Loading...
HomeMy WebLinkAbout04-01-1991 Minutes City of San Bernardino, California April 1, 1991 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 8:33 a.m., Monday, April 1, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller: City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: None. ANNOUNCEMENT BY CITY ATTORNEY PENMAN CASES TO BE DISCUSSED IN CLOSED SESSION City Attorney Penman announced that the following two cases would be discussed in closed session: Frank Vasquez vs. Martin Levan/City Superior Court Case No. 252411. William Bleckert vs. Darnell Roberts/City - San Bernardino Superior Court Case No. 241801. San Bernardino RECESS MEETING - CLOSED SESSION (1) At 8:33 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: a. to give instruction to the CitY's/Commission's negotiator on the purchase of property pursuant to Government Code Section 54956.8. The real property which the negotiations concern is generally located at: . , b. to consider personnel matters pursuant to Government Code Section 54957: c. to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6: d. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities pursuant to Government Code Section 54957: 1 4/1/91 e. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9(b)(1), as there is significant exposure to litigation: f. to confer with the attorney regarding Ii tigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending Section decide g. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section 54956.9(a) as follows: City of San Bernardino vs. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239193: Stubblefield Construction Company. et al vs. City of San Bernardino. et al - San Bernardino Superior Court Case No. 242998: San Bernardino Superior Court Case No. 252058: Sock Dawson. et al vs. City of San Bernardino. et al United States District Court Case No. SA 88-461 AHS (RWRx): City of Redlands vs. Inland Valley Development Aoency. et al - San Bernardino Superior Court Case No. 255222: City of San Bernardino vs. Deukmeiian. et al San Bernardino Superior Court Case No. 256623: County vs. City of San Bernardino IRDAI - San Bernardino Superior Court Case No. 258241: City of Indians. 6899 WJR San Bernardino vs. San Manuel Band of et al - United States District Court - Case (Bx) : Mission No. 85- Citv of San Bernardino vs. Dykes - San Bernardino Superior Court Case No. 254883. CLOSED SESSION At 8:33 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 Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: None. 2 4/1/91 READING OF RESOLUTIONS AND ORDINANCES Deputy City Clerk Jones read the titles of all the resolutions and ordinances on the regular, supplemental and Community Development agendas while the Council was in closed session. ADJOURN CLOSED SESSION At 9: 18 a.m., the closed session adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 9:30 a.m., Mayor Holcomb called the Regular Meeting to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller: Senior Assistant City Attorney Barlow, City Clerk Krasney, City Administrator Edwins. Absent: None. INVOCATION The invocation was given by Captain Tom Petersen of the Salvation Army. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Miller. ANNOUNCEMENT BY COUNCIL MEMBER MILLER - TIPPING FEE INCREASE (2) Council Member Miller, a member of the Solid Waste Task Force, announced that the County of San Bernardino has increased its tipping fees by $26.56 per ton for a total cost of $50.06. She strongly urged the Mayor and Council to go on record as opposing the County's proposal to increase tipping fees. ANNOUNCEMENT BY MAYOR HOLCOMB - POSTPONEMENT OF COUNCIL MEETING - OBSCENITY FREE, GANG FREE AND GRAFFITI FREE COMMUNITY - STURGES AUDITORIUM - APRIL 2, 1991 (2) Mayor Holcomb announced that the Adjourned Regular Meeting of the Mayor and Common Council scheduled for 7:00 p.m., April 2, 1991, at the Sturges Auditorium, 798 North "E" Street, San Bernardino, has been postponed until April 18, 1991. The purpose of the meeting is to discuss methods of providing a drug free, obscenity free, gang free, and graffiti free community in the City of San Bernardino. 3 4/1/91 PUBLIC COMMENTS HOANNE FREADEAN COMPLAINT OF UNUSUAL NOISES (3) Hoanne R. Freadean, 1582 W. Concord Street, San Bernardino, stated that unusual noises have been heard coming from under her home and requested that the City send a team of experts to investigate these noises. APPOINTMENTS - MICHAEL PONCE - TRAFFIC SAFETY ADVISORY COMMITTEE (4) In a memorandum dated March 21, 1991, Mayor W. R. "Bob" Holcomb requested the appointment of Michael Ponce to the Traffic Safety Advisory Committee. Council Member Minor made a motion, seconded by Council Member Flores, and unanimously carried, that the appointment of Michael Ponce to the Traffic Safety Advisory Committee, as requested by Mayor Holcomb, be approved. APPOINTMENTS - INLAND VALLEY DEVELOPMENT AGENCY (NORTON REUSE): REDEVELOPMENT AGENCY COMMITTEE AND WAYS AND MEANS COMMITTEE (4) Council Member Flores recommended that Council Member Jack Reilly be appointed to the Redevelopment Agency Committee: Council Member Tom Minor be appointed to the Ways and Means Committee: and Council Member Norine Miller be appointed to the Inland Valley Development Agency (Norton Reuse) until the new City Council Member takes office on June 3, 1991. Council Member Flores made a motion, seconded by Council Member Minor, to approve the appointments of Council Member Jack Reilly to the Redevelopment Agency Committee: Council Member Tom Minor to the Ways and Means Committee, and Council Member Norine Miller to the Inland Valley Development Agency. The motion carried by the following vote: Members Estrada, Reilly, Flores, Maudsley, Minor, Council Member Pope-Ludlam. Absent: None. Ayes: Council Miller. Nays: PROCLAMATION - "CITY OF SAN BERNARDINO WEEK" - APRIL 6 THROUGH 12, 1991 J. Lorraine Velarde, Executive Assistant to a proclamation of the Mayor of the City of proclaiming the week of April 6 through 12, 1991, Bernardino Building Safety Week". BUILDING SAFETY (4) the Mayor, read San Bernardino as "City of San Larry Reed, Director of Planning and Building Services, accepted the proclamation and introduced staff responsible for providing plan checking services, field inspection services and code enforcement services. He extended an invitation to the Mayor and Council and the public to attend an open house scheduled for April 10, 1991 from 4:30 p.m. to 6:30 p.m., on the Third Floor, City Hall, 300 North "D" Street, San Bernardino, 4 4/1/91 California, so that the public can learn more about Planning and Building Services. PROCLAMATION - HEALTH FAIR EXPO DAY - APRIL 18, 1991- JOHN LONGO (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino, proclaiming April 18, 1991, as "Health Fair Expo Day". Jack Longo, Health Fair Expo Site Coordinator, was present to accept the proclamation. Mr. Longo introduced associates Caroline Walton and Chris Elder. He invited the Mayor and Council and general community to attend the Health Expo to be held on April 18, 1991 at Patton State Hospital. PROCLAMATION - PUBLIC SCHOOLS WEEK - APRIL 20, 1991 - DR. E. NEAL ROBERTS J. Lorraine Velarde, Executive Assistant to a proclamation of the Mayor of the City of declaring the week of April 14 through 20, Schools Week. 14 THROUGH (4 ) the Mayor, read San Bernardino, 1991, as Public Dr. E. Neal Roberts, Superintendent, San Bernardino Unified School District, and Marlin Brown, President of the San Bernardino Unified School Board were present to accept the proclamation. Dr. Roberts also introduced School Board Members Lou Yeager and Lynda Savage. PRESENTATION - SMALL BUSINESS ASSOCIATION - SANTA ANA DISTRICT - STEVE WADDELL (4) J. Lorraine Velarde, Executive Assistant to the Mayor, introduced Steve Waddell, Director, Small Business Association, Santa Ana District. Mr. Waddell presented the 1991 Veterans Small Business Advocacy Award for the Orange, Riverside and San Bernardino Counties to Ernest Dowdy, Chairman of the Veterans Advocacy Committee, in recognition of his outstanding contributions to the community. Mr. Dowdy accepted the award and acknowledged Mr. George Fujiwara, Executive Director of SBETA, for his support. APPOINTMENT - COUNCIL COMMITTEE ASSIGNMENTS (4) Council Member Miller made a motion, seconded by Council Member Flores, to approve the appointment of Senior Council Members Esther Estrada and Jack Reilly to study Council Committee assignments and come back with their recommendations at a later time: and further, that the Mayor be included as a member of this subcommittee, subject to the ruling of the City Attorney. 5 4/1/91 The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Minor, Pope-Ludlam, Nays: Council Member Maudsley. Absent: None. Council Miller. PROCLAMATION MECHA FUNDRAISING APRIL 13 , 1991 - SAN GORGONIO HIGH LOPEZ J. Lorraine Velarde, Executive Assistant to the a proclamation of the Mayor of the City of San declaring April 13, 1991 as "1991 MECHA Fundraising Day". WALK-A-THON DAY- SCHOOL - MARCELA (4) Mayor, read Bernardino, Walk-a-thon Marcela Lopez, representing San Gorgonio High School MECHA, accepted the proclamation. PROCLAMATION - NATIONAL LIBRARY WEEK - APRIL 14 THROUGH 20, 1991 - ROBERT EWING (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino, declaring April 14 through 20, 1991, as National Library Week. Robert Ewing, City Librarian, accepted the proclamation. PROCLAMATION - APRIL 1991 EARTHQUAKE PREPAREDNESS MONTH - FIRE CHIEF WRIGHT (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino, declaring the month of April 1991 as Earthquake Preparedness Month. Fire Chief Will Wright and Joyce Marion, Emergency Services Representative, accepted the proclamation. Fire Chief Wright announced that on April 2, 1991, at 10:10 a.m., a Duck, Cover and Hold Drill will be held statewide and encouraged all employees and citizens of the City to participate in this drill. He further stated that the City, the County of San Bernardino and the Spirit Baseball Club will be sponsoring a public safety fair on disaster preparedness April 13, 1991 from 10:00 a.m., to 3:00 p.m., at Fiscalini Field. PROCLAMATION - APRIL 1991 BARBERSHOP HARMONY MONTH- JERRY WEITZMAN (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino, declaring the month of April 1991 as Barbershop Harmony Month. Jerry Weitzman accepted the proclamation and introduced quartet members Geoff Mordue, Lloyd North, Ernie Krausman and Bob Neves. The barbershop quartet entertained the Council with a song. 6 4/1/91 WAIVE READING OF RESOLUTIONS AND ORDINANCES (5) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas be waived. COUNCIL MINUTES - FEBRUARY 21, 1991 (6) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that the minutes of the following meeting of the Mayor and Common Council of the City of San Bernardino, be approved as submitted in typewritten form: February 1, 1991. INSTALLATION OF PERIMETER FENCING DELMANN HEIGHTS COMMUNITY CENTER - APPROVAL OF PLANS AND ADVERTISE FOR BIDS - PLAN NO. 8291 (7) In a memorandum dated March 20, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that plans for construction of a six-foot chain link fence around the perimeter of the Delmann Heights Community Center have been completed, and the project is ready to be advertised for bids. The total estimated project cost is $69,000.00. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that the plans for installation of a six-foot chain link fence around the perimeter of Delmann Heights Community Center, in accordance with Plan No. 8291, be approved, and the Director of Public Works/City Engineer be authorized to advertise for bids. INSTALLATION OF SEWER MAIN IN PICO STREET AND ALLEY- APPROVAL OF PLANS AND ADVERTISE FOR BIDS- PLAN NO. 8431 (8 ) In a memorandum dated March 21, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that plans for the installation of a sewer main in Pico Street, from King Street to the alley south of Second Street, and in alley, from Pico Street to the westerly terminus, have been prepared and the project is ready to be advertised for bids. The total estimated project cost is $33,500.00. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that the plans for installation of a sewer in Pico Street, from King Street to alley south of Second Street, and in alley from Pico Street to westerly terminus, in accordance with Plan No. 8431, be approved: and the Director of Public Works/City Engineer be authorized to advertise for bids. 7 4/1/91 INSTALLATION OF STORM DRAIN - WATERMAN AVENUE FROM WEIR ROAD TO COMMERCIAL ROAD ALLOCATION OF FUNDS ENGINEERING AND INSPECTION COSTS (9) In a memorandum dated March 4, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, requested authorization to allocate funds in the amount of $12,000.00 from the Morgan Road Storm Drain Account for engineering and inspection costs for the installation of a storm drain in Waterman Avenue, from Weir Road to Commercial Road in order to commence and complete the work prior to the next rainy season. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that the trans~er of $12,000.00 from Account No. 248-368-57833, "Morgan/Hill to Devil's Canyon", to Account No. 248-368-57875, "Waterman Avenue", for the installation of a storm drain in Waterman Avenue, from Weir Road to Commercial Road, be approved. CLAIMS AND PAYROLLS (10) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that the claims and payrolls, and the authorization to issue warrants as"listed on the memorandum dated March 26, 1991, from the Director of Finance, be approved. PERSONNEL ACTIONS (11) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated March 21, 1991, in accordance with all administrative regulations of the City of San Bernardino, be approved. ORDERS OF THE BOARD OF BUILDING COMMISSION Orders of the Board of Building Commissioners' November 2, 1990 , November 12 , 1990 , and February listed as follows: BBC BBC BBC BBC BBC BBC BBC BBC BBC BBC BBC BBC BBC BBC 1463 1464 1468 1469 1472 1473 1474 1476 1478 1479 1480 1481 1482 1483 Jesse & Sandra Mason J. C. Binney Chin T. Kim Norman Ackerman Carlos & Luz Rubio Lawrence G. Webster Edward F. Beard George Iborogu Seman Nimeh Edward & Guadelia Marrujo Arthur & Ola Earley Gary Lai David Estribi Mr. & Mrs. F. Foster 8 (12) meetings of 1, 1991 are 2025 N. "F" Street 817 N. "H" Street 1161-1163 N. Arrowhead 930 W. 6th Street 622-624 N. Mt. Vernon 1710 Fairfax Avenue 1810 Daley Canyon Rd. 532 W. Magnolia 3613 E. Piedmont 980 & 1010 W. Baseline 3011 Glenview Avenue 537 W. Victoria 2005 Dumbarton 1432-1446 N. "G" Street 4/1/91 BBC 1484 James & Alexandra 540 N. Sierra Way Hibbard BBC 1485 Bowest Corporation 1222 W. Walnut Street BBC 1486 Manuel & Yolanda Mendez 1272-74 N. Sierra Way BBC 1487 S. C. Trossarello 1372 Oakhurst Drive BBC 1488 James Roe 576 W. 9th Street BBC 1489 Ken Hobart 1424 W. Walnut Street BBC 1490 Sink Family Trust 677-683 W. 9th Street BBC 1492 Beverly J. Thulin 245 S. Prospect Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and unanimously carried, that said orders be filed. RES. 91-104 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING ASSESSMENT ROLL NO. 1001 FOR THE MAINTENANCE OF LANDSCAPING IN PORTIONS OF PENNSYLVANIA AVENUE AND IN THE EDISON COMPANY RIGHT-OF-WAY LYING WITHIN TRACT NO. 14118, IN THE CITY OF SAN BERNARDINO, AND APPROVING ASSESSMENT DIAGRAM MAP NO. 1001. (16) RES. 91-105 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE IMPROVEMENT OF WATERMAN AVENUE, FROM REDLANDS BOULEVARD TO MILL STREET. (17) RES. 91-106 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 64 OF LOCAL AGENCY FEDERAL-AID SAFETY IMPROVEMENT PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO THE REHABILITATION OF PAVEMENT ON WATERMAN AVENUE. (18) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that said resolutions be adopted. Resolution Nos. 91-104, 91-105, and 91-106 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. ORD. MC-777 BERNARDINO BERNARDINO ABATEMENT. AN ORDINANCE ADDING SECTION MUNICIPAL CODE OF THE 3.68.015 RELATING CITY OF SAN TO THE SAN TO COSTS OF FINAL (20) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that said ordinance be adopted. 9 4/1/91 Ordinance MC-777 was adopted by the following vote: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Ludlam, Miller. Nays: None. Absent: None. Ayes: Pope- RES. 91-107 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND COURTESY SERVICES OF SAN BERNARDINO, INC. TO PROVIDE BILLING SERVICES FOR THE EMERGENCY MEDICAL SERVICE FEE PROGRAM. (13) City Administrator Edwins explained how the Emergency Medical Service Fee billing program will be implemented. She stated that the actual billing of residents will not take place until after the subscription service program has begun. Council Member Flores made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 91-107 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RESOLUTION MEMORANDUM BERNARDINO BARGAINING REPRESENTED OF THE CITY OF SAN BERNARDINO IMPLEMENTING A OF UNDERSTANDING BETWEEN THE CITY OF SAN AND EMPLOYEES IN THE MIDDLE MANAGEMENT UNIT OF THE CITY OF SAN BERNARDINO BY SBPEA. (14) Council Member Minor made a motion, seconded by Council Member Reilly, that said resolution be continued to April 15, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Minor, Pope-Ludlam, Miller. Nays: Council Member Maudsley. Absent: None. RES. 91-108 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO BONADlMAN-McCAIN, INC. FOR CONSTRUCTION OF A STORM DRAIN IN MEYER'S ROAD, FROM LITTLE LEAGUE DRIVE TO MEYER'S CANYON CREEK. (15) Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding the terms of the agreement with the San Bernardino City Unified School District. He pointed out that the School District will pay for certain phases of the construction and that the City is to reimburse the District in five equal annual payments of approximately $48,000.00. A discussion ensued regarding use of General Fund monies to pay for the construction of the storm drain. 10 4/1/91 Council Member Pope-Ludlam made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 91-108 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO RAYVERN LIGHTING COMPANY FOR THE FURNISHING AND DELIVERY OF METALUX LIGHT FIXTURES, TO BE UTILIZED BY THE FACILITIES MANAGEMENT DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-91-10. (19) Council Member Reilly made a motion, seconded by Council Member Estrada, that said resolution be continued and discussed during the Community Development Commission portion of the agenda. (See page 19 for action taken) The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Minor, Miller. Nays: None. Abstain: Council Member Maudsley. Absent: Council Member Pope- Ludlam. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council meeting. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SUBSECTION A OF SECTION 12.93.010 OF THE SAN BERNARDINO MUNICIPAL CODE PROVIDING FOR CITY PARTICIPATION IN SIDEWALK/CURB REPAIR AND CERTAIN SEWER CONNECTION COSTS. FIRST (21) COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council meeting and took her place at the council table. Fred Wilson, Assistant City Administrator, explained the City'S participation in the sidewalk/curb repair program. Council Member Miller made a motion, seconded by Council Member Minor, and unanimously carried, that said ordinance be laid over for final adoption. 