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HomeMy WebLinkAbout11-04-1991 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING NOVEMBER 4, 1991 COUNCIL CHAMBERS The regular meeting of the Mayor and Common Council of the City of San Bernardino convened at 8:30 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; Senior Assistant City Attorney Morillo; City Clerk Krasney; City Administrator Clark. Absent: Council Members Estrada, Pope-Ludlam. RECESS MEETING At 8:30 a.m., the Mayor and Development Commission recessed following: (1) Common Council and Community to closed session for the 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 11/4/91 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: City of San Bernardino vs. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239193; Stubblefield Construction Company. et al vs. Citv 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); Citv of Redlands vs. Inland Vallev Development Aaencv. et al - San Bernardino Superior Court Case No. 255222; Countv vs. City 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; City of San Bernardino vs. Patrick Media/Gannett Outdoor. et al - Riverside Superior Court Case No. 205749; Citv of San Bernardino vs. San Bernardino Steel San Bernardino Superior Court Case No. 261904; 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); Citv of San Bernardino vs. Libertv Cable T.V.. et al- United States District Court Case No. 82-6876 WMB; City of San Bernardino vs. County of San Bernardino. et al- San Bernardino Superior Court Case No. 207900; 2 11/4/91 Maadaleno vs. City of San Bernardino - San Bernardino Superior Court Case No. 248739; Hesterley vs. City of San Bernardino Superior Court Case No. 260468; San Bernardino Brenda Anderson vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 243039. CLOSED SESSION At 8:30 a.m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Holcomb; Council Members Reilly, Hernandez, Maudsley, Miller; City Attorney Penman; City Clerk Krasney; Administrator Clark. Absent: Council Members Estrada, Ludlam. Mayor Minor, City Pope- Also present: Barbara Dillon, Personnel Simmons, Deputy City Attorney; Richard Morillo, City Attorney; J. Lorraine Velarde, Executive Mayor; Barbara Skropos, Deputy City Attorney. Director; Robert Senior Assistant Assistant to the COUNCIL MEMBER ESTRADA ARRIVED Council Member Estrada arrived at the closed session. COUNCIL MEMBER POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the closed session. 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 Commission agendas while the Council was in closed session. PERSONNEL DIRECTOR DILLON EXCUSED Barbara Dillon, Personnel Director, left the closed session. DEPUTY Robert session. CITY ATTORNEY SIMMONS EXCUSED Simmons, Deputy City Attorney, left the closed SENIOR ASSISTANT Richard Morillo, closed session. CITY ATTORNEY MORILLO EXCUSED Senior Assistant City Attorney, left the 3 11/4/91 ADJOURN CLOSED SESSION At 9:20 a.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino, California. RECONVENE MEETING At 9:30 a.m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant City Attorney Morillo, City Clerk Krasney, City Administrator Clark. Absent: None. INVOCATION Invocation was given by Pastor Gary Neilan, Calvary Baptist Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Hernandez. ANNOUNCEMENT BY COUNCIL MEMBER HERNANDEZ- TRANSPORTATION OF HOMELESS TO SHELTERS WITHIN THE CITY (2) Council Member Hernandez announced that the Federal Government has required the local armory reopened for the purposes of providing shelter for the homeless. Council Member Hernandez suggested that staff be directed to come up with a program to provide transportation for the homeless to the shelter. ANNOUNCEMENT BY COUNCIL MEMBER REILLY LIBRARY CENTENNIAL BOOK REPORT- (2) Council Member Reilly gave a report on his favorite book entitled "Why England Slept" by J. F. Kennedy. PUBLIC COMMENTS - TERESA MC DANIELS (3) Teresa Mc Daniels, 1695 W. 28th Street, San Bernardino, CA, presented a petition by homeowners and tenants who have requested the City to acknowledge and take action to resolve the sewer problems in the area of Macy and Blake Streets. 4 11/4/91 J. Lorraine Velarde, Executive Assistant to the Mayor, indicated that a report would be forthcoming on this matter. She stated that the described area is an unincorporated area of the City and that Supervisor Bob Hammock has been meeting with the City to resolve this problem. RESOLUTION COMMENDING - MYRTLE ROSS - BLACK CULTURE FOUNDATION HUMANITARIAN OF THE YEAR AWARD (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending Myrtle Ross, recipient of the Black Culture Foundation Humanitarian of the Year Award. Mrs. Ross was recognized for her outstanding contributions and service to the Frazee Community Center. Mrs. Myrtle Ross accepted the resolution. PROCLAMATION - THE MONTH OF NOVEMBER, 1991 - NATIONAL HOSPICE MONTH - SAINT BERNARDINE MEDICAL CENTER (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclaiming designating the month of November, 1991, as National Hospice Month. Ms. Shirley O'Connor, Hospice VOlunteer, St. Bernardine Medical Center, accepted the proclamation. PROCLAMATION ARROWHEAD UNITED WAY BUSINESS NOVEMBER 14, 1991 BLITZ (4) DAY- J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring November 14, 1991 as Arrowhead United Way Business Blitz Day. Frank Snedeker, President and Chief Professional Officer, accepted the proclamation. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. PRESENTATION MENTORING PROGRAM AT RAMONA ALESSANDRO SCHOOL - JOHN KRAMER (4) John Kramer, Superintendent of Recreation, reported on the progress of the mentoring program at Ramona Alessandro School. He stated that the program is designed to match an adult with a child to assist with reading skills. Mr. Kramer acknowledged several City employees who have volunteered an hour of their time each week to the program. 5 11/4/91 APPOINTMENT - POLICE COMMISSION - DANIEL TORRES, JR.(4) In a memorandum dated November 1, 1991, Mayor Holcomb, requested the appointment of Daniel Martin Torres, Jr., 972 Scenic Drive, San Bernardino, CA, to the Police Commission. Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that the appointment of Daniel Martin Torres, Jr. to the Police Commission be approved. WAIVE READING OF RESOLUTIONS AND ORDINANCES (5) Council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas be waived. ESTABLISHMENT OF SALARIES - FIRE DEPARTMENT (7) In a memorandum dated October 23, 1991, Barbara Dillon, Personnel Director, requested the establishment of salaries for Fire Department Ranges, P-1 (Fire Fighter); P-2 (Fire Investigator); P-3 (Fire Engineer); P-4 (Fire Captain) and Fire Fighter Trainee, effective August 1, 1991. She reported that staff has reached an agreement with the representatives of Fire Local 891 on the ten cities whose salaries would be averaged to determine this year's salaries for the Fire Department. Council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that the salaries for Fire Department Ranges P-1, (Fire Fighter); P-2 (Fire Investigator); P-3 (Fire Engineer); P-4 (Fire Captain) and Fire Fighter Trainee be established, effective August 1, 1991, as outlined in the attached staff report. Council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Personnel Department prepare an amendment to Resolution No. 6429 and Resolution 6413, Section 13. VACATION MAGNOLIA APPROVAL - PORTION OF IRVINGTON AVENUE, WESTERLY OF AVENUE - AUTHORIZATION TO PROCEED AND PLAN (10) In a memorandum dated October 21, 1991, Roger Hardgrave, Director, Public Works/City Engineer, requested authorization to proceed with the plan approval for the proposed vacation of a portion of Irvington Avenue lying westerly of Magnolia Avenue, excluding the intersection of Little League Drive and Irvington Avenue. He stated that Irvington Avenue was considered a "paper" 6 11/4/91 street and there are no plans to extend the street. Vacation of the Irvington Avenue right-of-way would reduce liability to the City. Council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the proposed vacation of that portion of Irvington Avenue lying westerly of Magnolia Avenue, with the exception of the intersection of Little League Drive and Irvington Avenue. Council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that Plan No. 8601, showing the proposed vacation of a portion of Irvington Avenue lying westerly of Magnolia Avenue, excluding the intersection of Little League Drive and Irvington Avenue, be approved. VACATION NORTH/SOUTH ALLEY, WEST OF "E" BETWEEN MAGNOLIA AVENUE AND EVANS AUTHORIZATION TO PROCEED AND PLAN APPROVAL STREET, STREET- (11) In a memorandum dated October 21, 1991, Roger Hardgrave, Director of Public Works/City Engineer, stated that a request was received from property owners to vacate a portion of the north/ south alley lying west of "E" Street between Magnolia Avenue and Evans Street. This vacation would provide off-street parking for the residents of the apartment building at 1542 North "E" Street; and would also cut down on the problems of loitering, littering and vandalism occurring in the alley. Council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the proposed vacation of a portion of the north/south alley, west of "E" Street, between Magnolia Avenue and Evans Street. Council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that Plan No. 8600, showing the proposed vacation of a portion of the north/south alley, west of "E" Street, between Magnolia Avenue and Evans Street, be approved. VACATION - NORTH/SOUTH ALLEY, BETWEEN 14TH STREET AND MAGNOLIA AVENUE, WEST OF "E" STREET - AUTHORIZATION TO PROCEED AND PLAN APPROVAL (12) In a memorandum dated October 21, 1991, Roger Hardgrave, Director of Public Works/City Engineer, stated that a request was received from Cook's Upholstery Supplies to vacate the northerly portion of the north/south alley, between 14th Street and Magnolia Avenue, west of "E" Street. This vacation would help 7 11/4/91 alleviate occurrences of vandalism, graffiti and theft. Mrs. Cook proposes to fence the portion of the alley bisecting her property to provide better security and additional off-street parking for customers who woul normally park on "E" Street. Council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the proposed vacation of a portion of the north/south alley between 14th Street and Magnolia Avenue, west of "E" Street. Council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that Plan No. 7950, showing the proposed vacation of a portion of the north/south alley between 14th Street and Magnolia Avenue, west of "E" Street, be approved. EXPANSION OF BOUNDARIES - ASSESSMENT DISTRICT NO. 953 - 16TH AND MEDICAL CENTER DRIVE AREA LANDSCAPE MAINTENANCE DISTRICT - AUTHORIZATION TO PROCEED (l3) In a memorandum dated October 14, 1991, Roger Hardgrave, Director of Public Works/City Engineer, requested authorization to proceed with the expansion of boundaries for Assessment District No. 953 for maintenance of landscaping along 16th Street and California Street which borders Tract No. 13822. This subdivision adjoins the boundaries of AD 953 already established. Council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that the City Engineer and City Clerk be authorized to initiate proceedings for the expansion of boundaries of Assessment District No. 953 (16th Street and Medical Center Drive Area Landscape Maintenance District) under the provisions of Chapter 12.90 of the San Bernardino Municipal Code and Section 3113 of the Streets and Highways Code of the State of California. CLAIMS AND PAYROLL (14) Council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated October 29, 1991, from the Director of Finance, be approved. 8 11/4/91 PERSONNEL ACTIONS (15) Council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated October 25, 1991, in accordance with all administrative regulations of the City of San Bernardino, be approved. RES. 91-441 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY SERVICE AREA 38 AND IMPROVEMENT ZONES G AND L OF COUNTY SERVICE AREA 38 FOR FIRE PROTECTION, EMERGENCY MEDICAL AND RELATED SERVICES AND REPEALING RESOLUTION NO. 91-267. (16) RES. 91-442 - RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES (ABANDONED VEHICLES) ON SAID PROPERTIES AND AMENDING RESOLUTIONS NO. 90-435 AND 91-240. (17) RES. 91-443 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF FINANCE TO SUBMIT A CLAIM OF $82,500 FOR SB-325 FUNDS FOR CONSTRUCTION OF LOCAL STREETS AND ROADS FOR THE 1991-92 FISCAL YEAR. (18) RES. 91-444 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO THE LEASE AGREEMENT WITH STERLING PLACE PARTNERS FOR A LEASE OF CERTAIN REAL PROPERTY KNOWN AS THE POLICE COMMUNITY SERVICE OFFICE FOR AREA "E" TO EXTEND THE TERM OF THE AGREEMENT FOR A PERIOD OF TWO YEARS. (19) RES. 91-445 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING THE SOURCE REDUCTION AND RECYCLING PLANNING AGREEMENT MEMORANDUM OF UNDERSTANDING ALLOWING THE CITY OF RIALTO TO AMEND THE PROFESSIONAL SERVICES CONTRACT WITH EMCON ASSOCIATES TO COVER ADDITIONAL SERVICES REQUIRED BY THE EAST VALLEY COALITION AND TO MEET THE REQUIREMENTS OF STATE LAW. (20) RES. 91-446 - RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING ANNEXATION NO. 353 (LAFCO 2684) FOR THE TERRITORY GENERALLY LOCATED ON THE NORTHEAST CORNER OF HIGHLAND AVENUE AND WATERMAN AVENUE (MT. VIEW CEMETERY) AND DETACHMENT FROM CSA 38, CSA 38 ZONE G, CSA 38 ZONE L, CSA 70, CSA 