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HomeMy WebLinkAbout06-20-1988 Minutes . City of San Bernardino, California June 20, 1988 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Wilcox at 9: 05 a.m., on Monday, June 20, 1988, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. INVOCATION The Invocation was given by Pastor John Nichols of the New Life Fellowship. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tem- pore Maudsley. . ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; Assis- tant City Attorney Brue, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Member Pope- Ludlam. pins City: PRESENTATIONS - SERVICE AWARDS The following employees were presented with service from Mayor Wilcox for their years of service to the (A) 10 Year Pins *Jessie Pacheco - City Garage *Paul Foltz - Public Buildings 15 Year Pin John Reberg - Fire Department 20 Year pins *Wayne Harp - Police Department *Guadalupe Padilla - Parks & Recreation Anthony Diaz - Public Services/Streets Anthony Becerra - Public Services/Refuse 25 Year pin *Mildred Johnson - Library 30 Year Pin *George Pallante, Jr. - Parks & Recreation . *Employees present to accept pins. 1 6/20/88 . PRESENTATION - COUNCIL MEMBER MINOR - EXECUTIVE WOMEN INTERNATIONAL Mayor Wilcox presented Council Member Fifth Ward with a Certificate of Merit from Women International in recognition of his scholarship committee. Mi nor of the the Executive serv ice on a (A) APPOINTMENT - FIRE COMMISSION - ROBERT VAN ORDEN In a memorandum dated June 7, 1988, Mayor Wilcox requested the appointment of Robert Van Orden, 6048 Robin Road, San Bernardino, to the Fire Commission as requested by Council Member Minor of the Fifth Ward. (B) Council Member Maudsley made a motion, seconded by Council Member Miller and unanimously carried, that the appointment of Robert Van Orden to the Fire COImnission, to represent the Fifth Ward, be approved. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. . APPOINTMENT - BUILDING COMMISSION - BENJAMIN GONZALES In a memorandum dated June 10, 1988, Mayor wilcox requested the appointment of Benjamin Gonzales, 3007 Herrington Avenue, San Bernardino, to the Building Com- mission on behalf of Council Member Minor of the Fifth Ward. (B) Council Member Maudsley made a motion, seconded by Council Member Miller and unanimously carried, that the appointment of Benjamin Gonzales to the Building Commis- sion, to represent the Fifth Ward, be approved. APPOINTMENTS - EQUAL EMPLOYMENT OPPORTUNITY COMMITTEE In a letter dated June 6, 1988, Mayor wi leoK re- quested the following appointments to the Equal Employ- ment Opportuni ty Commi ttee: Gary Patterson, 3298 Meyers Road, San Bernardino; Carl Clemons, 1940 W. Base Line Street, San Bernardino; Jerri Rankins, 1155 E. 45th Street, San Bernardino. (B) Council Member Reilly made a motion, seconded by Coune il Member Mi nor and unanimously carr ied, that the appointments of Gary Patterson, Carl Clemons and Jerri Rankins to the Equal Employment Opportunity Committee, be approved. . 2 6/20/88 . APPOINTMENTS - GENERAL OBLIGATION BONDS BLUE RIBBON COMMITTEE Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the following appointments be made to the General Obligation Bonds Blue Ribbon Committee: (S-l) John Lightburn - First Ward Edward Wheeler - Second Ward R. Wade Byars - Third Ward John Scribner - Fourth Ward Al Marks - Fifth Ward Richard Cole - Sixth Ward Shirley O'Connor - Seventh Ward Bill Heitritter - Mayor PUBLIC COMMENTS A citizen identifying himself as The Sword spoke regarding the homeless and the needy. He suggested that the City operate at negative growth through load leveling and that the Ci ty government I s structure be changed. He questioned the costs involved in researching and dupli- cating documents by the City for the public. (C) . COUNCIL MEMBER POPE-LUDLAM ARRIVED At 9:25 a.m., Council Member Pope-Ludlam arrived at the Council Meeting and took her place at the Council Table. APPROVE MINUTES - MAY 12, 1988 - MAY 17, 1988 - MAY 23, 1988 - MAY 31, 1988 - JUNE 6, 1988 Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino, be approved as submitted in typewritten form: (1) May 12, 1988 May 17, 1988 May 23, 1988 May 31, 1988 June 6, 1988 . OUT-OF-STATE TRAVEL AUTHORIZATION - DEPUTY CHIEF RICHARD MOON, FIRE DEPARTMENT - EMMITSBURG, MARYLAND - JULY 10 - 22, 1988 - NATIONAL FIRE ACADEMY In a memorandum dated May 24, 1988, Gerald Newcombe, Fire Chief, requested approval for Deputy Chief Richard Moon to attend the National Fire Academy in Emmitsburg, Maryland on July 10 - 22, 1988. (2) 3 6/20/88 . council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that authorization for Deputy Chief Richard A. Moon, Fire Department, to attend a Strategic Analysis of Fire Pre- vention Programs at the National Fire Academy in Emmits- burg, Maryland on July 10 - 22, 1988, be approved. OUT-OF-STATE TRAVEL AUTHORIZATION - CHILDREN'S SERVICES SUPERVISOR CYNTHIA OLSEN, LIBRARY - NEW ORLEANS, LOUISIANA - JULY 9 - 14, 1988 - ANNUAL CONFERENCE AMERICAN LIBRARY ASSOCIATION In a memorandum dated June 3, 1988, City Librarian Whitney requested approval for Cynthia Olsen, the Chil- dren's Services Supervisor for the Library, to attend the Annual Conference of the American Library Association in New Orleans, Louisiana, on July 9 - 14, 1988. (3) Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that travel expenses for the Library's Children's Services Supervisor to attend the Annual Conference of the Ameri- can Library Association in New Orleans from July 9 -14, 1988, be approved. . MISS TEEN USA COSPONSORSHIP - ALL STATES PICNIC - CITY HALL PLAZA - JULY 8, 1988 In a memorandum dated June 9, 1988, James C. Rich- ardson, Deputy City Administrator/Development, stated that an All States Picnic is planned by the Tourism Sub- committee of the Main Street's Promotion Committee, as a special event in conjunction with the Miss Teen USA Pageant. The picnic is to be held at City Hall Plaza from 11:30 a.m. to 1:30 p.m., Friday, July 8, 1988. (4 ) Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the Mayor and Common Council co-sponsor the All States picnic to be held for the Miss Teen USA candidates on July 8, 1988, at City Hall Plaza, and that various City depart- ments be authorized to provide in-kind services. CITY/HOUSING AUTHORITY/SAN BERNARDINO COMMUNITY HOSPITAL SENIOR HOUSING COMPLEX - STATUS REPORT - FINANCING PLAN FOR PROJECT IMPLEMENTATION In a memorandum dated June 9, 1988, Ken Henderson, Director of Community Development, provided a status report on the development of a fifty-unit senior citizen . 4 6/20/88 . apartment complex in conjunction with the County of San Bernardino Housing Authority and San Bernardino Community Hospital. He requested direction for a financing plan for the implementation of the project. (5) Ken Henderson, Director of Community introduced Messrs. Guthrie and Holmes who counsel services regarding the project. Development, prov ide bond Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the Mayor and Common Council receive and file the status report on the fifty-unit senior housing complex, and that staff be directed to prepare a detailed financing plan for project implementation. . APPROVAL OF CHANGE ORDER NO. ONE - CONTRACT - DONALD HUBBS DBA JESSE HUBBS & SONS - TRAFFIC SIGNALS - STORM DRAIN - UNIVERSITY PARKWAY In a memorandum dated June 1, 1988, Roger Hardgrave, City Engineer, stated that during construction of street improvements at University Parkway and College Avenue, a portion of pavement was discovered to be temporary cold mix, which was replaced with permanent paving. Change Order No. One to the contract with Donald Hubbs, dba Jesse Hubbs & Sons, to remove and dispose of the existing temporary A.C. pavement and to prepare the subgrade to the proper depth, increased the contract price by $1,107.68, from $289,257.00 to $290,364.68. (7) Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that Change Order No. One to the contract with Donald C. Hubbs, dba Jesse Hubbs & Sons, for the installation of a storm drain and traffic signals on University Parkway at College Avenue and Hallmark Parkway, per Plan No. 7246, be approved; and that the contractor be authorized to remove and dispose of unsuitable existing A.C. pavement, for an increase in the contract price of $1,107.68, from $289,257.00 to $290,364.68. CLAIMS AND PAYROLL Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the claims and payrolls and authorization of issuance of warrants as listed on the memorandum from the Director of Finance, be approved as follows: (8) . 5 6/20/88 . 1. Approve the register of demand dated: May 24, 1988 June 3, 1988 June 8, 1988 87/88 87/88 87/88 #44 #45 #46 $1,348,144.06 427,314.31 1,255,538.38 2. Approve the total May 9, 1988, through May $1,418,605.92. gross payroll for the period 22, 1988, in the amount of PERSONNEL ACTIONS In a memorandum dated June 9, 1988, Gordon Johnson, Director of Personnel, submitted personnel actions in accordance with all administrative regulations of the City of San Bernardino. (9) James Robbins, Acting City Administrator, answered questions regarding the step levels of promoted employ- ees. . Counc i 1 Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the Personnel Actions submitted by the Director of Personnel, in his memorandum dated June 9, 1988, in accordance with all administrative regulations of the City of San Ber- nardino, be approved. CITY YARD - STORAGE AREA FOR HAZARDOUS WASTE - FINDING OF NEED FOR HEALTH & SAFETY - NEGATIVE DECLARATION In a memorandum dated May 23, 1988, Roger Hardgrave, City Engineer, stated that specifications have been pre- pared by the County Environmental Health Department for storage areas for hazardous wastes such as paint, paint thinner, used oil and pesticides. (6) Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that discussion of storing hazardous waste at the City Yard be continued to later in the meeting in order for Council Member Estrada to be present. (See Page 9) COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. PROTEST HEARING - STORM DRAIN FEES - TONY MESA, PACIFIC SCENE, INC. - VICTORIA INDUSTRIAL PARK - VICTORIA AVENUE AND RICHARDSON STREET This is the time and place set for a hearing con- cerning a protest filed by Tony Mesa of Pacific Scene, Inc., 930 S. Mt. Vernon, Suite 300, Colton, California, . 6 6/20/88 . concerning the imposition of additional storm drain fees for a project known as Victoria Industrial Park, located on the northwest corner of Victoria Avenue and Richardson Street. (Hl) In a memorandum dated June 9, 1988, Roger Hardgrave, Ci ty Eng ineer, prov ided a rev iew of the record of plan submittal to the City by Pacific Scene, Inc. The plan for the Victoria Industrial Park was approved prior to the City increasing development fees. However, the developer did not request permi ts until after the fee increase went into effect. The development fee is col- lected at the time the building permit is issued. In a letter dated May 5, 1988, Tony Mesa, Vice President of Pacific Scene, Inc., protested the imposi- tion of the increased fees. The additional fee was paid so as not to delay the project, and he requested a refund of the increase amount of $10,130.60. Mayor wilcox opened the hearing. . Tony Mesa, Vice President of Pacific Scene, Inc., expressed opposition to the imposition of the increased development fee. He stated that he was not advised by the Engineering Department of a proposed development fee increase. He also stated that the plan checker advised him on April 1, 1988, that his grading plan was approved and ready for pick up on April 4, 1988. In an attempt to pick up the plan on that date, he was told that the plan checker was on vacation and he would have to wait a week. The grading plan was approved and the grading permit issued on April 13, 1988. Mr. Mesa apolog i zed for the argumen t sta ted in hi s letter of May 5, 1988, that the fees were improperly and illegally imposed, as Government Code Section 65972 does not apply. He stated his understanding that the notifi- cation requirements of the Government Code also apply to commercial development. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meet- ing and took her place at the Council Table. Gene Klatt, Assistant City Engineer, answered ques- tions, explaining that separate permits are pulled for grading and building. The grading permit was pulled on April 13, 1988, but the developer did not pull his build- ing permit until May 3, 1988. . 7 6/20/88 . Tony Mesa answered questions, stating that his plans were approved and he was prepared to pull his building permit before the development fee increase. Had he been made aware of a pending fee increase, he would have pulled his building permit before the increase. Gene Klatt answered questions regarding the public notice of the pending development fee increase being posted on the wall of the third floor of City Hall, where the departments of Engineering, Planning and Building & Safety are located. It was published in the newspaper during the public hearings for the fee increase. Staff did not know when Council would act on the matter and could not advise developers of a specific date for the fee increase. He stated that developers generally pull their grading permit first and wait to pull the building permit, since that is when development fees are paid. Mr. Mesa spoke of the willingness of Pacific Scene, Inc. to pay their share of development fees, and opposed the application of the 11313% increase in storm drain fees. The grading plan was submitted to the City on January 1, 1988, and the project was approved before the fee increase went into effect. . Gene Klatt explained the plan stating that plans are approved by Senior Civil Engineer, the Assistant then the City Engineer. approval process, the Plan Checker, Ci ty Eng ineer and Shauna Clark, Ci ty Clerk, answered questions, stating that the proposed fee increase was advertised in the newspaper along with the notice of public hear ing. She did not recall any opposition being filed at that time. Denice Brue, Assistant City Attorney, answered ques- tions, stating that the City is not legally obligated to refund any fees to developers who pulled building permits after the adoption of the fee increase. She stated that constructive notice of the proposed fee increase had been given. Tony Mesa of Pacific Scene, Inc. questioned Assist- ant City Engineer Klatt concerning no written or oral notification of the proposed fee increase being given to developers who had plans in process. Mr. Klatt stated that all notification requirements had been met. . 8 6/213/88 . Gene Klatt answered further questions of Mr. Mesa, stating that the fees only generate one half of the amount needed by the City to construct the drains on the master plan. Assistant City Engineer Klatt stated that there are approximately 40 projects a month that go through the plan check process. Council Member Maudsley made a motion, seconded by Council Member Estrada and unanimously carried, that the hearing be closed. Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the appeal of the increased amount of storm drainage fees filed by Tony Mesa of Pacific Scene, Inc., be denied. . CITY YARD - STORAGE OF HAZARDOUS WASTE - FINDING OF NEED FOR HEALTH & SAFETY - NEGATIVE DECLARATION - CONTINUED FROM EARLIER IN MEETING This is the time and place continued deration of the construction of a hazardous area in the Ci ty Yard. (See Page 6) to for consi- waste storage (6 ) Gene Klatt, Assistant City Engineer, answered ques- tions regarding the clean up and storage of hazardous waste materials. He stated that empty containers of paint, paint thinner, oil and pesticides need proper storage for a period of approximately 90 days pending their proper disposal. He also answered that there has been spillage of any hazardous materials, and specific area in which to hold them before confine any future spillage. no ev idence of that having a disposal would Mr. Klatt stated that the construction of the storage area has processed through the City environmental review and is going through the County process. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that a finding be made that the construction of a hazardous waste storage area in the City Yard is needed for health and safety reasons, and that the Negative Declaration for construction of a hazardous waste storage area in the City Yard, Public Works Project No. 88-16, be adopted. . 9 6/20/88 . COUNCIL MEMBER MAUDSLEY EXCUSED Council Member Maudsley left the Council Meeting. 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 CREATING THE CIVIL SERVICE OFFICE ESTABLISHING THE POSI- TION OF CIVIL SERVICE BOARD CHIEF EXAMINER AND THE POSITION OF SECRETARY EFFECTIVE APRIL 19, 1988; DELETING THE POSITIONS OF SECRETARY AND PERSONNEL DIRECTOR/CIVIL SERVICE BOARD CHIEF EXAMINER AND SECRETARY; ESTABLISHING THE POSITIONS OF DIRECTOR OF PERSONNEL AND SENIOR SECRETARY; DECREASING THE NUMBER OF PERSONNEL CLERK II'S FROM 3 TO 2 IN THE PER- SONNEL DEPARTMENT EFFECTIVE APRIL 19, 1988; DELETING THE POSITION OF PARKING CITATION SPECIALIST AND INCREASING THE NUMBER OF ACCOUNT CLERK I' S FROM 1 TO 2 IN THE PUBLIC BUILDING DIVISION. (12) . Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be deleted, as its suggested action is covered by Council Agenda Item 30. (See Res. 88-202 on Page 16) COUNCIL MEMBERS MAUDSLEY AND POPE-LUDLAM RETURNED Council Members Maudsley and Pope-Ludlam returned to the Council Meeting and took their places at the Coun- cil Table. READING AND WAIVING OF RESOLUTIONS Shauna Clark, Ci ty Clerk, read the ti tles of the resolutions on the Council Agenda. Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolutions be waived. RESOLUTION OF THE CITY OF SAN BERNARDINO RENEWING THE COMMITMENT TO COMPLETE DEVELOP- MENT OF THE PATTON PARK PROPERTY AND TO DESIGNATE THE PARK DEVELOPMENT FEE FUND, AND THE CITY'S ALLOCATIONS 'fHROUGH STATE AND/OR FEDERAL PARK DEVELOPMENT FUNDS AS POTENTIAL SOURCES FOR FUNDING THE COMPLETION. (13) . 10 6/20/88 . Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be continued to the Regular Meeting of the Mayor and Common Counci 1 of the Ci ty of San Bernar- dino to be held Tuesday, July 5, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. RESOLUTION OF THE CITY OF AUTHORIZING AND DIRECTING THE COMMUNITY DEVELOPMENT BLOCK AGREEMENT BETWEEN THE CITY OF AND ROLLING START, INC., (DEAF SAN BERNARDINO EXECUTION OF A GRANT FUNDING SAN BERNARDINO SERVICES). (22) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be continued to the Regular Meeting of the Mayor and Common Counc i 1 of the Ci ty of San Bernar- dino to be held Tuesday, July 5, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. . RES. 88-187 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LOREN MC QUEEN, RELATING TO CONTRACT ATTORNEY SERVICES. (14) Discussion was held concerning the effective date of the agreement. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be amended by interdelineation to change the effective date of the agreement to Tuesday, June 21, 1988, and adopted as amended. Resolution No. 88-187 was vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam, Absent: None. adopted by the following Estrada, Reilly, Flores, Miller. Noes: None. RES. 88-188 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AN AGREEMENT WITH JANIS MARIE INGELS TO CONTINUE CONSULTING SERVICES FOR THE DATA PROCESSING DEPARTMENT FOR A PERIOD OF TWELVE (12) MONTHS. (15) Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. . 11 6/20/88 r--- . . . L__ Resolution No. 88-188 was vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam, Absent: None. adopted by the following Estrada, Reilly, Flores, Miller. Noes: None. RES. 88-189 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH STACEY MILLET TO PERFORM CON- SULTING SERVICES FOR THE DATA PROCESSING DEPARTMENT. (16) Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 88-189 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 88-190 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND OPTION HOUSE. (18) Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 88-190 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 88-191 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO COUNTY COMMUNITY HOUSING RESOURCES BOARD. (19) Counc i 1 Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 88-191 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. 12 6/20/88 . RES. 88-192 - RESOLUT ION OF THE CI'rY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO VALLEY COLLEGE (SENIOR IMPACT PROGRAM) AND EXTENDING THE TERM THEREOF. (20) Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 88-192 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 88-193 - RESOLUTION OF THE CI'rY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUT ION OF A C OMM UN ITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INLAND MEDIATION BOARD. (21) . Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 88-193 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 88-194 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING AN INTERIM BUDGET OF SAID CITY FOR THE FISCAL YEAR 1988- 1989 FOR THE PERIOD JULY 1 THROUGH AUGUST 1, 1988. (17) Discussion was held concerning the City continuing to function at the Fiscal Year 1987-1988 approved levels until the budget for the Fiscal Year 1988-1989 is adopted. Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be amended on Line 5 to read, "...docu- ment entitled '1987-1988 Annual Budget,' ...", and adopted as amended. . 13 6/20/88 . Resolution No. 88-194 was vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam, Absent: None. adopted by the following Estrada, Reilly, Flores, Miller. Noes: None. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. RES. 88-195 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ROLLING START, INC. , (HELPLINE PROGRAM). (23) Counc i 1 Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 88-195 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Coun- cil Member Estrada. . RES. 88-196 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING A MOBILE- HOME PARK RENTAL ASSISTANCE PROGRAM. (24) Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 88-196 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Coun- cil Member Estrada. RES. 88-197 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 1181 EN- TITLED IN PART "A RESOLUT ION. . . PROVIDING FOR THE APPOINTMENTS OF A MAYOR PRO TEMPORE.....; AND ESTABLISHING SUCH APPOINTMENTS ],'OR THE 1988-1989 FISCAL YEAR EFFECTIVE JULY 1, 1988. (25) Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. . 14 6/20/88 I , L___ . Resolution No. 88-197 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Coun- cil Member Estrada. RES. 88-198 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF A PUBLIC NUISANCE. (1558 N. COLORADO, 3981 N. "H" STREET, 1320 W. KINGMAN, 1771 W. MALLORY STREET, 1365 N. PENNSYLVANIA AVENUE, 832 SAN JACINTO STREET, 2924 N. SEPULVEDA). (27) Counc i 1 Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 88-198 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Coun- cil Member Estrada. . RES. 88-199 - RESOLUT ION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND THE 12 POINT AMENDMENT TO FOOD SERVICE AGREEMENT SUMMER FOOD SERVICE PRO- GRAM, ATTACHED AS ATTACHMENT 2 OF THE AGREE- MENT, WITH THE SAN BERNARDINO UNIFIED SCHOOL DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES TO CITY'S SUMMER LUNCH SITES. (28) Assistant Ci ty Attorney Denice Brue answered ques- tions regarding changes made in the wording of the agree- ment. Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 88-199 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Coun- cil Member Estrada. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. . 15 6/20/88 . RES. 88-200 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AGREEMENT WITH YVONNE EVERETT AND TAMARIO FUNN RELATING TO PURCHASE AND SALE OF CERTA IN REAL PROPERTY. (Kellogg Library) (26) Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be adopted. Resolution No. 88-200 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Members Estrada, Pope-Ludlam. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meet- ing and took her place at the Council Table. COUNCIL MEMBER MINOR EXCUSED Council Member Minor left the Council Meeting. . RES. 88-201 - RESOLUTION OF INTENTION OF THE CITY OF SAN BERNARDINO TO APPROVE AN AMEND- MENT TO CONTRACT BETWEEN THE BOARD OF ADMINI- STRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO. (See Item #48) (29) Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be adopted. Resolution No. 88-201 was vote: Ayes: Council Members Maudsley, Miller. Noes: None. Minor, Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, Absent: Council Members RES. 88-202 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433 EN- TI'rLED IN PART "A RESOLUTION.. .CREATING AND ESTABLISHING POSITIONS FOR THE VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO"; BY TRANSFERRING THE TRAFFIC SIGNS AND PAINT- ING SECTION FROM SUBSECTION 4.15 TO SUBSEC- TION 4.14; AND ABOLISHING CERTAIN POSITIONS AND CREAT ING CERTAIN POS IT ION TITLES IN ACCORDANCE WITH PERSONNEL ACTIONS, CLASSI- FICATION STUDY AND BUDGETARY AUTHORIZATIONS PREVIOUSLY APPROVED BY THE LEGISLATIVE BODY. (30) . 16 6/20/88 . Personnel Director Gordon Johnson handed out a corrected version of the resolution. Ass i stan t Ci ty At torney Denice Brue answered ques- tions regarding corrections made to the resolution. Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be adopted. Resolution No. 88-202 was vote: Ayes: Council Members Maudsley, Miller. Noes: None. Minor, Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, Absent: Council Members RES. 88-203 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 EN- TITLED IN PART "A RESOLUTION...ESTABLISHING A BAS IC COMPENSATION PLAN..."; BY ADDING THE CLASSIFICATION OF SENIOR CUSTODIAN, R2093 ($1451-1949/MO); SENIOR PARKING CONTROL CHECKER, R2l1il3 ($1638-2204/MO); ENERGY MAN- AGEMENT COORDINATOR, R2113, ($1856-2497/MO); AND SURVEY PARTY CHIEF, R2127 ($2204-2966/ MO), EFFECTIVE JULY 4, 1988. (31) . Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be adopted. Resolution No. 88-203 was vote: Ayes: Counc il Members Maudsley, Miller. Noes: None. Minor, Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, Absent: Council Members RES. 88-204 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 EN- TITLED IN PART "A RESOLUTION...ESTABLISHING A BAS IC COMPENSAT ION PLAN..."; BY ADDING THE POSITION OF SENIOR DATA SYSTEM OPERATOR AT RANGE 3100 ($1744-2127/MO) EFFECTIVE JULY 4, 1988. (32) Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be adopted. . 17 6/20/88 . Resolution No. 88-204 was vo te: Ayes: Counc i 1 Members Maudsley, Miller. Noes: None. Minor, Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, Absent: Council Members RES. 88-205 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AMENDMENTS TO CIVIL SERVICE RULES 501, 502 AND 502.1 CONCERNING CATEGORIES OF CAREER AND NON-CAREER APPOINT- MENTS. (33) Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be adopted. Resolution No. 88-205 was vote: Ayes: Council Members Maudsley, Miller. Noes: None. Minor, Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, Absent: Council Members . RES. 88-206 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 10584 ENTITLED IN PART "A RESOLUTION...ESTABLISHING ...EMPLOYER-EMPLOYEE RELATIONS..."; BY RE- PEALING SECTION 17.3 EFFECTIVE JULY 4, 1988; DELETING THE POSITIONS OF CABLE TELEVISION COORDINATOR AND ADDING THE POSITIONS OF CIVIL SERVICE BOARD CHIEF EXAMINER, DIRECTOR OF TELECOMMUNICATIONS, FIRE CHIEF, DEPUTY FIRE CHIEF, BATTALION CHIEF, CHIEF OF POLICE, POLICE CAPTAIN AND POLICE LIEUTENANT TO THE MANAGEMENT GROUP EFFECTIVE JULY 4, 1988. (34) Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be adopted. Resolution No. 88-206 was vote: Ayes: Council Members Maudsley, Miller. Noes: None. Minor, Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, Absent: Council Members RES. 88-207 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CER- TAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATE- MENT. (35) . 18 6/20/88 . Counc i 1 Member Flores made a moti on, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 88-207 was vote: Ayes: Council Members Maudsley, Miller. Noes: None. Minor, Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, Absent: Council Members RES. 88-208 - A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF PORTIONS OF THE EAST SIDE OF OLIVE AVENUE, NORTH OF OHIO AVENUE, THE NORTH AND SOUTH SIDE OF OHIO AVENUE, BETWEEN OLIVE AVENUE AND PINE AVENUE, AND THE WEST SIDE OF PINE AVENUE, NORTH OF BELMONT AVENUE AND RESERVING AN EASEMENT FOR PUBLIC UTILITIES THEREIN. (36) Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. . Resolution No. 88-208 was vote: Ayes: Council Members Maudsley, Miller. Noes: None. Minor, Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, Absent: Council Members RES. 88-209 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE ASSESSMENT ROLL FOR UNDERGROUND UTILITY DISTRICT NO. 9 GENERALLY LOCATED BETWEEN THIRD STREET AND FIFTH STREET AND BETWEEN ARROWHEAD AVENUE AND SIERRA \.,AY. (38) Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 88-209 was vote: Ayes: Council Members Maudsley, Miller. Noes: None. Minor, Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, Absent: Council Members RES. 88-210 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1988-89 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 951, LAND- SCAPING CONSTRUCTION AND MAINTENANCE DIS- TRICT, WAGONWHEEL ROAD AREA. (39) . 19 6/20/88 . Counc i 1 Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 88-210 was vote: Ayes: Counc il Members Maudsley, Miller. Noes: None. Minor, Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, Absent: Council Members RES. 88-211 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1988-89 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 952, LAND- SCAPING CONSTRUCTION AND MAINTENANCE, STATE COLLEGE PARKWAY (UNIVERSITY PARKWAY) AREA. (40) Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 88-211 was vo te: Ayes: Counc i 1 Members Maudsley, Miller. Noes: None. Minor, Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, Absent: Council Members . RES. 88-212 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1988-89 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 953, LAND- SCAPING MAINTENANCE, SIXTEENTH STREET BETWEEN MUSCOTT STREET AND CALIFORNIA STREET. (41) Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 88-212 was vote: Ayes: Council Members Maudsley, Miller. Noes: None. Minor, Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, Absent: Council Members COUNCIL MEMBERS MINOR AND POPE-LUDLAM RETURNED Counc il Members Mi nor and Pope-Ludlam returned to the Council Meeting and took their places at the Council Table. COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council Meeting. . 20 6/20/88 . RES. 88-213 - RESOLUT ION OF THE CITY OF SAN BERNARDINO RENEWING THE CONTRACT WITH ARROW POWER SWEEPING, FOR PROVIDING SWEEPING SER- VICES FOR CENTRAL CITY MALL SURFACE PARKING SPACES AND THREE-LEVEL PARKING STRUCTURE. (37) Acting City Administrator Robbins answered questions regarding the rebidding and renewal of the sweeping ser- vice contract. Assistant City Attorney Brue answered questions regarding the surety bond for the contract. Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 88-213 was va te: Ayes: Counc i 1 Members Maudsley, Minor, Pope-Ludlam. Council Member Miller. adopted by the following Estrada, Reilly, Flores, Noes: None. Absen t: . RES. 88-214 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1988-89 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 959, LAND- SCAPING MAINTENANCE, PORTIONS OF KENDALL DRIVE, SHANDIN HILLS DRIVE, "F" STREET AND LITTLE MOUNTAIN DRIVE, (SHANDIN HILLS AREA). (42) Counc i 1 Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be adopted. Resolution No. 88-214 was vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam. Council Member Miller. adopted by the following Estrada, Reilly, Flores, Noes: None. Absen t : RES. 88-215 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1988-89 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 956, LAND- SCAPING MAINTENANCE, CARNEGIE DRIVE AREA. (43) Counc i 1 Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be adopted. Resolution No. 88-215 was vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam. Council Member Miller. adopted by the following Estrada, Reilly, Flores, Noes: None. Absent: . 21 6/20/88 I l . RES. 88-216 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1988-89 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 962, FOR THE MAINTENANCE OF A SEWER LIFT STATION IN THE AREA GENERALLY LOCATED EASTERLY OF PINE AVE- NUE AND SOUTHERLY OF BELMONT AVENUE, IN THE CITY OF SAN BERNARDINO. (44) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be adopted. Resolution No. 88-216 was vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam. Council Member Miller. adopted by the following Estrada, Reilly, Flores, Noes: None. Absent: RES. 88-217 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1988-89 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 963, FOR THE MAINTENANCE OF A SEWER LIFT STATION IN POR- TIONS OF ALLEN STREET, NORTH OF CENTRAL AVE- NUE IN THE CITY OF SAN BERNARDINO. (45) . Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be adopted. Resolution No. 88-217 was vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam. Council Member Miller. adopted by the following Estrada, Reilly, Flores, Noes: None. Absent: RES. 88-218 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1988-89 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 968, LAND- SCAPING MAINTENANCE, AIRPORT DRIVE BETWEEN COMMERCENTER EAST AND COMMERCENTER WEST. (46) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be adopted. Resolution No. 88-218 was vo te: Ayes: Counc i 1 Members Maudsley, Minor, Pope-Ludlam. Council Member Miller. adopted by the following Estrada, Reilly, Flores, Noes: None. Absent: . 22 6/20/88 . ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST AMENDING SECTION 2.50.010 OF THE SAN BERNAR- DINO MUNICIPAL CODE TO PERMIT AMENDMENTS TO THE CIVIL SERVICE RULES AND REGULATIONS BY RESOLUTION. (47) City Clerk Clark read the title of the ordinance. Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that fur- ther reading of the ordinance be waived and that said ordinance be laid over for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE MAYOR AND COMMON COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. (48) City Clerk Clark read the title of the ordinance. . Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that fur- ther reading of the ordinance be waived and that said ordinance be laid over for final passage. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. PERSONNEL COMMITTEE MEETING MINUTES - JUNE 9, 1988 - COUNCIL MEMBER REILLY Council Member Reilly, Chairman of the Council Per- sonnel Committee, provided the minutes of their meeting held June 9, 1988, at which time the following items were discussed: (50) 1. Minimum Wage - After receiving an oral report from the City Administrator indicating that the new minimum wage at $4.25 per hour has been budgeted, the Committee recommended approval and implementation in first pay period - July 4, 1988. The salary resolution amendment will be presented on the July 5, 1988, Council Agenda. 2. Authorize Establishment of position of Director of Telecommunications and Deletion of Position of CATV Coordinator - The Com- mittee recommended approval. (Attachment) . 23 6/20/88 . 3. Resolution Authorizing Execution of Agreement with Stacey Millet to Perform Con- sulting Services for Data Processing The Committee recommended approval. 4. Resolution Authorizing Extension of Agreement with Janice Ingalls to Perform Consulting Services for Data Processing - The Committee recommended approval. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the minutes of the Council Personnel Committee meeting of June 9, 1988, be received and filed. RECESS MEETING At 10:22 a.m., Mayor wilcox called for a five-minute recess. RECONVENE MEETING At 10:35 a.m., Mayor wilcox called the Regular Meet- i ng of the Mayor and Common Counc il of the Ci ty of San Bernardino to order in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. . ROLL CALL Roll Call was taken by Ci ty Clerk Clark wi th the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Assistant City Attorney Brue, City Clerk Clark, Acting City Administrator Robbins. Absent: None. REPORT - DISPOSITION OF CLAIMS FILED AGAINST THE CITY IN THE LAST FIVE YEARS - CONTINUED FROM JUNE 6, 1988 In a memorandum dated June 16, 1988, John Kirwan, Director of Risk Management, provided a report reviewing the disposition of claims filed against the City over the last five years. (11) The report contains findings, conclusions and recommendations concerning its objective to review the City's liability claims record for frequency and sever- ity, to review reserve adequacy, to review claims hand- ling procedures and to review settlement authority levels. . 24 6/20/88 . John Kirwan, Director of Risk Management, reminded the Mayor and Common Council that the figures listed in the report for the present fiscal year are not fixed, as the fiscal year is still open. He expressed concern wi th the adequacy of the re- serves available for open cases. He answered questions concerning the percentage of fraudulent claims filed against the City. He stated that the Ci ty Attorney's Office is investigating a number of claims. It is not policy to settle a claim simply be- cause of costs involved in processing it, as this would result in more fraudulent claims being filed. . Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that a Claims Committee be established, comprised of the City Administrator, City Attorney and the Director of Risk Management; and that the City Attorney be instructed to prepare the appropr ia te amendment to Chapter 3 of the Municipal Code Section 3.16.050 to raise the claim settlement authority for the City Administrator to $10,000 and that upon a unanimous vote of the Claims Committee, an amount not to exceed $20,000 be granted to the Ci ty Administrator as additional claims settlement authority. RECESS MEETING - CLOSED SESSION At 10:47 a.m., Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the Common Council recess to Closed Session to meet with its designated representatives regarding labor relations matters pursuant to Government Code Sec- tion 54957.6. (63) CLOSED SESSION At 10:47 a.m., Mayor wilcox called the Closed Ses- sion to order in the Conference Room of the Council Cham- bers, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being pre- sent: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Assistant City Attorney Brue, Acting City Administrator Robbins. Absent: City Clerk Clark. Also present was Gordon Johnson, Director of Per- sonnel. . 25 6/20/88 . ADJOURN CLOSED SESSION At 11:14 a.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 11:14 a.m., Mayor Wilcox called the Regular Meet- ing 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 Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Assistant City Attorney Brue, City Clerk Clark, Acting City Administrator Robbins. Absent: None. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - REGULAR MEETING The Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order by Chairman wilcox in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. . RECESS MEETING - LUNCHEON WORKSHOP At 12:15 a.m., Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that the meeting recess to the Management Information Center (MIC Room), Sixth Floor, City Hall, 300 North "0" Street, San Bernardino, California. RECONVENE MEETING At 12:20 p.m., Mayor Wilcox called the luncheon workshop concerning the FY 1988-89 Budget to order in the Management Information Center (MIC Room), Sixth Floor, City Hall, 300 North "0" Street, San Bernardino, Cali- fornia. ROLL CALL Roll Call was taken by Ci ty Clerk Clark wi th the fallowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Assistant City Attorney Brue, City Clerk Clark, Acting City Administrator Robbins. Absent: None. BUDGET WORKSHOP - CITY CLERK'S OFFICE - LEGAL ADVERTISING EXPENDITURES This is the time and place set for a review the FY 1988/89 Budget. workshop to (49) . 26 6/20/88 . James Robbins, Acting City Administrator, stated that the next budget sess ion would be July 8, 1988, at 9:00 a.m. The item for today's discussion is the legal advertising budget of the City Clerk's Office. This sub- ject was continued to this date from the June 17, 1988, meeting of the Mayor and Common Council. City Clerk Clark presented a recommendation concern- ing legal advertising of zone change ordinances, and other legal advertising. Discussion ensued regarding the circulation of The Sun and the weekly newspapers throughout the community~ Assistant City Attorney Brue spoke regarding the legal issues and recommended that all City legal adver- tising be placed, at a minimum, in The Sun, as this is the newspaper with the largest circulation in the City. It was agreed that the City Clerk and the City Ad- ministrator would look at the legal advertising policies throughout the Ci ty to determine how other departments advertise legal notices, and that they would prepare a report on the circulation of The Sun and weekly news- papers within the City limits of San Bernardino. . RECESS MEE~'ING At: 1: 20 p.m., the meeting recessed until in the Council Chambers of City Hall, 300 Street, San Bernardino, California. 2:00 p.m., North "D" RECONVENE MEETING At 2:09 p.m., Mayor wilcox called the Regular Meet- ing of the Mayor and Common Council of the City of San Bernardino to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by Ci ty Clerk Clark wi th the following being present: Mayor Pro Tempore Maudsley; Council Members Reilly, Flores, Maudsley, Minor, Pope- Ludlam, Miller; Assistant City Attorney Brue, City Clerk Clark, Acting City Administrator Robbins. Absent: Mayor Wilcox; Council Member Estrada. APPEAL HEARING - PLANNING COMMISSION'S DENIAL - CONDITIONAL USE PERMIT 87-64 - 80-UNIT RETIREMENT HOME - MEDICAL CENTER DRIVE - TERRY CRAWFORD This is the time and place set for an appeal concerning the Planning Commission's denial of tional Use Permit 87-64 for the construction of hearing Condi- an 80- . 27 6/20/88 . unit retirement home complex for senior citizens. The proposed complex 1S located on 2.07 acres in a C-3A, Limited General Commercial District, and C-M, Commercial Manufacturing District on the west side of Medical Center Drive, approximately 200 feet south of the centerline of West Highland Avenue. (57) The applicant is Terry Crawford of Crawford Proper- ties, 1129 W. Crescent Avenue, Redlands, CA 92373. The owners are A. L. and Margaret E. Rist of 7103 Argonauta Way, Carlsbad, CA 92009. The Planning Commission voted 9-0 to deny the Con- ditional Use Permit. In a memorandum dated June 8, 1988, Planning Direc- tor Siracusa provided information regarding Conditional Use Permit 87-64. In a letter dated June 16, 1988, Kathryn Pichette, Director of the San Bernardino County Office on Aging, supported the project, stating that they are convinced of the need for a facility providing a very full range of services for senior citizens. . Mayor Pro Tempore Maudsley opened the hearing. John Montgomery, Principal Planner, provided a sum- mary of the background of the request for the Conditional Use Permit. He submitted a petition of 112 signatures in support of the retirement complex. Council Member Pope-Ludlam stated that she had re- ceived reports that some people signing the petition were told she was in support of the project, which she is not. Discussion bei ng loca ted in hood. The height ensued regarding the proposed project a single family residential neighbor- of the project was also discussed. MAYOR WILCOX AND COUNCIL MEMBER ESTRADA ARRIVED Mayor wilcox and Council Member Estrada arrived at the Council Meeting and took their places at the Council Table. . 28 6/20/88 . Terry Crawford, applicant, answered questions, stating that modifications have been made to the kitchen fac il i ty due to neighborhood concern. Each uni t wi 11 be equipped with a kitchenette. There are also full dining services for the residents of the project. Residents have a choice of purchasing or preparing their own meals. Mr. Crawford spoke regarding his canvass of the neighborhood the previous weekend and circulation of the petition to support the project. He presented a letter of support from Cherrie o. Williams, Commissioner representing the Sixth Ward on the Senior Affairs Commission. Mr. Crawford economic viability for residents. answered questions regarding of the project and the monthly the cost He spoke regarding the misconception that the pro- ject would turn into a low income housing project. . Anthony Trozera, 1588 W. Highland Avenue, the owner of The Mug restaurant, spoke in support of the project, which will create jobs and revenue for the City. He pointed out that the Community Hospital senior housing project, to be located within the same neighborhood, will be five stories high and that this project is three. Francisco Gomez, Planning Commissioner, 533 Western Avenue, requested that the Planning Commission's decision be overruled. He helped to circulate the peti tion in support of the project. He stated that he never heard the name of Councilwoman Pope-Ludlam mentioned during the canvass of the neighborhood. Lieutenant John Klein of the Police Department ex- pressed concern for the project regarding crime, as foot traffic poses a potential problem. He stated that the design of the project was modified for protection against crime. Lt. Klein stated that the Police Department does not strongly oppose the project. He answered questions re- garding crime statistics in the area, stating that they are not particularly high. . 29 6/20/88 . Ann Siracusa, Planning Director, answered questions regarding the project being located a couple of blocks from the Community Hospital senior housing project. She stated that staff is not opposing the Community Hospital project. Lt. Klein answered questions regarding the recom- mendation of the Police Department for the Community Hospital project, stating that it will not be opposed. Denice Brue, Assistant City Attorney, expressed the need for a rational basis to support or deny the project. Discussion ensued regarding the units having kitchens and, therefore, being designed in such a manner as to be easily converted into a multi-family housing complex. The Community Hospital senior housing project is not designed so as to be converted. Planning Director Siracusa answered questions, stating that any conversion of the senior housing complex would require a Conditional Use Permit. Stipulations and conditions can be applied to the permit. . Discussion ensued regarding the complaints concern- ing the project being the lack of assurance that it will not be converted to a low income, multi-family complex. Shauna Clark, City Clerk, answered questions and suggested a mechanism prohibiting the conversion of the senior housing complex be installed up front. The Planning Director stated that certain covenants could be listed in the deed. Assistant City Attorney Brue answered questions regarding the enforceability of deed restrictions. Willie Garrett, 1830 W. 20th Street, San Bernardino, questioned why the Police and Planning Departments voted against the project. He also questioned the number of projects that the developer has completed. Mr. Garrett complained that Planning Commissioner Gomez was actively circulating a petition along with the developer, and questioned if there was a conflict of interest. Assistant City Attorney Brue stated she would review the facts to determine if a conflict of interest exists. . 