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HomeMy WebLinkAbout05-01-1989 Minutes r . City of San Bernardino, California May 1, 1989 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox at 9: 20 a.m., Monday, May 1, 1989, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. INVOCATION The Invocation was given by Rev. Barnabas Laubach of St. Bernardine's Medical Center. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tempore Estrada. . ROLL CALL Roll Call was taken by City Clerk Clark with the fOllowing being present: Mayor Wilcox; Council Members Estrada, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Member Reilly. PUBLIC COMMENTS - THE SWORD Roger Dumas, a citizen who identified himself as the Anti-Christ of Revelations True Lord of Scripture, defined the three beasts of scripture. He stated that he has begun the restoration of the Garden of Eden by recycling approximately 30 to 40 thousand pounds of debris into two gardens located at 231 E. 9th Street and 1182 7th Street. (Al PRESENTATION - CITRUS QUEEN FOR SISTER CITY TAURANGA NEW ZEALAND - CALIFORNIA CITRUS QUEEN Thelma Press, Cultural and International Affairs of the Ci ty of San Bernard ino, introduced Lisa Hi fases lop, Citrus Queen from Sister City Tauranga, New Zealand, her mother and aunt, Wendy Hartman, California Citrus Queen, and officials from the National Orange Show. (B) Mayor Wilcox stated that she had presented Keys to the City of San Bernardino to Lisa Hifaseslop and Wendy Hartman at a previous event held at the National Orange Show. . 1 5/1/89 . Lisa Hifaseslop on behalf Tauranga, New Zealand, presented of timber. of Mayor N. F. Pope of Mayor Wilcox with a gift Mayor Wilcox accepted the gift and presented a plaque containing the City's Seal to Lisa Hifaseslop on behalf of Mayor N. F. Pope, and presented tokens of appreciation to both Lisa Hifaseslop and Wendy Hartman for having visited San Bernardino. PROCLAMATION - STATEWIDE WATER AWARENESS WEEK Richard Bennecke, Executi ve Ass istant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino declaring May 1, 1989 through May 7, 1989, as Statewide Water Awareness Week. (B) Joe Stejskal accepted the Herbert B. Wessel, General Department. proclamation on behalf of Manager of the Water . PROCLAMATION - HIRE A VETERAN WEEK Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino declaring May 7, 1989, through May 13, 1989, as Hire a Veteran Week. (B) Al Harr is, Veterans Outreach Program Representa ti ve of the Employment Development Department, Eilene Mayfield, Office Manager, and Richard Rojas, a veteran, were present to receive the proclamation. Al Harris stated that the Veterans Outreach Program's main priority is to assist disabled veterans in seeking employment. He stated that all persons interested in this program should contact their local Employment Development Office for assistance. PRESENTATION - JAMES K. GUTHRIE AUDITORIUM Richard Bennecke, Executive Assistant to the Mayor, read a resolution in support of designating the San Bernardino High School auditorium as the James K. Guthrie Auditorium. (B) Mr. James K. Guthrie was present to receive the resolution. . RESOLUTION OF THE CITY OF SAN BERNARDINO IN SUPPORT OF DESIGNATING THE SAN BERNARDINO HIGH SCHOOL AUDITORIUM THE JAMES K. GUTHRIE AUDITORIUM. 2 5/1/89 . Council Member Estrada made a motion, seconded by Council Member Flores, that said resolution be approved. The resolution was approved by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Rei lly. APPROVAL OF COUNCIL MINUTES - APRIL 21, 1989 Council Member Minor 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 April 21, 1989, be approved as submitted in typewritten form. (1) APPROVAL OF WAYS AND MEANS COMMITTEE MINUTES - APRIL 24, 1989 - COUNCIL MEMBER ESTRADA Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the minutes of the Ways and Means Committee Meeting held on April 24, 1989, be approved. The following items were on the agenda: (2) . 1. Report on Cultural Fees. 2. Resolution Authorizing Agreement with Prime Time Choraliers/AARP San Bernardino North ~2083 for the Promotion of Arts and Culture. 3. Request to Restructure CDBG Loan - Home of Neighborly Service. 4. Proposal for Alternative Disposal of Cat Carcasses. 5. City Budget. 6. Meeting Dates. FOURTH WARD PARK EXTENSION FUND - DEL VALLEJO BALLFIELD - INSTALLATION OF SCOREBOARD - APPROVAL OF EXPENDITURE OF FUNDS In a memorandum dated April 19, 1989, Annie F. Ramos, Director of Parks, Recreation and Community Services, requested that funds from the Fourth Ward Park Extension Fund be approved for the installation of a new scoreboard at the Del Vallejo ballfield. (3) . 