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HomeMy WebLinkAbout07-06-1993 Minutes MINUTES MAYOR AND COMMON COUNCIL CITY OF SAN BERNARDINO REGULAR MEETING JULY 6 1993 COUNCIL CHAMBERS The regular meeting of the Mayor and Common Council of the city of San Bernardino was called to order by Mayor Minor at 8:05 a.m., Tuesday, July 6, 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 Minor; Council Members Negrete, Curlin, Hernandez, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Oberhelman. *Fifth Ward Office Vacant CLOSED SESSION At 8:05 a.m., the Mayor and Common Council and Development Commission recessed to closed session following: (1) Community for the a. to confer with the attorney regarding pending litigation pursuant to Government Code section 54956.9(b) (1), as there is significant exposure to litigation; b. based on existing facts 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); 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; 1 7/6/93 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: San Bernardino & Rialto Firefiqhters. Local 891. International Association of Fire Fiqhters vs. city of San Bernardino. et al- San Bernardino Superior Court Case No. SCV 04574; Julie M. Thompson vs. city of San Bernardino. et al - united states District Court Case No. SA CV92-888 GT (RWRx); City Attorney Penman announced that the following additional cases would be discussed in closed session: Charles MurphY vs. city of San Bernardino. et al - united states District Court Case No. 91-732 GLT (RWRx); Thomas Armendariz. et al vs. James F. Penman. et al - united States District Court Case No. 91-5757 CBM (JRx); citv of San Bernardino vs. San Manuel Band of Mission Indians- united States District Court Case No. 85-6899 WJR (Bx). CLOSED SESSION At 8:06 a.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 2 7/6/93 .~ ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Oberhelman. *Fifth Ward Office Vacant Also present: Sr. Assistant City Attorney Morillo, Margaret Scroggin, Administrative Operations Supervisor, Diane Roth, Deputy city Attorney, city Attorney's Office. READING OF RESOLUTIONS AND ORDINANCES Deputy city Clerk Jones read the titles of resolutions and ordinances on the regular and Development Commission agendas while the Council was session. all the Community in closed COUNCIL MEMBER OBERHELMAN ARRIVED At 8:20 a.m., Council Member Oberhelman arrived at the closed session. DEPUTY CITY ATTORNEY RHEMREV ARRIVED At 8:26 a.m., Deputy city Attorney Rhemrev arrived at the closed session. DEPUTY CITY ATTORNEY ROTH EXCUSED At 8:29 a.m., Deputy City Attorney Roth left the closed session. DEPUTY CITY ATTORNEY RHEMREV EXCUSED At 8:40 a.m., Deputy city Attorney Rhemrev left the closed session. DEPUTY CITY ATTORNEY EMPENO ARRIVED At 8:40 a.m. Deputy city Attorney Empeno arrived at the closed session. CLOSED SESSION ADJOURNED At 8:59 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 9:02 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 3 7/6/93 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Miller; City Attorney Penman; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Pope-Ludlam. *Fifth Ward Office Vacant INVOCATION The invocation was given by Chaplain Major Mike O'Donnell, Norton Air Force Base. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Curlin. ANNOUNCEMENT - MAYOR MINOR (2) Mayor Minor announced Mayor and Common Council relating to the development of San Bernardino. that while in closed accepted an agreement of a highrise structure session, the with Rancon in the city ANNOUNCEMENT - COUNCIL MEMBER CURLIN (2) Council Member Curlin violence in the City; and Police to enhance security Hall. spoke concerning the increase of pledged to work with the Chief of in public facilities including city ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ (2) Council Member Hernandez commended the downtown business community for their efforts in supporting Rancon' s proposal to develop a highrise building in the city. Mr. Hernandez voiced concern regarding allegations that the new council would consider eliminating the rent control policy in the city. COUNCIL MEMBER At 9:09 a.m., Council meeting and POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived took her place at the council table. at the ANNOUNCEMENT - COUNCIL MEMBER OBERHELMAN (2) Council Member Oberhelman commended Council Member Miller, the Inland Empire Symphony, and the Parks, Recreation and Community Services Department for their efforts in organizing the Fourth of July celebration at Seccombe Lake Park. 4 7/6/93 ANNOUNCEMENT - COUNCIL MEMBER POPE-LUDLAM (2) Council Member Pope-Ludlam commended Council Member Miller for her support in the Fourth of July celebration at Seccombe Lake Park. ANNOUNCEMENT - COUNCIL MEMBER MILLER (2) council Member Miller announced that the Fourth of July celebration held at Seccombe Lake Park would be re-broadcast on Channel 3 during July 6, 1993 through July 9, 1993. CITY ADMINISTRATOR SHAUNA CLARK EXCUSED At 9:12 a.m., City Administrator Shauna Clark left the Council meeting and was replaced by Assistant City Administrator Fred Wilson. PUBLIC COMMENTS - JEFF WRIGHT (3) Jeff Wright, P.O. Box 2341, San Bernardino, CA, voiced concern regarding the posting of the Mayor and Council agendas. Mr. Wright inquired as to why the meeting held with Rancon Development and the Downtown Business Merchants Association on Saturday, June 12, 1993 was not an open meeting; and why the Orange Show Road construction project was not discussed in a public meeting. city Attorney Penman answered questions regarding the meeting with Rancon and the Downtown Business Merchants. PUBLIC COMMENTS - GARY KIRBY (3) Gary Kirby, 1505 Yardley, San Bernardino, CA, voiced concern that campaign signs have not been removed throughout the City, as required by the San Bernardino Municipal Code; and announced his candidacy for the Fifth Ward Office. A discussion was candidates to campaign Council's agenda. held relative to City policy allowing during the public comments portion of the ANNOUNCEMENT - MARK EDWARDS (3) Mark requested ordinance Corporate Edwards, 599 N. Arrowhead, San to speak on agenda Item No. 37, amending Title 19, The Development Centre Overlay District. (See page 16) Bernardino, CA, relative to the Code TriCity 5 7/6/93 APPOINTMENTS (4) In memoranda dated June 28, 1993 and June 30, 1993, Council Members Negrete, Curlin, Hernandez and Mayor Minor respectively, requested that the following appointments be approved: Council Member Negrete - First Ward: Animal Advisory Commission - Nancy De La Torre Central City Parking Place Commission - Jerry E. Miller council Member curlin - Second Ward: Animal Advisory Commission - Jun C. Dumlao Building Commission - Carol A. Thrasher Bureau of Franchises - Bob Lien Central City Parking Place Commission - william W. crump Community Television Committee - John Joseph Cone Fine Arts Commission - Helen M. Carlson Fire Commission - Charlie Jimenez Main Street Advisory Board - W.C. "Bill" Lemann Planning commission - Paul E. Chaney Jeff Wright, P.O. Box 2341, San Bernardino, CA, objected to the appointment of Leo Cash, Jr. to the Building Commission. council Member Hernandez - Third Ward: Community Television Commission - Linnie E. Kam Senior Affairs Commission - William J. Bell, Jr. Mayor Minor: Fire Commission - Robert Van Orden & Everett White, Jr. Bureau of Franchises - William c. Payne Parks and Recreation - Jim Williams Planning commission - Robert L. Stone & vincent P. Gaffney, Alternate 6 7/6/93 senior Affairs - Marilyn J. Gilbert & Fay Rodgers Police