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HomeMy WebLinkAbout11-18-1991 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING NOVEMBER 18, 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 8:31 a.m., in the Council Chambers of City Hall, 300 North "0" 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 - CLOSED SESSION (1) At 8: 31 a . m., the Mayor and Common Counc il 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 11/18/91 f. to confer with the attorney regarding Ii tigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending Section decide g. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section 54956.9(a) as follows: City of San Bernardino vs. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239193; Stubblefield Construction Company. et al vs. 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. City of San Bernardino. et al- United States District Court Case No. SA 88-461 AHS (RWRx); City of Redlands vs. Inland Valley Development Aaencv. et al - San Bernardino Superior Court Case No. 255222; Countv vs. Citv of San Bernardino (RDA) - 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. City of San Bernardino - San Bernardino Superior Court Case No. 229990; Ci tv of San Bernardino vs. Libertv Cable T. V.. et al- United States District Court Case No. 82-6876 WMB; Citv of San Bernardino vs. Countv of San Bernardino. et al- Riverside Superior Court Case No. 207900; Hesterlev vs. City of San Bernardino Superior Court Case No. 260468; San Bernardino 2 11/18/91 Tomas Armendariz. et al vs. James F. Penman. et al - United States District Court Case No. 91-5757 CMB (WRx); Brenn vs. Hernandez/City of San Bernardino - San Bernardino Superior Court Case No. 263047. CLOSED SESSION At 8:31 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. Absent: Council Members Estrada, Pope-Ludlam; City Administrator Clark. Also present: Senior Assistant City Attorney Morillo, Deputy City Attorney Roth, Deputy City Attorney Simmons, and Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office; Barbara Dillon, Director of Personnel. COUNCIL MEMBER At 8:42 a.m., closed session. POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the CITY ADMINISTRATOR CLARK ARRIVED At 8:44 a.m., City Administrator Clark arrived at the closed session. COUNCIL MEMBER ESTRADA ARRIVED At 8:48 a.m., Council Member Estrada arrived at the closed session. SENIOR ASSISTANT CITY ATTORNEY MORILLO AND DEPUTY CITY ATTORNEY SIMMONS EXCUSED At 8:52 a.m., Senior Assistant City Attorney Morillo and Deputy City Attorney Simmons left the closed session. MARGARET SCROGGIN, ADMINISTRATIVE OPERATIONS SUPERVISOR, CITY ATTORNEY'S OFFICE EXCUSED At 8:55 a.m., Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office, left the closed session. BARBARA DILLON, DIRECTOR OF PERSONNEL EXCUSED At 9:07 a.m., Barbara Dillon, Director of Personnel left the closed session. CITY ADMINISTRATOR CLARK EXCUSED At 9:10 a.m., City Administrator Clark left the closed session. 3 11/18/91 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. ADJOURN CLOSED SESSION At 9:26 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 9:27 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 Deputy City Clerk Vale with the following being present: Mayor Holcomb; Council Members Hernandez, Maudsley, Minor, Miller; City Attorney Penman, Deputy City Clerk Vale, City Administrator Clark. Absent: Council Members Estrada, Reilly, Pope-Ludlam. INVOCATION The invocation was given by Phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The presentation of colors and pledge of allegiance was led by the Junior Police Academy from Lytle Creek Elementary School. COUNCIL MEMBERS RETURNED At 9:31 a.m., Ludlam returned to the council table. ESTRADA, REILLY AND POPE-LUDLAM Council Members Estrada, Reilly and Pope- the Council meeting and took their places at ANNOUNCEMENT COUNCIL MEMBER MILLER OFFENDER COMMUNITY ASSISTANCE PROGRAM JUVENILE (2) Council Member Miller stated that the County Probation Department has established a program for young juvenile offenders on probation. The program trains the youth for ten weeks to work under supervision assisting the elderly with such tasks as yard maintenance and house painting. The program requires that recipients be either physically or financially in need. She urged all interested residents to contact the Probation Department for more information. 4 11/18/91 COMMENDATION ASSISTANCE FIRE ENGINEER BENNETT MEDICAL AID (4) J. Lorraine Velarde, Executive Assistant to the Mayor, stated that on October 11, 1991 Captain Reinhart, City Fire Department, responded to a medical aid call at 1251 W. 26th Street. Upon arrival Captain Reinhart found that City Fire Department Engineer Howard Bennett and another bystander were administering CPR to a man injured in a car accident. Captain Reinhart explained that a citizen who had observed the accident determined that the victim was not breathing. This citizen, knowing that Engineer Bennett was a City Fireman and lived nearby, summoned him. Engineer Bennett responded to the incident and commenced administering CPR. This victim is still alive today due to the actions taken by Engineer Bennett. City Fire commendation. Department Engineer Bennett accepted the COMMENDATION SIGMA CHI CHAPTER - CALIFORNIA STATE CALTRANS - FREEWAY MURALS FRATERNITY IOTA ALPHA UNIVERSITY SAN BERNARDINO- (4) J. Lorraine Velarde, Executive Assistant to the Mayor, stated that Planning and Building Services Department wishes to recognize the efforts of the Sigma Chi Fraternity, Iota Alpha Chapter at California State University, San Bernardino and Caltrans who propose to paint two murals within the Caltrans right-of-way at the I-215 Freeway, University Parkway transition lane. Scott Neirdorf, Sigma Chi California State University, commendation. Fraterni ty, Iota Alpha Chapter, San Bernardino accepted the COMMENDATION - OPTIMIST CLUB - YOUTH APPRECIATION WEEK - NOVEMBER 18 - 22, 1991 (4) J. Lorraine Velarde, Executive Assistant to the Mayor, stated that many youth are concerned, knowledgeable and responsible citizens who deserve recognition for their accomplishments and achievements, and the praise of their elders. Since 1954 Optimist Club International has promoted a program entitled "Youth Appreciation Week". She stated that the City has proclaimed November 18 - 22, 1991 as "Youth Appreciation Week". Pete Corcorvelos, Patton, San Bernardino commendation. San Bernardino Optimist Club and John High School Optimist Club accepted the 5 11/18/91 INNOVATIVE AWARDS PROGRAM - FIRST QUARTER 1991 (4) J. Lorraine Velarde, Executive Assistant to the Mayor, explained that the Innovative Awards Program began in July, 1991. The objectives of the program are: to reward innovations and ideas by City Departments and individual City employees, to promote a work environment for employees to try new ideas, and to encourage cooperative working relationships among City Departments and employees. The following awards are presented for the first quarter: Department Award (Tie) Police Department - The award goes to the Junior Police Academy at Lytle Creek Elementary School which educates children about the criminal justice system with the goal of keeping children off drugs, out of gangs, and helping them to become productive citizens. Police Chief Robbins, Sgt. Jennifer Kaufman, and the members accepted the award. Major Gunter Griebau, Sgt. of the Junior Police Academy Animal Control - The award goes to the Dog Licensing Deposit System which streamlines operations and improves customer service. Debra Biggs, Director of Animal Control and Yoshima Turner, Senior Animal License Clerk, accepted the award. Individual Award Library - The award goes to Sylvia Alva, Junior Librarian, a part time employee. Sylvia's efforts have increased the visibility of the library as a center for community programs, information, learning and recreation. SERVICE PIN AWARD CEREMONY (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of 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. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 9:48 a.m., Council Member Pope-Ludlam left the Council meeting. PUBLIC COMMENTS (3) Jim Lynas, 1160 E. Sonora Street, San Bernardino, 6 11/18/91 California, requested that the item relating to the Federal Government taking property for the benefit of the San Manuel Band of Mission Indians be discussed in open session to allow for public comment. WAIVE FURTHER READING OF RESOLUTIONS AND ORDINANCES (5) Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas be waived. COUNCIL MINUTES (6) Council Member Hernandez made a motion, seconded by Council Member Miller, 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: April 18, 1991, September 16, 1991, and October 7, 1991. CHANGE ORDER NO. THREE EXCAVATION OF UNSUITABLE MATERIAL - INSTALL FABRIC AND CRUSHED ROCK - REDLANDS BOULEVARD AND WATERMAN AVENUE $27,879.04 CONTRACT INCREASE - E.L. YEAGER CONSTRUCTION COMPANY, INC. (7) In a memorandum dated November 5, 1991, Roger Hardgrave, Director of Public Works/City Engineer, stated that project plans require the removal of concrete pavement within the intersection of Redlands Boulevard and Waterman Avenue. After removal of the existing concrete pavement, the subgrade was found to be unsuitable for subgrade for the new pavement. The Soils Engineer recommended that twelve inches of subgrade material be excavated, a geo-grid subgrade stabilizing mat placed and twelve inches of 3/4" crushed rock be installed. Change Order Number Three will increase the contract price by $27,879.04, to a total estimated project cost of $1,523,719.44. Caltrans has agreed to finance 86% of the cost of this change order with Federal Highway Funds. Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that Change Order No. Three to the contract with E. L. Yeager Construction Co., Inc. for pavement rehabilitation on Waterman Avenue, from Redlands Boulevard to Mill Street, in accordance with Plan No. 7679, be approved; to authorize the contractor to excavate unsuitable material, and install fabric and crushed rock, within the intersection of Redlands Boulevard and Waterman Avenue, for an increase in the contract price of $27,879.04; from $1,495,840.40 to $1,523,719.44. 7 11/18/91 PROPOSED ANNEXATION - TERRITORY SOUTH OF 6TH STREET, EAST OF WATERMAN AVENUE - AUTHORIZATION TO PROCEED (8) In a memorandum dated November 6, 1991, Roger Hardgrave, Director of Public Works/City Engineer, stated the City initiated and recently attempted to annex the unincorporated territory east of Waterman Avenue, between 3rd Street and 6th Street. The proposal was defeated by a majority protest of registered voters and a resolution terminating the proceedings was adopted. The two areas submitted under this proposal are owned by the City of Riverside, and represent large areas of the previously attempted proposal. Since the City of Riverside did not indicate any opposition to the proposal, this annexation proposal will proceed as 100% landowner consent. Council Member Hernandez made a motion, seconded by Council Member Miller, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the proposed annexation of portions of the territory located south of 6th Street, east of Waterman Avenue. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Maudsley, Minor, Miller. Nays: Member Hernandez. Absent: Council Member Pope-Ludlam. Council Council CLAIMS AND PAYROLL ( 10) Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that the claims and payroll, and the authorization of issued warrants as listed on the memorandum dated November 12, 1991, from the Director of Finance, be approved. PERSONNEL ACTIONS ( 11) Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated November 4, 1991, in accordance with all administrative regulations of the City of San Bernardino, be approved. JOINT POWERS FINANCING AUTHORITY - REGULAR MEETING (12) Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that the regular meeting of the Joint Powers Financing Authority be adjourned to December 16, 1991. 