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HomeMy WebLinkAbout02-18-1991 Minutes City of San Bernardino, California February 18, 1991 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 8:34 a.m., Monday, February 18, 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 Flores, Maudsley, Minor, Pope-Ludlam; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Member Estrada, Reilly, Miller. RECESS MEETING - CLOSED SESSION (1) At 8:35 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 litigation pursuant to 54956.9(b)(l), as there litigation; attorney regarding pending Government Code Section is significant exposure to f. to confer with the attorney regarding litigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending Section decide 1 2/18/91 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 Companv. 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. City of San Bernardino. et al- United States District Court Case No. SA 88-461 AHS (RWRx); Save San Bernardino vs. City of San Bernardino San Bernardino Superior Court Case No. 250425; City of Redlands vs. Inland Valley Development Agency, et al - San Bernardino Superior Court Case No. 255222; City of San Bernardino ys. Deukmeiian. et al San Bernardino Superior Court Case No. 256623; County vs. City of San Bernardino (RDA) - San Bernardino Superior Court Case No. 258241. City of Indians. 6899 WJR San Bernardino vs. et al - United States (Bx); San Manuel Band of Mission District Court - Case No. 85- City of San Bernardino vs. Dykes - San Bernardino Superior Court Case No. 254883; Frank Vasquez vs. City of San Bernardino - San Bernardino Superior Court Case No. 252411; Alvin Wilbourn vs. City of San Bernardino - San Bernardino Superior Court Case No. 238248. CLOSED SESSION At 8:36 a.m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney 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. 2 2/18/91 Also present were: John Martin, Senior Assistant City Attorney; Diane Roth, Deputy City Attorney; Barbara Skropos, Deputy City Attorney; and Margaret Scroggin, Operations Supervisor, City Attorney's Office. DEPUTY CITY ATTORNEY SKROPOS EXCUSED At 8:40 a.m., Deputy City Attorney Skropos left the closed session. COUNCIL MEMBER ESTRADA ARRIVED At 8:59 a.m., Council Member Estrada arrived at the closed session. CITY ADMINISTRATOR EDWINS AND SENIOR ASSISTANT CITY ATTORNEY MARTIN EXCUSED At 8:57 a.m., City Administrator Edwins and Senior Assistant City Attorney Martin left the closed session. MAYOR HOLCOMB EXCUSED At 9:01 a.m., Mayor Holcomb left the closed session. SENIOR ASSISTANT CITY ATTORNEY BARLOW ARRIVED At 9:19 a.m., Senior Assistant City Attorney Barlow arrived at the closed session. READING OF RESOLUTIONS AND ORDINANCES Deputy City Clerk Vale read the titles of all the resolutions and ordinances on the regular, supplemental and Community Development Commission agendas. ADJOURNED CLOSED SESSION At 9:28 a.m., the closed session adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino, California. RECONVENE MEETING At 9: 29 a.m., Mayor Holcomb called the Regular Meeting of the Mayor and Common Council to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney 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. INVOCATION The invocation was given by Phil Arvizo, Executive Assistant to the Council. 3 2/18/91 PLEDGE OF ALLEGIANCE Pledge of allegiance was led by Council Member Minor. ANNOUNCEMENT BY MAYOR - POLICE DEPARTMENT COMPUTER (2) Mayor Holcomb explained that an article recently appeared in The Sun newspaper regarding problems with the Police Department's computer system. Mayor Holcomb stated that at 2 :00 p.m. City Administrator Shauna Edwins and Police Chief Daniel Robbins would provide further clarification on the efforts to upgrade the Police Department's computer system. ANNOUNCEMENT BY MAYOR - WATER CONSERVATION DURING DROUGHT - TELEVISION PROGRAM - CHANNEL 3 (2) Mayor Holcomb announced that there would be a television program aired on Channel 3, Thursday, February 21, 1991 at 7:00 p.m. entitled "Water Rationing". The program will present local water concerns and advise residents of precautionary steps they can take to conserve water. Mayor Holcomb stated that San Bernardino is more fortunate than other areas of Southern California because of its adequate water supply. However, Mayor Holcomb urged residents to take precautionary steps to conserve water. PROCLAMATION - ROBERTA BOBITCH - HIGHLAND SENIOR CENTER (4) Phil Arvizo, Executive Assistant to the Council, read a resolution commending Roberta "Bobbie" Bobitch in appreciation for her dedicated service as Executive Director of the Highland Senior Center. Council Member Maudsley presented Mrs. Bobitch with a City pin. SERVICE PIN AWARD CEREMONY Lorraine Velarde, Executive Assistant to the names of employees receiving service pin awards. (5) Mayor, read the Each employee received a service pin from Mayor Holcomb in gratitude of his/her many years of dedicated service to the City. PRESENTATION - EMPLOYEE RECOGNITION AWARDS (4) Lorraine Velarde, Executive Assistant to the Mayor, read the following names of employees receiving employee recognition awards for the fourth quarter of 1990: Patricia Gantes Ramon Carrillo Luke Terry James Davis John Kramer Clerical Employee Category General Employee Category Safety Employee Category Mid-Management Employee Category Management Confidential Employee Category 4 2/18/91 COUNCIL MEMBER At 9 :47 a.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the ANNOUNCEMENT CONFLICT OF INTEREST CITY ADMINISTRATOR (2) Mayor Holcomb stated that a series of articles appeared recently in The Sun newspaper regarding conflict of interest concerns about the accuracy of the allegations relating to City Administrator Edwins and her husband's local development projects. Therefore, the City Attorney was asked to review and speak today regarding the articles. City Attorney Penman stated that there is confusion about what constitutes a conflict of interest, as opposed to the appearance of a conflict of interest. Mr. Penman explained that State law prohibits a public official from participating in making a decision affecting a contract in which he/she has a material financial interest. He stated that in order to avoid a legal conflict a public official is required to state the conflict on the record and abstain from voting on that item. If he/she does this, then there is no legal conflict. The appearance of a conflict of interest is where there is no legal conflict but the action or activity appears to be a conflict. However, even when no conflict exists, that does not prohibit individuals from claiminG there was a conflict or an appearance of a conflict. City Attorney Penman stated that when a family member of a public official is involved in a project, the City Attorney's Office investigates whether the public official has a material financial interest. Difficulties arise when a public official's spouse has financial interest in projects in the City. The question arises whether or not the spousal interest is also the interest of the public official. Because California is a community property state, there is a material financial interest, and the public official has to make sure that he/she is removed from the decision-making process. Mr. Penman stated that in 1990, Shauna Edwins explained to the City Attorney's Office that her husband, a developer, had projects in the City. She wanted to ensure there was no legal conflict of interest, and ensure that she would not be involved in processing any project in which her husband was involved. The City Attorney's Office advised her of steps that would eliminate a legal conflict of interest, and she took those steps. She notified department heads involved in processing applications for development not to discuss with her or her staff the projects; and questions that would normally go to her office should instead go to the Mayor's office. By doing this, she legally removed herself from any unlawful conflict of interest. Mrs. Edwins also asked that the City Attorney's office monitor 5 2/18/91 these projects to ensure they were reviewed only on their merit and not based on any family relationship that might exist. City Attorney Penman stated that there is no way to legislate away an appearance of a conflict of interest. California has some of the strictest legislation in the United States requiring public officials to report their holdings and those of their spouses. The penalties for violation are very extreme. Mr. Penman gave an overview of Shauna Edwins's education and public service record with the City. COUNCIL MEMBER MILLER EXCUSED At 10:08 a.m., Council Member Miller left the Council Meeting. In conclusion, Mr. Penman stated that Shauna Edwins made sure, long before any accusations arose, what she could do to ensure that everything was done to avoid any