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HomeMy WebLinkAbout12-07-1992 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING DECEMBER 7, 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 8:35 a.m., Monday, December 7, 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, Minor, Miller; city Attorney Penman, city Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Estrada, Maudsley, Pope-Ludlam. City Attorney Penman announced that the following additional cases would be discussed in closed session: Jenkins vs. citv of San Bernardino - San Bernardino Superior Court Case No. 253086; County of San Bernardino vs. city of San Bernardino- Riverside Superior Court Case No. 224288; Ardith Wilson vs. San Bernardino Countv School District- San Bernardino Superior Court Case No. 253086. RECESS MEETING - CLOSED SESSION (1 & S-5) At 8:35 a.m. the Mayor and Common Council and Community Development Commission recessed to closed session for the following: a. to confer with the attorney regarding pending litigation pursuant to Government Code section 54956.9(b) (1), as there is significant exposure to litigation; 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); 12/7 /92 1 ~ c. to confer with the attorney regarding litigation pursuant to Government Code 54956.9(cl, 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 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 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: Stubblef ield Construction Comoanv. et al vs. ci tv of San Bernardino. et al - San Bernardino superior Court Case No. 242998; San Bernardino Superior Court Case No. 252058; 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 (Ex); 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; 2 12/7 /92 Tomas Armendariz. et al vs. James F. Penman. et al - San Bernardino Trial Court Case No. 271093; Brenda Anderson vs. city of San Bernardino - San Bernardino Superior Court Case No. 243039; Dennev vs. citv of San Bernardino - San Bernardino Superior Court Case No. 273800; Arias vs. citv of San Bernardino - San Bernardino Superior Court - Case No. 265352; Brenn vs. Hernandez/City - San Bernardino Municipal Court Case No. 263047; citv of San Bernardino vs. Elvoid - San Bernardino Superior Court Case No. 265131; DeVries vs. citv of San Bernardino - San Bernardino Superior Court Case No. 261909; Faso vs. citv of San Bernardino - San Bernardino Superior Court Case No. 272068; Foo vs. Penman. et al - united States District Court Case No. CV 91-3056; Patel vs. Penman. et al - united States District Court Case No. CV 91-1420; Sharon McGill/Crain vs. citv of San Bernardino San Bernardino Superior Court Case No. 229990; Dennv vs. Central citv Mall - San Bernardino Superior Court Case No. 273800; Lines vs. city of San Bernardino - San Bernardino Superior Court Case No. 221289; Alston vs. citv of San Bernardino - united States District Court Case No. CV 90-0012 WJR; oasis Palms vs. citv of San Bernardino District Court Case No. SACV 91-616 AHS; uni ted States Austin vs. citv of San Bernardino - San Bernardino superior Court Case No. 244375; Kranvac vs. Countv/Citv of San Bernardino - United States District Court Case No. SACV 91-400 GLT; 3 12/7 /92 DeNavarette vs. city of San Bernardino Superior Court Case No. 257365; San Bernardino DeCarvalho vs. Huntoon/Citv of San Bernardino San Bernardino Superior Court Case No. 268323; Saab vs. citv of San Bernardino - San Bernardino Superior Court Case No. 234561; Shafe vs. ICON/citv of San Bernardino Superior Court Case No. 251025; San Bernardino Aaron smith vs. Bland/Citv of San Bernardino San Bernardino Municipal Court Case No. 145957; Clifford Smith vs. Revnolds/Citv of San Bernardino - San Bernardino Municipal Court Case No. 145956; Brenda Walker vs. citv of San Bernardino - united States District Court Case No. CV 91-5239 WRP (Jrx). CLOSED SESSION At 8:35 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, Minor, Miller; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Estrada, Maudsley, Pope-Ludlam. Also present: Margaret Scroggin, Attorney's Office. Senior Assistant City Attorney Morillo, and Administrative Operations Supervisor, city COUNCIL MEMBER At 8:38 a.m., closed session. POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the COUNCIL MEMBER ESTRADA ARRIVED At 9:05 a.m., Council Member Estrada arrived at the closed session. COUNCIL MEMBER HERNANDEZ EXCUSED At 9: 06 a. m., Council Member Hernandez left the closed session. DEPUTY CITY ATTORNEY SIMMONS ARRIVED At 9:09 a.m., Deputy City Attorney Simmons arrived at the closed session. 4 12/7 /92 COUNCIL MEMBER MAUDSLEY ARRIVED At 9:11 a.m., Council Member Maudsley arrived at the closed session. DEPUTY CITY ATTORNEY ROTH ARRIVED At 9:11 a.m., Deputy City Attorney Roth arrived at the closed session. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Vale read the titles of all the resolutions and ordinances on the regular, supplemental, and Community Development Commission agendas while the Council was in closed session. ADJOURN CLOSED SESSION At 9: 16 a. m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 9:32 a.m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by city Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant city Attorney Barlow, city Clerk Rachel Clark, city Administrator Shauna Clark. Absent: Council Member Estrada. INVOCATION The invocation was given by Phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Hernandez. PROCLAMATION NATIONAL DRUNK & PREVENTION MONTH - DECEMBER 1992 DRUGGED DRIVING (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring the month of December 1992, as the National Drunk and Drugged Driving Prevention Month in the City of San Bernardino. San Bernardino Chief of Police Robbins accepted the proclamation. 5 12/7 /92 PUBLIC COMMENTS - WADE BYARS - LITERACY PROGRAM FUNDING (3) Wade Byars, a resident of the Mayor and Council set library's Literacy Program, literacy programs nationwide. San Bernardino, CA, requested that aside funds in support of the which is one of eighty-seven There was a video presentation to regarding the literacy program, and its illiteracy. inform goal of the public eliminating PUBLIC COMMENTS - CARLOS BARNETT - AFSCME LOCAL 122 (3) Carlos Barnett, AFSCME, Local 122, 393 West Athol street suite #13, San Bernardino, CA, asked if any provisions have been made regarding when City employees would be paid for the pay period ending on December 31, 1992, as City Hall would be closed during the holidays. city Clerk Rachel Clark stated that provisions have been made so that employees can pick up their paychecks between 7:30 a.m. and noon on Wednesday, December 30, 1992. PUBLIC COMMENTS - ROGER DUMAS (3) Roger Dumas, a resident of San Bernardino, residents and employees of the city to prepare for putting aside adequate food and clothing. CA, urged all earthquakes by PUBLIC COMMENTS - ED CRAYTON DE VITA (3) Ed Crayton De Vita, a resident of Rialto, stated his support for the promotion and encouragement of entrepreneurship. PUBLIC COMMENTS - JIMMY DE VITA (3) Jimmy De Vita, a resident of Rialto, CA, voiced his support for drunk and drugged driving prevention month. He requested that further study be conducted of Route 30 to correct existing safety problems. COUNCIL MEMBER ESTRADA ARRIVED At 9:57 a.m., Council Member Estrada arrived at the Council meeting and took her place at the council table. WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (5) Council Member Miller 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. .~ 6 12/7 /92 COUNCIL MINUTES (6) council Member Miller 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: Novp_hPr 6, 1992. CHANGE ORDER NO. 3 - SOUTH "E" STREET BRIDGE WIDENING- INSTALL STREET LIGHT CONTRACT INCREASE $5,445- BRUTOCO ENGINEERING & CONSTRUCTION (7) In a memorandum dated November 17, 1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that an allocation of $20,510 was approved at the Community Development Commission meeting of March 2, 1992. This allocation was from tax allocation bond proceeds, and was to be used to finance the City's share of the cost for undergrounding the overhead utility facilities along South "E" Street, from Hunts Lane to MacKay Drive. A street light is mounted on an Edison pole on the east side of "E" street, just south of the bridge over the Santa Ana River. This light will be removed along with the Edison pole when the utility facilities are undergrounded. The contractor has quoted a price of $5,445 to furnish and install a concrete City street light standard to replace the light that will be removed. This proposed street light will illuminate the south approach of the bridge. Council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that Change Order No. 3 to the contract with Brutoco Engineering & Construction Co., for the widening of South "E" Street Bridge, in accordance with Plan No. 8347, be approved; to authorize the Contractor to furnish and install a street light, for an increase in the contract price of $5,445; from $3,568,987.30 to $3,574,432.30. CHANGE ORDER NO. 4 - SOUTH "E" STREET BRIDGE WIDENING- INSTALL PETROMAT & ASPHALT CONCRETE PAVEMENT OVERLAY- CONTRACT INCREASE - $7,862.40 - BRUTOCO ENGINEERING & CONSTRUCTION, INC. (8) In a memorandum dated November 19, 1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that the plans for widening the South "E" Street Bridge direct the contractor to overlay the existing asphalt concrete pavement at both roadway approaches to the structure. This overlay is to be done in conjunction with the installation of new pavement within the widened portion of the approach roadways. 7 12/7/92 Significant deterioration of the existing pavement has occurred since preparation of the plans was started. Extensive cracking and rutting is evident in the existing pavement. These cracks would reflect through the overlay in a relatively short period of time. In order to extend the useful life of the overlay, and keep city maintenance costs to a minimum in the future, it is recommended that the contractor be authorized to install pavement reinforcing fabric over the existing asphalt concrete, in order to extend the service life. The contractor has quoted a unit price of $1.68 for the approximate quantity of 4,680 square yards, which extends to $7,862.40. - Council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that Change Order No. 4 to the contract with Brutoco Engineering & Construction, Inc., for widening of the South "E" street Bridge, in accordance with Plan No. 8347, be approved; to authorize the Contractor to furnish and install Petromat on approximately 4,680 square yards of existing asphalt pavement, prior to placement of the asphalt concrete pavement overlay, for an increase in the contract price of $7,862.40; from $3,574,432.30 to $3,582,294.70. CLAIMS AND PAYROLL (9) Council Member Miller made a motion, 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 November 24, 1992 from the Director of Finance, be approved. RES. 92-442 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND EMPIRE SYMPHONY ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE. ( 11 ) RES. 92-443 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE NATIONAL COUNCIL OF NEGRO WOMEN, INC., FOR THE PROMOTION OF ARTS AND CULTURE. (12) RES. 92-444 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE NATIONAL ORANGE SHOW FOR THE PROMOTION OF ARTS AND CULTURE. (13 ) RES. 92-445 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE BROADWAY CELEBRITY PLAY SEASON FOR THE PROMOTION OF ARTS AND CULTURE. (14) -, 8 12/7/92 RES. 92-446 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SINFONIA MEXICANA COMMITTEE FOR THE PROMOTION OF ARTS AND CULTURE. (15) RES. 92-447 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CANTO BELLO CHORALE FOR THE PROMOTION OF ARTS AND CULTURE. (16) RES. 92-448 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT. (WEED ABATEMENT) (18) RES. 92-449 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF SCOPE AND BOUNDARIES OF ASSESSMENT DISTRICT NO. 975 LOCATED IN THE MILL AND PEPPER AREA BY EXPANDING THE BOUNDARIES THEREOF TO INCLUDE ADDITIONAL TERRITORY IN THE DISTRICT; TO EXPAND THE SCOPE THEREOF TO INCLUDE THE MAINTENANCE OF LANDSCAPING OF ADDITIONAL TERRITORY IN THE DISTRICT; DECLARING ITS INTENTION TO PROCEED TO ORDER THE AMENDMENT AND EXPANSION OF SCOPE OF THE DISTRICT; AND WAIVING NOTICE AND HEARING. (19) RES. 92-450 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A GRANT DEED CONVEYING CERTAIN PROPERTY FROM THE CITY OF SAN BERNARDINO TO THE SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT AND AUTHORIZING THE ACCEPTANCE OF A GRANT DEED CONVEYING CERTAIN PROPERTY FROM THE SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT TO THE CITY OF SAN BERNARDINO, SAID PROPERTIES LOCATED ON THE NORTH SIDE OF 9TH STREET, EAST OF MT. VERNON AVENUE AND BEING PART OF ENCANTO PARK. (22) RES. 92-451 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO GRANTING AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY TO CONSTRUCT AND MAINTAIN ELECTRIC SERVICE AT THE WATER DEPARTMENT'S 19TH STREET PLANT. (23) Council Member Miller made a motion, seconded by Council Member Hernandez, that said resolutions be adopted. Resolution Nos. 92-442, 92-443, 92-444, 92-445, 92-446, 92- 447, 92-448, 92-449, 92-450, and 92-451 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. 9 12/7 /92 Absent: None. PERSONNEL ACTIONS (10) Council Member Minor made a motion, seconded by Council Member Miller, that the personnel actions submitted by the Chief Examiner dated November 19, 1992, in accordance with all administrative regulations of the City of San Bernardino, be approved. council Member Hernandez stated that he would vote in opposition to one position only, the Paralegal I position in the City Attorney's Office, Range 3353, Step 1 $2580/month, effective November 17, 1992. (*) The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez (*), Maudsley, Minor, Pope- Ludlam, Miller. Nays: None (*). Absent: None. RES. 92-452 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE POLICE DEPARTMENT'S PURSUIT POLICY, SOP CHAPTER #36, PROCEDURE #3, IN ACCORDANCE WITH CVC 17004.7, PUBLIC AGENCY IMMUNITY. (17) Jeff Wright, P.O. Box 2341, San Bernardino, CA, opposition to high speed chases in urban areas as they danger to residents. voiced are a Council Member Minor made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 92-452 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 92-453 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH URS CONSULTANTS, INC., RELATING TO THE PROVISION OF PROFESSIONAL ENGINEERING DESIGN SERVICES FOR THE CONSTRUCTION OF THE TIPPECANOE/DEL ROSA AVENUE CONNECTOR THROUGH NORTON A. F. B. (20) Discussion ensued regarding the possibility of having the Inland Valley Development Agency (IVDA) fund a portion of the design costs sJ.nce the project is located within the IVDA's jurisdiction, and IVDA would receive benefits from upgrading the area. Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolution be adopted. 10 12/7 /92 Resolution Ayes: Council Ludlam, Miller. No. 92-453 was adopted by the following Members Estrada, Reilly, Maudsley, Minor, Nays: Council Member Hernandez. Absent: vote: Pope- None. RES. 92-454 - RESOLUTION OF THE CITY OF SAN BERNARDINO WAIVING THE MANDATED NINETY (90) DAY NOTIFICATION PERIOD RELATIVE TO RELINQUISHMENT OF STATE ROUTE 30, HIGHLAND AVENUE, FROM ARDEN AVENUE TO BOULDER AVENUE; BOULDER AVENUE, FROM HIGHLAND AVENUE TO FIFTH STREET; AND ROUTE 330, FROM ROUTE 30 TO NORTH CITY LIMITS, BY THE CALIFORNIA TRANSPORTATION COMMISSION. (21) Council Member Maudsley made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 92-454 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. PROTEST HEARING ASSESSMENT DISTRICT HIGHLAND & ARDEN AREA - PROPOSED EXPANSION & MAINTENANCE ASSESSMENT DISTRICT NO. 990- - SECURITY (24) This is the time and place set for a protest hearing for the proposed expansion of Assessment District No. 990, the security and maintenance assessment district in the Highland/Arden area. In a memorandum dated November 16, 1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that on August 29, 1989, a resolution was adopted determining that the pUblic convenience and necessity require the formation of a security and maintenance assessment district in the Highland and Arden area. The action came as a result of the majority of the property owners at that time petitioning the City for the formation of the district to deal with the high incidence of crime in the area. That district has been in place now for three years. Although the area continues to experience frequent incidence of crime, the presence of security in the area has reduced the frequency of such occurrences. The area south of the existing district, specifically along 19th Street and Sunrise Lane (formerly Roca Street), has also been subject to the same incidence of crime. Several of the property owners in this area also desired to receive security services, and on December 2, 1991, the Director of Public Works was authorized and directed to proceed with expanding the existing district to include the area south of 19th Street. The time delay was due to the lack of sufficient property owner support at that time. It is intended that security to the expanded area be handled by the same contractor providing the existing security. 11 12/7 /92 The expansion of the current district to include this area would result in a more efficient delivery of security services to this area. The cost of the services will be recovered through assessments. On November 2, 1992, a Resolution of Intention was adopted which set a public hearing for December 7, 1992. Notification of the hearing was given by publication, posting and mailing of the Notice. Mayor Holcomb opened the hearing. Keith Reno, a resident of San Bernardino, CA, expressed support for the assessment district; however, he expressed concern that there have been some problems in the past with getting broken lights repaired. He stated that in the past there had been some discussion about having the City absorb some of the administrative costs and questioned whether this was planned. Roger Hardgrave, Director of Public Works/City Engineer, stated that he was not aware of any discussion about the City absorbing some of the administrative costs. He explained that the assessment district is funding the additional lighting in the alley and the security services. He stated that the City could absorb some of the administrative costs which are approximately $3,000. The majority of the $51,000 cost of the assessment district is to fund the security services. Council Member Miller made a motion, seconded by Council Member Minor, that the protests, if any, be overruled, the hearing be closed, and find and determine that public convenience and necessity require the proposed expansion of scope and boundaries of Assessment District No. 990, for security and street lighting maintenance and energy costs, in the Highland/Arden area, and that the Special Assessment, Investigation and Limitation Act of 1931 shall not apply; and that the City Engineer be directed to review administrative costs. (Note: There was no vote taken at this time.) Discussion ensued regarding whether the City would absorb the assessment district's administrative costs of approximately $3,000. Council Member Hernandez made a substitute motion, seconded by Council Member Reilly, and unanimously carried, that the protests, if any, be overruled, and that the hearing be closed. Council Member Minor made a motion, seconded by Council Member pope-Ludlam, that it be found and determined that pUblic convenience and necessity require the proposed expansion of scope and boundaries of Assessment District No. 990, for security and street lighting maintenance and energy costs, in the Highland/Arden area, and that the Special Assessment, Investigation and Limitation Act of 1931 shall not apply; and 12 12/7 /92 that the City Engineer be directed to review administrative costs. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Nays: Council Member Hernandez. Absent: None. Council Miller. PUBLIC HEARING - TAXICAB RATES - REQUEST FOR INCREASE- YELLOW CAB COMPANY (25) This is the time and place set for a public hearing to consider an increase in taxicab rates. In a memorandum dated November 17, 1992, Lee Gagnon, Business Registration Supervisor, City Clerk's Office, stated that under Municipal Code section 5.76.200 the current taxicab rate is $1.90 for the first one-tenth mile, or flagdrop; and twenty cents for each additional one-seventh mile or fraction thereof. The maximum waiting time rate and traffic delay charges are $15.00 per hour respectively. At the Bureau of Franchises meeting held on September 8, 1992, Mr. John Lightburn, representing Mr. Ted Parlas, Manager of the Yellow Cab company, made a presentation and requested a taxicab rate increase from twenty eight cents for each additional one-fifth mile or fraction thereof, to thirty cents for each additional one-sixth mile; and an increase from $15.00 to $18.00 per hour for waiting time and traffic delay charges. An increase of 300% in workers compensation insurance premiums was cited as the primary reason for asking for the increase in taxicab rates. The Bureau of Franchises recommended that the Mayor and Common Council approve the following taxicab rate increases: the per mile charge from $1.40 to $1.80; and the waiting time and traffic delay charges from $15.00 to $18.00 per hour respectively. Mayor 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 increase in taxicab rates. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 10:27 a.m., Council Member Pope-Ludlam left the Council meeting. 