8 11/18/91 RES. 91-456 RESOLUTION OF THE CITY OF SAN BERNARDINO, CALIFORNIA PROVIDING FOR THE ISSUANCE OF $709,105.38 AGGREGATE PRINCIPAL AMOUNT OF ASSESSMENT DISTRICT NO. 987 (VERDEMONT AREA) LIMITED OBLIGATION IMPROVEMENT BONDS; APPROVING VARIOUS FINANCING DOCUMENTS FOR SAID BONDS; APPROVING THE OFFICIAL STATEMENT FOR SAID BONDS; AND APPROVING THE BOND PURCHASE AGREEMENT. (14) RES. 91-457 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH NIGERIAN ASSOCIATION OF SOUTHERN CALIFORNIA FOR THE PROMOTION OF ARTS AND CULTURE. (15) RES. 91-458 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BALLET FOLKLORICO CULTURAL OF SOUTHERN CALIFORNIA FOR THE PROMOTION OF ARTS AND CULTURE. (16) RES. 91-459 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH INLAND DANCE THEATERS, INC., OF SOUTHERN CALIFORNIA FOR THE PROMOTION OF ARTS AND CULTURE. (17) RES. 91-460 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH INLAND MASTER CHORALE FOR THE PROMOTION OF ARTS AND CULTURE. (18) RES. 91-461 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH NATIONAL COUNCIL OF NEGRO WOMEN, INC., OF SOUTHERN CALIFORNIA FOR THE PROMOTION OF ARTS AND CULTURE. (19) RES. 91-462 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JUNIOR UNIVERSITY, INC., OF SOUTHERN CALIFORNIA FOR THE PROMOTION OF ARTS AND CULTURE. (20) RES. 91-463 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE EAST VALLEY REGIONAL COUNCIL ON AGING, SAN BERNARDINO COUNTY, FOR THE PURPOSE OF PROVIDING COMPANIONSHIP AND PERSONAL SERVICES TO CLIENTS IN THE EAST VALLEY SERVICE AREA BY THE CITY OF SAN BERNARDINO SENIOR COMPANION PROGRAM. (21) 9 11/18/91 RES. 91-464 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE ACQUISITION OF ADDITIONAL RIGHTS-OF-WAY FOR THE IMPROVEMENT OF FORTIETH STREET, FROM THIRD AVENUE TO ACRE LANE. (22) RES. 91-465 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH REALCO CONSULTANTS RELATING TO PROVIDING RIGHT OF WAY ACQUISITION SERVICES AND FOR APPRAISAL SERVICES FOR THE TIPPECANOE AVENUE WIDENING PROJECT. (23) RES. 91-466 A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED MAINTENANCE OF LANDSCAPING IN THE AREA OF CAJON BOULEVARD AND PEPPER LINDEN DRIVE, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 1005, ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 DOES NOT APPLY. (24) RES. 91-467 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART, "A RESOLUTION PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR ALLEYS, OR PORTIONS THEREOF . ." TO ESTABLISH A NO PARKING ANY TIME ZONE ON LITTLE MOUNTAIN DRIVE, BETWEEN FOUR HUNDRED FEET SOUTH OF BUSSEY STREET AND BOND STREET, APPLICABLE TO THE WEST SIDE ONLY. (25) Council Member Hernandez made a motion, seconded by Council Member Miller, that said resolutions be adopted. Resolution Nos. 91-456, 91-457, 91-458, 91-459, 91-460, 91- 461, 91-462, 91-463, 91-464, 91-465, 91-466 and 91-467 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. APPROVAL OF PLANS - ADVERTISE FOR BIDS - TRUCK/CAR WASH - CITY YARDS (9) In a memorandum dated November 7, 1991, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for the installation of an automatic washing unit for vehicles in the City's fleet have been prepared and the project is ready to be 10 11/18/91 --_.._'"----~---_._-".._-_..,,_..._,._~_._-----_..--_.-_...,.__._------_.._.._-~.._-_._.,. _.,..._~-_._----~-~_.,- ._._--_._--,.,-----_..._--_._~..,.----,-_._- advertised for bids. The project consists of installing an automatic washing unit near the fueling island in the City Yards. Construction of block walls and utility connections are proposed to be performed by City forces; however, can be contracted out if desired. The total estimated project cost is $128,000, and funds have been allocated in the 1991/92 Motor Pool Fund. In a memorandum dated November 15, 1991, Roger Hardgrave, Director of Public Works/City Engineer, stated that $128,300 in bond proceeds were allocated to the Motor Pool Fund to finance certain equipment in the 1991/92 budget. Currently, the total annual cost for contract car washes is $81,700, and the estimated annual savings is $69,500. Council Member Estrada made a motion, seconded by Council Member Miller, and unanimously carried, that the plans for furnishing and installing an automatic truck/car washing unit, in accordance with Plan No. 8606, be approved; that the Director of Public Works/City Engineer be directed to advertise for bids; and that Motor Pool Funds (Garage) be used. COUNCIL MEMBER ESTRADA EXCUSED At 9:57 a.m., Council Member Estrada left the Council meeting. RES. 91-468 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO INDUSTRIAL MEDICAL CLINIC RELATING TO PRE- EMPLOYMENT MEDICAL SERVICES FOR POLICE AND FIRE SAFETY AND SAFETY DISPATCHER EMPLOYEES. (13) Concern was expressed that adequate funds should have been available in the general fund for the physical examination of police officers. City Administrator Clark explained that funds were set aside in the general fund for the physical examination of police officers; however, additional police officers have been hired. Consequently, $4,800 more than was budgeted is needed for this purpose. She explained that the cost for hiring police officers is drawn from the general fund. Council Member Maudsley made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 91-468 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Estrada. COUNCIL MEMBER ESTRADA RETURNED At lO:OO a.m., Council Member Estrada returned to the Council meeting and took her place at the council table. 11 11/18/91 PUBLIC HEARING ESTABLISH $500 FEE CHANGES - CONTINUED FROM OCTOBER 21, 1991 STREET NAME (26) This is the time and place continued to for a public hearing to establish a fee of $500 for street name changes. In a memorandum dated September 16, 1991, Roger Hardgrave, Director of Public Works/City Engineer, stated that there is no established legal proceeding for changing the name of a street. However, a policy of notifying adjoining property owners, residents, affected City Departments, and utilities has been followed. Notification to adjoining property owners often results in meetings to discuss the impact upon their residences or businesses. The estimated total average cost for a typical street name change proceeding is $501.93. Mayor Holcomb opened the hearing. RES. 91-469 - RESOLUTION OF THE CITY OF SAN ESTABLISHING A FEE OF FIVE HUNDRED DOLLARS PROCESSING REQUESTS FOR STREET NAME CHANGES. from October 21, 1991) BERNARDINO ($500) FOR (Continued (26) Council Member Estrada made a motion, seconded by Council Member Miller, that the hearing be closed; and said resolution be adopted. Ayes: Nays: Resolution No. 91-469 was adopted by the following vote: Council Members Estrada, Reilly, Maudsley, Minor, Miller. Council Members Hernandez, Pope-Ludlam. Absent: None. COUNCIL MEMBER HERNANDEZ EXCUSED At 10:02 a.m., Council Member Hernandez left the Council meeting. PERSONNEL ACTION (5-6) Council Member Estrada