30 6/20/88 . Fred Prendergast, 1615 N. Susie Lane, stated he approved of the Community Hospital senior citizen com- plex, but feels that other developers are not as con- cerned with the feelings of the neighborhood. Jurlean McGinnis, 1624 N. Susie Lane, President of the Orangewood Homeowners Association, representing 120 homes in the neighborhood, expressed concern that the senior housing complex proposed by Mr. Crawford could easily be turned into low income apartments, and request- ed its denial. She spoke in favor of the Community Hospital senior citizen complex, as its representatives have met with the neighbors and answered their concerns. Norma Archie, 1902 W. 15th Street, requested an investigation be conducted regarding any connections between Mr. Crawford, Planning Commissioner Gomez and Council Member Estrada. She also questioned Councilwoman Estrada's interest in the project, as it is not in her ward. She asked if the building is consistent with the new land use designations. . Councilwoman Estrada stated that the first time she had ever seen Mr. Crawford was at this Council meeting. She ans~Jered that as a Council Member, her vote affects the entire City, not just the First Ward. Mr. Gomez is the Planning Commissioner representing the First Ward; however, she does not tell him what to do, just as he does not tell her what to do. She further stated that she has no financial connection with either Messrs. Craw- ford nor Gomez. Planning Director Siracusa answered questions, stating that the area is zoned commercial health care, which permits senior citizen projects and is consistent with the new land use designations. Ms. Archie answered questions, opposes the project because she has no will remain a senior citizen complex. stating that she confidence that it Morsell Johnson of the N.A.A.C.P., 1321 W. 21st Street, stated that he has talked with Mr. Crawford and a representative of the Housing Authority, and does not feel that the project is economically viable. . 31 6/20/88 . He stated that the N.A.A.C.P. is in favor of senior citizen projects, but he does not believe that this will be a successful project and would later be turned into multi-family housing. Richard Cole, Planning Commissioner, 1648 ginia, spoke regarding the unanimous vote of the Commission against the project. He does not project is economically viable. W. Vir- Planning feel the Dr. Juanita Scott, 1734 W. Virginia, an owner of several pieces of property in the neighborhood, requested that the area be maintained as single family residential. She stated reasons why the Community Hospital senior complex was satisfactory for the neighborhood. She ex- pressed concern that the project would be turned into multi-family housing. Discussion ensued regarding the Second Ward of the City having approximately four senior citizen complexes, and no problems wi th traffic, parking or ci ti zen com- plaints. . Cheryl Brown, Vice Chairperson of the Planning Com- mission, 1626 Pennsylvania Street, spoke regarding the differences in the neighborhoods of the Second and Sixth Wards. She also spoke against the development of the complex and apartments. She answered questions regarding the Planning Com- mission's vote against the project and its reconsidera- tion. Terry Crawford, developer, answered questions re- garding his circulation of a petition in the surrounding neighborhood in support of the project. He did not feel there was any confusion on the part of the people signing the petition as to which senior housing complex they were supporting. He stated that he would be willing to accept a deed restriction to limit the use of the building to a senior citizen congregate care facility. Discussion ensued regarding the lack of confidence of the neighbors in the area that the project will remain a senior housing complex. The recommended denial by the Planning Department, Planning Commission and the fact that the Police Department was less than enthusiastic about the project was discussed. . 32 6/213/88 . Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, that the hearing be closed and that the appeal and Conditional Use Permit No. 87-64, be denied. Terry Crawford, developer, Council Member Estrada, stating regarding this project. answered they had questions of never spoken Council Member issues raised, she matter. Estrada stated would abstain that from because voting of the on the Discussion having a meeting problem. ensued regarding the possibility of held in the area for a solution to the The motion carried by the following vote: Ayes: Council Members Flores, Minor, Pope-Ludlam, Miller. Noes: Council Members Reilly, Maudsley. Absent: None. Ab- stain: Council Member Estrada. . APPEAL HEARING - PLANNING COMMISSION'S DENIAL - CONDITIONAL USE PERMIT 88-21 - SALE OF ALCOHOLIC BEVERAGES, POOL TABLE, DANCE FLOOR - 3227-3231 NORTH "E" STREET - RITA NIBLICK, OWNER - THOMAS & ELIZABETH HAGA, APPLICANTS This is the time and place set for an appeal hearing regarding the Planning Commission's denial of Conditional Use Permit 88-21 to allow the sale of alcoholic beverages for on site consumption and to provide a pool table and dance floor at 3227-3231 North "E" Street, previously known as "The Knothole". (58) In a letter dated May by Mark Bradbury, attorney, Thomas and Elizabeth Haga. Rita Niblick. 25, 1988, an appeal was filed on behalf of the applicants, The owner of the property is The Planning Commission voted 4 to 4, wi th 1 Com- missioner absent, for denial of the Conditional Use Per- mit. In a memorandum dated June 9, 1988, Ann Siracusa, Planning Director, provided information regarding the application for and denial of Conditional Use Permit 88-21. . 33 6/20/88 . In a letter dated May 6, 1988, Mark Bradbury, Pres- ident of SBRECO, who is also the attorney representing Thomas and Elizabeth Haga, stated that SBRECO, a corpora- tion, has granted the right of useage of twenty parking spaces behind its offices at 3200 North "E" Street to Thomas and Elizabeth Haga for a ten-year period. He stated that the majority stockholder of SBRECO is Mr. Haga's brother. In a letter dated May 10, 1988, Rita Niblick, owner of the property located at 3229-3231 North "E" Street, stated that at no time since her deceased brother-in-law purchased the property has the apartment on the second floor level been vacant for more than a 72-hour period. Mrs. Niblick inherited the property upon the death of her brother-in-law. A copy of a Petition for Conditional License from the Department of Alcoholic Beverage Control of the State of California for Thomas and Elizabeth Haga, dated April 8, 1988, is included in the back-up information. . A request was letter dated May 17, Use Permit #88-21, neighborhood. received from Raymond Walsh in a 1988, for the denial of Conditional as the bar is a nuisance in the A peti tion was filed containing 28 signatures of neighbor ing residents who oppose Condi tional Use Permit 88-21, as they feel the increased traffic flow and noise would affect the value of the neighborhood. Mayor wilcox opened the hearing. Thomas and Elizabeth Haga, applicants, stated that it was discovered that the previous owner of "The Knot- hole" had been operating the business without a business license since 1980. They stated that they are in receipt of signatures from neighbor ing bus iness owners who do not oppose the presence of the bar. They answered questions regarding the lack of required parking for the bar. Ri ta Nibl ick, proper ty owner, spoke reg ard ing the problems she has incurred in keeping the business going since she inherited it from her brother-in-law. She described expenses she has incurred and has had the busi- ness open "once in a while". The ABC license is intact and transferrable to the new owners. . 34 6/20/88 . Shauna Clark, City Clerk, garding the last people licensed been Norman and John Tucker and Rita Niblick's brother-in-law license for the business. answered questions re- at this location having Thomas Patton in 1979. never had a business Frank Ferdick, real estate agent, stated he was asked to sell the property and checked it out through First American Title and the City. He was assured that the business license was transferrable. He understood that if the business was closed 180 days or more, that it would have to be brought back to code. The property was put into escrow in May, 1987, but the probate attorney could not close the transaction. He then sold the pro- perty to the Hagas. Bob Stadler stated he was hired by the repair the building to meet code requirements. on the bui ld ing for approx imately si x weeks. that the business was not open while he was the building. Hagas to He worked He stated working on . Rick Zeiber, principal archi tect and fr iend of the Niblicks, gave a history of the previous owners. He sta ted tha t the Niblicks opened the bus iness now and then, as they knew it could not be closed 180 days or more. He stated that their first knowledge of the lack of a business license was in January, 1988. They applied for a Certificate of Occupancy and Conditional Use Permit at that time. He spoke regarding the lack of required parking for the building and cited other locations in the neighbor- hood which do not have driveway access or adequate park- ing. He answered questions, stating that the deceased Mr. Niblick purchased the business in the late 1970s. Shauna Clark, Ci ty Clerk, sta ted tha t the bus i ness operated illegally since that time, without a Certificate of Occupancy or a business license. John Woolard, 1557 W. 33rd Street, spoke against the open ing of the bar, as it would resul t in loi ter ing and trash in a residential neighborhood. He stated that the business owners who signed the petition in support of the bar are not there at night. . 35 6/20/88 . John Burrell, 3218 Little Mountain Drive, made an offer to purchase the property over a year ago. It had been closed for at least three months at that time. There was no stock or inventory and the building did not meet code standards. He investigated the location with the Planning and Building & Safety Departments, and dis- covered it did not meet the parking requirements. He checked it out with the City Clerk's Office and found the business did not have a business license. He made a low offer of purchase, which was rejected. He stated that he attended the Planning Commission meeting regarding Conditional Use Permit 88-21, because he feels that anyone attempting to open the business should be required to meet all of the requirements. J. A. Garza, a concerned parent, stated that the dance studio located across the street from the proposed bar would be affected by the bar patrons. John Swiggum, owner of Butch's Grinders on the cor- ner of Marshall and "E" Streets, spoke against the bar, as it lacks parking and its patrons park on his property. . Aaron Tarlton, 3239 North "E" Street, who resides next door to the bar, described the noise, trash and loitering problems he encounters when it is open. Bob Stark, owner of the residence at 3239 North "E" Street, ci ted problems wi th bar pa trons parki ng on hi s property, having struck his vehicle twice as they leave the bar, and urinating on his front lawn. David Taylor, 3197 Stoddard, a resident of the street behind the bar, spoke against its reopening. He stated that 15,000 cars travel through the intersection of Marshall and "E" every day and traffic should not be increased. Thomas Long, 3196 Stoddard, the bar's property and stated petition against the bar. provided photographs of he had circulated the Edwin Upton, 448 W. Marshall, spoke in opposition to the bar, stating that dancing would cause parking prob- lems. He spoke regarding disturbances in the neighbor- hood due to the bar. . 