Loading...
HomeMy WebLinkAbout04-17-1989 Minutes . City of San Bernardino, California April 17, 1989 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Pro Tempore Miller at 9:05 a.m., on Monday, April 17, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by John Lowe of Campus Crusade For Christ International. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Estrada. . ROLL CALL Roll Call was taken by Ci ty Clerk Clark wi th the following being present: Mayor Pro Tempore Miller; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Acting City Administrator RObbins, City Clerk Clark. Absent: Mayor Wilcox, City Attorney Penman. PUBLIC COMMENTS - BILL PONDER Bill Ponder spoke on behalf of the Board of Building Commissioners, requesting that Council move expeditiously to appoint a new Director for Building and Safety and explained that a director is needed to prepare the budget. He further stated, that the Commission feels that the Building and Safety Department has been harmed by not having a director, and that any further delays may be counter productive to the department and the City. (A) with City. PRESENTATIONS - SERVICE PINS Mayor Pro Tempore Miller presented service pins for their years of several service employees wi th the (B) CITY ATTORNEY PENMAN ARRIVED City Attorney Penman arrived at the Council Meeting. . PROCLAMATION - CELEBRATION OF LIFE DAY APRIL 30, 1989 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino proclaiming April 30, 1989, as Celebration of Life Day in the City of San Bernardino. (B) 1 4/17/89 . Martin McEntarfer, Service Director for the American Cancer Society of San Bernardino, was present to accept the the proclamation. PROCLAMATION - DAY OF PRAYER - MAY 4, 1989 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino proclaiming May 4, 1989, as a Day of Prayer in the City of San Bernardino. (B) John Lowe, Assistant to For Christ International, proclamation. the President, Campus Crusade was present to accept the PROCLAMATION - HISTORY TREE DAY - APRIL 22, 1989 Richard Bennecke, Executive Assi stant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino proclaiming April 22, 1989, as History Tree Day in the City of San Bernardino. (B) Council Member Miller a member of the Save a Tree Committee, was present to accept the proclamation. . COMMENDATION - DEEANNE EGGLESTON Richard Bennecke, Executive Assistant to the Mayor, read a resolution of commendation of the Mayor of the City of San Bernard ino, commend ing Oeeanne Egg leston, who is blind as a result of diabetes, in pursuing her goal to ride a bicycle across the United States. (B) Deeanne Eggleston commendation. was present to accept the APPOINTMENT - BUREAU OF FRANCHISES - GREGORY E. TORRES, SR. - COUNCIL MEMBER ESTRADA Pursuant to a request from Council Member Estrada and a memorandum dated April 6, 1989, from Mayor Wilcox, Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, to approve the appointment of Gregory E. Torres, Sr., 631 North "L" Street, San Bernardino, CA 924ll, to the Board of Franchises. (C) APPROVAL OF COUNCIL MINUTES - MARCH 13, 1989 MARCH 15, 1989, MARCH 20, 1989 Council Member Minor made a motion, seconded by Counc i 1 Member Flores and unanimous ly car r ied, that the minutes of the meetings of the Mayor and Common Council of the City of San Bernardino held on March 13, 15 and 20, 1989, be approved as submitted in typewritten form. (1) . 2 4/17/89 1- . APPROVAL OF COUNCIL MINUTES - APRIL 3, 1989 Council Member Minor made a motion, seconded by Council Member Flores, that the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on April 3, 1989, be approved as submitted in typewritten form. (1) Council Member Reilly stated that he would from voting on the approval of the April 3, 1989, Minutes, due to fact that he was not present meeting. abstain Council at the The motion carried by Council Members Estrada, Pope-Ludlam, Mi ller. Noes: Member Reilly. the following vote: Flores, Maudsley, None. Abstain: Ayes: Minor, Council LEGISLATIVE REVIEW COMMITTEE MEETING REPORT - APRIL 6, 1989 - COUNCIL MEMBER REILLY Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the report of the Legislative Review Committee meeting held on April 6, 1989, be received and filed. The following topics were discussed: (2) . 1. Ordinance amending Sub-Section B of Section 13.32.070 of the San Bernardino Municipal Code to provide additional exceptions to the require- ment that developments be required to connect to the City sewer system. 2. Weed abatement procedures. 3. Discussion of City's position concerning assault weapons. 4. View ordinance for single-family homes in the foothills. 5. Proposed ordinance to establish a permanent policy and guidelines for quality managed growth in San Bernardino. COUNCIL PERSONNEL COMMITTEE REPORT - APRIL 6, 1989 - COUNCIL MEMBER REILLY Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the report of the Council Personnel Committee meeting held on April 6, 1989, be received and filed. The following topics were discussed: (3) . 3 4/17/89 . 1. Employment contracts for top management - proposed pOlicy. 2. Civil Service and Personnel Department staffing. 3. Request for salary adjustments - Assistant and Senior Assistant City Attorneys. EMPLOYEE RECOGNITION PROGRAM DISPLAY In memorandums dated March 27 and 30, 1989, Captain D.A. Robbins, Police Department, stated that the Employee Recogn i tion Program Selection Commi ttee recommended the construction of a permanent display recognizing those employees selected as Employee of the Year. This display would be located in the lobby area of City Hall. (4) Attached to the staff report, Captain D.A. Robbins, provided a copy of the Employee Recognition Program, dated September 15, 1988, which was initiated by the Mayor and Council to recognize and publicize the achievements and outstanding work performance of City employees and to stress unity of the City work force. . Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that con- struction of the Employee Recogni tion Program display be approved; and that placement of said display in the pro- posed City Hall lobby area, be authorized. TRAFFIC SIGNAL MODERNIZATION - BASELINE STREET FROM "H" STREET TO SIERRA WAY - PAUL GARDNER CORP. APPROVAL AND ACCEPTANCE OF WORK - PLAN NO. 7433 In a memorandum dated March 29, 1989, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that all the work under contract with Paul Gardner Corporation for the modernization of traffic signals on Baseline Street from "H" Street to Sierra Way, was satisfactorily completed as of March 8, 1989. The actual final contract price is $146,826.84. (5) Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the work performed by the contractor for the modernization of traffic signals on Baseline Street, from "H" Street to Sierra Way, per Plan No. 7433, be approved and accepted; and that final payment be authorized at the expiration of the lien period. . 