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HomeMy WebLinkAbout12-18-1989 Minutes . . . City of San Bernardino, California December 18, 1989 The Regular Meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Pro Tempore Reilly at 8: 45 a.m., Monday, December 18, 1989, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Reese with the following being present: Mayor Pro Tempore Reilly; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, Deputy City Clerk Reese, City Administrator Julian. Absent: Mayor Holcomb; Council Member Estrada. RECESS MEETING - CLOSED SESSION At 8:45 a.m., Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the Mayor and Common Council and Community Development Commission recess to closed session for the following: (1 & S-6) a. to give instruction to the CitY's/Commission's negotiator on the purchase of property pursuant to Government Code Section 54956.8. The real property which the negotiations concern is generally located at: ; b. to consider personnel matters pursuant to Government Code Section 54957; c. to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6; (Fire negotiations/other labor matters) d. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities pursuant to Government Code Section 54957. e. attorney regarding pending Government Code Section is significant exposure to to confer with the litigation pursuant to 54956.9(b)(1), as there litigation; 1 12/18/89 . f. to confer with the attorney regarding litigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending Section decide g. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section 54956.9(a) as follows: City of San Bernardino vs. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239193; Stubblefield Construction Companv. et al vs. Citv of San Bernardino. et al - San Bernardino Superior Court Case No. 232998; Juan Manuel Sanchez vs. City of San Bernardino - United States District Court Case No. CV87-2291 AWT (Bx); Charles H. Brown vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 243087; Sock Dawson. et al vs. Ci tv of San Bernardino. et al- United States District Court Case No. SA 88-461 AHS (RWRx); . Barron/A1carez vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 241692; Reynolds vs. City of San Bernardino Superior Court Case No. 248752; San Bernardino Dudlev Brewster. et al vs. Southern Pacific Railroad. et al - San Bernardino Superior Court Case No. 249736; Save San Bernardino vs. Citv of San Bernardino San Bernardino Superior Court Case No. 250425; Brenda Anderson vs. City of San Bernardino - San Bernardino Superior Court Case No. 243039; C.F.B. Investments. Ltd. vs. Citv of San Bernardino - United States District Court - Case No. SA CV89-862 JSC (RWRx); Ronald W. Haslam and Mrs. Ronald W. Haslam vs. City of San Bernardino - San Bernardino Superior Court Case No. 250949; Valenzuela vs. Citv of San Bernardino. et al San Bernardino Superior Court Case No. 242137; . 2 12/18/89 . . . Fink vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 237134~ Navarette vs. Citv of San Bernardino - Los Angeles Superior Court Case No. C702398~ Southern Pacific Transportation Co. vs. Board of Eaualization. et al - San Francisco Superior Court Case No. 877359 CLOSED SESSION At 8:45 a.m., Mayor Pro Tempore Reilly called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D", Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Pro Tempore Reilly~ Council Members Reilly, Flores, Maudsley, Minor, Miller~ Sr. Assistant City Attorney Barlow~ City Administrator Julian. Absent: Mayor Holcomb~ Council Members Estrada, Pope-Ludlam~ Deputy City Clerk Reese. City City Also present were: Assistant City Attorney Brue~ Deputy Attorney Empeno~ Margaret Scroggin, Operations Supervisor, Attorney's office. MAYOR HOLCOMB ARRIVED AT THE CLOSED SESSION Mayor Holcomb arrived at the closed session. READING Deputy resolutions agendas. OF RESOLUTION AND ORDINANCES City Clerk Reese read the titles and ordinances on the regular and of all the supplemental COUNCIL MEMBER ESTRADA ARRIVED AT THE CLOSED SESSION At 8:48 a.m., Council Member Estrada arrived at the closed session. COUNCIL MEMBER POPE-LUDLAM ARRIVED AT THE CLOSED SESSION Council Member Pope-Ludlam arrived at the closed session. DEPUTY CITY CLERK REESE ARRIVED AT THE CLOSED SESSION Deputy City Clerk Reese arrived at the closed session. ADJOURN CLOSED SESSION At 9:30 a.m., the closed session was adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino, California. 3 12/18/89 . RECONVENE MEETING At 9:30 a.m., Mayor Holcomb called the Regular Meeting of the Mayor and Common Council to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, pope-Ludlam, Miller; Senior Assistant City Attorney Barlow; Deputy City Clerk Reese, City Administrator Julian. Absent: None. INVOCATION The invocation was given by Phil Arvizo, Executive Assistant to the Council, and Rev. Gertrude Whetzel of God's Great Cause. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Estrada. . ANNOUNCEMENTS BY MAYOR Mayor Holcomb referred to articles in The Sun newspaper which gave a very negative image of San Bernardino, rather than focusing on the many good things that are happening in the City. He also stated that more space is given to news stories of surrounding communities than to San Bernardino. (2) Mayor Holcomb referred to an article in the Perspective Section of The Sun written by Editor Arnold Garson, in which several subjects were covered. Mr. Holcomb stated he was particularly offended by the statement that one of the reasons Campus Crusade for Christ was leaving the San Bernardino area was a desire for better schools. He felt that San Bernardino has great schools and challenged Mr. Garson to visit some of the schools to see the quality of education provided in this City. COMMENDATION - KIDS AGAINST CRIME Lorraine Velarde, Executive Assistant to the Mayor, read a resolution of the Mayor and Common Council commending Kids Against Crime for their outstanding efforts in helping clean up the City by painting over grafitti throughout the City. (4) Linda Warsaw, founder of Kids Against Crime was present to accept the commendation from Mayor Holcomb. COMMENDATION SAN GORGONIO HIGH SCHOOL SPARTANS FOOTBALL TEAM Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending the San Gorgonio High School Spartans Football team for their outstanding performance in the CIF Championship. (4) . 4 12/18/89 . Mayor Holcomb presented each team member a resolution of commendation. CODE COMPLIANCE OFFICERS - SWEARING IN CEREMONY Lorraine Velarde, Executive Assistant to introduced the City's code compliance officers, they were all dressed in the new uniforms. the Mayor, and indicated (4) Larry Reed, Director of Planning/Building & Safety, gave the oath of office to the code compliance officers. AWARD OF SERVICE PINS Lorraine Velarde, Executive Assistant to the Mayor, read the names of employees receiving service pins awards. Each employee received a service pin from Mayor Holcomb in gratitude for his/her years of dedicated .service to the City (5) PUBLIC COMMENTS - MARLIN BROWN - BOARD OF EDUCATION Marlin Brown, President of the San Bernardino City Unified School District Board of Education, spoke regarding the remarks by Campus Crusade for Christ regarding the City schools. He explained that the School District and Campus Crusade did not always see eye-to-eye over religious training in the schools' jurisdiction, but stressed the excellence of the local schools. (3) . Mr. Brown stated that San Bernardino High School won the academic decathlon in competition with thirty-three other schools in the County and gave examples of excellence in various other schools. He stated that reporters from The Sun tend to report bad news about the schools rather than the good things. PUBLIC COMMENTS - LARRY HARVEY Mr. Larry Harvey, 592 W. 34th Street, San Bernardino, spoke regarding the negative remarks the San Bernardino School District has received from The Sun. He stated that the schools have improved academically and many great things have been occurring in the City. He specifically mentioned the restoration of the Miles House as being a positive event. (3) PUBLIC COMMENTS - DAVE LIGHT Mr. Dave Light, 1165 E. 27th Street, San Bernardino, spoke regarding negative comments regarding the City in The Sun. He accused The Sun and the Gannett organization of "city-bashing". He suggested that the paper start writing positive articles about the many good things occurring in the City of San Bernardino. (3) . APPOINTMENT - JUDITH JORDAN - PLANNING COMMISSION Mayor Holcomb announced that in closed session, the Council approved his appointment of Judith Jordan, 821 North Road, San Bernardino, CA 92404, to the Planning Commission. 5 12/18/89 . The motion was made by Council Member Estrada, seconded by Council Member Miller and carried by the following vote: Ayes: Council Members Estrada, Reilly, Minor, Miller. Noes: Council Members Flores, Maudsley, Pope-Ludlam. Absent: None. RECESS MEETING - TEN MINUTE BREAK At 10:20 a.m., the Mayor declared a ten minute break. RECONVENE MEETING At 10:30 a.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Reese with the following being present: Mayor Holcomb; Council Members Reilly, Maudsley, Minor, Pope-Ludlam; Senior Assistant City Attorney Barlow, Deputy City Clerk Reese, City Administrator Julian. Absent: Council Members Estrada, Flores, Miller. . APPROVAL OF COUNCIL MINUTES OCTOBER 25, 1989; NOVEMBER 20, 1989; NOVEMBER 30, 1989; DECEMBER 7, 1989 Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the minutes of the meetings of the Mayor and Common Council of the City of San Bernardino held on October 25, 1989, November 20, 1989, November 30, 1989, and December 7, 1989, be approved as submitted in typewritten form: (7) PERSONNEL COMMITTEE REPORT - DECEMBER 7, 1989 Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the report from the Personnel Committee, dated December 7, 1989, be received and filed. The following items were on the agenda: (8) a. Establishment of new position - Recreation Therapist, Parks, Recreation and Community Services. b. Proposed organizational changes and staffing of newly combined Planning and Building Department. c. Fill vacant Deputy City Attorney position. COUNCIL MEMBERS ESTRADA, FLORES AND MILLER RETURNED Council Members Estrada, Flores and Miller returned to the Council meeting and took their places at the council table. LEGISLATIVE REVIEW COMMITTEE - DECEMBER 7, 1989 Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the report from the Legislative Review Committee held December 7, 1989, be received and filed. The following items were on the agenda: (9) . a. Sign ordinances. 6 12/18/89 . b. c. d. e. Resolution of the City of San Bernardino supporting the California Desert Protection Act. Proposed ordinance for the collection of cost in investigation and prosecution of crimes. Swearing of witnesses who testify before the Mayor and City Council. Proposed ordinance regulating shopping carts. A discussion ensued regarding the Legislative Review agenda items c. and d. WAYS AND MEANS COMMITTEE - DECEMBER 11, 1989 Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the report from the ways and Means Committee meeting held December 11, 1989, be received and filed. The following items were discussed: (10) Presentation by Southern California Gas Co. regarding natural gas vehicles. Request for funding San Bernardino Black Culture Foundation. Request for funding for victim support services. Release of funds "Crackdown" anti-drug program. Request for funding - Roosevelt Bowl. Approve use of CDBG funds to finance the installation of highway safety lighting on: "D" Street, from 5th Street to Baseline Street; 5th Street, from "H" Street to "F" Street, and Arrowhead Avenue, from 5th Street to Baseline Street (oral report by Roger Hardgrave). Waiver of fees for Miss San Bernardino Pageant. Resolution authorizing the execution of a sign lease with Gannett Outdoor Co. relating to certain real property situated at the confluence of 4th Street. A discussion ensued regarding Ways and Means Committee items b. and f. It was suggested that CDBG funds should be used to assist the poor, rather than for street lighting. a. b. c. d. e. f. . g. h. City Administrator Julian stated that since many items on the Council committee reports are still under consideration at the time they appear on the Council agenda, it becomes confusing as to what action is to be taken. He recommended that the committee reports not be included on the Council agenda in the future, but that they be distributed to the Mayor and Council separately for