legal conflict of interest or the appearance of a conflict. She scrupulously avoided using her influence to make decisions on projects in which her husband was involved. COUNCIL MEMBER MILLER RETURNED At 10:22 p.m., Council Member Miller returned to the Council meeting and took her place at the council table. PUBLIC COMMENTS - JAMES WIRTH (3) James Wirth, 1980 North Sierra Way, San Bernardino, California, stated that zoning was created two years ago on the 2700 block of North "E" Street which was reaffirmed by the Council at a General Plan hearing held on May 24, 1989. As a result, he believes the City violated the zoning ordinance, Section 19.02.020. Finally, on AprilS, 1990 the Council initiated action to amend the General Plan and change the zoning. Mr. Wirth stated that General Plan amendments can take two months or more to make their way through the legislative process. While other General Plan amendments began many months after General plan amendment 90-7, these have already progressed. For example, it has taken less than two months for General Plan amendments 91-02 and 91-03 to reach the Planning Commission level. Yet, it took more than nine months for General Plan amendment 90-7 to be voted on by the Planning Commission. Mr. Wirth stated that he had submitted a letter to the Planning and Building Services Department on January 8, 1991, expressing the need for General Plan amendment 90-7 to be concluded in a timely manner. After pushing the City for action, the item was finally placed on today's agenda. Then, last week, 6 2/18/91 the item was removed from todays agenda and postponed to March 11, 1991. Mr. Wirth stated that the neighborhood residents have a right to expect action in an appropriate and timely manner. PUBLIC COMMENTS - MARY JANE WILSON Mary Jane Wilson, 2796 North "E" Street, California, spoke in opposition to the zoning businesses in the 2700 block of North "E" Street. that the General Plan amendment 90-7 be expedited. (3 ) San Bernardino, which allowed She requested PUBLIC COMMENTS - PAUL CHANEY (3) Paul Chaney, 1532 Belle Street, San Bernardino, stated that on February 8, 1991, 25 ice-cream trucks went down the street between 10:13 a.m. and 5:27 p.m. Many of these trucks were from the same company. On a typical day there will be only 8 to 15 ice-cream trucks on the street. Mr. Chaney explained that the City sound vehicle ordinance, Chapter 8.57, excludes ice-cream trucks. The noise ordinance., Chapter 8.54, Section 8.54.010, states "it is unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary and excessive noise which disturbs, offends, injures or endangers the peace, quiet, comfort, repose, health or safety or any neighborhood or persons within the limits of the City. " Mr. Chaney stated that the persistent noise brought by these ice-cream trucks takes away the peace and repose in his house. He requested that the Council refer this ordinance to Legislative Review and repeal this exception or amend the exception to limit the volume of noise to 60-65 decibels. The current ordinance allows 90-95 decibels, depending on the location within the City. CITY ATTORNEY PENMAN EXCUSED At 10:32 a.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. COUNCIL MEMBER MILLER EXCUSED At 10:33 a.m., Council Member Miller left the Council meeting. WAIVE FURTHER READING OF RESOLUTIONS AND ORDINANCES (6) Council Member Flores made a motion, seconded by Council Member Reilly, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas be waived. 7 2/18/91 COUNCIL MINUTES (7) Council Member Flores made a motion, seconded by Council Member Reilly, and unanimously carried, that the minutes of the December 10, 1990 and January 7, 1991, meetings of the Mayor and Common Council of the City of San Bernardino, be approved as submitted in typewritten form. FISCALINI FIELD REQUEST FOR REFUND OF $250 FEE- "SUPPORT OUR TROOPS" RALLY - FEBRUARY 3, 1991 -MS. DONNA TOLP. (8) In a memorandum dated February 7, 1991, Mayor Holcomb stated that Mr. and Mrs. Karl Tolp, 6622 Roca Circle, San Bernardino, conducted a "Support Our Troops" rally at F iscalini Field on Sunday, February 3, 1991. The required deposit of $250 was paid and Mr. and Mrs. Tolp are now requesting a refund of the deposit fee for use of the field. Council Member Flores made a motion, seconded by Council Member Reilly, and unanimously carried, that the request for a refund of the $250 use fee for Fisca1ini Field paid by Ms. Donna Tolp to stage a "Support Our Troops" rally on February 3, 1991, be approved. AUTHORIZATION FOR OUT OF STATE TRAVEL - 1991 NATIONAL SENIOR COMPANION PROGRAM CONFERENCE - 4/8 - 4/12/91- WASHINGTON D.C. - BETTY LEWISON, PARKS, RECREATION AND COMMUNITY SERVICES. (10) In a memorandum dated February 1, 1991, Annie Ramos, Director of Parks, Recreation and Community Services Department, stated that Betty Lewison, Senior Companion Program Coordinator, has been invited to attend the National Senior Companion Program Conference in Washington D.C. from April 8-12, 1991. The program will provide access to other people serving in Senior Companion Programs nationwide. The expenses for this program will be borne by the University of Maryland, Center on Aging, through an ACTION grant. Council Member Flores made a motion, seconded by Council Member Reilly, and unanimously carried, that Betty Lewison, Senior Companion Program Coordinator, be authorized out of state travel during the period April 8-12, 1991 to attend the 1991 National Senior Companion Program Conference in Washington, D. C. ROOSEVELT BOWL - AUTHORIZE ACCEPTANCE OF PAYMENT OF INSURANCE PREMIUM IN LIEU OF RENTAL FEES JUNIOR UNIVERSITY (11) In a memorandum dated January 24, 1991, Annie Ramos, Director of Parks, Recreation and Community Services Department, stated that Junior University has applied for the use of FDR Bowl in perris Hill Park from May 4 through August 4, 1991 for its annual performance. Standard rental fees for this use would be $4,036. 8 2/18/91 The Junior University has been conducting youth theatre at FDR Bowl for two decades, and attendance annually exceeds 20,000. The University has acquired a one million dollar liability policy and has requested that the liability premium costs be accepted in lieu of the rental costs. The request is in compliance with conditions for waiver of fees. Council Member Flores made a motion, seconded by Council Member Reilly, and unanimously carried, that the acceptance of payment of insurance premium by Junior University in lieu of rental fee for FDR Bowl be authorized. GUADALUPE FIELD - APPROVAL OF FIRST WARD PARK EXTENSION FUNDS - $7,500 - CONSTRUCTION OF CHAIN LINK FENCING (12) In a memorandum dated January 30, 1991, Annie Ramos, Director of Parks, Recreation and Community Services Department, stated that Guadalupe Field serves as the home site to the San Bernardino Pony League, Inc., which serves youth through the age of fourteen. The existing dimensions of the field limit the playing opportunities for the older youth. Expansion of the facility by extension of the home run fence line would enable the league to retain the older youth in the program and extend their playing opportunities by two more years. There are no other youth sports programs for this older age group and this facility modification would be an opportunity for the City and Pony League to continue providing wholesome youth activities. The California Conservation Corp will be involved in the project to help minimize costs. Council Member Flores made a motion, seconded by Council Member Reilly, and unanimously carried, that $7,500 from First Ward Extension Funds for the construction of chain link fencing at Guadalupe Field be approved. APPROVAL OF PLANS - ADVERTISE FOR BIDS - REHABILITATION OF PAVEMENT ON WATERMAN AVENUE FROM MILL STREET TO 5TH STREET. (14) In a memorandum dated January 28, 1991, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for the rehabilitation of pavement on Waterman Avenue, from Mill Street to Fifth Street, have been prepared and the project is ready to be advertised for bids. The project includes, in addition to pavement rehabilitation, widening the bridge over East Twin Creek, and the west side of Waterman Avenue, between Third Street and Fourth Street. Also, the traffic signals will be modified to remove the standards installed in the median. The total estimated project cost is $1,554,000. Federal-Aid Urban funds will comprise 80% of the cost of the project, with the remaining 14% from local agency funds. 