEY BARLOW ARRIVED
At 8:50 a.m., Sr. Assistant City Attorney Barlow arrived at
the closed session.
ADJOURNMENT
At 9:06 a.m., the closed session adjourned to the adjourned
regular meeting of the Mayor and Common Council of the City of
San Bernardino.
RECONVENE MEETING
At 9:32 a.m., Mayor Pro Tem Reilly reconvened the adjourned
regular meeting of the Mayor and Common Council in the Council
Chambers of city Hall, 300 North "D" street, San Bernardino,
California.
ROLL CALL
Roll call was taken by city Clerk Rachel Clark with the
following being present: Mayor Pro Tem Reilly; Council Members
Reilly, Hernandez, Maudsley, Minor; city Attorney Penman, City
Clerk Rachel Clark; City Administrator Shauna Clark. Absent:
Mayor Holcomb; Council Members Estrada, Pope-Ludlam, Miller.
INVOCATION
The invocation was given by Dr. Tom Harvick, Central
Christian Church.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Minor.
COUNCIL MEMBER ESTRADA ARRIVED
At 9:35 a.m., Council Member Estrada arrived at the Council
meeting and took her place at the council table.
MOMENT OF SILENCE IN MEMORY OF JACK LUDLAM
Dr. Tom Harvick, Central Christian Church,
moment of silence in memory of Council Member
husband, Jack Ludlam, who passed away.
requested a
Pope-Ludlam's
ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ
(2)
Council Member Hernandez voiced concern regarding manholes
in the City of San Bernardino.
ANNOUNCEMENT - CITY ATTORNEY PENMAN
(2)
City Attorney Penman announced that an additional case was
discussed in closed session:
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Harris vs. city of San Bernardino - San Bernardino Municipal
Court Case No. 245981.
ANNOUNCEMENT - CITY CLERK RACHEL CLARK
(2)
City Clerk Rachel Clark thanked all persons who staffed the
99 polling places for the May 4, 1993 General Election; city
departments who participated and provided staff on election day;
the San Bernardino Valley College Political Science Division; and
LA Cellular Phone Company.
ANNOUNCEMENT - CITY CLERK RACHEL CLARK
(2)
City Clerk Rachel Clark announced that the second annual
Open House will be held on May 20, 1993 from noon to 6:00 p.m.
Self-guided tours of various City departments will be held and a
reception will be held for the outgoing mayor and council
members of the First, Second, and Fourth Wards.
PUBLIC COMMENTS - ROGER DUMAS
(3)
Roger Dumas, a resident of San Bernardino, CA, stated that
this would be his last meeting and introduced Jeff Wright as his
protege. Mr. Dumas congratulated Tom Minor as the new Mayor for
the city of San Bernardino.
ANNOUNCEMENT - JEFF WRIGHT
(3)
Jeff Wright, P.O. Box 2341, San Bernardino, CA, expressed
concern relative to a case filed in the City of Venice involving
an individual providing identification to a police officer; the
absentee ballot process in the City of San Bernardino; the use of
cardboard ballot boxes in the May 4, 1993 General Election; and
the conducting of investigations of all future City elections.
ANNOUNCEMENT - JOHN STEVENS
(3)
John Stevens, 4097 Pershing Avenue, San Bernardino, CA,
voiced concern relative to damage to the rain forests. He
stated that Mitsubishi is one of Japan's largest timber importers
and is a major destroyer of the rain forest. He urged residents
of the City of San Bernardino to boycott Mitsubishi products.
A discussion
establishing policy
comments.
ensued relative to the Mayor and Council
to govern what can be discussed during public
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PROCLAMATION - CORRECT POSTURE MONTH, MAY 1993 (4)
J. Lorraine Velarde, Executive Assistant to the Mayor, read
a resolution proclaiming the month of May, 1993 as Correct
Posture Month and the week of May 9 through 15, 1993 as
Chiropractic Wellness Week in the City of San Bernardino.
Dr. Michael Trudeau and Dr. Sharp accepted the resolution.
MAYOR HOLCOMB ARRIVED
At 9:57 a.m., Mayor Holcomb arrived at the Council meeting
and replaced Mayor Pro Tem Reilly.
EMPLOYEE RECOGNITION AWARDS - 4TH QUARTER
(4)
In a memorandum dated April 14, 1993, Les Fogassy, Sr. Real
Property Specialist, stated that the Employee Recognition Award
Selection Committee has selected the following employees for an
Employee Recognition Award for the Fourth Quarter of 1992.
Recipients of the Employee of the Quarter Awards are entitled to
a day off with pay:
Management/Confidential - No nominations
Mid-Management - Margo Hoverland, Water Department
Safety - William Boyce, Fire Department
General - Bonnie Landa, Animal Control Department
GEORGE WEBSTER MEMORIAL AWARD
(4)
Sam Catalano, 294 Carousal Mall, San Bernardino, CA,
presented the first annual George Webster Sr. citizens Award to
Lucy Kelley and Harry Rheubottom in recognition of their
outstanding accomplishments and service to the community.
Harry Rheubottom and Lucy Kelley accepted the awards.
PUBLIC HEARING - RECONSIDER
NO. 90-02 - PLATT BUILDING
1993
DEMOLITION PROPOSAL REVIEW
- CONTINUED FROM APRIL 5,
(29)
This is the time and place continued to for a
to reconsider Demolition Proposal Review No.
Building.
public hearing
90-02, Platt
In a memorandum dated May 5, 1993, Al Boughey, Director of
Planning & Building Services, stated that at the Council meeting
of April 5, 1993, the Council requested additional information
regarding the process for placing the Platt Building on the
National Register of Historic Places. The application is
expected to be submitted to the State of California, Office of
Historic Preservation, Department of Parks and Recreation.
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~,
Mayor Holcomb opened the hearing.
Discussion was held regarding the process to enter the Platt
Building on the National Register of Historic Places.
CITY ADMINISTRATOR SHAUNA CLARK EXCUSED
At 10:18 a.m., City Administrator Shauna Clark left the
Council meeting.
CITY ATTORNEY PENMAN EXCUSED
At 10:19 a.m., City Attorney Penman
meeting and was replaced by Sr. Assistant city
left the council
Attorney Morillo.
Discussion was held relative to the superblock proposal that
would provide office buildings for the State of California. The
Governor's Office of the state of California has expressed
support of the plan. It was pointed out that the design and
construction of the office space will require the demolition of
the current buildings in the entire block.
Tim Steinhaus, Agency Administrator, Economic Development
Agency, answered questions regarding property that must be
acquired in order to proceed with the construction of the
superblock.
COUNCIL MEMBER MILLER ARRIVED
At 10:28 a.m., Council Member Miller arrived at the Council
meeting and took her place at the Council table.
Discussion was held relative to destruction of the Platt
building being contingent upon the State, in a written agreement,
leasing 200,000 square feet of office space in the proposed
consolidated office building of the super block.
Council Member Estrada made a motion, seconded by Council
Member Miller, that reconsideration of Demolition Proposal Review
No. 90-02 Platt Building, be tabled. (Note: There was no vote
taken at this time).
Mayor Holcomb stated that he would not recognize the motion
to table.
Council Member Reilly made a substitute motion, seconded by
Council Member Minor, that destruction of the Platt Building be
contingent upon the State, in a written agreement leasing 200,000
square feet of office space in the proposed consolidated office
building in the super block. (Note: There was no vote taken at
this time).
~
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Council Member Estrada made a motion,
Member Maudsley, that reconsideration of
Review No. 90-02 Platt Building, be tabled.
seconded by Council
Demolition Proposal
The motion
council Members
Council Members
Ludlam.
to table carried by the following vote:
Estrada, Hernandez, Maudsley, Miller.
Reilly, Minor. Absent: Council Member
Ayes:
Nays:
Pope-
Mayor Holcomb vetoed the motion to table.
council Member Hernandez made a substitute motion, seconded
by Council Member Estrada, and unanimously carried, that
reconsideration of Demolition Proposal Review No. 90-02 on the
Platt Building be continued to May 24, 1993, in the Council
Chambers of City Hall, 300 North "D" street, San Bernardino,
California.
COUNCIL MEMBER ESTRADA EXCUSED
Council Member Estrada left the Council meeting.
PUBLIC HEARING
MITIGATION PROGRAM
UNREINFORCED MASONRY BUILDING
(30)
This is the time and place set for a public hearing to
consider the adoption of an ordinance establishing an
Unreinforced Masonry Building Mitigation Program.
In a memorandum dated April 16, 1993, Al Boughey, Director
of Planning & Building Services, stated that Senate Bill 547
(Alquist, 1986) mandated that local jurisdictions in seismic Zone
4 identify unreinforced masonry (URM) bearing wall buildings by
January, 1990, and institute a hazard mitigation program to
alleviate potential life threatening hazards inherent in these
types of buildings when subjected to the effects of moderate to
high magnitude earthquakes.
In 1990, the Mayor and Council adopted Ordinance MC-718 and
Resolution No. 90-117 which required that owners retrofit their
buildings within a three-year time period. Enforcement of these
requirements was suspended in September 1990, and staff was
subsequently directed to revise the ordinance and resolution.
Assembly Bill 204 requires local jurisdictions to adopt as
part of their mitigation program, the design standards contained
in the Uniform Code for Building Conservation (UCBC), Appendix
Chapter 1.
In order to establish an effective and workable mitigation
program, and to reduce the negative impact on affected
businesses, a financial assistance program may be necessary.
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Economic Development
financing options.
engineering analysis
data to determine
assistance.
Agency staff has been researching various
Once the program for the preliminary
is completed, it will provide the necessary
the most appropriate form of financial
Mayor Holcomb opened the hearing.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 15.12 OF THE SAN BERNARDINO MUNICIPAL CODE TO
ADOPT THE UNIFORM CODE FOR BUILDING CONSERVATION, 1991
EDITION, AND AMENDMENTS THEREON TO ESTABLISH A
MITIGATION PROGRAM FOR UNREINFORCED MASONRY BUILDINGS,
AND REPEALING RESOLUTIONS 90-117 AND 90-214.
First (30)
Jeff Wright, P. O. Box 2341, San Bernardino, CA, voiced
support of the unreinforced masonry building mitigation program.
Council Member Hernandez made a motion, seconded by Council
Member Minor, and unanimously carried, that the hearing be
closed; and that said ordinance be laid over for final adoption.
PUBLIC HEARING - ADOPTION OF MODEL (STATE) BUILDING
CODES AND AMENDMENTS TO SAN BERNARDINO MUNICIPAL CODE
CHAPTER 15 (n)
This is the time and place set for a pUblic hearing to
consider adoption of Model (state) Building Codes and amendments
to San Bernardino Municipal Code Chapter 15.
