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HomeMy WebLinkAbout07-17-1989 Minutes City of San Bernardino, California . July 17, 1989 9:00 City The Regular Meeting was called to order by Mayor Holcomb, at a.m., on Monday, July 17, 1989, in the Council Chambers of Hall. 300 North "D" Street. San Bernardino, California. INVOCATION The Invocation was given by Phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Miller. ROLL CALL Roll Call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. . PUBLIC COMMENTS - SUSAN L. ROGERS - AKA SUSAN HARTMANN Susan Hartmann spoke on the homeless problem in the City of San Bernardino. She stated that there are a couple homeless shelters that offer food for the homeless, but a lot more shelters are needed. (A) PUBLIC COMMENTS - DONALD EUGENE HALL Donald Eugene Hall, 2549 West Walnut, San Bernardino, complained about the procedures used in the Building and Safety and Planning departments. He stated that he submitted some plans to extend an existing covered patio. He called the Building and Safety Department to see what was needed to approve the plans. The Plan checker stated that a 10 foot easement was needed and there were some fees required. with this request, Mr. Hall had the plans prepared and submitted to Building and Safety. Mr. Hall called Building and Safety to see if there were any problems because he had not heard from them and he was concerned about the plans he submitted. The Plan Checker stated that the plans were great and that the fees were being computed. . Later Mr. Hall was informed by the same plan checker that 20 more feet were needed to build the patio. Mr. Hall was upset because he was told in the very beginning all he needed was a 10 foot easement. The Plan Checker informed Mr. Hall he could go with a variance. which would cost $300 more. Mr. Hall stated that this should have been noted in the very beginning, so he would not have gone through the expense of having the plans drawn up. He also stated that the procedures should be looked at to avoid this problem from happening again. He stated a citizen should not have to pay for the City's mistake. (A) 1 7/17/89 t . The Mayor pointed out that the policies and procedures are currently being looked into to avoid encountering a problem such as this. It was stated that positive steps are being taken by preparing a developers guide for the public's use. When the developers guide is completed, it will be distributed to the persons obtaining a building permit for home additions or any proposed building or construction. PRESENTATIONS - SR. JUAN MANUEL CALDERON, MEXICAN CONSUL Ms. Lorraine Velarde, Executive Assistant to the Mayor, introduced Sr. Juan Manuel Calderon, Mexican Consulate, whose office is located in the City of San Bernardino. (B) Sr. Calderon stated that it is a great honor to attend the Council meeting. He appreciates the opportunity to get acquainted with the people of the City San Bernardino. He stated that in working with the City of San Bernardino, it has made his job not only easier but more effective. The Mayor presented Sr. Calderon with a key to the City. PRESENTATIONS - DR. STUART BUNDY Ms. Velarde introduced Dr. otto Remick, Interim Chancellor at San Bernardino Valley College. Dr. Remick introduce the newly appointed Chancellor for San Bernardino Valley College, Dr. Stuart Bundy. He stated that Dr. Stuart Bundy was the President of the Henry Ford Community College in Michigan for 17 years. . Mayor Holcomb officially welcomed Dr. Stuart Bundy to the City of San Bernardino. Dr. Stuart Bundy stated that he is looking forward to the opportunity of working in the City of San Bernardino. APPOINTMENTS - NORBERT D. LIGHT, LIBRARY BOARD Mayor Holcomb requested the appointment of Mr. Norbert D. Light to the Library Board. (C) Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that Mr. Norbert D. Light be appointed to the Library Board. APPOINTMENTS OSCAR C. GONZALES, PARKS & RECREATION COMMITTEE The Mayor requested the appointment of Oscar Gonzales to the Park and Recreation Commission. (C) Council Member Minor be appointed Member Flores made a motion, seconded and unanimously carried, that Mr. Oscar to the Parks and Recreation Committee. by Council C. Gonzales Mr. Gonzales was present. . PRESENTATIONS - BRIAN TOWNSEND, PRECINCT REPORTER Ms. Lorraine Velarde read a Resolution of Commendation to the Precinct Reporter for its 24 years of publishing. (B) 2 7/17/89 . . The Mayor Brian Townsend, of the Precinct presented a the son of Art Reporter. Resolution of Commendation to Mr. P. Townsend, publisher and owner Mr. Brian Townsend was present to accept the resolution and thanked the City for recognizing the Precinct Reporter. COUNCIL MEMBER ESTRADA EXCUSED At 9:25 a.m., Council Member Estrada left the Council Meeting. APPROVAL OF COUNCIL MINUTES - MAY 24,1989, JUNE 10, 1989, JUNE 12, 1989 Council Member Reilly made a motion, seconded by Council Member Maudsley 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: May 24, 1989; June 10, 1989; June 12, 1989. (1) . SUBSTANTIAL CHANGE POLICY FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM In a memorandum dated July 6, 1989, Ken Henderson, Director of Community Development, explained that in September of 1988, the U.S. Department of Housing and Urban Development (HUD) revised its guidelines for the operation of the Community Development Block Grant (CDBG) program. These guidelines consolidated several modifications that occurred in recent years. There are three new rules and regulations which stipulate that each entitlement municipality take action within one-hundred, twenty (120) days upon adoption of said guidelines. Section 570.305 states that each grantee ".. .shall develop and make public its criteria for what constitutes a substantial change..." under the CDBG program. (3) A substantial change is considered to have occurred under the following circumstances: 1) The amount to be expended for an activity is proposed to be increased or decreased from the amount in the final "Statement" by more than twenty-five percent (25%); 2) The location of the activity is changed from the location as described in the final "Statement"; 3) The addition of a proposed activity which is not described in the final "Statement"; and 4) The deletion of a proposed activity which is described in the final "Statement". Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that the "substantial change" policy and related definitions for the purpose of the Community Development Block Grant (CDBG) program, be adopted. Further, that staff be directed to submit same in accordance with newly amended federal regulations to the U.S. Department of Housing and Urban Development. . 3 7/17/89 . QUARTERLY REPORT FROM THE SAN BERNARDINO CONVENTION AND VISITORS BUREAU TO THE MAYOR AND COMMON COUNCIL In a memorandum dated June 30, 1989, James Richardson, Deputy City Administrator, Development Services, submitted the Quarterly Report from the San Bernardino Convention and Visitors Bureau. The agreement between the City of San Bernardino and the San Bernardino Convention and Visitors Bureau (SBCVB) approved on February 6, 1989 requires that quarterly reports be provided. The report of June 21, 1989, by the Chairman of the SBCVB Board is for the period from April 1st to June 30, 1989, and represents the completion of the terms and conditions of the agreement between the City and SBCVB. The staff report states that upon receipt and filing of this quarterly report, a payment in the amount of $9,730 can be made to the SBCVB, as provided in the agreement. (4) Council Member Reilly made a motion, Member Maudsley and unanimously carried, Report from the San Bernardino Convention and the Mayor and Common Council, be received and seconded by Council that the Quarterly visitors Bureau to filed. . AUTHORIZATION TO APPLY FOR AND ADMINISTER $20,000 OF EMERGENCY FOOD AND SHELTER FUNDS Annie Ramos, Director of Parks, Recreation and Community Services, wrote a memorandum dated June 26, 1989, requesting authorization for application and administration of $20,000 of emergency food and shelter program funds (FEMA VIII). Previously the Mayor and Common Council approved administration of emergency food and shelter funds at the Westside Drop-In Center since 1984 with the last approval being for FEMA VII in the amount of $20,000 on October 3, 1988. Congress has again appropriated funding through the Emergency Food and Shelter National Board Program (FEMA VIII) to local public and private organizations for the purpose of delivering emergency food and shelter to needy individuals. Grants are made from FEMA to communities through local boards convened by the United Way with representatives from the public and private organizations. (5) The local FEMA Board to San Bernardino has selected the Westside Drop-In Center as one of the sites within the City of San Bernardino to assist with the distribution of funds between October 1, 1989 and September 30, 1990. This department has prepared an application for $20,000 to be administered through the Westside Drop-In Center. There is no additional cost to the City to administer this program along with other public service programs now being administered. It was noted that this program has served approximately 7,900 persons in the previous funding cycle, and with funding requested on this application, a vital service to needy citizens will continue. . 4 7/17/89 , . Council Member Reilly made a motion, seconded Member Maudsley and unanimously carried, that Recreation and Community Services Department authorized to apply for and administer $20,000 of and shelter funds provided under the provision of Food and Shelter National Program (FEMA VIII). by Council the Parks, Director be emergency food the Emergency APPROVAL AND ACCEPTANCE OF WORK - CONSTRUCTION OF IMPROVEMENTS IN HILLCREST PARK (NEWBERRY MEMORIAL) In a memorandum dated June 30, 1989, Roger Hardgrave, Director of Public Works/City Engineer, requested approval and acceptance of the work performed by the Contractor for the construction of improvements in Hillcrest Park (Newberry Memorial), in accordance with plan No. 7388. He has also requested that final payment be authorized at the expiration of the lien period. All work was satisfactorily completed as of February 27, 1989. The maintenance period was completed on June 19, 1989. The project was awarded for the low bid price of $115,569.28. Change Order Nos. one and two increased the contract price to $118,978.78. The actual final contract price is $119,258.08, due to a slightly larger amount of concrete sidewalk being constructed. (7) . Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that the work performed by the Contractor for the construction of improvements in Hillcrest Park (Newberry Memorial), in accordance with Plan No. 7388, be approved and accepted; and that final payment be authorized at the expiration of the lien period. CLAIMS AND PAYROLL Pursuant to a memorandum dated July 11, 1989, Andrew Green, Finance Director, Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that the claims and payroll, and the authorization to issue warrants as listed on the memorandum from the Director of Finance, be approved. (8) AUTHORIZE CO-SPONSORSHLP OF MISS TEEN USA ALL STATES PICNIC In a memorandum dated July 6, 1989, James Richardson, Deputy City Administrator, Development Services, requested that the Miss Teen USA All States Picnic be co-sponsored by the City again. The Main Street Special Events Committee is coordinating the "All States Picnic" in conjunction with the Miss Teen USA Pageant. (2) The City has been requested to provide the following services on an in-kind basis: Department/Division Parks and Recreation Service Place 450 chairs, 10 trash cans and site clean-up Public Buildings Waive $100 fee for banner on "E" Street . Police Security during event 5 7/17/89 J . Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the Miss Teen USA All States Picnic to be held on July 20, 1989, at the City Hall Plaza, be co-sponsored by the City of San Bernardino and authorize various City Departments to provide in-kind services and that all fees be waived. COUNCIL MEMBER ESTRADA RETURNED At 9:43 a.m., Council Member Estrada returned to the Council Meeting and took her place at the Council Table. ACCEPTANCE OF GIFT FOR $1,000 FROM RAY AND RHODA FOX FOR PURCHASE OF PLAY EQUIPMENT AT HARRISON CANYON PARK Ms. Rhoda Fox donated $1,000 to the Harrison Canyon Park fund of the City of San Bernardino for a Tot Lot at the park. (6) Annie Ramos, Director of Parks, Recreation and Community Services, accepted the donation and expressed her sincere appreciation from Rhoda and Ray Fox for designating the City of San Bernardino, specifically Harrison Canyon Park to be the recipient of the donation. . Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the Director of Parks, Recreation and Community Services Department accept on behalf of the City, a gift of $1,000 from Ray and Rhoda Fox to be used for the purchase of play equipment for the Tot Lot at Harrison Canyon Park. PERSONNEL ACTIONS City Administrator Julian requested that the Actions be continued to later in the meeting, after Session. (See Page 13) Personnel the Closed (9) READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of the resolutions on the Regular agenda. Council Member Flores Member Miller and unanimously the resolutions be waived. made a motion, carried, that seconded further (19 by Council reading of - 54) APPROVAL OF TRANSPORTATION IMPROVEMENT PROGRAM EXPENDITURE PLAN - SAN BAG Mr. Wesley McDaniels, Executive Director, SAN BAG , 444 North Arrowhead Avenue, Suite 101, San Bernardino, spoke on the proposed one half-cent sales tax measure for transportation improvements. He stated that this is a 20-year transportation improvement program county wide. The valley portion for the county, is essentially about 60% distribution of funds for 10 major freeway projects. It has a 20% component, in which each city would receive funds annually for local road programs. . 6 7/17/89 I . In the first year the City of San Bernardino would receive $1,200,000 and over the 20-year run, it would receive about $40 million. This money can be spent on local roads, subject purely to the discretion of the city council. (65) A discussion ensued on the types of improvements for transportation that would occur if the measure is approved. Wesley McDaniels answered questions regarding the amount allocated for the mountain/desert area and stated that SANBAG is asking all cities in the County of San Bernardino to support a proposition to be on the November ballot for an additional one half-cent sales tax to be levied within the county. Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that the Mayor and Common Council approve the proposed Transportation Improvement Program Expenditure Plan for the distribution and administration of such funds as may be generated by the proposed half-cent sales tax initiative and urges that the measure be placed on the November ballot for consideration by the voters of San Bernardino County. . PUBLIC HEARING - DISCUSSION OF PROPOSED INCREASE IN MEDICAL TRANSPORTATION RATES This is the time and place set for a public hearing to discuss the proposed increase in medical transportation rates. (10) May 24, 1989, Lee Gagnon, Business the proposed increased ambulance a memorandum dated Supervisor, listed In License rates. Mayor Holcomb opened the hearing. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the Public Hearing to discuss the increase in medical transportation rates be continued to August 7, 1989 at 10:00 a.m. PUBLIC HEARING - STREET VACATION - FRONTAGE ROAD WEST OF WATERMAN AVENUE, SOUTH OF CAROLINE STREET This is the time and place set for a protest hearing for the street vacation of Frontage Road, west of Waterman Avenue, south of Caroline Street. (11) Roger Hardgrave, Director, Public Works/City Engineer, received a conditional letter of protest from the City of Riverside. He stated that they are still negotiating some conditions and would like to have this hearing taken up last. (See Page 12) COUNCIL MEMBER MILLER EXCUSED At 10:15 a.m., Council Member Miller left the Council Meeting. . 7 7/17/89 r . PROTEST HEARING CHESTNUT AVENUE AND OHIO AVENUE This is the time vacation of portions and Ohio Avenue. - STREET VACATION - PORTIONS OF BETWEEN IRVINGTON AVENUE and place set for a protest hearing for the of chestnut Avenue between Irvington Avenue (12) In a memorandum dated June 20, 1989, Roger Hardgrave, Director, Public Works/City Engineer, submitted a request to vacate those portions of Chestnut Avenue North of Irvington Avenue and south of ohio Avenue. This was initiated by the City of San Bernardino relative to the Chestnut Drain within the proposed vacation area. This memo also submitted a staff recommendation and finding of fact in favor of the vacation. Mayor Holcomb opened the hearing. RES. 89-246 A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF PORTIONS OF CHESTNUT AVENUE BETWEEN IRVINGTON AVENUE AND OHIO AVENUE, IN THE CITY OF SAN BERNARDINO AND RESERVING A PUBLIC UTILITY EASEMENT AND EASEMENTS FOR DRAINAGE PURPOSES AND FOR PARK AND RECREATION PURPOSES. City Clerk Clark read the title of the resolution. . Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the hearing be closed; that the Findings of Fact as set forth in the Staff Report from Roger G. Hardgrave, Director of Public Works/City Engineer as to why portions of Chestnut Avenue, between Irvington Avenue and Ohio Avenue are no longer necessary for street purposes, be adopted; that further reading of the following resolution be waived, and said resolution be adopted. Resolution 89-246 was adopted by the Council Members Estrada, Reilly, Flores, Ludlam. Noes: None. Absent: Council Member following vote: Maudsley, Minor, Miller. Ayes: Pope- PROTEST HEARING - STREET VACATION - PORTION OF CERTAIN UNNAMED STREET SOUTH OF HIGHLAND AVENUE EAST OF ELMWOOD ROAD This is the time set for a protest hearing on the of a certain portion of an unnamed street south of Avenue, east of Elmwood Road. vacation Highland (13) Roger G. Hardgrave, Director of Public Works/City Engineer, stated in a memorandum dated June 26, 1989, that a request from 86% of the adjoining owners to vacate a portion of that certain unnamed East/West street, south of Highland Avenue, east of Elmwood Road had been received. On October 24, 1988, authorization to proceed was given and Plan No. 7604 was approved. . Mayor Holcomb opened the hearing. 8 7/17/89 I No protests were received. . RES. 89-247 A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF THAT CERTAIN UNNAMED EAST/WEST STREET LOCATED SOUTH OF HIGHLAND AVENUE AND EAST OF ELMWOOD ROAD AND RESERVING EASEMENTS THEREIN. City Clerk Clark read the title of the resolution. Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the hearing be closed; that the Findings of Fact as set forth in the staff report from Roger G. Hardgrave, Director of Public Works/City Engineer as to why a portion of that certain unnamed east/west street south of Highland Avenue, east of Elmwood Road, is no longer necessary for street purposes, be adopted; that further reading of the following resolution be waived and said resolution be adopted. Resolution 89-247 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope- Ludlam. Noes: None. Absent: Council Member Miller. COUNCIL MEMBER MILLER RETURNED At 10:30 a.m., Council Member Miller returned to the Council Meeting and took her place at the Council Table. . PROTEST HEARING - ASSESSMENT DISTRICT NO.990 HIGHLAND AND ARDEN AREA SECURITY AND MAINTENANCE' DISTRICT This is the time District No. 990, Maintenance District. set for Highland a protest hearing and Arden Area for Assessment Security and (14) In a memorandum dated June 26, 1989, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that the proposed assessment district is a result of a City initiated action to reduce crime and blight in the area. Mayor Holcomb opened the hearing. Keith Reno submitted a letter dated, July 17, 1989, to the City Clerk's Office, protesting the proposed Assessment District No. 990 at the Highland and Arden area. In this letter, it states that he is representing the properties at 2123 and 2141 McKinley Street and property owners John E. Sventy, James J. Machuta and Rachel K. Machuta. . Keith Reno, 1400 Edgehill Road, #38, San Bernardino, representing 2123 & 2141 McKinley Street and four people who own property in the area, spoke on behalf of the people he is representing. He stated that they are in favor of an assessment district for additional lighting and street sweeping, but they feel the major cost is in the security, which they do not feel is necessary. From his standpoint, it does not appear that the security is needed. Having the security would just be an added cost. 9 7/17/89 i . A letter dated July 17, 1989 was Clerk's Office, from Paul Door. In the is against the private security patrols, the neighborhood needs improvement. received in the City letter he states that he but is in agreement that Paul Door, 272 North Shaeffer Street, Orange, is the owner of 2105 McKinley, San Bernardino. He stated that he is opposed to the assessment district, primarily because he feels it's an additional taxation. He stated that the Police Department has done an adequate job for the area. He also stated that he does support the additional lighting and street sweeping because it would not be a big expense. He feels that he should not be burdened with the additional taxation to support something he has no control over. He stated that he is already paying taxes for the Police to provide protection to the citizens and the landlords in this area should have to pay for this security force. . Debra Cowan, 2194 Dumbarton, San Bernardino, lives in the neighborhood of the assessment district and is a representative for John Rampello, who owns 75 buildings in the proposed assessment district. She stated that she is in support of the proposed assessment district. Ms. Cowan stated that she is the resident manager for the 75 buildings and has been since December 1987. She also stated that the property owners in the proposed assessment district area do not want the security if they have to pay for it. Since early 1987, Mr. Rampello has paid for all the security in that neighborhood. Ms. Cowan has been taking up voluntary collections for the alley lights from the owners in the neighborhood to pay the electric bill. Ms. Cowan gave a history of the incidents that occurred in the area and the condition of the buildings prior to renovating. She also stated that since she became the resident manager, there have been 200 evictions in the neighborhood and one of the largest neighborhood watch groups has been formed. Ms. Cowan answered questions regarding the present occupancy of the building and the occupancy prior to renovating. James Machuto, 25641 Pasito, San Bernardino, property owner in the proposed assessment district, stated that he is very much in favor of the street sweeping and the provision to provide lighting. He stated that he is being taxed an adequate amount already and the security cost is prohibitive. He stated that he is firmly opposed to the security provision. It was pointed out that the Police Department is fully in support of this proposed assessment district for security. . 