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HomeMy WebLinkAbout06-01-1992 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING JUNE 1, 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 8:36 a.m., Monday, June 1, 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 Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: Council Members Estrada, Pope- Ludlam, Miller. RECESS MEETING - CLOSED SESSION At 8:36 a.m. the Mayor and Common Council and Development Commission recessed to closed session following: (1) Community for the 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 6/1/92 f. to confer with the attorney regarding li tigation 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. Ci tv of San Bernardino. et al - San Bernardino Superior Court Case No. 242998; San Bernardino Superior Court Case No. 252058, Countv vs. Citv of San Bernardino IRDA\ - San Bernardino Superior Court Case No. 258241; 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. Count v 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); City of San Bernardino vs. Skadron - San Bernardino Superior Court Case No. 266719; Walker. Brenda vs. Citv of San Bernardino. et al - United States District Court Case No. 91-5239 MRP (Jrx); Berrera vs. Citv of San Bernardino Municipal Court Case No. 117037; San Bernardino Countv IICEMA vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 268390. CLOSED SESSION At 8:36 a.m., Mayor Holcomb called the closed session to order in the conference room, City Hall, 300 North "D" Street, San Bernardino, California. 2 6/1/92 ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: Council Members Estrada, Pope-Ludlam, Miller. Also present: J. Lorraine Velarde, Executive Assistant to the Mayor; Margaret Scroggin, Administrative Operations Supervisor, City Attorney"s Office. READING Deputy resolutions Development session. OF RESOLUTIONS AND ORDINANCES City Clerk Jones read the titles of and ordinances on the regular and Commission agendas while the Council was all the Community in closed COUNCIL MEMBER ESTRADA AND POPE-LUDLAM ARRIVED At 8:41 a.m., Council Members Estrada and Pope-Ludlam arrived at the closed session. COUNCIL MEMBER HERNANDEZ EXCUSED At 8:49 a.m., Council Member Hernandez left the closed session. EXECUTIVE ASSISTANT TO THE MAYOR VELARDE EXCUSED At 8:50 a.m., J. Lorraine Velarde, Executive Assistant to the Mayor, left the closed session. MAYOR HOLCOMB EXCUSED At 8:56 a.m., Mayor Holcomb left the closed session. COUNCIL MEMBER HERNANDEZ RETURNED At 8:56 a.m., Council Member Hernandez returned to the closed session. COUNCIL MEMBER MILLER ARRIVED At 9:25 a.m., Council Member Miller arrived at the closed session. MAYOR HOLCOMB RETURNED At 9:27 a.m., Mayor Holcomb returned to the closed session. ADJOURN CLOSED SESSION At 9:28 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 9:32 a.m., Mayor Holcomb called the regular meeting of the Mayor and Common Council to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 3 6/1/92 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. INVOCATION The invocation was g~ven by Phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Minor. PUBLIC COMMENTS - JOHN STEVENS - AGENDA (3) John requested agreement vehicles, Stevens, 4097 Pershing Avenue, San Bernardino, Ca, to speak on agenda item No. 21, relating to an authorizing auctioneers to store and sell seized personal and real property, and firearms. Mayor Holcomb informed Mr. Stevens that he would have an opportunity to speak when that agenda item is heard later in the meeting. PUBLIC COMMENTS - JEFF WRIGHT - RALPH M. BROWN ACT (3) Jeff Wright, P. O. Box 2341, article from the Wests ide Storv provided in the Ralph M. Brown Act right to self expression. San Bernardino, Ca, read an regarding open meeting laws and a citizen's constitutional PUBLIC COMMENTS - JAMES WIRTH - CHARTER AMENDMENTS (3) James Wirth, 1980 Sierra Way, San Bernardino, Ca, spoke regarding the Charter amendments. Mr. Wirth requested that the Council rescind their endorsement of the Charter initiatives before the polls open June 2, 1992, and that the Council propose equitable improvements to the Charter. PROCLAMATION - FRIDAY, JUNE 5, 1992 - SAN BERNARDINO VALLEY COLLEGE 65TH ANNIVERSARY DAY (4) J. Lorraine velarde, Executive Assistant to the Mayor, read a resolution proclaiming Friday, June 5, 1992, as San Bernardino Valley College 65th Anniversary Day, and urged all citizens to participate in the college's anniversary gala. Dr. Donald Singer, President, San Bernardino Valley College, accepted the resolution. 4 6/1/92 PROCLAMATION - TUESDAY, JUNE 2, NOT OUT ON DRUGS DAY" 1992 - "SAFE AT HOME (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution proclaiming Tuesday, June 2, 1992, as "Safe at Home Not Out on Drugs Day", and encouraged all citizens to participate in the goals of a drug-free City and a drug-free America. Jeri Simpson, ExecutIve Director, San Bernardino Community Against Drugs, Inc., accepted the resolution. Mrs. Simpson announced that October 24, 1992 through November 1, 1992 will be Red Ribbon Week in the City of San Bernardino. PROCLAMATION - SATURDAY, JUNE 6, 1992 - "KIDS AGAINST CRIME DAY" (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution proclaiming Saturday, June 6, 1992, as "Kids Against Crime Day" in our City and commended its members for their perseverance in deterring crime against youth. Nellie Warsaw, Executive Director, Kids Against accepted the resolution. Ms. Warsaw introduced Mario Community Relations Representative. Crime, Adame, COMMENDATION - SAN GORGONIO HIGH SCHOOL - TEXACO STAR ACADEMIC CHAMPIONS (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending the San Gorgonio High School Challenge Bowl Team members who qualified for the Texaco Star National Academic Championships in Houston, Texas, June 5th through June 12, 1992. Certificate of Commendations were presented to: Renato Arias; Amber Barlow; McKay Barlow; Michael Christelman; Mark Easterday; Chul Gwon; Ha Lam; Chris Mordy; and Amanda Pettitt. PRESENTATION - PATRICIA GRIFFIN - COMMUNITY RESOURCE TEACHER, SIERRA HIGH SCHOOL (4) patricia Griffin, Community Resource Teacher, Sierra High School, and Monica Ornelas, ASB President, Sierra High School, presented a plaque to Esther Estrada, Council Member, First Ward, in appreciation for being the guest speaker at Sierra High School and for attending the Cinco de Mayo celebration. Esther Estrada, Council Member, First Ward, accepted the plaque. 5 6/1/92 WAIVE READING OF RESOLUTIONS AND ORDINANCES (5) Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that further reading of all resolutions and ordinances on the regular, and Community Development Commission agendas, be waived. COUNCIL MINUTES (6) Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that the minutes of the March 2, 1992 meeting of the Mayor and Common Council of the City of San Bernardino, be approved as submitted in typewritten form. SET IMPASSE HEARING - JUNE 15, 1992 - 10:00 A.M. - MID- MANAGEMENT NEGOTIATIONS (7) In a memorandum dated May 19, 1992, Barbara Dillon, Personnel Director, stated that on December 31, 1991, the contract with the Middle-Management Employees expired. Their previous contract was for an 18-month period beginning July 1, 1990, to December 31, 1991. On April 24, 1992, the City received a letter from the San Bernardino Public Employees' Association (SBPEA) declaring impasse and requesting to initiate impasse procedures. Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that an impasse hearing on the contract with Middle-Management Employees be scheduled at 10:00 a.m., June 15, 1992 in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. CONSTRUCTION OF BUCKBOARD PARK, PHASE I - LANDSCAPING, IRRIGATION, STREET IMPROVEMENTS SOUTHERLY SIDE OF KENDALL DRIVE, SOUTHEASTERLY OF PINE AVENUE - ADOPTION OF NEGATIVE DECLARATION & FINDING OF CONSISTENCY WITH PARKS AND RECREATION ELEMENT OF THE GENERAL PLAN (9) In a memorandum dated May 1, 1992 , Roger G. Hardgrave, Director of Public Works/City Engineer, stated that the Environmental Review Committee recommended adoption of the negative declaration for Public Works Project No. 92-01. A 21- day public review period was afforded from April 30, 1992, to May 20, 1992. No comments were received. Public Works Project No. 92-01 consists of construction of Buckboard Park, Phase I, including landscaping, irrigation, street improvements, trees, grading and a wall along the southerly side of Kendall Drive, southeasterly of Pine Avenue. 