36 6/20/88 . Raymond Walsh, 3206 North "D" Street, stated that had he known that this business was going before the Alcoholic Beverage Board, he would have opposed it there. He strongly urged the Council to reject the appeal. Steve KOluncich, 225 owner of the property next against the opening of the problems. Cana Drive, Santa Barbara, to the proposed bar, spoke bar and described parking Mr. and Mrs. Tudor, who work in a store in the shopping center at Marshall and "E" Streets, stated that the neighborhood is quiet when they close at 11:30 p.m., since the closing of the bar well over a year ago. They described parking problems caused by delivery trucks for the bar. Skip Mahoney, 3231 N. Stoddard, spoke in opposition to the bar, as it causes disturbance of the residential neighborhood. . Detective Brian Cartoni, Police Department, answered questions and described the background check run on the applicants by the Police Department for their Operating Permit. He stated that the area's crime level nor the saturation of alcohol-related businesses are to the ex- tent that the Police Department would recommend against the bar reopening for those reasons. He sta ted tha t the Alcoholic Beverage Control license would have to be sur- rendered if the business were not open for 15 days or more in a row. He answered questions regarding crime and arrest statistics on the business. Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the hearing be closed and that the appeal and Conditional Use Permit No. 88-21, be denied. RECESS MEETING At 4:45 p.m., Mayor wilcox called for a ten-minute recess. RECONVENE MEETING At 4:58 p.m., Mayor Pro Tempore Maudsley called the Regular Meeting of the Mayor and Common Council of the City of San Bernardino to order in the Conference Room of City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. . 37 6/20/88 . ROLL CALL Roll Call was taken by Ci ty Clerk Clark wi th the following being present: Mayor Pro Tempore Maudsley; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Assistant City Attorney Brue, City Clerk Clark, Acting City Administrator Robbins. Absent: Mayor wilcox. CHANGE OF ZONE 88-1 - SOUTH SIDE OF 23RD STREET, 100 FEET WEST OF MT. VIEW AVENUE - FROM T, TRANSITIONAL, TO C-3, GENERAL COMMERCIAL - PATRICK CHIU & ASSOC., APPLICANT - GREAT WESTERN DEVELOPMENT, OWNER - CONTINUED FROM MAY 16, 1988 In a memorandum dated June 9, 1988, Ann Siracusa, Director of Planning, provided information regarding an application by Patrick Chiu & Associates on behalf of the property owner, Great Western Development, for Change of Zone 88-1. (59) The subject property is located on the south side of 23 rd Street, 100 feet west of Mt. View Avenue. The re- quested zone change is from T, Transitional to C-3, General Commercial. The owner of the property has applied for a Travel Lodge franchise for the site. . The Planning Commission voted unanimously to approve the Change of Zone. In a letter dated June 2, 1988, Jere Hooper, Senior Vice President of Forte Hotels International, Inc., the franchising agent for Travel Lodge, expressed approval of the site and of its preliminary plans. In a letter dated May 27, 1988, the Police Depart- ment expressed approval of the design of the motel and stated conditions of approval for a Conditional Use Per- mit for the proposed motel. Planning Director stating that the requested land use designations. Siracusa answered questions, zone change is within the new Discussion ensued regarding this Highland Avenue location not having residences directly behind it. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the responses to comments be approved; that the Negative Declaration for environmental impact, which has been . 38 6/20/88 . reviewed and considered, be adopted; that the findings and recommendation of the Planning Commission be approved and that the City Attorney be directed to prepare the necessary amendments to the Zoning Code. APPEAL HEARING - RECONSIDERATION OF COUNCIL ACTION - CONDITIONAL USE PERMIT 88-4 - LIQUOR STORE - HIGHLAND AND PALM AVENUES - JOHN LIGHTBURN & ASSOC. ON BEHALF OF STEVE HALL, APPLICANT - JAMES SIMPSON, OWNER This is the time and place set for an appeal hearing to reconsider Council action taken April 4, 1988, denying the request of John Lightburn & Associates on behalf of Steve Hall, applicant, for Conditional Use Permit 88-4, to establish a liquor store in a multi-tenant commercial center located on Highland and Palm Avenues. (60) In a memorandum dated June 14, 1988, Ann Siracusa, Director of Planning, provided background information regarding the Planning Commission's March 1, 1988, denial of Conditional Use Permit 88-4 and the denial of the appeal by the Mayor and Common Council on April 4, 1988. . In a Lightburn applicant, sideration letter dated April 22, 1988, John Lightburn of & Associates, representing Steve Hall, the described the basis for his request for recon- of the Council action. At the May 16, 1988, meeting of the Mayor and Common Council, reconsideration of the item was granted and scheduled to be heard at this time. Mayor Pro Tempore Maudsley opened the hearing. Planning Director Siracusa stated that six letters of opposition have been received against the reconsi- deration of the liquor store. John Lightburn, representing Steve Hall, the appli- cant, stated that the proposed business is not just a liquor store, but includes video rentals and sundries. The amount of floor space dedicated to alcohol is 14%, with 5% containing hard liquor. He read from a letter dated June 15, 1988, which stated additional conditions to which his client would agree in order to obtain Conditional Use Permit 88-4. Lewis Cantrell, who runs a shop in the center across the street from the proposed store, spoke in opposi tion to another store selling liquor in the area. . 39 6/20/88 . Steve Lamberson, an area resident, expressed concern over the sale of pornographic movies and alcohol. Ron Perez spoke in opposition to another liquor store in the area. Roger Hamamura, an area resident, stated that he still opposes the proposed store. Linda Crowell, an area resident, spoke regarding problems in the shopping center across the street due to juveniles, and this store adding to that problem. Discussion ensued regarding an attempt to have a community meeting the previous week, which resulted in a poor turnout. John L ightburn described proposed secur i ty for the store and not making the facility attractive for juve- niles. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the hearing be closed. . Discussion ensued regarding the additional proposed standards, the combination of videos and alcohol, and the fact that additional protest letters have been received. Council Member Maudsley made a motion, seconded by Council Member Minor, that the appeal and Conditional Use Permit No. 88-4, be denied. The motion failed by the following vote: Council Members Reilly, Maudsley, Minor. Noes: Members Estrada, Flores, Pope-Ludlam, Miller. None. Ayes: Council Absent: Council Member Estrada made a motion, seconded by Council Member Flores, that Conditional Use Permit No. 88-4 be approved subject to Findings of Fact and condi- tions of approval and standard requirements; addition- ally, that it be subject to the following conditions set forth by the applicant: l. 7:00 a.m. Saturday, 10:00 p.m. Operational Hours Monday through Thursday, to 11:00 p.m.; Friday, 7:00 a.m. to 1:00 p.m.; 8: 00 a.m. to 1: 00 p.m.; Sunday, 8: 00 a.m. to . 40 6/20/88 . 2. On-site Security (1 Security Guard) - Monday through Thursday, 7: 00 p.m. to 11: 00 p.m.; Friday and Saturday, 5: 00 p.m. to 1: 00 a.m.; Sunday, 6: 00 p.m. to 10:00 p.m. 3. Adul t Materials - All pr in ted material s will be displayed in an appropriate and non-offensive manner; all adult videos will not be displayed, but available upon request. 4. No video games, vend ing machi nes or any other items or devices that become an attractive nuisance. Mr. Hall will post signs that prohibit loitering and extend- ed parking and will enforce the law. No pay phones in the immediate vicinity of the store. 5. At all times the business will be operated in a manner which does not produce obnoxious noise, vibration, odor, dust, smoke, glare or other nuisance. The owner and applicant further agree to participate in forming a voluntary security assessment district with other busi- nesses located at Highland and Palm Avenues. . The motion Council Members Ludlam, Miller. None. carried by the following vote: Ayes: Estrada, Flores, Maudsley, Minor, Pope- Noes: Council Member Reilly. Absent: APPEAL HEARING - PLANNING COMMISSION'S APPROVAL - TENTATIVE TRACT 12872 - PARK AND MORGAN DRIVES - BARBARA SKY & CHRISTOPHER SALDECKE, APPELLANTS - FORECAST CORPORATION, APPLICANT This is the time and place set for an appeal hearing requested by Barbara Sky and Chri stopher Saldecke con- cerning the Planning Commission's approval of the phasing of previously approved Tentative Tract 12872 (Revised). Phase I is to contain 57 single-family residences on 10,800 square foot and greater size lots. (62) Tentative Tract 12872 is located on a 29.3 acres east of the intersection of Park and Morgan Drives in a R-1-7200 zone. The Planning Commission voted unanimously to approve Phase I of Tentative Tract No. 12872 (Revised). In a memorandum dated June 9, 1988, Planning Director Siracusa provided background information re- garding Tentative Tract No. 12872 (Revised), stating that staff also recommends approval of Phase I. . 41 6/20/88 . In a letter dated May 11, 1988, Joy Kolstad, 1542 Indian Trail Drive, expressed concern regarding the pro- ject and requested that the Council have an appeal hear- ing. In a letter dated May 10, 1988, Bill Baumann of the Little Mountain Homeowners Association, listed concerns and recommendations regarding Tentative Tract 12872 (Revised), and stated that they are in favor of the pro- posed development because it will complete Morgan Road. Chr i stopher A. Faber, proj ect Manager for Forecast Corporation, described changes in the original tract provisions in a letter dated May 26, 1988. In a letter dated April 22, 1988, Robert Corchero, Chief of the Water Resources Division of the County Transportation/Flood Control Department, addressed the subject of flood control for the project. In letters dated March 30, 1987, and May 25, 1982, Duane Lyon, President of Richard Mills Associates, foundation engineers, addressed geologic concerns of the project location. . Discussion was held concerning a request from the appellants that the matter be continued. Council Member Minor made a motion, seconded by Council Member Estrada, that the appeal hearing be con- tinued to July 5, 1988, at 2:00 p.m. The motion Council Members Noes: Council None. carried Estrada, Members by the following vote: Ayes: Reilly, Flores, Maudsley, Minor. Pope-Ludlam, Miller. Absent: Joe Carman of Forecast Corporation opposed the con- tinuance of the appeal hearing. He stated that it was set for this time and date in answer to a request by the appellants. They did not attend the Planning Commission hearing, nor a homeowners meeting, of which they had knowledge. He spoke regarding delays on the project due to the moratorium and requested there be no further delays. Assistant City Attorney Brue answered questions regarding delays on this project, stating that a review would be required in order to determine if the delays have caused a violation of the Subdivision Map Act. . 42 6/20/88 . She stated that further discussion and action con- cerning this subject would require a vote to reconsider. Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley, that Tentative Tract 12872 (Revised), be reconsidered. The motion Council Members Ludlam, Miller. None. carried Estrada, Noes: by the Rei lly, Council following vote: Ayes: Flores, Maudsley, Pope- Member Minor. Absent: Council Member Miller made a motion, Council Member Pope-Ludlam and unanimously the public hearing concerning Tentative (Revised), be continued. seconded by carried, that Tract 12872 Mayor Pro Tempore Maudsley opened the hearing. Helen Kopcynski, 8150 Cable Canyon Road, stated she arrived late at the Planning Commission meeting concern- ing Tentative Tract 12872 (Revised), which had already been approved on the Consent Agenda for the meeting. . Shauna Clark, City Clerk, explained that anyone denied the opportunity to speak the evening of the Plan- ning Commission meeting could submit an appeal in writing. The basis for which the tract is being appealed by Barbara Sky and Christopher Saldecke is in the back-up material for Council review. Helen Kopcynski stated that Barbara Sky was not notified of this hearing by the City Clerk's Office. Shauna Clark stated that Barbara Sky and Christopher Saldecke were notified of the date and time set for the hearing, which was confirmed by Council Member Minor who had spoken with Barbara Sky. Assistant City Attorney Brue answered questions regarding consideration of the appeal letter. Mr. Stanley, representing Bill Bauman of the Little Mountain Homeowners Association, spoke in favor of the development of Tentative Tract 12872 (Revised), as it will upgrade the value of the surrounding area. He stated they have no negative concerns regarding the tract. . 