3 5/1/89 . Council Member Minor Council Member Miller and expenditure of $1,000 from for the installation of ballfield be approved. made a motion, seconded by unanimously carried, that the Fourth Ward Park Extension Fund a scoreboard at Del Vallejo PERRIS HILL PARK FDR BOWL- INSURANCE PREMIUM IN LIEU OF RENTAL FEES - JUNIOR UNIVERSITY In a memorandum dated April 11, 1989, Annie F. Ramos, Director of Parks, Recreation and Community Services, stated that the Junior University has acquired a $1 million liability insurance pOlicy, and requests that the premium costs for the insurance policy be accepted in lieu of the rental costs for use of the FDR Bowl in Perris Hill Park for annual performances to be held May 6 through August 2, 1989. (4) Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the acceptance of payment of insurance premium by Junior University in lieu of rental fee for FDR Bowl, be authorized. . POLICE PISTOL RANGE - BAFFLES REPLACEMENT AND EARTHEN BERM CONSTRUCTION - APPROVAL AND ACCEPTANCE OF WORK - PLAN NO. 7572 In a memorandum dated April 18, 1989, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that all work under contract with Timothy J. Ferrie Co., for the replacement of baffles and the construction of an earthen berm for the Police pistol Range, has been satisfactorily completed as of March 20, 1989, for a final contract price of $11,775.00. (5) Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the work performed by the contractor for the replacement of baffles and the construction of an earthen berm for the Police Pistol Range, in accordance with Plan No. 7572, be approved and accepted; and that final payment be authorized at the expiration of the lien period. CLAIMS AND PAYROLL Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the cla ims and payroll, and the author i zation to issue warrants as listed on the memorandum dated April 24, 1989, from the Director of Finance, be approved. (6) . 4 5/1/89 . PERSONNEL ACTIONS Council Member Minor 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. (7) PROTEST HEARING - VACATION - PORTIONS OF MAIN STREET AND BROADWAY STREET, BETWEEN "I" AND "J" STREETS. (Continued from January 17, 1989) This is the time and place continued to for a protest hearing concerning the vacation of portions of Main and Broadway Streets, between "I" and "J" Streets. (8) In a memorandum dated January 10, 1989, Hardgrave, Director of Public Works/City provided a report on alternate crossings which more appropriate candidate for closure than Broadway Streets. Roger G. Engineer, might be Main and . In his memorandum, Mr. Hardgrave explained the that the extension of "F" Street, south of Rialto Avenue, is an integral part of the Central City South Project, and will require approval of a new public grade crossing over the Santa Fe Railway. Santa Fe has indicated that they would consider approving the new public grade crossing, provided that a present crossing(s) is closed. Main Street and Broadway Streets are minor crossings and were selected as possible candidates to be closed. Acting City Administrator Robbins stated that representatives from Santa Fe declined to meet with the City concerning this matter. Phil Arvizo, Executive Assistant to the Council, stated that representa ti ves from Santa Fe Ra i lroad had written several letters to the Redevelopment Agency, maintaining their position that there was nothing further to discuss. Mayor wilcox opened the hearing. Carl Oldenkamp, 1240 W. Edgemont, owner of property adjacent to the railroad tracks, requested that Council deny the proposed vacation of Main and Broadway Streets, between "I" and "J" Streets. City Clerk Clark answered questions regarding why this matter had been continued. . 5 5/1/89 . Stanley Lang of Lang's Empire Building Materials, stated that he owns and leases property at 9413 W. 2nd Street and 9513 W. 2nd Street. He stated that forklift drivers use Main Street and 2nd Street to deliver materials to his property and, if the proposed streets were closed, the drivers would have a difficult time backing out onto "I" or "J" Streets. He further stated, that the proposed vacation would adversely affect the value of his property. Dean Meyers, owner of property at 982 W. 2nd Street, explained that he receives supplies from Los Angeles and that deliveries are made at the back entrance of his business on Main Street. If Main Street is closed off, the large 30' trucks would have difficulty getting into his yard and would have a problem backing out onto 2nd Street. . Jean Conmery, 950 