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HomeMy WebLinkAbout09-16-1991 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING SEPTEMBER 16, 1991 COUNCIL CHAMBERS The regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 8:35 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: Council Members Estrada, Pope-Ludlam. RECESS MEETING - CLOSED SESSION (1 & R-8) At 8:35 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: a. to give instruction to the CitY's/Commission's negotiator on the purchase of property pursuant to Government Code Section 54956.8. The real property which the negotiations concern is generally located at: ; b. to consider personnel matters pursuant to Government Code Section 54957; c. to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6; d. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities pursuant to Government Code Section 54957; e. to confer with the litigation pursuant to 54956.9(b)(1), as there litigation; attorney regarding pending Government Code Section is significant exposure to 1 9/16/91 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: Citv of San Bernardino vs. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239193; Stubblefield Construction Company. et al vs. City of San Bernardino. et al - San Bernardino Superior Court Case No. 242998; San Bernardino Superior Court Case No. 252058; Sock Dawson. et al vs. Ci tv of San Bernardino. et al- United States District Court Case No. SA 88-461 AHS (RWRx); City of Redlands vs. Inland Vallev Development Aaencv. et al - San Bernardino Superior Court Case No. 255222; Countv vs. Citv of San Bernardino IRDA) - San Bernardino Superior Court Case No. 258241; Citv of Indians. 6899 WJR San et al (Bx); Bernardino vs. San Manuel Band of Mission - United States District Court - Case No. 85- Saab vs. Citv of San Bernardino - Fourth District Court of Appeals Case No. E008652; Zaharopoulos vs. Citv of San Bernardino - United States District Court - Case No. SACV 90-519 RWR; Citv of San Bernardino vs. Patrick Media/Gannett Outdoor. et al - Riverside Superior Court Case No. 205749; Thompson. Keith vs. City of San Bernardino Court of Appeal, Fourth Appellate District - Case No. E007275; Randall vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 250472; City of San Bernardino vs. San Bernardino Steel San Bernardino Superior Court Case No. 261904; Citv of San Bernardino vs. Dvkes/Rampello - San Bernardino Superior Court Case No. 254883; 2 9/16/91 Crain vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 229990; Meridian Park Investments vs. City of San Bernardino- United States District Court - Case No. 91-3993-JSL (JRx); San Bernardino Hotel/Motel Association vs. City of San Bernardino - San Bernardino Superior Court Case No. 264661. City Attorney Penman announced that the following additional cases would be discussed in closed session: City of San Bernardino vs. Countv of San Bernardino. et al- San Bernardino Superior Court Case No. 207900. City of San Bernardino vs. Frank L. Arellanes. et al ~ San Bernardino Superior Court Case No. 264052. CLOSED SESSION At 8:36 a.m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: Council Members Estrada, Pope-Ludlam. Also present: Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office. READING OF RESOLUTIONS AND ORDINANCES Deputy City Clerk Vale read the titles of all the resolutions and ordinances on the regular, supplemental and Community Development Commission agendas while the Council was in closed session. COUNCIL MEMBER At 8:38 a.m., closed session. POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the COUNCIL MEMBER ESTRADA ARRIVED At 8:40 a.m., Council Member Estrada arrived at the closed session. ADJOURN CLOSED SESSION At 8:56 a.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. 3 9/16/91 RECONVENE MEETING At 9:32 a.m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino 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, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Clark. INVOCATION The invocation was given by Bishop Phillip Straling of the Diocese of San Bernardino. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Minor. PRESENTATION - BISHOP PHILLIP STRALING - SERVICE TO YOUTH (4) Mayor Holcomb presented Bishop Phillip Straling with a plaque commending him for his outstanding service to the Boy Scouts of America, the youth and community of San Bernardino, and for outstanding leadership in the community. PROCLAMATION - RIDESHARE WEEK - SEPTEMBER 1991 23 - 27, (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring the week of September 23 - 27, 1991, as California Rideshare Week. Peggy Ducey, Assistant to the City Administrator, accepted the proclamation. COMMENDATION JUNIOR POLICE ACADEMY ELEMENTARY SCHOOL LYTLE CREEK (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a commendation for the Junior Police Academy at Lytle Creek Elementary School for its outstanding service to the community and youth of San Bernardino. Daniel Robbins, San Bernardino Chief of Police, accepted the commendation. Also present were Corporal Brian Cartony, Instructor; Cecelia Carrasco, Principal, Lytle Creek Elementary School; and Sgt. Major Gunter Griebau. 4 9/16/91 PRESENTATION - EMPLOYEE RECOGNITION AWARDS (5) J. Lorraine Velarde, Executive Assistant to the Mayor, read the following names of employees receiving employee recognition awards for the period of April 16, 1991 to July 15, 1991. Michael Arvizo Management Confidential Employee Category General Employee Category Safety Employee Category (Posthumously) Sue Dawson Thomas Gould SERVICE PIN AWARD CEREMONY (5) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of the employees receiving service pin awards. Each employee received a service pin from Mayor Holcomb in gratitude of his/her many years of dedicated service to the City. APPOINTMENT - SARAH JANE LORENZ - PARKS & RECREATION COMMISSION - COUNCIL MEMBER MINOR REQUEST (4) In a memorandum dated August 11, 1991, Mayor Holcomb recommended the appointment of Sarah Jane Lorenz, 2737 Muscupiabe Drive, San Bernardino, CA, to the Parks & Recreation Commission, at the request of Council Member Minor. Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the appointment of Sarah Jane Lorenz to the Parks & Recreation Commission be approved. ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ - GRAFFITI & BLIGHT (2) Council Member Hernandez expressed concern regarding the graffiti and blight occurring in the City and the Third Ward, and stated that the City's graffiti abatement paint over program should be reviewed and modified to be more effective in blight and graffiti abatement. ANNOUNCEMENT COUNCIL MEMBER MILLER BLIGHT - SECCOMBE LAKE PARK SEPTEMBER 15TH GRAFFITI & CELEBRATION (2) Council Member Miller stated that many north/south streets were less cluttered with graffiti and abandoned vehicles due to the City'S efforts to clean up blight. Council Member Miller commended staff for their efforts on the September 15th celebration that she attended at Seccombe Lake Park, she felt that it was very impressive. 