study. CLAIMS AND PAYROLL Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the claims and payrolls and the authorization to issue warrants as listed on the memorandum dated December 6, 1989, from the Director of Finance, be approved. (11) 7 12/18/89 . . PERSONNEL ACTIONS Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the personnel actions dated December 8, 1989, submitted by the Chief Examiner in accordance with all administrative regulations of the City of San Bernardino, be approved. (12) RES. 89-487 - RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES (ABANDONED VEHICLES) ON SAID PROPERTIES. (13) Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 89-487 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. WAIVING OF THE RESOLUTIONS AND ORDINANCES Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that further reading of all resolutions and ordinances on the regular and supplemental Agendas be waived. . ENCROACHMENT FEE FOR UTILITY LANE CLOSURE - CONTINUED FROM DECEMBER 7, 1989 In a memorandum dated December 6, 1989, Manuel P. Moreno, Jr., Director of Public Services presented an urgency ordinance and resolution relating to an encroachment fee for utility lane closures. (49) AN URGENCY ORDINANCE OF THE CITY OF SAN ADDING SECTION 12.04.055 TO THE SAN MUNICIPAL CODE RELATING TO AN ENCROACHMENT LANE CLOSURE. BERNARDINO BERNARDINO FOR UTILITY (49) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING AN ENCROACHMENT FEE FOR UTILITY LANE CLOSURE. (49) Mayor Holcomb stated that utility companies cooperative and have kept lane closures to recommended that the urgency ordinance and continued to February 5, 1990. have been a minimum resolution very and be . Council Member Minor made a motion, seconded by Council Member Estrada and unanimously carried, that the urgency ordinance and resolution regarding the encroachment fee for utility lane closure be continued to February 5, 1990, in the 8 12/18/89 . . . Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. MC-691 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 12.92 TO REQUIRE THE CONSTRUCTION AND MAINTENANCE OF SIDEWALKS AND CURBS AND TO PROVIDE PROCEDURES FOR ASSESSMENT OF COSTS INCURRED BY THE CITY. (Continued from December 4, 1989) (FINAL) (14) (See Item 29, page 46) Council Member Minor made a motion, seconded by Council Member Estrada, that said ordinance be adopted. Ordinance MC-691 was adopted by the following vote: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Ludlam, Miller. Noes: None. Absent: None. Ayes: Pope- MC 692 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 5.82.020 AND 5.82.030 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO OPERATORS PERMITS. (FINAL) (15) Council Member pope-Ludlam made a motion, seconded by Council Member Flores, that said ordinance be adopted. Ordinance MC-692 was adopted by the following vote: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Ludlam, Miller. Noes: None. Absent: None. Ayes: pope- ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 5.04.355 AND 5.82.260 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO BUSINESS PERMITS FOR FORTUNE TELLING AND THE TERM OF BUSINESS PERMITS. (FIRST)- (16) Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that said ordinance be laid over for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS 18.04.050 AND 19.02.030 AND AMENDING SECTIONS 18.80.010 AND 19.82.030 TO THE SAN BERNARDINO MUNICIPAL CODE, AND ESTABLISHING CRIMINAL VIOLATIONS FOR NONCOMPLIANCE OF CONDITIONS OF SUBDIVISION MAPS, CONDITIONAL USE PERMITS, AND OTHER PERMITS. (FIRST) (17) Council Member Miller made a motion, seconded by Council Member Flores, that said ordinance be laid over for final passage. 9 12/18/89 . The motion carried by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, pope-Ludlam, Miller. Noes: Council Member Reilly. Absent: None. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 10.52.040 OF THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING A SPEED ZONE ON ORANGE STREET OF FORTY- FIVE MILES PER HOUR BETWEEN HIGHLAND AVENUE AND PIEDMONT DRIVE. (FIRST) (18) ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 10.52.020 OF THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING A SPEED ZONE ON "K" STREET OF THIRTY-FIVE MILES PER HOUR BETWEEN MILL STREET AND RIALTO AVENUE. (FIRST) (19) Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that said ordinances be laid over for final passage. SR. ASSISTANT CITY ATTORNEY BARLOW EXCUSED Sr. Assistant City Attorney Barlow left the Council meeting and was replaced by Deputy City Attorney Empeno. . ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SUBSECTION 5.04. 425F REQUIRING A BUSINESS LICENSE FOR LEASING OR RENTING RESIDENTIAL PROPERTY. (FIRST) (20) Deputy City Attorney Empeno explained that said ordinance is a new version of a previous ordinance that contained both the residential property references and provisions relating to astrology, palmistry and phrenology. These latter provisions have been removed and placed in a separate ordinance that also received first reading at this meeting. Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that said ordinance be laid over for final passage. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413, ENTITLED IN PART "A RESOLUTION . . . ESTABLISHING A BASIC COMPENSATION PLAN . ", BY IMPLEMENTING SALARY ADJUSTMENTS EFFECTIVE JANUARY 1, 1990. (Confidential employees) (21) RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413, ENTITLED IN PART "A RESOLUTION. . . ESTABLISHING A BASIC COMPENSATION PLAN . ", BY IMPLEMENTING SALARY ADJUSTMENTS EFFECTIVE JANUARY 1, 1990. (Management employees) (21) . 10 12/18/89 . REPORT FROM SPECIAL PERSONNEL COMMITTEE MEETING - DECEMBER 14,' 1989 The report of the special Personnel Committee, dated December 14, 1989, indicated that one item had been discussed: Salary for the positions of City Attorney, City Clerk, City Treasurer, City Administrator, Community Development Director, Facilities Management Director and Facilities Maintenance Superintendent. The committee unanimously recommended the salaries as follows: City Attorney, Range 4532 - $7,658; City Clerk, Range 4488 - $6,149; City Treasurer, Range 4461 - $5,374. (S-7) City Administrator Julian answered questions, stating that the recommended salary adjustments are a result of a salary survey conducted for management and confidential employees. It was recommended that this resolution be continued to the meeting of January 8, 1990, to allow the City Administrator to obtain the current salary range and proposed percentage increase for each elected official. Mr. Julian answered questions regarding the salaries for the newly created positions of Facilities Management Director and Facilities Maintenance Superintendent. He explained that salaries were not increased at the time the job titles were established. . Council Member Miller made a motion, seconded by Council Member Maudsley, that said resolutions and Special Personnel Committee meeting report be continued to January 8, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (The two resolutions, Item 21, were reconsidered later in the meeting. (See page 32) The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Noes: Council Member Minor. Absent: None. Council Miller. PUBLIC HEARING - ASSESSMENT DISTRICT NO. 985 - PROPOSED CHANGES IN IMPROVEMENTS In a memorandum dated November 28, 1989, Roger Hardgrave, Director, Public Works/City Engineer, explained the procedure for the adoption of the necessary resolutions to implement Assessment District No. 985. He stated there would be two hearings, and the adoption of three resolutions. (43) Mayor Holcomb opened the hearing. . 11 12/18/89 . RES. 89-488 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ORDERING CHANGES IN THE PROPOSED IMPROVEMENTS AND IN THE AMOUNT OF THE ESTIMATED COST THEREOF AND IN THE ASSESSMENT AND TO DECREASE THE ASSESSMENTS ON CERTAIN PARCELS OF PROPERTY, AND APPROVING MODIFICATIONS IN THE REPORT OF THE ENGINEER OF WORK TO INCLUDE SUCH CHANGES. (ASSessment District No. 985 Industrial Parkway Improvement District) Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the hearing be closed; that further reading of the resolution be waived; and said resolution be adopted. Resolution No. 89-488 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. . PROTEST HEARING AND RESOLUTION - PROPOSED IMPROVEMENTS IN ASSESSMENT DISTRICT NO. 985 CONTINUED FROM NOVEMBER 6, 1989 In a memorandum dated September 26, 1989, Roger Hardgrave, City Engineer, requested the adoption of the resolution modifying and confirming the assessment and ordering the improvements. He explained that a Notice of Improvement was posted on streets within the proposed district on September 15, 1989, and a Notice of Improvement was mailed to each property owner in the proposed district on September 15, 1989. On September 22, said notice was published in The Sun newspaper. (44) No protests have been received. Mayor Holcomb opened the hearing. RES. 89-489 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MODIFYING AND CONFIRMING ASSESSMENT AND ORDERING CONSTRUCTION OF IMPROVEMENTS. (Assessment District No. 985- Industrial Parkway Improvement District) (44) Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the protests, if any, be overruled, the hearing be closed, and a finding and determination be made that the public convenience and necessity require the proposed improvements in Assessment District No. 985; and that further reading of the resolution be waived, and said resolution be adopted. . Resolution No. 89-489 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. 12 12/18/89 . RESOLUTION NO. 10584 ENTITLED IN PART "A RESOLUTION . . . ESTABLISHING . . . E;MPLOYER-EMPLOYEE RELATIONS . . ." (Continued from December 4, 1989) (22) RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 10585. (Continued from December 4, 1989) (23) City Administrator Julian stated that these resolutions amend the meet and confer provisions established in 1971, which provided that five city employees meet with labor representatives regarding employee conditions, usually only once or twice a year. Recent court decisions have indicated that anything affecting employee benefits, working rules, conditions of a job, is a subject for meet and confer, which increases the number of meetings. Therefore, it has been recommended that the number of City representatives be changed from five to three when considering working rules. . COUNCIL MEMBER FLORES EXCUSED Council Member Flores left the Council meeting. Brian Hagman, Union Representative of AFSCME, stated that he tentatively agreed with the new language in the resolution and would recommend approval. However, he requested that the members of the union be allowed to vote on the proposed changes. Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that Resolution Nos. 10584 and 10585 be continued to January 8, 1990 in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Mayor Holcomb instructed the City Administrator to obtain from each department a list of all the meet and confer meetings held last year and the total man hours spent on each meeting. COUNCIL MEMBER FLORES RETURNED Council Member Flores returned to the Council meeting and took his place at the council table. RES. 89-490 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH GERALD M. NEWCOMBE TO ASSUME RESPONSIBILITY FOR THE OVERALL MANAGEMENT AND OPERATION OF THE CITY OF SAN BERNARDINO FIRE DEPARTMENT DURING THE PERIOD OF RECRUITMENT AND SELECTION PROCESS. (24) Council Member Miller made a motion, seconded by Council Member Reilly, that said resolution be adopted. . 