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HomeMy WebLinkAbout11-07-1988 Minutes .~ . City of San Bernardino, California November 7, 1988 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Wilcox at 9:02 a.m., on Monday, November 7, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Mrs. Pauline Harbaugh, First Church of Christ Scientist. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Reilly. . ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; Sr. Assistant City Attorney Barlow, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Member Pope-Ludlam. PUBLIC COMMENTS - POLICE COMMISSION - NEIGHBORHOOD WATCH ASSOCIATION MEETING - DON BAKER Don Baker, 3972 N. Waterman Avenue, invited the Mayor and Council to attend a joint meeting of the Police Commission and Neighborhood Watch Association on Monday, November 14, 1988, at the Villasenor Library, 525 N. Mt. Vernon. The Neighborhood Watch Association meeting will start at 6:00 p.m., and the Police Commission will follow at 7:30 p.m. (Al PROCLAMATION - NATIONAL DIABETES MONTH - NOVEMBER, 1988 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino, proclaiming the month of November, 1988, as National Diabetes Month in the City of San Bernardino. (Bl Dr. David Nourok, President-Elect of the American Diabetes Association for 1989, was present to accept the proclamation. . PROCLAMATION - NATIONAL HOSPICE MONTH - NOVEMBER, 1988 Richard Bennecke, Executive Assistant read a proclamation of the Mayor of the to the Mayor, City of San - 1 - 11/7/88 r-- l . Bernardino proclaiming the month of National Hospice Month in the City of November, 1988, San Bernardino. (B) as Verlene Ressegue, Linda Hospice, and Bernardine Hospice, proclamation. Coordinator of Lorena Wolf, were present Volunteers, Director of to accept Lorna St. the APPOINTMENT - LIBRARY BOARD OF TRUSTEES - CYNTHIA PRINGLE Pursuant to a memorandum dated October 18, 1988, from Mayor Wilcox, Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, to approve the appointment of Cynthia Pringle, 4795 Lakewood Drive, San Bernardino, CA 92407, to the Library Board of Trustees. (Replacing Kathleen Grossman) (C) City Clerk Clark administered the oath of office to Ms. Pringle. CONSENT CALENDAR - APPROVAL Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that all Consent Calendar Items except 4,7 and 9 be approved. . RECONSIDER PREVIOUS VOTE Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the previous vote be reconsidered. APPROVE MINUTES - OCTOBER 24, 1988 Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on October 24, 1988, be amended by inserting the word "for" before "maintenance" on the last line on page 36; and by changing the word "Veters" to "Viers", on page 39, sixth paragraph; and that said minutes be approved with those changes. (1) LEGISLATIVE REVIEW COMMITTEE REPORT - OCTOBER 27, 1988 - COUNCIL MEMBER REILLY, CHAIRMAN The following items were included on the meeting of the Legislative Review Committee 27, 1988: agenda of the held October (3) 1. Ordinance Regulating Adult News Racks - The Committee recommended the ordinance be approved and placed on the Council Agenda of November 7, 1988. . - 2 - 11/7/88 ~ . 2. Protection of View in Foothill Area _ This item was continued-Until December 8, 1988, to allow further study by Engineering, Building and Safety, and Planning Departments to insure a comprehensive and relevant ordinance. 3. Waiver or Refund of Fees for Charitable Organizations - This item-was-COntinued until January 5, 1989. Applicable departments will review the proposed ordinance and provide the Committee alternatives, options and recommenda- tions. The City Attorney will take a look at various fees that can be considered for waiving and prepare a list for Committee review. 4. Fire Station Location Study - The Committee recommended approval to proceed with the proposed study. This item will be place on the November 21, 1988, Council Agenda (Attachment) 5. Residential Sprinkler Ordinance - This item was tabled to permit an indepth study by the Fire and Water Departments to be brought back before the Committee at a future unannounced date. . 6. Ordinance to Limit Campaign Contributions _ This item was continued. The City Attorney's office is waiting for an interpretation of the law by the Fair Political Practices Commission. 7. Ordinance Prohibiting Unlawful Noises _ The item was continued. The City Attorney will prepare a draft ordinance for review by the Committee at the meeting of November 7, 1988. Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the minutes of the Legislative Review Committee meeting held October 27, 1988, be received and filed. . TRANSFER OF FUNDS - FROM PATTON PARK DEVELOPMENT PROJECT TO HILLCREST PARK REHABILITATION PROJECT In a memorandum dated October 21, 1988, Annie Ramos, Director of Parks, Recreation & Community Services, stated that the Patton Park Development Project will not be ready for contracting out for approximately six to eight months, providing that the Mayor and Council approve the project. Since this project is not ready to move forward, it was requested that the $36,270 in Bond Act funds earmarked for that project be transferred to the Hillcrest Park rehabilitation project so that it can be completed when the construction contract is awarded. (5) - 3 - 11/7/88 l' . Council Member Flores made a motion, seconded by Council Miller and unanimously carried, that the transfer of $36,270 in 1986 State Park Bond Act Funds from the Patton Park Development Project to the Hillcrest Park Rehabilitation Project, be approved. SECCOMBE LAKE SURA - FUNDING FROM STATE PARKS DISCRETIONARY FUND - CONSTRUCTION PROJECT In a memorandum dated October 25, 1988, Annie Ramos, Director of Parks, Recreation & Community Services, stated that construction projects may be nominated to the State Parks and Recreation Commission which will in turn be nominated for study by the State Department of Parks and Recreation for funding out of State Park Discretionary Funds provided by Proposition 70. The project to be nominated by the City's Parks, Recreation & Community Services Department is for improvement of walkways in Seccombe Lake State Urban Recreation Area. (6) . Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the Director of Parks, Recreation and Community Services Department be authorized to nominate a construction project for improvements at Seccombe Lake State Urban Recreation Area for funding out of State Parks Discretionary Funds provided by Proposition 70. STORM DRAIN INSTALLATION - 21ST STREET FROM SAN GABRIEL STREET TO TWIN CREEK CHANNEL _ APPROVAL OF PLANS - AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated October 19, 1988, Roger Hardgrave, Director of Public Works/City Engineer, explained that plans for the installation of a storm drain in 21st Street from San Gabriel Street to Twin Creek Channel have been prepared and the project is ready to be advertised for bids. The total estimated project cost is $100,000. (8) Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the plans for installation of a 42-inch storm drain in Twenty-First Street, from San Gabriel Street to Twin Creek Channel, in accordance with Plan No. 7574, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids when the permit is received from the U. S. Army Corps of Engineers and sufficient construction engineering personnel are available. . - 4 - 11/7/88 ~ . ASSESSMENT DISTRICT NO. 982 - PIEDMONT DRIVE AREA LANDSCAPE MAINTENANCE DISTRICT - AMEND BOUNDARIES In a memorandum dated October 21, 1988, Roger Hardgrave, Director of Public Works/City Engineer, stated that