5 9/16/91 PUBLIC COMMENTS There were no public section of this meeting. (3) comments during the public comments WAIVE FURTHER READING OF RESOLUTIONS AND ORDINANCES (6) Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas be waived. COUNCIL MINUTES (7) Council Member Hernandez made a motion, seconded by Council Member Estrada, 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: June 17, 1991; August 5, 1991; August 7, 1991; and August 19, 1991. SET PUBLIC HEARING - SOLID RECYCLING PLAN & HOUSEHOLD OCTOBER 7, 1991 WASTE SOURCE REDUCTION & HAZARDOUS WASTE ELEMENT- (8) In a memorandum dated August 27, 1991, Manuel P. Moreno, Jr., Director, Public Services, stated that a Solid Waste Source Reduction and Recycling Plan, and the Household Hazardous Waste Element must be implemented as required by the State of California per Assembly Bill (AB) 939. The final draft of the plan must be filed with the State of California and the County of San Bernardino prior to January 1, 1992. AB 939 requires that two public hearings be held to receive public comments. The first public hearing is scheduled for October 7, 1991 at 10:00 a.m. The second public hearing and adoption of the plan should occur at the December 2, 1991 meeting of the Mayor and Common Council. Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that a public hearing for citizen input on the Solid Waste Source Reduction and Recycling Plan, and the Household Hazardous Waste Element be set for Monday, October 7, 1991 at 10:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. TRANSFER OF FUNDS - STREET IMPROVEMENTS MUNICIPAL CODE $62,608 - CITY'S PORTION - FILL-IN - SECTION 12.92 - SAN BERNARDINO ( 10) In a memorandum dated September 3, 1991, Roger Hardgrave, Director of Public Works/City Engineer, presented a synopsis of 6 9/16/91 previous Council action relating to fill-in street improvements, under the provisions of Chapter 12.92 of the San Bernardino Municipal Code. He stated that the total estimated cost for installing fill-in street improvements adjacent to the twenty- three parcels in question was $125,216. The Economic Development Agency had made a determination that a finding of mutual benefit could not be made on the twenty-three parcels. Therefore, bond proceeds may not be used, and another source of funds had to be identified to finance the City's one half of the cost, for those parcels whose owners agreed to participate in the program. Resolution No. 91-137, adopted on April 15, 1991, stipulated that the City would finance 50% of the cost for each parcel whose owner agrees, within a specified time frame, to participate. For those owners who decline to participate, the entire cost would be assessed under these proceedings. The Economic Development Agency/Development Department has developed a program to use CDBG funds to finance the 50% share, for those owner occupants of single-family residences with low to moderate income. Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the transfer of $62,608, from Account No. 129-000-30405 "Unappropriated Reserve" to Account No. 251-684-53925, "Fill-in Street Improvements per Section 12.92 of San Bernardino Municipal Code," be approved. Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the Director of Public Works/City Engineer be authorized and directed to initiate proceedings for the installation of necessary fill-in street improvements, under the provisions of Chapter 12.92 of the San Bernardino Municipal Code, on the following parcels: 266-221- 05, 06, 07, & 12; 266-222-07, 266-223-09, & 11, 268-351-11, 272- 201-52, 272-212-21, 22, & 69, 285-162-14, 155-101-03, 04, & 14, 155-111-04, & 05, 155-142-17, 155-151-08, & 20, 155-183-30, and 145-151-21; and that assessments in excess of $50.00 be collected in up to three annual installments; that interest at 7% be applied on unpaid balances; and that incidental costs be financed by the City. CLAIMS AND PAYROLL (11) Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated September 11, 1991, from the Director of Finance, be approved. 7 9/16/91 PERSONNEL ACTIONS (l2) Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated September 3, 9 & 11, 1991, in accordance with all administrative regulations of the City of San Bernardino, be approved. RES. 91-397 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING AN ADDITIONAL SURCHARGE OF $8.00 FOR THE RECORDATION OF NUISANCE ABATEMENT LIENS PURSUANT TO AB 3510. (15) RES. 91-398 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHOR I ZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH ADULT DAY HEALTH CARE CENTER RELATING TO A NUTRITION FOR SENIORS PROGRAM. (16) RES. 91-399 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH HIGHLAND SENIOR CENTER, HIGHLAND DISTRICT COUNCIL ON AGING INC. , RELATING TO A NUTRITION FOR SENIORS PROGRAM. (17) RES. 91-400 - 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. (18) RES. 91-401 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO LEASE WITH THE BOARD OF WATER COMMISSIONERS PERTAINING TO THE ADDITION OF 2,156 SQUARE FEET OF OFFICE SPACE ON THE FIFTH FLOOR OF CITY HALL TO THAT ALREADY LEASED BY THE WATER DEPARTMENT. (20) RES. 91-402 A RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE BOARD OF WATER COMMISSIONERS PROVIDING WATER SERVICE TO PROPERTY LOCATED ON THE NORTHEAST SIDE OF CAJON BOULEVARD, SOUTHWEST OF THE A. T. S. F. RAILROAD, SAN BERNARDINO, OUTSIDE THE CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO. (21) Council Member Hernandez made a motion, seconded by Council Member Estrada, that said resolutions be adopted. Resolution Nos. 91-397, 91-398, 91-399, 91-400, 91-401, and 91-402 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. 8 9/16/91 ORD. MC-805 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE SECTIONS 3.52. 020A AND 3.52. 020F AND ADDING SECTION 3.52.020.G RELATING TO TRANSIENT OCCUPANCY TAX. Final (22) ORD. MC-806 AN ORDINANCE OF THE CITY OF BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL SECTION 5.04.52 6E RELATING TO BUSINESS LICENSE Final SAN CODE FEES. (23) ORD. MC-807 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.30 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE ABATEMENT OF PROPERTY NUISANCES AND STREAMLINING THE ADMINISTRATIVE PROCEDURES FOR LIENS AND SPECIAL ASSESSMENTS AND REPEALING CHAPTER 8.33. Final (24) Council Member Hernandez made a motion, seconded by Council Member Estrada, that said ordinances be adopted. Ordinance Nos. MC-805, the following vote: Ayes: Hernandez, Maudsley, Minor, Absent: None. MC-806, and MC-807 were adopted by Council Members Estrada, Reilly, Pope-Ludlam, Miller. Nays: None. APPROVAL OF TRANSFER $78,000 SEWER LINE CONSTRUCTION FUND - REPLACEMENT OF SEWER MAIN - "D" STREET - FROM 7TH STREET TO 9TH STREET (9) In a memorandum dated August 30, 1991, Roger Hardgrave, Director of Public Works/City Engineer, stated that the existing sewer main in "D" Street, from 7th Street to 9th Street, had been in service many years and had recurring maintenance problems due to its deteriorated condition. He recommended that funds be provided to finance the installation of a replacement sewer line, in order to reduce the potential claims for damages, and the need for repeated maintenance. The preliminary estimate of cost for installing a replacement sewer main is $78,000. Discussion ensued regarding the need to replace aging sewer mains, and concern was expressed that the City should have a comprehensive plan to deal with sewer main replacement. Council Member Hernandez made a motion, seconded by Council Member Reilly, and unanimously carried, that the transfer of $78,000 from Account No. 245-365-57731, "Cajon Trunk Extension- Cable Creek," to Account No. 245-365-57886, "Replacement of Sewer Main in "D" Street, from 7th Street to 9th Street," be approved. 