6 6/1/92 Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that the negative declaration for Public Works Project No. 92-01, construction of Buckboard Park, phase I, located on the southerly side of Kendall Drive, southeasterly of Pine Avenue, be adopted. Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that a finding be made that the construction of Buckboard Park, Phase I, is consistent with the Parks and Recreation element of the General Plan. CHANGE ORDER NO. SEVEN - WIDEN THE NORTHEAST CORNER OF FIFTH STREET AND WATERMAN AVENUE PROVIDING A TURNING LANE FOR NORTHBOUND TRAFFIC - E. L. YEAGER CONSTRUCTION (11) In a memorandum dated May 14, 1992 Roger G. Hardgrave, Director of Public Works/City Engineer, stated that the owner of the parcel on the northeast corner of Waterman Avenue and Fifth Street agreed to dedicate an easement to provide the ultimate right-of-way on Fifth Street. Installation of the curb return and new traffic signal poles will improve traffic flow, by allowing a free right turn lane to be provided for westbound motorists. Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that Change Order No. Seven to the contract with E.L. Yeager Construction for pavement rehabilitation of Waterman Avenue, from Mill to Fifth Streets, in accordance with Plan No. 8038, be approved; to authorize the contractor to widen the northeast corner on Fifth Street and Waterman Avenue, providing a turning lane for northbound traffic, at an increase in the contract price of $18,28B.82; from $1,162,531.97 to $1,180,820.79. CLAIMS AND PAYROLL (12) Council Member Hernandez 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 May 26, 1992, from the Director of Finance, be approved. RES. 92-176 - RESOLUTION OF THE CITY OF SAN AUTHORIZING THE MAYOR OF SAN BERNARDINO TO AGREEMENT WITH RAY MORROW OF SATIN SYSTEMS SOFTWARE FOR THE CITY'S GARAGE OPERATION. BERNARDINO EXECUTE AN TO PROVIDE (14) 7 6/1/92 RES. 92-177 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN SAID CITY AND SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT RELATING TO THE USE OF RECREATIONAL FACILITIES AND REPEALING RESOLUTIONS 11165 AND 92-107. (17) RES. 92-178 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH CATHOLIC CHARITIES, INC. DIOCESE OF SAN BERNARDINO, TO PROVIDE SENIOR AIDES TO CITY WORK SITES. (18) RES. 92-179 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A WORKSITE AGREEMENT BETWEEN THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT SPECIAL EDUCATION DEPARTMENT AND THE CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT FOR PROVIDING WORKSITES FOR A SPECIAL EDUCATION CAREER AND VOCATIONAL TRAINING PROGRAM. (19) RES. 92-180 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE IMPLEMENTATION AND OPERATION OF AN AUTOMATED IDENTIFICATION SYSTEM. (20) RES. 92-181 - 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. (22) RES. 92-182 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO VALLEY CREST LANDSCAPE, INC. FOR PHASE I OF PARK AND STREET IMPROVEMENTS AT BUCKBOARD PARK. (23) RES. 92-183 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MARILYN CARLSON RELATING TO THE EXTENSION OF A SEWER MAIN TO SERVE THE TWO LOTS CREATED BY PARCEL MAP NO. 13320, ON SEPULVEDA AVENUE, NORTH OF 50TH STREET. (24) 8 6/1/92 RES. 92-184 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 68 OF LOCAL AGENCY FEDERAL-AID PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO THE INTERCONNECTION OF TRAFFIC SIGNALS ON MILL STREET, FROM "K" STREET TO "G" STREET. (25) RES. 92-185 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 69 OF LOCAL AGENCY FEDERAL-AID PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO THE INTERCONNECTION OF TRAFFIC SIGNALS ON HIGHLAND AVENUE, FROM VALENCIA AVENUE TO GOLDEN AVENUE. (26) RES. 92-186 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 70 OF LOCAL AGENCY FEDERAL-AID PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO THE INTERCONNECTION OF TRAFFIC SIGNALS ON MT. VERNON AVENUE, FROM RIALTO AVENUE TO BASE LINE STREET. (27) Council Member Hernandez made a motion, seconded by Council Member Minor, that said resolutions be adopted. Resolution Nos. 181, 92-182, 92-183, the following vote: Hernandez, Maudsley, Absent: None. 92-176, 92-177, 92-178, 92-179, 92-180, 92- 92-184, 92-185, and 92-186 were adopted by Ayes: Counc il Members Estrada, Reilly, Minor, Pope-Ludlam, Miller. Nays: None. ORD. MC-835 - 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. Final (31) ORD. MC-836 - 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. Final (32) 9 6/1/92 Council Member Hernandez made a motion, seconded by Council Member Minor, that said ordinances be adopted. Ordinances MC-835, and MC-836 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. AUTHORIZE ACCEPTANCE OF INSURANCE LIEU OF RENTAL FEES - FDR BOWL & AREA - JUNIOR UNIVERSITY. PREMIUM PAYMENT IN PERRIS HILL PICNIC (8) In a memorandum dated May 7, 1992, Annie F. Ramos, Director of Parks, Recreation and Community Services, stated that the Junior University has applied for use of the FDR Bowl and perris Hill picnic area in perris Hill Park from May 2 through August 3, 1992 for its annual performance. The Junior University desires to conduct a picnic on July 26 in celebration of its 30 year anniversary. Junior University has acquired a $1 million liability policy and has requested that the premium costs for this policy be accepted in lieu of the rental costs. The rental fees for use of the FDR Bowl and perris Hill picnic area are $4,791.00. Council Member Reilly made a motion, seconded by Council Member Miller, that the acceptance of payment of insurance premium by Junior University in lieu of rental fees for FDR Bowl and perris Hill picnic area, be authorized. The Members Miller. motion carried by the following vote: Ayes: Council Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam, Nays: Council Member Minor. Absent: None. CONGESTION MANAGEMENT PROGRAM (CMP) - ROADWAY ISSUES AND OPTIONS AUTHORIZATION TO QUESTIONNAIRES TO SANBAG. SYSTEM RETURN (10) In a memorandum dated May 19, 1992, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that SANBAG has directed the preparation of the Congestion Management Program (CMP). A more extensive network comprised of State Highways, and local principal arterials was developed by SANBAG' s consultant in order to open up additional sources of funding for street improvement projects. SANBAG is requesting confirmation from elected officials in each agency that the proposed network with requested revisions represents the official position of the agency, in order to avoid any delays or discussion when the environmental impact report and Congestion Management Program are ready for adoption. Staff has recommended to SANBAG that Orange Show Road, Route I-215 to 10 6/1/92 Tippecanoe Avenue; Tippecanoe/Del Rosa, Street; Arden Avenue, Base Line to Hospi tali ty Lane, "E" Street to Carnegie network. Mill Street to Third Highland Avenue, and Drive, be added to the SANBAG has also requested that the "Issues and Options" response sheet, and the CMP Roadway System response sheet be returned by May 29, 1992, to allow the Environmental Impact Report to be completed on,time. Concerns were expressed regarding the method of selecting the four principal arterials recommended to be added to the Congestion Management Program network system. Mayor Holcomb stated that confirming the roadway system merely places a mechanism to obtain state and federal funds. Council Member Hernandez made a motion, seconded by Council Member Estrada, that this item be continued to 11:00 a.m., to be heard in conjunction with the Economic Development Agency's agenda. The motion carried by the following vote: Members Estrada, Reilly, Hernandez, Pope-Ludlam, Council Members Maudsley, Minor. Absent: None. Ayes: Council Miller. Nays: PERSONNEL ACTIONS (13) Discussion ensued regarding the vacancy rate in the Police Department and the status of the hiring of 80 police reserve officers. City Administrator Clark explained that the Council took action during the budget deliberations held in February, 1992, to rescind the motion to hire the additional 80 police reserve officers. Ms. Clark requested an opportunity to confer with the Police Chief for more information regarding the vacancy factor in the Police Department. (Discussed later in the meeting. See page 19) 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 20, 