HomeMy WebLinkAbout12-21-1992 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
REGULAR MEETING
DECEMBER 21, 1992
COUNCIL CHAMBERS
The regular meeting of the Mayor and Common Council of the
City of San Bernardino was called to order by Mayor Holcomb at
8:30 a.m., Monday, December 21, 1992, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California,
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Holcomb; Council Members Reilly,
Hernandez, Maudsley, Minor, Miller; Sr. Assistant City Attorney
Barlow, City Clerk Rachel Clark, City Administrator Shauna Clark.
Absent: Council Members Estrada, Pope-Ludlam.
City Attorney Penman announced that the following additional
cases would be discussed in closed session:
Martv Moroan vs, Citv of San Bernardino
Superior Court Case No. 273033;
San Bernardino
Maroaret McNeil vs. City of San Bernardino - San Bernardino
Superior Court Case No, 274626;
Ron Schinskv vs. Citv of San Bernardino et al San
Bernardino Superior Court Case No. 276194;
Lisa Acevedo vs. Citv of San Bernardino et al San
Bernardino Superior Court Case No. 270154;
State Farm vs, Cidwell - San Bernardino Municipal Court Case
No. 150489,
COUNCIL MEMBER ESTRADA ARRIVED
Council Member Estrada arrived at the Council meeting,
RECESS MEETING - CLOSED SESSION
At 8: 30 a, m" the Mayor and Common Council and
Development Commission recessed to closed session
following:
(1)
Community
for the
a.
to confer with the
litigation pursuant
54956.9 (b) (1) ;
attorney regarding
to Government Code
pending
Section
1
12/21/92
b.
based on existing facts
below, the City Council
whether a closed session
California Government Code
and circumstances, set out
is meeting only to decide
is authorized pursuant to
Section 54956.9(b) (2);
c.
to confer with the attorney regarding
litigation pursuant to Government Code
54956.9 (c) , so that Council/Commission may
whether to initiate litigation;
pending
Section
decide
d. to consider personnel matters pursuant to Government
Code Section 54957;
e. to confer with the Chief of Police on matters posing a
threat to the security of public buildings or a threat
to the public's right of access to public services or
public facilities pursuan:: to Government Code Section
54957;
f. to give instruction to the City' s/Commission' s
negotiator on the purchase of property pursuant to
Government Code Section 54956.8. The real property
which the negotiations concern is generally located at
The identity of each person
with whom negotiations are authorized is:
g.
to meet with an applicant for a
applicant's attorney pursuant
Section 54956.7;
City license and the
to Government Code
h, to confer with the attorney regarding pending
litigation which has been initiated formally to which
the City is a party to pursuant to Government Code
Section 54956,9(a) as follows:
Stubblefield Construction Companv, et al vs. City of San
Bernardino. et al - San Bernardino Superior Court Case No.
242998; San Bernardino Superior Court Case No, 252058;
City of San Bernardino vs. Liberty Cable T,V.. et al-
United States District Court Case No. 82-6876 WMB;
City of San Bernardino vs. County 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;
Guardian Bank vs, James F. Penman. et al - United States
District Court Case No. 92-4415 WOK (Ex);
2 12/21/92
Guardian Bank vs. James F, Penman. et al - San Bernardino
County Superior Court Case No. 272631;
Citv of San Bernardino vs. Chambers Cable - San Bernardino
Superior Court Case No. 264793;
Tomas Armendariz, et al vs, James F. Penman. et al - San
Bernardino Trial Court Case No, 271093;
Jov Revnolds vs. John Hancock/City - San Bernardino Superior
Court Case No, 260458;
Brenn vs, Hernandez/City - San Bernardino Municipal Court
Case No. 263047;
Kranyac vs. Countv/City - United States District Court Case
No. SACV 91-400 GLT;
CLOSED SESSION
At 8:30 a.m" Mayor Holcomb called the closed session to
order in the conference room of the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California,
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Holcomb; Council Members:
Reilly, Hernandez, Maudsley, Minor, Miller; Sr. Assistant City
Attorney Barlow; City Clerk Rachel Clark, City Administrator
Shauna Clark. Absent: Council Members Estrada, Pope-Ludlam,
Also present: Margaret Scroggin, Administrative Operations
Supervisor, City Attorney's Office; Steve Griffin, Facilities
Maintenance Superintendent; Charles M. Farano, Attorney at Law,
representing Joe Arias,
COUNCIL MEMBER ESTRADA ARRIVED
Council Member Estrada arrived at the closed session,
SR. ASSISTANT CITY ATTORNEY MORILLO ARRIVED
Richard Morillo, Sr. Assistant City Attorney, arrived at
the closed session.
STEVE GRIFFIN EXCUSED
Steve Griffin, Facilities Maintenance Superintendent, left
the closed session,
CHARLES M. FARANO EXCUSED
Charles M. Farano, Attorney at Law, representing Joe Arias,
left the closed session.
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12/21/92
READING OF RESOLUTIONS AND ORDINANCES
Deputy City Clerk Jones read the titles of all the
resolutions and ordinances on the regular, supplemental, and
Community Development agendas while the Council was in closed
session.
ADJOURN CLOSED SESSION
At 9:35 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: 37 a. m., Mayor Holcomb reconvened the regular meeting
of the Mayor and Common Council in the Council Chambers of city
Hall, 300 North liD" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Holcomb; Council Members Estrada,
Reilly, Hernandez, Maudsley, Minor, Miller; Sr. Assistant city
Attorney Barlow, City Clerk Rachel Clark, city Administrator
Shauna Clark. Absent: Council Member Pope-Ludlam.
INVOCATION
The invocation was given by Rev. Gary W. Neilan of Calvary
Baptist Church.
COUNCIL MEMBER
At 9:40 a.m.,
Council Meeting and
POPE-LUDLAM ARRIVED
Council Member Pope-Ludlam
took her place at the council
arrived
table.
at the
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Maudsley.
ANNOUNCEMENTS BY MAYOR AND COUNCIL
(2)
There were no announcements during this portion of the
agenda.
COMMENDATIONS - REGIONAL QUALIFIERS OF THE PUNT, PASS
AND KICK CONTEST (4)
J. Lorraine Velarde, Executive Assistant to the Mayor, read
a resolution commending eleven youngsters, who competed in the
regional contest during the half-time show of the Minnesota
Vikings versus L. A. Rams Game at Anaheim Stadium on November 29,
1992. The youngsters who were Regional Qualifiers of the Punt,
Pass and Kick Contest are named as follows:
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12/21/92
Tyler Von Bebber
Victor Huerta
Forrest Stewart
Michael Bailey
James Burries
Michael Burries
Patrick Nelson
Christopher Castaneda
De Onte N, Taylor
Richard Ketchum
Andrew Leyva
SERVICE PIN AWARD CEREMONY
(4)
J. Lorraine Velarde, Executive Assistant to the Mayor, read
the names of each employee 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.
PUBLIC COMMENTS - ROGER DUMAS
(3)
Roger Dumas, a resident of San Bernardino, CA, announced his
candidacy for Mayor of the City of San Bernardino,
PUBLIC COMMENTS - JEFF WRIGHT
(3)
Jeff Wright, p, O. Box 2341, San Bernardino, CA, expressed
concern regarding the City's policy on the resale of confiscated
guns by the Police Department; and the San Bernardino Police
Department's policy on high speed vehicle chase.
PUBLIC COMMENTS - WADE BYARS
(3)
Wade Byars, a resident of San Bernardino, CA, wished a Merry
Christmas to the Mayor and Council and residents of the City.
PUBLIC COMMENTS - JAMES WIRTH
(3)
James Wirth, 1980 Sierra Way, San Bernardino, CA, voiced
concern that the development sign on the corner of 4th and "E"
Streets should be removed; and suggested that the City consider
establishing a super security block in the vicinity of 4th and
5th Streets to provide businesses with extra police patrol and
to create the concept of making downtown San Bernardino a
desirable place to live and work,
WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (5)
Council Member Estrada made a motion, seconded by Council
Member Hernandez, and unanimously carried, that further reading
of all resolutions and ordinances on the regular, supplemental
and Community Development Commission agendas, be waived.
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12/21/92
COUNCIL MINUTES
(6)
Council Member Estrada made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the minutes of
the following meeting of the Mayor and Common Council of the City
of San Bernardino, be approved as submitted in typewritten form:
September 21, 1992.
ROOSEVELT BOWL PROGRAMMING
ENHANCEMENT FUND
$9,000 FROM CULTURAL
(7)
In a memorandum dated December 2, 1992, Annie F. Ramos,
Director of Parks, Recreation and Community Services, stated that
the requested funds provides for continued programming at
Roosevelt Bowl for the Indian Summer and Rites of Spring Series
of musical entertainment.
Donations are received at each performance and it is
anticipated that $1,500 will be collected in the forthcoming two
series. The cost for facility operation and maintenance is borne
by the Parks, Recreation and Community Services Department.
Council Member Estrada made a motion, seconded by Council
Member Hernandez, and unanimously carried, that $9,000 from the
Cultural Enhancement Fund for programming at Roosevelt Bowl, be
approved.
AUTHORIZE CIVIL ENGINEERING ASSOCIATE IN LIEU OF FIELD
ENGINEER POSITION - PUBLIC WORKS/ENGINEERING DEPARTMENT
(10)
In a memorandum dated November 10, 1992, Roger G, Hardgrave,
Director of Public Works/City Engineer, stated that the position
of Field Engineer has been vacant since the resignation of Jon
Roberts. Action to fill the position has been deferred due to
the potential for additional personnel reductions. Since there
are no further budget cuts necessary, it is requested to proceed
with filling the position of civil Engineering Associate, in lieu
of the Field Engineer position. Filling of said position would
result in salary savings of $964 per month.
Council Member Estrada made a motion, seconded by Council
Member Hernandez, and unanimously carried, that authorization be
granted to fill the deleted position of civil Engineering
Associate, in lieu of the vacant position of Field Engineer, in
the Department of Public Works.
6
12/21/92
ACQUISITION OF POOL TABLE FOR LYTLE CREEK PARK
COMMUNITY CENTER - $911 FROM THIRD WARD PARK EXTENSION
FUNDS (11)
In a memorandum dated December 14, 1992, Annie F. Ramos,
Director of Parks, Recreation and Community Services, requested
authorization for the acquisition of a pool table for Lytle Creek
Park Community Center to enable staff to meet a wider range of
interests for the center patrons. The tables would be used
primarily by the teens who patronize the facility. Local
teenagers currently share a single table with other patrons. A
second table allows more youth to be involved in games and
contests and enables staff to promote wholesome activities.
council Member Estrada made a motion, seconded by Council
Member Hernandez, and unanimously carried, that $911 from Third
Ward Park Extension Funds for the acquisition of a pool table for
Lytle Creek Park Community Center, be approved.