commission - David L. Thomas & Jane Lorenz Animal Control - James L. Lorenz & Margo Tannenbaum Building Commission - Benjamin Gonzales & Leo Cash, Jr. Central city Parking Place Commission - James A. Davis & Salvatore F. Catalano community Development citizen Advisory Committee Patsy McDaniel, Joan V. Johnson & Jean F. Andersen civil service commission - Oscar C. Gonzalez Fine Arts Commission - Scot Neudorff Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, and unanimously carried, that the appointments be approved as recommended by Council Member Negrete, Council Member Hernandez, Council Member Curlin, M.D., and Mayor Tom Minor. Inland Council Council Council Valley Member Member Member Development Agency Hernandez Pope-Ludlam Miller, Alternate Mayor Tom Minor-- San Bernardino International Airport Authority -- Council Member Curlin Council Member Oberhelman, Alternate At the consensus of the Mayor and Council, to the Inland Valley Development Agency and International Airport Authority were continued meeting. (See page 13) the appointments San Bernardino to later in the City Clerk Rachel Clark gave the Oath of Office to each commission/committee appointee. WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (5) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and community Development Commission agendas, be waived. 7 7/6/93 COUNCIL MINUTES (6) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, 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: April 5, 1993. CHANGE ORDER NO. ONE COMPENSATION TO CONTRACTOR- IMPROVEMENT OF DEL ROSA AVENUE, FROM DATE STREET TO CARPENTER STREET - RANCO CORPORATION (7) In a memorandum dated June 15, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for improvement of Del Rosa Avenue, between Date Street and Carpenter street, directed the contractor to remove a portion of the existing pavement. During the removal operation, pavement up to 15 inches thick was encountered. A request for additional compensation was submitted by the contractor, due to the extra work involved in breaking up, loading and disposing of the thicker than normal pavement. A price of $3,706.36 was negotiated to compensate the contractor for removing the 434 tons of asphalt concrete. In addition, a price of $3,630 was negotiated to compensate the contractor for the extra 30 hours needed to break up the pavement. The low bid contained a lump sum price of $2,200 for roadway excavation. since the pavement was thicker than expected, less dirt had to be excavated to reach the design subgrade elevation. Negotiations with the contractor included a reduction of the lump sum price for roadway excavation, from $2,200 to $1,100. striping was to be done under Bid Item No. 15, for the low bid lump sum price of $2,000. Traffic signals were to be installed, at the intersection of Del Rosa Avenue and Date street, by the developer of an adjoining parcel. striping was included in this project, but was different than the striping shown on the plans for the improvement of Del Rosa Avenue. The contractor was therefore directed not to install the striping. The low bid price of $2,000 for striping was included in the change order negotiated with the contractor as a credit. Approval of this change order would have increased the contract price from $40,001.15 to $44,237.51. However, the contractor declined to sign the change order. A claim for additional compensation of $12,432.06 was submitted by Ranco' s attorney. The City Attorney's Office has negotiated a settlement with the contractor's attorney for a reduction of $550 in credit for roadway excavation, instead of the $1,100 originally negotiated. 8 7/6/93 council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that Change Order No. One to the contract with Ranco Corporation, for improvement of Del Rosa Avenue, from Date street to Carpenter street, in accordance with Plan No. 8575, be approved; to compensate the contractor for extra thick asphalt concrete, deletion of striping, and settlement of all outstanding claims, for a net increase in the contract price of $4,786.36, from $40,001.15 to $44,787.51. CLAIMS AND PAYROLL (8) council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated June 29, 1993 from the Director of Finance, be approved. RES. 93-214 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA TO IMPLEMENT A COMPRESSED NATURAL GAS FUELED VEHICLE PROJECT. (10) RES. 93-215 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING APPROVAL OF A LETTER AGREEMENT WITH MUNI FINANCIAL SERVICES (MFS) FOR 1915 ACT ASSESSMENT DISTRICT AND COMMUNITY FACILITIES DISTRICT ADMINISTRATION AND APPOINTMENT OF A TRUSTEE FOR THE BONDHOLDERS RELATIVE TO THE COLLECTION OF DELINQUENT ASSESSMENT TAXES. (11) RES. 93-216 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENTS AND IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF PUBLIC NUISANCES. (Building Abatements) (12) RES. 93-217 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF LOMA LINDA RELATING TO THE JOINT USE OF THE CITY OF SAN BERNARDINO'S HEARING OFFICER SERVICES, IN ACCORDANCE WITH ASSEMBLY BILL 408. (14) RES. 93-218 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF REDLANDS RELATING TO THE JOINT USE OF THE CITY OF SAN BERNARDINO'S HEARING OFFICER SERVICES, IN ACCORDANCE WITH ASSEMBLY BILL 408. (15) 9 7/6/93 RES. 93-219 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PARTICIPATION OF THE SAN BERNARDINO POLICE DEPARTMENT IN THE SERIOUS HABITUAL OFFENDER PROJECT ADMINISTERED BY THE OFFICE OF CRIMINAL JUSTICE PLANNING. (16) RES. 93-220 - 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. (Weed Abatement) (17) RES. 93-221 - RESOLUTION OF THE CITY OF SAN BERNARDINO GRANTING AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, OVER CITY-OWNED PROPERTY LOCATED ON THE SOUTH SIDE OF HIGHLAND AVENUE, EAST OF VALENCIA AVENUE, FOR NEW ELECTRICAL TRANSFORMER FOR PERRIS HILL PARK SWIMMING POOL. (18) RES. 93-222 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF LEASE WITH COMCAST CABLEVISION, INC., RELATING TO CERTAIN REAL PROPERTY SITUATED AT THE NORTHWEST CORNER OF HIGHLAND AVENUE AND ORANGE STREET, IN SAN BERNARDINO. (19) RES. 93-223 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MONNIG DEVELOPMENT, INC., RELATING TO REIMBURSEMENT OF COSTS FOR IMPROVEMENT OF PIEDMONT DRIVE IN TRACT NO. 13470 AND DESIGN SERVICES FOR BOX CULVERT AND TRAFFIC SIGNALS IN THE VERDEMONT AREA. (20) RES. 93-224 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 951, LANDSCAPING CONSTRUCTION AND MAINTENANCE DISTRICT, WAGONWHEEL ROAD AREA. (21) RES. 93-225 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 952, LANDSCAPING CONSTRUCTION AND MAINTENANCE, STATE COLLEGE PARKWAY (UNIVERSITY PARKWAY) AREA. (22) RES. 93-226 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 953, LANDSCAPING MAINTENANCE, SIXTEENTH STREET, BETWEEN MEDICAL CENTER DRIVE (MUSCOTT STREET) AND CALIFORNIA STREET. (23) 10 7/6/93 RES. 93-227 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 976, LANDSCAPING MAINTENANCE, PINE AND BELMONT AREA. (24) RES. 93-228 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 986, LANDSCAPING MAINTENANCE, RIALTO AND MACY AREA. (25) RES. 93-229 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 989, LANDSCAPING AND SEWER LIFT STATION MAINTENANCE, MILL AND MACY AREA. (26) RES. 93-230 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 990, HIGHLAND AND ARDEN SECURITY AND MAINTENANCE DISTRICT. (27) RES. 93-231 - RESOLUTION OF THE CITY OF SAN CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR DISTRICT NO. 991, LANDSCAPING MAINTENANCE, AND OLIVE AREA. BERNARDINO ASSESSMENT VERDEMONT (28) RES. 93-232 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 993, LANDSCAPING MAINTENANCE, SOUTHWEST OF CAJON BOULEVARD AT JUNE STREET. (29) RES. 93-233 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 997, LANDSCAPING MAINTENANCE, PORTION OF VACATED CHESTNUT AVENUE, BETWEEN IRVINGTON AVENUE AND OHIO AVENUE. (31) RES. 93-234 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1001, LANDSCAPING MAINTENANCE, IN THE PENNSYLVANIA AND BIRCH AREA. (32) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolutions be adopted. Resolution Nos. 93-214, 93-215, 93-216, 93-217, 93-218, 93- 219, 93-220, 93-221, 93-222, 93-223, 93-224, 93-225, 93-226, 93- 227, 93-228, 93-229, 93-230, 93-231, 93-232, 93-233, and 93-234 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. *F~fth Ward Office Vacant 11 7/6/93 PERSONNEL ACTIONS (9) Council Member Miller made a motion, seconded by Council Member Oberhelman, that the personnel actions submitted by the Chief Examiner dated June 24, 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. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Pope-Ludlam, Miller. Nays: None. Abstain: Council Member Hernandez. Absent: None. *Fifth Ward Office Vacant RES. 93-235 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE RISK MANAGEMENT DEPARTMENT TO PROVIDE AN IMPARTIAL HEARING OFFICER FOR THE REVIEW OF CONTESTED PARKING VIOLATIONS, IN ACCORDANCE WITH AB 408. (13) Discussion was held relative to the reimbursement provisions for providing impartial hearing officer services. city Administrator Shauna Clark stated that each participating city will reimburse the City for costs incurred. Jeff Wright, P.O. Box 2341, San Bernardino, CA, voiced concern that the program included hearings for individuals that have had their vehicles impounded by the Police Department. Council Member Miller made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 93-235 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Miller. Nays: Council Member Pope-Ludlam. Absent: None. *Fifth Ward Office Vacant RES. 93-236 - RESOLUTION OF THE CITY OF SAN CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR DISTRICT NO. 994, CITY-WIDE STREET LIGHTING SWEEPING ASSESSMENT DISTRICT. BERNARDINO ASSESSMENT AND STREET (30) Jeff wright, P.O. Box 2341, San Bernardino, CA, voiced opposition to Assessment District No. 994. City Administrator Shauna residents living in homeowner Assessment District No. 994. Clark explained the benefits associations receive through Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. 12 7/6/93 Resolution No. 93-236 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Pope-Ludlam, Miller. Nays: Council Member Hernandez. Absent: None. *Fifth Ward Office Vacant RES. 93-237 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO AZUSA WHITEGMC FOR THE FURNISHING AND DELIVERY OF A ROLLOFF TRUCK CAB AND CHASSIS ONLY, TO BE UTILIZED BY THE PUBLIC SERVICES/REFUSE DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-93-17. (33) Jeff Wright, P.O. Box 2341, San Bernardino, CA, voiced concern that the rolloff truck should be equipped with multiple bins for recycling. City Administrator Shauna Clark stated that the City is currently implementing a recycling pilot program. Council Member Miller made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 93-237 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: None. *Fifth Ward Office Vacant APPOINTMENTS SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY & INLAND VALLEY DEVELOPMENT AGENCY - (CONTINUED FROM EARLIER IN THE MEETING. SEE PAGE 7) (4) This is the time and place to consider the appointments of Mayor Minor to the San Bernardino International Airport Authority. Discussion ensued relative to the appointments to the San Bernardino International Airport Authority. council Member Hernandez made a motion, seconded by Council Member Negrete, to approve Mayor Tom Minor's appointments of Council Member Curlin and Council Member Oberhelman, as alternate member, to the San Bernardino International Airport Authority. (Note: There was no vote taken at this time.) Council Member Oberhelman stated he preferred not to be the alternate member to the San Bernardino International Airport Authority due to time constraints. r-.. 13 7/6/93 council Member Hernandez amended his motion, seconded by Council Member Negrete, that Mayor Tom Minor and Council Member Curlin be appointed to the San Bernardino International Airport Authority. The motion failed by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez. Nays: Council Member Oberhelman, Pope-Ludlam, Miller. Absent: None. *Fifth Ward Office Vacant (Note: The appointments to the San Bernardino International Airport Authority remain status quo) council Member Miller made a motion, seconded by Council Member Negrete, that the appointments of Council Member Hernandez, Council Member Pope-Ludlam, Council Member Negrete, Mayor Tom Minor, and Council Member Miller, as alternate, to the Inland Valley Development Agency, be approved. (Note: There was no vote taken at this time.) Discussion was held relative to the qualifications of potential Inland Valley Development Agency members. Jeff Wright P.O. Box 2341, support that Council Member Curlin Development Agency; and inquired appointed to the Agency. San Bernardino, CA, voiced remain on the Inland Valley why there were no females Council Member Negrete withdrew his second to the motion. council Member Miller made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the appointments to the Inland Valley Development Agency be continued to a future date. RECESS MEETING At 10:15 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 10:25 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council in the Council Chambers of city Hall, 300 North "D" street, San Bernardino, California. ROLL CALL Roll call was taken by city Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller; City Attorney Penman; city Clerk Rachel Clark; City Administrator Shauna Clark. Absent: None. *Fifth Ward Office Vacant 14 7/6/93 HUMAN RELATIONS COMMISSION PROPOSAL - DAVID KENNEDY, CITY TREASURER (41) In a memorandum dated June 22, 1993, Mayor Tom Minor requested consideration of the proposal by City Treasurer David Kennedy to establish a Human Relations Commission in the City of San Bernardino. David Kennedy, City Treasurer, 505 E. Ralston, San Bernardino, CA, submitted a proposal dated June, 1993, to establish a Human Relations Commission to assure that all citizens of San Bernardino are made aware of their rights and responsibilities related to the reduction and elimination of prejudice based on race, religion, national origin, gender, age, disability or sexual orientation. The composition of the commission would include a minimum of nine registered voters in the City: be representative of minority and protected groups as well as have credibility within the ethnic groups in the community; be committed to the principle of equal opportunity for all people and have the ability to function harmoniously within a heterogeneous group; and that the commission include a High School youth representative. The cost to the City would involve a city employee's time to take minutes and send out meeting notices; however, the commission could appoint a volunteer member to accomplish this task. It is suggested that the City Council consider the appointment of a Council and/or staff liaison to work with the committee. The benefits of establishing a Human Relations commission would result in: fewer grievances and problems presented to council members; make San Bernardino more competitive with other large counties and cities to attract new businesses; promote racial harmony and reduce racial tensions; promote and support the intercultural interracial community; provide a healthy avenue to manage complaints and grievances; allow for a celebration of di versi ty; and provide a service to unify the City in a common set of principles and ethics. Discussion was held relative to the disbanding of the previous Human Relations Commission. Jeff Wright P.O. Box 2341, San Bernardino, CA, stated that the proposed Human Relations Commission should not contain a sunset clause. 