In a memorandum dated April 22, 1993, Al Boughey, Director
of Planning & Building Services, stated that the state of
California requires local governments to adopt and enforce the
State Building Standards Code. The State has updated its
building codes by adopting the 1991 editions of the Uniform
Codes, which became effective on August 14, 1992. The adoption
of these codes as part of the City's Municipal Code provides for
local enforcement and administration. The California Health and
Safety Code, Section 17958, provides that local jurisdictions may
make amendments to these codes based on specified local
conditions.
In reviewing Chapter 15.12 of the Municipal Code, it has
been determined that many of the requirements and references
specified are outdated. Therefore, most of the proposed changes
are intended to correct the deficiencies found.
Mayor Holcomb opened the hearing.
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTIONS 15.04.020, 15.04.070, 15.04.075, 15.04.080,
15.04.085, 15.04.100, 15.04.120, 15.04.130, 15.04.133,
15.04.140, 15.04.150, 15.04.160, 15.04.165, 15.04.167,
15.04.175, 15.04.177, 15.04.179, 15.04.220, 15.20.040,
15.20.080, 15.20.120, 15.28.010, 15.28.020, 15.28.170,
REPEALING CHAPTERS 15.38, 15.40, 15.44, 15.60, AND
SECTIONS 15.04.040, 15.04.095, 15.04.140, 15.04.150,
15.04.160, 15.04.170, 15.04.190, 15.28.030, 15.28.040,
15.28.050, 15.28.060, 15.28.070, 15.28.080, 15.28.090,
15.28.100, 15.28.110, 15.28.120, AND ADDING SECTIONS
15.04.076, 15.04.077, 15.04.081, 15.040.083, 15.04.112,
15.04.114, 15.04.125, 15.04.163, 15.04.221, 15.04.222,
15.04.223 OF THE SAN BERNARDINO MUNICIPAL CODE AND
ADOPTING THE UNIFORM BUILDING CODE, 1991 EDITION, THE
UNIFORM BUILDING CODE STANDARDS, 1991 EDITION, THE
UNIFORM HOUSING CODE, 1991 EDITION, THE UNIFORM
ADMINISTRATIVE CODE, 1991 EDITION, THE UNIFORM BUILDING
SECURITY CODE, 1991 EDITION, THE UNIFORM MECHANICAL
CODE, 1991 EDITION, THE UNIFORM PLUMBING CODE, 1991
EDITION, THE UNIFORM SWIMMING POOL SPA AND HOT TUB
CODE, 1991 EDITION, THE NATIONAL ELECTRICAL CODE, 1990
EDITION, THE UNIFORM CODE FOR SOLAR ENERGY
INSTALLATIONS, 1991 EDITION, THE UNIFORM CODE FOR THE
ABATEMENT OF DANGEROUS BUILDINGS 1991 EDITION, AND
AMENDMENTS THEREON. First (31)
Council Member Miller made a motion,
Member Hernandez, and unanimously carried,
closed; and that said ordinance be laid over
seconded by Council
that the hearing be
for final adoption.
PUBLIC HEARING - ADOPT UNIFORM FIRE CODE 1991 EDITION
(32)
This is the time and place set for a public hearing to
consider adoption of an ordinance amending Chapter 15.16 of the
San Bernardino Municipal Code and adopting the Uniform Fire Code
1991 Edition.
Mayor Holcomb opened the hearing.
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 15.16 OF THE SAN BERNARDINO MUNICIPAL CODE AND
ADOPTING THE UNIFORM FIRE CODE (1991 EDITION) TOGETHER
WITH CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 9,
AND APPENDICES I-A, I-B, I-C, II-A, II-B, II-D, II-E,
II-F, III-A, III-C, III-D, IV-A, IV-B, V-A, VI-A, VI-B,
VI-C, VI-D, VI-E, VI-F, INCLUSIVE, AND THE UNIFORM FIRE
CODE STANDARD (1991 EDITION). First (32)
Council Member Hernandez made a motion, seconded
Member Reilly, and unanimously carried, that the
closed and that said ordinance be tabled.
by Council
hearing be
COUNCIL MEMBER ESTRADA RETURNED
At 10:48 a.m., Council Member Estrada returned to the
Council meeting and took her place at the council table.
APPEAL DECISION OF POLICE COMMISSION DENY
OPERATOR'S PERMIT - DESERT INN MOTEL - 607 W. FIFTH
STREET - JACK & LINDA LIAO - CONTINUED FROM MARCH 22,
1993 (33)
This is the time and place continued to consider an appeal
of the Police commission's decision to deny the operator's permit
for operation of the Desert Inn Motel located at 607 W. Fifth
Street. The owners are Jack and Linda Liao.
In a memorandum dated March 9, 1993, Daniel A. Robbins,
Chief of Police, stated that the application of Jack and Linda
Liao (aka Wen-Hsuing and Lo Tsai Liao) for a permit to operate
the Desert Inn Motel, conforming to San Bernardino Municipal Code
5.82, was recommended for denial by the Chief of Police. A
hearing regarding the denial was brought before the Police
commission on November 30, 1992.
During the hearing, Jack and Linda Liao were present and
were represented by Attorney Sing Chang. The Police Department
was represented by Frank L. Rhemrev, Deputy City Attorney. The
Police commission, after hearing the testimony and examining the
proofs presented, denied the appeal of Jack and Linda Liao and
upheld the decision by the Chief of Police.
Council Member Hernandez made a motion, seconded by Council
Member Reilly, and unanimously carried, that the appeal on the
decision of the Police commission to deny operator's permit for
operation of the Desert Inn Motel be continued to June 7, 1993,
in the Council Chambers of city Hall, 300 North "D" Street, San
Bernardino, California.
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PUBLIC HEARING IMPOSE LIENS
UNCOLLECTED BUSINESS REGISTRATION FEES
ON PROPERTY-
(34)
This is the time and place set for a public hearing to
consider imposing liens on property located within the City of
San Bernardino for uncollected business registration fees.
In a memorandum dated April 22, 1993, City Clerk Rachel
Clark requested authorization to impose liens on certain parcels
of property for uncollected business registration fees.
Mayor Holcomb opened the hearing.
RES. 93-126 - RESOLUTION OF THE CITY OF SAN BERNARDINO
IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY
LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR
UNCOLLECTED BUSINESS REGISTRATION FEES. (34)
City Clerk Rachel Clark stated that Edward S. Hibbard, owner
of property located at 1271 North Mountain View; and Michael E.
Gordon, Trustee of property located at 1405 East Lynwood Drive,
have paid their business registration fees. She requested that
said properties be deleted from Exhibit "A" of the resolution.
Council Member Hernandez made a motion, seconded by Council
Member Maudsley, that the hearing be closed; and that said
resolution be adopted as amended by interlineation to delete
properties at 1271 N. Mountain View; and 1405 E. Lynwood Drive
from Exhibit "A".
The motion carried and Resolution
the following vote: Ayes: Council
Hernandez, Maudsley, Minor, Miller.
Council Member Pope-Ludlam.
No. 93-126 was adopted by
Members Estrada, Reilly,
Nays: None. Absent:
PUBLIC HEARING - STREET VACATION - 7TH STREET BETWEEN
"D" STREET AND "E" STREET (35)
This is the time and place set for a public hearing to
consider adoption of a resolution ordering the vacation of a
portion of 7th Street lying between "D" Street and "E" Street.
In a memorandum dated April 19, 1993, Roger Hardgrave,
Director of Public Works/City Engineer, stated that utility
companies, City departments and adjoining property owners were
notified of the proposed vacation, and had the opportunity to
respond. Easements have been reserved over the entire area
proposed for the vacation to include sewer, water, traffic
signals, and street lights, storm drains, Pacific Bell Telephone,
GTE, Southern California Edison and Southern California Gas
Company.
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5/10/93
In a letter dated May 6, 1993, Ed Jacobsen, Real Estate
consultant, representing the Superintendent of San Bernardino
County Schools, voiced support of the proposed vacation of 7th
street, between "D" and "E" Street.
Mayor Holcomb opened the hearing.
RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
VACATION OF 7TH STREET BETWEEN "D" STREET AND "E"
STREET IN THE CITY OF SAN BERNARDINO AND RESERVING
EASEMENTS OVER THE ENTIRE AREA FOR SANITARY SEWER,
WATER, STORM DRAINS, STREET LIGHTS, AND TRAFFIC SIGNALS
AND APPURTENANT FACILITIES FOR THE CITY OF SAN
BERNARDINO, AND ALSO RESERVING EASEMENTS FOR GENERAL
TELEPHONE, PACIFIC BELL TELEPHONE, SOUTHERN CALIFORNIA
EDISON AND SOUTHERN CALIFORNIA GAS COMPANY FOR PUBLIC
UTILITIES THEREIN. (35)
Council Member Hernandez made a motion, seconded by Council
Member Maudsley, that discussion be held in conjunction with the
community Development Commission Agenda Item No. RS-2, relative
to financing of the new police facility. (Note: There was no
vote taken at this time).
Mr. Mitchell, 696 North "D" Street, San Bernardino, CA,
owner of property located on the southwest corner of 7th and "D"
Street, distributed copies of proposed modifications to the
resolution; and voiced concern that his client would lose 15
parking spaces if the street is vacated.
council Member Estrada made a motion, seconded by Council
Member Hernandez, and unanimously carried, that Jeff wright be
allowed to speak on this issue.
Jeff Wright, P.O. Box 2341, San Bernardino, CA, objected to
the proposed demolition of the Platt Building to accommodate
construction of the proposed new police facility.
Ed Jacobsen, 1815 North liD" Street, San Bernardino, CA,
representing the San Bernardino County Superintendent of Schools,
supported the proposal to vacate 7th Street between liD" and "E"
Streets.
Charles Oso, General Telephone, voiced concern regarding
the design of the street easements and maintenance of the conduit
systems, and requested an opportunity to meet with John Hoeger of
the Economic Development Department.
Roger Hardgrave, Director of Public Works/City Engineer,
answered questions regarding the proposed street vacation.
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5/10/93
council Member Hernandez made a motion, seconded by Council
Member Estrada, and unanimously carried, that further discussion
regarding the vacation of a portion of 7th street between liD"
street and "E" street, be held in conjunction with the community
Development Commission Agenda Item No. RS-2, concerning the
financing of the new police facility.