made a motion, seconded by Council Member Minor, and unanimously carried, that the appointment of Josefa Soria, as Legal Secretary I, for the City Attorney's Office, Range 3288 (Step 2, $1958/mo), effective November 25, 1991, be approved. COUNCIL MEMBER HERNANDEZ RETURNED At 10:03 a.m., Council Member Hernandez returned to the Council meeting and took his place at the council table. Council Member Reilly made Council Member Estrada, and appointment of Josefa Soria, as Attorney's Office, Range 3288 November 25, 1991, be approved. a substitute motion, seconded by unanimously carried, that the Legal Secretary I, for the City (Step 2, $1958/mo), effective 12 11/18/91 PUBLIC HEARING ALLEY VACATION 21, 1991 ESTABLISH PROCEEDINGS $1,000 FEE CONTINUED STREET AND FROM OCTOBER (27) This is the to establish a proceedings. time and place continued to for a public hearing fee of $1,000 for street and alley vacation In a memorandum dated September 12, 1991, Roger Hardgrave, Director of Public works/City Engineer, stated that a fee of $750 is currently collected from individuals requesting that proceedings be initiated to vacate all, or a portion, of an easement for street and highway purposes. These proceedings are done in accordance with the 1941 Street Vacation Act. It is recommended that this fee be established at $1,000 in order to reflect actual costs incurred for these proceedings. The estimated total average cost for a typical vacation proceeding is $1,017.32. Approximately twenty vacation proceedings are processed each year. The fee would not apply to City initiated vacations. Mayor Holcomb opened the hearing. The Council expressed concern that a fee should not be charged for street and alley vacations. Shauna Clark, City Administrator, stated that City initiated vacations would not be charged. RES. 91-470 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FEE OF ONE THOUSAND DOLLARS ($1000) FOR PROCESSING AN APPLICATION FOR A STREET OR ALLEY VACATION PURSUANT TO THE 1941 STREET VACATION ACT. (Continued from October 21, 1991) (27) Council Member Estrada made a motion, seconded by Council Member Miller, that the hearing be closed; and said resolution be adopted. Resolution No. 91-470 was adopted by the following vote: Council Members Estrada, Reilly, Maudsley, Minor, Miller. Council Members Hernandez, Pope-Ludlam. Absent: None. Ayes: Nays: PUBLIC HEARING - ESTABLISH $200 FEE - AN EASEMENT FORM FOR DEDICATION OF CONTINUED FROM OCTOBER 21, 1991 PREPARATION OF RIGHTS-OF-WAY- (28) This is the time and place continued to for a public hearing to establish a fee of $200 for the preparation of an easement form for dedication of rights-of-way. In a memorandum dated September 12, 1991, Roger Hardgrave, 13 11/18/91 Director of Public works/City Engineer, stated that many developments are conditioned to dedicate additional rights-of-way for street widening, or easements for various purposes. Dedication of these rights-of-way, except for subdivisions, is accomplished by the property owner signing an Easement form. Approximately fifty Easement forms are prepared each year. The estimated total average cost for preparation of a typical Easement form is $223.08. Mayor Holcomb opened the hearing. RES. 91-471 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FEE OF TWO HUNDRED DOLLARS ($200.00) FOR PREPARATION OF AN EASEMENT FORM FOR DEDICATION OF RIGHT-OF-WAY. (Continued from October 21, 1991) (28) Council Member Maudsley made a motion, seconded Member Minor, that the hearing be closed; and resolution be adopted. by Council that said Resolution No. 91-471 was adopted by the following Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Ludlam, Miller. Nays: Council Member Hernandez. Absent: vote: Pope- None. ANNOUNCEMENT - COUNCIL MEMBER ESTRADA (2) Council Member Pope-Ludlam made a motion, Council Member Miller, and unanimously carried, the announcements by Mayor and Council. seconded by to reconsider Council Member Estrada requested that the Ways & Means Committee minutes, dated November 13, 1991, be entered into the minutes. Council Member Estrada expressed concern that due to Mayor Holcomb's disruption of the Ways & Means Committee meeting no action had been taken, and the items were continued to the next regular committee meeting. Mayor Holcomb expressed concern that an item was being discussed at the committee meeting that the Mayor and Common Council had previously voted down. He felt that further discussion by the Committee was counter to previous Council direction. City Attorney Penman explained that under the Brown Act it is acceptable for Council Member Estrada to request that the minutes of the Ways & Means Committee be entered into the minutes; however, further discussion was not recommended. COUNCIL MEMBERS ESTRADA AND MILLER EXCUSED At 10:23 a.m., Council Members Estrada and Miller left the 14 11/18/91 Council meeting. APPEAL BOARD OF BUILDING COMMISSIONERS CORRECT HEALTH AND SAFETY VIOLATIONS AND REHABILITATE STRUCTURES - 1246 WEST RIALTO AVENUE - EDWARD DUKE- CONTINUED FROM OCTOBER 21, 1991 (29) This is the time and place continued to for consideration of an appeal of the Board of Building Commissioners' findings to require the property owner to rehabilitate the structures located at 1246 West Rialto Avenue. Mayor Holcomb opened the hearing. Al Boughey, Director of Planning and Building Services, stated that work was progressing as expected and that permits should be issued in the near future. He stated that he would keep the Council advised on the progress of work performed. Council Member Minor made a motion, seconded by Council Member Reilly, and unanimously carried, to receive and file the oral report given by Al Boughey, Director of Planning and Building Services. Council Member Hernandez made a substitute motion, seconded by Council Member Reilly, and unanimously carried, to continue the public hearing to consider the appeal of the Board of Building Commissioners' findings to rehabilitate structures located at 1246 West Rialto Avenue; and that Planning and Building Services staff return to give an oral report relative to the status of the rehabilitation of structures located at 1246 West Rialto Avenue, on December 16, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER MINOR EXCUSED At 10:28 a.m., Council Member Minor left the Council meeting. COUNCIL MEMBERS ESTRADA AND MILLER RETURNED At 10:29 a.m., Council Members Estrada and to the Council meeting and took their places table. Miller returned at the council DISCUSS AND TAKE POSSIBLE ACTION MEMORANDUM OF UNDERSTANDING SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT - WESTS IDE PLAZA - MAYOR HOLCOMB - CONTINUED FROM NOVEMBER 4, 1991 (30) This is the time and place continued to for a Memorandum of Understanding with the San Unified School District relative to the Westside consideration of Bernardino City Plaza. 