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HomeMy WebLinkAbout07-20-1992 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING JULY 20, 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 8:53 a.m., Monday, July 20, 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 Estrada, Hernandez, Maudsley, Minor, Pope-Ludlam; City Attorney Penman, City Clerk Krasney, Assistant to the City Administrator Ducey. Absent: Council Members Reilly, Miller. RECESS MEETING - CLOSED SESSION (1 & S-4) At 8:53 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 o~ 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 li tigation pursuant to Government Code Section 54956.9(b)(1), as there is significant exposure to litiga~ion; 1 7/20/92 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. Citv of San Bernardino. et al - San Bernardino Superior Court Case No. 242998; San Bernardino Superior Court Case No. 252058, Countv vs. City of San Bernardino (RDA) - 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. Countv of San Bernardino. et al- Riverside SupeLiur Court Case No. 207900; City of San Bernardino vs. Skadron - San Bernardino Superior Court Case No. 266719; Randall vs. Countv/Citv of San Bernardino - San Bernardino Superior Court Case No. 250472 (consolidated with Case No. 252255), Amrut N. Patel. et al vs. James F. Penman. et al - United States District Court, Case No. CV91-1420 RG (Kx), Francis Kwai Chona Foo vs. James F. Penman. et al - United States District Court, Case No. CV91-3056 RG (Kx), Janet Summerfield vs. William R. Holcomb. et al - United States District Court - Case No. SACV 91-731 AHS (RWR) , Tomas Armendariz. et al vs. James F. Penman. et al - United States District Court - Case No. 91-5757 CMB (JRx). CLOSED SESSION At 8:53 a.m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 2 7/20/92 ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Hernandez, Maudsley, Minor, Pope-Ludlam; City Attorney Penman, Ci ty Clerk Krasney, Assistant to the City Administrator Ducey. Absent: Council Members Reilly, Miller. Also present were: Senior Assistant City Attorney Morillo, and Margaret Scroggin, Administrative Operations Supervisor, and Joe Arias, Attorney at Law. COUNCIL MEMBER ESTRADA EXCUSED At 9:08 a.m., Council Member Estrada left the closed session. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Vale read the titles of all the resolutions and ordinances on the regular, supplemental, and Community Development Commission agendas while the Council was in closed session. ADJOURN CLOSED SESSION At 9 :32 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: 37 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, Hernandez, Maudsley, Minor, pope-Ludlam; Senior Assistant City Attorney Barlow, City Clerk Krasney, Assistant to the City Administrator Ducey. Absent: Council Members Reilly, Miller. INVOCATION The invocation was given by Father Patrick Guillen. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Pope- Ludlam. ANNOUNCEMENT COUNCIL MEMBER HERNANDEZ COUNCIL MEETING DECORUM MAYOR & (2) Council Member Hernandez expressed concern regarding the recent lack of courtesy and decorum at council meetings, and expressed hope that such occurrences would not continue. 3 7/20/92 ANNOUNCEMENT - MAYOR HOL~OMB - WATER DEPARTMENT - 1992 WATER QUALITY REPORT (2) Mayor Holcomb stated that the Water Department has prepared its 1992 Water Quality Report, which has been sent to all customers of the City Water Department. He commended the Water Department on the excellence of the report, and stated that the report explains the financial impact that Federal and State regulations have on the cost of water to San Bernardino residents. ANNOUNCEMENT - ~~YOR HOLCOMB - STATE BUDGET (2) Mayor Holcomb explained that although the City has balanced its budget, it appears that it will have to be reconsidered once the State adopts its budget. He explained that it is possible that the State will take from the City $1 million over three years. Mayor Holcomb expressed concern that the City balanced its budget by utilizing one-time, non recurring revenue sources. He stated that the City needs to prepare for the budget shortfall next year by being more conservative in spending funds that can be utilized to subsidize general fund programs this fiscal year. PUBLIC CO~~ENTS - SHAUNA CLARK (3) ~ Shauna Clark, a resident of the City of San Bernardino, CA, stated that she had chosen to speak during public comments as her remarks are personal, and do not reflect the official views of the office of the City Administrator. She stated: As anyone who knows me can attest, I love the City of San Bernardino. I was born here and have grown up as a professional wi thin the walls of City Hall. Much of my time is devoted to trying to make San Bernardino a better place to live. Like each of you, I have wondered why our City is battered by such intense political controversy. In my twenty-three years in City government I have watched the City change Mayors four times, have known thirteen Councils, and two City Attorneys. Yet I believe that if a big earthquake hit City Hall right now and wiped us all out, within nine months our replacements would be squared off in intensive political combat. We call our system a Mayor/CounCil, or strong Mayor form of government. Like the federal government, San Bernardino's Charter creates three strong branches of government: the Mayor, the Council, and the City Attorney, and provides each with negative checks on the ability of the others to govern. Oddly, this emphasis on negative checks practically ensures our highly diverse city will push these elected officials towards stalemate. 4 7/20/92 A strong, activist Mayor can propose wonderful programs, but cannot implement them without a policy vote by the Council. A strong coalition of the Council also can propose wonderful programs, but as virtually all staff are members of the executive branch, their best policy proposals can be stymied in the execution stage. The City Attorney can prevent either side from implementation of policy by negative legal opinions. Unfortunately, the Charter's emphasis on negative power has caused a breakdown in our system. When disagreements occur, the separation of power pushes the players into conflicts which often replace the legitimate agenda of the City. With the Mayor, Council and City Attorney divided by Charter into competing branches positive action and communication are thus very difficul t. The Brown Act further frustrates communication by virtually mandating that all conflicts be brought into the public forum for resolution. As San Bernardino approaches the 21st Century, I submit that this system, with its emphasis on negative power, must be replaced. For that reason I believe it is time we consider a fundamental change in the way San Bernardino is governed; one in which cooperation, not conflict, is emphasized. My recommendation is the form of government common to ninety percent of the cities in California, the City Manager form. The primary difference between the City Manager and the Mayor/Council form, is that staff (the department heads and their subordinates) are employees of the City Manager. The City Manager, in turn, is an employee of the Mayor and Council. The Mayor and Council must resolve policy conflict to direct the City Manager to use staff to implement policy. The City Manager is thus directly accountable to the entire legislative body for the success of city operations. Although policy differences would still be brought forward for resolution in the public arena, City staff with the exception of the City Manager, would be insulated from the push and pull of the political struggle, and senior staff would be free to make day to day operational decisions on a professional basis, free of the winds of political debate. Last week, I had the intention of coming forward to ask the Mayor and Council to work together to create a' new form of government. I thought in working together you would come to an understanding that would lead to a solution to this problem, however, I have come to the conclusion that those of us working inside City Hall have such a powerful interest in the structure of City government that none of us is capable of divorcing ourselves suffic2.ently to undertake the task. For that reason, it is my profound hope that the citizens of this City would begin considering how reform might be brought 5 7/20/92 about independently of those with political aspiration. PROCLAY~TION PEACE AUGUST 1-8, 1992 & DIGNITY JOURNEYS WEEK 1992- (4) J. Lorraine Velarde, Executive a proclamation declaring the week Peace and Dignity Journeys 1992 Bernardino. Assistant of August week, in to the Mayor, read 1 to 8, 1992, as the City of San Father Patrick Guillen, Sister Rosa Martha Zarate, Gloria Someta, and Tina Villarreal accepted the proclamation. PROCLAMATION - KIWANIS CLUB OF GREATER SAN BERNARDINO- COMMUNITY HEALTH FAIR - JUNE 14, 1992 (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation commending the Kiwanis Club of Greater San Bernardino for its success in orchestrating the fourth annual 1992 Community Health Fair held at Casa Ramona on June 14, 1992. Kathy Flynn, President, Kiwanis Club of Greater San Bernardino accepted the proclamation. Council Member Estrada presentGd Ray Quinto with a plaque in gratitude for his efforts on behalf of the community. APPOINTMENT - SUSAN H. JOHNSTON - CENTRAL CITY PARKING PLACE COMMISSION - COUNCIL MEMBER POPE-LUDLAM (4) In a memorandum dated July 13, 1992, Mayor "Bob" Holcomb requested the appointment of Susan H. Johnston, 28498 Sycamore Drive, Highland, CA, to the Central City parking Place Commission, per the request of Council Member Pope-Ludlam. Council Member Minor made a motion, Member pope-Ludlam, and unanimously carried, of Susan H. Johnston to the Central Commission, be approved. seconded by Council that the appointment City Parking Place APPOINTMENT JUAN C. GONZALEZ COMMISSIONERS - MAYOR HOLCOMB BOARD OF WATER (5-3) In a memorandum dated July 16, 1992, Mayor "Bob" Holcomb requested the appointment of Juan C. Gonzalez, 3661 Ridge Line Drive, San Bernardino, CA, to the Board of Water Commissioners. Mayor Holcomb withdrew the nominee because Mr. Gonzalez did not meet the Charter imposed residency requirements. The Mayor and Common Attorney's Office research Council requested that the City the legality of the City Charter 6 7/20/92 provision that imposes residency requirements for Water Board Commissioners. SERVICE PIN AWARD 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. WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (5) Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas, be waived. BUSINESS REGISTRATION CERTIFICATE DBA GA...