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HomeMy WebLinkAbout03-11-1991 Minutes City of San Bernardino, California March 11, 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. March 4, 1991, in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California, all members being absent therefrom. The City Clerk has caused to be posted the Order of Adjournment of said meeting held on March 4, 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 9:00 a.m., Monday, March 4, 1991, on the door of the place at which said meeting was held. The Adjourned Regular Meeting of the Mayor Council of the City of San Bernardino was called Mayor Holcomb at 8:30 a.m., Monday, March 11, Council Chambers of City Hall, 300 North "D" Bernardino, California. and Common to order by 1991, in the Street, San ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsiey, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Member Estrada. RECESS MEETING - CLOSED SESSION (1 & S-3) At 8:30 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 3/11/91 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)(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 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: City 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. Citv of San Bernardino. et al- United States District Court Case No. SA 88-461 AHS (RWRx); City of Redlands vs. Inland Valley Development Aoencv, et al - San Bernardino Superior Court Case No. 255222; City of San Bernardino vs. Deukmejian. et al San Bernardino Superior Court Case No. 256623; County vs. City of San Bernardino IRDA) - 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. Dvkes - San Bernardino Superior Court Case No. 254883; Frank Vasouez 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. 2 3/11/91 Jov Reynolds vs. City of San Bernardino - San Bernardino Superior Court Case No. 260458; Tammy Murphv vs. City of San Bernardino - San Bernardino Superior Court Case No. 254764; Carl B. Alston vs. Civil Service Board of the City of San Bernardino - San Bernardino Superior Court Case No. 252495- Court of Appeals - Fourth District - Case No. E007857; Carl B. Alston vs. City of District Court Case No. Circuit Court of Appeals; San Bernardino - United States CV 90-0012 WPG (GHKx); Ninth Carl B. Alston vs. Civil Service Board; Willow Woods vs. Citv of San Bernardino - San Bernardino Superior Court Case No. SCV 249477; Marina Contractors vs. City of San Bernardino - Arbitration. Zaharopoulos vs. Ci tv of San Bernardino - United States District Court - Case No. SACV 90-519 AHS (RWR). CLOSED SESSION At 8:30 a.m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken 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. Also present: Richard Simmons, Deputy City Attorney; Dennis Barlow, Senior Assistant City Attorney. READING OF RESOLUTIONS AND ORDINANCES Deputy City Clerk Medina read the titles of all the resolutions and ordinances on the regular, supplemental and Community Development agendas while the Council was in closed session. COUNCIL MEMBER ESTRADA ARRIVED At 8:35 a.m., Council Member Estrada arrived at the closed session. SR. ASSISTANT CITY ATTORNEY BARLOW EXCUSED At 9:05 a.m., Senior Assistant City Attorney Barlow left the closed session. 3 3/11/91 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 9:29 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 by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller, City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: None. INVOCATION The invocation was given by Phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Reilly. APPOINTMENT - IN CLOSED SESSION - DR. SHERRY HOWIE TO THE LIBRARY BOARD Mayor Holcomb announced that in closed session the Council voted unanimously to appoint Dr. Sherry Howie, professor at Cal State University of San Bernardino, to the Library Board, to replace Mr. Dave Light. ANNOUNCEMENT BY MAYOR - ARTICLE IN THE SUN NEWSPAPER- CITY MANAGER FORM OF GOVERNMENT Mayor Holcomb spoke regarding an article published in The Sun newspaper regarding a City Manager form of government. He criticized the publisher, Mr. Richard Kimball, for not knowing the full picture and publishing incorrect information. Mayor Holcomb stated that a Charter Revision Committee was formed by the previous Mayor to examine the Charter in great detail. The committee members were distinguished people who were very knowledgeable. After a thorough review of the Charter, the Committee did not support a City Manager form of government. ANNOUNCEMENT BY COUNCIL MEMBER MILLER ARDEN AND GUTHRIE AREA Council Member Miller stated that the City has closed off the area generally bounded by Sterling Avenue, 18th Street, 20th Street, and McKinley, to public traffic on weekends beginning on Friday evening, March 8, 1991. These streets are available only to residents in the area. This action has been taken because of the extreme violence and crime in this area. 4 3/11/91 ANNOUNCEMENT CITY ATTORNEY PENMAN ARDEN & GUTHRIE APARTMENT COMPLEX City Attorney Penman spoke regarding the large number of crimes and violent acts in the apartment complex at Arden and Guthrie. He explained that within a 45-day period, there were seven shootings and one murder. However, with the assistance of Public Services, Animal Control, Code Enforcement, Facilities Management and the Fire Departments, the area is being cleaned. ANNOUNCEMENT - MANUEL MORENO - CLEAN UP OF ARDEN & GUTHRIE APARTMENT COMPLEX Manuel Moreno, Jr., Director of Public Services, stated that approximately $4,000 in dumping fees and labor has been spent to clean up the Arden and Guthrie apartment complex. PUBLIC COMMENTS -Hoanne R. Fredean CRIME & DRUG ACTIVITY OCCURRING UNDERGROUND Hoanne R. Fredean, 1582 Concord Street, San Bernardino, complained that she believes there is tunneling activity occurring in her neighborhood. She stated that there is drug activity and violence occurring beneath her home, as she has heard screaming voices and cries. She expressed concern and questioned what would be done about this illegal activity. In a memorandum dated recommended the appointment Street, Highland, to the Fine APPOINTMENT - SONIA E. BAKER - FINE ARTS COMMISSION (4) February 13, 1991, Mayor of Sonia E. Baker, 3147 Arts Commission. Holcomb Blythe Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, to approve the appointment of Sonia E. Baker to the Fine Arts Commission, per Mayor Holcomb's request. APPOINTMENT - SALLY KOVACH - FINE ARTS COMMISSION (4) In a memorandum dated February 13, 1991, Mayor Holcomb recommended the appointment of Sally Kovach, 787 W. Edgehil1 Road, San Bernardino, to the Fine Arts Commission. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, to approve the appointment of Sally Kovach to the Fine Arts Commission, per Mayor Holcomb's request. APPOINTMENT - GLEN I. GIPSON - COMMUNITY TELEVISION COMMISSION (4) In a memorandum dated February 20, 1991, Mayor Holcomb recommended the appointment of Glen I. Gipson, 6495 Palm Avenue, San Bernardino, to the Community Television Commission, per Council Member Minor's request. 