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HomeMy WebLinkAbout08-01-1988 Minutes --.,...- . City of San Bernardino, California August 1, 1988 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Wilcox at 9:03 a.m., on Monday, August 1,1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The invocation was given by Monsignor Michael Nolan, St. Theresa Church, 923 W. Congress St., San Bernardino, California. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Miller. . ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Reilly, Flores, Maudsley, Minor, Miller; Deputy City Attorney Empeno, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Members Estrada. Pope-Ludlam. COUNCIL MEMBER ESTRADA ARRIVED At 9:06 a.m., Council Member Estrada arrived at the Council Meeting and took her place at the Council Table. PUBLIC COMMENTS - FRANCIA WHITE - FREEDOM OF SPEECH Francia White, 231 E. 9th Street, San Bernardino, California, spoke regarding the five-minute limitation on public comments imposed by the Mayor and Common Council and referred to rights of freedom of speech set forth in the Magna Carta and Common Law of The State of California. (Cl PUBLIC COMMENTS - RECYCLING OF REFUSE JEAN ANDERSON Jean Anderson, 3309 North "H" Street, San Bernardino, California, spoke regarding recycling of refuse. She emphasized the fact that separate containers are needed for the disposal of plastic, glass, tin, and paper as mandated by the State of California. (Cl . - 1 - 8/1/88 . " . COUNCIL MEMBER POPE-LUDLAM ARRIVED At 9:12 a.m., Council Member Pope-Ludlam arrived at the Council Meeting and took her place at the Council Table. Mayor Wilcox directed Manuel Moreno, Director of Public Services, to investigate recycling programs. PUBLIC COMMENTS - THE SWORD Roger Dumas, also known as the The Sword, Commander-in-Chief of the House of Ying, approached the microphone and began passing out documents. He made no oral comments, but remained at the podium. (Cl PUBLIC COMMENTS - SUSAN SMITH - PROVIDING FOR THE HOMELESS Susan Smith, 668 North "H" Street, San Bernardino expressed her concerns regarding the conditions of the sidewalks in the City of San Bernardino. (Cl Ms. Smith spoke regarding the providing shelter for the homeless months, and requested that the City House for women alcoholics. Salvation Army during the winter provide a Half-Way . VIOLATION OF PENAL CODE SECTION 403 Deputy City Attorney Empeno stated for the record that prior to the last speaker, Roger Dumas approached the microphone and began passing out documents. Mr. Dumas remained at the podium and his continued presence at the pOdium could constitute a violation of Penal Code 403, which is a misdemeanor provision providing criminal charges for anyone disrupting a public meeting. (e) APPROVE COUNCIL MINUTES - JULY 18, 1988 Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on July 18, 1988, be approved as submitted in typewritten form. (1) SET PUBLIC HEARING - INCREASE FEES - REFUSE ROLL-OFF CONTAINER CHARGES In a memorandum dated July 21, 1988, Manuel Moreno, Director of Public Services, stated that the County Board of Supervisors closed the Colton Landfill site, and have a tentative date of July 1, 1988, for closing the Fontana Landfill site. (2) . In a memorandum dated June 21, 1988, the Director of Public Services explained the reasons for increasing the rates for 10, 20, 30 and 40 cubic yard roll-off containers. He recommended the following increase in rates for the various sized roll-off containers$ - 2 - 8/1/88 SizelContainer Rate/Res. Recommended 87-207 Rate . 10 Cubic Yds. $52.50 $ 63.00 20 Cubic Yds. $72.00 $ 88.00 30 Cubic Yds. $80.00 $110.00 40 Cubic Yds. $90.00 $130.00 Council Member Flores made a motion seconded by Council Member Maudsley and unanimously carried, that a pUblic hearing to discuss the increasing of certain charges for collection and disposal of 10, 20, 30 and 40 cubic yard containers be held August 15, 1988, at 9:30 a.m., in the Council Chamber of City Hall, 300 North "0" Street, San Bernardino, California. SET PUBLIC HEARING - INCREASE FEES - APPREHENSION OF LARGE AND MEDIUM LIVESTOCK Pursuant to a memorandum dated July 14, 1988, from Deborah L. Biggs, Director of Animal Control, Council Member Flores made a motion , seconded by Council Member Maudsley and unanimously carried, that a pUblic hearing be set for September 6, 1988, at 9:30 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to discuss increasing the fees for large and medium livestock. (3) . OUT-OF-STATE TRAVEL - FIRE DEPARTMENT - CHARLOTTE REYNOLDS - EMMITSBURG, MARYLAND - 8/15/88 - 8/26/88 NATIONAL FIRE ACADEMY In a memorandum dated June 13, 1988, Gerald Newcomb, Fire Chief, presented two letters regarding the request for Charlotte Reynolds to attend a Seminar regarding Code Enforcement: A System Approach Course, at the National Fire Academy in Emmitsburg, Maryland, August 15, 1988, through August 26, 1988. (4) It was stated that on July 27, 1988, the Mayor and Common Council adopted a policy that all out of state travel requests which had been included in the budget would not require approval by Council. Since this request was included in the budget, no action was taken. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER OF ABATEMENT - 751, 753, 763 and 771 "D" STREET - ALBERT MAMLOUK In a letter dated July 10, 1988, Albert Mamlouk, owner of the convenience market located at 765 North "D" Street, San Bernardino, appealed the decision of the Board of Building Commissioners of July 1, 1988, ordering the abatement of the premises located at 751, 753, 763, 771 "D" Street. He listed five reasons for the appeal. ( 5 ) . - 3 - 8/1/88 . Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the appeal of Albert Mamlouk relative to the Board of Building Commissioners' decision to order the abatement of premises at 751, 753, 763, and 771 "D" Street, be set for hearing August 15, 1988, at 9:30 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. SET HEARING - APPEAL - UNDERGROUND UTILITIES - 40TH STREET AND MT. VIEW - L&M DEVELOPMENT GROUP In a letter dated July 13, 1988, Paul Max, General Partner, L & M Development Group, 1040 N. Mansfield Avenue, Los Angeles, California 90038, appealed the conditions imposed for the undergrounding of utilities on the southeast corner of 40th Street and Mt. View Avenue. He stated that it would place a financial hardShip on the development and requested that the necessity to underground the utilities or to deposit cash in lieu, be waived. (6) . Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried that the appeal filed by L & M Development on the conditions imposed to underground existing utility lines at 40th Street and Mt. View Avenue, 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. CONTRACT - CHANGE ORDER NOS. 2 & 3 - DON C. HUBBS- TRAFFIC SIGNALS - UNIVERSITY PARKWAY In a memorandum dated July 15, 1988, Roger Hardgrave, Director of Public Works/Engineering, requested that Change Order Nos. 2 & 3 to the contract with Donald C. Hubbs for installation of traffic signalS on University Parkway, be approved. (7) Change Order No. 2 would authorize the reimbursement for equipment and labor stand-by costs during the water pipeline relocation on January 20 through January 22, 1988, on a time and material basis for the net cost of $6,668.53. Change Order No. 3 would authorize the installation of approximately 268 feet of 3 inch PVC conduit along the northerly side of College Avenue for a net cost of $2,996.24. . Council Member Flores made a motion, seconded by Council Member Maudsley and unanimOUSly carried, that Change Order Nos. 2 & 3 to the contract with Donald C. Hubbs Co., 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, for - 4 - 8/1/88 r . a net increase in the contract price of $9,664.77, from $290,364.68 to $300,029.45; that the work be approved and accepted, and that the release of final payment be authorized at the expiration of the lien period. STREET VACATION - BROADWAY STREET AND MAIN STREET - NEGATIVE DECLARATION - FINDING OF NEED FOR HEALTH AND SAFETY REASONS In a memorandum dated April 22, 1988, Roger Hardgrave, Director of Public Works/Engineering, stated that the Environmental Review Committee recommended adoption of a Negative Declaration, on the vacation of Broadway Street and Main Street at the grade crossing with Santa Fe Railroad. He stated that these crossings are protected by stationary "crossback" signs and that the vacation of Broadway Street and Main Street would allow the grade crossings to be closed, which would eliminate any possibility of vehicle - train accidents. (8) . Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that a finding be made that the vacation of Broadway Street and Main Street, at the grade crossings with Santa Fe Railroad, is needed for health and safety reasons; that the Negative Declaration for vacation of Broadway Street and Main Street, at the grade crossings with Santa Fe Railroad, be adopted; and that a finding be made that the vacation of Broadway Street and Main Street, at the grade crossings with Santa Fe Railroad, is consistent with the Interim POlicy Document. CLAIMS AND PAYROLL In a memorandum dated July 15, 1988, Andrew M. Green, Acting Director of Finance, set forth the register of demands dated July 6, 1988, and June 11, 1988, and the total gross payroll for the period June 20, 1988, through July 3, 1988. (9) Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried that the claims and payrolls and the authorization of the issuance of warrants, as listed in the memorandum dated July 6, 1988, from Andrew M. Green, Acting Director of Finance, be approved. PERSONNEL ACTIONS In a memorandum dated July 21, 1988, Gordon R. Johnson, Director of Personnel, submitted personnel actions in accordance with all administrative regulations of the City of San Bernardino. (10) . Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the Personnel Actions, submitted by the Director of Personnel, - 5 - 8/1/88 .. in accordance with all administrative regulations of the City San Bernardino, be approved. . COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. READING AND WAIVING OF RESOLUTIONS City Clerk Clark, read the titles of all of the resolutions on the Regular Agenda. Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, that further reading of the resolutions be waived. RESOLUTION OF THE CITY OF SAN BERNARDINO RENEWING THE COMMITMENT TO COMPLETE DEVELOPMENT OF THE PATTON PARK PROPERTY AND TO DESIGNATE THE PARK DEVELOPMENT FEE FUND, AND THE CITY'S ALLOCATIONS THROUGH STATE AND/OR FEDERAL PARK DEVELOPMENT FUNDS AS POTENTIAL SOURCES FOR FUNDING THE COMPLETION. (Continued from July 7, 1988) (16) . Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be continued to August 15, 1988, in the Council Chambers of City Hall, 300 North - "D" Street, San Bernardino, California. Council Member Reilly Council Member Minor, that adopted: made a motion, seconded by the following resolutions be RES. 88-281 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN RECORDS BY THE CHIEF EXAMINER OF THE CIVIL SERVICE BOARD. (19) Mayor Wilcox answered questions raised by Susan Smith regarding the type of records to be destroyed. RES. 88-282 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A SMALL BUSINESS LOAN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INLAND FLOWERS IN THE AMOUNT OF $20,000.00. (20) RES. 88-283 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A SMALL BUSINESS LOAN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ANDERSON'S FEED AND SUPPLY IN THE AMOUNT OF $50,000.00. (21) . - 6 - 8/1/88 ;ti . Resolution Nos. 88-281, 88-282 and 88-283 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned Meeting and took her place at the to the Council Council Table. 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. (Continued from July 18, 1988) (17) Thelma Press explained the reason for the loan, stating that the loan would be repaid through the proceeds from the sponsored activities. She answered questions regarding the production and direction of the shows. Henry Empeno, Deputy City Attorney, expressed concerns regarding Page 2, Paragraph 3 of the agreement, as there should be a timetable for repayment of funds. . Thelma Press stated the the funds are expected to be repaid during the Christmas Season. Council Member Reilly made a motion, seconded by Council Member Pope-LUdlam and unanimously carried, that said resolution be continued to September 6, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING THE INTERIM POLICY DOCUMENT RELATING TO DEVELOPMENT STANDARDS PENDING ADOPTION OF A FINAL GENERAL PLAN. (Continued from July 18, 1988) (18) . Council Member Reilly made a motion, seconded Council Member Minor and unanimously carried, that resolution be continued to the afternoon session page 22). APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER OF ABATEMENT- PUBLIC NUISANCE -1091-1095 W. FIFTH STREET - MAURICE R. PETERS This is the time and place set for an appeal hearing to consider the appeal of Maurice R. Peters on the Board of Building Commissioners' Order of Abatement of a pUblic nuisance for property located at 1091-1095 W. Fifth Street. (11) by said (see - 7 - 8/1/88 . In a requested September letter dated July 28, 1988, Maurice R. Peters a continuance of the public hearing until 6, 1988. In a memorandum dated July 19, 1988, Mark Director of Building and Safety, presented a actions taken regarding the property located at W. Fifth Street. I. Sutton, history of 1091-1095 Mayor Wilcox opened the hearing. Mr. Peters requested a hearing, stating that he is Engineer's Report. continuance of waiting for a the public Structural Mark Sutton answered questions regarding the number of times this issue has been heard by the Board of Building Commissioners. Deputy City Attorney Henry Empeno expressed concern about any continuance, as this matter has been pending a long time, and the structure continues to be a dangerous building. If the Council approves a continuance, it should be a short one. . Mark Sutton, Director of Building and Safety, described problems with the building, such as sanitation facilities and structural deficiencies. Maurice Peters expressed displeasure with Mr. Sutton's statements regarding the building. Mr. Peters stated that the sanitary facilities were destroyed by the City in a previous abatement action. Council Member Estrada made a motion, seconded by Council Member Flores, that the request for continuance be denied; that the hearing be closed; that the Board of Building Commissioner's decision to abate the public nuisance at 1091-1095 W. Fifth Street and to lien the property in the amount of $333.90, plus any future costs, be upheld and staff instructed to continue with the demolition and cleaning of said property. Mark Sutton, Director of Building and distributed pictures taken the morning of the showing the dangerous condition of the building. Safety, meeting Mr. Peters stated that the pictures represent the integrity nor the beauty of He also stated that it is not substandard, with the regulations of today, as well as that will be required in 1990. do not fairly the building. but complies the standards . - 8 - 8/1/88 . . Deputy city Attorney Empeno stated he concurred with Mr. sutton's comments and that all procedures have been followed to support the motion. However, since Mr. Peters has only responded to questions, he recommended that the Council give him the opportunity to provide his defense to the motion. Mr. Peters stated he had not been given due process, for several reasons: that the Council did not have complete information; that the membership of the Board of Building Commissioners was not properly constituted; and that he had not been allowed a continuance. Council Member Miller made a substitute motion, seconded by Council Member Reilly, that the hearing regarding nuisance abatement costs at 1091-1095 W. Fifth Street, be continued to August 15, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The Council Council None. motion failed by the following vote: Members Reilly, Pope-Ludlam, Miller. Members Estrada, Flores, Maudsley, Minor. Ayes: Noes: Absent: . Council Member Estrada repeated the original motion that the hearing be closed; the Board of Building Commissioner's decision to abate the public nuisance at 1091-1095 W. Fifth Street and to lien the property in the amount of $333.90, plus any future costs, be upheld and that staff be instructed to continue with the demolition and cleaning of said property. Mr. Peters referred Agenda backup, in which and explained why he felt to Exhibit "A" in the the Code violations are they were inaccurate or Council listed, untrue. Mr. Peters inadequacies in repair them. stated that if there were any genuine the structure, he was willing and able to The original motion by Council Member by the following vote: Ayes: Council Reilly, Flores, Maudsley, Minor. Noes: Pope-Ludlam, Miller. Absent: None. Estrada carried Members Estrada, Council Members ROGER DUMAS - THE SWORD - ASKED TO LEAVE Mayor asked Roger Dumas, also known as "The leave the podium, where he had been standing Public Comments portion of the meeting. Sword", to since the (Cl . COUNCIL MEMBERS ESTRADA AND POPE-LUDLAM EXCUSED Council Members Estrada and Pope-Ludlam left the Council Meeting. - 9 - 8/1/88 . PUBLIC HEARING - FEE ADJUSTMENTS - PUBLIC WORKS DEPARTMENT'S PROGRAM EXPANSION PROPOSAL This is the time and place set for a pUblic hearing to consider the Public Works Department's program expansion proposal and fee adjustments. (12) In a memorandum dated June 8, 1988, Roger Hardgrave, Director of Public Works/City Engineer, explained that Resolution No. 85-258 set fees based on the amount of construction. The proposed resolution provides that the fees be based on a percentage of the construction costs: 0.25% for the plan check and 0.30% for the inspection fee. A 1987 survey of surrounding cities showed the above recommended percentages to be about midway in the fee structure. If adopted, the resolution will provide an equal basis for the inspection and plan check fees based on the amount of work to be performed by the City. Mayor Wilcox opened the pUblic hearing. Gene Klatt., Assistant City Engineer, explained the fee structure and answered questions. City Clerk Clark stated that no protests had been