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HomeMy WebLinkAbout03-02-1992 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING MARCH 2, 1992 COUNCIL CHAMBERS The regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 8:30 a.m., Monday, March 2, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor; City Clerk Krasney, City Administrator Clark. Absent: Council Members Estrada, Pope-Ludlam, Miller; City Attorney Penman. RECESS MEETING - CLOSED SESSION (1) At 8:30 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: a. 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: . , b. to consider personnel matters pursuant to Government Code Section 54957; c. to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6; d. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public facilities pursuant to Government Code Section 54957; e. to confer with the litigation pursuant to 54956.9(b)(1), as there litigation; attorney regarding pending Government Code Section is significant exposure to f. to confer with the attorney regarding litigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending Section decide 1 3/2/92 g. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section 54956.9(a) as follows: Stubblefield Construction Company. et al vs. Citv of San Bernardino. et al - San Bernardino Superior Court Case No. 242998; San Bernardino Superior Court Case No. 252058; Citv of Redlands vs. Inland Valley Development Aaencv. et al - San Bernardino Superior Court Case No. 255222; Countv vs. Citv of San Bernardino IRDA) - San Bernardino Superior Court Case No. 258241; Citv of Indians. 6899 WJR San et al (Bx); Bernardino vs. San Manuel Band of Mission - United States District Court Case No. 85- Saab vs. Citv of San Bernardino - Fourth District Court of Appeals Case No. E008652; Citv of San Bernardino vs. Libertv Cable T. V.. et al- United States District Court Case No. 82-6876 WMB; City of San Bernardino vs. Countv of San Bernardino. et al- Riverside Superior Court Case No. 207900; Thomas Armendariz. et al vs. James F. Penman. et al - United States District Court Case No. 91-5757 CMB (WRx); Matthew Hobbs vs. Ci tv of San Bernardino. et al San Bernardino Superior Court Case No. 250971; Davis vs. Countv of San Bernardino - San Bernardino Superior Court Case No. 252971; Ci tv of San Bernardino vs. Bvouna Koo Chin. et al - San Bernardino Superior Court Case No. 266926; Nu-Tech Developers. et al vs. Redevelopment Aaencv - San Bernardino Superior Court Case No. 240494; Citv of San Bernardino vs. InterAmerican Builders. et al- San Bernardino Superior Court Case No. SCV-249477. CLOSED SESSION At 8: 30 a.m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 2 3/2/92 ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor; City Clerk Krasney, City Administrator Clark. Absent: Council Members Estrada, Pope-Ludlam, Miller; City Attorney Penman. Also present: Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office; Barbara Skropos, Deputy City Attorney. 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 MILLER ARRIVED At 8:33 a.m., Council Member Miller arrived at the closed session. CITY ATTORNEY PENMAN ARRIVED At 8:33 a.m., City Attorney Penman arrived at the closed session. COUNCIL MEMBER At 8:47 a.m., closed session. POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the DEPUTY CITY ATTORNEY SKROPOS EXCUSED Deputy City Attorney Skropos left the closed session. ADMINISTRATIVE Administrative closed session. OPERATIONS SUPERVISOR SCROGGIN EXCUSED Operations Supervisor Scroggin left the PERSONNEL DIRECTOR DILLON ARRIVED At 8:50 a.m., Personnel Director Dillon arrived at the closed session. ADJOURN CLOSED SESSION 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 9:36 a.m., Mayor Holcomb called the regular meeting to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 3 3/2/92 ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: Council Member Estrada. INVOCATION The invocation was given by Rev. Barnabas Laubach of St. Bernardine's Medical Center. PLEDGE The pledge of allegiance was led by Council Member Maudsley. APPOINTMENT - FRANCHISE BUREAU - GEORGE WILDER (4) In a memorandum dated February 25, 1992, Mayor "Bob" Holcomb recommended the appointment of George Wilder, 2744 W. Rialto Avenue, Sp. 53, Rialto, Ca., to the Franchise Bureau, as requested by Council Member Hernandez, Third Ward. Council Member Reilly made a motion, seconded by Council Member Minor, and unanimously carried, to approve the appointment of George Wilder to the Franchise Bureau. APPOINTMENT SJOSTRAND SENIOR AFFAIRS COMMISSION GEORGE (4) In a memorandum dated February 17, 1992, Mayor "Bob" Holcomb recommended the appointment of George W. Sjostrand, 1734 Bonita Vista Dr., San Bernardino, Ca., to the Senior Affairs Commission. Council Member Reilly made a motion, seconded by Council Member Minor, and unanimously carried, to approve the appointment of George W. Sjostrand to the Senior Affairs Commission. APPOINTMENT - PARKS AND RECREATION COMMISSION - HOWARD J. ROTH (S-l) In a memorandum dated February 26, 1992, Mayor "Bob" Holcomb recommended the appointment of Howard J. Roth, 2742 Jefferson Avenue, San Bernardino, Ca, to the Parks and Recreation Commission, as requested by Council Member Hernandez, Third Ward. Council Member Reilly made a motion, seconded by Council Member Minor, and unanimously carried, to approve the appointment of Howard J. Roth to the Parks and Recreation Commission. 4 3/2/92 RESOLUTION TRANSPLANT STULTZ COMMENDING ST. BERNARDINE'S CENTER - MS. JULIE HUMESTON AND MS. KIDNEY JOANNE (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution urging the United States Congress to approve and issue the National Organ Donor's Medal, to show our nation's deep appreciation to those who gave the gift of life; and that a copy of this resolution be prepared and transmitted to the Speaker of the House of Representatives of the United States of America. Ms. Julie Humeston, and Ms. Joanne Stultz from St. Bernardine's Kidney Transplant Center, accepted the resolution. PROCLAMATION - LITERACY MONTH - MARCH 1992 - MS. S'ANN FREEMAN - LITERACY COORDINATOR (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution proclaiming the month of March, 1992 as Literacy Month in the City of San Bernardino. Ms. S'Ann Freeman, Literacy Coordinator, and Robert Ewing, City Librarian, accepted the resolution. PUBLIC COMMENTS - DAVID MURPHY (3) David Murphy, a resident of San Bernardino, spoke regarding the conduct of the San Bernardino City Police Department, specifically the SMASH Unit. He felt that all police officers should announce themselves before entering a residence. PUBLIC COMMENTS - MARCO J. SORTILLON (3) Ci ty Clerk Krasney read into the record a letter, dated February 25, 1992, from Marco J. Sortillon, 495 E. 3rd Street, F- 14, San Bernardino, Ca., concerning the City's financial situation. WAIVE FURTHER READING OF RESOLUTIONS AND ORDINANCES (5) Council Member Maudsley made a motion, seconded by Council Member Minor, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas, be waived. 