10 7/17/89 I . Mr. Roger Hardgrave answered questions regarding the percentage used for security from the assessment fund and the amount it would cost for a unit per year. Mr. Hardgrave stated that the assessment would be about $445 per year per fourplex and the bulk of that money would be in security cost. He stated that options are open in terms of where the security will come from. City Attorney Penman stated there is some concern about the liability involved with the proposed security. City Attorney Penman strongly encouraged the Council to administer security the same way as the mall security is administered. He stated that the security at the mall are trained off-duty officers. The City will become liable despite the fact that we would have limiting language in our contracts with security firms. A discussion ensued available. If the assessment of security should be hired. regarding the type of security district is approved, a higher level It was pointed out that the protest represents 3% of the properties in the district. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 10: 37 a.m., Council Member Pope-Ludlam left the Council Meeting. . Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that the protests be overruled, the hearing be closed, and find and determine that the public convenience and necessity require the proposed security and maintenance in the Highland and Arden Area, and that the Special Assessment, Investigation and Limitation Act of 1931 shall not apply. RECESS MEETING - CLOSED SESSION At 10:40 a.m., Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that Common Council recess to Closed Session pursuant to Government Code Section 54957 to consider personnel matters. (71) CLOSED SESSION At 10:42 a.m., Mayor Holcomb called the Closed Session to order in the Conference Room of the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; City Administrator Julian. Absent: Council Member Pope-Ludlam; City Attorney Penman, City Clerk Clark. . ADJOURN CLOSED SESSION At 11:00 a.m., the Closed Session Meeting of the Mayor and Common Bernardino, California. adjourned to the Regular Council of the City of San 11 7/17/89 I . RECONVENE MEETING At 11:00 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, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: None. PROTEST HEARING - VACATION OF FRONTAGE ROAD, WEST OF WATERMAN AVENUE, SOUTH OF CAROLINE STREET. This is the time and place set for a protest hearing to discuss the vacation of a frontage road, west of Waterman Avenue, south of Caroline Street. (11) In a memorandum dated June 20, 1989, Roger Hardgrave, Director of Public Works/City Engineer, requested the vacation of the frontage road, west of Waterman, south of Caroline. The City is planning to signalize the intersection of Waterman Avenue and Caroline Street, making ingress an egress to the frontage road a definite safety hazard. On March 20, 1989, authorization to proceed with the proposed vacation was given, and Plan No. 7726 was approved. . In the memo, it states that protests were filed by the City of Riverside, Public Works Department and The Sunset Group. It was noted that the City of Riverside owns 500 acres in San Bernardino. Mr. William Holsinger manages the property for the City of Riverside. Through informal meetings with both property owners affected by the proposed vacation (The Sunset Group and the City of Riverside), concern has been expressed by the City of Riverside regarding the access to their property. The Sunset Group, which is in the process of developing the property adjacent to the proposed vacation has provided access, by dedicated alley, across their property for the City of Riverside. The City of Riverside has requested an easement for water lines over the entire area, and the same has been provided for the Resolution of Intention. Mayor Holcomb opened the hearing. . Mr. William Holsinger, Real Property Services Manager, City of Riverside, stated that he filed a letter of protest with the City Clerk and he now withdraws the letter of protest. He stated that the City of Riverside concurs in the vacation of this frontage road, subject to the following conditions: 1) that easements be retained in favor of the City of Riverside, for water lines, for ingress and egress and for well maintenance, all as outlined as condition number one in his letter of protest; 2) that upon completion of this vacation action, that the same area occupied by the frontage road be re-offered for dedication by the developer to the City of San Bernardino, and further that the 12 7/17/89 , . City of San Bernardino accept the dedication conditioned upon the future installation of street improvements within that strip, if they are ever required by the City of Riverside for the independent development of our six acre parcel, and that those improvements be installed at that time at no cost to the City of Riverside; and 3) that the existing 20 foot alley which crosses The Sunset Group's property be ~etained. with these conditions, the City of Riverside withdraw the protest of this vacation. Ms. Patricia Green, Vice-President, The Sunset Group, 225 West Hospitality Lane, San Bernardino, stated that the Sunset Group does agree to the conditions brought forth; however, they are requesting that the City hold the dedication and that it only be accepted at the time, should they default in the next 55 years. Mr. Holsinger stated that City of Riverside would like to accept it after the completion of this is a problem, because the dedicate it and conditionally the street vacation. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the protest hearing for street vacation frontage road, west of Waterman Avenue, south of Caroline Street be continued to Monday, August 7, 1989, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . PERSONNEL ACTIONS - CONTINUED FROM EARLIER IN THE MEETING Pursuant to a memorandum dated July 11, 1989, from Roger C. Defratis, Civil Service Chief Examiner, Council Member Estrada made a motion, seconded by Council Member Reilly, that the Personnel Actions submitted by the Chief Examiner, in accordance with all administrative regulations of the City of San Bernardino, be approved. (9) The motion carried by the following vote: Members Estrada, Reilly, Minor, Pope-Ludlam, Council Members Flores, Maudsley. Absent: None. Ayes: Council Miller. Noes: Mayor Holcomb stated an individual was hired in Public Services/Street Department, this person was a relative to another person in this same department. He stated that in Closed Session discussion took place on nepotism. Under current State law, the City cannot discriminate against any individual qualified for the position, relative or not. City Administrator Julian was instructed to prepare a written policy on nepotism. The policy will be brought back to the Council in the next 30-45 days. . COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - REGULAR MEETING The Regular Meeting of Commission/Redevelopment Agency was Holcomb in the Council Chambers Street, San Bernardino, California. the Community Development called to order by Mayor of City Hall, 300 North "D" 13 7/17/89 , . SET PUBLIC HEARINGS - UDAG APPLICATIONS In a memorandum dated July 12, 1989, Steven H. Dukett, Executive Director, Redevelopment Agency, stated that it was announced by the Department of Housing and Urban Development (HUD) that there were Urban Development Action Grant (UDAG) funds available and that applications had to be received no later than July 31, 1989. HUD requires that there be two (2) public hearings before the applications are submitted. The Public Hearings can be held on the same day, but not at the same time. Mr. Dukett stated that RDA staff is preparing applications for two projects--Sunwest Professional Park in Southeast Industrial Park and Court and "E" in the Central City Project area. (R-4) Mr. Dukett stated that RDA is requesting that two public hearings be set to comply with HUD regulations and to allow the applications to be submitted in a timely manner. The hearings must be held before July 27, 1989, to provide time to file the applications with HUD. If after the public hearings, submission of the application is approved, staff will recommend the adoption of resolutions authorizing the Mayor to execute the application. COUNCIL MEMBER MINOR EXCUSED At 11:15 a.m., Council Member Minor left the Council Meeting. . Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that Motion A and B be approved. A) to set a Public Hearing at 11:00 a.m., on July 24, 1989, to obtain public testimony regarding possible applications for Urban Development Action Grants; and B) to set a Public Hearing at 11:30 a.m., on July 24, 1989 to obtain public testimony with respect to authorizing application for Urban Development Action Grants. ADJOURN MEETING Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that the Redevelopment Agency/Community Development Commission meeting be adjourned to July 24, 1989, at 11:00 a.m. (R-5) COUNCIL MEMBER MINOR RETURNED At 11:25 a.m., Council Member Minor returned to the Council Meeting and took his place at the Council Table. PROTEST HEARING - STREET VACATION - A PORTION OF THAT EAST/WEST ALLEY, NORTH OF 11TH STREET, BETWEEN LUGO AVENUE AND SEPULVEDA This is the time and place set for a protest hearing to discuss the vacation of a portion of that east/west alley, north of 11th Street, between Lugo Avenue and Sepulveda. . 14 7/17/89 , . In a staff report dated, June 20, 1989, Roger Hardgrave, Director, Public Works/City Engineer, indicated that staff had received a request from several of the adjoining owners to vacate a portion of that certain east/west alley, north of 11th Street, between Lugo Avenue and Sepulveda Avenue. This is recommended in an effort to protect residents from speeding cars, drug sales, and other unauthorized/illegal use of the alley. Authorization was given on April 3, 1989, to proceed with the proposed vacation and plan No. 7751 was approved. (15) Mayor Holcomb opened the hearing. RES. 89-248 A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF THAT CERTAIN EAST/WEST ALLEY, NORTH OF 11TH STREET, BETWEEN LUGO AVENUE AND SEPULVEDA AVENUE AND RESERVING A PUBLIC UTILITY EASEMENT THEREIN. City Clerk Clark read the title of the resolution. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the hearing be closed and the Findings of Fact as set forth in the Staff Report from Roger G. Hardgrave, Director of Public Works/City Engineer as to why that certain east/west alley north of 11th Street, between Lugo and Sepulveda, is no longer necessary for street purposes, be adopted; that further reading of the following resolution be waived and said resolution be adopted. . Resolution No. 89-248 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. PROTEST HEARING - VACATION PUBLIC UTILITY EASEMENT BETWEEN CLUSTER AND MILL AND BETWEEN ARROWHEAD AND PERSHING AVENUES This is the time and place set for a protest hearing to discuss the vacation of a public utility easement between Cluster and Mill and between Arrowhead and Pershing Avenues. (16) Mayor Holcomb opened the hearing. No protests were received. RES. 89-249 A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PUBLIC UTILITY EASEMENT, BETWEEN MILL STREET AND CLUSTER AVENUE, AND BETWEEN ARROWHEAD AVENUE AND PERSHING AVENUE. The City Clerk read the title of the resolution. . 15 7/17/89 !!' . Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the hearing be closed; that the Findings of Fact as set forth in the Staff Report from Roger G. Hardgrave, Director of Public Works/City Engineer as to why that certain public utility easement between Cluster Avenue and Mill Street, and between Arrowhead Avenue and Pershing Avenue, is no longer necessary for public utility purposes, be adopted; that further reading of the following resolution be waived and said resolution be adopted. Resolution Council Members Ludl am, Mi 11 er. 89-249 was adopted by the following vote: Estrada, Reilly, Flores, Maudsley, Minor, Noes: None. Absent: None. Ayes: Pope- COUNCIL MEMBER MILLER EXCUSED At 11:30 a.m., Council Member Miller left the Council Meeting. PROTEST HEARING - STREET VACATION - PORTION OF SUNWEST COURT, NORTH OF HOSPITALITY LANE This is the time and place set for a protest hearing to discuss the vacation of a portion of Sunwest Court, north of Hospitality Lane. (17) The Mayor opened the hearing. No protests were received. . RES. 89-250 A BERNARDINO ORDERING SUNWEST COURT, NORTH SAN BERNARDINO. RESOLUTION OF THE VACATION OF HOSPITALITY THE OF LANE CITY OF SAN A PORTION OF IN THE CITY OF City Clerk Clark read the title of the resolution. Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the hearing be closed; that the Findings of Fact as set forth in the staff Report from Roger G. Hardgrave, Director of Public Works/City Engineer as to why a portion of Sunwest Court, north of Hospitality Lane, is no longer necessary for street purposes, be adopted; that further reading of the following resolution be waived and said resolution be adopted. Resolution 89-250 was adopted by the following vote: Council Member Estrada, Reilly, Flores, Maudsley, Minor, Ludlam. Noes: None. Absent: Council Member Miller. Ayes: Pope- . APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS DECISION TO REQUIRE PAYMENT OF $1,991.50 IN ADMINISTRATIVE COSTS RELATIVE TO WORK PERFORMED AT 1395 NORTH "E" STREET This is the time and place set for a hearing to discuss the appeal filed by Rebekah Dexter on the required payment of $1,991.50 in administrative costs relative to work performed at 1395 North "E" Street. 16 7/17/89 , . Ms. Rebekah Dexter, 1395 North "E" street, San Bernardino, stated that she is contesting that the City Building and Safety Department and Freeman Construction Company broke into the building, after she had boarded it up and secured it, and now the City is charging her for boarding it up. She was informed that the reason it was reboarded was because the City Building and Safety Code Compliance Officer stated that it was not secured to City standards. (18) Mr. Larry Reed, Director of Building and Safety, stated that the owner of this property was notified that the property had been broken into. He also stated that the Po~ice Department believed that drug activities were taking place in the building. The owner was then instructed to board up the building in accordance with F.H.A. standards. When Building and Safety officials visited the building again, it was found that the building was not secured properly. The owner had boarded up the building with 1/4" press board nailed into the windows. Once again the building was broken into. Based upon the second visit, Building and Safety authorized Freeman Construction Company to board the building properly. Ms. Dexter gave an explanation of the incidents that occurred. A discussion ensued regarding requirements for a vacant building. the proper boarding . Mr. Reed stated that Dany R. Nolfo, Code Compliance Officer, submitted a memorandum dated April 21, 1989 to Don Hesterley, Code Compliance Supervisor, regarding 1395 North "E" Street/Report Project 3089, Protest. He stated in his memo that on March 28, 1989, an inspection was made by the Code Compliance Division. Upon arrival, the property was found open and vacant with trash and debris allover and transients appeared to be living in the building. On March 31, 1989, a unit Inspection Report was sent to the owner of the property. An abatement purchase order was also sent to Freeman Development on March 31, 1989, which included special instructions. These instructions were to board-up to F.H.A. standards and to leave all trash and debris inside, and to clean the outside only. On April 3, 1989, the Building and Safety Department received a phone call from Mrs. Dexter in regards to the unit Inspection Report, giving zero days to secure. Mr. Nolfo informed Mrs. Dexter that he had received a request from the Police Department to have the property boarded up. Mr. Nolfo informed her that he had contacted the contractor for the City to do the work in a couple of days. She stated that she was going to secure the building. Mr. Nolfo did inform her that the City had definite standards on securing the building. . 17 7/17/89 , . On April 3, 1989, Building and Safety made another inspection at the property and found that someone used a 1/4" chip board to secure the glass windows and a couple of small pieces of a chip board were put across the front door. This was not acceptable to City standards. On April 4, 1989, at 6:50 p.m., the Building and Safety Department called Mrs. Dexter and informed her that the City contractor would proceed to secure the building. Mr. Penman explained that the owner did not properly board up the building to meet the F.H.A. standards and according to the back up information submitted, the City has the authority to do what was done under Section 15.28.140 of the Municipal Code, which gives the building official the authority to use methods at his discretion to accomplish the task. The Mayor directed the allegations by Mrs. Dexter that the property by city employees. Police Department to look into a pizza oven had been stolen from City Attorney companies hired to must be bonded. Penman stated that the City requires that the perform the work must have insurance and they Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the hearing be closed; that the decision of the Board of Building Commissioners be upheld and the appeal denied. . Mr. Reed was directed to prepare a package for property owners notifying them of the F.H.A. standards for boarding a vacant building. This package should be sent to property owners when notifying them that their vacant building needs to be secured and boarded properly. ADJOURN MEETING At 12:07 p.m., Council Member Estrada made a motion seconded by Council Member Reilly and unanimously carried that the Regular Meeting adjourn to the luncheon workshop in the Management Information Center (MIC Room). RECONVENE MEETING At 12:35 p.m., Mayor order in the Management Floor, City Hall, 300 California. Holcomb called the luncheon workshop to Information Center (MIC Room), Sixth North "D" Street, San Bernardino, ROLL CALL Roll Call was taken with the following being present: Mayor Holcomb; Council Member Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: None. . 18 7/17/89 I' . LUNCHEON WORKSHOP - REFUSE RECYCLING AND WASTE TO ENERGY PROPOSALS This is the time and place set for feasibility of refuse recycling and reduction with solid waste disposal. a discussion on the of costs associated (63) In a memorandum dated June 30, 1989, Fred Wilson, to the City Administrator, outlined the cost implementation of a citywide curbside recycling program contract of the County of San Bernardino with Norcal construction of a recovery facility. Assistant for the and the for the Paul Ryan of the San Bernardino County Environmental Health Department gave a presentation regarding the County's policy direction on solid waste disposal and introduced representatives from Norcal Solid Waste which was selected by the County through a RFP process to do a proposal on the County's solid waste disposal. Jim Wunderman concept for solid proposal included facilities. and William Merry of Norcal explained their waste disposal throughout the County. Their transfer stations and refuse recycling Bill Jaycocks and Harrison A. McCoy, Business Development, BLI International, presentation of a recycling facility they answered questions. Vice President for gave a video own in Florida and . Manuel Moreno, Jr., Superintendent of Public Services, answered questions of the Mayor and Council. The Mayor and Council discussed the two proposals. City Administrator Julian Services Moreno agreed to look at to the Council in 60 days. and Superintendent of Public the proposals and report back RECESS MEETING At 1:50 p.m., the Luncheon Workshop recessed to the regular meeting of the Mayor and Common Council of the City of San Bernardino, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECONVENE MEETING At 2:00 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: Holcomb; Council Members Reilly, Flores, Maudsley, Minor, City Clerk Clark; City Administrator Julian. Absent: Members Estrada, Pope-Ludlam; City Attorney Penman. Mayor Miller; counci I . 