1992, in accordance with all administrative regulations of the City of San Bernardino, be approved. RES. 92-187 - RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES (ABANDONED VEHICLES) ON SAID PROPERTIES. (15) 11 6/1/92 A discussion was held relative to how properties are deeded. City Administrator Clark answered questions regarding the cost of the abatement and the party responsible for payment of the lien. Mayor Holcomb urged all citizens to cooperate with the City and respond to the 10-day notices to abate public nuisances to avoid lien abatement costs. City Clerk Krasney answered questions regarding the number of abatements that are paid prior to the lien assessment process. Council Member Estrada made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution Ayes: Council Minor, Miller. None. No. 92-187 was adopted by the following vote: Members Estrada, Reilly, Hernandez, Maudsley, Nays: Council Member Pope-Ludlam. Absent: RES. 92-188 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF FINANCE TO SIGN THE APPROVAL TO MAINTAIN THE FISCAL AGENT ON ASSESSMENT DISTRICT 977B AFTER THE MERGER OF SECURITY PACIFIC NATIONAL BANK AND BANK OF AMERICA. (16) A discussion was held regarding the advantages of seeking requests for proposals when considering the selection of a fiscal agent. Council Member Miller made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 92-188 was adopted Ayes: Council Members Estrada, Reilly, Ludlam, Miller. Nays: None. Abstain: Absent: None. by the following vote: Hernandez, Minor, Pope- Council Member Maudsley. RES. 92-189 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ROGER ERNST & ASSOCIATES, AUCTIONEERS TO STORE AND SELL SEIZED VEHICLES, PERSONAL AND REAL PROPERTY, AND FIREARMS. (21) John Stevens, 4097 Pershing Avenue, San Bernardino, Ca, voiced concern regarding the disposal and sale of seized firearms. 12 6/1/92 City Administrator Clark stated that firearms confiscated by the Police Department, because of illegal activity, are not sold to individuals. These firearms are only sold to authorized gun dealers. This transaction brings in a source of revenue to the City of over $30,000 per year. The money is used to hire police officers or purchase police equipment. Council Member Minor made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 92-189 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Abstain: Council Member Hernandez. Absent: None. RES. 92-190 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO EXECUTIVE LANDSCAPE CONTRACTORS, INC. FOR MAINTENANCE OF LANDSCAPING IN PORTIONS OF IRVINGTON AND CHESTNUT AVENUES IN ASSESSMENT DISTRICT NO. 997. (28) Council Member Minor made a motion, seconded by Council Member Reilly, that said resolution be adopted. City Administrator Clark answered questions regarding the source of funds to finance the costs incurred for maintenance of landscaping in portions of Irvington and Chestnut Avenues in Assessment District No. 997. She stated that the funds would come from the sewer line construction fund, and that these funds would be repaid in the 1993/94 Fiscal Year from assessments on the parcels within the district plus interest. It is projected that it would take approximately three years to repay the sewer line construction fund. City Attorney Penman requested that be amended to read . "That the instructed to develop a resolution. . ." language in the motion City Administrator be Resolution No. 92-190 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the City Administrator be instructed to develop a resolution for the purpose of borrowing $8,500.00 from the Sewer Line Construction Fund (245), to front the estimated costs that will be incurred in the 1992/93 Fiscal Year, for maintenance of landscaping on portions of Irvington Avenue, in Assessment District No. 997, in accordance with Plan No. 8301. The Sewer Line Construction Fund (245) will be repaid in the 1993/94 Fiscal Year from assessments on the parcels within the district. 13 6/1/92 RES. 92-191 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNSELING TEAM TO PERFORM COUNSELING SERVICES FOR THE EMPLOYEES OF THE CITY OF SAN BERNARDINO. (29) A member of the Council asked if the Economic Development Agency and the Water Department made contributions to the General Fund to offset costs to provide counseling services to their employees. City Administrator Clark assured the Mayor and Council that if the Economic Development Agency and Water Department were not contributing to the General Fund they would do so in the future. Council Member Minor made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 92-191 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, pope-Ludlam, Miller. Nays: None. Absent: None. A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, ACCEPTING A CORPORATION GRANT DEED FROM SAN GORGONIO LAND COMPANY, A CALIFORNIA CORPORATION, FOR PROPERTY LOCATED BETWEEN THE EAST SIDE OF THE FLOOD CONTROL CHANNEL AND THE WEST SIDE OF WASHINGTON STREET FROM DUMAS AVENUE TO ONE HUNDRED TWENTY FEET SOUTH OF ENNIS STREET. ( 3 0 ) The Council agreed to continue further discussion until later in the meeting, to allow Bernie Kersey, General Manager of the Water Department, an opportunity to explain where the water reclamation plant will be constructed in relation to the parcels that have been acquired by San Gorgonio Land Company. (See page 19) PUBLIC HEARING - TO DETERMINE FEES FOR COLLECTION AND DISPOSAL OF REFUSE. (33) This is the time and place set for a public hearing to determine the fees for collection and disposal of refuse. In a memorandum dated May 7,1992, Manuel P. Moreno, Jr, Director of Public Services, stated that the proposed increase in the residential and commercial refuse collection fees has been recommended to offset the 25% increase in tipping (dumping) fees that were approved by the County Board of Supervisors effective July 1, 1992. The tipping fees are a pass-through payment to the 14 6/1/92 County for the estimated 152,236 tons of solid waste which are projected to be dumped at County landfill sites during the next fiscal year. The proposed increase also reflects increased tonnage taken to landfills, as a result of residential and business growth within the city. The proposed refuse rate represents an increase of 17% for single-family, multiple dwelling and mobile home parks collection, as well as a $0.60 per cubic yard increase in commercial rates, and a $2.49 per cubic yard increase in compactor containers. Collectively, the proposed rate increases will generate approximately $2,649,411, to offset the projected deficit fund balance as of June 30, 1993. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO FIXING AND DETERMINING THE FEES AND CHARGES TO BE CHARGED FOR THE COLLECTION AND DISPOSAL OF REFUSE, AND REPEALING RESOLUTION NO. 91-288 AND AMENDMENTS THERETO, AND PROVISIONS FOR AUTOMATED RESIDENTIAL REFUSE COLLECTION. (33) Mayor Holcomb opened the hearing. Manuel Moreno, Jr, Director of Public Services, stated that the proposal to raise collection and disposal refuse fees would increase single-family rates from $13.00 to $15.25 per month. The Public Services Director answered questions regarding the City's efforts in implementing a recycling program. He informed the Council that a pilot project for recycling refuse will be implemented within 90 days. Susan Johnson, a resident living on Sundance Drive in the City of San Bernardino, presented documentation to the City Clerk showing comparisons of water bills for the past four years. She objected to the City continuously increasing refuse and water rates, and urged the City to provide residents with an explanation regarding the reasons for these increases. Mayor Holcomb pointed out that the refuse rate increase is the result of increased tipping fees that the City has no control over. He suggested that citizens submit their comments regarding refuse fee increases to State and Congressional representatives. COUNCIL MEMBER ESTRADA EXCUSED At 10:45 a.m., Council Member Estrada left the Council meeting. COUNCIL MEMBERS POPE-LUDLAM AND ~ILLER EXCUSED At 10:46 a.m., Council Members Pope-Ludlam and Miller left the Council meeting. 