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HomeMy WebLinkAbout07-18-1988 Minutes . . . --- . . 'I' ......~,c- City of San Bernardino, California July 18, 1988 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Wilcox at 9:133 a.m., on Monday, July 18, 1988, in the Counci 1 Chambers of Ci ty Hall, 31313 North "0" Street, San Bernardino, California. INVOCATION The Invocation was given by Dr. Thomas W. Hardick, Senior Pastor, Central Christian Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tempore Minor. 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; Deputy City Attorney Wilson, City Clerk Clark, Acting City Ad- ministrator Robbins. Absent: Council Member Pope-Ludlam. PROCLAMATION - PAT REGAN - SAN BERNARDINO GRAND PRIX Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Ber- nardino in support of the San Bernardino Grand Prix which will be held in October, 1988. (A) Pat Regan, Marketing Representative of Tri City Velo- drome Sports Organization was present to accept the proc- lamation. PRESENTATION - SERVICE AWARDS Mayor wilcox presented several employees with service pins for their years of service with the City. (A) APPOINTMENTS There were no appointments. (B) OTHER BOARD/COMMISSION APPOINTMENTS There were no other Board/Commission appointments. (C) PUBLIC COMMENTS - COMMON LAW Francia Whi te, 231 "E" 9th history of the Common Law of the her freedom of speech under those Street, State of rights. spoke giving a Cal i fornia and (D) 1 7/18/88 . PUBLIC COMMENTS - NUISANCE - SOUTHERN PACIFIC RAILROAD Jack Pearlman, 2359 S. Gardena, expressed concern about the noise and pollution in his neighborhood, caused by the Southern Pacific Railroad. He stated that the engines are running 24 hours a day, 7 days a week. (D) Deputy City Attorney Wilson answered questions, stating that Mr. Pearlman should address his complaints to the Public Utilities Commission and that he will research to see if the City has any recourse against the engines being left constantly running and causing pollution. PUBLIC COMMENTS - THE SWORD A citizen identifying himself as the Sword, Comman- der-in-Chief of the House of Ying, spoke against the awarding of service pins to the City employees. He sug- gested that the City give the Police Department a raise instead. (D) CITY ATTORNEY PENMAN ARRIVED At 9:28 a.m., City Attorney Penman arrived at the Council Meeting, and replaced Deputy City Attorney Wilson. . The Sword, Commander-in-Chief of the House of Ying, announced his candidacy for the position of Mayor of the City of San Bernardino. He stated his intent to read from scripture for thirty minutes at the next Council Meeting, regardless of the five-minute limitation of comments from the general public. He stated he will speak until he is finished or arrested. COUNCIL MEMBER POPE-LUDLAM ARRIVED At 9:37 a.m., Council Member Pope-Ludlam arrived at the Council Meeting and took her place at the Council Table. MEADOWBROOK AMATEUR BOXING ACADEMY - AUTHORIZE APPROPRIATION FROM SPECIAL PROJECTS ACCOUNT In a memorandum dated July 6, 1988, Annie Ramos, Director of Parks, Recreation & Community Services, stated that continuing funding in the amount of $1,131313 is being proposed to assist the Meadowbrook Amateur Boxing Academy Inc. The academy leases a City facility and the $1,131313 appropriation will be used to cover operational costs such as administrative expenses, traveling expenses and insur- ance. (2) . 2 7/18/88 . City Attorney Penman answered questions, stating that the academy has been unable to attain insurance. Council Member Flores made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the request to authorize the appropriation of $1,000 from the Special Projects Account to Non-Departmental Account No. 001-091-53030 to support the Meadowbrook Amateur Box- ing Academy, be continued to August 15, 1988, in the Coun- cil Chambers of City Hall, 300 North "D" Street, San Ber- nardino, California. APPROVE COUNCIL MINUTES - MAY 18, 1988 - JUNE 9, 1988 - JULY 5, 1988 - JULY 7, 1988 - JULY 8, 1988 - JULY 11, 1988 Council Member Pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that the minutes of the meetings of the Mayor and Common Council of the City of San Bernardino held on May 18, 1988, June 9, 1988, July 5, 1988, July 7, 1988, July 8, 1988, and July 11, 1988, be approved as submitted in typewritten form. (1) . STREET NAME CHANGE - BRIER DRIVE TO JOE BRIER DRIVE In a memorandum dated June 23, 1988, Roger Hardgrave, Director of Public Works/City Engineer, stated that a request had been received from the Redevelopment Agency, to change the name of Brier Drive, between Carnegie Drive and Tippecanoe Avenue, to Joe Br ier Dr i ve. There were numerous businesses that opposed the proposal due to the costs of reprinting stationery, envelopes, and other office supplies that bear the businesses' addresses. (3) Council Member Pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that pro- ceedings on the proposed street name change of Brier Drive to Joe Br ier Dr i ve be closed, and the request to rename the street be denied. . STREET VACATION - PORTION OF "I" ST., NORTHWEST OF INLAND CENTER DRIVE - FINDING OF NEED FOR HEALTH AND SAFETY REASONS In a memorandum dated June 23, 1988, Roger Hardgrave, Director of Pub 1 ic Works/Ci ty Eng ineer, stated that the alley proposed for vacation located northeast of "I" Street, northwest of Inland Center Drive, Plan No. 7426, is an unimproved alley and a potential hazard due to the lack of maintenance and proper policing. (4) 3 7/18/88 '\" . Council Member Pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that a finding be made that the vacation of a portion of that certain alley northeast of "I" Street, northwest of Inland Center Drive, is needed for health and safety reasons. STREET VACATION - PORTION OF MEYERS ROAD, WEST OF LITTLE LEAGUE DRIVE - FINDING OF NEED FOR HEALTH AND SAFETY REASONS In a memorandum dated June 22, 1988, Roger Hardgrave, Director of Public Works/City Engineer, presented back- ground information regarding the proposed street vacation of old Meyers Road, Plan No. 7090. It was stated that the al ignment of old Meyers Road is not in accordance wi th current standards and would be too expensive to bring to an acceptable level. The road as it currently exists, is narrow and winding with substantial deterioration of asphalt in numerous places. (5) Council Member Pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that a finding be made that the vacation of a portion of Meyers Road, west of Little League Drive, is needed for health and safety reasons. . INSURANCE - SPECIAL EVENTS COVERAGE PROGRAM In a memorandum dated July 8, 1988, John Kirwan, Director of Risk Management presented a Special Event Liability Insurance Program. The program is specifically tailored to provide general liability insurance for individuals, groups, organizations, and associations when they rent City properties and facilities to conduct events. (6) Council Member Pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that the Mayor and Common Council approve the purchase of a Special Events Liability POlicy for the tenants and users of City property. . SET PUBLIC HEARING - FEE CHARGES - USE OF PARKS AND RECREATION FACILITIES Pursuant to a memorandum dated July 8, 1988, from Annie Ramos, Director of Parks, Recreation and Community Services, Council Member Pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that a public hearing relative to proposed fee charges for use of Parks and Recreation facilities be set for 9:30 a.m., August 15, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (7) 4 7/18/88 1-- , . SET HEARING - APPEAL - BOARD OF BUILDING COMMISSIONERS' DECISION - DEMOLITION - 1650 NORTH "J" STREET - NELSON KRUGER In a letter, dated July 6, 1988, Nelson Kruger appealed the order of abatement of a publ ic nUl sa nee located at 1650 North "J" Street, as he intends to bring the property up to code within the next few months. (8 ) Council Member Pope-Ludlam made a motion, seconded by Counci 1 Member Flores and unan imous ly carr ied, that the appeal filed by Nelson Kruger on the Board of Building Commissioner's decision to order the abatement of a public nuisance at 1650 North "J" Street, be set for hearing on August 15, 1988, at 10:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . SET HEARING - APPEAL - BOARD OF BUILDING COMMISSIONERS' ORDER OF ABATEMENT - 1199 W. BELLEVIEW - FELIPE B. MARTINEZ In a letter dated July 6, 1988, Felipe B. Martinez, 1199 W. Belleview, appealed the Board of Building Commis- sioners' decision to order the abatement of property located at 1199 W. Be11eview, as the property is to go into escrow and be sold "as is". (9) Counc i 1 Member Pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that the appeal filed by Felipe B. Martinez on the Board of Building Commissioner's decision to order the abatement of a public nuisance at 1199 W. Belleview, be set for hearing on August 15, 1988, at 10:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Cal ifornia. APPROVE BOARD OF BUILDING COMMISSIONERS' RESOLUTIONS Council Member Pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that the following Board of Building Commissioners' resolutions be filed: (10) BBC 1211 BBC 1212 BBC 1213 BBC 1214 Gerald & Rita Inman David Hatfield James palmieri L.D. Gustafson 625 S. Mt. View 5055 David Way 230 E. Dumas St. 1575 Citrus . 5 7/18/88 . CLAIMS AND PAYROLL In a memorandum dated June 29, 1988, Andrew M. Green, Acting Director of Finance, set forth the register of demands dated June 23, 1988, and June 27, 1988, and the total gross payroll for the period June 6, 1988, through June 19, 1988. (11) Council Member Pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that the claims and payroll listed in the memorandum dated June 23, 1988, from Andrew M. Green, Acting Director of Finance, be approved. PERSONNEL ACTIONS In a memorandum dated July 5, 1988, Gordon Johnson, Director of Personnel, submitted personnel actions in accordance with all administrative regulations of the City of San Bernardino. (12) . Council Member Pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that with the exception of the last page, dated July 7, 1988, con- cerning Building and Safety Department appointments, the Personnel Actions submitted by the Director of Personnel, in his memorandum dated July 5, 1988, be approved. (See Page 46 ) APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER OF ABATEMENT - 1558 N. COLORADO STREET - COLERIDGE BROWNE This is the time and place set for an appeal hearing requested by COleridge Browne, owner of property located at 1558 N. Colorado Street, concerning the order of abate- ment of the property, made by the Board of Building Com- missioners. (13) Mayor wilcox opened the hearing. Mark Sutton, Director of Building & Safety, provided a history and pictures of public nuisances on the pro- perty. The pictures were taken on the morning of July 18, 1988, and showed an accumulation of debris on the pro- perty. He answered questions, stating that the property was occupied. He pointed out an amendment made to his staff report dated July 12, 1988, which noted that administra- tion fees of $268.78 had been paid as of May, 1988, and the total fees now due regarding the property are $327.56. He stated that the appeal was based upon the charges due. . 