5 3/11/91 Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, to approve the appointment of Glen I. Gipson to the Community Television Commission per Council Member Tom Minor's request. Glen Gipson was present to accept the certificate of appointment from .Council Member Minor. PRESENTATION - PHIL WALLER, CPA - ARROWHEAD UNITED WAY (4) Phil Waller, CPA, on behalf of the Arrowhead United Way, thanked the Mayor for allowing a survey of the City of San Bernardino to be conducted. He further stated that the survey indicated that the City of San Bernardino had a 16% increase in contributions over last year. He congratulated John Wood and Debi Biggs, United Way Coordinators for the City, for a job well done. Mr. Waller presented Mayor Holcomb with a City go~ernment perpetual trophy for an outstanding increase and hard work on the United Way Campaign. PROCLAMATION - MARCH OF DIMES - CAMPAIGN FOR HEALTHIER BABIES - APRIL, 1991 (4) Lorraine velarde, Executive Assistant to the Mayor, read a proclamation for the March of Dimes Birth Defects Foundation, declaring the month of April, 1991, as March of Dimes Campaign for Healthier Babies Month. Allison Rodriguez, Ambassador for the March of Dimes, was present to accept the proclamation from Mayor Holcomb. PROCLAMATION - WOMEN'S HISTORY MONTH - MARCH, 1991 (4) Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring the month of March, 1991, as Women's History month in the City of San Bernardino. Juanita Buckner and Lorna Royse, committee Women of Achievement Committee, were present proclamation from Mayor Holcomb. members of the to accept the CITY CLERK KRASNEY EXCUSED At 10:30 a.m., City Clerk Krasney left the Council meeting and was replaced by Deputy City Clerk Reese. PRESENTATION - DON DONNELLY - STATE FIRE ASSOCIATION (4) Don Donnelly, a representative of the State Fire Association, spoke regarding the meritorious services given by certain fire and police departments' employees. Mr. Donnelly introduced Roland Mason, Kris Hall, and Ed Gulubeck of the Police 6 3/11/91 Department; and Fred Poe, of the Fire Department. Mr. Donnelly explained that these individuals deserve special recognition for the courageous attempt to save the life of a woman trapped inside her burning home. Mr. Donnelly presented a certificate of merit to Roland Mason, Kris Hall, Ed Gulubeck and Fred Poe for their outstanding performance. WAIVE FURTHER READING OF RESOLUTIONS AND ORDINANCES (5) Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development agendas be waived. COUNCIL MINUTES - JANUARY 14, 1991 - JANUARY 23, 1991- FEBRUARY 4, 199 1 ( 6 ) Council Member Miller made a motion, seconded by Council Member pope-Ludlam, 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: January 14, 1991; January 23, 1991; February 4, 1991. Council Member Reilly abstained from voting on the minutes of January 23, 1991, as he was not present at that meeting. CLAIMS AND PAYROLL (7) Council Member Miller made a motion, seconded by Council Member pope-Ludlam, and unanimously carried, that the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated March 1, 1991, from the Director of Finance, be approved. PERSONNEL ACTIONS (8) Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the personnel actions submitted by the Acting Chief Examiner, dated February 26, 1991, in accordance with all administrative regulations of the City of San Bernardino, be approved. RES. 91-65 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH OMNITRANS, A JOINT POWERS AUTHORITY AND SAN BERNARDINO DOWNTOWN MAIN STREET, INC., A NONPROFIT CORPORATION, RELATING TO THE INSTALLATION, MAINTENANCE, AND TYPE OF TRANSIT FURNITURE AND RELATED AMENITIES AT DOWNTOWN SAN BERNARDINO BUS STOPS. (9) 7 3/11/91 RES. 91-66 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT. (10) RES. 91-67 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO AN AGREEMENT WITH GFB-FRIEDRICH AND ASSOCIATES, INC., FOR PROFESSIONAL SERVICES RELATIVE TO THE FORMATION OF ASSESSMENT DISTRICT NO. 977, LOCATED IN THE CAJON AND JUNE AREA. (11) RES. 91-68 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO CORNISH CONSTRUCTION COMPANY FOR INSTALLATION OF STORM DRAIN IN MILL STREET, FROM "E" STREET TO WARM CREEK CHANNEL, AND MODIFICATION OF TRAFFIC SIGNALS AT MILL STREET, "E" STREET AND INLAND CENTER DRIVE. (12) RES. 91-69 - RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING DETERMINATIONS CONCERNING CONSTRUCTION OF PUBLIC IMPROVEMENTS AND ACQUISITION OF PROPERTY BY SPECIAL ASSESSMENTS, DEFINING PROJECT BOUNDARIES AND ORDERING PREPARATION OF A REPORT FOR ASSESSMENT DISTRICT NO. 987 (VERDEMONT AREA). (13) RES. 91-70 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE PROPOSED BOUNDARIES OF THE AREA TO BE ASSESSED FOR CERTAIN PUBLIC IMPROVEMENTS AND ACQUISITION IN ASSESSMENT DISTRICT NO. 987 (VERDEMONT AREA) . ( 15 ) RES. 91-71 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING INTENTION TO ORDER THE ACQUISITION AND CONSTRUCTION OF CERTAIN IMPROVEMENTS TOGETHER WITH APPURTENANCES PURSUANT TO THE PROVISIONS OF THE MUNICIPAL IMPROVEMENT ACT OF 1913; 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 IN ASSESSMENT DISTRICT NO. 987 (VERDEMONT AREA). (16) RES. 91-72 -RESOLUTION OF THE CITY OF SAN BERNARDINO PASSING ON AND GIVING PRELIMINARY APPROVAL TO THE REPORT OF THE ENGINEER OF WORK AND APPOINTING A TIME AND PLACE FOR PUBLIC HEARING FOR ASSESSMENT DISTRICT NO. 987 (VERDEMONT AREA). (17) 8 3/11/91 RES. 91-73 - RESOLUTION REFERENCING PREVAILING CONSTRUCTION BIDS FOR (VERDEMONT AREA). OF THE CITY OF SAN BERNARDINO WAGE SCALE AND CALLING FOR ASSESSMENT DISTRICT NO. 987 (18) RES. 91-74 - RESOLUTION OF REQUESTING PROPOSAL FOR ASSESSMENT DISTRICT NO. 987 THE CITY OF SAN BERNARDINO THE SALE OF BONDS FOR (VERDEMONT AREA). (19) RES. 91-75 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO TRAFFIC OPERATIONS, INC., FOR INSTALLATION OF STREET NAME SIGNS AT VARIOUS LOCATIONS. (20) RES. 91-76 - RESOLUTION OF THE CITY OF SAN BERNARDINO SUMMARILY VACATING THAT CERTAIN EXCESS STREET AND HIGHWAY RIGHT-OF-WAY AND SETTING SAID PROPERTY ASIDE FOR THE USE OF THE CITY WATER DEPARTMENT, SAID PROPERTY LOCATED ON THE SOUTH SIDE OF FOOTHILL BOULEVARD, WESTERLY OF THE LYTLE CREEK FLOOD CONTROL CHANNEL. (21) RES. 91-77 - RESOLUTION OF THE CITY OF SAN BERNARDINO VACATING AND AUTHORIZING THE EXECUTION OF A QUITCLAIM DEED FOR A PUBLIC SERVICE EASEMENT FOR A WATER PIPELINE LOCATED NORTHERLY OF THE NORTHEAST CORNER OF PENNSYLVANIA AVENUE AND LITTLE LEAGUE DRIVE, IN SAN BERNARDINO. (22) RES. 91-78 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT WITH FULLERTON BUILDING, INC., RELATING TO PLACEMENT OF A TRASH ENCLOSURE IN PARKING DISTRICT LOT NO.3. (24) RES. 91-79 - 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 NINTH STREET BETWEEN VALENCIA AVENUE AND BOBBETT DRIVE. (25) Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, that said resolutions be adopted. Resolution Nos. 91-65, 91-66, 91-67, 91-68, 91-69, 91-70, 91-71, 91-72, 91-73, 91-74, 91-75, 91-76, 91-77, 91-78 and 91-79 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. 