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HomeMy WebLinkAbout01-07-1991 Minutes City of San Bernardino, California January 7, 1991 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 8:33 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludl~m,. )Miller; City Attorney Penman, City Clerk Krasney, City Adm~rator Edwins. Absent: None. RECESS MEETING - CLOSED SESSION (l) At 8:33 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: a. to give instruction to the CitY's/Commission's negotiator on the purchase of property pursuant to Government Code Section 54956.8. The real property which the negotiations concern is generally located at: . , b. to consider personnel matters pursuant to Government Code Section 54957; c. to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6; d. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities pursuant to Government Code Section 54957; e. to confer with the li tigation pursuant to 54956.9(b)(l), as there litigation; attorney regarding pending Government Code Section is significant exposure to 1 l/7/9l f. to confer with the attorney regarding li tigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending Section decide g. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section 54956.9(a) as follows: Citv of San Bernardino vs. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239l93; Stubblefield Construction Company. et al vs. Citv of San Bernardino. et al - San Bernardino Superior Court Case No. 232998; San Bernardino Superior Court Case No. 252058; Sock Dawson. et al vs. City of San Bernardino. et al- United States District Court Case No. SA 88-46l AHS (RWRx); Charlotte Bernardino E007031; Reynolds Superior vs. Citv of Court Case No. San Bernardino 248752 and Case San No. Save San Bernardino vs. City of San Bernardino San Bernardino Superior Court Case No. 250425; City of Redlands vs. Inland Valley Development Aaencv, et al - San Bernardino Superior Court Case No. 255222; City of San Bernardino vs. Deukmejian. et al San Bernardino Superior Court Case No. 256623; Countv vs. Citv of San Bernardino (RDA) - San Bernardino Superior Court Case No. 25824l; Frank Vasauez vs. Ci tv of San Bernardino - San Bernardino Superior Court Case No. 2524ll; Delores Wilson vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 252224; City of Indians. 6899 WJR San et al (Bx) . Bernardino vs. San Manuel Band of Mission - United States District Court - Case No. 85- 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. 2 l/7/9l ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: None. Also present: Senior Assistant City Attorney Barlow, Deputy City Attorney Simmons, Lorraine Velarde, Executive Assistant to the Mayor. READING OF RESOLUTIONS AND ORDINANCES Deputy City Clerk Jones read the titles of all the resolutions and ordinances on the regular, supplemental and Community Development agendas while the Council was in closed session. DEPUTY CITY ATTORNEY SIMMONS EXCUSED Deputy City Attorney Simmons left the closed session. PARKS, RECREATION & COMMUNITY SERVICES DIRECTOR RAMOS AND RECREATION SUPERINTENDENT KRAMER ARRIVED Annie Ramos, Director of Parks, Recreation and Community Services, and John Kramer, Recreation Superintendent, arrived at the closed session. PARKS, RECREATION & COMMUNITY SERVICES DIRECTOR RAMOS AND RECREATION SUPERINTENDENT KRAMER EXCUSED Annie Ramos, Director of Parks, Recreation and Community Services, and John Kramer, Recreation Superintendent, left the closed session. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the closed session. ADJOURN CLOSED SESSION At 9:25 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 9:30 a.m., Mayor Holcomb called the Regular Meeting to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Pope- Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Member Estrada. 3 l/7/9l INVOCATION Invocation was given by Rev. Gene Fenton, Trinity Lutheran Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Miller. ANNOUNCEMENT BY MAYOR - PRISCILLA PALACIOS - HONORARY MAYOR (2) Mayor Holcomb introduced twelve year old Priscilla Palacios, who has been designated as honorary mayor for the day. Priscilla was being recognized for her outstanding performance as a student at Riley Elementary School. PRESENTATION - PARAMEDIC PROGRAM AWARD - CRAFTON HILLS COLLEGE (4) Council Member Flores stated that he attended graduation ceremonies at Crafton Hills College and the City was presented with an award for its participation in the Paramedic Program. Council Member Flores presented this award to Mayor Holcomb. Mayor Holcomb, in turn, presented the award to Fire Chief Wright on behalf of his employees who participated in the Paramedic Program. Fire Chief Wright was present to accept the award. ANNOUNCEMENT BY MAYOR - MEETING WITH COUNTY BOARD OF SUPERVISORS REGARDING COLLECTION OF BOOKING FEES (2 ) Mayor Holcomb stated that at lO:OO a.m., January 7, 1991, the County Board of Supervisors will be meeting to officially adopt SB 2557, authorizing the County to charge cities for the booking of prisoners. He stated that the City has already received a bill from the County for the period July l, through October 3l, 1990, for 2,8l0 billable bookings. The total bill for this period is $345,349.00. Mayor Holcomb stated that SB 2557 is extremely controversial and that many cities throughout the State will be asking the Legislature to repeal the bill. Mayor Holcomb suggested that the County Board of Supervisors impose business license fees and utility taxes on all unincorporated areas as a more equitable way of offsetting the County's deficit. He stated that the Los Angeles County Board of Supervisors has already imposed these fees. ANNOUNCEMENT BY MAYOR - CLOSING OF CITY HALL DURING CHRISTMAS VACATION (2) Mayor Holcomb stated that during the Christmas vacation period from December 25, 1990 through January l, 1991, City Hall was practically deserted. He stated that there were some business people trying to transact business but were unable to do 4 l/7/9l so as key employees were on vacation. Mayor Holcomb stated that he will be requesting the City Administrator to prepare a study on the feasibility of closing down City Hall during the Christmas vacation which will save a substantial amount of money. Employees will be required to use their vacation or flex-time during the time that City Hall is closed. City Administrator Edwins answered questions, stating that the City would save approximately $53,000 per day in salary savings if City Hall closed down during the Christmas vacation. ANNOUNCEMENT BY COUNCIL MEMBER REILLY - GRAND OPENING OF SMART & FINAL - BASELINE AND ARROWHEAD AVENUE (2) Council Member Reilly announced that the grand opening of Smart and Final, will take place on January l4, 1991, in the Baseline and Arrowhead Shopping Center. ANNOUNCEMENT BY COUNCIL MEMBER VACANCY CONTROL Council Member Flores stated that proposal to the Mobilehome Rent Review 1991, at 3:00 p.m., to add vacancy mobilehome rent control ordinance. FLORES MOBILEHOME (2 ) he will be presenting a Committee on January l5, control to the current COUNCIL MEMBER ESTRADA ARRIVED At 9:44 a.m., Council Member Estrada arrived at the Council Meeting and took her place at the council table. ANNOUNCEMENT BY COUNCIL MEMBER MAUDSLEY - LYNWOOD AND VICTORIA BRIDGE (2) Council Member Maudsley announced the construction of a new bridge located on Lynwood and Victoria Avenue. ANNOUNCEMENT BY COUNCIL MEMBER MINOR ELEMENTARY SCHOOL - PALM AVENUE NORTH OF VERDEMONT MEYERS ROAD (2 ) the Verdemont Road, is under He thanked the cooperation and Council Member Minor announced that Elementary School on Palm, north of Meyers construction and will be ready for use in 1992. San Bernardino Unified School District for their efforts in seeing this project completed. ANNOUNCEMENT BY COUNCIL MEMBER MINOR - ROUTE 66 (2) Council Member Minor stated that the State of California is in the process of returning ownership of Route 66 (Kendall Drive) to the City of San Bernardino in order that the City can better provide safety control along Kendall Drive. 