Loading...
HomeMy WebLinkAbout05-18-1992 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING MAY 18, 1992 COUNCIL CHAMBERS The regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Pro Tern Reilly at 8:35 a.m., Monday, May 18, 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 Pro Tern Reilly; Council Members Reilly, Hernandez, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: Mayor Holcomb; Council Members Estrada, Pope-Ludlam. . RECESS MEETING - CLOSED SESSION (1 & S-2) At 8:35 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's right of access to public services or public facilities pursuant to Government Code Section 54957; e. to confer with the litigation pursuant to 54956.9(b)(l), as there litigation; attorney regarding pending Government Code Section is significant exposure to 1 5/18/92 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 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 Comoanv. 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 Vallev Develooment Aaencv. et al - San Bernardino Superior Court Case No. 255222; Countv vs. Ci tv of San Bernardino (RDA) - San Bernardino Superior Court Case No. 25824l; 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. Liberty Cable T.V.. et al- United States District Court Case No. 82-6876 WMB; Citv of San Bernardino vs. Countv of San Bernardino. et al- Riverside Superior Court Case No. 207900; Tomas Armendariz. et al vs. James F. Penman. et al - United States District Court Case No. 91-5757 CMB (WRx); Matthew Hobbs vs. Ci tv of San Bernardino. et al San Bernardino Superior Court - Case No. 250971; Citv of San Bernardino vs. Skadron - San Bernardino Superior Court Case No. 266719; Paul Stark vs. Citv of San Bernardino. et al San Bernardino Municipal Court - Case No. 138304; Francis Foo vs. James F. Penman. et al United States District Court. Case No. CV-91-3056RG(KX). Amrut Patel. et al vs. James F. Penman. et al United States District Court. Case No. CV-9l-l420 RG (KX). 2 5/18/92 Marina Contractors. Inc.. A California Coro. vs. Penhall Co.. et al San Bernardino Suoerior Court. Case No. 258670. CLOSED SESSION At 8:35 a.m., Mayor Pro Tem Reilly called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Pro Tem Reilly; Council Members Reilly, Hernandez, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: Mayor Holcomb; Council Members Estrada, Pope-Ludlam. Also present were: Senior Assistant City Attorney Morillo; and Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office. COUNCIL MEMBER At 8:38 a.m., closed session. POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the MAYOR HOLCOMB ARRIVED At 8:41 a.m., Mayor Holcomb arrived at the closed session. COUNCIL MEMBER ESTRADA ARRIVED At 8:42 a.m., Council Member Estrada arrived at the closed session. SENIOR ASSISTANT CITY ATTORNEY MORILLO EXCUSED At 9:04 a.m., Senior Assistant City Attorney Morillo left the closed session. DEPUTY CITY ATTORNEYS ROTH & EMPENO ARRIVED At 9:05 a.m., Deputy City Attorneys Roth and Empeno arrived at the closed session. DEPUTY CITY ATTORNEY ROTH EXCUSED At 9:07 a.m., Deputy City Attorney Roth left the closed session. CITY ADMINISTRATOR CLARK EXCUSED At 9:12 a.m., City Administrator Clark left the closed session. CITY ATTORNEY PENMAN EXCUSED At 9:14 a.m., City Attorney Penman left the closed session. MAYOR HOLCOMB EXCUSED At 9:14 a.m., Mayor Holcomb left the closed session. 3 5/18/92 MARGARET SCROGGIN, ADMINISTRATIVE OPERATIONS SUPERVISOR EXCUSED At 9:15 a.m., Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office, left the closed session. CITY CLERK KRASNEY EXCUSED At 9:15 a.m., City Clerk Krasney left the closed session. DEPUTY CITY CLERK VALE ARRIVED At 9:20 a.m., Deputy City Clerk Vale arrived at the closed session. CITY CLERK KRASNEY RETURNED At 9:25 a.m., City Clerk Krasney returned to the closed session. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Vale read the titles of all the resolutions and ordinances on the regular, supplemental, addendum supplemental, and Community Development Commission agendas while the Council was in closed session. ADJOURN CLOSED SESSION At 9:30 a.m., the closed session adjourned to the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 9:32 a.m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: None. INVOCATION The invocation was given by Rev. Frank Gray, St. Paul A.M.E. Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Maudsley. ANNOUNCEMENT - CITY CLERK KRASNEY - OPEN HOUSE - MAY 20, 1992 (2) Rachel Krasney, City Clerk, explained that the City will sponsor an Open House on Wednesday, May 20, 1992 from 12:00 noon ~ 4 5/18/92 until 7:00 p.m. to showcase the talents and achievements of City employees and departments. May 20th coincides with Founders' Day in the City of San Bernardino, and will be the 182nd anniversary of the City's founding. All residents are invited to tour City Hall, and the Economic Development Agency in the City Hall Annex. There will be displays of current and historical equipment and vehicles, displays from the Historical Society, and our adopted school Ramona-Alessandro. The theme is "San Bernardino Past, Present and Future". Everyone is welcomed to attend in a positive celebration of the community of San Bernardino. City Clerk Krasney presented the Mayor and Common Council, City Attorney Penman and City Administrator Clark with T-shirts commemorating the Open House, which were designed by Geri Hilbig from Geri's Screenprinting. City Clerk Krasney presented a T-shirt to Mildred Hudson and Mrs. Shovey, of the San Bernardino Historical Society, as a memento of the 182nd anniversary of the founding of the City of San Bernardino. ANNOUNCEMENT PEOPLE COUNCIL MEMBER HERNANDEZ HOMELESS (2) Council Member Hernandez expressed concern relative to the homeless people who congregate on 2nd Street, and asked that a shelter be found to house these homeless people. PUBLIC COMMENTS - JOHN STEVENS - PARKING RESTRICTIONS (3) John Stevens, 3097 North Pershing Avenue, San Bernardino, CA, recommended that all two-hour parking restrictions be suspended during Mayor and Council meetings. He expressed concern over the absence of security guards to protect vehicles in public parking areas. Council Member pope-Ludlam recommended that Mr. Stevens' concerns relative to parking restrictions be referred to the Legislative Review Committee. PUBLIC COMMENTS - BOB CANTU (3) Bob Cantu, Cantu Incorporated, 362 Bernardino, CA, requested a response submitted relative to the renovation buildings in the City of San Bernardino. North "D" Street, San to letters previously of historic masonry PUBLIC COMMENTS - HARRY CARSON - AMBASSADOR OF GOODWILL PROGRAM (3) ~..-. Harry Carson, 745 N. Dallas Avenue, San Bernardino, CA, 5 5/18/92 recommended that the Ambassador of Goodwill Program be reactivated by the Mayor and Council as a human relations committee to be utilized in times of crisis in the City of San Bernardino. PUBLIC COMMENTS - JEFF WRIGHT - PARKING RESTRICTIONS (3) Jeff Wright, P.O. Box 2341, San Bernardino, CA, recommended that all two-hour parking restrictions be suspended during Mayor and Council meetings. He expressed concern over the absence of security guards in public parking areas. PUBLIC COMMENTS - BOB WEATHERHOLD - ACE ENGINEERS (3) Bob Weatherhold, ACE Engineers, 362 North "D" Street, San Bernardino, CA, recommended that the City of San Bernardino, through the Economic Development Agency, develop a central source to coordinate and facilitate information and efforts to improve the downtown area. PRESENTATION - EMPLOYEE RECOGNITION AWARDS (4) J. Lorraine Velarde, Executive Assistant to the the following names of employees receiving employee awards for the first quarter of 1992: Mayor, read recognition Mark Yavornicky Management Confidential Employee Category Mid-Management Employee Category Safety Employee Category General Employee Category Jan Burch Phillip Drury Chris Shovey SERVICE PIN AWARDS CEREMONY (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of employees receiving service pin awards. Each employee received a service pin from Mayor Holcomb in gratitude of his/her many years of dedicated service to the City. ANNOUNCEMENT - COUNCIL MEMBER ESTRADA - LINDA PERDOMO- DONATIONS FOR MEMORIAL FUND (2) Council Member Estrada stated that on May 8th there was an article in The Sun regarding Linda Perdomo, a ten-year old girl who was the victim of a hit and run accident. She explained that she had been contacted by Linda Auzenne, who works at the school Linda Perdomo attended. Anyone wishing to make a donation to the memorial fund for Linda Perdomo's burial and family could contact Ms. Auzenne at 862-2261. 