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HomeMy WebLinkAbout02-06-1989 Minutes . . . Clty of San Bernardino, California February 6, 1989 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Wilcox at 9:10 a.m., Monday, February 6, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Californla. INVOCATION The Invocation was glven by Rev. Michael Samartha of St. John's Eplscopal Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tempore Minor. ROLL CALL Roll Call was taken wlth the followlng being present: Mayor Wilcox; Councll Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; Assistant City Attorney Brue, City Clerk Clark, Acting City Administrator Robblns. Absent: Councll Member Pope- Ludlam. MEMORIAL - ESTELLA JARVIS Phil Arvlzo, Executive Asslstant to the Council, spoke In memory of Estella Jarvis, Executive Secretary to the Council, and a Clty employee for 22 years, who passed away January 30, 1989. PUBLIC COMMENTS - THE SWORD A citizen identifying himself as the Anti-Christ, also known as the Sword, Commander-In-Chief of the House of Ying during the battle of Armageddon, stated that the taping of all meetlngs of the Mayor and Common Council lS required to be announced according to the Supreme Court deClsion in the case of Davis vs. Mississlppi. (A) He requested an opportunlty to glve the Invocation at the next Councll meeting, or that cause be shown why he cannot do so. PUBLIC COMMENTS - SUSAN L. ROGERS - AKA SUSAN HARTMANN Susan L. Rogers, a citizen identifying herself as a member of the House of Wrath, requested that the Mayor and Common Council present the agenda ltems in a professional manner. (A) COUNCIL MEMBER POPE-LUDLAM ARRIVED At 9:20 a.m., Councll Member Pope-Ludlam arrived at the Councll Meeting and took her place at the Council Table. - 1 - 2/6/89 . . . - PRESENTATION - VETERANS OF FOREIGN WARS - POW/MIA FLAG Jim Duff, All American Commander Veterans of Foreign Wars, introduced President of Veterans of Foreign Wars Auxiliary Past President, and Joyce Secretary. of Post 8737 of the Connie Diaz, Auxiliary Post 8737; Doris Duff, Smith, Auxiliary Past (B) All American Commander Duff and Auxillary President Diaz presented Mayor Wilcox with a POW/MIA flag to replace the flag that was previously presented to the City and was stolen. PROCLAMATION - NATIONAL ENGINEERS' WEEK - FEBRUARY 19 - 25, 1989 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor proclaiming February 19 - 25, 1989, as National Engineers' Week in the City of San Bernardino. (B) Roger Hardgrave, Director of Public Works/City Engineer, was present to accept the proclamation. COUNCIL MINUTES - DECEMBER 19, 1988 Council Member Estrada made a motion, seconded by Councll Member Reilly and unanimously carried, that the mlnutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on December 19, 1988, be approved as submitted in typewritten form. (1) COUNCIL MINUTES - JANUARY 3, 1989 Council Member Estrada made a motion, Member Reilly and unanimously carried, that mlnutes of the meeting of the Mayor and City of San Bernardino held on January 3, February 20, 1989. seconded by Council the approval of the Common Council of the 1989, be continued to (1 ) WAYS AND MEANS COMMITTEE MEETING REPORT - JANUARY 23, 1989 Council Member Estrada made a motlon, seconded by Council Member Reilly and unanimously carried, that the minutes of the Ways and Means Committee meeting held on January 23, 1989, be received and filed. The following topic was discussed at that meetlng: (2) 1. Request for flnancial assistance fees for Black History Parade - Jim California Gas Co. and walver of King, Southern - 2 - 2/6/89 . LEGISLATIVE REVIEW COMMITTEE MEETING REPORT - JANUARY 19, 1989 Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the minutes of the Legislative Review Committee meetlng held on January 19, 1989, be received and filed. The following topics were discussed at that meetlng: (3) 1. Amendment to ordlnance allowing for City-wide selection of Cemetery Commissioners. 2. Walver or refund of fees for charitable organizations. 3. Protection of view in Foothill area - issue paper by Plannlng. 4. Financlng certaln lmprovements in Verdemont area. . REQUEST FOR APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' DECISION - DEMOLITION OF 528 N. "H" STREET - DR. H. S. LEE In a letter dated January 9, 1989, Dr. H. S. Lee, P. O. Box 599, Haleyville, Alabama 35565, appealed the decision of the Board of Building Commissioners that the resldence located at 528 N. "H" Street be demolished. He stated his willingness to lmprove and repair the premises. He asserted that the letters of notlfication of a discrepancy with the property were sent to the prevlous owner and he had no knowledge of a problem until he recelved the letter of notiflcation for the hearing. (4) Councll Member Estrada made a motion, seconded by Council Member Reilly and unanlmously carried, that the appeal of the Board of Building Commlssioners' decislon to demolish the resldence located at 528 N. "H" Street, be set for hearlng on February 20, 1989, at 10:30 a.m. BICEP BOND ISSUE - OFFICIAL STATEMENT In a memorandum dated January 19, 1989, James Robbins, Acting City Administrator, provided a report concerning the Official Statement for BICEP (Big Independent Cltles Excess Pool). He reported that BICEP now has $15,055,000, less the cost of start-up and issuance, ln a AAA rated Money Market Account. The Board has lnstructed Counsel to identify one or two Government Investment Contracts in which to invest the bulk of the funds. (5) . Council Member Estrada made Member Reilly and unanimously Statement" of the BICEP Bond Issue a motion, seconded by Council carried, that the "Official be recelved and filed. - 3 - 2/6/89 . NUNEZ PARK SOCCER FIELD LIGHTING - FINDING OF NEED FOR HEALTH AND SAFETY REASONS In a memorandum dated January 12, 1989, Roger Hardgrave, City Engineer, explained that the lightlng system at Nunez Park Soccer Field has been shut down due to ltS deteriorated condition. The security lightlng for Nunez Park is a part of this system. (6) Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that a finding be made that the replacement of lighting for the Nunez Park Soccer Fleld, in accordance with Plan No. 7597, is needed for health and safety reasons. . NUNEZ PARK SOCCER FIELD LIGHTING - APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated January 12, 1989, Roger Hardgrave, City Engineer, itemized the project cost estimate to replace the lighting for the Nunez Park Soccer Field. The total cost is estlmated at $108,200.00, of which $103,580.00 has been budgeted. The remaining $4,620.00 is to be derived from Account No. 243- 363-57531, Development of Nunez Park, Phase II. (7) Council Member Estrada made Member Reilly and unanlmous1y replacement of lighting for accordance with Plan No. 7597, be of Public Works/City Engineer bids. a motion, seconded by Councll carried, that the plans for Nunez Park Soccer Field, ln approved; and that the Director be authorized to advertise for TRANSFER