STREET NAME CHANGE - GUTHRIE
BETWEEN HIGHLAND AVENUE
AUTHORIZATION TO PROCEED
STREET TO READING WAY,
AND PACIFIC STREET-
(12)
In a memorandum dated November 25, 1992, Roger G. Hardgrave,
Director of Public Works/City Engineer, stated that the Oak Tree
Group, represented by E.C.E.S, the parent company for Autumnwood
Apartments located on Guthrie street, between 20th Street and
Highland Avenue, has requested to change the name of Guthrie
Street to one of three choices: Mountainview Drive,
Mountaingate Drive or Forest Street. The request was made on
the part of concerned property owners to upgrade the area and
the pUblic's perception of the "Arden/Guthrie" area and the
neighborhood.
At the suggestion of the Mayor, Emmerton School was brought
into the selection process to allow classes at Emmerton to select
the new name. A final list of six names was received. with the
help of Shirley Lowe from the City of San Bernardino Unified
School District, Lorraine Velarde of the Mayor's Office and Real
Property staff, the final choice of Readinq Wav was made.
There are 20 four-plexes, 19 single-family homes and the
Autumnwood Apartments which are affected by this proposed street
name change. At the southwest corner of Highland Avenue and
Guthrie street is a retail shopping center. The shopping center
businesses located on Highland Avenue will receive notification,
as well as other property owners and tenants of the proposed
name change. The Public Works/Engineering Department will make
the necessary notifications to adjoining property owners and
tenants, city Departments and utility companies, conduct the
investigations and prepare the appropriate resolution. The Post
Office will also be advised of the street name change. The Oak
7
12/21/92
Tree Group has paid a $500 processing fee for the street name
change and they will assume responsibility for any costs for new
street name signs,
Council Member Estrada made a motion, seconded by Council
Member Hernandez, and unanimously car~'ied, that the Real Property
Section of the Public Works Department be authorized and directed
to proceed with changing the name of Guthrie Street lying between
Highland Avenue and Pacific Street to Reading Way.
CLAIMS AND PAYROLL
(14)
Council Member Estrada made a T:\otion, seconded by Council
Member Hernandez, and unanimously carried, that the claims and
payroll, and the authorization to issue warrants as listed on the
memorandum dated December 8, 1992 from the Director of Finance,
be approved.
PERSONNEL ACTIONS
(15)
Council Member Estrada made a T:\otion, seconded by Council
Member Hernandez, and unanimously carried, that the personnel
actions submitted by the Chief Exami~er dated December 8, 1992,
in accordance with all administrative regulations of the City of
San Bernardino, be approved.
JOINT POWERS FINANCING AUTHORITY - REGULAR MEETING (16)
Council Member Estrada made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the regular
meeting of the Joint Powers Financing Authority be adjourned to
January 20, 1993.
RES. 92-465 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
COUNTY OF SAN BERNARDINO ENVIRONMENTAL HEALTH SERVICES
RELATING TO THE REIMBURSEMENT OF TIPPING FEES FOR THE
CITY OF SAN BERNARDINO FOR FY 92-93. (17)
RES. 92-466 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION 91-12 ENTITLED IN PART "RESOLUTION
.AMENDING CONFLICT OF INTEREST CODES "BY
AMENDING APPENDICES A AND B TO ADD, DELETE AND CHANGE
THE TITLES OF VARIOUS POSITIONS WITHIN DEPARTMENTS OF
THE CITY WHICH MUST FILE CONFLICT OF INTERESTS
STATEMENTS. (18)
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12/21/92
RES. 92-467 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT
BETWEEN THE HOUSING AUTHORITY OF SAN BERNARDINO COUNTY
AND THE PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT OF THE CITY OF SAN BERNARDINO RELATING TO
THE DRUG ELIMINATION PROGRAM AT THE JOHNSON COMMUNITY
HALL, (20)
Council Member Estrada made a motion, seconded by Council
Member Hernandez, that said resolutions be adopted.
Resolution Nos,
the following vote:
Hernandez, Maudsley,
Absent: None.
92-465,
Ayes:
Minor,
92-466, and 92-467 were adopted by
Council Members Estrada, Reilly,
Pope-Ludlam, Miller. Nays: None.
RES. 92-468 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
DENNEHEY GROUP TO PERFORM CONSULTING SERVICES FOR THE
PUBLIC SERVICES DEPARTMENT. (21)
Council Member Estrada made a motion, seconded by Council
Member Hernandez, and unanimously carried, to authorize the
selection of the Dennehey Group, Inc., for the provision of a
management audit of the Public Services Department; and that said
resolution be adopted,
Resolution No, 92-468 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley,
Minor, Pope-Ludlam, Miller. Nays: None, Absent: None.
RES. 92-469 - RESOLUTION OF THE CITY OF SAN BERNARDINO
APPROVING A SIDE LETTER TO ARTICLE VI, SECTION 1, OF
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN
BERNARDINO AND EMPLOYEES IN THE POLICE SAFETY
EMPLOYEES' BARGAINING UNIT OF THE CITY OF SAN
BERNARDINO REPRESENTED BY THE SAN BERNARDINO POLICE
OFFICERS' ASSOCIATION (SBPOA). (22)
RES, 92-470 - RESOLUTION OF THE CITY OF SAN BERNARDINO
APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO.
15093, LOCATED BETWEEN POPLAR AND MILL STREETS,
APPROXIMATELY 460 FEET EAST OF PEPPER 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. (24)
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12/21/92
RES. 92-471 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION NO, 92-403 ENTITLED IN PART TO READ
"RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING THE
APPRAISER'S DETERMINATION OF FAIR MARKET VALUE OF THE
LAND LOCATED ON THE NORTH SIDE OF 40TH STREET, WEST OF
ACRE LANE, " AND AUTHORIZING PAYMENT IN THE
AMOUNT OF FORTY-SIX THOUSAND TWO HUNDRED TWENTY-SIX
DOLLARS ($46,226) FOR THE PURCHASE OF SAID LAND" BY
AMENDING THE PAYMENT AMOUNT, (25)
RES. 92-472 - RESOLUTION OF THE CITY OF SAN BERNARDINO
FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE AMENDMENT OF BOUNDARIES AND SCOPE
OF ASSESSMENT DISTRICT NO. 990 BY EXPANDING THE
BOUNDARIES THEREOF TO INCLUDE ADDITIONAL TERRITORY IN
THE DISTRICT AND BY EXPANDING THE SCOPE TO INCLUDE
SECURITY PATROL AND ADDITIONAL STREET LIGHTING AND
ENERGY COST FOR SAID ADDITIONAL TERRITORY IN THE
DISTRICT IN THE AREA OF HIGHLAND AVENUE AND ARDEN
AVENUE; ORDERING THE AMENDMENT AND EXPANSION OF THE
BOUNDARIES AND SCOPE OF THE DISTRICT; CREATING ZONE 1
TO COVER THE EXISTING BOUNDARIES AND CREATING ZONE 2 TO
COVER THE ADDITIONAL TERRITORY; AND THAT THE SPECIAL
ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931
SHALL NOT APPLY AND APPROVING AMENDED ASSESSMENT
DISTRICT DIAGRAM MAP NO. 990. (26)
RES, 92-473 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER TO ENGS MOTOR SERVICE FOR THE
FURNISHING AND DELIVERY OF THREE (3) EACH, AUTOMATED
SIDE LOADING REFUSE TRUCK CHASSIS, TO BE UTILIZED BY
THE PUBLIC SERVICES/REFUSE DEPARTMENT IN ACCORDANCE
WITH BID SPECIFICATION F-93-06. (27)
RES. 92-474 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER TO AMREP INC. FOR THE
FURNISHING AND DELIVERY OF THREE (3) AUTOMATED SIDE
LOADING REFUSE TRUCK BODIES, TO BE UTILIZED BY THE
PUBLIC SERVICES/REFUSE DEPARTMENT IN ACCORDANCE WITH
BID SPECIFICATION F-93-06. (28)
RES, 92-475 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A SCHEDULE 7 ADDENDUM TO LEASE PURCHASE
AGREEMENT NUMBER 108, DATED OCTOBER 28, 1991 TO MLC
GROUP, INC. FOR THE FINANCING OF THREE (3) EACH
AUTOMATED SIDE LOADING REFUSE TRUCKS, TO BE UTILIZED BY
THE PUBLIC SERVICES/REFUSE DEPARTMENT IN ACCORDANCE
WITH BID SPECIFICATION F-93-06. (29)
Council Member Estrada made a motion, seconded by Council
Member Hernandez, that said resolutions be adopted.
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12/21/92
Resolution Nos. 92-469, 92-470, 92-471, 92-472, 92-473, 92-
474, and 92-475 were adopted by the following vote: Ayes:
Council Members Estrada, Reilly, Hernandez, Maudsley, Minor,
Pope-Ludlam, Miller. Nays: None. Absent: None.
ORD. MC-855 - 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
(31)
ORD. MC-856 - ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING SECTIONS 19.06.010(2) TABLE 06.030, 19.10.030,
19.22.150 TABLE 22.01, AND 19.24.030 OF THE SAN
BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE), TO
INCORPORATE DEVELOPMENT STANDARDS, PERMITTED USES, SIGN
REGULATIONS AND PARKING PROVISIONS, AS APPROVED IN THE
UNIVERSITY BUSINESS PARK SPECIFIC PLAN. Final (33)
Council Member Estrada made a motion, seconded by Council
Member Hernandez, that said ordinances be adopted.
Ordinances MC-855 and MC-856 were adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Hernandez,
Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent:
None.
EXCHANGE ONE TYPIST CLERK II POSITION
SECRETARY - PLANNING AND BUILDING SERVICES
FOR ONE
(8)
In a memorandum dated December 1~, 1992, Al Boughey,
Director of Planning & Building Services, requested to reinstate
the position of Secretary to the Planning Commission in exchange
for deleting a vacant Typist Clerk II position. The department
has been without a Planning commission Secretary since the
resignation of the former Secretary in November 1991.
The Secretary is responsible for most of the record keeping
duties for the Planning Commission, overseeing the preparation of
Planning commission agendas and staff reports, notices of public
hearings, notices of environmental declaration; preparation of
minutes of meetings and actions of the commission; preparation of
staff reports on projects where final action is needed by
council; and assisting the Planning Division Supervisor in
keeping track of planning projects.
The Planning Division currently has only one Typist Clerk II
to address its clerical needs. The department is unable to
require that a Typist Clerk II or Typist Clerk III attend
Planning Commission meetings and perform minute taking duties, as
the necessary skills and responsibility of attending after hours
meetings are not contained in the job descriptions.