6 5/18/92 WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (5) Council Member Minor made a motion, seconded by Council Member Reilly, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental, addendum supplemental and Community Development Commission agendas, be waived. COUNCIL MINUTES (6) Council Member Minor made a motion, seconded by Council Member Reilly, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino, be approved as submitted in typewritten form: March 16, 1992, and April 17, 1992. EMPLOYEE PERSONAL COMPUTER (PC) RECEIVE & FILE REPORT PURCHASE PROGRAM- (8) In a memorandum dated May 5, 1992, Janis Ingels, Director of Management Information Systems, stated that on February 17, 1992, the Mayor and Council authorized Management Information Systems (M.I.S.) to develop an employee personal computer (PC) purchase program. A Committee was formed to research and implement an employee PC purchase program. The Committee wrote specifications for a basic system and requested quotes from fifty-two computer vendors. Sixteen vendors responded to the request for quotes; however, none offered quantity discounts. Quantity discounts generally occur if more than two hundred units are purchased. Many vendors were unable to provide reasonable financing, and those vendors who did proposed interest rates of lB or 19%. Quoted prices for the PC's were above current industry pricing. Therefore, the Committee rejected all quotes for the reasons noted. As an alternative, it is proposed that the following program be implemented in lieu of the original PC purchase program: a) negotiate with the San Bernardino City Credit Union to provide financing to interested employees at the current rate of interest; b) provide employees with flyers describing the basics for a PC system, including what to look for, warranties, and possibly a list of reputable vendors; and c) offer employees the benefit of payroll deduction to re-pay their Credit Union loan. The alternative plan would be beneficial by providing financing through a local source, and allowing employees to purchase the system, peripherals, and software of their choosing, with the benefit of availing themselves of payroll deductions as a means of repayment. 7 5/18/92 Council Member Minor made a motion, seconded by Council Member Reilly, and unanimously carried, that the report regarding the Employee Personal Computer (PC) Purchase Program, be received and filed. ARROWHEAD AVENUE LANDSCAPE INSTALLATION & MAINTENANCE ASSESSMENT DISTRICT - AUTHORIZATION TO PROCEED (10) In a memorandum dated April 27, 1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that a petition had been received requesting the formation of an assessment district for the installation and maintenance of landscaping in portions of Arrowhead Avenue, generally between Mill Street and Orange Show Road. The petition is pursuant to the National Orange Show's plans to landscape the frontages of its properties along Arrowhead Avenue. The National Orange Show has offered to share the proposed landscaping plans, which include plans for irrigation and lighting, if the City would investigate the formation of an assessment district which would include, and enable, the remainder of Arrowhead Avenue between Mill Street and Orange Show Road to be landscaped. The National Orange Show currently owns sixty-one percent of the frontage area within the proposed district's boundaries along Arrowhead Avenue, between Mill Street and Orange Show Road that is liable to be assessed for the improvements and annual maintenance. The assessment would include the installation and annual maintenance of landscaping, energy costs, and administrative costs. Prior to the preparation of an assessment district boundary map and Engineer's Report, staff plans to meet with the property owners involved to discuss the proposed assessment district in detail as well as other related concerns. Council Member Minor made a motion, seconded by Council Member Reilly, and unanimously carried, that the City Engineer and City Clerk be authorized to proceed with initiating the establishment of an assessment district under the provisions of Chapter 12.90 of the San Bernardino Municipal Code, and that the City Engineer be directed to prepare an Engineer's Report for the proposed installation and maintenance of landscaping in a portion of Arrowhead Avenue, generally between Mill Street and Orange Show Road, in the City of San Bernardino. CLAIMS AND PAYROLL (19) Council Member Minor made a motion, seconded by Council Member Reilly, and unanimously carried, that the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated May 11, 1992, from the Director of Finance, be approved. 8 5/18/92 PERSONNEL ACTIONS (20) Council Member Minor made a motion, seconded by Council Member Reilly, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated May 7, 1992, in accordance with all administrative regulations of the City of San Bernardino, be approved. JOINT POWERS FINANCING AUTHORITY - REGULAR MEETING (21) Council Member Minor made a motion, seconded by Council Member Reilly, and unanimously carried, that the regular meeting of the Joint Powers Financing Authority be adjourned to June 15, 1992. RES. 92-163 - RESOLUTION OF THE CITY OF SAN BERNARDINO SUPPORTING EXPEDITED TRANSFER OF UNCONTAMINATED PARCELS OF LAND ON CLOSED AND CLOSING MILITARY BASES. (24) RES. 92-164 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH FEDERAL, STATE, COUNTY AND CITY PUBLIC ENTITIES TO CONTINUE PARTICIPATION IN A CLANDESTINE LABORATORY TASK FORCE TO INVESTIGATE AND PROSECUTE CRIMINAL CASES INVOLVING ILLEGAL MANUFACTURING OF CONTROLLED SUBSTANCES. (25) RES. 92-165 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH WILLIAM S. LANE (POLYGRAPHIST), INTERNAL CONTROL FOR PROVIDING PRE-EMPLOYMENT POLYGRAPH EXAMINATIONS FOR LAW ENFORCEMENT TRAINEES, LATERAL POLICE OFFICERS, PRE- SERVICE aPPLICANTS, AND RESERVE POLICE OFFICER APPLICANTS TO THE SAN BERNARDINO POLICE DEPARTMENT. (26) Council Member Minor made a motion, seconded by Council Member Reilly, that said resolutions be adopted. Resolution Nos. the following vote: Hernandez, Maudsley, Absent: None. 92-163, 92-164 and 92-165 were adopted by Ayes: Council Members Estrada, Reilly, Minor, Pope-Ludlam, Miller. Nays: None. FY 1992/93 BUDGET REVIEW - SELECT DATES (7) In a memorandum dated May 12, 1992, Fred Wilson, Assistant City Administrator, recommended that dates be selected for a review of the City's 1992/93 budget. The proposed dates are June 8, 11 or 17, with subsequent dates, if necessary, of June 22, 25 or 29, 1992. Council Member Minor made a motion, seconded by Council 9 5/18/92 Member Maudsley, and unanimously carried, that the dates of June 8, 11 and 17 be selected for a review of the 1992/93 budget. ESTABLISH NEW CLASSIFICATION SERVICES ARBORIST PUBLIC (9) In a memorandum dated May 7, 1992, Barbara Dillon, Director of Personnel, stated that a request had been received from Manuel P. Moreno, Jr., Director of Public Services, to establi sh the classification of Arborist. The salary for Arborist is recommended to be established at Range 2396, $2,900 to $3,8B6 per month. The annual compensation for Arborist, including 21.37% for variable fringe benefits that rise with salary, is $42,237 at Step One, and $56,597 at Step Seven. At its June 27, 1991 meeting, the Personnel Committee approved the request to establish one position of Arborist in the Public Services Department, Street Division, and set the salary at Range 2396. The minimum qualifications for the classification of Arborist were approved by the Civil Service Board at its meeting of April 14, 1992. Council Member Estrada made a motion, seconded by Council Member Hernandez, and unanimously carried, that consideration of establishing a new classification of Arborist in the Public Services Department, be continued to June 15, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. FILL-IN STREET IMPROVEMENTS - CHAPTER - APPROVAL OF PLANS. & AUTHORIZATION BIDS 27 - INSTALLATION TO ADVERTISE FOR ( 11) In a memorandum dated April 24, 1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for the installation of fill-in street improvements have been completed and the project is ready to be advertised for bids. The project consists of installing fill-in street improvements, such as curbs and gutters, sidewalk, paving, etc., at various locations. The total estimated project cost is $50,300. All costs incurred for installation of these fill-in street improvements would be recovered from assessments on the parcels, over a three year period, plus seven percent interest. Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the approval of plans and authorization to advertise for bids for installation of fill-in street improvements, in accordance with Plan No. 8690, be continued to June 1, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 10 5/18/92 KENDALL DRIVE & UNIVERSITY PARKWAY TRAFFIC SIGNALS - APPROVAL OF PLANS & ADVERTISE FOR BIDS MODIFICATION- AUTHORIZATION TO (12) In a memorandum dated April 24, 1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for the modification of traffic signals at Kendall Drive and University Parkway, and installation of a new curb return on the southwest corner, have been prepared and the project is ready to be advertised for bids. Modification of the traffic signals would consist of providing separate left-turn phases for Kendall Drive. The total estimated project cost is $105,000. An amount of $85,254.70 was paid by the adjacent developer as mitigation of the impacts created by the development. The Co-Operative Agreement with the Department of Transportation provided that Caltrans would pay $27,000 as their share of the project cost. These amounts are sufficient to cover the total estimated project cost. Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the plans for modification of the traffic signals at Kendall Drive and University Parkway, in accordance with Plan Nos. 7754 and 8299, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council meeting. CHANGE ORDER NO. SIX LANDSCAPING MAINTENANCE- ASSESSMENT DISTRICTS NO. 956 & 96B CONTRACT EXTENSION ONE YEAR 7/1/92 TO 6/30/93 PRICE INCREASE OF 3.75% FROM $34,200.50 TO $35,483.02- MENTONE TURF SUPPLY - TRANSFER FUNDS (13) In a memorandum dated April 30, 1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that special provisions for maintenance of landscaping in Assessment District Nos. 956 and 968 provide that the contract may be extended for two one-year periods, and any adjustments in the contract prices are to be negotiated at the time of each renewal. Contract Change Order No. Six extends the contract for one year. The contract was previously extended from July 1, 1991 to June 30, 1992 with no increase in contract unit prices. The contractor has agreed to accept a 3.75% increase in the contract unit price for the 1992/93 renewal period, thereby increasing the contract price from $34,200.50 to $35,483.02. The total estimated annual cost, including incidental costs, is $52,848.02. Funds to cover the costs incurred would be up- fronted by the City, and reimbursed through special assessments 11 5/18/92 placed on the tax bills for parcels within the assessment district, pursuant to the resolutions establishing the districts. City Engineer Hardgrave explained that each assessment district was its own legal organization and is self-supporting. The City spends the money up-front for the district, then parcels within the district are assessed for the costs the following year, the costs are recovered in this manner. In the past, these up-front costs have been paid out of the general fund, although, the City is now developing alternative funding sources. He explained that the assessment district reserve fund is generated by a one percent administrative fee from the sale of bonds. Shauna Clark, City Administrator, recommended the establishment of a contingency fund for each assessment district, in order to eliminate the one-year lag in cost recovery. Discussion ensued regarding establishing a contingency fund for assessment districts so that the City's general fund would not have to up-front the expenses and then wait for reimbursement. Jeff Wright , P.O. Box 2341, San Bernardino, CA, expressed concern relative to the funding source for the landscaping of these locations. Council Member Reilly made a motion, seconded by Council Member Miller, and unanimously carried, that Change Order No. Six to the contract with Mentone Turf Supply, for maintenance of landscaping in Assessment Districts No. 956 and 968, in accordance with Plans No. 6l92-A and 6056-A, be approved; to extend the contract for a period of one year, from July 1, 1992 to June 30, 1993, at a 3.75% increase in the contract unit prices, for an increase in the total annual contract price from $34,200.50 to $35,483.02; and that the transfer of $52,849.00 from Account No. 254-000-30405, "Assessment District Reserve Fund," to Account Nos. 251-641-53925 and 251-627-53925, Assessment District Nos. 956 & 968," be approved. ~ COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council meeting and took her place at the council table. CHANGE ORDER NO. TWO EXPAND SCOPE LANDSCAPING MAINTENANCE - ASSESSMENT DISTRICT PRICE INCREASE OF $10,839.25 - MENTONE TURF TRANSFER FUNDS OF WORK- NO. 959- SUPPLY - (14) In a memorandum dated May 7, 1992, Director, Public Works/City Engineer, stated within Zone One of Assessment District No. Hills, has been installed by the subdivider, as Roger Hardgrave, that landscaping 959 for Shandin required by the 12 5/18/92 conditions of approval for the tract. The one-year establishment period terminated in March, 1992, and landscaping has been accepted by the City for maintenance. The maintenance of the recently accepted landscaping will be incorporated into the contract with Mentone Turf Supply for Assessment District No. 959. Price quotes were requested for the period from April 1, 1992 to June 30, 1992. The quotes total $10,B39.25, for the three-month period, or $3,613.08 per month. Zone One consists of an extensive graded slope, and greenbelt planting. Funding for the costs incurred on the project are being provided pursuant to resolutions which order the installation and maintenance of the landscaping. Costs of maintenance would be up-fronted by the City, and the amount reimbursed through assessments levied on all parcels within the district for the following fiscal year. plant the Council Member Minor made a motion, seconded by Council Member pope-Ludlam, that Change Order No. Two to the contract with Mentone Turf Supply, for maintenance of landscaping in Assessment District No. 959, in accordance with Plan No. 6360, be approved, increasing the scope of work to include Zone One of the Shandin Hills landscape area, from April 1, 1992 to June 30, 1992, at an increase in the contract price of $10,839.25; and that the transfer of $10,840.00 from Account No. 254-000-30405, "Assessment District Reserve Fund," to Account No. 251-361-53925, Assessment District No. 959, be approved. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Pope-Ludlam, Miller. Nays: None. Abstain: Council Member Maudsley. Absent: None. CHANGE ORDER NO. FOUR LANDSCAPING MAINTENANCE- ASSESSMENT DISTRICT NO;, 976 - CONTRACT EXTENSION - ONE YEAR - FROM JULY 1, 1992 TO JUNE 30, 1993 - PRICE INCREASE OF 3.75% FROM $25,937.44 TO $26,910.10- EXECUTIVE LANDSCAPE CONTRACTORS, INC. - TRANSFER FUNDS (15) In a memorandum dated April 28, 1992, Roger Hardgrave, Director of Public works/City Engineer, stated that special provisions provide that the contract may be extended for up to two one-year periods, and any adjustments in the contract prices are to be negotiated at the time of each renewal. Contract Change Order No. Four extends the term of the contract for one year. The contract was previously extended from July I, 1991 to June 30, 1992, with no increase in contract unit prices. The Contractor has agreed to accept a 3.75% increase in contract unit prices for the 1992/93 renewal period, increasing the annual contract price from $25,937.44 to $26,910.10. The total estimated project cost, including incidental costs, for 13 5/18/92 providing these landscape maintenance services, from July 1, 1992 to June 30, 1993 is $38,965.10. Funding for the costs incurred on this project would be provided pursuant to resolutions which order the installation and maintenance of the landscaping which was installed under previous contracts. Costs for maintenance would be up-fronted by the City, and the amount reimbursed through assessments levied on all parcels within the district for the following fiscal year. Council Member Minor made a motion, seconded by Council Member pope-Ludlam, that Change Order No. Four to the contract with Executive Landscape Contractors' Inc., for maintenance of landscaping in Assessment District No. 976, in accordance with Plan No. 7034-B, be approved; to extend the contract for a period of one year, from July 1, 1992 to June 30, 1993, at a 3.75% increase in the annual contract price, from $25,937.44 to $26,910.10; that the transfer of $38,966.00 from Account No. 254-000-30405, "Assessment District Reserve Fund," to Account No. 251-650-53925, "Assessment District No. 976," be approved. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Pope-Ludlam, Miller. Nays: None. Abstain: Council Member Maudsley. Absent: None. CHANGE ORDER NO. THREE EXPAND LANDSCAPING MAINTENANCE - ASSESSMENT PRICE INCREASE - $598.75 - $8,808 TO LANDSCAPE MAINTENANCE, INC. DBA EXCEL SCOPE OF WORK- DISTRICT NO. 981- $9,406.75 - J & R ( 16) In a memorandum dated May 7, 1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that landscaping has been installed along Meridian Avenue (east side) north of Esperanza Avenue, as a condition of approval for Tract No. 13656. The one- year plant establishment period expired in March, 1992, and the landscaping has been accepted by the City for maintenance. The maintenance of this recently accepted landscaping will be incorporated into the contract with J & R Landscape Maintenance (DBA Excel). Price quotes were requested from the contractor, for the three-month period, from April 1, 1992 to June 30, 1992. These quotes total $598.75, or $199.58 per month. Funds to cover the costs incurred would be up-fronted by the City, and reimbursed through special assessments on the property tax bills. Council Member Minor made a motion, seconded by Council Member pope-Ludlam, that Change Order No. Three to the contract with J & R Landscape Maintenance, for maintenance of landscaping in Assessment District No. 981, in accordance with Plan No. 7316, be approved; to expand the scope of work in Assessment District No. 981 to include landscaping installed by Tract 13656, located on Meridian Avenue (east side), north of Esperanza Street, from 14 5/18/92 April I, 1992 to June 30, 1992, at an increase in the contract price of $59B.75, from $8,B08.00 to $9,406.75; and that the transfer of $599.00, from Account No. 254-000-30405, "Assessment District Reserve Fund," to Account Nos. 251-648-53925, 251-649- 53925, 251-655-53925, and 251-661-53925, Assessment District No. 9B1, be approved. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Pope-Ludlam, Miller. Nays: None. Abstain: Council Member Maudsley. Absent: None. CHANGE ORDER NO. TWO LANDSCAPING MAINTENANCE- ASSESSMENT DISTRICT NO. 991 - CONTRACT EXTENSION - ONE YEAR - FROM JULY 1, 1992 TO JUNE 30, 1993 - PRICE INCREASE 3.75% - FROM $15,597 TO $16,181.89 - MENTONE TURF SUPPLY - TRANSFER OF FUNDS (17) In a memorandum dated April 21, 1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that special provisions provide that the contract may be extended for up to two one-year periods, and any adjustments in the contract prices are to be negotiated at the time of each renewal. Contract Change Order No. Two extends the term of the contract for one year. The contract was previously extended from July 1, 1991 to June 30, 1992, with no increase in contract unit prices. The contractor has agreed to accept a 3.75% increase in contract unit prices for the 1992/93 renewal period, increasing the contract price from $15,597.00 to $16,181.89. The total estimated annual cost, including incidental costs, of providing these landscape services, from July 1, 1992 to June 30, 1993, is $25,681.89. Cost for maintenance of the landscaping in this district would be up-fronted by the City, and reimbursed with interest. Council Member Minor made a motion, seconded by Council Member pope-Ludlam, that Change Order No. Two to the contract with Mentone Turf Supply, for the maintenance of landscaping in Assessment District No. 991, in accordance with Plan No. 7782, be approved; to extend the contract for a period of one year, from July 1, 1992 to June 30, 1993, at a 3.75% increase in the annual contract price, from $15,597.00 to $16,181.89; and that the transfer of $25,682.00, from Account No. 254-000-30405, "Assessment District Reserve Fund," to Account No. 251-666-53925, Assessment District No. 991, be approved. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Minor, pope-Ludlam, Nays: None. Abstain: Council Member Maudsley. Absent: Council Miller. None. 15 5/18/92 CHANGE ORDER NO. ONE LANDSCAPING MAINTENANCE- CENTRAL CITY MALL CITY HALL VARIOUS OTHER FACILITIES - CONTRACT EXTENSION - ONE YEAR - FROM JULY 1, 1992 TO JUNE 30, 1993 - PRICE INCREASE OF 3.75%- MENTONE TURF SUPPLY (18) In a memorandum dated April 17, 1992, Roger Hardgrave, Director of Public works/City Engineer, stated that special provisions provide that the contract may be extended for up to two one-year periods, and any adjustments in the contract prices are to be negotiated at the time of each renewal. Contract Change Order No. Five extends the term of the contract for a one-year period, from July 1, 1992 to June 30, 1993, at a 3.75% increase in contract unit prices. The increase in the basic contract price would be $3,315, from $B8,400 to $91,715. The prices for supplemental items would remain unchanged at $3,531, for a total estimated annual contract cost of $95,246. Discussion ensued regarding the costs paid for these landscaping services and whether it was more expensive to have City personnel perform these functions or contract the services with outside parties. Council Member Reilly made a motion, seconded by Council Member pope-Ludlam, and unanimously carried, that Change Order No. One to the contract with Mentone Turf Supply, for maintenance of landscaping for Central City Mall, City Hall, and various other facilities, in accordance with Plan No. 6735 (1992/93), be approved; to extend the term of the contract for a one-year period, from July 1, 1992 to June 30, 1993, at a 3.75% increase in contract unit price. RES. 92-166 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ALLIANCE OF BUSINESSES FOR CHILD CARE DEVELOPMENT RELATING TO CHILD CARE STUDY. (22) Council Member Miller made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 92-166 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, pope-Ludlam, Miller. Nays: None. Absent: None. RES. 92-167 - 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) (23) 16 5/18/92 Council Member Minor made a motion, seconded by Cou1\cil Member Estrada, that said resolution be adopted as amended to remove 222 South "D" Street, San Bernardino, CA, which should be referred to the Board of Building Commissioners. Resolution No. 92-167 was adopted as amended by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Miller. Nays: Council Member Pope- Ludlam. Absent: None. ORD. MC-832 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.17.035 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ALTERNATE BOARD, BUREAU OR COMMISSION MEMBERS. Pinal (27) Council Member Miller made a motion, seconded by Council Member Reilly, that said ordinance be adopted. Ayes: Miller. None. Ordinance No. MC-832 was adopted by the following vote: Council Members Estrada, Reilly, Hernandez, Minor, Nays: Council Members Maudsley, Pope-Ludlam. Absent: ORD. MC-833 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 6.24.170 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO RABIES VACCINATION REQUIREMENTS AND THE ISSUANCE OF RABIES VACCINATION CERTIFICATES, ADDING SECTIONS 6.24.190 THROUGH 6.24.250 TO THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING RABIES CONTROL PROVISIONS, AND DELETING SECTIONS 6.24.070 AND 6.24.120 IN THEIR ENTIRETY. Pinal (28) Council Member Miller made a motion, seconded by Council Member Reilly, that said ordinance be adopted. Ordinance No. MC-833 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, pope-Ludlam, Miller. Nays: None. Absent: None. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 3.44.010 AND 3.44.030 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO SERVICE USERS TAX. Final(29) Concern was expressed that the proposed ordinance may have a negative impact on businesses in the City, and that as proposed it was not equitable and would be difficult to administer. City Administrator Clark explained that the proposed ordinance enacts a new tax on cellular phone air time, and not on the base charge for cellular phones. City Attorney Penman recommended that no action be taken on 17 5/18/92 the proposed ordinance until further discussions and review can be conducted. Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that the ordinance amending Sections 3.44.010 and 3.44.030 of the San Bernardino Municipal Code relating to service users tax be continued to June 1, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 19.22.030, 19.22.040(2), 19.22.050(1), 19.22.070(1), AND 19.22.150, TABLE 22.01, OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO ADD DEFINITIONS TO THE SIGN CODE, ESTABLISH NEW SIGN PROGRAM STANDARDS, GIVE TEMPORARY WINDOW SIGNS AND EXEMPT STATUS, AND ESTABLISH STANDARDS FOR MONUMENT SIGNS FOR MULTI-TENANT CENTERS 25 ACRES OR MORE IN SIZE. Final (30) Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously carried, that said ordinance relating to the sign code portion of the Development Code, be continued to 2:00 p.m. so that Al Boughey, Director of Planning and Building Services, could be present to answer questions. (See page 31) RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433, SECTION FOUR, ADDING AND DELETING VARIOUS CITY POSITIONS FOR THE PURPOSE OF CODIFYING PRIOR COUNCIL ACTIONS. (Continued from April 20, 1992) (31) Council Member Estrada made a motion, seconded by Council Member Hernandez, and unanimously carried, that the resolution amending Resolution No. 6433, Section Four, adding and deleting various City positions for the purpose of codifying prior council actions, be tabled. COUNCIL MEMBERS ESTRADA, POPE-LUDLAM & MILLER EXCUSED Council Members Estrada, Pope-Ludlam and Miller left the Council meeting. PUBLIC HEARING - RESOLUTION TO ESTABLISH LICENSE FEES FOR DOGS - CONTINUED FROM MAY 4, 1992 (32) This is the time and place continued to for a public hearing to consider adopting a resolution establishing license fees for dogs. In a memorandum dated March 25, 1992, Peggy Ducey, Assistant to the City Administrator, stated that in order to reduce the lB 5/18/92 general fund contribution, and increase the percentage to which the Animal Control Department's operations are self-supporting, a revenue enhancement plan for the Animal Control Department has been proposed. The proposed revenue enhancement plan includes programs to increase fees, and increase the number of dogs licensed, including one legislative component that would enable Animal Control to track unlicensed dogs. A survey of surrounding cities and counties indicated that San Bernardino's licensing fees are lower than average. By State law, the license fee for an altered dog can be no more than one- half the fee for an unaltered dog. San Bernardino's current fees could be increased modestly and still generate an estimated $27,500 in additional revenue. Staff has developed several programs to reach owners who have not licensed their dogs. First, a pilot "veterinary partnership" program would be established with five area veterinarians. These vets would offer licenses for sale at their clinics and retain, as compensation, $2.00 for each license sold. "Two-way" licensing envelopes would be distributed for display at veterinarian offices and pet shops city-wide. The dog owner would mail the attached license application, the rabies certificate and the check to Animal Control, and