5 l/7/9l ANNOUNCEMENT BY COUNCIL MEMBER MINOR - WIDENING OF 40TH STREET (2) Council Member Minor stated that the process of widening 40th Street has commenced. He stated that 40th Street will be widened and beautified between Kendall and Mountain View. ANNOUNCEMENT BY COUNCIL MEMBER MINOR PROPOSED DEVELOPMENT OF MOTEL - HIGHLAND AVENUE AND "H" STREET (2 ) Council Member Minor stated that construction of a motel is being proposed on Highland Avenue near "H" Street. He explained that residents of the area do not want a motel in their neighborhood and requested, on behalf of his constituents, that the developers of the proposed motel submit a more innovative idea for development of that property or seek another location to build the motel. ANNOUNCEMENT BY COUNCIL MEMBER POPE-LUDLAM NEW SHOPPING CENTER - BASELINE STREET AND MEDICAL CENTER DRIVE (2) Council Member Pope-Ludlam announced that there will be ground breaking ceremonJ.es on March l7, 1991, for the new shopping center to be located on the corner of Baseline Street and Medical Center Drive. ANNOUNCEMENT BY COUNCIL MEMBER POPE-LUDLAM SENIOR CITIZEN HOUSING PROJECT l6TH STREET AND MEDICAL CENTER DRIVE (2) Council Member Pope-Ludlam announced the construction of a Senior Citizens project located on l6th Street and Medical Center Drive. She also stated that Community Hospital will be ready to start construction of their professional medical building soon. ANNOUNCEMENT BY COUNCIL MEMBER MILLER - WELLS Council Member Miller stated that the two wells located in the Seventh Ward will be replaced operation within two to five years. CONTAMINATED (2 ) contaminated and back in ANNOUNCEMENT BY COUNCIL MEMBER PROGRAM Council Member Miller stated that there will recycling program available within the next few residents living in the Seventh Ward. MILLER - PILOT RECYCLING (2) be a pilot months for 6 l/7/9l ANNOUNCEMENT BY COUNCIL MEMBER MILLER PROPERTY MAINTENANCE (2) Council Member Miller urged residents in the Seventh Ward to continued to maintain their properties according to the standards established in the City's property maintenance ordinances. She encouraged those who are unable to maintain their property to seek financial assistance provided by the City. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 9:53 a.m., Council Member Pope-Ludlam left the council meeting. ANNOUNCEMENT BY COUNCIL MEMBER ESTRADA DOWNTOWN SECURITY (2) Council Member Estrada reported to the residents of the First Ward that last year, the City authorized the use of Parking District money to provide additional security in the downtown area. ANNOUNCEMENT BY COUNCIL MEMBER ESTRADA - CENTRAL CITY SOUTH (2) Council Member Estrada announced the possibility of a recreational project coming into the Central City South area of the City. COUNCIL MEMBER At 9:54 a.m., Council Meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the ANNOUNCEMENT BY COUNCIL MEMBER ESTRADA - STREETSCAPE DOWNTOWN AREA ( 2 ) Council Member Estrada stated that the Streetscape Program in the downtown area is close to fruition. This program will provide improvements for the immediate downtown area. ANNOUNCEMENT BY COUNCIL MEMBER DEVELOPMENT PROJECT AREA Council Member Estrada announced to prepare a specific plan for the Mt. Area. ESTRADA - MT. VERNON (2 ) that a team will be formed Vernon Development Project ANNOUNCEMENT BY COUNCIL MEMBER ESTRADA - NORTON AIR FORCE BASE (2) Council Member Estrada reported that plans for the proposed World Trade Center designated for the Norton Redevelopment Project Area are progressing very well. PUBLIC COMMENTS - SUSAN JOHNSON - SAN BERNARDINO COUNTY BOOKING FEES (3) Susan Johnson, Director of Neighborhood Watch of Area Sundance Drive, San Bernardino, spoke in opposition to provisions of SB 2557, which authorizes the County of "D", the San 7 l/7/9l Bernardino to charge cities for booking prisoners in County facilities. She presented to Mayor Holcomb a petition, containing signatures of residents of the City opposing SB 2557, to be presented at the County Board of Supervisors meeting at lO:OO a.m., January l4, 1991. PUBLIC COMMENTS - JOHN LONERGAN - STREETS CAPE DOWNTOWN AREA (3) John Lonergan, World Realty, Co., spoke regarding the Main Street Project for Streets cape in the downtown area. He disagreed with the type of tree species proposed for replacement of existing trees. Mr. Lonergan complained regarding lack of sufficient notice regarding Council action on the Streetscape Program. He referred to several letters he had submitted requesting an opportunity to speak before the Mayor and Council. City Attorney Penman advised Mr. Lonergan that he could be heard later in the meeting as his comments directly relate to Item No. II on the Council's agenda. (See page l2) MAYOR HOLCOMB EXCUSED At lO:OO a.m., Mayor Holcomb left the Council Meeting and the duties of Mayor were assumed by Mayor Pro Tempore Miller. WAIVE READING OF RESOLUTIONS AND ORDINANCES (5) Council Member Flores made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas be waived. COUNCIL MINUTES (6) Council Member Flores made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the minutes of the Mayor and Common Council of the City of San Bernardino dated November, 26, 1990, be approved as submitted in typewritten form. INSTALLATION OF STORM DRAIN IN MEYERS ROAD FROM LITTLE LEAGUE DRIVE TO MEYERS CREEK - APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS (7) In a memorandum dated December l7, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that plans for construction of a storm drain in Meyers Road, from Little League Drive to Meyers Creek, were prepared by a consultant working for the San Bernardino City Unified School District. These plans and specifications were submitted to the City to accomplish construction of the master plan storm drain to protect the north Verdemont Elementary School site from flooding. On December 19, 1989, the City and the San Bernardino City Unified School District entered into an agreement with terms which provide that the School District shall pay for the construction of the storm drain and reimburse the City over a 8 l/7/9l period of five years. The payback is to be made in five equal installments without interest. The total estimated project cost is $23B,000.00. Council Member Flores made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the plans for installation of a storm drain in Meyers Road, from Little League Drive to Meyers Creek, in accordance with Plan No. Bl06, be approved, and the Director of Public Works/City Engineer be authorized to advertise for bids. INSTALLATION OF STREET NAME SIGNS IN CENSUS TRACTS NO. 59, 60, 64, 65 AND 72 APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS (B) In a memorandum dated December ll, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that plans for installing new street name signs in Census Tracts No. 59, 60, 64, 65 and 72 have been prepared and the project is ready to be advertised for bids. Street name signs will be installed on the