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HomeMy WebLinkAbout01-23-1991 Minutes City of San Bernardino, California January 23, 1991 This is the time and place set for an Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino at the Regular Meeting held at 8: 30 a. m., Tuesday, January 22, 1991, all members of said Common Council being absent therefrom, the City Clerk thereupon declared said meeting adjourned until 8:30 a.m., Wednesday, January 23, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the Order of Adjournment of said meeting held on January 22, 1991, and has on file in the office of the City Clerk an affidavit of said posting together with a copy of said order which was posted at 8:45 a.m., Tuesday, January 22, 1991, on the door of the place at which said meeting was held. The Adjourned Regular Meeting of the Mayor and Common Council was called to order by Mayor Holcomb at 8:31 a.m., Wednesday, January 23, 1991, 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, Flores, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Krasney, . City Administrator Edwins. Absent: Council Members Reilly, Pope-Ludlam. RECESS MEETING - CLOSED SESSION (1 and AS-I) At 8:31 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; 1 1/23/91 d. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities pursuant to Government Code Section 54957; e. to confer with the litigation pursuant to 54956.9(b),(1), as there litigation; attorney regarding pending Government Code Section is significant exposure to 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. 239193; Stubblefield Construction Company. et al vs. City of San Bernardino. et al - San Bernardino Superior Court Case No. 242998; San Bernardino Superior Court Case No. 252058; Sock Dawson. et al vs. Ci tv of San Bernardino. et at- United States District Court Case No. SA 88-461 AHS (RWRx); Charlotte Bernardino E007031; Revnolds 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; Citv of Redlands vs. Inland Valley Development Aoency. et al - San Bernardino Superior Court Case No. 255222; Citv of San Bernardino vs. Deukmeiian. et al San Bernardino Superior Court Case No. 256623; County vs. City of San Bernardino (RDA) Superior Court Case No. 258241; - San Bernardino City of Indians. 6899 WJR San et al (Bx) ; Bernardino vs. San Manuel Band of Mission - United States District Court Case No. 85- 2 1/23/91 Citv of San Bernardino vs. Patrick Media. et al - Riverside Superior Court Case No. 205749. Citv of San Bernardino vs. Dykes - Superior Court Case No. 254883; City Attorney Penman announced the following case to be discussed in closed session: Will J. Me Duffie vs. City of San Bernardino - U.S. District Court Case No. SACV 88-0671GLT (RWRX). CLOSED SESSION At 8:31 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 with the following being present: Holcomb; Council Members Estrada, Flores, Maudsley, Miller; City Attorney Penman, City Clerk Krasney, Administrator Edwins. Absent: Council Members Reilly, Ludlam. Mayor Minor, City Pope- Also present: Dan Robbins, Police Chief; John Martin, Senior Assistant City Attorney; Lorraine Velarde, Executive Assistant to the Mayor; Margaret Scroggin, Operations Supervisor, City Attorney's Office; and Tracy Strickland, Attorney at Law, 200 W. Santa Ana Boulevard, Suite 800, Santa Ana, Ca. 92701. 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. ADJOURN CLOSED SESSION At 9:20 a.m., the closed session adjourned to the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 9:28 a.m., Mayor Holcomb called the Adjourned 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: Holcomb; Council Members Estrada, Flores, Maudsley, Miller; City Attorney Penman, City Clerk Krasney, Administrator Edwins. Absent: Council Members Reilly, Ludlam. Mayor Minor, City Pope- 3 1/23/91 INVOCATION The invocation was given by Pastor Terri Villalobos, AMOR Ministries, 567 N. Sierra Way, San Bernardino, California. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Flores. ANNOUNCEMENT BY MAYOR - RALLY IN SUPPORT OF MEN AND WOMEN IN PERSIAN GULF - 10:00 A.M., SATURDAY, JANUARY 26, 1991 - FISCALINI FIELD (2) Mayor Holcomb stated that the Patriotic Americans will hold a rally Saturday, January 26, 1991, 10:00 a.m., until 2:00 p.m., at Fiscalini Field, in support of the men and women fighting in the Persian Gulf. ANNOUNCEMENT BY COUNCIL MEMBER FLORES UNDERGROUND UTILITIES ON WATERMAN AVENUE (2) Council Member Flores stated that the City is in the process of undergrounding utilities on Waterman Avenue which will beautify the corridor into the City. He apologized for any inconvenience this project may cause the public. ANNOUNCEMENT BY COUNCIL MEMBER FLORES - WIDENING OF SANTA ANA BRIDGE (2) Council Member Flores stated that widening of the Santa Ana River Bridge on South "E" Street will begin soon. In addition, signal lights will be installed on Fairway Drive and South "E" Street. This project will also serve the City of Colton. ANNOUNCEMENT BY COUNCIL MEMBER MAUDSLEY - CLOSURE OF LYNWOOD AVENUE (2) Council Member Maudsley stated that on February 4, 1991, Lynwood Avenue, west of Victoria Avenue, will be closed for a minimum of two months for the construction of a box culvert at Sand Creek. ANNOUNCEMENT BY COUNCIL MEMBER CHAMBERS CABLE FRANCHISE Council Member Miller stated complaints from residents of the poor programming and reception, Franchise has been demanded. AUDIT OF (2 ) that after receiving numerous City regarding overcharging, an audit of Chambers Cable MILLER ANNOUNCEMENT BY COUNCIL MEMBER MILLER - ARDEN & GUTHRIE APARTMENTS ANNEXATION (2) Council Member Miller stated that with the completion of the annexation proceeding of the Arden and Guthrie Street apartments, the City will have strong police and code enforcement in that area. 4 1/23/91 ANNOUNCEMENT BY COUNCIL MEMBER MINOR AUDIT OF CHAMBERS CABLE FRANCHISE (2) Council Member Minor commented that the matter relative to the City demanding an audit of Chambers Cable Franchise will be referred to the Legislative Review Committee for further action. COUNCIL MEMBER At 9:36 a.m., Council Meeting and POPE-LUDLAM ARRIVED Council Member Pope-Ludlam took her place at the council arrived table. at the ANNOUNCEMENT BY COUNCIL MEMBER MINOR HISTORICAL DISTRICT 25TH STREET, BETWEEN "E" AND ARROWHEAD AVENUE (2) Council Member Minor stated that 25th Street, between "E" and Arrowhead, has been declared a historical district. Plans for this area include placement of distinctive street signs with the appropriate historical style street lights and the preservation of current housing in the style of the 1920' sand 1930' s. Council Member Minor encouraged the public to contact him at 384-5278 if interested in participating in the funding of this project or with ideas to present to the City. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 15.73 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO CERTIFICATION OF JOURNEYLEVEL PLUMBERS(36) (Continued to later in the meeting) FINAL Mayor Holcomb announced that discussion on the proposed ordinance regarding certification of journeylevel plumbers will be heard at 2:00 p.m. (See page 15) PUBLIC COMMENTS MELANIE ELIZALDE HANGING OF AMERICAN FLAGS AND YELLOW RIBBONS IN SUPPORT OF MEN AND WOMEN IN THE PERSIAN GULF (3) Melanie Elizalde, 494 S. Macy Street, San Bernardino, California, requested that the City of San Bernardino show support for her brother and other men and women fighting in the Persian Gulf war by installing American flags and yellow ribbons on signal lights on selected streets in the downtown area. Ms. Elizalde presented a listing of the proposed streets where American flags and yellow ribbons should be installed. Mayor Holcomb stated that it would be appropriate to get Council authorization to hang American flags and yellow ribbons on utility poles. He suggested that this matter be continued to later in the afternoon for possible action. (See page 25) SERVICE PINS AWARD CEREMONY Lorraine Velarde, Executive Assistant to the names of employees receiving service pin awards. (5) Mayor, read the 5 1/23/91 Each employee received a service pin from Mayor Holcomb in gratitude of his/her many years of dedicated service to the City. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 9:50 a.m., Council Member Pope-Ludlam left the Council Meeting. MAYOR HOLCOMB EXCUSED At 9:51 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 (6) Council Member Estrada made a motion, seconded by Council Member Maudsley, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas be waived. COUNCIL MINUTES - NOVEMBER 5, 1990, NOVEMBER 8, 1990, NOVEMBER 19, 1990, NOVEMBER 26, 1990 (7) Council Member Estrada made a motion, seconded by Council Member Maudsley, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino, be approved as submitted in typewritten form: November 5, 1990, November 8, 1990, November 19, 1990, and November 26, 1990. INSTALLATION OF SIDEWALKS APPROVAL OF PLANS AUTHORIZATION TO ADVERTISE FOR BIDS (9) In a memorandum dated January 9, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that plans for the installation of sidewalk and related improvements such as curb and gutter, and fill-in paving, have been prepared by the Engineering Division and the project is ready to be advertised for bids. The total estimated project cost is $130,000. The areas to be improved with sidewalks are listed as follows: 1. Medical Center Dr. 19th to 21st Street (East Side) 2. Valencia Avenue Highland Avenue to 300' (West side) south 3. Kendall Drive Revere Avenue to 250' (West side) North 4. Date Street Hunt School & East of (South side) Golden (Continued on next page) 6 1/23/91 5. Baseline Street (North side) perris Hill Road & Barton Street 6 . Mt. View Avenue (East Side) 37th to 38th Street Council Member Estrada made a motion, seconded by Council Member Maudsley, and unanimously carried, that the plans for installation of sidewalk and related improvements at various locations, in accordance with Plan No. 8348, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids. REHABILITATION OF PAVEMENT ON WATERMAN AVENUE FROM REDLANDS BOULEVARD TO MILL STREET - APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS (10) In a memorandum dated January 11, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that plans for the rehabilitation of the pavement on Waterman Avenue, from Redlands Boulevard to Mill Street, have been prepared by a consulting engineering firm and the project is ready to be advertised for bids. In addition to rehabilitating the pavement, the project will include replacing the bridge rails on the San Timoteo and Santa Ana River structures. The total estimated project cost is $1,931,000. Council Member Estrada made a motion, seconded by Council Member Maudsley, and unanimously carried, that the transfer of $37,240, from Account No. 129-309-57835, "Redlands Boulevard Pavement Rehabilitation", to Account No. 129-309-57658, "Waterman Avenue Pavement Rehabilitation, from Redlands Boulevard, to Mill Street", be approved. Council Member Estrada made a motion, seconded by Council Member Maudsley, and unanimously carried, that the plans for the rehabilitation of Waterman Avenue, from Redlands Boulevard to Mill Street, in accordance with Plan No. 7679, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids. CLAIMS AND PAYROLL (11) Council Member Estrada made a motion, seconded by Council Member Maudsley, and unanimously carried, that the claims and payrolls, and the authorization to issue warrants as listed on the memorandum dated January 15, 1991, from the Director of Finance, be approved. 