5 3/2/92 COUNCIL MINUTES (6) Council Member Maudsley made a motion, seconded by Council Member Minor, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino, be approved as sub;:1itted in typewritten form: January 6, 1992; January 21, 1992. SET PUBLIC HEARING 10:00 A.M., MARCH 16, SPECIAL FEE AREA - PALM AVENUE BOX CULVERT AT CREEK - TRAFFIC SIGNAL AT PALM/KENDALL DRIVE 1992- CABLE (7) In a memorandum dated February 13, 1992, Roger G. Hardgrave, Director of Public Works/City Engineer, requested authorization to set a pubic hearing at 10:00 a.m., March 16, 1992 to adopt a resolution setting a special fee area for the Palm Avenue box culvert at Cable Creek and traffic signal at Palm Avenue and Kendall Drive. Council Member Maudsley made a motion, seconded by Council Member Minor, and unanimously carried, that a public hearing be set for March 16, 1992, at 10:00 a.m. for adoption of resolution setting a special fee area for Palm Avenue box culvert at Cable Creek and traffic signal at Palm Avenue and Kendall Drive. ACQUISITION OF A PA/RECORD PLAYER - NICHOLSON COMMUNITY CENTER - APPROVAL OF THIRD WARD PARK EXTENSION FUNDS (9) In a memorandum dated February 20, 1992, Annie Ramos, Director of Parks, Recreation and Community Services, stated that acquisition of a combination public address system/record player is needed at the Nicholson Community Center. The PA/recorder component would allow for a wide range of programs for the children and tiny tots at the center. The unit has been recommended by the Center's Advisory Board. Council Member Maudsley made a motion, seconded by Council Member Minor, and unanimously carried, that $512 from Third Ward Park Extension Funds for the acquisition of a PA/record player for Nicholson Center, be approved. SALARY REDUCTION COORDINATOR TELECOMMUNICATIONS TECHNICAL ( 11) In a memorandum dated February 20, 1992, Barbara Dillon, Director of Personnel, stated that on February 20, 1992, the Council Personnel Committee approved the request to reduce the salary of the Telecommunications Technical Coordinator. The individual who fills this position is no longer accountable for managing the Communications Maintenance Shop. 6 3/2/92 Council Member Maudsley made a motion, seconded by Council Member Minor, and unanimously carried, that a change of the salary for Telecommunications Technical Coordinator, from Range 2361, $2,434 $3,262/month, to Range 2352, $2,329- $3,121/month, be approved. Council Member Maudsley made a motion, seconded by Council Member Minor, and unanimously carried, that the Personnel Department be directed to update Resolution 6413, Section 10, and Resolution 6433. CLAIMS AND PAYROLL (12) Council Member Maudsley made a motion, seconded by Council Member Minor, and unanimously carried, that the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated February 21, 1992, from the Director of Finance, be approved. RES. 92-73 - 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 Abatement) (14) RES. 92-74 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE COUNTY Or SAN BERNARDINO RELATING TO THE CITY'S UTILIZATION OF MINORS IN THE JUVENILE WORK PROGRAM. (IS) RES. 92-75 - RESOLUTION OF THE COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE DESTRUCTION OF CERTAIN POLICE RECORDS, DOCUMENTS AND PAPERS, PURSUANT TO SECTION 34090 AND 34090.5 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. (17) RES. 92-76 - 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) (18) RES. 92-77 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO ALL PRO MASONRY, A. J . V . FOR CONSTRUCTION OF A SIX FOOT BLOCK WALL AT NICHOLSON PARK AND FIRE STATION NO.9. (19) 7 3/2/92 RES. 92-78 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING ASSESSMENT ROLL NO. 1004 FOR THE IMPROVEMENT OF PORTIONS OF COMMERCENTER EAST AND HOSPITALITY LANE, IN THE CITY OF SAN BERNARDINO, AND APPROVING ASSESSMENT DIAGRAM MAP NO. 1004. (20) RES. 92-79 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO FAIRVIEW FORD FOR THE FURNISHING AND DELIVERY OF THREE (3) EACH, ONE TON FLAT BED TRUCKS, TO BE UTILIZED BY THE PUBLIC SERVICES/STREET DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-92-15. (22) RES. 92-80 - RESOLUTION OF THE CITY OF SAN BERNARDINO ACKNOWLEDGING THE RECEIPT AND FILING OF THE ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE YEAR 1992. (23) Council Member Maudsley made a motion, seconded by Council Member Minor, that said resolutions be adopted. Resolution Nos. 92-73, 92-74, 92-75, 92-76, 92-77, 92-78, 92-79, and 92-80 were adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Estrada. ORD. MC-822 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 2.75 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE USE OF THE CITY'S TELEVISION/CATV BROADCAST FACILITIES BY THE MAYOR OR MEMBERS OF THE COMMON COUNCIL. Final (24) ORD. MC-823 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 19.04.010(1), 19.04.030(2), 19.06.010(1), 19.06.030(2), 19.08.010(1), 19.10.010(1) AND 19.10.030 AND TABLES 04.01, 04.03, 06.01 AND 06.03 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO ESTABLISH LEGALLY EXISTING SINGLE FAMILY DWELLING UNITS AS PERMITTED, CONFORMING USES IN ALL LAND USE DISTRICTS CITYWIDE AND TO ESTABLISH STANDARDS FOR ADDITIONS, ALTERATIONS AND EXPANSIONS TO SUCH DWELLING UNITS. Final (25) Council Member Maudsley made a motion, seconded by Council Member Minor, that said ordinances be adopted. Ordinance Nos. MC-822 and MC-823 were adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Mauds ley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Estrada. 8 3/2/92 SET PUBLIC HEARING 10:00 A.M. MARCH 16, ESTABLISHMENT OF VIDEO PRODUCTION SERVICE FEES 1992- (8) In a memorandum dated February 20, 1992, Fred Wilson, Acting Director of Telecommunications, stated that the Division has accommodated various requests from non-profit organizations to complete video production on a contract basis. It is recommended that a fee structure be established for remote camera shoots, studio production services, video cassette purchases, and duplication services. The fees are based on actual cost which include camera and video equipment as well as personnel costs. It is estimated that approximately $10,000 per year in revenues will be generated through this fee schedule. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.73 TO THE MUNICIPAL CODE ENTITLED "USER FEES FOR VIDEO PRODUCTION SERVICES," AUTHORIZING THE COLLECTION OF USER FEES FOR VIDEO PRODUCTION SERVICES. First (8) City Administrator Clark explained that an ordinance was prepared to accompany the request to establish video production service fees. The ordinance gives authority to set the video production service fees. Ms. Clark requested that the ordinance receive its first reading at today' s meeting with the second reading to be given at the public hearing on March 16, 1992. City Attorney Penman provided an opinion on the legalities of having the first reading of the ordinance prior to having the public hearing. He stated that based on the Attorney General's opinion which ruled that as long as the wording on the agenda and the backup presents the public with sufficient advance information, it would be proper to proceed with the first reading of the ordinance. Council Member Minor made a motion, seconded by Council Member Miller, that first reading of the ordinance be waived. *Note: (No vote was taken at this time) City Administrator Clark answered questions regarding authority to charge for video services. Ms. Clark pointed out that although there was a resolution adopted to establish the video service fees, there is no ordinance enabling those fees. A discussion ensued regarding Sixth Ward residents who pay for cable services, but are unable to receive Channel 3 programs. It was suggested that these residents be compensated for not receiving Channel 3 programs. Council Member Minor made a motion, seconded by Council Member Reilly, that further reading of the ordinance be waived. 