70 ZONE A. (22) 9 11/4/91 RES. 91-447 - RESOLUTION OF THE CITY OF SAN BERNARDINO VACATING AND QUITCLAIMING THAT CERTAIN PUBLIC SERVICE EASEMENT FOR SEWER PURPOSES LOCATED NORTH OF ORANGE SHOW ROAD BETWEEN "E" STREET AND ARROWHEAD AVENUE, IN SAN BERNARDINO, TO THE OWNERS NOW OF RECORD. (23) RES. 91-448 - RESOLUTION OF THE CITY OF SAN BERNARDINO WAIVING THE MANDATED NINETY (90) DAY NOTIFICATION PERIOD RELATIVE TO RELINQUISHMENT OF STATE ROUTE 206 (KENDALL DRIVE), BY THE CALIFORNIA TRANSPORTATION COMMISSION. (24) RES. 91-449 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A BOUNDARY FOR A PORTION OF THE SOUTH SIDE OF 40TH STREET, WEST OF ACRE LANE, AND DEDICATION OF SAME FOR STREET AND HIGHWAY PURPOSES. (25) Council Member Miller made a motion, seconded by Council Member Hernandez, that said resolutions be adopted. Resolution Nos. 91-441, 91-442, 91-443, 91-444, 91-445, 91- 446, 91-447, 91-448, and 91-449 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Miller. Nays: None. Absent: Council Member Pope- Ludlam. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING PARAGRAPH C TO SUBSECTION 19.20.030, ITEM 18, SETTING FORTH SPECIAL FEE AREAS DESIGNATED BY A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO. (This ordinance was reconsidered later in the meeting and continued to January 6, 1992) (See page 21) (26) ORD. MC-811 AN ORDINANCE OF THE CITY BERNARDINO AMENDING SECTION 10.24.200 OF BERNARDINO MUNICIPAL CODE EXEMPTING POLICE FROM CERTAIN TRAFFIC RESTRICTIONS IN CITY LOTS. Final OF SAN THE SAN OFFICERS PARKING (27) ORD. MC-812 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.22.06 (K) AND ADDING SECTION 19.22.080(3) TO THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) ALLOWING OFF-SITE SIGNS ON PUBLIC PROPERTY IF THERE IS AN APPROVED LICENSING AGREEMENT WITH THE CITY. Final (28) Council Member Miller made a motion, seconded by Council Member Hernandez, that said ordinances be adopted. 10 11/4/91 Ordinances MC-811 and MC-812 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Miller. Nays: None. 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. SET PUBLIC HEARING CONTROL FEES ESTABLISHING CERTAIN ANIMAL (6) In a memorandum dated October 14, 1991, Deborah Biggs, Director of Animal Control, recommended re-establishing certain revenue generating fees that were deleted two years ago. The additions include altered vs. unaltered apprehension fees; after business hours apprehension fees; owner release fees; quarantine board fees and other animal related fees. Council Member Estrada made a motion, seconded by Council Member Miller, and unanimously carried, that the matter of setting a public hearing for establishing certain animal control fees be continued to December 2, 1991, in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. INTERCONNECT TRAFFIC SIGNALS - MT. VERNON AVENUE FROM FIFTH STREET TO BASELINE STREET - APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS (8) In a memorandum dated October 24, 1991, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans, specifications and estimate for interconnecting traffic signals on Mt. Vernon Avenue, from Fifth Street to Baseline Street, have been prepared and the project is ready to be advertised for bids. The project consists of installing an interconnect cable and Type 170 traffic signal controllers, in order to provide progressive traffic flow. The total estimated project cost is $186,500. Roger Hardgrave, Director answered questions regarding $4,000,000 to the City to finance of Public Works/City Engineer, SANBAG's proposal to advance the costs for this project. Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that the plans for interconnecting the traffic signals on Mt. Vernon Avenue, from Fifth Street to Baseline Street, in accordance with Plan No. 8135, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. 11 11/4/91 INTERCONNECT TRAFFIC SIGNALS HIGHLAND AVENUE VALENCIA AVENUE TO GOLDEN AVENUE - APPROVAL OF AND AUTHORIZATION TO ADVERTISE FOR BIDS FROM PLANS (9) In a memorandum dated October 24, 1991, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans, specifications and estimate for interconnecting the traffic signals on Highland Avenue, from Valencia Avenue to Golden Avenue, have been prepared and the project is ready to be advertised for bids. SANBAG has approved $210,000 in Federal-Aid Urban funds to finance the costs for this project. Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding the combined total costs for interconnecting the traffic signals; and explained the selection process to fund projects that have been designated for Federal- Aid Urban funds. Council Member Estrada made a motion, seconded by Council Member Hernandez, and unanimously carried, that the plans for interconnecting the traffic signals on Highland Avenue, from Valencia Avenue to Golden Avenue, in accordance with Plan No. 8125, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. RES. 91-450 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO THE MATICH CORPORATION FOR STREET IMPROVEMENTS ON BELMONT AVENUE, FROM LITTLE LEAGUE DRIVE TO PINE AVENUE. (21) A discussion ensued regarding the reimbursement of funds to developers for installing the street improvements and the legalities of using bond proceeds for this project. A member of the Council requested a legal opinion from bond counsel regarding use of bond proceeds for street repairs. Council Member Hernandez made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 91-450 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. STREET/ALLEY VACATION AND PROTEST HEARING - ALLEY, EAST OF SIERRA WAY, BETWEEN 42ND 44TH STREET NORTH/SOUTH STREET AND (29) In a memorandum dated October 14, 1991, Roger Hardgrave, Director of Public Works/City Engineer, stated that a request was received from Don Popovich, owner, Arrowhead Home, Inc., for the vacation of a portion of the north/south alley, east of Sierra 12 11/4/91 Way, between 42nd Street and 44th Street. of the north/south alley would protect traffic through the alley, and would cut dumping, and loitering. The proposed vacation residents from motor down on illegal trash RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF THAT CERTAIN NORTH/SOUTH ALLEY, EAST OF SIERRA WAY, BETWEEN 42ND STREET AND 44TH STREET, IN THE CITY OF SAN BERNARDINO AND RESERVING AN EASEMENT FOR SANITARY SEWER AND APPURTENANT FACILITIES AND PUBLIC UTILITY EASEMENTS THEREIN. (29) Mayor Holcomb opened the hearing. Edward Thompson, 125 E. 54th Street, San Bernardino, CA, distributed a copy to the Mayor and Council of the plot map showing a revised version of the proposed vacation. Mr. Thompson opposed the vacation and requested that the City guarantee access to the alley for use by tenants living in the