OF GENERAL FUND AND CDBG MONIES - VICTIM SUPPORT SERVICES PROGRAM - ROOF REPAIR AT BRANCH LIBRARIES AND COMMUNITY CENTERS In a memorandum dated January 20, 1989, Ken Henderson, Director of Community Development, gave the background concernlng the request for funding of roof repairs at branch libraries and community centers and financial asslstance for the Pollce Department's Victim Support Services Program. (8) Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the Finance Director be authorized to transfer $21,000 from Acct. No. 105-471-53105 to the Victlm Support Services Program (Police Department) and that $21,000 in CDBG funds be transferred from Acct. No. 121-544-57735 to Acct. No. 105-471-53105 to accomplish the continuing operation of the Victim Support Services Program and repair of roofs at . varlOUS branch libraries and community centers. - 4 - 2/6/89 . . . CLAIMS AND PAYROLL Council Member Estrada made a motion, seconded by Counc1l Member Reilly and unanimously carried, that the claims and payrolls, and the authorization to issue warrants as listed on the memorandum dated January 16, 1989, from the Director of Finance, be approved. (9) PERSONNEL ACTIONS Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the Personnel Actions, submitted by the Director of Personnel in a memorandum dated January 19, 1989, 1n accordance with all administrative regulations of the City of San Bernardino, be approved. (10) BOARD OF BUILDING COMMISSIONERS' RESOLUTIONS Council Member Pope-Ludlam stated that she would abstain from voting on the Board of Building Commissioners' resolutions, as her name is listed on one of the properties. (11) Council Member Minor made a motion, seconded Member Reilly, that the following Board of Commissioners' resolutions be f1led: by Coun":.Ll Build1ng BBC 1254 BBC 1255 BBC 1256 BBC 12 58 BBC 1259 BBC 1260 Victoria & Monica Rodriguez Brian Burton Sharon L. Cooper Valerie Pope-Ludlam Sharon Cooper Sandra Marples 1487 W. Kingman Avenue 296 E. 34th Street 1724 W. 28th Street 1742 W. 28th Street 1781 W. Mallory Street 227 W. 10th Street The motion carried by the Members Estrada, Reilly, Flores, None. Absent: None. Abstain: following vote: Ayes: Counc1l Maudsley, Minor, M1ller. Noes: Council Member Pope-Ludlam. APPEAL HEARING - PARKING PLACE COMMISSION'S DECISION - TABLE REQUEST FROM YO RAM S. SHILY FOR 86 PARKING SPACES IN PARKING DISTRICT LOT #1 - CONTINUED FROM JANUARY 3, 1989 This is the t1me and place continued to for an appeal hearing requested by Yo ram S. Shi1y regarding the decision of the Parking Place Commission to table his request for 86 parking spaces in Parking District Lot #1. (12) Council Member Minor made a motion, seconded Member Flores and unanimously carried, that the appeal cont1nued until 10:00 a.m. in order for interested attend. (See Page 19) by Counc11 hear1ng be parties to - 5 - 2/6/89 . . . COUNCIL MEMBER POPE-LUDLAM EXCUSED Counc~l Member Pope-Ludlam left the Council Meeting. RECESS MEETING - CLOSED SESSION At 9:35 a.m., Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the Common Council recess to Closed Session pursuant to the following Government Code Sections: 54956.9(b)(1), to confer with s~gn~ficant exposure to litigation; its attorney as there ~s (31) 54956.9(c), to confer with its attorney so that Council may decide whether to initiate litigation. (32) CLOSED SESSION At 9:35 a.m., Mayor Wilcox called the Closed order ~n the Conference Room of the Council Chambers, 300 North "D" Street, San Bernardino, California. Sess~on to Ci ty Hall, ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, Acting City Administrator Robbins. Absent: City Clerk Clark. Also present were: Senior Ass~stant City Attorney Barlow and Assistant City Attorney Brue. ADJOURN CLOSED SESSION At 11:08 a.m., the Closed Session Meeting of the Mayor and Common Bernard~no. adjourned to the Regular Council of the City of San RECONVENE REGULAR MEETING At 11:08 a.m., Mayor Pro Tempore Minor called the Regular Meet~ng to order in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Pro Tempore Minor; Council Members Estrada, Flores, Maudsley, Minor, Miller; Sen~or Assistant City Attorney Barlow, Deputy City Clerk Lang, Executive Director of the Redevelopment Agency Dukett. Absent: Mayor Wilcox; Council Members Re~lly, Pope- Ludlam. - 6 - 2/6/89 . . . COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT REGULAR MEETING The Regular Meeting of the Commission/Redevelopment Agency was called Pro Tempore Minor in the Council Chambers "D" Street, San Bernardino, California. AGENCY Community Development to order by Chairman of City Hall, 300 North COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. REQUEST FOR USE OF CITY SEAL/INSIGNIA ON MATERIAL IDENTIFYING THE REDEVELOPMENT AGENCY In a memorandum dated January 20, 1989, Steve Dukett, Executive Director of the Redevelopment Agency, provided a drawing of a combined City/Redevelopment Agency logo for proposed utilization on Redevelopment Agency letterhead and marketing materials. He explained that this would signify that the Agency's activities are in cooperation with the City. (R-9) The Mayor and Common Council Senior Assistant City Attorney possibility of problems arising from using the logo of the City. discussed the request and Barlow acknowledged the the Redevelopment Agency Council Member Flores made Member Maudsley unanimously carried, City Seal/insignia be authorIzed Redevelopment Agency. a motion, seconded by Council that the request to use the on materials identifying the MAYOR WILCOX RETURNED Mayor Wilcox returned to the Council Meeting and took her place at the Council Table. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. DEPUTY CITY CLERK REESE ARRIVED At 12:13 p.m., Deputy City Clerk Reese arrived at the Council Meeting and replaced Deputy City Clerk Lang. The Council, acting as the Community Development Commission, went into Closed Session. - 7 - 2/6/89 . . . ADJOURN MEETING At 12:25 p.m., Council Member Maudsley made a motion, seconded by Council Member Miller and unanimously carried, that the Regular Meeting adjourn to the Management Information Center (MIC Room) for a luncheon workshop. RECONVENE MEETING At 12:35 p.m., Mayor Wilcox called order in the Management Information Floor, City Hall, 300 North "D" Californla. the luncheon Center (MIC Street, San workshop to Room), Sixth Bernardino, ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Mauds1ey, Minor, Pope-Ludlam, Miller; City Attorney Penman, Deputy City Clerk Copeland, Acting City Administrator Robbins. Absent: None. LUNCHEON WORKSHOP - GENERAL PROCESS This is the time and place discuss the General Plan and the PLAN - PUBLIC HEARING set for a luncheon workshop to public hearing process. (23) Brad Kilger, Planning Director, stated that a draft General Plan and an Envlronmental Impact Report will be produced by March 27,1989. Vince Bautista, pUblic hearing process. Open House will be held of the General Plan on process will begin April spoke regarding the February 25, 1989, an owners of the effects The public hearlng Principal Planner, He stated that on to advise property their property. 