received. . Assistant City Attorney Empeno explained that the effective date of the resolution, if adopted today, would be August 1, 1988. However, according to State law, the new fees for housing units could not be collected for 60 days, and for other types of non-housing construction, it would be 30 days. Council Member Flores Council Member Reilly and hearing be closed. made a motion, seconded by unanimously carried, that the COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council Meeting. City Clerk Clark read the titles of the resolutions. . RES. 88-284 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING ON-SITE IMPROVEMENT PLAN REVIEW FEES AND PERMIT FEES. (12) RES. 88-285 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 83-201 ENTITLED IN PART, "RESOLUTION MODIFYING FEES . . . ENGINEERING SERVICES . . ." ESTABLISHING PLAN CHECK AND INSPECTION FEES AND INCORPORAT- ING RESOLUTION NO. 83-228 AMENDMENTS. (12) - 10 - 8/1/88 ! Council Member Flores made a motion, seconded by Council Member Minor, that said resolutions be adopted. . Resolution Nos. 88-284 and 88-285 were following vote: Ayes: Council Members Maudsley, Minor. Noes: None. Absent: Estrada, Pope-Ludlam, Miller. adopted by the Reilly, Flores, Council Members COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. PUBLIC HEARING - FEE ADJUSTMENTS - PLANNING DEPARTMENT'S PROGRAM EXPANSION PROPOSAL This is the time and place set for a pUblic consider the Planning Department's program proposal and fee adjustments. hearing to expansion (13) In a memorandum dated July 14, 1988, Michael Loehr, Interim Planning Director, stated that Section 54990 of the Government Code requires that fees for planning services not exceed the estimated reasonable cost of providing said services. Mr. Loehr described types of applications processed, and provided four basic approaches to planning fees. Mayor Wilcox opened the hearing. . Mr. Loehr, Interim Planning Director, the last major fee evaluation was done recommended approval of the proposed fees. explained that in 1983, and City Clerk Clark stated that no protests had been received. Council Member Minor made a motion, seconded by Council Member Flores and unanimoUSly carried, that the hearing be closed; and that the City Attorney be instructed to prepare the necessary resolutions. COUNCIL MEMBERS ESTRADA AND MILLER RETURNED Council Members Estrada and Miller returned to the Council Meeting and took their places at the Council Table. PUBLIC HEARING - CAT LICENSING This is the time and place set consider a cat licensing program. PROGRAM for a pUblic hearing to (14) In a memorandum dated July 18, 1988, Deborah Biggs, Director of the Animal Control Department, presented a report regarding the problems in controlling the increased number of stray cats in the City. She set forth . - 11 - 8/1/88 . recommendations to be included in a proposed ordinance that would help control these problems. She anticipated that the revenue for such a licensing program for the first year would be $116,357.50, the first year expenses would be $57,801.00, with a net revenue of $58,556.50. Deborah Biggs, Director of Animal Control, stated that the estimated cat population in San Bernardino is 33,728. There is a greater risk of death for stray cats than dogs and greater difficulty in locating the owners of stray cats because they are not licensed. She stated that cat licensing is becoming an accepted concept and named several cities that have adopted such a program. Ms. Biggs presented five proposed components to be included in the licensing program: 1. That all cats over the age of four months be vaccinated against rabies; 2. That all cats over the age of four months are to be licensed and wear the tag at all times; 3. That any cat found running at large without a license may be impounded; . 4. That it will be unlawful to own more than three cats. Those residents who have more than three cats when the ordinance takes effect will be grandfathered in by a no charge permit within 90 days; 5. The license fees for dogs shall apply for cats. Ms. Biggs gave statistics of possible health problems in cats, which may be transmitted to'humans, and described how requiring rabies vaccinations and controlling the number of stray cats can reduce these health problems. She stated that the proposed fees are $16.00 for an unaltered animal; $7.00 for an altered animal; $5.00 for a senior citizen owner; $3.00 for transfer of ownership; and $1.00 for replacement tags. Income from these fees would reduce the sUbsidy the Animal Control Department now receives from the General Fund. Deputy City Attorney Empeno stated that the title of the ordinance listed in the agenda should be corrected to insert the words "without tags" after the word "large" on the next to last line. John Boggs, 1160 E. 27th Street, spoke in support of the proposed ordinance and complained about the sanitation and odor problems created by a neighbor's 40 cats. . - 12 - 8/1/88 T . Theresa Dorn, 24th and "D" Streets, sanitation problems with a neighbor's many time she caught 24 cats in traps to take to also spoke cats. At the pound. of one George Finkle, a neighbor of Mrs. Dorn, complained about cats getting into his car and spraying, causing a disagreeable odor. He also complained about the noise at night during breeding season. Mayor Wilcox stated she had received a letter from the Humane Society in support of the proposed ordinance. Lupe Navarro spoke ordinance. in favor of the proposed Deputy regarding 6.24.190 A City Attorney Empeno answered the grandfathering provisions in of the proposed ordinance. questions Section Jo Orman, President of the Humane Society, spoke in favor of the proposed ordinance, stating that it helps promote responsible pet ownership, in that it requires rabies vaccination, gives financial incentives, encourages spaying or neutering and requires the wearing of tags. . Dave Light, 1165 E. 27th Street, a member of the Animal Advisory Commission, stated he thought the proposal might be a threat to people who will claim they don't own cats that run around, and that there might be difficulty in enforcing the ordinance. However, if people care for their cats, they should protect them with this ordinance. Lucille Otto, a resident of Riverside, California, stated she was in favor of spaying and neutering cats and would like to see cats confined, either inside homes, or outdoor enclosures. She objected to the requirement of collars for cats and suggested other alternatives might be found for identifying cats. She also suggested that the holding time for cats in the shelter be extended to a week to ten days. Lucy Sample, Cambridge Avenue, a resident of the Fifth Ward, an owner of many pets, stated it was very difficult to keep cats indoors, and expressed concern about the enforcement of the ordinance. She stated that her cats lose their collars frequently. Council Member Flores stated had received one telephone call the ordinance, and four letters in for the and one favor. record that he letter against . Ms. wearing wearing Biggs answered questions, stating that animals tags are held for ten days, and three days if not tags. - 13 - 8/1/88 I . Council Member Estrada Council Member Maudsley and hearing be closed. made a motion, seconded by unanimously carried, that the ORDINANCE OF THE CITY OF SAN BERNARDINO AMEND- FIRST ING SECTIONS 6.24.010 THROUGH 6.24.060; AND 6.24.170 THROUGH 6.24.180; ADDING SECTION 6.24.190 AND REPEALING SECTION 6.24.080 OF THE SAN BERNARDINO MUNICIPAL CODE LIMITING THE NUMBER OF CATS PERMITTED; REQUIRING A LICENSING FEE FOR CATS; PROHIBITING CATS RUNNING AT LARGE WITHOUT TAGS; AND REQUIRING THE VACCINATION OF CATS. (14) City Clerk Clark read the title of the ordinance. Council Member Minor made a motion, seconded Council Member Miller and unanimously carried, further reading of the ordinance be waived and ordinance be laid over for final passage. by that said RES. 88-286 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING LICENSE FEES FOR DOGS AND CATS. (14) City Clerk Clark read the title of the resolution. . Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. Resolution No. 88-286 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. PUBLIC HEARING - FEE ADJUSTMENT AND PROGRAM EXPANSION - ANIMAL CONTROL DEPARTMENT This is the time and place set for a pUblic hearing to consider the Animal Control Department's program expansion proposal and fee adjustments (citation/spay-neuter tracking program). (15) . In a memorandum dated June 28, 1988, Deborah Biggs, Director, Animal Control Department, stated that fines generated from citations issued by Animal Control have been collected by the San Bernardino County Municipal Court District on the City's behalf and deposited in the General Fund. No documentation is received that gives any details about the money generated. Funds generated for - 14 - 8/1/88 I ----' FY 87-88 were $18,308.57 as of April 30, 1988. were received in May. No funds . staff is proposing to change the citation procedure, and collect penalties in a manner similar to the parking citation process in Public Buildings. An administrative hearing process would be established for those who wish to contest the citation. Appeals would be processed through the County Court system. In her memorandum, Ms. Biggs also explained that the State of California requires that no animal shelter shall sell any dog or cat that has not been spayed or neutered unless a deposit for such surgery has been collected. Prior to 1987, no tracking system existed for the spay-neuter trust account. Such a system is now in place. If the proposed mandatory spay-neuter policy is adopted, the workload will increase significantly. Staff is proposing the hiring of one Animal Shelter Office Specialist to coordinate the administrative functions for this program. The cost for this would be $27,788, with revenue of $46,534, leaving net revenue of $18,746. Mayor Wilcox opened the hearing. City Clerk Clark stated that no protests had been received. . Deborah Biggs elaborated on the information contained in her memorandum of June 28, 1988, and answered questions. She stated that the Animal Advisory Commission would not be used as a hearing board for appeals on citations. Either she or Tobe Collins, Shelter Operations Manager, would act as hearing officer. Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the hearing be closed, and that the program be approved as recommended contingent upon execution of a memorandum of understanding between the City of San Bernardino and the San Bernardino County Municipal Court District for the purpose of accepting pleas of not guilty and receiving bail on animal control citations. 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. . COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meeting and took her place at the Council Table. - 15 - 8/1/88 T . PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT FLOAT LOAN - SHOPPING CENTER - BASELINE STREET AND MEDICAL CENTER DRIVE This is the time and place set for a pUblic hearing to consider a Community Development Block Grant Float Loan for a shopping center at Baseline Street and Medical Center Drive. (R-l0) In a memorandum dated July 27, 1988, Ken Henderson, Director of the Community Development Department, explained the background of the HUD application for Urban Development Action Grant funds for the construction of a shopping center at Baseline Street and Medical Center Drive. Mr. Henderson summarized the current status of the project and set forth the method of financing necessary to complete the project. Mr. Henderson, Director of the Community Development Department, explained the financial provisions for the shopping center at Baseline and Medical Center Drive and stated that the City will be repaid its full loan with interest at the end of three years. Mr. Henderson stated that the financing provided by the City, the County and the Redevelopment Agency is considered a form of private financing. . RES. 88-287 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A LOAN OF A PORTION OF INTERIM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE BASELINE/MEDICAL CENTER DRIVE PROJECT. (R-l0) City Clerk Clark read the title of the resolution. Mr. Henderson answered questions regarding letters of credit and the risk assumed by the developer. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that the hearing be closed, that further reading of the resolution be waived and that said resolution be adopted. Resolution No. 88-287 was adopted by the fOllowing vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. READING AND WAIVING OF RESOLUTIONS ON COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY AGENDA City Clerk Clark read the titles of all the resolutions on the Community Development Commission/ Redevelopment Agency Agenda. . - 16 - 8/1/88 ". . Council Member Pope-Ludlam made a motion, seconded by council Member Estrada and unanimously carried, that further reading of all the resolutions on the Community Development Commission/Redevelopment Agency Agenda be waived. RES. 88-288 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A LEASE BETWEEN THE CITY OF SAN BERNARDINO AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO RELATING TO THE PUBLIC ENTERPRISE CENTER - WESTS IDE DROP-IN CENTER. (R-12) Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 88-288 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. . RES. 88-289 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO RELATING TO LEGAL SERVICES. (R-13) Council Member Flores made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 88-289 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Pope-Ludlam, Miller. Absent: None. by the following Reilly, Flores, Noes: None. RES. 88-290 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FOR WEED ABATE- MENT SERVICES RELATING TO AGENCY-OWNED PROP- ERTIES. (R-15) Council Member Miller made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 88-290 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Pope-Ludlam, Miller. Absent: None. by the fOllowing Reilly, Flores, Noes: None. . - 17 - 8/1/88 .. \( . RECESS MEETING - CLOSED SESSION At 11:50 a.m., Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the Community Development Commission/ Redevelopment Agency meeting recess to a Closed Session pursuant to the following: Government Code Section pending litigation captioned - Loan, etc.. et al. 54956.9(a) to consider the State Colleqe - West Side CDC (R-16) Government Code Section 54956.9(c) prospective litigation. to discuss (R-17) CLOSED SESSION At 11:50 a.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 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; Sr. Assistant City Attorney Barlow, Acting City Administrator Robbins. Absent: City Clerk Clark. . Also present from the Redevelopment Agency: John Hoeger, Development Specialist; Lorraine Velarde, Manager, Administrative Services. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 11:57 a.m., Council Member Pope-Ludlam left the Closed Session. ADJOURN CLOSED SESSION At 12:05 p.m., the Closed Session adjourned to the Regular Meeting of the Community Development Commission/ Redevelopment Agency in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 12:05 a.m., the Regular Meeting of the Community Development Commission/Redevelopment Agency reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . ROLL CALL Roll Call was taken by the City Clerk with the following being present: Mayor Wilcox; Council Members Reilly, Flores, Maudsley, Minor; Sr. Assistant City Attorney Barlow; City Clerk Clark, Acting City Administrator Robbins. Absent: Council Members Estrada, Pope-Ludlam, Miller. - 18 - 8/1/88 " . CLOSED SESSION CONTINUED Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the Closed Sessions pursuant to Government Codes 54956.9(a) eState Colleqe - West Side CDC - loan. etc.. et al.) and 54956.9(c) be continued to August 15, 1988, in the Council Chambers of Ci ty Hall, 300 North "D" Street, San Bernardino, California. RECESS MEETING - GENERAL PLAN WORKSHOP At 12:07 p.m., the Regular Meeting of the Mayor and Common Council recessed to the Redevelopment Agency Board Room, Fourth Floor, City Hall, 300 North "D" Street, San Bernardino, California, for a workshop to discuss the General Plan. GENERAL PLAN WORKSHOP At 12:35 p.m., Mayor Wilcox called the Workshop to order in the Redevelopment Agency Fourth Floor, City Hall, 300 North "D" Bernardino, California. General Plan Board Room, Street, San (39) . ROLL CALL Roll Call was taken by Deputy City Clerk Reese with the following being present: Mayor Wilcox; Council Members Reilly, Flores, Maudsley, Minor, Miller; Deputy City Attorney Empeno, Deputy City Clerk Reese, Acting City Administrator Robbins. Absent: Council Members Estrada, Pope-Ludlam. Also present: Planning Commissioner Bob Stone; Members of the Citizens Advisory Committee: Helen Kopczynski, James Lorenz, John Traver, Wade Byars, Bob Heeren, Betsy Starbuck; Phil Arvizo, Executive Assistant to the Council; Patty Gonzales, Administrative Assistant to the Mayor; Deputy City Administrator Richardson; Michael Loehr, Interim Planning Director; Vince Bautista, Principal Planner; John Hoeger, Development Specialist, Redevelopment Agency; Katherine Peake, Executive Secretary, Redevelopment Agency; Lee Redmond, representing O'Donnell, Armstrong, Beigham & Partners. STATE COLLEGE BUSINESS PARK PRESENTATION Mr. Lee Redmond, representing O'Donnell, Brigham & Partners, gave a presentation on the of the State College Business Park. Armstrong, development COUNCIL MEMBER ESTRADA ARRIVED At 12:40 p.m., Council Member Estrada arrived at the workshop. Mr. Redmond explained that a great deal of landscaping will be required in the park, described the set-back . - 19 - 8/1/88 ~ requirements and type of construction, and stated they plan to make it a very attractive project. . Mr. Redmond stated that a marketing program has been started to encourage business to locate in the park, with an incentive of lower land costs than in neighboring areas. He mentioned various projects that are planned, including three buildings by developer Russ Hatle, a 70 unit Rodeway Inn, mini-storage, Shell Oil facility, and J & P Foam Company. Mr. Redmond answered aspects of the construction of windows, stating that a in industrial