W. Second Street, stated she rents property to Mr. Lang who needs access to Main Street from both directions. If Main Street is closed, Mr. Lang may be forced to move elsewhere, leaving her without an income. She stated that the property was designed for use with access to Second Street and Main Street. Ms. Conmery further stated that, if Main Street is closed, the property value would substantially drop. Leverne Zulch, 3520 Broadmoor, stated she owns property on both sides of the railroad. She stated that if Main and Broadway Streets were closed, emergency vehicles would not be able to access her property. Mrs. Zulch requested that the proposed vacation of Main and Broadway Streets be denied. Discussion ensued regarding the urgency of this matter to vacate a portion of Main and Broadway Streets. Roger G. Hardgrave, Director of Eng ineer, answered questions concerning the proposed street vacation. Public Works/City the urgency for Director Hardgrave explained that the City could move ahead with a portion of the Central City Project without the "F" Street crossing, stating that time is of the essence to get the Central City Project on track. Director Hardgrave answered questions future plans for the Ennis Street crossing. regarding . 6 5/1/89 ,.- . Stanley Lang questioned whether a of the number of deliveries made by stated that there are practically no the Redlands Spur. study had been made Redlands Spur. He deliveries made by Roger Hardgrave answered questions railroad line being sold to investors for rail system. reg ard ing the use as alight Carl Oldenkamp stated his business has been located at its present address for over 25 years, and during that time he has not experienced any problems with the railroad crossings. Discussion ensued regarding continued for further study. this matter being Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that this matter be referred to the Redevelopment Agency Committee for further study wi th a report back to the Mayor and Common Council on June 19, 1989. . RECESS MEETING - CLOSED SESSION At 10: 05 a.m., Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the meeting recess to Closed Session pursuant to Government Code Section 54957.6, to meet with its Designated Representatives regarding labor relations matters. (14) CLOSED SESSION At 10:05 a.m., Mayor wilcox called the Closed Session to order in the Conference Room, 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, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Member Reilly. Also present were: Director, Steve Filarsky, City Attorney Roth. Gordon Johnson, Personnel City's Labor Negotiator, Deputy . COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Closed Session. 7 5/1/89 . COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Session Meeting. Closed COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Closed Session. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Closed Session Meeting. CITY'S LABOR NEGOTIATOR FILARSKY EXCUSED Steve Filarsky, City's Labor Negotiator left the Closed Session. ADJOURN CLOSED SESSION At 11:10 a.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. . RECONVENE MEETING At 11: 10 a.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by Ci ty Clerk Clark wi th the following being present: Mayor Wilcox; Council Members Estrada, Flores, Minor, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Members Reilly and Maudsley. READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of the resolutions on the agenda. Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that further reading of the resolutions be waived. COUNCIL MEMBER MAUDSLEY ARRIVED At 11:17 a.m., Council Member Maudsley arrived at the Council Meeting and took his place at the Council Table. Council Member Minor made Council Member Miller, that the adopted: a motion, seconded by following resolutions be . 8 5/1/89 . RES. 89-118 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT WITH JOHN HANCOCK LIFE INSURANCE COMPANY, RELATING TO A CHANGE IN RATES FOR CITY-PAID LIFE INSURANCE FROM $.43/$1131313 TO $.56/$1131313 EFFECTIVE FEBRUARY 1, 1989, AND REPEAL OF RESOLUTION NO. 89-57. (9) RES. 89-119 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO INLAND OVERHEAD DOOR COMPANY FOR REPAIR AND MAINTENANCE OF ELECTRICAL AND MANUAL ROLL-UP DOORS, SCREENS AND BI-FOLD DOORS. (113) RES. 89-1213 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AUTHORIZING THE JOB CORPS CENTER TO CONNECT THEIR PROPERTY LOCATED AT 3173 KERRY STREET, OUTSIDE THE INCORPORATED TERRITORY OF THE CITY, TO THE CITY'S SEWER SYSTEM. (11) . Resolution Nos. 89-118, 89-119, 89-1213 were adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Reilly. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.36.13213 AND ADDING SECTION 2.36.13313 TO ACCEPT THE PENAL CODE REQUIREMENTS RELATING TO THE SELECTION AND TRAINING STANDARDS OF PUBLIC SAFETY DISPATCHERS. (First Reading) (12) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that said ordinance be continued to the Regular Meeting of the Mayor and Common Council to be held on May 15, 1989. READING AND WAIVING OF ORDINANCE City Clerk Clark read the title of the following ordinance. Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, that further reading of the ordinance be waived. . ORDINANCE OF THE CITY OF AMENDING SECTION 5.76.21313 BERNARDINO MUNICIPAL CODE TO INCREASE IN RATES FOR TAXICAB SAN BERNARDINO FIRST OF THE SAN PROVIDE FOR AN SERVICE. (13) 9 5/1/89 " . Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, that said ordinance be laid over for final passage. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - REGULAR MEETING The Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order by Chairman Wilcox in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. READING AND WAIVING OF RESOLUTION City Clerk Clark read the title of the resolution on the Community Development Commission/Redevelopment Agency Agenda. Council Member Pope-Ludlam made a motion, seconded by Council Member Minor and unanimously carried, that further reading of the following resolution be waived. . RES. 89-121 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONSENTING TO THE EXECUTION OF A TH IRD AMENDMENT TO PARKING LICENSE AND EASEMENT WITH OPTION RIGHTS BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AND CENTRAL CITY COMMERCE CENTER AND REPEALING RESOLUTION NO. 88-306. (Woolworth Building - 4th & "E" Streets) (R-2) COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. Council Member Minor made a motion, seconded by Council Member Flores that said resolution be adopted. Resolution No. 89-121 was adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Members Reilly and Pope-Ludlam. PARKING AGREEMENT - FIVE-LEVEL PARKING STRUCTURE - 235 INVESTMENTS, INC. 201 NORTH "E" STREET In a memorandum dated April 25, 1989, John F. Wilson, Senior Deputy City Attorney, stated that 235 Investment, Inc., proposes to lease 360 spaces in the fi ve-level parking structure for use by tenants and customers of the Thrifty Building located at 201 North "E" Street. (R-3) . He stated that 235 Investment Inc. proposed that 185 of the 360 spaces would be reserved and the remaining 175 spaces would be unreserved, but available for use on the fifth level of the parking structure. 10 5/1/89 r f . In his memorandum, conclusive determination unresolved issues that agreement. John Wilson stated that no has been reached concerning the are presented in the lease In a memorandum dated April 25, 1989, Fred A. Wilson, Assistant to the City Administrator, provided background information concerning the parking agreement for the Thrifty Building located at 201 North "E" Street. Acting City Administrator Robbins stated that the number of spaces requested by 235 Investment, Inc. is not sufficient for the Thrifty Building. He stated 235 Investment, Inc. did not go through the proper process of applying to the Planning Commission for a variance. Donald Lew, President of 235 Investments, Nevada based corporation, stated that he was about the internal process of applying to the Commission for a variance. He stated that contracted to revitalize the Thrifty Building of making it a benefit to the City. Inc., a not sure Planning he was in hopes . Mr. Lew stated that he is proposing a $73,000 a year space payment for the right to park in the structure and estimates about a $6 million income stream. Mr. Lew answered questions regarding the 90 day termination clause in the agreement. He stated that he is willing to take the financial exposure of having a termination clause in the agreement. He stated that the 175 unreserved parking spaces he is asking for would be located on the fifth level of the parking structure, which has about a 90% vacancy rate. He stated that overallocation could be a problem and he understands that the spaces may not necessarily be available on a 24 hour basis on any given day of the week. John Wilson, Deputy City questions, stating that the initial is for five (5) years with three (3) the discretion of the leasee. Attorney, answered term of the agreement five-year renewals at Mr. Lew stated that there was an additional condition that the leasee not be in default of any provisions of the agreement at the time of renewal. . 