4 4/17/89 . TRAFFIC SIGNAL INSTALLATION - UNIVERSITY PARKWAY AND NORTH PARK BOULEVARD - APPROVAL OF PLANS AUTHORIZATION TO ADVERTISE FOR BIDS - PLAN NO.7567 In a memorandum dated March 31, 1989, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that plans for the installation of traffic signals at the intersection of University Parkway and Northpark Boulevard, have been prepared and the project is ready to be advertised for bids. The total estimated project cost is $140,000. (6) Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the plans for installation of traffic signals at University Parkway and Northpark Boulevard, in accordance with Plan No. 7567, be approved; and that the Director of Public Works/City Engineer, be authorized to advertise for bids. . ASSESSMENT DISTRICT - VERDEMONT AND PALM AREA LANDSCAPE MAINTENANCE - AUTHORIZATION TO PROCEED TRACT NO. l24l3, TENTATIVE TRACTS 13619, 12460 AND 12461 In a memorandum dated March 30, 1989, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that a petition has been received from property owners requesting the formation of an assessment district for the maintenance of landscaping in portions of Verdemont Drive, Gar field Avenue, Oh io Avenue, between 01 i ve Avenue and Palm Avenue. The above major streets border Tract No. 12413, and Tentative Tracts 13619, 12460 and 12461. (7 ) 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 maintenance of landscaping in portions of Verdemont Drive, Garfield Avenue and Ohio Avenue, between Olive Avenue and Palm Avenue. REHABILITATION OF PAVEMENT - SOUTH "E" STREET FROM THE SANTA ANA RIVER TO ORANGE SHOW ROAD - APPROVAL OF PLAN NO. 7609 AND AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated April 4, 1989, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that plans for the rehabilitation of pavement on South "E" . 5 4/17 /89 . Street, from been prepared for bids. The Santa Ana River to Orange Show Road, have and the project is ready to be advertised total estimated project cost is $672,000. (9) Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the plans for rehabilitation of pavement on South "E" Street, from Santa Ana River to Orange Show Road, in accordance with Plan No. 7609, be approved; and that the Director of Public Works/City Engineer, be authorized to advertise for bids. COMMUNITY DEVELOPMENT FUNDS - DEMOLITION OF FREE STANDING GARAGE - 3021 PENNSYLVANIA AVENUE ANNIE B. LANG In a memorandum dated April 6, 1989, Kenneth Henderson, Director of Community Development, stated that on February 12, 1989, Ms. Annie B. Lang, property owner and a senior citizen, had requested financial assistance for the demolition of the free standing garage located at 3021 Pennsylvania Avenue. (10) . On March 6, 1989, Ms. Annie B. Lang sent a follow-up letter of her verbal request of February 12, 1989, seeking financial assistance for the demolition of the free standing garage. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that staff be authorized to advertise for bids for the demolition of one (1) free standing, residential automobile garage located at 302l Pennsylvania Avenue San Bernardino, California. STORM DRAIN INSTALLATION - 2lST STREET FROM KENWOOD AVENUE TO EAST OF TWIN CREEK CHANNEL - APPROVAL OF PLANS - AUTHORIZATION TO ADVERTISE FOR BIDS - PLAN NO. 7574 In a memorandum dated March 27, 1989, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that sufficient funds are available to construct the entire storm drain in 21st Street, from Kenwood Avenue to East Twin Creek Channel. The total estimated project cost is $349,000. (11) . Council Member Minor made a motion, seconded by Counc il Member Flores, and unanimously carr ied, that the plans for installation of a storm drain on 21st Street, from Kenwood Avenue to east of the Twin Creek Channel, in accordance with Plan No. 7574, be approved; and that the Director of Public Works/City Engineer, be authorized to advertise for bids. 6 4/17/89 . CLAIMS AND PAYROLL Pursuant to a memorandum dated April 6, 1989, Andrew Green, Director of Finance, Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the claims and payrolls, and the authorization to issue warrants as listed on the memorandum from the Director of Finance, be approved. (l2) PERSONNEL ACTIONS Pursuant to a memorandum dated April 5, 1989, from Gordon R. Johnson, Director of Finance, Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the Personnel Actions submitted by the Director of Personnel, in accordance with all administrative regulations of the City of San Bernardino, be approved. (l3) . ALLOCATION OF TRAFFIC SYSTEM FEE FUNDS - MODIFICATION OF ISLAND IN REDLANDS BLVD., WEST OF WATERMAN AVENUE (This was discussed later in the meeting) (See Page 15) In a memorandum dated March 20, 1989, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that after the developer of a fast food restaurant had modified the curbed island in Redlands Blvd., west of Waterman Avenue, protests were received from two property owners. It was proposed that another opening, to the west of the one modified by the developer, be improved to provide a left turn lane for westbound vehicles. (8) It was decided that this item be brought back later to allow Director Hardgrave an opportunity to answer questions of the Council. READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of the remaining resolutions on the Council Agenda and the two Supplemental Agendas. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the resolutions be waived. . 7 4/17/89 . RESOLUTION OF THE CITY OF SAN BERNARDINO RENEWING THE COMM ITMENT TO COMPLETE DEVELOPMENT OF THE PATTON PARK PROPERTY AND TO DESIGNATE THE PARK DEVELOPMENT FEE FUND, AND THE CITY'S ALLOCATIONS THROUGH STATE AND/OR FEDERAL PARK DEVELOPMENT FUNDS AS POTENTIAL SOURCES FOR FUNDING THE COMPLETION. (Continued From March 13, 1989) (15) Council Member Flores Council Member Maudsley and resolution be continued to Chambers of City Hall, Bernardino, California. made a motion, seconded by unanimously carried, that said May 15, 1989, in the Council 300 North "D" Street, San RES. 89-116 - RESOLUTION OF THE CITY OF SAN BERNARDINO REGARDING THE TIME OF ISSUANCE OF DEVELOPMENT PERMITS IN THE VERDEMONT AREA BASED UPON THE FINANCING STRATEGIES FOR CERTAIN PUBLIC IMPROVEMENTS. (l6) (Continued from April 3, 1989) (This item was later reconsidered and adopted) (See Page 17 ) Council Member Minor made a motion, seconded by Council Member Maudsley, that said resolution be adopted. . Resolution No. 89-116 was vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam, Absent: None. adopted by the following Estrada, Reilly, Flores, Miller. Noes: None. RESOLUTION OF THE AMENDING SECTION RESOLUT ION NO. RESTRICTIONS FOR CENTER PARKING April 3, 1989) CITY OF SAN BERNARDINO TWO AND ONE-HALF OF 8234 ESTABLISHING PARKING THE THIRD LEVEL OF THE CIVIC STRUCTURE. (Continued From (17) In a memorandum dated March 17, 1989, Wayne Overstreet, Supt. of Public Buildings/Parking Control, recommended the elimination of all time limit parking on the third level of the five level parking structure; and that the number of reserved parking spaces be increased from 23 to 32 for the Mayor, Council, Boards and Commissioners. Acting City Administrator Robbins answered questions regarding the number of open spaces on the 5th level of the parking structure, and the 200 designated parking spaces on the third level for the Maruko Hotel. . 