13 12/7/92 PUBLIC HEARING IMPOSING LIENS UNCOLLECTED BUSINESS REGISTRATION FEES ON PROPERTY- (26) This is the time and place set for a public hearing to consider imposing liens on real property located within the City of San Bernardino for uncollected business registration fees for the renting or leasing of dwelling units. In a memorandum dated November 10, 1992, Rachel Clark, City Clerk, requested authorization to impose liens on certain parcels of property for uncollected business registration fees. COUNCIL MEMBER ESTRADA EXCUSED At 10:29 a.m., Council Member Estrada left the Council meeting. City Clerk Clark stated that the resolution should be amended by deleting the following addresses: 4729 Windsor, 538 Holden, 1471 crestview, 2324 North "D" Street, and 180 Bryant. Mayor Holcomb opened the hearing. Ted Bair, 5718 North "D" street, San Bernardino, CA, who owns property located at 5704 North "E" Street, San Bernardino, CA, stated that the need for this business license had not been adequately explained to him, and stated his opposition to paying any late penalties. RES. 92-455 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR UNCOLLECTED BUSINESS REGISTRATION FEES. (26) Council Member Hernandez made a motion, seconded by Council Member Minor, that the hearing be closed; and that said resolution be adopted as amended by deleting the following addresses: 4729 Windsor, 538 Holden, 1471 Crestview, 2324 North "D" Street, and 180 Bryant which are paid; and that the lien on property owned by Ted Bair located at 5704 North "E" Street be continued to December 21, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Ayes: Miller. Ludlam. Resolution No. 92-455 was adopted by the following vote: Council Members Reilly, Hernandez, Maudsley, Minor, Nays: None. Absent: Council Members Estrada, Pope- 14 12/7/92 RES. 92-456 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6429 ENTITLED IN PART "A RESOLUTION . . . ESTABLISHING A BASIC COMPENSATION PLAN FOR OFFICERS AND/OR EMPLOYEES OF THE POLICE AND FIRE DEPARTMENTS . . . "; AND PROVIDING INCENTIVE PAY FOR TRAINING DUTIES. (Continued fro. November 16, 1992) (27) RES. 92-457 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6429 ENTITLED IN PART "A RESOLUTION . . . ESTABLISHING A BASIC COMPENSATION PLAN FOR OFFICERS AND/OR EMPLOYEES OF THE POLICE AND FIRE DEPARTMENTS OF THE CITY OF SAN BERNARDINO. II (Continued from November 16, 1992) (27) Council Member Miller made a motion, seconded by Council Member Hernandez, that said resolutions be adopted. Resolution Nos. 92-456 and 92-457 were adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Miller. Nays: None. Absent: Council Members Estrada, pope-Ludlam. CITY ATTORNEY PENMAN RETURNED At 10:33 a.m., City Attorney Penman returned to the Council meeting and replaced Senior Assistant City Attorney Barlow. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN 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 November 16, 1992) (28) Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that said resolution authorizing the execution of an 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, be continued to December 21, 1992, in the Council Chambers of city Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBERS ESTRADA & POPE-LUDLAM RETURNED Council Members Estrada and Pope-Ludlam returned to the Council meeting and took their places at the council table. GRAFFITI ABATEMENT PROGRAM - AUTHORIZE USE - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING - CONTINUED FROM NOVEMBER 16, 1992 ( 29) This is the time and place continued to for consideration of 15 12/7 /92 authorizing the utilization of Community Development Block Grant (CDBG) funding for the City's graffiti abatement program. In a memorandum dated November 20, 1992, Kenneth Henderson, Executive Director, Economic Development Agency/Development Department, stated that at the November 16, 1992, meeting of the Mayor and Council, the city Administrator presented a report on a comprehensive graffiti removal program. The report recommended that the City explore ways to use more volunteers in beautification efforts, and that a volunteer coordinator be considered to recruit and organize volunteer efforts. As a trial project, it was recommended that a volunteer coordinator be hired on a short-term basis to coordinate a "Love Your City" community pride day, and cleanup effort, which would take place on or around Valentine's Day, 1993. In terms of cost of the program, a preliminary budget has been estimated at $24,600. Staff believes that it would be prudent to add a 15% contingency figure to this amount, which comes to approximately $3,700. The total budget would come to $28,300. There are ample funds in the beautification account to supply this request. It is recommended that Ms. Patricia Leathers be selected as a volunteer coordinator for this event. Ms. Leathers is well known in the community, both for her many years in customer service with General Telephone and for her volunteer efforts with charitable organizations. Ms. Leathers has demonstrated outstanding capabilities in the management of human resources and in the coordination of civic benefit activities. Agency special counsel is currently researching whether any special findings would need to be made in connection with this project. Shauna Clark, City Administrator, regarding the graffiti abatement program funding sources. answered questions recommendations and The to hire times. Council expressed concern regarding the recommendation an additional employee during these tight budgetary Mayor Holcomb urged the Council to support the graffiti abatement program recommendations in an effort to win the battle against blight. He explained that what is being proposed is a pilot project that can be continued if successful or terminated if not successful. Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, that the Mayor and Common Council approve the graffiti abatement program recommendations made by City Administrator Shauna Clark in her memorandum dated November 9, 16 12/7/92 1992. Jeff Wright, P.o. Box 2341, San Bernardino, CA, urged everyone to actively participate in recycling. Discussion ensued regarding the costs involved in implementing the graffiti abatement program recommendations, and whether other options should be considered in an effort to reduce blight. The motion Members Reilly, Members Estrada, carried by the following vote: Minor, Pope-Ludlam, Miller. Hernandez, Maudsley. Absent: Ayes: Nays: None. Council Council SELECTION OF ALIGNMENT - ORANGE SHOW ROAD EXTENSION- ARROWHEAD AVENUE TO TIPPECANOE AVENUE - CONTINUED FROM NOVEMBER 16, 1992 (30) This is the time and place continued to for consideration of the selection of alignment for the extension of Orange Show Road, from Arrowhead Avenue to Tippecanoe Avenue. In a memorandum dated November 17,1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that at the Mayor and Common Council meeting of November 16, 1992, the selection of the Orange Show Road extension from Arrowhead Avenue to Tippecanoe Avenue, was continued to the Mayor and Council meeting of December 7, 1992, at the request of property owners and residents of the area. The owners and residents made this request due to their desire to be better informed about the project. Apparently, the residents are concerned more over issues such as environmental review, the process for development of plans and design details, than selection of Alignment No. One. Shauna Clark, city Administrator, recommended that a substitute motion be adopted, to direct the Director of Public Works to proceed with the alignment for the extension of Orange Show Road, from Arrowhead Avenue to Tippecanoe Avenue, as approved by the City of San Bernardino General Plan. Discussion ensued regarding the need for a consensus of support in the community for the selection of Alignment No. One. The Council felt that the item should be continued to allow the residents to meet with staff so that their concerns can be addressed. council Member Estrada made a motion, that the selection of an alignment for the extension of orange Show Road from Arrowhead Avenue to Tippecanoe Avenue, be continued to December 21, 1992, so that another neighborhood meeting can be held to respond to the residents' concerns. 17 12/7 /92 The motion failed for lack of a second. City Attorney Penman stated that once an alignment has been selected it will have to be reviewed by the Environmental Review Committee who will decide if an environmental impact report is needed. willie Brue, 1063 South Lincoln, San Bernardino, CA, requested that the selection of an alignment for the extension of Orange Show Road from Arrowhead Avenue to Tippecanoe Avenue, be continued to January 20, 1993, so that the residents can meet with staff to have their concerns answered. Council Member Estrada made a motion, that the selection of an alignment for the extension of Orange Show Road from Arrowhead Avenue to Tippecanoe Avenue, be continued to January 20, 1993, in the Council Chambers of city Hall, 300 North "D" Street, San Bernardino, California. The motion failed for lack of a second. Ms. Brue stated her agreement to continuing the selection of an alignment for orange Show Road to December 21, 1992. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, and unanimously carried, that the selection of an alignment for the extension of Orange Show Road from Arrowhead Avenue to Tippecanoe Avenue, be continued to December 21, 1992, and allow the item to be continued again if necessary. COUNCIL MEMBER ESTRADA EXCUSED At 11:17 a.m., Council Member Estrada left the Council meeting. 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. First (31) Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that said ordinance be laid over for final adoption. WAIVE FEES JAMES ELDER'S ALL AMERICAN FOUNDATION - $236.25 - USE OF HERNANDEZ CENTER YOUTH (33) In a memorandum dated November 24, 1992, Annie Ramos, Director of Parks, Recreation and Community Service, stated that the James Elder's All American Youth Foundation has requested a waiver of fees for the use of Hernandez Center on December 26, 1992. The use of the Center will be for an anti-gang and drug 18 12/7 /92 rally featuring representatives from law the DARE Bear, McGruff and the K-9 units. include a basketball clinic and lunch. enforcement including The program will also Resolution No. 91-35 provides for the exemption of fees for non-profit organizations provided that the fees would create a financial hardship that would jeopardize the activity and that the event would be of unusual benefit to the residents of the city. This use appears to qualify for exemption of fees. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, that the request to waive fees for use of Hernandez Center in the amount of $236.25, be approved. The motion carried by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Pope-Ludlam, Miller. Nays: Council Member Minor. Absent: Council Member Estrada. REQUEST TO PROVIDE HEAT FOR EMPLOYEES WORKING DURING HOLIDAY CLOSURE OF CITY HALL (34) In a memorandum dated November 19, 1992, James Penman, City Attorney, stated that although many of the City offices will be closed during the Christmas holidays, many cannot close due to outside requirements such as providing emergency services or being required to attend to the courts which will remain open. Since city staff will remain in city Hall during the holiday closure, it is necessary to provide a healthy and safe environment in which they can work. Failure to provide a healthful and safe environment can result in workers' compensation liability to the City. During December the temperature can get quite cold making working in an office setting more than just uncomfortable. As a result, it is requested that the Mayor and Council direct that heat be provided to those offices that remain open for the benefit of the City employees who must remain at their posts. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, that the request to provide heat for those employees working during the holiday closure of City Hall, be referred to the City Administrator to be resolved administratively. The motion carried by the following vote: Ayes: Members Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. council Member Reilly. Absent: Council Member Estrada. Council Nays: RECESS MEETING At 11:23 a.m., Mayor Holcomb declared a five-minute recess. 