9 9/16/91 JOINT POWERS FINANCING AUTHORITY - REGULAR MEETING (l3) Mayor Holcomb stated that this item would be taken in conjunction with the Community Development Commission agenda. (See page 31) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH FORECAST CORPORATION RELATING TO REIMBURSEMENT FOR A PORTION OF THE COST FOR INSTALLING OVERSIZE STORM DRAIN FOR TRACT NO. 13554. ( 14) Roger Hardgrave, Director of Public WorkS/City Engineer, stated that no written agreement provided for the $35,800.83 reimbursement to Forecast Corporation. He explained that Forecast Corporation had an agreement which provided for $294,000 in storm drainage fees to be reimbursed by the City. At the time, the Council indicated that an oversize storm drain should be installed in accordance with the Flood Control District's hydrology method which increased the size of the line from 57 inches to 63 inches. Forecast believed that the $35,800.83 cost for an oversized storm drain as required by the Flood Control design methods would also be reimbursed. However, the $35,800.83 cost was not included in the agreement. Now, Forecast is requesting reimbursement of the $35,800.83, claiming that it was verbally understood that this amount would be reimbursed. The Council expressed concern regarding establishing a precedent of reimbursing costs without a written agreement. Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that said resolution relating to reimbursement for a portion of the cost for installing oversize storm drain for Tract No. 13554, be denied. COUNCIL MEMBERS POPE-LUDLAM AND MILLER EXCUSED At 11:11 a.m., Council Members Pope-Ludlam and Miller left the Council meeting. RES. 91-403 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY RELATING TO THE REPLACEMENT OF OVERHEAD WITH UNDERGROUND DISTRIBUTION FACILITIES ON TWENTY-FIRST STREET. (19) Roger Hardgrave, Director of Public Works/City Engineer, stated that on August 5, 1991, undergrounding of utilities were approved for Twenty-First Street. However, there are five or six street lights on wooden utility poles. When these poles are removed, the street lights will also be removed. This resolution provides for the installation of new ornamental concrete street lights to replace the wooden ones removed. The 10 9/16/91 new lights would provide better lighting for the area, but would not increase the number of lights. A discussion was held regarding whether assessment district funds were intended to be used to improve existing utilities. Concern was expressed that due to the increase in the number of crimes committed in residential areas that a better use of the funds would be to increase the number of street lights in residential areas, and not to modernize existing street lights. Council Member Reilly made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 91-403 was adopted Ayes: Council Members Estrada, Reilly, Council Member Hernandez. Absent: Ludlam, Miller. by the following Maudsley, Minor. Council Members vote: Nays: Pope- COUNCIL MEMBER MILLER RETURNED At 10:13 a.m., Council Member Miller returned to the Council meeting and took her place at the council table. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SUBSECTION D TO SECTION 5.76.510 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO DISPLAY OF EMERGENCY LIGHTS AND SIREN ON AMBULANCES. (Continued from September 3, 1991) First (25) AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 5.76.520 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE PHYSICAL ABILITY OF AMBULANCE DRIVERS AND ATTENDANTS. (Continued from September 3, 1991) First (26) This is the time and place continued to for consideration of two ordinances relating to ambulance services. Council Member Estrada made a motion, seconded by Council Member Hernandez, and unanimously carried, that said ordinances be tabled. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 15.73.060 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE TIME FOR PAYMENT OF THE VERDEMONT AREA INFRASTRUCTURE FEE. First (27) Council Member Estrada made a motion, Member Hernandez, and unanimously carried, be tabled. seconded by Council that said ordinance 11 9/16/91 COUNCIL MEMBER POPE-LUDLAM RETURNED At 10:15 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. PUBLIC HEARING - STREET NAME CHANGE - SUNSET DRIVE TO CLUB CENTER DRIVE - CONTINUED FROM AUGUST 5, 1991 (28) This is the time and place continued to for a public hearing to consider a street name change for Club Way, Sunset Drive and the southwesterly portion of Caroline Street, as requested by the Sunset Group. In a memorandum dated August 6, 1991, Roger Hardgrave, Director of Public Works/City Engineer, stated that a number of businesses in the area had negatively responded to the proposed street name change. The Sunset Group, concerned with the negative response to the proposed change, made a decision to request only one name change, the change from Sunset Drive to Club Center Drive, which does not affect any current addresses or business owners. Mayor Holcomb opened the hearing. Roger Hardgrave, Director of Public Works/City Engineer, explained that the applicant had originally requested that three street names be changed. However, due to protests voiced, the applicant revised the application to only change the name of Sunset Drive to Club Center Drive. A resolution reflecting this change is included in the backup. Mr. Hardgrave explained that several property owners on Caroline Street have requested that the name of Club Center Drive be continued down Caroline Street. Staff prepared an alternate resolution for consideration, which would extend the street name of Club Center Drive around the corner on Caroline Street down to Hunts Lane. Council Member Hernandez made a motion, seconded by Council Member Miller, that said alternate resolution be adopted. City Clerk Krasney read the title of the alternate resolution. The Council expressed concern that by adopting the alternate resolution there would still be both a north/south street and an east/west street with the same name. RES. 91-404 - RESOLUTION OF THE CITY OF SAN BERNARDINO CHANGING THE NAME OF SUNSET DRIVE AND THE SOUTHERN PORTION OF CAROLINE STREET (FROM SUNSET DRIVE TO HUNTS LANE) TO CLUB CENTER DRIVE, WITHIN THE CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO. (28) 12 9/16/91 Council Member Hernandez made a substitute motion, seconded by Council Member Miller, that further reading of the resolution be waived, that the public hearing be closed; and that said alternate resolution be adopted. Resolution No. 91-404 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Pope- Ludlam, Miller. Nays: Council Member Maudsley. Absent: None. COUNCIL MEMBERS MAUDSLEY AND MINOR EXCUSED At 10:20 a.m., Council Members Maudsley and Minor left the Council meeting. PUBLIC HEARING - RESOLUTION IMPOSING LIENS ON PROPERTY - UNCOLLECTED BUSINESS LICENSE FEES (29) This is the time and place set for a public hearing relative to imposing liens on real property located within the City of San Bernardino for uncollected business license fees for the renting or leasing of dwelling units. In a memorandum dated August 20, 1991, Rachel Krasney, City Clerk, requested authorization to impose liens on certain parcels of property for uncollected business license fees. City Clerk Krasney stated that the resolution should be amended by deleting the following addresses: 1040 W. Belleview Street, 820 E. Santa Fe Street, 1708 Davidson Avenue, 2745 W. Court Street, and 1550 W. 8th Street. Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the resolution be amended by deleting the following addresses: 1040 W. Belleview Street, 820 E. Santa Fe Street, 1708 Davidson Avenue, 2745 W. Court Street, and 1550 W. 8th Street. Mayor Holcomb opened the public hearing. Jay Gazzolo, 1450 Sepulveda, San Bernardino, CA, owner of rental property located at 189 E. 9th Street, San Bernardino, CA, spoke in opposition to imposing liens for unpaid business licenses, and stated that it was unfair to require that a single family business license be paid for a two-year period, when other business licenses are only required to be paid for a one-year period. Mayor Holcomb explained the penal ties imposed for unpaid business licenses including criminal prosecution, fines, liens, and the legal inability to collect rent for unlicensed rental properties. 13 9/16/91 Shauna Clark, City Administrator, stated that the single family rental licenses are established on an alternate year cycle, so that property owners who have several addresses would not be required to pay all the licenses at the same time. Discussion ensued regarding establishing the single family rental business license as a two-year license instead of a one- year license. City Administrator Clark explained that this license fee is used to fund code enforcement efforts relating to rental property. She stated that approximately 50% of single family rental properties in the City are owned by absentee landlords. Council Member Hernandez business license for single Legislative Review Committee. made a motion that the two-year family rentals be referred to The motion died for lack of a second. COUNCIL MEMBER MAUDSLEY RETURNED Council Member Maudsley returned to the Council meeting and took his place at the council table. A discussion was held regarding referring the item of family rental business licenses to the Legislative Committee for discussion. single Review COUNCIL MEMBER MINOR RETURNED Council Member Minor returned to the Council meeting and took his place at the council table. RES. 91-405 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR UNCOLLECTED BUSINESS LICENSE FEES. (189 E. 9th St., 561 Santa Fe St., 979 W. Dover Dr., 2495 Duffy St., 1365 Davidson Ave., 883 Dallas Ave., 2381 Davidson Ave., 3635 Belle St., 695 W. 34th St., 1042 W. 24th St., 2894 St. Elmo, 1868 Colorado, 2037 W. 18th St., 1995 W. 19th St., 1982 Lincoln) (29) Council Member Hernandez made a motion, seconded by Council Member Reilly, that the public hearing be closed; and that said amended resolution be adopted as amended by deleting the following addresses: 1040 W. Belleview Street, 820 E. Santa Fe Street, 1708 Davidson Avenue, 2745 W. Court Street, and 1550 W. 8th Street. 14 9/16/91 Ayes: Nays: Absent: Resolution No. 91-405 was adopted by the following vote: Council Members Estrada, Reilly, Hernandez, Minor, Miller. None. Abstain: Council Members Maudsley, Pope-Ludlam. None. PUBLIC HEARING - ANNEXATION NO. 350 - TERRITORY EAST OF WATERMAN AVENUE BETWEEN 6TH STREET & 3RD STREET (LAFCO 2671) (30) This is the time and to Annexation No. 350, generally located east of 3rd Street. place set for a public hearing relative for the annexation of the territory Waterman Avenue, between 6th Street and In a memorandum dated August 28, 1991, Roger Hardgrave, Director of Public Works/City Engineer, stated that on April 15, 1991, Resolution No. 91-124 was adopted making formal application to the Local Agency Formation Committee (LAFCO). On June 19, 1991, LAFCO adopted a resolution approving the annexation and authorizing the City to initiate proceedings relative to the proposed annexation. As part of these proceedings, the City must conduct a public hearing regarding the proposed annexation. All property owners owning land within the proposed territory, and all affected agencies were notified by mail of the hearing. Mayor Holcomb opened the public hearing. Jerry Beall, 24251 E. 4th Street, San Bernardino, CA, spoke in opposition to the annexation, and submitted a petition to City Clerk Krasney protesting the annexation. Mayor Holcomb explained the benefits of annexing into the City. Mike Massey, 3753 Ridgeline Drive, San Bernardino, CA, spoke regarding his property located at 24460 E. 6th Street, voicing his opposition to the annexation. RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THAT LESS THAN TWENTY-FIVE PERCENT (25%) OF PROTESTS BY REGISTERED VOTERS AND TWENTY-FIVE PERCENT (25%) OF PROPERTY OWNERS HAVE BEEN FILED AND ORDERING ANNEXATION NO. 350 (LAFCO 2671) FOR THE TERRITORY GENERALLY LOCATED EAST OF WATERMAN AVENUE, BETWEEN 6TH STREET AND 3RD STREET, AND DETACHMENT FROM CSA 38, CSA 38 ZONE G, CSA 38 ZONE L, CSA 70, CSA 70 ZONE A AND CSA SL-1.(30) Council Member Hernandez made a motion, seconded by Council Member Estrada, to close the public hearing. 15 9/16/91 Mayor Holcomb requested that staff calculate the number of protests received. Council Member Hernandez withdrew his motion. Council Member Minor made a motion, seconded by Council Member Estrada, that the public hearing to receive, consider and rule upon written protests in the matter of annexation of the territory generally located east of Waterman Avenue, between 6th Street and 3rd Street, designated LAFCO 2671, be closed. The motion carried by the following vote: Members Estrada, Reilly, Maudsley, Minor, Miller. Member Hernandez, Pope-Ludlam. Absent: None. Ayes: Nays: Council Council Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that said resolution pertaining to annexation of the territory generally located east of Waterman Avenue, between 6th Street and 3rd Street, designated LAFCO 2671, be continued to October 7, 1991, in the Council Chambers of City Hall, 300 North "D" Street San Bernardino, California. PUBLIC HEARING - WATERMAN AVENUE (LAFCO 2672) ANNEXATION NO. 352 - TERRITORY EAST OF BETWEEN 9TH STREET & 6TH STREET (31) This is the time and to Annexation No. 352, generally located east of 6th Street. place set for a public hearing relative for the annexation of the territory Waterman Avenue, between 9th Street and In a memorandum dated August 28, 1991, Roger Hardgrave, Director of Public Works/City Engineer, stated that on April 15, 1991, Resolution No. 91-123 was adopted making formal application to the Local Agency Formation Committee (LAFCO). On June 19, 1991, LAFCO adopted a resolution approving the annexation and authorizing the City to initiate proceedings relative to the proposed annexation. As part of these proceedings, the City must conduct a public hearing regarding the proposed annexation. All property owners owning land wi thin the proposed territory, and all affected agencies were notified by mail of the hearing. Mayor Holcomb opened the public hearing. Merle Sessions, Attorney at Law, 323 W. Court Street, San Bernardino, CA, spoke on behalf of Mr. Steve Marutsos, owner of Waterman Dismantling, 721 N. Waterman Avenue, San Bernardino, CA. Mr. Sessions stated that Mr. Marutsos was opposed to the annexation and had filed a written protest, and requested that the public hearing be continued for one month. 