7 1/23/91 PERSONNEL ACTIONS (12) Council Member Estrada made a motion, seconded by Council Member Maudsley, and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated January 8, 1991, in accordance with all administrative regulations of the City of San Bernardino, be approved. JOINT POWERS FINANCING AUTHORITY - REGULAR MEETING(13) Council Member Estrada made a motion, seconded by Council Member Maudsley, and unanimously carried, that the regular meeting of the Joint Powers Financing Authority be adjourned to February 18, 1991. RES. 91-12 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 82-99 ENTITLED IN PART "RESOLUTION . . . AMENDING CONFLICT OF INTEREST CODES . . . ", BY AMENDING APPENDICES A AND B TO ADD, DELETE AND CHANGE THE TITLES OF VARIOUS POSITIONS WITHIN DEPARTMENTS OF THE CITY WHICH MUST FILE CONFLICT OF INTEREST STATEMENTS. (14) RES. 91-13 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF FINANCE TO SUBMIT A CLAIM OF $209,168 FOR SB-325 FUNDS FOR CONSTRUCTION OF LOCAL STREETS AND ROADS FOR THE 1990-91 FISCAL YEAR. (15) RES. 91-14 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE EAST VALLEY REGIONAL COUNCIL ON AGING, SAN BERNARDINO COUNTY, FOR THE PURPOSE OF PROVIDING COMPANIONSHIP AND PERSONAL SERVICES TO CLIENTS IN THE EAST VALLEY SERVICE AREA BY THE CITY OF SAN BERNARDINO SENIOR COMPANION PROGRAM. (16) RES. 91-15 - RESOLUTION OF THE CITY OF SAN BERNARDINO TO ADOPT AND SUPPORT THE IMPLEMENTATION OF THE SANTA ANA RIVER CORRIDOR TRAIL SYSTEM MASTER PLAN AND TO EXPRESS THE CITY'S INTENT TO BE AN INTEGRAL LINK IN THE SANTA ANA RIVER TRAIL SYSTEM. (17) RES. 91-16 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FREEWAY MAINTENANCE AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION RELATING TO MAINTENANCE OF A PORTION OF STATE HIGHWAY ROUTE 30 IN THE CITY OF SAN BERNARDINO. (19) 8 1/23/91 RES. 91-17 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO HOVEY ELECTRIC, INC. FOR INSTALLATION OF TRAFFIC SIGNALS AND HIGHWAY LIGHTING AT TWENTY-FIRST STREET AND VALENCIA AVENUE. (23) RES. 91-18 - RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING APPOINTMENTS IN A SPECIAL ASSESSMENT DISTRICT. (24) RES. 91-19 - RESOLUTION OF THE CITY OF SAN BERNARDINO PASSING ON THE "REPORT" OF THE ENGINEER, GIVING PRELIMINARY APPROVAL, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING. (25) RES. 91-20 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF A SPECIAL ASSESSMENT DISTRICT. (26) RES. 91-21 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING INTENTION TO ORDER THE ACQUISITION OF CERTAIN IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICT; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS. (27) RES. 91-22 - RESOLUTION OF THE CITY OF SAN BERNARDINO ACKNOWLEDGING THE RECEIPT AND FILING OF THE ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE YEAR 1991. (28) RES. 91-23 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACCEPTING A CORPORATION GRANT DEED FROM SAN GORGONIO LAND COMPANY FOR PROPERTY LOCATED IN THE VICINITY OF CAJON BOULEVARD AND MEDICAL CENTER DRIVE AND DEDICATING IT FOR WATER DEPARTMENT USE. (29) RES. 91-24 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACCEPTING A CORPORATION QUITCLAIM DEED FROM THE HIGHLAND-DELMANN HEIGHTS QUALITY WATER SUPPLY AUTHORITY FOR THE DELMANN HEIGHTS WATER SYSTEM AND DEDICATING IT FOR WATER DEPARTMENT USE. (30) RES. 91-25 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL, CITY OF SAN BERNARDINO, APPROVING AMENDMENTS TO RULE AND REGULATION NO. 20 AND 5, AS ESTABLISHED BY THE BOARD OF WATER COMMISSIONERS, INCLUDING INCREASES TO THE ACQUISITION OF SERVICE CHARGE AND NEW SERVICE INSTALLATION CHARGES. (31) 9 1/23/91 RES. 91-26 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL, CITY OF SAN BERNARDINO, ACCEPTING A CORPORATION GRANT DEED FROM VAN LOON MUTUAL WATER COMPANY FOR TWO PARCELS OF LAND AND IMPROVEMENTS, AND ALL RIGHTS-OF-WAY AND EASEMENTS FOR THEIR DISTRIBUTION SYSTEM, AND DEDICATING THEM FOR WATER DEPARTMENT USE. (32) Council Member Estrada made a motion, seconded by Council Member Maudsley, that said resolutions be adopted. Resolution Nos. 91-12, 91-13, 91-14, 91-15, 91-16, 91-18, 91-19, 91-20, 91-21, 91-22, 91-23, 91-24, 91-25, 26 were adopted by the following vote: Ayes: Council Estrada, Flores, Maudsley, Minor, Miller. Nays: None. Council Members Reilly, Pope-Ludlam. 91-17, and 91- Members Absent: STATUS REPORT - AB 939 SOLID WASTE MANAGEMENT SOURCE REDUCTION AND RECYCLING GOALS AND OBJECTIVES (8) In a memorandum dated January 9, 1991, Manuel P. Moreno, Jr., Director of Public Services, reported on the provisions of AB939 (Section 18722) which require each jurisdiction responsible for the collection and disposal of solid waste to perform a solid waste generation study and determine the procedures which will be followed to divert materials currently going to landfills. Twenty-five percent must be diverted by 1995 and fifty percent must be diverted by the year 2000. Jurisdictions must submit their plans to the County and subsequently to the State by July 1, 1991. Manuel Moreno, Jr., Director of Public Services, introduced Kevin Barnes, Refuse Superintendent, and reported on the recycling program mandated by the State of California. COUNCIL MEMBER At 9 :53 a.m., Council Meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the Kevin Barnes answered questions regarding the tasks to be completed relative to the goals and objectives for reduction in solid waste and recycling goals outlined in the staff report. Manuel Moreno, Jr. stated that recommendations will be forthcoming regarding the waste characterization requirements and the curb site recycling program. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 10:02 a.m., Council Member Pope-Ludlam left the Council Meeting. Director Moreno answered questions regarding the date for submitting the environmental report to the State of California. 10 1/23/91 Council Member Maudsley made a motion, seconded by Council Member Flores, and unanimously carried, that the staff report from the Director of Public Services, dated January 9, 1991, pertaining to the tentative time schedule for the adoption of source reduction and recycling element, and the solid waste management source reduction and recycling goals and objectives, relative to Solid Waste Management (AB939), be received and filed. COUNCIL MEMBER POPE-LUDLAM RETURNED At 10:03 a.m., Council Member Pope-Ludlam returned to the Council Meeting and took her place at the council table. RES. 91-27 - RESOLUTION OF THE CITY OF SAN BERNARDINO RESCINDING RESOLUTION NO. 91-10 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. (18) Roger G. Hardgrave, Director of Public Works/City Engineer, answered questions regarding the terms of the contract, stating that the contract has provisions which allows the City to withhold the bid for sixty days. Mr. Hardgrave stated that the contractor is willing to extend the contract. Council Member Flores made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution Ayes: Council Ludlam, Miller. No. 91-27 was adopted by the following vote: Members Estrada, Flores, Maudsley, Minor, Pope- Nays: None. Absent: Council Member Reilly. RES. 91-28 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO LEASE WITH THE NATIONAL ORANGE SHOW, LESSOR, PERTAINING TO A MODIFICATION OF THE TERM IN A LEASE OF PROPERTY TO THE CITY, AND SITUATED AT THE SOUTHWEST CORNER OF MILL STREET AND ARROWHEAD AVENUE, IN SAN BERNARDINO. (20) Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding whether or not the National Orange Show intends to renew its lease with the City for the property located at the southwest corner of Mill Street and Arrowhead Avenue. Council Member Miller made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution Ayes: Council Ludlam, Miller. No. 91-28 was adopted by the following vote: Members Estrada, Flores, Maudsley, Minor, Pope- Nays: None. Absent: Council Member Reilly. 11 1/23/91 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED IN PART, "A RESOLUTION .PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF. " TO ESTABLISH A NO PARKING ANY TIME ZONE ON TWENTY-FIRST STREET BETWEEN KENWOOD AVENUE AND CRESTVIEW AVENUE, APPLICABLE TO THE SOUTH SIDE ONLY. (21) In a letter dated January 8, 1991, Mr. and Mrs. Lupe E. Cisneros, 531 E. 21st Street, San Bernardino, CA, protested the removal of on street parking on the south side of Twenty-First Street between Kenwood Avenue and Crestview Avenue. Mr. and Mrs. Cisneros also provided alternatives which would allow for continued parking on the south side of Twenty-First Street. Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, that the Director of Public Works/City Engineer be directed to negotiate a change order to the contract for installing traffic signals at Valencia Avenue and 21st Street, for widening the south side of 21st Street, from Crestview Avenue to a point about 300 feet to the west. A discussion ensued regarding requests from property owners to widen the south side of the street to allow continued parking on Twenty-First Street between Kenwood Avenue and Crestview Avenue. The Mayor and Council discussed the possibility of posting no parking signs except for property owners living in the area. Roger G. Hardgrave, Director of Public Works/City Engineer, stated that the proposed widening of the street would be done within the City's existing street right-of-way and would not impact the property owners' property. He further stated that five large trees would have to be removed as a result of widening the street. A discussion ensued regarding whether or not the residents were aware that five trees would be removed. Council Member Estrada made a substitute motion, seconded by Council Member Flores, and unanimously carried, to continue the adoption of the resolution, to February 4, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to allow residents an opportunity to protest the widening of the street and removal of the trees. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. 12 1/23/91 RES. 91-29 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A JOINT USE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, RELATING TO RELOCATION OF POWER POLES AT THE SOUTHEAST CORNER OF MILL STREET AND PEPPER AVENUE IN CONNECTION WITH REVIEW OF PLANS NO. 89-40 (Linkletter Construction, Inc.) (22) Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding the City's cost to relocate the Southern California Edison Company facilities. Mr. Hardgrave stated that Linkletter Construction, Inc. will assume the responsibility for paying the costs incurred for the relocation of the power poles, but the City will be required to pay for the second move which can occur in twenty-five years. Council Member Flores made a motion, seconded by Council Member Minor, that said resolution be adopted. Ayes: Nays: Resolution No. 91-29 was adopted by the following vote: Council Members Estrada, Flores, Maudsley, Minor, Miller. None. Absent: Council Members Reilly, Pope-Ludlam. PROTEST HEARING - NOTICE TO CONSTRUCT CHAPTER 12.92 IMPROVEMENTS (33) This is the time and place set for a protest hearing on the notice to construct Chapter 12.92 improvements. Roger G. Hardgrave, Director of Public Works/City Engineer, gave a brief description of the proposed work to be accomplished through Chapter 12.92 Improvements. Mayor Pro Tempore Miller opened the hearing. Paul Hobson, a resident of the County, spoke on behalf of his sister, Maude R. Wilhite, 807 W. Virginia Street, San Bernardino, owner of property located on "H" Street between Virginia And 16th Street. Mr. Hobson objected to the proposed street improvements and the costs involved. He stated that his sister, who is 84 years old and living on a fixed income, cannot afford to pay the improvements costs of $3,695.73. Director Hardgrave explained that the City has a program whereby property owners living on a fixed income may be eligible to receive financial assistance. Director regarding the designated for Hardgrave answered questions of inconsistencies of curb widths Chapter 12.92 improvements. the Council in the areas 13 1/23/91 COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. Ruth Brunner, 2737 N. Golden Avenue, San Bernardino, CA, objected to the City imposing Chapter 12.92 street improvements and urged Council to reconsider this matter. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, for discussion purposes only, that four parcels be removed from the list of Chapter 12.92 street improvements as follows: Parcel No. 145-192-30; Parcel No. 150- 391-04; Parcel No. 150-391-11; and 152-023-30. Verne Nadeau, Real Property Supervisor, answered questions regarding reasons for installing driveways on vacant parcels of land. Council Member Maudsley made a motion, seconded by Council Member Minor, and unanimously carried, that the hearing be closed; that the City's policy relative to the infill action of Chapter 12.92 Street Improvements be referred to the Legislative Review Committee for review and discussion at the meeting to be held at 1:30 p.m., February 7, 1991, in the Development Department Board Room, Fourth Floor, City Hall, 300 North "D" Street, San Bernardino, California. RES. 91-30 - 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. (Continued from January 7, 1991) (34) Council Member Minor made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution Ayes: Council Ludlam, Miller. No. 91-30 was adopted by the following vote: Members Estrada, Flores, Maudsley, Minor, Pope- Nays: None. Absent: Council Member Reilly. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 2.17.035 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ALTERNATE BOARD, BUREAU OR COMMISSION MEMBERS. FIRST (35) Council Member Minor made a motion, seconded by Council Member Estrada, that the following ordinance be laid over for final adoption. 14 1/23/91 The motion carried by the following vote: Ayes: Council Members Estrada, Flores, Minor, Miller. Nays: Council Member Maudsley. Absent: Council Members Reilly, Pope-Ludlam. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 15.73 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO CERTIFICATION OF JOURNEYLEVEL PLUMBERS. (Continued from earlier in meeting. See page 5) FINAL (36) The Mayor and Council agreed to continue discussion on the proposed ordinance until later in the meeting. (See page 21) APPEAL - BOARD OF BUILDING COMMISSIONERS' DECISION TO DEMOLISH BUILDING AND ABATE WEEDS, TRASH AND DEBRIS- 1642 E. ECHO DRIVE - MARGARET BUCKNER - CONTINUED FROM JULY 2, 1990. (37) This is the time and place continued to for an appeal filed by Margaret Buckner on the Board of Building Commissioners' decision to demolish the building and abate weeds, trash and debris of property located at 1642 E. Echo Drive. In a memorandum dated January 16, 1991, Larry Reed, Director of Planning and Building Services, stated that the appeal of Margaret Buckner was heard by the Mayor and Common Council at its meeting of July 2, 1990, and the abatement action was extended for six months. City Administrator Edwins explained that the located at 1642 E. Echo Drive has been purchased by a who is in the process of rehabilitating the property. owed to the City have been paid. property new owner All costs Council Member Estrada made a motion, seconded by Council Member Flores, and unanimously carried, that the appeal hearing be closed; and that the appeal be denied without prejudice. MAYOR PRO TEMPORE MILLER EXCUSED Mayor Pro Tempore Miller left the Council Meeting. REPORT ON ORANGE SHOW ROAD EXTENSION AND CENTRAL AVENUE EXTENSION STUDIES - CONTINUED FROM AUGUST 20, 1990. (38) This is the time and place continued to for a report on the Orange Show Road extension and Central Avenue extension studies. In a memorandum dated January 17, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that extensions of Orange Show Road and Central Avenue are being studied by the consulting firms of Daniel, Mann, Johnson & Mendenhall (DMJM) 15 1/23/91 and Parsons, Brinckerhoff, Quade & Douglas (PBQ&D), respectively, under contract by SANBAG. SANBAG has advised the City that these reports are scheduled to be completed by February 1, 1991. Council Member Minor, made a motion, seconded by Council Member Maudsley, and unanimously carried, that the report on the Orange Show Road extension and Central Avenue extension studies be continued to February 4, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the council table. MAYOR PRO TEMPORE MILLER RETURNED Mayor Pro Tempore Miller returned to the Council Meeting and resumed the duties of Mayor. SEWER WAIVER REQUEST NO. 90-7 - TO CONNECT TO CITY'S SEWER SYSTEM - SINGLE FAMILY HOUSE LOCATED AT 25008 HARDT STREET - MARY C. BACKUS/VIRGIE MCGEE. (39) In a memorandum dated January 9, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that a request has been received from Mary C Backus for a waiver of the requirement to connect to the City's sewer system. This request is for a single family home to be constructed on a 12,600 square foot parcel at 25008 Hardt Street, Assessor's Parcel No. 281-117-12. Council Member Estrada made a motion, seconded by Council Member Flores, and unanimously carried, that Sewer Waiver Request No. 90-7, for construction of one single family house on an existing parcel located at 25008 Hardt Street (APN 281-111-12), requesting a waiver of requirement to connect to the sewer system, be approved. REQUEST FOR FUNDING AND WAIVER OF FEES - BLACK HISTORY PARADE - FEBRUARY 2, 1991 (40) In a memorandum dated January 10, 1991, Fred Wilson, Assistant City Administrator, stated that the Black Culture Foundation is sponsoring its Annual Black History Parade as part of Black History Month activities during the month of February 1991. To help defray expenses, the Foundation is requesting funding assistance from the City in the amount of $7,535 from the Civic and Promotional Fund portion of the Fine Arts funding budget. In addition, they are requesting assistance in terms of manpower and equipment from the Police, Public Service, Traffic Engineering and Parks, Recreation & Community Services Departments and the waiver of costs associated with these services for a grand total of in-kind services in the amount of $11,177.57. 16 1/23/91 A discussion ensued regarding the actual amount to be allocated from the Civic and Promotion Fund to assist the Black Culture Foundation in defraying its costs. The Council agreed to continue further action on setting an actual amount to be allocated until later in the meeting. (See page 25) MAYOR PRO TEMPORE MILLER EXCUSED At 10:53 a.m., Mayor Pro Tempore Miller left the Council Meeting. MAYOR HOLCOMB RETURNED At 10:55 a.m., Mayor Holcomb returned to the Council Meeting and resumed the duties of Mayor. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, that the Black History Parade to be held February 2, 1991 be co-sponsored by the City as a promotional event and that the Police overtime costs, Public Services street sweeping cots, Parks, Recreation and Community Services labor/equipment costs and Traffic Engineering barricade placement and manpower costs in the amount of $11,177.57 be waived. (See page 25 for additional motion) The motion carried by the following vote: Ayes: Members Estrada, Flores, Maudsley, Pope-Ludlam. Nays: Member Minor. Absent: Council Members Reilly, Miller. Council Council RECESS MEETING At 10:57 a.m., Mayor Holcomb called a ten-minute recess. RECONVENE MEETING At 11:09 a.m., Mayor Regular Meeting of the Mayor San Bernardino, California. Holcomb reconvened the Adjourned and Common Council of the City of ROLL CALL Roll call was taken with the following being present: Holcomb; Council Members Estrada, Flores, Maudsley, Miller; City Attorney Penman, City Clerk Krasney, Administrator Edwins. Absent: Council Members Reilly, Ludlam. Mayor Minor, City Pope- RES. 91-31 - 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. (Emergency Item) COUNCIL MEMBER POPE-LUDLAM ARRIVED At 11:10 a.m., Council Member Pope-Ludlam Council Meeting and took her place at the council arrived at the table. 17 1/23/91 Council Member Miller made a motion, seconded by Council Member Minor, and unanimously carried, to consider action on the proposed resolution as the matter arose subsequent to the posting of the Council agenda. Gerry Newcombe, Interim Director, San Bernardino County Regional Parks Department, explained the provisions in the resolution and urged the Council to adopt said resolution. Mr. Newcombe stated that the assessment cost will be $36.00 per year per parcel and that the City and District will share equally in this assessment cost. Laurie Tully, Mayor, City of Highland, 27215 E. Baseline, Highland, Ca., announced that the City of Highland has joined the San Bernardino County Park and Open Space District. Mr. Newcombe answered questions regarding the effects on the Open Space District if the City of San Bernardino chose not to participate. Council Member Minor made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 91-31 was adopted by the following vote: Ayes: Council Members Estrada, Maudsley, Minor, Pope-Ludlam, Miller. Nays: Council Member Flores. Absent: Council Member Reilly. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY- ADJOURNED REGULAR MEETING The Adjourned Regular Meeting of the Community Development/ Redevelopment Agency was called to order by Chairman Holcomb at 11:24 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RESIGNATION OF MT. VERNON CORRIDOR PAC MEMBER - R. WADE BYARS, SR. (R-5) In a memorandum dated January 7, 1991, Kenneth J. Henderson, Executive Director, Development Department, stated that at the last meeting held on January 9, 1991, the Mt. Vernon Corridor Project Area Committee accepted with regret Mr. Byar's resignation. Mr. Byars actively worked to support the formation of the project area and served as Vice Chairman of the committee. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Common Council accept with regret the resignation of Mt. Vernon Corridor Project Area Committee member R. Wade Byars, Sr., and express gratitude for his unselfish commitment to the betterment of the Mt. Vernon Corridor Project Area. 18 1/23/91 SMALL BUSINESS LOAN BETWEEN CITY AND READY EQUIPMENT RENTAL (R-6) In a memorandum dated January 4, 1991, Kenneth J. Henderson, Executive Director, Development Department, stated that Ready Equipment Rental, located at 550 West 40th Street, San Bernardino, Ca., has submitted a request to amend a portion of the original use of funds as stated in the loan application. The balance remaining in the loan fund for Ready Equipment Rental is $39,557.34. This amount would cover the remodeling and expansion of their present location. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Common Council approve an amendment to the use of loan proceeds transferring such proceeds for the property located at 550 West 40th Street to 3969 North Sierra Way, San Bernardino, for financing of off-site, land and building improvements. SAN BERNARDINO/INLAND EMPIRE TELEVISION NEWS OPERATION - CONSULTANT AGREEMENT CREATIVE COMMUNICATIONS ASSOC., INC. (R-12) In a memorandum dated January 18, 1991, Dean Gray, Director of Telecommunications, stated that in the fall of 1987, San Bernardino cable operators surveyed subscriber interest related to community access programming. Subscribers listed local nightly news as their number one choice. In order to satisfy the number one programming desire of local residents and to establish San Bernardino as the media center of the Inland Empire, a feasibility study and operations plan are necessary to entice potential financial support. It is anticipated that an agreement with Creative Communications Associates would serve as the impetus to generate interest and funding to provide local nightly news programming. Mayor Holcomb spoke in support of having another media for providing local news to residents of San Bernardino. He stated that Creative Communications Associates, Inc. (CCA) is an international corporate communications firm specializing in providing a variety of communications and training services to clients in business, industry and government. He stated that no money will be used from the General Funds to support this program. This operation will be funded by surplus residual housing money that became available prior to the sale of the City's residual interests. Dean Gray, Director of Telecommunications, stated that the consultant will be surveying the population and asking questions to determine a plan of action for the design and implementation of a daily information-based television program. 19 1/23/91 Bill Bartholomew, Independent Marketing Consultant, stated that the City of San Bernardino will not be asked to financially support the San Bernardino/Inland Empire Television News operation. He stated that there are other vehicles available to finance this program through Federal and State governmental grants, corporate and private funding sources, cable subscribers, and time sales. A discussion ensued regarding the location of the facility to house the San Bernardino/Inland Empire Television News operation. The Thrifty Building was recommended as a possible location. Mr. Gray stated that a plan has been worked out where a portion of the City's Telecommunication staff will be available to assist the organization that will produce the news. Mr. Gray answered questions regarding the City's involvement in the production of nightly news. He stated the City would furnish the facility and production staff, but not the anchor staff or recording staff. Mr. Bartholomew answered questions regarding the relationship between the production workers in the studio and the editorial staff. The editorial staff would be hired by a non- profit organization. He stated that this organization would pay the City for provisions provided to them. Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, that the Mayor and Common Council approve agreement between the City and Creative Communications Associates, Inc. in an amount not to exceed $56,000 for the purpose of conducting a feasibility study and development of an operations plan for a San Bernardino/Inland Empire television news operation. The motion carried by the following vote: Ayes: Members Estrada, Flores, Minor, Pope-Ludlam, Miller. Council Member Maudsley. Absent: Council Member Reilly. Council Nays: PROPOSED LEASE OF CITY PROPERTY ON DUFFY STREET TO R. K. ALLEN - EXPANSION OF NURSERY STORAGE FACILITIES- LANDSCAPE CONSTRUCTION (S-l) In a memorandum dated January 16, 1991, Councilwoman Valerie Pope-Ludlam stated that Mr. Robert K. Allen, owner of R.K. Allen Landscape Construction, has submitted a proposal to lease certain properties on Duffy Street for the purpose of expanding his nursery storage facilities. Mr. Allen's current nursery facility is only one half block from Duffy Street, on Mesa Street. The properties Mr. Allen would like to lease are presently vacant. 20 1/23/91 Council Member Pope-Ludlam made Council Member Minor and unanimously proposal in concept. a motion, carried, to seconded approve by the Council Member Pope-Ludlam made a motion, seconded by Council Member Minor, and unanimously carried, to instruct staff to move forward with negotiations to lease property. Council Member Pope-Ludlam made a motion, seconded by Council Member Minor, and unanimously carried, to instruct staff to prepare a work plan and cash estimate for implementation of concept. RECESS MEETING At 12:38 p.m., Mayor Holcomb recessed the Meeting of the Mayor and Common Council until Council Chambers of City Hall, 300 North Bernardino, California. Adjourned Regular 2:00 p.m., in the "D II Street, San RECONVENE MEETING At 2:04 p.m., Mayor Holcomb called the Adjourned 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 following being present: Mayor Holcomb; Council Members Estrada, Flores, Maudsley, Minor, Miller. City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Members Reilly, Pope- Ludlam. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 15.73 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO CERTIFICATION OF JOURNEYLEVEL PLUMBERS. (Continued from earlier in the meeting. FINAL (36) (See page 15) Don Magness, President, Local 364, Plumbers Union, spoke in support of the adoption of the proposed ordinance. Geraldine Wong, a member of Meadowwood Homeowners Association, urged the Council to adopt the proposed ordinance requiring plumbers to be certified. She spoke of the shoddy work performed by inexperienced plumbers on many of the homes within the Meadowwood Homeowners Association tract. Sharon Dugan, attorney representing Plumbers and Pipefitters Local, presented arguments against provisions in the proposed ordinance. 21 1/23/91 COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. George Brazil, Brazil Plumbing, 3022 Hesperia Way, Santa Ana, Ca., 92706, expressed concern regarding language contained in the ordinance that requires a journeylevel plumber to work four years before he/she can work alone. John Beard, Beard Plumbing, 322 Tustin Ave., Orange, Ca., objected to the proposed ordinance. He stated that P.I.P.E. is a union organization and the proposed ordinance promotes unionism. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, to continue the second reading of the ordinance and refer the ordinance to the Legislative Review Committee meeting to be held on Thursday, February 21, 1991, in the Development Department Board Room, Fourth Floor, City Hall, 300 North "D" Street, San Bernardino, California. APPOINTMENT TO BOARD OF CHANDLER In a memorandum dated requested the appointment of Building Commissioners. BUILDING COMMISSION - THOMAS (4 ) January 23, 1991, Mayor Holcomb Thomas Chandler to the Board of Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that the appointment of Thomas Chandler, 798 West 26th Street, San Bernardino, 92405, to the Board of Building Commissioners, as requested by Mayor Holcomb, be approved. COUNCIL Council Meeting. MEMBERS MINOR AND POPE-LUDLAM EXCUSED Members Minor and Pope-Ludlam left the Council RES. 91-32 - RESOLUTION OF THE CITY OF SAN BERNARDINO SUPPORTING THE IMPOSITION OF ALTERNATE REVENUE SOURCES SUCH AS BUSINESS LICENSE FEES AND UTILITY USERS TAX BY THE COUNTY OF SAN BERNARDINO IN LIEU OF IMPLEMENTING BOOKING FEES AUTHORIZED BY SB 2557. (New Business) Council Member Estrada made a motion, seconded by Council Member Flores, and unanimously carried, to consider action on the proposed resolution as this matter arose subsequent to the posting of the Council agenda. COUNCIL MEMBERS MINOR AND POPE-LUDLAM RETURNED Council Members Minor and Pope-Ludlam returned to the Council Meeting and took their places at the council table. 22 1/23/91 Council Member Estrada made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 91-32 was adopted Ayes: Council Members Estrada, Flores, Ludlam, Miller. Nays: None. Absent: by the following vote: Maudsley, Minor, Pope- Council Member Reilly. APPEAL HEARING - DENIAL OF VARIANCE NO. 90-13 TO REMOVE EXISTING FREESTANDING SIGN AND INSTALL TWO FREESTANDING SIGNS - 955 AND 965 SOUTH "E" STREET - QUIEL BROS. ELECTRIC SIGN CO. (41) In a memorandum dated January 8, 1991, Larry Reed, Director of Planning and Building Services, stated that Variance No. 90-13 is a request to remove an existing 40 foot tall, 220 square foot freestanding sign and install two 25 foot tall, 150 square foot freestanding signs on property located at 955 and 965 South "E' Street. Municipal Code Section 19.60.210 (E) allows for one freestanding sign twenty-five feet high and a maximum of 75 square feet per face of sign area. Mayor Holcomb opened the hearing. A discussion ensued regarding the Planning Commission's reason for denial of Variance No. 90-13. City