19 7/17/89 . . APPEAL - PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT NO. 89-12 - CONTINUED FROM JULY 5, 1989 This is the time and place continued to for an appeal filed by the Sorrento Group regarding the Planning Commission's denial of Conditional Use Permit No. 89-12 relative to the sale of beer and wine in a proposed mini market shopping center located at Baseline and "G" streets. (66) At the July 5, 1989, Council meeting, the City Administrator was directed to request the Police Department to submit a list of recommendations to assist in mitigating the concerns they may have. In a memorandum dated July 7, 1989, Donald Burnett, Chief of Police, listed ten suggested conditions for CUP 89-12. COUNCIL MEMBER ESTRADA ARRIVED At 2:05 p.m., Council Member Estrada arrived at the Council Meeting and took her place at the Council Table. CITY ATTORNEY PENMAN ARRIVED At 2:05 p.m., City Attorney Penman arrived at the Council Meeting. Alan Gottlick of the Sorrento Group stated that he has questions on items 8, 9, and 10 in the report from the Police Department. Mr. Gottlick also questioned the three conditions that are placed upon the CUP by the Planning Department. . Mr. Kilger stated that the three conditions implied Planning Department are standard conditions regarding amendments required. by the minor Mr. Gottlick stated that he was not aware of these three conditions. Mr. Kilger recommended that they discuss the three conditions mentioned in the Police Department report first and then he will discuss with Mr. Gottlick the other three conditions the Planning Department is requiring. Mr. Gottlick addressed item number 8 in the Police Department's conditions, requiring that uniformed security be on the premises while alcoholic beverages are being sold. Mr. Gottlick stated that it is unwarranted at this point in time for a shopping center to be required to have uniformed security, as it becomes cost prohibitive not only for the shopping center, but for the tenants. . Item number 9 states no public telephones are to be located anywhere on the exterior portion of the building or parking lot of the proposed business complex. Mr. Gottlick stated that as a convenience to the customers and tenants, they should have the use of telephones on the premises. He suggested that the Council consider establishing some restrictions as to where the telephones should be placed. 20 7/17/89 , . Item number 10 states terminate at 10:00 p.m. on stated that the operator of the Hood direct this matter. that alcoholic beverage sales every business day. Mr. Gottlick proposed mini market, Mr. Jerry Jerry Hood, President of California Mini-Marts, and operator of the proposed mini mart, stated that item number 10 would limit the money intake of the store. He would be happy to agree to a 12:00 a.m. curfew. City Attorney Penman stated that the City Attorney's office enforces a number of Municipal Codes that relate to establishments involved in the sale of alcoholic beverages for off-site consumption. There is a lot of activity in terms of citations for violations of the Municipal Code in the area in question. A discussion ensued regarding the local stores licensed to sell alcoholic beverages. City Attorney Penman answered questions regarding the granting of a CUP conditioned upon review six months later as to the performance. Mayor explained why he felt this development would enhance the area and be productive for the neighborhood. . A discussion ensued regarding the conditions noted on the report submitted by the Police Department. COUNCIL MEMBER At 2:16 p.m., Council Meeting and POPE-LUDLAM ARRIVED Council Member Pope-Ludlam took her place at the Council arrived Table. at the Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam, that the hearing be closed and that the Mayor and Common Council uphold the appeal and approve the CUP No. 89- 12, subject to revised findings of fact and conditions of approval, including those conditions one through ten inclusive as recommended by the Police Department by memorandum dated July 7, 1989, except that condition numbers eight and ten be modified to read as follows: 8. The Mayor and Common Council upon the recommendation of the Chief of Police may consider the requirement for Uniform Security to be on the premises while alcoholic beverages are being sold, after notice to the owner/operator and a public hearing held. 10. Alcoholic beverage sales shall terminate at 10:00 p.m., on every business day. . and all subject to a review in six months from the date of approval. 21 7/17/89 . The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: Council Member Minor. Absent: None. . APPEAL - CONDITIONAL USE PERMIT NO. 89-16 CONSTRUCTION OF ADDITION TO DRIVE-THROUGH RESTAURANT AND PARKING VARIANCE - CONTINUED FROM JULY 5, 1989 This is the time and place continued to for an appeal filed by Carlson Design and Construction Company regarding the Planning Commission's denial of Conditional Use Permit No. 89-16 relative to construction of addition to drive-through restaurant and parking variance located at 477 South "E" Street. (67) A discussion ensued on the findings required when granting a variance. City Attorney Penman explained why it is not possible to legally grant the variance. He stated that this problem can be solved if an ordinance listed under 55-1, which gives the Planning Director authority to provide for minor exception permits to the parking requirements of up to ten percent, is adopted. COUNCIL At 2:40 Meeting. MEMBER POPE-LUDLAM EXCUSED p.m., Council Member Pope-Ludlam left the Council . Bob Merriam with Carlson Anaheim, California, 92805 was Fried Chicken. Design, present Post Office Box 819, to represent Kentucky It was noted that the first reading of the ordinance (55-1) giving the Planning Director authority to grant minor variances for parking, if approved, will be laid over for final reading and would come back to Council at their next meeting for passage. The ordinance would not become effective until after 30 days the ordinance has been executed by the Mayor. It will be about 45 days total before the minor exception permit can be issued for the parking requirements. COUNCIL MEMBER POPE-LUDLAM RETURNED At 2:50 p.m., Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. Mr. Merriam stated that he is able to work within the time frame. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the hearing be closed, that the variance be denied, but that the Mayor and Common Council uphold the appeal, but approve the Conditional Use Permit 89-16 contingent upon the applicant obtaining a minor exception permit to the parking requirements (see next item). . 22 7/17/89 , . ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 19.56.135 TO THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR MINOR EXCEPTION PERMITS TO THE PARKING REQUIREMENTS. (SS-I) City Clerk Clark read the title of the ordinance. In a staff report dated July explained that there is a need to established parking standards to This ordinance allows at ten percent approval of the Planning Director. 14, 1989, the City Attorney allow minor deviations from be granted at a staff level. required standards upon the City Attorney Penman answered questions regarding the wording, "established parking requirements" as used in the staff report, dated July 14, 1989 from Brad Kilger, Planning Director as opposed to the way it is worded in the ordinance, "required parking" and "exceptions to the parking requirements". A discussion ensued regarding the preferred wording to be used in the ordinance. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that said ordinance as amended by interdelineation changing all references of "parking requirements" to "parking standards" that the first reading of the ordinance be waived and said ordinance laid over for final passage as amended. . APPEAL - CONDITIONS OF APPROVAL FOR PARCEL MAP 11421 - GUADALUPE HOMES This is the time and place set for a hearing on an appeal filed by Guadalupe Homes regarding the thirty-six Conditions of Approval submitted by the Planning Commission for Parcel Map 11421 to divide a 3.64 acre site into two parcels. (68) The applicant Guadalupe Homes requests that Common Council reconsider the imposition of these not require them. the Mayor and conditions and COUNCIL MEMBER FLORES EXCUSED At 2:55 p.m., Council Member Flores left the Council Meeting. City Attorney Penman stated that Guadalupe Homes submitted a letter requesting that the hearing be continued to August 21, 1989, so that they can have adequate time to get cost estimates from Edison and others on the costs of the conditions imposed on the parcel map. Council Member Council Member Miller for the appeal from 1989. Pope-Ludlam made and unanimously Guadalupe Homes a motion, seconded by carried, that the hearing be continued to August 21, . 23 7/17/89 I . COUNCIL MEMBER FLORES RETURNED At 3:05 p.m., Council Member Flores returned to the Council Meeting and took his place at the Council Table. READING AND WAIVING OF ORDINANCES ON AGENDA City clerk Clark read the titles of the ordinances on the regular and supplemental agendas. Council Member Pope-Ludlam made a Council Member Estrada and unanimously reading of the ordinances be waived. motion, seconded by carried, that further ORD. MC-666 - ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING SECTION 2.04.020 OF THE SAN BERNARDINO MUNICIPAL CODE, A SECTION DESIGNATING "CIVIL SERVICE RESPONSIBILITIES" OF THE PERSONNEL DEPARTMENT. (56) A discussion ensued regarding said ordinance. Mayor Holcomb stated that the Charter Review Committee is reviewing this matter. He stated that the two positions can be made compatible by getting the Civil Service Board to amend their existing rules. If the Civil Service Board amend their rules there would be a substantial savings to taxpayers. . City Administrator Julian stated that the duplicate personnel system that runs in tandem. He in duplicating the system that is presently used. City has a sees no point A discussion ensued regarding the two personnel systems used. Council Member Reilly made a Member Estrada and unanimously adopted. motion, seconded by Council carried that said ordinance be Ordinance MC-666 was adopted by the Council Members Estrada, Reilly, Flores, Ludlam, Miller. Noes: None. Absent: None. following vote: Ayes: Maudsley, Minor, Pope- ORD. MC-667 - ORDINANCE AMENDING MUNICIPAL CODE SECTION 14.08.110 TO INCREASE FRANCHISE FEE TO FIVE PERCENT AND TO PROVIDE FOR THE VERIFICATION OF FRANCHISE FEES BY THE GRANTOR, THE CITY'S AUTHORITY TO AUDIT, INTEREST ON DELINQUENT PAYMENTS, PASS THROUGH OF FRANCHISE FEES TO . SUBSCRIBERS, AND MEANS TO CHANGE FRANCHISE FEES. (59) Counci 1 Member Member Flores, and adopted. Maudsley made a motion, seconded by Council unanimously carried, that said ordinance be . Ordinance MC-667 Council Member Estrada, Ludlam, Miller. Noes: was adopted the by following Reilly, Flores, Maudsley, None. Absent: None. vote: Ayes: Minor, Pope- 24 7/17/89 . ORD. MC--668 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 10.16.160 RELATING TO DISABLED OR HANDICAPPED PARKING, ADDING SECTION 10.16.220 RELATING TO PARKING UNREGISTERED VEHICLES, ADDING SECTION 10.16.230 RELATING TO PARKING ABANDONED VEHICLES AND ADDING/AMENDING SECTION 10.04.025, 10.04.040, 10.04.070, AND 10.04.095 RELATING TO DEFINITIONS OF ABANDONED VEHICLE, COMMERCIAL VEHICLE, LOADING ZONE AND OFF-STREET PARKING FACILITY OF THE SAN BERNARDINO MUNICIPAL CODE. (57) A discussion ensued regarding abandoned vehicles on private property without the consent of the owner. The wording in the ordinance does not affect tenants renting property. Council Member Pope-Ludlam made a motion, seconded by Council Member Minor, that said ordinance be adopted. Ordinance MC-668 Council Member Estrada, Ludlam, Miller. Noes: was adopted by the following Reilly, Flores, Maudsley, None. Absent: None. vote: Ayes: Minor, Pope- . RELEASE OF FUNDS FOR "CRACKDOWN" ANTI-DRUG PROGRAM In a letter of June 29, 1989, Mr. Ruben Herndon stated that the CRACKDOWN INC., is an innovative anti-drug abuse youth program which originated in the recreation room of a local federal housing project with primary support from the Boys and Girls clubs of San Bernardino. (S-6) Ruben Herndon stated that during the summer months gangs and drug problems accelerate. Because of this, the Crackdown operations has proposed a four month work plan to carry the program out through the summer months. This plan includes four major performances in the City of San Bernardino. This program offers youth active participation in several activities designed to counter their involvement in drug use or drug trafficking. He stated that Crackdown is in need of additional funding to keep the program going through the summer months. CRACKDOWN INC. is requesting that the City allocate one-half, ($30,000) of the needed $60.000 for continuation of this anti-drug program during the critical summer months. Hector Castro spoke about the Crackdown operation and what it means to him. A discussion ensued regarding the need for an in depth review of the funds. Mr. Herndon answered questions regarding where previous funding was obtained to operate this program. . 