9 2/18/91 Council Member Flores made a motion, seconded by Council Member Reilly, and unanimously carried, that the plans for the rehabilitation of pavement on Waterman Avenue, from Mill Street to Fifth Street, in accordance with plan No. 8038, be approved; and the Director of Public works/City Engineer be authorized to advertise for bids. SEWER MAIN EXTENSION - "I" STREET AT DELTA AVENUE, TO SERVE "K" STREET, SOUTH OF CONGRESS AUTHORIZE PARTICIPATION IN COST AND TRANSFER OF $74,000 IN FUNDS. (16) In a memorandum dated February 6, 1991, Roger Hardgrave, Director of Public Works/City Engineer, stated that a request has been received from a prospective developer of 278 South "K" Street for the City to participate in the cost of extending the sewer main from "I" Street, in order to render his proposed development financially feasible. Participation by the City is authorized by Section 13.08.080 of the Municipal Code, provided that certain criteria are met. The prospective developer has offered to participate in the cost of extending the sewer main in the amount of $10,000 and the City Administrator is in agreement with the proposed cost participation. An amount of $50,000 was allocated in the 1990/91 Sewer Line Construction Fund (245), under Account No. 245-365-57704. Approval for the expenditure of $37,000, to extend a sewer main to serve 2160 Roosevelt Street, was granted at the Council meeting of February 4, 1991. Supplemental funds will, therefore, be needed in the amount of $74,000 to finance the total cost of this project. Council Member Flores made a motion, seconded by Council Member Reilly, and unanimously carried, that the City's participation in the cost of extending the sewer main from "I" Street at Delta Avenue, to serve "K" Street, south of Congress Avenue, be approved, with funds to be provided from Account No. 245-365-57704. Council Member Flores made a motion, seconded by Council Member Reilly, and unanimously carried, that the transfer of $74,000, from Account No. 045-365-57731, "Cajon Blvd. Trunk Extension - Cable Creek Channel, to Little League Drive," to Account No. 245-365-57731, "City's Share of Sewer Main Extensions," be approved. 10 2/18/91 CLAIMS AND PAYROLL Council Member Flores made a motion, Member Reilly, and unanimously carried, payrolls, and the authorization to issue the memorandum dated February 11, 1991, Finance, be approved. (17) seconded by Council that the claims and warrants as listed on from the Director of PERSONNEL ACTIONS (18) Council Member Flores made a motion, seconded by Council Member Reilly, and unanimously carried, that the personnel actions submitted by the Acting Chief Examiner, dated February 6, 1991, in accordance with all administrative regulations of the City of San Bernardino, be approved. JOINT POWERS FINANCING AUTHORITY REGULAR MEETING (19) Council Member Flores made a motion, seconded by Council Member Reilly, and unanimously carried, that the regular meeting of the Joint Powers Financing Authority be adjourned to March 18, 1991. RES. 91-48 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413, SECTION ELEVEN, ENTITLED IN PART "A RESOLUTION . ESTABLISHING A BASIC COMPENSATION PLAN. "BY CODIFYING PRIOR COUNCIL ACTIONS. (21) RES. 91-49 - RESOLUTION OF THE CITY OF SAN BERNARDINO NOTICING A PUBLIC HEARING RELATIVE TO THE FORMATION OF UNDERGROUND UTILITY DISTRICT NO. 20, GENERALLY LOCATED ALONG 40TH STREET, BETWEEN KENDALL DRIVE AND PALM DRIVE. (22) RES. 91-50 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH TRI CITY MASTER MAINTENANCE ASSOCIATION, FOR LANDSCAPING MAINTENANCE SERVICES RELATIVE TO A PORTION OF ASSESSMENT DISTRICT NO. 956 LOCATED IN THE CARNEGIE DRIVE AREA. (23) RES. 91-51 - RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THAT MORE THAN FIFTY PERCENT OF PROTESTS BY REGISTERED VOTERS HAVE BEEN FILED AND TERMINATING PROCEEDINGS FOR ANNEXATION NO. 349 (LAFCO 2632) FOR THE TERRITORY GENERALLY LOCATED NORTH OF LYNWOOD DRIVE, EAST OF HARRISON STREET, SOUTH OF 39TH STREET AND WEST OF MOUNTAIN AVENUE. (24) RES. 91-52 - RESOLUTION OF THE CITY OF SAN BERNARDINO VACATING THAT CERTAIN SOUTHERN CALIFORNIA EDISON EASEMENT LYING OVER THE EASTERLY 15 FEET OF THAT PREVIOUSLY VACATED CHESTNUT AVENUE, IN SAN BERNARDINO, TO THE OWNERS NOW OF RECORD. (25) 11 2/18/91 RES. 91-53 - RESOLUTION OF THE CITY OF SAN BERNARDINO INITIATING PROCEEDINGS AND SETTING A PUBLIC HEARING FOR THE PROPOSED ANNEXATION OF THE AREA GENERALLY LOCATED NORTH OF 40TH STREET, AND WEST OF DAVID WAY, DESIGNATED AS LAFCO 2643. (26) RES. 91-54 - 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 LITTLE MOUNTAIN DRIVE, BETWEEN MORGAN ROAD AND EIGHT HUNDRED FEET SOUTH OF MORGAN ROAD, APPLICABLE TO THE WEST SIDE ONLY. (27) RES. 91-55 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO IPS SERVICES, INC. FOR INSTALLATION OF STREET NAME SIGNS ON BASE LINE STREET, FROM CALIFORNIA TO WINDSOR AND ON MT. VERNON AVENUE, FROM MILL STREET TO TWENTY-FIRST STREET. (28) RES. 91-56 - A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED MAINTENANCE OF LANDSCAPING IN THE AREA OF CAJON BOULEVARD AND JUNE STREET, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 993, ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 DOES NOT APPLY. (29) RES. 91-57 - RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING ANNEXATION NO. 347 (LAFCO 2584) FOR THE TERRITORY GENERALLY LOCATED EAST OF HIGHWAY 18, NORTH OF 40TH STREET AND DETACHMENT FROM CSA 38 CSA 70. (30) Council Member Flores made a motion, seconded by Council Member Reilly, that said resolutions be adopted. Resolution Nos. 91-48, 91-49, 91-50, 91-51, 91-52, 91-53, 91-54, 91-55, 91-56 and 91-57 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Nays: None. Absent: Council Member Miller. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 10.52.020 OF THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING A SPEED ZONE ON "H" STREET OF THIRTY-FIVE MILES PER HOUR BETWEEN SIXTH STREET AND BASE LINE STREET. (First) (31) 12 2/18/91 Council Member Flores made a motion, seconded by Council Member Reilly, and unanimously carried, that said ordinance be laid over for final adoption. AUTHORIZATION FOR OUT OF STATE TRAVEL - CARGO THEFT AND NARCOTIC INVESTIGATION AND TRANSPORT SYSTEM SCHOOL- GLYNCO, GEORGIA, 3/18 3/29/91 DALE BLACKWELL, POLICE DEPARTMENT (Discussed later in the meeting, see page 32) (9) The Council requested that this item be held until the afternoon in order to confer with Police Chief Daniel Robbins. Shauna Edwins, City Administrator, stated that Officer Dale Blackwell is a detective, not a patrol officer, who investigates these type of thefts and the more education he possesses, the more skilled he will be as an investigator. COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council meeting and took her place at the council table. GENERAL PLAN - ADOPTION OF NEGATIVE DECLARATION AND FINDING OF CONSISTENCY WITH THE CIRCULATION ELEMENT- EXTENSION OF INDUSTRIAL PARKWAY TO JOIN HALLMARK PARKWAY WITH BRIDGES OVER CABLE CREEK AND DEVIL CREEK. ( 13) In a memorandum dated February 5, 1991, Roger Hardgrave, Director of Public Works/City Engineer, stated that the Environmental Review Committee recommended adoption of the negative declaration for Public Works project No. 90-31 at its meeting of January 10, 1991. A 21-day public review period was afforded from January 17 through February 6, 1991, and no public comments were received. Council Member Miller made a motion, seconded by Council Member Reilly, and unanimously carried, that the negative declaration for Public Works Project No. 90-31, extension of Industrial Parkway easterly, to join Hallmark Parkway, and construction of bridges at Cable Creek and Devil Creek Crossings, be adopted. Council Member Miller made a motion, seconded by Council Member Reilly, and unanimously carried, that a finding be made that the extension of Industrial Parkway easterly to join Hallmark Parkway and construction of bridges at Cable Creek and Devil Creek Crossings, is consistent with the circulation element of the General Plan. LANDSCAPING ALONG FRONTAGE ROAD AND KENDALL DRIVE, EAST OF LITTLE MOUNTAIN DRIVE - APPROVAL OF CHANGE ORDER NO. 3 $ 6, 170 CONTRACT INCREASE MENTONE TURF & SUPPLY. (15) 13 2/18/91 This item was continued to 11:00 a.m., to be taken up in conjunction with the Community Development Commission agenda. (See page 33) RES. 91-58 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH TELECOMMUNICATIONS MANAGEMENT CORP. RELATING TO THE ANALYSIS OF METHODOLOGY AND FINANCIAL AUDIT OF CHAMBERS COMMUNICATIONS. (20) The Council discussed the scope of the audit services and expressed concerns about the possibility of broadening the scope of work, if necessary, at a later date. Council Member Miller made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 91-58 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, pope-Ludlam, Miller. Nays: None. Absent: None. PUBLIC HEARING - CONSIDERATION OF ORDINANCE REVISING DEFINITION FOR NEW CONSTRUCTION, RECONSTRUCTION AND RESTRUCTURING EXISTING CULTURAL DEVELOPMENT FEES. (32) This is the time and place set for a public hearing to consider an amendment to Chapter 15.57 of the Municipal Code revising the definitions for new construction and reconstruction, and restructuring existing cultural development fees. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.57 OF THE SAN BERNARDINO MUNICIPAL CODE REVISING DEFINITION FOR NEW CONSTRUCTION AND RECONSTRUCTION AND RESTRUCTURING EXISTING CULTURAL DEVELOPMENT FEES. (First) (32) In a memorandum dated January 31, 1991, Larry Reed, Director, of Planning and Building Services, stated that Chapter 15.57 of the San Bernardino Municipal Code, Cultural Development Construction Fees, was adopted in January, 1989 to provide funds for enhancement of culture and art as deemed to be of public benefit to the citizens of San Bernardino. In reviewing what funds were available for cultural activities, the Ways and Means Committee, at their meeting in November, 1990, reviewed this ordinance and concurred that the definition of "reconstruction" and provisions regarding when fees should be collected were confusing and made it difficult to determine when to collect fees. This lack of clarity in the ordinance may have resulted in fees not being collected. It was the consensus of the Ways and Means Committee that 14 2/18/91 the Planning and Building Services Department be directed to amend the ordinance to clarify definitions and simplify circumstances under which the fee should be imposed. A finding can be made that this proposed ordinance amendment is statutorily exempt from the provisions of (CEQA) California Environmental Quality Act under Section 15273 (a) (5) of the Government Code, since restructuring of fees by a public agency for the purpose of obtaining funds necessary to maintain intra- city transfers as authorized by City Charter is exempt. The City Charter authorizes intra-city transfer of funds in Article VIII, Section 135. Mayor Holcomb opened the public hearing. The Council recommended the following revision to the Ordinance: Page One, Line Fourteen; The words "earthquake or fire damage" should be changed to "natural disaster or accidental damage". Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the hearing be closed; that the Mayor and Council adopt the finding of exemption from the provisions of CEQA; and that said ordinance be laid over for final adoption. RES. 91-59 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HERBERT POLLOCK RELATING TO PERFORMING CONSULTING SERVICES FOR THE CITY OF SAN BERNARDINO. (33) Shauna Edwins, City Administrator, explained that Mr. Pollock would be a liaison to the building community, and will assist in customer relations by explaining the new Development Code and other vital planning documents to the public. Council Member Maudsley made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 91-59 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, pope-Ludlam, Miller. Nays: None. Absent: None. COUNCIL MEMBER MINOR EXCUSED At 10:59 a.m., Council Member Minor left the Council meeting. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.81 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO SECURITY ALARM SYSTEMS. (First) (34) 15 2/18/91 Council Member Miller made a motion, seconded by Council Member Reilly, and unanimously carried, that said ordinance be laid over for final adoption. COUNCIL MEMBER MINOR RETURNED At 11:01 a.m., Council Member Minor returned the Council meeting and took his place at the council table. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 8.82 TO THE SAN BERNARDINO MUNICIPAL CODE; ESTABLISHING CHARGES FOR EXTRAORDINARY LAW ENFORCEMENT SERVICES. (First) (35) Council Member Maudsley made a motion, seconded by Council Member Minor, and unanimously carried, that said ordinance be laid over for final adoption. PUBLIC HEARING TO CONSIDER ANNEXATION OF THE TERRITORY GENERALLY LOCATED EAST OF WATERMAN AVENUE, SOUTH OF CENTRAL AVENUE. (LAFCO 2644) (S-4) This is the time and place set for a public hearing to consider the resolution ordering Annexation No. 351 for the territory generally located east of Waterman Avenue and south of Central Avenue. RES. 91-60 - RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THAT LESS THAN TWENTY-FIVE PERCENT OF PROTESTS BY REGISTERED VOTERS AND LESS THAN TWENTY-FIVE PERCENT OF PROTESTS BY PROPERTY OWNERS HAVE BEEN FILED AND ORDERING ANNEXATION NO. 351 (LAFCO 2644) FOR THE TERRITORY GENERALLY LOCATED EAST OF WATERMAN AVENUE, SOUTH OF CENTRAL AVENUE, AND DETACHMENT FROM CSA 38, CSA 38-G, CSA 70, CSA 70-A AND CSA SL-1. (S-4) In a memorandum dated February 13, 1991, Roger Hardgrave, Director of Public Works/City Engineer, stated that a notice of filing for annexation from the Local Agency Formation Commission (LAFCO) had been received, after a petition of registered voters was submitted to the commission. On December 12, 1990, authorization to proceed with the annexation was granted, and Resolution No. 90-486 was adopted, determining the amount of property tax transfer from the County of San Bernardino to the City of San Bernardino, if the annexation was approved. On January 21, 1991, Resolution No. 91-34 was adopted, setting a public hearing for February 18, 1991. That resolution was published in The Sun on February 3, 1991, and all affected agencies were mailed notice of the hearing. As of this date, no written protests have been received. Mayor Holcomb opened the public hearing. 16 2/18/91 There were no public comments. Council Member Miller 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 east of Waterman Avenue, south of Central Avenue, designated LAFCO 2644 be closed. Council Member Miller, made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 91-60 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.90 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO MOBILE HOME RENT STABILIZATION.(First)(S-2) In a memorandum dated February 13, 1991, Gerald Butler, Mobile Home Rent Board Director, stated that the proposed ordinance relating to mobile home rent stabilization places control upon the sale of a mobile home space, rent can only be increased by 10 percent of the current allowable rent; it removes the vacancy decontrol currently in place; and adds to the Municipal Code Section 8.90.060 to be consistent with provisions of Civil Code Section 798.41 as adopted by Chapter 1013, Section 2 of the Statutes of 1990, effective January 1, 1991. The following individuals spoke in opposition to the ordinance: Howard Schwartz, 4528 Gloria Avenue, Encino, California stated that in April, 1990 the Council adopted the mobile home rent stabilization ordinance which provided that park owners could increase rent to tenants not on long term leases in an amount not to exceed 80% of the consumer price index. Mr. Schwartz stated that he and a partner purchased Rancho Meridian Mobile Home Park in May of 1990, subsequent to the enactment of the rent control ordinance. Mr. Schwartz spoke in opposition to the proposed ordinance which would modify full vacancy decontrol provided for in the current ordinance. Larry Horwitz, Hart, King, & Coldren, 200 East Sandpointe, Santa Ana, California, stated he represents the San Bernardino Mobile Home Park Owners Association. Mr. Horwitz stated that he had delivered to the City Clerk copies of rent control ordinances from the cities of Yucaipa, Colton, Redlands, El Monte and Montclair. The approach in these ordinances is consistent and provides full vacancy decontrol. 17 2/18/91 Michelle Brooke, spoke on behalf of Western Mobile Home Association, 17316 Edwins Road, Cerritos, California, a state- wide trade association for the mobile home park owners, which represents one-half of the park owners in the City. She spoke in opposition to the recommendation to modify full vacancy decontrol provisions in the current ordinance. Ms. Brooke stated that the association believes the City made a wise decision in providing for full vacancy decontrol. Pat Anderson, 720 Buena Vista, Redlands, stated that she works in the office at Fiesta Hills Mobile Home Park and is opposed to the proposed ordinance. Gerald Butler, Mobile Home Rent Board Director, answered questions relating to the proposed ordinance and stated that although he has received many phone calls from mobile home residents about their inability to sell their mobile homes, he did not have written affidavits. Discussion ensued regarding families with children in senior parks. The following individuals spoke in favor of the ordinance: Dexter Goody, 2505 Foothill Boulevard, Space 155, San Bernardino, California, stated that there are cities in this area that have vacancy control. He stated that parks often require residents to make improvements such as a porch and a carport. He explained that every time the rent of the mobile home goes. up upon resale, the value of the home goes down. Mobile home owners need a cap on the rent, so that upon resale, the value of the home stays reasonable. Ralph Hernandez, 190 North Pico, San Bernardino, California, spoke for and against both the proposed and existing