16 9/16/91 Jodell Murray, owner of Massey Boarding Kennel, 24450 E. 6th Street, San Bernardino, CA, voiced opposition to the annexation. Arnold on behalf annexation. Kennedy, 24276 6th Street, San Bernardino, CA, spoke of his mother, and expressed opposition to the RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THAT PROTESTS BY PROPERTY OWNERS OWNING LESS THAN FIFTY PERCENT (50%) OF THE ASSESSED VALUE OF THE TERRITORY PROPOSED TO BE ANNEXED HAVE BEEN FILED AND ORDERING ANNEXATION NO. 352 (LAFCO 2672) FOR THE TERRITORY GENERALLY LOCATED EAST OF WATERMAN AVENUE, SOUTH OF 9TH STREET AND NORTH OF 6TH STREET, AND DETACHMENT FROM CSA 38, CSA 38 ZONE G, CSA 38 ZONE L, CSA 70, CSA 70 ZONE A AND CSA SL-1. (31) Council Member Pope-Ludlam made a motion, seconded by Council Member Minor, and unanimously carried, that the public hearing to receive, consider and rule upon written protests in the matter of annexation of the territory generally located east of Waterman Avenue, between 9th Street and 6th Street, designated LAFCO 2672, be closed. Council Member Miller made a motion, seconded by Council Member Reilly, and unanimously carried, that said resolution pertaining to annexation of the territory generally located east of Waterman Avenue, between 9th Street and 6th Street, designated LAFCO 2672, be continued to October 7, 1991, in the Council Chambers of City Hall, 300 North "D" Street San Bernardino, California. AUTHORIZATION TO INITIATE GENERAL PLAN AMENDMENT - CG- 1, COMMERCIAL GENERAL DESIGNATION - SOUTHEAST CORNER OF DEL ROSA AVENUE & EUREKA AVENUE (32) In a memorandum dated September 4, 1991, Council Member Michael Maudsley, stated that the southeast corner of Del Rosa Avenue and Eureka Avenue is designated CN, Commercial Neighborhood, and is developed with a mini-strip center that is primarily vacant. The CG-1, Commercial General designation would permit a wider range of commercial uses than what is permitted under the CN, Commercial Neighborhood designation. Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly, and unanimously carried, that the Mayor and Common Council direct the Planning Division to initiate a General Plan Amendment to consider a CG-l, Commercial General designation for the southeast corner of Del Rosa Avenue and Eureka Avenue. 17 9/16/91 CITY HALL OPEN HOUSE - AUTHORIZE FORMATION OF OPEN HOUSE COMMITTEE - CO-CHAIRED BY COUNCIL MEMBER REILLY & CITY CLERK KRASNEY (33) In a memorandum dated September 5, 1991, Rachel Krasney, City Clerk, requested that the Mayor and Council approve the City Hall Open House concept as outlined in the staff report dated September 5, 1991, and authorize the formation of an Open House Committee to include a representative from each Department. Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley, and unanimously carried, that the Mayor and Common Council approve holding a City Hall Open House, and authorize the formation of an Open House Committee, to be co- chaired by Council Member Reilly and City Clerk Krasney. RECESS MEETING At 10:55 a.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 11:03 a.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 Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, City Clerk Krasney. Absent: City Administrator Clark. RECESS MEETING - CLOSED SESSION At 11:04 a.m., the Mayor and Development Commission recessed following: (1 & R-8) Common Council and Community to closed session for the D. to give instruction to the 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: 701 and 767 North "E" Street, San Bernardino, CA. CLOSED SESSION At 11:04 a.m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, City Clerk Krasney. Absent: City 18 9/16/91 Administrator Clark. Also present: Timothy Steinhaus, Economic Development Agency; and Charles Bond Counsel to the Economic Development Avenue, Suite #400, Woodland Hills, CA. Agency Administrator, Green, Sabo & Green, Agency, 6320 Canoga COUNCIL MEMBER HERNANDEZ EXCUSED At 11:07 a.m., Council Member Hernandez left the closed session. ADJOURN CLOSED SESSION At 11:20 a.m., the closed session adjourned to the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 11:21 a.m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino 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, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, City Clerk Krasney. Absent: City Administrator Clark. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:21 a.m., Chairman Holcomb called the regular meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. J-15 - RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY, AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. (R-4-B) RES. J-16 RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY, AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. (R-4-C) Mayor Holcomb expressed concern that the terms of the loan presented no incentive for the borrower to obtain a commercial loan, and suggested alternative terms for the loan. Ken Henderson, Executive Director, Economic Development Agency/Development Department, explained that the loan had been privately placed; however, when the Bank of America acquired 19 9/16/91 Security Pacific a moratorium on new acquisitions was imposed, which is customary when one company acquires another. In attempting to bring this project to fruition as quickly as possible, staff met with the Galstian Family Trust and recommended this loan agreement. In the event that the Galstian Family Trust were able to secure outside financing, the agreement contains an acceleration clause that would require the Galstian Trust to payoff the Agency. Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam, that said resolutions be adopted. Resolution Nos. J-15 and J-16 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. PATTON PARK PROPERTY - DISCUSS & TAKE POSSIBLE ACTION - COUNCIL MEMBER MILLER (S-2) Council Member Miller stated that a number of phone calls had been received expressing concern relating to the Patton Park property. She explained that a general plan amendment and public hearing would be required if an attempt was made to sell any part of the park land. She stated that west of Sierra Way there are approximately 28 parks, and that east of Sierra Way there are approximately 14 parks. She stated that according to the General Plan, based on current population, the City currently has a deficit in excess of 350 acres of park land, and that even if all of Patton Park were developed into park land, a deficit would still remain. She explained that there are currently three large parks: perris Hill Park, Seccombe Lake Park and Patton Park. She stated that perris Hill Park contains less than 25 acres in green space, Seccombe Lake Park contains only 42 acres of green space, which leaves Patton Park as the only possibility for a large regional park of 50 acres or more for the future. Mayor Holcomb explained that the City was seeking only to enable the sale of part of the land; however, he stated that he did not want to sell the land and expressed concern regarding building a park on valuable commercial land. There was no action taken on this item. RECESS MEETING At 12:21 p.m., Council Member Reilly made a motion, seconded by Council Member Estrada, that the regular meeting of the Mayor and Common Council recess to a luncheon workshop in the Management Information Center (MIC) Room, Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California, for discussion relating to the preparation of bond documents for the sale and refinancing of City Hall. 20 9/16/91 The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Minor, Pope-Ludlam. Council Members Maudsley, Miller. Absent: None. Council Nays: RECONVENE MEETING - LUNCHEON WORKSHOP At 12:44 p.m., the regular meeting of the Mayor and Common Council reconvened in the Management Information Center, (MIC) Room, Sixth Floor, 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, Maudsley, Minor, Miller; Senior Assistant City Attorney Barlow, City Clerk Krasney, City Administrator