6 7/18/88 r . Sharon Brown, a spokesperson for Neighborhood Watch in California Gardens, complained about the condition of this piece of property and others owned by Mr. Coleridge Browne at 1556 and 1380 N. Colorado Street with regard to rodents and debris. She requested that he take neighbor- ing residents into consideration when renting out his properties. Coleridge Browne, appellant, stated that the fees charged by the City are excessive. He has attempted to keep the property cleaned up since he moved out of town approximately 18 months ago. When he lived there, he ran an appliance repair business out of a workshop in the garage and people continue to drop off old appliances, thinking he is still in business. He stated he feels he is being harassed. He answered questions, debr is is from his tenants, requirements to abide by. stating that some of the who are given the Section 8 The Director of Building & Safety answered questions regarding the pictures of the property. . Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that the hearing be closed; that the Board of Building Commission- er's decision to have the property liened for costs in- curred of $327.56, be affirmed. PUBLIC HEARING - PROGRAM EXPANSION PROPOSAL - FEE ADJUSTMENTS - PLANNING DEPARTMENT Council Member Minor made a motion, seconded by Coun- cil Member Maudsley and unanimously carried, that the public hearing concerning a program expansion proposal and fee adjustments for the Planning Department, be continued to August 1, 1988, at 9:30 a.m. in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, Cali- fornia. (14) PUBLIC HEARING - PROGRAM EXPANSION PROPOSAL - FEE ADJUSTMENTS - PUBLIC WORKS DEPARTMENT Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the public hearing concerning a program expansion proposal and fee adj ustments for the Publ ic Works Department, be con- tinued to August 1, 1988, at 9:30 a.m. in the Council Chambers of City Hall, 300 North "0" Street, San Bernar- dino, California. (15) . 7 7/18/88 . READING AND WAIVING OF RESOLUTIONS ON REGULAR AND SUPPLEMENTAL AGENDAS Shauna Clark, ci ty Clerk, read the ti tles of all of the resolutions on the Regular and Supplemental Agendas. Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that further reading of the resolutions be waived. APPEAL HEARING - REMOVAL OF TREES - 696 S. TIPPECANOE AVENUE - WILLIAM D. LAMBERTH This is the time and place set for an appeal hearing, requested by William D. Lamberth, concerning the removal of eight Chinaberry trees located in the City right-of-way at 696 S. Tippecanoe Avenue, as requested by the Uni ted States Air Force to alleviate a sight obstruction. (16) In July, 1985, Tree Removal Permit No. 3-85 was issued to the United States Air Force, Norton Base, for removal of the trees as requested to enable the construc- tion of a light tower for the safety of aircraft. Con- struction of the tower was not started by the U. S. Air Force, and the permit became invalid. . On April 29, 1988, a request was received from the U. S. Air Force for a permi t to remove the trees, as they present a visual navigation hazard for aircraft. Tree Removal Permit No. 1-88 was issued May 12, 1988. In a letter dated May 25, 1988, Oland Klein, Main- tenance Supervisor/Street Trees, notified Manuel Moreno, Jr., Director of Public Services, that he had been advised that the administrator of the property at 696 S. Tippe- canoe Avenue obj ects to the removal of trees on the pro- perty. He stated that he had verified with the City's Real Property Specialist that the trees are located in the City's right-ot-way. In a letter dated May 26, 1988, the Director of Pub- lic Serv ices noti f ied the admini stra tor of the property, Mr. Lamberth, of his appeal rights concerning the removal of the trees. In a letter dated June 1, 1988, William D. Lamberth, administrator of the estate of his mother, Bessie Lam- berth, protested the removal of the trees. He stated that they provided little, if any, visual navigational hazard for aircraft, that their removal could increase the pos- sibility of aircraft striking the power lines which are in . 8 7/18/88 . close proximity of the trees, that they serve as a buffer for the brightness of the navigational lights for the neighboring properties, that he could find no recorded public right-of-way or easement for the property, and that the property's value has already decreased due to the noise and zoning restrictions. Mayor wilcox opened the hearing. will iam D. Lamberth, the executor of his mother's estate which includes the property at 696 S. Tippecanoe Avenue, reiterated the reasons listed in his letter of June 1, 1988, for his appeal against the removal of the trees. He stated the property is not in a vacant neigh- borhood, as his sister lives at 717 S. Tippecanoe. He provided pictures of the trees. . Tom Calhoun, representing the United States Air Force as a Community Planner and Contract Programmer, answered questions, describing the plan of action of the Air Force to reduce risk of accidents in the area. He stated that the safety factors and risk assessments have shown the need for a clear approach, with no obstruction of the approach lights. Plans have been made to remove the electr ical util i ty poles from the approach fl ight clear- ance band. Mr. Lamberth suggested that the trees could be re- moved when the utility poles are moved. Mr. Calhoun described the visual obstruction of the last two light bars by the trees, and the need for full clearance for pilots operating in marginal weather con- ditions. He answered questions, stating that the study was conducted by pilots. Mr. Lamberth answered questions, stating that the trees set back eight feet from the edge of the street. In reviewing the title of the property, he found no easement on the east side. City Attorney Penman answered questions regarding the City's liability in this matter as notification has been made by the Air Force of the accident potential caused by the trees. Council Member Minor made a motion, seconded by Coun- cil Member Reilly and unanimously carried, that the hear- ing be closed. . 9 7/18/88 . City Attorney Penman answered questions, stating that the Mayor and Common Council have the right to authorize the removal of the trees. Mr. Lamberth has the right to take the matter to the courts to challenge the City's authority, and to try to prove that the safety hazard does not exist. Council Member Flores made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the appeal be denied, and that authorization be given to issue permits to remove the trees. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. PROTEST HEARING - STREET VACATION - PORTIONS OF OLIVE AVENUE, OHIO AVENUE AND PINE AVENUE This is the time and place set for a protest hearing concerning the vacation of portions of Olive Avenue, north of Ohio Avenue; Ohio Avenue, between Olive Avenue and Pine Avenue; and pine Avenue, north of Belmont Avenue, in order to bring the street widths to 60 feet and into conformance with the Verdemont Area Plan. (17) . Mayor wilcox opened the hearing. City Clerk Clark answered questions regarding public notice of the protest hearing. No protests have been filed. RES. 88-250 - A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OR PORTIONS OF THE EAST SIDE OF OLIVE AVENUE NORTH OF OHIO AVENUE, THE NORTH AND SOUTH SIDES 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. (17) Council Member Minor made a motion, seconded by Coun- cil Member Miller and unanimously carried, that the hear- ing be closed and the Findings of Fact as set forth in the Staff Report from Roger Hardgrave, Director of Public Works/Ci ty Eng ineer, as to why portions of 01 i ve Avenue north of ohio Avenue, Ohio Avenue between Olive Avenue and pine Avenue, and pine Avenue north of Belmont Avenue are no longer necessary for street purposes, be adopted; and that said resolution be adopted. . 10 7/18/88 . Resolution No. 88-250 was vote: Ayes: Counc il Members Maudsley, Minor, Miller. Noes: Member Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, None. Absen t: Counc il COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned Meeting and took her place at the Council to the Counc i 1 Table. MOMENT OF SILENCE - PENNY COLE Mayor Wilcox announced that Penny Cole, the wife of Richard Cole, Planning Commissioner, had passed away. The Mayor and Common Council observed a moment of silence in memory of Penny Cole, who was active in civic affairs. Council Member Flores made a motion, seconded by Council Member Reilly, that the following resolutions be adopted: . RES. 88-251 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND OMEGA CLAIMS SERVICES, INC., RELATING TO SURVEY OF WORKER'S COMPEN- SATION PROCEDURES AND RECOMMENDATIONS FOR IMPROVEMENT OF SUCH PROCEDURES. (18) Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the agreement of Omega Claims Services, Inc. for an audit and survey of Workers' Compensation procedures and recommenda- tions, not exceed the sum of $3,000. RES. 88-252 - 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 BRENDA JO RICE. (19) RES. 88-253 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND EASTER SEAL SOCIETY AND INLAND AREA HEAD INJURY SUPPORT GROUP. (21) . 11 7/18/88 ,. . RES. 88-254 - 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 BETHLEHEM HOUSE (BATTERED WOMEN'S SHELTER). (22) Resolution Nos. 88-251, 88-252, 88-253 and 88-254 were adopted by the following vote: Ayes: Council Mem- bers Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. LEASE OF CITY PROPERTY - YWCA - SUBLEASE OF PROPERTY BY THE YWCA TO TEDDY BEAR TYMES CHILD CARE CENTER, INC. 