a petition had been received requesting the formation of an assessment district for the maintenance of landscaping along a south facing slope between lots in Tentative Tract No. 13470 and lots in existing Tract No. 8277. The proposed subdivision adjoins the boundaries of Assessment District No. 982, (Piedmont Drive Area Landscape Maintenance District) which is already established for the same purposes and it is the purpose of this action to amend the boundaries to include the new Tract. (10) Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the City Engineer and City Clerk be authorized to initiate proceedings for the expansion of boundaries of Assessment District No. 982 (Piedmont Drive Area Landscape Maintenance District) under the provisions of Chapter 12.90.060 of the San Bernardino Municipal Code and Section 3113 of Streets and Highways Code of the State of California. . PROPOSED VACATION - EAST/WEST ALLEY SOUTH OF BASELINE BETWEEN SEPULVEDA AND WALL AVENUES - AUTHORIZATION TO PROCEED In a memorandum dated October 21, 1988, Roger Hardgrave, Director of Public Works/City Engineer, explained that a request had been received to vacate that certain east/west alley south of Baseline, between Sepulveda and Wall Avenues. The petitioners have deposited the required $200 which represents one-half of the total fee of $400. The remaining $200 will be due after the investigative proceedings. The basis for the request is that the property owners feel that access to this alley has been a contributing factor to certain crimes in this area. (11) Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the proposed vacation of the east/west alley south of Baseline Street, between Sepulveda Avenue and Wall Avenue; and that Plan No. 7621, showing the proposed vacation of the east/west alley, south of Baseline Street, between Sepulveda Avenue and Wall Avenue, be approved. . CLAIMS AND PAYROLL Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the - 5 - 11/7/88 T . claims and warrants as Finance, be payrolls, and the authorization to issue listed on the memorandum from the Director of approved. (12) PERSONNEL ACTIONS Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the Personnel Actions submitted by the Director of Personnel, in accordance with all administrative regulations of the City of San Bernardino, be approved. (13) COUNCIL At 9:17 the Council Table. MEMBER POPE-LUDLAM ARRIVED a.m., Council Member Pope-Ludlam arrived at Meeting and took her place at the Council COUNCIL PERSONNEL COMMITTEE REPORT - OCTOBER 27, 1988 - CHAIRMAN, COUNCIL MEMBER REILLY At the meeting of the Council Personnel Committee held on October 27, 1988, the following items were included on the agenda: (2) . 1. Staffing for Vehicle Abatement Program (VAP) - The Committee unanimously recommended approval of the proposed Vehicle Abatement Program, includ- ing organization, cost and staffing to be imple- mented January 2, 1989 (Attachment). Council Member Minor requested that the City Attorney resolve any possible legal conflict between the California Highway Code and San Bernardino Muni- cipal Code regarding the administrative hearing process prior to the implementation date. This item will be brought before the Mayor and Council on November 21, 1988. 2. Request to Move Two Finance Department Positions from General Unit to Confidential Unit - The Committee recommended approval of this item and that it be placed on the Council Meeting agenda of November 21, 1988. (Attach- ment) . 3. Employment Contracts - The Committee dis- cussed the contract agreement for the City Administrator's position. The Committee unani- mously recommended approval of the contract agreement provided the position calls for a 90-day notice and a four-month severence pay if terminated at the end of the contract period. If employee is terminated before expiration of the contract, then only four-months severance pay shall apply. Also, the Committee requested the Personnel Director research the pros and cons - 6 - 11/7/88 . of contract agreements with cities of comparable size and report back to the Committee November 24, 1988. The Committee favored contracts only for the City Administrator and the Director of the Redevelopment Agency positions. It was pointed out that at a previous Council meeting the Council Personnel Committee had been given direction to study the contracting of high management level positions in addition to those of City Administrator and Executive Director of the Redevelopment Agency. A discussion ensued regarding the recommendation of the Council Personnel Committee that "The Committee favored contracts only for the City Administrator and the Director of the Redevelopment Agency positions." It was pointed out that at a previous Council meeting the Council Personnel Committee had been given direction (although not in the form of a motion) to study the contracting of high management level positions in addition to those of City Administrator and Executive Director of the Redevelopment Agency. . Members of the Council Personnel Committee was not the intent of the Committee to contracting to those two positions, even uniqueness of these positions separated Department Heads. stated it limit the though the them from It was suggested that the Council Personnel Committee study the whole concept of contracting positions in addition to looking at the individual positions. Then a determination could be made as to which ones should come back to the Council for closer examination and consideration of contracting them out. It was also suggested that staff could do an appropriate study on the suggested positions. Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the minutes of the Council Personnel Committee meeting held October 27, 1988, be received and filed. . FISCALINI FIELD - BALLFIELD LIGHTING IMPROVEMENTS - AUTHORIZE REAPPROPRIATION OF FUNDS In a memorandum dated October 27, 1988, Ken Henderson, Director of Community Development, explained that CDBG funding had previously been approved for the purpose of making permanent improvements to the ballfield lighting at Fiscalini Field. He explained prior funding provisions and outlined the amount needed to complete the project. (4) - 7 - 11/7/88 . In a memorandum dated November 4, 1988, John Kirwan, Director of Risk Management, stated it was his opinion that there is significant exposure relative to the improper lighting that exists at Fiscalini Field, in that the City has been notified that it is inadequate for baseball played at this level. Therefore, he strongly recommended that funds be appropriated to improve the lighting at Fiscalini Field. Concern was projects such Field. expressed over the use of as the outfield lighting CDBG Funds for at Fiscalini Acting City Administrator Robbins answered questions, stating there is approximately $680,000 in the CDBG Contingency Fund. He also stated that another source for funding for this project could be the General Fund Contingency Fund. Sr. Assistant City Attorney Barlow answered questions, stating that if an accident occurred because of the inadequate lighting, the City would be subject to liability because it has been put on notice of the unsafe conditions. . It was pointed resolution regarding the lighting, so the a need for repairs. out that the City had adopted a health & safety reasons for repairing public record is clear that there is Ken Henderson, Director of Community Development, answered questions, stating that there are unappropriated reserves to deal with issues that the Mayor and Council would like to address mid-year or apply on new projects or projects where there might be cost over-runs. Mr. Henderson stressed that his department focuses much of its activities on public works projects for which there is not sufficient funding all at once during a fiscal year. Projects are funded incrementally. The Director of Community Development questions about the balance of the Contingency the projects that are selected for its use. answered Fund and Acting City Administrator Robbins answerd regarding lighting in other ball fields. questions . Council Member Reilly made a motion, seconded by Council Member Miller, that excess funds in an approximate amount of $25,000 be reappropriated from Acct. No. - 8 - 11/7/88 . 