11 4/1/91 COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council meeting. RES. 91-109 COUNCIL OF EXPANSION OF RESOLUTION OF THE MAYOR AND COMMON THE CITY OF SAN BERNARDINO SUPPORTING THE WESTSIDE FAMILY HEALTH CENTER. (22) A sources Center. discussion ensued regarding identifying alternative to fund the expansion of the Wests ide Family Health CITY ATTORNEY PENMAN RETURNED City Attorney Penman returned to the Council meeting and replaced Senior Assistant City Attorney Barlow. J. Lorraine Velarde, Executive Assistant to the Mayor, answered questions, stating that once the funds have been identified, a request for allocation of these funds will be brought back to the Council for approval. COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council meeting and took her place at the council table. It was pointed out that due to the closure of the Whitney Young Clinic, the reduction in ambulatory care services at San Bernardino Community Hospital and the increasing population, additional physicians have been placed at the Center. Due to the increase in staff, the Center needs additional space and remodeling to accommodate the increase in patient services. Ken Henderson, Executive Director, Community Development Department, answered questions regarding the City's participation in providing financial. assistance through CDBG funding to the Wests ide Family Health Center and the Whitney Young Clinic in previous years. The Council discussed requesting the cities of Rialto and Colton to share more equally in the costs to operate the Wests ide Family Health Center, as many patients receiving medical services from the Center reside outside the City limits of San Bernardino. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution Ayes: Council Ludlam, Miller. Absent: None. No. 91-109 was adopted Members Reilly, Flores, Nays: None. Abstain: by the following vote: Maudsley, Minor, Pope- Council Member Estrada. 12 4/1/91 . COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council meeting. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 15.73 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO CERTIFICATION OF JOURNEYLEVEL PLUMBERS. (23) Don Magness, President, Pipefitters Plumbers Local 364, stated that it was his understanding that at the Legislative Review Committee meeting held on February 21, 1991, the proposed ordinance relating to certification of journeylevel plumbers would be heard on April 15, 1991. He requested that the proposed ordinance be deferred to the April 15, 1991 Council meeting. Council Member Minor made a motion, seconded by Council Member Maudsley, and unanimously carried, that said ordinance. be continued to April 15, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. WAIVER OF CITY FEES - GRAN FIESTA CELEBRATION - MAY 2, 1991 - EL CAMINO REAL CULTURAL AND ECONOMIC FOUNDATION - CONTINUED FROM MARCH 18, 1991 (24) This is the time and place continued to for a request of waiver of City fees relative to the Gran Fiesta Celebration to be held May 2, 1991, as requested by the El Camino Real Cultural and Economic Foundation. In a letter dated March 4, 1991, George Martinez, President, El Camino Real Cultural and Economic Foundation, requested a waiver of City fees and use of City labor and materials in connection with Gran Fiesta to be held May 2, 1991. It was the consensus of the Council that the request for waiver of City fees for the Gran Fiesta to be held May 2, 1991, be continued until 11:00 a.m. (See page 20) COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council meeting and took her place at the council table. REQUEST FOR STOP SIGN - PICO COUNCIL MEMBER POPE-LUDLAM In a memorandum dated March 20, 1991, Pope-Ludlam requested that a stop sign be Magnolia Streets. AND MAGNOLIA STREETS- (25) Council Member Valerie installed at Pico and Council Member Miller made a motion, seconded by Council Member Maudsley, that a stop sign be installed at Pico and Magnolia Streets. 13 4/1/91 A discussion Committee's denial Magnolia Streets. City Attorney Penman recommended that the approved on a conditional basis and brought back in Mayor June, 1991 for further review. ensued regarding of request for a the stop Traffic sign at Advisory Pico and stop sign be to the Council Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the request for a stop sign at Pico and Magnolia Streets be continued to April 15, 1991, to review previous back-up information from the Traffic Advisory Committee supporting its decision to deny the request for a stop sign at Pico and Magnolia Streets. CHILI COOK-OFF - APRIL 6, 1991 - CITY HALL PLAZA AREA AND PARKING LOT NO. FOUR -MAIN STREET, INC. (26) In a memorandum dated March 20, 1991, Wayne Overstreet, Director of Facilities Management, stated that the Third Annual Chili Cook-off, sponsored by Main Street's Special Events Committee, is scheduled to be held Saturday, April 6, 1991. The event will take place between the hours of 11:00 a.m. and 3:00 p.m., on the upper level of the Civic Center Plaza area. In addition to the Plaza area, Main Street is also requesting the use of the entire Parking Lot No. Four, located immediately north of City Hall on Court and "E" Streets. Council Member Estrada made a motion, seconded by Council Member Miller, and unanimously carried, that Main Street, Inc. be authorized to conduct a chili cook-off utilizing the City Hall Plaza area and Parking Lot No. Four, located immediately north of City Hall on Court and "E" Streets, on Saturday, April 6, 1991, subject to such conditions as may be required by the Director of Facilities Management. TRANSFER OF RECRUITMENT AND TESTING FUNCTIONS FROM CIVIL SERVICE TO PERSONNEL (27) In a memorandum dated March 21, 1991, Barbara Dillon, Director of Personnel, requested authorization to transfer the recruitment and testing functions performed by Civil Service to the Personnel Department. Ms. Dillon stated that the anticipated Personnel cost savings would total $86,055, based on the following actions: delete a Personnel Clerk II: underfill the remaining Personnel Clerk II at a I level: have the existing Personnel Assistant work with the Chief Examiner vs. hiring a new Secretary; and leave a Personnel Analyst position vacant for six months. Personnel Director Dillon stated that to accomplish this task the following steps would have to be taken: Continue with an independent Civil Service Board, and staff it with the Chief Examiner and a Personnel Assistant: transfer two Personnel Clerk 14 4/1/91 I's and one vacant Personnel Analyst from Civil Service to Personnel: and have Personnel assume responsibility for combined counter functions, including job information, applications, benefits, in-processing, employee separations, and job descriptions. Barbara Dillon, Director of Personnel, answered questions regarding the differences in recruitment functions performed by the Personnel Department and Civil Service. Ms. Dillon explained that Civil Service does recruitment for all classified positions within the City , and the Personnel Department does recruitment for all unclassified and management positions. City Administrator Edwins provided examples of the instances where overlapping occurs in recruitment functions between the Personnel and Civil Service Departments. City Attorney Penman answered questions regarding Civil Service duties as outlined in the San Bernardino City Charter. He provided historical information as to how Civil Service became involved in the recruiting and testing functions of