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12/21/92
The Director of Planning and Building Services proposes to
delete one vacant, budgeted Typist Clerk II position and
reinstate the secretary position to provide the Planning Division
with assigned responsibilities of record keeping for the Planning
Commission and general clerical assistance.
since September 8, 1992 when the Typist Clerk II position
was vacated, the department has accrued salary savings of $5,343.
Additionally, the department has accrued overall salary savings
of approximately $34,000 from July 1, 1992 through November 30,
1992 which compensates for the minor increases in salary costs.
Funds for this anticipated position upgrade were reserved in the
department's current budget. The Budget Review Committee
reviewed and approved the requests.
Sr. Assistant City Attorney
motion three be amended by adding
reflect this particular action".
Barlow requested that form
the following language: lito
Council Member Pope-Ludlam made a motion, seconded by
Council Member Minor, and unanimously carried, to delete one
budgeted Typist Clerk II position, Range 1243, $1,489 - $1,809
per month; to reinstate one Secretary position, Range 1283,
$1,820 - $2,212 per month; and to direct the Personnel Department
to update Resolution No. 6433 to reflect this particular action.
-,
DELETE ONE SENIOR
PRINCIPAL PLANNER
SERVICES
PLANNER POSITION & REINSTATE ONE
POSITION PLANNING & BUILDING
(9)
In a memorandum dated December 11, 1992, Al Boughey,
Director of Planning and Building Services, reported that the
Mayor and Council took action on April 15, 1991 to eliminate the
Principal Planner positions upon appointment of a Planning
Division Manager. Funds were frozen and the department was
unable to fill the Planning Division Manager position.
currently, the department is still not authorized to fill the
Planning Division Manager position. since December of 1990, the
Planning Division has lost the following supervisorial level
positions: two Principal Planners, and one Senior Planner.
The Division currently has two Senior Planner positions and
the Director proposes to delete one Senior Planner position in
exchange for reinstatement of one Principal Planner position.
The Principal planner position is essential to the division in
that this position advises and assists the Director in
administering policies established by the Planning Commission and
Mayor and Council on matters related to the orderly growth of the
city. The Principal Planner represents the City as a technical
advisor to committees involving citizens and representatives of
other governmental agencies. The principal Planner is
responsible for assigning and reviewing the work of the
12
12/21/92
professional planning staff and the overall planning function,
including training, evaluating, selecting and recommending
disciplinary action when necessary, The Senior Planner position
does not include this level of responsibility in its job
description.
The reinstatement of a
provide the Planning Division
appropriate leadership, policy
skills as well as high level of
Principal Planner position will
with a position which includes
administration, and supervisorial
technical expertise.
Funds for this anticipated upgrade were reserved in the
department's current budget. The Budget Review Committee
reviewed and approved the request. Additionally, the department
as accrued overall salary savings of approximately $39,000 from
July 1, 1992 through November 30, 1992,
Sr. Assistant City Attorney
motion three be amended by adding
reflect this particular action".
Barlow requested that
the following language:
form
"to
Council Member Pope-Ludlam made a motion, seconded by
Council Member Minor, and unanimously carried, to delete one
Senior Planner position, Range 2426, $3,711 - $4,512 per month;
to reinstate one Principal Planner position, Range 4450, $4.185-
$5,087 per month; and to direct the Personnel Department to
update Resolution No. 6433 to reflect this particular action.
STREET VACATION 7TH BETWEEN "D"
STREET - AUTHORIZATION TO PROCEED
STREET AND "E"
(13)
In a memorandum dated December 8, 1992, Roger G. Hardgrave,
Director of Public Works/City Engineer, stated that at the
December 7, 1992, Council meeting, approval was given for the
construction of a new concrete tilt-up building for the new
police facility in lieu of renovating the two existing buildings,
The vacation of 7th Street was an integral part of the concept,
in order to provide sufficient parking. Access is provided to
the parcels on the corners of "E" Street and "D" Street. Also,
the General Telephone Company has a manhole in 7th Street which
provides access to the main cables to their facility,
Arrangement for access need to be made with the property owners.
The fee for a street vacation is $1,000.
Discussion was held regarding the impact on property owners
if the vacation proposal is approved; and if adequate notice will
be provided to property owners concerning the public hearing,
Council Member Estrada made a motion,
Member Hernandez, that the item be tabled.
vote taken at this time.)
seconded by Council
(Note: There was no
13
12/21/92
council Member Reilly made a substitute motion, seconded by
council Member Minor, that the Director of Public Works/City
Engineer and the city Clerk be authorized to proceed with the
proposed vacation of a portion of 7th street, between "D" street
and "E" street; and that Plan No. 8849, showing the proposed
vacation of a portion of 7th street between "D" street and "E"
street, be approved. (Note: The vote was taken after the
discussion)
.~
Discussion ensued regarding previous council action relative
to the construction of the new police facility. Concerns were
expressed that the city should not expend funds to vacate Seventh
Street until a decision has been made relative to the police
facility.
Roger Hardgrave, Director of Public Works/City Engineer,
answered questions and stated that the request for authorization
to proceed and plan the vacation of Seventh street, between "D"
street and "E" Street would start the process of contacting the
utility companies and property owners of the public hearing.
It was pointed out that funds may have already been expended
by the architects.
City Administrator Shauna Clark responded to concerns
relative to the procedures used to select the firm to develop the
police facility. She stated that eight firms were sent
proposals, but a local firm with police facility experience was
selected.
The Council voiced concern that closing 7th street would
add to existing traffic congestion and would divert additional
traffic onto nearby streets.
The motion carried by the following vote: Ayes:
Members Reilly, Maudsley, Minor, Pope-Ludlam, Miller.
Council Members Estrada, Hernandez. Absent: None.
Council
Nays:
RES. 92-476 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GREAT
WESTERN BANK (GWB) TO PERFORM SERVICES RELATING TO THE
ADMINISTRATION OF THE PST DEFERRED COMPENSATION PLAN.
(19)
City Administrator Shauna Clark answered questions regarding
whether or not Request for Proposals were sent to prospecti ve
businesses.
Council Member Estrada made a motion, seconded by Council
Member Reilly, that said resolution be adopted.
14
12/21/92
Resolution No. 92-476 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley,
Minor, Pope-Ludlam, Miller. Nays: None. Absent: None.
RES. 92-477 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ROBERT
M. A. WILSON FOR CONSULTING SERVICES RE TRAFFIC
EDUCATION, MANAGEMENT AND TRAINING. (23)
Wayne Harp, Assistant Chief of Police, answered questions
regarding compensation for the cor:sultant and stated that the
consultant would be responsible for providing traffic education,
management and training services and would interface between the
community and the Police Department.
COUNCIL MEMBERS
At 10:29 a.m.,
Council meeting.
ESTRADA AND MILLER EXCUSED
Council Members Estrada and Miller left the
Council Member Minor made a motion, seconded by Council
Member Pope-Ludlam, that said resolution be adopted.
Resolution No. 92-477 was
Ayes: Council Members Reilly,
Ludlam. Nays: None. Absent:
adcpted by the following vote:
Hernandez, Maudsley, Minor, Pope-
Council Members Estrada, Miller.
COUNCIL MEMBER ESTRADA RETURNED
At 10:30 a.m., Council Member Estrada returned to the
Council meeting and took her place at the council table.
RES. 92-478 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ADOPTING THE PRE-ELECTION GUIDELINES AS ESTABLISHED BY
SAN BERNARDINO COMMUNITY CABLE TELEVISION COMMISSION
FOR USE BY THE TELECOMMUNICATIONS DIVISION OF THE CITY
OF SAN BERNARDINO. (30)
City Administrator Shauna Cla:::k described the differences
between a candidate profile and a candidate debate. She stated
that approximately four years ago, the City participated in
allowing 15 minute allotments of media time for candidates and
guests prior to municipal elections. Each candidate determines
the content of their program segment. Candidate debates and
forums are sponsored by outside organizations such as the League
of Women Voters or Chamber of Commerce. Ms. Clark emphasized
that debates are not limited to the above mentioned groups, but
that other outside groups may be designated as sponsors/co-
producers for pre-election programming as recommended by the
Community Cable Television Commission.
15
12/21/92
Jeff Wright,
concern regarding
public office.
P. O. Box 2341, San Bernardino, CA, voiced
equal media access to candidates running for
council Member Estrada made a motion, seconded by Council
Member Reilly, that said resolution be adopted.
Resolution No. 92-478 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley,
Minor, Pope-Ludlam. Nays: None. Absent: Council Member
Miller.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTIONS 19.02.040(6) (A), 19.30.230(2) (A),
19.30.230(2) (B) (4) AND 19.48.060 (11) OF THE SAN
BERNARDINO MUNICIPAL (DEVELOPMENT) CODE PERTAINING TO
THE REQUIREMENTS FOR RESIDENTIAL PARCEL MAPS. Final
(32)
A discussion was held regarding provisions in section 2 (Al
Improvement Agreement being amended to direct the subdivider to
enter into a contract with the City, acceptable to the Mayor and
Common Council.
Sr. Assistant City Attorney Barlow recommended that the item
be referred to the Legislative Review Committee.
COUNCIL MEMBER MILLER RETURNED
At 10:37 a,m., Council Member Miller returned to the Council
meeting and took her place at the council table.
Council Member Hernandez made a motion, seconded by Council
Member Estrada, and unanimously carried, that the ordinance be
referred to the Legislative Review Committee.
PUBLIC HEARING IMPOSING LIENS ON
WITHIN THE CITY OF SAN BERNARDINO
BUSINESS REGISTRATION FEES
PROPERTY LOCATED
FOR UNCOLLECTED
(34)
This is the time and place set for a public hearing relative
to imposing liens on property located with the city of San
Bernardino for uncollected business registration fees.
In a memorandum dated December 21, 1992, Rachel Clark, City
Clerk, presented background information concerning the status of
John H. Buckner and Christine R. Buckner's property located at
805 North "D" Street, San Bernardino, California.
In a memorandum dated December 3, 1992, Rachel Clark, City
Clerk, stated that previously a resolution has been presented to
the Common Council for authorization to impose liens on certain
parcels of property for uncollected business registration fees.
16
12/21/92
92-479 RESOLUTION OF THE CITY OF
IMPOSING LIENS ON CERTAIN PARCELS OF
LOCATED WITHIN THE CITY OF SAN
UNCOLLECTED BUSINESS REGISTRATION FEES.
SAN BERNARDINO
REAL PROPERTY
BERNARDINO FOR
(34)
Mayor Holcomb opened the hearing.
Jeff Wright, P. O. Box 2341, San Bernardino, CA, suggested
that the Council consider granting loans to property owners
instead of imposing liens against their property for uncollected
business registration fees.