9 3/11/91 A RESOLUTION OF THE CITY OF SAN BERNARDINO, APPROVING INCREASES TO WATER RATES ESTABLISHED BY THE BOARD OF WATER COMMISSIONERS, AS SET FORTH IN RULE AND REGULATION NUMBERS 14 AND 21 OF THE BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO. (26) Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that said resolution be continued to a luncheon workshop on Monday, March 18, 1991, and that a hearing be scheduled for 2:00 p.m., March 18, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. MC-768 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. (Final) (27) MC-769 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.90 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO MOBILE HOME RENT STABILIZATION. (Final) (28) MC-770 - 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. (Final) (29) MC-771 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. (Final) ( 30) MC-772 - ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 8.82 TO THE SAN BERNARDINO MUNICIPAL CODE; ESTABLISHING CHARGES FOR EXTRAORDINARY LAW ENFORCEMENT SERVICES. (Final) (31) MC-773 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.81 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO SECURITY ALARM SYSTEMS. (Final) (32) MC-774 ORDINANCE OF THE CITY OF SAN AMENDING SECTION 10.52.020 OF THE SAN MUNICIPAL CODE ESTABLISHING A SPEED ZONE ON OF THIRTY-FIVE MILES PER HOUR BETWEEN SIXTH BASE LINE STREET. (Final) BERNARDINO BERNARDINO "H" STREET STREET AND (33) 10 3/11/91 Council Member Miller made a motion, seconded by Council Member pope-Ludlam, that said ordinances be adopted. Ordinance Nos. MC-768, MC-769, MC-770, MC-771, MC-772, MC- 773 and MC-774 were adopted by the following vote: Ayes: Council Member Estrada, Reilly, Flores, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Absent: None. RES. 91-80 - RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING DESIGNATIONS AND APPOINTMENTS TO FULFILL RESPONSIBILITIES AND PERFORM DUTIES FOR ASSESSMENT DISTRICT NO. 987 (VERDEMONT AREA). (14) Roger Hardgrave, Director of Public Works/City answered questions of the Council regarding the performing the duties for the assessment district. Engineer, engineer Council Member Estrada made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 91-80 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 91-81 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT WITH FULLERTON BUILDING, INC., RELATING TO INGRESS AND EGRESS THROUGH PARKING DISTRICT LOT NO.3. (23) The Council discussed whether or not the trash container would be visible from Arrowhead Avenue. Roger Hardgrave, Director of Public Works/City Engineer, answered questions. Council Member Estrada made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 91-81 was adopted by the Ayes: Council Members Estrada, Reilly, Flores, pope-Ludlam, Miller. Nays: None. Absent: None. following vote: Maudsley, Minor, PROTEST HEARING - ASSESSMENT DISTRICT 977B - CAJON AND JUNE ACQUISITION DISTRICT - RESOLUTIONS ACCEPTING WORKS OF IMPROVEMENTS AND CONFIRMING THE ASSESSMENT (Continued from March 4, 1991) (34) This is the time and place continued to for a hearing to consider any protests regarding improvements in Assessment District No. 977B located at Cajon and June. In a memorandum dated February 18, 1991, Roger Hardgrave, Director of Public Works/City Engineer, stated that the Council previously authorized proceedings for the formation of a special 11 3/11/91 assessment district for the public financing of the subdivision improvements to be constructed within City Subdivision Tracts 14184 and 14185. Subsequent thereto, the property owners were notified as to their estimated assessment in the manner as required by law and appropriate notice was given. Mayor Holcomb opened the hearing. No protests were received. RES. 91-82 - RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING THE WORKS OF IMPROVEMENT AND APPROVING "AS- BUILT" CERTIFICATE. RES. 91-83 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE ASSESSMENT, ORDERING THE ACQUISITION MADE, TOGETHER WITH APPURTENANCES, AND APPROVING THE ENGINEER'S "REPORT". Council Member Miller made a motion, seconded by Council Member pope-Ludlam, and unanimously carried, that the protests, if any, be overruled, the hearing be closed, and find and determine that the public convenience and necessity require the acquisition of certain improvements in the area of Cajon and June Street area in the City of San Bernardino; and that said resolutions be adopted. Resolution following vote: Maudsley, Minor, Nos. 91-82 and 91-83 were adopted by the Ayes: Council Members Estrada, Reilly, Flores, Pope-Ludlam, Miller. Nays: None. Absent: None. PROTEST HEARING AND RESOLUTION ORDERING VACATION- PORTION OF EDGEHILL ROAD, EAST OF LITTLE MOUNTAIN DRIVE Continued from March 4, 1991 (35) This is the time and placed continued to for a hearing to consider any protests regarding the vacation of a portion of Edgehill Road, east of Little Mountain Drive. In a memorandum dated February 25, 1991, Roger Hardgrave, Director of Public Works/City Engineer, stated that he had received a request from the Edgehill Management Corporation that Edgehill Road, east of Little Mountain Drive, be vacated. This request was submitted on behalf of the condominium owners' in response to their desire to control access by installing a security fence. This desire stems from a long series of vandalism and criminal activities, culminating in the murder of a tenant in December of 1989, by an intruder. Authorization was given to proceed with the proposed vacation and Plan No. 8159 was approved. Mayor Holcomb opened the hearing. 12 3/11/91 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF THAT PORTION OF EDGEHILL ROAD EAST OF LITTLE MOUNTAIN DRIVE IN THE CITY OF SAN BERNARDINO AND RESERVING EASEMENTS FOR WATERLINES AND APPURTENANT FACILITIES, EMERGENCY INGRESS AND EGRESS, INGRESS AND EGRESS RIGHTS FOR THE OWNERS OF PROPERTY IN TRACT 11047, THEIR HEIRS AND ASSIGNS, AND PUBLIC UTILITY EASEMENTS THEREIN. Roger Hardgrave, Director of Public Works/City Engineer, stated that the applicant needs to contact the City to make arrangements for gaining control of the south half of Edgehill Road for a turn around for emergency ingress and egress before the resolution can be adopted. Mr. Hardgrave recommended that the resolution be continued until the applicant has made these arrangements. A discussion ensued regarding a year's lease for the south half of Edgehill Road, to be paid for by the applicant. Roger Hardgrave, Director of Public Works/City Engineer, gave the Council several options by which the price could be established. A discussion ensued regarding establishing a one dollar per year lease. City Attorney Penman stated that the value of the street is minimal and given the options and problems in the area, the one dollar per year lease seems appropriate. Council Member Minor made a motion, seconded by Council Member Maudsley, and unanimously carried, that the hearing be closed and the findings of fact as set forth in the staff report from Roger G. Hardgrave, Director of Public Works/City Engineer, as to why that portion of Edgehil1 Road lying east of Little Mountain Drive is no longer necessary for street purposes, be adopted; and that said resolution be continued to the Council meeting of March 18, 1991. STURGES AUDITORIUM - REQUEST FOR WAIVER OF FEES BY SAN BERNARDINO COUNTY SCHOOL MARCH 21, 1991- PRESENTATION OF "MY DAD AND ME" (38) In a memorandum dated February 15, 1991, Annie Ramos, Director of Parks, Recreation and Community Services, stated that the Office of the San Bernardino County Superintendent of Schools has requested the waiver of rental fees for the use of Sturges Auditorium. Total usage fees are $521.50; of this $234 will be for the replacement fund and $277.50 for rental. The play carries a strong message about substance abuse. While the performance will provide a valuable educational experience, it is 13 3/11/91 City policy that uses of Sturges Auditorium will be self- sustaining. In spite of previous requests, no other user has had fees waived for the use of Sturges Auditorium. Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the request for a waiver of fees in the amount of $521.50 by the San Bernardino County Schools for the use of Sturges Auditorium on March 21, 1991, for the presentation of "My Dad and Me" be approved, provided that the City receives a credit for use of the San Bernardino County School facilities in said amount. RECESS MEETING At 10:47 a.m., Mayor Holcomb declared a fifteen minute recess. RECONVENE MEETING At 11:02 a.m., Mayor Holcomb reconvened Regular Meeting of the Mayor and Common Council Chambers of City Hall, 300 North "D" Street, California. the Adjourned in the Council San Bernardino, ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Members pope-Ludlam, Miller. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.04.526 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO BUSINESS LICENSE FEES IN AREAS OF HIGH CRIME INCIDENTS. (First) (S-l) Mayor Holcomb explained that this ordinance is specifically tailored for the Arden and Guthrie area. It is a business license ordinance increasing the license fee from $60 per year to $1,060 per year for fourplexes and single family dwellings in areas of high crime. The increase is being recommended because of the tremendous cost in City services to police that area. The rationale is to make the property owners pay for the extra services. However, it does provide that if the property owners participate in a City approved homeowners association, the fee will remain $60 per year. Mayor Holcomb further explained that one of the biggest benefits of joining the homeowners association would be the fact that the tenants would be screened and that property maintenance would be enforced. COUNCIL MEMBERS POPE-LUDLAM AND MILLER RETURNED At 11:04 a.m., Council Members Pope-Ludlam and Miller returned to the Council meeting and took their places at the council table. 14 3/11/9l Glenn Wennen, 1018 Jefferson Street, Upland, CA 91786, owner of a fourplex in the Arden and Guthrie area, spoke in favor of the ordinance, as when he purchased the property, he did not realize the amount of gang activity occurring in the area. Since that time, the gang activity has increased tremendously and is now out of control. This new ordinance would force property owners in the area to join the homeowners association and help clean up the area. The screening of the tenants would be a great advantage for the property owners. Earline Dolan, property manager of Vista Apartments, 19th and Guthrie Streets, spoke in support of the ordinance. She stated that the action taken by the City thus far has improved the blight and lessened criminal activities. Ms. Dolan suggested that the homeowners should think of the business license fee increase not as a punishment, but as a reward. Keith Reno, 1400 Edgehill Road, owner of the Edgehill Village Complex, expressed concern regarding the criminal activity occurring in the area. Mr. Reno stated that the Arden and Guthrie complex is part of a special assessment district and questioned if the ordinance would include the new area recently annexed at Arden and Guthrie. Mayor Holcomb responded that the the whole Arden and Guthrie area, recently annexed into the City. ordinance would apply to which includes the area It was pointed out that in the ordinance on page 2, line 14, the fee increase amount should be $1,060 annually for property owners who do not join the homeowners association. City Attorney Penman explained that the ordinance would require some minor changes in the wording. He recommended that on page 2, line 15, the words "City Attorney" be changed to read "Mayor and Common Council". He also recommended that on page 2, line 16, the word "also" be stricken from the ordinance. Council Member Miller made a motion, seconded by Council Member Minor, and unanimously carried, that said ordinance be laid over for final adoption as amended by interdelineation. DECLARATION OF LOCAL EMERGENCY - ARDEN/GUTHRIE SOUTH NEIGHBORHOOD (S-4) In a memorandum dated March 7, 1991, James Penman, City Attorney, reported that pursuant to the authority of San Bernardino Charter Section 50, San Bernardino Municipal Code Section 2.46.060, and Government Code Section 8630 et seq., on March 6, 1991, the Mayor proclaimed the existence of a local emergency in the Arden/Guthrie south neighborhood because of the high concentration of violent crimes, on-going drug activity and very heavy drug sales over the past month and a half. Pursuant to the requirements of the Municipal Code, the Council is 15 3/11/91 requested to confirm this declaration of a local emergency and direct that it be in existence until 6:00 a.m., Monday, March 18, 1991, unless extended by the Mayor and Common Council. Council Member Miller made a motion, seconded by Council Member Reilly, and unanimously carried, to approve the existence of a local emergency in the Arden/Guthrie south neighborhood as described in the Mayor's Declaration of Emergency dated March 6, 1991, with the powers and directives of City departments as made in that declaration, to expire, unless further extended, at 6:00 a.m., Monday, March 18, 1991. DIGITAL EQUIPMENT CORPORATION PURCHASE OF A NEW COMPUTER SYSTEM - AUTHORIZATION TO NEGOTIATE (39) In a memorandum dated February 26, 1991, Fred Wilson, Assistant City Administrator, stated that the issue of upgrading the City's computer systems has been a high priority of the City Administrator since she assumed the position in July, 1990. The Data Processing Committee was charged with the responsibility of developing recommendations regarding upgrades to the City'S computer systems. The recommendation of the Committee is to initiate negotiations for the purchase of a Digital Equipment Corporation (DEC) VAX 4000 and DEC System 5500 to replace the existing Police Records Management, Computer Aided Dispatch and the City's McDonnell Douglas business computer system. Shauna Edwins, City Administrator, stated that the proposal submitted is a result of the Management Information Systems (MIS) Ad Hoc Committee, which included Janis Ingels, Fred Wilson and Phil Arvizo. Mrs. Edwins stated that after a thorough review, the Committee has recommended the purchase of a Digital Equipment Corporation (DEC) VAX 4000 and DEC System 5500. Council Member Flores made a motion, seconded by Council Member Minor, and unanimously carried, that authorization be given to negotiate for the purchase of a Digital Equipment Corporation Dual Host VAX 4000, Model: 300 computer system and a DEC system 5500 to replace the existing Police Records Management, Computer Aided Dispatch and the City's McDonnell business/financial applications computer systems. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT ADJOURNED REGULAR MEETING At 11:36 a.m., the Adjourned Regular Community Development Commission/Redevelopment to order by Chairman Holcomb in the Council Hall, 300 North "D" Street, San Bernardino. AGENCY- Meeting of the Agency was called Chambers of City 16 3/11/91 PIONEER CEMETERY ALLOCATION OF $102,177 FROM TAX ALLOCATION BOND PROCEEDS PHASE I EXPANSION- NORTHWEST CORNER OF WATERMAN AVENUE AND SEVENTH STREET - CONTINUED FROM FEBRUARY 4, 1991 (36) This is the time and place continued to for consideration of the allocation of funds in the amount of $102,177 from tax bond proceeds for Phase I of the expansion of Pioneer Cemetery located at the northwest corner of Waterman Avenue and Seventh Street. In a memorandum dated March 4, 1991, Shauna Edwins, City Administrator, explained that when the request for expenditure of Redevelopment funds came before the Council, she was asked to determine whether or not the City would be better served by selling the commercial piece at the northwest corner of Waterman and Seventh. According to comps prepared by the Real Property Division, that parcel is worth $496,296. If the cemetery is expanded, it represents the addition of 9,000 grave sites and $10,000,000 in revenue. Even at today's low interest rate on the Endowment Care Fund, the break-even point is 241 graves sold per year. Presently, with no advertising and no visibility, Pioneer sells 220 sites per year. A 20% increase in sales would put the cemetery 23 sites past breakdown with $25,875 profit per year. A 30% increase equals annual profits of $57,375. Mayor Holcomb gave the history of the establishment of the Pioneer Cemetery. City Administrator Edwins stated that the Pioneer Cemetery was founded in 1852 and in 1922 an endowment care fund was established. Mayor Holcomb stated that the expansion is being considered because the City will soon be running out of grave sites at the existing location. Even if the City sells all the grave sites, there would not be sufficient monies in the Care Fund to maintain the cemetery without supporting it with the General Fund. By expanding the cemetery, there would be enough grave sites to eventually make the cemetery self supporting. Additionally, it would be a greenbelt complimenting the Seccombe Lake Park located to the south of the cemetery, would make the cemetery more attractive, and enhance the City's ability to sell the grave sites. Shauna Edwins, Ci ty Administrator, answered questions regarding the timeframe of the anticipated $10 million dollars in revenue. She also explained why the City would be better 0 f f expanding the cemetery than to leave the 2.1 acre parcel on the market for commercial use. Mrs. Edwins answered questions regarding a comparison study of tax increment dollars if the property were sold for commercial use as opposed to expanding the cemetery. Shauna Edwins explained that one way to make the cemetery 17 3/11/91 Shauna Edwins explained that one way to make the cemetery very marketable is to give it a "front door". Expansion to Waterman Avenue would give the cemetery exposure to 47,000 vehicles per day traveling along Waterman Avenue, which is the key to providing more sales of the grave sites. A discussion ensued regarding the possibility of legally selling the cemetery. City Attorney Penman pointed out that State law (Health & Safety code Section 8127) prohibits a municipality from open1ng a cemetery of more than five acres, but does not prohibit the expansion of the cemetery. It also provides that once the land is dedicated for burial use, it cannot be used for any other purpose. Mr. Penman stated that his office is investigating the legalities involved with expanding the cemetery. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, that the item regarding allocation of $102,177 from tax allocation bond proceeds for expansion of Pioneer Cemetery be continued to March 18, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Pope-Ludlam, Miller. Council Members Maudsley, Minor. Absent: None. Council Nays: RES. 91-84 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF CERTAIN PUBLIC RIGHT-OF-WAY IMPROVEMENTS FOR THE TRI- CITY REDEVELOPMENT PROJECT AREA (NINTH STREET UNDERGROUNDING PROJECT). (R-3) Council Member Reilly made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 91-84 was adopted by the Ayes: Council Members Estrada, Reilly, Flores, pope-Ludlam, Miller. Nays: None. Absent: None. following vote: Maudsley, Minor, SUBSTITUTION OF CMO RESIDUAL FUNDS FOR CDBG FUNDS- FINANCE IMPROVEMENTS AT STURGES HALL (R-6) In a staff report dated February 28, 1991, Kenneth J. Henderson, Executive Director, Development Department, stated that the Mayor and Council approved the use of CDBG funds from the FY 1990/91 CDBG allocation for the purpose of upgrading the lighting and sound systems at the Sturges Auditorium. Development Department staff conducted a preliminary monitoring of the Sturges Auditorium to analyze user information in order to determine compliance with federal regulations requiring that if at least fifty-one percent low and moderate income persons 18 3/11/91 information was to be in place prior to any expenditure of CDBG funds to ensure compliance with program requirements. The information submitted by the Center is insufficient to determine compliance with the CDBG program. Because of the desirability of this project and the need to upgrade the lighting and public address systems, staff recommends the use of collateralized mortgage obligation residual funds. These funds are unrestricted and would allow the project to go forward as originally envisioned. Council Member Reilly made a motion, seconded by Council Member Minor, and unanimously carried, that the Mayor and Common Council approved the substitution of collateralized mortgage obligation residual funds for CDBG funds in the amount of $40,000 to upgrade the lighting and sound systems at Sturges Hall Auditorium. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NUMBER 81-594 AND DELEGATING TO THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO CERTAIN POWERS AND AUTHORITY IN CONNECTION WITH THE MANAGEMENT AND OPERATION OF THE ECONOMIC DEVELOPMENT AGENCY. (R-8) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE PROVISION OF CITY STAFF TO UNDERTAKE FUNCTIONS OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. (R-9) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING CERTAIN CITY POSITIONS TO STAFF THE ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND APPROVING CERTAIN JOB DESCRIPTIONS IN CONNECTION THEREWITH. (R-10) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING RESOLUTION NUMBER 6433 ENTITLED IN PART, "A RESOLUTION...CREATING AND ESTABLISHING POSITIONS FOR THE VARIOUS DEPARTMENTS OF THE CITY..." AND DELETING CERTAIN CITY POSITIONS. (R-11) CITY ATTORNEY PENMAN EXCUSED At 11:55 a.m., City Attorney Penman was excused and was replaced by Sr. Assistant City Attorney Barlow. Tim Steinhaus, Administrator, Economic Development Agency, answered questions regarding the job descriptions. Mayor Holcomb stated that he had requested that these job descriptions come before the Commission instead of the Redevelopment Committee because they should be reviewed by the 19 3/11/91 whole Council, not just the council members who serve on the Committee. A discussion ensued regarding scheduling a luncheon workshop to review the job descriptions in greater detail. After a lengthy discussion, Council Member Estrada made a motion, seconded by Council Miller, that all the resolutions concerning the organization and job descriptions of the Economic Development Agency be referred to the Redevelopment Committee. The motion carried by the following vote: Ayes: Member Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Nays: Council Member Minor. Absent: None. Council Miller. CITY CLERK KRASNEY RETURNED City Clerk Krasney returned to the Council Meeting and replaced Deputy City Clerk Reese. RECESS MEETING - CLOSED SESSION - FIREFIGHTERS NEGOTIATIONS At 12:12 p.m., Mayor Holcomb recessed the Adjourned Regular Meeting of the Mayor and Common Council to a closed session luncheon workshop to discuss the firefighters negotiations. CLOSED SESSION At 12:41 p.m., Mayor Holcomb called the closed session to order in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, pope-Ludlam; Sr. Assistant City Attorney Barlow, City Clerk Krasney, City Administrator Edwins. Absent: Council Member Miller. Also present: Deputy City Attorney Roth; Finance Director Green; Fire Chief Wright; Fred Wilson, Assistant to the City Administrator; Phil Arvizo, Executive Assistant to the Council; Lorraine Velarde, Executive Assistant to the Mayor. COUNCIL MEMBER At 1:21 p.m., session. POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the closed ADJOURN CLOSED SESSION At 1:30 p.m., the closed session was adjourned to 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 20 3/11/91 RECONVENE MEETING At 2:05 p.m., Mayor Holcomb reconvened the Adjourned 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; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Members Estrada, Miller. CERTIFICATION OF CITY OF SAN BERNARDINO PRIMARY MUNICIPAL ELECTION HELD ON MARCH 5, 1991 (37) In a memorandum dated March 7, 1991, Rachel Krasney, City Clerk, presented the results of the City of San Bernardino Primary Municipal Election held on March 5, 1991, pursuant to the official canvass taken on March 7, 1991. Council Member Minor made a motion, seconded by Council Member Maudsley, that the results of the Municipal Primary Election held on March 5, 1991, as set forth in the Statement of Votes Cast, and certified, be declared official as set forth in the document prepared by the City Clerk's Office. The motion carried by the following vote: Ayes: Members Reilly, Flores, Maudsley, Minor. Nays: Council Pope-Ludlam. Absent: Council Member Estrada, Miller. Council Member ESTABLISHMENT OF SALARIES FOR POLICE DEPARTMENT RANGES P-4, P-5, P-6 AND P-7 - EFFECTIVE AUGUST 1, 1990 (41) In a memorandum dated March 4, 1991, Barbara Dillon, Personnel Director, stated that Section 186 of the City Charter establishes a formula for setting salaries for local safety members to become effective each August 1. City staff has reached an agreement with police management on the ten cities whose salaries will be averaged to determine this year's P-4, P- 5, P-6 and P-7 salaries for the Police Department. The cities selected are: Chu1a Vista, Ontario, Concord, Orange, Huntington Beach, Oxnard, Modesto, Riverside, Oceanside and Torrance. Council Member Minor made a motion, seconded by Council Member Maudsley, and unanimously carried, that the salaries for Police Department Ranges P-4, P-5, P-6 and P-7 be established as outlined in the staff report, effective August 1, 1990; and that the Personnel Department prepare an amendment to Resolution No. 6429. COUNCIL MEMBER ESTRADA RETURNED At 2:10 p.m., Council Member Estrada meeting and took her place at the council returned to the Council table. 21 3/11/91 RES. 91-85 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ALLOCATING 125 UNDESIGNATED PARKING SPACES IN THE FIVE-LEVEL PARKING STRUCTURE FOR PACIFIC FIRST BANK BUILDING AND REPEALING RESOLUTION NO. 84-366. (S-2) Council Member Reilly made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 91-85 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Minor, Pope-Ludlam. Nays: None. Abstain: Council Member Estrada, Maudsley. Absent: Council Member Miller. PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 90-07- CHANGE LAND USE DESIGNATION FROM CG-1 TO RS AND RU-1, AND FROM RH TO RS AND RU-1 ON VARIOUS PARCELS ON THE WEST SIDE OF "E" STREET, SOUTH OF 28TH STREET GENERALLY IN THE AREA OF THE OLD LAUREL HOSPITAL (42) This is the time and place set for a public hearing to consider General Plan Amendment No. 90-07, to change the land use designation from CG-1 (Commercial General) to RS (Residential Suburban) and RU-1 (Residential Urban), and from RH (Residential High) to RS (Residential Suburban) on various parcels on the west side of "E" Street, south of 28th Street, generally in the area of the old Laurel Hospital. In a memorandum dated February 11, 1991, Larry Reed, Director of Planning/Building Services, stated that this is a City-initiated General Plan amendment to evaluate the land use designation on and around the location of the former Laurel Hospital. Staff evaluated four alternatives for the Planning Commission's consideration and three additional alternatives at the Commission's request. The seven alternatives were considered by the Planning Commission at noticed public hearings of November 7, 1990 and January 8, 1991. The Commission recommended adoption of General Plan Amendment No. 90-7, Alternative 2. This alternative designates the medical building and its associated properties as RU-1, Residential Urban. RU-1 permits single- family detached units and multi-family units to a density of 9 dwelling units per acre. The RU-1 designation would permit reuse of the medical building as a senior project. Mayor Holcomb opened the hearing. RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 90-07 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (42) Deborah Brody, Vice President for Property Development and Management, on behalf of Parks ide Medical Services, 1775 Dempster Street, Park Ridge, Illinois, owners of the old Laurel Hospital, 22 3/11/91 ~- stated that the property has been on the market for well over one year, but has not been sold. Because of this, Parks ide has reduced the price to one-half million dollars. The new asking price is based on a commercial zoning designation which would allow Parks ide to obtain reasonable offers. If the