Northpark Apartments. Jay Simpson Manor, spoke in expressed concern fire. of Laguna Beach, CA, owner of the Sepulveda opposition to the proposed vacation. He regarding access to the alley in the event of a At the consensus of the Council, Roger Hardgrave, Director of Public Works/City Engineer, was directed to meet with the protesters to resolve their concerns and bring this matter back in the afternoon session of the Council meeting. (See page 16). ORAL REPORT - INLAND VALLEY DEVELOPMENT AGENCY BOARD RETREAT - CONTINUED FROM OCTOBER 21, 1991 (33) This is the time and place continued to hear a report from Council Member Estrada on the Inland Valley Development Agency Board Retreat. Council Member Estrada stated that the matter concerning the powers and authority of the Inland Valley Development Agency Board members and the two co-chairs has been postponed until the first of the next year. No action was taken. REQUEST FOR FEE WAIVERS GREAT AMERICAN SMOKE OUT - CANCER SOCIETY AND FINANCIAL ASSISTANCE NOVEMBER 21, 1991 - AMERICAN (S-l) In a memorandum dated October 30, 1991, Shauna Clark, City Administrator, stated that the American Cancer Society has requested a waiver of fees in the amount of $1,217 associated 13 11/4/91 with the "Annual Great American Smokeout" on November 21, 1991. The fees would include police personnel, vehicles and equipment; street sweeper/operator; park permit fees; and equipment rental. In addition, the American Cancer Society has requested financial support in the amount of $500 to help defray other program costs. In a letter dated October 2, 1991, Sue S. Wong, M.P.H., Chair, Great American Smoke out Committee, stated that the Committee has planned a requiem, modeled in the "New Orleans" style, symbolizing the death of a cigarette. The funeral procession would start at City Hall and end at Seccombe Lake Park where a eulogy and proclamations from the City and neighboring cities would be highlighted. Ms. Wong requested a waiver of the costs for the Great American Smokeout observance on November 21, 1991. Joe Marquez, Inland Counties Health Systems, stated that since donations have been received, the request for financial assistance from the City in the amount of $500.00 to defray program costs is no longer necessary. Beverly Jones Wright, Coordinator, urged the City to support the event. Discussion ensued regarding use of police volunteers, instead of uniform police officers, to assist with the parade. Council Member Minor explained Committee recommended denial of the request for waiver of fees. why the American Ways and Means Cancer Society's Mayor Holcomb requested that the City Attorney research to determine if a permit is needed for the New Orleans style funeral procession. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, that the waiver of fees in the amount of $1,217 to assist in the conduct of the Great American Smokeout on November 21, 1991, by the American Cancer Society, be approved. Council Member Estrada made a substitute motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the request for a waiver of fees in the amount of $1,217 to assist in the conduct of the Great American Smokeout on November 21, 1991, by the American Cancer Society be approved; and if the applicant agrees to clean up the streets and Seccombe Lake Park, Mayor Holcomb will try to arrange for police volunteer assistance and pay any out of pocket expenses to the City. 14 11/4/91 RES. 91-451 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION RELATING TO CONSTRUCTION OF A TEMPORARY CONNECTION FROM EXISTING ROUTE 330 TO THE FUTURE HIGHLAND/BOULDER AVENUES INTERSECTION. (8-2) Discussion ensued regarding bond proceeds being used to finance the basic street improvements on Highland Avenue (State Route 30/330). Council Member Maudsley made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 91-451 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Abstain: Council Member Estrada. Absent: None. RES. 91-452 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO BRUTOCO ENGINEERING & CONSTRUCTION, INC. FOR WIDENING OF "E" STREET BRIDGE OVER THE SANTA ANA RIVER. (5-3) Council Member Hernandez made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 91-452 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. MEMORANDUM OF UNDERSTANDING WITH SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT - WESTSIDE PLAZA (8-4) In a memorandum dated October 31, 1991, Mayor Holcomb requested authorization to discuss and take possible action on the memorandum of understanding with the San Bernardino City Unified School District relative to the Westside Plaza project. Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that any discussion regarding the memorandum of understanding with the San Bernardino City Unified School District relative to the Westside Plaza, be continued to November 18, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INCREASE POLICE RESERVES UNIT FROM 65 TO 130 (8-5) In a memorandum dated October 30, 1991, Mayor Holcomb recommended an increase in the number of police reserves from 65 to 130 personnel. The San Bernardino Police Department needs additional reserve officers to provide primary support to patrol. 15 11/4/91 Due to the high number of calls for service, reserve officers are requested for special assignments to supplement regular officers. Council Member Maudsley made a motion, seconded by Council Member Reilly, and unanimously carried, that the proposal to increase the police reserves unit from 65 to 130 personnel be referred to the Ways and Means Committee. PROTEST HEARING - STREET/ALLEY VACATION - NORTH/SOUTH ALLEY, EAST OF SIERRA WAY, BETWEEN 42ND STREET AND 44TH STREET - CONTINUED FROM EARLIER IN THE MEETING. SEE PAGE 13 (29) This is the time and place continued to from earlier in the meeting to consider the vacation of the north/south alley, east of Sierra Way, between 42nd Street and 44th Street. RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF THAT CERTAIN NORTH/SOUTH ALLEY, EAST OF SIERRA WAY, BETWEEN 42ND STREET AND 44TH STREET, IN THE CITY OF SAN BERNARDINO AND RESERVING AN EASEMENT FOR SANITARY SEWER AND APPURTENANT FACILITIES AND PUBLIC UTILITY EASEMENTS THEREIN. (29) Roger Hardgrave, Director of Public Works/City Engineer, stated that an agreement has been reached between the protesters and the City; and a revised version of the map for the proposed vacation has been agreed upon. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the hearing be closed; and that the resolution be referred back to the Department of Public Works to revise the legal description of the property to be vacated. DISCUSS AND TAKE POSSIBLE ACTION COUNCIL MEMBER POPE-LUDLAM DANNY'S TOWING- (5-6) City Administrator Clark stated that this item has been discussed at the staff level and with the Franchise Bureau. She requested that since the Franchise Bureau has not held its final hearing, that this matter be referred back to staff rather than discussing it here today. Council Member Pope-Ludlam explained that the matter of Danny's Towing being placed on the police rotation list has been discussed by staff and the Franchise Bureau on several occasions with no results. Mr. Alcarez, dba Danny's Towing, is still waiting to find out if he would be placed on the police rotation list. 16 11/4/91 City Administrator Clark explained that according to the City's Municipal Code, the Franchise Bureau has the authority to decide who is to be placed on the police rotation list for towing service. City Clerk Krasney stated that the Franchise Board has deferred taking action on this matter until the applicant meets the conditional use permit requirements that have been indicated by the Department of Planning and Building Services. City Administrator Clark stated that Danny's Towing was given permission to tow abatement vehicles and was told mistakenly by a City department official that Danny's Towing would be placed on the police rotation list, but they never were placed on that list. Since then, Danny's Towing has applied to be placed on the list. Following a review of their application, it was noted that they do not have the proper conditional use permits to operate a towing business at their present location. Gary Patterson, Attorney at Law, 505 N. Arrowhead Ave, Ste. 410, San Bernardino, CA, explained the circumstances which led to the City filing a complaint against Danny's Towing. He stated that the Franchise Bureau has tabled the matter. Mr. Patterson requested an opportunity to appeal before the Mayor and Council. Senior Assistant City Attorney Morillo advised Council that through the right of appeal they testimony regarding the Danny's Towing issue. the Mayor and should allow City Attorney Penman stated that the by the Franchise Board, until such time meet all the requirements of the City police's towing service rotation list. matter has been tabled as Danny's Towing can to be placed on the City Attorney Penman explained that the City filed an action for declaratory relief against Danny's Towing for operating a business without a business license. The Court ruled that Danny's Towing be given a certain amount of time to meet the requirements of the City; and that the City allow the business to operate without a license. The issue of whether or not Danny's Towing could get on the police rotation list was not addressed by the Court. City Administrator Clark stated that there are two sets of requirements that Danny's Towing must comply with; the administrative requirements imposed by the Franchise Board; and the planning requirements established in the Municipal Code. She stated that during the process of reviewing the application, it was discovered that Danny's Towing was operating a tow service without the proper planning requirements and conditional use permits. 17 11/4/91 City Administrator Clark stated that the Franchise Bureau decides on the administrative requirements which deals with owning the proper equipment. The issue is not whether or not Danny's Towing has the proper equipment, but whether or not the City will place them on the police rotation list. The Franchise Bureau has deferred taking further action until Danny's Towing complies with all of the proper planning requirements. Ci ty Attorney Penman answered questions regarding Danny's Towing Service being grandfathered under the old Development Code requirements. City Clerk Krasney clarified that under a prov~s~on in the Municipal Code, the Franchise Board has authority to set up a system to approve towing companies placed on the police rotation list. The application submitted by Mr. Alcarez did not come forth until July 29, 1991. That application was first heard by the Franchise Bureau on August 13, 1991. It was continued for one month to give the Bureau an opportunity to see whether or not Danny's Towing met all of the qualifications. City Administrator Clark answered questions regarding when Danny's Towing Service first applied and received the certificate of occupancy. City Attorney Penman answered questions and stated that there is a Court order that Danny'S Towing be allowed to operate a towing business provided they come into compliance within a certain time period established by the Court. He stated that there is a restraining order in effect that the City cannot go out and close down their business because of non-compliance. The judge felt that there had been an inequitable situation in that the City once placed Danny'S Towing Service on the police rotation list and was later removed from the list because of erroneous information given by a City department official. Mr. Patterson answered questions and stated that Mr. Alcarez has completed approximately 25% of the requirements under the old certificate of occupancy standards. The problem is trying to comply with the new standards imposed by the newly-adopted Development Code. Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, to refer this matter back to the Franchise Board and request that the Board make a decision. Discussion ensued regarding the inequities of the City requ~r~ng Danny's Towing Service to comply wi th certain conditions when there are other towing companies operating in the City that have not been required to meet the same requirements. 18 11/4/91 Council Member Pope-Ludlam withdrew her second. The motion failed for lack of a second. Mr. Patterson answered questions and requested that Mr. Alcarez be allowed to complete the certificate of occupancy process under the old Development Code standards. He stated that the application fees and the requirements imposed by the newly adopted Development Code are very expensive and stringent. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that Danny Alcarez, dba Danny's Towing, be directed to meet with the Community Development Agency and City's legal counsel to seek financial assistance to upgrade the facility and bring into compliance with the City's new Development Code. RECESS MEETING At 11:20 a.m., Mayor Holcomb declared a five minute recess. RECONVENE MEETING At 11:27 a.m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor. Senior Assistant City Attorney Barlow, City Clerk Krasney, City Administrator Clark. Absent: Council Members Estrada, Pope- Ludlam, Miller. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:27 a.m., Chairman Holcomb called the Community Development Commission to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council meeting and took her place at the council table. RES. 91-453 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PROJECT HOME RUN, INC. AND REPEALING RESOLUTION NUMBER 91-292. (R-4) Council Member Maudsley made a motion, seconded by Council Member Reilly, that said resolution be adopted. 