buildings for questions regarding various of the buildings, and the use lot of windows are not wanted security reasons. Interim Planning Director Loehr stated that a General Plan must be valid today and also be effective in five to twenty years. Studying major projects such as the State COllege Business Park, will give insight in jUdging what will work in the General Plan. Betsy Starbuck, member of the CAC, expressed concern regarding fire safety. . Jim Richardson, Deputy City Administrator, stated that the Interim POlicy Document had a lot of area devoted to commercial and industrial uses and stated that the consultants were concerned whether there are sufficient resources to support that much industrial development. Helen KopczynSki, member of the CAC, spoke regarding the need for higher standards. Mr. Lorenz, a member of the CAC, spoke regarding the need for more jobs in the City and keeping the citizens here in the area. Interim Planning Director Loehr explained that when the City goes through the General Plan process there will be several questions regarding standards: Does the City want to increase them from what they are today, and does the City want to apply different standards to different areas in the City? . John Traver, Chairman of the CAC, stated that he had been asked by the CAC to contact the Mayor and Common Council to express the Committee's feelings that the Council is too quick to change some of their recommendations after they had spent a great deal of time and thought on them. The Committee monitored two specific issues through the the Planning Commission and Council process and felt changes were made without sufficient thought being given to them. - 20 - 8/1/88 . He felt that these combined meetings were very helpful in keeping everyone up to date. . Wade Byars, a member of the CAC, stated he thought the purpose of the CAC was to submit proposals and suggestions in a cooperative way and help establish guidelines for the betterment of the City. Mr. Loehr suggested that input from the CAC and Planning Commission be made early in the planning schedule, so that recommendations are not coming in at the last minute. He also suggested that any presentations and recommendations by the CAC be made jointly to the Planning Commission and to the Council. Helen Kopczynski stated that when the Committee was working on the Interim Planning Document, they received information from the consultants, 3/4 of which had still not been reviewed by the Committee. She stated she would not like to see that same thing happen with the General Plan. Mr. Loehr described the difficulties of making major change in the General Plan in such a short time. . He stated his understanding of the function of the CAC is to review the consultants' recommendations and develop a presentation on the recommended goals and plans for the long term General Plan program. It was the consensus of those present that the workshops are beneficial to all involved in the General Plan process and should be continued on a regular basis. Mayor Wilcox stated that such workshops had been scheduled for the first Council meeting of each month. RECESS WORKSHOP At 1:40 p.m., Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the meeting be recessed to 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:14 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . ROLL CALL Roll Call was taken following being present: Reilly, Flores, Maudsley, Attorney Empeno, City by City Clerk Clark with the Mayor Wilcox; Council Members Minor, Miller; Deputy City Clerk Clark, Acting City - 21 - 8/1/88 ;,-.-,..:; Administrator Robbins. Absent: Council Members Estrada, Pope-Ludlam. . RES. 88-291 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING THE INTERIM POLICY DOCU- MENT RELATING TO DEVELOPMENT STANDARDS PEND- ING ADOPTION OF A FINAL GENERAL PLAN (Con- tinued from earlier in the meeting) (18) City Clerk Clark read the title of which was the same for three versions of being presented. the resolution, the resolution CITY ATTORNEY PENMAN ARRIVED City Attorney Penman arrived and replaced Deputy City Attorney at the Empeno. Council Meeting Mayor Wilcox stated that the three versions would be identified as follows: Version A is in the agenda backup; Version B is the one with lines drawn out on page 2; and Version C is the remaining version. COUNCIL MEMBER ESTRADA ARRIVED At 2:22 p.m., Council Member Estrada arrived at the Council Meeting and took her place at the Council Table. . A discussion ensued regarding the of the resolution and the type of range permitted in each. different versions housing and density City Attorney Penman answered questions, stating that the only changes in the different versions of the resolution were in Section 3, identified as "71". He read the changes in each resolution and stated that Version "B" is the most flexible and allows for single family units, but that each is legally acceptable. Mr. Penman stated that one problem in allowing single family homes in an area that is zoned for multi-family apartments is that the people in single family homes start complaining that they don't want any more multi-family units in the neighborhood. Council Member Reilly Council Member Flores, that be adopted. (Vote is given made a Version on page motion, seconded by "B" of said resolution 23) City Attorney Penman answered questions, stating that if this resolution is adopted today, the zone change requests from this point on become moot, and would free the Mayor and Common Council and Planning Commission to spend more time on developing the new General Plan. If there are some cases that are different than on the map, . - 22 - 8/1/88 ,c'". the procedure would be to amend the Interim Policy Document. . John Montgomery, Principal Planner, answered questions, stating that all revisions have been transferred to the large scale map, which makes interpretations easier. Resolution No. 88-291, Version "B" was adopted by the following vote: Ayes:. Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. CITY ATTORNEY PENMAN EXCUSED City Attorney Penman left the Council Meeting and was replaced by Deputy City Attorney Empeno. . CHANGE OF ZONE NO. 88-3 - FROM M-2 GENERAL INDUSTRIAL TO C-M COMMERCIAL-MANUFACTURING - SUBDIVIDE TEN ACRES INTO NINE PARCELS - HANFORD FOUNDRY - RIALTO AVENUE BETWEEN ARROWHEAD AND SIERRA WAY - PARCEL MAP NO. 11475 - CONTINUED FROM JULY 18, 1988 This is the time and place continued to for consideration of an application for Change of Zone 88-3, to change the zone from M-2, General Industrial, to C-M, Commercial-Manufacturing, to subdivide the ten acres into nine parcels of unequal size, and consideration of Parcel Map No. 11475. The applicant is W. R. Hendrix & Associates for owner, Hanford Foundry, for property located on the south side of Rialto Avenue between Arrowhead Avenue and Sierra Way. (46) CHANGE OF ZONE NO. 88-4 - FROM C-1 NEIGHBORHOOD COMMERCIAL TO C-2 COMMUNITY COMMERCIAL - UNIVERSITY SQUARE - KENDALL DRIVE AND UNIVERSITY PARKWAY - CONTINUED FROM JULY 18, 1988 This is the time and place continued to for consideration of a request for Change of Zone No. 88-4 to change the zone from C-l, Neighborhood Commercial, to C-2,Community Commercial. The applicant is Dennis Stafford for owner, University Square. The project is located on the southeasterly corner of Kendall Dr. and University Parkway and consists of approximately 2.4 acres. (47) . ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPO- RATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 85-9 LOCATED ON THE WEST SIDE OF TIPPE- CANOE AND SOUTH OF BASELINE), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (Continued from July 18, 1988) (50) - 23 - 8/1/88 , . ~"~. . Michael Loehr, Interim Planning Director, stated that pursuant to previous discussion and recommendations of the City Attorney (see item 18, page 22) there are several options in dealing with these three items: withdraw them from the agenda; ask the applicants whether they wish the Council to proceed in their consideration; request a continuance; or to approve them and not accept any further applications. John Montgomery, Principal three of these applications Interim Policy Document. Planner, stated are consistent that all with the Deputy City Attorney Empeno stated that if the applicants wishes to proceed, he felt the Council should proceed with the formality of the zone change, even though each case is consistent with the Interim POlicy Document. Even if they were denied by the Council, the zone changes could proceed based on the fact that they are consistent with the Interim Policy Document. Interim Planning Director Loehr recommended that these items be continued and the property owners notified that they can proceed automatically. If they desire to proceed with the zoning, they should contact the Council. The owner of the project listed as Item 47 has indicated his desire to proceed. . Acting City Administrator Robbins recommended that hearing be opened, that information be provided by applicant, and findings be made that the project consistent with the Interim Policy Document. Then hearing could be closed, the findings announced and matter would be completed. the the is the the City Clerk Clark suggested that a solution might be to make a finding that the property, as zoned, is presently in conformance with the Interim Policy Document, then file this action. For the record, there has to be a method of closing the matter, as it has started through the process and has to be finalized. She suggested language that could be used as a motion. Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the Council finds that the request for zone changes 88-3, 88-4, and 85-9 are already addressed in the Interim Policy Document and are consistent with the land use designation map. Therefore no further action is necessary, and the projects may proceed. Deputy City Attorney Empeno answered questions, stating the motion was an appropriate one. . - 24 - 8/1/88 . ',; . APPEAL - PLANNING COMMISSION'S DENIAL - CONDITIONAL USE PERMIT NO. 87-15 - EXTENSION OF TIME - ARCO PETROLEUM PRODUCTS CO. - NORTHWEST CORNER OF SECOND AND "G" STREETS This is the time and place set to hear an appeal filed by P. D. Lippert, Real Estate Representative for ARCO Petroleum Projects Co., on the Planning Commission's denial of an extension of time for Conditional Use Permit No. 87-15 from May 6, 1988, to May 6, 1989. The project is an auto service station and convenience food store with off-site sale of beer and wine in the C-4, Central Business District, and is located on the northwest corner of Second and "G" Streets. (48) In a memorandum dated July 15, 1988, Michael Loehr, Interim Planning Director, explained that on May 6, 1987, CUP No. 87-15 was approved by the Planning Commission to permit the construction and operation of an auto service station and convenience food store with off-site sale of beer and wine. An extension of time was requested due to budgeting reasons. Subsequently, the Police Department cited an undue concentration of off-site alcohol licenses in the reporting district. Mayor Wilcox opened the hearing. . John Montgomery, Principal Planner, explained the background of this proposed project and stated that the extension of time granted in 1987 had expired in May of this year. Roger Moore, representing Atlantic Richfield, explained that the extension of time is requested so that ARCO may pursue obtaining an off-site alcohol license from the ABC, as their previous request had been denied. He stated it would be unprofitable to operate the proposed business without a liquor license. The project would not go forward unless the extension of time is approved. Mr. Moore answered questions regarding efforts to obtain a liquor license from the ABC. Deputy City stating that the filed before the Attorney Empeno answered questions, request for an extension of time had been time had expired. A discussion in determining downtown area. ensued regarding the census figures used the ratio of liquor licenses in the . Mr. mini-mart appearance the AM-PM Moore stated that he felt that the proposed project would improve the circulation and of the corner in question. He explained that convenience stores are operated through a - 25 - 8/1/88 , ~. . . franchise and governed by franchise laws. He stated that ARCO won an award for their outstanding alcohol awareness program through the use of the AM-PM mini marts. council Member Estrada Council Member Reilly and hearing be closed. made a motion, seconded by unanimously carried, that the Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the decision of the Planning Commission be affirmed, and that the appeal and the request for an extension of time for Conditional Use Permit No. 87-15 be denied. AMENDMENT TO MUNICIPAL CODE SECTION 19.60.100 - TEMPORARY SIGNS - CONTINUED FROM JULY 18, 1988 This is the time and place continued to for discussion on the proposed amendment to Municipal Code Section 19.60.100 regarding temporary signs. (49) In a memorandum dated June 29, 1988, Ann Siracusa, former Planning Director, included documents regarding the amendment to Section 19.60.100 of the San Bernardino Municipal Code regarding the use of temporary signs. The purpose of the proposal is to place greater restrictions on the use of temporary signs for businesses in the City. No comments for or against the ordinance were received. . John Montgomery, present prov1s1ons in being proposed. Principal Planner, explained the Municipal Code, and what the is Mayor Wilcox emphasized the need for enforcement of the new provisions if they are adopted. Acting City Administrator Robbins stated that the addition of new Code Compliance Officers would increase the ability to enforce code provisions. He also suggested that Code Compliance Officers be available to work on weekends. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.60.100 SUBSECTIONS A AND B OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING TEMPORARY SIGNS. FIRST (49) City Clerk Clark read the title of the ordinance. . Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, to adopt the Negative Declaration and approve the findings and the recommendation of the Planning Commission, that the first reading of the ordinance be waived and said ordinance be laid over for final passage. - 26 - 8/1/88 ~.,.~. . , ....j:. >:',':'.:....:"F.. "','.r,,"., '-T . RES. 88-292 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH KENNETH R. WHEELER TO PERFORM CONSULTING SERVICES FOR THE PLANNING DEPART- MENT. (28) Council Member Reilly made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 88-292 was 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 ESTABLISHING WAGES, HOURS AND WORKING CON- DITIONS FOR EMPLOYEES IN THE GENERAL EMPLOYEES BARGAINING UNIT OF THE CITY OF SAN BERNARDINO. (27) Mayor Wilcox stated that further information is needed before final action can be taken on said resolution. By consensus of the Council, said resolution was continued to August 15, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . Council Member Estrada Council Member Minor, that adopted: made a motion, seconded by the following resolutions be RES. 88-293 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECU- TION OF A SMALL BUSINESS LOAN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MARGARET ANN'S ART, FRAMING AND GIFT GALLERY IN THE AMOUNT OF $50,000.00. (22) RES. 88-294 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECU- TION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO DOWNTOWN MAIN STREET, INC. (23) RES. 88-295 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND DANCE THEATRES, INC. FOR THE PROMOTION OF ARTS AND CULTURE. (24) . - 27 - 8/1/88 '-",," .::fIl"'''~'"'.r' . . . ". .-""--',., -'1/-'" RES. 88-296 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 EN- TITLED IN PART "A RESOLUTION . . . ESTABLISHING A BASIC COMPENSATION PLAN. . .", BY DELETING THE POSITION OF CABLE TELEVISION COORDINATOR AND ADDING THE POSITION OF DIRECTOR OF TELE- COMMUNICATIONS AT RANGE 4147 ($3118-3800\MO.) EFFECTIVE JULY 4, 1988. (25) RES. 88-297 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433 EN- TITLED IN PART " A RESOLUTION . . . CREATING AND ESTABLISHING POSITIONS FOR THE VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO"; BY DELETING THE POSITION OF TYPIST CLERK II AND ESTABLISHING THE POSITION OF SECRETARY IN THE CITY CLERK OFFICE. (26) Resolution Nos. 88-293, 88-294, 88-295, 88-296, 88-297 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. Council Member Flores made a motion, seconded by Council Member Maudsley, that the following resolutions be adopted: RES. 88-298 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1988-89 ASSESSMENT ROLL, CENTRAL CITY PARKING DISTRICT. (29) RES. 88-299 - A RESOLUTION OF THE BERNARDINO CONFIRMING THE 1988-89 ROLL, EXPANSION OF FACILITIES FOR CITY PARKING DISTRICT. CITY OF SAN ASSESSMENT THE CENTRAL (29 ) RES. 88-300 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1988-89 ASSESSMENT DISTRICT NO. 958, SEWER AND SEWER LIFT STATION CONSTRUCTION, PEPPER AVENUE AND MILL STREET AREA. (30) RES. 88-301 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 EN- TITLED IN PART "A RESOLUTION . . . PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF. . ." TO ESTABLISH A NO PARKING ANYTIME ZONE ON THIRTIETH STREET BETWEEN THE WEST CURB LINE OF "H" STREET AND A POINT 100 FEET WESTERLY THEREOF, APPLICABLE TO THE SOUTH SIDE ONLY; ON "H" STREET BETWEEN THE SOUTH CURB LINE OF THIRTIETH STREET AND A POINT 150 FEET SOUTHERLY THEREOF. (31) - 28 - 8/1/88 -"'T- -;W'["" ","1 . ',; _ '""',c.~,. ." ','" -.....:', .'