121-544-57597 (Handicapped Ramps) and $11,238 +\- be appropriated from the CDBG Contingency Account to finance ballfield lighting improvements. (Outfield at Fiscalini Field) The Council Council motion Members Members carried Reilly, Estrada, by the following vote: Maudsley, Minor, Miller. Flores, Pope-Ludlam. Ayes: Noes: COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. . AUTHORIZATION TO CLOSE STREET - PENNSYLVANIA AVENUE AT 19TH ST, NORTH OF 1675 PENNSYLVANIA AVENUE - SUSIE LANE, NORTH OF 1674 SUSIE LANE - ORANGEWOOD ESTATES In a memorandum dated October 31, 1988, Roger Hardgrave, Director of Public Works/City Engineer, stated that his department had received a request from the Mayor's Office and the Police Department to evaluate the possibility of limiting vehicular access to Orangewood Estates, a tract of 30 homes located on Pennsylvania Avenue between 16th Street and 19th Street. The request was initiated due to on-going problems with crime and vandalism in the area that has remained undeveloped. (7) Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the request to close Pennsylvania Avenue at 19th Street, north of 1675 Pennsylvania Avenue; and Susie Lane, north of 1674 Susie Lane, Orange wood Estates, be continued to November 21, 1988, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. COUNCIL Council Meeting and MEMBER POPE-LUDLAM RETURNED Member Pope-Ludlam returned took her place at the Council to the Table. Council FRANCHISE - PETROLEUM PIPELINE - ASSIGNMENT - SOUTHERN PACIFIC PIPE LINES, INC. In a memorandum dated October 18, 1988, Roger Hardgrave, Director of Public Works/City Engineer, explained the background of the franchise with Southern Pacific Pipe Lines to construct and maintain pipelines within City street rights-of-way. That company now intends to reorganize and recapitalize, which would entail assigning their franchise to Southern Pacific Pipe Lines Partnership, L.P. (9) . Sr. stating consent Assistant City Attorney that the City cannot for an assignment. Barlow answered questions, reasonably withhold its - 9 - 11/7/88 . Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that the request for an assignment of the franchise from Southern Pacific Pipe Lines, Inc., to Southern Pacific Pipe Lines Partnership, L.P., be continued to Monday, November 21, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 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 resolutions on the Council Agenda. all the Council Member Flores Council Member Maudsley further reading of all Agenda be waived. made a motion, and unanimously the resolutions seconded by carried, that on the Counc i 1 Council Member Miller made a motion, seconded by Council Member Maudsley, that the fOllowing resolutions be adopted: . RES. 88-412 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 2482, EN- TITLED IN PART, "A RESOLUTION. . . DESIGNATING CERTAIN STREET INTERSECTIONS WHERE A STOP IS REQUIRED. . ."; AND AUTHORIZING THE INSTALLA- TION OF STOP SIGNS ON GENEVIEVE STREET, PERSHING AVENUE, MAYFIELD AVENUE AND STODDARD AVENUE AT THEIR INTERSECTION WITH TWENTY-EIGHTH STREET. (Continued from October 24, 1988) (16) RES. 88-413 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING AN AGREEMENT WITH THE SUN COMPANY FOR THE LEASE OF PARKING SPACES IN THE FIVE-LEVEL PARKING STRUCTURE TO DELETE SEVENTY- FIVE SPACES THEREFROM. (19) Resolution Nos. 88-412 and 88-413 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. COUNCIL Council Meeting and MEMBER POPE-LUDLAM RETURNED Member Pope-Ludlam returned took her place at the Council to the Table. Counc il . RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN EMPLOYMENT AGREEMENT FOR THE POSITION OF CITY ADMINIS- TRATOR. (18) - 10 - 11/7/88 . Sr. Assistant City Attorney Barlow answered questions regarding the contract negotiations that took place at the end of the hiring process for the position of City Administrator, stating that it is legal to offer a contract at the end of the selection process. In his opinion, it's also ethical, although ethics are a personal matter. A discussion ensued regarding provisions of the proposed agreement. ilie termination Mayor wilcox stated it was her understanding that the Personnel Committee was unanimous in its approval of the proposed agreement. A discussion ensued regarding the establishing a contracting policy prior of any individual contracts. importance of to the adoption Council Member Reilly made a motion, seconded by Council Member Minor, that said resolution be adopted. . Sr. Assistant City Attorney Barlow answered questions regarding the manner in which the resolution was placed on the agenda. He stated that even though the title of the resolution was the same as presented in earlier Council meetings, there were sufficient changes in the agreement to consider it a new item. Sr. Assistant City Attorney Barlow answered questions, stating he could find no legal authority that requires reconsideration by more than four votes. The motion to adopt said resolution failed by the following vote: Ayes: Council Members Reilly, Maudsley, Minor. Noes: Council Members Estrada, Flores, Pope-Ludlam, Miller. Absent: None. RES. 88-414 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT TO PURCHASE TAX-DEFAULTED PROPERTY DATED NOVEMBER 16, 1988, BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN BERNAR- DINO. (20) Ken Henderson, Director of Community Development Department, answered questions, stating that the amount of $101,300 is in addition to what the City has paid. He also explained the financial background of this issue. . Mr. Henderson stated that District, and if the obligations will be required. this is an Assessment aren't met, General Funds - 11 - 11/7/88 . Council Member Flores made a motion; seconded by Council Member Maudsley, that said resolution be adopted: Resolution No. 88-414 was vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam, Absent: None. adopted Estrada, Mi 11er. by the following Reilly, Flores, Noes: None. Council Member Miller made a motion, seconded by Council Member Reilly, that the following resolutions be adopted: . RES. 88-415 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PREPARATION AND EXECUTION OF AN APPLICATION, AGREEMENT AND LIABILITY RELEASE FOR SAN BERNARDINO COUNTY COMMUNITY SERVICES FOOD DISTRIBUTION PROGRAM. (21) RES. 88-416 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING ASSESSMENT ROLL NO. 973 FOR THE INSTALLATION OF TRAFFIC SIGNALS AT UNIVERSITY PARKWAY AND HALLMARK PARKWAY IN THE CITY OF SAN BERNARDINO, AND APPROVING ASSESSMENT DIAGRAM MAP NO. 973. (22) RES. 88-417 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985, ENTITLED IN PART, nA RESOLUTION . . . PRO- HIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF. . .n TO ESTAB- LISH A NO PARKING ANY TIME ZONE ON SECOND STREET, BETWEEN MERIDIAN AVENUE AND DALLAS STREET; DALLAS STREET BETWEEN THE SOUTHERN END OF DALLAS STREET AND SECOND STREET; MERIDIAN AVENUE BETWEEN THE SOUTH LINE OF SECOND STREET AND A POINT 535 FEET SOUTHERLY THEREOF, APPLICABLE TO THE EAST SIDE ONLY. (23) RES. 88-418 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL, CITY OF SAN BERNARDINO, GRANT- ING AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, FOR ELECTRIC SERVICE TO WATER DEPARTMENT FACILITIES AT RALPH HORINE RESERVOIR, SAN BERNARDINO, CALIFORNIA. (24) RES. 88-419 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING THE INTERIM POLICY DOCU- MENT RELATING TO THE ADOPTION OF 300 SCALE MAPS WHICH CLARIFY THE LAND USE DESIGNATIONS DE- PICTED ON THE 2,000 SCALE MAPS. (25) . Resolution Nos. 88-415, 88-416, 88-417, 88-418 and 88-419 were adopted by the fOllowing vote: Ayes: Council - 12 - 11/7/88 . Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: None. Absent: None. Minor, COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. RES. 88-420 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 82-99 ENTITLED IN PART "RESOLUTION . . . AMENDING CONFLICT OF INTEREST CODES . . ." BY AMENDING APPENDIX A TO ADD, DELETE AND CHANGE THE TITLES OF VARIOUS POSITIONS WITHIN DEPARTMENTS OF THE CITY WHICH MUST FILE CONFLICT OF INTEREST STATEMENTS. (26) City Clerk Clark answered questions regarding the positions included in the Conflict of Interest Code. It was noted that the Police Chief is the only position in that department that is required to file a disclosure statement. It was suggested that since the position of Assistant Police Chief had been eliminated, that the four captains who alternate as serving as Chief in his absence, also be required to file a disclosure statement. . Sr. Assistant City Attorney Barlow answered questions and recommended that the resolution be adopted in its present form. An amendment to the resolution will be prepared to include the police captains in the Conflict of Interest Code and brought back to Council at a future meeting. Council Member Minor made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 88-420 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council Council Member Flores made a motion, seconded by Council Member Maudsley, that the following resolutions be adopted: . RES. 88-421 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF PUBLIC NUISANCES. (1091-1099 W. 5th Street, 637 E. 9th St., 278 E. Baseline, 1455 N. "G" STREET, 1791 MALLORY, 3008 N. MT. VIEW) (27) - 13 - 11/7/88 . RES. 88-422 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF PUBLIC NUISANCES. (1686 W. 27th St., 235 E. 46th St., 1196 W. Belleview St., 728 N. Mt. Vernon Ave., 910 N. Mt. Vernon Ave., 234 S. Waterman Ave.) (28) Resolution Nos. 88-421 and 88-422 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. COUNCIL Council Meeting and MEMBER POPE-LUDLAM RETURNED Member Pope-Ludlam returned took her place at the Council to the Table. Council COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council Meeting. . RECONSIDERATION OF PREVIOUS COUNCIL ACTION - ENCROACHMENT INTO PUBLIC RIGHT-OF-WAY - MEYERS ROAD AND MEYERS COURT Council Member Minor made a motion, Council Member Flores and unanimously reconsider previous Council action taken 1988, which was as follows: seconded carried, on August (14) by to 15, " . . . that the encroachment of private facilities within the street easements in Tract No. 11118 are violations of City Codes and standards, and that the Director of Public Works/Engineering be directed to notify prop- erty owners to remove said encroachments." COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his place at the Council Table. HEARING - RECONSIDER AN ORDER TO REMOVE ALL ENCROACHMENTS INTO PUBLIC RIGHT-OF-WAY - MEYERS ROAD AND MEYERS COURT (TRACT NO. 11118 - RIDGE CREEK ESTATES) This is the time and place set reconsider Council action taken on regarding removal of encroachments right-of-way on Meyers Road and Meyers for a August into Court. hearing to 15, 1988, the Ci ty' s (14) . Mayor Wilcox opened the hearing. It was reported that protests had been received, both for reconsideration and against reconsideration. - 14 - 11/7/88 . Roger Hardgrave, Director Engineer, gave the background of encroachments on Meyers Road. It neighborhood dispute regarding the into the public right-of-way along Court in the Verdemont area. of Public Works/City the order to remove the came to Council as a encroachment of fences Meyers Road and Meyers It was pointed out that many of the residents in this area had spend a great deal of money on the fences and other decorations, which reportedly were allowed by the Department of Building & Safety at that time. Bill Nilsson, 7035 Meyers Court, explained what the CC & R's provided when he bought the property. He also stated that the fences create a dangerous situation for both walking and driving, as they are right on the curb, and also prevent vehicular access to his back yard and the bridle path. Sr. Assistant City Attorney Barlow answered questions regarding enforcement of C C & R's. He stated in some areas the City can enforce them, but that is not the issue at this time. The issue now is regarding the encroachment on City right-of-way. . Mr. Nilsson stated that it is not the brick work that is causing the problems, but its the split rail fences. He stated it would not be very expensive to remove those fences. Roger Engineer, sidewalks Hardgrave, Director of Public Works/City answered questions regarding the installation of by the developer, and sewer laterals. Marvice Woodson, 3760 Meyers Road, protested the directive to remove encroachments. She stated she had gone to the Department of Building & Safety for permits for a patio, and also requested permits for a block wall fence. She was told a permit was not needed to build a fence. She stated they had complied with all the instructions given by the Building & Safety Department, and felt they had been given mis-information. Kika Benson, 3677 Meyers Road, stated they had been told to build the fence three feet back from the curb line, and they went the extra distance to place it ten feet back. She stated she has five horses and has ridden them on the bridle path, and felt there was no danger or problems. . Tom Oston, 3727 supposed to be any explained that either w. Meyers Rd., stated there are vehicles on the bridle path. Engineering or Building & Safety not He had - 15 - 11/7/88 . inspected the fences and said they did not block vision. He also stated that the fences were an important factor in keeping his children safe, and were part of the design to keep the rural look. Bob White, 3739 Meyers speaker, and asked the previous action directing encroachments. Rd., agreed with the previous Council to reconsider their the residents to remove the Glenda automobile fence had prevented Osten, 3727 Meyers Rd., referred to a recent accident on Meyers Rd., and stated that the prevented the car from entering the yard and more serious injury and damage to the car. Mrs. Osten also spoke of the underground trash recepticles, and stated they were tastefully done, and necessary because of the high winds in that area. Michelle Nilsson, 7035 Meyers Court, stated they did not have access to their back yard or to the bridle path. She stated she had seen a map in the City Engineer's Office that clearly showed twelve feet in on Meyers Rd., and seven feet in on Meyers Court for bridle trails and rear yard access. . Bob Bicher, 3749 Meyers Rd., complained about the City's notification procedure, stating that he had not been given notification regarding the prior hearing. Subsequently, he talked to several City officials and did receive notice of