15 6/1/92 Jeff Wright, P. O. Box 2341, San Bernardino, Ca, spoke in support of recycling efforts. Kevin Barnes, Refuse Superintendent, answered questions regarding public hearings held on the Source Reduction and Recycling Element and Household Hazardous Waste Element that was adopted by the Mayor and Council at its meeting of March 2, 1992. John Stevens, 4097 Pershing Avenue, San Bernardino, Ca, voiced concern on the volume of waste going to landfill sites. He suggested that all waste be composited rather than sent to landfill sites. Mr. Barnes explained that the City is complying with the California Integrated Waste Management Act of 1989 (AB 939), which mandates the City to reduce the landfill capacity by 25% by 1995, and 50% by the year 2000. A resident of the City spoke concerning the refuse service on the Wests ide . He proposed that a special assessment be imposed to provide funds to reduce the refuse costs. Council Member Minor made a motion, seconded by Council Member Hernandez, that the public hearing be closed. *Note: The motion to adopt the resolution was taken later in the meeting as Council Members Estrada, Pope-Ludlam and Miller were not present at the Council table. (See page 18) COUNCIL MEMBERS ESTRADA, POPE-LUDLAM, MILLER RETURNED At 10:56 a.m., Council Members Estrada, Pope-Ludlam, Miller returned to the Council meeting and took their places at the Council table. PUBLIC HEARING - AUTHORIZE CONDEMNATION PROCEEDINGS - RIGHT-OF-WAY ACQUISITION FOR TIPPECANOE AVENUE WIDENING PROJECT FROM LAURELWOOD DRIVE, TO HARDT STREET (34) This is the time and place set for a public hearing authorizing condemnation proceedings for right-of-way acquisition for the Tippecanoe Avenue widening project from Laurelwood Drive, to Hardt Street. In a memorandum dated May 20, 1992, James F. Penman, City Attorney, stated that the Public Works Department is ~n the process of obtaining bids for the Tippecanoe Avenue widening and improvement project. The project requires the acquisition of additional right-of-way along the east side of Tippecanoe, ranging between 7 and 17 feet. Negotiations with owners have been conducted through Realco Consultants, the City's contract 16 6/1/92 right-of-way agent. Offers to purchase, based upon appraised value, have been tendered to all owners whom Realco has been able to locate. However, because some parcels have complex title problems, or because owners are unwilling to settle based on the City's appraised value, it appears that an eminent domain proceeding will be necessary to acquire all of the additional right-of-way. Adoption of a resolution of necessity is step under the Eminent Domain Law, the Mayor take action to commence the proceedings. The the owners be afforded a hearing prior to resolution of necessity. the formal legal and Council must law requires that adoption of the RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRES THE ACQUISITION OF CERTAIN REAL PROPERTY IN FEE FOR PUBLIC PURPOSES AND ALL USES APPURTENANT THERETO ALONG TIPPECANOE AVENUE BETWEEN LAURELWOOD DRIVE AND HARDT STREET. (Resolution adopted later in the meeting. See page 31) (34) Mayor Holcomb opened the hearing. Bert Bussell, 1144 E. Lee Street, San Bernardino, Ca, inquired if the City intended to pursue condemnation proceedings for right-of-way acquisition. Roger Hardgrave, Director of Public Works/City Engineer, explained the three issues supporting the resolution of necessity. He stated that Tippecanoe Avenue is a major arterial on the City's circulation element in the General Plan, and is the main access to Norton Air Force Base, and that Tippecanoe Avenue carries an excess of 40,000 cars per day. The proposed street improvements will provide curbs and gutters along the east side, improve drainage, and improve safety highway lighting through the appearance of the street. The City is proposing to acquire up to 47 feet of the right-of-way, and curbs and gutters will be installed at 42 feet from the center line leaving a 5 foot sidewalk area. City Engineer Hardgrave pointed out that property owners can contest the appraised value of their property during court proceedings. Mayor Holcomb stressed that the City will pay fair market value, plus severance damages for any property taken by eminent domain. 17 6/1/92 Mr. Bussell voiced concern relative to the offset on Laurelwood. He suggested that if the City intended to straighten out the offset it would be better to make the street improvements on land the City owns instead of taking away property through eminent domain proceedings. City Engineer Hardgrave stated that the City is presently talking with the City of Lorna Linda to establish a project to widen Tippecanoe underneath the I-10 Freeway to lineup with the improvements being installed by the Tippecanoe Avenue, Laurelwood Drive, Hardt Street project. Delton Gaede, 3123 17th Street, Sacramento, Ca, stated that he owns property in the City that would be affected by the Tippecanoe Avenue street improvement project. He inquired if his property would be appraised at fair market value. Mr. Gaede stated that when the City was involved in a project which involved encroachment of his property, signals and lighting were installed and damages were incurred to his property. He spoke of instances where vehicles involved in traffic accidents have damaged the fence surrounding his property and that the damage has not been inspected nor repaired by the City of San Bernardino. Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that the public hearing be continued to the afternoon, to allow the City Engineer an opportunity to show Mr. Bussell the right-of-way plans. (See page 31) PUBLIC HEARING DETERMINE FEES TO COLLECTION OF DISPOSAL OF REFUSE EARLIER IN THE MEETING - SEE PAGE 15 BE CHARGED FOR CONTINUED FROM (33) This is the time and place continued to from earlier in the meeting to determine the fees to be charged for collection and disposal of refuse. This item was continued to allow Council Members Estrada, pope-Ludlam and Miller an opportunity to vote. RES. 92-192 COUNCIL OF DETERMINING COLLECTION RESOLUTION PROVISIONS RESOLUTION OF THE MAYOR AND COMMON THE CITY OF SAN BERNARDINO FIXING AND THE FEES AND CHARGES TO BE CHARGED FOR THE AND DISPOSAL OF REFUSE, AND REPEALING NO. 91-288 AND AMENDMENTS THERETO, AND FOR AUTOMATED RESIDENTIAL REFUSE COLLECTION. (33) Council Member Minor made a motion, seconded by Council Member Reilly, that said resolution be adopted. 18 6/1/92 Resolution Ayes: Council Ludlam, Miller. No. 92-192 was adopted by the following Members Estrada, Reilly, Maudsley, Minor, Nays: Council Member Hernandez. Absent: vote: Pope- None. PERSONNEL ACTIONS - DISCUSSION RELATIVE TO THE FACTOR IN POLICE DEPARTMENT FROM EARLIER MEETING - SEE PAGE 11 VACANCY IN THE (13) This is the time and place continued to from earlier in the meeting relative to the vacancy factor in the Police Department. City Administrator Clark reported that 265 sworn positions have been authorized in the Police Department and 261 positions have been filled; that 65 police reserve positions have been authorized and 56 reserve positions are filled. She stated that the extra 80 police reserve personnel have not been hired, because of Council's action to take away the reserve stipend. The reserve stipend was approximately $50.00 per month. *Note: No further action was taken relative to the vacancy factor in the Police Department. RES. 92-193 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, ACCEPTING A CORPORATION GRANT DEED FROM SAN GORGONIO LAND COMPANY, A CALIFORNIA CORPORATION, FOR PROPERTY LOCATED BETWEEN THE EAST SIDE OF THE FLOOD CONTROL CHANNEL AND THE WEST SIDE OF WASHINGTON STREET FROM DUMAS AVENUE TO ONE HUNDRED TWENTY FEET SOUTH OF ENNIS STREET. (Discussed earlier in the meeting. See page 14) (30) This is the time and place continued to from earlier in the meeting to discuss the impact that the expansion of Orange Show Road would have on two parcels that have been acquired for the wastewater treatment facility. Mayor Holcomb stated that adoption of the proposed resolution is for the purpose of accepting and recording the grant deed. The Council will have to decide which of the alternate routes for the Orange Show Road expansion would best meet the needs of the Water Department. He stated that the City will be required to select the alignment and determine which property will be taken, and the impact of taking that property. Mayor Holcomb pointed out that the Water Department is self- governing and have determined the need to acquire the property. He further stated that under provisions in the City of San Bernardino's Charter, the deed cannot be recorded unless the Council approves the acceptance of the deed. 19 6/1/92 Bernie Kersey, General Manager, Water Department, answered questions and stated that the acquisition of the properties began before the design of the Orange Show Road expansion was presented. He stated that in reviewing the maps from SANBAG relative to the alternative route for the extension of Orange Show Road, the northern parcels are the only parcels to be affected if the preferred route is selected. Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 92-193 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. INSTALLATION OF FILL-IN STREET IMPROVEMENTS, CHAPTER 27 - APPROVAL OF PLANS & AUTHORIZATION TO ADVERTISE FOR BIDS - CONTINUED FROM MAY 18, 1992 (35) In a memorandum dated April 24, 1992, Roger G. Hardgrave, Director of Public Works/City Engineer, reported 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, at various locations. The total estimated project cost is $50,300. All costs incurred for installation of these fill-in street improvements will be recovered from assessments on the parcels, over a three-year period, plus 7% interest. It was requested that amended to read ". that to develop a resolution. language in the second motion be the City Administrator be instructed " Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the plans for installation of fill-in street improvements, in accordance with Plan No. 8690, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the City Administrator be instructed to develop a resolution for the purpose of borrowing $50,300 from the Sewer Line Construction Fund (245) to front the contract costs for the installation of fill-in street improvements, per Plan No. 8690. The Sewer Line Construction Fund will be repaid over three years at 7% interest. 20 6/1/92 RES. 92-194 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN INTERFUND LOAN FOR THE SEWER LINE CONSTRUCTION FUND (245) TO THE SPECIAL ASSESSMENT FUND (251) IN THE AMOUNT OF $50,300 FOR THE INSTALLATION OF FILL-IN STREET IMPROVEMENTS AT VARIOUS LOCATIONS THROUGHOUT THE CITY. (36) Council Member Pop~-Ludlam made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 92-194 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council meeting. REQUEST TO CONSIDER USE OF OFFICE SPACE BY NON-PROFIT ORGANIZATION - ALL AMERICAN YOUTH FOUNDATION - JAMES ELDER (37) In a letter dated May 12, 1992, James Elder, Executive Director, All American Youth Foundation, P. O. Box 7039, San Bernardino, Ca, requested the use of office space in various community centers within the City, that could be manned by 11 to 15 full and part-time employees and volunteers of the James Elder All-American Youth Foundation. This plan will generate at least 150 new jobs at no cost to the City. Council Member Pope-Ludlam made a motion, seconded by Council Member Minor, and unanimously carried, that said item be referred to the City Administrator for further review and study. COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council meeting and took his place at the council table. ORD. MC-837 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. (Continued from May 18, 1992) Final (38) Council Member Reilly made a motion, seconded by Council Member Minor, that said ordinance be adopted. Ordinance MC-837 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Pope-Ludlam, Miller. Nays: Council Member Maudsley. Absent: None. 21 6/1/92 RECESS MEETING At 11:25 a.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 11:31 a.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 Estrada, Hernandez, Maudsley, Minor, Pope-Ludlam; Sr. Assistant City Attorney Barlow, City Clerk Krasney, City Administrator Clark. Absent: Council Members Reilly, Miller. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:31 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. The Council, acting as the Commission, took action on the Community Development Commission agenda. COUNCIL MEMBERS REILLY AND MILLER RETURNED At 11:32 a.m., Council Members Reilly and Miller returned to the Council meeting and took their places at the council table. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Commission meeting. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Commission meeting and took her place at the Council table. COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Commission meeting. CONGESTION MANAGEMENT PLAN - ROADWAY SYSTEM RESPONSE SHEET AUTHORIZATION TO RETURN QUESTIONNAIRE TO SANBAG - CONTINUED FROM EARLIER IN THE MEETING - SEE PAGE 10 (10) This is the time and place continued to from earlier in the meeting to consider and confirm the Roadway System Draft Congestion Management Plan and Street Segments listed on the CMP Roadway System Response Sheet, and authorize return of the questionnaire to SANBAG. *Note: This item appeared on the Mayor Council's agenda and was continued to the Community Commission portion of the agenda for consideration. and Common Development There is a 22 6/1/92 related item on the Community Development Commission's agenda concerning the Redevelopment Agency's guarantee of SANBAG's loan to IVDA in the amount of $1.2 million, for the preparation of engineering plans and specifications for major arterial street improvements. Council Member Maudsley made a motion, seconded by Council Member Minor, that the Roadway System included in the November 14, 1991, Draft Congestion Management Program (CMP) , plus the four additional street segments listed on the CMP Roadway System Response Sheet, dated April 7, 1992, be confirmed; and that authorization be granted to return the completed questionnaires to SANBAG. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam. Council Member Hernandez. Absent: Council Member Miller. Council Nays: PUBLIC HEARING - SALE OF PROPERTY LOCATED AT 2730 NORTH "E" STREET TO SAN BERNARDINO WATER DEPARTMENT (R-9) In a memorandum dated May 26, 1992, Kenneth J. Henderson, Executive Director, Development Department, stated that the Development Department purchased property known as Parks ide Medical, 2730 North "E" Street, utilizing twenty percent set- aside funds. Staff was directed to negotiate the sale of a portion of the subject property to the City of San Bernardino Water Department. The agency purchased the property to provide the Water Department with the land necessary to construct a water filtration facility, and to provide single family housing in accordance with the designated land use. RES. 92-195 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN DISPOSITION AGREEMENT AND GRANT OF EASEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO PERTAINING TO CERTAIN REAL PROPERTY LOCATED WITHIN THE UPTOWN REDEVELOPMENT PROJECT AREA. (R-9) RES. 92-196 RESOLUTION OF THE MAYOR AND COMMON COUNCIL AND THE CITY OF SAN BERNARDINO, CALIFORNIA ACCEPTING A GRANT DEED AND A GRANT OF EASEMENT FROM THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. (R-9) Mayor Holcomb opened the hearing. Kenneth J. Henderson, Executive Director, Development Department, answered questions and identified San Gorgonio Land Company as the broker responsible for acquiring the land for the water filtration facility. 23 6/1/92 Council Member Minor Member Reilly, that the resolutions be adopted. made a hearing motion, seconded be closed; and by Council that said Resolution Nos. 92-195 and 92-196 were adopted following vote: Ayes: Council Members Estrada, Hernandez, Maudsley, Minor, Pope-Ludlam. Nays: None. Council Member Miller. by the Reilly, Absent: RECESS MEETING At 11:56 a.m., the regular meeting of the Mayor and Common Council recessed until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:03 p.m., 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 taken: Mayor Holcomb; Council Members Estrada, Reilly, Maudsley, Minor; City Clerk Krasney, City Administrator Clark. Absent: Council Members Hernandez, Pope-Ludlam, Miller; City Attorney Penman. PUBLIC HEARING FINAL DETERMINATION FOR TENTATIVE TRACT NO. 15228 - TO ESTABLISH AN 18-LOT SINGLE-FAMILY SUBDIVISION SOUTHEAST CORNER OF OHIO AVENUE AND MAGNOLIA AVENUE - JAMES STANCLIFF & WILLIAM HAUSER - CONTINUED FROM MAY 4, 1992 (39) This is the time and place continued to for a public hearing to make final determination for Tentative Tract No. 15228, to establish an 18-1ot single-family subdivision located at the southeast corner of Ohio Avenue and Magnolia Avenue. In a memorandum dated May 21, 1992, Al Boughey, Director of Planning & Building Services, reported that on May 4, 1992, the Mayor and Council continued this matter to allow the applicant time to redesign the subdivision to eliminate the need for a drainage easement. The applicant has submitted revised plans, but the plans have not been reviewed by staff. Staff recommends a continuance until June 15, 1992, to allow time for review of the revised site plan and formulation of conditions of approval. Council Member Minor made a motion, seconded by Council Member Maudsley, and unanimously carried, that Tentative Tract No. 15228, be continued to June 15, 1992 in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 24 6/1/92 COUNCIL MEMBER At 2 :05 p.