City Clerk Rachel Clark stated that Mr. Buckner has
requested a continuance of the public hearing.
Discussion was held regarding whether or not the businesses
had been inspected. It was pointed out that due to the lack of
code enforcement staff, inspections are normally performed on a
complaint basis.
James Wirth, 1980 Sierra Way, San Bernardino, CA, spoke
concerning the licensing of rental properties and requested a
legal opinion from the city Attorney relative to the differences
between a business license and business registration certificate.
Council Member Minor made a motion, seconded by Council
Member Maudsley, that the hearing be closed; and that said
resolution be adopted. (Note: There was no vote taken at this
time. )
It was suggested that Mr. Buckner's item be handled
administratively.
Council Member Minor made a substitute motion, seconded by
Council Member Hernandez, that the hearing be closed; that said
resolution be adopted; and that the matter relative to property
owned by Mr. John H. Buckner and Christine R. Buckner, located at
805 North "D" street, be continued to January 11, 1993, in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
The motion carried and Resolution No. 92-479 was adopted by
the following vote: Ayes: Council Members Estrada, Reilly,
Hernandez, Minor, Pope-Ludlam, Miller. Nays: Council Member
Maudsley. Absent: None.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF A INTER-JURISDICTIONAL DISCHARGE
AGREEMENT WITH THE CITY OF RIALTO RELATING TO DISCHARGE
OF WASTEWATER FROM THE CITY OF SAN BERNARDINO INTO
RIALTO'S SEWAGE COLLECTION SYSTEM. (Continued from
December 7, 1992) (35)
17
12/21/92
Council Member Hernandez made a motion, seconded by Council
Member Estrada, and unanimously carried, that said resolution be
continued to January 20, 1993, in t:,.e Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
EXTENSION OF ORANGE SHOW ROAD, FROM ARROWHEAD
TIPPECANOE AVENUE SELECTION ALIGNMENT
FROM DECEMBER 7, 1992.
AVENUE TO
CONTINUED
(36l
This
selection
Arrowhead
is the time and place continued to consider
alignment for the extension of Orange Show Road,
Avenue to Tippecanoe Avenue.
the
from
In a memorandum dated December 14, 1992, Roger G. Hardgrave,
Director of Public Works/City Engineer, stated that confirmation
of the selection of the preferred alignment for the extension of
Orange Show Road, from Arrowhead Avenue to Tippecanoe Avenue, was
continued to the Council meeting of December 21, 1992, in order
to afford an opportunity to meet wit:" the committee representing
the property owners and residents of the area.
A meeting was held with six members of the committee, on
December 11, 1992. The members presented a list of concerns
relative to Alignment No. One which included: 1) installation of
a traffic signal at Washington Street; 2) elimination of cul-de-
sacs; 3) installation of concrete barrier in new streets; 4)
installation of a pedestrian bridge at Amos Street; 5)
improvement of community center facilities; 6) employment of
local residents on the project for construction of Orange Show
Road; 7) utilization of local businesses in construction
projects; 8) hours of work; 9) control of waste materials; 10)
improvement of other streets; and 11) development & relocation
assistance.
~
The consensus among the members of the committee was that
the alignment was acceptable, and their concerns could best be
addressed through the environmental review process.
Council Member Estrada made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the selection of
the preferred alignment for the extension of Orange Show Road, be
confirmed, and the Director of Public Works/City Engineer be
directed to proceed with the process of project development,
wi th the concerns of the property owners in the area to be
considered by the City's Environmental Review Committee.
REQUEST TO IMPOSE A LIEN ON PROPERTY LOCATED WITHIN THE
CITY OF SAN BERNARDINO UNCOLLECTED BUSINESS
REGISTRATION FEES FOR PROPERTY OWNED BY TED BAIR
LOCATED AT 5704 NORTH "E" STREET CONTINUED FROM
DECEMBER 7, 1992 (37l
18
12/21/92
This is the time and place continued to consider a request
to impose a lien on property located at 5704 North "E" Street for
uncollected business registration fees. The property is owned by
Ted Bair.
City Clerk Rachel Clark announced that Mr. Bair has paid the
lien in full, and that no further action is required.
Council Member Minor made a motion, seconded by Council
Member Maudsley, and unanimously carried, that the matter
relative to imposing a lien for uncollected business registration
fees on property, owned by Ted Bair, located at 5704 North "E"
Street, be tabled.
REQUEST TO RECONSIDER ACTION TAKEN
RELATIVE TO DEVELOPMENT OF A NEW
COUNCIL MEMBER HERNANDEZ
DECEMBER 7, 1992
POLICE FACILITY-
(38l
In a memorandum dated December 10, 1992, Council Member
Ralph Hernandez requested the Mayor and Council to reconsider
action taken at the December 7, 1992 Council meeting which
authorized the Police Facility Development Team to proceed with
development and refinement of the new police facility.
Council Member Miller made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the request to
reconsider action taken at the December 7, 1992 Council meeting
relative to development of a new police facility, be tabled.
REQUEST TO REPEAL MUNICIPAL CODE SECTION
RETURN OF ABSENT VOTER BALLOT APPLICATIONS
MEMBER POPE-LUDLAM
2.56.143-
COUNCIL
(39l
In a memorandum dated
Pope-Ludlam requested that
Municipal Code Section 2.56.143
voter ballot applications.
December 10, 1992, Council
the Mayor and Council
relative to the return of
Member
repeal
absent
City Administrator Shauna Clark explained that prior to the
enactment of Municipal Code Section 2.56.143, there have been
instances where candidates or representatives of candidates
collect several absentee applications and hold them or sort them
by geographical location or by block before submitting them to
the City Clerk's Office. Candidates or representatives would
know what applications were turned in to the Clerk's office and
when the ballots would be mailed. The City Clerk's Office
procedure for mailing ballots is 24 hours after receiving the
absentee ballot application. With this knowledge, a candidate or
representative could return to the residence of the voter and
pressure the voter to vote the absentee ballot. City
Administrator Shauna Clark pointed out that if the voter returned
his or her own absentee ballot application, the voter would
19
12/21/92
control when he/she
ordinance provides an
elections.
received the ballot. The established
extra measure of control imposed upon City
City Clerk Rachel Clark stated that when this legislation
was first enacted in 1985, the door-to-door mail influence
resulted in forged absentee ballot applications. Two years ago,
there were instances of forged applications; ballots handled by
unauthorized parties; and voters being mislead by campaign
workers. City Clerk Clark pointed out that the voters still have
the opportunity to apply for an absentee ballot when they receive
their sample ballot.
Council Member Hernandez made a motion, seconded by Council
Member Estrada, to support the repeal of Municipal Code Section
2.56.143 which requires the return of absent voter applications
by mail or in person by the person applying. (Note: There was
no vote taken at this time.)
Discussion ensued regarding time restraints for submitting
absent voter applications and the turn around time to mail the
ballots back to the applicants.
Council Member Estrada made a substitute motion, seconded by
Council Member Maudsley, that the request to repeal Municipal
Code Section 2.56.143 which requires the return of absent voter
applications by mail or in person by the person applying, be
tabled.
The motion carried by the following vote:
Members Estrada, Reilly, Maudsley, Minor, Miller.
Members Hernandez, Pope-Ludlam. Absent: None.
Ayes:
Nays:
Council
Council
RECESS MEETING
At 11:09 a.m., Mayor Holcomb declared a five-minute recess.
RECONVENE MEETING
At 11:13 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 by City Clerk Rachel Clark with the
following being present: Mayor Holcomb; Council Members Reilly,
Hernandez, Maudsley, Minor; Sr. Assistant City Attorney Barlow,
City Clerk Rachel Clark, City Administrator Shauna Clark.
Absent: Council Members Estrada, Pope-Ludlam, Miller.
20
12/21/92
REQUEST CO-SPONSORSHIP STREET FAIR & CLEANUP DAY-
JANUARY 16, 1993 - BASELINE MERCHANTS ASSOCIATION (S-7l
In
Velarde,
Baseline
fair and
a memorandum dated December 17, 1992, J.
Executive Assistant to the Mayor, reported
Merchants Association is planning to sponsor
cleanup day on Saturday, January 16, 1993.
Lorraine
that the
a street
The Merchants Association requested assistance from the
City for the use of 200 chairs to be delivered to Lincoln
Elementary School at a cost of $100; the use of six 40-cubic yard
dinosaur dumpsters for a total charge of $2,224.02; the
utilization of street light crews to erect and remove balloons at
the intersections of Baseline and "H" Streets; Baseline and "E"
Streets; Baseline and Arrowhead; and Baseline and Waterman at a
cost of $600; and financial assistance in the amount of $750 from
the Civic and Promotion Fund to pay for special event liability
coverage.
It is recommended that the City co-sponsor the event and
that the costs be absorbed by the City. In addition, the
Baseline Merchants Association is seeking a grant in the amount
of $500 to pay for the cost of one-day liability coverage for the
event. The total cost is $3,674.02; $2,924.02 to be absorbed by
departmental budgets and $750 from the Civic & Promotional Fund.
COUNCIL MEMBERS
RETURNED
ESTRADA,
POPE-LUDLAM
AND
MILLER
At 11:14 a.m., Council Members Estrada, Pope-Ludlam and
Miller returned to the Council meeting and took their places at
the council table.
Council Member Reilly made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the Street Fair
and Cleanup Day to be held January 16, 1993, be co-sponsored by
the City as a promotional event, and that the charges assessed by
the Facilities Management Department, the Public Services
Department and the Public Works Department in the amount of
$2,924.02, be waived; and that funds in the amount of $750 be
allocated from the Civic and Promotion Fund to allow the Baseline
and Vicinity Merchants Association to purchase the required
special event coverage (liability insurance) for the event.
*Note:
the Council
this item.
Council Members Pope-Ludlam and Miller returned to
meet ing; however, they did not register a vote on
21
12/21/92
COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING
At 11:15 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.
ORD. MC-857 AN ORDINANCE OF THE CITY OF SAN
BERNARDINO ADDING CHAPTER 2.41 TO THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO THE MAIN STREET ADVISORY
BOARD OF SAN BERNARDINO DOWNTOWN MAIN STREET, INC.
Final (R-4)
Council Member Hernandez made a motion, seconded by Council
Member Maudsley, that said ordinance be adopted.
Ordinance MC-857 was adopted
Council Members Estrada, Reilly,
Pope-Ludlam, Miller. Nays: None.
by the following vote:
Hernandez, Maudsley,
Absent: None.
Ayes:
Minor,
CONTRACT EXTENSION FOR PROVISIONAL ACCELERATED LEARNING
(PAL) CENTER (R-5)
In a memorandum dated December 15, 1992, Kenneth J.