19 11/4/91 Resolution Ayes: Council Minor. Nays: Miller. No. 91-453 was adopted by the following vote: Members Estrada, Reilly, Hernandez, Maudsley, None. Absent: Council Members Pope-Ludlam, COUNCIL MEMBERS POPE-LUDLAM AND MILLER RETURNED Council Members Pope-Ludlam and Miller returned to the Council meeting and took their places at the council table. MOBILEHOME PARK INSPECTION AND REHABILITATION PROGRAM (R8-2) In a memorandum dated November 1, 1991, Mayor Holcomb stated that the State of California, under the auspices of the Mobilehome Park Rent Board, provided the City the authority to conduct inspections of mobilehome parks within the City limits to fulfill the City's objective of eliminating blight and improving the quality of life within the mobilehome parks. City inspectors have been directed to cite all mobilehomes in violation of Title 25 of the California Code of Regulations, Chapter 2, entitled "Park Act" of the City Code, with a thirty-day limit provided to the owner in which to correct the problems cited. Discussion ensued regarding the implementation of a provision that requires the mobilehome owner to repay the City for the grant assistance, if the property is sold within a year. Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that the Mayor and Common Council approve, in concept, a Mobilehome Park Inspection and Rehabilitation Program to assist mobilehome park residents to upgrade housing conditions based upon certification of eligibility requirements set forth in the attached staff report and direct staff to submit same to the Housing Committee for its review, consideration and recommendation, as appropriate; and that a provision be added that the resident repay the City if the property is sold within a specified period of time. RECONVENE MEETING At 12:13 p.m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Sr. Assistant City Attorney Barlow, City Clerk Krasney, City Administrator Clark. Absent: None. 20 11/4/91 RECESS MEETING At 12:13 p.m., Mayor Holcomb recessed the regular meeting of the Mayor and Common Council until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:02 p.m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Miller. Deputy City Attorney Empeno, City Clerk Krasney, City Administrator Clark. Absent: Council Member Pope-Ludlam. RECONSIDERATION - ADOPTION OF SPECIAL FEE DESIGNATED AREAS - MEETING. SEE PAGE 10 ORDINANCE SETTING FORTH DISCUSSED EARLIER IN THE (26) Council Member Miller made Member Estrada, and unanimously taken to adopt said ordinance: a motion, carried, seconded by Council to reconsider action ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING PARAGRAPH C TO SUBSECTION 19.20.030, ITEM 18, SETTING FORTH SPECIAL FEE AREAS DESIGNATED BY A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO. (26) Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that said ordinance be continued to January 6, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council meeting. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. REQUEST TO REALIGN THE PROPOSED EXTENSION OF DRIVE ON THE CIRCULATION PLAN. 91-05 A PIEDMONT (34) This is the time and place set for a public hearing on General Plan Amendment No. 91-05, a request to realign the proposed extension of Piedmont Drive on the circulation plan. This request was made by Dave Mlynarski. In a memorandum dated October 17, 1991, Larry Reed, Assistant Director of Planning and Building Services, stated that the applicant, Dave Mlynarski, Sierra Engineering, 25864 Business Center Drive, Redlands, CA, has requested to realign the proposed 21 11/4/91 extension of Piedmont Drive on the circulation plan from a point approximately 320 feet east/southeast of Seine Avenue to Highland Avenue approximately 1,000 feet west of the northerly termination of Boulder Avenue. Mayor Holcomb opened the hearing. RES. 91-454 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-05 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (34) Council Member Maudsley made a Member Estrada, that the hearing resolution be adopted. motion, seconded by Council be closed; and that said Resolution Ayes: Council Miller. Nays: Ludlam. No. 91-454 was adopted by the following vote: Members Estrada, Hernandez, Maudsley, Minor, None. Absent: Council Members Reilly, Pope- COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council meeting and took his place at the council table. PUBLIC HEARING DEVELOPMENT AGREEMENT NO. 91-02- DEVELOPMENT OF WALMART COMPLEX, NORTH OF HIGHLAND AVENUE AT BOULDER - GATLIN/DOERKEN DEVELOPMENTS (35) This is the time and place set for a public hearing regarding Development Agreement No. 91-02, for development of the Walmart Complex located north of Highland Avenue at Boulder, as requested by the applicant, Gatlin/Doerken Developments. In a memorandum dated October 28, 1991, Al Boughey, Director Planning and Building Services, stated that the applicant, Gatlin/Doerken Developments, requested approval of Development Agreement No. 91-02, to govern the development of a 310,283 + square foot multi-tenant retail shopping center located on 31.05 acres on the north side of Highland Avenue, at the termination of Boulder Avenue, approximately 400 feet east of Denair Avenue in the CG-1, Commercial General land use designation. Mayor Holcomb opened the hearing. RES. 91-455 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, ADOPTING THE MITIGATION MONITORING PROGRAM AND AUTHORIZING THE EXECUTION OF DEVELOPMENT AGREEMENT NO. 91-02. (35) 22 11/4/91 Mark Ostoich, on behalf of Gatlin/Doerken Developments, expressed concern that the operative provisions of the agreement were too long and requested that the terms be reduced from thirty years to five years. Dave Mlynarski, Sierra Engineering, 25864 Business Center Drive, Suite "F", Redlands, CA, presented renderings of the proposed project and thanked the Mayor and Council for approving the development agreement. Council Member Maudsley made a motion, seconded by Council Member Estrada, that the hearing be closed; that said Development Agreement No. 91-02, be amended to include language that if all improvements are not completed in five years the project will not vest, but if all improvements are completed in five years, the project will vest for a total of thirty years; and that said resolution be adopted. Resolution No. 91-455 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Miller. Nays: None. Abstain: Council Member Hernandez. Absent: Council Member Pope-Ludlam. DEPUTY CITY ATTORNEY EMPENO EXCUSED Deputy