receive the processed license in the same envelope. Second, a program to print the license form, along with licensing information, in the City newsletter. Dog owners could fill out the license form, include the required paperwork, a first class stamp, and a check for the fee, and mail it to Animal Control. The license would then be sent to the owner. There are almost no costs to the Department for this program. Third, a program to increase the number of dogs licensed would require enactment of an ordinance requiring veterinarians to forward copies of rabies vaccinations to Animal Control which would enable Animal Control to track unlicensed animals, correct the violations, and incorporate them into the system. These programs are expected to generate an additional $28,750 in licensing revenue. Combined with the increase in licensing fees, the total estimated revenue would be $56,250. Peggy Ducey, Assistant to the City Administrator, conducted a slide presentation relative to the revenue enhancement plans. Mayor Holcomb opened the hearing. RES. 92-168 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING LICENSE FEES FOR DOGS AND REPEALING RESOLUTION 88-286. (Continued from May 4, 1992) (32) Council Member Reilly made a motion, seconded by Council Member Minor, that the hearing be closed; and that said 19 5/18/92 resolution be adopted. Resolution No. 92-168 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor. Nays: None. Absent: Council Members Estrada, Pope-Ludlam, Miller. COUNCIL MEMBERS ESTRADA, POPE-LUDLAM & MILLER RETURNED At 10:5B a.m., Council Members Estrada, Pope-Ludlam and Miller returned to the Council meeting and took their places at the council table. PUBLIC HEARING RESOLUTION TO ESTABLISH FEES ANIMAL RELATED PERMITS - CONTINUED FROM MAY 4, FOR 1992 (33) This is the time and place continued to for a public hearing to consider adoption of a resolution establishing fees for animal related permits. In a memorandum dated March 25, 1992, Deborah Biggs, Director of Animal Control, stated that the fee schedule for animal related permits has not been updated since 1973. Of the fees on record, there has been no consistent communication between departments that issue other permits or licenses for animal-related functions, relative to enforcement, and many fees go uncollected. Staff answers complaints of unsanitary conditions and/or inhumane treatment of animals, yet the department derives no revenue to offset the cost of inspections. Many of the permit fees would be collected prior to the issuance of a business license, if applicable. The additional revenue from all permits is estimated to be $3,200. Mayor Holcomb opened the hearing. RES. 92-169 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING FEES FOR ANIMAL RELATED PERMITS. (Continued from May 4, 1992) ( 33 ) Council Member Minor Member Reilly, that the resolution be adopted. Resolution No. 92-169 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. made a hearing motion, seconded be closed; and by Council that said RECONSIDER - $75 FEE - APPEALS TO THE MAYOR AND COMMON COUNCIL - COUNCIL MEMBER HERNANDEZ - CONTINUED FROM APRIL 20, 1992 (34) This is the time and place continued to for consideration of 20 5/18/92 a request from Council Member Hernandez that a discussion be held relative to the $75.00 filing fee for appeals to the Mayor and Common Council. Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that the request to reconsider the fee of $75.00 to appeal to the Mayor and Common Council, be tabled until such time as it is heard by the Ways & Means Committee. FRANCHISE PARAMEDIC 1992 BUREAU - ALLEGED DOUBLE BILLING PRACTICES- SERVICES - REPORT - CONTINUED FROM APRIL 20, (35) This is the time and place continued to for consideration of a report from the Franchise Bureau relative to the alleged double billing practices for paramedic services. In a memorandum dated May 13, 1992, Lee Gagnon, Business Registration Supervisor, City Clerk's Office, stated that at its meeting of May 12, 1992, the Franchise Bureau recommended that the report relative to the alleged double billing practices for paramedic service be submitted to the Mayor and Council. The report is a culmination of investigations conducted by the Bureau of Franchises from February 1, 1992, to May 12, 1992. The report from William Payne, Chairman, Bureau of Franchises, dated May 12, 1992, stated the subcommittee believes that the issues have become so complex that the Bureau does not have the ability presently to solve the problems, and that the parties involved have adopted a defensive posture due to the pending litigation. The Franchise Bureau believes that this issue is having a counterproductive effect on both sides. with citizens caught in the middle. It would appear that once the litigation has given both sides a more definitive role, a solution can be negotiated. If the Mayor and Council so desires, at that time the Franchise Bureau would move forward to work out a method where both sides could co-exist for the betterment of the City. Shauna Clark, City Administrator, explained that the issue of double billing hinges on Courtesy's position that they are permitted by the County Health Officer to charge for paramedic service, or Advanced Life Support (ALS), when an ALS ambulance responds to a medical call, even when paramedic care was rendered only by the City. The Bureau has recommended that the City withhold any strong action pending the outcome of the present litigation. However, it seems apparent that no matter what the outcome of the lawsuit, the losing party would appeal and a definitive answer would not be available for some time. In the meantime, citizens would continue to receive bills from Courtesy Ambulance for paramedic services that are not actually provided 21 5/18/92 by them. Franchise Committee. She recommended that the discussion relative to the Bureau report be referred to the Legislative Review ; Steven Kaufmann, Richards, Watson & Gershon, 333 South Hope Street, Los Angeles, CA, representing Courtesy Services, concurred with the recommendation to refer the discussion relative to the report from the Franchise Bureau, and the alleged double billing practices for paramedic services, to the Legislative Review Committee. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Common Council refer the recommendation of the Franchise Bureau to the Legislative Review Committee; and direct staff to negotiate a franchise agreement with Courtesy Ambulance that clearly specifies the conditions under which ambulance service would be provided in the City; the agreement would delineate ambulance deployment and authorized fees, and ensure that both parties have a clear understanding of their rights, roles, and responsibilities, and should reduce conflict in the field. BUSINESS REGISTRATION FEES COMMERCIAL PROPERTIES- MR. JIMMY SUMMERS - CONTINUED FROM APRIL 20, 1992 (36) This is the time and place continued to for consideration of a request from Mr. Jimmy Summers to speak to the Mayor and Council regarding City business licenses for rental of homes and apartment buildings. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the request from Mr. Summers relative to business registration fees for rental of commercial properties, be continued to June 15, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. BUSINESS REGISTRATION FEES - APARTMENT COMPLEXES V. ALAN SWENSEN, HILL WILLIAMS - CONTINUED FROM 20, 1992 - MR. APRIL (37) This is the time and place continued to for consideration of a request from Mr. V. Alan Swensen, Director, Commercial Income Properties, Hill Williams, to speak to the Mayor and Council regarding policies and practices currently followed by the Business Registration Division as they relate to calculation of business registration fees for apartment complexes. Council Member Miller made a motion, seconded by Member pope-Ludlam, and unanimously carried, that the from Mr. V. Alan Swensen, Hill Williams, relative calculation of business registration fees be continued Council request to the to June 22 5/18/92 15, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER FACILITIES, TO REVISE INDUSTRIAL LIMITATIONS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS, TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS, AND TO MAKE VARIOUS TECHNICAL CORRECTIONS. First (38) It was the consensus of the Council that the ordinance amending Chapter 13.32 of the San Bernardino Municipal Code relative to wastewater facilities, be continued to later in the meeting so that Water Department representatives can be present to answer questions. (See page 24) REQUEST - AREA TAX RELIEF - MR. PHILIP KASSEL (39) In a letter dated April 27, 1992, Mr. Philip Kassel, requested an opportunity to speak at the Mayor and Council meeting regarding the business license area tax (Municipal Code Section 3.64, tax on parking and business improvement area). Mr. Kassel felt that the requirement imposed on businesses to pay an area tax was inequitable, and should either be eliminated or disbursed equally through the City. City Clerk Krasney stated that the Business Division of the City Clerk's Office was conducting the area tax, and that the motion should include that the City Clerk's Office present its recommendations to the Ways and Means Committee. Registration a review of a directive report and Council Member Minor made a motion, seconded by Council Member Reilly, and unanimously carried, that the Mayor and Common Council refer Mr. Philip Kassel's request to be relieved of the requirement to pay area tax to the Ways & Means Committee; and that the City Clerk's Office present its report and recommendation relative to the area tax (Municipal Code Section 3.64, tax on parking and business improvement area) to the Ways & Means Committee. COUNCIL MEMBER POPE-LUDLAM EXCUSED At ll:19 a.m., Council Member Pope-Ludlam left the Council meeting. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER FACILITIES, TO REVISE INDUSTRIAL LIMITATIONS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE 23 5/1B/92 COMPLIANCE WITH FEDERAL AND STATE WASTEWATER STANDARDS, TO REVISE PENALTIES FOR VIOLATION OF DISCHARGE STANDARDS, AND TO MAKE VARIOUS TECHNICAL CORRECTIONS. First (38) Cheryl Flowers, Assistant General Manager, Water Department, was present to answer questions regarding the requirement to connect to the City's sewer system, under what conditions a waiver to that condition would be issued; and the requirement for construction of septic tanks. Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously carried, that said ordinance be laid over for final adoption. RECESS MEETING At 11:21 p.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 11:27 a.m., the regular meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor; Senior Assistant City Attorney Barlow, City Clerk Krasney. Absent: Council Members Estrada, Pope-Ludlam, Miller, City Administrator Clark. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:27 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. FY 1992/93 - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PUBLIC HEARING - SET DATE & TIME (R-6) In a memorandum dated May 11, 1992, Kenneth Henderson, Executive Director, Development Department, stated that on February 17, 1992, the Mayor and Council adopted the FY 1992/93 CDBG (Community Development Block Grant) program mix and authorized staff to solicit proposals. The period for submission of proposals was May 3, 1992 through April 4, 1992. A total of sixty-six proposals were received and will be submitted to the Mayor and Council under the public service and capital improvements categories of the approved program mix. These recommendations will be considered during the public hearing and approved, modified or rejected as appropriate. 24 5/18/92 ,- Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that June 1, 1992, at 3:00 p.m., be established as the date and time certain for the FY 1992/93 Community Development Block Grant (CDBG) Public Hearing for consideration of various proposals requesting CDBG financial assistance for the period beginning July 1, 1992 and ending June 30, 1993. DELMANN HEIGHTS COMMUNITY CENTER - SECURITY LIGHTS(R-7) In a memorandum dated April 30, 1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for installation of security lights for the Delmann Heights Community Center have been prepared and the project is ready to be advertised for bids. The project includes installing street lights in the parking lot and wall mounted lights on the building. Installation of lights for the basketball court are included in the contract documents as Additive Alternate "A". The total estimated project cost is $63,000. An amount of $73,000 was allocated in the 1989/90 Community Development Block Grant Fund budget to finance the costs incurred for this project. Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that the plans for installation of security lights for the Delmann Heights Community Center, in accordance with Plan No. 8721, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. MILL & HERNANDEZ COMMUNITY CENTERS REHABILITATION (R-8) In a memorandum dated April 28, 1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for the rehabilitation of the Mill and Hernandez Community Centers have been prepared and the project is ready to be advertised for bids. The project consists of replacing the roofs for the Mill and Hernandez Communi ty Centers, and replacing the air fan evaporative coolers at the Hernandez Center with air- conditioning units. The total estimated project cost is $114,000. An amount of $90,000 has been allocated from Community Development Block Grant Funds, to finance the cost for these improvements. It is anticipated that at the Mayor and Council meeting of May lB, 1992, supplemental funding would be considered and approved. Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that the plans for repair of the roofs for the Mill and Hernandez Community Centers, and replacement of the air fan evaporative coolers with air- conditioning units, for the Hernandez Community Center, in accordance with Plan No. 8689, be approved; and that the Director 25 5/18/92 of Public works/City Engineer be authorized to advertise for bids. RES. 92-170 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE BETHLEHEM HOUSE PROJECTS, INC. (R-9) RES. 92-171 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE EASTER SEAL SOCIETY. (R-10) Council Member Hernandez made a motion, seconded by Council Member Minor, that said resolutions be adopted. Resolution Nos. 92-170 and 92-171 were adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor. Nays: None. Absent: Council Members Estrada, Pope-Ludlam, Miller. "K" STREET SEWER LINE EXTENSIONS (R-ll) In a memorandum dated May 12, 1992, Kenneth Henderson, Executive Director, Development Department, stated that the City of San Bernardino Department of Public Works has requested $49,000 in CDBG funds to construct two sewer line extensions on "K" Street, between the Lytle Creek Flood Control Channel and Rialto Avenue. The first extension is from the present terminus north of the Lytle Creek Flood Control, to the north about 240 feet, which would serve the existing houses on the west side of the street. The second extension is from Belleview Avenue to a point about 337 feet to the north, which would provide sewer service to all parcels abutting "K" Street, from Belleview Avenue to Rialto Avenue. The total estimated cost of the extensions is $49,000, which does not include installation of the laterals or the payment of any fees. Council Members Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that the Mayor and Common Council approve the use of CDBG Appropriated Reserve Account Funds in the amount of $49,000 for the construction of two (2) sewer line extensions on "K" Street, between Lytle Creek Flood Control Channel and Rialto Avenue. COUNCIL MEMBERS ESTRADA, POPE-LUDLAM & MILLER RETURNED 26 5/1B/92 Council Members Estrada, Pope-Ludlam and Miller returned to the Council meeting and took their places at the council table. PRESENTATION - E. GEORGE WEBSTER - WEBSTER PLAZA (4) Larry Graham read a resolution honoring E. George Webster for outstanding community service, and dedicating the grassy park area adjacent to the City Hall five level parking structure as Webster Plaza. Mr. Graham explained that Mr. Webster has been a citizen of San Bernardino since 1936, and has actively participated in many community and service organizations. Mr. E. George Webster accepted the resolution. NORTON AIR FORCE BASE PHASEOUT DEPARTMENT OF DEFENSE FINANCE & ACCOUNTING SERVICE FACILITY- ECONOMIC IMPACT - EAST SAN BERNARDINO VALLEY (NB-1) Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, that possible action be taken relative to the potential economic impact of the Department of Defense locating its consolidated Finance & Accounting Service Facility in the East San Bernardino Valley, the economic impact of the Norton Air Force Base phaseout on the East San Bernardino Valley, arose subsequent to the posting of the agenda. The motion carried by Estrada, Reilly, Maudsley, Member Miller. Absent: Hernandez. the following vote: Minor, Pope-Ludlam. None. Abstain: Council Nays: Council Members Council Member It recess Webster was announced that the Mayor and Common for a dedication and unveiling ceremony Plaza park area. Council would for the new RECESS MEETING Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that the regular meeting of the Mayor and Common Council recess to allow the Mayor and Council to attend the dedication and unveiling ceremony for the new Webster Plaza park area; and then subsequently to the luncheon workshop. The Members Miller. motion carried by the following vote: Ayes: Council Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam, Nays: Council Member Minor. Absent: None. RECONVENE MEETING - LUNCHEON WORKSHOP (NB-1) At 12:48 p.m., the regular meeting of the Mayor and Common Council reconvened in the Economic Development Agency Board Room, 201 North "E" Street, San Bernardino, California, to review the 27 5/18/92 economic impact of the closure of Norton Air Force Base to the East San Bernardino Valley area. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Maudsley, Minor, pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, Ci ty Clerk Krasney. Absent: Council Member Hernandez, City Administrator Clark. Also present were: Fred Wilson, Assistant City Administrator; Tim Steinhaus, Agency Administrator, Economic Development Agency; Kenneth Henderson, Executive Director, Development Department, Economic Development Agency; Marshall Julian, Deputy Executive Director, Inland Valley Development Agency; and John Husing, economic consultant. LUNCHEON WORKSHOP - NORTON AIR FORCE BASE - ECONOMIC IMPACT - DEPARTMENT OF DEFENSE LOCATING ITS FINANCE & ACCOUNTING SERVICE FACILITY IN THE EAST SAN BERNARDINO VALLEY (NB-1) In a report dated May 15, 1992, entitled "Potential Economic Imoact of the Defense Finance & Accountina Service on the East San Bernardino Vallev", John Husing, Ph.d, economic consultant, stated that in the wake of the Norton Air Force Base phaseout, the possibility has emerged for the East San Bernardino Valley to bid for the location of the Department of Defense's Finance and Accounting Service's (DFAS) consolidated operations centers. DFAS's operations are located across the United States and will be consolidated into one location. The report investigates the potential impact that DFAS would have on the economy of urban San Bernardino County. Dr. Husing stated that in January 1989, following the announcement of the Norton A.F.B. phaseout, an analysis was performed relative to the negative economic impact the phaseout would have on the East San Bernardino Valley. The economic loss was estimated at $263,123,000. annually. The potential for DFAS to locate its consolidated operations center in the East San Bernardino Valley area would offset 52.1% of the economic loss from the Norton A.F.B. phaseout. Based on assumptions presented in the report, the location of DFAS to the East San Bernardino area would add 4,000 jobs directly, plus an additional 3,152 jobs indirectly. Of these 7,152 new jobs, 6,432 would represent new employment to Southern California, not including jobs induced by spending outside of the area. Danny Faldapour, URS Consultants, Inc., 412 West Hospitality Lane, Suite #208, San Bernardino, CA, outlined two proposals for 28 5/18/92 locations on Norton A.F.B. that are under consideration as possible options for DFAS's operations center. Rod McDonald, Rancon, outlined two proposals relative to the Tri-City corporate park and the proposed downtown superblock that are under consideration for possible locations for DFAS facilities. Discussion ensued regarding the four options that would be developed for submission to the Department of Defense as possible locations for DFAS's operations center. The proposals are presented in a report entitled "Cost Estimates. Defense Financina and Accountina Services. Norton A.F.B. Location prooosal. COUNCIL MEMBERS HERNANDEZ, POPE-LUDLAM & MILLER EXCUSED Council Members Hernandez, Pope-Ludlam and Miller left the luncheon workshop. There was no action taken on this item during this luncheon workshop. RECESS MEETING - CLOSED SESSION (1) At 1:34 p.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. B. 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's right of access to public services or public facilities pursuant to Government Code Section 54957; e. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9(b)(1), as there is significant exposure to litigation; f. to confer litigation 54956.9(c), with the pursuant so that attorney regarding to Government Code Council/Commission may pending Section decide 29 5/18/92 whether to initiate litigation; 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) . CLOSED SESSION At 1:35 p.m., Mayor Holcomb called the closed session to order in the Economic Development Agency Board Room, 201 North "E" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Maudsley, Minor; Senior Assistant City Attorney Barlow, City Clerk Krasney. Absent: Council Members Hernandez, Pope-Ludlam, Miller; City Administrator Clark. Also present were: Fred Wilson, Assistant City Administrator; Tim Steinhaus, Agency Administrator, Economic Devalopment Agency; Kenneth Henderson, Executive Director, Development Department, Economic Development Agency. COUNCIL MEMBER MINOR EXCUSED At 1:41 p.m., Council Member Minor left the closed session. ADJOURN CLOSED SESSION At 1:44 p.m., the closed session adjourned to the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2: 0 1 p. m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor; Senior Assistant City Attorney Barlow, City Clerk Krasney. Absent: Council Members Estrada, Pope-Ludlam, Miller; City Administrator Clark. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 2:01 p.m., the Mayor and Common Council, acting as the Community Development Commission, took action on Community Development Commission items. There was no action taken on Mayor and Common Council items during this portion of the meeting. COUNCIL MEMBERS ESTRADA, POPE-LUDLAM & MILLER ARRIVED 30 5/18/92 At 2:02 p.m., Council Members Estrada, Miller arrived at the Council meeting and took the council table. Pope-Ludlam and their places at RECESS MEETING At 3:00 p.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 3:0B p.m., the regular meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney. Absent: City Administrator Clark. ORD. MC-B34 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 19.22.030, 19.22.040(2), 19.22.050(1), 19.22.070(1), AND 19.22.150, TABLE 22.01, OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO ADD DEFINITIONS TO THE SIGN CODE, ESTABLISH NEW SIGN PROGRAM STANDARDS, GIVE TEMPORARY WINDOW SIGNS AND EXEMPT STATUS, AND ESTABLISH STANDARDS FOR MONUMENT SIGNS FOR MULTI-TENANT CENTERS 25 ACRES OR MORE IN SIZE. (Discussed earlier in the meeting) (See page 18) Final (30) Al Boughey, Director of Planning and Building Services, answered questions relative to the specific changes that this ordinance would implement in the sign code portion of the Development Code. Council Member Maudsley made a motion, seconded by Council Member Reilly, that said ordinance be adopted. Ordinance MC-834 was adopted by the following vote: Council Members Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam, Miller. Nays: None. Absent: None. Ayes: Minor, PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 91-19- CHANGE LAND USE DESIGNATION FROM RE TO RL - NORTH SIDE OF IRVINGTON AVENUE WEST OF PALM AVENUE (40) This is the time and place set for a public hearing to consider the adoption of General Plan Amendment No. 91-19 to change the land use designation from RE, Residential Estate, to RL, Residential Low, on 9.74 acres located on the north side of Irvington Avenue approximately 244 feet west of the centerline of Palm Avenue. 31 5/18/92 In a memorandum dated April 29, 1992, Al Boughey, Director of Planning and Building Services, stated that upon adoption of the General Plan, the site was designated RE, Residential Estate. Previous zoning specified the minimum lot size as 10,800 square feet with other standards similar to the RL, Residential Low land use designation. Currently the site is situated at the edge of the RE, Residential Estate, district and adjacent to the RL, Residential Low district. The proposed amendment would isolate the established RE neighborhood located north and adjacent to the site due to the Development Code requirement that new developments have perimeter walls. However, an RL development without a perimeter wall along Palm Avenue would affect the RE neighborhood as a result of the establishment of RL lots adjacent to RE lots by disrupting the scale and rhythm of the RE neighborhood, which is not consistent with the intent of the General Plan to retain and enhance established neighborhoods. The alternate amendment proposal would provide for the continuation and expansion of the existing RE, Residential Estate neighborhood fronting along Palm Avenue, and provide for the establishment of RL uses on the remaining western portion of the project site. The alternative proposal would result in a more compatible land use division of the site and the block. Mayor Holcomb opened the hearing. Scot Beard, G. W. Beard Avenue, Rialto, CA, concurred the RE, Residential Estate, Avenue. Realty, Inc., 124 North Riverside with the recommendation to retain land use designation along Palm Barbara Sky, 6464 Palm Avenue, San Bernardino, CA, felt that any new construction in the Verdemont area should be compatible with existing development, and urged that proper drainage facilities be installed to protect the homeowners along Irvington Avenue. Helen Kopczynski, B150 Cable CA, spoke in opposition to the Verdemont should remain rural. Canyon Road, San Bernardino, zone change, and felt that Discussion ensued regarding storm drain facilities, and zoning in the Verdemont area. City Attorney Penman expressed concern relative to any development that may increase the City's liability due to storm drain problems in the Verdemont area. RES. 92-172 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-19 TO 32 5/18/92 THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (40) Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the public hearing be closed. Council Member Maudsley made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 92-172 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Pope-Ludlam, Miller. Nays: Council Members Estrada, Minor. Absent: None. PUBLIC HEARING GENERAL PLAN AMENDMENT NO. CHANGE LAND USE DESIGNATION FROM CG-4 TO RS SIDE OF 6TH STREET WEST OF MT. VERNON AVENUE 92-01- - NORTH (41) This is the