PUBLIC HEARING - CONFIRM REPORT - ASSESSMENT
NOTICE OF ASSESSMENT CHAPTER 12.92
IMPROVEMENTS
ROLL &
STREET
(36)
This is the time and place set for a pUblic hearing to
consider the adoption of a resolution confirming the report,
assessment roll and notice of assessment for Chapter 12.92 street
improvements.
In a memorandum dated April 19, 1993, Roger Hardgrave,
Director of Public works/City Engineer, stated that on March 10,
1993 notices were sent by certified mail to the owners of the
affected properties as required by Chapter 27 and Chapter 12.92.
Property owners would have five days after the confirmation of
the assessments in which to pay the assessment; otherwise, the
assessments would be placed on the respective tax bills over a
three-year period at seven percent interest per annum on the
unpaid balance.
Mayor Holcomb opened the hearing.
RES. 93-127 A RESOLUTION OF THE CITY OF SAN
BERNARDINO CONFIRMING THE REPORT OF THE DIRECTOR OF
PUBLIC WORKS/CITY ENGINEER FOR THE CONSTRUCTION OF
CERTAIN IMPROVEMENTS TO VARIOUS PROPERTIES IN THE CITY
OF SAN BERNARDINO, PLACING A LIEN THEREON, AND
CONFIRMING THE 1993-94 ASSESSMENT ROLL. (36)
Ariel Ferralles, real estate broker, Costa Pacifica
Financial, 254 S. Euclid Street, Anaheim, CA, representing Bertha
Vega, owner of property identified by Parcel Number 0144-051-12,
stated that Ms. Vega did not own the property at the time the
street improvements were constructed and should not be assessed.
Council Member Hernandez made a motion, seconded by Council
Member Reilly, that any objections or protests be overruled and
the hearing be closed; and that said resolution be adopted as
amended by interlineation to delete Parcel No. 0144-051-12 from
Exhibit "A" of the resolution.
The motion carried and Resolution
the following vote: Ayes: Council
Hernandez, Maudsley, Minor, Miller.
council Member Pope-Ludlam.
No. 93-127 was adopted by
Members Estrada, Reilly,
Nays: None. Absent:
14
5/10/93
PUBLIC MEETING - WATERMAN AVENUE UNDERGROUND
ASSESSMENT DISTRICT NO. 19 - WATERMAN AVENUE
9TH STREET & SANTA ANA RIVER
UTILITY
BETWEEN
(37)
This
concerning
Assessment
is the time
the proposed
District.
and place
Waterman
set for a public
Avenue Underground
meeting
utility
In a memorandum dated April 26, 1993, Roger Hardgrave,
Director of Public Works/city Engineer, stated that on November
21, 1988, staff was authorized to proceed with the formation of
Underground Utility Assessment District No. 19 along Waterman
Avenue, between 9th Street and the Santa Ana River. All property
owners in the district and affected utilities were notified and a
public hearing was held on January 3, 1989. On June 5 1989,
Resolution No. 89-171 was adopted, creating Underground utility
Assessment District No. 19.
.-.
Notice to convert was given to all property owners within
Zones 1, 2 and 3 of the district. On April 6, 1992, June 15,
1992 and July 9, 1992, the Director of Public Works/City
Engineer, was authorized to proceed with causing the necessary
work to be done within Zone 3, Zone 2 and Zone 1 respectively, on
those parcels where the respective owners had not completed the
necessary work. The cost for completing the necessary work was
paid out of the Assessment District Reserve Fund, which will be
reimbursed through assessments collected on the property tax
rolls.
Council Member Estrada made a motion, seconded by Council
Member Minor, and unanimously carried, that the meeting relative
to the proposed assessments for the Waterman Avenue Underground
Utility Assessment District No. 19, be closed; and that protests,
if any, be carried forward to the public hearing to be held on
May 24, 1993 at 10:00 a.m., in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
ANNOUNCEMENT - CYNTHIA CRUZ
(2)
Cynthia Cruz, advisor, citizens for Health, San Bernardino
and Riverside Chapter, 1231 North "E" Street, San Bernardino, CA,
announced that a meeting on Protecting Your Rights for Natural
Healing will be held on Wednesday, May 12, 1993, at 7:00 p.m., in
the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California. citizens for Health, an organization
comprised of health food stores, is opposed to the Food and Drug
Administration removing vitamins from stores.
RECESS MEETING
At 11:13 a.m., Mayor Holcomb declared a ten-minute recess.
15
5/10/93
RECONVENE MEETING
At 11:23 a.m., Mayor Holcomb reconvened the adjourned
regular meeting of the Mayor and Common Council in the council
Chambers of City Hall, 300 North "D" street, San Bernardino,
California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Holcomb; Council Members
Estrada, Reilly, Hernandez, Maudsley, Minor; Sr. Assistant City
Attorney Barlow, city Clerk Rachel Clark, City Administrator
Shauna Clark. Absent: Council Members Pope-Ludlam, Miller.
COMMUNITY DEVELOPMENT COMMISSION - ADJOURNED REGULAR
MEETING
At 11:24 a.m., Chairman Holcomb
Development Commission adjourned regular
Council Chambers of City Hall, 300
Bernardino, California.
called the Community
meeting to order in the
North "D" street, San
COUNCIL MEMBER MILLER RETURNED
At 11:24 a.m., Council Member Miller
meeting and took her place at the council
returned to the Council
table.
CONTRACT CHANGE ORDER NOS. ONE & TWO SEWER MAIN
INSTALLATION - PLAN NO. 8663 - GRGO & GORDON GRBAVAC
CONSTRUCTION COMPANY (R-3)
In a memorandum dated April 23, 1993, Roger Hardgrave,
Director of Public Works/city Engineer, stated that requests have
been received to expand the project to include the installation
of sewer mains in Colorado Avenue Contract Change Order #1 (CCO
#1) and in "K" Street, from a point south of Congress Avenue to
Rialto Avenue (CCO #2).
Change Order No. One will authorize the installation of an
additional 333 feet of sewer main in ColoradO Avenue. An
additional 472 feet of sewer main will be authorized in ilK"
Street by Change Order No. Two. The contractor has agreed to
perform these items of extra work at the contract unit prices.
The estimated additional costs for Change Order Nos. One & Two
will be $8,995 and $26,985 respectively, for a total increase in
the contract price of $35,980, from $223,759 to $259,739. A
total amount of $475,000 has been allocated from CDBG funds, to
finance the costs incurred for the project.
16
5/10/93
council Member Hernandez made a motion, seconded by Council
Member Reilly, and unanimously carried, that Change Order Nos.
One & Two, to the contract with Grbavac Construction for
installation of sewer main in various streets, in accordance with
Plan No. 8663, be approved; to authorize installation of 805
lineal feet of additional 8" sewer main on Colorado Avenue, from
18th street to Lincoln, and on "K" street, from south of Congress
to Rialto Avenue, at an increase in contract price of $35,980;
from $223,759 to $259,739.
CHANGE ORDER NO. THREE - PERRIS HILL SWIMMING POOL &
BATHHOUSE - PLAN NO. 8843 - CALIFORNIA POOLS, INC.
(R-5)
In a memorandum dated May 3, 1993, Roger Hardgrave, Director
of Public Works/city Engineer, stated that during the remodeling
of the perris Hill Swim Center, the existing electrical
switchgear had to be shut down to enable the demolition of the
existing structure. The electrical contractor voiced concern
regarding the safety and the condition of the existing electrical
main switchgear.
The electrical engineer, Southern California Edison, and a
high voltage electrician determined that the existing switchgear
could present a safety hazard and should be replaced. Southern
California Edison proposed to replace the existing transformer,
in order to provide proper yol tage to the new switchgear. The
replacement costs will be absorbed by Southern California Edison,
except for the new cables which will be billed to the City. The
estimated cost of $1,000 for new cables is included in the total
estimated cost of $25,000.
Council Member Hernandez made a motion, seconded by Council
Member Reilly, and unanimously carried, that Change Order No.
Three to the contract with California Pools, Inc., for
rehabilitation of perris Hill swimming pool and bathhouse; in
accordance with Plan No. 8843, be approved; and that the
contractor be authorized to provide a new electrical main panel
and switchgear, at an estimated increase in the contract price of
$25,000; from $1,037,378 to $1,062,378.
RES. 93-128 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A SMALL BUSINESS LOAN
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
DANNY'S TOWING. (R-6)
Council Member Hernandez made a motion, seconded by Council
Member Reilly, that said resolution be adopted.
17
5/10/93
Resolution
Ayes: Council
Minor, Miller.
Ludlam.
No. 93-128 was adopted by the following vote:
Members Estrada, Reilly, Hernandez, Maudsley,
Nays: None. Absent: Council Member Pope-
FISCAL YEAR 1993/94 COMMUNITY DEVELOPMENT BLOCK GRANT
PUBLIC HEARING (R-11)
In a memorandum dated April 30, 1993, Kenneth J. Henderson,
Executive Director, Development Department, stated that on March
1, 1993, the Mayor and Council approved and adopted the FY
1993/94 Community Deyelopment Block Grant (CDBG) Program Mix and
authorized staff to solicit proposals. The published time period
for the announcement and submission of proposals was Monday,
March 15, 1993 through Friday, April 16, 1993, by 4:00 p.m.
A total of eighty-eight proposals were received and reviewed
by the community Development citizen Advisory committee (CDCAC).
The CDCAC will submit its recommendations for funding to the
Mayor and Council under the public service and capital
improvement categories of the approved Program Mix. These
recommendations are to be considered by the Mayor and Council
during a public hearing set for May 24, 1993 at 3:00 p.m.
Council Member Hernandez made a motion, seconded by Council
Member Reilly, and unanimously carried, that May 24, 1993, at
3:00 p.m, be established as the date and time certain for the FY
1993/1994 CDBG public hearing for consideration of various
proposals requesting CDBG financial assistance for the period
beginning July 1, 1993 and ending June 30, 1994.
PURCHASE OF FIRE DEPARTMENT ACCESSORY EQUIPMENT (R-9)
In a memorandum dated April 29, 1993, Kenneth Henderson,
Executive Director, Development Department, stated that on April
19, 1993, the Mayor and Council approved an appropriation of
$1,043,245 for the purchase of three pieces of fire equipment.
In a memorandum dated April 21, 1993, William wright, Fire
Chief, stated that the basic components and accessory equipment
totalled $1,128,113.53 as opposed to the authorized amount of
$1,043,245. The difference of $84,868.53 is attributed to the
subsequent addition of accessory equipment needed in order to
make the equipment fully functional and capable for responding to
emergency and routine situations in the field.