City Attorney Empeno left the Council meeting and was replaced by Deputy City Attorney Barbara Skropos. APPEAL - BOARD OF BUILDING COMMISSIONERS DECISION TO REHABILITATE STRUCTURES TO MEET ALL BUILDING AND SAFETY CODES LOCATED AT 1095 WEST SPRUCE STREET - MAURICE PETERS - CONTINUED FROM OCTOBER 21, 1991 (30) This is the time and place continued to for an Board of Building Commissioners' decision to structures to meet all building and safety codes located at 1095 West Spruce Street. The appeal Maurice Peters. appeal of the rehabilitate for property was filed by Mayor Holcomb opened the hearing. Al Boughey, Director of Planning and Building Services, provided background information concerning this property, and introduced a letter dated November 4, 1991, from Willdan Associates, Engineers & Planners, 650 Hospitality Lane, Suite 450, San Bernardino, CA. This letter confirmed that the building located at 1095 West Spruce Street is structurally unsound and is subject to structural failure in its present condition. Debra Daniel, Code Enforcement Supervisor, presented to the Mayor and Council photographs which were taken October 29, 1991, illustrating the condition of the property. 23 11/4/91 Charles T. Hindley, Attorney, 4175 E. La Palma Avenue, Anaheim, CA 92806, representing Mr. Peters, presented testimony concerning the status of the property and requested the precise safety violations. Deputy City Attorney Skropos stated that this property has been in violation of the City's Safety Code for quite some time and that the building has been deemed a nuisance and needs to be abated. Discussion ensued regarding the City requiring stringent action concerning this property. Council Member Estrada made a motion, seconded by Council Member Hernandez, that the premises be vacated; that the property be rehabilitated within six months and if the property is not rehabilitated within that period of time then the order of demolition would take place. Maurice Peters stated that the pictures presented to the Council were not a true characterization of the building. Mr. Hindley introduced David Hatfield, a licensed architect, who testified to the structural integrity of the building. Mr. Hatfield stated that the occupants who work in the building were not in any danger as the building was substantially sound. Mr. Hindley also presented pictures to the Mayor and Council and Mr. Hatfield on the condition of the building and requested that these pictures be entered as evidence. Mr. Peters stated that the area surrounding his property has officially been designated as a depressed blighted area. All of the homes and most of the buildings are deteriorated and are below standards and do not meet the City's building codes. Attorney Hindley recommended Peters a certain period of time to are called to his attention by the enter into the building. that the Council give Mr. correct any conditions which City and to permit people to Mayor Holcomb inquired as to how much time Mr. Peters needed to correct the violations. Mr. Hindley stated that the first thing that needs to be done is to have Mr. Peters meet with the proper City officials on what needs to be done to the property. Mr. Hindley stated that a previous inspection conducted by the Planning and Building Services Department revealed that the fluorescent lights should be hung properly and that water leaks in the bathroom should be repaired. Mr. Hindley stated that the 24 11/4/91 engineer's inspection did not find the building structurally unsound. Mr. Hindley announced that regarding the required conditions the property up to City standards. Mr. Hatfield answered questions regarding the authenticity of the pictures presented by City staff and whether or not exposed electrical wiring presents a health and safety hazard. he anticipates Court action imposed by the City to bring Deputy City Attorney Skropos introduced a letter dated October 28, 1991, from David Hatfield entitled, "Waiver and Release & Other Matters" and requested that this document be entered into the record as evidence to reflect the credibility of Mr. Hatfield's testimony. Deputy City Attorney Skropos requested an amendment to the motion to include for the record the letter entitled "Waiver and Release & Other Matters" written by David Hatfield. Council Member Estrada amended her motion, seconded by Council Member Miller, to include in the record the document entitled "Waiver and Release & Other Matters" written by David Hatfield. Mr. Hindley questioned if Willdan and Associates performed other City related services. Al Boughey, Director of Planning and Building Services, answered questions and stated that Willdan and Associates are used for expedient plan checking services. Council Member Estrada restated her motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Council uphold the findings of the Board of Building Commissioners to require the owner to correct the health and safety violations and rehabilitate the structures to meet all building and safety codes; and order the premises to be vacated; and that if the property is not rehabilitated within six months the order of demolition would take place; and further that the document "Waiver of Release and Other Matters" of David Hatfield be entered into the record as testimony. Attorney Skropos suggested that this matter be heard again six months prior to the demolition of the structure to review the progress made by Mr. Peters. Council Member Hernandez made a motion, seconded by Council Member Estrada, that this matter be brought back in six months for Council consideration to assess the progress Mr. Peters has made in correcting the code violations which would be assessed on 25 11/4/91 a separate list immediately upon termination of this if these violations are not corrected, Council determination to proceed with immediate demolition. hearing; and can make a At the consensus of the Council, this matter was continued until later in the meeting so that the City Attorney's staff could prepare an appropriate draft motion. (See page 28) APPEAL - BOARD OF BUILDING COMMISSIONERS FINDINGS TO VACATE TENANTS, REMOVE FENCE AND OTHER DEBRIS - 1098 W. FIFTH STREET - MAURICE PETERS - CONTINUED FROM OCTOBER 21, 1991 (31) This is the time and place continued to consider an appeal of the Board of Building Commissioners' findings to vacate tenants, remove fence and other debris from l098 W. Fifth Street, San Bernardino, California. The appeal was filed by Maurice Peters. Mayor Holcomb opened the hearing. Debra Daniels, Supervisor, Code Compliance, gave background information on this property. Mr. Peters stated that he did not receive notification from the City regarding the alleged violations to this property. Ms. Daniels answered questions regarding notification sent to Mr. Peters requesting that the property be abated. She stated that a certified letter was sent to Mr. Peters informing him of the need to abate the property. Ms. Daniels answered questions and stated that the mobilehome located at the far end of the property has not been inspected to determine if the structure was connected to a sewage system. Ms. Daniels presented current pictures to the Mayor and Council on the condition of the property. Mr. Peters stated that the pictures are not a fair representation of the property as it exists now. He stated that he has been working with the tenants to make improvements to the property to meet the City's requirements. Ms. Daniels answered questions regarding the most recent inspection made to the property located at l098 W. Fifth Street. Mr. Peters answered questions and agreed to give the City permission to reinspect the premises at l098 W. Fifth Street. 