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HomeMy WebLinkAbout12-19-1988 Minutes . City of San Bernardino, California December 19, 1988 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox at 9:07 a.m., Monday, December 19, 1988, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. INVOCATION The Invocation was given by Dr. Thomas W. Harvick, Sr., Senior Pastor, Central Christian Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Flores. . ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Clerk Clark, Acting City Administrator Robbins. Absent: Council Member Estrada; City Attorney Penman. PRESENTATION - SERVICE PIN AWARDS Mayor Wilcox presented several employees pins for their years of service with the City. with service (B) CITY ATTORNEY PENMAN ARRIVED At 9:14 a.m., City Attorney Penman arrived at the Council Meeting. PRESENTATION - CONSERVATION CORPS MEMBER OF THE MONTH Vince Bravo, Conservation Corps Supervisor, described the City projects the Corps had been working on and introduced the Corps Member of the Month, Carla Velarde. (B) COUNCIL MEMBER ESTRADA ARRIVED At 9:20 a.m., Council Member Estrada arrived at the Council Meeting and took her place at the Council Table. . PRESENTATIONS - KIDS AGAINST CRIME Linda Warsaw, President and Founder of Kids Against Crime, a nonprofit crime prevention organization, presented plaques and certificates to civic leaders and representatives from various organizations and individuals in appreciation for their assistance to Kids Against Crime. (B) - 1 - 12/19/88 . PRESENTATION - EMPLOYEE RECOGNITION PROGRAM Gordon Johnson, Director of Personnel, explained the Employee Recognition Program and introduced the following employees who received $100.00 and a day off with pay for special performance in their positions: Management/ Confidential: Wayne Overstreet, Superintendent, Public Buildings/Parking Control; Clerical: Mary Frieberg, Sr. Secretary, Planning Department; General Employees: Rita Kent, Fire Prevention Inspector, Fire Department; Safety Category: Brett Baumgartner, Police Officer, Police Department; Mid-Management: Joseph Whittle, Custodial Supervisor, Public Buildings Division. (B) COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. APPROVAL OF COUNCIL MINUTES - NOVEMBER 15, 1988 - NOVEMBER 21, 1988 - NOVEMBER 28, 1988 - DECEMBER 2, 1988 Council Member Member Reilly and the meetings of November 15, 1988, December 2, 1988, form. Miller made a motion, seconded by Council unanimously carried, that the minutes of the Mayor and Common Council held on November 21, 1988, November 28, 1988, and be approved as submitted in typewritten (1) . LEGISLATIVE REVIEW COMMITTEE REPORT - DECEMBER 8, 1988 - COUNCIL MEMBER REILLY, CHAIRMAN The following items were included on the agenda of the Legislative Review Committee meeting held on December 8, 1988: (2) 1. Ordinance Amending Municipal Code Sub Section B, Section 13.22.070, to Provide Additional Excep- tions to the Requirement that Developments be Re- quired to Connect to the City Sewer System - The Committee recommended approval of the ordinance with one change on page 2, line 2. The Committee added "environmental" between the words "normal and review". The sentence will read "Permits for construction of septic tanks will be subject to the normal environmental review and approval process for building permits". This ordinance will be on the January 3, 1989 Agenda. . 2. Protection of View in Foothill Area - Item continued. The Committee requested that Planning coordinate with necessary departments to address all the issues involved, prepare an issue paper and present it to the Committee on January 19, 1989. After review, the Committee will recommend that it be forwarded to the CAC for inclusion in the General Plan. - 2 - 12/19/88 . 3; Cemetery Commission - Item continued. The Committee agreed that the Commission should continue to exist but under different rules. The City Attorney's office will provide an ordinance allowing for city-wide selection of commissioners (wouldn't have to be in a particu- lar ward, but appointed and answering to a particular Council Member). Meeting times would be established by the Commission. The ordinance will be brought back to the Committee the second meeting in January, 1989. Additionally, the Committee recommended that the area around the cemetery that could be used for expansion be identified as Public Facility to the Planning Department for inclusion in the General Plan as soon as possible. Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the minutes of the Legislative Review Committee meeting held December 8, 1988, be received and filed. . WAYS AND MEANS COMMITTEE REPORT - DECEMBER 12, 1988 - COUNCIL MEMBER ESTRADA, CHAIRMAN The following items were included on the agenda of the Ways and Means Committee meeting held December 12, 1988: (3 ) 1. Visitors/Convention Bureau - The Committee recommended that the Articles of Incorporation, By-Laws and Job Description presented by Mr. Richardson and Mr. Barlow be received and filed as amended. The Committee thanked those involved for a job well done. Mr. Porter thanked the Committee for their support. 2. Victim Support Funding - The Committee recom- mended funding for a year with $23,000 being appropriated from the City's appropriated reserve fund. Mr. Henderson will coordinate with City staff to determine the method of funding for the additional $29,600 necessary to keep this very worthwhile program active. The Police Department and Ms. Garrett will make every effort to re- institute, if appropriate, some connection to the Family Services Agency so that funding in the future may be allocated from other sources. Mr. Henderson will report on the additional funding at the Committee's January 9, 1989, meeting. . In a staff report dated December 5, 1988, Captain David Thomas, Acting Chief of POlice, stated that funding for the Victim Support Services Program is running out. Unless - 3 - 12/19/88 r . $23,000 can be Item S-4, page action) located the program must be terminated. (See 34 for additional information and Council 3. Request to Reduce Purchase Price of Kellogg Library - Elijah Sin~letary - The Committee, after receiving a legal opInion from Attorney Brue, recommended disapproval of Mr. Singletary's request to reduce the price of the Kellogg Library Build- ing. The Committee recommended an extension of 90 days to allow Mr. Singletary time to obtain financing. He was asked to return to the Committee within 60 days, on February 13, to advise the Committee regarding his decision. The terms and conditions of the sale remain unchanged. regarding his decision. . 4. Real Property Available for Sale - The Commit- tee recommended the sale of properties at (1) 1215 Colima Road; (2) 3250 Harrison Street; (3) northwest/southeast corners of Rialto Avenue and Pennsylvania Avenue; (4) Del Rosa south of Eureka; (5) Garner Street at Olive (listing and maps attached). The 181 "G" Street property was held in abeyance. The Committee also recommended that Real Property obtain a broker and list these properties on a Multiple Listing Schedule since there has been no response from using past methods. This item will be placed on the Council Agenda of January 19, 1989. 5. Increased Charge for Returned Checks - The Committee recommended that the returned check charge be established at $10 unless the City Attorney finds that $11 can legally be charged. If and when new findings are made by the Attorney's office, the rate would be increased to the recommended $11. Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the minutes of the ways and Means Committee meeting held December 12, 1988, be received and filed. . ASSESSMENT DISTRICT NO. 5861 - ADVANCEMENT OF FUNDS - JANUARY, 1989 BOND PAYMENT In a memorandum dated December 7, 1988, Craig Graves, City Treasurer, stated that in January, 1989, a semi-annual payment of interest is due the bond holders of Assessment District No. 5861. He stated he was seeking an authorized advance in order to make timely payment and insure that they do not go into default. These advances are to be repaid at the completion of a purchasing transaction with San Bernardino County. (5) - 4 - 12/19/88 . Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the Director of Finance be authorized to advance $80,000 to the Debt Service Account of Assessment District ~5861, to be refunded to the City at the completion of the property transactions. MILL AND MACY STREET AREA LANDSCAPING MAINTENANCE DISTRICT - AUTHORIZATION TO PROCEED In a memorandum dated December 6, 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 the south side of Mill Street generally between Macy Street and a point approximately 985 feet westerly thereof, which borders Tentative Tract No. 13457. (6) . Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the City Engineer and City Clerk be authorized to proceed with the establishment of an assessment district under the provisions of Chapter 12.90 of the San Bernardino Municipal Code and that the City Engineer be directed to prepare an Engineer's Report for the proposed maintenance of landscaping in portions of the south side of Mill Street generally between Macy Street and a point approximately 985 feet westerly thereof, in the City of San Bernardino. INSTALLATION OF INTERCEPTING SEWER - CALIFORNIA AND PORTER STREETS TO CAJON BOULEVARD - FINDING OF NEED FOR HEALTH AND SAFETY REASONS In a memorandum dated December 1, 1988, Roger Hardgrave, Director of Public Works/City Engineer, stated that the need for an intercepting sewer to the northwest portion of the City was identified in the sewer study done in 1968 and confirmed in 1983. He stated that a development has been approved on Cajon Boulevard, south of Devil's Canyon (Cable) Creek Channel, and will need sewer service in order to comply with City policy that new developments be connected to the City sewer system. (7) Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that a finding be made that the installation of intercepting sewer, from California Street and Porter Street to Cajon Boulevard and Devil's Canyon (Cable) Creek Channel, is needed for health and safety reasons. . CLAIMS AND PAYROLL Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the claims and payrolls, and the authorization to issue warrants as listed on the memorandum from the Director of Finance, dated December 9, 1988, be approved. (8) - 5 - 12/19/88 T . PERSONNEL ACTIONS Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the Personnel Actions, as submitted by the Director of Personnel in accordance with all administrative regulations of the City of San Bernardino, be approved. (9) BOARD OF BUILDING COMMISSIONERS' RESOLUTIONS - NOVEMBER 4, 19BB Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the Board of Building Commissioners' resolutions from the meeting of November 4, 19BB, be filed. (10) ST. BERNARDINE'S MEDICAL CENTER - REQUEST FOR AUTHORIZATION TO CONCURRENTLY PROCESS BUILDING PERMIT WITH A C.U.P. - CONSTRUCTION OF PARKING STRUCTURE In a letter dated December B, 19BB, Doug Clary, Assistant Administrator, St. Bernardine's Medical Center, requested authorization to file for plan check of a proposed parking structure to be processed concurrently with a required Conditional Use Permit (C.U.P.). The request is made to avoid substantial delays on providing severely needed community services. (4) . Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the request regarding a building permit and CUP for a proposed parking structure for St. Bernardine's Medical Center be continued to later in the meeting. (See page 12 ) COUNCIL Council Meeting and MEMBER POPE-LUDLAM RETURNED Member Pope-Ludlam returned to the took her place at the Council Table. Council READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of all the resolutions on the Regular and Supplemental Agendas. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that further reading of all the resolutions on the Council Agenda be waived. . RESOLUTION OF THE CITY OF SAN BERNARDINO RENEWING THE COMMITMENT TO COMPLETE DEVELOP- MENT OF THE PATTON PARK PROPERTY AND TO DESIGNATE THE PARK DEVELOPMENT FEE FUND, AND THE CITY'S ALLOCATIONS THROUGH STATE AND/OR FEDERAL PARK DEVELOPMENT FUNDS AS POTENTIAL SOURCES FOR FUNDING THE COMPLETION. (Con- tinued from November 21, 19BB) (13) - 6 - 12/19/BB . Mayor wilcox explained that the City is working with the County Counsel on possible changes in the agreement under which the park land was purchased from the State. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be continued to January 17, 1989, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RESOLUTION OF THE CITY OF SAN BERNARDINO SUPPORTING THE DESIGN REVISION TO THE ROUTE 30/330 INTERCHANGE BY ELIMINATING ACCESS AT PACIFIC STREET AND CREATING ACCESS AT CENTRAL AVENUE. (Continued from November 21, 1988) (14) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be continued to 10:30 a.m. (See page 16) COUNCIL Council Meeting. MEMBERS ESTRADA, REILLY EXCUSED Members Estrada and Reilly left the Council . RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE 1988-89 TO 1992/93 CAPITAL IMPROVEMENT PROGRAM. (Continued from December 5, 1988) (15 ) Acting City Administrator Robbins answered questions. Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be continued to January 3, 1989, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. COUNCIL MEMBERS ESTRADA AND REILLY RETURNED Council Members Estrada and Reilly returned Council Meeting and took their places at the Council to the Table. Council Member Maudsley made a motion, seconded by Council Member Miller, that the following resolutions be adopted: RES. 88-471 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING MID-MANAGEMENT MOU, ARTICLE 10, HEALTH/MEDICAL INSURANCE. (16) . RES. 88-472 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING HEALTH-RELATED INSURANCE BENEFITS FOR POLICE SAFETY EMPLOYEES. (17) - 7 - 12/19/88 , . Resolution Nos. 88-471 and 88-472 were adopted following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: Absent: None. by the Reilly, None. RES. 88-473 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING GENERAL UNIT MOU, ARTICLE IV, SECTION I, FRINGE BENEFITS. (18) Council Member Reilly made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 88-473 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. (RES. 88-474) - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING WAGES, HOURS, INSURANCE BENEFITS AND WORKING CONDITIONS FOR FIRE SAFETY EMPLOYEES WORKING IN JOB CLASSIFICATIONS REPRESENTED BY FIRE FIGHTERS, LOCAL 891. (19) (This resolution was later reconsidered and given new number. See page 9 ) . Council Member Miller made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. (88-474) was vote: Ayes: Council Members Pope-Ludlam, Miller. Noes: Maudsley. Absent: None. adopted Estrada, Council by the fOllowing Flores, Minor, Members Reilly, RES. 88-474 - RESOLUTION ESTABLISHING MANAGE- MENT AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN. (20) Council Member Estrada made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 88-474 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A SECOND AMENDMENT TO LEASE AND CONSENT TO ASSIGNMENT RELATIVE TO A LEASE WITH ALBERT M. GALLO AND KATHRYN C. GALLO. (21) . City Attorney Penman answered questions regarding the terms of the lease. - 8 - 12/19/88 . Roger Hardgrave, Director answered questions, stating lease had to come back before for an assignment. of Public Works/City Engineer, he didn't think the original the Council for authorization The Director of Public Works/City Engineer stated the property has a long term lease, so probably would not get much response if it were put out to bid to sell at this time. The new buyer would have to comply with the terms of the present lease. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be continued to January 3, 1989. RECONSIDER ITEM 19 - RESOLUTION REGARDING SAFETY EMPLOYEES Council Member Miller made a Member Flores and unanimously resolution regarding Fire Safety FIRE motion, seconded by Council carried, that Item 19, a Employees, be reconsidered. COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council Meeting. . RES. 88-475 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING WAGES, HOURS, INSUR- ANCE BENEFITS AND WORKING CONDITIONS FOR FIRE SAFETY EMPLOYEES WORKING IN JOB CLASSIFICATIONS REPRESENTED BY FIRE FIGHTERS, LOCAL 891. (19) Acting City Administrator Robbins stated there were two minor corrections to be made in the resolution. On page 18, the top line, the words "shall consider" should replace "may use"; and on page 19, next to the bottom line, "720" should replace "480". Council Member Flores made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted as amended. Resolution Ayes: Council Noes: Council Member Miller. No. 88-475 was adopted by the following vote: Members Estrada, Flores, Minor, Pope-Ludlam. Members Reilly, Maudsley. Absent: Council COUNCIL MEMBER Council Member took her place MILLER RETURNED Miller returned to the at the Council Table. Council Meeting and . - 9 - 12/19/88 ~~ f . RES. 88-476 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 2482 ENTITLED, IN PART, "A RESOLUTION . . . DESIG- NATING CERTAIN STREET INTERSECTIONS WHERE A STOP IS REQUIRED. . .", AND AUTHORIZING THE INSTALLATION OF A STOP SIGN ON MAYFIELD AVENUE AT ITS INTERSECTION WITH OAK STREET. (22) Council Member Miller made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 88-476 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. RES. 88-477 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO OLSTEN TEMPORARY SERVICES FOR THE FURNISHING AND DELIVERY OF INDUSTRIAL LABOR, TO BE UTILIZED BY THE PUBLIC BUILDINGS DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-89-l3. (23) . City Attorney Penman distributed a memorandum dated December 14, 1988, from Sr. Deputy City Attorney Wilson, in which he points out that hiring temporary employees to perform renovation work currently taking place in City Hall, conflicts with the requirements of the Charter. City Attorney Penman agreed with Mr. Wilson's conclusion, and stated that the Civil Service Board, with the approval of the Mayor and Common Council, should adopt appropriate procedures pursuant to Charter Sections 250 and 251, as there are none in place at this time. In addition, there is a question as to the rights of the unions to be involved. Mr. Penman stated that Civil Service Rule 502 relates to making temporary appointments. That Section expressly provides that temporary appointments should be made in the same manner as permanent appointments. He stated that a procedure needs to be established to include a provision that regular or permanent City employees are not capable of doing the work. Those temporary employees hired for elections by the City Clerk would not be included, because they are hired specifically for elections. . Acting City Administrator Robbins answered questions regarding the hiring of temporary employees. He stated it is not the intent of the City to contract out labor for regular on-going full time positions, and that the only temporary employees other than those used for the renovation are temporary services, such as secretary or clerk, for a month or two until a list is established. - 10 - 12/19/88 . City Attorney Penman stated that his recommendation was that the Council take no action at this time, in light of Mr. Wilson's memorandum. However, the Council may make a finding that there are no City employees capable of performing this work at this time, adopt the resolution and refer the matter to the Civil Service Board to establish the proper procedures. He stated that the Public Services and Public Buildings Departments probably don't have sufficient staff to complete the renovation work as well as regular duties, and that would be the basis for the finding. This would provide protection to the City if the matter ever went to Court. Council Member Pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that a finding be made that the City does not have sufficient staff