19 12/7 /92 RECONVENE MEETING At 11:29 a.m., the regular meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Vale with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; senior Assistant City Attorney Barlow, Deputy City Clerk Vale. Absent: Council Member Estrada; City Administrator Shauna Clark. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:29 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. REPLACE STREET NAME SIGNS - RIALTO AVENUE & TIPPECANOE AVENUE - ADVERTISE FOR BIDS (R-3) In a memorandum dated November 5, 1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for the replacement of street name signs on Rialto Avenue, in the area east of Tippecanoe Avenue, and north of Route I-10, have been prepared and the project is ready to be advertised for bids. The estimated total project cost is $27,500. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the plans for replacing the street name signs on Rialto Avenue, from Route I- 215 to Tamarisk Avenue, and the area east of Tippecanoe Avenue and north of Route I-10, in accordance with Plan No. 8718, be approved; and the Director of Public Works/city Engineer be authorized to advertise for bids. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PUBLIC HEARING - MID-YEAR FY 1992/93 - SET HEARING (R-7) In a memorandum dated December 2, 1992, Kenneth Henderson, Executive Director, Economic Development Agency/Development Department, stated that historically the city has conducted Community Development Block Grant (CDBG) public hearings relative to the allocation of funds in the month of June. From time to time mid-year CDBG reviews, subsequent to June and prior to award of the next grant, have been conducted for various reasons. Such is the purpose of this agenda item. currently, there are sufficient funds in Appropriated Reserve to underwrite the proposed Pursuant to the Department of Housing and Urban regulations, it is prudent that the City obligate the CDBG projects. Development its existing 20 12/7/92 funds expeditiously and that the implementing city departments carry out approved projects quickly and effectively. The mid- year review enables this, and facilitates timely project implementation in areas and activities needed. Federal regulations require a citizens' review and a Council public hearing prior to consideration, discussion and approval of newly proposed CDBG-funded projects. Pursuant to this, the Community Development citizen Advisory Committee (CDCAC) reviewed all funding requests and recommended the Council approve the projects submitted. A majority of the projects propose the repair or renovation of city-owned community 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, and gymnasium and building flooring. The community recreation and senior centers are utilized by San Bernardino residents, particularly those in the low to moderate categories. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Common Council schedule December 21, 1992, at 11:00 a.m., within the city Council Chambers for the Mid-Year FY 1992/93 Community Development Block Grant (CDBG) public hearing to listen to citizens comments, and take action as deemed appropriate relative to various requests for funding. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.90 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO MOBILE HOME PARK RENT STABILIZATION. First (R-5) The Council rent increases are in the ordinance. expressed concern regarding how mobile home determined, and the appeal process as outlined Council Member Hernandez made a motion, that the ordinance amending Chapter 8.90 of the San Bernardino Municipal Code relating to mobile home park rent stabilization, be continued to a later date. The motion failed for lack of a second. CITY CLERK RACHEL CLARK RETURNED City Clerk Rachel Clark returned to the Council meeting and replaced Deputy City Clerk Vale. Kenneth Henderson, Executive Director, Agency/Development Department, answered Council regarding the proposed ordinance. Economic Development questions from the 21 12/7 /92 council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the ordinance amending Chapter 8.90 of the San Bernardino Municipal Code relating to mobile home park rent stabilization, be referred to the Housing Committee. ~ PUBLIC HEARING - STRATEGY (CHAS) ANNUAL PLAN COMPREHENSIVE HOUSING AFFORDABILITY 1992 PERFORMANCE REPORT 1993 (R-8) This is the time and place set for a public hearing to consider the Comprehensive Housing Affordability Strategy (CHAS) 1992 Performance Report and 1993 Annual Plan. In a memorandum dated December 1, 1992, Kenneth Henderson, Executive Director, Economic Development Agency/Development Department, stated that to comply with Department of Housing and Urban Development (HUD) regulations, the city of San Bernardino must now prepare the following two reports: The Annual Performance Report which addresses the City's performance in complying with specific priorities established in the FY 1992 Comprehensive Housing Affordability Strategy (CHAS); and The Annual Plan which outlines the city's Comprehensive strategy for expending available resources, and for establishing FY 1993 programs and activities to address identified goals contained within the CHAS. The Development Department views these requirements as an opportunity to reassess the City's housing needs and the particular priorities, programs, and resources which would best meet the affordable housing challenges of the community. The Fiscal Year 1992 Annual Performance Report is comprised of four main components including: resources available within the jurisdiction; investment of available resources; households and persons assisted; and other action taken. The Fiscal Year 1993 Annual Plan includes: a summary of the CHAS development process; implementation strategy; and other actions taken. Staff has taken advantage of this opportunity to review current strategies and goals adopted by the Mayor and Council and Community Development Commission. This review has revealed many accomplishments and provided a platform to showcase the new "Neighborhood Spirit" and Housing Development Programs. HUD regulations require that a revised CHAS be completed for 1993. To accomplish this, staff will once again be re-assessing the goals and objectives of the Housing Element, the CHAS, and the community Development Commission to assure they perform in harmony. The new CHAS will also contain information from the 1990 Census, as well as various housing studies scheduled for completion during 1993. 22 12/7/92 Mayor Holcomb opened the hearing. council Member Maudsley made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Common Council approve the attached Comprehensive Housing Affordability strategy 1992 Performance Report and 1993 Annual Plan. CITY ATTORNEY PENMAN RETURNED At 12:15 p.m., City Attorney Penman returned the Council meeting and replaced Senior Assistant City Attorney Barlow. POLICE FACILITY (32 (, R-14) The Council expressed concern that all of the discussions relating to the new Central Police station were not being held in open session and urged that the luncheon workshop be videotaped for replay on television at a later date to allow the pUblic access to the all of the pertinent information. Mayor Holcomb explained that when the Council reconvenes after the luncheon workshop a presentation will be made outlining all of the information presented during the luncheon workshop for the pUblic's information. RECESS MEETING At 12:18 p.m., the regular meeting of the Mayor and Common Council recessed to a luncheon workshop in the Management Information Center, (MIC Room), sixth Floor, city Hall, 300 North "D" Street, San Bernardino, California, to discuss the new central pOlice station. RECONVENE MEETING - LUNCHEON WORKSHOP At 12:42 p.m., the regular meeting of the Mayor and Common council reconvened in the Management Information Center, (MIC Room), Sixth Floor, City Hall, 300 North liD II street, San Bernardino, California, to discuss the new central pOlice station. 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, Pope-Ludlam, Miller; Senior Assistant city Attorney Barlow, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: None. Also present: Fred Wilson, Assistant City Administrator; Chief Robbins, San Bernardino Police Department; Tim steinhaus, Agency Administrator, Kenneth Henderson, Executive Director, Development Department, and James Sharp, Project Manager, Development Department, Economic Development Agency; Senior Assistant city Attorney Morillo; Donald Keck, and Charles Howard, Leach Mounce Architects. 23 12/7 /92 NEW POLICE FACILITY - CONTINUED FROM NOVEMBER 16, 1992 (32 (, R-14) This is the time and place continued to for discussion of the potential development of a new central police station. In a memorandum dated December 2, 1992, Kenneth Henderson, Executive Director, Economic Development Agency/Development Department, stated that in an effort to understand the development of the new police facility, staff has reviewed the site plan alternatives, analyzed both the past and present need studies generated by outside consultants and the Police Department, and evaluated the highest and best use of existing structures and the development of alternate site plans. The fOllowing information is formatted in a manner to convey information which illustrates the progress made to date, and addresses those issues identified by the Community Development Commission at the November 16, 1992 meeting. In June 1988, the Police Department, in conjunction with a consultant, presented a preliminary draft document containing projections and analyses of current and future space needs. The document was voluminous and based upon historical, empirical and hypothetical data. The study integrated data from 1983 and extrapolated information to the year 2030, a total of some 48 years. From these assumptions and hypotheses, staffing requirements were created which were then translated into function charts and interpretations of space needed. The following is a summary of those space demands: Year Total Sauare Footaae Reauired 1987 1990 2010 77,128 SF 85,187 SF 109,956 SF In September 1988, a follow-up report entitled "Review Meeting Agenda" was prepared to analyze the information presented in the previous preliminary space requirement database. This second document analyzed three different sites and studied one hypothetical plan. In the fall of 1991, the City Administrator's office, in conjunction with the city PUblic Works Department, contracted with Archetype International, an architectural firm in Irvine, california, to analyze the existing and current space requirements for the Police Department operations. A Request for Qualifications (RFQ) was produced to solicit a professional architectural firm to develop space requirements and construction documents relative to the adaptive reuse of the two buildings 24 12/7/92 located at 701 North "E" street. Many architectural firms were interviewed by a committee comprised of the City Administrator's Office, the City Public Works and Police Departments. The result of those interviews was the awarding of the contract to a firm with significant professional depth and knowledge in the development of such facilities. Leach Mounce Architects of Glendale, california was awarded the contract and instructed to proceed. The primary task of the architect was to interpret and design the following: review and classify the previous studies relative to the demand requirements of the individual police operation functions; quantify use