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 TEDDY BEAR TYMES CHILD CARE CENTER, INC. (20) . James Penman, City Attorney, explained the background of a lease agreement between the City and the YWCA, which was later discovered to have not been signed by the YWCA. The YWCA subleased a portion of the City-owned facility to Teddy Bear Tymes Child Care Center, Inc. He stated that the YWCA has decl ined to sign a new lease agreement wi th the City, which means they are occupying the building wi thout author i ty and the sublease wi th Teddy Bear Tymes Child Care, Inc. is invalid. Shauna Clark, City Clerk, answered questions, stating that research is being conducted to assure there are no further unsigned agreements on file. She suggested that the City Attorney add wordage to agreements to make them null and void if not signed wi thin three months after approval by Mayor and Common Council. She further stated that the sublease by Teddy Bear Tymes Child Care, Inc. is a separate issue from the lease with the YWCA. Discussion ensued regarding the separate entities of the YWCA and Teddy Bear Tymes Child Care, Inc. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. . 12 7/18/88 1- r . Ken Henderson, Director of Community Development, answered questions regarding serVices offered by Teddy Bear Tymes Chi ld Care, Inc. and the use of the requested grant funding. He explained regulations and restrictions under which the child care facility operates. Council Member Miller Council Member Minor, that resolution of the lease with made a motion, seconded by the grant be continued until the YWCA. The motion Council Members Council Members Pope-Ludlam. carried by the Estrada, Flores, Reilly, Maudsley. following vote: Minor, Miller. Absent: Council Ayes: Noes: Member RECESS MEETING At 10:58 a.m., Mayor wilcox called for a five-minute recess of the meeting. RECONVENE MEETING At 11: 10 a.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 by Ci ty Clerk Clark with 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. PRESENTATION - VETERANS' OF FOREIGN WARS - CERTIFICATE OF APPRECIATION - POLICE CHIEF DONALD BURNETT Dan Kalish and Russell Covington of VFW Post 8737 presented Donald Burnett, Chief of Police, with a Certi- ficate of Appreciation in recognition of him being an outstanding law enforcement officer. (A) Chief Burnett was present to accept the certificate and thanked the personnel of the Pol ice Department for their service. . 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 "D" Street, San Bernardino, California. (See Page 3g 13 7/18/88 . PUBLIC COMMENTS - BATTERED WOMEN AND THE HOMELESS Susan Smith, a social worker, spoke regarding ser- vices for battered women and the homeless in the City. (R-A) RES. 88-255 - A 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 PLANNING SERVICES. (R-10) City Clerk Clark read the title of the resolution. Council Member Flores made a motion, seconded by Council Member Estrada, that further reading of the reso- lution be waived and that said resolution be adopted. Resolution No. 88-255 was vote: Ayes: Council Members Maudsley, Minor, Mi ller. Noes: Member Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, None. Absen t: Counc i 1 . RES. 88-256 - A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO LEASE AGREEMENT WITH THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO RELATING TO THE LEASE OF SPACE IN CITY HALL, AND REPEALING RESOLUTION NO. 87- 442. (R-lla) City Clerk Clark read the title of the resolution. Senior Assistant City Attorney Barlow answered ques- tions, stating that the agreement can be amended at a later date. Council Member Estrada made a motion, seconded by Council Member Flores, that further reading of the reso- lution be waived and that said resolution be adopted. Resolution No. 88-255 was vote: Ayes: Council Members Maudsley, Minor, Miller. Noes: Member Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, None. Absent: Council Council Member Flores made a motion, seconded by Council Member Miller, that the following resolutions be adopted: . 14 7/18/88 . RES. 88-257 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PROVISIONAL EDUCATIONAL SERVICES, INC., (PROJECT EARLY OUTREACH). (23) RES. 88-258 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HIGHLAND DISTRICT COUNCIL ON AGING,INC., (SENIOR PROGRAM). (24) RES. 88-259 - 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 NEIGHBOR- HOOD HOUSING SERVICES (NHS). (25) . RES. 88-260 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BOYS AND GIRLS CLUB OF SAN BERNARDINO. (26) RES. 88-261 - RESOLUT ION OF THE CITY OF BERNARDINO APPROVING THE DESTRUCTION OF TAIN RECORDS BY THE CITY CLERK'S OFFICE. SAN CER- (27) RES. 88-262 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING A LIEN ON A CERTAIN PAR- CEL OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATE- MENT OF A PUBLIC NUISANCE. (630 N. MT. VER- NON). (28) Resolution Nos. 88-257, 88-258, 88-259, 88-260, 88-261 and 88-262 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO CIVIC LIGHT OPERA ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE. (30) . 15 7/18/88 r . Discussion ensued regarding the amount of the funding to the Civic Light Opera needs to be amended to $20,000, instead of $14,000 as reflected in the present agreement. Council Member Flores made a motion, seconded by Council Member Reilly, that said resolution be adopted as amended by changing the amount of the funding to $20,000 instead of $14,000. The resolution was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. (This resolution was later reconsidered and continued - See Page 17) Council Member Flores made a motion, seconded by Council Member Reilly, that the following resolutions be adopted: . RES. 88-263 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 88-88 AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO MAKE APPLICATION FOR AND ACCEPT A GRANT FROM "ACTION" IN THE AMOUNT OF $179,488 FOR THE SENIOR COMPANION PROGRAM FOR THE PERIOD OF JULY 1, 1988 THROUGH JUNE 30, 1989. (31) RES. 88-264 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO BRENTON LEE RHOADES FOR CONSTRUCTION OF A STORM DRAIN IN NORTH PARK BOULEVARD BETWEEN MAYFIELD AVENUE AND ELECTRIC AVENUE. (32) RES. 88-265 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1988-89 ASSESSMENT ROLL FOR THE 1984-1 IMPROVEMENT PROJECT UNDER CHAPTER 27 OF THE IMPROVEMENT ACT OF 1911. (33) RES. 88-266 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1988-89 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 965, FOR THE IMPROVEMENT OF LASSEN STREET, NORTH OF BASE- LINE STREET IN THE CITY OF SAN BERNARDINO. (34) RES. 88-267 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1988-89 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 966, FOR THE IMPROVEMENT OF DALEY CANYON ROAD, EASTERLY OF CHIQUITA LANE IN THE CITY OF SAN BERNARDINO. (35) . 16 7/18/88 . Resolution Nos. 88-263, 88-264, 88-265, 88-266 and 88-267 were ado~ted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. RECONSIDERATION OF RESOLUTION - AGREEMENT - SAN BERNARDINO CIVIC LIGHT OPERA ASSOCIATION Council Member Estrada made a motion, seconded by Counc il Member Miller and unanimously carr ied, that the resolution concerning an agreement with the San Bernardino Civic Light Opera Association, be reconsidered. (See Page 15) (313) The Mayor and Common Council noted that the Fine Arts Commission minutes reflect that the proposed funding is to be repaid to the Ci ty. The proposed agreement for the funding makes no mention of repayment of the funds. Council Member Minor made a motion, seconded by Coun- cil Member Estrada and unanimously carried, that the reso- lution regarding funding to the Civic Light Opera be con- tinued to later in the meeting. (See Page 43) . Council Member Flores made a motion, seconded by Council Member Miller, that the following resolutions be adopted: RES. 88-268 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUB- DIVISION TRACT NO. 13389, LOCATED APPROXI- MATELY 16513 FEET SOUTH OF THE CENTER LINE OF MILL STREET AND EAST SIDE OF MERIDIAN AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVE- MENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (36) RES. 88-269 - RESOLUT ION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUB- DIVISION TRACT NO. 12974, LOCATED APPROXI- MATELY 16513 FEET SOUTH OF THE CENTER LINE OF MILL STREET AND EAST SIDE OF MERIDIAN AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVE- MENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (37) . 17 7/18/88 . RES. 88-270 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PIPELINE LICENSE AGREEMENT WITH ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY RELATING TO THE RELIEF SEWER IN MILL STREET EAST OF LYTLE CREEK. (38) RES. 88-271 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZ ING THE EXECUTION OF AN AGREEMENT WITH MOFFATT & NICHOL, ENGINEERS RELATING TO THE ENGINEERING DESIGN OF WIDEN- ING OF SOUTH "E" STREET BRIDGE OVER THE SANTA ANA RIVER. (39) RES. 88-272 - RESOLUT ION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO HAAKER EQUIPMENT COMPANY FOR THE FURNISHING AND DELIVERY OF THE AUTOMATED REFUSE TRUCKS (3 EACH), IN ACCORDANCE WITH SPECIFICATION F-88-15. (40) Acting City Administrator Robbins answered questions regarding the use of the equipment. . RES. 88-273 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL, CITY OF SAN BERNARDINO, ACCEPTING A QUITCLAIM DEED FROM FORECAST MORTGAGE CORP., A CALIFORNIA CORPORATION FOR A PARCEL OF LAND AND DEDICATING SAID PARCEL FOR WATER DEPARTMENT USE. (41) Resolution Nos. 88-268, 88-269, 88-270, 88-271, 88-272 and 88-273 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. RES. 88-274 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL, CITY OF SAN BERNARDINO, APPROVING A QUITCLAIM DEED TO THREE COUNTY PROPERTIES, LTD. FOR THE EASEMENT RIGHTS FOR PIPELINES AND RIGHT-OF-WAYS INSOFAR AS SAID EASEMENTS AFFECT ASSESSORS PARCEL NUMBER 261-141-004. (42) Bernie Kersey, Director of Administration & Finance for the Water Department, answered questions regarding the township of Irvington now being within the City limits of San Bernardino. The deed contains the verbage used in the original deed dated 1883. . 18 7/18/88 . Council Member Flores made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 88-274 was vote: Ayes: Council Members Maudsley, Minor, Miller. Noes: Member Pope-Ludlam. adopted by the fOllowing Estrada, Reilly, Flores, None. Absent: Council ORDINANCE OF THE CITY OF SAN BERNARDINO ADD- ING CHAPTER 8.90 TO THE SAN BERNARDINO MUNI- CIPAL CODE RELATING TO THE PROHIBITION OF THE SALE OF BRANDISHING OF REPLICA OR FACSIMILE FIREARMS. (Continued from 6/20/88). (43) City Clerk Clark read the title of the ordinance. Council Member Flores made a motion, seconded by Counc il Member Miller and unanimously carr ied, that fur- ther reading of the ordinance be waived and that said ordinance be tabled until the State takes action in the matter. . ORDINANCE OF THE CITY OF SAN BERNARDINO RE- FIRST ZONING FOUR PARCELS OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECTION 190.