13 12/18/89 , . Resolution No. 490 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Miller. Noes: Council Members Minor, Pope-Ludlam. Absent: None. Council Members Minor and Pope-Ludlam indicated that their no votes were not a reflection on Mr. Newcombe, but indicated their disapproval of the process. RES. 89-491 - RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THE AMOUNT OF IN-LIEU PAYMENTS FOR PARKING SPACES WITHIN THE CENTRAL CITY PARKING DISTRICT, AS REQUIRED BY SBMC 19.56. (25) City Administrator Julian answered questions regarding the reduction of in-lieu payments for parking spaces within the Central City Parking District. He stated that the basis for this is the hope of constructing two additional parking structures within the Parking District. Mayor Holcomb stressed the need for additional downtown parking. . Mr. Wilson, Assistant to the City Administrator, explained provisions of the incentive program to assist in the development of the downtown area by providing additional parking. Council Member Miller made a motion seconded by Council Member Minor, that said resolution be adopted. Resolution No. 89-491 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Minor, Miller. Noes: Council Members Maudsley, Pope-Ludlam. Absent: None. IMPASSE HEARING - FIRE FIGHTERS This is the time and place set fire fighters impasse. for a hearing regarding the (46) Mayor Holcomb opened the hearing. Gordon Johnson, Director of Personnel, explained the background of the meetings between representatives of the City and of the Fire Fighters Association that were held in October and November, 1989, seeking to obtain an agreement on a new MOU. It was determined that an impasse had been reached. Tom Parlett, President of the San Bernardino/Rialto Fire Fighters Local 891, 1505 North "D" Street, Suite 16, San Bernardino, was present and introduced Mr. Allen Simpson, Secretary /Treasurer of the San Bernardino/Rial to Fire Fighters Local 891. . 14 12/18/89 . . . Mr. Parlett explained that the City had declared the impasse and that the fire fighters were still working under a MOU that had been in effect from August, 1984, until November, 1988. During that time there had been only modest increases in benefits. He commended Gordon Johnson on the talks with the City's negotiators, which were very cordial and proper in nature. Mr. Parlett presented the last counter offer by the union which included references to PERS contributions by the City, health insurance benefits, paramedic bonus, sick-time buy-out, vacation, enhanced retirement benefits and other insurance. Mr. Allen Simpson presented charts and graphs comparing San Bernardino fire fighters' duties and benefits with those of other cities. He explained that the City's fire fighters' benefits are still very low compared to other cities. He also spoke of the many fire fighters who received their training in the San Bernardino Fire Department, then moved on to other cities to receive higher wages and better benefits. Mr. Parlett referred to the petition which was filed with the City Clerk regarding the benefits of Fire and Police. He explained that it did not qualify for the general election, as the necessary number of signatures were not received. He explained that because of the irregular boundaries of the City, some people who signed the petition were unsure if they lived within the City limits. It was agreed that this matter would be considered in closed session. (See page 48) APPEAL HEARING - WEED ABATEMENT ASSESSMENT - BELLEVIEW AND MT. VERNON STREETS - NIEL NATHASON - CONTINUED FROM DECEMBER 4, 1989. In a memorandum dated November 27, 1989, Manuel Moreno Jr., Director of Public Services, explained that a "Notice to Clean Premises" was mailed to Mr. Nathason regarding property located at Bel1eview and Mt. Vernon. The parcel required hand work and hauling to remove debris, which was done during the month of August, 1989. The total cost was $1,216.00. (45) Mayor Holcomb opened the hearing. Mr. Niel Nathason, 215 So. Guadalupe, Redondo Beach, explained that he had hoped to build a duplex on the property he owns at Belleview and Mt. Vernon Streets, but the property had been rezoned for commercial use, so he could not proceed with those plans. He stated that he felt the response time to notices from the City regarding weed abatement was not adequate. He also complained that the charge of $1,216 was excessive. 15 12/18/89 . He stated he had the lot cleaned in April, but received another notice that the lot had to be cleaned again. He explained that there had been a great deal of illegal dumping on his lot by a tree service business that is located nearby. Manuel Moreno, Jr., Director of Public Services, answered questions, and explained the procedure followed by his department in sending out notices and checking the costs imposed by the contractor who does the cleaning of the lots. He stated that the bids are monitored very carefully. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the hearing be closed; that the appeal of Niel Nathason relative to the assessment made by the Board of Building Commissioners with regard to the abatement of weeds and debris from property located at Belleview and Mt. Vernon Streets be denied, and the decision of the Board of Building Commissioners be upheld. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. . COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY/ JOINT POWERS FINANCING AUTHORITY - REGULAR MEETING The Regular Meeting of the Community Development Commission/Redevelopment Agency/Joint Powers Financing Authority was called to order by Chairman Holcomb in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino. RECESS MEETING - LUNCHEON MEETING Mayor Holcomb announced that the meeting would adjourn to the Management Information Center (MIC) on the Sixth Floor for a luncheon meeting, followed by a closed session to discuss redevelopment land acquisition, litigation and personnel matters. Council Member Miller made a motion, seconded by Council Member Minor and unanimously carried, that the meeting of the Mayor and Common Council, the Community Development Commission and the Joint Powers Financing Authority be adjourned to the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "0" Street, San Bernardino, California. LUNCHEON WORKSHOP CONVENED At 12:40 p.m., the luncheon workshop was called to order by Mayor Holcomb in the Management Information Center (MIC), for discussion of City-initiated vs. citizens/initiated General Plan amendments. . ROLL CALL Roll call following being Reilly, Flores, was taken by Deputy City Clerk Reese with the present: Mayor Holcomb; Council Members Estrada, Maudsley, Minor, Pope-Ludlam, Miller; Deputy City 16 12/18/89 . . . Attorney Empeno, Julian. Absent: City Clerk Reese, City Administrator Deputy None. CITY-INITIATED VS. CITIZEN-INITIATED GENERAL PLAN AMENDMENTS In a memorandum dated December 7, 1989, Larry Reed, Director, Planning/Building Services, presented the background of the Land Use Plan that was developed to reflect the proposed growth of the City. (50) In the memorandum, Mr. Reed explained that since the General Plan was adopted, it has come to staff's attention that some property owners are dissatisfied with the land use designation assigned to their properties. He stated that the urgency ordinance precluded general plan amendments for a period of six months after adoption of the General Plan, with the exception of Council-initiated amendments. That condition expired on December 2, 1989, after which anyone could submit an amendment application subject to all submittal requirements and payment of all fees. Mr. Reed listed several areas of concern regarding the Land Use Plan, as follows: A. Privately own/publicly amendments. Plan designated General B. Nonconforming Use General Plan Amendments. C. City-Initiated General Plan Amendments. D. Limited Fees General Plan Amendments. E. Standard General plan Amendment Process. Mr. Reed stated that staff had recommended that Options A, B, and E be selected. Vince Bautista, Principal Planner, reviewed the provisions in the General Plan relative to amendments. Senior Planner Valerie Ross presented a two-part chart that listed the concerns relative to General Plan amendments and the options available to deal with those concerns. The concerns listed under General Plan Amendments were as follows: 1. Private Iv owned/Public desianation. Ms. Ross explained that staff had identified some cases where privately owned property had been given a public designation in error. 17 12/18/89 . . . 2. Nonconformina. Ms. Ross stated that some General designations had been made nonconforming by changing designation from an existing use to a different designation. Plan the 3. Interpretations. interpreting the 1,000 scale some parcels have been split. 4. Desiqnations not liked: a. Designated the same as previous zoning b. Designated different than previous zoning. Ms. Ross explained that in map onto a parcel specific basis, 5. Council identified. The following options were presented on the chart: A. Private Iv owned/public amendments. Plan desianation General B. Nonconformina Use General Plan amendments. This option proposed that if a property was legally conforming prior to the adoption of the General Plan and became nonconforming after its adoption, the City would process an amendment to reconsider those areas. C. Citv initiated General Plan amendments. This option determined that if the City wants to look at many parcels, the land use hearings process would be reopened. D. Limited fees General Plan amendments. would provide General Plan amendments fees. The fee is presently about $1,400. option limited This with E. Standard Process General Plan amendments. This option provides that if residents want to change their designation, they would fill out an application, pay the fee and the City would process the amendment. F. General Plan policies. This option deals with the interpretation of the exact location of a line which splits a parcel. G. Mavor and Common Council initiated General Plan amendments. This option provides that at any time the City can initiate an amendment separately or in conjunction with any other option. Valerie Ross, Senior Planner, answered questions regarding fees for General Plan amendments. She stated that the $1,400 fee covers the processing of the General Plan amendment plus the notification process to all residents within 500 feet. 18 12/18/89 . Mayor Holcomb suggested ads be put in the local newspaper to inform the public that there is now a process for making amendments to the General Plan. He recommended that the City correct any errors it might have made in the zoning designations as soon as possible at no cost to the property owner. He stressed the point that a new designation, it won't necessarily be granted unless the City has obviously made an error. The Mayor and Council discussed the fact that although there were many public hearings and public notices given for the entire process of amending the General Plan, many citizens were not aware of that process. The question was raised regarding the advisability of opening the hearing process again. A discussion It was pointed designations were improve the city. ensued regarding prior land use designations. out that in some cases the nonconforming not made in error, but were done knowingly to Deputy City Attorney Empeno explained that the proposed hearing process would be covered with the new Development Code process, as people will have the opportunity to respond to the newspaper notices. He stated that it needs to be made very clear to the applicant that a proposed General Plan amendment would not necessarily be approved. He further explained that the purpose of the present discussion is to provide a fee waiver process. . COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. Sr. Planner Ross explained that Options A, B, and E, do not have fees. However, the applicant will have to submit an application because there is not sufficient staff to do the paper work. Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that the Mayor and Common Council adopt options A, B, and E of the staff report dated December 7, 1989, pertaining to General Plan amendment applications, with a six-month limit on the non-payment of fees. RECESS MEETING - CLOSED SESSION At 1:45 p.m., the Regular Meeting of the Mayor and Council/Community Development Commission and Joint Financing Authority recessed to closed session pursuant following: a. to give instruction to the CitY's/Commission's negotiator on the purchase of property pursuant to Government Code Section 54956.8. The real property which the negotiations concern is generally located at: ; Common Powers to the . 19 12/18/89 . b. to consider personnel matters pursuant to Government Code Section 54957; c. to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6; (Fire negotiations/other labor matters) d. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities pursuant to Government Code Section 54957. e. to confer with the litigation pursuant to 54956.9(b)(1), as there litigation; attorney regarding pending Government Code Section is significant exposure to f. to confer with the attorney regarding litigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending Section decide g. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section 54956.9(a) as follows: . Ci tv of San Bernardino vs. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239193; Stubblefield Construction Companv. Bernardino. et al - San Bernardino 232998; et al vs. Citv of San Superior Court Case No. Juan Manuel Sanchez vs. City of San Bernardino - United States District Court Case No. CV87-229l AWT (Bx); Charles H. Brown vs. Citv 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 - San Bernardino Superior Court Case No. 241692; Reynolds vs. City of San Bernardino Superior Court Case No. 248752; San Bernardino . Dudley Brewster. et al vs. Southern Pacific Railroad. et al _ San Bernardino Superior Court Case No. 249736; 20 12/18/89 . . . Save San Bernardino vs. City of San Bernardino Bernardino Superior Court Case No. 250425; San Brenda Anderson vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 243039; C.F.B. Investments. Ltd. vs. City of San Bernardino - United States District Court - Case No. SA CV89-862 JSC (RWRx); Ronald W. Haslam and Mrs. Ronald W. Haslam vs. City of San Bernardino - San Bernardino Superior Court Case No. 250949; Valenzuela vs. City of San Bernardino. et al San Bernardino Superior Cqurt Case No. 242137; Fink vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 237134; Navarette vs. City of San Bernardino - Los Angeles Superior Court Case No. C702398; Southern Pacific Transportation Co. vs. Board of Eaualization. et al - San Francisco Superior Court Case No. 87735 CONVENE CLOSED SESSION At 1:45 p.m., the closed session convened in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by Deputy City Clerk Reese with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Mauds1ey, Minor, Miller; Deputy City Attorney Empeno, Deputy City Clerk Reese, City Administrator Julian. Absent: Council Member pope-Ludlam. Also present: Assistant Acting Executive Director, Velarde, Executive Assistant to City Attorney Redevelopment the Mayor. Temple, Lorraine Brue; Mr. Agency; ADJOURN CLOSED SESSION At 2:00 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council/Community Development/ Joint Powers Financing Authority in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECONVENE MEETING At 2:07 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. 21 12/18/89 . ROLL CALL Roll Call was taken by Deputy City Clerk Reese with the following being present: Mayor Holcomb, Council Members Reilly, Flores, Maudsley, Minor, Miller; Sr. Assistant City Attorney Barlow, Deputy City Clerk Reese, City Administrator Julian. Absent: Council Members Estrada, Pope-Ludlam. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - JOINT POWERS FINANCING AUTHORITY - REGULAR MEETING The Regular Meeting of the Community Development commission/Redevelopment Agency was called to order by Chairman Holcomb in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 89-492 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO THE CITY OF SAN BERNARDINO OF THE PUBLIC IMPROVEMENTS FOR THE VERDEMONT AREA. (R-3A) Council Member Minor made a motion, seconded by Council Member Reilly, that said resolution be adopted. . Resolution No. 89-492 was Ayes: Council Members Reilly, Council Member Flores. Absent: Ludlam. adopted by the following Maudsley, Minor, Miller. Council Members Estrada, vote: Noes: Pope- RES. JPFA - 11 - RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF A TOTAL AGGREGATE PRINCIPAL AMOUNT APPROXIMATELY EQUAL TO $42,500,000 OF TAX ALLOCATION BONDS, 1989 SERIES B THROUGH 1989 SERIES G, INCLUSIVE, APPROVING THE FORM OF LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS THEREOF. (R-4b) RES. 89-493 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE ISSUANCE OF CERTAIN TAX ALLOCATION BONDS, 1989 SERIES B THROUGH 1989 SERIES G, INCLUSIVE, OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AND THE BORROWING BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO OF THE PROCEEDS THEREFROM PURSUANT TO CERTAIN RELATED LOAN AGREEMENTS. (R-4c) Council Member Miller made a motion, seconded by Council Member Flores, that said resolutions be adopted. Resolutions JPFA-ll and 89-493 were adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, . 22 12/18/89 ~, . Miller. Ludlam. Noes: None. Absent: Council Members Estrada, Pope- PUBLIC HEARING - CONSIDERATION OF ORDINANCE SETTING INFRASTRUCTURE DEVELOPMENT FEES RELATIVE TO DEVELOPMENT OF REAL PROPERTY WITHIN THE VERDEMONT AREA This is the time and place set for a public hearing to consider the enactment of an ordinance setting infrastructure development fees in connection with development of real property within the Verdemont area of the City. (63) Mayor Holcomb opened the hearing. ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADDING CHAPTER 15.73 TO THE SAN BERNARDINO MUNICIPAL CODE TO REQUIRE THE LEVY OF AN INFRASTRUCTURE DEVELOPMENT FEE FOR RIGHT-OF-WAY IMPROVEMENTS AND PUBLIC IMPROVEMENTS IN THE VERDEMONT AREA. (First) Mayor Holcomb explained that this ordinance was previously adopted as an urgency ordinance, and is being considered today in the form of a regular ordinance. . David Mylnarski, Monnig Development, 501 N. Placentia, Fullerton, California, had questions regarding the incremental reimbursement for off-sites on major streets, and whether or not developers would be required to pay the $7,300 fee in the event they are constructing infrastructure. Mayor Holcomb stated that the fee is being imposed to cover infrastructure on major streets. He explained that there would be negotiations on a case by case basis when the developer is ready, and a credit or reimbursement would be given. The intent is to raise enough money so that all the infrastructure can be done in one contract. Mayor Holcomb answered questions regarding assessment districts, stating that assessment districts will remain intact and the fees, as computed on the basis of the costs of those improvements, will be borne by the assessment district and not by the development fee. . Roger Grable, Attorney with Rutan and Tucker, Costa Mesa, California, representing McClellan Development, explained that he was not able to get a copy of the engineer's report until this date. He felt this report was critical to the validity of the ordinance being considered, and expressed concerns regarding the lack of certain analyses in the report. He fel t they were entitled to an analysis that specifically related costs to the needs being generated by their project. Mr. Grable also expressed concern that the ordinance does not contain specific language that provides for the credit allowance. 23 12/18/89 . . . COUNCIL MEMBER At 2:15 p.m., Council meeting and POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived took her place at the council table. at the Mayor Holcomb suggested that Mr. Engineer to resolve his questions. Council might declare a moratorium questions can be resolved. Grable meet with the He suggested that in the area until City the all Joe Bonadiman, 250 Lena Road, San Bernardino, stated that a proposed moratorium seemed to preclude additional comments on this issue. He suggested ~he Verdemont area could have much more building before it is impacted, and that the method being proposed for the fee is not the best idea for proceeding in this area. He stated that an improvement district would be a more appropriate method. Mayor Holcomb stated that there have been several public hearings on the Vermont area financing plan and it seemed to be the consensus that the proposed process is fair and will work. Bob Cantu, JFB and Associates, consulting engineers for Brimar Industries, spoke regarding property northwesterly of Little League Drive. He stated that after his client had purchased the property and completed an estimate of costs, he became aware that there would be an additional fee of $7,300 per unit. He stated that the developer is going to install the infrastructure. Mayor Holcomb stated that he is considering recommending to the Council that the development fee be amended in the future to include additional infrastructure for the Verdemont area such as a fire station, a branch library, parks, and additional landscaping. He explained that the proposal would include a window that provided that anyone who pays these fees during that window period would be exempt from any additional fees. Council Member Minor made a motion, seconded by Council Member Miller, that the hearing be closed, and that said ordinance be laid over for final passage on January 3, 1990. The motion carried by the following vote: Ayes: Members Reilly, Maudsley, Minor, Pope-Ludlam, Miller. Council Member Flores. Absent: Council Member Estrada. Council Noes: and DEPUTY CITY ATTORNEY EMPENO ARRIVED Deputy City Attorney Empeno arrived at the replaced Sr. Assistant City Attorney Barlow. Council meeting 24 12/18/89 . . . APPEAL - CONDITIONS PLACED ON REVIEW OF PLANS NO. 89-44 FOR TRACT NO. 10432 - AN APPROVED 42-SINGLE FAMILY RESIDENTIAL SUBDIVISION - ROBERT OSBORNE COMPANY In a staff report dated December 5, 1989, Larry Reed, Director of Planning/Building Services, gave the background of the appeal of the imposition of certain conditions of approval for Review of Plans No. 89-44 for Tract No. 10432 for an approved 42-single family residential subdivision. The applicant, the Robert Osborne Company, requested that the Mayor and Council reconsider and remove those conditions of approval. The property is located on 8.9 acres on the west side of University Parkway south of Kendall Drive and north of College Avenue. (64) Deputy City Attorney Empeno requested that at some point during the meeting the Council recess to closed session under Item Ie on the agenda, Government Code Section 54956.9(b)(1), as there is significant exposure to litigation. (No formal action was taken at this time. See page 37) APPEAL HEARING - CONDITIONS OF APPROVAL FOR PARCEL MAP 11421 - SOUTHWEST CORNER OF SIERRA WAY AND CLUSTER STREET - GUADALUPE HOMES - CONTINUED FROM NOVEMBER 20, 1989 This is the time and place continued to for an appeal hearing on certain conditions of approval for Parcel Map 11421, to divide a 3.64 acre site into two parcels located at the southwest corner of Sierra Way and Cluster Street, as requested by Guadalupe Homes. (65) In a staff report dated December 13, 1989, Larry Reed, Director of Planning/Building Services, explained that the applicant, Guadalupe Homes, originally appealed thirty-six conditions of approval imposed by the Planning Commission in its approval of Parcel Map No. 11421 on June 2, 1989. The applicant has now agreed to comply with all of the original conditions. However, for four of the conditions, the applicant is requesting a timing deferral until further development occurs at the site. The form of guarantee proposed for compliance with those four deferred conditions is a development agreement and deed of trust. ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING A DEVELOPMENT AGREEMENT BETWEEN GUADALUPE HOMES AND THE CITY OF SAN BERNARDINO. (FIRST) (65) Scott Smith, with Best, Best and Krieger, 3750 University Avenue, Riverside, representing Guadalupe Homes, stated they concurred with staff's recommended approval of the parcel map and the ordinance approving the development agreement. He also thanked the Council and staff for developing an arrangement that would allow Guadalupe Homes to own its own property. 25 12/18/89 . Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the hearing be closed; that first reading of the ordinance be waived and said ordinance be laid over for final passage. APPEAL HEARING PLANNING COMMISSION'S DENIAL OF VARIANCE NO. 89-3 REVIEW OF PLANS NO. 89-49 CONSTRUCTION OF UNPAVED PARKING LOT WITHOUT PAVING- CONTINUED FROM NOVEMBER 20, 1989 This is the time and place continued to for an appeal hearing concerning the Planning Commission's denial of Variance No. 89-3, for the construction of a parking lot without paving located on the northwest corner of Fairway Drive and Camino Real, as filed by Econo Lodge. (66) In a staff report dated December 5, 1989, Larry Reed, Director of Planning/Building Services, gave the background of the request by Econo Lodge for permission to construct a parking lot without paving on the northwest corner of Fairway Drive and Camino Real. Staff and the Planning Commission recommended approval of Review of Plans No. 89-49 subject to findings of fact, conditions of approval and standard requirements. Even though the Planning Commission is recommending denial of the variance, staff is recommending approval of Variance No. 89-3 based upon findings of fact, and the adoption of the negative declaration. . Deputy City Attorney Empeno stated it has been the City Attorney's office's position that the findings of fact as required in SBMC Section 19.74.010 in support of a variance could not be made. Rather than approve a variance or temporary variance, Mr. Empeno recommended continuance of the matter for six months for the applicant to finalize those plans. Council Member Council Member Minor of Plans 89-49. Pope-Ludlam made a motion, seconded by and unanimously carried, to approve Review Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that the appeal be continued to June 18, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Ca~ifornia. The motion carried by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: Council Member Minor. Absent: Council Member Estrada. . APPEAL HEARING - PLANNING COMMISSION'S DENIAL OF REVIEW OF PLANS NO. 89-10 - CONSTRUCTION OF A BILLBOARD- CONTINUED FROM NOVEMBER 20, 1989 This is the time and place continued to for considering an appeal filed by Heywood Company on the Planning Commission's 26 12/18/89 -y- . denial of Review of Plans No. 89-10 for construction of a billboard located on the west side of Waterman Avenue approximately 644 feet north of Hospitality Lane adjacent to San Timoteo Creek Flood Control Channel. (67) In an undated staff report, Larry Reed, Director of Planning/Building Services, explained the background of Review of Plans No. 89-10, a request under SBMC 19.60.250(B) to construct a 300 square foot, 32 foot high replacement billboard on a 0.6 acre site located on the west side of Waterman Avenue, 644 feet north of Hospitality Land and adjacent to San Timoteo Creek. In the staff report, Mr. Reed explained that the Mayor and Council cannot approve this project without being inconsistent with the General Plan. He listed the options that are available to the Mayor and Council in taking action on this appeal. John Lightburn, P. O. Box 1622, San Bernardino, California 92402, stated that the last time this matter was heard, it was continued to allow Mr. Heywood to research his files relative to prior committee proceedings. He also explained that City Attorney Penman had agreed to meet with them to discuss their concerns. He stated they attempted to meet with Mr. Penman last week, but were unable to do so. He requested this matter be continued to provide an opportunity to meet with Mr. Penman. . Deputy City Attorney Empeno stated that Mr. Penman had just informed him by phone that he had not agreed to meet with Mr. Heywood, but had indicated that he would be willing to talk to the prior Planning Director, Frank Schuma. Mr. Penman stated that Mr. Schuma confirmed the fact that discussions did take place between himself and 'Mr. Heywood regarding the backing of sign credits, but that Mr. Schuma had made it clear that no promises had been made to Mr. Heywood. Mayor Holcomb stated there was very strong opposition from the Tri City Company to the installation of a billboard in the area of Waterman Avenue. He agreed that the Waterman Avenue area is not an appropriate location for billboards. Deputy City Attorney Empeno stated that the City Attorney's position is that no meeting between the applicant and the City Attorney is necessary, but had no position on the requested continuance. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam that this matter be continued until the City Attorney is present. . The motion failed by the following vote: Members Reilly, pope-Ludlam, Miller. Noes: Ayes: Council Council Members 27 12/18/89 . Flores, Maudsley, Minor. Absent: Council Member Estrada. Council Member Maudsley made a motion, seconded by Council Member Flores, that the hearing be closed and that the appeal be denied. The motion carried by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor. Noes: Council Members Pope-Ludlam, Miller. Absent: Council Member Estrada. APPROVAL OF ADDITION TO A LEGAL NON-CONFORMING RESIDENTIAL STRUCTURE - A 239 SQUARE FOOT DEN TO A TRI- PLEX - 640 SOUTH VALLEY AVENUE - ALEJANDRO ZENDEJAS In a staff re~ort dated December S, 1989, Larry Reed, Director of Planning/Building Services, stated that the applicant Alejandro Zendejas, requested approval under authority of SBMC Section 19.66.030 to add a 239 square foot den to a legal, non- conforming tri-plex residential structure located at 640 South Valley Avenue. (68) Mayor Holcomb opened the hearing. . Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the hearing be closed; and that the request to add a 239 square foot den to the existing, legal, non-conforming tri-plex located at 640 South Valley Avenue be approved, subject to the conditions of approval and standard requirements contained in the November 21, 1989, staff report to the Planning Commission. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council meeting and took her place at the council table. . APPEAL - PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT NO. 89-20 - TO CONSTRUCT A 2,696 SQUARE FOOT AM/PM MINI-MARKET WITH THE SALE OF BEER AND WINE- NORTHEAST CORNER OF DATE STREET AND DEL ROSA AVENUE This is the time and place set to hear an appeal filed by Philip Graham Combs, Architects, Inc. on the Planning Commission's denial of Conditional Use Permit No. 89-20 to construct a 2,696 square foot Arco AM/PM mini-market with the sale of beer and wine on property located on the northeast corner of Date Street and Del Rosa Avenue. (69) In an undated staff report, Larry Reed, Director of Planning/Building Services, gave the background of the request of APC Holding Company that the Mayor and Council reconsider the Planning Commission's denial of Conditional Use Permit No. 89-20 and approve the project. It is the applicant's contention that the project .is in compliance with the City's General Plan, that the conditions imposed mitigate the impacts associated with the 28 12/18/89 . project and that the Planning Commission erred in requiring a marketing study as a condition of approval. Mr. Reed further stated that staff's original recommendation was for approval, but because of the testimony provided at the Planning Commission meeting regarding the over-proliferation of gas stations, high concentration of off-sale ABC licenses in the area, and the applicant's refusal to provide the marketing study information as requested by the Planning commission, staff is recommending denial of Conditional Use Permit No. 89-20. Mr. John Lightburn, P. O. Box 1622, San Bernardino, California 92402, representing the appellant, stated there were over 84 conditions and standards the applicant had agreed to in order to insure that the public's interest is protected. These include improvements to the flood control channel, erosion control measures, the contribution of $100,000 for the signalization of the intersection of Date and Del Rosa and agreement to all the conditions imposed by the Police Department. Mr. study. Planning decision Lightburn answered questions relative to the marketing He explained he' felt it was inappropriate for the Commission to make that request, as that is a policy and should have come from the Council. . Mr. Lightburn answered questions regarding competition with other gas stations in the area. Deputy City Attorney Empeno answered questions, stating that the proposed project does not present a case of unfair competition. Mr. Lightburn answered questions, stating there was substantial landscaping planned for this project. He also stated the station would be selling a regular gasoline which is a mixture of leaded gas and methanol, which will cut down substantially on pollution. Mr. Lightburn stated he had received a letter from Joe Colletti, a resident of Rainbow Garden Apartments, who indicated that this project would benefit senior citizens. Mr. Monty Sabbah, owner of the Mobile station located on the northwest corner of Date and Del Rosa spoke against the proposed project, citing traffic congestion and the existence of six gas stations in the immediate area. He also stated that Aquinas High School was nearby and thought the mini-market would create a hangout for the students. He stated that he had been denied an alcoholic beverage license in the past and felt one should not be given to the proposed Arco mini-mart. . 29 12/18/89 ~ . Ron Beard, 1460 Orchid Dr., owner of R & S Liquor, 2950 N. Del Rosa, spoke against the proposed project. He recently purchased and remodeled the liquor store. He explained that all the employees of his business live and spend their money in the area. He felt that the proposed project might cause other businesses in the area to close and requested that the Council uphold the denial of this appeal. Don Wisler, 3405 Hidalgo, spoke against the project, citing the high crime rate in the .area which might be increased with the existence of the proposed mini-market. He also complained that gas stations do not have public restrooms and suggested that the City not allow any more stations without public restrooms. Larry Reed, Director of Planning/Building Services, answered questions regarding the requirements for restrooms. He stated that under the State Building Code, retail operations such as gas stations need only provide restrooms for their employees. The City could propose an amendment to the State Building Code which would require some businesses to provide public restrooms. Mayor Holcomb stated that he thought this was a major issue and felt every service station should have two public restrooms. . Rosie Affatati, 6012 Elmwood Rd., representing her neighbors, spoke against the proposed project. She stated that outdoor lighting for the proposed mini-mart would be on 24 hours a day and would shine into their yards. John Lightburn responded to the comments. He stated he didn't feel they would be competing for other businesses' customers. He also felt that traffic would not increase noticeably, and the installation of the traffic signal at Date and Del Rosa would mitigate any possible traffic problems. He explained that the outdoor lighting will be directed away from the neighbors' yards. Mr. John Snedeger, 24606 Solano Way, Riverside County, co- owner with his brother of the property, gave the background of their development and explained that although they have an Arco franchise and use the Arco logo and petroleum projects, they will operate an independent business. He reviewed all the benefits their operation will provide to the City. The owner of the Shell service station at 2856 Del Rosa, spoke against the proposed project, and stated that he had applied for a liquor license in the past and had been denied. Council Member Member Estrada and closed. Minor made unanimously a motion, carried, seconded by Council that the hearing be . 30 12/18/89 . It was pointed out that the petitions provided by Mr. Sabbah contained many signatures from people living out of the City limits. Council Member Maudsley made a motion, seconded by Council Member Minor, that the appeal be denied. The motion failed by the following vote: Members Maudsley, Minor. Noes: Council Members Flores, Pope-Ludlam, Miller. Absent: None. Council Member Estrada made a motion, seconded by Council Member Reilly, that the appeal be upheld; that Conditional Use Permit 89-20 be approved subject to findings of fact, conditions of approval and standard requirements contained in the November 7 and October 3, 1989, Planning Commission staff report; and that the mitigated negative declaration and mitigation monitoring/ reporting program be adopted, with the condition that the plans be modified to include two public restrooms. Ayes: Council Estrada, Reilly, The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Pope-Ludlam, Miller. Noes: Council Members Maudsley, Minor. Absent: None. . RECESS MEETING - TEN MINUTE BREAK At 3: 52 p. m., the regular meeting of the Mayor and Common Council recessed for a ten-minute break. RECONVENE MEETING At 4: 00 p. m., the regular meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Reese with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam; Deputy City Attorney Empeno, Deputy City Clerk Reese, City Administrator Julian. Absent: Council Member Miller. REMOVAL OF FOUR CAROB TREES - CORNER OF HIGHLAND AND "D" STREET - AUTHORIZATION - CONTINUED FROM DECEMBER 4, 1989 In a memorandum dated November 30, 1989, Manuel Moreno, Jr., Director of Public Services, explained that his department had received a trip and fall complaint from a citizen regarding the southwest corner of Highland and "D" Streets. An investigation revealed four 25-30 year old carob trees which have raised the sidewalk to a dangerous condition. The Street Superintendent recommended the removal of the four trees. (48) . 31 12/18/89 . Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, to authorize the City Administrator to engage the services of a professional arborist or a similar qualified expert to work with the Public Services Director in developing a plan to preserve the four carob trees located at the southwest corner of "D" and Highland Avenue. A progress report is to be submitted to the Mayor and Council at the meeting of January 8, 1990. RECONSIDERATION OF EMPLOYEE RESOLUTIONS CONTINUED FROM EARLIER IN THE MEETING - SEE PAGE 10 Council Member pope-Ludlam made a motion, seconded by Council Member Reilly and unanimously carried, to reconsider the following resolutions: (21) RES. 89-494 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413, ENTITLED IN PART "A RESOLUTION . . .ESTABLISHING A BASIC COMPENSATION PLAN . ", BY IMPLEMENTING SALARY ADJUSTMENTS EFFECTIVE JANUARY 1, 1990. (Confidential employees) (21) Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley, that said resolution be adopted. . Resolution No. 89-494 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Member Miller. RES. 89-495 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413, ENTITLED IN PART "A RESOLUTION . . . ESTABLISHING A BASIC COMPENSATION PLAN . ", BY IMPLEMENTING SALARY ADJUSTMENTS EFFECTIVE JANUARY 1, 1990. (Management employees) (21) It was stated that further consideration is desired by the Council on the positions of City Administrator, City Attorney, City Clerk and City Treasurer, but that approval be given to all the other positions listed in the two resolutions. Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley and unanimously carried, that the positions of City Administrator, City Attorney, City Clerk and City Treasurer be removed from the resolution and that said resolution be adopted as amended. Also, that consideration of those positions that were removed be continued to January 8, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Resolution No. 89-495 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Member Miller. . 32 12/18/89 . COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council meeting and took her place at the council table. ORD. MC-693 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2(E) OF ORDINANCE NUMBER MC-675 ENTITLED AN "ORDINANCE. . PROVIDING THAT RENTS FOR MOBILE HOME SITES SHALL NOT EXCEED THOSE IN EFFECT ON THE EFFECTIVE DATE OF THIS ORDINANCE . . ." TO EXTEND THE MORATORIUM PERIOD, AS DEFINED THEREIN, FOR AN ADDITIONAL 90 DAYS AND SETTING FORTH THE URGENCY THEREOF. (FINAL) (S-4) Mayor Holcomb stated he had just received a statement from Clay Hage, Regional Director, Western Mobilehome Association, representing California Mobilehome Park Owners and Operations, in which he opposed the Mayor's proposal to extend the rent increase moratorium for four more months. . In the statement, Mr. Hage stated that to extend the rent freeze is unfair and unnecessary. It was his opinion that the tenants had stalled negotiations since September 24, 1989. Mr. Holcomb disagreed with Mr. Hage' s remarks. He stated that the City had made significant progress and had tried to prepare an ordinance that would be fair. He felt the two sides were close to an agreement and that a meeting is scheduled for January 4, 1990, to conclude negotiations. A discussion ensued regarding the additional 120 day extension in the ordinance. Deputy City Attorney Empeno answered questions, stating there was no time limit on extending urgency ordinances. Council Member Maudsley made a motion, seconded by Council Member Miller and unanimously carried, that the ordinance be amended by interdelineation to change the extension of time from 120 days to 90 days, and that said ordinance be adopted as amended. Ordinance MC-693 was adopted by the following vote: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Ludlam, Miller. Noes: None. Absent: None. Ayes: Pope- Clay Hage, Regional Director of the Western Mobilehome Association and also representing the San Bernardino Park Owners Association, 3773 Tibbetts Street, Riverside, stated he stood by his statement in the letter referred to by Mayor Holcomb. He stated his groups had negotiated in good faith and were ready to . 33 12/18/89 . . . sign the agreement on December 8, reservations by the tenants and members the agreement was not signed. 1989, but because of of the Council Committee, COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. PERSONNEL ACTIONS - MARILYN WICZYNSKI - DEPUTY CITY ATTORNEY IV - CITY ATTORNEY'S OFFICE Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, to approve the personnel action submitted by the Chief Examiner, in accordance with all administrative regulations of the City of San Bernardino as follows: (S-3) Wiczynski, Marilyn A. Deputy City Attorney IV, Range 3166, Step 4, $4,803/mo. Effective December 19, 1989 RES. 89-496 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT RELATING TO CONSTRUCTION OF A STORM DRAIN FOR NORTH VERDEMONT ELEMENTARY SCHOOL SITE AND RESCINDING RESOLUTION NO. 89-438. (S-l) David Mylnarski, 501 Placentia, Fullerton, answered questions of the Mayor and Council, stating that the agreement has been signed. He also stated, he had met with Harold Wilson, the school district's engineer and the bid package procedure has begun. Council Member Minor made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 89-496 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member pope-Ludlam. RES. 89-497 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 13953, LOCATED ON THE WEST SIDE OF EUCALYPTUS AVENUE, APPROXIMATELY 500 FEET SOUTH OF MILL STREET, 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. (S-2) Council Member Estrada made a motion, seconded by Council Member Minor, that said resolution be adopted. 34 12/18/89 . Resolution No. 89-497 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. RES. 89-498 A RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING PARTICIPATION WITH SAN BERNARDINO COUNTY FOR THE PREPARATION OF A REGIONAL AIR QUALITY ELEMENT FOR THE PURPOSE OF IMPROVING AIR QUALITY WITHIN SAN BERNARDINO COUNTY. (26) Council Member Estrada made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 89-498 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that Council Member Norine Miller be designated as the City's member of the Advisory Committee for the development of a Regional Air Quality Element; and that Larry Reed, or his designated representative, be designated as the City's representative on the Technical Committee for the development of a Regional Air Quality Element. . RECESS MEETING - CLOSED SESSION At 4:20 p.m., Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the meeting recess to closed session for the follows: to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9(b)(1), as there is significant exposure to litigation; (Ie) to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section 54956.9(1) as follows: (lg) Citv of San Bernardino vs. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239193; Stubblefield Construction Company. et al vs. Citv of San Bernardino. et al - San Bernardino Superior Court Case No. 232998; 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; . 35 12/18/89 . . . Sock Dawson. et al vs. Ci tv of San Bernardino. et al- United States District Court Case No. SA 88-461 AHS (RWRx); Barron/Alcarez vs. Citv of San Bernardino - San Bernardino Superior Court Case No.241692; Revnolds vs. Ci tv of San Bernardino Superior Court Case No. 248752; San Bernardino Dudley Brewster. et al vs. Southern Pacific Railroad. et al - San Bernardino Superior Court Case No. 249736; Save San Bernardino vs. Citv of San Bernardino San Bernardino Superior Court Case No. 250425; Brenda Anderson vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 243039; C.F.B. Investments. Ltd. vs. Citv of San Bernardino - United States District Court - Case No. SA CV89-862 JSC (RWRx). Ronald W. Haslam and Mrs. Ronald W. Haslam vs. City of San Bernardino - San Bernardino Superior Court Case No. 250949; Valenzuela vs. Citv of San Bernardino. et al San Bernardino Superior Court Case No. 242137; Fink vs. City of San Bernardino - San Bernardino Superior Court Case No. 237134; Navarette vs. Citv of San Bernardino - Los Angeles Superior Court Case No. C702398; Southern Pacific Transportation co. . vs. Board of Equalization. et al - San Francisco Superior Court Case No. 877 359. CLOSED SESSION At 4:20 p.m., the closed session was called to order by Mayor Holcomb in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor; Deputy City Attorney Empeno, Deputy City Clerk Reese, City Administrator Julian. Absent: Council Members Pope-Ludlam, Miller. Also present: Larry Reed, Director of planning/Building Services; John Montgomery, Principal Planner. 36 12/18/89 . COUNCIL MEMBER MILLER ARRIVED At 4:29 p.m., Council Member Miller arrived at the closed session. ADJOURN CLOSED SESSION At 4:37 p.m., the closed session adjourned to the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 4:37 p.m., the regular meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Reese with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, pope-Ludlam, Miller; Deputy City Attorney Empeno, Deputy City Clerk Reese, City Administrator Julian. Absent: None. . APPEAL OF CONDITIONS REVIEW OF PLANS NO. 89-44- TRACT NO. 10432 - CONSTRUCTION OF 42 SINGLE FAMILY HOMES - UNIVERSITY PARKWAY - SOUTH OF KENDALL DRIVE AND NORTH OF COLLEGE AVENUE ROBERT OSBORNE COMPANY- CONTINUED FROM EARLIER IN THE MEETING - SEE PAGE 25 This is the time and place set to hear an appeal filed by Osborne Development Co. on the imposition of certain conditions of approval for Review of Plans No. 89-44 by the Development Review Committee and the Planning Commission. Review of Plans No. 89-44 is a proposal to construct 42 single-family homes on 8.9 acres located on the westerly side of University Parkway, south of Kendall Drive and north of College Avenue. (64) In a staff report dated December 5, 1989, Larry Reed, Director of Planning/Building Services, gave the background of the proposed development and the appeal. He stated that the applicant is appealing the conditions requiring 1) the installation of a storm drain along University Parkway per Master Plan Storm Drain No. 7-E25, and 2) the installation of curb, gutter and sidewalk along University Parkway, together with the incidental widening of the street. Mayor Holcomb opened the hearing. Mayor Holcomb announced that in closed session the potential litigation surrounding Review of Plans No. 89-44 was discussed. He explained that if the City looses a court action the developer contemplates filing, the City will reimburse the developer for the costs of installing the street improvements and the storm drain. . 37 12/18/89 . . . Deputy City Attorney Empeno stated that some reV1S1ons were needed in the agreement on page 2, paragraph 2 regarding a vested right. With the direction that the City Attorney's office be permitted to make the revisions, he recommended approval of the agreement. Council Member Minor made a motion, seconded by Council Member Estrada and unanimously carried, to approve the agreement prepared by Osborne Development Company, with revisions to be made by the City Attorney's Office in paragraph 2, page 2. Philip D. Kohn, Rutan & Tucker, P. O. Box 1950, Costa Mesa, representing the Osborne Development Company, stated that the arrangement the Mayor described was satisfactory with the understanding that all the contentions raised in the appeal have not been waived or disclaimed, but rather, they were pursuing this process as a means to resolve the dispute. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the hearing be closed; that the appeal be denied; that Review of Plans No. 89-44 be approved subject to the findings of fact, conditions and standard requirements contained in the October 17, 1989, Planning Commission staff report; that the mitigated negative declaration be adopted; and that the mitigation reporting/monitoring program be adopted. . APPEAL - PLANNING COMMISSION'S DENIAL OF EXTENSION OF TIME - CONDITIONAL USE PERMIT 86-26 AND TENTATIVE TRACT 13365 - DEVELOPMENT OF 42 CONDOMINIUMS - EAST SIDE OF DEL ROSA AVENUE, APPROXIMATELY 314 FEET NORTH OF MARSHALL BOULEVARD - PHILIP GRAHAM COMBS, ARCHITECTS, INC. This is the time and place set to hear an appeal filed by Darwin K. Pearson on the Planning Commission'S denial of extension of time for Conditional Use Permit 86-26 and Tentative Tract 13365 for the development of 42 condominium units on property located on the east side of Del Rosa Avenue approximately 314 feet north of Marshall Boulevard. (70) In a memorandum dated December 4, 1989, Larry Reed, Director of Planning/Building Services, gave the background of the appeal, and explained that the applicant submitted an incomplete set of construction plans for Technical Building Code Review on June 30, 1988. The applicant failed to provide the missing plans and the application expired on January 30, 1989. The applicant will need to resubmit construction plans, including plan check fees prior to obtaining the required building permits. Larry Reed, Director of planning/Building Services reviewed the background of this appeal. He explained that due to the delay in building the project, there had been blight conditions 38 12/18/89 r . on the property that the City had to abate at considerable cost. He stated that staff recommended approval of the project. Although the Planning Commission had concerns regarding the project, staff felt those concerns would be addressed in the development of a high quality project aiming for an owner- occupied housing market. Bud Roberts, Sierra Engineering, 27007 Fifth Street, Highland, California, stated that the property in question was purchased by Mr. Pearson from the previous developers. The notices of the blighted condition had been sent to the previous owners and Mr. Pearson had not been aware of the problem at that time. Mr. Roberts stated that because of the delay in going forward with the project, the original financing fell by the wayside. They have now arranged for new financing and are ready to go forward. Don Wisler, 3405 Hidalgo, spoke against the proposed project. He stated there were many apartments ~n the neighborhood that were undesirable and added to the crime in the area. He felt a green belt and play area for children should be provided in the area in qu~stion. . Mr. Roberts stated that the proposed project would have a homeowners association that would help work out rules and regulations. The cost of the units would be between $65,000 to $70,000. A discussion ensued regarding extension of time for the project and the possible development of an alternate plan. Deputy City Attorney Empeno stated that approval of the extension of time will permit the building of this project pursuant to the C. U. P. and tentative tract map. The applicant may decide not to revise this project. That is the risk the Council is taking if the extension of time is granted. Deputy City Attorney Empeno requested that the applicant identify himself and indicate agreement to the following: that the applicant requested the extension of time and the continuance for six months, and that he would waive any claims he might have under the Permit Streamlining Act or any other state laws. The applicant, Darwin Pearson, 1248 1/2 W. Balboa Blvd., Newport Beach, stated that he was in agreement with the conditions as set forth by Deputy City Attorney Empeno. . Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the appeal for an 39 12/18/89 . extension of time for C.U.P. 86-26 and Tentative Tract 13365 be continued to June 18, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, with the conditions agreed to by the applicant. . RES. 89-499 - 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 PROJECT HOME RUN. (30) RES. 89-500 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 88-307 ENTITLED IN PART "RESOLUTION. . MODIFYING FEES FOR. . USES OF BUILDINGS, SPORTS FACILITIES . . . INCREASING FEES FOR RECREATIONAL FACILITIES, AND SETTING FEES FOR CERTAIN RECREATION CENTER FACILITIES AND FOR ALCOHOL PERMITS", AND SETTING FEES FOR USE OF PARKS AND PARK PARKING LOTS. (31) RES. 89-501 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECHTION OF AN AGREEMENT WITH ROGER ERNST & ASSOCIATES, AUCTIONEERS TO STORE AND SELL SEIZED VEHICLES, PERSONAL AND REAL PROPERTY, AND FIREARMS. (32) RES. 89-502 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO THE LEASE AGREEMENT WITH THE NATIONAL ORANGE SHOW FOR THE LEASING OF CERTAIN REAL PROPERTY LOCATED ON THE SOUTHWEST CORNER OF MILL STREET AND ARROWHEAD AVENUE. (33) RES. 89-503 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO PAUL GARDNER CORPORATION FOR TRAFFIC SIGNAL MODIFICATION AND HIGHWAY LIGHTING AT MEDICAL CENTER DRIVE AND NINETEENTH STREET. (40) Council Member Estrada made a motion, seconded by Council Member Flores, that said resolutions be adopted. Resolution Nos. 89-499, 89-500, 89-501, 89-502, 89-503 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. . PROPOSED ANNEXATION SOUTH OF DEVORE ROAD, SOUTHWESTERLY OF CAJON BLVD. In a memorandum dated December 6, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated there is some tentative development in the area south of Devore Road, southwesterly of Cajon Blvd., which is primarily industrial. It would be beneficial for the City to have this area within the 40 12/18/89 . city limits. Since this is a city will pay all necessary filing authorization be given to proceed. initiated proceeding, the fees. He recommended (54) City that Council Member Flores made a motion, seconded by Council Member Miller, that the Director of Public Works /Ci ty Engineer and the City Clerk be authorized to proceed with the proposed annexation generally located south of Devore Road, southwesterly of Cajon Boulevard. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Minor, Pope-Ludlam, Noes: None. Abstain: Council Member Maudsley. Absent: Council Miller. None. PROPOSED ANNEXATION - SOUTH OF DEVORE ROAD BETWEEN CAJON BLVD. AND THE 1-215 FREEWAY In a memorandum dated December 6, 1989, Roger Hardgrave, Director of Public works/City Engineer, stated there is some proposed development in the area located southwesterly of Cajon Blvd., south of Devore Road. It would be beneficial for the City to have this area within its boundaries. Since this is a city initiated action, the City will pay the necessary filing fees. (55) . Council Member Flores made a motion, seconded by Council Member Miller, that the Director of Public works/City Engineer and the City Clerk be authorized to proceed with the proposed annexation south of Devore Road, between Cajon Boulevard and the 1-215 Freeway. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Minor, pope-Ludlam, Noes: None. Abstain: Council Member Maudsley. Absent: Council Miller. None. AUTHORIZATION TO REMOVE 30-DAY RESIDENT TAX EXEMPTION FROM SBMC CHAPTER 3.52 ENTITLED "UNIFORM TRANSIENT OCCUPANCY TAX" In a memorandum dated December 7, 1989, Lee Gagnon, Business License Supervisor, explained that Chapter 3.52 of the SBMC establishes the 8% transient occupancy tax and provides for an exemption for anyone who resides in the same hotel/motel for 30 days or longer. It is the recommendation of the City Clerk's office that the exemption be eliminated. (52) Council Member Reilly made a motion, seconded by Council Member Flores, that the City Attorney be instructed to prepare an ordinance amending Municipal Code Chapter 3.52, Uniform Transient Occupancy Tax, to remove the thirty day (30 day) resident tax exemption. . 41 12/18/89 . The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: Council Member Pope-Ludlam. Absent: None. ADDITION OF THREE POSITIONS IN THE PUBLIC WORKS DEPARTMENT - DRAFTSPERSON, CIVIL ENGINEERING ASSISTANT III AND MAINTENANCE WORKER I In a memorandum dated December 5, 1989, Gordon Johnson, Director of Personnel, explained the three requests for three addi tional posi tions ~n the Public Works Department: Draftsperson, Civil Engineering Assistant III and Maintenance Worker 1. He stated that the Council Personnel Committee had reviewed this item on November 9, 1989, and had recommended full Council approval. (53) Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that one position each of draftsperson, civil engineering assistant III and maintenance worker I be added to the Public Works Department budget. . REHABILITATION OF PAVEMENT ON MT. VERNON AVENUE - FROM GRANT AVENUE TO SECOND STREET In a memorandum dated November 27, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for the rehabilitation of the pavement on Mt. Vernon Avenue, from Grant Avenue to Second Street, have been prepared and the project is ready to be advertised for bibs. The total estimated project cost is $526,000. (56) Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that the plans for rehabilitation of pavement on Mt. Vernon Avenue, from Grant Avenue to Second Street, in accordance with Plan No. 7623, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. VACATION OF REMAINDER OF "J" STREET, NORTH OF OAK STREET - SOUTH OF LYTLE CREEK CHANNEL - ADOPTION OF NEGATIVE DECLARATION AND FINDING OF CONSISTENCY WITH CIRCULATION ELEMENT OF GENERAL PLAN In a memorandum dated December 6, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that the negative declaration for Public Works Project No. 89-38 was recommended for adoption by the Environmental Review Committee on October 19, 1989. After a fourteen day public review period no comments were received. (57) . Council Member Pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that the negative declaration for Public Works Project No. 89-38, vacation of remainder of "J" Street, north of Oak Street and south of Lytle Creek Channel, be adopted; and that a finding be made that the 42 12/18/89 . . . vacation of the remainder of "J" Street, north of Oak Street and south of Lytle Creek Channel, is consistent with the circulation element of the General Plan. VACATION OF PORTION OF EAST/WEST ALLEY BETWEEN "G" AND "H" STREETS AND BETWEEN 5TH AND 6TH STREETS - ADOPTION OF NEGATIVE DECLARATION - FINDING OF CONSISTENCY WITH CIRCULATION ELEMENT OF THE GENERAL PLAN In a memorandum dated December 6, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that the negative declaration for Public Works Project No. 89-36 was recommended for adoption by the Environmental Review Committee on October 19, 1989. After a fourteen day public review period, no comments were received. (58) Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the negative declaration for Public Works Project No. 89-36, vacation of a portion of an east/west alley between "G" and "H" Streets and between 5th and 6th Streets, be adopted; and that a finding be made that the vacation of a portion of an east/west alley between "G" and "H" Streets and between 5th and 6th Streets, is consistent with the circulation element of the General Plan. PROPOSED VACATION PORTION OF NORTH/SOUTH ALLEY BETWEEN 14TH AND MAGNOLIA STREETS AND BETWEEN "E" AND "F" STREETS In a memorandum dated December 4, 1989, Roger Hardgrave, Director of Public works/City Engineering, stated that a request had been received from Bobbie Cook to vacate a portion of a north/south alley between 14th and Magnolia Streets and between "E" and "F" Streets. All the adjoining property owners were surveyed and over 80% responded with an overwhelming request to close the entire "H" shaped alley. After discussion with Council Member Reilly, the decision was made to go forward with the original request for vacating just the northeast leg of the alley. (59) Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that consideration of the request to vacate a portion of a north/south alley between 14th and Magnolia Street and between "E" and "F" Streets be continued to January 22, 1990, and that the City Clerk be directed to invite the petitioner to be present. PROPOSED VACATION - PORTION OF JEFFERSON AVENUE BETWEEN PEPPER AVENUE AND EUCALYPTUS AVENUE In a memorandum dated November 16, 1989, Roger Hardgrave, Director of Public works/City Engineer, stated that a request was received from Dr. David L. Andrews, Superintendent of Rialto Unified School District, to vacate a portion of Jefferson Avenue between Eucalyptus and Pepper Avenues. Rialto Unified School 43 12/18/89 . District and West San Bernardino County Water District own all the property surrounding this portion of Jefferson Avenue. (60) Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the proposed vacation of a portion of Jefferson Avenue between Eucalyptus Avenue and Pepper Avenue; and that Plan No. 7984, showing the proposed vacation of a portion of Jefferson Avenue, between Eucalyptus Avenue and pepper, be approved. BUCKBOARD PARK - FINDING OF CHANGE IN SCOPE AND CONCEPT AND AUTHORIZATION FOR PAYMENT FOR EXTRA SERVICES- KAMMEYER & ASSOCIATES. In a memorandum dated November 21, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that in October, 1987, an agreement was approved with Kammeyer and Associates to develop a concept plan for Buckboard Park. After final submission of the plans and contract documents, additional revisions were requested. The consultant requested payment for extra services performed in the revision of the plans. (61) . Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that a finding be made that the scope and concept for Buckboard Park has been changed from the description of work in the agreement with Kammeyer and Associates, and payment of an additional $1,020.00 be authorized as compensation for the extra work done by the consultant. SPECIAL MUNICIPAL ELECTION NOVEMBER 7, 1989- CERTIFICATION OF RESULTS In a memorandum dated December 8, 1989, Shauna Clark, City Clerk, presented a report and certification of the results of the Special Municipal Election held on November 7, 1989. (62) Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the results of the Special Municipal Election, consolidated with the Statewide General Election held on November 7, 1989, as set forth in the Statement of Votes Cast, and certified by the Registrar of Voters, be declared official as follows: Total Votes Cast - 10,817 Measure liT" - Charter Amendment - Amending Article III, Section 40(r) Yes 5,909 No 3,895 . Measure "U" - Charter Amendment - Amending Article III, Section 31 3,505 6,422 44 12/18/89 . MC-694 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 15.37 TO THE SAN BERNARDINO MUNICIPAL CODE; ESTABLISHING POLICIES AND PROCEDURES FOR REVIEW OF BUILDING PERMIT APPLICATIONS FOR DEMOLITION OF HISTORIC BUILDINGS OR STRUCTURES AND ESTABLISHING AN HISTORIC PRESERVATION TASK FORCE. (S-5) A discussion ensued regarding the definition of a historic building. Larry questions. process to Reed, Director of Planning/Building Services answered He explained that the ordinance will set up the establish the definition of a historic building. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, that said ordinance be adopted. Ordinance MC-694 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Miller. Noes: Council Member Flores. Absent: None. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council meeting. . RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PARKING AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND INLAND EMPIRE PROPERTIES, LTD. , A CALIFORNIA CORPORATION, BY THE MAYOR OF THE CITY OF SAN BERNARDINO ON BEHALF OF SAID CITY. (27) City Administrator Julian answered questions regarding the provisions of the resolution. Council Member pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be continued to January 8, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 89-504 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR, EXECUTIVE DIRECTOR, DIRECTOR AND REPRESENTATIVE OF EMERGENCY SERVICES TO EXECUTE APPLICATIONS AND DOCUMENTS FOR THE PURPOSE OF OBTAINING FINANCIAL ASSISTANCE UNDER THE FEDERAL CIVIL DEFENSE ACT OF 1950 , AS AMENDED, EFFECTIVE JULY 5 , 1988, AND REPEALING RESOLUTION NO. 86-256. (28) Council Member Miller made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that said resolution be adopted. . 45 12/18/89 . . . Resolution Ayes: Council Ludlam, Miller. No. 89-504 was adopted by the following vote: Members Reilly, Flores, Maudsley, Minor, Pope- Noes: None. Absent: Council Member Estrada. COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council meeting. RESOLUTION OF THE CITY OF SAN BERNARDINO RELATING TO PROCEDURE FOR CITY-PROPERTY OWNER PARTICIPATION IN THE RECONSTRUCTION AND/OR REPAIR OF SIDEWALKS, CURBS AND GUTTERS LOCATED ON THE PUBLIC RIGHT-OF-WAY. (See Item 14, page 9) (29) Council Member Maudsley made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that said resolution be continued to January 8, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 89-505 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING CONTRACT FOR CONSTRUCTION OF IMPROVEMENTS. (ASSMT. DIST. #985) (INDUSTRIAL PARKWAY IMPROVEMENT DISTRICT) (34) Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 89-505 was adopted by the following vote: ayes: Council Members Reilly, Flores, Maudsley, Minor, pope- Ludlam. Noes: None. Absent: Council Members Estrada, Miller. RES. 89-506 A RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THE AMOUNT OF PROPERTY TAX REVENUES TO BE EXCHANGED BETWEEN AND AMONG THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO, RESULTING FROM THE JURISDICTIONAL CHANGE DESCRIBED BY LAFC 2570 AND REPEALING RESOLUTION NO. 89-435. (36) Council Member Flores made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 89-506 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, pope- Ludlam. Noes: None. Absent: Council Members Estrada, Miller. Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the amended proposed annexation of the territory generally located south of Hill Drive, at Third Avenue. 46 12/18/89 . RES. 89-507 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 8234 ENTITLED, IN PART, "A RESOLUTION . . . ESTABLISHING PARKING TIME LIMITATIONS UPON CERTAIN DESIGNATED STREETS OR ALLEYS, OR PORTIONS THEREOF. . ."; AND AUTHORIZING THE IMPLEMENTATION OF A TWO-HOUR PARKING LIMITATION ON SIXTH STREET BETWEEN "F" STREET AND "E" STREET, APPLICABLE TO THE SOUTH SIDE ONLY, AND ON "F" STREET BETWEEN 325 FEET SOUTH OF SIXTH STREET AND SIXTH STREET. (37) RES. 89-508 - 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 HUNTS LANE IS A THROUGH HIGHWAY FROM AND INCLUDING HARWICK DRIVE NORTH TO HOSPITALITY LANE EXCEPT FOR VEHICLES TRAVELING EASTBOUND AND TURNING SOUTHBOUND ON "E" STREET. (38) Council Member Flores made a motion, seconded by Council Member Maudsley, that said resolutions be adopted. Resolution Nos. following vote: Ayes: Minor, pope-Ludlam. Estrada, Miller. 89-507 and 89-508 were Council Members Reilly, Noes: None. Absent: adopted by the Flores, Maudsley, Council Members . RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF AN UNDERGROUND UTILITY ASSESSMENT DISTRICT; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 992, AND WAIVING NOTICE AND HEARING. (Lena Rd. & Tennis Court Lane) (35) Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be continued to January 8, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council meeting and took her place at the Council table. RES. 89-509 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 14235, LOCATED ON THE SOUTHEAST CORNER OF MACY STREET AND RIALTO 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. (39) . 47 12/18/89 . RES. 89-510 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING INCREASED INSPECTION AND CONNECTION FEES FOR CONNECTING ANY PROPERTY TO A PUBLIC SEWER AND RESCINDING RESOLUTION NO. 89-459. (41) RES. 89-511 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO PACIFICORP CAPITAL INC. FOR THE FINANCING OF ONE ( 1) ROTATING DERRICK TRUCK (POLE CAT), ONE (1) TRAFFIC PAINT STRIPPER (LP9004), FIRE DISPATCH COMMUNICATIONS CONSOLE, POLICE DEPARTMENT DISPATCH CONSOLE UPGRADE AND CALL CHECK AND ALARM RECORDER, TO BE UTILIZED BY THE FIRE DEPARTMENT AND POLICE DEPARTMENT AND STREET DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION LP9004 AND LP9007. (42) Council Member Minor made a motion, seconded by Council Member pope-Ludlam that said resolutions be adopted. Resolution Nos. 89-509, 89-510 and 89-511 the following vote: Ayes: Council Members Maudsley, Minor, pope-Ludlam, Miller. Noes: Council Member Estrada. were adopted by Reilly, Flores, None. Absent: IMPASSE HEARING - FIRE FIGHTERS (Considered earlier in the meeting. (See page 14) (46) . Council Member Maudsley made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the impasse hearing regarding fire fighters matters be continued to 10: 00 a.m., January 8, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECESS MEETING - CLOSED SESSION A 5:25 p.m., the Mayor and Common Council, Development Commission and Joint Powers Financing recessed to closed session for the following: Community Authority a. to give instrllction to the City' s/Commission' s negotiator on the purchase of property pursuant to Government Code Section 54956.8. The real property which the negotiations concern is generally located at: ; b. to consider personnel matters pursuant to Government Code Section 54957; c. to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6; (Fire negotiations/other labor matters) . 48 12/18/89 . d. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities pursuant to Government Code Section 54957. e. to confer with the litigation pursuant to 54956.9(b)(1), as there litigation; attorney regarding pending Government Code Section is significant exposure to f. to confer with the attorney regarding litigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending Section decide g. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section 54956.9(a) as follows: Citv of San Bernardino vs. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239193; . Stubblefield Construction Companv. Bernardino. et al - San Bernardino 232998; et al vs. Citv of San 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. Citv of San Bernardino - San Bernardino Superior Court Case No. 243087; Sock Dawson. et al vs. Citv of San Bernardino. et al- United States District Court Case No. SA 88-461 AHS (RWRx); Barron/Alcarez vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 241692; Revnolds vs. Citv of San Bernardino Superior Court Case No. 248752; Dudlev Brewster. et al vs. Southern Pacific Railroad. et al - San Bernardino Superior Court Case No. 249736; San Bernardino Save San Bernardino vs. Citv of San Bernardino San Bernardino Superior Court Case No. 250425; Brenda Anderson vs. City of San Bernardino - San Bernardino Superior Court Case No. 243039; . 49 12/18/89 . . . C.F.B. Investments. Ltd. vs. Citv of San Bernardino - United States District Court - Case No. SA CV89-862 JSC (RWRx); Ronald W. Haslam and Mrs. Ronald W. Haslam vs. City of San Bernardino - San Bernardino Superior Court Case No. 250949; Valenzuela vs. Citv of San Bernardino. et al San Bernardino Superior Court Case No. 242137; Fink vs. City of San Bernardino - San Bernardino Superior Court Case No. 237134; Navarette vs. Citv of San Bernardino - Los Angeles Superior Court Case No. C702398; Southern Pacific Equalization. et al 877359 Transportation Co. vs. Board of - San Francisco Superior Court Case No. CLOSED SESSION At 5:25 p.m., the closed session was called to order by Mayor Holcomb in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Pope- Ludlam; Sr. Assistant City Attorney Barlow; City Administrator Julian. Absent: Council Members Estrada, Miller; Deputy City Clerk Reese. Also present: Assistant City Attorney Brue. ADJOURN CLOSED SESSION At 5:25 p.m., the closed session was adjourned to the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 6:00 p.m., the regular meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Reese with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor; Sr. Assistant City Attorney Barlow, Deputy City Clerk Reese, City Administrator Julian. Absent: Council Members Estrada, Pope-Ludlam, Miller. 50 12/18/89 . INSTALLATION OF TRAFFIC SIGNALS AT 40TH AND MT. VIEW AVENUE - STEINY AND COMPANY - APPROVAL AND ACCEPTANCE OF WORK - CONTINUED FROM DECEMBER 4, 1989 This is the time and place continued to for consideration of the approval and acceptance of work on installation of traffic signals at 40th Street and Mt. View Avenue by Steiny and Company. (47) In a memorandum dated October 25, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that all work under this contract with Steiny & Company for the installation of traffic signals at 40th Street and Mt. View Avenue was satisfactorily completed on August 25, 1989. The final contract price was $85,250. Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the work performed by the contractor for the installation of traffic signals at 40thStreet and Mt. View Avenue, in accordance with Plan No. 7382, be approved and accepted; and that final payment be authorized at the expiration of the lien period. . AUTHORIZE PLANNING STAFF TO INITIATE GENERAL PLAN AMENDMENT - CHANGE LAND USE DESIGNATION FROM RU-1 TO CG-1 ALONG 5TH STREET, FROM FLORES STREET TO HERRINGTON AVENUE In a memorandum dated December 4, 1989, Council Member Estrada requested that Planning staff initiate a General Plan amendment to change the land use designation from RU-1 to CG-1 along Fifth Street, from Flores Street to Herrington Avenue. (51) Council Member Minor made a motion, seconded by Council Member Reilly that the request for a change of land use designation from RU-l to CG-1 along 5th Street, from Flores Street to Herrington Avenue be continued to January 8, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ADJOURNMENT At 6:03 p.m., Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that the meeting be adjourned to 1:30 p.m., January 3, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (71) 1fJ$V~ ~ Deputy City Clerk No. of items: 81 No. of hours: 9.5 . 51 12/18/89