9 3/2/92 City Administrator Clark answered questions and stated that the ordinance would be reviewed by the Cable TV Commission on March 3, 1992. The motion carried by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Miller. Nays: Council Member Pope-Ludlam. Absent: Council Member Estrada. City Administrator Clark read the ordinance in its entirety. Mayor Holcomb requested a motion to lay the ordinance over for final adoption. Council Member Hernandez made a substitute motion, seconded by Council Member Maudsley, that said ordinance be referred to the Cable TV Commission. Mayor Holcomb urged the Council to defeat the substitute motion. The motion failed by the following vote: Ayes: Member Hernandez, Maudsley, Pope-Ludlam. Nays: Council Reilly, Minor, Miller. Absent: Council Member Estrada. Council Members Discussion ensued regarding language in the ordinance to make it mandatory that the Telecommunications Division charge for video services. Council Member Minor made a motion, seconded by Council Member Reilly, that a public hearing to discuss the establishment of video production service fees be set for March 16, 1992 at 10:00 a.m., and that said ordinance be laid over for final adoption. The motion carried by the following vote: Members Reilly, Maudsley, Minor, Miller. Nays: Hernandez, Pope-Ludlam. Absent: Council Member Ayes: Council Estrada. Council Members REQUEST TO ALLOW FIREWORKS AT FISCALINI FIELD - JULY 3 THROUGH 4, 1992 - SAN BERNARDINO SPIRIT BASEBALL CLUB (10) In a memorandum dated February 17, 1992, Annie Ramos, Director of Parks, Recreation and Community Services, stated that the San Bernardino Spirit Baseball Club has requested that the Municipal Code prohibiting fireworks shows at Fiscalini Field be reconsidered. The Club is requesting to have a fireworks display during their home games July 3 and 4, 1992. Spirit representatives have suggested mitigating measures if they are allowed to have a display. 10 3/2/92 Discussion ensued regarding the approval of fireworks at Fiscalini Field last year. It was pointed out that approval of fireworks at Fiscalini Field was to be a one-time event. City Attorney Penman explained that in order to approve the Spirit's request this year, an amendment to Municipal Code Section 8.60.120.B, relating to fireworks in high fire areas, would be required. Council Member Miller made a Member Minor, that the request Baseball to allow firework shows at 4, 1992, be denied. motion, seconded by Council from San Bernardino Spirit Fiscalini Field on July 3 and The motion carried by the following vote: Members Reilly, Hernandez, Minor, Pope-Ludlam, Council Member Maudsley. Absent: Council Member Ayes: Miller. Estrada. Council Nays: PERSONNEL ACTIONS ( 13) City Administrator Clark answered questions regarding duplicate items appearing on the personnel actions list. Ms. Clark requested that this item be continued until later in the afternoon for more information. (See page 30) RESOLUTION RESOLUTION RECOMMENDED OF THE CITY OF SAN NO. 6433, SECTION FOUR, FOR DELETION. BERNARDINO AMENDING REFLECTING VACANCIES (16) Discussion ensued regarding whether the resolution was reviewed by the Personnel Committee. City Administrator Clark explained that the resolution reflected vacancies which occurred as a result of action taken in February 1992 to balance the mid-year budget. The positions that were vacated would be removed from Resolution No. 6433. She further stated that if the City'S financial condition improved, the deleted positions can be reinstated in the resolution. The Mayor and Council discussed the necessity of removing vacant or deleted post ions from Resolution No. 6433. A discussion was held regarding the existence of City policy to freeze all positions throughout the City except for the Fire and Police Departments. Mayor Holcomb requested the Council to make a motion to approve said resolution. No action was taken due to lack of a motion. 11 3/2/92 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE INSTALLATION AND MAINTENANCE ASSESSMENT DISTRICT LOCATED ALONG THE PARKWAYS AND MEDIAN STRIPS OF WATERMAN AVENUE BETWEEN BASELINE STREET AND INTERSTATE 10; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 1000; AND SETTING AND DIRECTING PUBLICATION OF NOTICE OF A TIME AND DATE OF A PUBLIC HEARING. (21) COUNCIL MEMBER MILLER EXCUSED At 10:28 a.m., Council Member Miller left the Council meeting. Roger Hardgrave, Director of Public Works/Engineering, answered questions regarding future assessment costs that would be imposed on single family residents living within the district. Mr. Hardgrave described the type of landscaping that would be installed along the median strips. The Council requested that renderings of the proposed landscaping be prepared. Council Member Reilly made a motion, seconded by Council Member Maudsley, that said resolution be adopted. At the consensus of the Council, the resolution was continued until later in the meeting to allow Council Member Miller an opportunity to vote. (See Page 13) COUNCIL MEMBER MINOR EXCUSED At 10:32 a.m., Council Member Minor left the Council meeting. PUBLIC HEARING ESTABLISHING A FILING FEE FOR INITIATIVE PETITIONS (26) This is the time and place set for a public hearing to establish a filing fee for initiative petitions. In a memorandum dated January 30, 1992, Rachel Krasney, City Clerk, stated that adoption of the resolution would allow the City Clerk to charge a $200 filing fee to proponents of initiative petitions. 12 3/2/92 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FILING FEE FOR INITIATIVE PETITIONS. (26) Mayor Holcomb opened the hearing. Council Member Hernandez made a motion, seconded by Council Member Reilly, and unanimously carried, that the public hearing be closed. City Clerk Krasney answered questions regarding provisions to refund the filing fee in lieu of sufficient signatures. Council Member Reilly made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Note: Vote was taken later in the meeting. See page 13 COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council meeting and took her place at the council table. COUNCIL MEMBER MINOR RETURNED Council Member Minor returned to the Council meeting and took his place at the council table. RES. 92-81 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE INSTALLATION AND MAINTENANCE ASSESSMENT DISTRICT LOCATED ALONG THE PARKWAYS AND MEDIAN STRIPS OF WATERMAN AVENUE BETWEEN BASELINE STREET AND INTERSTATE 10; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 1000; AND SETTING AND DIRECTING PUBLICATION OF NOTICE OF A TIME AND DATE OF A PUBLIC HEARING. (Discussed earlier in the meeting. See page 11) (21) Council Member Reilly made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 92-81 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Estrada. RES. 92-82 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FILING FEE FOR INITIATIVE PETITIONS- (Discussed earlier in the meeting. See page 12) (26) Council Member Miller made a motion, seconded by Council Member Maudsley, that said resolution be adopted. 13 3/2/92 Resolution No. 92-82 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Estrada. PUBLIC HEARING - SOURCE REDUCTION AND RECYCLING ELEMENT AND HOUSEHOLD HAZARDOUS WASTE ELEMENT (27) This is the time and place for a public hearing to consider the Source Reduction and Recycling Element and Household Hazardous Waste Element. In a memorandum dated February 19, 1992, Manuel Moreno, Jr., Director of Public Services, stated that the final Plan and Element has been published. Notice was placed in the local newspaper informing the public of the document review availability, and of the March 2, 1992 public hearing. The CEQA review process has been completed and all comments answered. Staff recommends adoption of the CEQA process resolution with a mitigated negative declaration, and adoption of the final Source Reduction and Recycling Plan and the Household Hazardous Waste Element. RES. 92-83 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND THE MITIGATION REPORTING/ MONITORING PROGRAM, AND ADOPTING PUBLIC WORKS PROJECTS NO. 9l-09B, THE SOURCE REDUCTION AND RECYCLING ELEMENT AND HOUSEHOLD HAZARDOUS WASTE ELEMENT. (27) Mayor Holcomb opened the hearing. Kevin Barnes, Refuse California Integrated Waste required the City to reduce and 50% by the year 2000. Superintendent, explained that the Management Act of 1989 (AB 939) has its landfill capacity by 25% by 1995 No public comments were received. Council Member Miller made a motion, Member pope-Ludlam, and unanimously carried, closed and said resolution be adopted. Resolution No. 92-83 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Estrada. seconded by Council that the hearing be COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member pope-Ludlam left the Council meeting. 