15 7/6/93 -.., council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the suggestion made by David Kennedy, ci ty Treasurer, to create a Human Relations Commission be referred to the Legislative Review committee and brought back August 2, 1993 in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. ORD. MC-881 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE SAN BERNARDINO MUNICIPAL CODE (TITLE 19 - THE DEVELOPMENT CODE) TO ADD CHAPTER 19.11 TCC (TRICITY CORPORATE CENTRE OVERLAY) DISTRICT WHICH PROVIDES FOR THE IMPLEMENTATION OF THE TRICITY CORPORATE CENTRE LAND USE PLAN AND DESIGN GUIDELINES. Final (37) Mark Edwards, 599 N. Arrowhead Avenue, San Bernardino, CA, attorney representing the San Bernardino Downtown Businessmen Association, spoke in support of the ordinance and commended Rancon Development for an outstanding job during negotiations. Mark Ostoich, stated that Rancon ordinance. attorney representing Rancon Development has agreed to Development, endorse the Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that said ordinance be adopted. Sam Catalano, Carousel Mall, 295 Third Street, San Bernardino, CA, thanked the Mayor and Council and Rancon Development for their support during negotiations. Jeff Wright, P.O. Box 2341, San Bernardino, CA, concern that negotiations were held without public input. voiced Ordinance MC-881 was adopted by the following vote: Council Members Negrete, Curlin, Hernandez, Oberhelman, Ludlam, Miller. Nays: None. Absent: None. *Fifth Ward Vacant Ayes: Pope- Office PUBLIC HEARING - IMPOSE LIENS - UNCOLLECTED BUSINESS REGISTRATION FEES (34) This is the time and place set for a public hearing to consider imposing liens on property located within the city for uncollected business registration fees. In a memorandum dated June 17, 1993, Rachel Clark, City Clerk, requested authorization to impose liens on properties for uncollected business registration fees. Mayor Minor opened the hearing. 16 7/6/93 RES. 93-238 - 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 Exhibit "A" of the resolution needs to be amended to delete property located at 1557 North "E" Street. Council Member Miller made a motion, seconded by Council Member Oberhelman, that the hearing be closed; and that said resolution be adopted as amended to delete property located at 1557 North "E" street, in Exhibit "A" of the resolution. The motion carried, and Resolution No. 93-238 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Miller. Nays: Council Member Pope-Ludlam. Absent: None. *Fifth Ward Office Vacant RECONSIDER DEMOLITION PROPOSAL REVIEW NO. PLATT BUILDING (CONTINUED FROM MAY 24, DISCUSSED LATER IN THE MEETING - SEE PAGE 26) 90-02 1993- (35) This is the time and place continued to Demolition Proposal Review No. 90-02, Platt Building. reconsider Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that the matter be brought back in the afternoon session of the Council meeting. (See page 26) RES. 93-239 - RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THAT PROTESTS BY PROPERTY OWNERS OWNING LESS THAN FIFTY PERCENT (50%) OF THE ASSESSED VALUE OF THE TERRITORY PROPOSED TO BE ANNEXED HAVE BEEN FILED AND ORDERING ANNEXATION NO. 354 (LAFCO 2743) FOR THE TERRITORY GENERALLY LOCATED SOUTH OF SIXTH STREET, WEST OF PEDLEY ROAD, AND DETACHMENT FROM CSA 38, CSA 38 IMPROVEMENT ZONE G, CSA 38 IMPROVEMENT ZONE L, CSA 70, CSA 70 IMPROVEMENT ZONE A AND CSA SL-1. (Continued from June 21, 1993) (36) Discussion ensued relative to the request received from the city of Riverside to annex the territory located south of Sixth Street, west of Pedley Road into the city of San Bernardino. It was pointed out that the territory located within the proposed annexation is in the Inland Valley Development Agency area and would help to square off the boundaries in the City of San Bernardino. 17 7/6/93 Gary Kirby, 1505 Yardley, San Bernardino, CA, voiced opposition to the proposed annexation. council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 93-239 was adopted by the following vote: Ayes: Council Members Negrete, Oberhelman, Pope-Ludlam, Miller. Nays: Council Members Curlin, Hernandez. Absent: None. *Fifth Ward Office Vacant RECESS MEETING At 11:02 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 11:09 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by city Clerk Rachel Clark with the following being present: Mayor Minor; council Members Negrete, Hernandez, Oberhelman, Pope-Ludlam, Miller; city Attorney Penman, City Clerk Rachel Clark. Absent: Council Member Curlin; city Administrator Shauna Clark. *Fifth Ward Office Vacant COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:09 a.m., Chairman Minor called the Community Development Commission regular meeting to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 93-240 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH ALLAN D. SMITH, BANKRUPTCY TRUSTEE SUCCESSOR TO H. FRANK DOMINGUEZ, DBA VANIR RESEARCH COMPANY AND DAVID D. MILLER & DENYSE M. MILLER, AND REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO RELATING TO PUBLIC PARKING SPACES AND REPEALING RESOLUTION NO. 93-109. (Continued fro. June 21, 1993) (R-2) Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 93-240 was adopted by the following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Curlin. *Fifth Ward Office Vacant 18 7/6/93 CANCEL PROJECTS - TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS - CONTINUED FROM JUNE 21, 1993 (R-3) This is the time cancellation of projects Block Grant (CDBG) funds. and place continued to consider the and transfer of community Development In a memorandum dated July 1, 1993, Kenneth J. Henderson, Executive Director, Development Department/Economic Development, requested that the matter be continued to July 19, 1993. council Member Hernandez made a motion, seconded by council Member Pope-Ludlam, and unanimously carried, that the Mayor and Council continue the matter relating to the cancellation of community Development Block Grant projects to July 19, 1993, in the Council Chambers of city Hall, 300 North "D" Street, San Bernardino, California. HIGHLAND DISTRICT ON AGING COMMUNICATION SYSTEM (R-5 ) In a memorandum dated June 29, 1993 Kenneth J. Henderson, Executive Director, Development Department/Economic Development, stated that the Highland Council on Aging, Inc., (Highland Senior center) was awarded community Development Block Grant (CDBG) funding in the amount of $13,900 during Fiscal Year 1992/1993. Pursuant to the CDBG agreement, the Highland Senior Center spent $10,481.43 on its fitness program. The Highland Senior Center has a need to utilize the remaining $3,418.57 for the purchase of a communication system. The Highland Senior Center staff has determined that a communication system with a pUblic address system and a six line telephone will cost approximately $4,000. Staff at Highland Senior Center has indicated they will add their organization's funds to the remaining CDBG funds to purchase and install the communication system. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the Mayor and Common Council approve and authorize the Highland District Council on Aging to use remaining Community Development Block Grant (CDBG) Fitness Program funds in the amount of $3,418.57 to purchase a communication system. COUNCIL MEMBER CURLIN RETURNED At 11:11 a.m., Council Member Curlin meeting and took his place at the council returned to the Council table. 19 7/6/93 At this time the Mayor and Council, acting as the Community Development Commission, took action on the Community Development Commission items. RECESS MEETING - CLOSED SESSION (1 & R-10) At 11:42 a.m., the Mayor and Common Council ~nd Community Development Commission recessed to closed sess~on for the following: 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 northwest corner of D & 4th Street: and the north side of 4th Street. Waterman & Sierra Wav. The identity of each person with whom negotiations are authorized is: CLOSED SESSION At 11:42 a.m., Mayor Minor 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 Minor; council Members Negrete, curlin, Hernandez, Oberhelman, Miller; city Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Pope-Ludlam. *Fifth Ward Office Vacant Also present: Tim Steinhaus, Agency Administrator, Development Agency; Tim Sabo, Bond Counsel to the Development Agency; Kenneth Henderson, Executive Development Department/Economic Development. Economic Economic Director, ADJOURNED CLOSED SESSION At 12:03 p.m., the closed session adjourned to the luncheon workshop in the Management Information Center, sixth Floor, City Hall, to meet with attorneys for BICEP relative to the Armendariz case. LUNCHEON WORKSHOP - CLOSED SESSION (48) This is the time and place for a luncheon workshop to meet with attorneys for BICEP relative to the Armendariz case. CLOSED SESSION At 12:17 p.m., Mayor Minor called the closed session to order in the Management Information Center, sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. 20 7/6/93 ROLL CALL Roll Call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. Also present: victor Lorch, Director of Risk Management, Rick Morillo, Sr. Assistant city Attorney; Joseph Arias; Fred Wilson, Assistant city Administrator; Attorney Cynthia Ludrigsen; Gerard Fisher, Legal Counsel for BICEP. ADJOURNED CLOSED SESSION At 2:00 p.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 2:09 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by city Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Hernandez, Oberhelman, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Rachel Clark, city Administrator Shauna Clark. Absent: Council Member Curlin. *Fifth Ward Office Vacant APPEAL - PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT NO. 93-01 - OFF-SITE SALE OF HARD LIQUOR- 484 SOUTH RANCHO AVENUE - ALI YASIN (49) This is the time and place set for an appeal of the Planning Commission's denial of Conditional Use Permit No. 93-01, for the off-site sale of hard liquor at 484 South Rancho Avenue. In a memorandum dated June 24, 1993, Al Boughey, Director of Planning & Building Services, stated that the applicant, Ali Yasin, appealed the Planning commission's denial of Conditional Use Permit No. 93-01, a request to upgrade a beer and wine license at an existing convenience market to allow the off-site sale of hard liquor. The property consists of approximately 13,050 square feet located at the southwest corner of Rancho Avenue and Chestnut Street, 484 South Rancho Avenue, in the CN, Commercial Neighborhood, General Plan land use designation. 21 7/6/93 Development Code section 19.06.030(2) (B) prohibits the off- site sale of alcohol from establishments smaller than 15,000 square feet in gross floor area without exception, if the business is located within 100 feet of residentially zoned or occupied property. The property is located wi thin 100 feet of residential uses. The distance criteria of the Development Code applies without exception; therefore, the applicant has no legal basis for the appeal. The Planning commission recommended that Conditional Use Permit No. 93-01 be denied based on the findings of fact. Mayor Minor opened the hearing. Al Boughey, Director of Planning & Building Services, presented a synopsis of the project. council Member Oberhelman made a motion, seconded by Council Member Miller, that the hearing be closed; and that the appeal be denied and Conditional Use Permit No. 93-01, be denied. (Note: There was no vote taken at this time.) Eddy RObbin, Store Manager, Qwik stop, Avenue, San Bernardino, CA, requested that the approve Conditional Use Permit No. 93-01. 484 South Rancho Mayor and Council City Clerk Rachel Clark was presented with a petition containing 169 signatures supporting Mr. Ali Yasin's request to sell hard liquor at the Qwik stop Market. Mr. Robbin stated that over 500 residents rely on the services provided by his store. COUNCIL MEMBER CURLIN RETURNED At 2:17 p.m., Council Member Curlin returned to the Council meeting and took his place at the council table. Discussion was held relative to possible amendments to the Development Code to remove the 100 foot distance requirement for this business. city Attorney Penman advised the Mayor and Council of the need to direct staff to prepare an amendment to the Development Code to remove the 100 foot distance requirement. Council Member Hernandez made a substitute motion, seconded by Council Member Negrete, that Conditional Use Permit No. 93- 01 be approved in concept, and staff be directed to prepare positive findings of fact, and that the item be continued. (Note: There was no vote taken at this time.) 22 7/6/93 Ali Yasin, owner of Qwik stop, stated that he purchased the store to help the community and requested that he be allowed to sell hard liquor. council Member Hernandez amended his substitute motion, seconded by Council Member Negrete, to direct staff to hold a public hearing at the Planning commission level to amend the Development Code in order to reach a compromise on the distance requirement to allow this business to proceed. (Note: There was no vote taken at this time.) Discussion was held relative to the distance provision in the Development Code. council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that the matter be continued to July 19, 1993, to allow the applicant time to review and discuss alternatives to modify the building. (Note: There was no vote taken at this time.) council Member Miller made a substitute motion, seconded by Council Member Oberhelman, that the hearing be closed; and that the appeal and Conditional Use Permit No. 93-01, be denied. The substitute motion failed by the following vote: Ayes: Council Members Curlin, Oberhelman, Miller. Nays: Council Members Negrete, Hernandez, Pope-Ludlam. Absent: None. *Fifth Ward Office Vacant Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that the appeal on the Planning commission's denial of Conditional Use Permit No. 93-01, be continued to July 19, 1993, in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam. Nays: Council Member Miller. Absent: None. *Fifth Ward Office Vacant APPEAL PLANNING COMMISSION'S DENIAL OF TENTATIVE TRACT NO. 14473, CONDITIONAL USE PERMIT NO. 92-16 AND TENTATIVE TRACT NO. 14949 - EXTENSION OF TIME - NORTH SIDE OF VERDEMONT DRIVE, EAST/SOUTHEAST MAGNOLIA AVENUE - BONADIMAN ENGINEERS (50) This is the time and place set for an appeal hearing on the Planning commission's denial of Tentative Tract No. 14473, Conditional Use Permit No. 92-16 and Tentative Tract No. 14949, extension of time for property located on the north side of future Verdemont Drive, east/southeast of Magnolia Avenue. 