1, 1989. Valerie Ross, Senior Planner, explalned the purpose of the Environmental Impact Report and described how it is developed. No official action was taken. ADJOURN LUNCHEON WORKSHOP At 1:20 p.m., Council Member Maudsley made a motlon, seconded by Council Member Miller and unanimously carried, that the luncheon workshop adjourn to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 2:11 p.m., Mayor Wilcox called the Regular Meeting to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. - 8 - 2/6/89 . . . ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Flores, Maudsley, Minor, Pope- Ludlam, Miller; Assistant City Attorney Brue, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Member Reilly. PUBLIC HEARING - REQUEST TO AMEND INTERIM POLICY DOCUMENT NO. 88-2 - PROPERTY VENTURES - BOND STREET, WEST OF LITTLE MOUNTAIN DRIVE This is the time and place set for a pUblic hearing to consider a request from Property Ventures to amend the Interim Policy Document No. 88-2 to change the land use designation on property located at 3434 N. Bond Street, west of Little Mountain Drive, adjacent to the Shandin Hills Golf Course, from "RL" Residential-Low to "CO" Commercial-Office. (28) In a memorandum dated January 17, 1989, Planning Director Kilger provided a Staff Report concernlng the request for an amendment to the Interim Policy Document 88-2 and an Initial Study dated December 6, 1988, for the proposed change in land use designation. He explained that the change in zoning is being requested to allow the applicants to continue with the development of a three-story, 64,000 square foot professional office structure with 184 parking stalls. He pointed out that the Environmental Review Committee recommended approval of a Negative Declaration for the proposed amendment. It is the conclusion of the Planning Department that the office building could be consldered an appropriate land use contiguous to the Shandin Hills Golf Course. Mayor Wilcox opened the hearing. John information introduced Department. Montgomery, Principal Planner, presented background on the proposed change in land use designation. He the following two letters received by the Planning In a letter dated February 2, of the Shandin Hills Golf Club, rezoning of the property to permit 1989, Henry Bickler, President wrote in favor of the proposed the office building. In an undated letter recelved by the Planning Department on February 6, 1989, Kent and Karen Vorhies, homeowners at 3448 N. Bond Street, wrote against the rezoning. They feel the neighborhood lS completely residential and a three-story commerclal complex would not be beneficial to the surrounding community. - 9 - 2/6/89 . . . Principal Planner Montgomery answered questions regarding the height of the proposed three-story office building, and a block wall being required to separate it from the adjacent residential neighborhood. A discussion ensued regarding the impact of the proposed office building on traffic at the intersection of Bond Street and Little Mountain Drive, and whether or not another traffic signal lS needed in that area. Assistant City Council that the consistent with the reminded the Mayor and Common use designation must be Attorney Brue change In land new General Plan. Principal Planner Montgomery stated that if the applicant's request to change the land use designation is approved today, the changes will be included in the Interim Policy Document and will be consistent with the General Plan. Richard Johns Newport Beach, development due to process. of Property Ventures, 12 Corporate Plaza, described the delays encountered by this the moratorium and the General Plan revision He explained how the drainage problem and the boundary line error involving the entrance to the golf course were resolved. He spoke regarding traffic studies that were made on the area during peak traffic hours. Mr. Johns reported that the two tenants he has so far for the proposed office building are "Headquarters" and "California Institute", a business/vocatlonal school. Tenants have been secured for 55% of the building and only professional users, such as lnsurance companies, will be considered. Principal Planner Montgomery answered questions concerning traffic in the area, stating that most of it is transitional use. He answered further questlons regarding emergency access to the area by the Fire Department. Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the hearlng be closed; that the amendment to the Interim Policy Document No. 88- 2, which changes the land use designation from "RL" Rc:::idential- Low to "CO" Commercial-Office for the 2.84 acre site, be approved; and that the Negative Declaration and the corresponding Initial Study mitigation measures be adopted. - 10 - 2/6/89 . . . APPEAL HEARING - PLANNING COMMISSION'S CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 88-52 - ALBERT R. MAMLOUK - 771 NORTH "D" STREET - CONTINUED FROM JANUARY 17, 1989 This is the time and place continued to for consideration of an appeal by Albert Mamlouk regarding conditions of approval placed on Conditional Use Permit 88-52 for off-site sale of beer and wine at the new location of his 7-10 Store at 771 N. "D" Street. (27) Brad Ki1ger, Planning Director, provided background information regarding this appeal of the following five conditions placed on the conditional use permit by the Planning Commission as recommended by the Police Department in order to mitigate potential police enforcement problems: 2. No wine or distilled spirlts shall containers less than 750 mi. 12 ounce shall not be sold in quantities less than be sold in wine coolers four packs. 3. No malt beverage products shall be sold in less than six pack quantities per sale. Quarterly gross sales of all alcoholic beverages shall not exceed 25% of the quarterly gross sales of all food products. 4. 5. No coin operated amusement devices shall be maintained on the licensed premises. 