,-
18
5/10/93
Council Member Reilly made a motion, seconded by Council
Member Maudsley, and unanimously carried, that the Mayor and
Common Council increase its April 19, 1993, $1,043,245 allocation
for the purchase of fire equipment at a cost of $84,868.53 to
$1,128,114 and authorize staff to execute all necessary documents
attendant to this action.
PUBLIC HEARING MILLER
FORMERLY KNOWN AS THE RITZ
ACQUISITION AND LEASE-
(PUSSYCAT) THEATER SITE
(R-12)
This is the time and place set for a public hearing to
consider the lease of the former Ritz Theater site to be improved
as surface parking, and to consider the purchase and improvement
of vacant land formerly owned by Frank Dominguez on the northwest
corner of Fourth and "E" Streets. Both transactions would be
with David A. & Denyse M. Miller, et al., the current owners of
both the former J. C. Penney building which is leased by the
County's Department of Public Social Services (DPSS), and the
Dominguez parcel.
In a memorandum dated May 6, 1993, Kenneth Henderson,
Executive Director, Development Department, stated that the
proposed agreements provide for the Agency to improve and lease
the Ritz parcel to Miller, et al., for use as designated parking
for DPSS; and for the Agency to purchase the Dominguez parcel
from Miller, improve it, and keep it open as pUblic parking
during the term of the DPSS lease (ending December 31, 2009).
The total cost to the Agency regarding these agreements is
$2,236,056, which includes the acquisition and demolition of the
former Ritz (Pussycat) Theater building. At the end of the DPSS
lease, both parcels will be owned by the Agency without
encumbrance. If the property is ready for development before
that time, the agreements allow the parking to be moved to a
substitute location. The additional costs for this budget year
is the cost of acquisition of the vacant land on the northwest
corner of Fourth and "E" Street plus the cost of its improvement.
These costs are estimated to be $237,000 which can be paid from
bond proceeds.
Chairman Holcomb opened the hearing.
RES. 93-129 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A
CERTAIN LEASE AGREEMENT BY AND BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND
DAVID A. MILLER AND DENYSE M. MILLER, AS HUSBAND AND
WIFE, AND ALLAN SMITH, AS POST CONFIRMATION TRUSTEE OF
THE BANKRUPTCY ESTATE OF H. FRANK DOMINGUEZ, PERTAINING
TO THE LEASE OF CERTAIN REAL PROPERTY OWNED BY THE
AGENCY. (R-12)
19
5/10/93
council Member Maudsley made a motion, seconded
Member Minor, that the hearing be closed; and
resolution be adopted.
by Council
that said
The motion carried and Resolution
the following vote: Ayes: Council
Hernandez, Maudsley, Minor, Miller.
Council Member Pope-Ludlam.
No. 93-129 was adopted by
Members Estrada, Reilly,
Nays: None. Absent:
DISCUSS AND TAKE ACTION - DRIVEWAY APPROACH TO RIALTO
AVENUE CONCRETE PRE-CASTING FACILITY (41)
In a memorandum dated April 20, 1993, Council Member
Hernandez requested that the Mayor and Council discuss and take
possible action regarding the driveway approach to Rialto Avenue,
concrete pre-casting facility located between Rialto Avenue and
Fourth Street.
In a memorandum dated April 9, 1993, Roger Hardgrave,
Director of Public Works/city Engineer, stated that the concrete
pre-casting facility on Fourth Street Rock Crusher's property,
located between Rialto Avenue and Fourth Street, was approved by
Review of Plans No. 86-14. Since the access route is difficult
for long loads to traverse, an application was submitted to the
Public Works Department for a permit to construct a modified
driveway approach to Rialto Avenue, in order to provide a better
access route. Trucks hauling the pre-cast concrete will use the
driveway to make a right turn onto Rialto Avenue.
It is proposed that trucks will only use the driveway
between 11:00 p.m., and 5:00 a.m., due to permit restrictions
imposed by Caltrans on the freeway system. In order to construct
a ramp from the pre-casting yard to the new driveway approach on
Rialto Avenue, a considerable amount of dirt is needed. Plans
have been submitted by Fourth Street Rock in application for a
grading permit.
Discussion was held relative to the grading performed by
Fourth Street Rock.
Dan Johnson, President of Rockland Corporation, addressed
concerns, and stated that the concrete pre-casting facility would
be transporting concrete beams between the hours of 12: 00 a. m.
and 5:00 a.m., as required by Caltrans. He stated that a flagman
would be present during transportation of the concrete beams.
Mr. Johnson maintained that if the company does not have egress,
the company may have to close down the business and move to
another city.
The Telecommunications Department showed a video of trucks
leaving the concrete pre-casting facility; and of the grading to
construct the new driveway approach.
20
5/10/93
CITY ATTORNEY PENMAN RETURNED
At 12:06 p.m., city Attorney Penman returned to the council
meeting and replaced Sr. Assistant City Attorney Barlow.
The Council discussed the need for a traffic study; and
requested that the developer obtain the proper grading permits.
Council Member Reilly made a motion, seconded by Council
Member Miller, that the request to discuss and take possible
action to disallow the driveway approach that has been built at
the concrete pre-casting facility on Fourth Street Rock Cursher's
property between Rialto Avenue and Fourth Street, be tabled.
(Note: There was no vote taken at this time).
It was suggested that staff impose conditions of approval
and request that the applicant be referred to the Planning &
Building Services Department to apply for a development permit.
Council Member Reilly made a substitute motion, seconded by
Council Member Hernandez, that the request to discuss and take
possible action to disallow the driveway approach that has been
built at the concrete pre-casting facility on Fourth street Rock
Crusher's property located between Rialto Avenue and Fourth
Street, be tabled.
The motion carried by the following vote: Ayes:
Members Estrada, Reilly, Maudsley, Minor, Miller. Nays:
Member Hernandez. Absent: Council Member Pope-Ludlam.
Council
Council
RES. 93-130 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AGREEMENT
WITH URS CONSULTANTS, INC. RELATING TO THE PROVISION OF
PROFESSIONAL ENGINEERING DESIGN SERVICES FOR THE
IMPROVEMENT OF TIPPECANOE AVENUE, DEL ROSA AVENUE AND
"C" STREET. (Continued from April 19, 1993) (39)
Council Member Hernandez made a motion, seconded by Council
Member Estrada, that said resolution be adopted.
Concern was expressed that LUdwig Engineering could provide
the scope of services and fee estimate at a reduced cost.
James Manning of Reid & Hellyer, 599 North Arrowhead, San
Bernardino, CA, representing URS Consultants, Inc., stated that
there is a binding contract with the city; and requested that the
City honor the contract and amend the agreement to include the
scope of services.
City Attorney Penman advised the Mayor and Council that
selection of the firm to proyide professional engineering design
services is a policy matter rather than a legal issue.
21
5/10/93
The motion carried by the following vote: Ayes:
Members Estrada, Reilly, Hernandez, Maudsley, Minor,
Nays: None. Absent: Council Member Pope-Ludlam.
council
Miller.
RECESS MEETING
At 12:26 p.m., Mayor Holcomb recessed the meeting until 2:00
p.m., in the Council Chambers of city Hall, 300 North "D" street,
San Bernardino, California.
RECONVENE MEETING
At 2:03 p.m., the adjourned regular meeting of the Mayor and
Common Council reconvened in the Council Chambers of City Hall,
300 North "D" street, San Bernardino, California.
ROLL CALL
Roll call was taken by city Clerk Rachel Clark with the
following being present: Mayor Holcomb; Council Members Reilly,
Hernandez, Maudsley, Minor, Miller; Deputy City Attorney Empeno,
City Clerk Rachel Clark. Absent: Council Members Estrada, Pope-
Ludlam; City Administrator Shauna Clark.
PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 93-01-
AMEND THE SINGLE ROOM OCCUPANCY (SRO) ORDINANCE (47)
This is the time and place set for
consider Development Code Amendment No.
Single Room Occupancy (SRO) Ordinance.
a public hearing to
93-01, to amend the
In a memorandum dated April 23, 1993, Al Boughey, Director
of Planning & Building Services, stated that Development Code
section 19.06.030(2) (S) sets forth the provisions under which SRO
facilities are permitted in the city. Subsection 1 stipulates
that "SROs shall not be located within 250' of a parcel which has
a school for children, adult bookstore or theatre, bar or liquor
store. . .".
Subsection 11 of the SRO Ordinance states that kitchens in
SRO units "shall include a range stove, sink with garbage
disposal and refrigerator". The proposed amendment will broaden
this provision by adding microwaves to the list of allowable
appliances in SRO kitchens. The last portion of the proposed
amendment would make the prohibition on the conversion of motels,
hotels, and apartments to SROs in Subsection 1, a separate
subsection at the end of the ordinance.
On February 4, 1993, the Development Review Committee moved
that the Planning commission recommend to the Mayor and Council
the approval of the proposed amendment but, at the suggestion of
the Police Department, to delete only the reference to "bar" from
Subsection 1 and to leave in "liquor store". The applicant had
requested deletion of both, but did not object to this change.
The proposed amendment would make the SRO Ordinance locational
22
5/10/93
criteria equitable with other provisions of the Development Code
which do not specify a distance requirement between residential
uses and businesses such as bars.
staff believes that the strictly controlled and monitored
ingress and egress requirements for SRO facilities, the required
management plan and security provisions as stipulated by the SRO
Ordinance will provide the means to control any potential
conflicts with an establishment selling alcoholic beverages for
on-site consumption.
The proposed amendment was originally proposed to be exempt
from CEQA because of the general rule in the CEQA guidelines that
CEQA applies only to projects which have the potential for
causing a significant effect on the environment. An initial
study was completed for the proposed amendment, and the analysis
pointed out that the potential impacts on the environment are
non-existent. In addition, the Development Code permits SRO's in
the CR-2, (commercial Regional) and CG-2, (Commercial General)
designations, only with no more than 500 occupants. The proposed
amendment does not change that requirement.
The applicant also filed for a conditional use permit to
construct a 271 room SRO facility on the northwest corner of 5th
and "E" streets and is presently awaiting a public hearing before
the Planning commission. The project site is located across the
street from a bar which is within 250' for the proposed SRO.
The initial study for the development code amendment was
reviewed by the City's Environmental Review Committee on March
25, 1993. The Committee recommended that the proposed negative
declaration be made available for public review. The public
review period on the initial study and the proposed negative
declaration began on April 1, 1993 and ended on April 21, 1993.
No comments on the proposed negative declaration were received.
On April 22, 1993, the Environmental Review Committee recommended
that the Mayor and Council adopt the negative declaration.