requirements into square footage and operational requirements; interpret and evaluate the existing conditions and facilities of both Building A and Building B at the location; and design the adaptive reuse configurations to accommodate the Police Department needs. In the course of developing a realistic scenario for the staffing of department needs and defining the future growth of the department, staff and the architect determined the following square footage requirements as realistic goals for the future development. Year Sauare Footaae Reauired 1992 (current need) 1996 2001 2006 2011 55,000 SF 57,000 SF 59,200 SF 61,700 SF 64,600 SF The primary assumption of the square footage required was based on the realistic interpretation of the city's ability to fund new positions within the Police Department, which dictates additional office space requirements. Said increases were based upon a one percent growth in staffing capability, which is the equivalent of four to five additional positions annually. It is the consensus of staff and the architect that the new space requirements are less subjective and more conclusive in today's environment than the previous two studies. To understand the progression of the development of the Seventh and II E" Street site, a visual presentation was made regarding Scenario c. In an effort to maximize and create the highest and best use of the entire site, staff and the architect designed the various elements for an entirely new development. The primary component is the creation of a mixed use site plan that would be created by the segregation of Building A from the site as an independent use; the remaining portion of the site would be developed in its entirety with a completely new Police facility. The major components of the Scenario C plan are as 25 12/7 /92 follows: 1. The proposed site plan is comprised of three components: development of Building A to maximize its commercial value in a sale and/or lease to a second party outside the City; design and development of a new 70,000 square foot structure to accommodate the Police Department needs; and low cost development of Building B for the "non-essential" use as long-term storage of documents generated by the Police Department operations; 2. The abandonment of the entire Seventh Street and "rights-of-way" between "D" and "E" Streets: increase the site area for the development of the maximum amount of parking; a total of 219 parking spaces for Building A and 410 parking spaces for the proposed facility; create a traffic flow around the east side of Building A which would enhance the future potential uses; and increase the security of the site by lessening the traffic flow from three streets to one; and 3. The construction of a new Class 5 two-story 70,000 square foot police facility. By constructing a new facility, the design of the floor plan would have a higher floor efficiency of common areas to office space, thereby creating more usable space per square foot of construction dollars invested. By creating high floor efficiencies, the new design would be able to accommodate the longer term future expansion requirements than the existing facility, approximately ten years of future growth, at no extra cost. By using new construction, there is no need to do seismic and essential services compliance work in addition to the base building work; therefore, the total development cost is reduced. By creating a new design and understanding what the future needs are, the new design would more adequately reflect future expansion requirements. wi th the development of a new facility, it would be necessary to comply with all 1992 building codes relative to energy conservation, lighting, and air conditioning systems. By using state-of-the-art equipment, the operating overhead costs would be significantly reduced. By proceeding in a fast-track manner for the design, development and construction of a new facility, the City could potentially take advantage of the dramatic reduction of construction costs relative to labor and materials. Staff requested that the Council review the presentation and recommendation report, and approve the current site plan Scenario C so that the development team may proceed. Discussion ensued regarding the positive and negative aspects of Scenario C and the associated construction costs. CITY ATTORNEY PENMAN ARRIVED At 12:54 p.m., City Attorney Penman arrived at the luncheon workshop. 26 12/7 /92 CITY ATTORNEY PENMAN EXCUSED At 12:57 p.m., City Attorney Penman left workshop and was replaced by Senior Assistant Morillo. the City luncheon Attorney COUNCIL MEMBERS ESTRADA, POPE-LUDLAM & MILLER EXCUSED Council Members Estrada, Pope-Ludlam and Miller left the luncheon workshop. A discussion was held regarding other options for site configuration in order to minimize the costs of construction. Mr. Donald Keck and Mr. Charles Howard, Leach Mounce Architects, answered questions from the Council regarding the positive and negative aspects, and related cost, of Scenario C. There was no action taken during this luncheon workshop. RECESS MEETING At 1:52 p.m., the luncheon workshop was recessed to the regular meeting of the Mayor and Common Council of the city of San Bernardino, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2: 00 p. m., Mayor Holcomb called the regular meeting of the Mayor and Common Council to order in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Vale with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor, Miller; Senior Assistant City Attorney Morillo, Deputy City Clerk Vale. Absent: Council Members Estrada, Pope-Ludlam. NEW POLICE FACILITY - CONTINUED FROM NOVEMBER 16, 1992 (32 (, R-14) This is the time and place continued to for discussion of the proposed development of a new central police station. Mayor Holcomb explained that during the luncheon workshop a conceptual plan was presented for the new Central Police station to be located on the property north of 7th Street between "D" and "E" Streets. He stated that at this time the architects, Leach Mounce Architects, would present an overview of the project. In a letter dated December 7, 1992, Mr. Douglas M. Nelson, R.A., Vice President, Leach Mounce Architects, 3436 N. Verdugo Road, Glendale, CA, stated that Leach Mounce Architects was 27 12/7 /92 pleased to present the preliminary schematic site plan for the new Central Police station which incorporates a state of the art approach to police facility design. Pursuant to recent police facility workshops and the development of new site plan alternatives, it is evident that the new 70,000 square foot, Scenario C site plan affords the highest and best use of the Seventh and "D" Street site for the following reasons: Access to the site is provided at three points, with a new parking layout that provides efficient vehicle circulation and maximum number of parking spaces. There is potential enhancement of the "D" Street streetscape through the placement of the new building. By providing an entry courtyard, a transition from the street to the building has been created. The design approach to the new 70,000 square foot building focuses on reducing construction costs, optimizing functional efficiency, and creating an opportunity for an attractive police facility. Significant cost savings would be realized with the use of tilt- up precast concrete construction. This structural approach would afford long term flexibility in the use of interior space. Compared to earlier remodeling schemes, the construction of a new building provides significant long term savings in operation costs due to energy efficient building design and state-of-the- art mechanical and electrical systems. Proceeding with Scenario C site design would enable the development of a facility which would serve and represent the City well for many years. Mr. Charles Howard, Leach Mounce Architects, explained the positive aspects of Scenario C, and related construction costs. Mr. Howard answered questions regarding Scenario C. COUNCIL MEMBERS ESTRADA & POPE-LUDLAM RETURNED At 2:04 p.m., Council Members Estrada and Pope-LUdlam returned to the Council meeting and took their places at the Council table. CITY ATTORNEY PENMAN RETURNED At 2:04 p.m., city Attorney Penman returned to the Council meeting and replaced Senior Assistant city Attorney Morillo. James Sharp, Project Manager, Economic Development Agency /Development Department, answered questions regarding the advantages Scenario C provides over the previously presented plans. CITY CLERK RACHEL CLARK RETURNED city Clerk Rachel Clark returned to the Council meeting and replaced Deputy city Clerk Vale. Chief Robbins explained that Scenario C presented advantages 28 12/7 /92 for the department, such as an increase in parking spaces and available working space for employees. COUNCIL MEMBER ESTRADA EXCUSED At 2:13 p.m., Council Member Estrada left the Council meeting. council Member Minor made a motion, seconded by Council Member Pope-Ludlam, that the Community Development Commission authorize the police facility development team to proceed with the continued development and refinement of Scenario C to determine the final proposed site plan, development costs and method of financing. (Note: There was no vote taken at this time.) (See page 32) Discussion continued regarding the positive and negative aspects of Scenario C, and related construction costs. CITY ATTORNEY PENMAN EXCUSED At 2:18 P.M., city Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. The Council discussed financing options, and what the best method would be for financing the proposed construction of the new police station as outlined in scenario C. Mr. Howard felt that the buildings proposed would serve the Police department's needs for twenty years. in scenario C approximately Kenneth Henderson, Executive Director, Economic Development Agency/Development Department, stated that the approximate cost of constructing Scenario C would be approximately $7 million, with the preparation of plans and specifications being approximately 6 to 7% of that amount, or approximately $500,000. Discussion continued regarding the Scenario C site configuration as proposed. The Council felt that until the financing plan could be finalized any further discussion of Scenario C would be academic. Mayor Holcomb explained that there was a potential buyer interested in Building A, which could be one aspect of the financing plan. COUNCIL MEMBER ESTRADA RETURNED At 2:27 p.m., Council Member Estrada meeting and took her place at the council returned to the Council table. 29 12/7 /92 Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the Mayor and Common Council recess into closed session to discuss the potential buyer for the Building A. RECESS MEETING - CLOSED SESSION At 2:52 p.m., the Mayor and Common Council and Development Commission recessed to closed session following: community for the 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: CLOSED SESSION At 2:52 p.m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant city Attorney Barlow, city Clerk Rachel Clark. Absent: City Administrator Shauna Clark. COUNCIL MEMBER At 3:03 p.m., session. POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the closed ADJOURN CLOSED SESSION At 3: 09 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 3:09 p.m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of city Hall, 300 North liD II 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, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, City Clerk Rachel Clark. Absent: City Administrator Shauna Clark. 