zoning is changed to residential, Parks ide would take a tremendous loss. Therefore, Ms. Brody requested that the commercial zoning remain and that Parks ide be given 60 days to market the property. A discussion ensued regarding the stability of the old Laurel Hospital structure. Ernest Riffenburgh, attorney representing Parkside, spoke regarding his interpretation of the City's ordinance on demolition. He stated that the ordinance indicated that there has to be a problem of abandonment of the building, as well as with the structural integrity. He stated that the building has not been abandoned. Al though it has been unused, it has been maintained and it is patrolled by security. Larry Reed, Director of Planning and Building Services, commented on the condition of the structure and stated that absentee landlords are a current problem encountered in the City. It was pointed out that the fence surrounding the building is in poor condition and that the building is surrounded by weeds. Staff has visited the site and there was no indication of any security patrolling the site. City Attorney Penman pointed out that the proposed land use designation would not only permit single family dwellings, but would also permit apartment buildings. James Wirth, 1980 Sierra Way, San Bernardino, spokesperson for the neighborhood, briefed the Council on the number of events and correspondence submitted to the City regarding the use of the building and the possibility of changing the land use designation. He stated that the neighborhood would like to see this area designated as single family dwellings. City Attorney Penman stated that the land use designation should only be changed to RS, otherwise, an apartment complex could be built, because that would be more feasible with the size of the parcel. Mr. Penman indicated that the City does not need apartments in this area. Madeline Carducci, 2717 North "F" Street, San Bernardino, spoke in support of the residential zoning strictly for single family housing. Ms. Carducci does not want apartments allowed in this residential area. 23 3/11/91 -.----------r-- Mary Jane Wilson, resident of the area, spoke in support of the residential zoning and stated that she does not like to see the building left vacant and boarded up. Randy Swing, resident of the area, stated that she is in favor of the residential zoning and would prefer to have single family housing dwellings built. Ernest Riffenburgh, attorney for Parkside, stated that the inside of the old Laurel Hospital is structurally sound and has been in a residential area for 40 years. He further stated that Parks ide is taking a constructive approach in removing the eye sore, but with the current market situation, the quickest way to sell the building is to have a commercial zoning designation. Council Member Member Pope-Ludlam, hearing. Minor and made a motion, seconded unanimously carried, to by Council close the COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. The Council discussed changing the land designation to RS and the effect it would have on the number of duplexes already existing in the area. It was pointed out that these duplexes would be legal non-conforming with the new proposed land designation of RS. Council Member Minor made a motion, seconded by Council Member Maudsley, and unanimously carried, that Alternative 1, of the staff report be accepted - changing the land use designation from CG-1 to RS and that RS be designated on various parcels on the west side of "E" Street, south of 28th Street, generally in the area of the old Laurel Hospital to include the Courtland Drive area. City Attorney Penman stated that the Attorney's Office will come back with an amended resolution to reflect the new land use designation. CITY ATTORNEY At 3:00 p.m., and was replaced Attorney. PENMAN EXCUSED City Attorney Penman by Dennis Barlow, left the Council meeting Senior Assistant City PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 90-11- CHANGE LAND USE DESIGNATION FROM RM TO RMH/18 ON THE EAST SIDE OF RICHARDSON STREET BETWEEN COULSTON STREET AND 1-10 FREEWAY (43) This is the time and place set for a public hearing to consider General Plan Amendment No. 90-11, to change the land use designation from RM (Residential Medium) to RMH-18 (Residential Medium High with a density limit of 18 dwelling units per acre) 24 3/11/91 on the east side of Richardson Street between Coulston Street and the 1-10 Freeway. In a memorandum dated February 20, 1991, Larry Reed, Director of Planning and Building Services, stated that this is a City-initiated General Plan Amendment to evaluate a change in the land use designation from RM, Residential Medium (14 dwelling units per acre) to RMH/18, Residential Medium High with a density limit of 18 dwelling units per acre on approximately 22.41 acres. It also evaluated redesignating 10.36 acres on the west side of Richardson Street, north of the 1-10 Freeway, from RM to a commercial designation (Site B). Site C is comprised of approximately 3.22 acres on the north side of Laurelwood Drive which is proposed to be designated CG-1 along with Site B so as to provide the commercial designation along both sides of Laurelwood Drive. RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 90-11 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (43) Mayor Holcomb opened the hearing. Larry Reed, Director of Planning and Building Services, gave the background of the staff report relating to the General Plan Amendment. He stated that the property located on the east side of Richardson Street, between Coulston and the 1-10 Freeway, was recently annexed into the City, and the property owner has asked to change the land use designation to accommodate the land use he had when it was part of the County. Mr. Reed stated that staff recommends the following: Site A to have a land use designation of RMH, Residential Medium High with a density limit of 18 dwellings units per acre; and that the zoning designations on Sites Band C not be done until a traffic study is completed to determine if the commercial designation is adequate. Bill Heers, 1450 E. Cooley Drive, Colton, 92324, stated that he is in agreement with the proposed zoning designation for Site A, but that he does not agree with the recommended zoning designation for Sites Band C. He requested that the zoning be designated Commercial General, as it was in the County's zoning ordinance. Larry Reed, Director of Planning and Building Services, stated that the previous zoning, Commercial General, was under the County's zoning ordinance. When the City pre-zoned it under its sphere of influence, as part of the General Plan, the City zoned Site B as residential medium density and Site C as residential medium to high density. He stated that when the County was adopting its ordinance, the City notified the County of the City's zoning designation, but the County did not respond. Mr. Reed recommended that the City use the General Plan zoning 25 3/11/91 designation until a traffic study is conducted. He explained that the Planning and Building Services Department does not have funds