8 4/17/89 . A discussion ensued surrounding businesses, if on various levels of eliminated. regarding the effects on the time parking restr ictions the parking structure were Acting City Administrator Robbins were concerns regarding the proposed addressed previous inconsistencies. sta ted tha t there resolution having Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be continued to June 5, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER MINOR EXCUSED Council Member Minor left the Council Meeting. RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO HUBBS EQUIPMENT AND CONSTRUCTION COMPANY FOR CONSTRUCTION OF STORAGE BUILDING FOR CENTER FOR INDIVIDUALS WITH DISABILITIES. (Continued from April 3, 1989) (18) . Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be continued to May 15, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 89-100 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 9151 EN- TITLED IN PART "A RESOLUTION. . .ESTABLISHING A POLICY FOR THE ATTENDANCE OF CITY EMPLOYEES. .AT CONFERENCES. .", AND PRO- VIDING FOR REIMBURSEMENT FOR MEALS AT THE RATE OF FORTY-FIVE DOLLARS ($45.00) PER DAY AND REPEALING RESOLUTION NO. 84-226. (19) Council Member Estrada Council Member Pope-Ludlam, adopted. made a that motion, seconded said resolution by be Resolution No. 89-100 was vote: Ayes: Council Members Maudsley, Pope-Ludlam, Miller. Council Member Minor. adopted by the following Estrada, Reilly, Flores, Noes: None. Absent: . 9 4/17/89 . RES. 89-101 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHOR I ZING THE EXECUT ION OF AN AMENDMENT TO THE AGREEMENT WITH THE SAN BERNARDINO CONVENTION AND VISITORS BUREAU WHERE THE CITY SHALL PROVIDE THE BUREAU AN ADDITIONAL SUM OF $25,000 FOR FISCAL YEAR 1988-89 FUNDING. (20) Counc i 1 Member Flores made a moti on, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 89-101 was vote: Ayes: Counc il Members Maudsley, Pope-Ludlam, Miller. Council Member Minor. adopted by the following Estrada, Rei lly I Flores, Noes: None. Absent: COUNCIL MEMBER MINOR RETURNED Council Member Minor returned to the Council Meeting and took his place at the Council Table. . RESOLUT ION OF AUTHORIZING THE WITH THE PRIME BERNARDINO NORTH ARTS AND CULTURE. THE CITY OF SAN BERNARDINO EXECUTION OF AN AGREEMENT TIME CHORALIERS/AARP SAN #2083 FOR THE PROMOTION OF (22) Council Member Estrada made a motion, seconded by Counc il Member Flores and unanimously carr ied, that sa id resolution be referred to the Ways and Means Committee. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433 ENTITLED IN PART "A RESOLUTION. .CREATING AND ESTABLISHING POSITIONS FOR THE VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO"; BY ADDING THE DEPARTMENT OF CIVIL SERVICE AT SUBSECTION 4.20 AND ESTABLISHING THE NUMBER OF POSITIONS AND THE CLASSIFICATION TITLES OF ONE (l) CIVIL SERVICE CHIEF EXAMINER AND SECRETARY TO CIVIL SERVICE BOARD, ONE (1) PERSONNEL ANALYST, ONE (1) PERSONNEL ASSISTANT, TWO (2) PERSONNEL CLERKS I AND AS NEEDED TEMPORARY CLERK. (23) This resolution was replaced with Item S-l. . 10 4/17 /89 . RES. 89-102 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433 ENT ITLED IN PART "A RESOLUT ION. .CREATING AND ESTABLISHING POSITIONS FOR THE VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO"; BY ADDING THE HEADING OF "CIVIL SERVICE" AT SECTION FOUR, SUBSECTION 4.20 AND ESTABLISHING THE NUMBER OF POSITIONS AND THE CLASSIFICATION TITLES OF ONE (1) CIVIL SERVICE CHIEF EXAMINER AND SECRETARY TO CIVIL SERVICE BOARD, ONE (l) PERSONNEL ANALYST, ONE (1) SECRETARY, TWO (2) PERSONNEL CLERKS I AND AMENDING SECTION FOUR, SUBSECTION 4.5, TO DELETE THE ABOVE LISTED POSITIONS. (S-l) Council Member Reilly made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 89-102 was vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam, Absent: None. adopted by the following Estrada, Reilly, Flores, Miller. Noes: None. . RES. 89-103 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE RELOCATION OF THE AREA "D" POLICE COMMUNITY SERVICE OFFICE AND THE EXECUT ION OF THE AGREEMENTS WITH STATER BROS. MARKETS, INC. AND BLOCK BROS. INDUSTRIES (USA) INC., FOR THE LEASE OF GROUND SPACE AND THE TRAILER FOR THIS OFFICE. (This item was later reconsidered) (24) (See Page 29 ) Donald Burnett, Chief of Police, answered questions regarding information in his memorandum dated April 6, 1989, concerning sewer hook-up costs for the relocation of the trailer. Council Member Estrada made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 89-103 was vote: Ayes: Counc i 1 Members Maudsley, Minor, Pope-Ludlam, Absent: None. adopted by the following Estrada, Reilly, Flores, Miller. Noes: None. . RES. 89-104 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO J. D. STINE FOR INSTALLATION OF A STORM DRAIN IN UNIVERSITY PARKWAY, FROM ROUTE 1-215 TO A POINT 1,200 FEET NORTHEASTERLY. (25) 11 4/17 /89 . Council Member Flores made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 89-104 was vote: Ayes: Counc i I Member s Maudsley, Minor, Pope-Ludlam, Absent: None. adopted by the following Estrada, Reilly, Flores, Miller. Noes: None. Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the transfer of $141, 000 from Account No. 248-368-57822, "MP drain 6-22, north of Patton Hospital, " to Account No. 242-368-57816, "University Parkway at Route 1-215" be approved. RES. 89-105 - RESOLUTION OF BERNARDINO AUTHORIZING THE AGREEMENT WITH THE CITY REHABILITATION OF PAVEMENT AVENUE, FROM GRANT STREET TO THE CITY OF SAN EXECUTION OF AN OF COLTON FOR ON MT. VERNON SECOND STREET. (26) Council Member Flores made a motion, seconded by Council Member Reilly, that said resolution be adopted. . Resolution No. 89-105 was vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam, Absent: None. adopted by the following Estrada, Reilly, Flores, Miller. Noes: None. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. RES. 89-106 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF ATLANTIC AVENUE, WEST OF PALM AVENUE, AND RESERVING AN EASEMENT FOR PUBLIC UTILITIES THEREIN. (27) Council Member Flores made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No 89-l06 was vote: Ayes: Council Members Maudsley, Minor, Miller. Noes: Member Pope-Ludlam. adopted Estrada, None. by the following Reilly, Flores, Absent: Council COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council Meeting. . 12 4/17/89 . RES. 89-107 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 EN- TITLED IN PART, "A RESOLUTION. . .PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR POR T IONS THEREOF. . " ; TO ES TAB LI S H A NO PARKING ANY TIME ZONE ON KENDALL DRIVE BETWEEN 215 FEET WEST OF REVERE AVENUE AND UNIVERSITY PARKWAY APPLICABLE TO THE SOUTH SIDE ONLY. (28) Council Member Minor made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 89-107 was adopted vote: Ayes: Council Members Estrada, Minor, Miller. Noes: None. Absent: Reilly and Pope-Ludlam. by the following Flores, Maudsley, Counc il Members COUNCIL MEMBERS REILLY AND POPE-LUDLAM RETURNED Council Members Reilly and Pope-Ludlam returned to the Council Meeting and took their places at the Council Table. . Council Member Flores made Council Member Maudsley, that the adopted: a motion, seconded by following resolutions be RES. 89-108 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN ENCROACHMENT LICENSE AGREEMENT WITH CENTURY HOMES RELATING TO CONSTRUCTION OF A MONUMENT SIGN IN MEDIAN ON MACKAY STREET, EAST OF "E" STREET. (29) RES. 89-109 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN ENCROACHMENT LICENSE AGREEMENT WITH PURE BRED AUTO BROKERS, INC., RELAT ING TO INSTALLAT ION OF A WROUGHT IRON FENCE AND LIGHTING FIXTURES WITHIN PUBLIC RIGHT-OF-WAY AT 333 SOUTH WATERMAN AVENUE. (30) RES. 89-110 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO QUIEL BROTHERS SIGN COMPANY, INC., FOR FURNISHING AND INSTALLING NON-ILLUMINATED SIGNS FOR THE FIVE-LEVEL PARKING STRUCTURE. (32) . 