14 3/2/92 PUBLIC HEARING - ALLEY VACATION OF A PORTION OF THE NORTH/SOUTH ALLEY WEST OF "E" STREET, BETWEEN MAGNOLIA AVENUE AND EVANS AVENUE (28) This is the time and place set for a public hearing to consider a request to vacate a portion of the north/south alley West of "E" Street, between Magnolia Avenue and Evans Avenue. In a memorandum dated February 10, 1992, Roger Hardgrave, Director of Public Works/Engineer, stated that property owners, James Adams, P. Aguilar, and American Red Cross, have requested that the City vacate the northerly portion of the north/south alley west of "E" Street, between Magnolia Avenue and Evans Avenue. Utility companies and City Departments were notified of the proposed vacation and no comments were received. RES. 92-84 - RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF THE NORTH/SOUTH ALLEY LYING WEST OF "E" STREET, BETWEEN MAGNOLIA AVENUE AND EVANS AVENUE, IN THE CITY OF SAN BERNARDINO AND RESERVING EASEMENTS FOR PUBLIC UTILITY PURPOSES THEREIN. (28) Mayor Holcomb opened the hearing. Council Member Reilly made a motion, seconded by Council Member Maudsley, and unanimously carried, that the hearing be closed and the findings of fact as set forth in the staff report from Roger G. Hardgrave, Director of Public Works/City Engineer, as to why a portion of that certain north/south alley lying west of "E" Street, between Magnolia Avenue and Evans Avenue, is no longer necessary for street purposes, be adopted; and that said resolution be adopted. Ayes: Miller. Ludlam. Resolution No. 92-84 was adopted by the following vote: Council Members Reilly, Hernandez, Maudsley, Minor, Nays: None. Absent: Council Members Estrada, Pope- PUBLIC HEARING STREET NORTH/SOUTH ALLEY WEST OF STREET AND MAGNOLIA AVENUE VACATION OF "E" STREET, A PORTION OF BETWEEN 14TH (29) This is the time and place set for a public hearing to vacate a portion of the north/south alley west of "E" Street, between 14th Street and Magnolia Avenue. In a memorandum dated February lO, 1992, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that Mrs. Cook, owner of Cook's Upholstery Supplies, requested that the City vacate a portion of the north/south alley lying west of "E" 15 3/2/92 Street, between 14th Street and Magnolia Avenue. Mrs. Cook's request was heard twice in an effort to protect her business, her home, and an apartment building from persons who insist on unauthorized/illegal use of the alley. Utility companies and City Departments were notified of the proposed vacation and no comments were received. RES. 92-85 - RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF THE NORTH/SOUTH ALLEY LYING WEST OF "E" STREET, BETWEEN 14TH STREET AND MAGNOLIA AVENUE IN THE CITY OF SAN BERNARDINO AND RESERVING EASEMENT FOR PUBLIC UTILITY PURPOSES THEREIN. (29) Mayor Holcomb opened the hearing. Council Member Reilly made a motion, seconded by Council Member Maudsley, and unanimously carried, that the hearing be closed and the findings of fact as set forth in the staff report from Roger G. Hardgrave, Director of Public Works/City Engineer, as to why a portion of that certain north/south alley, west of "E" Street, between 14th Street and Magnolia Avenue, is no longer necessary for street purposes, be adopted; and that said resolution be adopted. Ayes: Miller. Ludlam. Resolution No. 92-85 was adopted by the following vote: Council Members Reilly, Hernandez, Maudsley, Minor, Nays: None. Absent: Council Members Estrada, Pope- COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. PUBLIC HEARING - STREET VACATION OF A PORTION OF A NORTH/SOUTH "PAPER" STREET AND THE REMAINDER OF AN EAST /WEST ALLEY, SOUTH OF HIGHLAND AVENUE, WEST OF VALARIA DRIVE (30) This is the time and place set for a public hearing to consider a request to vacate a portion of the north/south "paper" street and the remainder of an east/west alley, south of Highland Avenue, west of Valaria Drive. In a memorandum dated February 10, 1992, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that Mr. Virgil Franks has requested that the City vacate a portion of the north/south "paper" street, and the remainder of the east/west alley lying south of Highland Avenue and west of Valaria Drive. This portion of the "paper" street lies between his home and his business. A portion also lies within the City of Highland. The City of Highland had no negative comments concerning the proposed 16 3/2/92 vacation. Utility companies and City Departments were notified of the proposed vacation and no negative comments were received. RES. 92-86 - RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF THAT CERTAIN NORTH/SOUTH "PAPER" STREET, AND THE REMAINDER OF THE EAST/WEST ALLEY, LYING SOUTH OF HIGHLAND AVENUE AND WEST OF VALARIA DRIVE, AND RESERVING AN EASEMENT FOR PUBLIC UTILITY PURPOSES THEREIN. (30) Mayor Holcomb opened the hearing. Council Member Miller made a motion, seconded by Council Member Maudsley, and unanimously carried, that the hearing be closed and the findings of fact as set forth in the staff report from Roger G. Hardgrave, Director of Public Works/City Engineer, as to why a portion of that certain north/south "paper" street and the remainder of the east/west alley lying south of Highland Avenue and west of Valaria Drive, are no longer necessary for street purposes, be adopted; and that said resolution be adopted. Resolution No. 92-86 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Estrada. PUBLIC HEARING VERDEMONT AREA INFRASTRUCTURE FEE INCREASE RIGHT-OF-WAY IMPROVEMENTS AND PUBLIC IMPROVEMENTS - CONTINUED FROM FEBRUARY 17, 1992 (31) This is the time and place continued to for a public hearing to increase the Verdemont Area infrastructure fees. In a memorandum dated February 25, 1992, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that staff has completed the Second Amendment to the Engineer's Report and is recommending an increase in the fee from the present level of $6,976 to $7,699. The increase is based on actual construction costs, loan repayment for funds advanced for addi tional construction, and adjustments based on the construction cost index published in the Engineering News Record. All area residents were advised that the fees would be adjusted and estimates placed the adjustment at 15% per year for the first three years and 10% per year for the next two. However, compliance with AB 1600 requires the adjustments to reflect actual changes in costs as reflected in the Engineer's Report. 17 3/2/92 RES. 92-87 - RESOLUTION OF THE CITY OF SAN BERNARDINO REVISING SECTION 1 OF RESOLUTION 90-2 RELATING TO THE AMOUNT OF AN INFRASTRUCTURE FEE TO BE LEVIED FOR RIGHT- OF-WAY IMPROVEMENTS AND PUBLIC IMPROVEMENTS. (31) Mayor Holcomb opened the hearing. Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that the hearing be closed, and that the resolution establishing the increase in infrastructure fee from $6,976 to $7,699, be adopted. Resolution No. 92-87 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Estrada. NIGHTLY NEWS PROGRAM UPDATE - CONTINUED FROM FEBRUARY 3, 1992 (33) This is relative to Bernardino. the the time and place continued nightly news program in to for an the City update of San Phil Arvizo, Executive Assistant to the Council, stated that the Mayor and Council have received a proposal from Arrowcom relative to the nightly news program. Stephani Congdon, Chairman of the Cable Commission, requested an opportunity for the Cable Commission members to review the proposal submitted by Television Television Arrowcom. Mayor Holcomb suggested that this matter be continued to the adjourned regular meeting of Saturday, March 7, 1992 for further discussion. Council Member Minor made a motion, seconded by Council Member Maudsley, and unanimously carried, that discussion relative to the nightly news program be continued to Saturday, March 7, 1992, at 8:30 a.m., in the Economic Development Agency Board Room, 201 North "E" Street, San Bernardino, California. WAIVER OF FEES FOR USE OF HERNANDEZ COMMUNITY CENTER- ANTI-DRUG AND GANG RALLY APRIL 9, 1992 JAMES ELDER'S ALL-AMERICAN YOUTH FOUNDATION (34) In a memorandum dated February 10, 1992, Annie Ramos, Director of Parks, Recreation and Community Services, reported that James Elder applied for use of the Hernandez Community Center on April 9, 1992, to conduct an Anti-Drug and Gang rally. Mr. Elder also requested a waiver of fees in the amount of $350, which includes rental costs for use of the gymnasium, assembly 18 3/2/92 rooms A and B, and the kitchen. charges, there is a $100 refundable also requested to be waived. In addition to the rental clean-up deposit fee that is Council Member Minor made a motion, seconded by Council Member Miller, that the request to waive fees in the amount of $350 for use of Hernandez Community Center for an anti-drug and gang rally, be denied. The motion carried by the following vote: Ayes: Members Maudsley, Minor, Pope-Ludlam, Miller. Nays: Member Reilly. Abstain: Council Member Hernandez. Council Member Estrada. Council Council Absent: WAIVER OF FEES AND CO-SPONSOR PARADE - MARCH 14, 1992 ST. PATRICK'S DAY (35) In a memorandum dated February 24, 1992, Shauna Clark, City Administrator, stated that the La Quinta Inn and the St. Patrick's Day Committee have requested financial assistance through co-sponsorship of its St. Patrick's Day parade scheduled for March 14, 1992. The waiver of fees for use of City manpower and equipment amounts to $2463.80. Council Member Minor made a motion, seconded by Council Member Miller, that the request for waiver of fees in the amount of $2,463.80 to cover the costs associated with the conduct of the St, Patrick's Day Parade on March 14, 1992, be denied. The Council discussed alternative funding sources. It was suggested that the Economic Development Agency locate a source of funds for this proposal. Council Member Reilly made a substitute motion, seconded by Council Member Pope-Ludlam, that the matter be referred to the Economic Development Agency to locate a funding source. The motion carried by the following vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam, Miller. Nays: Council Members Reilly, Hernandez. Absent: Council Member Estrada. Council Member Reilly made a motion, seconded by Council Member Hernandez, that the request for waiver of fees and co- sponsorship for the St. Patrick's Day Parade, be placed on the agenda for the March 7, 1992 Council meeting. *Note: No vote was taken on this motion. continued further discussion until later in the staff to confer with the Administrator of Development Agency regarding alternative funding page 31. The Council afternoon for the Economic sources. See 19 3/2/92 POLICY FOR SELECTION OF AND CITY LAND PURCHASES RELATED ITEM R-5) BROKERS - REDEVELOPMENT AGENCY - COUNCIL MEMBER ESTRADA (SEE (36) In a memorandum dated February 24, 1992, Council Member Estrada requested an opportunity to discuss and take possible action regarding the policy for selection of brokers for Redevelopment Agency and City land purchases. Phil Arvizo, Executive Assistant to the Council, on behalf of Council Member Estrada, requested that the matter be continued to the next Council meeting. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the matter relative to the policy for selection of brokers for Redevelopment Agency and City land purchases be continued to March 16, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. SELECTION OF OPTIONS AND POLICY DIRECTION 1992/93 BUDGET FOR FY (37) In a memorandum dated February 24, 1992, Shauna Clark, City Administrator, requested that the Mayor and Council make certain decisions for next year's budget that would give the department heads, and the Budget Committee general direction and save a tremendous amount of staff time. The following list of options could reduce the necessity for across-the-board cuts: 1. Eliminate reserve. or reduce the $1,000,000 appropriated 2. Forego or reduce the $1,000,000 dedicated to repayment of existing deficit. 3. Identify programs to be eliminated (this action will create further layoffs). 4. Approve additional chargebacks to EDA for maintenance of City Hall parking structure: $112,973 (less income from leases: $57,000) $55,973. 5. Refinance City Hall - create a savings of $500,000 per year (a total of $1,000,000 this year and next if this year's payment has not been made) and eliminates the need for $1,000,000 dedicated to repayment of existing deficit. 6. Raise taxes: $880,000. Each 1/2 cent on utility tax equals 20 3/2/92 Discussion ensued regarding previous action taken in February 1992 to balance the budget. Included in those actions were the elimination of 57 positions, approval of Redevelopment Agency chargebacks, increase in the utility users tax, and other cost-reducing measures. The Council inquired into the status of the San Manuel Mission Band of Indians' request to relocate its facilities. Council Member Minor made a motion, seconded by Council Member Reilly, to eliminate or reduce the appropriated reserve by one-half; to reduce repayment of existing deficit by one-half; to approve additional chargebacks to EDA for maintenance of City Hall parking structure; and to refinance City Hall. The motion carried by the following vote: Members Reilly, Hernandez, Minor, Pope-Ludlam, Council Member Maudsley. Absent: Council Member Ayes: Miller. Estrada. Council Nays: Mayor Holcomb suggested that a vote be taken separately on each of the proposed options. Council Member Minor made a motion, seconded by Council Member Reilly, to reduce the appropriated reserve account by $500,000. The motion carried by the following vote: Members Reilly, Hernandez, Minor, Pope-Ludlam, Council Member Maudsley. Absent: Council Member Ayes: Miller. Estrada. Council Nays: Council Member Minor made a motion, seconded by Council Member Reilly, and unanimously carried, to reduce the amount dedicated to repayment of existing deficit by $500,000. Council Member Minor made a motion, seconded by Council Member Reilly, to approve additional chargebacks to EDA for maintenance of City Hall parking structure in the amount of $112,973 (less income from leases of $57,000) $55,973. The motion carried by the following vote: Ayes: Council Members Reilly, Maudsley, Minor, Miller. Nays: Council Member Pope-Ludlam. Abstain: Council Member Hernandez. Absent: Council Member Estrada. Council Member Minor made a motion, seconded by Council Member Reilly, and unanimously carried, to refinance City Hall. 21 3/2/92 SERVICE PERCENT ADOPTED USERS TAX INCREASE TO EIGHT AND ONE-HALF ACTION TAKEN CONCERNING ORDINANCE MC-820 ON FEBRUARY 17, 1992 (38) City Attorney Penman explained that at the Council meeting of February 2, 1992, the Council's action relative to the ordinance on service users tax increase needed to be clarified. At the request of the City Attorney, the City Council verbally clarified and confirmed the intent of their action taken at the February 3, 1992 Council meeting wherein they enacted Ordinance No. MC-820 increasing the utility tax by 1/2 percent to eight and one-half percent. It was the Council's intent that such increase would take effect 31 days from the final reading of such ordinance. Therefore, Ordinance No. MC-820 would take effect on March 19, 1992. The sunset clause would expire on June 30, 1995, three years from July 1, 1992. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:36 a.m., Chairman Holcomb called the regular meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER MILLER EXCUSED At 11:38 a.m., Council Member Miller left the Council meeting. MASTER SERVICES AGREEMENT - RIDESHARE COORDINATOR POSITION (R-3) In a memorandum dated February 17, 1992, Peggy Ducey, Assistant City Administrator, reported that the City's part-time Rideshare Coordinator has been developing the required Trip Reduction Plan for the City and the Economic Development Agency for the past two years. Unfortunately, as part of the budget reductions by the Council, the part-time Rideshare Coordinator position was eliminated. It is recommended that the Economic Development Agency pay a portion of the Coordinator's salary, in the amount of $3000, to continue to develop and implement the Trip Reduction Plan for the Economic Development Agency. Council Member Minor made a motion, seconded by Council Member Maudsley, and unanimously carried, that the Mayor and Common Council and Community Development Commission approve contractual agreement and Master Services Agreement with the Economic Development Agency for the position of Rideshare Coordinator. 