ordinance which he believes have loopholes that should have been eliminated. He recommended that the Council amend the ordinance to place the power of the ordinance with the Mayor and Common Council, not the Mobile Home Rent Board. Ira Bracken, 222 South Rancho, Space 28, San Bernardino spoke regarding his concerns about the run down conditions of many parks in the City. Sally Wilder, 2744 West Rialto Avenue, Space 53, Rialto, President of the MORE Association, the Mobile Home Organized Resident Enterprise, stated that many mobile home owners would like to move but cannot, due to the park owner increasing the rent upon the resale and requiring a five year-lease. Ms. Brooke referred to the Fair Housing Act which states that parks could not discriminate against tenants on the basis 18 2/18/91 of children. She explained that it is very difficult to meet the qualifications of that law. Hence, park owners have changed the status of their parks from seniors to all ages. Louise Baker, 2160 West Rialto Avenue, stated that it is very hard financially on families to move into parks, since many require first and last months' rent and a security deposit. Council Member Flores made a motion, Member Estrada, and unanimously carried, closed. seconded by Council that the hearing be COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member pope-Ludlam left the Council meeting. Council Member Flores made a motion, seconded by Council Member Estrada, and unanimously carried, that said ordinance be laid over for final adoption. Dennis Barlow, Senior Assistant City Attorney, stated this ordinance was first adopted in light of Hall vs. Santa Barbara, a federal court case which concluded that vacancy control could not be allowed. Because of that case, the Council provided for no vacancy control in its ordinance when it was adopted. The Council can implement full vacancy decontrol, but the recommendation was made to put a 10% cap to be as fair as possible to all parties. Discussion ensued regarding the Hall vs. Santa Barbara case specifics. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member pope-Ludlam returned to the Council meeting and took her place at the council table. COUNCIL MEMBER MINOR EXCUSED At 11:57 a.m., Council Member Minor left the Council meeting. REPORT ON ORANGE SHOW ROAD EXTENSION AND CENTRAL AVENUE EXTENSION STUDIES - CONTINUED FROM FEBRUARY 4, 1991 ( 36) In a memorandum dated February 11, 1991, Roger Hardgrave, Director of Public Works/City Engineer, stated that the report relative to the extension of Orange Show Road and Central Avenue was continued from earlier meetings since the report had not been received from San Bernardino Associated Governments (SANBAG). The route alignment studies and preliminary estimates of cost have been provided by SANBAG, and are in the Public Works Office for review. The traffic forecasts, to be used in determining the need for the extensions of Orange Show Road and 19 2/18/91 Central Avenue, are being done by another consultant. No estimate is available as to when these figures will be provided to SANBAG by the consultant. Since the time for submittal of the traffic forecasts is indefinite, it was recommended that this item be tabled. Council Member Maudsley made a motion, seconded by Council Member Flores, and unanimously carried, that the report on Orange Show road Extension and Central Avenue Extension Studies be tabled. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. REQUEST TO EXPEND ASSET SEIZURE FUNDS - OVERTIME COSTS AND EQUIPMENT PURCHASES - BIKE PATROL, DRUG/GANG TASK FORCE, JUNIOR POLICE ACADEMY PROGRAMS AND START UP COSTS RELATIVE TO THE NEW POLICE FACILITY. (38) In a memorandum dated February 11, 1991, Daniel Robbins, Chief of Police, outlined previous council actions relative to the use of asset forfeiture funds. He also outlined the Pol~ce Department proposals for the use of asset forfeiture funds in the following programs: Bike Patrol, Drug/Gang Task Force, Junior Police Academy, and a new police facility to be located on the northwest corner of Fifth and "D" Streets. These proposals included a breakdown of the specific expenses necessary for each program. The proposals will focus on an improved level of service in the downtown area, improving the level of enforcement activities against drugs and gangs, and will improve the appearance of police vehicles. Council Member Flores made a motion, seconded by Council Member Miller, and unanimously carried, that $181,665.38 be expended from asset forfeiture funds to cover overtime personnel costs and equipment purchases relative to Bike Patrol, Drug/Gang Task Force, Junior Police Academy programs and start up costs relative to the new police facility as outlined in the memorandum from the Chief of Police dated February 11, 1991. COUNCIL MEMBERS MINOR AND POPE-LUDLAM RETURNED Council Members Minor and Pope-Ludlam returned to the Council meeting and their places at the council table. WOMEN OF ACHIEVEMENT REQUEST FOR CIVIC AND PROMOTIONAL FUNDING - $1,000 (S-l) In a memorandum dated February 13, 1991, Fred Wilson, Assistant City Administrator, stated that the City of San Bernardino has budgeted $120,000 in Cultural Development fee proceeds to assist qualifying non-profit organizations for activities relating to the enhancement and support of City wide cultural programming events of benefit and interest to a broad segment of City residents. 20 2/18/91 As of this date, the Ways and Means Committee has recommended approval of funding requests in the amount of $6,100. On February 11, 1991, the Ways and Means Committee approved a request by the Women of Achievement Committee for $1,000 to assist in the celebration of March as Women of Achievement Month. Council Member Flores made a motion, seconded by Council Member Reilly, and unanimously carried, that the request for civic and promotional funding in the amount of $1,000 to assist the Women of Achievement Committee in the celebration of March as Women of Achievement month, be approved. APPROVAL OF $8,000 FROM THIRD WARD PARK EXTENSION FUNDS FOR THE ACQUISITION OF A MONUMENT SIGN AND AN AIR HOCKEY GAME FOR NICHOLSON CENTER. (S-3) In a memorandum dated February 8, 1991, Annie Ramos, Director of Parks, Recreation and Community Services Department, stated that Nicholson Park Community Center has no signage and the acquisition of a concrete monument sign would help identify the center as well as being an attractive addition to the park. The concrete monument sign is the standard for city park signs. The air hockey game would provide an added dimension to the recreation activities provided for youth. Since this facility has had no new equipment since its opening, this will be a welcomed addition. Council Member Miller made a motion, seconded by Council Member Reilly, and unanimously carried, that $8,000 from Third Ward Park Extension Funds for the acquisition of a monument sign and an air hockey game for Nicholson Center be approved. RES. 91-61 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION RELATING TO INSTALLATION OF TRAFFIC CONTROL SIGNALS AT REDLANDS BOULEVARD AND EASTBOUND OFF-RAMP TO WATERMAN AVENUE FROM ROUTE 1-10. (S-5) Council Member Miller made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 91-61 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. MOBILE HOME PARK RENTAL ASSISTANCE PROGRAM - TRANSFER FROM THE COUNTY OF SAN BERNARDINO TO THE CITY OF SAN BERNARDINO. (S-6 ) In a memorandum dated February 13, 1991, Gerald Butler, Director, Mobile Home Rent Board, stated that a Mobile Home 21 2/18/91 Rental Assistance Program was created by the Mobile Home Task Force in June, 1988. Since its inception, the City has allocated $50,000 from the 20% set-aside funds and requested the County Community Services Department to administer the program. In July 1989, evaluate the Mobile its effectiveness. the program needs to the Mobile Home Rental The results be updated. Home Task Force was asked to Assistance Program to determine of the evaluation reflect that In the seven months that the Mobile Home Rent Board has been in existence, it has received complaints from mobile home residents stating dissatisfaction with the criterion for the rental assistance program, and that the application process is too cumbersome. The Mobile Home Rent Board has heard these complaints and recommends that the Mayor and Common Council do the following: allocate $100,000 annually from 20% set-aside funds to fund the program; increase the maximum amount of monthly subsidy from $50 to $75; reduce the minimum amount used for housing from 50% to 30% of income to be consistent with Housing and Urban Development (HUD) guidelines; and place the program under the control of the Mobile Home Rent Board. The County Community Services Department has informed the City that as of February, 1991, there are no longer funds on deposit to continue the program. Council Member Flores made a motion, seconded by Council Member Estrada, and unanimously carried, to approve the transfer of the Mobile Home Park Rental Assistance Program from the County of San Bernardino to the City and direct the Mobile Home Rent Board, in conjunction with the Development Department, to allocate the appropriate funding and develop documentation for program implementation. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 12:00 p.m., the Regular Meeting of the Community Development Commission was called to order by Mayor Holcomb in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member pope-Ludlam left the Council meeting. FISCAL YEAR 1991-1992 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM MIX (R-3) In a memorandum dated February 11, 1991, Kenneth Henderson, Executive Director, Development Department, stated that on February 1, 1991, staff met with the City's Housing and Urban Development (HUD) Community Planning and Developm~nt 22 2/18/91 Representative regarding the City's FY 1991-1992 CDBG allocation. As a result, staff was informed that the total grant amount for the upcoming 1991-1992 fiscal year has been increased by nine percent from the current fiscal year, to a total of $1,862,000. In addition, correspondence received from HUD on February 1, 1991, refers to a total of one percent, or $16,000, held back from FY 1990-1991 and, subsequently, added to the FY 1991-1992 allocation, bringing the total FY 1991-1992 grant amount to $1,878,000. On February 7,1991, the Redevelopment Committee recommended that the Mayor and Common Council approve this item. Council Member Maudsley made a motion, seconded by Council Member Flores, and unanimously carried, that the Mayor and Common Council approve and adopt the Fiscal Year 1991-1992 Community Development Block Grant Program Mix for the period beginning July 1, 1991 and ending June 30, 1992 and authorize staff to solicit proposals for same. EMERGENCY SHELTER GRANT PROGRAM APPLICATION AND REQUEST FOR PROPOSALS (R-4) In a memorandum dated February 11, 1991, Kenneth Henderson, Executive Director, Development Department, stated that on January 28, 1991, staff received a notice from Housing and Urban Development (HUD) regarding the Emergency Shelter Grant Program. The notice awarded $43,000 for the provision of certain types of assistance relative to the homeless program. A stipulation of the allocation by HUD is the matching fund requirement from the Development Department. Prior to the receipt of the funds, the City must submit an application to HUD, including various certifications and assurances in conjunction with a description of the process and criteria to be utilized in awarding these funds. The deadline for submission of the application is March 8, 1991. On February 7, 1991, the Redevelopment Committee recommended that the Mayor and Common Council approve the recommended motion relative to Emergency Shelter Grant Program application and Request for Proposals. Council Member Maudsley made a motion, seconded by Council Member Flores, and unanimously carried, that the Mayor and Common Council authorize staff to submit to the U. S. Department of Housing and Urban Development an application on behalf of the City of San Bernardino for fiscal year 1991-1992 Emergency Shelter Grant Program funds in the amount of $43,000. Further, that staff be authorized to solicit proposals and that the Common Council's Homeless Ad Hoc Committee be utilized to review eligible proposals and make funding recommendations to the Mayor and Common Council. 23 2/18/91 COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the Council table. RES. 91-62 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A LOAN OF A PORTION OF INTERIM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE BASELINE/MEDICAL CENTER DRIVE PROJECT. (R-6) Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 91-62 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 91-63 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. FOUR TO THE LOAN AGREEMENT REGARDING CENTRAL CITY PROMENADE. (R-7 A) Council Member Estrada made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 91-63 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 91-64 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF SUPPLEMENT NO. FOUR TO THE INDENTURE RELATING TO THE CENTRAL CITY PROMENADE (R-7 B) Council Member Estrada made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 91-64 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, pope-Ludlam, Miller. Nays: None. Absent: None. RECESS MEETING - LUNCHEON WORKSHOP At 12:03 p.m., Mayor Holcomb recessed the Regular Meeting of the Mayor and Common Council to a luncheon workshop in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING - LUNCHEON WORKSHOP At 12:30 p.m., Mayor Pro Tem Estrada reconvened the luncheon workshop in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. 24 2/18/91 ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Pro Tem Estrada; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; Senior Assistant City Attorney Barlow, City Clerk Krasney. Absent: Mayor Holcomb; Council Member Pope-Ludlam, City Administrator Edwins. MID YEAR BUDGET REVIEW - LUNCHEON WORKSHOP (37) Andrew Green, Director of Finance, presented the 1990/91 Mid Year Budget Analysis report prepared by Shauna Edwins, City Administrator, and himself. Mr. Green stated that the first half of the 1990/91 fiscal year has had numerous unanticipated events which have caused severe budget changes prior to mid year. These and other unknown factors, such as the economic effects of the war, make forecasting very difficult. Overall, at mid year, the City is where it expected to be as reported during the November budget adjustment period. This includes anticipated shortfalls resulting from SB2557 and fund deficits. Finance Director Green stated that indications are that as of mid year, the City's financial condition is not any worse than what was predicted during November. However, the City's unhealthy condition needs to be improved. It is anticipated that a recession and war will adversely affect revenues even more in the second half of the 1990/91 fiscal year. Therefore, action needs to be taken now to minimize future impact. Actions such as revenue enhancements and expenditure cuts including layoffs, if necessary, must be taken now to ensure the necessary savings by fiscal year end. Mr. Green explained that it is anticipated that as a result of recent information from the State of California, additional cuts will be required in the 1990/91 fiscal year. A major and continuing problem which the City faces is the lack of adequate reserves. An amount equal to 5% of General Fund expenditures is considered an industry standard to guard against unfavorable contingencies. This would equate to approximately $3.4 million for the City. Mr. Green stated that the items listed below should be considered at mid year and for the 1991/92 budgetary process: Economic Recession and War in the Persian Gulf Mr. Green stated that the most unpredictable and variable factors which will affect the financial condition of the City are economic recession and the war in the Persian Gulf. An extended war could stimulate business production, which in turn could shorten the economic recession. However, an extended war could 25 2/18/91 also reduce overall business production due to a conservative attitude on the part of consumers. The war could also have an adverse affect on the City's cost for gasoline thus resulting in increased costs in addition to revenue decreases. Bookino and Property Tax Administration Fees (SB25571 Andrew Green explained that the State's decision (SB2557) to allow counties to pass through their costs of booking prisoners and collection of property taxes to cities has been very detrimental to the City. The estimated cost of these fees and other State and Federal budget balancing measures is $2 to $2.5 million in 1990/91. The City implemented revenue enhancements and cost saving measures to counter these fees. The effects of these measures will not materialize until the second half of the fiscal year. MAYOR HOLCOMB RETURNED At 12:40 p.m., Mayor Holcomb returned to the Council meeting. Proaress of Municipal Resource Consultants (MRC) Audit Sales Tax Finance Director Green stated that the City has received approximately $191,600 of net verified additional sales tax revenue since MRC began sales tax auditing in 1987. Additional State Deficit for 1990/91 Mr. Green reported that recent information from the State of California indicates a 1990/91 deficit even larger than the $3.6 billion estimate which created SB2557. The State now estimates that the 1990/91 deficit could be as much as $10 billion. This additional State deficit, if it materializes, will almost certainly lead to additional fees and/or revenue cuts for cities. Sale of Street Liohts to Southern California Edison Mr. Green explained that there is a possibility that the City will receive up to $1.5 million from the sale of City street lights to Southern California Edison. It is anticipated that Edison's requirement to upgrade the system to meet their standards will reduce this amount. Although this action would also equate to increased annual electricity costs, the increase would be passed to the Street Lighting & Street Sweeping Assessment District No. 994 with no effect to the General Fund. It is recommended, if the sale materializes, that 50% be placed in reserve and 50% be used to reduce the estimated $5.9 million of fund deficits. 