available at this time to perform the tasks necessary to complete the renovation of City Hall. Acting City Administrator Robbins confirmed that the City does not have sufficient staff to perform these tasks and it is anticipated that the work will be completed in six months. . COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the issue be referred to the Civil Service Board to establish procedures allowing for temporary services. Council Member Miller made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 88-477 was 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 Reilly, that the following resolutions be adopted: RES. 88-478 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO WALT RANKIN AND ASSOCIATES FOR THE FURNISHING AND DELIVERY OF PLAYGROUND EQUIPMENT FOR PERRIS HILL PARK, TO BE UTILIZED BY THE PARK AND RECREATION DEPART- MENT IN ACCORDANCE WITH BID SPECIFICATION F-89-14. (24) . - 11 - 12/19/88 . RES. 88-479 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE SAN BERNARDINO MUNICIPAL WATER DEPARTMENT RELATING TO THE PURCHASE OF OFFICE FURNISHINGS FOR THE RENOVATION OF CITY HALLS. (25) RES. 88-480 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE SECOND AMENDMENT TO JOINT POWERS AGREEMENT OF 1965 BETWEEN THE CITY OF SAN BERNARDINO AND LOMA LINDA SANITATION DISTRICT. (26) Resolution Nos. 88-478, 88-479 and 88-480 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. . ST. BERNARDINE'S MEDICAL CENTER - REQUEST FOR AUTHORIZATION TO CONCURRENTLY PROCESS BUILDING PERMIT WITH A C.U.P. - CONSTRUCTION OF PARKING STRUCTURE. - CONTINUED FROM EARLIER IN THE MEETING (See page 6) In a letter dated December 8, 1988, Doug Clary, Assistant Administrator, St. Bernardine's Medical Center, requested authorization to file for plan check of a proposed parking structure to be processed concurrently with a required Conditional Use Permit (C.U.P.). The request is made to avoid substantial delays on providing severely needed community services. (4) Phil Arvizo, Executive Assistant to the Council, explained that Vince Bautista, Principal Planner, had stated that the requested procedure had been done in the past and a waiver has to be signed. Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that a public hearing be set for January 3, 1989, at 10:00 a.m., for the purpose of discussing the request of St. Bernardine's Medical Center for concurrent processing of a building permit and CUP for the construction of a parking structure. . REPORT - ENCROACHMENTS IN STREET RIGHT-OF-WAY BEING A HAZARD OR HINDRANCE - TRACT NO. 11118, MEYERS ROAD In a memorandum dated November 28, 1988, Roger Hardgrave, Director of Public Works/City Engineer, presented a report regarding whether or not certain properties on Meyers Road presented either a hindrance of hazard. He stated that a field review was made of the subject - 12 - 12/19/88 . properties by representatives from the City's Attorney and Engineering Offices. He stated that none of the properties were considered to be a hazard to traffic, the public or to safety. All were found to be a hindrance only. (11) Roger Hardgrave, Director of Public Works/City Engineer, presented background information on the encroachment problem on Meyers Road. Mr. Palmer, removed Bill Nilsson, 7035 Meyers Ct., stated that Mr. a neighbor, was in contempt of Court, as he had not his fence, and claimed it was a hazard. Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the report on encroachments in street right-of-way, within Tract No. 11118, be received and filed, and that the matter be referred to the Legislative Review Committee for a recommendation. Roger Hardgrave, Director of Public Works/City Engineer, agreed to notify all interested parties of the time and place of the Legislative Review Committee. . PUBLIC HEARING - CLOSURE OF TIPPECANOE & MILL STREET - BOUNDARIES OF BALLISTIC MISSILE OPERATIONS COMPLEX This is the time and place set for a public hearing to consider the closure of portions of Tippecanoe Avenue, from the south boundary of the Ballistic Missile Operation Complex to Mill Street, and from the west boundary of the Ballistic Missile Operations Complex to Tippecanoe Avenue. (12) Roger Hardgrave, Director of Public Works/City Engineer, stated that Norton Air Force Base had requested the vacation of portions of Tippecanoe Avenue and Mill Street adjacent to the Ballistic Missile Operation (BMO), so it could be included within the base perimeter. He advised them that the City would be willing to consider this if the Air Force would get funds to construct a permanent by-pass around Norton Air Force Base for through traffic. Mr. Hardgrave stated that the Air Force officials are concerned about lack of security of the BMO, which is a sensitive facility, being outside the base perimeter. . Mr. Hardgrave stated that notices regarding this hearing were sent to abutting property owners, and a notice had been published in the newspaper. He also stated there are utilities in both streets, so the City would require a guarantee that personnel would be allowed to do maintenance work, as well as maintenance on traffic signals at Tippecanoe and Mill. - 13 - 12/19/88 . The Director of Public Works/City questions regarding the rerouting of Avenue, Lena and Central. He stated impact would be minimal. Engineer answered traffic on Gifford that the financial The Director of Public Works/City Engineer answered questions regarding the proposed permanent by-pass. He stated the Air Force would like for the streets to be vacated permanently, but the City would not agree unless funds were available for a permanent by-pass. COUNCIL Council Meeting and MEMBER POPE-LUDLAM RETURNED Member Pope-Ludlam returned to the took her place at the Council Table. Council Col. Brook Bailey, Wing Commander, 63rd Military Air Lift wing at Norton Air Force Base, stated that the Air Force had been working with the City in hopes of moving the security gates farther south and west to provide increased security for the base. He stated they would not deny access to the streets to officials to maintain utilities. . Col. Bailey introduced a letter into the record from Major General Berry, dated December 16, 1988. In the letter, Major General Berry pointed out the positive economic impact the BMO facility has in San Bernardino, and stated the Air Force is not trying to expand their facilities. Their main concern is in the security and safety of personnel and property. Col. Bailey answered questions regarding the completion of a permanent by-pass around Norton, stating it was to their best interest to have it completed, and they were working towards this end. He also stated they planned to upgrade the appearance of the gates at the base. Chuck Obershaw, representing Inland Action and Bill Leonard, spoke of the importance of the BMO in providing defense to our Country, and also of the vital economic impact to San Bernardino. The level of security needed is impossible to provide when its operations are separated from the main base. Jack Clapper, owner of three acres at 714-716 S. Tippecanoe, expressed concern that if through traffic is diverted from Tippecanoe, he would not be able to advertise this property for sale, as military personnel would be the only people using that portion of the street and civilians who might be interested in buying would not be there to see the signs. . - 14 - 12/19/88 . Larry Strom of Laguna Niguel stated he owned four acres adjacent to the office building at the edge of the property on Tippecanoe. He stated that a development is being put together there and moving the gate farther out will create traffic problems during the rush hours. Daniel Salter, owner of intersection of Mill and Lena, City of San Bernardino, stated traffic problems created by the property at the northeast and also a developer in the that there would be serious proposed street closures. Roger Hardgrave, Director of Public Works/City Engineer, answered questions, stating his staff had done a quick, preliminary traffic study, and it was determined that about 6,000 cars a day classified as through traffic traveled northbound on Tippecanoe, turning on Central. Central is a four lane, striped street. He estimated that traffic could be increased to 7,000 to 8,000 per day. A discussion ensued regarding the mentioned in the traffic study, and whether closer to 33,000 or 21,000 cars. number of cars the figure was . Mr. Salter suggested that improvements be completed in the streets before any closure is authorized. He also stated that if the closure is authorized, it will never be reversed, and the City would be responsible for all the costs. Roger Hardgrave, Director of Public Works/City Engineer, explained conditions on Central, Gifford, and Lena Streets as they related to the proposed closing of Tippecanoe and Mill. City Attorney Penman stated that the City of San Bernardino has been put on legal notice by the Air Force that there is a security risk for the BMO. He explained that if any personnel on the base were injured, or something worse happened as a result of a breach in security after the City had been cautioned, there probably would be a lawsuit. City Attorney Penman answered questions, stating that the potential liability for traffic problems on City streets is minor compared to the liability the city faces in case of a truck with dynamite going into the BMO. William Franks, owner of property on the corner of Mill and Gifford, was opposed to the proposed street closure, as he felt it would create chaos and depreciate the value of his property. . - 15 - 12/19/88 . Donald Kaplan, owner of property at the corner of Tippecanoe and Cooley, expressed concern over the proposed stopping of traffic on Tippecanoe and how it relates to a permanent solution to this problem. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, to bring this matter back on January 17, 1989, after meeting with staff personnel, the Air Force, and others, for a final recommendation. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. RESOLUTION OF THE CITY OF SAN BERNARDINO SUPPORTING THE DESIGN REVISION TO THE ROUTE 30/330 INTERCHANGE BY ELIMINATING ACCESS AT PACIFIC STREET AND CREATING ACCESS AT CENTRAL AVENUE. (Continued from November 21, 1988) (14) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be continued to 2:30 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (See page 30 ) . RECESS MEETING At 11:15 a.m., the Regular Meeting of the Mayor and Common Council recessed for a five minute break. RECONVENE MEETING At 11:27 a.m., the Regular Meeting of the Mayor Common Council reconvened in the Council Chambers of Hall, 300 North "D" Street, San Bernardino, California. and City ROLL CALL Roll Call was taken by the City Clerk 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. 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. . SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT - PROPOSED SETTLEMENT In a memorandum dated December 14, 1988, Steven Dukett, Executive Director of the Redevelopment Agency, stated that - 16 - 12/19/88 . on December 5, 1988, the Community Development Commission approved two Agreements for Cooperation with the San Bernardino Valley Municipal Water District. He explained that certain changes were made in the agreements and listed those changes. (R-5) Mr. Patrick Milligan, attorney for San Bernardino Valley Municipal Water District, stated that he had the signed Requests for Dismissals with Prejudice with him and would deliver them to the Agency Counsel as soon as the Commission took action on the motion before them. The Common Council, acting as the Community Development Commission, took action to authorize the execution of Agreements for Cooperation between the Redevelopment Agency and the San Bernardino Valley Municipal Water District. COUNCIL Council Meeting and MEMBER POPE-LUDLAM RETURNED Member Pope-Ludlam returned to the took her place at the Council Table. Council . PUBLIC HEARING - ROCKWELL INTERNATIONAL - APPROVAL OF LEASE AND OPTION TO PURCHASE - DISPOSITION AND DEVELOPMENT AGREEMENT This is the time and place set for a public hearing to consider the Lease and Option to Purchase and the execution of a Disposition and Development Agreement between Rockwell International Corporation and the Redevelopment Agency of the City of San Bernardino. (R-7) Mayor wilcox opened the hearing. RES. 88-481 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE LEASE WITH OPTION TO PURCHASE OF THAT CERTAIN PROPERTY IDENTI- FIED AS APN 281-031-51 AND 281-041-41, LOCATED ON COOLEY AVENUE WITHIN THE SOUTHEAST INDUSTRIAL PARK PROJECT AREA, BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO TO ROCKWELL INTERNATIONAL CORPORATION (HEALTH AND SAFETY CODE SECTION 33433). City Clerk read the title of the resolution. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the hearing be closed, that further reading of the resolution be waived and that said resolution be adopted. . Resolution No. 88-481 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. - 17 - 12/19/88 . Pursuant to a recommendation by Sr. Assistant City Attorney Barlow, Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, to approve Item C which is the Lease and Option to Purchase with Rockwell International Corporation. JOINT PUBLIC HEARING - SALE OR LEASE OF YWCA PROPERTY - 566 NORTH LUGO - CONTINUED FROM DECEMBER 5, 1988 This is the time and place continued to for a joint public hearing to consider the lease or sale of real property located at 566 N. Lugo, among the City of San Bernardino, the Redevelopment Agency and Young Women's Christian Association. (R-8) Mayor wilcox opened the hearing. Attorney Phil Savage, representing the YWCA, gave a brief history of the YWCA and its relocation to the present location adjacent to Seccombe Lake Park. He explained the provisions of a previous lease, which provided for a 50 year period at $1.00 per year, and a $300,000 insurance requirement. . Mr. Savage stated that the City has a major concern regarding liability that can be settled by selling the property to the YWCA, and requested on their behalf, that the Redevelopment Agency approve the sale of the property to the YWCA. Mr. Savage explained that the proposed purchase price of $26,000 is really a zero purchase price, and only reimburses the City for out of pocket costs. Linda Savage, representing the YWCA, answered questions regarding fencing around the facility, stating that the Day Care Center and the doors facing the lake are totally fenced. There is a new entrance to the YWCA from the parking lot. RES. 88-482 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE SALE OF THAT CERTAIN PROPERTY IDENTIFIED AS APN 135-061-10, LOCATED AT 566 NORTH LUGO AVENUE WITHIN THE CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA, BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO TO THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF GREATER SAN BERNARDINO (HEALTH AND SAFETY CODE SECTION 33433). City Clerk Clark read the title of the resolution. . Mayor Wilcox stated that the YWCA didn't necessarily want to be in that location, but didn't have many options when they were asked to relocate there. They have worked to - 18 - 12/19/88 . overcome problems the sale of the community. that faced them. property will It was her opinion that benefit everyone in the Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the hearing be closed, that further reading of the resolution be waived, and that said resolution be adopted. Resolution No. 88-482 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Miller. Noes: Council Member Flores. Absent: None. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. RECESS MEETING CLOSED SESSION At 11:55 a.m., Council Member Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that the Community Development Commission recess to a Closed Session pursuant to Government Code Section 54956.9(c) to decide whether to initiate litigation. (R-6) . CLOSED SESSION At 11:55 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, Miller; Sr. Assistant City Attorney Barlow; Acting City Administrator Robbins. Absent: Council Member Pope-Ludlam; City Clerk Clark. COUNCIL MEMBER ESTRADA EXCUSED At 12:04 p.m., Council Member Estrada left the Closed Session ADJOURN CLOSED SESSION At 12:07 p.m., the Regular Meeting of the Council Chambers of City Bernardino, California. Closed Session adjourned to Mayor and Common Council in Hall, 300 North "D" Street, the the San RECONVENE MEETING At 12:07 p.m., the Regular Meeting of the Mayor Common Council reconvened in the Council Chambers of Hall, 300 North "D" Street, San Bernardino, California. and City . - 19 - 12/19/88 -r . 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; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Member Pope-Ludlam. ANNOUNCEMENT - COUNCIL MEMBER POPE-LUDLAM ABSENT FROM CLOSED SESSION Mayor wilcox stated for the public Member Pope-Ludlam was not in the Closed discussion concerned a property owned Pope-Ludlam: the Westside CDC Property. record that Council Session because the by Council Member COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. RECESS MEETING At 12:09 p.m., Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the meeting recess to the RDA Board Room for a luncheon workshop for a discussion of circulation and transportation as it relates to the General Plan. . LUNCHEON WORKSHOP - DISCUSSION OF CIRCULATION AND TRANSPORTATION AS IT RELATES TO THE GENERAL PLAN At 12:40 p.m., Mayor Wilcox called the luncheon workshop to order in the RDA Board Room, Fourth Floor, City Hall, 300 North "0" Street, San Bernardino, California, for discussion of circulation and transportation as it relates to the General Plan. (35) ROLL CALL Roll Call was taken by Deputy City Clerk Reese with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Sr. Assistant City Attorney Barlow, Deputy City Clerk Reese, Acting City Administrator Robbins. Absent: None. . City staff also present: Richard Bennecke, Executive Assistant to the Mayor; Phil Arvizo, Executive Assistant to the Council; Greg Garcia, Project Coordinator, Mayor's Office; Roger Hardgrave, Director of Public Works/City Engineer; Gene Klatt, Assistant City Engineer; Anwar Wadgy, Traffic Engineer; Deputy City Administrator Richardson; Fred Wilson, Assistant to the City Administrator; Valerie Ross and Vince Bautista, Principal Planners; from the Redevelopment Agency: Steve Dukett, Executive Director, Lorraine Velarde, Manager, Administrative Services, Katharine Peake, Executive Secretary. - 20 - 12/19/88 . r . Also present: From SanBag: Wes McDaniel, Kery Forsythe; from the Citizens Advisory Committee: Evelyn Alexander, Courtney Buse, John Traver; and Traffic Consultant Michael Meyer. Michael Meyer, from the firm of DKS in Los Angeles, Traffic Consultant for the General Plan, gave an overview of existing and proposed traffic circulation in the City and spoke of the impact of land use alternates on traffic flow. He used a large wall map to show present freeways, major arterials, secondary arterials, collector streets, and local streets. He pointed out specific streets that would require changes to accommodate growth and development in the area. A discussion ensued regarding traffic and circulation in various areas of the City, primarily the routes to the mountains and the area surrounding Cal State. It is anticipated that both of these areas will show marked growth and development in the future. COUNCIL MEMBER At 1: 30 p.m., Meeting. MILLER EXCUSED Council Member Mi ller left the Council . ADJOURN At 1:37 the Council Bernardino, WORKSHOP p.m., the workshop adjourned to 2:00 p.m., in Chambers of City Hall, 300 North "D" Street, San California. RECONVENE MEETING At 2:15 p.m., the Regular Meeting of the Mayor Common Council reconvened in the Council Chambers of Hall, 300 North "D" Street, San Bernardino, California. and City 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; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: None. . APPEAL - DENIAL OF REVIEW OF PLANS NO. 88-60 - MULTI-TENANT RETAIL BUILDING - NORTHEAST CORNER OF WATERMAN AND HOSPITALITY