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the APPEAL - PLANNING COMMISSION'S DENIAL OF VARIANCE NO. 91-14, REQUEST TO ALLOW A FREEWAY IDENTIFICATION SIGN WHICH EXCEEDS THE MAXIMUM ALLOWABLE HEIGHT AND FACE AREA - 2885 N. DEL ROSA AVENUE - DONCO & SONS, INC. - CONTINUED FROM MAY 4~ 1992 (40) This is the time and place continued to for an appeal of the Planning Commission's denial of Variance No. 91-14, a request to allow a freeway identification sign which exceeds the maximum allowable height and face area for property located at 2885 North Del Rosa Avenue. The applicant is Donco & Sons, Inc. In an undated memorandum, Al Boughey, Director of Planning and Building Services, presented background information regarding the variance. He explained that on May 4, 1992, the Mayor and Common Council continued the item for an additional thirty days in order for the owner to have time to complete their required County flood control channel upgrades and meet with staff on the issues of the subject site's landscape restoration and additional plant screening provisions of the adjoining County flood control property. Mayor Holcomb opened the hearing. The Director that the findings to clarify that standards. of Planning and Building Services recommended of fact and conditions of approval be modified additional offsite landscaping meets today' s Mayor Holcomb urged the Council to consider offsite landscaping requirements as part of the conditions of approval. Fred Lyons, 2850 N. Del Rosa Avenue, San Bernardino, Ca, stated that he understood the need to have policy concerning landscaping mitigation measures. However, he stated that he has already spent $75,000 for various improvements to the site and anticipates spending approximately $100,000 to install traffic signals as requested by the City. Mr. Lyons requested that he be allowed to install a 50' freeway identification sign in order to compete with other businesses in the area. COUNCIL MEMBER MILLER RETURNED At 2:10 p.m., Council Member Miller returned to the Council meeting and took her place at the Council table. CITY ATTORNEY PENMAN RETURNED City Attorney Penman returned to the Council meeting. 25 6/1/92 Mayor Holcomb suggested that a modest amount be installed in an amount not to exceed $15,000, City acquiring a landscape easement from the District. of landscaping subject to the Flood Control Discussion was held regarding the conditions for which other businesses in the area were allowed to install signs that exceed the allowable height requirements. City Attorney Penman advised the Council that in order to approve the variance request certain findings and conditions need to be approved. The Director of Planning & Building Services read the six findings of facts as outlined in the staff report. Discussion was held relative to inconsistencies in the staff report dated April 23, 1992, and the undated staff report pertaining to Findings of Fact No.6. The staff report dated April 23, 1992 indicated that granting of the variance is not consistent with the General Plan, whereas, the undated staff report states that granting of the variance is consistent with the intent and goals of the General Plan. Mr. Lyons stated that he does not own the property the City wants landscaped, but agreed that if the City obtained approval from the Flood Control District, he would be willing to install the required landscaping. City Attorney Penman cautioned the Council against setting a precedence on freeway signs. COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council meeting and took her place at the council table. Al Boughey suggested variance sign requests. He special program to provide motorists of the different center. that an in-depth look be made on stated that staff is considering a combined signage that would inform businesses located in the shopping Council Member Miller made a motion, seconded by Council Member Maudsley, that the public hearing be closed; and that the appeal of Variance No. 91-14, be denied based on the findings of facts in the Planning Commission's staff report dated February 4, 1992. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Maudsley, Minor, Miller. Nays: Member Pope-Ludlam. Absent: Council Member Hernandez. Council Council 26 6/1/92 APPEAL - PLANNING COMMISS ION'S DENIAL OF VARIANCE NO. 91-20 - REQUEST TO PERMIT AN ADDITIONAL WALL SIGN OVER THE NUMBER PERMITTED - KIDS "R" US - 666 SOUTH "E" STREET - ALEXIS S. M. CHIU - CONTINUED FROM MAY 4, 1992 (41) This is the time and place continued to for an appeal of Planning Commission's denial of Variance No. 91-20, a request to permit an additional wal,l sign over the number permitted for property located at 666 South "E" Street. The applicant is Alexis S. M. Chiu who is representing Kids "R" Us. In a memorandum dated May 20, 1992, Al Boughey, Director of Planning and Building Services, reported that at the Mayor and Council meeting held on May 4, 1992, this item was continued for 30 days to give staff and the owner/applicant sufficient time to address upgrading of landscaping. The applicant's request for an additional, and oversized, wall sign for the Kids "R" Us building is based on the arguments contained in the original application. The Kids "R" Us property is located on a uniquely shaped lot which has visibility only from "E" Street. If a sign were to be installed on the rear wall, the sign would have to be of a size readily discernable from the mall area and from Inland Center Drive. The applicant has agreed, in concept, to upgrade the landscaping to improve the overall aesthetics on site. Mayor Holcomb opened the hearing. Jane Berkman of Kane Ballmer & Berkman, 354 S. Spring Street, Suite 420, Los Angeles, Ca, requested that the Mayor and Council approve Variance No. 91-20, to permit an additional oversized sign on the rear wall of the Kids "R" Us building, based on the finding that the property site is unique in its shape, location and surroundings. Discussion ensued regarding the intent of the General Plan and the Development Code pertaining to signs. Council Member Minor made a motion, seconded by Council Member Miller, that the hearing be closed and the appeal of Variance No. 91-20, be denied based on the findings of fact. The motion carried by the following vote: Ayes: Members Estrada, Maudsley, Minor, Pope-Ludlam, Miller. Council Member Reilly. Absent: Council Member Hernandez. Council Nays: PUBLIC HEARING - HISTORIC BUILDING DEMOLITION ORDINANCE - CONTINUED FROM MAY 4, 1992 (42) This is the time and place continued to for a public hearing on the Historic Building Demolition Ordinance. 27 6/1/92 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING AND REPLACING CHAPTER 15.37 OF THE SAN BERNARDINO MUNICIPAL CODE; ESTABLISHING NEW POLICIES AND PROVISIONS FOR REVIEW OF DEMOLITION PERMIT APPLICATIONS FOR POTENTIALLY HISTORIC BUILDINGS AND STRUCTURES. Uraencv (42) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, a~d unanimously carried, that the public hearing on the Historic Building Demolition ordinance be continued to June 15, 1992 in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. APPEAL HEARING OFFICER'S STATEMENT OF DECISION REVOCATION OF CONDITIONAL USE PERMIT NO. 262, GOLDEN EAGLE MOTEL - HONG WEN YANG & LIN MEI-YUNG YANG CONTINUED FROM MAY 4, 1992 (43) This is the time and place continued to for an Hearing Officer's statement of decision regarding Conditional Use Permit No. 262, Golden Eagle appellants are Hong Wen Yang & Lin Mei-Yung Yang. appeal on the revocation of Motel. The John Lightburn, P. O. Box 1622, San Bernardino, Ca, representing Hong W. Yang and Lin Mei-Yung Yang, requested that the item be continued for two weeks to allow sufficient time to receive a transcript of the hearing officer's meeting, and to review documents presented by the City Attorney. Discussion ensued regarding continuing the appeal beyond two weeks. City