13 4/l7/89 . RES. 89-111 - A RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF SAN BERNARDINO FOR THE ANNEXATION OF THE TERRITORY LOCATED SOUTH OF RIALTO AVENUE, WEST OF TIPPECANOE AVENUE AND REPEALING RESOLUTION NO. 89-70. (33) Resolution Nos. 89-108, 89-109, 89-110, and were adopted by the following vote: Ayes: Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: None. Absent: None. 89-111, Council Minor, COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT WITH ST. BERNARDINE MEDICAL CENTER RELATING TO CERTAIN INFRASTRUCTURE ITEMS REQUIRED BY CONDITIONAL USE PERMIT NO. 88-57. (82,272 sq. ft. hospital addition located on the southeast corner of Highland and Waterman Avenues) (31) . Roger Hardgrave, Di rector of Publ ic Works/C i ty Engineer, explained in his memorandum dated March 30, 1989, his preference for a condition giving authority to staff to require traffic signals at the intersection of Highland Avenue and Crestview Avenue or at 21st Street and Valencia Avenue, after the development of the St. Bernardine Medical Center four-story hospital addition. Director Hardgrave stated that the Planning Commission modified the condition to require traffic signals to be installed at the intersection of Valencia Avenue and 21st Street. This modification took away the flexibility of staff in deciding where the signals should be installed. The Mayor and Common Council discussed the content of the resolution and whether or not the City Engineer should have the discretion of deciding where traffic signals should be located. Counc i 1 Member Mauds ley made a moti on, seconded by Council Member Flores and unanimously carried, that said resolution be continued to May 15, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino. . 14 4/l7/89 . Council Member Maudsley made a motion, seconded by Council Member Reilly, that the following resolutions be adopted: RES. 89-112 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO DE ANZA CHEVROLET FOR THE FURNISHING AND DELIVERY OF TWO (2) EACH 3/4 TON TRUCKS WITH UTILITY BODY, TO BE UTILIZED BY THE PUBLIC SERVICES/STREET DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-89-25. (34) RES. 89-113 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL, CITY OF SAN BERNARDINO, GRANTING AN OPEN SPACE EASEMENT TO PAVELAK CONSTRUCTION CO., INC., A CALIFORNIA CORPORATION. (35) Resolution Nos. 89-l12 and 89-l13 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. . COUNCIL MEMBER POPE-LUDLAM RETURNED Counc il Member Pope-Ludlam returned to the Counc i 1 Meeting and took her place at the Council Table. ALLOCATION OF TRAFFIC SYSTEM FEE FUNDS - MODIFICATION OF ISLAND IN REDLANDS BLVD., WEST OF WATERMAN AVENUE (Continued from earlier in the meeting) (See This is the time and place continued consideration of a request to allocate $6,000 Traffic System Fee Fund for the modification of in Redlands Blvd., west of Waterman Avenue. Page 7 ) to for from the an island (8 ) Roger G. Hardgrave, Director of Public Works/City Engineer, answered questions stating that letters had been sent to those protesting the modification of the curbed island in Redlands Blvd., west of Waterman Avenue, but they failed to appear. Council Member Minor made a motion, seconded by Council Member Estrada and unanimously carried, that the estimated revenue of $6,000 in Account No. 242-000-41803, be approved, that the budget appropriation of $6,000 for modification of the curbed island in Redlands Blvd., west of Waterman Avenue, be approved; and that the Department of Public Services be authorized to do the work. . 15 4/17/89 . PUBLIC HEARING - STREET CLOSURE - TIPPECANOE AVENUE AND MILL STREET - NORTON AIR FORCE BASE AT BOUNDARIES OF THE MISSILE OPERATIONS COMPLEX - (Continued from April 3, 1989) This is the time and place continued to for a public hearing concerning the closure of Tippecanoe Avenue and Mill Street at the boundaries of the Missile Operations Complex on Norton Air Force Base. (Formerly known as the Ballistic Missile Operations Complex) (14) RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THAT PORTIONS OF TIPPECANOE AVENUE, FROM THE SOUTH BOUNDARY OF THE BALLISTIC MISSILE OPERATIONS COMPLEX TO MILL STREET, AND MILL STREET, FROM THE WEST BOUNDARY OF THE BALLI ST IC MISS I LE OPERATIONS COMPLEX TO TIPPECANOE AVENUE, ARE NOT PRESENTLY NEEDED FOR VEHICULAR ACCESS. (14) . Council Member Estrada made a motion, seconded by Counc i 1 Member Flores and unanimous ly car r ied, that the matter concerning the closure of Tippecanoe Avenue and Mill Street at the boundaries of the Missile Operations Complex, be continued to May 15, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 89-114 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND RATIFYING EXECUTION OF THE FIRST AMENDMENT TO RESOLUTION NO. 88-109 AWARDING A CONTRACT TO ED MARTIN'S DISCING FOR THE FURNISHING AND DELIVERING OF WEED ABATEMENT WORK IN ACCORDANCE WITH SPECIFICATION F-89-09. (S-2) Acting City Administrator Robbins answered questions regarding the extension to the agreement. City Attorney Penman extending this contract and extension. explained the purpose hi s reservations about of the COUNCIL MEMBERS MINOR AND POPE-LUDLAM EXCUSED Council Members Minor and Pope-Ludlam left the Council Meeting. Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolution be adopted. . 16 4/17 /89 1- . Resolution 89-114 Ayes: Council Members Miller. Noes: None. Pope-Ludlam. was adopted by the following vote: Estrada, Reilly, Flores, Maudsley, Absent: Council Members Minor and COUNCIL MEMBER MINOR RETURNED Council Member Minor returned to the Council Meeting and took his place at the Council Table. RES. 89-115 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 13619, LOCATED AT THE SOUTHWESTERLY CORNER OF OLIVE AVENUE AND VERDEMONT DRIVE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SA ID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (SS-l) Council Member Minor made a motion, seconded by Council Member Maudsley, that said resolution be adopted. . Resolution No. 89-1l5 was vote: Ayes: Council Members Maudsley, Minor, Miller. Noes: Member Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, None. Absent: Council City Attorney Penman stated that his office has received complaints from people who wanted to bid on the Chestnut Storm Drain Project, but their bids were rejected. He stated that he will be looking into this matter to see if there are any problems wi th the bid process. COUNCIL MEMBER POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the Council Meeting and took her place at the Council Table. RECONSIDERATION - RES. 89-l16 - TIME OF ISSUANCE OF DEVELOPMENT PERMITS IN THE VERDEMONT AREA (Continued from April 3, 1989) Council Member Pope-Ludlam made a motion, seconded by Council Member Minor and unanimously carried, that the resol ution, adopted ear 1 ier in the meeti ng, regard ing the issuance of development permits in the Verdemont Area, be reconsidered. (See Page 8) (16) In Kilger, Director a memorandum Director of of Public dated February 13, Planning, and Roger Works/City Engineer, 1989, Brad L. G. Hardgrave, stated that . 