Henderson, Executive Director of the Development Department,
stated that on July 1, 1991, the Mayor and Common Council
approved funding of certain start-up costs associated with the ~
provisional Accelerated Learning (PAL) Center's proposed child
care facility, with the proviso that such funding be a one-time
infusion of public assistance using Collateralized Mortgage
obligation Residual (CMO) Funds.
The original PAL Center request was for approximately
$161,000 ($41,212 from the County) to purchase a trailer with
associated plumbing, electrical, permits and landscaping. The
remaining amount of $120,000 was to be paid from Development
Department funds ~n connection with equipment and personnel
costs. Staff's discussions with PAL representatives enabled the
original budget request of $161,000 to be reduced to $83,042,
with the remaining amount required to be obtained through in-kind
contributions by the Center's staff and participating parents.
On December 9, 1992, the President of PAL Center submitted a
written request to the Development Department for an eighteen
month extension of their $83,041 grant. The extension request is
due to unforseen delays in processing its Conditional Use Permit
application. On November 1, 1992, PAL's Conditional Use Permit
was approved by the Planning commission with the following
condi tions: 1 l the developer is to submit a complete master
landscape and irrigation plan; and 2) the master landscape and
irrigation plan shall indicate the location of walls and fences
and shall include typical elevations for all proposed walls and
fences and existing repaired and refurbished walls and fences.
22
12/21/92
The above-referenced conditions were re-submitted to
Planning and Building Services, and on December 7, 1992 the re-
submitted plans were approved, thus resulting in the allowance of
permits. In a discussion with the Froject's volunteer architect,
it is estimated that a Notice of Completion would be filed within
one-hundred, twenty days (120) upon the receipt of the approval
to proceed.
The County Department of Economic and Community Development
has already purchased the modular building and the land for the
proposed child care center. The approximate costs for these two
expenditures were $80,000. The County is concerned that the PAL
Center's proposed child care project will not move forward
without the City's grant. The County's assistance with the
project is contingent upon the City's participation. If the
proj ect does not go forward, the County will lay claim to the
modular unit and the land.
Council Member Hernandez made a motion, seconded by Council
Member Maudsley, and unanimously carried, that the Mayor and
Common Council authorize a contract extension to June 30, 1993
for the obligation and expenditure of Provisional Accelerated
Learning Center's (PAL) funding for certain start-up costs
associated with a proposed child care facility and, further, that
PAL submit progress reports to staff monthly as a condition of
said extension.
RES. 92-480 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND
BETWEEN THE CITY OF SAN BERNARDINO AND THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO
REGARDING SUBDIVISION IMPROVEMENTS. (R-7Al
Council Member Hernandez made a motion, seconded by Council
Member Maudsley, that said resolution be adopted.
Resolution No. 92-480 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley,
Minor, Pope-Ludlam, Miller. Nays: None. Absent: None.
RES. 92-481 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO MAKING FINDINGS
AND DETERMINATIONS AS TO THE BENEFIT OF PROVIDING A
CERTAIN LOAN GUARANTEE FOR THE SOUTHEAST INDUSTRIAL
PARK PROJECT AREA OF THE AGENCY. (R-8Cl
Council Member Reilly made a motion, seconded by Council
Member Maudsley, that said resolution be adopted.
~
Resolution No. 92-481 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley,
Minor, Pope-Ludlam, Miller. Nays: None. Absent: None.
23
12/21/92
RES. 92-482 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AMENDMENT NUMBER SEVEN TO THE LOAN
AGREEMENT RELATING TO CENTRAL C:TY PROMENADE. (R-9A & Bl
Council Member Estrada made a motion, seconded by Council
Member Reilly, and unanimously carried, that the Mayor and Common
Council approve Amendment Number Seven to the Loan Agreement and
Supplement Number Seven to the Indenture, provided that Central
City Promenade keep current with its payments to the Department.
RES. 92-483 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF SUPPLEMENTAL NUMBER SEVEN TO THE INDENTURE
RELATING TO CENTRAL CITY PROMENADE. (R-9Cl
Council Member Estrada made a motion, seconded by Council
Member Reilly, that said resolutions be adopted.
Resolution Nos. 92-482
following vote: Ayes:
Hernandez, Maudsley, Minor,
Absent: None.
and 92-483 were adopted
Council Members Estrada,
Pope-Ludlam, Miller. Nays:
by the
Reilly,
None.
PUBLIC HEARING FISCAL YEAR 1992/93
DEVELOPMENT BLOCK GRANT MID-YEAR HEARING
COMMUNITY
(R-lll
This is the time
consider requests for
Development Block Grant
and place set for a
Fiscal Year 1992/93
funds.
public hearing to
Mid-Year Community
In a memorandum dated December 2, 1992, Kenneth J.
Henderson, Executive Director of the Development Department,
stated that Federal regulations require a citizen review and a
Council public hearing prior to consideration, discussion and
approval of newly proposed CDBG funded proj ects. Pursuant to
this, the Community Development Citizen Advisory Committee
(CDCAC) reviewed all funding requests and recommended the Council
approve the projects as submitted.
A majority of the projects propose the repair or renovation
of City-owned community facilities. Each is in harmony with the
National Community Development objective which requires
entitlement communities "to provide for physical improvements in
deteriorating neighborhoods and upgrading of community centers
and parks."
24
12/21/92
Staff has conducted an on-site visit of the identified
pools, community, recreation and senior citizen's facilities to
determine the eligibility of the projects for CDBG funding as
well as the approximate cost to renovate the facilities. The
Centers have been identified as needing varying degrees of
renovation or repair. The work includes such items as bathrooms,
replacement of asphalt, installation or upgrading of exterior
lighting, gymnasium and building flooring. The approximate
costs, determined from the staff review of projects, are adequate
to renovate and carry out the activities as proposed.
The Department of Public Works has proposed installation of
a sewer system along Hardt, Gould and Davisdon between Tippecanoe
and Richardson. Many old and deteriorated septic tanks will be
replaced to provide enhanced health conditions. The City
Administrator's Office has submitted a proposal to increase the
graffiti abatement activities to boost the visual image and
attractiveness of the City.
Improvements to Teddy Bear Tymes Child Care Center, Inc.,
will provide a healthier and safer environment for many low to
moderate income children. Both the Center and Young Women's
Christian Association (YWCA) will benefit from the YWCA's
proposal to repair the roof at its 567 North Sierra Way facility.
The following is a list of the Proposed Amended Statement of
Community Development Objectives and Projected Use of Funds for
Fiscal Year 1992/93 Mid-Year CDBG Grant funds:
City of San Bernardino Department of Parks, Recreation and
Community Services - Boys and Girls Club - $280,000
City of San Bernardino, Department of Parks, Recreation and
Community Services - Ruben Campos Center - $175,000
City of San Bernardino, Department of Parks, Recreation and
Community Services - Delmann Heights Center - $145,000
City of San Bernardino, Department of Parks, Recreation and
Community Services - Rudy Hernandez Center - $205,000
City of San Bernardino, Department of Parks, Recreation and
Community Services - Johnson Community Hall - $190,000
City of San Bernardino, Department of Parks, Recreation and
Community Services - Lytle Creek Center - $100,000
City of San Bernardino, Department of Parks, Recreation and
Community Services - Mill Community Center - $235,000
--
City of San Bernardino, Department of Parks, Recreation and
Community Services - Nicholson Community Center - $57,000
25
12/21/92
City of San Bernardino,
Community Services
$77,000
Department of Parks, Recreation and
Senior Citizen Center Downtown-
City of San Bernardino, Department of Parks, Recreation and
Community Services - Hernandez Pool - $64,655
City of San Bernardino, Department of Parks, Recreation and
Community Services - Mill Pool - $62,798
City of San Bernardino, Department of Parks, Recreation and
Community Services - Delmann Heights Pool - $10,190
City of San Bernardino, Department of Parks, Recreation and
Community Services - Nunez Pool - $11,857
City of San Bernardino, City Administrator's
Graffiti Abatement Program - $124,200
Office-
City of San Bernardino, Department of Public Works - Sewer
System Hardt and Gould - $448,000
Teddy Bear Tymes Child Care Center, Inc. - $23,800
Young Women's Christian Association - $59,020
Chairman Holcomb opened the hearing.
Council Member Hernandez made a motion, seconded by Council
Member Estrada, and unanimously carried, that the hearing be
closed; and that the Mayor and Common Council approve the
requests for CDBG financial assistance in the amount of
$2,268,520 submitted by its Community Development Citizen
Advisory Committee.
PUBLIC HEARING - PARKSIDE MEDICAL CENTER - 2730 NORTH
"E" STREET - PACIFIC STAR DEVELOPMENT, INC. (R-12l
This is the time and place set for a public hearing to
consider the disposition of property known as Parks ide Medical
Center located at 2730 North "E" Street.
In a memorandum dated December 14, 1992, Kenneth J.
Henderson, Executive Director of "he Development Department,
stated that on November 18, 1991, the Community Development
Commission authorized staff to purchase the 66,000 square foot
property located at 2730 North "E" Street. Subsequent to the
acquisition of this property, staff was then authorized to
demolish the existing Parks ide Medical Office building and sell
26
12/21/92
approximately 30,000 square feet of the property to the City
Water Department. By acquiring the subject property, the Agency
is now able to facilitate development of a high quality single-
family affordable housing project to complement the surrounding
residential neighborhood.
The Agency has received an offer from Pacific Star
Development, Inc., to purchase said property for the sum of
$142,000. This offer is based on the proposed development of a
ten lot residential subdivision, consisting of three homes of
1267 square feet, three homes of 1300 square feet, and four homes
of 1358 square feet. Once constructed, it is anticipated that
the homes would be sold at a price between $114,000 and $119,900.
The developer would also be required to complete the necessary
street improvements, including full street width paving on Acacia
Avenue, and installation of curbs, gutters, sidewalks and street
lights, as well as 300 feet of sewer mainline.
RES. 92-484 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A
CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AND PACIFIC STAR DEVELOPMENT, INC., A
CALIFORNIA CORPORATION PERTAINING TO THE DEVELOPMENT OF
A LOW AND MODERATE INCOME HOUSING PROJECT. (R-12l
Chairman Holcomb opened the hearing.
Council Member Minor made a motion,
Member Hernandez, and unanimously carried,
closed.
seconded by Council
that the hearing be
Council Member Minor made a motion, seconded by Council
Member Reilly, that said resolution be adopted.