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 88-2 LOCATED ON THE NORTHWEST CORNER OF VICTORIA AVENUE AND MARSHALL BOULEVARD), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (44) City Clerk Clark read the title of the ordinance. Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the ordinance be waived. Senior Assistant City Attorney Barlow answered ques- tions, stating that the amount of acreage listed in the ordinance is incorrect and should be omitted. Council Member Miller Council Member Reilly, that for final passage as amended acreage listed as 2,101. made a motion, seconded by said ordinance be laid over by deleting the amount of the . 19 7/18/88 . REIMBURSEMENT OF PARK DEVELOPMENT FEES - ROBERTSON HOMES - INDIAN CREEK PROJECT - TENTATIVE TRACT 12896 - CONTINUED FROM JULY 5, 1988 This is the time deration of approving ment Fees of $31,750 Indian Creek Project, State College area. and place continued the reimbursement of to Robertson Homes, Tentative Tract No. to for consi- Park Develop- developer of 12896 in the (45) Acting City Administrator Robbins answered questions, stating that the bond for the project has not yet been received. Council Member Minor made a motion, seconded by Coun- cil Member Reilly and unanimously carried, that the matter concerning the 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 con- tinued to the Regular Meeting of the Mayor and Common Council to be held August 1, 1988. COUNCIL MEMBERS REILLY AND FLORES EXCUSED Council Members Reilly and Flores left the Council Meeting. . GENERAL PLAN - INTERIM POLICY DOCUMENT - ESTABLISHMENT OF PROCEDURES FOR AMENDMENTS - CONTINUED FROM JULY 5, 1988 - LEGISLATIVE REVIEW COMMITTEE MINUTES This is the time and place continued to for consi- deration of establishing procedures for amending the Interim Policy Document which is in effect until the adoption of the revised General Plan. (46) Council Member Miller made a motion, seconded by Council Member Minor and unanimously carried, that the establishment of procedures for amending the Interim Policy Document be continued to the Regular Meeting of the Mayor and Common Council to be held August 1, 1988. (Re- considered later in the meeting - See Page 30) COUNCIL MEMBERS REILLY AND FLORES RETURNED Council Members Reilly and Flores returned Council Meeting and took their places at the Table. to the Council . 20 7/18/88 - F . CONDITIONAL USE PERMIT 88-4 - OPERATIONAL HOURS OF LIQUOR STORE - HIGHLAND AND PALM AVENUES - AMENDMENT OF COUNCIL ACTION OF JUNE 20, 1988 In a memorandum from City Clerk Clark, it was re- quested that the action taken at the June 20, 1988, meet- ing of the Mayor and Common Council concerning CUP 88-4 for a liquor store to be located at Highland and Palm Avenues, be amended. The operational hours for the store were approved as listed in a letter from John Lightburn, which contained a typographical error. (48) Council Member Minor made a motion, seconded by Coun- cil Member Miller and unanimously carried, that the action taken at the June 20, 1988, meeting of the Mayor and Com- mon Council of the City of San Bernardino, concerning CUP 88-4, be reconsidered. Council Member Minor made a motion, seconded by Coun- cil Member Miller and unanimously carried, that the operational hours of the liquor store located at Highland and Palm Avenues be amended to read: Monday-Thursday, from 7:00 a.m. to 11:00 p.m.; Friday, from 7:00 a.m. to 1:00 a.m.; Saturday, from 8:00 a.m. to 1:00 a.m.; Sunday, from 8:00 a.m. to 10:00 p.m. . WAYS AND MEANS COMMITTEE MEETING MINUTES - JULY 11, 1988 - COUNCIL MEMBER ESTRADA Council Member Estrada, Chairperson of the Ways and Means Committee, presented the minutes of their meeting held July 11, 1988, at which time the following items were discussed: (49) 1. Program Expansion Proposals and Fee Adjustments a. Fire The Committee recommended the proposal for adoption (attached). The notice for public hearing will be on the August 1, 1988, Agenda. The pUblic hearing will be set for September 6th. b. Street Sweeping - Item continued until October 2nd. A public survey will be con- ducted and resul ts will be prov ided to the Committee. c. Admission Tax - Item continued to August 22nd. Staff is to provide additional infor- mation to the Committee. . 21 7/18/88 c . d. Recreational Facilities - The Committee recommended approval of the proposal (attached). A public hearing will be set for the August 15, Council meeting. 2. City-owned Leased Property Report - Item continued to August 22nd. Staff is to pro- vide a more descriptive list of si tes with evaluation and recommendation to the Commit- tee on whether Ci ty should sell or reta in properties. A brief description with map location of each property is to be provided. Discussion ensued regarding including the YWCA pro- perties in the report described in Item 2. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the minutes of the Ways and Means Committee meeting held July 11, 1988, be received and filed. . POLICE BUILDING AD HOC COMMITTEE MEETING MINUTES - JULY 8, 1988 - COUNCIL MEMBER ESTRADA Council Member Estrada, Chairperson of the Police Building Ad Hoc Committee, presented the minutes of their meeting held July 8, 1988, at which time the following item was discussed: (50) 1. Preferred Land Sites The Committee recommended three sites for Consultant to review. Not necessarily in order of prece- dence, the sites were: Highland and Western Rialto and "F" Street "F" Street and Eighth Street The Commi ttee generally agreed on the Con- sultant's Statistical and Space Requirements Projections, as well as other agency require- ments. Public Works Department will provide the three si tes to the Consul tant and the next meeting will be called after this review and analysis is completed. . 22 7/18/88 . Council Member Estrada made a motion, seconded by Counc il Member Rei lly and unanimously carr ied, that the minutes of the Police Building Ad Hoc Committee meeting held July 8, 1988, be received and filed. CODE REVIEW AD HOC COMMITTEE MEETING MINUTES - JULY 14, 1988 - COUNCIL MEMBER REILLY Council Member Reilly, Chairman of the Code Review Ad Hoc Committee, presented the minutes of their meeting held July 14, 1988, at which time the following items were discussed: (51) . 1. Incentive Program The Committee recei ved reports from Bui Id ing and Safety, Public Works and Personnel Departments and determined that this i tern should be held in abeyance unti 1 a full rev iew of all ci ty departments and the cost impact can be deter- mined. Methods other than mer i t increases are to be considered. Non-monetary recogni- tion avenues are to be explored. Mr. Sutton was asked to review the possibility of uni- forms and badges for his code enforcement officers. He reported that clearly identi- fied code enforcement cars are already in the works. 2. Citation Authority - The Committee recom- mended approval of the proposed ordinance (attached). Building and Safety will place the ordinance on the August 1, 1988, Council Agenda with the Acting Ci ty Administrator I s approval. 3. L imi ted I ssuance of Permi ts - I tern con- tinued to a meeting to be set in early Sep- tember. 4. Property Maintenance The Committee recommended approval of the proposed ordi- nance (attached). Continuing review of code enforcement ordinances and resolutions is planned by Building and Safety Director. Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that the minutes of the Code Review Ad Hoc Committee meeting held July 14, 1988, be received and filed. . 23 7/18/88 . SAN BERNARDINO CIVIC LIGHT OPERA ASSOCIATION - INCREASE IN USAGE FEES FOR CALIFORNIA THEATRE - FINE ARTS COMMISSION RECOMMENDATION In a letter dated June 15, 1988, Thelma Press of the Mayor's Office, stated that the Fine Arts Commission recommends approval of a 15% fee increase requested by the San Bernardino Civic Light Opera Association for usage of the California Theatre. (52) Discussion ensued regarding the costs for running the Civic Light Opera. Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that consideration of a fee increase for use of the California Theatre as requested by the San Bernardino Civic Light Opera Association, be continued to the August 1, 1988, meeting of the Mayor and Common Council. RECESS MEETING At 11:55 a.m., Mayor wilcox called for a recess of the Regular Meeting until 2:00 p.m. . RECONVENE MEETING At 2:07 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 by Ci ty Clerk Clark wi th the fOllowing being present: Mayor Wilcox; Council Members Reilly, Flores, Maudsley, Minor; City Clerk Clark, Acting City Administrator Robbins. Absent: Council Members Estrada, Pope-Ludlam, Miller; City Attorney Penman. APPEAL HEARING - PLANNING COMMISSION'S REDUCTION OF SETBACK REQUIREMENTS - REVIEW OF PLANS 88-41 - O'DONNELL-UPLAND VENTURE I, OWNER - GREENLEAF DEV. CO., APPLICANT - HALLMARK PARKWAY AND SARATOGA WAY This is the time and place set for an appeal hearing requested by Helen Kopczynski, 8150 Cable Canyon Road, in a letter received June 30, 1988. She stated that granting of a reduction in setback requirements for Review of Plans No. 88-41 could set a detrimental precedent to the deve- lopment of the industr ial park at Hallmark Parkway and Saratoga Way. She also questioned how the reduction in setback requirements will further the development agree- ment of the Redevelopment Agency Plan, and the legal nexus for approving the variance. (55) . 