-"" -, '!'I>F....,. . RES. 88-302 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 EN- TITLED IN PART, "A RESOLUTION. . . PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF. . ." TO ESTABLISH A NO PARKING ZONE ON PORTIONS OF RIVERVIEW DRIVE BETWEEN A POINT 243 FEET WEST OF MT. VIEW AVENUE AND A POINT 453 FEET WEST OF MT. VIEW AVENUE, APPLICABLE TO THE NORTH SIDE ONLY. (32) Resolution Nos. 88-298, 88-299, 88-300, 88-301 and 88-302 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. Council Member Minor made Council Member Miller that the adopted: a motion, seconded by fOllowing resolution be . RES. 88-303 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUB- DIVISION TRACT NO. 12413, LOCATED ON THE EAST SIDE OF PALM AVENUE, APPROXIMATELY 595 FEET NORTH OF THE CENTERLINE OF OHIO AVENUE, ACCEPT- ING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (33) Resolution No. 88-303 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. READING AND WAIVING OF ORDINANCES City Clerk Clark read the titles of all the ordinances on the Council Agenda. Council Member Reilly made a motion, Council Member Miller and unanimously further reading of all the ordinances Agenda be waived. seconded by carried, that on the Council Council Member Reilly Council Member Miller that adopted. made a motion, seconded the following ordinance by be . - 29 - 8/1/88 -,""', 1;'~: --::"-- '.. ,-,~ ORD. MC-632 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO REZONING FOUR PARCELS OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECTION 19.06.020 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. (34) . Mayor Wilcox explained that this ordinance has to do with property adjacent to the Indian Bingo Parlour. Ordinance MC-632 was adopted by the fOllowing vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 9.90.010 SUBSECTION (A) OF THE SAN BERNARDINO MUNICIPAL CODE TO AUTHORIZE THE DIRECTOR OF ANIMAL CONTROL, ANIMAL LICENSE CHECKERS, ANIMAL SHELTER ATTENDANTS AND ANIMAL HEALTH TECHNICIANS TO ISSUE NOTICES TO APPEAR FOR VIOLATIONS OF TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE. . ORDINANCE OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE MAYOR AND COMMON COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALI- FORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND REPEALING ORDINANCE NUMBER MC-360. FIRST (35) FIRST (36) Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that said ordinances be laid over for final passage. REIMBURSEMENT OF PARK DEVELOPMENT FEES - ROBERTSON HOMES - INDIAN CREEK PROJECT - TENTATIVE TRACT NO. 12896 - CONTINUED FROM JULY 18, 1988 This is the time and place continued to for consideration of 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. (37) Deputy City Attorney Empeno explained that the developer is agreeable to the bond and they are in the process of finalizing the language for adoption. . - 30 - 8/1/88 r....:"'"......._-.,r:r;'"!i~~..,.'....-"'i.,--.V"<7F<"'...'.' .. "1'" ,..'\,.'1r"'I'."-":, '_- -,--r.,.,..-:, .,_...... .. _:'~~'-\",'i":".. ';w:."'" ''''i:':;~/\'' '::''''Ill!I!'-'~('Z'::'~,,:-W:,' . Mr. Empeno answered questions, stating he research the question of whether or not this is that is open to the public. would a park Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that consideration of the reimbursement of Park Development Fees to Robertson Homes, Developer of the Indian Creek Project be continued to August 15, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. REQUEST FROM FINE ARTS COMMISSION - PERMIT CIVIC LIGHT OPERA ASSOCIATION TO INCREASE FEES - CALIFORNIA THEATER - CONTINUED FROM JULY 18, 1988 This is the time and place continued to for consideration of a request from the Fine Arts Commission to permit the Civic Light Opera Association to increase fees for use of the California Theatre. (38) Representatives were not present to speak for the Fine Arts Commission nor the California Theater. . Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the request to increase fees for use of the California Theater be continued to August 15, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. DELMANN HEIGHTS SR. NUTRITION PROGRAM - REQUEST FOR CDBG PROJECT FUNDS TRANSFER - STOVE REPLACEMENT In a memorandum dated July 20, 1988, Kenneth Henderson, Director of Community Development, stated that the Community Development Department had received a request from the Parks, Recreation & Community Services Department for a transfer of funds in the amount of $5,000 from the FY 1988/1989 CDBG funded sports courts renovation project. Said funds would be used to pay for the upgraded stove replacement needed at the Delmann Heights Senior Nutrition site. The existing stove has been fire damaged and is substandard for use. (40) Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that the transfer of $5,000 in CDBG funds from perris Hill Park Tennis Court resurfacing project to Delmann Heights Senior Nutrition Program, be approved. . - 31 - 8/1/88 ,~~ '[r . DEMOLITION OF EIGHT APARTMENT UNITS - 1263 N. MT. VERNON AVENUE - AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated July 20, 1988, Kenneth Henderson, Director of Community Development, stated that on July 7, 1988, the Building and Safety Department and City Attorney's Office took action to condemn eight apartments units located at 1263 N. Mt. Vernon Avenue. On July 8, 1988, Mr. Cha, owner, contacted Community Development staff for financial assistance in the demolition. The Community Development Citizen Advisory Committee considered the request, and although a quorum was not present, those present recommended assistance in the form of a loan. (41) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that staff be authorized to advertise for bids for the demolition of eight apartment units located at 1263 N. Mt. Vernon Avenue, San Bernardino. . SENIOR HOUSING COMPLEX - 17TH AND FLORES - AUTHORIZATION FOR RFP'S - UNDERWRITER/ FINANCIAL ADVISOR SERVICES - BOND ISSUE - IMPROVEMENTS In a memorandum dated July 21, 1988, Kenneth Henderson, Director of Community Development, stated that the concept of a 50 unit senior citizen apartment complex in conjunction with the Housing Authority of San Bernardino County and the San Bernardino Community Hospital had been approved in November, 1986. On June 20, 1988, the Mayor and Common Council received and filed a status report and directed staff to prepare a financing plan. Mr. Henderson described details of the proposal. (42) Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that staff be authorized to issue Request for Proposals (RFP) for bond underwriting/financial advisor services for issuance of bond not to exceed 2.0 million to finance onsite and offsite improvements for fifty (50) unit Senior Housing Complex at the corner of 17th and Flores Streets. LEGISLATIVE REVIEW COMMITTEE REPORT - JULY 21, 1988 - COUNCIL MEMBER MAUDSLEY Council Member Maudsley, Acting Chairman of the Legislative Review Committee, presented the report of the Legislative Review Committee meeting held on July 21, 1988. The following items were included on the agenda: (43) . 1. Request to Discuss Internal Procedure CurrentlY Beinq Used by City in Connection - 32 - 8/1/88 r -:,,----~~;7:;yT~: ,,~,P":" -~j: ,.)'J' "-'" ,. ~~F:"'r"."{~f~"-'fP"\""'''-''-}~''J;':'. "'~~'W"~7'Y, "t;r ~,..: -'r"'- '\ll,'Jf"F ":~:~~~~lf;, . with Measure HH - The Committee received reports from the Citizens for Responsible Research, The Humane Society and the Animal Advisory Commission (attached). The Committee recommended, if not already on the books, the motion made and approved by the Animal Advisory Commission to officially endorse the current availability and adoption policies of the City of San Bernardino Animal Control Division. This resolution, if necessary, will be on the August 15, 1988, Council Agenda. A commendatory resolution from the Humane Society was presented to the Committee. The Committee requested it be placed in Ms. Deborah Biggs' personnel records and that it be read at the August 1st Council meeting. Accusations regarding the Fifth Ward appointee, made by letter from the Citizens for Responsible Research, was vehemently refuted by Councilman Minor. The members from that organization had already departed after reading their letter into the record. . 2. Ordinance to Limit Campaiqn Contributions - Continued to second meeting in August. The City Attorney briefed on a new law regarding campaign funds. Although a clarification has been requested from the Fair Political Practices Commission, Mr. Penman advised that the law will require all campaign chests to be depleted by the end of December. The Fair Political Practices Commis- sion will render a ruling the week of July 25, 1988. CITY ATTORNEY PENMAN ARRIVED City Attorney Penman arrived at the Council Meeting. Mr. Penman explained provisions of a new law governing campaign funds. A member of the Fair Political Practices commission recommended that Mr. Penman advise candidates that they should plan to run two financial compaigns - one for 1988 and one for 1989, if their campaign will overlap two calendar years. It is almost a certainty that any money in any campaign funds as of January 1, 1989, may not be expended for the election of a candidate, but may be used for other lawful purposes. . Mr. Penman explained other provisions, which he felt might be unconstitutional, i.e., that a candidate may not prepay expenses for 1989; and that any purchase, such as a duplicator, with funds from 1988 funds, cannot be used in a campaign after January 1, 1989, unless the purchase was made prior to June 1, 1988. There are two dates that pertain to this law: the effective date and the operative date (January 1, 1989). According to a section of State - 33 - 8/1/88 rc T'":J1::;;'''''''::,',:"~-~~'!>.<..,,,,~'o~~;t;'~ :'7''1~ f ~~:;';.i:'-::'~:m-':T-'7"'_"-''t':'."W'",~, "1Ilri,:~:~<_'-~~:--/>, .'