17 4/17/89 . policies for certain public improvements in the Verdemont ~rea have been formulated. In a letter dated April l4, 1989, John Edwins, Southwest Builders, Inc., 445 S. Arrowhead Avenue, Suite B, San Bernardino, CA 92408, referred to a copy of Attachment "D" Verdemont Area Development Permit Policies which attempts to clarify how permits are to be obtained. He stated that after careful review of the policy, the policy was unclear regarding conditions necessary to issue permits. The letter also stated that Mr. Edwins is unwilling to agree to recondition his tentative tract map with unclear conditions, requiring him to participate in the Verdemont financing strategy without guarantees or agreements, which include clear cut conditions for the issuance of grading permits, Building and Safety permits, certificates of occupancy and instructions to all staff personnel to continue processing without any delays. . However, he is willing to participate in the Verdemont financing strategy by written agreement to pay his fair share of fees as required for the construction of Chestnut Storm Drain & Debris Basin and Palm ~venue Box Culvert and Traffic Signal, when the Engineering Department has established the cost of the improvements and a fee schedule is approved. John Edwins, 445 S. Arrowhead Avenue, San Bernardino, CA 92408, stated that he has a tract addressed in the Verdemont Area Permit POlicy. The tract has been approved by all the necessary departments and is in final engineering at present time. He stated that he is prepared to pay his fa ir share of fees for the improvements as required in Attachment "D" Verdemont Area Development Permit Policies as soon as the fees are calculated by the Engineering Department. Mr. Edwins requested Council to allow him to pull permits, pay his fair share of fees without having to come back to Council for further approvals or interpretation, if he agrees in writing, or whatever form is necessary, to participate in certain improvements in the Verdemont Area. Mr. Edwins answered questions regarding the language in two areas of Attachment "D" Verdemont Area Permit Pol icy involving the Palm Avenue Box Culver t at Cable Creek & Traffic Signal at Palm Avenue and Kendall, and the Bailey Creek Storm Drain and Debris Basin. . l8 4/l7/89 . He stated that he doesn't have a problem with signing and recording an agreement to pay his fair share of fees for the improvements. The problem is that the Engineering Department has not prepared those figures yet. Mr. Edwins stated, however, that in Paragraph 2 concerning Bailey Creek Storm Drain and Debris Basin, he has problems with the following underlined language: ". However, if adequate interim on-site and off-site pro- tection measures from flooding in the Bailey Creek storm drainage area are approved by the Public Works Department, and the protection measures are not a significant change to the approved sUbdivision, as determined by the Planning and Public Works Directors, then grading and building permits may be issued, and certificates of occupancy may be issued after the approved interim measures are constructed". Mr. definition project. Edwins answered questions of adequate measures as it regarding relates to his his He sta ted tha t he this agreement because various departments. has of reservations in en ter i ng in to an interpretation factor by . Mr. Edwins answered quest ions regard ing heal th and safety concerns in the Verdemont Area and pointed out that if he is allowed to pull permits and install the storm drains the City's liability would be reduced considerably. Roger Hardgrave, Director of Public Works/City Engineer, stated that there is a judgement factor relating to the definition of adequate measures. In order to remove this terminology from the pOlicy, the Engineer of Record would have to propose the interim improvements with agreement from the Engineer's Department that adequate protection is there, to allow the developer to build. Roger Hardgrave answered questions regarding downstream mitigation factors concerning Mr. Edwins tract, stating that the downstream mitigation factors have already been addressed at the tentative map approval stage. Director Hardgrave stated that he is not sure where the word may came from as referred to in Attachment "D" Verdemont Area Development Permit Policies. . 19 4/17/89 . Brad Kilger, Director of Planning, explained that the word may has been in there since the original draft as a provision to allow flexibility relative to review of plans and adequacy. He explained that Planning is concerned with the entire process of facilitating development, stating that this language works for other projects on a regional basis and not just for one particular project. Director Kilger stated that the word may is to allow the city the flexibility to determine whether or not all the requirements to protect health and safety welfare are in place, and explained the difficulties involved in this particular tract. Director Hardgrave agreed that this policy is not addressing one particular subdivision but all projects in the Verdemont Area. John Edwins disagreed, stating appear to be very specific, because numbers. He suggested that to control that each subdivision be addressed resolution. that this resolution it lists his tract future subdivisions through a separate . David Mylnarski of Monnig Development, 501 North Placentia Avenue, Fullerton, CA, stated that he has no problem wi th the language of At tachmen t "D". As far as the health and safety issues are concerned, the projects will go through the normal review process. Mr. Mylnarski stated that he understands that the City cannot guarantee his project 100%, however, he requests that the intent of the proj ect be approved so that he can proceed without further delay. A discussion ensued regarding the resolution and attachment being continued to work on specific language that would be compatible with the City and developers. Council Member Minor made Council Member Pope-Ludlam ,that to May l5, 1989, at 2:00 p.m. a motion, seconded by this matter be continued Mr. Mylnarski agreed to participate and pay his fair share of the assessment fees. He stated that he would not mind continuing this matter in order to work on specific wording. However, he does have a problem with not being . 