6. Hours of operation shall be 9:00 a.m. to 10:00 p.m. Assistant City Attorney that the conditions are legal; enforce. No determination department will be responsible with Condition #4. Brue answered questions, stating however, they will be difficult to has been made as to what City to audit the books in connection She explained that the conditions were recommended in response to neighborhood concern that the store would change from a convenlence store to a liquor store. Detective Dick Rice of the San Bernardino Police Department recounted his investigative report of the neighborhood, stating that thls area is 257% above average for crime stats in reporting districts. A high percentage of these crimes are alcohol related. He related past problems at this address due to alcohol. - 11 - 2/6/89 . . . Detective Rice stated that the neighborhood's Area Commander and the Chief of Police protest alcohol licenses in this particular neighborhood, and hope to implement all ten of the Conditions placed on this conditional use permit. He answered questions regarding incidents of crime related to alcohol in this neighborhood and recounted information received during contact of neighboring businesses. He answered further questions regarding how his investigation was conducted and the types of questions he asked. The Mayor conditional use door into a new and Common Council discussed the fact that this permit is for an existing business to move next building. Detective Rice answered questions, explaining that the Police Department is protesting alcohol l~censes in areas of the city with high crime stats, as a means of curbing crime. He answered further questions regarding the protesting of these licenses in other parts of the city. Discussion ensued regarding the processing of applications for and wine by convenience stores. a change in policy concern~ng licenses for the sale of beer Sergeant Tull, Police Department Vice Detail, described the number of reporting districts ~n the city. He approximated that out of the 162 to 164 districts, the number of districts that would have alcohol licenses protested under ABC Rule 613 due to concentration, would be 40 to 60. John Montgomery, Principal Planner, answered questions regarding the conditional use permit approval process by the P1ann~ng Commission, and the number of permits that have been granted with conditions in the last two years. Mary Irving, Execut~ve Director of the San Bernardino County Community Housing Resources Board, 721 N. "D" Street, stated that during the last two years, since the opening of the 7-10 store, her facility has had on-going alcohol related crimes. She descr~bed the problems incurred by her business, and stated that the sale of liquor in the neighborhood is a deterrent to all businesses in the area. Ms. Irving requested that if the Mayor and Common Counc~l decide to allow the sale of alcohol at this locat~on, that the sale of single container alcoholic beverages be prohibited. - 12 - 2/6/89 . . . Mary Irving related that her landlord, Rose Mihata, was unable to be present at this hearing, but requested that she relay Ms. Mihata's opposition to the sale of single container alcoholic beverages in the neighborhood. John Lightburn, on behalf of Bob Holcomb, representing Mr. Mam1ouk, read a letter dated December 5, 1988, from Bill Carey, a neighboring business owner who supports the 7-10 store being permitted to sell single containers of alcoholic beverages. Mr. Lightburn contended that the proposed new facility will increase the property value of surrounding businesses and improve the downtown area in general. He presented drawings of the three new buildings proposed by Mr. Mamlouk. Mr. Lightburn agreed wlth the first sentence of Condition #2, and stated that the requirement that no wine or distilled spirits shall be sold in containers less than 750 ml. is in the ABC licensing requirements. He requested that the requirements in the second sentence of Condition #2 regarding the sale of 12 oz. wine coolers, and Condition #3 regarding malt beverages, be removed. He requested that Condition #4 be repealed. Mr. Lightburn spoke regarding the flood control located behlnd the proposed building. Assistant City Attorney Brue Council that any requirements of are separate and distinct from conditions should be imposed. reminded the the Building & whether all Mayor and Common Safety Department or part of these MAYOR WILCOX EXCUSED At 3:22 p.m., Mayor Wilcox left the Council Meeting and was replaced by Mayor Pro Tempore Minor. Albert Mamlouk, owner of the 7-10 store, answered questions concerning how he intends to control the alcohol related problems his neighbors are experiencing as a result of his business. A discussion ensued regarding the implementation of Condition #4, which requires that quarterly gross sales of all alcoholic beverages shall not exceed 25% of the quarterly gross sales of all food products. Assistant City Attorney Brue answered questions regarding the audit of Mr. Mamlouk's books in order to implement Condition #4, and advised the Council that the conditions proposed by the Police Department are necessary, but there needs to be a way to monitor the auditing of the books. - 13 - 2/6/89 . . . Mr. Lightburn stated Conditions Nos. 1, 5, 6, 7, problems with that 8, 9, they have and 10. no Mr. Mamlouk answered questions and explained that his permits are being approved for construction, but he will not be able to complete his project with the reduction in income that will result from the Police Department's ten recommended conditions. Assistant City Attorney Brue answered questions regarding the figure of 25% being used in Condition #4, stating that it was applied by the Police Department. The ABC requires that the sale of alcoholic beverages not exceed' 40% of gross sales. Detective Rice answered questions, stating that prior to this time, the ABC used the figure of 25% to control the amount of quarterly gross sales of alcoholic beverages. He explained that this is the first application he has seen in which the figures of 40% was applied by the ABC. John Lightburn presented a letter from Mr. Mamlouk to the ABC stating the conditions to which he would adhere in order to move his license. Attached to the letter was a note from Barbara Lyons of the ABC stating that these are the conditions currently on his old license. They must be continued'to the new license. Assistant City Attorney Brue reminded the Mayor and Common Council that the City can attach conditions in addition to those attached by the ABC. Discussion ensued that the business wil~ with quarterly reports any increase in alcohol regarding the insertion of a restriction be monitored for the next twelve months to the Mayor and Common Council regarding related incidents. Mr. Lightburn requested that any incidents attributed to Mr. Mamlouk's business be based upon more than hearsay. He stated that the amount of Mr. Mamlouk's investment in his new business will make him very careful in the operation of his business, as his conditional use permit will rest upon its conduct. It is hoped that the newly constructed building will attract a better clientele than what he has previously experienced. The Mayor and Common Council discussed the restriction of eliminating the sales of unit alcoholic beverages to help with the crime problem and setting a policy to apply this on an on- going basis instead of making special restrictions. - 14 - 2/6/89 . . . Council Member Member Maudsley and closed. Flores made a motion, seconded by Council unanimously carried, that the hearing be Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, that the Mayor and Council uphold the appeal and approve Conditional Use Permit No. 88-52 subject to the Findings of Fact and Conditions of Approval contained in the Statement of Official Planning Commisslon Action, but deleting Condition Nos. 2, 3, 4, 6 and 8; and that a three block radius be identified around the 7-10 store and the Police Department report