today's hearing. He felt that the issue is a dispute between two property owners, and the other residents should not get involved. He expressed concern over his legal liability, and stated he felt that speeders on the street were a more serious problem than whether or not there were sidewalks. Hubert Palmer, 7005 Meyers Court, stated that Mr. Nilsson had said he doesn't have access to his rear yard and cannot use the bridle trail, but he wishes to use the trail for motorized vehicles, which has been determined that he legally cannot do. He stated there was a way that Mr. Nilsson could change his property to make access to the back yard. Mr. Palmer felt that there should be some compromise made on the situation of the fences. Emmet Lazzo, 3761 Meyers Rd., stated he would like to see everything left as it is, as the neighborhood is attractive. The problem is between two neighbors, and the other residents are innocent by-standers. . Mr. Nilsson stated that it was that were creating the problems, not the block walls but the split rails - 16 - 11/7/88 . fences, and they should be recessed back, as they cause difficulty in seeing when trying to make a left turn. Sr. Assistant City Attorney Barlow answered questions, stating that if an accident did occur, allegations could be made that there is difficulty in sight because of encroachments on the City right-of-way, and the City would have some liability. The way to resolve the liability would be to remove the encroachments. Mr. Barlow also stated that to enforce some of them and not others could create a problem of unequal enforcement. It was his opinion that if there are statutes, they must be enforced. Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding the enroachments, stating he thought they had been installed without permits, which were not required by Building & Safety at the time of installation. Mayor Wilcox stated that the laws must either be enforced or changed. . Sr. Assistant City Attorney Barlow suggested another solution to the problem might be license agreements for the purpose of waiving liability. He recommended that license agreements not be used when there are serious encroachments. Michelle Nilsson, the people don't want do away with them. 7035 Meyers Court, stated most of bridle paths, so they are trying to Mr. Bicher asked for clarification on his legal liability. Sr. Assistant City Attorney Barlow stated that his concern is with the City's liability, and that if the encroachment is moved from the City's right-of-way onto private property, it becomes the property owner's liability. Brenda Rice, 3721 Meyers Rd., stated the fences are split rail type, and do not create a hazard as far as hindering vision for automobiles. Council Member Minor Council Member Miller and hearing be closed. made a motion, seconded by unanimously carried, that the . Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the appropriate department (Engineering or Building & Safety), review each individual house for encroachment onto City - 17 - 11/7/88 . property and indicate if there is either a hindrance or hazard to public safety; that this be continued to December 19, 1988, while the study is conducted, and that action be suspended relative to letters sent to residents directing them to remove encroachments while the study is conducted. 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. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, REGARDING COUNCIL OFFICE SERVICES. (R-15) City Clerk read the title of the resolution. . Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the resolution be waived. Mayor wilcox suggested that provisions be made to provide accountability on a monthly basis. Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be continued to December 5, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. APPOINTMENT OF EXECUTIVE DIRECTOR - RDA After conferring in Closed Session, the Mayor and Common Council, acting as the Community Development Commission/Redevelopment Agency, confirmed the appointment of Steven H. Dukett as Executive Director of the Redevelopment Agency, at a salary of $592l/Mo., effective in two weeks. (RS-2) COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council Meeting. . RECESS MEETING - LUNCHEON WORKSHOP - GENERAL HISTORIC RESOURCES/OLDER HOUSING STOCK -RDA BOARD ROOM At 12:12 p.m., Council Member seconded by Council Member Flores that the meeting be recessed to PLAN - Maudsley made a motion, and unanimously carried, the Redevelopment Agency - 18 - 11/7/88 . Board Room for a workshop to discuss the General Plan- Historic Resources/Older Housing Stock. (39) WORKSHOP - GENERAL PLAN - HISTORIC RESOURCES/ OLDER HOUSING STOCK - RDA BOARD ROOM The luncheon workshop was called to order by Mayor Wilcox at 12:30 p.m., in the RDA Board Room, Fourth Floor of City Hall, 300 North "0" Street, San Bernardino, California. (39) ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Sr. Assistant City Attorney Barlow; City Clerk Clark, Acting City Administrator Robbins. Absent: None. Also present: Planning Commissioners Alexander Sharp, Roy H. Nierman; Member of the Citizens Advisory Committee, Dr. Walter Schuiling, Evelyn Alexander, Jim Mulvihill, Ron Coats, Richard Levine, John Traver; Planning staff members: Iterim Director Michael Loehr, Principal Planners Vince Bautista, Valerie Ross. . Guest: Dr. Larry Burgess, Library of Redlands. Archivist for Smiley Thelma Press, Executive Director, Cultural & International Affairs, spoke regarding a recent inquiry she had received concerning the maintenance of official City records and expressed her concerns about the condition of the City archives and the need to have a library of old records. She also spoke develop a policy on and buildings. regarding the need for the City to the preservation of historical sites Dr. Larry Burgess, Archivist for Smiley Library Redlands, gave a presentation on the documentation preservation of historical landmarks, including spaces, landscapes, and buildings. of and open Dr. Burgess offered his assistance to the City of Bernardino in the area of historical preservation spoke regarding his background in this area. San and Thelma Press and Dr. Burgess answered questions. No action was taken. . ADJOURNMENT OF LUNCHEON WORKSHOP At 1:35 p.m., Council Member Minor made a seconded by Council Member Flores and unanimously motion, carried, - 19 - 11/7/88 . that the luncheon workshop be adjourned to the Regular Meeting of the Mayor and Common Council at 2:00 p.m., in the Counci 1 Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:10 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: Estrada, Reilly, Flores, City Attorney Empeno, Administrator Robbins. Pope-Ludlam. by City Clerk Clark with the Mayor Wilcox; Council Members Maudsley, Minor, Miller; Deputy City Clerk Clark, Acting City Absent: Council Member . APPEAL HEARING - INVALID PLANNING COMMISSION ACTION REGARDING GRANTING OF SEWER CONNECTION WAIVER - 1041 HILL DRIVE - NORM HELBLEY This is the time and place set to hear an appeal filed by Norm Helbley regarding the invalid Planning Commission's action granting a sewer connection waiver and the subsequent action by the Engineering Department denying permits for said waiver on property located at 1041 Hill Drive. (40) In a memorandum dated October 13, 1988, Roger Hardgrave, Director of Public Works/City Engineer, explained that a request for a sewer connection waiver was received from Mr. Norm Helbley, based on the fact that approximately 750 feet of sewer main would have to be installed on property located at 1041 Hill Drive, at a cost of $22,500 to $30,000. On August 9, 1988, the Planning Commission approved the request, contrary to the advice of Deputy City Attorney Empeno. Mr. Empeno advised the Engineering Department not to issue permits. This advice was supplemented by written Opinion No. 88-34, dated October 12, 1988. In his memorandum, Mr. Hardgrave recommended that the appeal be denied, based upon the fact that the Planning Commission's recommendation was not valid, since the required findings required by Ordinance MC-614 were not met. However, ile recommended that Paragaraph B of Section 13.32.070 of the San Bernardino Municipal Code be amended to provide additional conditions for waivers as follows: 3. That the development is an in-fill project, where the existing structures within the area are not on the sewer system. . - 20 - 11/7/88 . 