43 6/20/88 . council Member Miller made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the hearing be closed; that the Negative Declaration be approved; that the appeal be denied; that Tentative Tract No. 12872 (Revised) be approved subject to Findings of Fact and Conditions set forth in the Planning Commission staff report, and added Conditions contained in Attach- ment A. RECESS MEE'rING At 5:40 p.m., a short recess was called by Mayor Pro Tempore Maudsley. RECONVENE MEETING At 5:55 p.m., the meeting was called to order by Mayor Wi lcox in the Counc il Chambers of Ci ty 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 Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; Assis- tant City Attorney Brue, City Clerk Clark, Acting City Administrator Robbins. Absent; Council Member Pope- Ludlam. . GENERAL PLAN - ESTABLISHMENT OF PROCEDURE FOR AMENDING THE INTERIM POLICY DOCUMENT In a memorandum dated June 20, 1988, Planning Director Siracusa stated that during the period of time between the approval of the Second General Plan Extension and the adoption of the new General Plan, if the Mayor and Council decide to consider requests for modifications from the public, a procedure for handling the requests is needed. (61) Attachment A of the Planning Director's memorandum included a "Procedure for Amending the Interim Policy Document" . COUNCIL MEMBER MAUDSLEY EXCUSED Council Member Maudsley left the Council Meeting. Planning Director Siracusa answered questions, stating that staff recommends that the Mayor and Council not allow individuals to request amendments to the Interim Policy Document, as it will result in rehearing much of the testimony heard during the public hearings held on the General Plan revision. This testimony will also be heard during the final adoption hearings on the General Plan. . 44 6/20/88 . Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the procedure for amending the Interim Policy Document be referred to the Legislative Review Committee for review. COUNCIL MEMBERS MAUDSLEY AND POPE-LUDLAM RETURNED Council Members Maudsley and Pope-Ludlam returned to the Council Meeting and took their places at the Council Table. COUNCIL MEMBERS MINOR AND ESTRADA EXCUSED Council Members Minor and Estrada left the Council Meeting. . CENTRAL CITY MALL - ENCROACHMENT PERMIT - MODERNIZATION OF MAIN ENTRANCE - AUTHORIZATION FOR CITY PARTICIPATION IN INTERIOR REFURBISHING PLAN In a letter dated May 31, 1988, Sam Catalano, General Manager of the Central City Company, stated that in order to comply with the requirements of an agreement between the Central City Company, the City of San Bernar- dino and the Redevelopment Agency, for the modernization of the Central Ci ty Mall, an encroachment permit is re- quired for the enhancement of the mall's main entrance. (56) In an undated memorandum, Wayne Overstreet, Superintendent of Public Buildings/Parking Control, pro- vided background concerning the agreement for the modern- ization of the Central City Mall. Sam Catalano, General Manager of the Central City Company, described enhancements to be made at the Central City Mall, for an estimated expenditure by Central City Company of $2,250,000. Counc i I Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the request by the Central City Company for an encroach- ment permit to allow construction of an exterior facade enhancement of the main entrance, in accordance with the on-going refurbishing plan on the south side of the Cen- tral City Mall's main entrance, be approved in principle; that the City Attorney be directed to prepare the neces- sary license agreement to authorize the requested en- croachment; that the request for City participation in . 45 6/20/88 . the interior refurbishing plan of the public areas of Central City Mall be approved as a joint effort with Central City Mall being the lead agency, and that City funding be limited to the amount approved in the FY 88-89 Capital Improvement for such items. LEGISLATIVE REVIEW COMMITTEE MEETING MINUTES - JUNE 9, 1988 - COUNCIL MEMBER REILLY Council Member Reilly, Chairman of the Legislative Review Committee, presented the minutes of the meeting held June 9, 1988, at which time the following items were discussed: (51) . 1. Central City Company Request for En- croachment Permit - Main Entrance to Central City Mall - The Committee received a report from Mr. Sam Catalano of the Central City Company. Upgrading cost to Central City will require $2.25 million, $73,0fHl of which will be the City's share. The Committee, after conferr ing with staff, recommended approval of Central City's request for an encroachment permit as requested. In order to expedite the overall project, the Committee agreed to make a motion to that effect from these minutes at the June 20, 1988, Council Meet- ing. 2. Telephone System Maintenance Agreement - The Committee, after a thorough briefing by the City Administrator, recommended accep- tance of the bid by Technicraft. This item will appear on the July 5, 1988, Agenda. 3. Comcast Line Extension Policy - The Com- mittee recommended staff's proposed policy and recommended a resolution be adopted im- plementing the standards city-wide. The resolution will be presented on the July 5, 1988, Agenda. 4. Municipal Code 18.40.380 Changes - The Committee recommended approval of the changes as proposed. These will be presented on the July 5, 1988, Agenda. 5. Ordinance Amending Section 19.60.100, Subsections A and B, Regarding Temporary Signs - Item continued to next meeting. . 46 6/20/88 . 6. Request for Waiver of Conditions of Approval for Tentative Parcel No. 113781 Undergrounding Existing Utility Lines and Installation of Curb and Gutter Along Circle Road - The Committee reviewed the request at length and with advice from the City Attor- ney's staff recommended approval of the re- quest for waiver. Extenuating factors con- sidered were that this was zoned R-l, that this was the same as in-fill housing and it was unreasonable and impractical to require undergrounding. The lots are remaining in the same household and meet the intent of the ordinance. The Commi ttee recommended denial of the request to waive the curb and gutter requirement. This is a standard requirement and there is no provision to allow a waiver. . 7. Request to Discuss Internal Procedure Currently Being Used by the City in Connec- tion with Measure HH - Jules Carvalho, Citi- zens for Responsible Research - The Committee referred this to the Animal Advisory Commis- sion Chairman, Mr. Harold Chandler. The item will be discussed at a 4:1313 p.m. Commission hearing on July 213, 1988, in the City Admini- stra tor's Conference Room. At torney Loren McQueen was asked to be present at that hear- ing. This item is to be returned to the Legislative Review Committee on July 21st with a legal opinion regarding Measure HH and the application of the present ordinance. 8. Ordinance to Limit Campaign Contributions - Item continued. 9. Parking Trucks on Residential Streets - Amendment to Municipal Code to Permit Parking Citations For: A. Parking Semi Trucks/Trailers on Residential Streets B. Blocking Public Access C. Unregistered Vehicles Item referred to the City Attorney for review and a proposed amendment. This will be brought back to Committee on July 7, 1988. . 47 6/213/88 . council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the minutes of the Legislative Review Committee Meeting held June 9, 1988, be received and filed. TENTATIVE PARCEL MAP NO. 10781 - CIRCLE ROAD - WAIVER OF CONDITIONS OF APPROVAL - UNDERGROUNDING EXISTING UTILITY LINES - INSTALLATION OF CURB AND GUTTER - STEVE PLEASANT, APPELLANT - LARRY AND CYNTHIA GRAEBER, OWNERS In a memorandum dated June 10, 1988, Roger Hard- grave, City Engineer, supported the recommendations of the Legislative Review Committee concerning their review of a request by Stephen Pleasant of CM Engineering Associates, Inc. to waive conditions of approval for Ten- tative Parcel Map No. 10781 for the undergrounding of existing utility lines and installation of curb and gutter along Circle Road. (See Item 51 (6) quoted above) (53) Cynthia Coleman, a relative of the property owners, stated that she does not want to install the curb and gutter because there is a two-foot block wall across from the property and that a curb and gutter would look funny. . COUNCIL MEMBERS ESTRADA AND MINOR RETURNED Council Members Estrada and Minor returned Council Meeting and took their places at the Table. to the Council Council Member Reilly made a motion, seconded by Council Member Maudsley, that the request for a waiver of the condition of approval for Tentative Parcel Map No. 10781, at Hillhurst Drive and Circle Road, to underground utilities, be approved; and that the request for a waiver of the condition of approval for Tentative Parcel Map No. 10781, at Hillhurst Drive and Circle Road, to construct curb and gutter along Circle Road, be denied. The motion carried by the following vote: Council Members Reilly, Flores, Maudsley, Minor, Noes: Council Member Pope-Ludlam. Absent: Abstain: Council Member Estrada. Ayes: Miller. None. WAYS AND MEANS COMMITTEE MEETING MINUTES - JUNE 13, 1988 - COUNCIL MEMBER ESTRADA Council Member Estrada, Chairperson of the Ways and Means Commi ttee Meeting, presented the minutes of the meeting held June 13, 1988, at which time the following items were discussed: (52) . 48 6/20/88 . 1. Expanded Code Enforcement Program - Item continued. The Committee asked the City Administrator to provide a report listing fee increases over the past three years and those proposed for next year's activities, as well as how the increase was paid. The impact on the Public Services refuse fund, with the new tipping fees required by the County, are also to be reported at the Committee meeting of June 27, 1988. The Building and Safety Director was requested to provide some options to the program (part-time, fewer supervisors) on July 11th. The majority of the Committee (Estrada, Miller) were still very concerned about the cost to implement this program and plans for the future fund- ing. Mayor wilcox stated that there ment related issues (complaints) addressed, whereas previously there are 600 code enforce- that have not been were 300. . Council Member Reilly made a motion, seconded by Counc i 1 Member Flores and unan imously carr ied, tha t the issue of expanded code enforcement be placed on the Coun- cil Agenda for the July 5, 1988, Regular Meeting. COUNCIL MEMBER MINOR EXCUSED Council Member Minor left the Council Meeting. 2. Increase in Animal Control Apprehension Fees for Large and Medi urn Livestock The Committee recommended approval. Item will be placed on the July 5, 1988, Agenda. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the minutes of the Ways and Means Committee meeting held June 13, 1988, be received and filed. REIMBURSEMENT OF PARK DEVELOPMENT FEES - ROBERTSON HOMES, DEVELOPER - INDIAN CREEK PROJECT - TENTATIVE TRACT 12896 - STATE COLLEGE AREA In a memorandum dated May 23, 1988, Annie Ramos, Director of Parks, Recreation and Community Services, stated that Robertson Homes, the successor to Pacer Uni- versity Associates, the developer of Indian Creek, Ten- . 