~ES WEST - GAMES OF AMUSEMENT FRANK RODRIGUEZ- (6) In a memorandum dated July 10, 1992, Rachel Krasney, City Clerk, requested that the business registration certificate for Frank Rodriguez, dba Games West, in accordance with San Bernardino Municipal Code Seclion 5.44, be approved. Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously carried, that the business registration certificate for Frank Rodriguez, dba Games West, to operate games of amusement, be approved. SET PUBLIC HEARING - ON-SITE & OFF-SITE PLAN CHECKING & PERMIT FEES - AUGUST 17, 1992 (7) In a memorandum dated June 29, 1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that on-site and off-site plan checking and permit fees have not been increased since November and December of 1990. Revenue projections for the 1992/93 Fiscal Year budget included an additional $250,000 in revenue that was estimated to be generated from increasing these fees. It is recommended that a public hearing be set for August 17, 1992, to consider these proposed fee increases. Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously carried, that a public hearing be set at 10:00 a.m., during the regularly scheduled Council meeting of August 17, 1992, to consider increases to the on-site and off-site plan checking and permit fees. 7 7/20/92 UNDERGROUND UTILITY DISTRICT NO. 19 WATERMAN AVENUE UNDERGROUNDING OVERHEAD AUTHORIZATION TO PROCEED ZONE ONE- UTILITIES- (8) In a memorandum dated July 9, 1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that in November 1988, authorization was granted to proceed with the formation of Underground Utility Assessment District No. 19 along Waterman Avenue, between 9th Street and the Santa Ana Rivers. All property owners in the district and affected utilities were notified, a public hearing was held, and in June, 1989 a resolution was adopted creating Underground Utility Assessment District No. 19. Actual undergrounding will be done in phases, due to the large area covered by the district. Notice to convert was given to all property owners within Zone One, which extends along Waterman Avenue, from Mill Street to the Santa Ana River. All work was to be performed by the deadline of July 1, 1992. An inspection of all properties in Zone One was performed after the deadline passed, and those listed herein have not completed the necessary work. Pursuant to San Bernardino Municipal Code Section 13.060.090, any work not performed within the prescribed time can ,,~ -~u~~... ~~ ,,- ~~~p' ct~'" by the D'rector of Pu"l' c ,.Tor""~ lro,+-.. J..I= .....~ ~=....... ......... :..J..... .....................:......... ....... ~..... .. ~~"'I .............1 Engineer. The cost of completing the necessary work would be paid for out of the Assessment District Reserve fund, and then reimbursed through assessments collected on the property tax rolls. Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously carried, that pursuant to Chapter 13.36 of the San Bernardino ~unicipal Code, the Director of Public Works/City Engineer be authorized and directed to cause the installation of underground utilities for the following parcels located within Underground Utility District No. 19, Zone One: 0136-271-43, 0136-412-22, 0136-412-23, 0136-412-25, 0136- 422-12, 0136-422-13, 0136-422-16, 0136-422-17, 0136-422-18, 0136- 431-30, 0141-431-20, 0136-431-17, 0281-011-12, 0281-0l1-47, 0280- 141-39, 0280-131-60, 0280-021-09. STREET RESURFACING - COLD PLANING WORK ADVERTISE FOR BIDS HEATER, SCARIFYING, REJUVENATING & AUTHORIZATION TO PROCEED & (9) In a memorandum dated July 2, 1992, Manuel Moreno, Jr., Director of Public Services, requested authorization for the Purchasing Agent to advertise for bids for heater, scarifying, rejuvenating and cold planing work on City streets. Phase I would include the following streets: "I" Street, Electric, 3rd Street, Mt. View, Arrowhead, Highland, Waterman, Mt. Vernon, and Marshall Boulevard; for a total estimated cost of $500,000. 8 7/20/92 Phase II would include the following streets: Waterman, 2nd Street, Inland Center Drive, Arrowhead, Orange Show Road, Mt. View, Medical Center Drive, 9th Street, and 40th Street, for a total estimated cost of $500,000. Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously carried, that the Purchasing Agent be authorized to advertise for bids for heater, scarifying, rejuvenating, and cold planing work on the streets included in the attached staff report, Phases I and II, and that the Director of Public Services be authorized to proceed with the resurfacing of the streets indicated in the staff report following the completion of contract work at a cost of approximately $1,000,000. PERSONNEL ACTIONS (10) Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated July 9, 1992, in accordance with all administrative regulations of the City of San Bernardino, be approved. JOINT POWERS FINANCING AUTHORITY - REGULAR MEETING (11) Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously carried, that the regular meeting of the Joint Powers Financing Authority be adjourned to August 17, 1992. RES. 92-258 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A POLICY FOR THE RETENTION AND DESTRUCTION OF DATA STORED IN THE CITY'S MAIN COMPUTER SYSTEM. (12) RES. 92-259 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO MAKE APPLICATION FOR AND ACCEPT A GRANT FROM SAN BERNARDINO COUNTY OFFICE ON AGING FOR THE SENIOR NUTRITION PROGRAM FOR THE PERIOD OF JULY 1, 1992 THROUGH JUNE 30, 1993. (14) RES. 92-260 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZ ING THE DIRECTOR OF PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO PROVIDING FOR THE COOPERATIVE USES OF THE UNIVERSITY SWIMMING POOL AND THE CITY'S FISCALINI FIELD. (15) RES. 92-261 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN RECYCLELINK AND THE PUBLIC SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO. (16) 9 7/20/92 RES. 92-262 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GTS ASSOCIATES, INC. RELATING TO THE PROVISION OF PROFESSIONAL ENGINEERING DESIGN SERVICES FOR EXTENSION OF STORM DRAIN IN MILL STREET, FROM THE EXISTING TERMINUS WESTERLY OF PENNSYLVANIA AVENUE TO WESTERLY OF RANCHO AVENUE. ( 18) RES. 92-263 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 15315, LOCATED APPROXI1"~TELY 660 FEET NORTH OF THE CENTERLINE OF RANDALL AVENUE, BETWEEN PEPPER AVENUE AND MERIDIAN AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (19) RES. 92-264 - RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THAT CENTRAL AVENUE, EAST OF TIPPECANOE AVENUE, IS NOT PRESENTLY NEEDED FOR VEHICULAR ACCESS. (20) RES. 92-265 A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERl.1INING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF ASSESSMENT DISTRICT NO. 952 BY EXPANDING THE SCOPE THEREOF TO INCLUDE MAINTENANCE OF LANDSCAPING OF ADDITIONAL TERRITORY IN THE DISTRICT IN THE STATE COLLEGE AREA; CREATING A SUB-ZONE TO BE ASSESSED THE COST OF SAID MAINTENANCE, ORDERING THE AMENDMENT AND EXPANSION OF THE SCOPE OF THE DISTRICT AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY AND APPROVlNG AMENDED ASSESSMENT DISTRICT DIAGRAM MAP NO. 952. (21) RES. 92-266 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1992-93 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 974, LANDSCAPING MAINTENANCE, RIALTO AND EUCALYPTUS AVENUE AREA. (22) RES. 92-267 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1992-93 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 975, LANDSCAPING MAINTENANCE, PEPPER AND MILL AREA. (23) RES. 92-268 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1992-93 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 976, LANDSCAPING MAINTENANCE, PINE AND BELMONT AREA. (24) 10 7/20/92 RES. 92-269 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1992-93 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 981, LANDSCAPING Y~INTENANCE, MERIDIAN AND RANDALL AVENUE AREA. (25) RES. 92-270 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1992-93 ASS,,""'XENT ROLL FOR ASSESSMENT DISTRICT NO. 982, LANDSCAPING MAINTENANCE, PIEDMONT DRIVE AREA. (26) RES. 92-271 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1992-93 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 986, LANDSCAPING MAINTENANCE, RIALTO AND MACY AREA. (27) RES. 92-272 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1992-93 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 989, LANDSCAPING AND SEWER LIFT STATION MAINTENANCE, MILL AND Y~CY AREA. (28) RES. 92-273 - RESOLUTION OF THE CITY OF SAN CONFIRMING THE 1992-93 ASSESSMENT ROLL FOR DISTRICT NO. 991, LANDSCAPING MAINTENANCE, AND OLIVE AREA. BERNARDINO ASSESSMENT VERDE MONT (29) RES. 92-274 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1992-93 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 993, LANDSCAPING MAINTENANCE, SOUTHWEST OF CAJON BOULEVARD AT JUNE STREET. (30) RES. 92-275 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1992-93 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 997, LANDSCAPING MAINTENANCE, PORTION OF VACATED CHESTNUT AVENUE BETWEEN IRVINGTON AVENUE AND OHIO AVENUE. (31) RES. 92-276 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE PEPPER AND RANDALL AREA AND DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. l007, AND WAIVING NOTICE AND HEARING. (32) Council Member Hernandez made a motion, seconded by Council Member Maudsley, that said resolutions be adopted. Resolution Nos. 263, 92-264, 92-265, 271, 92-272, 92-273, the following vote: 92-258, 92-266, 92-274, Ayes: 92-259, 92-260, 92-261, 92-262, 92- 92-267, 92-268, 92-269, 92-270, 92- 92-275, and 92-276 were adopted by Council Members Estrada, Hernandez, 11 7/20/92 Maudsley, Minor, pope-Ludlam. Members Reilly, Miller. Nays: None. Absent: Council ORD. MC-842 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 10.52 OF THE SAN BERNARDINO MUNICIPAL CODE TO UPDATE EXISTING SPEED ZONES ON MOUNTAIN AVENUE AND ON FORTIETH STREET. Final (34) ORD. MC-843 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SUBSECTION C OF SECTION 10.16.180 OF THE SAN BERNARDINO MUNICIPAL CODE PERMITTING THE ISSUANCE OF PREFERENTIAL PARKING FOR CAR POOLING INCENTIVE. Final (35) ORD. MC-844 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 19.70.020 AND 19.70.050(1) OF THE SAN BERNARDINO MUNICIPAL CODE (TITLE 19- DEVELOPMENT CODE) TO ESTABLISH CRITERIA TO ALLOW CERTAIN CITY SPONSORED USES AND ACTIVITIES IN THE DOWNTOWN AREA THROUGH A TEMPORARY USE PERMIT. Final (36) ORD. MC-845 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.06.030(2)(B) OF THE SAN BE-"A~D"""'''''''''' ...I.'T....'