4. That no sewage will be generated by the proposed development, except for additions to existing structures. Mayor wilcox opened the hearing. Roger Hardgrave, Director of Engineer, explained the background of waiver of sewer connection by Mr. property located at 1041 Hill Dr. Public Works/City the request for a Norm Helbley for Deputy City Attorney Empeno explained that two findings of fact have to be made by the legislative body. One is that the lot has to be at least one-half acre in size, and second, that there is a natural obstruction between the lot and the system, which prevents the lot being connected to the City sewer system. In this case both those conditions could not be met. Mr. Sam Helbley, appellant, owner of the property, stated that the natural obstruction is the distance of 750 feet which would cost approximately $30,000 on a $50,000 house to connect. He stated this will be his private residence. . Roger Engineer, ordinance. Hardgrave, answered Director questions of Public regarding Works/City the sewer Deputy City Attorney Empeno answered questions, stating that the Planning Commission wanted some flexibility. It was suggested that the Municipal Code might be amended to allow for more flexibility. Mr. Empeno agreed that there should be an reevaluation of the ordinance and suggested that this matter be referred to the Legislative Review Committee. Council Member Maudsley made a motion, seconded by Council Member Miller and unanimously carried, that the request regarding a sewer connection waiver for 1041 Hill Dr., be referred to the Legislative Review Committee, and continued to November 21, 1988, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. It was pointed out that the next Legislative Review Committee Meeting was scheduled for ThurSday, November 10, 1988, at 1:30 p.m., in the RDA Board Room, and Mr. Helbley was invited to attend. . - 21 - 11/7/88 . APPEAL - PLANNING COMMISSION'S APPROVAL - TENTATIVE TRACT NO. 13530 - 45 LOT SUBDIVISION - This is the time and place set to hear an appeal filed by Allan Walters, adjacent property owner, on the Planning Commission's approval of Tentative Tract No. 13530 for a 45 lot subdivision located on the southwest corner of Ohio and Palm Avenues. The owner/applicant is Palm Avenue Investors. (41) Mayor wilcox opened the hearing. Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the appeal on the Planning Commission's approval of Tentative Tract No. 13530 be continued to November 21, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . APPEAL - PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT NO. 88-2 - 64 UNIT MOTEL ON HIGHLAND AVENUE , 100 FEET WEST OF MT. VIEW AVENUE - PATRICK CHIU & ASSOCIATES - GARY WERNER This is the time and place set to hear an appeal filed by Patrick Chiu & Associates, and Gary Werner, Community Development Consulting Services, on the Planning Commission's denial of Conditional Use Permit No. 88-2 for the establishment of a 64 unit motel on Highland Avenue 100 feet west of Mt. View Avenue. (42) Mayor Wilcox opened the hearing. City Clerk Clark stated that her office had received a request that this matter be continued. Michael Loehr, Interim Planning Director, stated that his office had received a telephone call and a letter requesting that this matter be continued. Deputy City Attorney Empeno informed the Council that it is within their discretion to refuse the request for a continuance or accept it, based on a number of factors, including the number of people present for the hearing. It was his opinion, after reading the request for a continuance, that there was not a good reason for granting the continuance. . City Clerk Clark explained that notification to Mr. Chui and Mr. Werner of this item being on the agenda led to the request for a continuance. Mr. Werner was under the impression that the item would not be on the agenda for several more weeks. - 22 - . Interim Planning Director regarding the various delays Planning Commission. Loehr answered questions on this project in the Deputy City Attorney Empeno answered questions, stating that the Planning Commission hearings on this matter were continued on several occasions at the request of the applicant in order to meet with the property owners. It was also continued at the City Attorney's request to get the Police Department involved. Lt. Larry Niegel, Police Lt. for this area, was not able to come to one of the hearings. Mr. Empeno referred to Mr. Werner's letter which stated there had been a misunderstanding regarding scheduling, and the press of business. There was no letter or call from the owner, Mr. Chui. City Clerk Clark explained that Gary Werner had paid the $75 appeal fee. Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that the Mayor and Council proceed with the hearing. . Larry Owens, 260 W. 23rd Street, stated he also owns property on 16th Street. He stated he was very much opposed to the proposed motel because of the danger of a slum situation being created. There is an adult book store in the area, and a dance hall is being proposed. This atmosphere is not compatible with the five schools within six blocks. George Serney, 2407 Arrowhead Avenue, opposed the proposed motel, because of increased traffic, potential crime and transients. He also stated that if the motel failed financially, a less desirable owner might take over. Myra Elder, 2350 Arrowhead Avenue, owns several rentals in the area, and expressed concern for her safety and that of her tenants if the motel is approved. She stated she had a petition with more than 200 signatures in opposition to the project. . Cas Sermak, 2295 - 2299 Arrowhead Avenue, stated he was representing the Highland Avenue Redevelopment Advisory Committee, which recently voted 100% against the proposed motel. He referred to several other areas in the City where motels had deteriorated and as a result an increase in prostitution, muggings and related crime. He felt it would also devalue property in the area. - 23 - 11/7/88 . Paul Crapo stated he owned property west of the Bank of America, and that he was very much opposed to the proposed motel. He stated he had owned motels in the past and felt that that type of business is not compatible with Highland Avenue. He urged the Council to vote "no". Deputy City Empeno referred to Exhibit "F", attached to the Planning Department Staff Report, which is a memorandum dated May 27, 1988, from Lt. Larry Neigel of the Police Department. Lt. Neigel expressed the department's concern regarding a possible increase in crime, drug activity and prostitution, especially if the reopening of a dance hall is approved. City Clerk Clark stated against the motel from Sadie citing an increase in traffic she had received a Evans, 232 W. 23rd problems. protest Street, Phil stated he Pershing, Arvizo, Executive Assistant to the Council, had received a call from Dominick Amori, 2163 who was opposed to the proposed motel. Thomas W. Hines, 240 W. 23rd Street, stated he owns a duplex, and was opposed to the proposed motel due to crime problems. . Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, that the hearing be closed; that the appeal and Conditional Use Permit No. 88-2 be denied; and that the Findings as presented in a memorandum from Lieutenant Larry Neigel, Police Department, dated May 27, 1988, marked Exhibit "F" and attached to the Planning Staff report, be adopted. SR. Sr. Council ASSISTANT CITY ATTORNEY BARLOW ARRIVED Assistant City Attorney Barlow arrived at the Meeting and replaced Deputy City Attorney Empeno. HEARING - INCREASE CITY-WIDE RESEARCH This is the time consider an increase in City-wide research fee. OF COPY CHARGES - INSTITUTE FEE and place set for copy charges and in a hearing to instituting a (15) Mayor wilcox opened the hearing. . RES. 88-423 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING REVISED PROCEDURAL RULES AND REGULATIONS FOR ACCESS TO PUBLIC RECORDS UNDER THE CALIFORNIA PUBLIC RECORDS ACTS; REQUIRING THE PAYMENT OF FEES FOR COPIES AND CERTIFICATION OF PUBLIC RECORDS; REQUIRING THE PAYMENT OF FEES FOR RESEARCH SERVICES AND REPEALING RESOLUTION NO. 83-459. (15) - 24 - 11/7/88 . City Clerk Clark read the title of the resolution. No protests have been received. City Clerk Clark explained that the title of the resolution as originally typed should be amended to remove the" reference to repealing Resolution Nos. 10384 and 12319, as those resolutions were previously repealed. Sr. City Attorney Barlow answered questions. Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the hearing be closed; that further reading of the resolution be waived; that said resolution be amended to delete the reference to repealing Resolution Nos. 10384 and 12319; on page 2, line 24, delete "colored"; and on page 3, delete paragraph "D"; and that said resolution be adopted as amended. Resolution No. 88-423 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council . COUNCIL MEMBER FLORES EXCUSED Council Member Flores left the Council Meeting. Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that the following ordinances be continued to December 5, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California: ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL 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. 86-21, GENERALLY LOCATED ON THE SOUTH SIDE OF 48TH STREET APPROXIMATELY 230 FEET WEST OF THE CENTER- LINE OF LEROY STREET), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (Continued from July 20, 1987) (First) (29) . - 25 - . ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL 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. 86-23, GENERALLY LOCATED ON THE NORTH SIDE OF THE PRO- POSED EXTENSION OF PIEDMONT DRIVE, APPROXIMATELY 285 FEET EAST OF THE CENTERLINE OF CACTUS CIRCLE), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRON- MENTAL REVIEW. (Continued from July 20, 1987) (First) (30) ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL 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. 87-1, GENERALLY LOCATED ON THE NORTH SIDE OF 44TH STREET, APPROXIMATELY 153 FEET EAST OF SIERRA WAY), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (Continued from July 20, 1987) (First) (31) . COUNCIL MEMBER FLORES RETURNED Council Member Flores returned to the Council Meeting and took his place at the Council Table. READING AND WAIVING OF ORDINANCES City Clerk Clark read the title of all the remaining ordinances on the Council Agenda. Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that further reading of the remaining ordinances on the Council Agenda be waived. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 9.70 TO THE SAN BERNARDINO MUNICIPAL CODE TO REQUIRE BLINDER RACKS IN FRONT OF DISPLAYS OF HARMFUL MATTER, AS DEFINED. FIRST (32 ) Sr. Assistant City Attorney Barlow answered stating that the wording in the ordinance has directly from State Statutes. He also stated have been no cases on this language. questions, been taken that there Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, that said ordinance be laid over for final passage. . - 26 - 11/7/88 . Council Member Estrada made Council Member Maudsley, that the adopted: a motion, seconded by following ordinances be ORD. MC-640 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO REZONING A CERTAIN PARCEL 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. 87-21 LOCATED ON THE NORTH SIDE OF COMMERCIAL DRIVE, SOUTH OF THE RAILROAD RIGHT-OF-WAY BETWEEN HUNTS LANE AND WATERMAN AVENUE), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (33) ORD. MC-641 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO AMENDING CHAPTER 10.16 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROHIBIT BLOCKING OF DRIVEWAYS, PARKING ON SIDEWALKS, AUTHORIZING PARKING CONTROL CHECKERS TO ISSUE CITATIONS AND ELIMINATING CITATION POWER TO VOLUNTEERS FOR HANDICAPPED PARKING VIOLATIONS. (34) . ORD. MC-642 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO REZONING A CERTAIN PARCEL 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. 87-12, LOCATED ON THE SOUTH SIDE OF RIALTO AVENUE APPROXIMATELY 1,690 FEET EAST OF MERIDIAN AVENUE), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (35) Ordinance Nos. MC-640, MC-641 and MC-642 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. AYSO SOCCER PARK - PACIFIC AND ORANGE STREETS _ REQUEST FOR FINANCIAL SUPPORT - CONTINUED FROM OCTOBER 24, 1988 This is the time and place continued to for consideration of a request from Roger Itaya, Regional Commissioner of the American Youth Soccer Organization, for financial support and ballfield maintenance of the AYSO Park located at Pacific and Orange Streets (36) . Mayor wilcox stated that negotiations are with the San Bernardino Unified School District financial assistance for AYSO Soccer Park Vallejo. continuing regarding and Del - 27 - 11/7/88 . Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, that the request for financial support and ballfield maintenance for AYSO be continued to November 21, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. APPROPRIATION FROM CDBG CONTINGENCY ACCOUNT _ PURCHASE OF HERITAGE PARKING LOT FROM THE SAN BERNARDINO ECONOMIC DEVELOPMENT COUNCIL _ CONTINUED FROM OCTOBER 24, 1988 This is the time and place continued to for consideration of the proposal to authorize an appropriation in the amount of $80,000 from the CDBG Contingency Account for the purpose of purchasing the Heritage Parking Lot from the San Bernardino Economic Development Council. (37) . Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the request for an appropriation from the CDBG Contingency Account for the purchase of the Heritage Parking Lot from the San Bernardino Economic Development Council be tabled. (This item was included on the Community Development/ Redevelopment Agency Agenda) SCHEDULE WORKSHOP - DISCUSS SUBJECT OF GANGS, DRUGS, RELATED ISSUES - NOVEMBER 15, 1988 Pursuant to a memorandum dated November 2, 1988, from Mayor Wilcox, Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that a workshop session be scheduled to discuss the subject of gangs and drugs and other related issues, from 1:00 p.m. - 4:00 p.m., on Tuesday, November 15, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (S-l) COUNCIL Council Meeting and MEMBER POPE-LUDLAM RETURNED Member Pope-Ludlam returned took her place at the Council ~ ~e Table. Council SCHEDULE WORKSHOP - 1988-89 CAPITAL IMPROVEMENT PROGRAM (CIP) - NOVEMBER 15, 1988 In a memorandum dated October 31, 1988, Roger Hardgrave, Director of Public Works/City Engineer, stated that the draft 1988-89 - 1992-93 Capital Improvement Program has been prepared, as stipulated in the Municipal Code. Projects were grouped in the following seven categories: (S-2) . 