following streets at a total estimated project cost of $47,500.00: Name Limits Fifth Street Ninth Street Arrowhead Avenue Baseline Street Carnegie Drive Central Avenue Sterling Avenue Preston Street to Del Rosa Drive Orange Show Road to Hilda Court Bobbett Drive to Yates Street Vanderbilt Way to Brier Drive Arrowhead Avenue to Tippecanoe Avenue Hunts Lane to Second Street Huff Street to Second Street "H" Street to Mill/"E" Street "H" Street to Tippecanoe Avenue "G" Street to Lena Road Rosewood Drive to Benedict Road Dumas Street to Orange Street Sunwest Lane to Carnegie Drive "E" Street "G" Street Inland Center Drive Mill Street Rialto Avenue Tippecanoe Avenue Waterman Avenue Hospitality Lane Council Member Flores made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the plans for installation of street name signs in Census Tracts No. 59, 60, 64, 65 and 72, in accordance with Plan No. B346, be approved, and the Director of Public Works/City Engineer, be authorized to advertise for bids. CHANGE ORDER NO. ONE INSTALLATION OF SEWER MAIN- CONSTRUCTION OF STORM DRAIN - REDLANDS BOULEVARD, FROM HUNTS LANE TO WATERMAN AVENUE - CORNISH CONSTRUCTION COMPANY, INC. (9) In a memorandum dated December l3, 1990, Roger G. Hardgrave, 9 l/7/91 Director of Public works/City Engineer, stated that plans for the installation of a storm drain in Redlands Boulevard, from Hunts Lane to Waterman Avenue, show a conflict with an existing sewer lateral. During construction, a second lateral was found that was not shown on the plans nor included in the City's records. Change Order No. One would authorize the contractor, Cornish Construction Company, Inc., to install 455 lineal feet of 8- inch sewer main in Redlands Boulevard. Mr. Hardgrave presented an alternate plan but recommended approval of Change Order No. One. Council Member Flores made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that Change Order No. One to the contract with Cornish Construction Company, Inc., for the construction of a storm drain in Redlands Boulevard, from Hunts Lane to Waterman Avenue, in accordance with Plan No. 8072, be approved, to direct the contractor to install 455 feet of 8- inch sewer main, for an increase in the contract price not to exceed $l9,500.00, from $330,000.00 to $349,500.00. CONSTRUCTION OF 36-INCH STORM DRAIN - MILL STREET FROM "E" STREET TO WARM CREEK FLOOD CONTROL CHANNEL- ADOPTION OF NEGATIVE DECLARATION AND FINDING OF CONSISTENCY WITH UTILITIES ELEMENT OF GENERAL PLAN (lO) In an undated memorandum, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that the negative declaration for Public Works Project No. 90-29 was recommended for adoption by the Environmental Review Committee at its meeting of October 25, 1990. A 2l-day public review period was afforded from November l, 1990 through November 2l, 1990. No comments were received. Public Works Project No. 90-29 allows for the construction of a 36-inch storm drain with auxiliary catch basins and connector pipes, paving, curbing replacement and relocation of traffic signals along Mill Street extending eastward from "E" Street to Warm Creek Flood Control Channel. Council Member Flores made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the negative declaration for Public Works Project No. 90-29, construction of a 36-inch storm drain in Mill Street, from "E" Street to Warm Creek Flood Control Channel, be adopted. Council Member Flores made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that a finding be made that the construction of a 36-inch storm drain in Mill Street, from "E" Street to Warm Creek Flood Control Channel is consistent with the utilities element of the General Plan. lO l/7/9l WIDENING OF EXISTING BRIDGE ON "E" STREET OVER SANTA ANA RIVER - INSTALLATION OF TRAFFIC SIGNALS AT "E" STREET AND FAIRWAY DRIVE ADOPTION OF NEGATIVE DECLARATION AND FINDING OF CONSISTENCY WITH CIRCULATION ELEMENT OF GENERAL PLAN (l3) In a memorandum dated December 7, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that the negative declaration for Public Works Project No. 89-39 was recommended for adoption by the Environmental Review Committee at its meeting of November l, 1990. A 2l-day public review period was afforded from November 8, 1990 through November 28, 1990. No comments were received. Public Works the existing "E'l installation of Street. Project No. 89-39, allows for the widening of Street bridge, along the west side, and a traffic signal at Fairway Drive and "E" Council Member Flores made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the negative declaration for Public Works Project No. 89-39, widening of the existing bridge on "E" Street over the Santa Ana River and installation of a traffic signal at "E" Street and Fairway Drive, be adopted. Council Member Flores made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the widening of the existing bridge on "E" Street over the Santa Ana River and installation of a traffic signal at "E" Street and Fairway Drive, is consistent with the circulation element of the General Plan. CLAIMS AND PAYROLL Council Member Flores made a Member Pope-Ludlam, and unanimously payrolls, and the authorization to the memorandum dated December 27, Finance, be approved. (14) motion, seconded by Council carried, that the claims and issue warrants as listed on 1990, from the Director of PERSONNEL ACTIONS (l5) Council Member Flores made a motion, seconded by Council Member pope-Ludlam, and unanimously carried, that the personnel actions submi tted by the Chief Examiner, dated December 26, 1990, in accordance with all administrative regulations of the City of San Bernardino, be approved. RES. 9l-l - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 TO THE AGREEMENT WITH BRIAN WINKING AND JAMES A. CRAMER RELATING TO THE OPERATION OF A TENNIS PRO SHOP AT PERRIS HILL PARK, TO DELETE BRIAN WINKING AS A LICENSEE AND TO EXTEND THE TERM OF THE AGREEMENT FOR AN ADDITIONAL ONE YEAR PERIOD. (l6) 11 l/7/9l RES. 91-2 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A BOUNDARY FOR A PORTION OF THE WEST SIDE OF WATERMAN AVENUE BETWEEN 3RD STREET AND 4TH STREET AND DEDICATION OF SAME FOR STREET AND HIGHWAY PURPOSES. (l7) RES. 9l-3 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. l4346, LOCATED ON THE WEST SIDE OF EUCALYPTUS AVENUE, APPROXIMATELY 350 FEET NORTH OF RANDALL AVENUE, AND ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (l8) RES. 9l-4 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO LEASE WITH THE UNITED STATES OF AMERICA (ARMY RESERVE) PERTAINING TO A MODIFICATION OF THE LEGAL DESCRIPTION IN THE LEASE OF CITY OWNED PROPERTY SITUATED AT 296 E. THIRD STREET, IN THE CITY OF SAN BERNARDINO. (l9) RES. 9l-5 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO FONTANA PAVING, INC. FOR PAVEMENT REHABILITATION ON BASELINE STREET, FROM MEDICAL CENTER DRIVE TO CRESTVIEW AVENUE. (20) Council Member Flores made a motion, seconded by Council Member Pope-Ludlam, that said resolutions be adopted. Resolution Nos. 9l-l, 91-2, 9l-3, 9l-4, and 9l-5 were adopted by the following vote: Ayes: Council Members, Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. INSTALLATION OF NEW TREES, AUTOMATIC IRRIGATION SYSTEMS, ORNAMENTAL STREET LIGHTING AND GRAY COBBLESTONE PAVERS WITHIN MAIN STREET PROJECT AREA BETWEEN 2ND STREET AND 6TH AND "E" STREETS TO ARROWHEAD AVENUE - ADOPTION OF NEGATIVE DECLARATION AND FINDING OF CONSISTENCY WITH CIRCULATION ELEMENT OF GENERAL PLAN (11) In a memorandum dated December 7, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that the negative declaration for Public Works Project No. 90-28 was recommended for adoption by the Environmental Review Committee at its meeting of November l, 1990. A 2l-day public review period was afforded from November 8, 1990 through November 28, 1990. No comments were received. l2 l/7/9l Public Works Project No. 90-28, allows for removal of several existing trees, installation of new trees and automatic irrigation systems, new ornamental street lighting, new gray cobblestone pavers along the streets located in the Main Street Project Area located between 2nd and 6th Streets and between "E" Street and Arrowhead Avenue. Mr. John Lonergan, who spoke under public comments earlier in the meeting, expressed his concerns regarding the species of trees selected for replacement of existing trees in the Streetscape Project Area. Mr. Lonergan presented several recommendations as follows: l. That the Council reconsider its action taken October l5, 1990, for approval of the design concept for the Streetscape Program. 