20 4/l7/89 . allowed to move ahead and proceed wi th the development even though, he has given assurances that he will participate in the financing of the improvements. Brad Kilger determining that adequate interim place. stated that Planning is involved with there is substantial compliance and that on-si te and off-si te protections are in City Attorney Penman stated that Attachment "D" provides good insurances for the city, but is bad for the developers. He stated that the developers want assurances that at some point in time, that no additional conditions will be imposed after the developers pay their fair share of fees for the improvements in the Verdemont Area. Ken Henderson, Director of Community Development, stated that Attachment "D" does not take into account the historical perspective. He stated that this policy may protect the City, but that it impacts the developers and does not allow the expeditious processing of housing tracts that is badly needed. . City Attorney Penman suggested that this matter be continued until later in the meeting so that staff, Mr. Henderson, Mr. Edwins, Mr. Mylnarski, Engineering, and Planning can meet this afternoon to see what minor changes can be made to Attachment "D" that will satisfy the developers, yet provide protection for the City. Council Member Minor made a substitute motion, seconded by Council Member Pope-Ludlam and unanimously carried, that this matter be continued until 4:00 p.m., this afternoon, to allow the City Attorney, and all present to meet and see what minor changes can be made to Attachment "D". COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. RECESS MEETING - CLOSED SESSION At 10:45 a.m., Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the Common Council Meeting recess to Closed Session pursuant to Government Code Section 54957.6, to meet with its Designated Represenatives regarding labor relations matters. (40) . CLOSED SESSION At 10:50 a.m., the Closed Session was called to order by Mayor Pro Tempore Miller in the Conference Room of City Hall, 300 North "D" Street, San Bernardino, California. 21 4/17/89 . ROLL CALL Roll Call was taken with the following being present: Mayor Pro Tempore Miller; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: Mayor Wilcox. Also present Director, Assistant Attorney Roth, and hired to replace Negotiator. were: Gordon Ci ty Attorney Steve Filarsky of Coleman Walsh as Johnson, Per sonne 1 Brue, Deputy City Filarsky and Watt, the City's Labor ADJOURN CLOSED SESSION At ll:45 a.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At ll:45 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 Ci ty Clerk Clark wi th the following being present: Mayor Pro Tempore Miller; Council Members: Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: Mayor wilcox. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - REGULAR MEETING The Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order by Mayor Pro-Tempore Mi ller in the Counc i 1 Chambers of Ci ty Hall, 300 North "D" Street, San Bernardino, California. RESOLUTION AUTHORIZING THE EXECUTION OF A THIRD AGREEMENT TO PARKING LICENSE AND EASEMENT WITH OPTION RIGHTS AGREEMENT BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AND CENTRAL CITY COMMERCE CENTER. (R-7) . Council Member Minor made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be continued to May 1, 1989 in order to submit backup material to Council. 22 4/17/89 . RECESS MEETING - MIC ROOM At 12:00 p.m., Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the meeting be recessed to the MIC Room for a luncheon workshop for a discussion of Police Department staffing and formula for determining patrol officer needs. RECONVENE MEETING - LUNCHEON WORKSHOP The Regular Meeting of the Mayor and Common Council reconvenened at l2: 20 p.m., in the Management Information Center (MIC ROOM), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. (37) ROLL CALL Roll Call was taken with the following being Mayor Pro Tempore Miller; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Assistant City Attorney Brue, City Clerk Clark, City Administrator Robbins. Absent: Mayor wilcox. present: Estrada, Miller; Acting . POLICE STAFFING FORMULA AND FIVE YEAR PLAN Donald Burnett, Chief of Police, presented two reports: A Formula for Patrol Officer Complement and San Bernardino Police Department Five Year Plan, 1989-1994, and spoke regarding Police Department efforts to enhance efficiency such as adding a fourth shift and eliminating response to some calls for service. Lt. Tom Maier presented a chart showing that in 1968 there were 192 sworn personnel in the Police Department; presently, there are 234 sworn officers. Population has increased from 102,586 in 1968 to 147,300 in 1979. Lt. Maier explained why per capita ratios are no longer adequate for determining staffing levels and presented a chart to explain the concept of using structured time vs. unstructured time as a means to decide how many patrol officers are necessary. He explained the definitions of structured and unstructured time and stated this concept is accepted throughout the State of California. Lt. Maier explained in detail the methodology used to derive figures on the structured and unstructured time of officers on patrol and explained the various time consuming duties in a shift. According to this study, the Community Services Division work load allows for 9.67% of their total available time to be devoted to preventative patrol activities (unstructured time) which is fifty-eight minutes per day per officer. . 23 4/17/89 . Lt. Maier presented a formula for establishing a patrol officer complement which would enable San Bernardino to meet desired levels of unstructured time. In order to meet the minimum staffing level recommended by the Commission of Police Officer Standards and Training (POST), the San Bernardino Police Department must add twenty-three additional officers. To meet the minimum staffing level recently set by the Los Angeles Police Department, San Bernardino would have to add thirty-three additional officers. In response to a question from the Lt. Maier stated that the amount of an devoted to administrative duties should be Ci ty Treasurer, off icer I s time 33 %. Chief Burnett spoke regarding the need to maintain response integrity and answered questions regarding using civilians for certain police functions. COUNCIL MEMBER At 1:20 p.m., Council Meeting. POPE-LUDLAM EXCUSED Counc il Member Pope-Ludlam left the . The Chief answered questions regarding the Formula for Patrol Officer Complement and the present vacancy rate in the department. The San Bernardino Police Department Five Year Plan for 1989 through 1994 was not discussed. No formal action waS taken. RECESS LUNCHEON WORKSHOP At 1: 20 p.m., Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the luncheon workshop recess until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2: 04 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. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Pro Tempore Miller; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Clerk Clark, Acting City Administrator Robbins. Absent: Mayor Wilcox, Council Member Estrada, City Attorney Penman. . 