30 12/7 /92 NEW POLICE FACILITY - REQUEST TO SPEAK - JIM ROCK, ROCK ENTERPRISES - SAM HENLEY, SAN BERNARDINO VALLEY ASSOCIATION OF REALTORS - CONTINUED FROM NOVEMBER 16, 1992 (32 (, R-14) This is the time and place continued to for consideration of the proposed construction of a new central police station. In a letter dated November 24, 1992, Jim Rock, owner of Rock Enterprises, 27189 5th street, Highland, CA, requested to speak at the December 7, 1992, Mayor and Council meeting to discuss the development and site planning of the property known as the Pacific Federal Savings & Loan property located at 701 North "E" street. In a letter dated December 1, 1992, Sam Henley , Executive Officer, San Bernardino Valley Association of Realtors, 1798 North "D" Street, San Bernardino, CA, stated that the San Bernardino Valley Association of Realtors Board of Directors has made a decision to remain at its present location for the next three to five years. The Association owns the two-story residence adjacent to its parking lot, located at 423 West 18th Street, and uses the building for storage purposes. Parking is needed for its members, so a decision was made to sell the building in order for it to be relocated and free-up the land for parking. The Board of Directors approved the sale of the building to Mr. James Rock, Rock Enterprises, contingent upon Mr. Rock being successful in Obtaining a suitable site for the building, and the Association being successful in Obtaining approval of the expansion of its present parking lot onto the vacated property. A telephone call was received from Gary Kirby, 1505 Yardley, San Bernardino, CA, stating that all discussions regarding the potential construction of the new police facility should be conducted in open session and not in closed session. Jim Rock, Rock Enterprises, 784 North II E" Street, San Bernardino, CA, spoke in support of preserving historical structures. He proposed establishing a historical business park/district that would be an asset for redevelopment of the downtown area by alleviating blight, and generating revenues by stimulating growth. He stated that he is considering renovating the Klein House located at 348 West 8th Street. He explained that the General Plan mandates that all City-owned properties containing or adjacent to historic resources must be maintained in a manner that is aesthetically and functionally compatible with such resources; that the design and placement and scale of that buildings be compatible with adjacent buildings of historical significance; and that the existing character of spaces and set back be emulated to retain the ambient rhythm of the streetscape. He stated that he did not feel that the 31 12/7 /92 buildings proposed in Scenario C comply with these General Plan requirements. council Member Minor made a motion, seconded by Council Member Pope-Ludlam, that the Community Development Commission authorize the police facility development team to proceed with the continued development and refinement of Scenario C to determine the final proposed site plan, development costs and method of financing; that the site plan be approved as presented; and that the architectural firm of Leach Mounce Architects be authorized to proceed. (Note: This motion was made earlier in the meeting, however, it was not voted upon at that time.) (See page29 ) The motion Members Reilly, Members Estrada, carried by the following votes: Ayes: Maudsley, Minor, Pope-Ludlam. Nays: Hernandez, Miller. Absent: None. Council Council CITY CLERK RACHEL CLARK EXCUSED At 3:33 p.m., City Clerk Rachel Clark left the Council meeting and was replaced by Deputy city Clerk Vale. DOWNTOWN MAIN STREET PROGRAM - RESTRUCTURING (R-12) In a memorandum dated December 2, 1992, Timothy Steinhaus, Agency Administrator, Economic Development Agency, stated that on September 21, 1992, the Community Development Commission authorized certain actions in connection with the restructuring of the Main Street Program. On November 6, 1992, the current Main street Board of Directors adopted a resolution approving an amendment to the existing by-laws which provide for the Mayor and Common Council to act as the Board of Directors for the San Bernardino Downtown Main street, Inc. The Board of Directors shall consist of seven voting directors, and a non-voting Chairman. The Officers of the Corporation shall be a Chairman, a Vice Chairman, a Secretary, and a Chief Financial Officer/Treasurer. The Mayor shall serve as the non-voting Chairman. It is recommended that a vice Chairman be elected at this time. Other assigned officers of the Corporation shall be the Economic Development Agency's Administrative Services Manager to serve as the Chief Financial Officer/Treasurer; and the Executive Director of Main Street to serve as Secretary. The effective date of the reorganization will be January 1, 1993, and at the first Council meeting in January 1993, the Mayor and Common Council, acting as the Main Street Board of Directors, will vote on a resolution changing the authorized signatures on the Main Street checking and savings accounts. The existing Main Street Board of Directors approved the Amended and 32 12/7 /92 Restated By-Laws to take effect when the Mayor and Common Council have accepted their positions as Board Members. Although the Mayor and Common Council will adopt the resolutions on December 7, 1992, the actions will be effective January 1,1993. The amended by-laws address the creation of the Main street Advisory Board which shall be in accordance with the existing ordinance relative to boards, bureaus and commissions. The Main street Advisory Board members shall be responsible for making recommendations relative to the development of the downtown area; encouraging economic viability; encouraging the proper mix of residential and commercial uses for properties; generation of property tax and sales tax revenues; and eliminating the migration of businesses from the downtown area. The Advisory Board shall consist of nine members to be nominated by the Mayor and Council. The Mayor shall nominate two representatives and each Council Member shall nominate one representative to serve on the Main street Advisory Board. Each nominee should have a direct interest in the downtown area, either as a property/business owner or tenant, or common interest as a downtown business representative or employee. The following individuals have been nominated to serve on the Main street Advisory Board. These persons will serve on an interim Advisory Board until such time as the ordinance becomes effective. There will be subsequent Council action to officially appoint the permanent Main street Advisory Board. Mayor's Appointments: First Ward Appointment: Second Ward Appointment: Third Ward Appointment: Fourth Ward Appointment: Fifth Ward Appointment: sixth Ward Appointment: Seventh Ward Appointment: Frank Schnetz, Dr. Fred Curlin Jerry Casillas Bill Lemann Susan Shyo-in Johnston Jan Cox Conrad Knowles Wallace Green Jim Robbins Staff has reviewed Main street's original proposed FY 1992/93 budget of $617,019, with Ann Harris, Executive Director, and the current Main street Board of Directors. It has been determined that certain proposed administrative changes would result in substantial cost savings; therefore, staff has revised the proposed budget to $429,398. Many of Main street's projected expenditures for FY 1992/93 will now fall within the line items previously budgeted by the Agency; therefore, certain budgeted line items for Main street are illustrated as deductions from the Agency budget. On October 27, 1992, a salary survey of the Main street Executive Director position was completed by Comp Plus. The review was initiated to determine the market rate for the position and develop a recommended salary. Based upon the findings of the survey, the salary of the Main street Executive 33 12/7 /92 Director has been established at $4,931 to $5,994 a month. In accordance with this determination, the revised budget reflects the highest end of the range at $5,994 per month, or the II E" step. In addition, it is necessary to amend the current policy for automobile allowance to incorporate the Main street Executive Director, and the current staffing of the Agency. Pursuant to discussions with the Main street Executive Director, the remaining positions have been incorporated to existing salary ranges previously established by the Commission. Due to the uncertainty of Main street's relocation to the EDA office building, it is requested that an allocation of an amount not to exceed $10,000 be authorized to cover those costs associated with the transition such as rent, utilities and moving expenses. Tim Steinhaus, Agency Administrator, Economic Development Agency, answered questions regarding the restructuring of Main street. Discussion ensued regarding Main street's budget and how it would be impacted by this reorganization. COUNCIL MEMBER ESTRADA EXCUSED At 3:33 p.m., Council Member Estrada left the Council meeting. MAYOR HOLCOMB EXCUSED At 3:34 p.m., Mayor Holcomb left the Council meeting and the duties of Mayor Pro Tem were assumed by Council Member Reilly. The Council discussed whether Main street would relocate into the City Hall Annex. Council Member Hernandez made a motion, seconded by Council Member Minor, to appoint Council Member Reilly as the Vice- Chairman. (Note: There was no vote taken at this item.) RES. 92-458 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DELEGATING TO THE ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO CERTAIN POWERS AND AUTHORITY IN CONNECTION WITH THE REORGANIZATION, MANAGEMENT AND OPERATION OF SAN BERNARDINO DOWNTOWN MAIN STREET, INC. (R-12) 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. First (R-12) 34 12/7 /92 council Member Minor made a substitute motion, seconded by Council Member Hernandez, that the Mayor and Common Council establish that the Vice-Chairman of the Board of Directors of Main street be designated in the same manner as Mayor Pro Tem is, in that the Vice-Chairman of the Main street Board of Directors would rotate to be a different Council Member each month, and to adopt said resolution; that said ordinance be laid over for final adoption; and that the Mayor and Common Council move to appoint Frank Schnetz, Dr. Fred Curlin, Jerry Casillas, Bill Lemann, Susan Shyo-in Johnston, Jan Cox, Conrad Knowles, Wallace Green, and Jim Robbins to serve as the Interim Main street Advisory Board until such time as a permanent Advisory Board can be appointed pursuant to the new San Bernardino Municipal Code Chapter 2.41. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Nays: None. Absent: Council Member Estrada. Council Miller. PUBLIC HEARING DEVELOPMENT AGREEMENT NO. INLAND CENTER MALL PHASED EXPANSION CONTINUED FROM NOVEMBER 2, 1992 91-01- PROJECT- (35) This is the time and place continued to for a public hearing to consider Development Agreement No. 91-01 to govern the development of a phased expansion project at Inland Center Mall located east of the I-215 Freeway, south of Inland Center Drive and west of "E" Street. In a memorandum dated November 30, 1992, Al Boughey, Director of Planning and Building services, stated that at the meeting of October 19, 1992, Marlene Fox, representing the Carousel Mall Merchants Association, raised several issues regarding the environmental review process, the preparation of a negative declaration versus an environmental impact report; the public review and input process; and economic impact. Staff responded to the general concerns raised by Ms. Fox, and Tom Dodson of Tom Dodson and Associates, the environmental consultant for this project, addressed environmental concerns. The Environmental Review Committee reviewed the initial study and recommended that a mitigated negative declaration be prepared. The proposed negative declaration was submitted to the State Clearinghouse for review since it met CEQA criteria for potential regional significance. On June 18, 1992, the Environmental Review Committee recommended adoption of the mitigation monitoring/reporting program. The Planning Commission considered Development Agreement No. 91-01 and recommended adoption of the mitigated negative declaration, adoption of the mitigation monitoring/reporting program and approval of Development Agreement No. 91-01. 35 12/7/92 Mayor Pro Tem Reilly opened the hearing. In a letter dated December 3, 1992, Mark Ostoich, from Gresham, Varner, Savage, Nolan & Tilden, 600 North Arrowhead Avenue, suite #300, San Bernardino, Ca, requested a continuance of the item to December 21, 1992. Marlene Fox, attorney-at-law, 2031 Orange Wood Drive, Santa Ana Heights, CA, representing the Carousel Mall Merchants Association, requested that the item be continued to January 11, 1993. Ken Topping, representing Inland Center Mall, requested that the item be continued to December 21, 1992, and stated that Inland Center Mall was making every effort to resolve the concerns of the Carousel Mall Merchants Association in a timely manner. RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING THE MITIGATION MONITORING/REPORTING PROGRAM AND AUTHORIZING THE EXECUTION OF DEVELOPMENT AGREEMENT NO. 91-01 (INLAND CENTER MALL EXPANSION). (continued fro. November 2, 1992) (35) Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that the public hearing for Development Agreement No. 91-01, to govern the development of a phased expansion project at the Inland Center Mall, be continued to January 11, 1993, in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 92-10- RESIDENTIAL PARCEL MAP (FOUR OR FEWER PARCELS CITYWIDE) IMPROVEMENTS - CHANGE REQUIREMENTS (36) This is the time and place set for a public hearing to consider Development Code Amendment No. 92-10 that would change the requirements for residential parcel maps with four or fewer parcels citywide. In a memorandum dated November 12, 1992, Al Boughey, Director of Planning and Building Services, stated that the key points of Development Code Amendment No. 92-10 provide that final parcel maps without an improvement agreement could be reviewed by the City Engineer and do not require review by the Council; the posting of improvement security for parcel maps creating four or fewer residential parcels should be deferred until time of performance, instead of prior to performance; and that requiring owner/builders of four or fewer parcels to post proof of insurance imposes an undue burden, as it was intended for large subdivisions of five or more lots. This amendment is not 36 12/7 /92 subject to CEQA, pursuant to Section 15061(b)(3), because it can be determined with certainty that no possibility exists for this amendment to have a significant effect on the environment. The Planning Commission recommended approval of Development Code Amendment No. 92-10. CITY ATTORNEY PENMAN EXCUSED At 3:55 p.m., City Attorney Penman left the Council meeting and was replaced by Deputy city Attorney Empeno. COUNCIL MEMBERS HERNANDEZ & POPE-LUDLAM EXCUSED At 3:56 p.m., Council Members Hernandez and Pope-Ludlam left the Council meeting. Mayor Pro Tem Reilly opened the hearing. 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. First (36) Council Member Maudsley made a motion, seconded by Council Member Miller, that the hearing be closed; and that said ordinance be laid over for final adoption. (Note: There was no vote taken at this time.) Council Member Minor made a substitute motion, seconded by Council Member Reilly, and unanimously carried, that the hearing be closed; and that said ordinance be laid over for final adoption. APPEAL - DENIAL - VARIANCE NO. FOOT, 45 FOOT HIGH DOUBLE POLE STREET 92-20 - 137.5 SQUARE SIGN - 950 SOUTH "E" (37) This is the time and place set for an appeal of the Planning commission's denial of Variance No. 92-20. The applicant requested a variance to Development Code Sections 19.22.060 and 19.22.150 to allow an 80 square foot roof sign; a 115.5 square foot, 25 foot high, freestanding single pole sign; and a 137.5 square foot, 45 foot high, freestanding double pole sign in conjunction with an existing fast-food restaurant in the CG-1 land use zoning district on property located at 950 South "E" Street. In a memorandum dated November 19, 1992, Al Boughey, Director of planning and Building Services, stated that the Planning Commission approved a portion of the variance for the roof sign and the 25 foot high, single pole sign; but denied that portion of the variance for the 45 foot high double pole 37 12/7 /92 sign. The Planning Commission denied the variance for the 45 foot high double pole sign in the southwest corner of the site noting that it would constitute a special privilege to approve the sign as there was nothing unique or unusual about the building or the site to justify its approval. The applicant contends that the requested signs were originally approved for a "Burger King" restaurant J.n 1975; however, the legal non-conforming status of any original sJ.gns has expired. The Development Code stipulates that the legal non- conforming status of signs shall expire if the business has been abandoned for ninety days or more. The restaurant had been vacant for at least two years. General Plan Policies 1.45.4 and 1.45.8 require that the number, size, and placement of signs be minimized and that oversized signs which dominate the building or site be prohibited. The 45 foot high, double pole sign is three times the height of the existing building. Pole signs are allowed in the CG-1 land use zoning district for parcels with at least 300 feet of freeway frontage, provided the signs do not exceed 125 square feet in size nor 25 feet in height. The requested double pole sign exceeds the size and height of an allowable freeway sign even though the site lies 1,500 feet to the northeast of the I-215 freeway with no freeway frontage. The proposed signs are categorically exempt from CEQA under a Class 11 exemption. Pursuant to Section 15311 of the CEQA guidelines, Class 11 exemptions include the construction or placement of minor structures appurtenant to existing commercial facilities, including on-premise signs as proposed by this variance request. Mayor Pro Tem Reilly opened the hearing. COUNCIL MEMBER HERNANDEZ RETURNED At 4: 00 p.m., Council Member Hernandez returned to the Council meeting and took his place at the council table. In a letter dated December 3, 1992, Thomas Woolrich, 1735 Corbett Highlands Place, Arroyo Grande, CA, stated that he is the owner of the property at 950 South "E" Street, San Bernardino, CA, where Jose's Mexican food is located. He spoke in support of Mr. Jara and his business, and requested that a variance be granted so that the pole sign can be used to generate customers for the business. Mr. Jose Jara, 37558 county Line Road, Yucaipa, CA, stated that he spoke to staff in Planning and Building Services regarding whether the double pole sign could be used and was told that since there were not going to be structural changes to the building, or a change in the type of business, he would be able to use the sign. He stated that there have been other similar large pole signs approved through the variance process in the 38 12/7 /92 past few years, and felt that since this is a legally erected non-conforming sign that he should be able to use the sign. He felt that he had been given inaccurate information by staff when he was told that all he had to do was apply for a variance to obtain approval for the use of the sign. COUNCIL MEMBER At 4:05 p.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the Discussion ensued regarding the need to amend the sign portion of the Development Code so that it would be more practical and flexible for the reuse of existing signs that are maintained. Council Member Minor made a motion, seconded by Council Member Miller, that the hearing be closed; and that Variance No. 92-20 be approved in concept and continued to December 21, 1992, in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California, and that staff be directed to prepare findings of fact and conditions of approval to support that determination. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Maudsley, Pope-Ludlam, Miller. Council Member Minor. Absent: Council Member Estrada. Council Nays: RECESS MEETING At 4:29 p.m., Mayor Pro Tem Reilly declared a five-minute recess. RECONVENE MEETING At 4:35 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 Deputy city Clerk Vale with the following being present: Mayor Pro Tem Reilly; Council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; Deputy City Attorney Empeno, Deputy City Clerk Vale. Absent: Mayor Holcomb; Council Member Estrada. PUBLIC HEARING - SPECIFIC PLAN NO. AMENDMENTS NO. 92-09 & 92-12 AMENDMENT NO. 92-09 92-01 - GENERAL PLAN DEVELOPMENT CODE (38) This is the time and place set for a public hearing to consider the University Business Park Specific Plan for 38 parcels located within the University Business Park, and accompanying General Plan and Development Code Amendments. 