2. That the Council reconsider this matter only after a special public hearing has been scheduled to afford the public an opportunity to comment on the project. 3. That no Council action be taken on today's agenda item. City Attorney Penman explained that the Main Street Project Committee is willing to discuss a specific type of tree to replace the recommended trees outlined in the staff report. A discussion ensued regarding adequate public notice being afforded to the public on this matter. Roger Hardgrave, Director of answered questions regarding the adoption of negative declarations. Public Works/City Engineer, notification process for Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that the negative declaration for Public Works Project No. 90-28, installation of new trees, automatic irrigation systems, ornamental street lighting and gray cobblestone pavers within the Main Street Project Area, be adopted. Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that a finding be made that the installation of new trees, automatic irrigation systems, ornamental street lighting and gray cobblestone pavers within the Main Street Project Area, is consistent with the circulation element of the General Plan. 13 l/7/91 INSTALLATION OF STORM DRAIN ON GROUNDS OF PIONEER CEMETERY NORTHEAST CORNER OF SIERRA WAY AND 7TH STREET - ADOPTION OF NEGATIVE DECLARATION AND FINDING OF CONSISTENCY WITH UTILITIES ELEMENT OF GENERAL PLAN (l2) In a memorandum dated December ll, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that the negative declaration for Public Works Project No. 90-39 was recommended for adoption by the Environmental Review Committee at its meeting of November 8, 1990. A 2l-day public review period was afforded from November l5, 1990 through December 5, 1990. Comments were received from Lester Ross, of the Archaeological Information Center at the San Bernardino County Museum, concerning possible cultural or archaeological artifacts that might be disturbed by this project. Public Works Project No. 90-39 allows for the installation of a storm drain in an existing unlined ditch on the grounds of Pioneer Cemetery, located at the northeast corner of Sierra Way and Seventh Street. City Attorney Penman expressed concerns of the negative declaration for Public Works as excavating proceedings may disturb archeological artifacts at the cemetery. regarding approval Project No. 90-39, the cultural or Roger Hardgrave, Director of answered questions and assured excavating proceedings would not grounds of Pioneer Cemetery. Public Works/City Engineer, the Mayor and Council that disturb the artifacts on the Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the negative declaration for Public Works Project No. 90-39, installation of a storm drain in an existing ditch on the grounds of Pioneer Cemetery, located at the northeast corner of Sierra Way and 7th Street, be adopted. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that a finding be made that the installation of a storm drain in an existing ditch on the grounds of Pioneer Cemetery, located at the northeast corner of Sierra Way and 7th Street, is consistent with the utilities element of the General Plan. PROTEST HEARING RESOLUTION ORDERING VACATION OF NORTH/SOUTH ALLEY - WEST OF WATERMAN AVENUE, BETWEEN 27TH STREET AND ALEXANDER STREET CONTINUED FROM DECEMBER lO, 1990 (2l) This is the time and place continued to for a protest hearing and adoption of a resolution ordering vacation of a north/south alley, west of Waterman Avenue, between 27th Street l4 l/7/9l and Alexander Street. In a memorandum dated November l3, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that a request was received from Freddie Spellacy, of Spellacy and Associates, and one of three adjoining owners, to vacate the north/south alley, west of Waterman Avenue, between 27th Street and Alexander Street, in an effort to protect tenants from speeding cars, drug sales, trash dumping, and other unauthorized/ illegal use of the alley. RES. 9l-6 - RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF THE NORTH/SOUTH ALLEY, WEST OF WATERMAN AVENUE, BETWEEN 27TH STREET AND ALEXANDER AVENUE, IN THE CITY OF SAN BERNARDINO AND RESERVING AN EASEMENT FOR SANITARY SEWER AND APPURTENANT FACILITIES AND PUBLIC UTILITY EASEMENTS. (2l) Mayor Pro Tempore Miller opened the hearing. Darryl Ashman, 286 E. Alexander, San Bernardino, California, spoke in opposition to the closure of the north/south alley between 27th Street and Alexander Street. He stated that closure of the alley would increase traffic congestion already existing on Waterman Avenue and would deprive residents of the use of the alley. Anne DeBolt, Real Property Specialist, Public Works Department, answered questions regarding the width of the alley and the type of easements which presently exist in the alley. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the hearing be closed and the findings of fact as set forth in the staff report from Roger G. Hardgrave, Director of Public Works/City Engineer, as to why that certain north/south alley, west of Waterman Avenue, between 27th Street and Alexander Street, is no longer necessary for street purposes, be adopted. Council Member Estrada made a motion, Member Pope-Ludlam, and unanimously carried, be adopted. seconded by Council that said resolution Resolution No. 9l-6 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 10:37 a.m., Council Member Pope-Ludlam left the Council Meeting. l5 l/7/9l PUBLIC HEARING - RESOLUTION ORDERING ANNEXATION NO. 346 - NORTH OF PACIFIC STREET, EAST OF STERLING AVENUE- LAFCO 262l - CONTINUED FROM DECEMBER lO, 1990 (22) This is the time and place continued to for a public hearing to consider adoption of a resolution ordering Annexation No. 346, LAFCO 262l, for the annexation of the territory generally located north of Pacific Street, east of Sterling Avenue. In a memorandum dated November 20, 1990, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that a petition was received from landowners within the area proposed for annexation who wished to receive City services. On November 5, 1990, Resolution No. 90-444 was adopted, setting a public hearing. All property owners owning land within the proposed territory were notified by mail of the hearing. RES. 9l-7 - RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THAT LESS THAN TWENTY-FIVE PERCENT OF PROTESTS BY REGISTERED VOTERS AND PROPERTY OWNERS HAVE BEEN FILED AND ORDERING ANNEXATION NO. 346 (LAFCO 262l) FOR THE TERRITORY GENERALLY LOCATED NORTH OF PACIFIC STREET, EAST OF STERLING AVENUE AND DETACHMENT FROM CSA 38, CSA 38 ZONE G, CSA 38 ZONE L, CSA 70, CSA 70 ZONE A AND CSA SL-l. (22) Mayor Pro Tempore Miller opened the hearing. Evelyn Kinney, 25758 l8th Street, San Bernardino, spoke in opposition to the annexation. Mrs. Mc Kinney adamantly stated she did not want to belong to the City. She questioned the validity of the petition presented by landowners opposing the annexation. Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding the qualification of the petition received from the landowners and explained the annexation process. A discussion ensued regarding the percentage of registered voters and landowners who protested the proposed annexation. City Clerk Krasney percentage of registered stating that approximately the annexation. answered questions voters protesting l7% of the property regarding the the annexation, owners protested Roger Hardgrave, Director of Public Works/City Engineer, explained that there were two types of protests received by the Ci ty. He stated that one of the petitions submitted indicated that it was by property owner and the other was by registered voter. Both petitions were checked and were found to contain approximately l7% of the registered voters and property owners. l6 l/7/9l A mJ.nJ.mum of 25% is required to terminate the annexation proceedings. City Attorney Penman explained the process required for an annexation to go to an election. Mrs. Kinney disagreed with the method qualify the petitions submitted by both registered voters. used by the City to the landowners and Benjamin Pessin, 2578l l7th Street, San Bernardino, questioned whether or not the landowners' and registered voters' petitions could be combined and counted as one. He contended that the City didn't inform those circulating the petitions that they could not be combined and counted as one opposing the annexation. Mr. Pessin pointed out numerous inaccuracies found in the registered voters list provided by the County Registrar of Voters Office. City Attorney Penman answered questions, stating that there is nothing in the law that permits the City to combine the landowners petition with the registered voters list. Mr. Pessin questioned how the City could arrive at a l7% figure when the City does not have an accurate list of registered voters to work from. City Administrator Edwins explained that the Registrar of Voters Office purges its lists by mail. After an election, a postcard is sent to the registered address and if the postcard comes back undeliverable, the registration is canceled. She stated that the Registrar of Voters Office may also purge its registration list after a voter has not voted in a Federal or State election. Mr. Pessin requested that action on this matter be continued to allow additional time for the signatures to meet the 25% minimum annexation proceedings. residents to requirement obtain more to terminate Les Fogassy, questions regarding apartment buildings dwellings. Sr. Real Property Specialist, answered why the City did not consider annexing the only instead of including single family Joe Crumb, 6822, Argyle Avenue, San Bernardino, spoke regarding inaccuracies in the Registrar of Voters list. l7 1/7/9l Beatrice Young, 25782 l8th Street, San Bernardino, stated that the petition she signed did not designate whether it was a voter list or property owner list. City Attorney Penman stated that by law the City has the right not to count the names, because the list did not properly identify registered voters or property owners. Don Young, 25782 l8th Street, San Bernardino, protested against being annexed into the City. City Attorney Penman explained that the main reason the City is interested in annexing the area is to provide better police protection to the area surrounding the Arden and Guthrie apartments north of Pacific Street, east of Sterling. He stated that both the County Code Enforcement and Sheriff's Office have informed the City that they are doing all they can to remove the criminal element in that area. He stated that by annexing this area into the City limits, the City will have authority to clean- up the criminal element in the area. Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that the public hearing to receive, consider and rule upon written protests in the matter of annexation of the territory generally located north of Pacific Street, east of Sterling avenue designated LAFCO 262l, be closed. Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolution be adopted. adopted by the following vote: Reilly, Flores, Maudsley, Miller. Absent: Council Member Pope- Resolution No. 9l-7 was Council Members Estrada, Council Member Minor. Ayes: Nays: Ludlam. RECESS MEETING At ll:07 a.m., Mayor Pro Tempore Miller declared a five- minute recess. RECONVENE MEETING At ll:l7 a.m., Mayor Pro Tempore Miller 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 with the Mayor Pro Tempore Miller; Council Flores, Maudsley, Minor, Miller; City Krasney, City Administrator Edwins. Council Member Pope-Ludlam. following being present: Members Estrada, Reilly, Attorney Penman, City Clerk Absent: Mayor Holcomb, l8 l/7/91 PUBLIC HEARING RESOLUTION MODIFYING FEES OF BUILDINGS, SPORTS FACILITIES, PARK AND RECREATION FACILITIES, ALCOHOL USE PERMITS, PARKS AND PARKING LOTS, EQUIPMENT AND SERVICES, AND STURGES AUDITORIUM (23) This is the time and place set for a public hearing to consider a resolution modifying fees for use of buildings, sports facilities, park and recreation facilities, alcohol use permits, parks and parking lots, equipment and services, and Sturges Auditorium. In a memorandum dated December l4, 1990, Annie F. Ramos, Director of Parks, Recreation and Community Services, stated that fees for use of Parks, Recreation and Community Services Department facilities and services have not been modified since November, 1986. In that time, costs for labor, utilities, custodial service and maintenance, and other associated costs have increased appreciably. Modification of fees is being proposed to enable full cost recovery from the user. Fees for use of Community Centers are based on the size of the room being rented. Costs for use of the Sturges Auditorium are also based on a similar formula. RES. 9l-8 - RESOLUTION OF THE CITY OF SAN BERNARDINO MODIFYING FEES FOR USE OF BUILDINGS, SPORTS FACILITIES, PARK AND RECREATION FACILITIES, ALCOHOL USE PERMITS, PARKS AND PARKING LOTS, EQUIPMENT AND SERVICES, AND STURGES AUDITORIUM AND ESTABLISHING A TRUST FUND ACCOUNT TO BE DESIGNATED THE "STURGES AUDITORIUM REPLACEMENT ACCOUNT", AND REPEALING RESOLUTIONS 80-44l, 86-3l6, 86-408, 87-l11, 88-307, 88-480 AND 89-500, AND AMENDING RESOLUTION 83-20l. (23) Mayor Pro Tempore Miller opened the hearing. Annie F. Ramos, Director of Parks, Recreation and Community Services, explained the new costs being proposed in the resolution. John Kramer, Recreation Supervisor, answered questions regarding comparisons in the Spirit's contract and the modified fees outlined in the proposed resolution. Mr. Kramer answered questions, stating that fees for use of gazebos during a two or three day fiesta would be determined by the hours of use per day. Mr. Kramer clarified the definition of weekend use for ballfield tournaments, stating that the period covered is Friday through Sunday. 