LANE - M. S. PARTNERSHIP - CONTINUED FROM NOVEMBER 21, 1988 This is the time and place continued to for consideration of an appeal filed by Michael Palmer & Associates, representing M. S. Partnership on the Planning Commission's denial of Review of Plans No. 88-60, for construction of a multi-tenant retail building. The property is located at the northeast corner of Waterman Avenue and Hospitality Lane. (43) - 21 - 12/19/88 . Mayor wilcox opened the hearing. John Montgomery, Principal Planner, explained that the County Flood Control staff had retracted their 100 feet setback requirement and will allow some erosion control measures instead. Other issues to be resolved include: amount of landscaping and setback on Waterman, and transportation concerns. Mr. Montgomery requested another continuance to allow for a project redesign. He also requested rights to permit streamlining. John Lightburn, P. O. Box 1622, San Bernardino, CA 92402, representing La Mancha Development, stated they had met with Council Member Estrada and County Flood Control Engineers. He spoke of a packet which included a letter dated December 8, 1988, from Ken Miller, Director, Transportation/Flood Control Department, San Bernardino County, explaining that flood protection could be maintained by a 28 foot setback. Mr. Lightburn requested the adoption of the 28 foot setback as a condition of development, that the matter be continued for 60 days and referred back to staff to address the other issues of traffic, landscaping, etc. . Roger Hardgrave, Director of Public Works/City Engineer, explained that even though he agreed that the site could be adequately protected from flooding by a 28 foot setback, he was recommending the 100 foot setback be retained based on two policy issues: the precedent being set, and the severance damages that were paid to the property owner when the remainder parcel was created. City Attorney Penman recommended denial of the appeal and expressed doubt regarding a waiver to permit streamlining action. If the appeal were denied, the appellant could come back to the Council again when they have additional information. Mayor Wilcox stated that she didn't have with a 28 foot setback as long as there is that the City doesn't have any liability for setback and setting a precedent. any problems the assurance allowing that City Attorney Penman stated that it would be setting a precedent, as two other people have asked for the same thing on the same basis on this property. . John Montgomery answered questions, stating that the application for Review of Plans No. 88-60 was filed on June 7, 1988. - 22 - 12/19/88 . City Attorney Penman stated there is a one year period allowed from the date of filing the request for a Review of Plans until the Permit Streamlining Act goes into effect. Michael Palmer, 1205 J Street, San Diego, California, appellant, stated that until the setback issue is resolved, the other issues were irrelevant. The severity of the diminished value is still unknown, and there is still much to do regarding the landscaping and the traffic problems. He stated he had studied court records on this case and had found no mention of a 100 foot setback. City Attorney Penman stated that the matter was settled when the original owner was paid more than the diminished value of the property due to the unusual amount and shape that was left after the City put the road through. The successor in interest does not have a legitimate claim that the City should have given additional setbacks in addition to the money that has already been paid. John Lightburn stated they have done everything understood they were supposed to do in this matter. stated they were willing to offer any written statement the developer regarding the waiver of time. they He from . Mr. Jerry stated he was rights to the partners would Dowd, General Partner, M. willing to go on the record Permit Streamlining Act. He be willing to sign a waiver. S. Partnership, to waive all the felt the other The other partners were not present. City Attorney Penman stated that a waiver from only one partner is not sufficient. John Montgomery expressed concern regarding the problems of the setback and landscaping. He stated that if the appeal is denied, the appellants could come back and start over again. City Attorney Penman explained that Deputy City Attorney Wilson had stated that the City did pay severance damages to Pinky Brier in addition to paying for the road. Deputy City Attorney Wilson explained the meaning of severance damages. Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the hearing be closed. . Council Member Minor made a motion, seconded by Council Member Maudsley, to deny the appeal and deny Review of Plans No. 88-60. - 23 - 12/19/88 . The Members Members motion carried by the following vote: Ayes: Council Reilly, Maudsley, Minor, Miller. Noes: Council Estrada, Flores, Pope-Ludlam. Absent: None. APPEAL - CONDITIONAL USE PERMIT NO. 88-38 - APPROVAL BY PLANNING COMMISSION - ESTABLISH A CHURCH (VICTORY OUTREACH) - WEST SECOND STREET 180 FEET EAST OF MT. VERNON This is the time and place by Council Member Flores on approval to establish a church General Commercial (CG) land use Policy Document (IPD) with an Limited General Commercial at set to hear an appeal filed the Planning Commission's (Victory Outreach) in the designation of the Interim underlying zone of C-3A, Second and Mt. Vernon. (44 ) City Attorney Penman answered questions regarding the request by Council Member Flores for a waiver of the appeal filing fee. He stated there is no provision for such a waiver. Council Member Flores agreed to pay to fee of $75.00. Mayor wilcox opened the hearing. . John Montgomery, Principal Planner, stated the application for C.U.P. 88-38 requests approval to establish a church, Victory Outreach, on Second Street, 180 feet east of Mt. Vernon, within the Uptown Redevelopment Project Area. He stated that the church works with drug rehabilitation and homeless people. Council Member Flores, in a memorandum dated November 15, 1988, based his appeal on the objection to a church being located in a commercial center. It was his desire to promote further economic development in this area by promoting business development in the center. He felt that a church is not the best use of the property. Max Salva, 268 W. Esperanza, Associate Pastor of Victory Outreach, stated he had put together a packet with a number of letters on their behalf from well informed community and civic leaders. He stated the church would be an asset to the City, as there is much drug abuse and gang activity and that location is the key area in which to attack the problem. . Yolanda Daly, 316 N. Mt. View, an investigator with the District Attorney's Office and former San Bernardino Police Officer, stated she felt Victory Outreach would be an asset to San Bernardino. She stated she had seen the good work this Church had done with individuals released from prison who have gone out into the community and tried to serve others. - 24 - 12/19/88 . Yolanda Oronoz, owner of San Bernardino Shopping Center, stated she had visited Victory Outreach Church and was pleased to see what the church is doing: She was in total agreement with opening the church in this location. Arthur Porter, 830 N. 2nd Street, Colton, retired teacher and administrator, stated he was the parent of an addict who went through Victory Outreach's program. He stated that his son's cure was a miracle and felt this type of program was a necessity in our community. Richard Rio, 11960 Norwick, Rancho Cucamonga, Assistant Manager for an alocoholic rehabilitation counseling program, and Administator of Victory Outreach, stated he had been a drug addict, but was cured by going through the Victory Outreach Program. He explained that the proposed location would house a church, not a rehabilitation center or soup kitchen. He stated they have over 4000 signatures that support establishing a church in this location. He also indicated that a great deal of money is spent in jailing individuals for drug problems and related costs, and that in helping people overcome drug problems, the community would save money. . Mr. Rio answered questions, stating that church services are held on Sundays at 9:00 a.m., and Tuesdays at 7:00 p.m. There would be additional services, such as revivals from time to time. Ms. Oronoz, owner of the shopping center, answered questions regarding the rental of other units in the center. Eloise Reyes, an attorney in San Bernardino, stated she was familiar with the Victory Outreach Program both personally and professionally. She stated that judges use the program when they want assurance that someone will be rehabilitated. On a personal level, she stated her brother, who had been a drug addict, had been helped by this program. Eddie Angel, 14490 Mojave Dr., Victorville, stated the influence of this church changed his life. He had been a drug addict and alcoholic and after his association with Victory Outreach, graduated from Skadron College and became a minister. Albert Sais, Pastor of Victory Outreach, 4972 Mayfield, answered questions regarding church attendance. He stated they are presently meeting at a church on the corner of Mt. View and Ninth Street. . Mike Sotello, Indio, stated he had gone through the program and felt it gives the addict something to work - 25 - 12/19/88 . towards. He stated the program reaches people and gives them God in their lives. Pedro Gonzales stated he was born and raised in a ghetto in San Bernardino, had a troubled life and had been raised in Juvenile Hall. He stated that his association with Victory Outreach had changed his life. Lydia Salva, wife of Outreach, stated she was a results of crime and drug She stated that the Church avoid these situations and the Associate Pastor of Victory Registered Nurse and had seen the addiction in her hospital work. could reach and help individuals lead a better life. Susan Rogers, stated her husband was in Chino prison, and spoke about the need for adequate detoxifiction centers. Zetah Nolan, 1051 W. 2nd Street, spoke against locating Victory Outreach on Second Street. She stated there have been very few problems in this area recently, and she was alarmed that this might bring problems back into the neighborhood. She stated that many of the people speaking for the project were from out of town, and suggested that the church be located in another location. . Steven Dukett, Executive Director, Redevelopment Agency, stated that the proposed site for Victory Outreach is located within a Redevelopment Project Area. He stated he believed the site presents a long term opportunity for economic revitilization and job creation, and the Agency is in the process of assessing what the best and highest use of that land might be. Council Member Flores, appellant, stated he thought the work of Victory Outreach was admirable, and they should be commended. He stated the reason for his appeal was that he didn't feel that locating the Church in this location would be the best use for the property. He explained that in the near future, this location could be converted to a transportation center for the entire area as a long term use. A discussion ensued regarding other possible locations for Victory Outreach. Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the hearing be closed. Council Member Flores made a motion, seconded by Council Member Reilly, to uphold the appeal and deny CUP No. 88-38. . - 26 - 12/19/88 . The motion failed by the following vote: Ayes: Council Members Reilly, Flores, Miller. Noes: Council Members Estrada, Maudsley, Minor, Pope-Ludlam. Absent: None. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, to deny the appeal and approve CUP 88-38 with variance subject to the Findings of Fact and Conditions of Approval contained in the November 9, 1988, staff report. The Council Noes: None. motion Members Council carried by the following vote: Ayes: Estrada, Maudsley, Minor, Pope-Ludlam. Members Reilly, Flores, Miller. Absent: RECESS MEETING - FIVE MINUTE BREAK At 4:20 p.m., the Regular Meeting of the Mayor Common Council recessed for a five minute break. and RECONVENE MEETING At 4:30 p.m., the Regular Meeting of the Mayor Common Council reconvened in the Council Chambers of Hall, 300 North "D" Street, San Bernardino, California. and City . 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; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: None. RES. 88-483 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO THE AGREEMENT INCORPORATED IN RESOLUTION NO. 87-267 WITH ENVICOM CORPORA- TION. (45) Vince Bautista, Principal Planner, explained the provisions of the First Amendment to the contract with Envicom. The amount of the contract has been increased from $598,810 to $697,554. In addition to the difference in dollar amount, the resolution will also clear up some exhibits to the contract. . Acting City Administrator Robbins explained the provisions of Finance Director Green's memorandum of December 9, 1988. Mr. Green stated in the memorandum that the Planning Department had requested an additional $99,400 for General Plan cost overruns. The Planning Department can find $28,799 of this amount in their 1988/89 budget, leaving $70,601 to be funded by other means. Mr. Green recommended that the remainder be funded out of Appropriated Reserve and Separation Benefits Accounts. - 27 - 12/19/88 . Principal Planner Bautista stated the Planning Department was asking that a consultant attend all meetings between now and the end of the General Plan period. They are asking that one consultant, Woodie Tescher, be in attendance at each hearing, unless the Council is merely taking testimony. City Clerk Clark read the title of the resolution. Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the resolution be waived. Council Member Miller made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 88-483 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, to approve the method of funding as presented by the Finance Department. . READING AND WAIVING OF ORDINANCES City Clerk Clark read the titles of all the ordinances on the Council Agenda. Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of all the ordinances on the Council Agenda be waived. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST 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 CENTERLINE OF LEROY STREET), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (Continued from December 5, 1988) (27) Council Member Maudsley made a motion, seconded Council Member Flores and unanimously carried, that ordinance be laid over for final passage. by said . - 28 - 12/19/88 . ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST 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 PROPOSED EXTENSION OF PIEDMONT DRIVE, APPROXI- MATELY 285 FEET EAST OF THE CENTERLINE OF CACTUS CIRCLE), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (Continued from December 5, 1988) (28) Council Member Maudsley made a motion, seconded by Council Member Miller and unanimously carried, that said ordinance be laid over for final passage. COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council Meeting. . ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 9.80.010, 9.80.050 AND 9.80.060 OF THE SAN BERNARDINO MUNICIPAL CODE; REPEALING SECTIONS 9.80.020, 9.80.030 AND 9.80.040 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADDING SECTION 9.80.015 TO THE SAN BERNARDINO MUNICIPAL CODE TO PROHIBIT THE CARRYING OF AN EXPOSED DANGEROUS WEAPON. (First) (30) Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that said ordinance be continued to January 17, 1989. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.54.030 OF THE SAN BERNARDINO MUNICIPAL CODE RELATIVE TO EXCEPTIONS FROM THE PROHIBITION AGAINST UNLAWFUL NOISES WITHIN THE CITY OF SAN BERNARDINO. FIRST (29) City Attorney Penman answered questions regarding prosecuting violations caused by noises by railroads. Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that said ordinance be laid over for final passage. . AYSO SOCCER PARK - PACIFIC AND ORANGE STREETS - REQUEST FOR FINANCIAL SUPPORT - CONTINUED FROM NOVEMBER 21, 1988 This is the time and place continued to consideration of a request from Roger Itaya, Regional for - 29 - 12/19/88 . Commissioner of the American Youth Soccer financial support and ballfield maintenance located at Pacific and Orange Streets. Organiztion, for of the AYSO Park (31) Mayor wilcox stated that an agreement had been reached with the School District regarding maintenance of AYSO Soccer Park. The City will continue to maintain the ballfield at Del Vallejo, and the School District will maintain the AYSO Soccer Field. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the request for maintenance of AYSO Soccer Park be tabled. COUNCIL MEMBER Council Member took her place MILLER RETURNED Miller returned to the at the Council Table. Council Meeting and RESOLUTION OF THE CITY OF SAN BERNARDINO SUPPORTING THE DESIGN REVISION TO THE ROUTE 30/330 INTERCHANGE BY ELIMINATING ACCESS AT PACIFIC STREET AND CREATING ACCESS AT CENTRAL AVENUE. (Continued from November 21, 1988) (14) . Jerry proposed indicated Lunt from Cal Trans Design Section, explained design of the Highland/Arden interchange where the off and on ramps would be located. the and Mr. Lunt answered questions regarding the level of service. He stated the new construction would handle traffic for ten to fifteen years. At that time, the City might have to build another interchange at Central. Roger Hardgrave, Director of Public Works/City Engineer, stated that presently, the 30/330 interchange provides for local service to Pacific Street. He stated that this will increase traffic on Pacific and impact the Highland Historic District. This will require Cal Trans to go through extensive environmental review and delay the project from 18 months to two years. A way to avoid delays was to redesign the project. Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that the matter of the 30\330 Interchange be continued to January 3, 1989, and that the Director of Public Works/City Engineer prepare a revised resolution for adoption. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. . - 30 - 12/19/88 . DECISION OF THE CITY ATTORNEY CONCERNING THE RESPONSIBILITY TO MAINTAIN AND CLEAR A SEWER LATERAL LOCATED AT 1940 W. BASELINE - CARL CLEMONS - CONTINUED FROM DECEMBER 5, 1988 This is the time and place continued to for discussion on the decision of the City Attorney regarding the responsibility to maintain and clear a sewer lateral located at 1940 W. Baseline, property owner by Carl Clemons. (34) Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley and unanimously carried, to direct the Director of Public Services to take another look at the sewer at 1940 W. Baseline, and if it is still a problem, report back to Council. . GENERAL OBLIGATION BOND BLUE RIBBON COMMITTEE - REPORT In a memorandum dated December 5, 1988, Edward Wheeler, Chairman of the General Obligation Bond Blue Ribbon Committee, presented a report on the Committee's membership and activities. At a meeting on October 26, 1988, although a quorum was not present, it was decided that the Committee should reconvene in January, 1989, for the purpose of evaluating the feasibility of a General Obligation Bond issue, as well as other financing options to fund capital improvements. (36) Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that the Committee be reconstituted and reconvened in January, 1989, for the purpose of evaluating the ways of financing the needs that have been previously addressed with the stipulation that the Committee as reconstructed, include active participating appointees from all seven wards and the Mayor's Office; that Council Members Estrada, Minor and Miller remove themselves from appointment to the General Obligation Bond Blue Ribbon Committee; and that the Committee adjourn to a first meeting in January, 1989, with the time and exact date to be scheduled in the near future. AUTHORIZATION TO EXTEND MONTH TO MONTH RENTAL - 181 S. "G" STREET - GARDEN STATE PAPER CO. - CONTINUED FROM DECEMBER 5, 1988 This is the time and place continued to for discussion on authorization to extend month to month rental of 181 So. "G" Street for 90 days for Garden St:lte Paper Co. (32) . At the meeting of December 5, 1988, Roger Hardgrave, Director of Public Works/City Engineer, stated in a memorandum dated November 17, 1988, that Garden State Paper had been leasing the premises at 181 So. "G" Street from the City since 1980. That lease expired in 1985, and Garden State continued to rent on a month to month basis. That - 31 - 12/19/88 . rental agreement was terminated and the lessee needed additional time to relocate to new sometime in March, 1989. stated he facilities Mayor wilcox read a new proposed motion prepared by the City Attorney's Office as requested by Council Member Estrada. The motion read as follows: "That the Real Property Section be authorized to extend the termination of the month to month lease of the premises located at 181 S. "G" Street, wi th Garden State Paper Co., from December 31, 1988 to March 31, 1989. No greater (additional) extension shall be authorized. Thirty days from today staff shall report on tenant's progress in vacating the premises. Tenant does not hereby obtain any leasehold interest in the premises." City Attorney Penman answered questions. Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the Real Property Section be authorized to extend the termination of the month to month lease of the premises located at 181 S. "G" Street, with Garden State Paper Co., from December 31, 1988, to March 31, 1989. . SEWER SERVICE REQUEST - PROPERTY OUTSIDE CITY LIMITS - TENTATIVE 'TRACT 13944, 42ND STREET BETWEEN 3RD AVENUE AND "F" STREETS - 20 SINGLE FAMILY DWELLING UNITS - CONTINUED FROM DECEMBER 5, 1988 This is the time and place continued to for discussion on a request to provide sewer service to property outside the City limits for Tentative Tract 13944, 42nd Street between 3rd Avenue and "F" Streets for 20 single family dwelling units. (33) At the meeting of December 5, 1988, Bernard Kersey, Ex-Officio Secretary, Board of Water Commissioners (Director, Administration & Finance, Water Department), stated that Hafif Properties and San Bernardino County Environmental Health Department had requested that Tentative Tract 13944 be authorized to connect to the City's sewer system. This project is located outside the corporate limits of the City and is not adjacent to the current City boundaries. Approval of this project has been delayed because of potential negative impact to groundwater. City Attorney Penman stated verification from Sacramento beyond mentioned dated November 3, 1987. staff analyst, and Mr. Penman felt it he still didn't have the letter previously The letter is from a was not adequate. . Mr. Penman stated that the Board of Water Commissioners does not want to provide sewer service outside City limits. - 32 - 12/19/88 ~u . He stated it is important to know what Sacramento's position is. He explained that provisions of the map are clear and the language of the federal grant which funded the treament plant, read in context with the map, makes it clear that by the year 2000 the City has to be providing sewer service to all the people within the boundaries on the map. Bernard prohibits the City limits. sha 11 approve Kersey stated there is an ordinance that City from providing sewer service outside the It provides that the Mayor and Common Council any service connection outside the City. Mr. Kersey answered questions, stating that the Department had undertaken planning studies and facility reports to expand service capabilities to the year 2010. Copies of all correspondence and reports have been provided to the City Administrator's Office, except a report prepared by Curry Engineering in 1969, as the Water Department does not have a copy. It was done under the direction of the Public Works Department. Roger Hardgrave, Director of Public Works/City Engineer, stated that he had a copy of the Curry Report. . City Attorney Penman stated that the ordinance denying sewer service outside the City limits is not a valid reason for not giving such service if the City agreed they would do it when the accepted this grant. Roger Hardgrave, Director of Public Works/City Engineer, stated that there are five County pockets within the area on the map that were not within other agency service areas. All five of those islands are presently served with interceptor sewer service. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the request for sewer service for Tentative Tract 13944 be continued to January 17, 1989, 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 A LEASE AGREE- MENT FOR A POLICE COMMUNITY SERVICE OFFICE FOR AREA C. (S-l) Police Chief Burnett explained that said resolution involves the moving of one of the community service offices from 2656 W. Foothill to 1292 W. Mill Street. He asked that it be continued until certain notification can be made. . Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that said resolution - 33 - 12/19/88 . be continued to January 3; 1989, in the Council Chambers of City Hall; 300 North "D" Street, San Bernardino, California: RES. 88-484 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH FEDERAL, STATE, COUNTY AND CITY PUBLIC ENTITIES TO FORM A CLANDESTINE LABORATORY TASK FORCE TO INVESTIGATE AND PROSECUTE CRIMINAL CASES INVOLVING ILLEGAL MANUFACTURING OF CON- TROLLED SUBSTANCES. (S-2) Police Chief Burnett answered questions regarding forfeiture procedures. City Attorney Penman stated these would be Federal cases, and the District Attorney would not be involved. Council Member Maudsley made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 88-484 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Estrada. . RES. 88-485 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A THIRD AMENDMENT TO AGREEMENT WITH YVONNE EVERETT AND TAMARIO FUNN RELATING TO THE PURCHASE AND SALE OF CERTAIN REAL PROPERTY. (S-3) Council Member Maudsley made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 88-485 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Estrada. VICTIM SUPPORT SERVICES PROGRAM - ALLOCATION OF FUNDS In a memorandum dated December 5, 1988, (included in the Ways and Means Committee Report, Item 3b, page 3), Capt. David Thomas, Acting Chief of Police, requested funding in the amount of $23,000 for the Victim Support Services Program. He presented eight findings to support the request and other documents which provided background information. (S-4) Ken Henderson, Director, Community Development, answered questions. . Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that the - 34 - 12/19/88 . City Council allocate Program through the 1988/89. $23,000 to the victim Support Services remainder of the current fiscal year DEMOLITION OF MILES HOUSE - 439 W. 8TH STREET In a memorandum dated December 15, 1988, City Attorney Penman stated that CEQA and City Resolution No. 13157 provide that demolition of an individual single-family residence is categorically exempt from environmental review unless the structure is of historical, archaelogical, or architectural significance. He recommended that this matter be referred to the Environmental Review Committee for a hearing to analyze the need for environmental review. (S-5) City Attorney Penman stated that he was advised by the Building and Safety Department that a permit for demolition of the Miles House was issued in the name of Harry Press of Presco. Mr. Press said he was unaware that a permit had been issued in his name and it was not done with his authorization. Mr. Penman explained the provisions of CEQA relative to the Miles House. . Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the matter of the demolition of the Miles House be referred to the Environmental Review Committee for a hearing to analyze and evaluate the need for environmental review. UNDERWRITER SERVICES FOR CITY/HOUSING AUTHORITY/ SAN BERNARDINO HOSPITAL SENIOR HOUSING COMPLEX In a memorandum dated December 7, 1988, Ken Henderson, Director of Community Development, gave the background of the concept of development of a fifty unit senior citizen apartment complex in conjunction with the Housing Authority of San Bernardino County and the San Bernardino Community Hospital. He stated that a Request for Proposals (RFP) was issued and four proposals were received, reviewed and rated. The selection of Ehrlich Bober and Company, Inc., was recommended. (38) Ken Henderson, Director answered questions. of Community Development . Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, to approve the selection of Erlich Bober and Company, Inc., as underwriter for City/Housing Authority San Bernardino Community Hospital Senior Housing Complex, and direct the City Attorney to prepare the appropriate documents for approval by the Mayor and Common Council on January 3, 1989. - 35 - 12/19/88 r . REQUEST FOR APPEAL HEARING - DENIAL OF BUSINESS PERMIT - ORANGE GROVE MOTEL - 1686 MT. VERNON AVENUE - ATTORNEY ANDREW J. HAYNAL FOR HITESH PATEL In a memorandum dated December 8, 1988, Shauna Clark, City Clerk, provided the background of the request for an appeal hearing by Attorney Andrew J. Haynal, representing Hitesh Patel regarding the denial of a business permit for the Orange Grove Motel, 1686 Mt. Vernon Avenue. She stated that on October 10, 1988, the Police Commission had denied a business permit to Mr. Patel to operate the Orange Grove Motel. (37) In her memorandum, City Clerk Clark explained that the Council has two options at this point: that the request for an appeal hearing on the Police Commission's denial of a business permit for the Orange Grove Motel be denied, or granted when any of the following conditions exist: (A) The appellant was denied the opportunity to make a full and complete presentation to the Police Commission, or (B) New evidence is now available that was not available at the time of the Police Commission hearing, or (C) The Police Commission's decision was arbitrary and capricious because inadequate evidence was presented to the Commission to support its decision. . City Attorney Penman explained that unless a hearing was held, he didn't see how the facts of this matter could be determined. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that the request of Andrew J. Haynal, attorney for Hitesh Patel, that the Mayor and Common Council conduct an appeal hearing on the Police Commission's denial of a business permit for the Orange Grove Motel be granted and that the hearing be held Tuesday, January 3, 1989, at 4:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion Council Members Miller. Noes: Member Estrada. carried Reilly, Council by the following vote: Ayes: Flores, Maudsley, Pope-Ludlam, Member Minor. Absent: Council COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. . RENTAL REHABILITATION PROGRAM - PUBLIC DISCLOSURE OF CONFLICT OF INTEREST BY PARTICIPANTS In a memorandum dated December 7, 1988, Ken Henderson, Director, Community Development Department, explained that CD Financial had been selected to provide escrow services for the City's Rental Rehabilitation Program. During the - 36 - 12/19/88 . background check, it was found that one of the investors in CD Financial, Mr. John Rampello, had previously requested financial assistance to rehabilitate property in the City. After conferring with the City Attorney, it was determined that the escrow service would be conducted internally by the City and not by CD Financial or staff associated with the firm, and that a public disclosure of the conflict of interest be made. (39) Mr. Henderson explained why HUD needs confirmation of the possible Conflict of Interest. written Council Member Minor made a motion, seconded by Council Member Flores, that the possible conflict of interest between CD Financial, Inc., City of San Bernardino Rental Rehabilitation Escrow Services Company, and John Rampello, part owner of CD Financial, Inc., property owner and Rental Rehabilitation participant, be publicly disclosed in accordance with Section 570.11 of Federal regulations and that the City Clerk be directed to provide the U. S. Department of Housing and Urban Development written confirmation and documentation of such public disclosure. . The motion carried Council Members Reilly, Council Member Maudsley. Pope-Ludlam. by the Flores, Absent: following vote: Ayes: Minor, Miller. Noes: Council Members Estrada, VERDEMONT AREA - FINANCING PUBLIC IMPROVEMENTS - EXEMPTION - DELGADO In a memorandum dated December 12, 1988, Ken Henderson, Director of Community Development Department, gave the background of the development of a financing plan for the construction of certain public improvements in the Verdemont Area bounded by Little League Drive on the west, the alignment of Cable Canyon Creek on the south, Devil's Canyon on the east and the National Forest boundary on the north. (40) Mr. Henderson stated he had been advised by the City Attorney and he concurred, that the financing plan should be referred to the Environmental Review Committee for appropriate action before the Mayor and Council make a decision on the plan itself. It was pointed out that Mrs. to proceed with construction of would not be issued to her. Loreta Delgado was unable her home because permits . City Attorney Penman stated that single family dwellings are exempt from CEQA. He explained that the problem is that the City is withholding issuing permits to Mrs. Delgado until she pays the fee, but the City doesn't know what the fees are. - 37 - 12/19/88 . A discussion ensued regarding a motion made at the Council Meeting on May 23, 1988, and further clarified on June 20, 1988, that indicates that no building or grading permits would be issued until the financing plan is adopted. Mrs. Loreta Delgado, P. O. Box 1023, Colton, CA, stated her property is a one-half acre lot. She explained that she had come to City Hall many times to get the necessary permits to build, and at no time did anyone tell her she could not proceed. She specifically asked if there was a moratorium, and was told there was not. Her plans were accepted and she was asked for additional documents, such as grading plans. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, to amend the floor motion (May 23, 1988) to exempt owner/occupied single family residences of a lot size of 10,800 or more from the "no permits issued until the financing plan is in effect". Additionally, those persons that are affected by that amendment will pay the new fee after the financing plan has gone into effect. . John Edwins, Developer, requested that the financing plan be continued for two weeks and referred to the Legislative Review Committee. He stated the assessment boundaries do not coincide with the hydrology studies for the areas that are going to be contributing water into the system. He stated he would like to be a part of this plan and would contribute financially but wanted the boundaries and other issues clarified. Mr. Edwins also spoke of the great length of time it has taken to resolve this matter. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the Financing Plan for certain pUblic improvements in the Verdemont Area be referred to the Environmental Review Committee to be held on December 22, 1988, and the Legislative Review Committee to be held at 1:30 p.m., on December 29, 1988. BELMONT AND CHESTNUT AREA DRAINAGE DISTRICT - AUTHORIZATION TO PROCEED In a memorandum dated November 17, 1988, Roger Hardgrave, Director of Public works/City Engineer, explained that residents of the Verdemont Area have requested that the Master Plan Chestnut Avenue Storm Drain be constructed before any further developments are approved. It is anticipated that this storm drain will cost approximately $1,370,000. (41) . Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that authorization to - 38 - 12/19/88 . proceed with the Belmont and Chestnut Area Drainage District be continued to January 17, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. PALM AND KENDALL DRIVE AREA SIGNALIZATION AND DRAINAGE DISTRICT - AUTHORIZATION TO PROCEED In a memorandum dated November 17, 1988, Roger Hardgrave, Director of Public Works/City Engineer, stated that residents of the Verdemont Area have requested that traffic signals be installed in Palm Avenue and Kendall Drive, and a box culvert be constructed on Palm Avenue at Cable Creek. It is anticipated that the traffic signals will cost approximately $120,000 and the box culvert about $636,000. (42) Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the authorization to proceed with the Palm and Kendall Drive Area Signalization and Drainage District be continued to January 17, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER MAUDSLEY EXCUSED Council Member Maudsley left the Council Meeting. . RECESS MEETING - CLOSED SESSION At 6:50 p.m., Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the Regular Meeting of the Mayor and Common Council recess to Closed Session pursuant to the following: Government Code Section 54957 to consider matters; personnel (46) Government Code Section 54957.6 to Designated Representatives regarding labor meet with its relations matter; (47) Government Code Section 54956.9(b) (1) to confer with its attorney regarding pending litigation; (48) Government Code Section 54956.9(c) attorney regarding pending litigation, decide whether to initiate litigation; to confer with its so that Council may (49) Government Code Section 54956.9(a) to confer attorney regarding pending litigation which initiated formally to which the City is a party as with its has been follows: (50) . City of Management, No. 238755; San Bernardino vs. California Construction Inc., et al - San Bernardino Superior Court Case - 39 - 12/19/88 . Saldecke, et al vs. City of San Bernardino; et al - San Bernardino Superior Court Case No. 236836; Cable Lake Association vs. City of San Bernardino - San Bernardino Superior Court Case No. 239714 and Case No. 239649; City of San Bernardino vs. San Bernardino Baseball Club, Inc. - San Bernardino Superior Court Case No. 239193; Stubblefield Construction Company, et al Bernardino, et al - San Bernardino Superior 232998; vs. City of San Court Case No. Juan Manuel Sanchez vs. City of San Bernardino - United Stated District Court Case No. CV87-2291 AWT (Bx); Charles H. Brown vs. City of San Bernardino San Bernardino Superior Court Case No. 243087; Sock Dawson, et al vs. City of San Bernardino, et al - United States District Court Case No. SA 88-461 AHS (RWRx) ; . Lines vs. City of San Bernardino Superior Court Case No. 221289; San Bernardino Barron/Alcarez vs. City of San Bernardino San Bernardino Superior Court Case No. 241692; Gideon U. United States (JRx) ; Brown vs. San Bernardino Police Department - District Court (Central) Case No. 88-06331 HLH Betty Ann Mulica vs. City of San Bernardino San Bernardino Superior Court Case No. 243108; John V. Grinrod vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 241586. CLOSED SESSION At 6:50 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, California. . ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Members Estrada, Pope-Ludlam. - 40 - 12/19/88 . Also present: Gordon Johnson, Director of Personnel. ADJOURN CLOSED SESSION At 7:45 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 RECONVENE MEETING At 7:45 p.m., the Regular Meeting of the Mayor Common Council reconvened in the Council Chambers of Hall, 300 North "D" Street, San Bernardino, California. and City ROLL CALL Roll Call was taken by the City Clerk with the following being present: Mayor Wilcox; Council Members Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Members Estrada, Pope-Ludlam. . ADJOURN MEETING At 7:45 p.m., Council Member Reilly made a seconded by Council Member Flores and unanimously that the meeting be adjourned to 9:00 a.m., January in the Council Chambers of Ci ty Hall, 300 North "D" San Bernardino, California. motion, carried, 3, 1989, Street, (51) , ~.#'/?2?/~#' - Ci ty Clerk No. of Items: 63 No. of Hours: 9.5 . - 41 - 12/19/88