26 11/4/91 Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that the hearing be continued for thirty days; that the Planning and Building Services Department be directed to reinspect the premises and provide Mr. Peters with a list of all the City violations with time specified to correct these violations. APPEAL - BOARD OF BUILDING COMMISSIONERS - REIMBURSE CITY $8,071.25 FOR COST OF ABATEMENT - l432-1446 NORTH "G" STREET - JIM JONES - CONTINUED FROM OCTOBER 2l, 1991 (32) This is the time and place continued to consider an appeal of the Board of Building Commissioners' decision to order the owner to reimburse the City $8,07l.25 for the cost of abatement for property located at l432-1446 North "G" Street. The appeal was filed by Jim Jones. Mayor Holcomb opened the hearing. Debra Daniel, Code Enforcement Supervisor, gave background information on this property. Jim Jones, 2069 W. San Bernardino Avenue, #2101, Colton, CA, stated that he had no problems with paying the abatement costs but what he disputes is the number of windows that had been boarded up by the contractor. Mr. Jones presented pictures to the Mayor and Council showing the number of windows that had already been boarded up. Robert Gomez, Interstate Field Service, 4734, N. Grand Avenue, Covina, CA, stated that 102 openings were boarded up. He explained that not only were the windows boarded up, but also air conditioning openings, crawl spaces, inspection holes, and security doors. He stated that because of the wording in the contract, these additional openings were included under the category of windows. Mr. Jones answered questions regarding whether the windows that had been previously boarded up met FHA standards. Debra Daniel, Code Enforcement Supervisor, answered questions regarding whether or not the contractor who performed the board up service for the City notified the property owner prior to boarding up the property. Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that the Mayor and Common Council direct staff to reduce the administrative costs to twenty percent and order the owner to pay the amended costs of the abatement. 27 11/4/91 APPEAL - BOARD OF BUILDING COMMISSIONERS - REHABILITATE STRUCTURES TO MEET ALL BUILDING AND SAFETY CODES - 1095 WEST SPRUCE STREET - MAURICE PETERS - CONTINUED FROM EARLIER IN THE MEETING. SEE PAGE 23 (30) Barbara Skropos, Deputy City Attorney, presented a draft motion regarding the Mayor and Council's action for property located at 1095 W. Spruce Street as discussed earlier in the meeting. Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the property owner is hereby ordered and directed as follows: 1. To immediately vacate the property; 2. To immediately correct all health and safety violations; or To demolish the building on the property within six months of this date; 3. That this hearing be continued to the first Council meeting in May, 1992, for the Council to review the appellant's progress to that date; That the City Department of Planning and Building Services shall provide the appellant a list of health and safety violations within ten days of vacating the premises; and that Mr. Hatfield's letter entitled "Waiver of Release & Other Matters" dated 10/28/91 addressed to the City of San Bernardino shall also be admitted into evidence and incorporated into the record in its entirety. REPORT ON OBSERVATIONS AND EVIDENCE FROM INSPECTION OF PROPERTY AT 3618 HEMLOCK DRIVE - APPEAL OF BOARD OF BUILDING COMMISSIONERS' ORDER TO REQUIRE SOILS AND ENGINEERING REPORTS, PERMITS AND ACCESS TO THE PROPERTY - JANET SUMMERFIELD (S-8) Deputy City Attorney Empeno gave a report on the observations and evidence obtained from the property located at 3618 Hemlock Drive and presented pictures of the grading that has been performed on the premises. No action was taken. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO SUPPORTING THE TAKING INTO TRUST BY THE FEDERAL GOVERNMENT OF CERTAIN PROPERTY FOR THE BENEFIT OF THE SAN MANUEL BAND OF MISSION INDIANS. (New Business) 28 11/4/91 Discussion ensued regarding why the proposed resolution was not presented to the Mayor and Council for consideration in a timely manner. It was pointed out that Governor Pete Wilson needs to take action on this matter by Friday, November 8, 1991. Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously carried, that the matter of supporting the taking into trust by the Federal Government certain property for the San Manuel Band of Mission Indians arose subsequent to the posting of the Council's agenda. City Clerk Krasney read the resolution in its entirety. Council Member Minor made a motion, seconded by Council Member Reilly, to reconsider action taken that the matter arose subsequent to the posting of the agenda. The motion carried by the following vote: Ayes: Members Reilly, Maudsley, Minor, Miller. Nays: Council Estrada, Hernandez. Absent: Council Member Pope-Ludlam. Council Members Council Member Hernandez made a motion, seconded by Council Member Estrada, to call a Special Meeting to discuss the full ramifications of the resolution. Council Member Estrada made a substitute motion, seconded by Council Member Hernandez, and unanimously carried, that the City Clerk be directed to prepare the notification for a Special Council Meeting, Thursday, November 7, 1991, at 9:00 a.m. in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, for the purpose of taking possible action concerning the resolution of support taking into trust by the Federal Government of certain property for the San Manuel Band of Mission Indians. ADJOURNMENT (36) At 4:53 p.m., Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the meeting be adjourned. RACHEL KRASNEY City Clerk ~ /) by /y'la,~ J.P.-cec? Diane Jbries, Deputy City Clerk No. of Items: No. of Hours: 51 6 hrs. 50 min. 29 11/4/91