19 l/7/9l A discussion ensued regarding whether or not the fees established in the resolution for use of the concession stand applies to Little League game events. Director Ramos stated that the proposed resolution does not apply to the standard Little League games, but applies to other uses beyond the regular Little League season or other organized types of uses. Mr. Kramer confirmed that the fees established for use of the concession stand is for adult sports. The usage of the concession stand is for someone who wishes to conduct a fund raiser or commercial tournament. Council Member Estrada suggested that a study be performed to determine the cost for renting the concession stand for fund raising events. City Attorney Penman answered questions regarding the ability to pull certain fees from the resolution at a later date. Council Member Flores made a motion, seconded Member Minor, and unanimously carried, that the closed; and that said resolution be adopted. by Council hearing be Resolution No. 9l-8 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Nays: None. Absent: Council Member Pope-Ludlam. CITY ATTORNEY PENMAN EXCUSED City Attorney Penman left replaced by Senior Assistant City the Council Meeting Attorney Barlow. and was COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY- REGULAR MEETING At ll:32 a.m., the Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order by Chairperson/Mayor Pro Tempore Miller in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The Council acting as the Commission took action on the Community Development/Redevelopment Agency agenda. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE DEVELOPMENT OF FINAL CONSTRUCTION PLANS FOR THE IMPROVEMENT OF FORTIETH STREET, FROM THIRD AVENUE TO ACRE LANE. (S-l) 20 l/7/9l Council Member Minor made a motion, seconded by Council Member Flores, and unanimously carried, that said resolution be continued to January 23, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. NOTICE OF UNCONTESTED ELECTIONS FOR THE POSITIONS OF CITY CLERK AND CITY ATTORNEY (S-2) In a memorandum dated January 2, 1991, Rachel Krasney, City Clerk, requested Council action regarding Notice Of Uncontested elections for the positions of City Clerk and City Attorney. She stated that on November 26, 1990, the Mayor and Council adopted Ordinance No. MC-76l relating to uncontested elections. Ordinance No. MC-76l ordains that if by 5 p.m., on the 63rd day prior to the day fixed for a regularly scheduled municipal election, no one or only one person has been nominated for any office which is elected on a citywide basis, the City Clerk shall submit a certificate of these facts to the Mayor and Council that it may at a regular or special meeting adopt one of the following courses of action: l) appoint to the office the person who has been nominated. 2) appoint to the office any eligible elector if no one has been nominated. 3) hold the election if either no one or only one person has been nominated. Council Member Minor made a motion, seconded by Council Member Reilly, and unanimously carried, to hold the election in both the City Attorney's and City Clerk's respective posts. COUNCIL MEMBER ESTRADA EXCUSED At ll:47 a.m., Council Member Estrada left the council meeting. PUBLIC MEETING - REVISION OF SECTION 1 OF RESOLUTION 90-2 RELATING TO INFRASTRUCTURE FEE FOR RIGHT-OF-WAY IMPROVEMENTS AND PUBLIC IMPROVEMENTS - CONTINUED FROM DECEMBER l7, 1990 (24) This is the time and place continued to for a public meeting to consider revision of Section 1 of Resolution 90-2 relating to infrastructure fee for right-of-way improvements and public improvements. RES. 9l-9 - RESOLUTION OF THE CITY OF SAN BERNARDINO REVISING SECTION 1 OF RESOLUTION 90-2 RELATING TO THE AMOUNT OF AN INFRASTRUCTURE FEE TO BE LEVIED FOR RIGHT- OF-WAY IMPROVEMENTS AND PUBLIC IMPROVEMENTS. (Continued from December l7, 1990) (24) 2l l/7/9l Mayor Pro Tempore Miller opened the hearing. Council Member Flores made a motion, seconded by Council Member Reilly, and unanimously carried, that the meeting be closed and said resolution be adopted. Resolution No. 9l-9, was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Miller. Nays: None. Absent: Council Members Estrada, Pope-Ludlam. RES. 9l-l0 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO PAXIN ELECTRIC, INC. FOR INSTALLATION OF HIGHWAY SAFETY LIGHTING ON WATERMAN AVENUE, FROM SECOND STREET TO NINTH STREET, AND VARIOUS DOWNTOWN LOCATIONS (Continued from December l7, 1990) (25) Council Member Reilly made a motion, seconded by Council Member Flores, that said resolution be adopted. Ayes: Nays: Resolution No. 9l-l0, was adopted by the following vote: Council Members Reilly, Flores, Maudsley, Minor, Miller. None. Absent: Council Members Estrada, Pope-Ludlam. COUNCIL MEMBER ESTRADA RETURNED At ll:49 a.m., Council Member Estrada returned to the Council Meeting and took her place at the council table. RES. 9l-ll - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING CERTAIN FEES FOR SERVICES FURNISHED BY THE SAN BERNARDINO POLICE AND FIRE DEPARTMENTS AND REPEALING RESOLUTION NO. 87-264. (26) Council Member Minor made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 9l-ll was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Nays: None. Absent: Council Member Pope-Ludlam. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER l5. 73 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO CERTIFICATION OF JOURNEYLEVEL PLUMBERS. FIRST (27) Council Member Minor made a motion, seconded by Council Member Flores, and unanimously carried, to continue further action on said ordinance until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (See page 28) 22 l/7/9l REIMBURSEMENT OF FUNDS TO CENTRAL CITY COMPANY MALL- INTERIOR PLANTER RENOVATION PROJECT. (29) In a memorandum dated December l2, 1990, Wayne Overstreet, Director of Facilities Management, stated that Central City Company and the City has, for the past four years, been in the process of accomplishing a major renovation and upgrade of Central City Mall in the public and private areas of the Mall. Central City Company has prepared modification and upgrade plans for the interior planter renovation which have been reviewed in detail by Parks and Recreation Division. Central City Company has agreed to contract for the work and coordinate all the renovation, subject to review and approval of the City for each step of the procedures. The City would only be required to reimburse Central City Company one third of the total project cost, not to exceed $7,000.00. Council Member Reilly made a motion, seconded by Council Member Estrada, and unanimously carried, that the Director of Finance be authorized to reimburse the Central City Company in an amount not to exceed $7,000 or l/3 of the cost of the Mall Interior Planter Renovation Project, whichever is less. ADOPTION OF VERDEMONT INFRASTRUCTURE FEE 1990/9l BUDGET (30) In a memorandum dated December 19, 1990, Roger G. Hardgrave Director of Public Works/City Engineer, provided a copy of the 1990-9l annual budget for Fund No. 255, Verdemont Infrastructure Improvement Fund. Mr. Hardgrave stated that the Verdemont Infrastructure Fee was established to accelerate the construction of streets, street lights, sidewalks and other improvements in the Verdemont area. However, several developers, mostly with approved tentative maps, requested that an alternate method be provided to finance the infrastructure fee. As a result of this request, a Mello-Roos Community Facilities District (CDF No. 995) was formed. Council Member Minor made a motion, Member Estrada, and unanimously carried, Infrastructure Fee, 1990/9l Budget (Fund No. seconded by Council that the Verdemont 255) be approved. RECESS MEETING At ll:52 a.m., Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that the Regular Meeting of the Mayor and Common Council of the City of San Bernardino recess to a luncheon workshop, in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California, to discuss the City's participation in a County Wide Park and Open Space District and to discuss the comprehensive strategy for use of 20% set aside funds tied in with Single Room Occupancy (SRO) dwellings. 