-i;-- ;,,,,,.;t~~i'.-~,',': rf"";,.i:(~"~\f ':"':''::;,{;:~~';~:,'''''' ,.~ law, the effective date is the day after passage of the law. . 3. Municipal Code Chanqes Relative to Cable Television - Item continued. 4. Parkinq Trucks on Residential Streets - Item continued. 5. General Plan Interim Policy Document Discus- sion - Item continued. The recommended amendments to the Interim POlicy Document made by the City Attorney (attached) will be forwarded for approval on the August 1, 1988, Agenda. Because of con- tinuing changes and review of policy regarding this issue, it was determined that the Interim POlicy Document remain on the Legislative Review agenda. 6. Sprinkler Ordinance - Item continued to September 8, 1988. The Committee requested additional information on the cost to retro- fit and life expectancy of the system. 7. Proposed Newsrack Ordinance - Item continued. . 8. Proposed Ordinance Prohibitinq Carrvinq Exposed Weapons - The Committee determined to forward the attached ordinance amendment to the full Council without a recommendation. The ordinance will be on the August 15, 1988, agenda. 9. Proposed Charter Amendment - Prosecution of State Law Violations (Misdemeanors and Infractions) - The Committee agreed to forward this item for hearing by the full Council. Council- man Minor stated his opposition to amending the Charter. He expressed concern that additional staff would be required. The item will be heard on July 27, 1988, so that, if passed, there will be time to process the resolution in time for the November election. Deputy City Attorney Empeno answered questions regarding the proposed Charter Amendment. He stated that prosecutions would be based on evidence and facts, not on any personal likes or dislikes of individuals involved. . City Attorney Penman stated he agreed with Mr. Empeno's statement. He also explained that he had met with District Attorney Kottmeier who stated that his office was not now prosecuting the type of cases being considered, so there would be no budget savings in his office as a result of the Charter Amendment. - 34 - 8/1/88 -- - "~"'t;;,~'~'~_'?:r,,}f'l',,:"',tNW;__-',.~'!'j'~':f3U,j"~~h'~l~'"'J~" --:~.1e~ ~~.~".--':::~ ,~."",,;,~, '!?Ii( "! ''',;J:' .., ,>,~,;,..,:-. :':"<';:;~- '~.';'T~;J;. ,"'""'*"~7 -, COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council Meeting. . Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the minutes of the Legislative Review Committee meeting of July 21, 1988, be received and filed. COUNCIL MEMBER PENMAN EXCUSED Council Member Penman left the Council Meeting and was replaced by Deputy City Attorney Empeno. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. CONSTRUCTION OF WATER RESERVOIR - NORTHWEST OF UNIVERSITY PARKWAY AND CAL STATE UNIVERSITY - ADOPTION OF NEGATIVE DECLARATION In a memorandum dated July 13, 1988, Bernard Kersey, Director of Administration & Finance, Water Department, stated that the Environmental Review Committee recommended adoption of a Negative Declaration for the construction of a three million gallon water reservoir northwest of University Parkway and Cal State University, based on the Initial Study for Public Works Project No. 88-10. He stated that this reservoir is necessary to meet domestic water demand and fire flow protection for the Northpark and Shandin Hills area. (44) . Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the Negative Declaration for the construction of a three million gallon water reservoir in the Open Space District on a 109.83 acre parcel located 5,000 feet northwest of the intersection of University Parkway and California State University, be adopted. COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council Meeting and took her place at the Council Table. REQUEST FOR RECONSIDERATION - SEWER SERVICE OUTSIDE CORPORATE LIMITS - 25492 SAN BERNARDINO AVENUE - A. CAROL LACKYARD In a memorandum dated July 20, 1988, Bernard Kersey, Director, Administration & Finance, Water Department, explained the background of the request by A. Carol Lackyard for reconsideration of her request to connect property located at 25492 San Bernardino Avenue to the City sewer system. He stated that some of the information previously presented was not accurate and explained the correct information. (45) . - 35 - 8/1/88 ;'T" "-17,~ ~ '_'~"'''''_'''''-''I._,~"~,~~'''--~1't,,~,,n-~,;:~;t'''1I! ":~:"''''''';--'~'l':'c, -'t','.~ ';; l:: ".-"..,,~,-:~~?~?":::~. ~n:~ ~'?lI'. "~,:~ ;;<_~:} . Deputy City no motion to Council stands. Attorney Empeno explained that if there is reconsider, the previous action of the No action was taken. RES. 88-304 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CAS A RAMONA, INC. TO PROVIDE FOR THE OPERATION OF A DROP-IN CENTER LOCATED AT 1524 WEST 7TH STREET, SAN BERNARDINO, CALIFORNIA. (S-l) City Clerk Clark read the title of the resolution. Council Member Estrada participating in this issue interest. stated she would abstain from due to a possible conflict of COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that further reading of the resolution be waived. . Annie Ramos, Director of Parks, Recreation & Community Services, answered questions regarding the financing of Casa Ramona. She stated the need for additional funds is warranted due to a tremendous increase in costs. Council Member Reilly made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 88-304 was vote: Ayes: Council Members Minor, Miller. Noes: None. Estrada, Pope-Ludlam. adopted Reilly, Absent: by the following Flores, Maudsley, Council Members COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meeting and took her place at the Council Table. RECESS MEETING - CLOSED SESSION At 3:50 p.m., Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the Regular Meeting of the Mayor and Common Council recess to a Closed Session pursuant to the following: Government Code Section 54956.9(b)(1), to its attorney regarding pending litigation, significant exposure to litigation. confer with as there is (52) . - 36 - 8/1/88 '~I~ "'_'."_ ..., 'C1"'t'~V.,~"..~' i~""~>~Tli~"r~% ~,/ . -"~~,T'"'1W,..~~-t"~~'1'~';'''''n.rr"~<iII<*->~'''CY(''').'':r>:;:~''-''~ '::::_:!"$;~',:';..v~: '-';;'''1'''~;;:~''~:;0-::''''~'~~;~:''~'';! '~~ . Government Code Section 54956.9(c) attorney regarding pending litigation, decide whether to initiate litigation. to confer with its so that Council may (53) Government Code attorney regarding initiated formally follows: Section 54956.9(a) to pending litigation to which the City confer which is a with its has been party as (54) Strahle vs. City of San Bernardino - San Bernardino Superior Court Case No. 232278; Hiqhland Hills Homeowners Association vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 241464; City of San Manaqement, Inc., Case No. 238755; Bernardino vs. California et al - San Bernardino Construction Superior Court 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- 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. C 236411; Boneli vs. City of San Bernardino - San Bernardino Superior Court Case No. 236473; Keith L. Thompson vs. City of San Bernardino - File No. L428896. CLOSED SESSION At 3:50 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 Bernardino. . - 37 - 8/1/88 ~.'T,'-~-'~"~ .,...,....-Jl}":.. :"'__Co,,"" '.~. _~_ ..,.,...,,,""!t;' :~~:,r"f'::'~!~""''''lW,~h'~:t+. ~:f}'-~"'~-'''i~''.', ";'t '!<.;:-'),~\i'!~i-.' "":::~:""f:\''l!!!!!'':,,;.~r':~~~. ,_ ,,' . ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; Deputy City Attorney Empeno, Acting City Administrator Robbins. Absent: Council Member Pope-Ludlam; City Clerk Clark. Also present: Deputy City Attorney McQueen; John Kirwan, Director of Risk Management. CITY CLERK CLARK ARRIVED At 3:53 p.m., City Clerk Clark arrived at the Closed Session. CITY CLERK CLARK At 4:10 p.m., Session. EXCUSED City Clerk Clark left the Closed COUNCIL At 4:15 Session. MEMBER ESTRADA EXCUSED p.m., Council Member Estrada left the Closed COUNCIL MEMBER ESTRADA RETURNED At 4:20 p.m., Council Member Estrada returned to the Closed Session. . COUNCIL At 4:20 the Council MEMBER POPE-LUDLAM ARRIVED p.m., Council Member Pope-Ludlam Meeting. arrived at RECESS CLOSED SESSION At 4:40 p.m., the Closed Session Regular Meeting of the Mayor and Common Council Chambers of City Hall, 300 North Bernardino, California. recessed to Council in "D" Street, the the San RECONVENE MEETING At 4:40 p.m., the Regular Meeting Common Council reconvened in the Council Ci ty Hall, 300 North "D" Street, California. of the Mayor and Chambers of San Bernardino, ROLL CALL Roll Call was taken by the City Clerk with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores Maudsley, Minor, Pope-Ludlam, Miller; Deputy City Attorney Empeno, City Clerk Clark, Acting City Administrator Robbins. Absent: None. . - 38 - 8/1/88 . . . , S\,;IP:~~:~~,p)i'd;',("", '''':A't~ki':'~''':l'';-I'J;>'~_:'_~:'';c'W>~'',~~,;,~~,,. ADJOURN MEETING At 4:40 p.m., Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the meeting be adjourned to August 15, 1988, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (55) ~H7L?/kA1b ./ City Clerk Ifl#~ ~ Deputy City Clerk No. of Items: 66 No. of Hours: 7.5 - 39 - 8/1/88