24 7/18/88 . The request to reduce the front setback from 50 to 20 feet in the M-1A zone in accordance wi th Municipal Code Section 19.38.070 (Al on property located on the northeast corner of Hallmark Parkway and Saratoga Way, consisting of approximately 18 acres, was filed by Greenleaf Dev. Co. for O'Donnel-Upland, the owner. The Planning Commission recommended approval of the requested in a four to three vote. Mayor Wilcox opened the hearing. John Montgomery, Principal Planner, provided back- ground information for Review of Plans 88-41 and answered questions. Helen Kopczynski, appellant, stated she is not op- posed to the project, but is concerned that a precedent would be set for future developments within the industrial park. She pointed out that the request appears to be a variance, as stated in Page 1 of Attachment C of the staff report. . COUNCIL MEMBER ESTRADA AND CITY ATTORNEY PENMAN ARRIVED At 2:11 p.m., Council Member Estrada and City Attor- ney Penman arrived at the Council Meeting and took their places at the Council Table. Mrs. Kopczynski questioned whether findings had been made to support the approval of the setback reduction, and if the appeal process was being properly applied. She expressed several concerns regarding the approval of the reduction of the setback requirements. City Attorney Penman answered questions, stating that the appeal of the Planning Commission's decision is pro- perly before the Mayor and Common Council. COUNCIL MEMBER MILLER ARRIVED At 2:20 p.m., Council Member Miller arrived at the Council Meeting and took her place at the Council Table. City Attorney Penman answered questions, stating that the zone change process is not needed while the Ci ty is operating under the Interim Policy Document. He further answered questions concerning Redevelop- ment project standards, stating there is no distinction on this issue in the Interim Policy Document. . 25 7/18/88 . He stated that the manner in which the Interim Policy Document is worded does away with almost all of the zoning ordinances, and that legally the City would be hard- pressed to hold anyone to its zoning ordinances at the present time. If an existing zoning district is not com- patible, developers can basically do whatever they want. Senior Assistant City Attorney Barlow is completing an opinion regarding this subject. He stated it makes no sense to process any zone changes at the present time. Mrs. Kopczynski pointed out that Mr. Penman's state- ment might hold true for the remainder of the Ci ty, but this proj ect is in a redevelopment proj ect area, which should have development standards that have already been adopted. Mr. Interim proj ect of land Penman stated that there is nothing in the Policy Document which treats the redevelopment areas any differently in terms of implementation use designations and zoning ordinances. . He stated that a developer can currently come into the City with a project that is consistent with the Inter im Pol icy Document and proceed to go ahead wi thout processing any plan, any zone changes or anything else. If the Planning Department does not accept their appli- cation, which I understand Planning has not been doing, we have liability exposure. Mrs. Kopczynski stated that the Municipal Code is too loosely worded so that there is flexibility for projects coming before the Development Review Committee, Planning Commission and the City Council. Discussion ensued regarding the standards being in place and applications being received for changes from the standards. City Attorney Penman stated that the entire argument is moot. He stated that all of the zoning ordinances have, in effect, been suspended and do not apply. Den- sities and lot sizes are covered. Planning thought they were covering zoning by including Items 44, 45 and 47 in the Interim Policy Document. Item 44 states that if an existing zone district is deemed compatible with the land use designation, the cor- rect zoning will be required on the parcel of land in order to process a development project. . 26 7/18/88 1-- . City Attorney Penman stated that Item 44 is silent about what happens if an existing zone district is deemed incompatible with the land use designation. The only interpretation available to give is that the correct zon- ing will not be required on a parcel of land. He reviewed Item 45 which states that applications for changes of zone to the zone district deemed compatible with the land use designation on the map, shall be accepted and processed. He interpreted this to mean that what Planning probably meant to do was make a requirement that if an existing zone district was not compatible with the land use designations, there would have to be a change of zone. But, that is not what they presented to the Mayor and Council and it is not what was passed. He read from Item 47 which states that all the stan- dards of the existing zone district(s) deemed compatible with the land use designation shall apply to development within the zone district UNLESS otherwise specified. In all cases, the densities and minimum parcel sizes estab- lished by the Interim Policy Document shall take prece- dence over densities and parcel sizes provided for in the existing zone district. . He stated that it is unfortunate there is nothing in the text which defines what to do if an existing zone district is not compatible with the land use designation. It provided a hole for which his office has found a solu- tion to present to the Legislative Review Committee on Thursday, July 21, 1988. He proposes to add a paragraph that will automatically incorporate all of the existing zone standards into the most nearly compatible zone in the Interim Policy Document. City Attorney Penman answered questions regarding advice he had previously given regarding this wording of the Interim Policy Document. He stated that what has basically happened is that Planning was not happy with some of the land use desig- nation assignments and made a determination that they would not accept projects, even if they were consistent with the Interim Policy Document, without first putting them through the zone changes. This was in spi te of the fact that Mr. Barlow had informed Planning, and Mr. Penman personally informed former Planning Director Siracusa that because of wording in the document, they could no longer require projects to go through the change of zone process. . 27 7/18/88 . COUNCIL MEMBER POPE-LUDLAM ARRIVED At 2:313 p.m., Council Member Pope-Ludlam arrived at the Council Meeting and took her place at the Council Table. City Attorney Penman answered questions regarding the standing of the redevelopment plan, stating that according to the June 9th letter from the Office of Planning and Research, all redevelopment activities must be consistent with the second extension granted by the Office of Plan- ning and Research. Lee Redman, representing the land owner, spoke re- garding the request of the Planning Commission to reduce the setback to allow certain positioning of the buildings to within 213 feet of the property line, which is allowed in the code and does not constitute a variance. He presented site plans of the project, stating that there is a 313-foot drainage easement on the property. He stated that the average setback around the site is in excess of 513 feet, with some buildings set back as much as 11313 feet from Hallmark Parkway. . He answered questions regarding the discrepancy be- tween the redevelopment setback requirements being 213 feet and the zoning requirement being 513 feet, stating that it was the developer's understanding that the redevelopment plan was the proper guidel ine for development wi thin the park. Several weeks into the development review process, just before the final meeting to approve the project, staff caught the discrepancy. They already reduced the size of the project to allow for adequate parking, as the redevelopment plan requirements were di fferent wi th the zoning requirement. Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley and unanimously carried, that the hearing be closed; that the appeal be denied and that the reduction in the setback requirement from 513 to 213 feet for Review of Plans 88-41, be approved. Mr. Redman answered questions regarding the land for the drainage channel having been dedicated to the City and stated that a 513 foot setback requirement would sig- nificantly limit the project in square footage and make it difficult for the developer. . 28 7/18/88 1-- . City Attorney Penman stated that he is having trouble from a legal standpoint analyzing the process that is being approved, because it will be a nullity. If no action were taken today, the developer should be issued a building permit. CHANGE OF ZONE NO. 88-3 - RIALTO AVENUE, BETWEEN ARROWHEAD AND SIERRA WAY - FROM M-2 TO C-M - W. R. HENDRIX & ASSOC., APPLICANT - HANFORD FOUNDRY, OWNER - PARCEL MAP 11475 (56) CHANGE OF ZONE NO. 88-4 - KENDALL DRIVE AND UNIVERSITY PARKWAY - FROM C-l TO C-2 - DENNIS STAFFORD, APPLICANT - UNIVERSITY SQUARE, OWNER (57) AMENDMENT TO MUNICIPAL CODE SECTION 19.60.100 - TEMPORARY SIGNS (58) ORDINANCE - REZONING LAND ON WEST SIDE OF TIPPECANOE, SOUTH OF BASELINE - PETITION NO. 85-9 (59) . Discussion ensued regarding whether or not the above described Planning Department items on the Council Agenda were required to be on the agenda since the adoption of the Interim POlicy Document. City Attorney Penman answered questions, stating that under the Interim Policy Document, zone changes cannot be denied if their purpose is to make property consistent with the Interim POlicy Document. City Clerk Clark explained the process of a Change of Zone request coming before the Mayor and Common Council. She recommended that since appl ications have been accepted, they be brought to conclusion before the Mayor and Common Council. She suggested that the Planning Department be instructed not to take any further change of zone requests. Discussion ensued regarding zoning changes that are compatible to the land use designations being automatic and the fact that developers were delayed by being told they had to comply wi th the change of zone process, and continuing the matters will compound the problem. . City Attorney Penman explained how to clarify at the August 1, 1988, meeting the previous actions taken by the Mayor and Council, which were recommended by the Planning Department. 