25 7/17/89 l. _ . Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the request of "CRACKDOWN" for partial funding of an anti-drug program be referred to the Ways and Means Committee for consideration together with other meaningful programs supported by Arts Funding. RECESS MEETING At 3:45 p.m., Mayor Holcomb called for a five-minute recess of the Council meeting. RECONVENE MEETING At 3:57 p.m., Mayor Holcomb called the Regular Meeting of the Mayor and Common Council of the City of San Bernardino to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Council Member Pope-Ludlam. . ORD. MC-669 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 15.04.015, 15.04.020, 15.04.050, 15.04.060, 15.04.070, 15.04.075, 15.04.078, 15.04.080, 15.04.082, 15.04.085, 15.04.087, 15.04.095 AND 15.04.100 OF THE SAN BERNARDINO MUNICIPAL CODE TO ADOPT THE UNIFORM BUILDING CODE, 1988 EDITION, THE UNIFORM BUILDING CODE STANDARDS, 1988 EDITION, UNIFORM HOUSING CODE, 1988 EDITION, UNIFORM SIGN CODE, 1988 EDITION, UNIFORM ADMINISTRATIVE CODE, 1988 EDITION, UNIFORM BUILDING SECURITY CODE, 1988 EDITION, UNIFORM MECHANICAL CODE, 1988 EDITION, UNIFORM PLUMBING CODE, 1988 EDITION, UNIFORM SWIMMING POOL SPA AND HOT TUB CODE, 1988 EDITION, NATIONAL ELECTRICAL CODE, 1987 EDITION, STRUCTURAL WELDING CODE, 1988 EDITION, AND AMENDMENTS THEREON. (58) Larry Reed, Director, Building and Safety, answered questions regarding the fencing requirements. He stated that this ordinance is a routine adoption of the State Building Code. The fence provision is an addition above and beyond the minimum standard of the State Building Code. He stated that Staff's concern is that a number of masonry fences have been built with inadequate footings and as a result, the masonry fences do remain standing. If this ordinance is adopted, this would allow staff to review the construction of any fencing, which would eliminate this from occurring in the future. A discussion ensued regarding which types of front yard fences would require a permit. . Council Member Minor made a motion seconded by Council Member Reilly, that said ordinance be adopted. 26 7/17/89 L__ Ordinance MC-669 was Council Members Estrada, Members Maudsley, Miller. adopted by the following vote: Ayes: Reilly, Flores, Minor. Noes: Council Absent: Council Member Pope-Ludlam. . ORDINANCE OF THE CITY OF SECTION 2.64.050 OF THE SAN RELATING TO FEES FOR APPEALS. SAN BERNARDINO AMENDING BERNARDINO MUNICIPAL CODE (60) In a staff report, dated July 6, 1989, City Attorney Penman stated that the Legislative Review Committee directed ordinance to be presented to the Council, which would impose an appeal fee of $75.00 on appeals submitted to the Council pursuant to Chapter 2.64 of the San Bernardino Municipal Code in order to recover a portion of the cost for processing the appeal. The proposed ordinance would require that the fee of $75.00 be included with the appeal. City Attorney Penman stated that there are a couple of problems with this ordinance. If someone appealed a decision and were successful, they would not be able to get their money back from the appeal. Also if any Council Members wanted to appeal any action that happen, they would have to pay the $75.00. Mr. Penman stated that staff is recommending that this be referred to the Legislative Review Committee. Council Member Maudsley made a motion Member Flores and unanimously carried, that referred to the Legislative Review Committee. seconded by Council said ordinance be . ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 15.08 DEALING WITH LIQUEFACTION AND REQUIREMENTS FOR DEVELOPMENT IN SUSCEPTIBLE AREAS. (61) Council Member Maudsley Member Flores and unanimously laid over for final passage. made a motion, seconded by Council carried, that said ordinance be ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 15.20 REQUIRING A CERTIFICATE OF OCCUPANCY. (62) Larry Reed, Director of Building and Safety stated that the proposed Certificate of Occupancy Ordinance addresses three areas of concern identified by the Mayor and Common Council. The first concern was to make the Certificate of Occupancy regulation more understandable and reasonable to the general public; the second is to provide more regulatory enforcement opportunities in the area of housing and the last is to remove the Department of Building and Safety out of the business of making unnecessary inspections. City Attorney Penman stated that item 62 and S-1 are identical, except S-1 has an urgency clause. . Mr. Reed explained in greater detail the impact of this proposed ordinance. 27 7/17/89 A discussion ensued regarding the changes for obtaining a Certificate of Occupancy. . Larry Reed answered questions regarding temporary Certificates of Occupancy. He stated that a temporary Certificate of Occupancy is issued at the Department's discretion, whenever there are code items that need to be addressed in the building that are not considered to be a health or fire problem. A temporary Certificate of Occupancy would not be issued if there were major health concerns or electrical problems. It was noted that if there is a change in business owners, the new owner will be required to apply for a business license, because of the change in name, but to obtain an updated Certificate of Occupancy, he will be required to produce a Certificate of Occupancy by passing a fire inspection. A discussion ensued regarding the requirements for obtaining a Certificate of Occupancy. It was requested that Larry Reed report back to the Council in six months to a year on how the ordinance for a Certificate of Occupancy is working out. Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, that said ordinance be laid over for final passage. . ORD. MC-670 - ORDINANCE ADDING CHAPTER 15.20 OCCUPANCY AND DECLARING OF THE CITY OF SAN BERNARDINO REQUIRING A CERTIFICATE OF THE URGENCY THEREOF. ( S -1 ) First City Clerk Clark read the title of said ordinance with the urgency clause. Council Member Miller made a motion, seconded by Council Member Maudsley, that the said urgency ordinance be adopted. Ordinance MC-670 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.33.010 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO PROPERTY NUISANCES. (S-4) . In a memorandum dated July 11, 1989, City Attorney Penman stated that Chapter 8.33 of the San Bernardino Municipal Code relates to property nuisances, but is limited to property "used or zoned for commercial or manufacturing purposes". The memo also states that the Mayor has proposed that the requirements of this Chapter be extended to residential property as part of the effort to reduce blight and improve the health and safety of the City. The proposed ordinance deletes the words "used or zoned for commercial or manufacturing purposes: for Section 8.33.010 thereby making the ordinance applicable City wide. 28 7/17/89 . Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried that said ordinance be laid over for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO 2.46.110 TO THE SAN BERNARDINO MUNICIPAL TO COSTS OF LOCAL EMERGENCIES. ADDING SECTION CODE RELATING (S-5) James Penman, City Attorney, State Law, in order to recover emergencies from a corporation, City must have an ordinance. stated that he discovered under the costs relating to local company or individual, that the Council Member Member Flores and laid over for final Maudsley made unanimously passage. a motion, seconded by Council carried, that said ordinance be CLOSURE OF THE AREA "A" COMMUNITY SERVICE OFFICE AT 645 NORTH MT. VERNON AVENUE In a memorandum dated July 11, 1989, Don Burnett, Chief of Police, recommended the closure of the Community Service Office at 645 North Mt. Vernon. (S-7) . Chief of Police Burnett stated that the proposal was made with considerable examination of all the Community Service Offices. He stated that in December, 1987, a study entitled, "An Analysis of Community Oriented Policing in the City of San Bernardino" identified a need to evaluate the placement of the current Community Service Offices. The study recommended that the location of these offices should be based on a site selection criteria which would include actual need, central location, optimal visibility, foot traffic, adequate parking and convenience to the public. The Community Service Office at 645 North Mt. Vernon fails to meet this criteria. Chief Burnett stated the study found that the Victoria and Mt. Vernon office has the least amount of activity over the other Community Service Offices. They also found that the Victoria/Mt. Vernon office is the most expensive to operate. He stated that the Police Department was forced to remove funding for the office at 645 Mt. Vernon Avenue from its proposed 1989/90 FY Budget due to mandated budget cuts. The department currently does not have sufficient funding to continue paying the rent payments for the office. Chief Burnett answered questions regarding the Community Service Office at Meridian/Foothill the cl osing of in Area "e". CITY ATTORNEY PENMAN At 4:40 p.m., City City Attorney Empeno. EXCUSED Attorney Penman was replaced by Deputy . A Service Streets. discussion Office at ensued regarding relocating the Community 645 North Mt. Vernon to Herrington and 5th 29 7/17/89 F Chief Burnett stated that if the Council decides not to go with this recommendation, that the Council should consider the $3,600 that is needed for rent for this Fiscal Year. . The Council discussed the possible relocation of this center to a new project in the area. requested to confirm if there is the new shopping center being Herrington streets. City Administrator Julian was space available at no cost in developed at Mt. Vernon and Council Member Estrada made a motion, seconded by Council Member Miller, that the operation continue as is, and this item be continued to Monday, September 18, 1989, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion was carried by the following vote: Members Estrada, Reilly, Flores, Maudsley, Miller. Member Minor. Absent: Council Member Pope-Ludlam. Ayes: Council Noes: Council AUTHORIZE OUT OF STATE TRAVEL - OFFICER RAY ROCHA TO ATTEND AN AMERICAN NATIONAL CONFERENCE FOR D.A.R.E. In a staff report dated July 12, 1989, Don Burnett, Chief of Police, stated that the San Bernardino City Unified School District is providing funding to train police officers assigned to teach the D.A.R.E curriculum in the schools and requested that Officer Ray Rocha be authorized to attend the training in Chicago on July 25 through 31, 1989. (S-8) . Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that approval be given for Officer Ray Rocha to attend the D.A.R.E. American National Conference to be held in Chicago, Illinois, July 25 through July 31, 1989. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ENDORSING THE PASSAGE OF THE CALIFORNIA DESERT PROTECTION ACT AND URGING THE CALIFORNIA CONGRESSIONAL DELEGATION TO SUPPORT THE ACT. ( S-9) The City Clerk read the title of the resolution. A discussion ensued regarding endorsing this resolution. Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that this resolution be referred to Legislative Review. . AUTHORIZE THE MAYOR TO SIGN HOLD HARMLESS AGREEMENTS WITH UTILITIES. City Attorney Penman submitted a memorandum dated July 13, 1989, stating that in attempting to reduce the various types of nuisances in the City, he has recently been frustrated by the action of some of the utilities refusing to disconnect in accordance with the Municipal Code unless the City agrees to hold them harmless. He is recommending that the Council authorize the 30 7/17/89 Mayor to sign hold where the utilities harmless agreements with utility companies are disconnected pursuant to City request. (S-10) . Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the Mayor be authorized to sign hold harmless agreements with utility companies where utilities are to be disconnected at the City's request. APPROVAL OF CHANGE ORDER NO. 3 - AUTHORIZATION TO INSTALL UNDERGROUND ELECTRICAL SERVICES FOR EVENTS AT SECCOMBE LAKE PARK In a memorandum dated July 7, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that on March 20, 1989, Resolution 89-85 was adopted awarding a contract for construction at Seccombe Lake Park. The addition of underground electrical services and restroom building was approved in principle at the Council meeting of May 15, 1989. (S-2) A discussion ensued regarding the previous change order that was approved two months ago. Roger Hardgrave answered questions regarding previous approval for funding of the underground electrical services. . Council Member Minor made a motion, seconded by Council Member Estrada and unanimously carried, that Change Order No. three to the contract with Marina Contractors Inc., for the construction of Seccombe Lake Park, Phase I-B, in accordance with plan No. 7444, be approved; to authorize the contractor to install underground electrical services for events in the picnic area, at a cost of $27,057.60, increasing the contract price from $2,048,180.32 to $2,075,237.92; and that the transfer of $27,058 from Account No. 243-363-57528, "Patton Park Development - (86 Bond)" Account No. 243-363-57618 "Seccombe Development Phase 1- B", be continued to Monday, August 7, 1989, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Administrator was requested to contact the Redevelopment Agency to have this placed on the Community Development Commission's next agenda for funding under the Redevelopment Agency funds for the Central City East Project Area. CITY CLERK CLARK EXCUSED At 5:10 p.m., City Clerk Clark was replaced by Deputy City Clerk Medina. . APPROVE IN PRINCIPLE DELETION OF EXISTING RAMP - SOUTHBOUND TRAFFIC ON WATERMAN AVENUE TO NORTH OR SOUTHBOUND 1-215 FREEWAY In a memorandum dated July Director of Public Works/City comprehensive project report was construction of new westbound on and 11, 1989, Roger Hardgrave, Engineer, stated that a prepared by Caltrans for the off ramps to Waterman Avenue 31 7/17/89 r . from Route 1-10 Freeway. These ramps will connect to Hospitality Lane at Carnegie Drive. The existing on-ramp was to be left in place to accommodate southbound traffic on Waterman Avenue desiring the Route 1-215 Freeway. Mr. Hardgrave stated that this project report was reviewed and approved by caltrans Headquarters in Sacramento and the Federal Highway Administration. Boyle Engineering was engaged by the City to prepare the plans for this project. Mr. Hardgrave is recommending that the deletion of the existing on-ramp for southbound traffic on Waterman Avenue, to north/south 1-215 freeway be approved. (S-3) Council Member Minor made a motion, Member Estrada, that the deletion of the southbound traffic on Waterman Avenue, Freeway, be approved in principle. seconded by Council existing on-ramp for to north/south 1-215 The motion was carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Minor, Miller. Noes: Council Member Maudsley. Absent: Council Member Pope-Ludlam. RESOLUTION OF THE CITY OF SAN BERNARDINO RENEWING THE COMMITMENT TO COMPLETE DEVELOPMENT OF THE PATTON PARK PROPERTY AND TO DESIGNATE THE PARK DEVELOPMENT FEE FUND, AND THE CITY'S ALLOCATIONS THROUGH STATE AND/OR FEDERAL PARK DEVELOPMENT FUNDS AS POTENTIAL SOURCES FOR FUNDING THE COMPLETION. (Continued from May 15, 1989) (19 ) . Council Member Minor made a motion. seconded by Council Member Flores and unanimously carried, that the said resolution be continued to Monday, September 18. 1989. at 9:00 a.m.. in the Council Chamber of City Hall. 300 North "D" street. San Bernardino, for a public hearing and that it be referred to the Ad Hoc Committee with the requests that County elected officials, the County Chief Administrator, the County Hospital Administrator, and representatives from the Riverside County of Board of Supervisors and Riverside County Hospital officials be invited to the public hearing. COUNCIL MEMBER MILLER EXCUSED At 5:20 p.m., Council Member Miller left the Council Meeting. Council Member Minor made Member Reilly and unanimously resolutions be adopted: a motion, seconded by Council carried. that the following . RES. 89-251 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413, ENTITLED IN PART"A RESOLUTION... ESTABLISHING A BASIC COMPENSATION PLAN...... BY ADDING THE POSITION OF ASSISTANT SUPERINTENDENT OF MAINTENANCE AT RANGE 4139 ($2967- 3913/MO. AND DELETING THE POSITION OF REAL PROPERTY ENGINEER AT RANGE 4146 ($3234 - 3941/MO.) EFFECTIVE JULY 1. 1989. (Continued from July 5. 1989) (20) 32 7/17/89 . RES. 89-252 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION ESTABLISHING A BASIC COMPENSATION PLAN..... BY CHANGING THE TITLES OF SENIOR PARKING CONTROL CHECKER TO PARKING CONTROL SUPERVISOR RANGE 2103 ($1704-2292/MO.), RECREATION CENTER MANAGER I TO COMMUNITY CENTER MANAGER I RANGE 2108 ($1815-2440/MO.), AND RECREATION CENTER MANAGER II TO COMMUNITY CENTER MANAGER II RANGE 2116 ($2003-2693/MO.), EFFECTIVE JULY 1, 1989. (Continued from July 5, 1989) (21) Resolution following vote: Maudsley, Minor. Ludlam, Miller. Nos. 89-251 and 89-252 were adopted by the Ayes: Council Member Estrada, Reilly, Flores, Noes: None. Absent: Council Member Pope- Council Member Minor made a motion, seconded by Council Member Flores, that said resolution be adopted. RES. 89-253 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 991; AND SETTING AND DIRECTING PUBLICATION OF NOTICE OF A TIME AND DATE OF A PUBLIC HEARING. (22b) . Resolution No. 89-253 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor. Noes: None. Absent: Council Members Pope-Ludlam, Miller. Council Member Flores made a motion, seconded by Council Member Minor, that the following resolutions be adopted. RES. 89-254 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 655 ENTITLED IN PART, "A RESOLUTION... DESIGNATING CERTAIN STREETS OR PORTIONS THEREOF AS THROUGH HIGHWAYS...; AND PROVIDING THAT PENNSYLVANIA STREET IS A THROUGH HIGHWAY AT ITS INTERSECTION WITH MAGNOLIA AVENUE. (Continued from July 5, 1989) (23) RES. 89-255 A RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 88-354, ENTITLED IN PART, "A RESOLUTION... APPROVING AND AUTHORIZING EXECUTION AND DELIVERY OF A JOINT POWERS AGREEMENT CREATING THE BIG INDEPENDENT CITIES EXCESS POOL JOINT POWERS AUTHORITY.. . "; DELETING MAYOR EVLYN WILCOX AS THE CITY'S REPRESENTATIVE AND ADDING ARTHUR SCHUBERT AS THE CITY'S REPRESENTATIVE AND JAMES ROBBINS, DEPUTY CITY ADMINISTRATOR AS THE CITY'S ALTERNATE REPRESENTATIVE AND REPEALING RESOLUTION NO. 89-13. (24) . 33 7/17/89 RES. 89-256 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ARNOLD M. STEIN, M.D., RELATING TO MEDICAL SERVICES. (25) . RES. 89-257 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO/REDLANDS SPECIAL OLYMPICS. (26) Resolution Nos. 89-254, adopted by the following vote: Reilly, Flores, Maudsley, Minor. Member Pope-Ludlam, Miller. 89-255, 89-256 Ayes: Counci I Noes: None. and 89-257 were Members Estrada, Absent: Council Council Member Maudsley made a motion, seconded by Council Member Minor, that the following resolutions be adopted. RES. 89-258 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KIDS AGAINST CRIME CHAPTER DEVELOPMENT. (27) . RES. 89-259 AUTHORIZING DEVELOPMENT CITY OF SAN GIRLS CLUB, - RESOLUTION OF THE CITY OF SAN BERNARDINO AND DIRECTING THE EXECUTION OF A COMMUNITY BLOCK GRANT FUNDING AGREEMENT BETWEEN THE BERNARDINO AND SAN BERNARDINO BOYS AND INC. (28) RES. 89-260 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE MORE ATTRACTIVE COMMUNITY FOUNDATION, INC., (HISTORY WALK). (29) RES. 89-261 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE HIGHLAND DISTRICT COUNCIL ON AGING (SENIOR CARE PROGRAM). (30) RES. 89-262 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE YOUNG MEN'S CHRISTIAN ASSOCIATION (POOL RENOVATION). (31) RES. 89-263 AUTHORIZING DEVELOPMENT CITY OF SAN - RESOLUTION OF THE CITY OF SAN BERNARDINO AND DIRECTING THE EXECUTION OF A COMMUNITY BLOCK GRANT FUNDING AGREEMENT BETWEEN THE BERNARDINO AND INLAND MEDIATION BOARD, INC. (32) . 