Resolution No. 92-484 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley,
Minor, Pope-Ludlam, Miller. Nays: None. Absent: None.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF A GRANT DEED CONVEYING CERTAIN
PROPERTY LOCATED ON THE NORTH SIDE OF FOURTH STREET,
BETWEEN "E" STREET AND "D" STREET, TO THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO; AUTHORIZING THE
EXECUTION OF THE PERTINENT ESCROW INSTRUCTIONS AND
AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH
SAID REDEVELOPMENT AGENCY AND AUTHORIZING PAYMENT
THEREFOR. (Continued to later in the meeting. See Page
29) (RS-3El
27
12/21/92
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO MAKING FINDINGS AND DETERMINATIONS AS
TO THE BENEFIT OF UNDERTAKING CERTAIN BLIGHT REDUCING
ACTIVITIES FOR THE SOUTHEAST INDUSTRIAL PARK
REDEVELOPMENT PROJECT AREA AND THE CENTRAL CITY NORTH
REDEVELOPMENT PROJECT AREA OF THE AGENCY. (Continued to
later in the meeting. See page 29) (RS-3Fl
Barbara Lindseth, Finance Officer for the Economic
Development Department, answered questions regarding the
appraisal value of the existing Police Department building and
the type of funds the Agency would use for the acquisition.
Discussion ensued
appraiser's report.
regarding
the
differences
in
the
Council Member Estrada made a motion, seconded by Council
Member Hernandez, and unanimously carried, that said resolutions
be continued to the afternoon session so that staff can provide
information regarding the identity of the appraisers.
COUNCIL MEMBER
At 12:10 p.m.,
meeting.
POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council
RECESS MEETING
At 12:12 p.m., the regular meeting of the Mayor and Common
Council and Community Development Commission 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., 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 Rachel Clark with the
following being present: Mayor Holcomb; Council Members Reilly,
Hernandez, Maudsley, Minor, Miller; Deputy City Attorney Empeno,
City Clerk Rachel Clark. Absent: Council Members Estrada, Pope-
Ludlam; City Administrator Shauna Clark.
COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING
At 2:03 p.m., Chairman Holcomb called the Community
Development Commission to order in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
28
12/21/92
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF A GRANT DEED CONVEYING CERTAIN
PROPERTY LOCATED ON THE NORTH SIDE OF FOURTH STREET,
BETWEEN "E" STREET AND "D" STREET, TO THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO; AUTHORIZING THE
EXECUTION OF THE PERTINENT ESCROW INSTRUCTIONS AND
AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH
SAID REDEVELOPMENT AGENCY AND AUTHORIZING PAYMENT
THEREFOR. (Continued from earlier in the meeting. See
Page 27) (RS-3El
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO MAKING FINDINGS AND DETERMINATIONS AS
TO THE BENEFIT OF UNDERTAKING CERTAIN BLIGHT REDUCING
ACTIVITIES FOR THE SOUTHEAST INDUSTRIAL PARK
REDEVELOPMENT PROJECT AREA AND THE CENTRAL CITY NORTH
REDEVELOPMENT PROJECT AREA OF THE AGENCY. (Continued
from earlier in the meeting. See page 28) (RS-3Fl
Council Member Reilly made a motion, seconded by Council
Member Miller, and unanimously carried, that the resolutions
authorizing acquisition of the Police Headquarters building at
466 West Fourth Street be continued to January 11, 1993 in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
COUNCIL MEMBER
At 2: 04 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 PORTION OF
VARIANCE NO. 92-20 - POLE SIGN - 950 SOUTH "E" STREET-
QUIEL BROS. SIGNS & SERVICE - JOSE J. JARA - CONTINUED
FROM DECEMBER 7, 1992 (40l
This is the time and place continued to for an appeal of the
Planning Commission's denial of a portion of Variance No. 92-20
to construct a 137.5 square foot, 45 foot high double pole sign
at 950 South "E" Street, San Bernardino, California. The
applicant is Quiel Bros. Signs & Service on behalf of Jose J.
Jara.
In a memorandum dated December 11, 1992, Al Boughey,
Director of Planning and Building Services, stated that the
applicant requested a variance to Development Code Sections
19.22.060 and 19.22.150 to allow an 80 square foot roof sign; an
115.5 square foot, 25 foot high, freestanding single pole sign;
and an 137.5 square foot, 45 foot high, freestanding double pole
sign in conjunction with an existing fast-food restaurant in the
CG-l, Land Use Zoning District on property located at 950 South
liE" Street.
29
12/21/92
On December 7, 1992, the Mayor and Council heard and
considered the appeal by the applicant on Variance Case No. 92-
12, to allow a 45 foot high, double pole sign at an existing
fast-food restaurant. The Planning Commission had denied the
requested 45 foot high, double pole sign but approved the two
other proposed signs. The Mayor and Council voted to uphold the
appeal and approve, in concept, the request for the 45 foot high,
double pole sign. The Council further directed staff to prepare
appropriate findings of fact to support its determination.
Mayor Holcomb opened the hearing.
Council Member Miller made a motion, seconded by Council
Member Maudsley, that the appeal be upheld and the request for an
137.5 square foot, 45 foot high, double pole sign be approved
based on the findings of fact and subject to the conditions of
approval.
The motion carried by the fol:owing vote: Ayes:
Members Reilly, Hernandez, Maudsley, Pope-Ludlam, Miller.
Council Member Minor. Absent: Council Member Estrada.
Council
Nays:
APPROVE IN CONCEPT -
BRANCH LIBRARY SITE
FACILITY
VEHICULAR
SINGLE
ACCESS ACROSS FELDHEYM
ROOM OCCUPANCY (SRO)
(41l
In a memorandum dated December 10, 1992, Al Boughey,
Director of Planning & Building Services, stated that a 271 unit
Single Room Occupancy (SRO) Facility is proposed by Larcon
Development, Inc., on the northwest corner of the intersection of
5th Street and "E" Street. The site is located in a CR-2 land
use zoning district and requires a conditional use permit which
has been filed and is awaiting a public hearing before the
Planning Commission.
Vehicular access to the project's garage will be through the
Feldheym Library site which lies adjacent to the north of the
subject site. Approximately five parking spaces in the library
parking lot will have to be removed; and the garage will lie
below grade beneath four residential stories of the SRO Facility.
Bob Ewing, City Librarian, voiced concerns that the Library
would lose parking spaces; the residents of the SRO Facility may
choose to park in the library lot because plans only allow 49
spaces for over 359 people; retail stores on "E" Street may also
choose to use the 1 ibrary lot; and the proj ect would provide
additional traffic congestion on "E" Street and the driveway to
the Library's parking lot.
30
12/21/92
city Librarian Ewing stated that the Library Board expressed
a desire to see the SRO Facility entrance on 5th street towards
the front of the building. This arrangement would put people at
the lobby instead of at the rear of the building and would not
disturb either the parking places or entrance.
council members expressed concern regarding the additional
impact of traffic congestion on "E" street; and the possibility
of acquiring additional parking spaces from the Chamber of
Commerce.
Jeff Wright, P. O. Box 2341, San Bernardino, objected to the
parking arrangements for the proposed SRO Facility; and stated
that the plans should be redesigned.
council Member Hernandez made a motion, seconded by Council
Member Reilly, that the Mayor and Common Council approve, ~n
concept, the vehicular access for the SRO Facility across the
Feldheym Library site as proposed by Larcon Development, Inc.
The motion carried by the following vote: Ayes:
Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam.
Council Member Miller. Absent: Council Member Estrada.
Council
Nays:
~
PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 92-06,
TENTATIVE TRACT NO. 15407 - CHANGE LAND USE DESIGNATION
FROM RL, RESIDENTIAL LOW TO RS, RESIDENTIAL SUBURBAN-
110 SINGLE-FAMILY SUBDIVISION IRVINGTON AVENUE &
OLIVE AVENUE - SIERRA ENGINEERING (42)
In a memorandum dated December 3, 1992, Al Boughey, Director
of Planning & Building Services, stated that the applicant
requests an amendment to the General Plan Land Use Plan to
change the designation from RL, Residential Low, to RS,
Residential Suburban, on approximately 30.59 acres of land
located at the southeast corner on the south side of Irvington
Avenue, between Olive Avenue and Walnut Avenue, directly north of
the Cable Creek Flood Control Channel. Staff proposes to
increase the amendment area by approximately 2.65 acres to
include 16 parcels bordering the western periphery of the subject
property.
Concurrently, and contingent upon adoption of General Plan
Amendment No. 92-06, the applicant requests approval of Tentative
Tract No. 15407, to establish a residential subdivision
consisting of 110 single-family lots and 3.2 acres of open space.
On June 18, 1992, the Environmental Review Committee
reviewed two Initial Studies, separately evaluating the proposed
RS designation and the proposed subdivision and recommended
negative declarations for both requests.
-~
31
12/21/92
The planning Commission held a public hearing on November 4,
1992. No one was present to speak in opposition to the proposal.
The Planning Commission placed a motion on the consent calendar
to approve General Plan Amendment and Tentative Tract No. 15407.
The Commission voted to recommend adoption of the negative
declaration and approval of General Plan Amendment No. 92-06 and
Tentative Tract No. 15407.
RESOLUTION OF THE CITY
NEGATIVE DECLARATION
ADOPTING GENERAL PLAN
GENERAL PLAN OF THE CITY
OF SAN BERNARDINO ADOPTING THE
OF ENVIRONMENTAL IMPACT AND
AMENDMENT NO. 92-06 TO THE
OF SAN BERNARDINO. (42)
Mayor Holcomb opened the hearing.
Council Member Reilly made a motion, seconded by Council
Member Maudsley, that the hearing be closed.
The motion carried by the following vote: Ayes:
Member Reilly, Hernandez, Minor, Pope-Ludlam, Miller.
Council Member Maudsley. Absent: Council Member Estrada.
Council
Nays:
COUNCIL MEMBER ESTRADA RETURNED
At 2:15 p.m., Council Member Estrada returned to the Council
meeting and took her place at the council table.
~~
Council Member Reilly made a motion, seconded by Council
Member Hernandez, that said resolution be adopted; and that the
negative declaration be adopted and Tentative Tract No. 15407, be
approved.
The Council voiced concern that the proposed change in the
land use designation would increase the density causing the
project to be incompatible with the neighborhood.
The motion failed by
Members Reilly, Hernandez,
Maudsley, Minor, Miller.
Absent: None.
the following vote:
pope-Ludlam. Nays:
Abstain: Council
Ayes: Council
Council Members
Member Estrada.