potential City employees. A discussion ensued regarding the effects on Civil Service if all staff, except the Chief Examiner and Personnel Assistant positions, were transferred to Personnel. Personnel Director Dillon answered questions, stating that no salary adjustments would be made to the salaries of the Chief Examiner nor the Personnel Assistant. Ms. Dillon explained the cost savings anticipated if the proposed transfer were approved. Carl Waelder, Civil Service Board Member, spoke in opposition to the proposed transfer of Civil Service staff to the Personnel Department. He referred to a memorandum dated February 1, 1989, from former Senior City Attorney John Wilson regarding incompatibility of merging the Personnel Director and Chief Examiner positions. He stated that there would also be incompatibility in instances where the Civil Service Board would have to make a judgement call against Personnel during disciplinary hearings. Mr. Waelder felt that there should. be independent staff to handle the functions outlined in the City'S Charter regarding Civil Service. He further stated that a staff of only a Chief Examiner and a Personnel Assistant is not adequate to perform the duties outlined in the Charter. Mayor Holcomb assured Civil Service Board Member Waelder that if additional staff were needed, that issue could be addressed at a later time. Mayor Holcomb stated that the proposed transfer of staff from the Civil Service Department to 15 4/1/91 Personnel would promote efficiency in staff and provide cost savings to the City. City Attorney Penman stated that the merger of the Chief Examiner position with that of the Director of Personnel was in violation of the City's Charter. He recommended that because the Charter outlines the duties and powers of the Chief Examiner, the Civil Service Department be responsible only for those duties listed in the City's Charter. Mr. Penman read from Opinion No. 91-8, dated March 20, 1991, which lists the duties and powers of Civil Service in the City's Charter. A discussion ensued regarding the last time Civil Service rules and regulations were updated and reviewed. The Council expressed concerns regarding staff reduction in the Civil Service Department. Mr. Waelder stated that the Civil Service Commission is greatly concerned over the proposed transfer of Civil Service staff to Personnel, as the remaining staff will not be sufficient to adequately perform the duties mandated by the City Charter. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, that the item regarding authorization to transfer recruitment and testing functions and attendant personnel from Civil Service to Personnel be continued to April 15, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to allow Civil Service time to consider staffing needs if recruitment and testing functions are transferred to the Personnel Department. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Nays: Council Member Minor. Absent: None. Council Miller. CONSOLIDATION OF PARKING SPACES 5-LEVEL PARKING STRUCTURE - VANIR COMPANY 325 PARKING SPACES (28) In a memorandum dated March 25, 1991, Wayne Overstreet, Director of Facilities Management, requested authorization to consolidate Vanir Company's 325 parking spaces presently located on the basement, 2nd and 4th levels of the 5-level parking structure. He stated that it is difficult to control the maintenance, signing, and use of these spaces and provide responsible security. If all the parking spaces were relocated on the fourth level, the City would be able to provide better utilization and control of the parking structure. 16 4/1/91 Wayne Overstreet, Director of Facilities Management, explained why the fourth level was selected as the best location to consolidate the 325 parking spaces for the Vanir Company. Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly, that the consolidation of Vanir Company parking spaces on the 4th level of the 5-level Parking Structure be approved and staff be directed to draw up appropriate agreements, leases, easements, etc., to bring back to Council for final adoption. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Minor, Pope-Ludlam, Miller. Nays: Council Member Maudsley. Absent: None. BENEFIT SOFTBALL GAME - HOLLYWOOD ALL-STARS AND THE LOS ANGELES RAMS - APRIL 6, 1991 - SPIRIT BASEBALL CLUB USE OF FISCALINI FIELD (S-I) In a memorandum dated March 28, 1991, Annie F. Ramos, Director of Parks, Recreation and Community Services, stated that the San Bernardino Spirit Baseball Club has requested the use of Fiscalini Baseball Field for a non-California league baseball game, between the Hollywood All-Stars and the Los Angeles Rams on Saturday, April 6, 1991. The event is to serve as a training session for Spirit employees in preparation for the coming season. It is anticipated that attendance would be approximately 1,500 paid persons, with proceeds going to the Cystic Fibrosis Foundation. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that Spirit Baseball Club's request for use of Fiscalini Field on April 6, 1991, for a benefit game, be approved. CHANGE ORDER NO. ONE PAVEMENT REHABILITATION- BASELINE STREET FROM MEDICAL CENTER DRIVE TO CRESTVIEW AVENUE - FONTANA PAVING, INC. (S-2) In a memorandum dated March 28, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, requested approval' of Change Order No. One with Fontana Paving, Inc., for additional cold planing and quantities of asphalt concrete and deletion of hot surface recycling for pavement rehabilitation on Baseline Street from Medical Center Drive to Crestview Avenue. Change Order No. One authorizes Fontana Paving, Inc. to perform the work for an increase in the contract price of $64,618.40. A discussion ensued regarding the City seeking legal action against the sub-contractor who performed substandard work by installing pavement overlay utilizing inferior materials and refusing to guarantee his work. 17 4/1/91 Council Member Miller made a motion, seconded by Council Member Reilly, and unanimously carried, that Change Order No. One to the contract with Fontana Paving, Inc. , for the pavement rehabilitation on Baseline Street, from Medical Center Drive to Crestview Avenue, in accordance with Plan No. 7870, be approved, to authorize additional cold planing and quantities of asphalt concrete, and deletion of hot surface recycling, for an estimated increase of $64,618.40 in the contract price, from $709,902.45 to $774,520.85. EXPANSION OF PARKING LOT FOR FISCALINI FIELD IN PERRIS HILL PARK (S-3) In a memorandum dated March 27, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, requested authorization to utilize City forces for the expansion of Fiscalini Field parking lot in Perris Hill Park. City Administrator Edwins explained the provisions of the agreement between the City and the Spirit Baseball Team relating to the expansion of the existing paved parking lot of Fiscalini Field in perris Hill Park. Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding the anticipated costs if the expansion of the parking lot were to go to bid. Council Member Reilly made a motion, seconded by Council Member Minor, that a determination be made that the expansion of the parking lot for Fiscalini Field, at perris Hill Park, can be performed by City forces. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam. Council Members Flores, Miller. Absent: None. Council Nays: RES. 91-110 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN AMENDED FIVE-YEAR PROJECT LIST AND TWENTY- YEAR TRANSPORTATION PLAN TO BE FINANCED PURSUANT TO MEASURE "I" TO LEVY A ONE-HALF CENT SALES TAX WITHIN SAN BERNARDINO COUNTY FOR FUNDING TRANSPORTATION PROJECTS. (New Business) Council Member Pope-Ludlam made a motion, seconded by Council Member Flores, and unanimously carried, to discuss the adoption of said resolution as the matter arose subsequent to the posting of the Council agenda. COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council meeting. Roger Hardgrave, Director of explained the urgency in adopting Public Works/City Engineer, said resolution. He stated 18 4/1/91 that SANBAG is in the process of developing a program for releasing some Measure "I" arterial funds, (One-half Cent Sales Tax Funds) and expected these funds to be approved in about thirty days. The City's amended list needs to be submitted as soon as possible to be incorporated into SANBAG's funding program. Council Member Estrada made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 91-110 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Nays: None. Absent: Council Member Miller. CITY ATTORNEY PENMAN EXCUSED City Attorney Penman left replaced by Senior Assistant City the Council meeting Attorney Barlow. and was COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:37 a.m., the Regular Meeting of the Community Development Commission was called to order by Chairman Holcomb in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California to discuss a proposed resolution awarding a purchase order to Rayvern Lighting Company for the Metalux light fixtures, as the cost to the City is billable to the Community Development Commission (Redevelopment Agency). RES. 91-111 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO RAYVERN LIGHTING COMPANY FOR THE FURNISHING AND DELIVERY OF METALUX LIGHT FIXTURES, TO BE UTILIZED BY THE FACILITIES MANAGEMENT DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-91- 10. (Continued from earlier in the meeting. See Page 11) (19) Council Member Pope-Ludlam made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 91-111 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Nays: None. Absent: Council Member Miller. WAIVER OF CITY FEES - GRAN FIESTA - MAY 2, 1991 - EL CAMINO REAL CULTURAL AND ECONOMIC FOUNDATION- CONTINUED FROM EARLIER IN THE MEETING. SEE PAGE 13 (24) This is the time and place continued to from earlier in the meeting to consider a request from the El Camino Real Cultural and Economic Foundation for waiver of City fees and use of City labor and materials in connection with Gran Fiesta to be held May 2, 1991. 19 4/1/91 In memorandums dated April 1, 1991, and March 11, 1991, Wayne Overstreet, Director of Facilities Management, expressed concern regarding the inadequate supply of electrical outlets in the Plaza area of City Hall for the "Gran Fiesta". J. Lorraine Velarde, Executive Assistant to the Mayor, explained that the El Camino Real Cultural and Economic Foundation had additional requests which include the use of the Plaza area of City Hall, use of table and chairs, and approval to hang a banner from the "E" Street bridge advertising the Gran Fiesta to be held on May 2, 1991 from 11:00 a.m. until 8:00 p.m. George Martinez, President, El Camino Real Cultural and Economic Foundation, requested a waiver of City fees in the amount of $300.00 in overhead costs and electrical fees. He stated that so far, six food booths are planned for the festivities, but if more booths are needed, he would be willing to pay the extra costs for the additional electrical outlets. He further stated that the Maruko Hotel, which operates the Convention Center, has agreed to rent portable power cables and distribution panels if additional electrical outlets are needed. Mr. Martinez stated that a one-million dollar liability insurance policy has been obtained naming the City as co-insurer. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the request from El Camino Real Cultural and Economic Foundation for waiver of City fees in an amount not to exceed $300.00, and use of City labor and materials in connection with Gran Fiesta to be held May 2, 1991, be approved. COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council meeting and took her place at the council table. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:46 a.m., the Regular Meeting of the Development Commission reconvened and was called to Chairman Holcomb in the Council Chambers of City Hall, "D" Street, San Bernardino, California. Community order by 300 North The Council, acting as the Commission, took action on the items listed on the Community Development Commission agenda. RECESS MEETING At 11:52 a.m., Mayor Holcomb recessed the Regular Meeting of the Mayor and Common Council of the City of San Bernardino until 2:00 p.m. 20 4/1/91 RECONVENE MEETING At 2:00 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb: Council Members Reilly, Flores, Maudsley, Minor, Miller: City Attorney Penman, City Clerk Krasney. Absent: Council Members Estrada, Pope-Ludlam, City Administrator Edwins. APPEAL CONDITION NOS. 14 & 15 OF PUBLIC WORKS CONDITIONS OF APPROVAL - PARCEL MAP NO. 13723 - 1524 N. SIERRA WAY - BERNARD AND MYRNA WALTZER - RUSSELL AND HAZEL CUMMINS (29) This is the time and place set for an appeal hearing as requested by Bernard and Myrna Waltzer and Russell and Hazel Cummins on Condition Nos. 14 and 15 of Public Works Conditions of Approval for Parcel Map No. 13723 regarding widening of the street for property located at 1524 N. Sierra Way at the corner of Sierra Way and Magnolia Avenue. COUNCIL MEMBER ESTRADA RETURNED At 2:04 p.m., Council Member Estrada returned to the Council meeting and took her place at the council table. In a memorandum dated March 13, 1991, Larry E. Reed, Director of Planning and Building Services, stated that Parcel Map 13723 is a proposal to divide one 0.47 acre parcel into three lots at 1524 N. Sierra Way (Sierra Way and Magnolia Avenue). During the review