23 l/7/91 RECONVENE MEETING At l2:30 p.m., Mayor Holcomb called the luncheon workshop to order in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; Senior Assistant City Attorney Barlow, City Clerk Krasney, City Administrator Edwins. Absent: Council Member Pope-Ludlam. LUNCHEON WORKSHOP DISCUSSION REGARDING THE COMPREHENSIVE STRATEGY FOR USE OF 20% SET ASIDE FUNDS TIED IN WITH SRO (SINGLE ROOM OCCUPANCY) (28B) This is the time and place set for a luncheon workshop to discuss the comprehensive strategy for use of 20% set aside funds tied in with Single Room Occupancy (SRO). Mayor Holcomb introduced Judith Lenthall, President of HomeAide, l330 Valley Vista, Diamond Bar, California, 9l765, a non-profit corporation sponsored by the Building Industry of Southern California, Inc., which assists the community homeless individuals. Judith Lenthall presented a video showing several hotels that have been refurbished and converted into Single Room Occupancy (SRO) units. She explained how the City of San Diego became involved in establishing SRO's to help with the homeless si tuation in the Ci ty. She stated San Diego's approach to helping with the homeless by establishing SRO's received national attention. Ms. Lenthall conducted a question and answer session regarding SROs in the City of San Diego. The Mayor and Common Council took no formal action on this matter. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE PROPOSED SAN BERNARDINO COUNTY PARK AND OPEN SPACE DISTRICT (28A) In a memorandum dated December 20, 1990, Annie Ramos, Director of Parks, Recreation and Community Services, presented an information packet for use in discussing the Park and Open Space District. Annie Services, District. Ramos, Director of Parks, Recreation and Community provided information on the Park and Open Space She stated that the District will provide funds for 24 l/7/91 park and recreation facilities in both incorporated and unincorporated areas. The funds received through the assessment district may be used for maintenance of current parks and recreation facilities as well as for acquisition and development of new facilities and rehabilitation of older parks and recreation areas. Gerry Newcombe, County Regional Parks Department, explained the advantages of participating in the proposed San Bernardino County Park and Open Space District. He stated that the proposed District would be formed for the general purpose of acquiring, preserving, protecting, developing, operating and maintaining open space, parks, recreation facilities and habitat conservation areas, as well as hiking, bicycle and equestrian trails. Revenue generated within the participant's boundaries will be divided fifty percent to the participant and fifty percent to the district. The assessment costs will be $36.00 per year. The Mayor and Common Council took no formal action. ANNOUNCEMENT BY MAYOR - PRISONER BOOKING FEES (2) Mayor Holcomb announced that the County Board of Supervisors has approved SB 2557 to charge cities for booking prisoners. He urged residents of the City to contact their local government representative to appeal SB 2557. Mayor Holcomb stated that the City has already received a bill from the County in excess of $300,000.00 that was not budgeted in the current fiscal year. APPEAL - PLANNING COMMISSION'S DENIAL - CONDITIONAL USE PERMIT NO. 89-4l - APPROVAL TO CONSTRUCT AND OPERATE AN OUTDOOR GO-CART TRACK - 2066 WEST FOOTHILL BOULEVARD- RANDY WYATT, JR - CONTINUED FROM DECEMBER l7, 1990(3l) This is the time and place continued to for an appeal of the Planning Commission's denial of Conditional Use Permit No. 89-4l to construct and operate an outdoor go-cart track located on 0.92 acres at 2066 West Foothill Boulevard, as requested by Randy Wyatt, Jr. In a memorandum dated November 28, 1990, Larry Reed, Director of Planning and Building Services, stated that the applicant, Randy Wyatt, Jr., is appealing the denial of Conditional Use Permit No. 89-4l to construct and operate an outdoor go-cart track at 2066 West Foothill Boulevard. The proposed go-cart operation consists of a racing track with a capacity of twenty go-carts, a two story 3,420 square foot building for office and cart storage, and a parking lot and picnic area. On June 20, 1990, the applicant was cited for operating without an approved Conditional Use Permit, business license, and Certificate of Occupancy. At that time, the operation consisted 25 l/7/9l of the race track, portable restrooms, and large refuse containers used to store the go-carts. On July 9, 19 9 0, the applicant was convicted on all counts. The Planning Commission directed staff to coordinate a meeting between the owner and applicant, the Planning Department and Risk Management to discuss Risk Management's recommended condition which requires that the grantee carry general liability coverage of $l,OOO,OOO with the City named as an additional insured in the policy. Risk Management staff felt that the business is a potentially dangerous operation. Mayor Holcomb opened the hearing. Larry Reed, Director of Planning and Building Services, responded to several inaccuracies that were published in The Sun newspaper regarding the denial of Conditional Use Permit No. 89- 4l regarding an outdoor go-cart operation at 2066 Foothill Boulevard. Mr. Reed gave the background information concerning the Planning Commission's recommendation for denial of Conditional Use Permit No. 89-4l. Director Reed explained that after further review, staff recommended approval of Conditional Use Permit No. 89-4l with the established conditions as outlined in the staff report. James Fosey, 505 N. Terrace Road, San Bernardino, urged the Mayor and Council to support the Planning Commission's findings and deny Conditional Use Permit No. 89-4l. Director Reed answered questions of the Council regarding the appropriateness of imposing a one million dollar liability insurance policy on a business that the City has no interest in. City Attorney Penman stated that there is a standard clause that the City requires an applicant to adhere to that holds the City harmless and defends the City from any lawsuits that arise out of the operation. He stated that never before has the City asked to be named as an additional insured in a business they have no interest in. Council Member Miller made Member Estrada, and unanimously closed. a motion, carried, seconded by Council that the hearing be Randy Wyatt, Jr., 2044 W. Foothill Boulevard, San Bernardino, CA, disagreed with conditions imposed on the shower facilities, arcade, and the requirement for a one-million dollar insurance policy. 