SR. ASSISTANT CITY ATTORNEY BARLOW RETURNED
Sr. Assistant city Attorney Barlow returned to the Council
meeting and replaced Deputy City Attorney Empeno.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTIONS 3.04.010, 3.04.020, 3.04.050, 3.04.070(Il,
AND 3.04.080, AND ADDING SECTIONS 3.04.085, AND
3.04.120 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING
TO PURCHASING. (S-1A)
-~
32
12/21/92
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTIONS 3.04.010, 3.04.020, 3.04.050, 3.04.070(Il, AND
3.04.080, AND ADDING SECTIONS 3.04.085, 3.04.115, AND
3.04.120 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING
TO PURCHASING. (S-18)
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTIONS 3.04.010, 3.04.020, 3.04.050, 3.04.070(1), AND
3.04.080, AND ADDING SECTIONS 3.04.085, 3.04.115 AND
3.04.120 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING
TO PURCHASING. (S-1C)
Senior Assistant City Attorney Barlow explained the
differences between the three versions of the proposed ordinance
relating to purchasing; and answered questions regarding the
proposed ordinance alternatives.
Mayor Holcomb pointed out that for many years, the city has
worked under the assumption that the City Administrator had
authority to set forth the fees for purchase orders.
Council Member Minor made a motion, seconded by Council
Member Hernandez, that the ordinance identified on the agenda as
"c" be laid over for final adoption.
The motion carried by the following vote: Ayes: Council
Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam.
Nays: Council Member Miller. Absent: None.
RES. 92-485 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
INLAND EMPIRE OPERA ALLIANCE FOR THE PROMOTION OF ARTS
AND CULTURE. (S-2)
RES. 92-486 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
JUNIOR UNIVERSITY FOR THE PROMOTION OF ARTS AND
CULTURE. (S-3)
Council Member Estrada made a motion, seconded by Council
Member Hernandez, that said resolutions be adopted.
Resolution Nos. 92-485
following vote: Ayes:
Hernandez, Maudsley, Minor,
Absent: None.
and 92-486 were adopted
Council Members Estrada,
Pope-Ludlam, Miller. Nays:
by the
Reilly,
None.
33
12/21/92
ESTABLISH NEW POSITION - ASSISTANT DIRECTOR OF PUBLIC
SERVICES - PUBLIC SERVICES DEPARTMENT (S-4)
In a memorandum dated December 16, 1992, Barbara Dillon,
Director of Personnel, stated that Shauna Clark, City
Administrator, requested that the Personnel Department conduct a
study for the proposed new position of Assistant Director of
Public Services. The study involved a salary survey and
development of a new job description. This position would assist
the department director with various aspects of planning,
organizing and administering all programs of the Public Services
Department, including street and sewer maintenance, refuse
collection and disposal, street trees and abatement, and
fleet/garage operations. Seventeen jurisdictions were surveyed.
Of the twelve responses received, two cities had a similar
position. Salaries ranged from $4,494/month to $6,420/month.
Council Member Hernandez made a motion, seconded by Council
Member Miller, and unanimously carried, that the new position of
Assistant Director of Public Services, Range 4404, $5,212-
$6,336/month, be established in the Public Services Department;
and that the Personnel Department update Resolution 6413, section
14, and Resolution 6433 to reflect this particular action.
DISCUSS AND TAKE POSSIBLE ACTION INLAND VALLEY
DEVELOPMENT AGENCY AND SAN BERNARDINO INTERNATIONAL
AIRPORT AUTHORITY REPRESENTATION - MAYOR HOLCOMB (S-5)
In an undated memorandum, Mayor W. R. Holcomb
that a discussion be held and possible action be taken
actions by the Inland Valley Development Agency (IVDAl
San Bernardino International Airport Authority
representatives.
requested
regarding
and the
(SBIAAl
Council Member Reilly requested that Mayor Holcomb consider
withdrawing this item from the agenda.
CITY ATTORNEY PENMAN ARRIVED
At 2:23 p.m., city Attorney Penman arrived at the Council
meeting and replaced Senior Assistant City Attorney Barlow.
Mayor Holcomb presented background information concerning
the creation of the Inland Valley Development Agency (IVDA),
which was formed to determine the use of Norton Air Force Base.
The cities of San Bernardino, Highland, Redlands, Loma Linda, and
Colton were invited to join the regional body which formed a
joint powers agency. However, the cities of Highland and
Redlands decided not to join the regional body and filed a
lawsuit. An agreement was reached with the cities of Highland
and Redlands to form an airport authority. The settlement
agreement provided that tax increment funds received on the
unincorporated areas located southeasterly of Norton Air Force
34
12/21/92
Base not be used to defer administrative costs of the Inland
Valley Development Agency, or be used for any improvements in
infrastructure on the Base or anywhere in the IVDA project area.
It is proposed that the settlement agreement will provide all the
infrastructure necessary to develop a regional shopping center.
Mayor Holcomb voiced concern regarding the structure of the
Airport Authority; the difficulties of obtaining information on
the Authority on a regular basis; and possible conflict of
interest of members serving on the Airport Authority.
Council Member Hernandez made a motion, seconded by Council
Member Maudsley, that Council Member Estrada be removed from the
San Bernardino International Airport Authority; and that Council
Member Estrada and Council Member Miller be removed from the
Inland Valley Development Agency Board. (Note: There was no
vote taken at this timel .
/.-
Council Member Estrada read a statement concerning her
involvement with the Airport Authority and the Inland Valley
Development Agency relative to the reuse of Norton Air Force
Base. She stated that while serving on three different bodies:
the Norton Economic Extension Committee, the Inland Valley
Development Agency, and the San Bernardino International Airport
Authority, she has attempted to address issues from the public
interest standpoint.
Council Member Estrada explained that during the first
couple of years, information was being compiled to create a
financing vehicle for the project. As a result, the joint powers
authority was created to assist with the conversion of Norton Air
Force Base into a successful economic development project.
During the past two years, the Cities of Redlands and Highland
filed a lawsuit against the jOlnt powers authority. The
settlement hinged on several key issues: 1) that there be no
opposition from the IVDA concerning the annexation of the
unincorporated areas (donuthole) by the City of Redlands; 2) that
the creation of a separate airport authority include the Cities
of Redlands and Highland.
Tim Sabo, Agency Counsel, answered questions concerning tax
increment funds received from the unincorporated (donuthole)
area; the terms of the annexation agreement with the City of
Redlands; and the purpose of creating separate entities for the
Inland Valley Development Agency and the San Bernardino
International Airport Authority.
Jeff Wright, P. o.
inclusion of Redlands
Bernardino International
2341, San Bernardino, CA,
and Highland as members
Airport Authority.
supported the
to the San
35
12/21/92
The motion carried by the following vote:
Members Hernandez, Maudsley, Minor, Pope-Ludlam.
Members Estrada, Reilly, Miller. Absent: None.
Ayes:
Nays:
Council
Council
Council Member Maudsley made a motion, seconded by Council
Member Pope-Ludlam, that Council Member Ralph Hernandez and
Council Member Tom Minor be appointed to serve on the Inland
Valley Development Agency (IVDA) Board.
The motion carried by the following vote: Ayes:
Members Estrada, Hernandez, Maudsley, Minor, Pope-Ludlam.
Council Members Reilly, Miller. Absent: None.
Council
Nays:
Council Member Maudsley made a motion, seconded by
Member Hernandez, to appoint Mayor W. R. "Bob" Holcomb
City's representative to the San Bernardino International
Authority.
Council
as the
Airport
Wallace
Bernardino,
appointed to
Allen of Westside Story, and resident of San
CA, voiced his support of Mayor Holcomb being
the San Bernardino International Airport Authority.
The motion
Members Reilly,
Council Members
carried by the following vote: Ayes:
Hernandez, Maudsley, Minor, Pope-Ludlam.
Estrada, Miller. Absent: None.
Council
Nays:
-0
TRANSFER FUNDS $15,000 STORM DRAINAGE
RIALTO AVENUE, LOVE LANE AND CHESTNUT
DISCUSSED LATER IN THE MEETING. SEE PAGE 40
PROBLEMS-
AVENUE-
(S-6)
In a memorandum dated December 16, 1992, Roger G. Hardgrave,
Director of Public Works/City Engineer, stated that minor storm
drainage problems were experienced at three locations during the
recent rain storm.
Rialto Avenue - Storm water drains along the north curb to a
sump east of Meridian Avenue. A catch basin has been constructed
in the gutter. Storm water collected in the basin drains across
Rialto Avenue in a 12-inch pipe. The storm water then flows in a
southwesterly direction to the Flood Control District Channel
along the north side of the Santa Fe Railway. The system is
inadequate to handle the storm water that flows to the sump,
which results in storm water backing up onto the front yards of
the adjoining residences. Staff proposes to remove the existing
grated catch basin and install a normal side opening catch basin,
remove a portion of the bubbler structure south wall, and grade a
dirt swale, on a minimum grade of 1% ~, to daylight. There is no
public drainage easement across the property on the south side of
Rialto Avenue.
36
12/21/92
Love Lane. at Pepper Drive - Storm water, in the concrete
lined channel along the side of Love Lane, flows into a junction
structure, and then southerly in a storm drain installed by the
adjoining multi-family development. A trash rack was installed
at the entrance to the junction structure. Whenever trash builds
up on this rack, some of the storm water flow is diverted into
Love Lane, and then drains on to the parcel on the west side of
Pepper Drive. It is proposed that a barrier along a short
section of the channel be installed, to preclude storm water
being diverted to Love Lane whenever trash accumulates on the
rack.
Chestnut Avenue Storm Drain Svstem - One of the conditions
of approval, in the Streambed Alteration Agreement with the
California Department of Fish and Game, was that a 24-inch pipe
be installed to convey low flows from the debris basin to the
natural stream. The reason for this requirement was to continue
irrigation of the native vegetation along the streambed.
However, during the recent storms, it was discovered that the 24-
inch pipe discharged a sufficient quality of storm water to cause
minor mud flows to Belmont Avenue. Staff has discussed diverting
about 85% of the flow from the 24-inch storm drain into the main
pipe with Fish & Game. They have indicated their concurrence,
and the City is in the process of submitting an application to
amend the Streambed Alteration Agreement. Under this proposal, a
manhole will be installed over the 24-inch storm drain. Another
24-inch drain will be installed to connect into the main pipe. A
baffle will be installed in the manhole to divert about 85% of
the flow into the main pipe.
The total estimated cost
as follows: Rialto Avenue
Chestnut Avenue - $8,000.
for these proposed improvements is
$6,500; Love Lane $500; and
Council Member Pope-Ludlam made a motion, that the transfer
of $15,000, from the available balance in Account No. 248-368-
57809, "Northpark - "F" Street to Mayfield, n to Account No. 248-
368-57885, "Drainage Problems 3 Locations," be approved; and
that the Director of Public Works/City Engineer be authorized to
advertise for bids.
The motion failed for lack of a second.
A discussion was held regarding emergency storm drain
repairs needed on Chestnut Avenue Storm Drain System.
City Administrator Clark suggested that the Council approve
the necessary funds to make repairs to the Chestnut Storm Drain
System and continue the remaining projects until another funding
source can be identified.