22 3/2/92 WEST SIDE PLAZA (R-4) In a memorandum dated February 26, 1992, Kenneth J. Henderson, Executive Director of the Development Department, stated that a construction loan for the West Side Plaza Project has been approved, and the project is under construction. The funding mix for the Agency's maximum obligation of $4.5 million included a $1,848,000 Urban Development Action Grant (UDAG). The Department of Housing and Urban Development (HUD) will provide $1. 00 in UDAG funds for every $2.98 spent on the project in private funds. The Development Department staff has been requested by the National Bank of Long Beach to open an account to assure that ample UDAG matching funds will be available when the bank releases its private matching funds. The account will be an interest bearing one in the name of the Agency. Work has already been completed in the project that is eligible for UDAG reimbursement upon HUD' s approval. The bank has released, and the Agency has received $505,279 of the original $700,000. At the conclusion of the project, the Agency will have $505,279 plus interest on deposit in the new account with the bank. Council Member Minor made a motion, seconded by Council Member Maudsley, and unanimously carried, that the Mayor and Common. Council authorize staff to open a new bank account with the National Bank of Long Beach with withdrawals to be executed by the Executive Director of the Development Department or designee to facilitate the securing and payment of Urban Development Action Grant Funds from the Federal Government. CITY BROKER SELECTION PoLICY (R-5 & 36) In a memorandum dated February 24, 1992, Council Member Estrada, requested to discuss and take possible action regarding the policy for selection of brokers for Redevelopment Agency and City land purchases. Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the matter relative to the City's broker selection policy be continued to March 16, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, so that Council Member Estrada can be present at the meeting. (See related item #36) 23 3/2/92 RES. 92-88 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CURRENT REFUNDING OF A PORTION, AND THE DEFEASANCE OF THE REMAINDER, OF THE CITY'S OUTSTANDING $18,840,000 SINGLE FAMILY MORTGAGE REVENUE REFUNDING BONDS (GNMA MORTGAGE-BACKED SECURITIES), SERIES 1990A, APPROVING ESCROW TRUST AGREEMENT RELATING TO SUCH DEFEASANCE AND PROVIDING FOR OTHER MATTERS PROPERLY RELATED THERETO. (R-6) Kenneth Henderson, Executive Director of the Development Department, answered questions regarding the estimated costs to defease the Bonds, and the amount of funds that would become available for use by the City. Council Member Pope-Ludlam made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 92-88 was Ayes: Council Members Reilly, Ludlam. Nays: None. Absent: adopted by the following vote: Hernandez, Maudsley, Minor, Pope- Council Members Estrada, Miller. RECESS MEETING At 12:04 p.m., the regular meeting of the Mayor and Common Council recessed to the luncheon workshop in the Management Information Center (MIC) Room, Sixth Floor, City Hall, to discuss the Capital Improvement Program. RECONVENE MEETING - LUNCHEON WORKSHOP At 12:33 p.m., Mayor Holcomb called the luncheon workshop to order in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; Barbara Skropos, Dep~ty City Attorney, City Clerk Krasney, City Administrator Clark. Absent: Council Member Estrada. CAPITAL IMPROVEMENT PROGRAM (39) In a memorandum dated January 6, 1992, Roger G. Hardgrave, Director of Public Works/City Engineer, reported that the basic purpose of the Capital Improvement Program (CIP) is to provide a generally agreed upon course of action for meeting anticipated future capital improvement needs of the community. Since there are more needs than available funds, priorities must be 24 3/2/92 established and the projects programmed in accordance with identified sources of funding. The Capital Improvement Program proposed for 1991/92 to 1995/96 represents the expenditure of $91,684,038. Projects are grouped in the following categories: 1. General BUildings 2. Street & Street Lighting 3. Sewers 4. Storm Drains 5. Traffic Controls 6. Parks and Recreation 7. Recreational Field Lighting Roger Hardgrave, Director of Public Works/City Engineer, gave an overview of the booklet entitled "Proposed Capital Improvement Program 1991-92 to 1995-96" for the City of San Bernardino. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 1:26 p.m., Council Member Pope-Ludlam left the luncheon workshop. COUNCIL MEMBER MILLER EXCUSED At 1:28 p.m., Council Member Miller left the luncheon workshop. COUNCIL MEMBER At 1:38 p.m., workshop. MAUDSLEY EXCUSED Council Member Maudsley left the luncheon COUNCIL MEMBER MINOR EXCUSED At 1:39 p.m., Council Member Minor left the luncheon workshop. No action was taken during the luncheon workshop. RECESS MEETING At 1:39 p.m., the luncheon workshop recessed to 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2: 02 p. m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam; Deputy City Attorney Empeno; City Clerk Krasney, City Administrator Clark. Absent: Council Members Estrada, Miller. 25 3/2/92 APPEAL - PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT NO. 91-39 - CONSTRUCT/REMOVE A BILLBOARD TO FACILITATE THE CONSTRUCTION OF A RETAIL CENTER- GANNETT OUTDOOR CO., INC. - CONTINUED FROM FEBRUARY 17, 1992 (40) This is the time and place continued to for an appeal of the Planning Commission's denial of Conditional Use Permit No. 91-39, a request to construct a billboard on the same site that a billboard was removed to facilitate the construction of a retail center. The subject property is located on the west side of the 700 South block of "E" Street, across from the Orange Show Fairgrounds. In a memorandum dated February 24, 1992, Al Boughey, Director of Planning and Building Services, stated that the applicant, Gannett Outdoor Co., Inc., is appealing the denial of Conditional Use Permit No. 91-39, by the Planning Commission. The applicant requests that the Mayor and Common Council approve a conditional use permit to construct a billboard on the same site that a billboard was removed to facilitate the construction of a retail commercial center. Al Boughey, Director of Planning and Building Services, requested that this item be continued for thirty days to give staff an opportunity to meet with representatives of Gannett Outdoor Co., Inc. and the City Attorney's Office. Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the appeal regarding Conditional Use Permit No. 91-39, be continued to 2:00 p.m., April 6, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. APPEAL - PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT NO. 91-28 AND VARIANCE NO. 91-08 - OFF-SITE SALE OF BEER AND WINE 1255 W. BASELINE STREET- KENZIE WOOTEN - CONTINUED FROM FEBRUARY 3, 1992 (41) This is the time and place continued for an appeal of the Planning Commission's denial of Conditional Use Permit No. 91-28 and Variance No. 91-08, requesting approval to permit the sale of beer and wine for off-site consumption, a variance permitting a convenience store to be constructed on less than the minimum lot size, and permit a reduction in loading space requirements. The applicant is Kenzie L. Wooten. In a memorandum dated February 15, 1992, Al Boughey, Director of Planning & Building Services, recommended that the Mayor and Council deny the appeal, and deny Conditional Use Permit No. 91-28 and Variance No. 91-08, based on the findings of 26 3/2/92 fact contained in the staff report dated November 6, 1991; that the distance standards for convenience stores not be amended and the Variance section not be amended to include reductions to the distance requirements for convenience stores. Mayor Holcomb opened the hearing. Larry Reed, Assistant Director, Planning and Building Services, gave background information relative to the appeal. At the Council meeting of January 21, 1992, the appeal was continued to allow the City Attorney time to research the matter and come back with a written legal opinion providing options for the Council. Henry Empeno, Deputy City Attorney, stated that Legal Opinion No. 92-05, regarding Conditional Use Permit No. 91-28 and Variance No. 91-08 for 1255 W. Baseline has been completed'. Mr Empeno analyzed the facts regarding the applicant, and read the following conclusion outlining options for the Mayor and Council to consider: 1. The Mayor and Council may deny the appeal and deny CUP 91-28 and Variance 91-08; or 2. The Mayor and Council may continue the hearing and direct staff to process an amendment to the Development Code, to revise the distance criteria for convenience stores and for establishment with off-site sales of alcoholic beverages. Mr. Empeno stated that these options are proximity of the site to an existing residence, other outlets for alcoholic beverages. based on church, the and Kenzie Wooten, 1588 Western Avenue, San Bernardino, CA, stated that the Planning Department's report contained misleading information. He referred to page two of the opinion which addressed the matter of the three checks submitted in 1990 for processing fees for Review of Plans 91-13. Mr. Wooten explained the circumstances which delayed the processing of his application and the opposition he encountered in dealing with the Planning Department. He pointed out that he had submitted his application to the City two years prior to the adoption of the new Development Code. Mr. Wooten read into the record a letter dated February 27, 1992 addressed to Deputy City Attorney Empeno ". .pursuant to our recent telephone conversation regarding the above case we are enclosing herewith the information we have to support our contention this case should not be required to proceed under the newly adopted Development Code of June 3, 1991. It should be 27 3/2/92 grandfathered to proceed with processing under the old development code prior to June 3, 1991. As you may recall from our conversation, the difficulty arose whepa check was presented to the Planning Department on a bank account that had been closed. Our designer was not aware, of this. All company accounts had been moved to a bank in San Bernardino. . .". Mayor Holcomb requested legal clarification relative to this project and whether or not the project could be grandfathered under the old Development Code standards. Deputy City Attorney Empeno stated that pursuant to the legal research and factual research, he has taken into consideration the letter from Mr. Wooten's consultant dated February 27, 1992, and these facts do not change the facts, analysis, or conclusion of the legal opinion. Mr. Empeno stated that by law the Council cannot grant a conditional use permit or variance, unless the Development Code is amended. Deputy City Attorney Empeno stated that when the Development Code was adopted, the Council discussed how to handle applications that were in the process, and whether the Development Code would have an impact on those applications which are deemed complete or grandfather those applications which have just been submitted. The Council ruled that applications submitted prior to June 3, 1991, the effective date of the Development Code, be deemed complete. Mr. Empeno stated that Mr. Wooten's application was not deemed complete until August 9, 1991. Mayor Holcomb stated that the only option available to Mr. Wooten would be for the City to amend the Development Code to provide that applications that are in the process, although not deemed complete, be grandfathered under the old development standards. Mr. Empeno agreed that the only relief for Mr. Wooten would be to amend the Development Code. Mayor Holcomb suggested a motion to amend the Development Code to allow for the processing of applications that were in the pipeline although not deemed complete. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, to direct staff to start the amendment process to permit applications in the pipeline, prior to when the Development Code became effective, to be looked upon as being grandfathered. *Note: No vote was taken at this time. Deputy applications Wooten's. City Attorney Empeno pointed out that other have been considered with problems similar to Mr. 28 3/2/92 PERSONNEL ACTIONS - DISCUSSED EARLIER IN THE MEETING. SEE PAGE 11 (13) This is the time and place continued to consider the personnel actions. After a review of the personnel action list, it was determined that line item 15 was a duplicate and should be deleted. Council Member Minor made a motion, seconded by Council Member Reilly, and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated February 21, 1992, in accordance with all administrative regulations of the City of San Bernardino, be approved except for line Item 15, regarding the promotion for Tony Page, Fire Department. CHANGE ORDER NO. TWO STREET LIGHTS - WATERMAN - STEINY & COMPANY, INC. INSTALLATION OF AVENUE FROM 2ND TO ADDITIONAL 9TH STREETS (S-2) In a memorandum dated February 26, 1992, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that paxin Electric failed to perform on the original contract to install street lights on Waterman Avenue, from Second Street to Ninth Street. The bonding company therefore arranged to have the work done by Steiny & Company, Inc. Steiny & Company has quoted a price of $18,893.59. Staff recommended that Change Order No. Two to the contract with Steiny & Company, Inc. be approved, to incorporate the installation of the nine additional street lights. Council Member Pope-Ludlam made a motion, seconded by Council Member Minor, and unanimously carried, that the transfer of $18,900 from Account No. 129-309-57837, "Widen Tippecanoe Avenue (east side), from I-10 to Hardt Street," to Account No. 129-309-57281, "Installation of nine street lights on Waterman Avenue," be approved. Council Member Pope-Ludlam made a motion, seconded by Council Member Minor, and unanimously carried, that Change Order No. Two to the contract with Steiny & Company, Inc., for installation of street lights on Waterman Avenue, from 2nd to 9th Street, in accordance with plan No. 8201, be approved, to authorize the installation of nine additional street lights, for an increase in the contract price of $18,893.59, from $62,406.00 to $81,299.59. 30 3/2/92 -_._---._--_._--_.._-,--,_.