15 11/18/91 Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the Memorandum of Understanding between the City and the San Bernardino City Unified School District relative to the issues in dispute regarding the Westside Plaza project, be continued to December 2, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF OF SAN BERNARDINO SUPPORTING THE TAKING INTO THE FEDERAL GOVERNMENT OF CERTAIN PROPERTY BENEFIT OF THE SAN MANUEL BAND OF MISSION (Continued from November 7, 1991) THE CITY TRUST BY FOR THE INDIANS. (31) Council Member Miller made a motion, seconded by Council Member Estrada, that said resolution be tabled. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Maudsley, Pope-Ludlam, Miller. Council Member Hernandez. Absent: Council Member Minor. Council Nays: COUNCIL MEMBER MINOR RETURNED At 10:30 a.m., Council Member Minor returned to the Council meeting and took his place at the council table. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 3.44.025 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO EXEMPTIONS FROM THE SERVICE USERS TAX FOR PUBLIC SCHOOLS. First (32) Council Member Miller made a motion, seconded by Council Member Reilly, and unanimously carried, that said ordinance be laid over for final adoption. PROPOSED DEVELOPMENT CODE AMENDMENT - PERMIT ORGANIZATIONS IL AND OTHER APPROPRIATE DISTRICTS - COUNCIL MEMBER POPE-LUDLAM FRATERNAL LAND USE (33) Valerie Ross, Senior Planner, Department of Planning and Building Services, prepared a memorandum dated November 7, 1991, for Council Member Pope-Ludlam, stating that the Development Code permits churches and other membership organizations in various land use designations in the City. However, churches are permitted in some land use designations that membership organizations are not. Since the two are similar uses, there may be additional land use designations where membership organizations can or should be permitted. Churches are conditionally permitted in the IL, Industrial Light, land use district. At the time of the Development Code adoption, it was determined that since uses within the IL land use district must be conducted within enclosed structures, 16 11/18/91 churches could be a compatible use designation. Membership organizations churches, and therefore may also be district. in the IL land are a similar use appropriate in the use as IL Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the Mayor and Common Council direct Planning staff to amend the Development Code to permit fraternal organizations in the IL district or consider a general plan amendment for that specific property which would allow fraternal organizations; to utilize the most expeditious and appropriate method of amendment; and to return to give an oral report on the status of the Development Code amendment, on December 16, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino California. PROPOSED ANALYSIS - SWAP MEET DESIGNATIONS - COUNCIL MEMBER REILLY (34) In a memorandum dated November 6, 1991, Council Member Reilly, stated that indoor swap meets are becoming a popular marketing option. These businesses provide a commercial building and sub-lease booths to a multitude of vendors who offer a variety of merchandise for sale to the general public. The use is currently permitted with the approval of a conditional use permit in the CG-4, General Commercial, Theme Center; CH, Commercial Heavy; IL, Industrial Light; and IH, Industrial Heavy, land use designations. Council Member Reilly made a motion, seconded by Council Member Estrada, and unanimously carried, that the Mayor and Common Council direct Planning staff to prepare an analysis of swap meets in the CG-2, General Commercial land use designation, and any other appropriate land use designation; and that based on that analysis, make a recommendation on a Development Code amendment to permit swap meets in those designations. RES. 91-472 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING EXHIBIT "A" OF RESOLUTION NO. 91-57 ENTITLED "RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING ANNEXATION NO. 347 (LAFCO 2584) FOR THE TERRITORY GENERALLY LOCATED EAST OF HIGHWAY 18, NORTH OF 40TH STREET AND DETACHMENT FROM CSA 38 CSA 70". (5-1) Council Member Maudsley made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution Ayes: Council Ludlam, Miller. No. 91-472 was adopted by the following Members Estrada, Reilly, Maudsley, Minor, Nays: Council Member Hernandez. Absent: vote: Pope- None. 17 11/18/91 RES. 91-473 - 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 EASEMENTS FOR SANITARY SEWER, DRAINAGE AND APPURTENANT FACILITIES AND PUBLIC UTILITY EASEMENTS THEREIN. (5-2) Council Member Maudsley made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 91-473 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. DISCUSS AND TAKE POSSIBLE ACTION - CITY PROCESS FOR DEALING WITH DEVELOPERS - COUNCIL MEMBER ESTRADA (5-3) Council Member Estrada recommended that procedures be established so that development projects can be reviewed and processed in an orderly fashion. She felt that these procedures would assist staff in dealing with developers in a consistent manner. She felt that these procedures should also include some guidance for staff relating to negotiations. CITY CLERK KRASNEY RETURNED At 10:45 a.m., City Clerk Krasney returned to the Council meeting and replaced Deputy City Clerk Vale. Discussion ensued relative to which City Departments and Committees are involved in development, and therefore might be contacted by developers. Mayor Holcomb stated that negotiations should be conducted at the executive level, and that once negotiations are completed, the development project would then be presented to the Council for policy directions. Discussion ensued regarding details of recent development projects; and how to deal with problems that may arise with a development. Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that the discussion relative to establishing City policies to deal with developers be referred to the Legislative Review Committee to develop a policy to deal with all aspects of development projects; and that the recommended policies and procedures return to the Council for discussion and action. 18 11/18/91 FUNDING AUTHORIZATION STUDY EMERGENCY MEDICAL SERVICES (5-4) In a memorandum dated November 14, 1991, Shauna Clark, City Administrator, stated that the City advertised a Request for Qualifications (RFQ) to perform an analysis of the existing emergency medical response system, and make recommendations regarding the most efficient and effective means to organize the Emergency Medical Services (EMS) system. The RFQ requested an analysis of three operational options: privatization of all emergency medical services, City operated paramedic services with private ambulance transport, and City operated paramedic service and ambulance transport. Responses were received from Emergency Center, and EMS Concepts, Inc. Authorization $10,000 to proceed with this study. Council Member Maudsley made a motion, seconded by Council Member Minor, and unanimously carried, to authorize funding in the amount of $10,000 from the General Fund, non-governmental account, for a consultant to perform a study on the delivery of emergency medical services, and authorize preparation of a contract which will be re-submitted for Council approval. Care Information is requested for RES. 91-474 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ABC ANESTHESIA, INCORPORATED DBA ADVANCED BILLING CONCEPTS RELATING TO BILLING SERVICES FOR THE PARAMEDIC SUBSCRIPTION PROGRAM. (5-5) Council Member Reilly made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 91-474 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RECESS MEETING At 11:01 a.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 11:10 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 Deputy City Clerk Vale with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Miller; Senior Assistant City Attorney Barlow, Deputy City Clerk Vale. Absent: Council Member Pope-Ludlam; City Administrator Clark. 19 11/18/91 COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:10 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. COUNCIL MEMBER POPE-LUDLAM RETURNED At 11:12 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. RES. 91-475 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A QUITCLAIM DEED TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FOR A PORTION OF THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF COURT AND "E" STREETS IN THE CITY OF SAN BERNARDINO. (R-2-A) Council Member Minor made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 91-475 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. STURGES AUDITORIUM (R-4) In a memorandum dated November 14, 1991, Kenneth Henderson, Executive Director, EDA/Development Department, stated that the Sturges Center for the Arts (a.k.a. Foundation) has experienced difficulties in providing liability insurance for the structure. Although they have attempted to charge participants $500 to assure adequate insurance, there is usually a deficit in the amount participants can pay. The Foundation, owners of Sturges Auditorium, has proposed to transfer the ownership of the Sturges Auditorium to the City to facilitate the utilization of the City's insurance to cover the building. The Foundation would continue to function in its same capacity, and the Development Department would assume responsibility to repay an outstanding loan with a current balance of $30,525.90. The Foundation would make loan payments to the Development Department. This restructuring of obligations and legal responsibilities would result in the elimination of liability insurance cost to the Foundation, thus enabling it to carry out its stated goals and objectives in a more efficient and economical manner. The Redevelopment Committee recommended at its September 19, 1991 meeting that staff work with Foundation representatives to develop an agreement that would enable them to eliminate the cost of liability insurance payments and continue to fulfill its prior contractual commitment and loan repayment. 20 11/18/91 Kenneth Henderson, Executive Director, EDA/Development Department, stated that the Foundation would continue to make loan payments to the Development Department and that this action restructured the debt and was not a grant. Concern was expressed relative to the City's cost to maintain the facility. Council Member Estrada made a motion, seconded by Council Member Miller, that the Mayor and Common Council and the Community Development Commission approve the transfer of the title to the Sturges Auditorium building to the City of San Bernardino; approve assumption by the Development Department of the Sturges Auditorium, Bank of San Bernardino loan in the amount of $30,526; direct Agency Counsel to prepare the appropriate agreements; and authorize the Mayor, Ci ty Clerk, Chairman and Commission Secretary, as appropriate, to execute said agreements when complete. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Nays: Council Member Hernandez. Absent: None. Council Miller. RES. 91-476 RESOLUTION COUNCIL OF THE CITY OF SAN AND DETERMINATIONS AS TO CERTAIN BLIGHT REDUCING REDEVELOPMENT PROJECT AREA OF THE MAYOR AND COMMON BERNARDINO MAKING FINDINGS THE BENEFIT OF UNDERTAKING ACTIVITIES FOR THE UPTOWN OF THE AGENCY. (R-5-A) Mayor Holcomb stated that action was taken in closed session to purchase property for $400,000 with 20% Set Aside Funds. He stated that the property is the old Laurel Hospital property on "E" Street, and that plans call for the structure to be demolished, and to create approximately ten to eleven residential lots for single-family homes. Senior Assistant City Attorney Barlow explained that if property is purchased with 20% Set Aside Funds and then a portion of it is sold or used for another purpose, the revenue generated from the sale must pay back that portion of the 20% Set Aside Funds. Council Member Minor made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 91-476 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. COUNCIL MEMBERS ESTRADA AND MILLER EXCUSED At 11:34 a.m., Council Members Estrada and Miller left the Council meeting. 