29 7/18/88 ~ . James Richardson, Deputy City Administrator/Develop- ment, answered questions, stating that the subjects of agenda items 56 - 59 were initiated in May, 1988. Changes in the process have been made since that time and he recommended that the projects not be held up further. The al terna ti ve of g i v ing temporary instructions to the Planning Department until the next Council meeting was discussed. For anyone applying for a building permit or processing a change of zone, Planning would take the zon- ing ordinance that would apply to that land use designa- tion and require the stipulations in that zoning ordi- nance, as if the zone change were already made. This would assure that developers would not lose two weeks of processing time. John Edwins, 445 S. Arrowhead Avenue, spoke concern- ing application for Change of Zone 88-4, Agenda Item 57, stating that a two week delay would not make that much difference to this project. He had been directed by staff to go through the process, even though hi s proj ect con- formed with the Interim Policy Document. He requested that if the matter is continued, that the project be allowed to continue to be processed. . Council Member Minor made a motion, seconded by Coun- cil Member Flores and unanimously carried, that the Plan- ning Items 56 - 59 on the Council Agenda, be continued to the Regular Meeting of the Mayor and Common Council to be held August 1, 1988. GENERAL PLAN - INTERIM POLICY DOCUMENT - RECONSIDERATION OF ESTABLISHING PROCEDURES FOR AMENDMENTS Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that Agenda Item 46, regarding a request to establish procedures for amendments to the Interim Policy Document, be reconsi- dered. (See Page 20 for previous action). (46) Ci ty Attorney Penman answered questions and discus- sion ensued regarding the wording of instruction to the Planning Department regarding applications that are con- sistent with the Interim Policy Document. John Montgomery, Principal Planner, answered ques- tions regarding the intent of the instructions. . 310 7/18/88 I' . Shauna Clark, City Clerk, stated that the map is the zoning for the Interim Policy Document and questioned why zoning changes are being processed. She pointed out that zone changes are not conditional. John Montgomery, Principal Planner, tions, stating that the interim master designations are not zoning districts. answered ques- plan land use Discussion ensued regarding the confusion in inter- pretation of the zoning. The map is the zoning for the property. The map can be translated backwards to what the zoning ordinance was. City Attorney Penman pointed out that the Interim Policy Document reflects what the Mayor and Council adopted. When the document was first sent to OPR, a check revealed that all of the actions of the Mayor and Council were not reflected, because City Clerk Clark was not given the opportunity to check the document before it was sent. OPR was called and the City Clerk was then given an oppor- tunity to make sure all of the actions were reflected, and not editions that were made by Planning. . Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the Planning Department be directed to process appl ications that are consistent with the Interim POlicy Document, applying those zoning ordinances in such a manner as that the old usages and standards under the old zoning ord i- nances be applied to the new land use designations, which they would be consistent with. Council Member Minor made a motion, seconded by Coun- cil Member Miller and unanimously carried, that the matter concerning the establishment of procedures for amending the Interim policy Document, be continued to the August 1, 1988, meeting of the Mayor and Common Council. RES. 88-275 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUl SANCES AND IMPOS ING LIENS ON CER- TAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT. (S-2) Council Member Flores made a motion, seconded by Council Member Reilly, that said resolution be adopted. . 31 7/18/88 . Resolution No. 88-275 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Mi ller. Noes: None. Ab- sent: None. RECESS MEETING - CLOSED SESSION At 3:35 p.m., Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that the Common Council recess to Closed Session to confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9 (b) (1), as there is signi- ficant exposure to litigation. (61) CLOSED SESSION AT 3:35 p.m., Mayor wilcox called the Closed Session to order in the Conference Room of the Council Chambers, City Hall, 31313 North "0" Street, San Bernardino, Cali- fornia. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Mi ller; Ci ty Attorney Pen- man, Acting City Administrator Robbins. Absent: City Clerk Clark. . Also present were: Senior Assistant City Attorney Barlow, Deputy City Attorney Empeno, Director of Admini- stration and Finance for the Water Department Kersey. ADJOURN CLOSED SESSION At 3:55 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council. RECONVENE MEETING AT 3:55 p.m., Mayor wilcox called the meeting to order in the Council Chambers of City Hall, 31313 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark wi th the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: None. . 32 7/18/88 . RES. 88-276 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL, CITY OF SAN BERNARDINO CON- SENTING TO ASSIGNMENT OF AGREEMENT FOR SEWER CONNECTION AND TREATMENT FOR TENTATIVE TRACT NO. 10297-3 FROM EMERICH & COMPANY, INC., A CALIFORNIA CORPORATION, PAUL Y. H. HSU AND DONALD S. CLURMAN TO LOMA LINDA VILLAGE PAR- TNERSHIP, A CALIFORNIA GENERAL PARTNERSHIP. (S-l) Council Member Pope-Ludlam made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 88-276 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. . GENERAL OBLIGATION BOND BLUE RIBBON COMMITTEE - REPORT - ISSUE FOR NOVEMBER BALLOT - AUTHORIZATION TO HIRE BOND COUNSEL I n a memorandum dated July 15, 1988, Fred wi Ison, Assistant to the City Administrator, provided a report from the General Obligation Bond Blue Ribbon Committee relative to the feasibility of a General Obligation Bond Issue being placed on the November, 1988, ballot, and a list of proposed improvement projects, totaling $48,040,000. (47) This committee was formed May 31, 1988, to consider the feasibility of placing a bond issue on the November ballot. The Capital Improvement Project listing submitted by the Director of Public Works was reviewed and presenta- tions were heard by department heads regarding proposed projects. Alternate funding sources were also discussed at the committee meetings. Edward Wheeler, Chairman of the General Obligation Bond Blue Ribbon Committee, expressed the members' appre- ciation for the opportunity to serve on the committee, and thanked everyone for their assistance. He stated the recommendation of the committee for the Mayor and Common Council to consider the issuance of G.O. Bonds in an amount not to exceed $50,000,000 in conjunc- tion wi th al terna te sources of revenue as referenced in the list of the projects submitted by the G.O. Bond Com- mittee due the limited availability of alternate funding sources. They made a separate recommendation urging that this motion be placed on the November ballot. . 33 7/18/88 . Craig Graves, City Treasurer, answered questions, stating that the cost of the $50,IHI0,000 bond to home- owners would amount to $173 per year for 25 years on a $100,000 home. Acting ci ty Administrator regarding the time frame for November, 1988, ballot. Robbins answered questions getting the issue on the Shauna Clark, City Clerk, the California Elections Code quired and the time frame for ballot. read from Section 5301 of regarding information re- plac ing the issue on the Discussion ensued regarding the need for the support of the public to pass the bond issue. Acting City Administrator Robbins answered questions regarding the costs involved in hiring bond counsel. City Clerk Clark answered questions regarding the election costs. . John Lightburn, a member of the General Obligation Bond Blue Ribbon Committee, made suggestions regarding political contributions to support the bond issue. Jim Smith, Chairman of the Governmental Affairs Com- mittee of the Chamber of Commerce, stated their feelings that more knowledge is needed regarding the projects to provide support for a successful passage of the bond issue. Discussion ensued regarding funding mechanisms for educating the public regarding the bond issue. Time con- straints were discussed and the advantages of the November Presidential election having a large turnout. The con- dition of the infrastructure of the City was discussed. Acting City Administrator Robbins spoke regarding the passage of the bond issue meaning that the 80% of the costs for replacing the Mt. Vernon Bridge will come from the federal government. Richard Razlo, 355 S. Stoddard, requested that $20,000,000 be spent on improvements to "0" Street. . Shauna Clark, Ci ty Clerk, answered questions, ex- plaining the legal deadlines for the bond issue. She stated that authorization for bond counsel is needed immediately in order to get the process started. 34 7/18/88 . Jim Smith of the Chamber of Commerce stated that they have not seen a specific amount of money for the bond issue, which is a reason they cannot make a stand on the issue. Dennis Barlow, Senior Assistant answered questions concerning approv ing package submitted by the committee. Ci ty Attorney, the recommended The Mayor and Common Council discussed waiting until the end of the Council Meeting to make a recommendation, to allow for time to review the list of capital improve- ment projects. Council Member Estrada made a motion, seconded by Council Member Reilly, to continue the matter concerning the General Obligation Bond issue to later in the meeting. (See Page 46) The Council Ludlam, None. motion Members Miller. carried by the following vote: Estrada, Reilly, Flores, Minor, Noes: Council Member Maudsley. Ayes: Pope- Absent: . COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY MEETING - CONTINUED FROM EARLIER IN MEETING The Regular Meeting of the Community Development Commission/Redevelopment Agency was continued from earlier in the meeting and called to order by Chairman Wilcox in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (See Page 13) RECESS MEETING - CLOSED SESSION At 5:15 p.m., Council Member Pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that the Mayor and Common Council recess to Closed Session pursuant to Government Code Section 54956.8, to meet with its negotiators to discuss the terms of disposition of certain real property generally located at Baseline and Medical Center Drive. The party with whom the Agency's negotiator may negotiate is Haagen Develop- ment Corporation. (R-13) CLOSED SESSION At 5:15 p.m., the Closed Session was called to order by Mayor wilcox in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. . 35 7/18/88 . 