-TT"TPA.... ,,""""'''''' , T"t.'t:>"'DT "pM'CI"'Tm "'ODE) RELAmTN~ l'\l.... .l"'i. .l.l.....u ,nUJ.>t.1.L..L ..L.J ......VU.L:. ~.LJL:o Y .L.:.J.JV J.:J..L:..I.L'Il-L ..... '.L.L \J TO THE REQUIREMENT OF A CONDITIONAL USE PERMIT FOR THE SALES OF ALCOHOL BEVERAGES IN RESTAURANTS OR LARGE BUSINESSES. Final (37) Council Member Hernandez made a motion, seconded by Council Member Maudsley, that said ordinances be adopted. Ordinance Nos. MC-842, MC-843, MC-844, adopted by the following vote: Ayes: Council Hernandez, Maudsley, Minor, Pope-Ludlam. Nays: Council Members Reilly; Miller. and MC-845 were Members Estrada, None. Absent: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING A POLICY OF THE CITY TO COMPLY WITH THE CIVIL RIGHTS ACT OF 1964, THE EQUAL EMPLOYMENT ACT OF 1972, THE CIVIL RIGHTS ACT OF 1991, AND THE AMERICANS WITH DISABILITIES ACT, MAKING FINDING RELATIVE TO THE CITY'S COMPLIANCE THEREWITH, AND DIRECTING AMENDMENT OF THE CITY'S AFFIRMATIVE ACTION PLAN TO MAKE IT CONSISTENT THEREWITH. (13) Concern was expressed that the procedures for filing complaints are too formal and; therefore, discourage filings of legitimate complaints. 12 7/20/92 Council Member Maudsley made a motion, seconded by Council Member Hernandez, and unanimously carried, that the resolution directing an amendment to the City's Affirmative Action Plan be continued to August 17, 1992, in t!1.e Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (Discussed later in the meeting) (See page 36) RES. 92-277 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM AND TWENTY - YEAR TRANSPORTATION PLAN FOR MEASURE "I" LOCAL EXPENDITURES. (17) Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 92-277 was adopted by the following vote: Ayes: Council Members Hernandez, Maudsley, Minor, Pope-Ludlam. Nays: None. Abstain: Council Member Estrada. Absent: Council Members Reilly, Miller. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT OF LEASE BY AND BETWEEN THE SEDLAK FAMILY TRUST AND THE CITY OF SAN BERNARDINO. (S.B.E.T.A.) (33) Discussion ensued to consider the option of moving the San Bernardino Employment and Training Agency (S.B.E.T.A.) from its present location on Sierra Way to the City Hall Annex, in order to reduce rental expenses to the City, and the potential positive and negative impacts that such a move would have on both the City, and S.B.E.T.A. 's clients. Mayor Holcomb recommended that the item be continued to allow staff time to meet with the landlord regarding upgrading the landscaping in the parking area of the current S. B. E . T. A. facility. Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously carried, that the resolution amending the lease with the Sedlak Family Trust, for San Bernardino Employment and Training Agency (S.B.E.T.A.), be continued for thirty days, to August 17, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San" Bernardino, California. PUBLIC HEARING IMPOSING LIENS ON PROPERTY- UNCOLLECTED BUSINESS REGISTRATION CERTIFICATE FEES(38) This is the time and place set for a public hearing to consider imposing liens on real property located within the City of San Bernardino for uncollect.ed business registration certificate fees for the renting or leasing of dwelling units. 13 7/20/92 In a memorandum dated June 30, 1992, Rachel Krasney, City Clerk, requested authorization to impose liens on certain parcels of property for uncollected business registration certificate fees. .~ City Clerk Krasney stated that the resolution should be amended by deleting the following addresses: 1555 Grand, 1565 Grand, 1388 North "F" Street, 932-948 Wall Avenue, 1174-76 Esperanza, 1172 Esperanza, and 923 Mayfield. Mayor Holcomb opened the hearing. RES. 92-278 - RESOLUTION OF THE CITY IMPOSING LIENS ON CERTAIN PARCELS LOCATED WITHIN THE CITY OF SAN UNCOLLECTED BUSINESS REGISTRATION FEES. OF SAN BERNARDINO OF REAL PROPERTY BERNARDINO FOR (38) Council Member Minor made a motion, seconded by Council Member Hernandez, that the hearing be closed, and that said resolution be adopted as amended by deleting the following addresses: 1555 Grand, 1565 Grand, 1388 North "F" Street, 932- 948 Wall Avenue, 1174-76 Esperanza, 1172 Esperanza, and 923 Mayfield. Resolution No. 92-278 was adopted as amcndGd by thG Ayes: Council Members Estrada, Hernandez, Nays: None. Abstain: Council Member Pope- Council Members Reilly, Miller. following vote: Maudsley, Minor. Ludlam. Absent: PUBLIC HEARING TERRITORY EAST OF LAFCO 2713 ORDERING LENA ROAD, ANNEXATION NO. 355- SOUTH OF 3RD STREET- (39) This is the time and place set for a public hearing to consider Annexation No. 355 for the annexation of the territory generally located east of Lena Road, south of 3rd Street, known as LAFCO 2713. In a memorandum dated June 29, 1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that on March 13, 1992, authorization was given to proceed with the proposed annexation of the area generally located east of Lena Road, south of 3rd Street, as the result of a petition for annexation filed with the Local Agency Formation Commission (LAFCO) by the registered voters residing in the area proposed for annexation. The petition was filed because the residents desire City services, particularly water services. The area is currently served by Cardiff Farms ~utual Water Company, wh2.ch has a history of poor service and water quality. The costs of installing a new water system would be funded partially by County Community Development Block Grant (CDBG) funds, with the remainder of funds 14 7/20/92 being provided by the Inland Valley Development Agency. A resolution has been adopted determining property tax revenues to be exchanged between the City and County of San Bernardino. LAFCO has approved the proposed annexation, and a resolution was adopted setting a hearing for July 20, 1992 regarding the proposed annexation. A resolution, making a determination and ordering the annexation, should be adopted only if protests are filed and received by less than 25% of the property owners, or less than 25% of the registered voters residing in the area proposed for annexation. Mayor Holcomb opened the hearing. Council Member Estrada made a motion, seconded by Council Member Hernandez, and unanimously carried, that the public hearing to receive, consider and rule upon written protests in the matter of annexation of territory generally located east of Lena Road, south of 3rd Street, designated LAFCO 2713, be closed. Concern was expressed regarding whether proceed with annexing areas that are in need of abatement and infrastructure improvements, and costs be to the City if the annexation proceeded. the City should extensive blight what would the Discussion ensued regarding the possible use of Inland Valley Development Agency (IVDA) tax increment funds to perform the blight abatement and infrastructure improvements because of the area's proximity to Norton Air Force Base; and what potential does the surrounding area have to positively and/or negatively impact the redevelopment efforts at the base. RES. 92-279 - RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THAT LESS THAN TWENTY FIVE PERCENT OF PROTESTS BY REGISTERED VOTERS AND PROPERTY OWNERS HAVE BEEN FILED AND ORDERING ANNEXATION NO. 355 (LAFCO 2713) FOR THE TERRITORY GENERALLY LOCATED EAST OF LENA ROAD AND SOUTH OF 3RD STREET AND DETACHMENT FROM CSA 38, CSA 70 AND CSA SL-1 AND IMPROVEMENT ZONES THEREOF. (39) Council Member Estrada made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution Ayes: Council Nays: Council Reilly, Miller. No. 92-279 was adopted by the following Members Estrada, Hernandez, Maudsley, Member Pope-Ludlam. Absent: Council vote: Minor. Members BICYCLE CRITERIUM - AUGUST 29, SEPTEMBER 12, & OCTOBER 18, 1.992 - CON~INVED FROM JVLY 6, 1.992 (40) This is the time and place continued to for consideration of a Bicycle Criterium to be held August 29, September 12, and 15 7/20/92 October 18, 1992 in the downtown area. In a memorandum dated July 16, 1992, Fred Wilson, Assistant City Administrator, stated that on June 17, 1992, the Mayor and Council approved in concept a request by San Bernardino Downtown Main Street, Inc., and Pro Sports, Inc., to conduct a Bicycle Criterium to be held August 29, September 12, and October 18, 1992. The races would be held downtown in an area bordered by Arrowhead Avenue and "D" Street, and Second and Fourth Streets, during the hours of 8:00 a.m. to 5:00 p.m. Staff was directed to return with a report of all direct and indirect costs to the City. The City is being asked to co-sponsor the event at a cost of $7,500, and waive all City fees normally associated with this type of event, which would include Police Department charges of $1,449.72 for supervisory personnel and equipment. The total cost to the City for this event would be $8,949.72 to be expended from the Civic and Promotion Account. Main Street and/or Pro Sports, Inc., would absorb the attendant costs, and perform the following services: refuse management and disposal; street clean-up, and providing portable toilets. Mayor Holcomb recommended that a stipulation be added to the agreement, stating that if the event 2ilrna a profit the City would be reimbursed for its costs. Ann Harris, Main Street, Inc., 290 North "D" Street, San Bernardino, CA, answered questions from the Council regarding the funding request for the Bicycle Criterium. She stated that the total cost of the three-day event was approximately $16,450, of which the City costs would be $8,949.72 from the Civic and Promotion Account. Main Street would absorb the balance of the co-sponsorship costs of $7,500. Council Member Member Pope-Ludlam, waiver of $8,949.72 to be held August approved, and that that the City would Estrada made a motion, seconded by Council that the request for co-sponsorship and the in fees connected with the Bicycle Criterium 29, September 12, and October 18, 1992 be if any profits are realized from this event be reimbursed. The motion Members Estrada, Maudsley, Minor. failed by the following vote: Ayes: Council Hernandez, Pope-Ludlam. Nays: Council Members Absent: Council Members Reilly, Miller. Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, to reconsider the request for co-sDonsorship and the waiver of fees in connection with the Bicycle Criterium to be held August 29, September 12, and October 18, 1992. ~ 16 7/20/92 A discussion was held regarding the extent of funding that should be derived from City Civic and Promotion Funds, Main Street, Inc., or other funding sources; and whether the City should fund these types of activities which are goodwill gestures, in order to promote the City on a national basis. Mayor Holcomb stated that there are many residents of the City that need recreational and entertainment activity, who are unable to travel to other local recreational centers and would benefit from this type of local activity. Council Member Estrada made a motion, seconded by Council Member Hernandez, and unanimously carried, that the request for co-sponsorship and the waiver of $8,949.72 in fees connected with the Bicycle Criterium to be held August 29, September 12, and October 18, 1992 be approved; and that if any profits are realized from this event that the City be reimbursed for its costs. SAN BERNARDINO CONVENTION AND VISITORS' BUREAU - CO- SPONSORSHIP & USE OF CITY FACILITIES, EQUIPMENT & PERSONNEL - "ROUTE 66 RENDEZVOUS" CLASSIC CAR EVENT- SEPTEMBER 19 & 20, 1992 - CONTINUED FROM JULY 6, 1992 (41) This is the time and place continued to for consideration of a "Route 66 Rendezvous" classic car event to be held September 19 and 20, 1992. In a memorandum dated July 16, 1992, Fred Wilson, Assistant City Administrator, stated that on July 6, 1992, the Mayor and Council approved in concept a request by the San Bernardino Convention and Visitors Bureau for City co-sponsorship, and the use of City facilities, equipment and personnel in conjunction with the "Route 66 Rendezvous" classic car event scheduled for September 19 and 20, 1992. Staff was directed to return with a report of all direct and indirect costs to the City. A meeting was held between the Convention and Visitors Bureau and City departments. A written proposal outlining the event has been prepared, although some details of the event are still in the planning stages. Until these arrangements are finalized, actual charges cannot be determined; however, there is an estimated cost of $3,697. The majority of these estimated costs would be paid from corporate sponsorships, and the Convention and Visitors Bureau. The City is not being asked to waive any of the above fees nor to provide any free services. Council Y-ember Y-audsley made a mot2.on, seconded by Council Member Hernandez, and unanimously carried, that the report relative to costs connected with the "Route 66" classic car event being held September 19 & 20, 1992, be received and filed. 17 7/20/92 ESTABLISH NEW CLASSIFICATION ARBORIST SERVICES - CONTINUED FROM JUNE 15, 1992 PUBLIC (42) This is the time and place continued to for consideration of establishing a new classification of Arborist in the Public Services Department, Street Division. In a memorandum dated July 9, 1992, Barbara Dillon, Director of Personnel, stated that a request had been received from Manuel P. Moreno, Jr., Director of Public Services, to establish the classification of Arborist to more effectively meet the needs of the department. It is recommended that the salary for Arborist be established at Range 2396, $3,197 to $3,886 per month. The annual compensation for Arborist, including 21.37% for variable fringe benefits that rise with salary would be $46,562 at Step One, and $56,597 at Step Five. 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 1,1t:rll~er Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that the classification of Arborist be established with the salary set at Range 2396, $3,197 - $3,886 per month, and that the Personnel Department update Resolution 6413, Section 10, and Resolution 6433. BUSINESS COMPLEXES CONTINUED REGISTRATION MR. V. FROM JUNE 15, CERTIFICATE FEES ALAN SWENSEN, HILL 1992 APARTMENT WILLIAMS- (43) 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 the policies and practices currently followed by the Business Registration Division, as they relate to calculation of business registration certificate fees for apartment complexes. Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that the matter concerning Business Registration Certificate fees as they relate to calculation of business registration certificate fees for apartment complexes, be continued to August 3, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 18 7/20/92 BUSINESS REGISTRATION CERTIFICATE FEES COMMERCIAL PROPERTIES - MR. JI!'..MY SUMMERS - CONTINUED FROM JUNE 15, 1992 (44) 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 registration certificate fees for rental of homes and apartment buildings. It was the consensus of the Council that this item be continued to a later date. Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that the matter concerning policies and practices relating to the calculation of business registration certificate fees for apartment complexes, and commercial properties, be continued to August 3, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. GENERAL LIABILITY CLAIMS ADMINISTRATION AUDIT - RECEIVE & FILE (45) Senior Assistant City Attorney Barlow requested that this item be cOl1tinued to later in the meeting so that City Attorney Penman could be present for the discussion. Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously carried, that discussion of the report entitled "City of San Bernardino General Liability Claims Administration Audit" be continued to later in the meeting. (See page 36) CITY ADMINISTRATOR CLARK ARRIVED At 10:57 a.m., City Administrator Clark arrived at the Council meeting. DRAFT INDEMNITY AGREEMENT - CITIZEN PATROL VEHICLES- AUTHORIZE EXPENDITURE ASSET FORFEITURE FUNDS- $8,000 FOR GASOLINE, REPAIR & MAINTENANCE (46) In a memorandum dated June 8, 1992, Daniel Robbins, Chief of Police, stated that the San Bernardino Citizen Patrol program is a joint effort between the San Bernardino Police Reserve Unit and the Neighborhood Watch Association of San Bernardino, Inc. The program is supported by volunteers and donations from the community. The Police Department will receive five or six cars donated by local car dealerships. Liability for the cars will be assumed by the City while 2.n use as Citizen Patrol cars. If car repairs are needed, asset forfeiture funds will be used; expenditures for gas and maintenance of $8,000 will be from asset forfeiture funds. 19 7/20/92 Ci tizen Patrol members must be at least eighteen years of age, physically fit, have good moral character, and pass a background investigation. All Citizen Patrol members must be active members of the Neighborhood Watch Association and must successfully pass a forty-four hour Citizen Patrol Academy. Citizen Patrol members conduct high visibility patrols aimed at crime prevention rather than law enforcement. Patrols are conducted in uniform using donated vehicles visibly marked as Citizen Patrol vehicles equipped with police radios. Patrols include vacation checks as well as public welfare checks. Citizen Patrol members are responsible for a variety of crime prevention programs including Neighborhood Watch, Business Watch, Lady Beware, and child fingerprinting, and appear at special events and various community functions to make Crime Prevention presentations. Citizen Patrol members are the extra eyes and ears for the San Bernardino Police Department, and are volunteers trained to provide a wide variety of duties to increase crime prevention awareness. The Police Commission has worked diligently with local car dealers to persuade them to donate cars, at no cost to the City. Attorneys for the dealerships have approved the "Indemnity Agreement" as written by the City Attorney's Office. Center Chevrolet, Harmon Auto Center, Toyota of San Bernardino, Crest ChevroleL, and Subaru of San Bernardino are cuuunitted to donating one car each. Each dealership has different time requirements as to how long the City can use the cars, however, when a donated car is returned to the dealership, that car would be replaced with another from the dealership. Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously carried, that the "Indemnity Agreement", drafted by the City Attorney's Office, which relieves auto dealerships from liability while donated cars are used in conjunction with the Citizen Patrol Program, be approved, and that $8,000 be allocated from Asset Forfeiture funds for expenses related to gasoline, maintenance and repair of vehicles donated by the local car dealerships to be used in conjunction with the Citizen Patrol Program. ORDINANCE NO. FACILITIES HERNANDEZ MC-822 POSSIBLE USE OF TELEVISION BROADCAST AMENDMENT COUNCIL MEMBER (47) Senior Assistant City Attorney Barlow requested that this item be continued to later in the meeting so that City Attorney Penman could be present for the discussion. It was ~he consensus of the continued to later in the meeting. Council that (See page 38) this item be 20 7/20/92 RECONSIDER - PLANTING PALM TREES - PALM AVENUE, NORTH OF KENDALL DRIVE - COUNCIL MEMBER MINOR (48) In a memorandum dated July 13, 1992, Council Member Minor requested that the action taken at the Mayor and Council meeting of June 1, 1992, at which time the Community Development Commission appropriated $30,000 of tax allocation bond proceeds from the Landscape and Beautification Fund, to finance the installation of 320 palm trees on Palm Avenue, be reconsidered. Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, to reconsider the action taken at the Mayor and Common Counci~ meeting of June 1, 1992 at which time the Community Development Commission appropriated $30,000 of tax allocation bond proceeds from its Landscape and Beautification Fund, to finance the installation of 320 palm trees on Palm Avenue. Barbara Sky, 6464 Palm Avenue, San Bernardino, CA, spoke in opposition to the palm trees being planted. Ms. Sky questioned why this action had been approved as an urgency item, whether municipal code bid processes were properly followed; why she did not receive notification by mail that the trees would be planted, as the other residents in the area did, what was the basis for justifying the use of these funds for trees, why the contractor installing the trees does not possess a City business registration certificate; and why palm trees, that attract rats, were planted in a residential area? Discussion ensued regarding the issues raised by Ms. Sky regarding the planting of palm trees along Palm Avenue. Mayor Holcomb requested that the item be continued, and that Ms. Sky submit all of her questions in writing so that staff can respond to each of the questions. He explained that the palm trees were planted within the City right-of-way, and not on private property. Barbara Sky stated that she did not want the palm trees in front of her home, and requested that the trees be removed. Shauna Clark, City does not have to be of agenda, however, it must posting of the agenda. Administrator, explained that an urgent nature to be walked be an item that arose subsequent an item on the to the Roger Hardgrave, Director of Public Works/City Engineer, stated that a clerical error occurred when Ms. Sky's name and address was not on the list used to send out the letters of notification to the homeowners along Palm Avenue. James Crouse, 6849 N. Palm Avenue, San Bernardino, CA, 21 7/20/92 presented a petition to City Clerk Krasney from resident~ of Palm Avenue who support the City's actions of planting palm trees on Palm Avenue. Council Member Estrada made a motion, seconded by Council Member Hernandez, requesting that Barbara Sky submit a letter to the City addressing point by point her concerns and questions relating to the City's planting palm trees on Palm Avenue, and that City staff be directed to answer each of Ms. Sky's questions in writing. The motion carried by the following vote: Ayes: Council Members Estrada, Hernandez, Minor, Pope-Ludlam. Nays: Council Member Maudsley. Absent: Council Members Reilly, Miller. RECESS MEETING At 11:19 a.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 11:26 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 K=asncy with the following being present: Mayor Holcomb; Council Members Estrada, Hernandez, Maudsley, Minor, Senior Assistant City Attorney Barlow, City Clerk Krasney. Absent: Council Members Reilly, Pope-Ludlam, Miller, City Administrator Clark. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:26 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. RES. 92-280 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO DAVID RICHARDS ELECTRIC FOR INSTALLATION OF DELMANN HEIGHTS COMMUNITY CENTER SECURITY LIGHTING. (R-8) Council Member Estrada made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution Ayes: Council Nays: None. Miller. No. 92-280 was adopted by the following vote: Members Estrada, Hernandez, Maudsley, Minor. Absent: Council Members Reilly, pope-Ludlam, RE-ROOFING CITY HALL - ADVERTISE FOR BIDS (R-9) In a memorandum dated July 9, 1992, Roger Hardgrave, 22 7/20/92 Director of Public Works/City Engineer, stated that the plans for re-roofing of City Hall have been prepared and the project is ready to be advertised for bids. The project consists, in general, of installing a Bondcote roofing membrane system, or approved equal. The total estimated project cost is $93,000. An amount of $100,000 has been allocated from bond proceeds, to finance the costs of this project. Council Member Estrada made a motion, seconded by Council Member Minor, and unanimously carried, that the plans for re- roofing City Hall, in accordance with Plan No. 8755, be approved, and that the Director of Public Works/City Engineer be authorized to advertise for bids. RES. 92-281 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF FIRST AMENDMENT TO LOAN AGREEMENT RELATING TO PEDRO R. ORTIZ AND RICARDO AND HERMINIA SAM. (R-10) RES. 92-282 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MEADOWBROOK AMATEUR BOXING ACADEMY. (R-ll) RES. 92-283 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INLAND MEDIATION BOARD, INC. FAIR HOUSING AND IMPLEMENTATION OF ANALYSIS OF IMPEDIMENTS. (R-12) RES. 92-284 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INLAND MEDIATION BOARD, INC. - CONFLICT RESOLUTION AND HOUSING MEDIATION. (R-13) RES. 92-285 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LEGAL AID SOCIETY OF SAN BERNARDINO. (R-14) 23 7/20/92 RES. 92-286 RESOLUTION OF THE Y~YOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND OPTION HOUSE, INCORPORATED - SHELTER. (R-15) RES. 92-287 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND OPTION HOUSE, INC. CAPITAL IMPROVEMENTS. (R-16) RES. 92-288 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SEXUAL ASSAULT SERVICES, INC. (R-17) RES. 92-289 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT B~OCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BETHLEHEM HOUSE PROJECTS, INC. (R-18) Council Member Estrada made a motion, seconded by Council Member Minor, that said resolutions be adopted. Resolution Nos. 92-280, 92-281, 92-282, 92-283, 92-284, 92- 285,92-286,92-287,92-288, and 92-289 were adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Maudsley, Minor. Nays: None. Absent: Council Members Reilly, pope-Ludlam, Miller. COUNCIL MEMBER POPE-LUDLAM RETURNED At 11:27 a.m., Council Member pope-Ludlam returned to the Council meeting and took her place at the council table. RES. 92-290 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN LOAN AGREEMENT BY AND BETWEEN THE SAN BERNARDINO REGIONAL AIRPORT AUTHORITY AND THE CITY OF SAN BERNARDINO. (R-7) City Clerk Krasney read the title of the resolution. Council ~ember Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that further reading of the resolution be waived. 24 7/20/92 Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Mayor Holcomb recommended t~2t the funding be disbursed in the form of a grant, not a loan as is proposed. Timothy Steinhaus, Agency Administrator, Economic Development Agency, explained that the documents are drafted so that the funding would be disbursed as a loan to the San Bernardino Regional Airport Authority Commission. Resolution Ayes: Council Nays: None. Council Members No. 92-290 was adopted by Members Estrada, Maudsley, Abstain: Council Member Reilly, Miller. the following vote: Minor, Pope-Ludlam. Hernandez. Absent: RES. 92-291 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AMENDMENT NO. ONE TO "OWNER PARTICIPATION AND DEVELOPMENT AGREEMENT" AND "CONVENTION CENTER SUBLEASE AND OPERATING AGREEMENT". (RS-1C) Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 92-291 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Maudsley, Minor, Pope- Ludlam. Nays: None. Absent: Council Members Reilly, Miller. LOS PADRINOS PROGRA...~ - FUNDING REQUEST (RS-3) In a memorandum dated July 17, 1992, Hernandez requested that a discussion be held and taken regarding funding the Los Padrinos program. Council Member possible action Council Member Hernandez spoke in support of Padrinos program, and recommended that the program be the amount of $96,000 from the CMO (Collateralized Obligation) funds that were previously transferred General Fund. the Los funded in Mortgage into the A discussion was held regarding the Los padrinos and possible sources of funding for the program. program, Mayor Holcomb issued an Executive Order to Timothy Steinhaus, Agency Administrator, Economic Development Agency, instructing him to leave the council meeting so that he could attend a meeting being held by Congressman Brown. Council Member Hernandez made a motion, seconded by Council Member pope-Ludlam, that the Mayor's Executive Order to Timothy 25 7/20/92 Steinhaus be overruled. The motion Members Estrada, Maudsley, Minor. failed by the following vote: Ayes: Council Hernandez, Pope-Ludlam. Nays: Council Members Absent: Council Members Reilly, Miller. MAYOR HOLCOMB EXCUSED At 12:23 p.m., Mayor Holcomb left the meeting. TIMOTHY STEINHAUS, AGENCY ADMINISTRATOR, ECONOMIC DEVELOPMENT AGENCY EXCUSED At 12:23 p.m., Timothy Steinhaus, Agency Administrator, Economic Development Agency, left the council meeting. Tim Gergen, Executive Director, Los Padrinos, 909 North "D" Street, San Bernardino, CA, presented to City Clerk Krasney the budget, newsletter, Articles of Incorporation, and a copy of the financial review for the Los Padrinos program. The following persons spoke in support of the Los padrinos program: Father Rosales, Our Lady of Guadalupe Catholic Church, 1475 W. 7th Street, San Bernardino, CA. Lydia Martinez, Casa De San Bernardino, 735 North "D" Street, San Bernardino, CA. Luis Herrejon, Victory Outreach, 1610 North "D" Street, San Bernardino, CA. Ben Rubidoux, President, and Jeanette Tapin, of the Latino Peace Officers Association. Shine Hernandez, of the Gents Organization. Doug Rowand, Board Member of Bethlehem House. Mr. Gergen explained that the Los Padrinos program helps individuals and families utilize assistance programs available within the community, such as counseling, detoxification, conflict resolution, and the clients' spiritual needs through the Catholic Church. Council Member Estrada made a motion, seconded by Council Member Hernandez, that out of the $298,595 unappropriated asset forfeiture fund balance, that the Mayor and Common Council appropriate approximately $96,000 to the Los padrinos program. (Note: There was no vote caken at this time.) Discussion ensued regarding the scope of the Los padrinos program. 