time and place set for a public hearing to consider the adoption of General Plan Amendment No. 92-01, to change the land use designation from CG-4, Commercial General to RS, Residential Suburban for a site located on the north side of 6th Street, approximately 204 feet west of Mt. Vernon Avenue. In a memorandum dated April 29, 1992, Al Boughey, Director of Planning and Building Services, stated that this City- initiated general plan amendment would change the land use designation from CG-4, Commercial General to RS, Residential Suburban, on three contiguous lots consisting of approximately 0.5 acres of land. The amendment site is located on the north side of 6th Street approximately 204 feet west of the centerline of Mt. Vernon Avenue, west of and adjacent to the alley. The site is physically separated from the commercial district on Mt. Vernon Avenue by an alley along its eastern boundary. The site is comprised of three lots that front on 6th Street adjacent to an RS district. The easternmost lot abuts the alley and contains a single-family residence, the remaining two lots are vacant. At its April 21, 1992 meeting, the Planning Commission recommended adoption of the negative declaration, and approval of General Plan Amendment No. 92-01 to change the land use designation from CG-4, Commercial General to RS, Residential Suburban on the site. Mayor Holcomb opened the hearing. A discussion ensued regarding the specific property that would be rezoned to a residential land use. RES. 92-173 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL 33 5/1B/92 IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 92-01 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (41) Council Member Miller Member Estrada, that the resolution be adopted. made a motion, seconded by Council hearing be closed; and that said Resolution No. 92-173 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. COUNCIL MEMBER At 3:34 p.m., meeting. ESTRADA EXCUSED Council Member Estrada left the Council PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 92-02- CHANGE LAND USE DESIGNATION FROM RS & RMH TO CO-l- BETWEEN 7TH & 8TH STREETS WEST OF WESTERN AVENUE (42) This is the time and place set for a public hearing to consider the adoption of General Plan Amendment No. 92-02, to change the land use designation from RS, Residential Suburban, and RMH, Residential Medium High to CO-1, Commercial Office. In a memorandum dated April 30, 1992, Al Boughey, Director of Planning and Building Services, stated that this City- initiated general plan amendment would change the land use designation from RS, Residential Suburban, and RMH, Residential Medium High, to CO-1, Commercial Office, on 6.16 acres between 7th and Bth Streets, west and adjacent to the extension of Western Avenue. The site is composed of two parcels of partially developed land. One parcel is developed with a Medical Clinic and is designated RS, Residential Suburban. The other parcel is partially developed with Casa Ramona, a non-profit community facility. The southerly portion of the parcel with the Cas a Ramona building is designated RS, Residential Suburban. The remainder of the parcel is vacant and designated RMH, Residential Medium High. The Environmental Review Committee recommended a negative declaration at its meeting of February 27, 1992. The Planning Commission recommended adoption of the negative declaration, and approval of General Plan Amendment No. 92-02 at its meeting of April 7, 1992. Mayor Holcomb opened the hearing. RES. 92-174 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 92-02 TO 34 5/18/92 THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (42) Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that the public hearing be closed. Council Member Pope-Ludlam made Council Member Reilly, and unanimously hearing be re-opened. a motion, seconded by carried, that the public Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the hearing be closed; and the Mayor and Common Council adopt the negative declaration and approve General Plan Amendment No. 92-02 based on the findings in the resolution; and that said resolution be adopted. Resolution No. 92-174 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Estrada. COUNCIL MEMBER ESTRADA RETURNED At 3:43 p.m., Council Member Estrada returned to the Council meeting and took her place at the council table. PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 91-06- PERMIT MEMBERSHIP ORGANIZATIONS IN ADDITIONAL COMMERCIAL & INDUSTRIAL LAND USE DESIGNATIONS- SUBJECT TO DEVELOPMENT PERMIT AND/OR CONDITIONAL USE PERMIT (43) , This is the time and place set for a public hearing to consider the adoption of Development Code Amendment No. 91-06, to permi t membership organizations, including churches, in additional commercial and industrial land use designations than is presently allowed, subject to a development permit and/or a conditional use permit. In a memorandum dated April 30, 1992, Al Boughey, Director of Planning and Building Services, stated that the proposal would amend the Development Code to permit membership organizations, including churches and fraternal groups, in a wider band of commercial and industrial land use designations subject to review and approval of a development permit and/or a conditional use permit. No changes are proposed for churches in all residential districts. The Planning Commission recommended approval of Development Code Amendment No. 91-06 based on the findings of fact at its meeting of March 3, 1992. Proposed Development Code Amendment No. 91-06 is exempt from the California Environmental Quality Act (CEQA) because when the Development Code was adopted it addressed the potential impacts 35 5/18/92 of membership organizations within most of the City's commercial and industrial land use districts; and the proposal is for an expansion into four additional land use designations which have similar types of allowable uses and permitted activities. Subsequent submittals of specific projects would be reviewed to determine if the proposals meet or exceed the thresholds for CEQA review and/or exemption status. Mayor Holcomb opened the hearing. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.06.020, TABLE 6.01 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) ALLOWING MEMBERSHIP ORGANIZATIONS, INCLUDING FRATERNAL GROUPS AND CHURCHES, IN A WIDER BAND OF COMMERCIAL AND INDUSTRIAL LAND USE DISTRICTS. First (43) Council Member Miller made a motion, seconded by Council Member Reilly, and unanimously carried, that the hearing be closed; that further reading of said ordinance on Development Code Amendment No. 91-06 be waived; and that said ordinance be laid over for final adoption. CITY ADMINISTRATOR CLARK RETURNED City Administrator Clark returned to the Council meeting and took her place at the council table. RES. 92-175 - A RESOLUTION OF THE MAYOR AND COMMO~ COUNCIL OF THE CITY OF SAN BERNARDINO, ACCEPTING A GRANT DEED FROM WILLIAM LANE AND CYNTHIA M. LANCASTER, FOR LOTS 224, 225, AND 226 OF TRACT NO. 225B, MAP BOOK 32, PAGES 72-77 OF THE SAN BERNARDINO COUNTY RECORDS, LOCATED ON OGDEN STREET BETWEEN NOLAN STREET AND CAJON BOULEVARD. (S-l) Council Member Miller made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 92-175 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA APPROVING THE APPOINTMENT OF CERTAIN REPRESENTATIVES TO SERVE ON THE SAN BERNARDINO AIRPORT AUTHORITY. (AS-I) Mayor Holcomb recommended that Council Member Minor be nominated to represent the City of San Bernardino on the San Bernardino Regional Airport Authority Commission. Council Member Reilly made a motion, seconded by Council 36 5/18/92 Member Maudsley, that Council Member Minor be appo~nted to the San Bernardino Regional Airport Authority Commission. Discussion ensued regarding the appointment of Council Member Minor to represent the City of San Bernardino to the San Bernardino Regional Airport Authority Commission. Several Council Members stated that they would not support Mayor Holcomb's nomination of Council Member Minor to the San Bernardino Regional Airport Authority Commission. The motion failed by the following vote: Members Reilly, Maudsley. Nays: Council Hernandez, Pope-Ludlam, Miller. Absent: Council Member Minor. Ayes: Members None. Council Estrada, Abstain: RECESS MEETING - CLOSED SESSION (1) At 3:54 p.m., Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the Mayor and Common Council and Community Development Commission recess 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. B. The real property which the negotiations concern is generally located at: Norton Air Force Base, Tri-City corporate park, and the proposed downtown super block. CLOSED SESSION At 3:54 p.m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: None. ADJOURN CLOSED SESSION At 4:08 p.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 4:08 p.m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 37 5/18/92 ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: None. ADJOURNMENT At 4:0B p.m., the meeting was adjourned Monday, June 1, 1992, in the Council Chambers of North "D" Street, San Bernardino, California. (44) to 8:30 a.m., City Hall, 300 RACHEL KRASNEY City Clerk By ~~~..i ~ Melanie Vale Deputy City Clerk No. of Items: 67 No. of Hours: 7.5 38 5/18/92