21 11/18/91 ORD. MC-813 - URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDINANCE NUMBER MC-791 RELATING TO EXTENDING THE TIME PERIOD FOR AN INTERIM HOLD ON APPROVALS OF DEVELOPMENT PERMITS, CONDITIONAL USE PERMITS AND OTHER ACTIONS IN CERTAIN AREAS SURROUNDING MT. VERNON AVENUE, AND DECLARING THE URGENCY THEREOF. Uraencv (R-12) Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, to waive further reading, and adopt said ordinance. Ordinance MC-813 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Nays: None. Absent: Council Members Estrada, Miller. RECESS MEETING At 12:20 p.m., Mayor Holcomb recessed the regular meeting of the Mayor and Common Council until 2:00 p.m. RECONVENE MEETING At 1:59 p.m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor; Deputy City Attorney Empeno, Deputy City Clerk Medina, City Administrator Clark. Absent: Council Members Estrada, Pope-Ludlam, Miller. PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 91-09- CHANGE LAND USE DESIGNATION FROM OIP TO CG-1 - WESTS IDE OF HALLMARK PARKWAY, NORTH & SOUTH OF CAMPEAU DRIVE- STATE COLLEGE BUSINESS PARK - RECONSIDERED LATER IN THE MEETING - SEE PAGE 25 (35) This is the time and place set for a public hearing relative to General Plan Amendment No. 91-09 to change the land use designation from OIP, Office Industrial Park, to CG-1, Commercial General, on approximately 15.26 acres on the west side of Hallmark Parkway, and on the north and south sides of Campeau Drive in the State College Business Park. In a memorandum dated October 31, 1991, Al Boughey, Director of Planning and Building Services, stated that during the hearing process for the adoption of the General Plan, a designation of OIP, Office Industrial Park, was assigned to the site and surrounding area. General Plan Amendment No. 91-02 designated the land to the west of the site as IL, Industrial Light. The 22 11/18/91 land on the east side of Hallmark Parkway, north of University Parkway, and around Ostrem's Way was designated CG-1. The CG-1 designation is suitable for the site as it is adjoining other CG-1 designated lands and allows for the development of similar use projects at the entrance to the State College Business Park. At its September 19, 1991 meeting the Environmental Review Committee reviewed the proposal and recommended that a negative declaration be adopted. At its October 29, 1991 meeting the Planning Commission recommended adoption of the negative declaration and approved General Plan Amendment No. 91-09. COUNCIL MEMBERS POPE-LUDLAM AND MILLER ARRIVED At 2:02 p.m., Council Members Pope-Ludlam and arrived at the Council meeting and took their places council table. Miller at the Mayor Holcomb opened public hearing. RES. 91-477 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-09 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (35) Council Member Pope-Ludlam made a Council Member Hernandez, that the hearing resolution be adopted. Resolution No. 91-477 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Estrada. motion, seconded by be closed; and said PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 91-14- PERMIT EXISTING SINGLE-FAMILY RESIDENCES PERMITTED USES - CG-2, COMMERCIAL GENERAL, LAND USE DISTRICT (36) This is the time and place set for a public hearing to consider General Plan Amendment No. 91-14 and Development Code Amendment No. 9l-05 to allow existing single-family residences as permitted uses in the CG-2, Commercial General land use designation. The CG-2 areas are generally located along Baseline Street to the east and west of the I-215 Freeway, on Mt. Vernon, and on "E" Street north of Baseline Street. In a memorandum dated October 29, 1991, Al Boughey, Director, Planning and Building Services, stated that during the hearing process for the adoption of the General Plan the CG-2 designation, Community Commercial: Mixed Residential, was adopted to enhance the economic activity of the area and to allow for the development of multiple family residential. The criteria established for residential was a minimum contiguous 23 11/18/91 area of one acre, medium density, 14 units per acre, west of I- 215; and medium-high density, 24 units per acre, east of the freeway. The standards established for the residential uses were aimed primarily at new development and not towards single-family homes outside of the parameters. Consequently, many existing single-family homes are considered non-conforming structures causing difficulties for owners selling their property, and securing insurance and loans. The Environmental Review Committee reviewed both amendments and proposed a negative declaration. At its October 8, 1991 meeting, the Planning Commission recommended adoption of the negative declaration and approved General Plan Amendment No. 91- 14 and Development Code Amendment No. 91-05. Mayor Holcomb opened the public hearing. RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-14 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (36) ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE SECTIONS 19.06.010, 19.06.020 AND 19.06.030 TO ALLOW EXISTING SINGLE-FAMILY RESIDENCES AS PERMITTED USES. First (36) Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously carried, that said resolution and ordinance for General Plan Amendment No. 91-14 and Development Code Amendment No. 91-05 to allow existing single- family residences as permitted uses in the CG-2, Commercial General land use designation, be referred to the Legislative Review Committee. CITY ATTORNEY PENMAN RETURNED At 2:05 p.m., City Attorney Penman returned to the Council meeting and replaced Deputy City Attorney Empeno. AN ORDINANCE OF CHAPTER 15.55 TO RELATING TO LOCAL RELATING TO MOBILE THE CITY OF SAN BERNARDINO ADDING THE SAN BERNARDINO MUNICIPAL CODE ENFORCEMENT OF LAWS AND REGULATIONS HOME PARKS. First (37) City Attorney Penman stated that this ordinance enables the City to enforce certain requirements under State Law relating to mobile home parks. He stated that currently the City inspects mobile home parks once a year, and handles code enforcement violations through the health and safety code as they relate to mobile home parks. He recommended that the item be tabled. 24 11/18/91 ----------"-.