39 12/7 /92 In a memorandum dated November 12, 1992, Al Boughey, Director of Planning and Building Services, stated that the recommended resolutions and ordinance approve the Specific Plan and incorporate the Specific Plan into the Development Code. The Specific Plan for University Business Park establishes three new land use designations, permitted uses, preferred uses for six parcels, and development standards for 38 parcels in the University Business Park. The General Plan Amendments change the land use designations from CG-1, Commercial General, and IL, Light Industrial, to university Business Park (UBP) 1, 2 and 3; and amend the text of the General Plan to establish goals, policies and objectives for the UBP-1, 2, and 3 designations. In 1970, the State College Industrial Park was established in the State College Redevelopment plan. On June 2, 1989, the Mayor and Council adopted the General Plan which established land use designations and permitted uses city-wide. On September 24, 1992, the Environmental Review Committee determined an Environmental Impact Report for the project was not necessary, and recommended adoption of a negative declaration. On September 24, 1992, the Specific Plan was presented to the Development Review Committee which recommended approval of the Specific Plan. On November 4, 1992, the Planning Commission recommended approval of the Specific Plan. The Specific Plan permits a broader range of uses permitted on the parcels located within the boundaries of the Specific Plan. A combination of uses are allowed within the Commercial General and Light Industrial designations. The UBP-1 land use designation is located toward the rear of the University Business Park, and permits light industrial uses, with or without ancillary outdoor storage not visible to the public. The UBP-2 land use designation is located at the entrance to the business park and allows for general commercial uses, and established preferred uses for six parcels along Hallmark Parkway, if the preferred uses are not developed on these parcels, any other use permitted is the UBP-2 designation would be allowed. And, the UBP-3 land use designation is located along MacArthur Boulevard, the uses permitted include general commercial, office, and a variety of light industrial, provided all work is conducted within completely enclosed buildings. The buildings would be large, stand alone structures, and multi-tenant commercial centers will not be allowed. Mayor Pro Tem Reilly opened the hearing. Al Boughey, Director of Planning and Building answered questions regarding the University Business Plan. Services, Specific Deputy city Attorney Empeno explained that a specific plan is utilized when staff and the applicant agree to recognize the 40 12/7 /92 unique aspects of a given area. Charles Schultz, representing Reid and Hellyer, 599 North Arrowhead, San Bernardino, CA, explained that the only major difference from normal City standards is that the specific plan would permit two 24 hour, self service gasoline stations with ancillary mini-markets in close proximity to each other in order to serve the high demands of freeway travelers through the area. Council Member pope-Ludlam made a motion, seconded by Council Member Hernandez, and unanimously carried, that the public hearing be closed. RES. 92-459 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 92-09 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (38-A) RES. 92-460 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 92-12 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (38-8) RES. 92-461 - RESOLUTION OF THE CITY OF SAN BERNARDINO TO ADOPT THE NEGATIVE DECLARATION AND TO ADOPT SPECIFIC PLAN NO. 92-01, UNIVERSITY BUSINESS PARK. (38-C) 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. First (38-D) Council Member Miller made a motion, seconded by Council Member Minor, that the Mayor and Common Council adopt the resolution approving General Plan Amendment No. 92-09 to modify the text of the General Plan to incorporate three new land use designations and to establish goals, policies and objectives for them; and adopt the resolution approving General Plan Amendment No. 92-12 to modify the land use map to change the designation within the Specific Plan area; and adopt the resolution approving Specific Plan No. 92-01 for University Business Park and adopt the negative declaration; and waive the first reading and lay over for adoption the ordinance approving Development Code standards and permitted uses into the Development Code. The motion Members Reilly, None. Abstain: Member Estrada. carried by the following vote: Ayes: Maudsley, Minor, Pope-Ludlam, Miller. Council Member Hernandez. Absent: Council Nays: .Council -. 41 12/7 /92 RES. 92-462 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, APPROVING A SETTLEMENT AGREEMENT AND MUTUAL RELEASE BY AND BETWEEN SCOTT SPECIALTY GASES, INC. AND THE CITY OF SAN BERNARDINO. (8-1) Council Member Pope-Ludlam made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 92-462 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Estrada. CITY ATTORNEY PENMAN RETURNED At 4:54 p.m., city Attorney Penman returned to the Council meeting and replaced Deputy City Attorney Empeno. RES. 92-463 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH DON NOMURA, RELATING TO THE USE OF FISCALINI FIELD. (8-2) John Kramer, Superintendent of Recreation, Parks, Recreation and Community Services, answered questions regarding the lease. CITY ADMINISTRATOR CLARK RETURNED At 4:56 p.m., city Administrator Clark returned to the Council meeting. Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 92-463 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope- Ludlam. Nays: Council Member Miller. Absent: Council Member Estrada. RES. 92-464 AUTHORIZING JOHNSON-SIMS COORDINATOR. - RESOLUTION OF THE CITY OF SAN BERNARDINO THE EXECUTION OF A CONTRACT WITH LUCY FOR SERVICES AS THE FAMILIES FOR LITERACY (S-3) Council Member Miller made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 92-464 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Estrada. CITY ATTORNEY BUDGET - APPROVE APPROPRIATION - GENERAL FUND RESERVE TO OUTSIDE ATTORNEY COSTS (S-4) In a memorandum dated December 4, 1992, Fred Wilson, 42 12/7 /92 Assistant city Administrator, stated that the City Attorney has requested that additional monies be authorized to fund outside attorney services and litigation expenses for the balance of the fiscal year. This item was discussed at the Council meeting on November 2, 1992. The purpose of this report is to provide the Mayor and Council with supporting financial information relative to the proposed transfer of General Fund reserve monies to the city Attorney's budget. The Mayor and Council had approved $1,604,670 as the city Attorney's budget for FY 1992/93. This budget included $205,615 for outside litigation services and $108,764 for litigation expenses. As of November 30, 1992, the city Attorney had expended $137,788 in outside attorney services and had a remaining balance of $67,827. with respect to the litigation expense account, $78,392 had been expended with a remaining balance of $30,372. According to the City Attorney $288,744 is currently outstanding in terms of unpaid outside attorney bills and other litigation expenses as of November 30, 1992. The first recommended motion would transfer $190,549 from the General Fund reserve into the two city Attorney accounts. This action would ensure payment for all outstanding bills as of November 30, 1992. It is difficult to project the exact amount of funds necessary to pay for all future outside attorney and litigation expenses for the balance of the fiscal year. Therefore, it is recommended that the Finance Director be authorized to draw down on a monthly basis the necessary funds from the General Fund reserve to pay all outside attorney and litigation expenses that are incurred subsequent to November 30, 1992. The total amount of the drawdown is recommended not to exceed $200,000. In addition, if more than $200,000 in expenditures are incurred prior to the end of FY 1992/93, a supplemental appropriation request would be made to the Mayor and Common council. The Finance Director would provide a monthly status report of the expenditures to the Mayor and Common Council. The impact on the General Fund reserve if the City Attorney spends what was initially projected which is approximately $600,000 over the beginning FY 1992/93 budget, would be significant. The projected FY 1992/93 ending balance is estimated at $3 million. This fund balance figure would only be met if revenue and expenditure projections remain constant. A comprehensive analysis of the City's fiscal situation will be presented as part of the mid-year budget review although preliminary indications show that development revenues are down with no real expenditure savings in the departments since most positions which were vacant at the beginning of the fiscal year 43 12/7 /92 were not funded. The projection of $600,000 if it is met represents 20% of the anticipated General Fund balance. Attachment I is a five year summary of city Attorney departmental costs compared to total litigation case load which indicates that although the litigation caseload has remained static, the city Attorney's budget continues to increase. Attachment II is a comparison of staffing to the in-house caseload. City Attorney Penman distributed a memorandum recommending that the motions listed on the agenda be revised. In a memorandum dated November 16, 1992, Senior Assistant city Attorney Morillo, presented a chart outlining the annual breakdown of the staffing of the office, and the number of cases handled in-house and by outside counsel. Senior Assistant City Attorney Morillo explained that the two charts presented by the City Administrator's Off ice do not accurately reflect the department in terms of comparing staffing levels and department costs to caseload. city Attorney Penman explained that staffing levels have increased due to a decision made by the Mayor and Common Council that more cases should be managed by City staff. He explained that the situation is difficult because an evaluation cannot be made solely on the case load number, each case must be evaluated individually to determine the workload involved. He stated that many more cases were going to trial now than before due to a desire for the city to stop settling the majority of cases out of court. Discussion ensued regarding litigation expenses in the city information presented in the charts the city Attorney's Office. Council Member Miller made a motion, that 1) the Finance Director be instructed to transfer $190,549 from the General Reserve to the following city Attorney budget accounts: Litigation Outside Attorney (001-051-53049) $115,955; and Litigation (001-051-53050) $74,594, to fund all outstanding services reflected in requests for payment dated on or before December 4, 1992; 2) that the Finance Director be instructed to draw down on a monthly basis the necessary funds from the General Fund reserve to fund outside attorney bills and litigation expenses reflected in requests for payment dated on or after December 7, 1992; and that the total amount of the draw down shall not exceed $200,000 without further action of the Council; and 3) that all requests for payment for bills for outside counsel services and litigation expenses be submitted by the city the outside attorney Attorney's Office, and by the city Administrator and the and 44 12/7/92 Attorney's Office to the Mayor and Council for review in closed session upon transmittal to the Finance Department. The motion failed for lack of a second. council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that 1) the Finance Director be instructed to transfer $190,549 from the General Reserve to the following City Attorney budget accounts: Litigation outside Attorney (001-051-53049) $115,955; and Litigation (001-051-53050) $74,594, to fund all outstanding services reflected in requests for payment dated on or before December 4, 1992; 2) that the Finance Director be instructed to draw down on a monthly basis the necessary funds from the General Fund reserve to fund outside attorney bills and litigation expenses reflected in requests for payment dated on or after December 7, 1992; and that the total amount of the draw down shall not exceed $200,000 without further action of the council; and 3) to continue the recommendation that all requests for payment for bills for outside counsel services and litigation expenses be submitted by the City Attorney's Office to the Mayor and Council for review in closed session upon transmittal to the Finance Department to a later meeting, in the Council Chambers of city Hall, 300 North "D" street, San Bernardino, California. ADJOURNMENT At 5:43 p.m., Monday, December 21, 300 North "D" Street, (39) the meeting was adjourned to 8:30 1992, in the Council Chambers of City San Bernardino, California. a.m. , Hall, RACHEL CLARK City Clerk L";/ / . 'Z/ By /'ot it:: {H &? i....V /...-<;2- Melanie Vale Deputy city Clerk -(/~ No. of Items: 60 No. of Hours: 9 45 12/7 /92