Mayor Holcomb opened the hearing.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 19.06, SECTION NO. 19.06.030(2) (S) (1) AND (11)
AND ADDING SECTION NO. 19.06.030 (2) (29) OF THE SAN
BERNARDINO MUNICIPAL (DEVELOPMENT) CODE PERTAINING TO
SINGLE ROOM OCCUPANCY (SRO) FACILITIES. First (47)
Discussion was held relative to the substitution of
microwaves instead of range stoves in the SRO units.
COUNCIL MEMBER ESTRADA RETURNED
At 2:14 p.m., Council Member Estrada
meeting and took her place at the council
returned to the Council
table.
23
5/10/93
The following individuals voiced opposition to the
amendments to the SRO Ordinance:
Jeff Wright, P.O. Box 2341, San Bernardino, CA;
Bill Lemann, 215 North "D" street, San Bernardino, CA;
Loretta Pelman, 550 W. Fifth Street, San Bernardino, CA;
Hilda Rosemary Grady, 550 W. Fifth street, San Bernardino,
CA;
William Barbar, 550 W. Fifth street, San Bernardino, CA;
Nancy Reinhardt, Attorney, representing saint Bernardine' s
Plaza, 215 North "D" Street, San Bernardino, CA;
George Schmit of Catholic Diocese of San Bernardino, 1450 N.
"D" street, San Bernardino, CA;
Herb Clemensen, 3625 Sepulveda, San Bernardino, CA;
Erma Frieder 550 W. Fifth Street, San Bernardino, CA;
Lois Flatt, 550 W. 5th street, San Bernardino, CA;
Annette M. LeBaron, 550 W. 5th Street, San Bernardino, CA;
orpha Vratcher, 550 W. 5th Street, San Bernardino, CA;
Marianne Lowe, 550 W. 5th Street, San Bernardino, CA;
Mr. Van Lynch, 550 W. 5th Street, San Bernardino, CA;
The following citizens spoke in support of the amendment to
the SRO ordinance:
Jack L. Hill, 1033 W. loth Street, San Bernardino, CA;
Gil Lara, applicant, Larcon Development, 330 North "D"
street, suite 110, San Bernardino, CA;
Jerry E. Miller, 599 N. "E" Street, San Bernardino, CA
Philip Sousa, Director of Real Property, Catholic Diocese of
San Bernardino, 1450 North "D" Street, San Bernardino, CAi
Father Ray Rosales, Our Lady of Guadalupe Church, 1430 W.
Fifth Street, San Bernardino, CA;
Garth Mc Ghee, 1930 College Avenue, San Bernardino, CA;
24 5/10/93
Susan Johnson of Larcon Development, San Bernardino, CA;
Mike Coleman, Regional Manager, Automobile Club of Southern
California liD" Street, San Bernardino, CA.
Council Member
Member Reilly, and
closed.
Hernandez made a motion, seconded by Council
unanimously carried, that the hearing be
Discussion was held regarding the proposed amendments to the
SRO ordinance.
COUNCIL MEMBER POPE-LUDLAM ARRIVED
At 3:03 p.m., Council Member Pope-Ludlam arrived and took
her place at the council table.
council Member Hernandez made a motion, seconded by Council
Member Reilly, that the distance requirement be deleted from the
ordinance.
The motion
Members Reilly,
Members Estrada,
carried by the following vote: Ayes:
Hernandez, Minor, Pope-Ludlam. Nays:
Maudsley, Miller. Absent: None.
council
Council
Council Member Maudsley made a motion, seconded by Council
Member Reilly, to uphold the decision of the Planning commission
and to continue the requirement of range stoves in SRO units.
(Note: There was no vote taken at this time).
Discussion was held relative to microwaves being installed
in the SRO units.
Susan Johnson, Larcon Development, 330 North liD" street, San
Bernardino, CA, stated that the purpose of the proposed
development code amendment was to broaden the definition in the
ordinance to include microwaves.
Council Member Maudsley made a substitute motion, seconded
by Council Member Reilly, to approve the requirement of range
stoves in the SRO units.
The
Members
Estrada,
motion failed by the following vote:
Reilly, Maudsley, Miller. Nays:
Hernandez, Minor, Pope-Ludlam. Absent:
Ayes:
Council
None.
Council
Members
council Member Hernandez made a motion, seconded by Council
Member Pope-Ludlam, to require range stoves or microwaves in the
SRO facilities.
25
5/10/93
The motion failed by the following vote: Ayes:
Members Hernandez, Minor, pope-Ludlam. Nays: Council
Estrada, Reilly, Maudsley, Miller. Absent: None.
council
Members
Discussion was held relative to the developer being given
the option to offer a potential occupant a choice of either a
range stove or microwave in the SRO unit.
Council Member Maudsley made a motion, seconded by Council
Member Miller, that the negative declaration, Development Code
Amendment No. 93-01, and the proposed ordinance amending section
19.06.030(2) (S) of the Development Code, be continued to May 24,
1993 with no public testimony, in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
The motion carried by the following vote:
Members Estrada, Reilly, Maudsley, Minor, Miller.
Members Hernandez, Pope-Ludlam. Absent: None.
Ayes:
Nays:
Council
council
RECESS MEETING
At 3:20 p.m., Mayor Holcomb declared a five-minute recess.
RECONVENE MEETING
At 3:26 p.m., Mayor Holcomb reconvened the adjourned regular
meeting of the Mayor and Common Council in the Council Chambers
of city Hall, 300 North "D" street, San Bernardino, California.
ROLL CALL
Roll call was taken by Deputy City Clerk Jones with the
following being present: Mayor Holcomb; Council Members
Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam; Deputy
City Attorney Empeno; Deputy City Clerk Jones, city Administrator
Shauna Clark. Absent: Council Member Miller; city Clerk Rachel
Clark.
CITY CLERK RACHEL CLARK RETURNED
At 3:28 p.m., city Clerk Rachel
Council meeting and replaced Deputy City
Clark returned
Clerk Jones.
to
the
PUBLIC HEARING - CALMAT CAJON CREEK SPECIFIC PLAN NO.
90-01, GENERAL PLAN AMENDMENT NO. 91-18, DEVELOPMENT
CODE AMENDMENT NO. 92-06, CONDITIONAL USE PERMIT NO.
91-31/RECLAMATION PLAN AND TENTATIVE PARCEL MAP NOS.
14106, 14107 AND 14108 CAJON BOULEVARD, BETWEEN
DEVORE ROAD & UNINCORPORATED COMMUNITY OF MUSCOY-
(Discussed later in the meeting. See page 37) (48)
26
5/10/93
This is the time and place set for a public hearing to
consider CalMat Cajon Creek Specific Plan No. 90-01, General Plan
Amendment No. 91-18, Development Code Amendment No. 92-06,
conditional Use Permit No. 91-31/Reclamation Plan and Tentative
Parcel Map Nos. 14106, 14107 and 14108 located on the west side
of Cajon Boulevard, generally between Devore Road, and the
unincorporated community of MUscoy.
In a memorandum dated April 22, 1993, Al Boughey, Director
of Planning & Building Services, stated that the applicant
requests approval of Specific Plan No. 90-01, which proposes to
establish land use districts, permitted uses, development
standards and design guidelines for the CalMat Cajon Creek
project. The Specific Plan and the other related project
applications would provide for the establishment of mineral
extractive, heavy industrial, light industrial and open space
uses with mining-related interim uses on the site. The project
is phased with ultimate build-out anticipated at 25 years for the
light and heavy industrial Uses. The project site, consisting of
1,392 acres of land, is located on the west side of Cajon
Boulevard, between Devore Road and the unincorporated community
of Muscoy.
.-
Planning Director Boughey stated that the project
Environmental Impact Report (EIR) indicated that the project will
result in significant impacts to air quality, biological
resources and land use that cannot be mitigated below a level of
significance. The EIR indicated that the project will result in
cumulative significant impacts to air quality relating to fuel
combustion emissions including vehicular and other sources, and
PM-10 levels and incremental impediment of the ultimate
attainment of clean air standards in the South Coast Air Basin.
Public testimony and concerns presented at the June 16, 1993
Planning commission meeting resulted in an independent review of
the air quality, surface hydrology, biology and visual resources
sections of the EIR. The results of the independent review are
that the conclusions of the EIR are not changed. Findings and
Statements of Overriding Consideration have been prepared for
each significant unavoidable adverse or significant unavoidable
cumulative impact for the approval and adoption of the CalMat
Cajon Creek Project.
Since the February 16, 1993 Planning commission meeting, the
city has received letters from four county of San Bernardino
departments/agencies, the Transportation/Flood Control
Department, Department of Environmental Health Services, Regional
Parks Department and Glen Helen Blockbuster Amphitheater
Entertainment Corporation, which outlined concerns about the
project. Persons testifying at the public hearing on February
16, 1993 expressed concern that the mining project proposed for
27
5/10/93
the site would result in the spread of Valley Fever. During the
pUblic hearing portion of the February 16, 1993 Planning
commission meeting, residents voiced concerns about potential
traffic impacts from rock trucks to caltrans facilities, school
buses, the potential cumulative traffic impacts from the project,
and the impact on the Glen Helen Regional Park Amphitheater.
Based on the public testimony, the Planning commission
recommended that the Mayor and Common Council resolve the issues
related to traffic prior to certification of the EIR, adoption of
the resolution and the ordinance, and approval of the project.
RESOLUTION OF THE CITY OF SAN BERNARDINO CERTIFYING THE
ENVIRONMENTAL IMPACT REPORT; ADOPTING FINDINGS AND
STATEMENTS OF OVERRIDING CONSIDERATION; ADOPTING THE
MITIGATION MONITORING REPORTING PROGRAM; ADOPTING
GENERAL PLAN AMENDMENT NO. 91-18 TO AMEND THE GENERAL
PLAN LAND USE PLAN MAP AND TEXT; AND ADOPTING SPECIFIC
PLAN NO. 90-01 (CALMAT CAJON CREEK PROJECT) TO
ESTABLISH LAND USE DISTRICTS, PERMITTED USES,
DEVELOPMENT STANDARDS AND DESIGN GUIDELINES. (Discussed
later in the meeting. See page 37) (48)
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 19.10 OF THE SAN BERNARDINO MUNICIPAL CODE
(TITLE 19 THE DEVELOPMENT CODE) TO ADD SECTION
19.10.030(5) TO ESTABLISH THE CALMAT CAJON CREEK
SPECIFIC PLAN (SP, SPECIFIC PLAN - CALMAT CAJON CREEK
PROJECT) LAND USE DESIGNATION/ZONE, PERMITTED USES,
DEVELOPMENT STANDARDS AND DESIGN GUIDELINES.