26 7/20/92 Council Member Estrada made a substitute motion, that staff confer with members of the Los Padrinos program to establish some goals, or bench marks, in order to certify on-going funding of the program. The motion failed for lack of a second. Senior Assistant City Attorney Barlow recommended that any on-going funding be subject to a written agreement. A discussion was held regarding where possible funds could be located to fund the Los padrinos program. Kenneth Henderson, Executive Director, Economic Development Agency/Development Department, explained how the following funds were generated, and the current account fund balance, for each of the following type of funds: bond proceeds, CMO funds, asset forfei ture funds, and community development block grant funds. He explained that of the funding sources available, only asset forfeiture funds are an acceptable funding source for this program. Discussion ensued regarding the possible use of asset forfeiture funds for the Los padrinos program. The motion Members Estrada, Maudsley, Minor. failed by the following vote: Ayes: Council Pope-Ludlam. Nays: Council Members Hernandez, Absent: Council Members Reilly, Miller. A discussion ensued regarding the scope of the program and possible funding sources for the Los padrinos program. Council Member Hernandez made a motion, to use CMO monies that were previously transferred to the General Fund for the Los padrinos program; and to replace those General Fund monies with a portion of the Public Employees Retirement System (PERS) reserve, to balance the budget. The motion failed for lack of a second. Council Member Estrada made a motion, seconded by Council Member Hernandez, and unanimously carried, that the matter be referred to the Ways and Means Committee, and that the City Administrator have the Finance Director provide information on what the budgetary impact would be of Mr. Hernandez' proposal to fund the Los Padrinos project for approximately $96,000 out of Collateralized Mortgage Obligation (CMO) monies previously transferred to the General Fund, and replace those funds with some of the Public Employees Retirement System (PERS) funds which have been set aside; and further that this matter be continued to the August 3, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 27 7/20/92 RECESS MEETING At 1:08 p.m., the meeting was recessed until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2: 05 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 Pro Tem Maudsley; Council Members Hernandez, Maudsley, Minor, Pope-Ludlam; Deputy City Attorney Empeno, City Clerk Krasney. Absent: Mayor Holcomb; Council Members Estrada, Reilly, Miller, City Administrator Clark. ANNOUNCEMENT STUDENTS MAYOR PRO TEM MAUDSLEY VISITING (2) Mayor Pro Tern Maudsley welcomed the students from San Bernardino Valley College's American Government class. APPEAL HEARING OFFICER'S STATEMENT OF REVOCATION - CGNDI'I'IONAL USE PERMIT NO. 262 EAGLE MOTEL HONG WEN YANG & LIN MEI-YUNG CONTINUED FROM JULY 6, 1992 DECISION- GOLDEN YANG- (50) This is the time and place continued to for an appeal of the Hearing Officer's Statement of Decision regarding the revocation of Conditional Use Permit No. 262 for the Golden Eagle Motel. In a letter dated July 17,1992, Kenneth Nydam, Sprague, Tomlinson, and Nydam, Attorneys at Law, 290 North "D" Street, Suite #807, San Bernardino, CA, requested that the appeal be continued for six month~ so that the remaining outstanding issues could be resolved. COUNCIL MEMBER ESTRADA RETURNED At 2:06 p.m., Council Member Estrada returned to the Council meeting and took her place at the council table. Mayor Pro Tern Maudsley opened the hearing. Council Member Estrada made a motion, seconded by Council Member Hernandez, and unanimously carried, that the appeal of the Hearing Officer's Statement of Decision regarding the revocation of Conditional Use Permit No. 262 for the Golden Eagle Motel, be continued for six months, to January 18, 1993, so that all outstanding issues could be resolved, the applicant can make application for a general plan amendment, and complete repairs to the motel. 28 7/20/92 PUBLIC HEARING - HISTORIC BUILDING DEMOLITION ORDINANCE - CONTINUED FROM JUNE 15, 1992 (51) This is the time and place continued to for a public hearing to consider the historic building demolition ordinance. In a memorandum dated July 10, 1992, Al Boughey, Director of Planning and Building Services, stated that the historic building demolition ordinance amendment would facilitate changes to the review process for demolition permit applications for buildings and structures fifty years old and older. At its May 4, 1992, meeting the Mayor and Council continued the item so that concerns expressed during preceding meetings could be addressed. Staff proposes to revise the ordinance to incorporate the following elements: establish specific mandatory time frames for review and decisions on demolition permit applications; modify the elements required for Historic Resource Evaluation Reports, and include a provision for the notification of the Historic Preservation Task Force of demolition permit applications. Mayor Pro Tem Maudsley opened the hearing. Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that Planning staff be directed to prepare an ordinance incorporating the three proposed modifications to the historic building demolition ordinance for presentation at the August 17, 1992 Mayor and Common Council meeting, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino. APPEAL DENIAL CONDITIONAL USE PERMIT NO. 91-40- COMMUNITY CARE FACILITY LICENSED ALCOHOL & DRUG ABUSE RECOVERY FACILITY 40 RESIDENTS EXISTING MULTI-FAMILY STRUCTURE - 596 WEST 6TH STREET - MARIANNE BARKLAGE (55) This is the time and place set for an appeal of the Planning Commission's denial of Conditional Use Permit No. 91-40 to permit a community care facility to serve as a licensed alcohol and drug abuse recovery facility, for forty residents, in an existing multi-family structure located at 596 West 6th Street in the RM, Residential Medium, land use category. The appeal was filed by Marianne Barklage. In a memorandum dated July 8, 1992, Al Boughey, Director of Planning and Building Services, stated that the applicant, Marianne Barklage, was requesting authorization to establish a community care facility to serve as a licensed alcohol and drug abuse recovery facili.-,:y for forty residents, 2.n an existing multi-family structure. The property is located on the northeast corner of 6th Street and "F" Street. The applicant proposes tenant improvements to the interior of the structure to 29 7/20/92 accommodate facility. physical requirements for the community care The Planning Commission, at its June 16, 1992, meeting denied the application based on the findings that the proposal was not consistent with the Development Code in that the proposed forty resident community care facility is not a permitted use in the RM, Residential Medium land use designation. The Development Code allows community care facilities, for six or less persons, in all residential designations consistent with State law. Community care facilities with seven or more persons are subject to approval of a conditional use permit, and are not permitted in any residential designation. The Development Code states that the Planning Commission may approve a conditional use permit only if all the findings of fact listed therein are made. The proposed use is not conditionally permitted within the subject land use district. Mayor Pro Tem Maudsley opened the hearing. Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the appeal of the Planning Commission's denial of Conditional Use Permit No. 91-40, to permit a community care facility to serve as a licensed alcohol and drug abuse recovery facility at 596 West 6th Street, be continued for thirty days, to August 17, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 91-13- DELETE REQUIREMENT - FEASIBILITY STUDIES & CONVERSION PLANS - PUBLICLY ASSISTED SENIOR PROJECTS - CONTINUED FROM JUNE 1, 1992 (52) This is the time and place continued to for a public hearing to consider a City-initiated proposal to amend the text of the General Plan to eliminate the requirement for marketing and financing analyses to determine long term feasibility, (feasibility study), and conversion plans for publicly assisted senior citizen housing projects. In a memorandum dated July 16, 1992, Al Boughey, Director of Planning and Building Services, stated that this issue was discussed during the Development Code adoption; however, was deferred until after adoption of the Code. A General Plan amendment was prepared to delete the requirement for the feasibility study and conversion plan, as directed by the Mayor and Council. The Planning Commission reviewed General Plan Amendment No. 91-13 and recommended approval. The Mayor and Council reviewed General Plan Amendment No. 91-13 at its meeting of June 1, 1992, and referred it to the Legislative Review Committee. The Legislative Review Committee tabled the item on 30 7/20/92 the recommendation of staff. Staff recommends that the Mayor and Council table General Plan Amendment No. 91-13 until further review by staff can be made. Staff recommends that instead of completely eliminating the requirement for a feasibility study, the purpose of, and the contents of feasibility studies should be outlined, that "publicly assisted project" should be further defined, and the requirement for a conversion plan be separated from the requirement for a feasibility study. Mayor Pro Tern Maudsley opened the hearing. RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING AND APPROVING GENERAL PLAN AMENDMENT NO. 91-13 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (52) Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that General Plan Amendment No. 91-13, to delete the requirement for feasibility studies and conversion plans for publicly assisted senior projects, be tabled. PUBLIC HEARING - RESOLUTION REVISING PLANNING FEES (53) This is the time and place set for a public hearing to consider a resolution revising Planning fees. In a memorandum dated July 9, 1992, Al Boughey, Director of Planning and Building Services, stated that a review of the current planning fees began in early 1989 when the Council directed staff to compare the City's fees to other cities' planning fees. Planning staff then surveyed sixteen cities in the Inland Empire, which resulted in the Mayor and Council adopting Resolution No. 89-471, which increased planning fees to the rate that equaled the median fees of the Inland Empire. Subsequently, staff was directed to continue to work towards establishing fees that recovered more of the cost of providing the service, and to return in one year. In April 1991, Council adopted the City's Development Code, but delayed increasing planning fees. In early 1992, planning staff completed a cost analysis for processing various types of planning cases. The methodology for recommending adjustment of planning fees was based on two factors: an analysis establishing the cost for providing various planning services; and the results of the sixteen city survey that established the median planning fees. The lower of the two figures was utilized based upon State law requirements mandating that fees may not exceed the cost of providing services; the City'S commitment to be supportive of quality development, and stay compe-::'2.t2.ve with other cities by not exceeding the median of the area. The cost analysis 31 7/20/92 determined the average cost for providing planning review and processing for each type of planning case based upon three elements: the planner's time, department overhead, and a City- wide cost allocation factor. Using this methodology, an increase in most categories of planning fees is warranted, however, there are several fee categories where a decrease in planning fees is recommended. After discussion with the ways