23 7/6/93 In a memorandum dated June 25, 1993, Al Boughey, Director of Planning & Building Services, stated that the applicant, Bonadiman Engineers, requested approval of Tentative Tract No. 14473 and Conditional Use Permit No. 92-16 to subdivide 25.8 acres into 38 single-family lots in the RL, Residential Low and HM, Hillside Management overlay Districts. The site is located on the north side of future Verdemont Drive, approximately 1,400 feet east/southeast of the termination of Magnolia Avenue. The applicant further requests a one-year extension of time, from February 5, 1993 to February 5, 1994 for Tentative Tract No. 14949, an application to sUbdivide 8.03 acres into 21 single family lots. In a letter dated July 6, 1993, Joseph C. Bonadiman, Joseph E. Bonadiman & Associates, Inc., 250 S. Lena Road, San Bernardino, CA, requested a thirty-day continuation of the matter to allow time to prepare additional information. council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the appeal of the Planning commission's denial of Tentative Tract No. 14473, Conditional Use Permit No. 92-16, and Tentative Tract No. 14949 (Extension of Time), be continued to August 2, 1993, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. PUBLIC HEARING - RECONSIDER COUNCIL'S DENIAL OF GENERAL PLAN AMENDMENT NO. 92-06 AND TENTATIVE TRACT NO. 15407 - SOUTHEAST CORNER, SOUTH SIDE OF IRVINGTON AVENUE, BETWEEN OLIVE AND WALNUT AVENUES, NORTH OF CABLE CREEK FLOOD CONTROL CHANNEL (51) This is the time and place set for a public hearing to reconsider the Council's denial of General Plan Amendment No. 92- 06 and Tentative Tract No. 15407, southeast corner, south side of Irvington Avenue, between Olive and Walnut Avenues, north of Cable Creek Flood Control Channel. In a memorandum dated June 24, 1993, Al Boughey, Director of Planning & Building Services, stated that the applicant, Sierra Engineering, requested an amendment to the General Plan Land Use Plan to change the designation from RL, Residential Low, to RS, Residential Suburban, on approximately 30.59 acres located at the southeast corner on the south side of Irvington Avenue, between Olive Avenue and Walnut Avenue, north of the Cable Creek Flood Control Channel, to establish a residential subdivision consisting of 110 single family lots and 3.2 acres of open space. 24 7/6/93 The existing RL designation permits single-family detached residential development at a maximum density of 3.1 dwelling units per gross acre. The proposed RS designation permits single-family detached residential development at a maximum density of 4.5 dwelling units per gross acre. The property is contiguous to RS designated properties to the east and north, which have been subdivided and developed in accordance with current RS standards. sixteen parcels adjacent to the western boundary of the property are also subdivided in accordance with RS standards. Thus, if the property is redesignated RS, the subsequent potential development would be consistent with the scale and rhythm of existing subdivisions. Due to topographic constraints and Flood Control setback requirements, the actual density proposed under Tentative Tract No. 15407 is 3.6 dwelling units per gross acre, which complies with all of the development standards of the Development Code, and would be consistent with the General Plan if the land use designation is changed to RS. The Environmental Review Commission both recommended declaration, approval of General Tentative Tract No. 15407. Committee and adoption of Plan Amendment the the No. Planning negative 92-06 and In a letter dated June Hickory Avenue, Fairfield, CA, Amendment No. 92-06. 30, 1993, John D. Foster, 1025 expressed support of General Plan RES. 93-242 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 92-06 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (51) Council Member Pope-Ludlam made a motion, Council Member Negrete, and unanimously carried, Council's denial of General Plan Amendment Tentative Tract No. 15407. seconded by to reconsider No. 92-06 and Mayor Minor opened the hearing. Al Boughey, Director of Planning & Building Services, provided a synopsis of the action taken relative to the project. Dave Mlynarski, President, Engineering Construction and Environmental Services, Inc., 25864 Business Center Drive, suite F, Redlands, CA, spoke in support of General Plan Amendment No. 92-06 and Tentative Tract No. 15407. Barbara Sky, 6464 Palm Avenue, San Bernardino, CA, voiced objection to the project. 25 7/6/93 Dan De Voe, President, California Beverly Blvd., Los Angeles, CA, provided the square footage for the proposed residential subdivision. Properties Fund, 2330 information relative to 110-lot single-family Gary Kirby, 1505 Yardley, San Bernardino, CA, objected to the project and recommended that the Mayor and Council impose a moratorium on all development in the Verdemont area. Jeff Wright, P.O. Box 2341, San Bernardino, CA, voiced concern that the proposed project had been considered on previous occasions. council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, that the hearing be closed; and that said resolution be adopted, which adopts the negative declaration and approves General Plan Amendment No. 92-06, and that Tentative Tract No. 15407, be approved. The motion carried, and Resolution No. 93-242 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Pope-Ludlam, Miller. Nays: Council Member Oberhelman. Absent: None. *Fifth Ward Office Vacant COUNCIL MEMBER CURLIN EXCUSED At 3:34 p.m., Council Member Curlin left the Council meeting. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 3:34 p.m., Chairman Minor called the Community Development Commission to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. At this time, the Mayor and Council acting as the Community Development Commission, took action on the Community Development Commission items. COUNCIL MEMBER CURLIN RETURNED At 3:38 p.m., Council Member Curlin returned to the Council meeting and took his place at the council table. RECONSIDER DEMOLITION PROPOSAL REVIEW NO. PLATT BUILDING - CONTINUED FROM MAY 24, 1993 90-02, (35) This is the time and place continued to Demolition Proposal Review No. 90-02, Platt Building. reconsider Council Member Miller made a motion, seconded by Council Member Oberhelman, and unanimously carried, that Demolition Proposal Review No. 90-02, Platt Building, be reconsidered. 26 7/6/93 Mayor Minor opened the hearing. James Wirth, 1980 Sierra Way, San Bernardino, CA, stated that Audio Visual Inc., has expressed interest ~n the Platt Building and he requested that the matter be continued to allow time to meet with Audio Visual Inc., to discuss possible uses for the Platt Building. James MUlvihill, Cal state University, 5500 University Parkway, San Bernardino, CA, suggested that the City allocate funds for a feasibility study on the Platt Building; that the Redevelopment Agency be authorized to perform the study; and that further action be delayed until the Economic Development Agency pursue leads with those organizations interested in utilizing the Platt Building. Tim Steinhaus, Agency Administrator, Economic Development Agency, stated that there have been no negotiations with Imax relative to the use of the Platt Building. He pointed out that the Platt Building contains asbestos and it would be too expensive to renovate the building. Council Member Pope-Ludlam made a motion, that the public hearing be closed; and that the item be continued to Monday, July 12, 1993 in the Council Chambers of city Hall, 300 North "D" street, San Bernardino, California, to be discussed during the budget hearing. The motion failed for lack of a second. Byron Bauer, 765 N. Mt. View, San Bernardino, CA, urged the Mayor and Council to reconsider demolition of the Platt Building because of its historic status. Mary Jane Wilson, 2796 North "E" Street, San Bernardino, CA, voiced support for preserving the Platt Building. Jeff Wright, P.O. Box 2341, San Bernardino, CA, objected to the demolition of the Platt Building. Gary Kirby, 1505 Yardley, San Bernardino, CA, voiced concern regarding the costs to demolish the Platt Building; and the costs to maintain the lot after demolition. Hector Luna, 1255 North "E" street, San Bernardino, CA, objected to the demolition of the Platt Building. 