process, the Public Works Department specified that an additional 2.75 feet right-of-way dedication along Sierra Way and an 11 foot street widening improvement would be required to comply with the Circulation Element of the General Plan and Public Works standards for secondary arterials. The General Plan requires the right-of-way dedication and road improvements as part of all new developments. Director Reed stated that the applicant's appeal the argument that this proposed subdivision is development, and that a legal "nexus" has not been for the requirement of street widening. is based on not a new established Mayor Holcomb opened the hearing. Larry Reed, Director of Planning and Building Services, gave background information regarding the appeal. Paul Toomey, Planner, Toomey & Associates, 34636 County Line Road, Suite 31, Yucaipa, CA 92399, on behalf of the applicants, Bernard and Myrna Waltzer and Russell and Hazel Cummins, 21 4/1/91 requested that the Mayor and Council approve Parcel Map 13723 and waive the requirement of widening existing curb and installation of new curb at 1524 N. Sierra Way. COUNCIL MEMBER POPE-LUDLAM RETURNED At 2:06 p.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. Council Member Reilly made a motion, seconded by Council Member Maudsley, and unanimously carried, that the hearing be closed: that the appeal be upheld: and that Parcel Map No. 13723 be approved subject to the findings of fact and conditions of approval contained in the February 19, 1991, Planning Commission staff report (Exhibit "D"), but deleting Public Works Department Condition No. 14 requiring the 11' street widening improvement. APPEAL - CONDITIONAL USE PERMIT NO. 90-72 - ESTABLISH 2500 SQUARE FOOT MINI MARKET OFFSITE SALE OF BEER AND WINE - 1689 KENDALL DRIVE - MOHAMMAD ALl (30) This is the time and place set for an appeal hearing on Conditional Use Permit No. 90-72, as requested by Mohammad Ali, to establish a 2500 square foot mini market to include off-site sale of beer and wine located on the southwest corner of Kendall Drive and University Parkway, at 1689 Kendall Drive, Suite A. In a memorandum dated March 11, 1991, Larry E. Reed, Director of Planning and Building Services, stated that the applicant, Mohammad Ali, has requested to establish a 2500 square foot mini market to include the off-site sale of beer and wine in an existing retail center located at 1689 Kendall Drive, Suite A. However, the Planning Commission has denied Conditional Use Permit No. 90-72, due to concerns from staff regarding the previous applicant'S history of two negative encounters with law enforcement, including convictions for sales to minors, and also based on reports that the area is already over-saturated w.ith mini-markets. Due to negative public testimony given at the hearing, including a letter of protest from California State University at San Bernardino, a determination was made that an additional outlet was incompatible. Mayor Holcomb opened the hearing. Larry Reed, Director of Planning and Building Services, presented a letter dated March 22, 1991 from Charles T. Schultz, Reid & Hellyer, 599 N. Arrowhead Avenue, San Bernardino, on behalf of the applicant, Mohammad Ali, requesting a continuance of the public hearing to May 6, 1991, to provide adequate time to meet with area residents. Council Member Minor made a motion, Member Estrada, and unanimously carried, Planning Commission's denial of Conditional seconded by Council that the appeal on Use Permit No. 90-72, 22 4/1/91 to establish a 2500 square feet mini market to include off-s~te sale of beer and wine, be continued to 2:00 p.m., May 6, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. GENERAL PLAN AMENDMENT NO. 90-07 - CHANGE LAND USE DESIGNATION FROM CG-1 TO RS AND FROM RH TO RS - WEST SIDE OF "E" STREET, SOUTH OF 28TH STREET (OLD LAUREL HOSPITAL) - ADOPT RESOLUTION (31) RES. 91-112 - 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. (31) Council Member Minor made a motion, seconded by Council Member Mauds1ey, that said resolution be adopted. Resolution No. 91-112 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. ADOPTING NEGATIVE DECLARATION OF ENVIRONMENTAL 91-04- IMPACT (32) hearing to This is the time and place set for a public consider General Plan Amendment No. 91-04. RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-04 (A) TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (32) (Development Code) RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-04(B) TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (Verdemont Area Plan) (32) RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-04 (C) TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (Central City South Overlay District) (32) RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-04(D) TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (Foothill Fire Protection) (32) 23 4/1/91 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-04(E) TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (Retail Uses in CR-2 Commercial Regional Downtown) (32) RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-04(F) TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (Combination residential/office uses in Commercial Office Districts CO-1 & CO-2) (32) Council Member Minor made a motion, seconded by Council Member Maudsley, and unanimously carried, that the public hearing on General Plan Amendment No. 91-04 and the adoption of said resolutions be continued to 10:00 a.m., Wednesday, April 17, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council meeting. PUBLIC HEARING - ESTABLISHING AND MODIFYING FEES FOR PLANNING DIVISION SERVICES (33) This is the time and place set for a public hearing to consider establishing and modifying fees for Planning Division services. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 83-201, AND REPEALING RESOLUTION NO. 89- 471, MODIFYING FEES FOR PLANNING SERVICES AND ESTABLISHING NEW FEES FOR PLANNING SERVICES. (33) In a memorandum dated February 21, 1991, Larry E. Director of Planning and Building Services, requested adoption of a resolution modifying the Planning Division schedule and establishing new fees for Planning services required by the adoption of the Development Code. Reed, the fee as Mayor Holcomb opened the hearing. Dave Mlynarski, 25864 Business Center Drive, Suite "F", Redlands, Ca., stated that he was under the impression that the proposed resolution establishing and modifying fees for Planning Division services would not be discussed until after the adoption of the Development Code standards. He stated that he had no problems with the direct recovery of costs or the time spent by staff to review applications and handling of cases, but he expressed concerns regarding development application fees. He further requested a copy of the proposed resolution listing the modified fees. 24 4/1/91 City Administrator Edwins stated that the methods used to modify the current fees are inconsistent and that a formula should be used to determine fee increases across the board. She recommended that the Finance Department be authorized to develop some type of mechanism to provide a consistent basis for applying fee increases. She further stated that a more efficient method of raising existing fees would be to use percentages until a cost recovery system can be worked out. City Attorney Penman stated that the proposed resolution is legally adequate as to legal form and content. However, he pointed out that the backup material was insufficient and did not provide the necessary information, as required by law, showing that the current fees are not adequate to cover actual costs. City Administrator Edwins answered questions regarding the time frame for developing a consistent plan for applying fee increases. Director Reed suggested that staff could come back with the necessary information, as required by law, at the time of the adoption of the Development Code, thereby allowing staff time to consider a better way of doing cost recovery. City Administrator Edwins felt that an audit of some sort should be performed by a professional or the Finance Department be allowed to look at what constitutes direct cost recovery. She stated there should be a consistent number that can be applied across the board. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the public hearing be continued to Monday, April 15, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California: and that the matter of establishing and modifying fees for Planning services be referred to the Director of Finance in order that an appropriate cost accounting system may be created. PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 91-03- CHANGE LAND USE DESIGNATION FROM RM TO CG-1 - NORTHWEST CORNER OF 3RD STREET AND VICTORIA AVENUE - ADOPTION OF RESOLUTION (34) This is the time and place set for a public hearing to consider General Plan Amendment No. 91-03 to change the land use designation from RM to CG-1 on the northwest corner of Third Street and Victoria Avenue. 25 4/1/91 RES. 91-113 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-03 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (34) Mayor Holcomb opened the hearing. Council Member Reilly made a motion, seconded Member Minor, and unanimously carried, that the closed and said resolution be adopted. by Council hearing be Resolution Ayes: Council Ludlam, Miller. No. 91-113 was adopted by the following vote: Members Reilly, Flores, Maudsley, Minor, Pope- Nays: None. Absent: Council Member Estrada. COUNCIL MEMBER ESTRADA RETURNED At 2:23 p.m., Council Member Estrada returned to the Council meeting and took her place at the council table. PUBLIC HEARING - SURFACING OR PAVING OF PARKING OR OUTDOOR STORAGE AREAS - ORDINANCE AMENDMENT SECTION 19.56.370 AND 19.56.380 (35) This is the time and place set for a public hearing to consider an ordinance amending San Bernardino Municipal Code Section 19.56.370 and 19.56.380 regarding the surfacing or paving of parking or outdoor storage areas. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE SECTIONS 19.56.370 AND 19.56.380 REGARDING THE SURFACING OR PAVING OF PARKING OR OUTDOOR STORAGE AREAS. FIRST (35) In a memorandum dated March 11, 1991, Larry E. Reed, Director of Planning and Building Services, stated that on February 19,1991, the Planning Commission unanimously recommended approval of the proposed ordinance which allows alternative surfacing materials for industrial storage areas. Mayor Holcomb opened the hearing. Council Member Reilly made a motion, seconded by Council Member Minor, that the hearing be closed: that the first reading of the ordinance amending San Bernardino Municipal Code Sections 19.56.370 and 19.56.380 be waived, and that said ordinance be laid over for final passage: and that the negative declaration be adopted. 26 4/1/91 The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Minor, Miller. Nays: Council Members Flores, Maudsley. Absent: Council Member Pope-Ludlam. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. PUBLIC HEARING DELETE REQUIREMENT FOR PLANNING COMMISSION REVIEW OF METAL-COVERED BUILDINGS- ORDINANCE AMENDMENT SBMC SECTION 15.32.030 (36) This is the time and place set for a public hearing' to consider an ordinance amending San Bernardino Municipal Code Section 15.32.030 to delete the requirement for Planning Commission Review of metal-covered buildings. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE SECTION 15.32.030 OF CHAPTER 15.32 TO DELETE THE REQUIREMENT FOR PLANNING COMMISSION REVIEW AND APPROVAL OF METAL-COVERED BUILDINGS. (36) Mayor Holcomb opened the hearing. In a memorandum dated March 11, 1991, Larry E. Reed, Director of Planning and Building Services, requested authorization to delete the requirement of Planning Commission approval for metal buildings, and to allow the review and approval of such structures to be regulated by the Development Review Committee (DRC), in an effort to expedite the review and approval process. Council Member Reilly made a motion, seconded by Council Member Miller, that the hearing be closed: that the first reading of the ordinance amending San Bernardino Municipal Code Section 15.32.030 be waived and that said ordinance be laid over for final passage: and that the negative declaration be adopted. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Minor, Miller. Nays: Council Flores, Maudsley. Abstain: Council Member Pope-Ludlam. None. Council Members Absent: RES. 91-114 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPOINTING ELECTION OFFICERS AND DESIGNATING POLLING PLACES PURSUANT TO SECTION 2.56.110 OF THE SAN BERNARDINO MUNICIPAL CODE FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD ON MAY 7, 1991. (New Business) City Clerk Krasney read the title of the resolution. 27 4/1/91 Council Member Estrada made a motion, seconded by Council Member Flores, and unanimously carried, that action be considered on this matter as said resolution arose subsequent to the posting of the Council agenda. Council Member Miller made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 91-114 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. ADJOURNMENT At 2:27 p.m., the Regular Meeting of the Council adjourned to 8:30 a.m., Monday, April Council Chambers of City Hall, 300 North Bernardino, California. (37) Mayor and Common 15, 1991, in the "D" Street, San RACHEL KRASNEY City Clerk City Clerk No. of Items: 61 No. of Hours: 6 hrs. 28 4/1/91