1. General Building 2. Streets and Street Lighting 3. Traffic Controls - 28 - 11/7/88 1-- . 4. Storm Drains 5. Sewers 6. Recreational Field Lighting 7. Parks and Recreation Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that a workshop session be scheduled from 9:00 a.m. to 12:00 p.m., on Tuesday, November 15, 1988, in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council Meeting. CLOSED SESSIONS Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the Council recess to Closed Session pursuant to the following: Government Code Section designated representatives matters; 54957.6, regarding to meet with its labor rela tions (43 ) . Government Code Section 54956.9(b) (1) to its attorney regarding pending litigation, significant exposure to litigation; confer with as there is (44 ) Government Code Section 54956.9(c) attorney regarding pending litigation, decide whether to initiate litigation; to confer with its so that Council may (45) Government Code Section matters; 54957 to consider personnel (46) Government Code 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally to which the City is a party as follows: (47) City of San Bernardino, vs. California Management, Inc., et al - San Bernardino Case No. 238755; Construction Superior Court Saldecke, et al vs. City of San Bernardino, et al- San Bernardino Superior Court Case No. 236836; Cable Lake San Bernardino 239649; Association vs. City of San Bernardino- Superior Court Case No. 239714 and Case No. . City of Club., Inc. 239193; San Bernardino vs. San Bernardino Baseball - San Bernardino Superior Court Case No. - 29 - 11/7/88 . San No. Stubblefield Construction Company, et al vs. City of Bernardino, et al - San Bernardino Superior Court Case 232998; Juan Manuel Sanchez vs. City of San Bernardino United States District Court Case No. CV87-229l AWT (Bx); Charles H. Brown vs. City of San Bernardino _ San Bernardino Superior Court Case No. 243087; Sock - United (RWRx); Dawson, et al vs. City of San Bernardino, et al States District Court - Case No. SA 88-461 AHS Lewis vs. City of San Bernardino - San Bernardino Superior Court Case No. 234180; Anderson vs. City of San Bernardino - San Bernardino Superior Court Case No. 243039 . CLOSED SESSION At 3:05 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, 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: Director of Personnel Gordon Johnson; Mr. Coleman Walsh, Labor Relations Consultant; Denice Brue, Assistant City Attorney. MR. JOHNSON AND Gordon Johson Session. MR. WALSH EXCUSED and Coleman Walsh left the Closed DEPUTY Deputy arrived at CITY ATTORNEYS EMPENO AND WILSON ARRIVED City Attorneys Henry Empeno and John Wilson the Closed Session. CITY CLERK CLARK ARRIVED City Clerk Clark arrived at the Closed Session. . ADJOURN CLOSED SESSION At 4:11 p.m., the Closed Session adjourned to Regular Meeting of the Mayor and Common Council in Council Chambers of City Hall, 300 North "D" Street, Bernardino, California. the the San - 30 - 11/7/88 . RECONVENE MEETING At 4:11 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Sr. Assistant City Attorney Barlow; City Clerk Clark, Acting City Administrator Robbins. Absent: None. SALE OF ANIMALS FOR MEDICAL RESEARCH - REPORT FROM THE CITY ADMINISTRATOR - PROCEDURES GUIDE- LINES - CONTINUED FROM OCTOBER 24, 1988 This is the time and place continued for consideration of a report from the Acting City Administrator relative to new procedural guidelines regarding sale of animals for medical research. (38) Acting City Administrator Robbins presented a revised Proposed Policy Guidelines for Sale of Animals for Research, dated November 4, 1988. . The following provisions Guidelines: were included in the 1. Dogs and cats qualifying by any of the following conditions shall not be available for research: Animal has license, or any type of identification; Animal has obvious signs of ownership and\or care; Animals with notations indicating inquiry to owner or interested party; Animals who have been in homefinder programs; Animals whose owners have requested they not be released to research; Animals who have not been available for adoption by general public for two working days. 2 . Dog s be sold to conditions: and cats not meeting the above criterias may research institutions under the following . Animals selected and paid for shall not be sold or released without written permission of research representative (owner). - 31 - 11/7/88 . Animals purchased shall be available to previous legal owner within three working days of purchase by research institute. Animals sold shall be handled and transported in a humane manner. 3. Access to Shelter Facilities: Research representatives shall be accompanied at all times by an Animal Health Technician, Animal Shelter Operations Manager, or Director of Animal Control. The Director shall insure staff availability to accompany research representative. Research representatives shall be permitted to make selections on Mondays, Wednesdays, and Fridays from 10:00 a.m., to 12:00 noon. . Acting City Administrator Robbins explained the provisions, stating that the basic difference from the previous policy is the extension of hours for the sale of animals. He stated that the Council's options for action are: To direct the Director of Animal Control to implement a policy similar to that set forth in the proposed policy; Affirm the current policy; or direct the Director of Animal Control in coordination with the City Attorney to prepare an ordinance prohibiting the sale of animals for research. Mr. Robbins answered questions regarding adoption policies. Mr. Robbins stated that there is Federal legislation pending that would require the holding of animals up to seven days. If this legislation passes, it would require the services of an additional Animal Health Technician. Mayor and she position shelter. Wilcox stated that her didn't feel that the of selling animals opinion had not changed, City should be in the for research from the Debi Biggs, Director of Animal Control, stated that a gentleman from Lorna Linda had come in for animals, but there were none available. She requested that in the future he call before coming. She offered to sell him some wild cats, but he was not interested. . The Mayor and Council discussed the proposed policy as opposed to the current policy, and whether or not another public hearing should be scheduled to receive more public - 32 - 11/7/88 . input. It was the consensus of the Council that sufficient hearings have been held. It was the voters it was the pointed out that there had been a mandate of that animals be sold for medical research, and duty of the Council to uphold that mandate. Council Member Pope-Ludlam made Council Member Miller, that the Guidelines for Sale of Animals for by staff be adopted. a motion, seconded by new Proposed Policy Research, as proposed The Counc i1 Miller. motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Pope-Ludlam, Noes: Council Members Maudsley, Minor. ADJOURNMENT At 4:35 p.m., Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the meeting be adjourned to 9:00 a.m., Tuesday, November 15, 1988, in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. (48) . ~/h77/7/~~ / Ci ty Clerk No. of Items: 52 No. of Hours: 7\ . - 33 - 11-7-88