back to the Mayor and Common Council on a quarterly basis any activity or added problems, or lack of problems, within that geographical area, for consideration of revoking that permit. The Mayor and Common Council discussed whether a three block radius is too large for prOblems to be identified with this business, and that Condition Nos. 1, 5, 7, 9 and 10 should be placed on the conditlonal use permit. Assistant City Attorney Brue pointed out that Mr. Mamlouk had previously lndicated that he would comply with Condition Nos. 6 and 8. James Robbins, Acting City Admlnistrator, relterated that Slnce the applicant had previously agreed to Condition Nos. 6 and 8, they should be eliminated from the motion. Council Member Estrada made an amended motion, seconded by Council Member Pope-Ludlam, that the Mayor and Council uphold the appeal and approve Conditional Use Permit No. 88-52 subject to the Findings of Fact and Conditions of Approval contained in the Statement of Official Planning Commission Action, but deleting Condition Nos. 2, 3 and 4; that the Police Department identlfy the neighbors one block on each side of the proposed convenlence store (between "E" Street and Arrowhead Avenue, and 6th and 8th Streets) and report to the Mayor and Common Council any complaints from them on a quarterly basis. D1Scussion consideration recommendations ensued regarding the need of thlS type of request of the Police Department. conslstency ln following the for and The motion failed by the following Members Estrada, Pope-Ludlam, Miller. Flores, Maudsley, Minor. Absent: Council Council Members vote: Noes: Member Ayes: Council Reilly. - 15 - 2/6/89 . The result of Planning Commission to permit stands. (This recess. See Page 16) this action IS that the ~ecision of the conditionally approve the conditional use sUbject was brought up after the following RECESS MEETING At 3:55 p.m., Mayor Pro Tempore Minor called for a five- minute recess of the Council Meeting. RECONVENE MEETING At 4:10 p.m., Mayor Mayor and Common Council in the Council Chambers Bernardino, California. Wilcox called the Regular Meeting of the of the City of San Bernardino to order of City Hall, 300 North "0" Street, San ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Flores, Maudsley, Minor, Pope- Ludlam, Miller; Assistant City Attorney Brue, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Member Reilly. . APPEAL HEARING - PLANNING COMMISSION'S APPROVAL OF CONDITIONS - CONDITIONAL USE PERMIT NO. 88-52 - ALBERT MAMLOUK - 771 NORTH "0" STREET - CONTINUED FROM EARLIER IN MEETING Assistant City Attorney Brue advised the Council that another motion could be made conditional use permit, as the previous motion recess had failed. (See Page 15) Mayor and Common concerning this made before the (27) Council Member Estrada made a motion, seconded Member Pope-Ludlam, ~hat this matter be continued February 20, 1989, during the Regular Meeting of Common Council of the City of San Bernardino. by Council to 2:00 p.m., the Mayor and The motion carried by the following vote: Members Estrada, Flores, Minor, Pope-Ludlam, Council Member Maudsley. Absent: Council Member Ayes: Miller. Reilly. Council Noes: . APPEAL HEARING - PLANNING COMMISSION'S CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT 88-46 - TENTATIVE TRACT 14110 - WHISPERING GLEN AT SOUTHPOINTE, SOUTH OF COMMERCIAL ROAD, NORTH OF HARWICK DRIVE, WEST OF FOXCROFT LANE This is the time and place set for an appeal hearing requested by Century Homes, concerning conditions of approval placed on Conditional Use Permit 88-46 for Tentative Tract 14110, consisting of 115 dwelling units. This property is located south of Commercial Road, north of Harwick Drive and west of Foxcroft Lane in the South Pointe area. (S-l) - 16 - 2/6/89 . . . In a memorandum dated January 30, 1989, Brad Ki1ger, Planning Director, provided a Staff Report with the Summary, Conditions, Standard Requirements, a copy of the Procedure and Policy for Landscaping and Irrigation of Assessment Districts and Multi Unit, Commercial and Industrial projects dated January, 1988, and the Initial Study for the project dated December 5, 1988, which included an Environmental Impact Checklist. The Planning Commission conditionally approved Tentative Tract 14110 and Conditional Use Permit 88-46 by a vote of five to two, with eight condit~ons. Approval was given for the adoption of the Negative Declaration and Request subject to conditions and standard requirements. In a letter dated January 19, 1989, Rod Placencia, Project Director for Century Homes, appealed the following three conditions of approval: Condition 6(b) regarding Active Recreation Amen~ties; Standard Requirement 8 regarding Front Setback Width; and Standard Requirements 6 & 7 regarding Minimum Lot Depth. Mayor Wilcox opened the hear~ng. background questions many lots each unit Brad Kilger, Planning Director, presented information regarding the appeal. He answered regarding the size of the proposed subd~vision, how would require a 15 foot setback, and the added cost to for active recreation amenities. Mr. K~lger stated that the City Municipal Code 25% open recreational space; however, the applicant 18%, or approx~mately five acres of open space. provides for is providing Rod Placencia, Project Director for Century Homes, 6867 A~rport Drive, Riverside, California, referred to his appeal letter dated January 19, 1989, and answered questions regarding the open recreational space and the passive open area. He stated that the average price for the proposed homes ranges between $1000 $1500 per month, ~n addition to an approximate $30 $40 association fee for maintenance and insurance for the active open area. Negotiations are being conducted with the adJacent development's homeowners association in an effort to keep costs down. Mr. Placencia stated that the pool area is costs of maintenance and insurance high, and he construction. Most of the lots are large enough could have their own pools. what keeps the discourages its that homeowners - 17 - 2/6/89 ,-- . . . He answered questions regarding his request for modification of the setback requirement to 15 feet. He requested that the lot depth requirement regarding Standard Requirement 6 be modified to a 76 foot depth for Lots 93 and 94 to give the homes more width, and that Standard Requirement 7 be deleted. Discussion followed regarding the sizes of the homes and the lots. Mr. Placencia explained that a second association fee of approximately $26 - $30, in addition to the standard association fee of $30 $40, might be necessary if the amenities are required. Richard Messer, President and Chairman of the Board for Colony Village, a neighboring development of single family homes, 137 Jackson Road, San Bernardino, California, agreed that there is low usage of the pool by homeowners and that it 1S an expensive item for the homeowners to maintain. He suggested that in place of adding a pool, that restroom facilities, child-tot lots and basketball and volleyball courts be