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; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: None. Also present were: Ci ty Treasurer Graves, Senior Assistant City Attorney Barlow, Assistant City Attorney Brue, Development Specialist for the Redevelopment Agency Boeger, and Administrative Services Manager for the Re- development Agency Velarde. ADJOURN CLOSED SESSION At 6:34 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common of the City of San Bernardino. RECONVENE MEETING At 6:34 p.m., Mayor Wilcox called the meeting to order in the Council Chambers of Ci ty Hall, 3lillil 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; Senior Assistant City Attorney Barlow, City Clerk Clark, Acting City Administrator Robbins. Absent: None. CRUISING, DRUGS & CRIME PROBLEMS - WEST SIDE - MOTEL - 1263 N. MT. VERNON AVENUE This is the time and place set for discussion con- cerning the severe crime problems related to the motel located at 1263 N. Mt. Vernon Avenue and cruising, drugs and crime on the west side of the City, as requested in a memorandum dated July 6, 1988, from Council Member Pope- Ludlam. (53) An undated petition was received from area homeowners regarding illegal activities at the motel located at 1263 North Mt. Vernon. An affidavit dated June 23, 1988, was filed by Danial Alcala, regarding a mugging in which he was a victim on Reece Street, across from the motel at 1263 N. Mt. Vernon Avenue. . In a letter dated July 7, 1988, Mark Sutton, Director of Building & Safety, provided a report listing code vio- lations in the motel at 1263 N. Mt. Vernon Avenue. 36 7/18/88 . In a letter dated July 8, 1988, Donald Burnett, Chief of Police; presented outlines of two Tactical Action Plans designed to curtail the cruising problem occurring on Friday, Saturday and Sunday nights. The problem exists on Mt. Vernon Avenue between Mill Street and 14th Street and on 14th Street between Mt. Vernon and Massachusetts Avenues. The plans described by Chief Burnett would require constant monitoring and maintenance to eliminate the cruising problem. Plan 2 would be implemented if Plan 1 becomes ineffective. The total cost for the plans per weekend is: Plan 1 = $3,395; Plan 2 = $4,595. A petition dated June, 1988, signed by residents, property owners and registered voters of the City, re- questing Councilwoman Pope-ludlam to work on their behalf to resolve the cruising problem on the West Side, was given to City Clerk Clark. . Donald Burnett, Chief of POlice, introduced Lt. W. D. Smi th, Area Commander for the neighborhood of the motel located at 1263 N. Mt. Vernon. He spoke regarding the problems incurred at the motel and stated that nine arrests have been made. The owner of the motel is co- operating with evictions. Discussion ensued regarding a letter from Petro Blanco noting the lack of lights in some parking areas on Mt. Vernon, the cruising problem and the discomfort experienced by residents of the area. Captain Dan Robbins, Police Department, provided a historical background of the cruising problem in the City and described police tactics to curtail the problem. He handed out a map depicting the pattern of cruising in the neighborhood of 14th and Mill Streets. Lt. Bob Curtis spoke regarding action taken by the Police Department in recent weeks to curtail the cruising problems. Police Chief Burnett explained Tactical Action Plans 1 and 2 and their related costs, and the impact of taking officers from their regular assignments to work the cruis- ing problems. Captain Robbins answered questions, stating that 209 cruising citations have been issued. . 37 7/18/88 . City Attorney Penman spoke regarding the closing of streets being the most effective method of controlling cruising. Hector Luna, area resident, expressed appreciation to the Mayor and Common Council and to the City Attorney for their message to criminal elements. He expressed concern over the use of roadblocks, which inconvenience residents. He requested that modern innovation be used to control the cruisers, and that the cruisers from out-of-town be cited. City Attorney civil Rights if citations. Penman spoke regarding the violation of certain cruisers are pin-pointed for Bill Hanke, property manager of 1239 W. 14th Street, spoke regarding problems he incurs with the cruisers, as they buy and sell drugs. Francisco Gomez, a Planning Commissioner, spoke re- garding the problem of disrespect of rules by cruisers and the need for educating the public. He suggested that a committee be formed of Council Members Maudsley and Minor and City Attorney Penman, to consider the cruising problem. . Johnny Bird, an area resident, spoke regarding the cruising problem not being resolved by rerouting traffic. Margaret Ramos, an area resident, spoke in support of the Police Department, stating that the problem with the juveniles cruising should be solved in the home where they should be taught not to infringe on other people's rights. Anna Lopez, 1263 Mt. Vernon, spoke regarding the drug problem in the neighborhood and sarcastic police dis- patchers when she requests assistance. She suggested that police drive through the apartment carports when called and not just around the apartments. Don Henley, an area resident, stated the problem lies with the Counc i I, as they need to go out and v iew the problem to know what they are dealing with. Chief of Police Burnett answered questions, stating that the greater percentage of the cruisers are from out of town, and drug dealers may be temporary local resi- dents. . 38 7/18/88 . City Attorney Penman spoke regarding the apartments at 1263 Mt. Vernon, which are going to be demolished as soon as the orders come from the court. He stated that publishing newspaper articles to educate the cruisers would not help the problem, because most of them are from out of town. Lt. W. D. Smith answered questions of the Council. J. J. Gomez, an area resident, recommended using hand held computers to keep track of cruisers. Chief Burnett stated that Lt. Smith would be follow- ing up on the complaints and added that a computer is being used by the Los Angeles Sheriff's Department in Anaheim. He spoke regarding the Ci ty' s ordinance which requires the Police Department to be able to testify that the same driver drove through the area three times. The second time the driver receives a warning and the third time, he receives a citation. The City of Anaheim had the same system and abandoned it. . He further stated that the Police Department is taking a look at an ordinance to give them the ability to tow cars belonging to cruisers and is also considering using video tape to identify the drivers. He suggested painting curbs red along the cruising area to keep the cars from parking. Lisa Caldera, an area resident, suggested that bar- ricades start at 16th Street and Mt. Vernon Avenue and that there be a barricade at the east on Massachusetts and south at Baseline because the cruisers are outsmarting the Police Department. Lt. Curtis stated that the cruising starts at Mill Street. Chief Burnett stated that in order to be successful, the Police Department has to "take the ground" and if the department could take the vehicles as evidence, that would certainly discourage cruisers from coming into this area. He answered questions regarding his Tactical Action Plans 1 and 2. . Loretta Medina, an area resident on 14th Street, expressed a concern that emergency vehicles cannot get in and out when cruising goes on, but applauded the Police Department for their efforts to date. 39 7/18/88 . Chief Burnett answered questions, stating that with either Tactical Action Plan the officers would only be out until 2:00 a.m. Richard Falcon, an area resident, spoke regarding lack of response by the Police Department when shots were reported as having been fired on Mt. Vernon. Chief Burnett stated he would address Mr. Falcon's complaint immediately. Counc i 1 Member Maudsley made a motion, seconded by Council Member Flores and unanimously carr ied, that the Police Department's Tactical Action Plan Itl, as outlined in the staff report, be authorized for a period of 90 days at a cost of $3,000 per weekend, with funds to come from the contingency account. RECESS MEETING At 7: 30 p.m., Mayor Wilcox called for a 15 minute recess. . RECONVENE MEETING At 7:45 p.m., Mayor Wilcox called the Regular Meeting to order in the Conference Room, 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; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: None. RECESS MEETING - CLOSED SESSION At 7:45 p.m., Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the meeting recess to Closed Session to meet with its designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6. (60 ) CLOSED SESSION At 7:45 p.m., Mayor Wilcox called the Closed Session to order in the Conference Room of City Hall, 300 North "0" Street, San Bernardino, California. . 40 7/18/88 . ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Pen- man, Acting City Administrator Robbins. Absent: City Clerk Clark. Also present were: Coleman Walsh, the City's nego- tiator; Gordon Johnson, Director of Personnel. RECESS CLOSED SESSION At 8:28 p.m., the Closed Session adjourned Regular Meeting of the Mayor and Common Council City of San Bernardino. to the of the RECONVENE MEETING At 8:28 p.m., Mayor Wilcox called the Regular Meeting to order in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. . ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Ci ty Attorney Pen- man, City Clerk Clark, Acting City Administrator Robbins. Absent: None. IMPASSE HEARING - GENERAL EMPLOYEES' BARGAINING UNIT This is the time and place set for an impasse hearing concerning the General Employees' Bargaining Unit. (54 ) Ed Lehman, a representative of the American Federa- tion of State, County and Municipal Employees, AFL-CIO, stated that Management employees have superior fringe benefits to those of the General employees. He complained that there is no money for General employees, but there is plenty of money for the Chamber of Commerce, the Maruko Hotel and the City Hall renovations. He further complained that department heads harass employees and that bureaucratic mine fields are set up as road blocks instead of solving employees' problems. He stated that employees need cost of living in- creases and equity in terms of fringe benefits. They want their 7% PERS paid for by the City and a complete payment of health insurance. . 