26 2/18/91 CITY ADMINISTRATOR EDWINS RETURNED At 1:00 p.m., City Administrator Edwins returned to the Council meeting. Fund Deficits Finance Director Green explained that indications are that by the end of 1990/91 various funds of the City will realize deficits totaling approximately $5.9 million. The largest fund deficit, the Health Self Insured Fund, is being addressed through an incremental surcharge to departments. The City Administrator will be recommending a policy which will set aside a dollar amount to be applied to these fund deficits each year. This process will be a part of every budgetary process beginning with the 1991/92 fiscal year. This will mean additional budget cuts for other funds primarily the General Fund. Recommendations for Remainder of FY 1990/91 Mr. Green presented the following list of recommendations for the remainder of FY 1990/91: continue existing restricted hiring policy; restrict usage of overtime and require that all overtime be approved by the City Administrator only after justification is presented by department; require submission of justification in detail to the City Administrator's Office for all new programs where additional new personnel is involved; restrict budget transfers which do not have detailed justification; and require department heads to provide and implement at least one way to operate more efficiently within their departments and specify that revenue generating ideas should not be substituted for the cost savings idea. Conclusion Mr. Green explained that as a result of the revenue enhancements and expenditure cuts, the City has significantly slowed the deterioration of its financial condition. All indicators point to the fact that additional difficult decisions and "belt tightening" will be required to maintain the City's current positive trend. The uncertainty of future economic conditions dictates that action be taken now and not at fiscal year end to minimize the impact of additional economic downturns. Andrew Green, Director of Finance, answered questions relating the mid year budget analysis report and the Health Self Insured Fund. 27 2/18/91 CITY CLERK KRASNEY EXCUSED At 1:15 p.m., City Clerk Krasney left the Council meeting and the City Clerk's duties were assumed by Deputy City Clerk Vale. CITY ATTORNEY PENMAN ARRIVED At 1:15 p.m., City Attorney Penman arrived at the Council meeting. Discussion ensued relating to: departments which are not self supporting and require continued financial support from the General Fund; contracting out certain types of services; taking additional actions at mid year to reduce budget deficits; subsidizing unincorporated areas of the County for Fire and Police protection; Highland residents using City park facilities; and the potential of implementing by law a fund deficit plan similar to Gramm-Rudman. ADJOURN LUNCHEON WORKSHOP At 1:32 p.m. Mayor Holcomb adjourned the luncheon workshop to 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2: 05 p.m., Mayor Holcomb reconvened the Regular Meeting of the Mayor and Common Council of the City of San Bernardino, 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, Pope-Ludlam; Senior Assistant City Attorney Barlow, City Clerk Krasney, City Administrator Edwins. Absent: Council Member Miller. PUBLIC COMMENTS DANIEL ROBBINS, POLICE CHIEF SHAUNA EDWINS, CITY ADMINISTRATOR - POLICE DEPARTMENT COMPUTER SYSTEM (3) Daniel Robbins, Police Chief, stated that Shauna Edwins, City Administrator, spearheaded the search for an automated system that can be used by the Police Department as well as other City Departments. Chief Robbins emphasized the importance of belongings with a California driver's license identification number. This identification ensure the return of stolen property. marking personal number or other is necessary to Shauna Edwins, City Administrator, explained that the records management system that will be purchased will work in conjunction with the CAD system and mobile data terminals through 28 2/18/91 the Dispatch Center. She explained that the City hired Omnicom, a consultant, to evaluate the City's records management and CAD system. Their report, finalized in December, 1990, stated that the existing software in the Police Department should. be maintained and that the hardware should be updated to handle the capacity needed for the additional records management and be compatible with other existing equipment. The Data Processing Committee has met regularly and will shortly make a decision on which equipment to purchase. Mrs. Edwins stressed that City officials have always given this high priority. CITY ADMINISTRATOR EDWINS EXCUSED At 2:11 p.m., City Administrator Edwins left the Council meeting. PUBLIC HEARING - TO CONSIDER ORDINANCE RELATIVE TO AN ADMINISTRATIVE REVIEW WITH NOTICE FOR SINGLE-FAMILY DWELLINGS WITHIN CERTAIN AREAS OF THE CITY. (39) This is the time and place set for a public hearing to consider the ordinance amending the Municipal Code by revising the procedures for review and approval of infill construction and remodel of single-family dwellings within certain foothill areas of the City. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 19.08.040, AND 19.72.010, AND AMENDING CHAPTER 19.80, OF THE SAN BERNARDINO MUNICIPAL CODE REQUIRING AN ADMINISTRATIVE REVIEW WITH NOTICE FOR SINGLE-FAMILY DWELLINGS WITHIN CERTAIN AREAS OF THE CITY. (First)(39) In a memorandum dated February 1, 1991, Larry Reed, Director of Planning and Building Services, stated that the existing hillside view ordinance, MC-677, has had an undesirable effect of stifling infill construction and remodeling of single-family homes in the hillside areas. The Review of Plans process required by MC-677 is costly for the applicant in terms of fees, and for the City in terms of staff processing time. The hillside areas defined by MC-677 have proven arbitrary in that some of the lots in the area have little or no slope and no view constraints. The proposed ordinance repeals Ordinance MC-677, and establishes an administrative review process for construction and/or remodeling of single-family dwellings in hillside areas. The review would become a part of the building permit application plan check process, reducing staff review time. The administrative review process that will be established by the proposed ordinance will be less costly to both the City and the applicant while complying with the intent of preserving mountain and valley views. Mayor Holcomb opened the public hearing. 29 2/18/91 There were no protests. Council Member Maudsley made a motion, seconded by Council Member Reilly, and unanimously carried, that the hearing be closed; that the Mayor and Common Council adopt the negative declaration; and that the ordinance be laid over for final adoption. PUBLIC HEARING - ORDINANCE REGULATING CONSTRUCTION AND OPERATION OF CONVENIENCE STORES. (40) This is the time and place set to consider the ordinance regulating the construction and operation of convenience stores within the City of San Bernardino. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 19.23 TO THE SAN BERNARDINO MUNICIPAL CODE TO REGULATE THE CONSTRUCTION AND OPERATION OF CONVENIENCE STORES. (First) (40) In a memorandum dated February 18, 1991, Larry Reed, Director of Planning and Building Services, stated that an initial study was prepared by staff and presented to the Environmental Review Committee (ERC) on November 8, 1990. The ERC determined that no significant impacts would result from the ordinance and recommended a Negative Declaration. The proposed Negative Declaration was advertised and available for public review and comment from November 13, 1990 to December 3, 1990. No comments were received from the public during the review period. On January 8, 1991 the Planning Commission reviewed the ordinance and recommended that the Mayor and Common Council adopt it as written. The proposed ordinance was drafted in response to growing concern over the proliferation and concentration of convenience stores in the Ci ty. The concern stems from the level of criminal, illegal and illicit activity that occurs within the vicinity of convenience stores, which leads to increased calls for police service and threats to the peace, safety and general welfare to the surrounding communities. The proposed ordinance addresses the concerns associated with the establishment and operation of convenience stores. If adopted, the ordinance is expected, over a period of time, to reduce the number of police calls for service in the vicinity of convenience stores and promote the peace, health, safety and general welfare of the City. A further advantage of the ordinance is that it will eliminate the need to process many conditional use permits for proposals that do not meet the criteria of the ordinance. Adoption of the ordinance will save prospective applicants costly processing fees as well as eliminate the need for staff to process these applications. 