Attorney Penman informed the Council that incorrect information had been given by the Planning staff to the Planning Commission on which it based its decision. A discussion ensued regarding the advantages of approving the variance. Council Member Flores made a motion, seconded by Council Member Pope-Ludlam, that the hearing be closed; that the appeal be upheld and Variance No. 90-13 be approved in concept; and that staff be directed to prepare appropriate findings of fact for consideration at the next regularly scheduled Council meeting. The motion carried by the following vote: Ayes: Members Estrada, Flores, Maudsley, Pope-Ludlam. Nays: Members Minor, Miller. Absent: Council Member Reilly. Council Council PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 90-4- CHANGE LAND USE DESIGNATION FROM RM, RESIDENTIAL MEDIUM AND CO-I, COMMERCIAL OFFICE TO CG-1, COMMERCIAL GENERAL ON 13.4 ACRES OR CHANGE THE RM DESIGNATION TO CO-ION 1.45 ACRES. (42) In a memorandum dated December 27, 1990, Larry Reed, Director of Planning and Building Services, stated that the applicant, Neal L. Smithhammer, 392 S. Arrowhead Avenue, B-2, San Bernardino, Ca., has requested a change in the land use designation from RM, Residential Medium, and CO-I, Commercial 23 1/23/91 Office, to CG-1, Commercial General on 13.4 acres located north of 27th Street between Little Mountain Drive and Miramonte Drive, to allow development on all the properties as one comprehensive development. ("Alternative 1") As "Alternative 2", staff proposed to change only the designation of the RM Residential Medium area (1.45 acre parcel) to CO-I, Commercial Office. The proposed resolution approves General Plan Amendment No. 90-4, Alternative "2". MAYOR HOLCOMB EXCUSED Mayor Holcomb left the Council Meeting and the duties of Mayor were assumed by Mayor Pro Tempore Miller. Mayor Pro Tempore Miller opened the hearing. RES. 91-33 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 90-4 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (42) Council Member Minor made a motion, Member Flores, and unanimously carried, closed; and said resolution be adopted. seconded by Council that the hearing be Resolution No. 91-33 was adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Reilly. COUNCIL MEMBER FLORES EXCUSED Council Member Flores left the Council Meeting. RES. 91-34 - A RESOLUTION OF THE CITY OF SAN BERNARDINO INITIATING PROCEEDINGS AND SETTING A PUBLIC HEARING FOR THE PROPOSED ANNEXATION OF THE AREA GENERALLY LOCATED SOUTH OF CENTRAL AVENUE, EAST OF WATERMAN AVENUE, DESIGNATED LAFCO 2644. (S-2) Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution Ayes: Council Miller. Nays: No. 91-34 was adopted by the following vote: Members Estrada, Maudsley, Minor, Pope-Ludlam, None. Absent: Council Members Reilly, Flores. COUNCIL MEMBER FLORES RETURNED Council Member Flores returned to the Council Meeting and took his place at the council table. 24 1/23/91 RES. 91-35 - 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 80-441, 86-316, 86-480, 87-111, 88-307, 89-500, AND 91-8, AND AMENDING RESOLUTION 83-201. (S-3) Council Member Minor made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 91-35 was adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Reilly. REQUEST FOR FUNDING AND WAIVER OF FEES - BLACK HISTORY PARADE - FEBRUARY 2, 1991 - CONTINUED FROM EARLIER IN THE MEETING. (See page 16) (40) This is the time and place continued to from earlier in the meeting to consider a request for funding and waiver of fees relative to the Black History Parade to be held February 2, 1991. A discussion ensued regarding the amount of funds to be allocated to the Black Culture Foundation. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that $5,100.00 be allocated from the Civic and Promotion Fund to assist the Black Culture Foundation in defraying costs associated with Black History Month. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the council meeting. PUBLIC COMMENTS MELANIE AMERICAN FLAGS IN SUPPORT OF GULF - CONTINUED FROM EARLIER (See page 5) This is the time and place continued to from earlier in the meeting to consider a recommendation by Melanie Elizalde to display American Flags and yellow ribbons on selected streets in the downtown area. ELIZALDE DISPLAY OF MEN AND WOMEN IN PERSIAN IN THE MEETING. (3) Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, to take action on the request to display American flags and yellow ribbons on selected streets in the downtown area in support of men and women fighting in the Persian Gulf, as this matter arose subsequent to the posting of the Council agenda. 25 1/23/91 Wayne Overstreet, Director of Facilities answered questions regarding the costs to purchase to install on utility poles in the downtown area. Management, enough flags COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the council table. Council Member Estrada made a motion, seconded by Council Member Minor, to approve up to a maximum of $1,000.00 to purchase American flags to be installed on utility poles in selected areas of downtown. MAYOR HOLCOMB RETURNED Mayor Holcomb returned to the Council Meeting and resumed the duties of Mayor. After a discussion, each of the Council Members, City Administrator Edwins, City Clerk Krasney, Executive Assistant to Council Arvizo, Wayne Overstreet, Director of Facilities Management, and Mayor Holcomb donated $100.00 to the purchase of flags. Council Member Estrada stated that a request will be made to Main Street to display a banner over "E" Street showing support of the troops in the Gulf. Council Member Pope-Ludlam made a substitute motion, seconded by Council Member Estrada, and unanimously carried, that the labor costs for the installation of flags on utility poles in selected areas of downtown be waived. ADJOURNMENT (43) At 3:25 p.m., Council Member Estrada made a motion, seconded by Council Member Minor, and unanimously carried, to adjourn the meeting to January 28th, at 9:00 a.m., in the Management Information Center, Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. RACHEL KRASNEY City Clerk 'C ' r1 by If:(tllZV ':J&1Zf'.~, (d;J) Diane Joneg, Deputy City Clerk No. of Items: 59 No. of Hours: 5.5 26 1/23/91