41 7/18/88 . They also want an adequate long-term disability in- surance plan. He suggested that the Council agree to return to the table for further negotiations. Adam Webb, President of Local 122, stated that the General employees salaries are falling behind other cities and that three years from now this ci ty will be at the bottom of the scale. He added that General employees work with short staffs due to the hiring freeze and that they are willing to go back to the table if they could go in a positive direction. Brian Hagman, a former City Employee now working for AFSCME Chapter 36, stated that they tried hard not to come to an impasse. He stated that General employees work hard and do outstanding jobs while all of management is in turmoil and the Ci ty is trying to find someone to fi 11 management positions. He talked about arbitrary transfers of employees and the City's investment in the Spirit Baseball Team and the $400,000 loss of Redevelopment Agency funds. . Mr. Hagman spoke regarding a City proposal to charge General employees for using sick leave and stated that General employees want to be recognized for the good job they are doing. Frances Garces from the Engineering Division of Pub- lic Works, complained regarding the remodeling of her department, which requires her to have her back to the public counter. She stated that she complained about this, but that her complaints were not addressed. Lisa Caldera of the Fire Department complained the uniform allowance of $75 per year when employees receive $225 per year. about other Ed Lehman, AFSCME, stated that they have reached a tentative agreement with the City whereby the City will provide 100% of the cost of all uniforms. Don Henley, a Police Assistant on the West Side of the City, complained that he is not receiving bilingual pay. He stated that his daughter is a Police Assistant for the City of Fontana and she makes $500 more per month and gets $500 per year in uniform allowance. . 42 7/18/88 . Coleman Walsh, the City's negotiator, stated that many of the items brought to the negotiation table by the unlon were actually grievances that should have been handled through the administrative process. He further stated that they had reached agreements on providing long- term disability insurance for General employees, which is the same as the insurance for Mid-Management employees. He stated that the salary increases moved the salar- ies somewhere in the midd Ie in terms of competi ng wi th other cities for employees. The City is offering 2.5% in July of this year, but the total package will increase the employees compensation by 15%. The cost of living went up 4.4%, so the City is a little ahead in terms of what it is offering its General employees. He stated that he did not find the union's proposal to raise compensation 5~-6~% to be realistic. Ed Lehman of AFSCME stated that the 5~-6~% increase is preposterous and argued that long-term disability in- surance is necessary for many female employees, especially those who will be taking maternity leave. . He stated that the long-term disability being recom- mended by the union is less expensive than the one the City is giving Mid-Management employees and has greater benefits. He objected to the uniform allowance and the fact that the department head will be able to determine how many uniforms for which an employee gets paid. Lisa Caldera of the Fire Department feared that her $75 uniform allowance she just received would be taken away from her. Coleman Walsh, City negotiator, responded that the City has no plans to take back this year's uniform allow- ance. Johnny Bird, an extra board refuse worker, requested permanent employment. Tony Williams, an extra board worker, stated he has been with the City for one year and 18 days and has still not been made permanent. He stated that his baby had died last week and he was unable to receive benefi ts to bury his baby. He wants to become a permanent employee. . 43 7/18/88 . Gordon Johnson, Director of Personnel, stated tha t recent Civil Service rule changes have placed restrictions on the City in terms of using long-term temporary employ- ees without giving them permanent employment. There are some Civil Service rights for certain long- term temporary employees. Ed Lehman, AFSCME, stated that they do not represent extra board people, but he feels that these employees should be treated with dignity. The union supports re- forms to give benefits to extra board employees. Director of Personnel Johnson answered questions, stating he is not sure of the requirements for a refuse worker position, but that there are hundreds of applicants for three to four positions. It was agreed that the issue of benefits for long- term temporary employees be put on the Council Personnel Committee agenda for discussion. . Coleman Walsh, City negotiator, stated that as the union does not represent extra board employees, that this discussion is not part of the negotiations, nor a part of the impasse hearing. Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that im- passe hearing be closed. Mayor wilcox explained to the audience that the City has been striving to get to the point where it has a re- serve fund, which is one reason why there are fewer funds this year. Council Member Minor made a motion, seconded by Coun- cil Member Miller and unanimously carried, that the im- passe be terminated by ordering the imposition of a three- year contract as was offered by the City's negotiator. Ed Lehman, AFSCME, questioned whether the City could unilaterally impose a three-year contract on the employees. City Attorney Penman answered questions, and pointed out that documents imposing the Council action would have to be brought back later. . Coleman Walsh, the City's negotiator, stated that he knew of no limi tation on the imposi tion of a three year contract. 44 7/18/88 . City Attorney Penman requested more time to research the legal issues, and agreed to report back at the next Council Meeting. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO CIVIC LIGHT OPERA ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE. (Reconsidered from earlier in meet- ing - See Page 15) (30) The Mayor and Common Council discussed changes in the resolution, including raising the amount from $14,000 to $20,000 and questioned what the Civic Light Opera would use the additional funds for. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be continued to the August 1, 1988, Regular Meeting of the Mayor and Common Council of the City of San Bernardino. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. . RES. 88-277 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING THE FINAL BUDGET OF SAID CITY FOR THE FISCAL YEAR 1988-89. (29) Acting City Administrator Robbins spoke regarding the positions in the Police Department, stating that in the previous year, 15 positions had been left unfunded. This year, the Police Department was allowed to hire five of those positions, but that 10 still remain unfunded. Un- less Council can find another $2-3 million dollars, the positions will remain unfunded for this fiscal year. Council Member Flores made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 88-277 was vote: Ayes: Counc i 1 Member s Maudsley, Minor, Miller. Noes: Member Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, None. Absent: Council . 45 7/18/88 1-- . PERSONNEL ACTIONS The Personnel Actions submitted by the Director of Personnel in his letter dated July 5, 1988, were approved earlier in the meeting, wi th the exception of the last page, containing appointments for the Building & Safety Department. (See Page 8) (12) Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that the last page of the personnel actions submitted by the Director of Personnel, dated July 7, 1988, containing appointments for the Building & Safety Department, be approved. GENERAL OBLIGATION BOND BLUE RIBBON COMMITTEE REPORT - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for a report from the General Obligation Bond Blue Ribbon Committee relative to the feasibility of a general obligation bond issue being placed on the November ballot and authori- zation to hire bond counsel. (See Page 34) (47) . Council Member Estrada presented a list of projects and gave the Council alternate funding levels at $48,000,000, $29,000,000 and $26,000,000 to submit to the voters. The Mayor and Common Council discussed the proposed General Obligation Bond Measure. Council Member Flores made a motion,seconded by Coun- cil Member Reilly and unanimously carried, that the pro- posal to place a measure on the November ballot for the issuance of General Obligation Bonds be referred back to the Blue Ribbon Committee for further study with regard to projects to be included and the strategy for taking the issue to the voters. RECESS MEETING - CLOSED SESSION At 10:05 p.m., Council Member Flores made a motion, seconded by Council Member Estrada, that the meeting re- cess to Closed Session pursuant to Government Code Section 59456.9(a) to confer with its attorney regarding pending litigation which has been initiated formally to which the City is a party as follows: (64) Strahle vs. City of San Bernardino - San Bernardino Superior Court Case No. 232278; . 46 7/18/88 . Highland Hills Homeowners Association vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 241464; 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 Association vs. City of San Bernardino -San Bernardino Superior Court Case No. 239714 and Case No. 239649; City of Club, Inc. 239193; San Bernardino vs. San Bernardino Baseball San Bernardino Superior Court Case No. Stubblefield Construction Company, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 232998; . Daub and Gordon vs. City of San Bernardino - San Bernardino Superior Court Case No. 242433; Deyon vs. City of San Bernardino - San Bernardino Superior Court Case No. C236411. CLOSED SESSION At 10:05 p.m., Mayor wilcox called the Closed Session to order in the Conference Room of Ci ty Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: Coun- cil Member Pope-Ludlam. Also present was Assistant City Attorney Brue. ADJOURN CLOSED SESSION At 10: 20 p.m., the Closed Session adjourned Regular Meeting of the Mayor and Common Council City of San Bernardino. to the of the . 47 7/18/88 . RECONVENE MEETING At 10:20 p.m., Mayor Wilcox called the Regular Meet- ing to order in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the Ci ty Clerk wi th the fol- lowing being present: Mayor Wilcox; Council Members Reilly, Flores, Maudsley, Minor; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Members Estrada, Pope-Ludlam. ADJOURN MEETING At 10:20 p.m., Council Member Maudsley made a motion, seconded by Council Member Minor, that the meeting adjourn to 8:00 a.m., Wednesday, July 27, 1988, in the Management Information Center (MIC Room), Sixth Floor, City Hall, 300 North "0" Street, San Bernardino, California. (65) The motion carried by the following vote: Council Members Reilly, Flores,Maudsley, Minor, Noes: Council Member Miller. Absent: Council Estrada, Pope-Ludlam. Ayes: Miller. Members . ~~&~ Ci ty Clerk No. of hours: ll~ No. of items: 73 . 48 7/18/88