(Discussed later in the meeting. See page 37)
First (48)
Mayor Holcomb opened the hearing.
Al Boughey, Director of Planning & Building Services,
presented background information.
Douglas Sprague, Project Manager, CalMat Co.,
Fernando Road, Los Angeles, CA, stated that a forum
addressing concerns relating to traffic congestion
roads, ground water in the area, noise and dust.
3200
was
on
San
held
local
Mr. Sprague stated that the proposed project would create
industrial manUfacturing jobs requiring skilled and semi-skilled
labor. A community outreach program has already been established
to begin partnerships for job training. Mr. Sprague stated that
if the project is approved, CalMat will enter into a Memorandum
of Understanding with the Northwest project Advisory Committee
for job training. San Bernardino Valley College and CalMat have
agreed to a work partnership to develop job training programs.
28
5/10/93
Mr.
petition
the city
Sprague presented City Clerk Rachel Clark with
containing over 266 signatures from residents living
of San Bernardino, in support of the CalMat project.
a
in
Mr. Sprague presented a document to the Mayor and Council
addressing the proposed job generation plan for the CalMat Cajon
Creek Project.
Robert Hymler, Manager of Special Projects, CalMat San Diego
Region, 3200 San Fernando Road, Los Angeles, CA, spoke concerning
CalMat's experience in mining operations.
Senero Chavez, Project Manager, CalMat, 3200 San Fernando
Road, Los Angeles, CA, addressed concerns relative to CalMat's
commitment to reclaiming wildlife areas.
Pat Allrak, Vice President, CalMat properties, 2455 S. 7th
street, Phoenix, AZ, spoke relative to the proposed use of the
site.
Doug Sprague stated that CalMat has spent over six years
planning this project, and that the Planning & Building Services
Department and the Planning Commission have recommended approval
of the proj ect. Mr. Sprague answered questions regarding the
amount of open space that will become available in the Cajon
Creek wash area.
Concern was expressed that CalMat be required to establish
hiking and equestrian trails.
Discussion ensued relative to the revenue that will be
generated from CalMat' s mining operation; and whether or not
CalMat has plans to annex a portion of the project site into the
Redevelopment project Area of the City.
Mr. Sprague answered questions regarding an extraction tax
on the mining operation; and the timeframe for build-up of the
plant.
Discussion was held regarding the impact of CalMat competing
with other established mining operations.
The following individuals voiced opposition to the CalMat
Cajon Creek Project stating that the mining operation would have
a negative impact on the neighborhood:
Jeff Wright, P.O. Box 2341, San Bernardino, CA;
Brian Biedebach, 3194 N. Macy st. San Bernardino, CA;
Barbara Sky, 6464 Palm Avenue, San Bernardino, CA;
29
5/10/93
Larry Singleton, 26944 Messina Street, Highland, CAi
Bob Diehl, 1535
objected to the mining
development proposal of
South "0"
operations,
CalMat.
Street, San Bernardino, CA,
but supported the industrial
The following individuals expressed support of the calMat
Cajon Creek Specific Plan No. 90-01:
Frank Williams,
Cucamonga, CAi
9227 Haven Avenue,
suite 280, Rancho
Joe Perez, Executive
Councils of San Bernardino
Cadena, Riverside, CAi
Secretary of
and Riverside
the Building Trade
Counties, 1040 La
Mark Brownton, 5486 Industrial Parkway, San Bernardino, CAi
Ted Kauffman, 3770 E. 26th Street, Los Angeles, CAi
Brian Unitt, Attorney,
Lincoln, Riverside, CAi
Olstein,
Taylor & Unitt,
3400
Geraldine Wong, 5794 Christopher, San Bernardino, CAi
Ruben A. Lopez, 631 W. 16th Street, San Bernardino, CAi
William Harrison, 4675 Woodbend Lane, San Bernardino, CAi
Bishop J.E. Steward, 1634 N. Cabrera Avenue, San Bernardino,
CAi
Lola Shiver, 2230 E. Highland Avenue, San Bernardino, CAi
Steve Albright, President, Inland Empire Economic
Partnership, 800 N. Haven, Ontario, CAi
Hans Giroux, Environmental Consultant, Giroux
17744 Sky Park circle, suite 210, Irvine, CA,
concerns relative to wind speeds in the area of
project.
& Associates,
responded to
the proposed
At the consensus of the
relative to CalMat Cajon Creek
continued to later in the meeting.
Council,
Specific
See page
further
Plan No.
37.
discussion
90-01 was
30
5/10/93
PUBLIC HEARING DEVELOPMENT OF A PHASED
PROJECT AT INLAND CENTER MALL - DEVELOPMENT
NO. 91-01 - CONTINUED FROM APRIL 19, 1993
EXPANSION
AGREEMENT
(46)
This is the time and place continued
to consider Development Agreement No.
development of a phased expansion project
to for a public hearing
91-01, to govern the
at Inland Center Mall.
In a memorandum dated April 27, 1993, Al Boughey, Director
of Planning & Building Services, stated that the Mayor and
Council continued Development Agreement No. 91-01, to May 10,
1993 at the request of the applicant.
In a letter dated May 10, 1993, Marlene A. Fox, Law Offices
of Marlene A. Fox, 2031 Orchard Drive, suite 200, Santa Ana
Heights, CA 92707, requested an extension of the continuation
date for Development Agreement No. 91-01.
Mayor Holcomb opened the hearing.
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE
MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
AND ADOPTING THE MITIGATION MONITORING/REPORTING
PROGRAM AND AUTHORIZING THE EXECUTION OF DEVELOPMENT
AGREEMENT NO. 91-01 (INLAND CENTER MALL EXPANSION) (46)
Marlene A. Fox, attorney representing the Carousel Mall
Merchants Association, requested that the public hearing be
continued to June 7, 1993, as she has a conflict which would
prevent her from attending the May 24, 1993 Council meeting.
Mark Ostoich, Gresham, Varner, Savage, Nolan & Tilden, 600
North Arrowhead Avenue, suite 300, San Bernardino, CA, agreed to
continue the public hearing to a date other than May 24, 1993.
Council Member Hernandez made a motion, seconded by Council
Member Pope-Ludlam, that the public hearing on Development
Agreement No. 91-01 to govern the development of a phased
expansion project at Inland Center Mall be continued to June 7,
1993, in the Council Chambers of city Hall, 300 North "0" Street,
San Bernardino, California. (Note: There was no vote taken at
this time).
Mayor Holcomb recommended that the
continued to May 24, 1993, and if Ms. Fox
attend the meeting, the Mayor and Council
when both parties can be present.
public hearing be
is not available to
will set a new date
31
5/10/93
-,
Council Member Minor made a substitute motion, seconded by
council Member Hernandez, and unanimously carried, that the
public hearing on Development Agreement No. 91-01 to govern the
development of a phased expansion project at Inland Center Mall
be continued to May 24, 1993i and that if an agreement has not
been reached, no action will be taken on the matter, and the
hearing will be continued to a future date.
RECESS MEETING
At 5:53 p.m., Mayor Holcomb declared a five-minute recess.
RECONVENE MEETING
At 6:00 p.m., Mayor Holcomb reconvened the adjourned regular
meeting of the Mayor and Common Council in 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 Holcombi Council Members Estrada,
Reilly, Hernandez, Maudsley, Minor, Milleri City Attorney Penman,
City Clerk Rachel Clark, City Administrator Shauna Clark.
Absent: Council Member Pope-Ludlam.
COUNCIL MINUTES
(5)
Council Member Hernandez made a motion, seconded by Council
Member Reilly, and unanimously carried, that the minutes of the
following meeting of the Mayor and Common Council of the City of
San Bernardino, be approved as submitted in typewritten form:
January 20, 1993.
WIDENING OF 40TH STREET, BETWEEN THIRD STREET AND ACRE
LANE - NEGATIVE DECLARATION AND FINDING OF CONSISTENCY
- CIRCULATION ELEMENT OF THE GENERAL PLAN (6)
In a memorandum dated April 22, 1993, Roger Hardgrave,
Director of Public Works/City Engineer, stated that the negative
declaration for Public Works Project No. 93-01, widening of 40th
street, between Third street and Acre Lane was recommended for
adoption by the Environmental Review Committee at its meeting of
March 18, 1993. A 21-day public review period was afforded from
March 25, 1993, to April 15, 1993i and no comments were received.
Council Member Hernandez made a motion, seconded by Council
Member Reilly, and unanimously carried, that the negative
declaration for Public Works Project No. 93-01, widening of 40th
street, between Third Street and Acre Lane, be adoptedi and that
a finding be made that the widening of 40th Street, between Third
street and Acre Lane is consistent with the circulation element
of the General Plan.
32
5/10/93
OUT-OF-STATE TRAVEL LAW ENFORCEMENT EXECUTIVE
DEVELOPMENT SESSION (L.E.E.D.S) - FBI NATIONAL ACADEMY
- QUANTICO, VA - DAN ROBBINS, POLICE CHIEF (7)
In a memorandum dated April 15, 1993, Daniel A. Robbins,
Chief of Police, requested approval for out-of-state travel to
attend a Law Enforcement Executive Development Session
(L.E.E.D.S.) to be held in Quantico, Virginia at the F.B.I.
National Academy from July 11, 1993 through July 23, 1993. The
invitation included costs for air fare, hotel, attendance and
materials to be paid for by the F.B.I. National Academy.
Council Member Hernandez made a motion, seconded by Council
Member Reilly, and unanimously carried, that Chief of Police
Daniel A. Robbins be authorized to attend the L.E.E.D.S. "Law
Enforcement Executive Development Session" presented by the
F.B.I. National Academy in Quantico, Virginia from July 11, 1993
through July 23, 1993.
SAN BERNARDINO GENERAL MUNICIPAL ELECTION RESULTS - MAY
4, 1993 (8)
In a memorandum dated April 22, 1993, city Clerk Rachel
Clark requested that the results of the Municipal General
Election held on May 4, 1993, be declared official. The total
ballots cast in the city of San Bernardino were 18,528:
Mayor
Esther R. Estrada
Tom Minor . . .
Al C. Ballard .
H. Ken Friedman
6,949
8,064
3,040
3
First Ward
David A. Lara .
Edward V. Negrete
591
779
Second Ward
Freddy Curlin . . 856
Dwight D. Borich. 677
Total Ballots cast 18,528
Council Member Hernandez made a motion, seconded by Council
Member Reilly, and unanimously carried, that the results of the
Municipal General Election held on May 4, 1993, as set forth in
the Statement of Votes Cast and Certified, be declared official
as set forth in the document prepared by the city Clerk's Office.