Clark. Absent: Council Members Hernandez, Pope-Ludlam; City Attorney Penman. Also present: Timothy Steinhaus, Agency Administrator, Economic Development Agency; Andrew Green, Director of Finance; Fred Wilson, Assistant City Administrator; Timothy Sabo, Sabo & Green, Bond Counsel to the Economic Development Agency, 6320 Canoga Avenue, Suite #400, Woodland Hills, CA; Jim Iverson, Bond Consul tant to the Economic Development Agency, Miller & Schroeder, 505 Lomas Santa Fe Drive, Solano Beach, CA. TAX ALLOCATION REFUNDING BONDS, 1991 SERIES A - CENTRAL CITY PROJECTS (R-6-A & C) In a memorandum dated September 12, 1991, Timothy Steinhaus, Agency Administrator, Economic Development Agency, stated that the City and Redevelopment Agency of the City of San Bernardino, and the San Bernardino Joint Powers Financing Authority are seeking approval for the San Bernardino Joint Financing Authority to issue $27,930,000 in San Bernardino Joint Powers Financing Authority, Tax Allocation Refunding Bonds, 1991 Series A, (Central City Merged Project). COUNCIL MEMBER MILLER EXCUSED At 1:41 p.m., Council Member Miller left the Council meeting. It is proposed that the Bonds will be issued to enable the San Bernardino Joint Powers Financing Authority to make a loan to the Redevelopment Agency to be used to refund in advance the $21,000,000 Redevelopment Agency of the City of San Bernardino, Central City Redevelopment Project, Tax Allocation Refunding Bonds, Issue of 1985 (the "1985 Refunded Bonds"); and, in part, to fund the Redevelopment Agency's Low and Moderate Income Housing Fund relating to the Central City Merged Redevelopment Project Area. 21 9/16/91 COUNCIL MEMBER ESTRADA EXCUSED At 1:53 p.m., Council Member Estrada left the Council meeting. Due to the lack of a quorum, the Council, acting as a committee, discussed the tax allocation refunding bonds, 1991 Series A, Central City projects. Jim Iverson, Bond Consultant to the Economic Development Agency, Miller & Schroeder, 505 Lomas Santa Fe Drive, Solano Beach, CA, distributed a handout entitled "Alternatives for Refunding Bonds for Central City" which presented details on the five options available: 1) 2) 3) 4) 5) no refunding, no new money; refunding only ($22,000,000 refunding issues);, refunding and new money as one issue of $28,000,000 ($5.2 million = net new money); refunding and new money as subordinate issue ($4.8 million = net new money); and refunding and new money as subordinate taxable issue ($4.0 million = net new money). Discussion ensued regarding the advantages and disadvantages inherent in each proposed option. There was no action taken on this item during this luncheon workshop. PREPARATION - BOND DOCUMENTS - SALE & REFINANCING OF CITY HALL (R-7-A, B & C) Timothy Steinhaus, Agency Administrator, Economic Development Agency, distributed a handout entitled "City Hall Lease, 25-year amortization" which presented details on the following: Sources and Uses, Debt Service Schedule, Yield Statistics, and Sinking Fund Payments. Timothy Sabo, Sabo & Green, Bond Counsel to the Economic Development Agency, 6320 Canoga Avenue, Suite #400, Woodland Hills, CA, made a presentation on the details, advantages and disadvantages of the proposed City Hall refinancing plan. Mayor Holcomb recommended that the discussion relating to the preparation of bond documents for the sale and refinancing of the City Hall building, be continued to October 7, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECESS MEETING At 1:54 p.m., the luncheon workshop recessed to the regular meeting of the Mayor and Common Council of the City of San 22 9/16/91 Bernardino, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:05 p.m., Mayor Holcomb called the regular meeting of the Mayor and Common Council to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam; City Attorney Penman, City Clerk Krasney. Absent: Council Members Estrada, Miller; City Administrator Clark. APPEAL - APPROVAL OF TENTATIVE TRACT NO. 14352 - TO SUBDIVIDE 24.3 ACRES INTO SINGLE FAMILY LOTS (34) This is the time and place set for an appeal of the Planning Commission's approval of Tentative Tract No. 14352, to subdivide 24.3 acres into sixty-nine single-family lots in an area designated by the General Plan as RL, Residential Low. The appeal filed by William R. Kruger requests that the Mayor and Common Council reevaluate the road alignment of the tentative tract, located at the northeast corner of Palm Avenue and Verdemont Drive, to resolve a potential impact with his property. In a memorandum dated September 5, 1991, Larry Reed, Assistant Director, Planning and Building Services, stated that on August 6, 1991, the Planning Commission held a public hearing on Tentative Tract No. 14352. At the public Surveying, Bonadiman project. hearing, Joseph Mapalo, & Associates, spoke in Vice President, support of the William Kruger, appellant, 6920 Palm Avenue, San Bernardino, CA, spoke in opposition to the tentative tract. Mr. Kruger expressed concern that Huntington Drive as proposed, would allow headlights to shine into his house, that the increased traffic may be in conflict with his existing driveway, and that a more logical design would be to realign the roadway to the south to reduce the conflict. Mr. Howell Estes and Mr. Robert Reynolds, property owners in the area of the tentative tract, also voiced opposition to the tentative tract. On August 15, 1991, an appeal of the Planning Commission's decision of approval of the tentative tract was received from William Kruger. The basis for the appeal was that with a minor road alignment, future area-wide circulation could be enhanced and would not impact his property. Also included with the appeal was a possible reconfiguration, which results in a net loss of 23 9/16/91 one lot, while potentially increasing the lot size of four other lots. COUNCIL MEMBER MILLER RETURNED At 2:07 p.m., Council Member Miller returned to the Council meeting and took her place at the council table. Mayor Holcomb opened the hearing. Al Boughey, Director, Planning and Building Services, explained that two issues have developed since the posting of the agenda: 1) that the City Attorney's office questioned whether the tract, as currently proposed, was consistent with the General Plan; and 2) that he was in receipt of a letter dated September 13, 1991, from Charlyn Archuleta, Project Coordinator, Monnig Development, 501 N. Placentia Avenue, Fullerton, CA, requesting that the City impose a condition on Tentative Tract No. 14352 to require "proportionate fair share" reimbursement for construction costs for the Verdemont storm drain. Staff has requested that the Director of Public Works review the letter from Monnig Development and make a recommendation as to the basis for a fair share agreement. Mr. Boughey requested that discussion be continued for thirty days to allow staff time to research these two issues. COUNCIL MEMBER ESTRADA RETURNED At 2:09 p.m., Council Member Estrada returned to the Council meeting and took her place at the council table. Mr. Joseph Mapalo, Vice President, Surveying, Bonadiman & Associates, 250 South Lena Road, San Bernardino, CA, rejected the redesign, and distributed a handout which presented photographs and details which he felt refuted the reasons for Mr. Kruger's appeal. William Kruger, 6920 Palm Avenue, San Bernardino, CA, explained the reasons why he is opposed to the tentative tract. Council Member Minor made a motion, seconded by Council Member Hernandez, that the appeal