required. Mr. Messer stated that some of Village development are not standard Homes proposes to construct full width in the Colony that Century the streets width, but streets. He contended that with a four-lot common area, there is no need for the 85 foot depth requirement for lots on the bulb of the cul-de-sac. Mr. Messer stated that his development's been approximately $76 a month, and that the $30 - $40 by Century Homes are realistic. association fee has projected costs of He requested the approval of this project because it is the desire of the association to see single family homes instead of condominiums at this location. He answered questions regard1ng the size of the park and the price of the homes in his association. Teresa Nay, Vice Pres1dent of Colony Village Associat1on, also requested the approval of Tentative Tract 14110 so that her development would have neighboring s1ngle-fami1y homes. Council Member Member Flores and closed. Minor made unanimously a motion, seconded by Council carried, that the hearing be - 18 - 2/6/89 . . . Brad Kilger, Planning Director, answered questions regarding the 25% open space requirement, and the amount of revisions that this project has undergone. The Mayor and Common Council discussed having four lots as open space and eliminating a swimming pool. the possibility of the condition for 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 Tentative Tract No. 14110 and Conditional Use Permit No. 88-46 be approved subject to the Findings of Fact, Conditions of Approval and Standard Requirements contained in the January 10, 1989, staff report to the Planning Commission; that the Mayor and Council accept the previous 1980 Cooley Ranch East EIR and 1981 Supplement to the EIR and certify the 1988 Traffic Supplement to the EIR; and that the condition for a pool be eliminated. Rod Placencia answered questions regarding the decrease in association fees as a result of e1lminatlng the condition for a pool. APPEAL HEARING - PARKING PLACE COMMISSION'S DECISION - TABLE REQUEST TO LEASE 86 PARKING SPACES IN PARKING DISTRICT LOT #1 - YORAM SHILY - CONTINUED FROM JANUARY 3, 1989 This is the time and place continued to for an appeal hearing requested by Yo ram S. Shily concerning the Parking Place Commission's decision to table his request to lease 86 parking spaces in Parking District Lot #1. (12) Mayor Wilcox opened the hearing. Bob Wirts, representing Mr. Shily of Shi1yco, the Stars, Suite 1525, Los Angeles, California concerning various buildings in the downtown received parking assistance from the City. 1901 Avenue of 90067, spoke area that have He answered questions regarding Department was required to have malntainlng parking at Fifth and "D" Street. whether or not the Welfare a condition of approval in Street and at Sixth and "E" Mr. Wirts building located Streets into a Spanish design. stated that his client plans to rehabilitate the on the northeast corner of Fourth and "F" two-level, multi-tenant retail building with a - 19 - 2/6/89 . . . He spoke regarding the concept of using parking space lease revenue to fund the building of additional parking facilities. Fred regarding revenue. Wilson, Assistant to the pros and cons the City Administrator, spoke of using the parking space lease Discussion ensued regarding the enforcement of downtown parking agreements and the lot at Sixth and "E" Streets. COUNCIL MEMBER MAUDSLEY EXCUSED Council Member Maudsley left the Council Meeting. Ann Harris, Director of Main Street, Inc., reported that a study has been completed and recommendations have been made concerning the downtown parking problem. She indicated that Mr. Shily is aware of the recommendations, but is not receptive to them. She explained that Mr. Shily wants a 30-year lease guaranteeing parking spaces in the downtown area. All other parking leases have a 30-day cancellation clause. Bob Wirts answered questions, stating that the brokers requested the 30-year lease with guaranteed parking so that the financiers of the building will have assurance of parking space. Discussion followed concerning the development of a parking plan for the downtown area. COUNCIL MEMBER MAUDSLEY RETURNED Council Member Maudsley returned to the Council Meeting and took his place at the Council Table. Ann Harris spoke regarding the management of available parking space in the downtown area. Mr. Wirts stated that option by the Parking replacement parking within feet of his building. Mr. Shily has been offered another District Commission, but he needs walking distance of approximately 700 Council Member Miller made Member Pope-Ludlam and unanimously closed. a motion, seconded by Council carried, that the hearing be Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the appeal of Yoram S. Shily concerning the Parking Place Commission's decision to table his request to lease 86 parking spaces in Parking District Lot #1 be denied. - 20 - 2/6/89 1------- I I . COUNCIL MEMBER MILLER EXCUSED Council Member M~ller left the Counc~l Meet~ng. READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of the resolutions on the agenda. Council Member Flores Member Minor and unan~mously resolutions be waived. made a motion, seconded by Council carried, that further reading of the COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council Meeting and took her place at the Council Table. Council Member Estrada made a motion, seconded by Council Member Flores, that the following resolutions be adopted. . RES. 89-29 - RESOLUTION OF THE CITY OF SAN BER- NARDINO APPOINTING ELECTION OFFICERS AND DESIGNAT- ING POLLING PLACES PURSUANT TO SECTION 2.56.110 OF THE SAN BERNARDINO MUNICIPAL CODE FOR THE PRIMARY MUNICIPAL ELECTION TO BE HELD MARCH 7, 1989. (13) RES. 89-30 - RESOLUTION OF THE CITY OF SAN BER- NARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF PUBLIC NUISANCES. (628 W. 7TH ST., 376 W. 18TH ST., 1282 W. 23RD ST., 1172 W. BASELINE, 1567 W. GILBERT ST., 896 N. "H" ST., 3021 PENNSYLVANIA AVE., 1158 N. SEPULVEDA) (15) Resolut~on Nos. 89-29 and 89-30 were adopted following vote: Ayes: Counc~l Members Estrada, Mauds1ey, Minor, Pope-Ludlam, Miller. Noes: None. Counc~l Member Reilly. by the Flores, Absent: COUNCIL MEMBERS MINOR AND MILLER EXCUSED Council Members Minor and Miller left the Council Meeting. RES. 89-31 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DIRECTING THAT THE CITY CLERK ATTEND CLOSED SESSIONS OF THE MAYOR AND COMMON COUNCIL AND KEEP MINUTES OF THE ACTIONS TAKEN THEREIN. (14) . The Mayor and Common Council discussed the wording of the resolution directing that the City Clerk shall attend Closed Session meetings and that Council staff be allowed to attend so that they are aware when action is taken in Closed Session. - 21 - 2/6/89 . . . Assistant City Attorney Brue explained that the City Charter states that the City Clerk shall attend all meetings. She also explained the legal ramifications of having staff in Closed Sess~on meetings. CITY ATTORNEY PENMAN ARRIVED City Attorney Penman arrived at the Council