33
5/10/93
APPLY & ACCEPT GRANT
PROGRAM - CHILDREN FOR
RECREATION & COMMUNITY
USDA
SUMMER 1993
SERVICES
SUMMER FOOD SERVICE
- DIRECTOR OF PARKS,
(9)
In a memorandum dated April 19, 1993, Annie F. Ramos,
Director of Parks, Recreation & Community Services, stated that
the federally-funded Summer Lunch Program has been successfully
operated since 1980. During the summer of 1992, 33 serving
stations were established at locations in and around the City of
San Bernardino. An average of 1,680 meals per day were served.
The Summer Lunch Program provides nutritional help to
children who would otherwise be deprived of food assistance
received at other times of the year under the National School
Lunch Program. Meal preparation and delivery are contracted with
the San Bernardino City Unified School District. The program is
fully funded from the USDA Grant and no general funds are
required. Approximately $7,200 in administrative costs are
reimbursed to the city.
Council Member Hernandez, made a motion, seconded by Council
Member Reilly, and unanimously carried, that the Parks,
Recreation & community Services Department Director be authorized
to apply for and accept a grant from USDA for the administration
of the Summer Food Service Program for Children for Summer 1993.
OUT-OF-STATE TRAVEL - 1993 NATIONAL COMMUNITY SERVICE
CONFERENCE - ORLANDO, FLORIDA - JUNE 11 - 15, 1993-
BETTY LEWISON, SR. COMPANION PROGRAM COORD I NATOR-
PARKS, RECREATION & COMMUNITY SERVICES (10)
In a memorandum dated
Director of Parks, Recreation
ACTION has opted not to hold
the State this year. Instead,
Coordinators and Directors
conferences.
April 20, 1993, Annie F. Ramos,
& Community Services, stated that
their own training conferences in
they have recommended that Program
attend various other available
Program Director Betty Lewis has been in the field for many
years. ACTION recommended that she attend the National
Community Service Conference in Orlando, Florida. The goal of
ACTION's training programs is to increase the director's
knowledge and skills and to exchange information and problem
solving strategies among project directors. Expenses for the
conference will be borne by the ACTION Program Budget. There
will be no additional costs to the City.
34
5/10/93
Council Member Hernandez made a motion, seconded by Council
Member Reilly, and unanimously carried, that Betty Lewison,
Senior Companion Program Coordinator, be authorized out-of-state
travel during the period of June 11 through 15, 1993 to attend
the 1993 National Community Service Conference in Orlando,
Florida.
SET PUBLIC HEARING MAY 24, 1993 AT 10:00 A.M.-
VEHICLE IMPOUND COST RECOVERY PROGRAM (11)
In a memorandum dated April 8, 1993, Daniel A. RObbins,
Chief of Police, stated that the City of San Bernardino currently
has an ordinance which allows for the collection of fees for
services. The proposed resolution and ordinance would allow the
collection of fees for administrative costs incurred by the
Police Department for handling towed and stored vehicles. It is
proposed that $38.00 be collected for each vehicle. The Police
Department tows approximately 1,200 vehicles each year, and it is
anticipated that $45,600 in revenues would be generated
annually.
Council Member Hernandez made a motion, seconded by Council
Member Reilly, and unanimously carried, that a public hearing be
set for May 24, 1993, at 10:00 a.m., to discuss the establishment
of fees to recover towing and storage charges on vehicles stored
or impounded by the Police Department.
CITY HALL OPEN HOUSE - MAY 20, 1993 - APPROVAL OF
FUNDING - CIVIC AND PROMOTION FUNDS (12)
In a memorandum dated May 4, 1993, Shauna Clark, city
Administrator, stated that the Ways and Means Committee
recommended approval of $1,500 in civic and Promotional funds to
assist with the City Hall Open House, to be held May 20, 1993.
Council Member Hernandez made a motion, seconded by Council
Member Reilly, and unanimously carried, that the request of the
City Hall Open House Committee for funding assistance in the
amount of $1,500 from civic and Promotion funds to assist with
Open House activities scheduled for May 20, 1993, be approved.
CLAIMS AND PAYROLL
(13)
Council Member Hernandez made a motion, seconded by Council
Member Reilly, and unanimously carried, that the claims and
payroll, and the authorization to issue warrants as listed on the
memorandum dated April 19, 1993, from the Director of Finance, be
approved.
35
5/10/93
PERSONNEL ACTIONS
(14)
Council Member Hernandez made a motion, seconded by Council
Member Reilly, and unanimously carried, that the personnel
actions submitted by the Chief Examiner, dated April 30, 1993, in
accordance with civil service Rules and Personnel Policies
adopted by the Mayor and Common Council of the City of San
Bernardino, be approved and ratified.
RES. 93-131 - 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. (15)
RES. 93-132 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND
COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT
WITH CATHOLIC CHARITIES, INC. DIOCESE OF SAN
BERNARDINO, TO PROVIDE SENIOR AIDES TO CITY WORK SITES.
(16)
RES. 93-133 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AMENDMENT TO LEASE
AGREEMENT WITH RICHARD K. CHURCHWELL AND D. MARLENE
CHURCHWELL, TRUSTEES OF THE CHURCHWELL FAMILY TRUST, TO
LEASE OFFICE SPACE LOCATED AT 1292 W. MILL STREET, UNIT
#1016. (17)
RES. 93-134 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND
BETWEEN INFORMATION FOR PUBLIC AFFAIRS AND THE PUBLIC
SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO. (18)
RES. 93-135 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, "A
RESOLUTION . . .DESIGNATING CERTAIN STREETS OR PORTIONS
THEREOF AS THROUGH HIGHWAYS. . .i" AND PROVIDING THAT
EIGHTH STREET IS A THROUGH HIGHWAY AT ITS INTERSECTION
WITH "K" STREET. (19)
RES. 93-136 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER TO COMPUTERLAND OF UPLAND FOR
THE FURNISHING AND DELIVERY OF ELEVEN (11) EACH, MAC
CLASSIC II 4/40 PERSONAL COMPUTERS, FIVE (5) EACH,
APPLE LASERWRITER PRO-600 PRINTERS AND MAC SOFTWARE, TO
BE UTILIZED BY THE JOB TRAINING PARTNERSHIP ACT PROGRAM
BY S.B.E.T.A. IN ACCORDANCE WITH BID SPECIFICATION F-
93-16. (24)
36
5/10/93
RES. 93-137 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER TO BEND-PAK, INC. FOR THE
FURNISHING AND DELIVERY OF TWO (2) EACH, TWO POST
HYDRAULIC HOISTS AND TWO (2) EACH, FOUR POST HYDRAULIC
HOISTS, TO BE UTILIZED BY THE GARAGE, FLEET DIVISION IN
ACCORDANCE WITH BID SPECIFICATION F-93-12. (25)
RES. 93-138 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER TO MASTERLINE COMPRESSORS FOR
THE FURNISHING AND DELIVERY OF A NEW AIR SYSTEM FOR THE
CONFIRE AIR TRUCK, TO BE UTILIZED BY THE FIRE
DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-93-
11. (26)
RES. 93-139 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
COUNSELING TEAM TO PERFORM COUNSELING SERVICES FOR THE
EMPLOYEES OF THE CITY OF SAN BERNARDINO. (27)
Council Member Hernandez made a motion, seconded by Council
Member Reilly, that said resolutions be adopted.
Resolution Nos. 93-131, 93-132, 93-133, 93-134, 93-135, 93-
136, 93-137, 93-138, and 93-139 were adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Hernandez,
Maudsley, Minor, Miller. Nays: None. Absent: Council Member
Pope-Ludlam.
ORD. MC-871 - ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING CHAPTER 19.28 OF THE SAN BERNARDINO MUNICIPAL
CODE (DEVELOPMENT CODE), TO INCORPORATE WATER
CONSERVATION MEASURES IN THE LANDSCAPING SECTION.
Final (28)
Council Member Hernandez made a motion, seconded by Council
Member Reilly, that said ordinance be adopted.
Ordinance No. MC-871 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley,
Minor, Miller. Nays: None. Absent: Council Member Pope-
Ludlam.
PUBLIC HEARING - CALMAT CAJON CREEK SPECIFIC PLAN NO.
90-01, GENERAL PLAN AMENDMENT NO. 91-18, DEVELOPMENT
CODE AMENDMENT NO. 92-06, CONDITIONAL USE PERMIT NO.
91-31/RECLAMATION PLAN AND THE TENTATIVE PARCEL MAP
NOS. 14106, 14107 AND 14108 - DISCUSSED EARLIER IN THE
MEETING. SEE PAGE 26 (48)
This is the time and place continued to from earlier in the
meeting for a public hearing on CalMat Cajon Creek Specific Plan
No. 90-01, General Plan Amendment No 91-18, Development Code
37
5/10/93
Amendment No. 92-06, Conditional Use Permit No. 91-31/Reclamation
Plan and Tentative Parcel Map Nos. 14106, 14107 and 14108.
RES. 93-140 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CERTIFYING THE ENVIRONMENTAL IMPACT REPORT i ADOPTING
FINDINGS AND STATEMENTS OF OVERRIDING CONSIDERATION i
ADOPTING THE MITIGATION MONITORING REPORTING PROGRAMi
ADOPTING GENERAL PLAN AMENDMENT NO. 91-18 TO AMEND THE
GENERAL PLAN LAND USE PLAN MAP AND TEXT i AND ADOPTING
SPECIFIC PLAN NO. 90-01 (CALMAT CAJON CREEK PROJECT)
TO ESTABLISH LAND USE DISTRICTS, PERMITTED USES,
DEVELOPMENT STANDARDS AND DESIGN GUIDELINES.
(Discussed earlier in the meeting. See page 26) (48)
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 19.10 OF THE SAN BERNARDINO MUNICIPAL CODE
(TITLE 19 THE DEVELOPMENT CODE) TO ADD SECTION
19.10.030 (5) TO ESTABLISH THE CALMAT CAJON CREEK
SPECIFIC PLAN (SP, SPECIFIC PLAN - CALMAT CAJON CREEK
PROJECT) LAND USE DESIGNATION/ZONE, PERMITTED USES,
DEVELOPMENT STANDARDS AND DESIGN GUIDELINES. (Discussed
earlier in the meeting. See page 26) First (48)
The following individuals spoke in support of CalMat Cajon
Creek Specific Plan project:
Antonio Mata, 780 E. 9th Street, San Bernardino, CAi
Mary "suzy" Atanasova, translator for Juan Veloz, Jesus
Gastelum, Mariano Quevedo, Abelardo Veloz, and Geriberto Garcia,
780 E. 9th street, San Bernardino, CAi
Bobby Dye, 1523 Indian Trail, San Bernardino, CAi
Sam Henley, 197 Lupin Trail, San Bernardino, CAi
Joe Greene, 2210 E. Highland Avenue, San Bernardino, CAi
COUNCIL MEMBER POPE-LUDLAM RETURNED
Council Member Pope-Ludlam returned to the Council meeting
and took her place at the council table.