Attorney Penman pointed out that the appellants have a right to a speedy hearing and that he prefers not to continue the item beyond the time the appellants have agreed upon. John Lightburn expressed reluctance to continuing the item beyond two weeks. Council Member pope-Ludlam made a motion, seconded by Council Member Estrada, and unanimously carried, that the appeal of the Hearing Officer's statement of decision regarding the Golden Eagle Motel, be continued to June 15, 1992 in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Ca. PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 91-13, DELETE REQUIREMENT FOR FEASI BILITY STUDIES AND CONVERSION PLANS FOR PUBLICLY ASSISTED SENIOR PROJECTS (44) This is the time and place General Plan Amendment No. 91-13, set for a public hearing on to delete the requirement for 28 6/1/92 feasibility studies and conversion plans for publicly assisted senior projects. In a memorandum dated May 13, 1992, Al Boughey, Director of Planning and Building Services, stated that during the Development Code adoption process, the issue of requiring marketing and financing studies to determine long range feasibility was considered by the Mayor and Common Council. The issue was deferred until, after the adoption of the Development Code. The Development Code specifically exempts publicly assisted senior citizen housing projects from the requirement because project feasibility is addressed as part of the public funding qualifying process. The General Plan, however, requires that marketing and financial studies and conversion plans be submitted for all senior citizen housing projects in the RU, RM, RMH, RH, CR-2, CG-2 and CO-l land use districts. Mayor Holcomb opened the hearing. Claudio Padres, Development Coordinator, County Housing Authority, stated that he supports the Planning Department's proposal to modify the General Plan to delete the requirement for feasibility studies and conversion plans for publicly assisted senior projects. Al Boughey, Director of Planning & Building Services, stated that General Plan Amendment No. 91-13, would provide consistency between the General Plan and the Development Code and would eliminate projects from having to go through a duplicate review process. COUNCIL MEMBER ESTRADA EXCUSED At 3:07 p.m., Council Member Estrada left the Council meeting. Discussion was held relative to the financing requirements for senior housing projects. Council Member Member Pope-Ludlam, that GPA No. 91-13, further study. Minor made a motion, seconded by Council that the public hearing be continued, and be referred to the Housing Committee for Mayor Holcomb suggested that the item be referred to the Legislative Review Committee. Council Member Minor amended his motion, seconded by Council Member Pope-Ludlam, that General Plan Amendment No. 91-13, be referred to the Legislative Review Committee, to consider the merit of feasibility studies regarding senior housing projects; 29 6/1/92 and that the public hearing Council Chambers of City Bernardino, California. be continued to July 20, 1992 in the Hall, 300 North "D" Street, San The motion carried by the following vote: Ayes: Members Reilly, Maudsley, Minor, pope-Ludlam, Miller. None. Absent: Council Members Estrada, Hernandez. Council Nays: COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. INSTALLATION OF 320 PALM TREES COMMUNITY DEVELOPMENT COMMISSION ON PALM AVENUE- (New Business) The Council, acting as the Commission, voted that the matter relative to the installation of 320 palm trees arose subsequent to the posting of the Community Development Commission agenda. The Council, acting as the Commission, voted to approve the request relative to the installation of 320 palm trees on Palm Avenue. *Note: Only four Council members were present to vote. It was pointed out that five votes are needed for approval. RECESS MEETING At 3:13 p.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 3:18 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, Maudsley, Minor; City Clerk Krasney, City Attorney Penman. Absent: Council Members Estrada, Hernandez, Pope-Ludlam, Miller; City Administrator Clark. *Note: There was no quorum at the time roll call was taken. The Council meeting was delayed until Council Members Pope-Ludlam and Miller returned. COUNCIL MEMBERS POPE-LUDLAM AND MILLER RETURNED At 3:19 p.m., Council Members Pope-Ludlam and returned to the Council meeting and took their places council table. Miller at the 30 6/1/92 RECONSIDERATION - INSTALLATION OF PALM AVENUE APPROVED EARLIER COMMUNITY DEVELOPMENT COMMISSION 320 PALM IN THE (New TREES ON MEETING- Business) The Council, acting as the Commission, voted to reconsider action taken to approve the request for installation of 320 palm trees on Palm Avenue. The Council, acting as the Commission, voted that the matter relative to the installation of 320 palm trees arose subsequent to the posting of the Community Development Commission agenda. The Council, acting as the Commission, voted to approve the request for installation of 320 palm trees on Palm Avenue. RES. 92-197 - RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRES THE ACQUISITION OF CERTAIN REAL PROPERTY IN FEE FOR PUBLIC PURPOSES AND ALL USES APPURTENANT THERETO ALONG TIPPECANOE AVENUE BETWEEN LAURELWOOD DRIVE AND HARDT STREET. (Continued from earlier in the meeting. See page 17) (34) This is the time and place continued to from earlier in the meeting to adopt said resolution. The resolution was continued to allow the City Engineer an opportunity to meet and discuss concerns of property owners affected by the Tippecanoe Avenue street improvement project. City Engineer Hardgrave stated that concerns of the property owners attending the meeting have been satisfactorily addressed. Council Member Reilly made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Ayes: Miller. Hernandez. Resolution No. 92-197 was adopted by the following vote: Council Member Reilly, Maudsley, Minor, Pope-Ludlam, Nays: None. Absent: Council Member Estrada, COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 3:20 p.m., Chairman Holcomb called the regular meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council meeting and took her place at the council table. 31 6/1/92 PUBLIC HEARING COMMUNITY FUNDING RECOMMENDATIONS DEVELOPMENT BLOCK GRANT (R-10) This is the time and place set for a public hearing on Fiscal Year 1992/93 Community Development Block Grant funding recommendations. In a memorandum dated May 8, 1992, Kenneth J. Henderson, Executive Director, Development Department, reported that on February 17, 1992, the Mayor and Council approved and adopted the FY 1992/93 Community Development Block Grant Program Mix, and authorized staff to solicit proposals. The proposal submittal period was from Monday, March 2, 1992 through April 3, 1992, during which time sixty-six proposals were received. The Community Development Citizen Advisory Committee met on six occasions, beginning April 9, 1992 and concluding on May 14, 1992. The CDCAC members reviewed and evaluated each proposal. The CDCAC made recommendations to fund the proposals based upon the total funds available in the approved program categories. In addition, the Development Department has required that prior to the actual disbursement of funds and included as a part of any subsequent agreement, the nonprofit organization would be required to provide current audited financial statements, board minutes for meetings held during the preceding twelve months, and the corporation's most recent independent audit. Mayor Holcomb opened the hearing. Kenneth J. Henderson, Executive Director, Development Department, answered questions relative to the new requirement of providing audited financial statements. He stated that during the course of monitoring activities, concerns have been presented that indicate the need to review the minutes prior to the disbursement of funds. The current agreement format already requires the most recent audit to be provided by the entity being funded. The only new requirement is to provide audited financial statements. Mayor Holcomb proposed that the most recent audited financial statements cover the last fiscal year, otherwise an organization could provide an audit that is several years old. Mr. Henderson explained that if the organization had received CDBG funds in the previous year, it should have an audit for the most recent fiscal year. The requirement of the agreement is that an audit be submitted to the Agency within 60 days of the close of the fiscal year. Mr. Henderson further explained that the board minutes of the entity requesting financial assistance are needed in order to determine that the board is in compliance with the SOlC3 IRS regulations and that a quorum is present for that particular organization. 