24 4/17 /89 . APPEAL - CONDITION OF APPROVAL NO. 9 - CONDITIONAL USE PERMIT NO. 87-75 - TO ALLOW PHASING OF PARKING LOT IMPROVEMENTS - NEW LIFE FELLOWSHIP CHURCH 1672 N. PALM AVENUE This is the time and place set for an appeal hearing requested by Wadsworth H. Murad, D.O., concerning the Planning Commission's decision to amend Condition of Approval No.9, to allow phasing of completion of the parking lot improvements and occupancy of a church and a day school known as New Life Fellowship located at 1672 N. Palm Avenue. (39) In a memorandum dated April 17, 1989, Brad Kilger, Director of Planning, provided background information regarding the amendment to Condition No. 9 of Conditional Use Permit 87-75. In a letter dated January 31, 1989, Dr. Wadsworth H. Murad, requested an appeal of the Planning Commission's decision to amend Condition No.9, to allow phasing of completion of parking lot improvements and occupancy for New Life Fellowship. . Sandra Paulsen, Associate Planner, presented background information in this case. She stated that the City Attorney's Office had advised the Planning Department that New Life Fellowship was in substantial compliance and meet the intent of the phasing approval. CITY ATTORNEY At 2: 09 p.m., Council Meeting. PENMAN ARRIVED City Attorney Penman arrived at the Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the public hearing be opened. Wadsworth H. Murad, D.O., 27259 Nona St, Highland, Ca., representing several residents who wished to address Council, but were unable to attend the meeting, requested that this meeting be postponed to another session, or that he be allowed additional time to present his case on behalf of those he wishes to represent. A discussion ensued regarding five-minute time limit to Dr. Murad. extending the Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the time for each speaker be limited to five-minutes. . 25 4/l7/89 . Dr. Murad stated that there have been variances allowed to New Life Fellowship, but that not been allowed to have additional speaking time. alot of he has COUNCIL MEMBER ESTRADA ARRIVED At 2: 15 p.m., Council Member Estrada arrived at the Council Meeting and took her place at the Council Table. Dr. Murad stated that the certificate of occupancy was issued in September 1988, without the City of Highland being consulted, and distributed supporting documents to each of the Council Members. He pointed out several instances where New Life Fellowship had failed to meet deadlines for completion of their project, and requested Council to deny the amendment to Condition of Approval No. 9 and to re-evaluate the entire project. The following people spoke in opposition to the phasing, because of problems they have experienced since New Life Fellowship moved into their neighborhood. Problems include noise from the church's rock band, traffic congestion, rock throwing from children at the school, and overflow of parking. . Evelyn Eckel, 27247 Pacific Avenue, San Bernardino, Ca. Dr. Wadsworth H. Murad Sr., a citizen who lives in the neighborhood. Rosemary Murad, 27259 Nona Avenue, Highland, Ca. Mrs. J. Blaine, 27177 Nona Street, Highland, Ca. Mrs. Cathy Wilson, 27560 Stratford Street, Highland, Ca. Roberta Murad, a citizen who lives in the neighborhood of New Life Fellowship Church. Marilyn Murad, a citizen who lives in Highland, Ca. Violet Miners, a citizen who lives in Highland, Ca. Antoinette Santrap, a citizen who lives in Highland, Ca. . 26 4/17 /89 . The following people Fellowship's request to construction. spoke in phase favor the of New parking Life lot Mrs. J. Lopez, Administrative Assistant at New Life Fellowship Church, 1173 N. Grand Avenue, Colton, CA., distributed a video tape of the church to the Council. Joellen Golena, 27234 Main Street, Highland, Ca. Evonne Williams, Principal of New Life Fellowship Day School. Dr. Ken Lawrence, Pastor of New Life Fellowship Church. Paul Hernandez, Associate Pastor of New Life Fellowship, 972 w. Olive, Colton, Ca. Greg Lopez, 1172 N. Grand Avenue, Colton, Ca. Chuck Franklin, 2894 Overland Court, San Bernardino, Ca. Sara Sneker, a citizen who lives in Moreno Valley. Eric Anderson, a citizen who lives in San Bernardino, Ca. . Lee Daniel, 1856 Buckeye Court, Highland, Ca. Patti Meeks, Parent/Teacher Organizer at New Life Fellow- ship Church. Yvonna Lucas, 6787 Cole Avenue, Highland, Ca. Jan Delarosa, 7442 Del Rosa Avenue, Highland, Ca. Richard Hickey of Haden Architects, 506 N. Eureka, Redlands, Ca., answered questions regarding whether or not they have a Certificate of Occupancy. Terry Anderson, a member of New Life Fellowship Church. Dennis Gibson, l242 Eureka Street, San Bernardino, Ca. Council Member Pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that the appeal hearing be closed. City Attorney Penman stated that according to the Doctrine of Substantial Compliance the appeal should be denied. . 27 4/17 /89 r~ . Sandra Paulsen, Associate Planner, regarding conditions imposed which concerns. answered questions included traffic City Attorney Penman stated that Dr. informed him today, that he has prevailed in ruling him legal owner of the driveway used Fellowship Church. Murad a civil by New Sr. case Life A discussion ensued regarding legal ownership of the driveway used by New Life Fellowship Church. City Attorney Penman stated that if in fact this information concerning the ownership of the driveway is correct, then it is considered new information and should be considered. Council Member Maudsley made a motion, seconded by Counc il Member Pope-Ludlam and un an imously carr ied, that the Mayor and Common Council deny the appeal; and approve the amendment to conditions for Conditional Use Permit 87-75, subject to the findings of fact and conditions of approval contained in the Statement of Official Planning Commission Action. (Supports Planning Commission's action and grants the phasing) . RECESS MEETING At 3:31 p.m., Mayor Pro Tempore Miller called a five minute recess to clear the Council Chambers. RECONVENE MEETING At 3: 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 Ci ty Clerk Clark wi th the following being present: Mayor Pro Tempore Miller; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: Mayor Wilcox, Council Member Estrada. RECONSIDERATION - RESOLUTION NO. 89- 103 - AUTHORIZING THE RELOCATION OF THE AREA "D" POLICE COMMUNITY SERVICE OFFICE - LEASE OF GROUND SPACE AND TRAILER - 4222 N. SIERRA WAY Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that Res. No. 89-103, adopted previously in the meeting, concerning . 28 4/17 /89 . the relocation of Area "D" Police Community Office, be reconsidered at the request of Chief who had overlooked the sewer hook-up costs. (See Page 11) Service Burnett (24) COUNCIL MEMBER ESTRADA ARRIVED Council Member Estrada arrived at the Council Meeting and took her place at the Council Table. RES. 89-103 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE RELOCATION OF THE AREA "D" POLICE COMMUNITY SERVICE OFFICE AND THE EXECUTION OF THE AGREEMENTS WITH STATER BROS. MARKETS, INC. AND BLOCK BROS. INDUSTRIES (USA) INC., FOR THE LEASE OF GROUND SPACE AND THE TRAILER FOR THIS OFFICE. (24) COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. Discussion sewer capacity relocation costs ensued regarding whether rights were included in for the trailer. the the costs for projected . Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that $644.00 for sewer hook-up be added to the relocation costs as listed on staff report; and that the total amount to be spent on refurbishing shall not exceed $9279.00. REAPPOINTMENT - DISABILITY AND REHABILITATION COMMISSION - JOHN BUTLER Pursuant to an undated memorandum from Mayor Wilcox, Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, to approve the reappointment of Mr. John Butler, 4642 Woodbend Lane, San Bernardino, CA, to the Disability and Rehabilitation Commission for a period of one year, as requested by Mayor wilcox. (S-3) READING AND WAIVING OF ORDINANCE Ci ty Clerk Clark read the ti t le of the ord inance on the agenda. Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that further reading of the ordinance be waived. . 