The following individuals voiced opposition to the CalMat
Cajon Creek Project stating that the mining operation would have
a negative impact on the neighborhood:
Valerie Henry, 967 Knoll Street, Devore, CAi
Sue Enkoski, 787 Kimbark Street, Devore, CAi
-
38
5/10/93
Council Member Hernandez made a motion, seconded
Member Pope-Ludlam, and unanimously carried, to
following persons to speak regarding Valley Fever:
by Council
allow the
Leeona Klippstein, P.O. Box 0005, Altadena, CAi
David S. Mitrovich, speaker did not state his addressi
James MUlvihill, California state University of San
Bernardino, 5500 University Parkway, San Bernardino, CAi
The following individuals voiced opposition to the CalMat
Cajon Creek Project:
Tina Rogers, 4287 Cypress Street, San Bernardino, CAi
Jane Ruble Hunt, 2305 22nd Avenue, Muscoy, CAi
Gary Kirby, 1505 Yardley, San Bernardino, CAi
stewart D. Cumming, 4377 N. Cristy Avenue, San Bernardino,
CAi
Mark Mills, 4376 N. Cristy Avenue, San Bernardino, CAi
John stevens, 4097 Pershing Avenue, San Bernardino, CAi
Jacqueline Whited, 2724 Rosarita Street, San Bernardino, CAi
Kathy Yoders, 17520 Greenwood Court, Devore, CAi
Helen Kopczynski, 8150 Cable canyon Road, San Bernardino,
CAi
Craig Henderson, 4597 N. Bronson, San Bernardino, CAi
Bruce Duden, 18570 Grandview Avenue, Devore, CAi
Cathy Duden, 18570 Grandview Avenue, Devore, CAi
George Reese, a resident of Devore, CAi
Dean Schellinger, 4495 san Benito, San Bernardino, CAi
John R. Hoge, 3203 Irvington Avenue, San Bernardino, CAi
Jeffrey Davis, 4495 Don Diego Street, San Bernardino, CAi
Frank Atencio, 20201 5th Avenue, San Bernardino, CAi
39
5/10/93
council Member
Member Miller, and
closed.
Reilly made
unanimously
a motion, seconded
carried that the
by council
hearing be
RECESS MEETING
At 7:46 p.m., Mayor Holcomb declared a five-minute recess.
RECONVENE MEETING
At 7:51 p.m., Mayor Holcomb reconvened the adjourned regular
meeting of the Mayor and Common Council in 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 Holcombi Council Members Estrada,
Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Milleri Deputy
City Attorney Empeno, city Clerk Rachel Clark. Absent: City
Administrator Shauna Clark.
PUBLIC HEARING - CALMAT CAJON CREEK SPECIFIC PLAN NO.
90-01, GENERAL PLAN AMENDMENT NO. 91-18, DEVELOPMENT
CODE AMENDMENT NO. 92-06, CONDITIONAL USE PERMIT NO.
91-31/RECLAMATION PLAN AND THE TENTATIVE PARCEL MAP
NOS. 14106, 14107 AND 14108 - DISCUSSED EARLIER IN THE
MEETING. SEE PAGE 26 (48)
This is the time and place continued to from earlier in the
meeting for a public hearing on CalMat Cajon Creek Specific Plan
No. 90-01, General Plan Amendment No 91-18, Development Code
Amendment No. 92-06, Conditional Use Permit No. 91-3l/Reclamation
Plan and Tentative Parcel Map Nos. 14106, 14107 and 14108.
RES. 93-140 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CERTIFYING THE ENVIRONMENTAL IMPACT REPORT i ADOPTING
FINDINGS AND STATEMENTS OF OVERRIDING CONSIDERATION i
ADOPTING THE MITIGATION MONITORING REPORTING PROGRAMi
ADOPTING GENERAL PLAN AMENDMENT NO. 91-18 TO AMEND THE
GENERAL PLAN LAND USE PLAN MAP AND TEXTi AND ADOPTING
SPECIFIC PLAN NO. 90-01 (CALMAT CAJON CREEK PROJECT)
TO ESTABLISH LAND USE DISTRICTS, PERMITTED USES,
DEVELOPMENT STANDARDS AND DESIGN GUIDELINES.
(Discussed earlier in the meeting. See page 26) (48)
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 19.10 OF THE SAN BERNARDINO MUNICIPAL CODE
(TITLE 19 THE DEVELOPMENT CODE) TO ADD SECTION
19.10.030 (5) TO ESTABLISH THE CALMAT CAJON CREEK
SPECIFIC PLAN (SP, SPECIFIC PLAN - CALMAT CAJON CREEK
PROJECT) LAND USE DESIGNATION/ZONE, PERMITTED USES,
DEVELOPMENT STANDARDS AND DESIGN GUIDELINES. (Discussed
earlier in the meeting. See page 26) First (48)
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City Clerk Rachel Clark received several petitions in
opposition to CalMat Cajon Creek Specific Plan which were signed
by homeowners and residents of the Cimarron Ranch Housing
Development; homeowners and residents of San Bernardino and
Riverside counties; residents living in the City of San
Bernardino; and petitions in support of the project.
A discussion was held relative to Valley Fever and the
necessity of an Environmental Impact Report on the project.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Reilly, that the resolution be adopted that
certifies the EIR, adopts findings and statements of overriding
consideration, approves the Mitigation Monitoring Program,
approves General plan Amendment No. 91-18, to change the land
use designation to the specific plan, approves the Specific Plan
No. 90-01 to establish land use districts, permitted uses,
development standards and design guidelines for the CalMat Cajon
Creek Project; that said ordinance be laid over for final
adoption, which approves Development Code Amendment No. 92-06, to
add the Specific Plan No. 90-01 to the Development Code; and that
Conditional Use Permit No. 91-31/Reclamation Plan and Tentative
Parcel Map Nos. 14106, 14107, and 14108, be adopted.
The motion carried and
the following vote: Ayes:
Minor, Pope-Ludlam. Nays:
Miller. Absent: None.
Resolution No. 93-140 was adopted by
Council Members Reilly, Maudsley,
Council Members Estrada, Hernandez,
CONTINUATION OF REMAINING AGENDA ITEMS
At the consensus of the Council, the fOllowing agenda items
were continued to May 13, 1993 in the Council Chambers of city
Hall, 300 North "0" Street, San Bernardino, California:
RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A
PURCHASE ORDER TO SEAGRAVES FIRE APPARATUS, INC., FOR
THE FURNISHING AND DELIVERY OF ONE FIRE-PUMPER TRUCK TO
BE UTILIZED BY THE FIRE DEPARTMENT IN ACCORDANCE WITH
BID SPECIFICATION F-92-17. (S-l)
REQUEST FOR CLOSED SESSION TO DISCUSS PENDING
LITIGATION (S-2)
Shafe vs. ICON/citv of San Bernardino - San Bernardino superior
Court Case No. 251025;
Skiles vs. C. L. Pharris/Citv of San Bernardino - San Bernardino
Superior Court Case No. 258828.
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTION 10.52.020 OF THE SAN BERNARDINO MUNICIPAL CODE
ESTABLISHING A THIRTY-FIVE MILE PER HOUR SPEED ZONE ON
ROSEWOOD DRIVE BETWEEN ORCHARD DRIVE AND TIPPECANOE
AVENUE. First (40)
DISCUSS AND TAKE POSSIBLE ACTION RELATIVE TO REJECTION
OF BID - POOL FILTRATION SYSTEM - MAYOR HOLCOMB (42)
ESTABLISH NEW CLASSIFICATION
TRAFFIC ASSISTANT
CATV PROGRAMMING/
(43)
AUTHORIZE PREPARATION OF DEVELOPMENT CODE AMENDMENT-
ALLOW CHAIN LINK FENCES (RE, RESIDENTIAL ESTATES) (RL,
RESIDENTIAL LOW) (RS, RESIDENTIAL SUBURBAN) IN
PARTICULAR CIRCUMSTANCES - COUNCIL MEMBER POPE-LUDLAM
(44)
AUTHORIZE PREPARATION OF GENERAL PLAN AMENDMENTS &
DEVELOPMENT CODE - PERMITTING AUTO BODY AND PAINT SHOPS
(CG, COMMERCIAL GENERAL LAND USE DESIGNATIONS - COUNCIL
MEMBER ESTRADA (45)
RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A
CONTRACT TO MENTONE TURF SUPPLY FOR MAINTENANCE OF
LANDSCAPING IN ASSESSMENT DISTRICT NO. 959. (20)
RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND
DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE PROPOSED MAINTENANCE OF LANDSCAPING IN THE
AREA OF PEPPER AVENUE AND RANDALL AVENUE, CREATING AN
ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID
MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 1007,
ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT,
INVESTIGATION AND LIMITATION ACT OF 1931 DOES NOT
APPLY. (21)
RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A
CONTRACT TO MENTONE TURF SUPPLY FOR MAINTENANCE OF
LANDSCAPING IN ASSESSMENT DISTRICT NOS. 976, 991 AND
997. (22)
RESOLUTION OF
CONTRACT TO
LANDSCAPING IN
THE CITY OF SAN BERNARDINO AWARDING A
EXCEL LANDSCAPE FOR MAINTENANCE OF
ASSESSMENT DISTRICT NOS. 993 AND 1005.
(23)
UPDATE ON LITIGATION EXPENSES TO DATE AND RELATED
MATTERS - CITY ATTORNEY PENMAN (38)
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PERSONNEL ACTION
KATHRYN MONTGOMERY
APPOINTMENT OF LEGAL SECRETARY-
(S-3)
ADJOURNMENT (49)
At 8:21 p.m., the adjourned regular meeting of the Mayor and
Common Council adjourned to Thursday, May 13, 1993 at 9:00 a.m.,
in the Council Chambers of city Hall, 300 North "0" street, San
Bernardino, California.
RACHEL CLARK
City Clerk
City Clerk
No. of Items: 67
No. of Hours: 10 hrs. 18 min.
-
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