34 7/17/89 . RES. 89-264 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND EASTER SEAL SOCIETY/INLAND AREA HEAD INJURY SUPPORT GROUP. (33) RES. 89-265 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT GRANT BLOCK FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO NEIGHBORHOOD HOUSING SERVICES, INC. (34) Resolution Nos. 89-258, 89-259, 89-260, 89-261, 89-262, 89- 263, 89-264, and 89-265 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor. Noes: None. Absent: Council Members Pope-Ludlam, Miller. Council Member Flores made a motion, seconded by Council Member Minor, that the following resolutions be adopted. RES. 89-266 AUTHORIZING DEVELOPMENT CITY OF SAN - RESOLUTION OF THE CITY OF SAN BERNARDINO AND DIRECTING THE EXECUTION OF A COMMUNITY BLOCK GRANT FUNDING AGREEMENT BETWEEN THE BERNARDINO AND THE FAMILY SERVICE AGENCY. (35) . RES. 89-267 AUTHORIZING DEVELOPMENT CITY OF SAN INC. - RESOLUTION OF THE CITY OF SAN BERNARDINO AND DIRECTING THE EXECUTION OF A COMMUNITY BLOCK GRANT FUNDING AGREEMENT BETWEEN THE BERNARDINO AND SAN BERNARDINO MAIN STREET, (36) RES. 89-268 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND FRAZEE COMMUNITY CENTER (EMERGENCY SERVICES). (37) RES. 89-269 AUTHORIZING DEVELOPMENT CITY OF SAN SHELTER). - RESOLUTION OF THE CITY OF SAN BERNARDINO AND DIRECTING THE EXECUTION OF A COMMUNITY BLOCK GRANT FUNDING AGREEMENT BETWEEN THE BERNARDINO AND BETHLEHEM HOUSE (COMMUNITY (38) RES. 89-270 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ROLLING START, INC. (HELPLINE PROGRAM). (39) . RES. 89-271 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ROLLING START, INC. (DEAF SERVICES). (40) 35 7/17/89 . Resolution Nos. 89-267, 89-268, 89-269, 89-270 and 89-271 were adopted by the following vote: Ayes:. Council Members Estrada, Reilly, Flores, Maudsley, Minor. Noes: None. Absent: Council Members Pope-Ludlam, Miller. RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISIONS TRACT NO. 11291-1 & 3, LOCATED AT THE NORTHWEST CORNER OF PINE AVENUE AND OHIO AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (42) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried that said resolution be continued to Monday, August 7, 1989, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . RES. 89-272 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND OPTION HOUSE, INC. (41) RES. 89-273 A RESOLUTION OF THE CITY OF SAN BERNARDINO INITIATING PROCEEDINGS AND SETTING A PUBLIC HEARING FOR THE PROPOSED ANNEXATION OF THE AREA GENERALLY LOCATED SOUTH OF RIALTO AVENUE, EAST OF TIPPECANOE AVENUE, DESIGNATED LAFCO 2541. (43) RES. 89-274 A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1989-90 ASSESSMENT ROLL FOR THE 1984-1 IMPROVEMENT PROJECT UNDER CHAPTER 27 OF THE IMPROVEMENT ACT OF 1911. (44) RES. 89-275 A RESOLUTION OF BERNARDINO CONFIRMING THE 1989-90 ASSESSMENT DISTRICT NO. 966, FOR DALEY CANYON ROAD, EASTERLY OF CITY OF SAN BERNARDINO. THE CITY OF SAN ASSESSMENT ROLL FOR THE IMPROVEMENT OF CHIQUITA LANE IN THE (45) RES. 89-276 A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1989-90 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 965, FOR THE IMPROVEMENT OF LASSEN STREET, NORTH OF BASELINE STREET IN THE CITY OF SAN BERNARDINO. (46) Resolution Nos. 89-272, 89-273, 89-274, 89-275, and 89-276 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor. Noes: None. Absent: Council Members Pope-Ludlam, Miller. Council Member Flores made a motion, seconded by Council Member Reilly, that the following resolutions be adopted. . 36 7/17/89 . RES. 89-277 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO CONTINENTAL ENERGY SYSTEMS, INC., DBA, DEBIN & ASSOCIATES, FOR FURNISHING AND INSTALLING FILTRATION EQUIPMENT AT NUNEZ PARK SWIMMING POOL. (47) RES. 89-278 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART, "A RESOLUTION... PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF.....; TO ESTABLISH A NO PARKING ANY TIME ZONE ON "E" STREET BETWEEN 340 FEET SOUTH OF MARSHALL BOULEVARD AND 320 FEET NORTH OF MARSHALL BOULEVARD, APPLICABLE TO THE WEST SIDE ONLY; "E" STREET BETWEEN 330 FEET SOUTH OF MARSHALL BOULEVARD, APPLICABLE TO THE EAST SIDE ONLY. (48) RES. 89-279 A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED MAINTENANCE OF LANDSCAPING AND A SEWER LIFT STATION IN THE AREA OF MILL AND MACY STREETS, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 989, ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY. (49) . RES. 89-280 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NOS. 14110 AND 14319, LOCATED SOUTH OF COMMERCIAL ROAD, NORTH OF HARDWICK DRIVE AND WEST OF FOXCROFT LANE, ACCEPTING THE PUBLIC DEDICATION AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (50) RES. 89-281 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A FIVE (5) YEAR LEASE PURCHASE AGREEMENT FOR THE FINANCING OF ONE (1) EACH TRAFFIC PAINT STRIPER, ONE (1) EACH ROTATING DERRICK TRUCK (POLE CAT) AND ONE(l) EACH INTEGRATED TOOLCARRIER (IT LOADER) IN ACCORDANCE WITH LEASE PURCHASE QUOTATION LP 9004. (51) Resolution Nos. 89-277, 89-278, 89-279, 89-280 and 89-281 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor. Noes: None. Absent: Council Members Pope-Ludlam, Miller. Council Member Flores made a motion, seconded by Council Member Reilly, that the following resolutions be adopted. RES. 89-282 - RESOLUTION OF THE CITY OF APPROVING THE DESTRUCTION OF CERTAIN PURCHASING AND STORES DIVISION. SAN BERNARDINO RECORDS BY THE (52) . 37 7/17/89 . RES. 89-283 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO IDAHO NORLAND CORPORATION FOR THE FURNISHING AND DELIVERY OF ONE (1) EACH TRAFFIC PAINT STRIPER, TO BE UTILIZED BY THE PUBLIC WORKS ENGINEERING DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-89-27. (53) RES. 89-284 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO GEORGE CHEVROLET FOR THE FURNISHING AND DELIVERY OF ONE (1) EACH TRUCK AND ROTATING DERRICK (POLE CAT), TO BE UTILIZED BY THE PUBLIC BUILDINGS DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-89-26. (54) Resolution Nos. the following vote: Flores, Maudsley, Minor. Pope-Ludlam, Miller. 89-282, 89-283 and 89-284 Ayes: Council Members Noes: None. Absent: were adopted by Estrada, Reilly, Council Members A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE QUITCLAIMING OF RIGHTS-OF-WAY WITHIN LOT 9, ARROWHEAD SUBURBAN FARMS, TRACT NO. "A". (55) Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be continued to Monday, July 24, 1989, at 11:00 a.m., in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. . COUNCIL MEMBER MILLER RETURNED At 5:35 p.m., Council Member Miller returned to the Council Meeting and took her place at the Council Table. AUTHORIZE SALE OF CITY OWNED PARCELS AT THE FOLLOWING LOCATIONS: 181 SOUTH "G" STREET; 3250 HARRISON AND THE TRANSFER OF PROPERTY AT GARNER AND OLIVE TO WATER DEPARTMENT Roger Hardgrave, Director of Public Works/City Engineer, submitted a memorandum dated June 12, 1989, stating that on December 12, 1988, the Ways and Means Committee recommended that surplus City owned parcels be considered for sale with the exception of 181 South "G" Street, 3250 Harrison Street and Garner and Olive which belongs to the Water Department. (64) Before the remainder of the properties can be sold, it is necessary to obtain title reports and formal outside appraisal reports on those parcels, which will cost an estimated amount of $6,000. After these items are obtained, the next step will be to obtain authorization to secure bids as previous attempts to sell the properties were unsuccessful, Mr. Hardgrave recommended that a real estate broker's commission be paid and the property listed through multiple listing. . Deputy City Attorney Empeno requests that if the Council wishes to take action on this matter that it be continued until the City Attorney's office has an opportunity to evaluate it. 38 7/17/89 . Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that authorization to sell City-owned parcels at 181 South "G" Street and 3250 Harrison and the transfer of property at Garner and Olive to the Water Department be continued to Monday, August 21, 1989, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. HIGHLAND HILLS LAWSUIT - ADD TO CLOSED SESSION Deputy City Attorney Empeno stated that he would like to add an item to the Supplemental Agenda. He distributed a memorandum dated July 17, 1989 to the Mayor and Common Council requesting that the Mayor and Common Council add the following case to the list of cases to be discussed under Supplemental Agenda Item #S- 11, pending litigation. (S-11) Save San Bernardino. an unincorporated association. v. City of San Bernardino. et al. and Hiqhland Hills Properties. et al.. Real Parties-In-Interest. San Bernardino Superior Court No. 250425. Council Member Miller made Member Flores and unanimously above be added to Item #S-11 for a motion, seconded by Council carried that the case mentioned Closed Session. . RECESS MEETING - CLOSED SESSION At 5:40 p.m.. Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that the Common Council recess to Closed Session for the following: To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(b)(I). as there is significant exposure to litigation; (69) To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(c), so that Council may decide whether to initiate litigation; (70) To consider personnel matters pursuant Section 54957. to Government Code (71) Pursuant to Government Code with its attorney regarding pending initiated formally to which the City Section 54956.9(a) to confer litigation which has been is a party as follows: City of Manaqement Inc.. Case No. 238755; San Bernardino vs. California Construction et al - San Bernardino Superior Court saldecke. et al vs. City of San Bernardino. et al - San Bernardino Superior Court Case No. 236836; . Cable Lake Association vs. City of San Bernardino - San Bernardino Superior Court Case No. 239649; 39 7/17/89 city of San Bernardino Baseball Club. Inc. - San 239193; vs. San Bernardino vs. San Bernardino Bernardino Superior Court Case No. . Stubblefield Bernardino. et al 232998; Construction Company. et al vs. City of San San Bernardino Superior Court Case No. Juan Manuel Sanchez vs. City of San Bernardino - United States District Court Case No. CV87-2291 AWT (Bx); Charles H. Brown vs. City of San Bernardino - San Bernardino Superior Court Case No. 243087; Sock Dawson. et al vs. City of San Bernardino. et al -United States District Court - Case No. SA 88-461 AHS (RWRx); Barron/Alcarez vs. city of San Bernardino Superior Court Case No. 241692; San Bernardino Barratt, Inc.. vs. City of San Bernardino - San Bernardino Superior Court Case No. 242433; Reynolds vs. City of San Bernardino -San Bernardino Superior Court Case No. 248752; Walker. Ruby vs. City of San Bernardino - San Bernardino Superior Court Case No. 237618; . CLOSED SESSION At 5:42 p.m., Mayor Holcomb called the Closed order in the Conference Room of the Council Chambers, 300 North "D" Street, San Bernardino, California. Session to City Hall, ROLL CALL Roll Call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; Deputy City Attorney Empeno, City Administrator Julian. Absent: Deputy City Clerk Medina, Council Member Pope- Ludlam. CITY ATTORNEY PENMAN ARRIVED At 5:50 p.m., City Attorney Penman arrived in the Closed Session. ADJOURN CLOSED SESSION At 6:00 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE REGULAR MEETING At 6:00 p.m., Mayor Holcomb reconvened the in the Council Chambers, City Hall, 300 North Bernardino, California. Regular Meeting "D" Street, San . 40 7/17/89 . ROLL CALL Roll Call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman, Deputy City Clerk Medina, City Administrator Julian. Absent: Council Member Pope-Ludlam. ADJOURNMENT At 6:05 p.m., Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the meeting be adjourned to 11:00 a.m., Monday, July 24, 1989 in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. SHAUNA CLARK City Clerk By v!tmd~1r/fdtntlJ Deputy City Clerk . No. of Items: 80 No. of Hours: 8 . 41 7/17/89 4