37
12/21/92
Council Member
Council approve the
Chestnut Storm Drain
Minor made
necessary
System.
a substitute motion, that the
funds to finance repairs to the
The motion failed for lack of a second.
*Note: It was the consensus of the Council that this item
be continued until later in the afternoon so that Roger
Hardgrave, Director of Public Works/City Engineer, could be
present to answer questions.
ESTABLISH ASSESSMENT DISTRICT
STERLING AVENUE, FROM FOOTHILL DRIVE
ROAD - AUTHORIZATION TO PROCEED
CONSTRUCTION OF
TO DALEY CANYON
(NEW BUSINESSl
Council Member Hernandez made a motion, seconded by Council
Member Pope-Ludlam, that the matter relative to the establishment
of an assessment district for construction of Sterling Avenue,
from Foothill Drive to Daley Canyon Road, arose subsequent to the
posting of the Council's agenda.
The motion carried by the following vote: Ayes:
Members Estrada, Reilly, Hernandez, Minor, Pope-Ludlam.
Council Members Maudsley, Miller. Absent: None.
Council
Nays:
In a memorandum dated December 18, 1992, Roger G. Hardgrave,
Director of Public Works/City Engineer, stated that Tentative
Tract No. 11857 was conditioned to construct Sterling Avenue,
from Foothill Drive to Daley Canyon Road. Street improvement
plans were prepared and the right-of-way dedicated. The City of
San Bernardino has plans to install a water transmission line
wi thin this section of Sterling Avenue. The East Valley Water
District is in the process of constructing a water storage tank,
and a water transmission line within the Sterling Avenue right-
of-way. Sterling Avenue will provide access to the water storage
tank.
The owners of the parcel, west of Sterling Avenue (The
Tahiti Group) and northwest of the intersection of Sterling
Avenue and Daley Canyon Road (Warner and Aaron Hodgdon), are in
favor of having this main entrance to their developments
constructed at this time.
The City Water Department is the owner of the parcel to the
east of Sterling Avenue. The Board of Water Commissioners has
indicated their support of construction of this street.
An understanding has been reached between the three property
owners to proceed with the construction of Sterling Avenue. It
is proposed that the construction costs be financed with a loan
from EDA, and the completed street improvements acquired by the
38
12/21/92
assessment. Each of the three property owners would be assessed
for 1/3 of the total costs, less any participation by the East
Valley Water District.
Permits will need to be obtained
Engineers and California Department
preliminary estimated cost for the
Avenue is $500,000.
from the U.S. Army Corps of
of Fish and Game. The
construction of Sterling
City Attorney Penman expressed concern that it would be
premature for the City to proceed with the establishment of an
assessment district until all questions have been resolved. He
stated that there are concerns that a riparian stream exists on
the site; that the project be reviewed by the Development Review
Committee (DRC); and that proper notification be made to all
neighboring residents or property owners. He stated that the
Attorney General's Office is conducting an investigation
concerning the removal of certain trees from the site where the
proposed assessment district is to be created; and that the
Attorney General's Office is expected to decide on the matter by
the end of next month.
Mayor Holcomb stressed the need for the developer to proceed
with the project and obtain funds to complete the construction.
Roger Hardgrave, Director of Public Works/City Engineer,
answered questions and stated it would take approximately three
months to create an assessment district.
Mayor Holcomb pointed out that East Valley Water District
will pay part of the costs to construct the road, and if the City
delays the process to establish the assessment district, the City
might incur extra costs in protect ing their right -of -way. He
stated that if the environmental impact report is negative the
project can be aborted.
Council Member Miller made a motion, that the matter be
referred to the Legislative Review Committee.
The motion failed for lack of a second.
A discussion was held relative to the removal of the
Sycamore trees located at the site.
~
City Attorney Penman advised that if the proposal to
establish an assessment district is approved, and the trees were
determined to be of no particular significance to the project,
the Council would be reversing its previous action. He stated
that the Fish and Game Department would oppose the project and
the Attorney General's Office would file a lawsuit against the
City, if the City proceeded with the assessment district without
going through the environmental impact review process.
39
12/21/92
Council Member Pope-Ludlam made a motion, seconded by
Council Member Maudsley, that the City Clerk and City Engineer be
directed to proceed with the establishment of an assessment
district for construction of Sterling Avenue, from Foothill Drive
to Daley Canyon Road. (Note: There was no vote taken on this
motion)
Jeff Wright, P.O. Box 2341, San Bernardino, CA, voiced his
support of continuing the matter for two weeks.
City Attorney Penman stated that there is additional
information concerning the Attorney General's investigation that
is unavailable but will become available when the investigation
is complete.
Council Member Reilly made a substitute motion, seconded by
Council Member Estrada, that the establishment of an assessment
district for construction of Sterling Avenue, from Foothill Drive
to Daley Canyon Road be continued to January 11, 1993, in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
The motion carried by the following vote:
Members Estrada, Reilly, Maudsley, Minor, Miller.
Members Hernandez, Pope-Ludlam. Absent: None.
Ayes:
Nays:
Council
Council
TRANSFER FUNDS - $15,000 - STORM DRAINAGE PROBLEMS ON
RIALTO AVENUE, LOVE LANE AND CHESTNUT AVENUE-
CONTINUED FROM EARLIER IN THE MEETING. SEE PAGE 36
(S-6l
This is the time and place continued to from earlier in the
meeting to consider transferring $15,000 to repair storm drainage
problems on Rial to Avenue, Love Lane and Chestnut Avenue. The
matter was continued to allow Roger Hardgrave, Director of Public
Works/City Engineer, to be present to answer questions of the
Council.
Roger Hardgrave, Director of Public Works/City Engineer,
answered questions and stated that due to the heavy rainstorms,
minor flooding has occurred and repairs to the storm drains are
necessary.
A discussion was held regarding the Sepulveda Storm Drain
Account and when the expended funds would be replenished.
COUNCIL MEMBER MILLER EXCUSED
At 3:43 p.m., Council Member Miller left the Council
meeting.
40
12/21/92
council Member Minor made a motion, seconded by Council
Member Pope-Ludlam, that the transfer of $15,000, from the
available balance in Account No. 248-368-57809, "Northpark - "F"
street to Mayfield," to Account No. 248-368-57885, "Drainage
Problems - 3 Locations," be approved; and that the Director of
Public Works/City Engineer be authorized to advertise for bids.
The motion carried,
Members Estrada, Reilly,
Council Member Maudsley.
by the following vote: Ayes:
Hernandez, Minor, Pope-Ludlam.
Absent: Council Member Miller.
council
Nays:
RECESS MEETING - CLOSED SESSION (1)
At 3: 45 p. m., the regular meeting of the Mayor and Common
Council recessed to closed session for the following:
a. to confer with the attorney regarding pending
litigation pursuant to Government Code section
54956.9(b) (ll, as there is significant exposure to
litigation;
b. based on existing facts and circumstances, set out
below, the city Council is meeting only to decide
whether a closed session is authorized pursuant to
California Government Code section 54956.9(b) (2l;
c.
to confer with the attorney regarding
litigation pursuant to Government Code
54956.9(C), so that Council/Commission may
whether to initiate litigation;
pending
section
decide
d. to consider personnel matters pursuant to Government
Code section 54957;
e. to consider 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;
f. to give instruction to the City's/commission's
negotiator on the purchase of property pursuant to
Government Code section 54956.8. The real property
which the negotiations concern is generally located at
The identity of each person
with whom negotiations are authorized is:
;
g.
to meet with an applicant for a
applicant's attorney pursuant
Section 54956.7;
City license and the
to Government Code
41
12/21/92
h. to confer with the attorney regarding pending
litigation which has been initiated formally to which
the City is a party to pursuant to Government Code
section 54956.9(al as follows:
stubblefield Construction Company. et al vs. citv of San
Bernardino. et al - San Bernardino Superior Court Case No.
242998; San Bernardino superior Court Case No. 252058;
city of San Bernardino vs. Libertv Cable T.V.. et al-
united States District Court Case No. 82-6876 WMB;
citv of San Bernardino vs. Countv of San Bernardino. et al-
Riverside Superior Court Case No. 207900;
Tomas Armendariz. et al vs. James F. Penman. et al. - United
States District Court Case No. 91-5757;
Guardian Bank vs. James F. Penman. et al - united States
District Court Case No. 92-4415 WDK (Exl;
Guardian Bank vs. James F. Penman. et al - San Bernardino
County Superior Court Case No. 272631;
citv of San Bernardino vs. Chambers Cable - San Bernardino
Superior Court Case No. 264793;
Tomas Armendariz. et al vs. James F. Penman. et al - San
Bernardino Trial Court Case No. 271093;
Jov Revnolds vs. John Hancock/Citv - San Bernardino Superior
Court Case No. 260458;
Brenn vs. Hernandez/City
Court Case No. 263047;
San Bernardino Municipal
Kranyac vs. Countv/City - united states District Court
Case No. SACV 91-400 GLT;
Martv Morqan vs. City of San Bernardino - San Bernardino
Superior Court Case No. 273033;
Marqaret McNeil vs. city of San Bernardino - San Bernardino
Superior Court Case No. 274626;
Ron Schinskv vs. citv of San Bernardino et al San
Bernardino Superior Court Case No. 276194;
Lisa Acevedo vs. city of San Bernardino et al San
Bernardino Superior Court Case No. 270154;
42
12/21/92
state Farm vs. Cidwell - San Bernardino Municipal Court Case
No. 150489.
CLOSED SESSION
At 3:45 p.m., Mayor Holcomb called the closed session to
order in the conference room of the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
ROLL CALL
The roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Holcomb; Council Members Estrada,
Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam; City Attorney
Penman, City Clerk Rachel Clark. Absent: Council Member Miller;
City Administrator Shauna Clark.
Also present: J. Lorraine Velarde, Executive Assistant to
the Mayor; Phil Arvizo, Executive Assistant to the Council.
ADJOURN CLOSED SESSION
At 3:59 p.m., the closed session adjourned to the regular
meeting of the Mayor and Common Council of the City of San
Bernardino.
RECONVENE MEETING
At 4:00 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 Estrada, Reilly, Hernandez, Maudsley,
Minor, Pope-Ludlam; City Attorney Penman, City Clerk Rachel
Clark. Absent: Council Member Miller; City Administrator Shauna
Clark.
ADJOURNMENT
At 4: 00 p.m., the regular meeting of the
Council adjourned to Monday, January 11, 1993,
the Council Chambers of City Hall, 300 North
Bernardino, California.
(43)
Mayor and Common
at 8:30 a.m., in
"D" Street, San
RACHEL CLARK
City Clerk
By2~..~
Diane Jo~nes, Deputy City Clerk
No. of Hours: 6 hrs.
No. of Items: 71
43
12/21/92