32 6/1/92 Jean Anderson, Chairperson, Community Development Citizens Advisory Committee, stated that the entities which were recommended for funding received a thorough review. Factors such as salaries and the need for services rendered were considered in determining the entity to receive funds. A $20,000 limit was set on all public services proposals. The following entities were recommended for funding in the public services category: 1. Catholic Charities -,Office on Aging 2. Children's Fund - Formerly First Fund of Children's Resources 3. Bethlehem House projects, Inc. 4. Frazee Community Center S. Easter Seal Society & Inland Area Head Injury Group 6. San Bernardino BOys and Girls Club 7. Greater San Bernardino Area Special Olympics 8. Highland District Council on Aging, Inc. 9. Highland District Council on Aging, Inc. 10. Meadowbrook Amateur Boxing Academy 11. Lutheran Social Services of Southern Calif. 12. Option House, Incorporated 13. Kids Against Crime, Inc. 14. Project Home Run provision of Housing Opportunities 1S. San Bernardino Sexual Assault Services, Inc. 16. Rolling Start Inc., Helpline 17. Rolling Start Inc., Deaf Services 18. Center for Individuals with Disabilities 19. Inland Mediation Board, Inc. Fair Housing and Implementation of Analysis of Impediments 33 $19,820 $20,000 $20,000 $20,000 $20,000 $20,000 $20,000 $20,000 $13,900 $lS,OOO $20,000 $20,000 $20,000 $20,000 $19,S47 $lS,OOO $20,000 $10,000 $20,000 6/1/92 20. Inland Mediation Board, Inc. Conflict Resolution and Housing Mediation 21. Legal Aid Society of San Bernardino $ S,OOO $20,000 Jerry Herndon, 1180 West Ninth Street, Boys and Girls Club of San Bernardino, spoke in opposition to the CDBG recommendation for denial on a request for capital improvements in the amount of $2S0,000. He stated that ,funds are desperately needed for health and safety reasons to replace carpeting, to make repairs to the roof, and to provide landscaping. He stated the Fire Department has requested that certain portions of the building not be utilized, because of a leaking roof. He requested that the Boys/Girls Club be placed on a priority list to receive the necessary funds to make health and safety repairs. Mayor Holcomb Congressman Lewis appropriations for Club. indicated that he on a proposal capital improvements has to for been working with seek special HUD the Boys and Girls Concerns were expressed regarding the community services provided by the Boys/Girls Club through its Latch-Key child care program. It was suggested that the Boys/Girls Club's request be referred to the Ways ilnd Means Committee or the appropriate committee to identify a funding source to make the health and safety repairs. Council Member Minor made a motion to close the public hearing and that the form motion be approved. The motion failed for lack of a second. Janet Reynolds, a representative from the San Bernardino Unified School District, 777 North "F" Street, objected to the Community Development Citizens Advisory Committee's recommendation to deny their request for CDBG funding assistance. She stated that last year, the City informed her that the Emmerton School project did not qualify for CDBG funds, because the project did not meet the 1980 Census data economic requirements. Ms. Reynolds stressed the importance of the project and the types of services provided to the community. She indicated that during the month of May 1992, approximately S3 physicals and immunizations were administered by public health nurses. She stated that mental health services are also provided. She added that Emmerton School provides a program for latch-key child care through the assistance of the Parks, Recreation and Community Services Department. 34 6/1/92 Ms. Reynolds answered questions regarding funding assistance received from the County of San Bernardino and the City of Highland. She stated that there are plans to expand the high risk program to four additional schools in San Bernardino. Mr. Henderson answered questions regarding whether or not reserve funding was available under the public services category. He stated that there is no reserve funding. He indicated that there maybe an alternate' funding source available that is not CDBG related that could be used to fund the Emmerton School project. Barney Jameson, Executive Director, Legal Aid Society of San Bernardino, 1S0 West Fifth Street, San Bernardino, Ca, voiced concern regarding the requirement to provide audited financial statements. He stated that his program has had federal audits for three years and that these audits are very expensive. Mr. Jameson pointed out that HUD only requires that audits be required for those programs receiving $2S,000 or more in grants. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council meeting. Mayor Holcomb urged the Council to consider an alternate source of funds for the Emmerton School project. City Attorney substantial reduction Area. He felt that contributing role in area. Penman stated that there has been a in the crime rate in the Arden and Guthrie the Emmerton School program has played a deterring crime in the Arden and Guthrie Mayor Holcomb recommended that CDCAC recommendations be approved as submitted with the requirement that the Emmerton School project be funded for $20,000 from an available funding source, or that funding be obtained by redistributing pro-rata allocations to the agencies. Mr. Henderson recommended that staff be directed to review all available funding sources that could be used for the Emmerton School project and the Boys/Girls Club, and report back at the next Council meeting. 3S 6/1/92 Council Member Minor made a motion, seconded by Council Member pope-Ludlam, that the FY 1992/93 CDBG Funding recommendations prepared by the Community Development Ci tizen Advisory Committee be approved and adopted by the Mayor and Common Council. Further, that the Mayor and Common Council authorize and direct staff to prepare and submit the FY 1992/93 statement of objectives and projected use of funds to the U. S. Department of Housing and Urban Development. The motion carried by the following vote: Members Reilly, Maudsley, Minor, Pope-Ludlam. Member Miller. Absent: Council Members Estrada, Ayes: Council Nays: Council Hernandez. A member of the Council objected to the methods used to determine CDBG allocations, and suggested that the City encourage organizations to seek other funding sources. Mr. Henderson stated that the vast majority of proposals are seeking financial assistance that exceed the $20,000 limit established by the Community Development Citizens Advisory Committee. Non-profit organizations are requesting a pro-rata share from the City. Council Member pope-Ludlam made a motion, seconded by Council 1>1ember 11iller, and unanimously carried, that staff be directed to find an alternate funding source to fund the Emmerton School project. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. Mayor Holcomb stated that financial safeguards are needed to ensure that this money is properly spent. He recommended that the City reserve the right for the Economic Development Agency to audit any grantee at any time during the year; that the City conduct the audits at no expense; that the agency submit current financial statements; that the agency submit minutes of the board meetings held during the preceding twelve months, as a condition for funding. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly, and unanimously carried, that prior to actual disbursement of funds and included as part of any subsequent agreement, the non-profit organizations will be required to provide current audited financial statements, board minutes for meetings held during the preceding twelve months, and the corporation's most recent independent audit. 36 6/1/92 ADJOURNMENT (45) At 3:S9 p.m., Council Member Reilly made a motion, seconded by Council Member Minor, and unanimously carried, that the meeting be adjourned to 9:00 a.m., Monday, June 8, 1992 in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL KRASNEY City Clerk /: City Clerk No. of Items: S6 No. of Hours: S hrs. 10 min. 37 6/1/92