29 4/17/89 . ORD. MC-658 - ORDINANCE OF 'rHE CITY OF SAN FINAL BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE SECT ION 8.69. 0l0, TO PROVIDE FOR PUBLIC FUNDS FOR THE REMOVAL OF GRAFFITI; REPEALING SECTION 8.69.020; AND ADDING SECTION 8.69.080 PROVIDING FOR THE ASSESSMENT FOR ABATEMENT BY THE CITY AND FILING OF OBJECTIONS. (36) Acting City Administrator Robbins answered questions regarding the differences between the old ordinance and the one proposed at this time and the time limits imposed for the assessment for abatements by the City. Council Member Reilly made a motion, seconded by Council Member Estrada, that said ordinance be adopted. Ordinance Ayes: Counc i 1 Mi nor, Mi ller. Pope-Ludlam. MC-658 was adopted by the following vote: Members Estrada, Reilly, Flores, Maudsley, Noes: None. Absent: Council Member . RECESS MEETING - CLOSED SESSION At 3: 4 5 p. m., the Mayor and Common Counc i 1 reces sed to Closed Session to discuss a Community Development Commission/Redevelopment Agency item pursuant to Government Code Section 54956.9(c), to decide whether to initiate litigation. (RS-2) ADJOURN CLOSED SESSION At 4:15 p.m., the Community Development Commission/Redevelopment Agency, Closed Session adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 4: 15 p.m., Mayor Pro Tempore Mi ller called the meeting to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by Ci ty Clerk Clark wi th the following being present: Mayor Pro Tempore Miller; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: Mayor Wilcox. . 30 4/17/89 . RES. 89-116 - RESOLUTION OF THE CITY OF SAN BERNARDINO REGARDING THE TIME OF ISSUANCE OF DEVELOPMENT PERMITS IN THE VERDEMONT AREA BASED UPON THE FINANCING STRATEGIES FOR CERTAIN PUBLIC IMPROVEMENTS. (Continued from earlier in the meeting) (See Pages 8 & 17) (16) This is the time and place continued to for consideration of a resolution of the City of San Bernard ino regard ing the issuance of developmen t permi ts in the Verdemont Area based upon the financing strategies for certain publ ic improvements. (16) John Montgomery, Principal Planner, distributed a revised Attachment "D" Verdemont Area Development Permit Policies document dated April 17, 1989, and explained the changes that were made. He stated that the references made to "grading or building permits" also needed to be changed to read "building permits". Deputy City Attorney Empeno answered questions, stating that all parties agreed to the changes made to Attachment "D", and that the City is well protected and has the ability to enforce state and local laws. . Council Member Minor made a motion, seconded by Council Member Estrada, that said resolution be amended with the substitution of the new Attachment "D" which is amended by striking the words "grading and"; and that said resolution be adopted as amended. Resolution No. 89-116 was vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam, Absent: None. adopted Estrada, Miller. by the following Reilly, Flores, Noes: None. RECESS MEETING - CLOSED SESSION At 4:25 p.m., Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the Common Council recess to Closed Session pursuant to the following Government Code Sections: (41,42,43, 44 & S-4) 54957 to consider personnel matters; 54956.9(b) (1) to confer with its attorney regarding pending litigation; 54956.9(c) so that Council may decide whether to initiate litigation; . 31 4/17/89 . 54956.9 (a) to pending litigation which the City is a confer with its attorney regarding which has been ini tiated formally to party as follows: City of San Management, Inc., Case No. 238755; Bernardino vs. California Construction et al - San Bernardino Superior Court Saldecke, et al vs. City of San Bernardino, et al -San Bernardino Superior Court Case No. 236836; Cable Lake -San Bernardino No. 239649; Association vs. City of Superior Court Case No. San Bernardino 239714 and Case City of Club, Inc., 239193; San Bernardino vs. San Bernardino Baseball San Bernardino Superior Court Case No. Stubblefield Construction Company, et al vs. City 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; Sock Dawson, et al vs. City of San Bernardino, et al - United States District Court - Case No. SA 88-461 AHS (RWRx) ; BarronlAlcarez vs. City of San Bernardino San Bernardino Superior Court Case No. 241692; Barratt, Inc. , vs. City of San Bernardino San Bernardino Superior Court Case No. 242433; Barrera vs. City of San Bernardino - San Bernardino Superior Court Case No. ll7037; Porter vs. Ci ty of San Bernard i no - San Bernard ino Superior Court Case No. 106920; Mamlouk vs. City of San Bernardino - San Bernardino Superior Court Case No. 246299; Pruitt vs. City of San Bernardino - San Bernardino Superior Court Case No. 240372; . 32 4/17 189 . Haslam vs. City of San Bernardi no - San Bernard ino Municipal Court Case No. 112920; Adkins vs. City of San Bernardino - San Bernardino Superior Court Case No. 109709; Reynolds vs. City of San Bernardino - San Bernardino Superior Court Case No. 248752; Meis vs. City of San Compensation Claim 86A 22-104. Bernardino Workmen's CLOSED SESSION At 4: 25 p.m. ,Mayor Pro Tempore Miller called the Closed Session to order in the Conference Room in City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Pro Tempore Miller; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: Mayor wilcox. . Also present were: Management, Assistant Attorneys: Roth, Dewey, Tom Cain, Acting Director of Risk City Attorney Brue, Deputy City and Empeno, and Fire Chief Moon. DEPUTY CITY ATTORNEY BRUE, FIRE CHIEF MOON AND ACTING DIRECTOR OF RISK MANAGEMENT CAIN WERE EXCUSED Deputy City Attorney Brue, Fire Chief Moon and Acting Director of Risk Management Cain, left the Closed Session meeting. POLICE CHIEF BURNETT ARRIVED Police Chief Burnett arrived at the Closed Session. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Closed Session. POLICE CHIEF BURNETT EXCUSED Police Chief Burnett left the Closed Session. PERSONNEL DIRECTOR JOHNSON, DEPUTY CITY ATTORNEY ROTH AND FIRE CHIEF MOON ARRIVED Personnel Director Johnson, Deputy City Attorney Roth, and Fire Chief Moon arrived at the Closed Session. ASSISTANT CITY ATTORNEY BRUE EXCUSED Assistant City Attorney Brue left the Closed Session. . 33 4/17/89 I . COUNCIL MEMBER MILLER EXCUSED Mayor Pro Tempore Miller left the Closed Session. ADJOURN CLOSED SESSION At 5: 30 p.m., the Closed Session adj ourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 5:30 p.m., Mayor meeting of the Mayor and Council Chambers of City Bernardino, California. Pro Tempore Rei lly called Common Council to order in Hall, 300 North "D" Street, the the San ROLL CALL Roll Call was taken by City Clerk Clark following being present: Mayor Pro Tempore Council Members Reilly, Flores, Maudsley, Pope-Ludlam; City Attorney Penman, City Clerk Acting City Administrator Robbins. Absent: Mayor Council Members Estrada and Miller. wi th the Reilly; Minor, Clark, Wilcox, . ADJOURN MEETING At 5:30 p.m., Mayor Pro Tempore Reilly made a motion, seconded by Council Member Minor and unanimously carried, that the meeting adjourn to Wednesday, April 26, 1989, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (45) ~,.-/~,."C?/ ~dt1/ / / City Clerk No. of Items: 61 No. of Hours: 71:2 . 34 4/17/89