Meeting and replaced Assistant City Attorney Brue. City Attorney Penman stated that other staff present in Closed Session meetings, and resolution was drafted by his office in Charter. cities do confirmed compliance not have that the with the A discussion followed regarding the City Clerk not being present at Closed Session meetings. City Clerk Clark explained that she had initially stayed out of Closed Session meetings due to dissension as to the definition of a non-essential third party. City Attorney Penman stated that with the exception of Closed Sessions for litigation, there is more freedom in allowing department heads to attend Closed Session meetings. A Closed Session for litigation is for those people necessary for an attorney/client relat~onsh~p. He stated that he has no objection with department heads attending a Closed Session if the subject pertains to his/her department. He further stated that the Brown Act allows Council to adopt a resolution that provides for a person to keep a Closed Session minute book, and that the Charter states that the City Clerk is the person to do so. Counc~l Member Estrada made a motion, seconded by Council Member Maudsley, that said resolut~on be adopted. Resolution No. 89-31 was adopted by the following vote: Ayes; Council Members Estrada, Flores, Maudsley, Pope-Ludlam. Noes: None. Absent: Council Members Reilly, Minor, Miller. COUNCIL MEMBERS MINOR AND MILLER RETURNED Council Members Minor and Miller returned to the Council Meeting and took their places at the Council Table. Council Member Estrada made the motion, seconded by Council Member Minor, that the following resolutions be adopted. - 22 - 2/6/89 I ~ . RES. 89-32 - RESOLUTION OF THE CITY OF NARDINO CONFIRMING COSTS OF ABATEMENT NUISANCES AND IMPOSING LIENS ON CERTAIN ERTY LOCATED WITHIN THE CITY OF SAN FOR THE COSTS OF THE ABATEMENT. SAN BER- OF PUBLIC REAL PROP- BERNARDINO (16 ) . RES. 89-33 - RESOLUTION OF THE CITY OF SAN BER- NARDINO AWARDING A CONTRACT TO RICHARD HIBBARD CHEVROLET FOR THE FURNISHING AND DELIVERY OF A 3/4 TON TRUCK WITH UTILITY BODY, TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-89-20. (17) RES. 89-34 - RESOLUTION OF THE CITY OF SAN BER- NARDINO AWARDING A CONTRACT TO ANGELICA UNIFORM WESTERN RENTAL GROUP FOR THE FURNISHING AND DELIV- ERY OF UNIFORM SERVICES, TO BE UTILIZED CITY WIDE IN ACCORDANCE WITH BID SPECIFICATION F-89-23. (18) RES. 89-35 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, A MUNICIPAL CORPORATION, ACCEPTING A GRANT DEED FROM EDMUND B. GALVEZ AND AURORA GALVEZ, HUSBAND AND WIFE. (19) RES. 89-36 - RESOLUTION OF THE CITY OF SAN BER- NARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE COUNTY'S LOAN TO THE CITY OF AN EMERGENCY GENERATOR FOR FIRE DEPARTMENT EMERGENCY USE. (20) Resolution Nos. 89-32, 89-33, 89-34, 89-35 and 89-36 were adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Reilly. READING AND WAIVING OF ORDINANCES ON AGENDA City Clerk Clark read the titles of the ordinances on the agenda. Council Member Pope-Ludlam made Council Member Minor and unanimously reading of the ordinances be waived. a motion, carried, seconded by that further . ORD. MC-65l - ORDINANCE OF THE CITY OF SAN BERNARD- FINAL INO ADDING SECTION 9.80.015 AND AMENDING SECTIONS 9.80.010, 9.80.050 AND 9.80.060, AND REPEALING SEC- TIONS 9.80.020, 9.80.030 AND 9.80.040 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE CARRYING OF AN EXPOSED DANGEROUS WEAPON. (21) - 23 - 2/6/89 . . . Council Member Minor made a motion, seconded by Council Member Flores, that said ordinance be adopted. Ordinance MC-651 was adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Reilly. COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council Meeting. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING FIRST SECTIONS 2.17.040 AND 2.44.020 OF THE SAN BERNARD- INO MUNICIPAL CODE TO PROVIDE FOR EXCEPTIONS TO THE REQUIREMENTS FOR APPOINTMENT TO COMMISSIONS SO THAT A MEMBER OF THE CEMETERY COMMISSION NEED NOT RESIDE IN THE WARD OF HIS OR HER NOMINATING COUNCIL MEMBER. (22) Discussion Council Members residents within ensued regardlng difficulties encountered by in filling vacancies on commissions with their wards. Council Member Minor made Member Maudsley and unanimously laid over for final passage. a motion, seconded by Councll carried, that said ordinance be COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council Meeting and took her place at the Council Table. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. VERDEMONT AREA - PUBLIC IMPROVEMENTS - FINANCING STRATEGY In a memorandum dated January 6, 1989, Ken Henderson, Director of Community Development, responded to the Mayor and Common Council's June 20, 1988, request for the development of a financing plan for the construction of certain public lmprovements in the Verdemont Area bounded by Little League Drive on the west, the alignment of Cable Canyon Creek on the south, Devil's Canyon on the east and the National Forest boundary on the north. The following improvements were included: (24) - 24 - 2/6/89 ,-------- . 1. Palm Avenue Box Culvert; 2. Bailey Canyon Storm Drain and Debris Basin; 3. Chestnut Avenue Storm Drain and Debris Basin; 4. Traffic Signal at Palm Avenue and Kendall Drive; 5. Installation of curbs and gutters, along wlth full width street improvements at the following locations: a. Palm Avenue - from Kendall Drive to Ohio Street b. Irvington Avenue - from Chestnut to Pine Avenues c. Belmont Street - from Chestnut to Pine Avenues d. Pine Avenue - from Belmont Avenue to Ohio Street. In his memorandum, Mr. associated with the acquisition Resources of property owned Tract 11291, who was slated to Storm Drain. Henderson referred to problems by the State Department of Water by Monnig Development, Tentative put in much of the Bailey Creek . A Notice of Exemption dated January 13, 1989, from the Environmental Review Committee, stated that the financing strategy of these public improvements in the Verdemont Area is exempt from the prOV1Slons of the California Environmental Quality Act. Jim Richardson, Deputy City Adminlstrator/Deve1opment, stated that this item was referred to the Legislative Review Committee for consideration of issues relating to the proposed assessment distrlct boundaries and collection of fees. He stated that an additional assessment district wlll have to be created if for some reason the State Department of Water Resources is not able to proceed with the drainage improvements for the Bailey Creek Storm Drain and Debris Basin in the Verdemont Area. Mr. Richardson further explained that lf the conditions described in Mr. Henderson's memorandum dated January 6, 1989, are approved, the developer, Monnig Development, will be able to pull the necessary permits to begin construction of the single family units. Brad questions exemption Area. Kilger, Planning Director, was regarding environmental findings concerning the financing strategy present to answer of the statutory for the Verdemont . - 25 - 2/6/89 . Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that recommendations 1, 2, 3, 4, 5 and 6(d) in the staff report be adopted; that the Directors of Public Works, the Planning Department and the Acting Director of Building and Safety, be authorized and directed to process all plans in accordance with the California Environmental Quality Act and City policies and procedures up to and including the issuance of grading and building permits, Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the Director of Public Works/City Engineer be directed to issue any requests for proposals or letters of interest related to architectural and engineering services for any public improvement included in the Verdemont financing strategy, Further, that the Director of Public Works/City Engineer be directed to initiate the proceedings for the vacation of Chestnut Avenue. . BELMONT AND CHESTNUT AREA DRAINAGE DISTRICT - AUTHORIZATION TO PROCEED - CONTINUED FROM JANUARY 17, 1989 In a memorandum dated November 17, 1988, Roger Hardgrave, Director of Public Works/City Engineer, stated that in response to requests from residents in the Verdemont area, a plan has been prepared for the construction of a storm drain and appurtenant facilities in the area of Belmont and Chestnut Avenues, known as the Chestnut Avenue Storm Drain. (25) Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the City Engineer' and City Clerk be authorized to initiate proceedings for the establishment of an assessment district under the provisions of Chapter 12.90 of the Ban Bernardino Municipal Code and that the City Engineer be directed to prepare an Engineer's Report for the proposed construction of a storm drain and appurtenant facilities in the area of Belmont Avenue and Chestnut Avenue in the City of San Bernardino, known as the Chestnut Avenue Storm Drain, COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. . PALM AND KENDALL DRIVE AREA - SIGNALIZATION AND DRAINAGE DISTRICT - AUTHORIZATION TO PROCEED - CONTINUED FROM JANUARY 17, 1989 In a memorandum dated November 17, 1988, Roger Hardgrave, Director of Public Works/City Engineer, stated that a plan has been prepared for the installation of traffic signals at the intersection of Palm Avenue and Kendall Drive and for the construction of a box culvert at Palm Avenue and Cable Creek Channel. (26) - 26 - 2/6/89 . . . Brad Kilger, Director of Planning, answered questions regarding the boundary lines for the assessment district on Palm and Kendall Drive, stating that the boundary lines on the map attached to the staff report are the same as those discussed in previous Council action. Jim Richardson, Deputy City Administrator/Development, agreed that the boundary lines are the same. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the City Engineer and City Clerk be authorized to initiate proceedings for the establishment of an assessment district under the provisions of Chapter 12.90 of the San Bernardino Municipal Code and that the City Engineer be directed to prepare an Engineer's Report for the proposed installation of traffic signals at the intersection of Palm Avenue and Kendall Drive and for the construction of a box culvert at Palm Avenue and the Cable Creek Channel, in the City of San Bernardino. COUNCIL PERSONNEL COMMITTEE MEETING REPORT - JANUARY 26, 1989 Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the minutes from the Council Personnel Committee Meeting held January 26, 1989, be received and filed. The following items were discussed: (S-2) 1. Reclassification of Community Development Account Clerk III to Accounting Technician; 2. Employment Contracts Study lncluding department heads; 3. Proposed reorganization of Public Services Department; 4. Chief Negotiator - Evaluation of options. RECESS MEETING - CLOSED At 6:25 p.m., Council by Council Member Miller meeting recess to Closed Government Code Sections: SESSION Member Minor made and unanimously Session pursuant a motion, seconded carried, that the to the following 54956.9(c), to confer with its attorney so that decide whether to initiate litigation; Council may (32 ) 54956.9(a), to Iltlgation which has a party as follows: confer with its attorney regarding pending been initiated formally to which the City lS (33 & S-3) - 27 - 2/6/89 . . . City Manaqement. 238755; of San Bernardino ys. California Construction Inc.. et al - San Bernardino Superior Court Case No. Saldecke. et a1 vs. Citv of San Bernardlno. et al - San Bernardino Superior Court Case No. 236836; Cable Lake Association YS. City of San Bernardino - San Bernardino Superior Court Case No. 239714 and Case No. 239649; City of San Bernardino vs. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239193; Stubblefield Construction Company. Bernardino. et al San Bernardino 232998; et al YS. Clty of San Superior Court Case No. Juan Manuel Sanchez YS. City of San Bernardino - United States District Court Case No. CV87-2291 AWT (Bx); Charles H. Brown YS. City of San Bernardino - San Bernardino Superior Court Case No. 243087; Sock Dawson. et al YS. City of San Bernardino. et al- United States District Court - Case No. SA 88-461 AHS (RWRx); Barron/Alcarez YS. City of San Bernardino - San Bernardino Superior Court Case No. 241692; Barratt. Inc.. YS. City of San Bernardino - San Bernardino Superior Court Case No. 242433; Frank L. Ricker vs. City of San Bernardino - San Bernardino Superior Court Case No. E004275; Joe Acosta YS. City of San Appeal, Fourth District Diyision Court Case No. 227279); Bernardino. et a1 Court of Two - Case No. E004391 (Superior National Oranqe Show YS. City of San Bernardino - San Bernardino Superior Court Case No. 223094; John H. Hendricksen YS. City of San Bernardino. et al - San Bernardino Superior Court Case No. 234384; Mulica YS. City of San Bernardino - San Bernardino Superior Court Case No. 243108. - 28 - 2/6/89 . . . CLOSED SESSION At 6:25 p.m., Mayor Wilcox called the Closed Session to order in the Conference Room of the Council Chambers in City Hall, 300 North "D"Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Flores, Maudsley, Minor, Pope- Ludlam, Miller; City Attorney Penman, Acting City Administrator Robbins. Absent: Council Member Reilly; City Clerk Clark. Also present were: Senlor Assistant City Attorney Barlow, Assistant City Attorney Brue, Deputy City Attorney Dewey. ADJOURN CLOSED SESSION At 7:30 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 7:30 p.m., Mayor Wilcox called the Council Chambers of City Hall, 300 Bernardlno, California. the meeting to order in North "D" Street, San ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Flores, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Clark, Acting City Admlnlstrator Robbins. Absent: Council Members Reilly, Pope-Ludlam. ADJOURNMENT At 7:30 p.m., Councll Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the meeting be adjourned to 9:00 a.m., Monday, February 20, 1989, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. (34) ~4Zd/ City ~I Clerk -r No. of Items: 42 No. of Hours: 10 - 29 - 2/6/89