27 7/6/93 council Member Miller made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the hearing be closed. council Member Pope-Ludlam made a motion, seconded by Council Member Negrete, and unanimously carried, that the mitigated negative declaration, the Mitigated Measures and Reporting Monitoring Actions Program, and said demolition project, be approved. Mr. steinhaus answered questions regarding the costs to demolish the Platt Building. COUNCIL MEMBER MILLER EXCUSED At 4:48 p.m., council Member Miller left the Council meeting. RECESS MEETING At 4:48 p.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 4:56 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Council in the Council Chambers of city Hall, 300 North liD" street, San Bernardino, California. ROLL CALL Roll call was taken by city Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Hernandez, Oberhelman, Pope-Ludlam; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Curlin, Miller. *Fifth Ward Office Vacant RES. 93-241 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND A SPECIAL PLACE. (38) City Administrator Shauna Clark explained that the city had received $388 in rent for this facility. At a previous Council meeting the City Attorney was directed to prepare a lease amendment to specify that all improvements will be paid for by A Special Place along with all processing fees. A Special Place has requested a waiver of permit fees in the amount of $600.00 to enhance the patio. Ms. Clark felt that approving the request for a waiver of fees would set a precedent. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that said resolution be adopted. 28 7/6/93 COUNCIL MEMBER CURLIN RETURNED At 4:57 p.m., Council Member Curlin returned to the Council meeting and took his place at the council table. Terry Fields, Director of A Special Place, 1003 E. Highland Avenue, San Bernardino, CA, explained that the request for waiver of fees is needed in order to enclose the patio so that children can play without being disturbed by bad weather conditions. Frank schnetz, Board of Directors, A Special Place, 1003 E. Highland Avenue, San Bernardino, CA, requested that the Mayor and Council waive the plan check fees. Mayor Minor stated that he would donate $100 towards the plan check fees. Resolution No. 93-241 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam. Nays: None. Absent: Council Member Miller. *Fifth Ward Office Vacant 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 (39) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that said ordinance be laid over for final adoption. COUNCIL MEMBER At 5:12 p.m., meeting. POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.30.140 & SECTION 15.28.020 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO PROCEDURES FOR THE ABATEMENT OF PROPERTY NUISANCES. First (40) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that said ordinance be continued to July 19, 1993 in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. COUNCIL MEMBER At 5:15 p.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the 29 7/6/93 MANAGEMENT AUDIT - CITY ATTORNEY'S OFFICE (42) In a memorandum dated June 28, 1993, Council Member Hernandez stated that the Mayor and Council had been discussing a management audit of the City Attorney's Office for a period of two years. In a letter to the Grand Jury dated June 19, 1992, City Attorney Penman requested that a management audit be conducted and that the San Bernardino Grand Jury select the auditing firm. Harvey Rose Accountancy Corporation was the 1992/93 Grand Jury contract auditor. Subsequent to action taken by the Mayor and Council on June 15, 1993, the City issued requests for proposals (RFP's) for an audit of the City Attorney's Office. Harvey Rose Accountancy Corporation was one of two finalists selected by City Treasurer Dave Kennedy. In a memorandum dated June 7, 1993, James F. Penman, city Attorney, stated that he had requested a management audit of the city Attorney's Office, and further requested that Mayor Tom Minor select the firm and determine the scope of the audit. Discussion was held regarding the purpose of the management audit; the selection process of the firm to conduct the audit and the costs of preparing the audit of the City Attorney's Office. Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that the Mayor be authorized to select a firm to prepare a management audit of the City Attorney's Office. (Note: There was no vote taken at this time.) Council Member Hernandez made a substitute motion that the Mayor be authorized to execute an agreement with Harvey Rose Accountancy Corporation for a management audit of the City Attorney's Office at a cost not to exceed $67,000. The motion failed for lack of a second. city Administrator Shauna Clark answered questions regarding the scope of services to be performed by the firm selected to conduct a management audit of the City Attorney's Office. council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that the Mayor be authorized to select a firm to prepare a management audit of the City Attorney's Office. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, oberhelman, Pope-Ludlam. Nays: Council Member Hernandez. Absent: Council Member Miller. *Fifth Ward Office Vacant 30 7/6/93 REQUEST TO HOUSE POT-BELLY PIG - ROBIN DAVIS (47) In a letter dated June 23, 1993, Robin Davis, 394 S. Tamarisk, Rialto, CA, requested to speak before the Mayor and Council to consider an amendment to the City's ordinance to allow pot belly pigs on her premises. In a memorandum dated June 28, 1993, Deborah L. Biggs, Director of Animal Control, stated that on June 3, 1993, staff responded to a sanitation complaint at 394 S. Tamarisk, Rialto, CA. The Animal Control Officer observed an excess amount of feces in the yard and observed a small, juvenile pig running loose. The Animal Control Officer spoke with both Mr. and Mrs. Davis who admitted ownership of the pig. The Davis' were issued a citation for two counts of No Dog License, two counts of No Rabies Vaccination, one count of Maintenance of Premises and one count of harboring an illegal pig. On June 17, 1993, Mrs. Davis purchased a license for one dog and presented proof that the dog had a valid rabies vaccination. The one count of No Rabies Vaccination was administratively dismissed. Ms. Davis paid a $10.00 "proof of correction" fee for one count No Dog License. The other portions of the citation were not paid, nor did Mrs. Davis request a court date to contest the citation. Mrs. Davis stated that she would be clearing the citation July 1, 1993. On June 22, 1993, Office and was advised Attorney, that she was Code section 6.08.050 premises. Mrs. Davis contacted the city Attorney's by Richard Morillo, Senior Assistant City in violation of San Bernardino Municipal for having a pot-bellied pig on her Robin Davis, 394 