---_.._,____~~._~.~._________________.___.___.__.__.__m_.__..______.._______ .___.._________._.__.______..___. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the ordinance relating to local enforcement of laws and regulations relating to mobile home parks be tabled. Discussion ensued regarding the enforcement of health and safety code violations in the mobile home parks. Council Member Hernandez withdrew his motion. Council Member Hernandez made a substitute motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the ordinance relating to local enforcement laws and regulations relating to mobile home parks be tabled, and that staff return with recommendations on how to address the health and safety code violation enforcement concerns. CITY ATTORNEY PENMAN EXCUSED At 2:19 p.m., City Attorney Penman left the Council meeting and was replaced by Deputy City Attorney Empeno. PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 91-09- CHANGE LAND USE DESIGNATION FROM OIP TO CG-1 - WESTS IDE OF HALLMARK PARKWAY, NORTH & SOUTH OF CAMPEAU DRIVE- STATE COLLEGE BUSINESS PARK - DISCUSSED EARLIER IN THE MEETING - SEE PAGE 22 (35) Council Member Maudsley made a motion, seconded by Council Member Reilly, and unanimously carried, to reconsider General Plan Amendment No. 91-09 to change the land use designation from OIP, Office Industrial Park to CG-1, Commercial General, on approximately 15.26 acres on the west side of Hallmark Parkway, and on the north and south sides of Campeau Drive in the State College Business Park, to allow public comments to be taken. Carolyn Stremple, owner of the Shell Station located at 3909 Hallmark Parkway, San Bernardino, CA, expressed concern that the area was being saturated with Arco gasoline stations as plans call for an Arco station at each end of Hallmark Parkway. She felt that her station was able to provide gas to residents and travelers in the area. Deputy City Attorney Empeno recommended that if the item was going to be reconsidered, that it should first be continued to a date specific, so that the applicant and his counsel can be present. He clarified that the item was a general plan amendment to change the land use designation, not an application for a specific development project. Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly, and unanimously carried, that the hearing be closed; and said resolution be adopted. (Note: This motion 25 11/18/91 is unchanged from the earlier motion, see page 23) ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.37 OF THE SAN BERNARDINO MUNICIPAL CODE; ESTABLISHING NEW POLICIES AND PROVISIONS FOR REVIEW OF DEMOLITION PERMIT APPLICATIONS FOR POTENTIALLY HISTORIC BUILDINGS AND STRUCTURES AND PROVIDING FOR CONTINUATION OF THE HISTORIC PRESERVATION TASK FORCE. First (38) Al Boughey, Director of Planning and Building Services, stated that the Urgency Historic Structure Demolition Ordinance mandates that an historic assessment evaluation be performed on any property over fifty years old. This ordinance provides the Director of Planning and Building Services with flexibility in determining whether or not the evaluation is required. Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley, and unanimously carried, that said ordinance be laid over for final adoption. CITY ATTORNEY PENMAN RETURNED At 2:26 p.m., City Attorney Penman returned to the Council meeting and replaced Deputy City Attorney Empeno. PROPOSED GENERAL PLAN AMENDMENTS - NON-CONFORMING AND / OR DEVELOPMENT CODE RESIDENTIAL USES/STRUCTURES (39) In a memorandum Director, Planning and general plan amendments initiated to establish uses/structures that are standard requirements. dated November 7, 1991, Al Boughey, Building Services, recommended that and/or development code amendments be provisions for existing residential non-conforming because of development The General Plan contains policies pertaining to growth and development in the City. While many General Plan policies pertain to new development, there are policies that address existing uses. The Development Code contains standards and guidelines that implement the General Plan. The Development Code addresses the use and reuse of non-conforming structures and the continuation of non-conforming uses. In some cases multiple family units are in an area designated for multiple family development, but have become non- conforming because of new density/lot size standards. If the use/structure is non-conforming and the use ceases for a period of six months or more, when use commences the structure must conform with Development Code standards. There are residential uses/structures in the City that meet the land use intent of the General Plan, but have become non-conforming because of new or 26 11/18/91 different development standards. Council Member Reilly made a motion, seconded by Council Member Miller, and unanimously carried, that Planning staff initiate the appropriate general plan amendments and/or development code amendments in reference to mul ti-family residences non-conforming uses in the Arden and Guthrie area; and to investigate general city-wide non-conforming issues and return with recommendations at a later date. Mr. Peter Broy, 2947 Orange Street, San Bernardino, CA, spoke in support of the Council's action to solve the non- conforming residential use/structure problems created by the Development Code. He expressed concern regarding the fifteen- year provisions by which all the apartments would have to be removed. Keith Reno, 1400 Edgehill Road #38, San Bernardino, CA, voiced support for the Council's action to eliminate the non- conforming residential use/structure problems created by the new Development Code. He felt that an amendment was required on the south side of Roca Street. He stated that this issue needed to be addressed city-wide, not just in the Arden and Guthrie area. He voiced concern relating to the fifteen-year requirement that requires all the apartments to be removed. ADJOURNMENT (40) At 2:34 p.m., Mayor Holcomb adjourned the regular meeting of the Mayor and Common Council, to Monday, December 2, 1991, at 8:30 a.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RACHEL KRASNEY City Clerk By ~L-t~t:-<-.' .~~ Melanie Vale Deputy City Clerk By yfr.1.IZCLhUfYZQdf~)(U Sandra Medina Deputy City Clerk No. of Items: 64 No. of Hours: 4 27 11/18/91