49 6/20/88 . tative Tract 12896, in the State College area, requested reimbursement of $31,750 in Park Development Fees. This request was predicated upon an agreement between the City, the Redevelopment Agency and the developer to accept dedicated landscape improvements in lieu of fees. (54) Acting City Administrator Robbins stated that dis- cussion is pending with the developer. Counc il Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the matter concerning reimbursement of Park Development Fees in the amount of $31,750 to Robertson Homes, developer of the Indian Creek Project, Tentative Tract No. 12896, be continued to the July 5, 1988, Regular Meeting. COUNCIL MEMBER MINOR RETURNED Council Member Minor returned to the Council Meeting and took his place at the Council Table. . ASSESSMENT DISTRICT 5861 - JULY BOND PAYMENT - ADVANCEMENT OF FUNDS In a memorandum dated June 9, 1988, Craig Graves, City Treasurer, provided background information regarding Assessment District 5861, which was formed to assist with the development of 200 homes on California and 16th Streets. He requested authorization to pay the July interest payment to the bondholders. (55) City Treasurer Graves and Ken Henderson, Director of Community Development, answered questions. Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the Director of Finance be authorized to advance $80,000 to the Debt Service Account of Assessment District No. 5861, to be refunded to the City at the completion of the pro- perty transactions. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. . GENERAL PLAN - VERDEMONT AREA - CLARIFICATION OF COUNCIL ACTION - DEVELOPMENT AND ADOPTION OF FINANCING AND IMPLEMENTATION PLAN In a memorandum dated June 15, 1988, Council Member Minor of the Fifth Ward requested that clarification be made regarding Council action taken May 23, 1988, during discussion of the General Plan, concerning a financing and implementation plan for development in the Verdemont Area. (S-2) 50 6/20/88 . The Council discussed the intent of the motion, and it was clarified that the purpose of the motion made on May 23, 1988, is to allow developers to process maps up to the point of issuance of the grading or building per- mit for their project. Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, that the Council action taken May 23, 1988, regarding the develop- ment and adoption of a financing and implementation plan for the Verdemont Area, be clarified as follows: That the Director of Community Development be instructed to coordinate the development and adoption by the Mayor and Common Council of a financing and implemen- tation plan for the following improvements in the area bounded by Little League Drive on the west, the alignment of Cable Canyon Creek on the south, Devil's Canyon Creek on the east and the National Forest boundary on the north: . 1. Palm Avenue Box Culvert 2. Bailey Canyon Storm Drain and Debris Basin 3. Chestnut Street Storm Drain and Debris Basin 4. Traffic Signal at Palm Avenue and Kendall Drive 5. Installation of Curbs and Gutters, along with Full Street Improvements at the Following Locations: a. Palm Avenue - from Kendall Drive to Ohio Street b. Irvington Avenue - from Chestnut Street to pine Avenue c. Belmont Street - from Chestnut to pine Avenue d. Pine Avenue - from Belmont Avenue to Ohio Street; That all departments be cooperation to the Director of the development of said plan, months has been set by motion Council; instructed to give full Community Development in as a time frame of six of the Mayor and Common That the Planning Department be instructed to con- tinue the process ing of appl ica tions for sing Ie family developments on 10,800 square foot or larger lots within the area described above; and that approval of any appli- cation for development in the area be conditioned upon . 51 6/20/88 . the participation of the developer and property owner, as appropriate, in the development of the financing plan for the improvements noted above, and their agreement to pay their proportionate share of said improvements; Except for minor additions and improvements on existing residential, that the Director of Building & Safety and the Ci ty Eng ineer be instructed not to issue building or grading permits within the aforementioned area until further notice from the Mayor and Common Co un- c il, or until the adoption of the public improvement plan, whichever is first. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 8.913 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE PROHIBITION OF THE SALE AND BRANDISHING OF REPLICA OR FAC- SIMILE FIREARMS. (S-3) Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that said ordinance be continued to the Regular Meeting of the Mayor and Common Council to be held Tuesday, July 18, 1988. . CIVIC CENTER PLAZA, MEADOWBROOK - COURT AND "E" STREETS - CENTRAL CITY PROJECT AREA - SETTING OF PUBLIC HEARING - SALE OF PROPERTY In a memorandum dated June 14, 1988, Glenda Saul, Execut i ve Di rector of the Redevel opmen t Agency, sta ted that in order to facilitate development of the southeast corner of Court and "E" Streets, adjacent to the Civic Center Plaza and Exhibit Hall, maximum utilization of available land is necessary to provide adequate parking. The report stated that approximately 281313 square feet could be added to the 1. 97 acre parcel by processing a lot line adjustment. (R-9) She further expressed the need to have the Plaza areas dedicated to the City by resolution of the Commun- ity Development Commission, which requires that public hearings be held. Counc i 1 Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that a joint public hearing of the Mayor and Common Council and the Redevelopment Agency, be set for 11:1313 a.m., Tuesday, July 5, 1988, to consider the sale of certain real pro- perty owned by the Redevelopment Agency wi th in the Cen- tral City Project Area to the City of San Bernardino. . 52 6/213/88 . RECESS MEET ING At 7:00 p.m., the meeting recessed for a short break. RECONVENE MEETING At 7: 10 p.m., Mayor wilcox 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 wi th the fall owing being pre- sent: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Assistant City Attorney Brue, City Clerk Clark, Acting City Admini- strator Robbins. Absent: None. . JOINT PUBLIC HEARING - CITY OF SAN BERNARDINO AND COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - SAN BERNARDINO COUNTY SCHOOLS - SALE OF PROPERTY - SIXTH AND "D" STREETS This is the time and place set for a joint pUblic hearing between the City of San Bernardino and the Com- munity Development Commission/Redevelopment Agency, con- cerning the sale of Parcel 4, Tentative Parcel Map 9293, located near the intersection of Sixth and "D" Streets to the San Bernardino County Board of Education. (R-15a) Chairman wilcox opened the hearing. RES. 88-219 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE SALE OF THAT CERTAIN PARCEL OF PROPERTY IDENTIFIED AS PARCEL 4 OF TENTATIVE PARCEL MAP NO. 9293 LOCATED NEAR THE INTERSECTION OF 6TH AND "D" STREET, BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO TO THE SAN BERNARDINO COUNTY BOARD OF EDUCATION. (R-15a) City Clerk Clark read the title of the resolution. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the hearing be closed. Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. . 53 6/20/88 . Resolution No. 88-219 was vo te: Ayes: Counc il Members Maudsley, Minor, Pope-Ludlam, Absent: None. adopted by the following Estrada, Reilly, Flores, Miller. Noes: None. RES. 88-220 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO RELATING TO CODE ENFORCEMENT. (R-16) City Clerk Clark read the title of the resolution. Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. Resolution No. 88-220 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: Council Member Estrada. Absent: None. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. . A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZ ING THE EXECUT ION OF A FIRST AMEND- MENT TO LEASE AGREEMENT WITH THE REDEVELOP- MENT AGENCY OF THE CITY OF SAN BERNARDINO RELATING TO THE LEASE OF SPACE IN CITY HALL, AND REPEALING RESOLUTION NO. 87-442. (RS-3) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be continued to the July 5, 1988, meeting of the Mayor and Common Council. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meet- ing and took her place at the Council Table. COUNCIL MEMBER MAUDSLEY EXCUSED Council Member Maudsley left the Council Meeting. RECESS MEETING - CLOSED SESSION At 8:43 p.m., Council Member Miller made a motion, seconded by Council Member Flores and unanimously car- ried, that the Common Council recess to Closed Session under the following Government Code Sections: . 54 6/20/88 . 54956.9(b) (1), to confer pending litigation, as there litigation; with its attorney regarding is significant exposure to (64 ) 54956.9 (c), to confer with its attorney regarding pending litigation, so that the Council may decide whether to initiate litigation; (65) 59456.9(a), to confer with its attorney regarding pending litigation which has been initiated formally and to which the City is a party as follows: (66 & S-4) City of San Bernardino vs. California Construction Management, Inc., et al - San Bernardino Superior Court Case No. 238755; Saldecke, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 236836; Cable Lake Associates vs. City of San Bernardino - San Bernardino Superior Court Case No. 238714 and Case No. 239649; . City of Club, Inc. 239193; San Bernardino vs. San Bernardino Baseball San Bernardino Superior Court Case No. Galindo, et al vs. City of San Bernardino - San Bernardino Superior Court Case No. 239959; Bair vs. City of San Bernardino - San Bernardino Superior Court Case No. 237293; Stubblefield Construction Company, et al vs. City of San Bernardino - San Bernardino Superior Court Case No. 232998; Barratt, Inv., vs. City of San Bernardino - San Bernardino Superior Court Case No. 222765; Highland Hills Homeowners Association vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 241464; Fontana Paving vs. 385 Mill Street, et al - San Bernardino Municipal Court (Central) Case No. 111614; Traffic Control Service vs. City of San Bernardino - San Bernardino Municipal Court (East Valley) Case No. CRE 13365. . 55 6/23/88 . CLOSED SESSION At 8:43 p.m., Mayor wilcox called the Closed Session to order in the Conference Room of the Council Chambers, City Hall, 31313 North "D" Street, San Bernardino, Cali- fornia. ROLL CALL Roll Call was taken wi th the following being pre- sent: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, Acting City Administrator Robbins. Absent: City Clerk Clark. Ai so present were: John Hoeger, Specialist and Lorraine Velarde, Operations the Redevelopment Agency. Development Manager, of JOHN HOEGER AND LORRAINE VELARDE EXCUSED At 8:55 p.m., John Hoeger, Development and Lorraine Velarde, Operations Manager, of velopment Agency, left the Closed Session. Specialist the Rede- CITY CLERK CLARK ARRIVED At 9:1313 p.m., City Clerk Clark arrived at the Closed Session. . ADJOURN CLOSED SESSION At 9:16 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino being held in the Council Chambers of City Hall, 31313 North "D" Street, San Bernardino, Cali- fornia. RECONVENE MEETING At 9:16 p.m., Mayor wilcox called the Regular Meet- ing to order in the Council Chambers of City Hall, 31313 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by Ci ty Clerk Clark wi th the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; Senior Assistant City Attorney Barlow, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Member Pope-Ludlam. . 56 6/213/88 . ADJOURN MEETING At 9:16 p.m., Council Member Flores made a motion, seconded by Council Member Miller and unanimously car- ried, that the meeting be adjourned to the Regular Meet- ing of the Mayor and Common Council of the City of San Bernardino at 9:00 a.m., Tuesday, July 5, 1988, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. (67) f~uY7/?/~b ~ City Clerk No. of Hours: 11 No. of Items: 80 . . 57 6/20/88