S. Tamarisk, Rialto, CA, requested that her pot-bellied pig be allowed to remain on her premises. Discussion was held regarding pot-bellied pigs that are allowed in residential areas in surrounding communities. City Attorney Penman advised the Mayor and Council that there is no authority to waive provisions of city Municipal Code section 6.08.050. He stated that unless the pig harms someone, and additional complaints are received, it would take the City Attorney's Office two to three months to process the complaints. Discussion ensued relative to possible amendments to section 6.08.050 of the San Bernardino Municipal Code. It was suggested that Mrs. Davis house the elsewhere; and that possible amendment to the Municipal Code section 6.08.050 be referred to Review Committee. pot-bellied pig San Bernardino the Legislative 31 7/6/93 council Member Pope-Ludlam made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the issue of housing a pot-belly pig as requested by Robin Davis, be referred to the Legislative Review Committee. SET PUBLIC HEARING - JULY 19, 1993 - AMEND SMOKING ORDINANCE (43) In a memorandum dated June 29, 1993, Council Member Curlin, requested that a public hearing be set at 10:00 a.m., July 19, 1993, to consider an amendment to Municipal Code Chapter 8.72 to prohibit smoking in all enclosed restaurants with a seating capacity of fifty or more, except in portions utilized as a bar, or to any room used for private functions. Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that a public hearing be held at 10:00 a.m., July 19, 1993, in the Council Chambers of city Hall, 300 North "D" street, San Bernardino, California, to consider amending Chapter 8.72, Section 050 "Smoking in Restaurants", prohibiting smoking in restaurants. ESTABLISH SEWER LINE CONNECTION FEE CREDIT - NORTON AIR FORCE BASE REUSE (44) In a memorandum dated June 15, 1993, Roger Hardgrave, Director of Public Works/City Engineer, stated that in 1942 the City of San Bernardino, acting through its Board of Water commissioners, entered into an agreement with the United States Government which provided that the U.S. Government would construct a sewer main from Norton Air Force Base to the City's interceptor line in south "E" Street at Athol Street; and that the City would accept the sewage from Norton for treatment. The term of the agreement was for 50 years. The Inland Valley Development Agency (IVDA) has requested that the sewer system for Norton be transferred as a public benefit. The outfall line, from Norton to South "E" Street, will be included in the transfer of sewer facilities. IVDA plans to operate and maintain these systems. They expect to contract with the City of San Bernardino for maintenance until they are upgraded to meet city standards, at which time, they will be turned over to the city. The Board of Water Commissioners has established a credit of 1,000,000 gallons of sewage per day toward the Sewer Plant capacity Fee. This credit recognizes the quantity of sewage generated when Norton was at full staffing levels. About 75,000 gallons per day will be deducted for the two areas of Air Force housing that will remain. Any unused portion of this credit will expire after a period of seven years. The credit allowed will be used by the IVDA and San Bernardino International Airport 32 7/6/93 Authority, on a first come first served basis, until used up, or seven years have elapsed. Council Member Pope-Ludlam made a motion, seconded by Council Member Oberhelman, and unanimously carried, that a credit of one million gallons of sewage per day be established for the re-use of Norton A.F.B., less approximately 75,000 gallons per day for the two Air Force housing areas that will remain, toward the sewer line connection fee, for a period of seven years. SELECT COUNCIL MEETING DATES 1993/94 BUDGET FINALIZE FISCAL YEAR (45) In a memorandum dated June 23, 1993, Shauna Clark, city Administrator, recommended that the Mayor and Council select a date for the purpose of holding an adjourned regular Council meeting to finalize the Fiscal Year 1993/94 Budget. council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that the Mayor and Common Council select Monday, July 12, 1993 at 9:00 a.m., as the date for holding an adjourned regular Council meeting to finalize the Fiscal Year 1993/94 Budget, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Pope-Ludlam. Nays: None. Abstain: Council Member Curlin. Absent: Council Member Miller. *Fifth Ward Office Vacant SET PUBLIC HEARING EXPANSION OF TELEVISION (CATV) USERS TAX - VIDEO USERS TELEVISION) CABLE ACCESS TAX (WIRELESS (46) In a memorandum dated June 25, 1993, Fred Wilson, Assistant City Administrator, recommended that the Mayor and Council set a public hearing to consider adoption of a proposed amendment to the city's Service User's (Utility Tax) ordinance to impose an 8.5% utility tax to users of the wireless television service in the city of San Bernardino. The service is a new alternative to traditional cable television service in the City. The wireless television service is a line-of-sight microwave signal transmitted directly from Riverside to small microwave dishes placed on the roofs of homes or businesses. The frequencies are then converted from microwaves to channel selections on standard television sets. The monthly cost for this service is $26.95 and approximately twenty channels are provided. Cross county Wireless Cable Co., is the name of the firm providing this service. 33 7/6/93 The proposed ordinance amends Chapter 3.44 of the San Bernardino Municipal Code and includes this service under the definition of video provider as one who provides one or more channels of video programming via multi-point distribution services (wireless cable) or any other technOlogies. It is estimated that imposing the service users tax (utility tax) on users of this service will generate an additional $100,000 per fiscal year in revenue. The average utility tax cost for one year of wireless cable service will be $27.50 per household, and it is estimated that approximately 5,000 residents of San Bernardino subscribe to the Cross County Wireless Cable Company. Council Member Pope-Ludlam made a motion, seconded by Council Member Oberhelman, and unanimously carried, that a public hearing be set for 10:00 a.m., on September 7, 1993, for public input regarding expanding the CATV users tax to include a video users tax. RECESS MEETING - CLOSED SESSION (1) At 6:13 p.m., the regular meeting of the Mayor and Common Council and Community Development Commission recessed for closed session for the following: 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: San Bernardino & Rialto Firefiqhters. Local 891. International Association of Fire Fiqhters vs. city of San Bernardino. et al - San Bernardino Superior Court Case No. SCV 04574. CLOSED SESSION At 6:13 p.m., Mayor Minor 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 Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam; City Attorney Penman, city Clerk Rachel Clark, city Administrator Shauna Clark. Absent: Council Member Miller. *Fifth Ward Office Vacant Also present: Sr. Assistant city Attorney Morillo; and will Wright, Fire Chief. 34 7/6/93 ADJOURN CLOSED SESSION At 6:23 p.m, the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino, California. ADJOURNMENT (52) At 6: 23 p.m., the regular meeting of the Mayor and Common Council adjourned to Monday, July 12, 1993, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL CLARK city Clerk By /td4' .1.,:, Diane Jo~es, Deputy City Clerk No. of Hours: 8 hrs. 20 min. No. of Items: 62 35 7/6/93