~-,--- DEPUTY CITY ATTORNEY EMPENO EXCUSED Deputy City Attorney Empeno left the Council meeting and was replaced by City Attorney Penman. - City Attorney Penman explained the difficulty encountered with the checks submitted to pay the application processing fees. He pointed out that the original application did not include the sale of liquor. Mayor Holcomb suggested that legislation be changed in such a way that it does not open a pandora's box, but only applies to situations similar to Mr. Wooten's case. City Attorney Penman urged the Council to consider the ramifications of such a motion. Ruben Lopez, 631 W. 16th Street, San Bernardino, Ca., spoke in opposition to the project. He stated that Planning staff diligently carried out their duties in handling this matter. Mr. Lopez expressed concern that the City is not enforcing the standards imposed by the Development Code and objected to Mr. Wooten's request to grandfather his project under the old Development Code standards. Carlton Deon, owner of Carlton Deon Real Estate, and owner of property adjoining Mr. Wooten's project, expressed concern regarding the legal aspects expressed by the City Attorney. Mr. Deon felt that there should be no argument regarding when the application was submitted to the City for approval as dates are indisputable. Council Member pope-Ludlam amended her motion, seconded by Council Member Hernandez, to direct staff to prepare an ordinance change to the Development COde, in the narrowest form, to apply to situations similar to Mr. Wooten's case so that it could be looked at on the merits of the old Development Code. *Note: No vote was taken at this time. Discussion ensued regarding whether or not Mr. Wooten would have the privilege to appeal the decision of the Planning Commission if the original application is grandfathered under the old standards. It was pointed out that if the Planning Commission denies the application, an appeal can be made before the Mayor and Council. Council Member Hernandez made a substitute motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the appeal be continued to March 16, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 29 3/2/92 REQUEST TO WAIVE FEES AND CO-SPONSOR ST. PATRICK'S DAY PARADE - DISCUSSED EARLIER IN THE MEETING. SEE PAGE 19 (35) This is the time and place continued to consider a request to waive fees and co-sponsor the St. Patrick's Day Parade as discussed earlier in the meeting. The Mayor and on the Economic consideration. . Council requested that this matter be placed Development Agency agenda for further Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam that the request for waiver of fees and co- sponsorship of the St. Patrick's Day Parade, be placed on the Economic Development Agency agenda for the March 7, 1992 Council meeting. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Maudsley, Pope-Ludlam. Nays: Member Minor. Absent: Council Members Estrada, Miller. Council Council RECESS MEETING At 2:51 p.m., the regular meeting of the Mayor and Common Council recessed until 7:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California for a public hearing establishing an electrical energy fee for use of outdoor s~orts facilities by youth sports organizations. RECONVENE MEETING At 7:06 p.m., Mayor Pro Tempore Reilly regular meeting of the Mayor and Common Council Chambers of City Hall, 300 North "D" Street, California. reconvened the in the Council San Bernardino, ROLL CALL Roll call was taken with the following being present: Mayor Pro Tempore Reilly; Council Members Reilly, Hernandez, Maudsley, Pope-Ludlam; City Attorney Penman; City Clerk Krasney; City Administrator Clark. Absent: Mayor Holcomb; Council Members Estrada, Minor, Miller. INVOCATION The invocation was given by Phil Arvizo, Assistant to the Council. Executive PLEDGE OF ALLEGIANCE The pledge of allegiance Consoie, Jason Rhodes, and Ricky was led Hinkle. by Sean Caras, David 31 3/2/92 PUBLIC HEARING - ESTABLISHING AN ELECTRICAL ENERGY FEE - USE OF OUTDOOR SPORTS FACILITIES BY YOUTH SPORTS ORGANIZATIONS (32) This is the time and place set for establishing an electrical energy fee for use facilities by youth sports organizations. a public hearing of outdoor sports RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 91-35 MODIFYING FEES FOR USE OF BUILDINGS, SPORTS FACILITIES, PARK AND RECREATION FACILITIES, ALCOHOL USE PERMITS, PARKS AND PARKING LOTS, EQUIPMENT AND SERVICES AND STURGES AUDITORIUM, BY ESTABLISHING ELECTRICAL ENERGY FEES FOR YOUTH SPORTS ORGANIZATIONS AND ESTABLISHING 50% OF THE CURRENT RATE FOR USE OF PARK AND RECREATION FACILITIES BY SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT. (32) Mayor Pro Tempore Reilly opened the hearing. John Kramer, Superintendent of Recreation, stated that the energy electrical fees were submitted to the Council in an attempt to respond to the budget shortfall. The objective of the budget reduction proposes to charge an energy fee to all youth sports organizations currently exempt by the fee resolution. The anticipated annual savings would be $51,600. The proposed energy fees are $4.50 per hour for use of the small fields; and $5.50 per hour for use of the large fields. The maximum estimated cost that a little league would incur for use of a small field would be $1,404; and the maximum estimated costs for use of a senior little league field would be $2,088. The resolution further proposed that youth organizations project their schedules on a once-a-month basis. John 0' Grady, District Administrator, Little League Baseball, District 43, suggested conservation measures to reduce the energy electrical costs for little league teams. He pointed out that little league teams could conduct their practice games during the day; make certain that all lights at the ball fields are turned off; and establish curfew hours for all ballfield lights. John Kramer answered questions regarding the number sports organizations that would be affected by the energy fees. City Administrator Clark proposed that implementation of the proposed fees be suspended until July 1, 1992, for the purpose of evaluating the conservation efforts suggested by the little leagues. She stated that the resolution could be brought back of youth proposed 32 3/2/92 July 1, 1992 with alternatives which could include: the sharing of fees with other youth sports teams; the City could identify another source of funds to finance the energy costs; or the City could request the Police Department to fund a DARE Officer position utilizing asset forfeiture funds then the City could use the General Fund money to pay the youth sports energy fees. Ms. Clark answered questions regarding any future utility increases between now and the first of July 1992 that would affect the proposed energy fees listed in the proposed resolution. Dave Harp, Assistant District Administrator, District No. 43, urged the Council to forego charging the leagues for use of the ballfield lights for this season. He proposed that all youth sports teams have tryouts during the weekends instead of during the week, thus producing a reduction in energy costs to the City. At the end of the little league season, a review of the energy costs can be made to determine energy costs that would be charged to each team. Joe Baca, a business owner in the City of San Bernardino, urged the Council to waive the proposed energy fees this year. He spoke in support of the little league youth organization's many contributions to youth, and encouraged all citizens to take preventative measures and invest in the youth and support youth sports. Carl Stratton, President of Newmark Little League, spoke of the leagues' efforts in teaching the youth responsibility, and how to become productive citizens. He stated little league not only teaches youth how to play ball, but also teaches alternatives to drug abuse, gang activity, and crime. He suggested that the City and the little league teams work together to identify other funding sources. Ann Taylor, a City employee, provided statistics on the estimated costs that a parent would have to pay if the proposed energy fees were approved by the Council. Council Member Maudsley made a motion, seconded by Council Member pope-Ludlam, and unanimously carried, that the City forego implementation of the resolution until July 1, 1992; that the Parks, Recreation and Community Services Department be directed to report back to the Council no later than August 1, 1992 on the costs/savings for the baseball season. Discussion ensued regarding use of the Sturges Auditorium. It was pointed out that the resolution incorporated fees for use of all recreational facilities. 33 3/2/92 Mr. Kramer back relative facilities. suggested that a separate resolution be brought to fees and use of park and recreational ADJOURNMENT (42) At 7:46 p.m., the regular meeting of the Mayor and Common Council adjourned to 8:30 a.m., Saturday, March 7, 1992 in the Economic Development Agency Board Room, 201 North "E" Street, San Bernardino, California. RACHEL KRASNEY City Clerk 1..7Ji4 es, Deputy City Clerk No. of Items: 47 No. of Hours: 6 hrs. 34 3/2/92