for the approval of Tentative Tract No. 14352 be continued to October 21, 1991. A discussion was held Planning staff for review of the tentative tract. regarding referring this item to the options relating to redesign of Council Member Minor made a substitute motion, seconded by Council Member Estrada, and unanimously carried, that the appeal of the approval of Tentative Tract No. 14352 be referred to Planning staff to resolve the questions relating to conforming with the General Plan; to review the options relating to redesign of the tentative tract; to resolve the question of 24 9/16/91 imposing a condition on Tentative Tract No. 14352 to require "proportionate fair share" reimbursement for construction costs for the Verdemont storm drain; and that the appeal be continued to October 21, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. APPEAL - DENIAL OF VARIANCE NO. 91-05 - ERECTION OF 728 SQUARE FEET POLE SIGN - STATE COLLEGE BUSINESS PARK (35) This is the time and place set for an appeal of the Planning Commission's denial of Variance No. 91-05, requesting approval to permit the erection of a 728 square foot, 110 foot high, two-sided pole sign in the State College Business Park. The appeal was filed by Quiel Bros. In a memorandum dated September 3, 1991, Larry Reed, Assistant Director, Planning and Building Services, stated that on August 6, 1991, the Planning Commission held a public hearing on Variance No. 91-05. During the public hearing three individuals spoke in support of the variance, and one individual spoke in opposition to the proposed pole sign. The applicants' request is to permit the erection of a sign that will provide identification for future fast food restaurants, gas stations, and other services related to land uses. Mayor Holcomb opened the hearing. Charles Schultz, Reid & Hellyer, 599 North Arrowhead Avenue, San Bernardino, CA, distributed a handout presenting details on the business park, and stated that he was representing Pro Western Development, the applicant for the variance, and Quiel Bros., who designed the sign and filed the appeal. He stated that several individuals were in attendance today in support of the variance. He explained that the developers plan to attract businesses to the business park, and that there would be less total signage by allowing this pole sign than having a sign located at each individual business. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, to grant the appeal. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Nays: Council Member Hernandez. Absent: None. Council Miller. Discussion ensued regarding the proposed sign, and that the sign would feet below the freeway grade. City Attorney Penman recommended that Condition of Approval #6, on Attachment C, included in the staff report be deleted. height and size of the be approximately 25 to 30 25 9/16/91 Council Member Miller made a substitute motion, seconded by Council Member Pope-Ludlam, that the hearing be closed; and that the Mayor and Common Council uphold the appeal and approve Variance No. 91-05 subject to attached Findings of Facts as listed in Attachment B, and Conditions of Approval as listed in Attachment C, with the provision that Condition of Approval #6 be deleted. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Mauds1ey, Minor, Pope-Ludlam, Miller. Nays: Council Member Hernandez. Absent: None. RES. 91-406 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND AUTHORIZING THE EXECUTION OF DEVELOPMENT AGREEMENT NO. 90-01. (36) Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 91-406 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council meeting. ORD. MC-808 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.06.020, TABLE 06.01- COMMERCIAL AND INDUSTRIAL DISTRICTS LIST OF PERMITTED USES, OF THE SAN BERNARDINO MUNICIPAL CODE (TITLE 19- THE DEVELOPMENT CODE) RELATING TO ALLOWING EDUCATIONAL SERVICES IN THE CO-I, CO-2, IL AND IH LAND USE DESIGNATIONS/ZONES WITH A CONDITIONAL USE PERMIT. Final (37) Council Member Minor made a motion, seconded by Council Member Maudsley, that said ordinance be adopted. Ordinance MC-808 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Reilly. 26 9/16/91 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.02.050, 19.06.020 (TABLE 06.01), 19.06.030 (TABLE 06.03), 19.06.030 (2), 5.82.020 AND 5.82.030 OF THE SAN BERNARDINO MUNICIPAL CODE ALLOWING FOR THE DEVELOPMENT OF SINGLE ROOM OCCUPANCY (SRO) FACILITIES IN THE CG-2 AND CR-2 LAND USE DISTRICTS SUBJECT TO CONDITIONAL USE PERMIT AND BUSINESS PERMIT REVIEW AND APPROVAL; ESTABLISHING SPECIFIC STANDARDS FOR SRO FACILITIES; AND, LIMITING THE MAXIMUM NUMBER OF SRO UNITS BROUGHT INTO SERVICE WITHIN SAN BERNARDINO TO 500 OCCUPANTS. First (S-5) COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council meeting and took his place at the council table. A discussion was held regarding the enforcement of the provisions contained in the Management Plan providing rules and regulations for the operation of SRO's. In a memorandum dated September 12, 1991, City Attorney Penman, explained that the proposed ordinance contained restrictive standards that SRO facilities must conform to, including the management plan requirement. These rigid standards are necessary to avoid difficulties similar to those the City of San Diego had encountered with SRO's. City Attorney Penman recommended that Version A be adopted. He stated that the proposed management plan was excellent, however, he felt that the courts would find it too intrusive and recommended that the management plan be a part of the overall requirements through a conditional use permit (C.U.P.), but not contained in the ordinance which contains criminal penalties for violation. Mr. Penman stated that having the management plan mandated by the conditional use permit would make the management plan enforceable through Code Enforcement. Council Member Pope-Ludlam made a motion, seconded by Council Member Minor, that further reading of the ordinance be waived, that said ordinance Version A be laid over for final adoption; and that the negative declaration be adopted. Discussion ensued regarding opposition to locating SRO facilities on main streets in the downtown area, limiting the maximum number of units, and a potential conflict in the downtown area as attempts are made to enhance the downtown area. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam. Council Members Estrada, Miller. Absent: None. Council Nays: 27 9/16/91 MAYOR HOLCOMB EXCUSED At 3:03 p.m., Mayor Holcomb left the Council meeting and Council Member Estrada assumed the duties of Mayor Pro Tem. CITY ADMINISTRATOR CLARK RETURNED At 3:03 p.m., City Administrator Clark returned to the Council meeting. UTILITY PAYMENT & POSTAL SERVICE CENTER - REPORT ON EVALUATION OF FACILITIES & OPERATIONS (S-4) In a memorandum dated September 12, 1991, Annie Ramos, Director, Parks, Recreation & Community Services, stated that the operation of the Utility Payment and Postal Service Center was transferred from the Treasurer's Office to Parks, Recreation & Community Services in February, 1991. During the ensuing months, security and procedures have been evaluated. In May and June, 1991, the Finance Department performed an audit of the Payment Center to review current procedures for operations, control of funds, and security. The conclusions of the Finance Department's Audit concurred with concerns expressed by the administrative staff of Parks, Recreation and Community Services. Concern was