30 2/18/91 Mayor Holcomb opened the public hearing. There were no protests. Larry Reed, Director stated that the ordinance to new construction. of Planning and Building Services, does not apply retroactively, but only Mr. Reed answered questions relating to the standards of conduct on the premises of convenience stores. He stated that the owner and management must meet standards of construction and operation of the business. The City reserves the right to use the revocation procedure upon the owners' failure to maintain the premises. Dennis Barlow, Senior Assistant City Attorney clarified the standards of conduct for convenience stores. Council Member Minor made a motion, Member Flores, and unanimously carried, closed; that the Mayor and Council declaration; and that said ordinance be adoption. seconded by Council that the hearing be adopt the negative laid over for final COUNCIL MEMBER ESTRADA EXCUSED At 2:26 p.m., Council Member Estrada left the Council meeting. COUNCIL MEMBER MILLER RETURNED At 2:27 p.m., Council Member Miller returned to the Council meeting and took her place at the Council table. APPEAL - LANDSCAPING REQUIREMENT FOR CONDITIONAL USE PERMIT NO. 90-51 MUNICIPAL CODE SECTION 19.56.120(A)(5) - 5% INTERIOR LANDSCAPING OF THE PAVED PARKING AREA - JOANE SIMMONDS (41) This is the time and place set to hear the appeal filed by Joane Simmonds relative to Municipal Code Section 19.56.120 (A) (5) requiring 5% interior landscaping of the paved parking area. In a memorandum dated January 24, 1991, Larry Reed, Director of Planning and Building Services, stated that Conditional Use Permit No. 90-51 is a request to permit the operation of a vocational trade school for heating and air conditioning repairs and service instruction in a building located at 1598 North "H" Street. Municipal Code Section 19.56.120 (A)(5) requires that at least 5% of the total paved parking area be landscaped. The applicant objected to the regulation at the Planning Commission hearing held on January 8, 1991. The Planning Commission denied the objection and approved the Conditional Use Permit with the requirement to provide the 5% interior landscaping. 31 2/18/91 Mayor Holcomb opened the appeal hearing. Joane Simmonds, North American Heating and Air Conditioning Training Center, Inc., 1598 North "H" Street, San Bernardino, stated that the lease was in effect when she was notified of the landscaping requirement. The building is an existing small building which previously was a day care school and the Boy Scouts building. The City requirement is to tear out the existing parking lot and add landscaping, which would eliminate some of the front parking. She stated that landscaping is in across the front of the building. The neighbors' reaction was that the landscaping would be a haven for litter. They were more opposed to the litter than the pavement. It is recommended that in the rear area, instead of the three to four foot wide planter strip, that vines covering the fence would be just as pleasing as the landscaped area. Council Member Reilly made a motion, seconded by Council Member Flores, and unanimously carried, that the hearing be closed; that the appeal relative to Conditional Use Permit No. 90-51 be continued to March 11, 1991, to allow staff time to review and return with recommendations on alternative landscaping requirements. AUTHORIZATION FOR OUT OF STATE TRAVEL POLICE DEPARTMENT - DALE BLACKWELL - CARGO THEFT AND NARCOTIC INVESTIGATION AND TRANSPORT SYSTEM SCHOOL GLYNCO, GEORGIA, 3/18 - 3/29/91 (Continued from earlier in the meeting, see page 13) (9 ) This is the time and place continued to for discussion on the request to authorize out of state travel for Officer Dale Blackwell. In a memorandum dated January 30, 1991, Daniel Robbins, Chief of Police, stated that cargo thefts, and the recovery of property from cargo theft crime, has steadily increased within the City. Presently, no San Bernardino police officer has the needed expertise to adequately deal with this type of crime in the community. Chief Robbins recommended that Detective Dale Blackwell be sent to the National Center for State and Local Law Enforcement Training in Glynco, Georgia. The training facility provides a two week school entitled "Cargo Theft and Narcotics Investigations and Transport Systems", scheduled for the week of March 8-29, 1991. Chief Robbins explained in his memorandum that Certified Grocers has provided a $1,000 scholarship to the Police Department to send one detective to the cargo theft school. The 32 2/18/91 subject matter covered by the school includes: organized crime, case management, methods informants and undercover operatives, investigative equipment. cargo fencing, of concealment, and technical Council Member Miller made a motion, seconded by Council Member Minor, and unanimously carried, that out of state travel to Glynco, Georgia, for Detective Dale Blackwell to attend the Cargo Theft and Narcotic Investigation and Transport System School from March 18-29, 1991, be approved. APPROVAL OF CHANGE ORDER NO. 3 INSTALLATION OF LANDSCAPING IMPROVEMENTS - $6,170.00 CONTRACT INCREASE - LANDSCAPING ALONG FRONTAGE ROAD AND KENDALL DRIVE, EAST OF LITTLE MOUNTAIN DRIVE - MENTONE TURF & SUPPLY. (Continued from earlier in the meeting, see page 13) (15) This item was continued to 11:00 a.m., to be taken up in conjunction with the Community Development Commission agenda, and was not taken at that time. In a memorandum dated February 4, 1991, Roger Hardgrave, Director of Public Works/City Engineer, stated that sections of the area between Kendall Drive and the adjoining frontage road, east of Little Mountain Drive, have been landscaped by recent developers. The owners of the three parcels with older developments were contacted to determine if they would be willing to maintain landscaping if it were installed by the City. An affirmative answer was received from the owners of the two parcels in the middle of the block. Mentone Turf & Supply maintains the landscaping in the Community Development Department State College Project Area. They have provided a price quote of $6,170 to install landscaping, including separate water and electrical services. The landscaping will be comparable with the existing materials. The funds to finance the cost of the extra work will be provided by Community Development Department State College Project Area. Council Member Minor made a motion, seconded by Council Member pope-Ludlam, and unanimously carried, that Change Order No. 3 to the contract with Mentone Turf & Supply, for the installation of landscaping along the Frontage Road for Kendall Drive, be approved; to authorize Mentone Turf & Supply to install landscaping improvements, at an increase in the contract price of $6,170, from $98,571.22 to $104,741.22. RECESS MEETING - CLOSED SESSION (1) At 2:35 p.m., the Mayor and Common Council recessed to closed session in the conference room of the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California for the following: 33 2/18/91 1. e. to confer with the attorney regarding pending Ii tigation pursuant to Government Code Section 54956.9 (b) (1), as there is significant exposure to litigation. CLOSED SESSION At 2:36 p.m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor, pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney. Absent: Council Member Estrada, City Administrator Edwins. Also present were: Senior Deputy City Attorney Martin, City Attorney's Office. ADJOURN CLOSED SESSION At 2:39 p.m., the closed session was adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 2:40 p.m., Mayor Holcomb reconvened the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor, pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney. Absent: Council Member Estrada, City Administrator Edwins. ADJOURNMENT (42) At 2:41 p.m., Mayor Holcomb adjourned the meeting to 8:30 a.m., Monday, March 11, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL KRASNEY City Clerk / c/// /1 .-- /, By 1~C0rtl4H.~ :?~....c."----./ Melanie Vale Deputy City Clerk No. of Items: 53 No. of Hours: 7 34 2/18/91