to conduct the traffic study and recommended that the applicant should pay for the study. The Council discussed the traffic study, and determined that it could not be completed until the type of commercial business is established. Larry Reed, Director of Planning/Building Services, explained the various zoning designations that were established under the County ordinance, and those the City is recommending for Sites A, Band C. Bill Heers, 1450 Cooley Drive, Colton, 92324, stated that if the designation is left as Multi-Family, he would still be required to do a traffic study when he develops the site. If designated Commercial General, the City could eliminate one step for the applicant and the City, that of another General Plan amendment. Mayor Holcomb agreed with Mr. Heers, in that if applicant later requests a Commercial General designation, City would have to initiate another General Plan amendment. process is time consuming and costly to the City. the the This A discussion ensued regarding the zoning designations adjacent to the west and south of Site C. Larry Reed, Director of Planning/Building Services, answered questions regarding the legal downside of not changing the zoning designations a}l at one time. Council Member Estrada made a motion, seconded by Council Member Maudsley, that the hearing be closed; that Alternate 1, Site A, be changed from RM to changed to RMH/18; Site B, be changed from RM to CG-1; and Site C, to RMH to CG-1; and that staff come back with a revised resolution supporting Alternate 1. The motion failed by the following vote: Ayes: Member Estrada, Reilly, Mauds1ey. Nays: Council Members Minor. Absent: Council Members Pope-Ludlam, Miller. Council Flores, The Council discussed the proposed zone change of Commercial General. Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, to reconsider General Plan Amendment No. 90-11 to change the land use designation from RM to RMH/18 on the east side of Richardson Street between Coulston Street and the 1-10 Freeway. 26 3/11/91 Council Member Estrada made a motion, seconded by Council Member Maudsley, that the hearing be closed; and that staff come back with a revised resolution changing the land use designation to CG-1. The motion Members Estrada, Flores. Absent: carried by the following vote: Ayes: Reilly, Maudsley, Minor. Nays: Council Council Member Pope-Ludlam Miller. Council Member PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 90-16- CHANGE LAND USE DESIGNATIONS FROM RMH AND RM TO CO-ION THE SOUTHWEST AND NORTHWEST CORNERS OF 8TH STREET AND ARROWHEAD AVENUE (44) This is the time and place set for a public hearing to consider a change of land use designations from RMH and RM to CO- 1 on the southwest and northwest corners of 8th Street and Arrowhead Avenue. In a memorandum dated February 13, 1991, Larry Reed, Director of Planning and Building Services, stated that this is a City-initiated General Plan Amendment to change the land use designation from RMH (Residential Medium High) to CO-1 (Commercial Office) at the southwest corner of 8th Street and Arrowhead Avenue and from RM (Residential Medium) to CO-1 (Commercial Office) at the northwest corner of 8th Street and Arrowhead Avenue. Both sites are developed for administrative and professional office uses. During the land use hearings for the General Plan, the two sites were inadvertently designated for multi-family uses. Under Title 19, Chapter 19.66 of the San Bernardino Municipal Code, the existing office buildings and uses are legal nonconforming. Mayor Holcomb opened the hearing. RES. 91-86 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 90-16 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (44) Council Member Minor made a motion, Member Maudsley, and unanimously carried, closed; and that said resolution be adopted. seconded by Council that the hearing be Resolution No. 91-86 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor. Nays: None. Absent: Council Members Pope-Ludlam, Miller. PUBLIC HEARING - ORDINANCE AMENDING URGENCY ORDINANCE- SAN BERNARDINO MUNICIPAL CODE SECTION 19.83.300 - TO ALLOW HELIPADS IN THE IH - INDUSTRIAL HEAVY AND IE- INDUSTRIAL EXTRACTIVE LAND USE DESIGNATIONS (45) This is the time and place set for a public hearing to consider the urgency ordinance amending San Bernardino Municipal 27 3/11/91 .._----_.__._---_._~. -- Code Section 19.83.300 to allow helipads in the Industrial Heavy and in the Industrial Extractive land use designations. Mayor Holcomb opened the hearing. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE TABLE OF PERMISSIBLE USES, AS ADOPTED BY SECTION 19.83.300 OF THE SAN BERNARDINO MUNICIPAL CODE, TO READ AS ATTACHMENT A. (First) (45) Council Member Estrada made a motion, seconded by Council Member Minor, and unanimously carried, that the hearing be closed; and that said ordinance be laid for final adoption. 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 (Continued from February 18, 1991) (46) This is the time and place continued to for an appeal regarding a landscaping requirement for Conditional Use Permit No. 90-51, Municipal Code Section 19.56.120 (a) (5) which requires five percent interior landscaping of the paved parking area. In a memorandum dated January 24, 1991, Larry Reed, Director of Planning and Building Services, stated that the applicant, Joanne Simmonds, is making an appeal to the Council under the provisions of Chapter 2.64. The appeal concerns Municipal Code Section 19.56.120 (A) (5), which requires five percent interior landscaping of paved parking area. The applicant requested that the Mayor and Council repeal this regulation and/or exempt Conditional Use Permit No. 90-51 from the five percent lot landscape requirement. In a letter dated March 8, 1991, the applicant, Joanne Simmonds, withdrew her appeal, stating that she and the City had reached an agreement that would be satisfactory for both parties. The agreement provides that the landscaping would be expanded in the front of the building for a ten feet wide strip as per the proposed site plan. The front northeast corner will be planted in climate tolerant plants or landscape zero. The back parking lot shall be landscaped as follows: the northeast corner of the back lot shall be landscaped zero or climate tolerant low maintenance plants. The south side shall be in honey-suckle vine or an equivalent vining type plant. Council Member Reilly made a motion, seconded by Council Member Flores, and unanimously carried, that the hearing be closed, that the appeal be denied; and that Conditional Use Permit No. 90-51 be approved based upon the findings of fact and subject to the conditions of approval and standard requirements contained in the January 8, 1991 Planning Commission staff report (Exhibit "D"). 28 3/11/91 ~------.- ADJOURNMENT (47) At 3:29 p.m., Mayor Holcomb adjourned the Adjourned Regular Meeting of the Mayor and Common Council to 8:30 a.m., Monday, March 18, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL KRASNEY City Clerk By: vlanii1. (L/ llud~ltu Sandra Medina, Deputy City Clerk No. of Items: 69 No of Hours: 7 hrs. 29 3/11/91