26 l/7/91 Planning and Building Services Director Reed explained why the shower facilities were conditioned, stating that there was reason to believe that the shower facilities were installed to develop a residential unit for Mr. Wyatt. Mr. Reed stated that use of the shower facilities for residential purposes is prohibited according to the City's General Plan and zoning ordinances. Mayor Holcomb questioned Mr. Wyatt, Jr., regarding whether or not he was prepared to stipulate and agree that the shower facilities would never be used for residential purposes and that no one will ever live there temporarily or otherwise. Mr. Wyatt, facilities would no one will ever Jr. stated for the record "that the shower never by used for residential purposes and that live there temporarily or otherwise". A discussion ensued regarding the inconsistencies of imposing restrictions on the use of shower facilities on the go- cart track operation as opposed to other businesses which have shower facilities installed without stringent conditions. Planning and Building Services Director Reed answered questions regarding when the Certificate of Occupancy would be issued. He stated that the intent is for the applicant to complete and install all conditions imposed by the City prior to a Certificate of Occupancy being issued. However, he stated that there is a provision that the applicant can bond for some of the landscaping requirements as long as there is no environmental or public health issue. Council Member Flores made a motion, seconded by Council Member Minor, that the appeal be upheld; that Conditional Use Permit No. 89-4l be approved subject to the findings of fact, conditions of approval and standard requirements contained in Exhibits "F" and "G"; and that the negative declaration be adopted; with the exception that Condition No. One requiring that the grantee shall carry general liability coverage of $l,OOO,OOO.OO with the City as a named additional insured in the policy, be deleted. (This motion was rescinded later in the meeting. See page 29). The motion carried by the following vote: Ayes: Members Reilly, Flores, Maudsley, Minor, Miller. Nays: Member Estrada. Absent: Council Member Pope-Ludlam. Council Council Council Member Estrada made a motion, seconded by Council Member Reilly, that the appeal be upheld; that Conditional Use Permit No. 89-4l be approved subject to the findings of fact, conditions of approval and standard requirements contained in Exhibits "F" and "G", except that the insurance requirement (Condition No. One) not be required; that the shower facilities 27 l/7/9l not be used for residential purposes; that the video machines are prohibited under this conditional use permit (Condition No. Three); that the building colors are subject to Planning Department approval (Condition No. Four); and that the negative declaration be adopted. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Minor, Miller. Nays: Council Flores, Maudsley. Absent: Council Member Pope-Ludlam. Council Member AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER lS. 73 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO CERTIFICATION OF JOURNEYLEVEL PLUMBERS. (Continued from earlier in the meeting. See page 22) FIRST (27) Don Magness, President, Pipefitters Plumbers Local 364, explained the necessity for adopting the proposed ordinance, stating that there are problems within the industry, where plumbers are actually doing work without being qualified. He stated that with adoption of the proposed ordinance, journeylevel plumbers would be required to be certified to assure that they understand the uniform plumbing codes. Sharon Dugan, attorney representing a encouraged adoption of the proposed ordinance. local union, A discussion ensued regarding the selection process for the agency to certify journeylevel plumbers. Brian McDonald, Executive Director of P.I.P.E., stated that his organization is a non-profit organization which is offering its services to the City to administer competency testing of plumbers. City Attorney Penman stated that provisions in the ordinance only authorize the Director of Planning and Building Services to name the certified agency to administer competency testing with final approval by the Mayor and Common Council. Larry Reed, Director of Planning and Building Services, reviewed staff's recommendation to oppose adoption of the ordinance requiring certification of journeylevel plumbers. A discussion ensued regarding the City adopting legislation to certify journeylevel plumbers on a local basis rather than State-wide. It was the general feeling of the Council that the City has a responsibility to provide quality service to the community which could be accomplished through the adoption of the proposed ordinance. 28 l/7/9l Joe Doyle, State of California Apprenticeship of Standards, stated that Lt. General Van de Kamp has passed a ruling that a city has the right to pass an ordinance that allow a city not to do business with anyone doing public work contracts unless they have an agreement to do apprenticeship training. Council Member Minor made a motion, Member Maudsley, that said ordinance be adoption. seconded laid over by Council for final The motion carried Members Estrada, Flores, Member Reilly. Absent: by the following vote: Ayes: Maudsley, Minor, Miller. Nays: Council Member Pope-Ludlam. Council Council RESCIND MOTION REGARDING APPROVAL OF CONDITIONAL USE PERMIT NO. 89-41 TO OPERATE AN OUTDOOR GO-CART TRACK WITH CONDITIONS WEST FOOTHILL BOULEVARD RANDY WYATT, JR. (SEE PAGE 27) (3l) Council Member Estrada made a motion, seconded by Council Member Maudsley, and unanimously carried, to rescind the motion made by Council Member Flores, seconded by Council Member Minor, as follows: "That the appeal be upheld; that Conditional Use Permit No. 89-4l be approved subject to the findings of fact, conditions of approval and standard requirements contained in Exhibits "F" and "G", with the exception of Condition No. One- that the grantee shall carry general liability coverage of $l,OOO,OOO with the City named as additional insured in the policy; and that the negative declaration be adopted". RECESS MEETING - CLOSED SESSION (R-9 & l) At 3:l0 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session to consider personnel matters pursuant to Government Code Section 54957. CLOSED SESSION At 3:l0 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 with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Member Pope-Ludlam. ADJOURN CLOSED SESSION At 3:l4 p.m., the closed session Regular Meeting of the Mayor and Common San Bernardino. was adjourned to the Council of the City of 29 l/7/9l RECONVENE MEETING At 3:l4 p.m., Mayor Holcomb reconvened the Regular Meeting of the Mayor and Common Council in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Member Pope-Ludlam. ANNOUNCEMENT BY MAYOR APPOINTMENT OF TIMOTHY C. STEINHAUS AGENCY ADMINISTRATOR OF THE ECONOMIC DEVELOPMENT AGENCY - CLOSED SESSION (R-9) Mayor Holcomb announced that in closed session the Community Development Commission unanimously voted to approve the appointment of Timothy C. Steinhaus to the position of Agency Administrator of the Economic Development Agency, effective January 28, 1991, with the same salary range as Robert Temple, former Director of the Redevelopment Agency. Council Member Estrada made a motion, seconded by Council Member Minor, and unanimously carried, that the appointment of Timothy C. Steinhaus to the position of Agency Administrator of the Economic Development Agency, effective January 28, 1991, with the same salary range as Mr. Temple, be approved. ADJOURNMENT (32) At 3:l6 p.m., Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, to adjourn the meeting to January l4, 1991, at lO:OO a.m., in the Development Department Board Room, Fourth Floor, City Hall, 300 North "D" Street, San Bernardino, California. RACHEL KRASNEY City Clerk j7 /7 by ,/.t-~~ ~~-= Diane~nes, Deputy City Clerk No. of Items: 33 No. of Hours: 6.5 hrs. 30 l/7/9l