and Means Committee, the following revision was made to the original proposal, to limit the fee that can be charged to most direct cost recovery projects, by designating the maximum fee based upon the cost of a complex proposal, without public controversy. The Committee felt a maximum was required because it would be unfair to require an applicant to pay for the added costs that arise when an item is controversial, or when an appeal is filed which is outside the applicant'S control. Mayor Pro Tem Maudsley opened the hearing. Al Boughey, Director of Planning and Building Services, and Larry Reed, Assistant Director of Planning and Building Services, answered questions from the Council regarding the proposed revised fee schedule. MAYOR HOLCOMB RETURNED At 2:16 p.m., Mayor Holcomb L8turned and assumed the duties of the Mayor. ~- ~u ~~- l..U~ Council meeting Mayor Holcomb expressed concern that raising time could have a negative impact on development, instead, that a temporary waiver or reduction related fees could spur building activity. fees at this and suggested in development Discussion ensued regarding planning and building services fees, and how the General Fund would be impacted if development related fees were temporarily waived or reduced. Frank Williams, Building Industry Association (B.I.A.), Baldy View Region, 9227 Haven Avenue, Suite #280, Rancho Cucamonga, CA, spoke in opposition to any building related fee increases, which he felt would only add additional costs to developers which would be passed along to home buyers. Council Member Minor made a motion, Member Hernandez, and unanimously carried, closed. seconded by Council that the hearing be Al Boughey, Director of Planning and Building Services, explained that fees alone do not hinder development, that development is dependent upon available financing. 32 7/20/92 RESOLUTION OF THE CITY OF SAN RESOLUTION NO. 83-201 MODIFYING SERVICES, AND REPEALING NO. 89-471 BERNARDINO AMENDING FEES FOR PLANNING AND NO. 91-148.(53) Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the resolution establishing and modifying fees for planning services, be continued to January 4, 1993, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. APPEAL SUBDIVIDE RL AREA - APPROVAL OF 3.13 ACRES INTO BARBARA SKY TENTATIVE TRACT NO. 14997- TEN SINGLE FAMILY LOTS IN AN (54) This is the time and place set for an appeal of the Planning Commission's approval of Tentative Tract No. 14997, to subdivide 3.13 acres into ten single-family lots in an area designated by the General Plan as RL, Residential Low. In a memorandum dated July 9, 1992, Al Boughey, Director of Planning and Building Services, stated that the appellant, Barbara Sky, requests that the Mayor and Council reevaluate the approval of the residential subdivision to subdivide 3.13 acres into ten single-family lots with a density of 3.18 dwelling units per acre in an area designated by the General Plan as RL, Residential Low. The Planning Commission at its May 19, 1992, meeting held a public hearing, at which time Barbara Sky, an adjacent homeowner to the proposed tract, stated that she was not opposed to the subdivision in principle, but rather felt that the applicant, Robert Stone, was being shown favoritism due to his role as a Planning Commissioner, and recommended that the applicant be required to bring the property up to existing Municipal Code standards prior to initiating additional development. After Ms. Sky's testimony, the public hearing was closed. Prior to discussion, Deputy City Attorney Empeno clarified that the item concerned the subdivision of the land, and not the Municipal Code violations that mayor may not exist at the subject property. The subdivision was unanimously approved. On June 1, 1992, Ms. Sky submitted an appeal of the Planning Commission's approval. The basis for the appeal was that the Planning Commission did not consider all available and pertinent information about the property and existing structures prior to making their decision. Staff has determined that Municipal Code provisions cannot be waived, and that the property would be required to meet minimum standarcs. As a result, staf= has initiated the processing of a Notice of Violation for the current property owner at 3075 Belmont Avenue to comply with the residential access provisions in the Municipal Code. Under the Notice of 33 7/20/92 Violation provisions, the property owner would be notified of the Municipal Code violation, and then would have 180 days to complete the required improvements to meet current Municipal Code standards. If after 180 days, the improvements are not completed then the owner would be open to criminal charges with the filing of the citation. Mayor Holcomb opened the hearing. Barbara Sky, 6464 Palm Avenue, San Bernardino, CA, explained the code violations that have existed for several years at 3075 Belmont, and requested that the City pursue code enforcement measures to ensure that the violations are corrected. She recommended that the correction of the code violations be a condition of approval of the tentative tract. Deputy City Attorney Empeno explained that the issue being discussed today is approval of the tentative tract, not the code violations, however, the Council could place conditions of approval on the tentative tract, to require that Ms. Sky's concerns are addressed by requiring that the driveway be paved and that the two existing structures either be demolished or relocated prior to the final map approval. In a letter dated July 16, 1992, Dave Mlynarski, President, Engineering Construction and Environmental Services, Inc., 25864 Business Center Drive, Suite F, Redlands, CA, stated that the structure that is the main subject of the appeal is owned by Bernice Brotherton, and that the issue involving the existing structure located at the south portion of the project area has no relevance with respect to the approval and/or denial of the pending tentative tract map application. All of the requirements of the City's Development Code, and the State Subdivision Map Act have been complied with, and a responsible position has been taken in negotiating off-site public dedications, and utility easements with adjacent property owners, The responsibility of land owners is recognized to comply with the City's codes and standards, however, it seems wasteful and presents a hardship to Mrs. Brotherton to comply with the request to install a driveway at this time, especially since the City is requiring the removal of the house from the property before the final map could be recorded. The driveway installation would cost a minimum of approximately $3,000, and would be an insignificant and short-term upgrade, since Mrs. Brotherton lives on a fixed income. It is requested to uphold the recommendation of the Planning Commission, deny the appeal, and grant Mrs. Brotherton relief from the code violation for the installation of the driveway due to both her physical and economic hardships. Mayor Holcomb recommended that the tentative tract be tabled until the code enforcement violations are corrected. 34 7/20/92 Deputy City Attorney Empeno explained that in 1989 there were two code violations cited at the house: one has been resolved, and the remaining outstanding code violation is the unpaved driveway. Deputy City Attorney Empeno answered questions from the Council regarding the history of the code violations at 3075 Belmont Avenue. Al Boughey, Director of Planning and Building Services, explained the option of conditioning the tract to require the driveway installation within a specific period of time, or requiring that the final map be recorded, which would mean that the two homes would have to be demolished or relocated. Gary Kirby, 1505 Yardley, San Bernardino, CA, felt that no development, improvement, transfer or sale of the property should be allowed until the code violations are resolved. Council Member Minor made a motion, seconded by Council Member Estrada, that the appeal of the approval of Tentative Tract No. 14997, be continued for thirty days to August 17, 1992 to proceed with the code enforcement investigation and violation issuance, and if the driveway is not installed in thirty days, by August 17, 1992, the Council may deny approval of the Tentative Tract. The motion carried by Members Estrada, Maudsley, Member Hernandez. Absent: the following vote: Ayes: Council Minor, Pope-Ludlam. Nays: Council Council Members Reilly, Miller. RECESS MEETING At 3:19 p.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 3:28 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, Hernandez, Maudsley, Minor, Pope-Ludlam; Senior Assistant City Attorney Barlow, City Clerk Krasney, City Administrator Clark. Absent: Council Members Reilly, Miller. RES. 92-292 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING A POLICY OF THE CITY TO COMPLY WITH THE CIVIL RIGHTS ACT OF 1964, THE EQUAL EMPLOYMENT ACT OF 1972, THE CIVIL RIGHTS ACT OF 1.991, AND THE AMERICANS WITH DISABILITIES ACT, MAKING FINDING RELATIVE TO THE CITY'S COMPLIANCE THEREWITH, AND DIRECTING AMENDMENT OF THE CITY' S AFFIR...""~TIVE ACTION PLAN TO MAKE IT CONSISTENT 35 7/20/92 ',' THEREWITH. 12) (Discussed earlier,- in 'the meeting) (See page (13) Senior Assistant City Attorney Barlow explained that paragraph one of the Complaint Procedures, should be amended as follows: COMPLAINT PROCEDURES 1. Should any individual complain to any City Department employee of any alleged discrimination in conjunction with any City afforded services, activities, programs and/or facilities, that person may be directed to the City Affirmative Action Office to complete a informal/formal complaint form, or to seek advice, if the complaint cannot be resolved at the departmental level. Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley, that said resolution be adopted as amended. Resolution No. 92-292 was Ayes: Council Members Estrada, Ludlam. Nays: None. Absent: adopted by the following vote: Hernandez, Maudsley, Minor, Pope- Council Members ~ailly, Miller. CITY ATTORNEY PENMAN RETURNED At 3:29 p.m., City Attorney Penman returned to the Council meeting and replaced Senior Assistant City Attorney Barlow. GENERAL LIABILITY CLAIMS ADMINISTRATION AUDIT - RECEIVE & FILE - CONTINUED FROM EARLIER IN THE MEETING - SEE PAGE 19 (45) In a memorandum dated July 15, 1992, Victor Lorch, Director of Risk Management, stated that the General Liability Claims Administration Audit was performed in order to identify uncollected sources of revenue from prior years, evaluate liability reserves in conjunction with the actuarial study of the Ci ty' s self-insurance program for compliance with Governmental Accounting Standards Board Regulation Ten (GASB 10), tentatively scheduled for implementation June 15, 1993; and an analysis of Risk Management's liability operations after two years. In 1991, with the aid of the City Attorney's Office, an inventory was completed of all claims, and Risk Management's records were updated. After reviewing the City's loss history, and retrieving liability policies from storage, it was recommended that a complete Risk ~anagement liability claims audit be made to aid in the identification of other uncollected claims reimbursements. Heyenrath and Associates, the auditor for BICEP, our liability pool, was recommended. Heyenrath 36 7/20/92 recommended several areas where work is needed, such as reporting on file status, and staffing levels. Mayor Holcomb Attorney and the recommendations in recommended that Risk Management the audit. the Council instruct the City Department to implement the City Attorney Penman stated that he did not concur with the recommendations listed in the audit because much of the information the recommendations were based on was not obtained from the City Attorney's Office and was therefore inaccurate. In a memorandum dated July 16, 1992, Shauna Clark, City Administrator, stated that in closed session on July 6, 1992, a discussion was held regarding the coordination of liability claims between the City Attorney's Office and Risk Management. It was mentioned that the City may receive $600,000 on the basis of a liability claims audit performed at the request of Risk Management. The money would be received by Victor Lorch negotiating with our excess insurance carrier. Apparently, the City has been remiss in not requesting reimbursement on liability cases settled over the limits. These cases date back to 1983, therefore, the present City Attorney was not responsible for the uncollected funds. Now that the audit is complete, the uncollected amount is $1.3 million. The reason the money was not collected is that cases take three or more years to come to trial. According to Ms. Clark, following Mr. Penman's employment with the City, we had three risk managers in rapid succession. Evidently, none of those risk managers made the City Attorney's office aware of the city's liability insurance coverages and the city's potential for collecting this money, which points out the importance of coordination between the two offices. Collection of the $1.3 million is contingent upon negotiation with the insurance carriers. In some cases, the statute of limitation has expired. Ms. Clark explained what excess insurance is and how it affects the City which is self-insured. Discussion ensued regarding the recommendations in the General Liability Claims Administration audit. Mayor Holcomb stressed between departments, so that avoided in the future. the need for these types good communication of problems can be City Attorney Penman explained that none of the recommendations that pertain to the City Attorney's Office are based on factual information obtained from the City Attorney's Office and felt that the recommendations only created 37 7/20/92 unnecessary additional work for his staff. He felt that many problems would be created if Risk Management's staff continued to attempt to settle claims that had become lawsuits. Ci ty Administrator Clark stressed that the most important issue at this time is recovering the funds, which will require the cooperation of all departments involved. She stated that the objections raised by City Attorney Penman should be addressed at the staff level to allow the City Attorney's Office the opportunity to have input, so that corrections can be made to the report, and then be returned to the Council for review. Mayor Holcomb requested that City Attorney Penman outline his concerns with the audit in writing for the Mayor and Common Council meeting of August 17, 1992. Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the General Liability Claims Administration Audit be referred to the City Administrator's Office to coordinate a meeting with the City Attorney's Office, the auditor, and Risk Management to work out the differences that exist in the report, and report back to the Council on August 17, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. CITY ATTORNEY PENMAN EXCUSED At 3:45 p.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. ORDINANCE NO. MC-822 USE OF TELEVISION BROADCAST FACILITIES POSSIBLE AMENDMENT COUNCIL MEMBER HERNANDEZ - CONTINUED FROM EARLIER IN THE MEETING - SEE PAGE 20 (47) In a memorandum dated July 13, 1992, Council Member Hernandez, requested that a discussion be held relative to Ordinance MC-822 relating to the use of the City's television/CATV broadcast facilities by the Mayor and Members of the Common Council. Council Member Hernandez recommended that the text of the ordinance be changed from "Mayor or a member of the Common Council" to "any elected official of the City of San Bernardino." A discussion was and the difficulty necessary. held regarding the intent of the ordinance, that could occur should enforcement be Mayor Holcomb spoke in opposition to any ordinance that would censor free speech, and stifle public debate. He proposed instead that the ordinance state that no elected official could utilize television to criticize any other elected official, 38 7/20/92 unless the opportunity had been extended to all parties involved for equal television time. Senior Assistant City Attorney Barlow explained that the intent of the ordinance was to restrict the potential abuse of power that an elected official may have to utilize television time on Channel 3. He cautioned that any amendment restricting the use of television time was very sensitive and should be carefully considered prior to enactment of further restrictions. Council Member Member pope-Ludlam, amend Ordinance No. Committee. (Note: Minor made a motion, seconded by Council that the discussion and possible action to MC-822 be referred to the Legislative Review There was no vote taken at this time.) The Council expressed concern regarding telephone calls that have been received from citizens concerned about the lack of decorum at recent council meetings. Gary Kirby, 1505 Yardley, San Bernardino, support for this ordinance amendment, as it just individuals the restrictions on free speech that the City. CA, stated his extends to other already exist in Stephanie Congdon, Chairman of the Cable Television Commission cautioned on placing any further restrictions on the use of television time at this time. She stated that the Commission was reviewing the ordinance, and would be coming to the Council in the near future with recommendations. The motion carried by Members Estrada, Maudsley, Member Hernandez. Absent: the following vote: Ayes: Council Minor, Pope-Ludlam. Nays: Council Council Members Reilly, Miller. COUNCIL MEMBER At 4:06 p.m., meeting. HERNANDEZ EXCUSED Council Member Hernandez left the Council RESPONSE TO MR. PENMAN'S ACCUSATIONS - COUNCIL MEETING - JULY 6, 1992 - EXPLANATION WHY MANAGEMENT AUDIT OF CITY ATTORNEY'S OFFICE IS NEEDED - MAYOR HOLCOMB (49) Mayor Holcomb made an oral report in response to comments made by City Attorney Penman at the July 6, 1992 Mayor and Council meeting relative to City Attorney Penman's letter to the Grand Jury requesting an investigation of several City issues such as change orders; and explained the basis for needing a management audit of the City Attorney's Office. Mayor Holcomb explained that by referring the issues to the Grand Jury it would be several months before the Grand Jury would be able to review the issues, and he felt that based on past 39 7/20/92 ,- , . .~. . - " ," - - '"".. ~ -- -. . practices the Grand Jury would decline the request for an investigation. Mayor Holcomb stated that raised by City Attorney Penman, substantiate his allegations. he has researched the issues and has found no information to COUNCIL MEMBER ESTRADA EXCUSED At 4:13 p.m., Council Member Estrada left the Council meeting. COUNCIL MEMBER At 4:13 p.m., meeting. POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council LACK OF A QUORUM At 4: 13 p.m., there was no longer a quorum present at the Mayor and Common Council meeting. Senior Assistant City Attorney Barlow reminded Mayor Holcomb that there was no longer a quorum present at the meeting, and therefore he was not entitled to continue his oral report. COUNCIL MEMBERS ESTRADA, HERNANDEZ AND POPE-LUDLAM RETURNED At 4:23 p.m., Council Members Estrada, Hernandez, and Pope- Ludlam returned to the Council meeting and took their places at the council table. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, to prohibit Mayor Holcomb from continuing his oral report relative to City Attorney Penman's letter to the Grand Jury. (Note: There was no vote taken at this time.) Mayor Holcomb stated that the motion was not recognized. Council Member Hernandez made a substitute motion, by Council Member Pope-Ludlam, to adjourn the meeting. There was no vote taken at this time.) seconded (Note: Mayor Holcomb stated that the motion was not recognized. Mayor Holcomb continued his oral report regarding the issues contained in the letter from the City Attorney to the Grand Jury. COUNCIL MEMBERS ESTRADA, HERNANDEZ, MAUDSLEY, MINOR, & POPE-LUDLAM EXCUSED At 4:26 p.m., Council Members Estrada, Hernandez, Maudsley, Minor, and pope-Ludlam le~t the Council meeting. 40 7/20/92 LACK OF A QUORUM At 4:26 p.m., there was no longer a quorum present at the Mayor and Common Council meeting. SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED At 4:27 p.m., Senior Assistant City Attorney Barlow left the Council meeting. There was no action taken on this item during this meeting. RALPH ANDERSON & ASSOCIATES EXPEDITE RECRUITMENT- FINANCE DIRECTOR - AUTHORIZATION TO HIRE (5-1) There was no action taken on this item during this meeting. MAYOR'S ACTIONS ATTORNEY'S OFFICE & DIRECTIVES RELATIVE TO CITY (S-2) There was no action taken on this item during this meeting. ADJOURNMENT (56) At 4:27 p.m., the regular meeting of the Mayor and Common Council adjourned to 8:30 a.m., Monday, August 3, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Califo.L'iLi..a. RACHEL KRASNEY City Clerk By ~~""'C....; 0....... Melanie Vale Deputy City Clerk No. of Items: 85 No. of Hours: 6.5 41 7/20/92