expressed for the security of employees, as the Center is not properly staffed to allow continuous, effective and efficient service to the customers without reducing effectiveness in other administrative areas; and was depicted for the lack of a secure facility. Because of the security inadequacies, and the need for an additional cashier, there are two alternatives: that funds be appropriated to upgrade the security, and hire another cashier, or that operation of the Center be discontinued. Ms. Ramos answered questions relative to the Utility Payment and Postal Service Center. City Administrator Clark stated that another alternative would be for the City to contract with another utility payment center or check cashing facility to pay the per utility stub cost for residents to pay their utility bills at another location. She estimated that the cost for such a contract would be approximately $19,000, less than either option proposed in the staff report and still retaining the service for wests ide residents. A discussion was held regarding the security services employed to guard the building by the Economic Development Agency/Redevelopment Agency. Carl Clemmons, 1940 Baseline, San Bernardino, CA, presented a petition containing approximately 900 signatures in support of keeping the center open. 28 9/16/91 Harry Jacks, 1694 W. Virginia Street, San Bernardino, CA, expressed his support for keeping the center open. Juanita Scott, 1734 Virginia Street, San Bernardino, CA, recommended that Economic Development Agency/Redevelopment Agency monies be used to upgrade security at the facility as the landlord, and that the employee costs could potentially be less than outlined if the employee was not being paid at the top of the salary scale. Discussion ensued regarding the options available to continue operating the center. City Administrator Clark explained that in order to keep the center open, it is necessary to identify the source of funds that would be used. A discussion was held whether it would be possible to fund the second cashier position from Redevelopment funds. Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, to instruct the Economic Development Agency/Redevelopment Agency staff to evaluate and make a recommendation with a cost analysis on means and methods to upgrade the physical security of the building and possible hiring of a security guard; to instruct the Parks, Recreation and Community Services staff to evaluate and make a recommendation with cost analysis on the maximum number of hours a second cashier was needed to provide optimum levels of service; and to continue the operations at the Utility Payment and Postal Service Center, and continue the discussion relating to the evaluation of facilities and operations until October 7, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 14.10 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO AMBULANCE PERMITS. First (S-l) City ordinance continued Attorney Penman requested that discussion on the adding Chapter 14.10 relating to ambulance permits be to October 7, 1991. Council Member Miller made a motion, seconded by Council Member Reilly, and unanimously carried, that said ordinance adding Chapter 14.10 relating to ambulance permits be continued to October 7, 1991, the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 29 9/16/91 RES. 91-407 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LETTER OF ACCEPTANCE WITH GTE CALIFORNIA, INC. , RELATING TO THE UNDERGROUNDING OF UTILITIES ON TWENTY-FIRST STREET, FROM CRESTVIEW TO SAN GABRIEL AVENUE. (S-3) Council Member Reilly made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution Ayes: Council Ludlam, Miller. No. 91-407 was adopted by the following Members Estrada, Reilly, Maudsley, Minor, Nays: Council Member Hernandez. Absent: vote: Pope- None. RES. 91-408 - RESOLUTION OF THE CITY OF SAN BERNARDINO RATIFYING AGREEMENTS WITH CREATIVE COMMUNICATIONS ASSOCIATES, INC., RE: FEASIBILITY STUDY AND FUND- RAISING FOR INLAND EMPIRE TELEVISION NEWS SERVICE. (S-6) Council Member Miller made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution Ayes: Council Miller. Nays: Member Hernandez. No. 91-408 was adopted by Members Estrada, Reilly, Council Member Maudsley. Absent: None. the following vote: Minor, Pope-Ludlam, Abstain: Council RES. J-17 - RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $28,000,000 SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY TAX ALLOCATION REFUNDING BONDS, 1991 SERIES A (CENTRAL CITY MERGED PROJECT), APPROVING THE FORM OF LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS THEREOF. (Discussed earlier in the meeting, see page 21) (R-6-A) RES. 91-409 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE ISSUANCE OF NOT TO EXCEED $28,000,000 SAN BERNARDINO JOINT POWERS AUTHORITY TAX ALLOCATION REFUNDING BONDS, 1991 SERIES A (CENTRAL CITY MERGED PROJECT) AND THE BORROWING BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO OF THE PROCEEDS THEREFROM PURSUANT TO THAT CERTAIN LOAN AGREEMENT. (Discussed earlier in the meeting, see page 21) (R-6-C) Discussion ensued regarding debt service relating to the tax allocation refunding bonds. 30 9/16/91 Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that motions A, and C be approved solely as refunding senior lien tax allocation bonds in an amount not to exceed the principal amount of $23,000,000 and a subordinate lien new money tax allocation bond issue in a not to exceed principal amount of $5,800,000 with the subordinate lien bond documents to be submitted to the Commission for final approval. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Pope-Ludlam, Miller. Nays: Council Member Maudsley. Absent: None. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that said resolutions be adopted. Resolution following vote: Hernandez, Minor, Maudsley. Absent: Nos. J-17 and 91-409 were adopted by the Ayes: Council Members Estrada, Reilly, Pope-Ludlam, Miller. Nays: Council Member None. JOINT POWERS FINANCING AUTHORITY - REGULAR MEETING (13) Council Member Pope-Ludlam made Council Member Miller, and unanimously meeting of the Joint Powers Financing October 2l, 1991. a motion, seconded by carried, that the regular Authority be adjourned to COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez left the council meeting. RECESS MEETING - CLOSED SESSION (1 & R-8) At 4:19 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: D. to give instruction to the 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: 701 and 767 North "E" Street, San Bernardino, California. CLOSED SESSION At 4: 19 p.m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney. Absent: Council Member Hernandez, City Administrator Clark. 31 9/16/91 Also present: Timothy Steinhaus, Agency. Senior Assistant City Attorney Barlow; and Agency Administrator, Economic Development ADJOURN CLOSED SESSION At 4:28 p.m., the closed session adjourned to the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 4:25 p.m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino 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, Maudsley, Minor, Pope-Ludlam, Miller. City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: Council Member Hernandez. ADJOURNMENT. (38) At 4:28 p.m., Mayor Holcomb adjourned the regular meeting of the Mayor and Common Council, to Monday, October 7, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL KRASNEY City Clerk By &;.ifafi<> ~:0 Melanie Vale Deputy City Clerk No. of Items: 48 No. of Hours: 7.25 32 9/16/91