11 5/1/89 . Mr. Lew availability of the fifth level answered questions concerning the 175 undesignated parking spaces of the parking structure. the on A discussion ensued regarding the problem of over- allocation in the parking structure. Senior Assistant City Attorney Barlow pointed out that the Parking Place Commission is concern with the problem of overallocation. John Wilson answered questions regarding who has jurisdiction over the fifth level of the parking structure and why this item appeared on the Redevelopment Agency Agenda. Mr. Lew explained that he is in escrow to purchase the Thrifty Building, and that he wants assurances that future tenants will have adequate parking. He stated that he will not move forward and purchase the building if he does not have sufficient parking to meet the requirements of future occupants of the building. . A discussion ensued regarding overallocation and how this issue will be Thrifty Building is fully occupied. John Wilson stated that the applicant did not go through the internal process and explained how the process worked. the issue of handled when the John Wilson answered questions regarding the differences between the parking agreement for the Sun Co. and the proposed agreement for 235 Investments, Inc. Mr. Lew stated that he understood that due to overallocation, the additional 175 undesignated spaces may not be available on a continuing basis. Deputy City Attorney Wilson pointed out agreement contains language that the party will parking requirements and that the public review would be bypassed as a result of this agreement. tha t the meet all process Senior Assistant City Attorney Barlow stated that he would prepare a report, at some future date, relative to why the agreement was wr i tten to incl ude language tha t would bypass the public review process. . 12 5/1/89 . Deputy City Attorney Wilson answered questions, stating that he had prepared the staff report because staff was not making progress in resolving the problems of overallocation in the parking structure. Deputy City Attorney Wilson answered questions, stating that the number of parking spaces required for the parking structure is set forth in the Planning Code. Mr. Lew stated that the agreement could be modified to indicate that he will comply with the available parking spaces set forth in the current code. A discussion ensued regarding the proposed leasing of spaces to 235 Investments, Inc., and the problems that could arise when the parking structure becomes full. Mr. Lew answered questions regarding the calculations that were used in the staff report in determining how many parking spaces were needed for the Thrifty Building. He reiterated that he was willing to modify the proposed lease agreement to be consistent with the parking requirements. . He further stated that issue of bypassing planning review process could be addressed through agreement with individual tenants to apply certificate of occupancy permits. the an for Brad Kilger, Director of Planning, answered questions regarding a shared parking proposal. Mr. Lew answered questions, stating that under the present parking ordinance 3l~ spaces are needed in the parking structure. He stated that he is willing to stipulate that any future use for the building will not exceed the parking ord inance requi rements. He further stated that he has no use for 5~~ plus parking spaces in the structure now, or in the future. Mr. Lew answered questions regarding how the number of parking spaces were calculated. Fred Wilson, Assistant to the City Administrator, answered questions regarding the lease agreement with the Sun Company. He stated that originally the Sun Company was allowed to have 165 parking spaces, but was later reduced to 9~ spaces. . 13 5/1/89 . He stated that the lease with the Sun Company is due to expire May 15, 1989, and that there are 30 uncommitted spaces on the fifth level recognizing the 90 spaces that will become available on May 15th. A discussion ensued responsibility when the parking its capacity. regarding the City's structure becomes full to Senior Assistant City Attorney Barlow answered questions, stating that the City would not be held responsible for the overallocation, because of the 90 day cancellation clause in the lease agreement. Steve Dukett, Executive Director of the Redevelopment Agency, presented concerns about the 184 spaces on the north side of City Hall and the fact that those spaces will be adversely affected by the proposed construction of a 10 story tower on the corner of Court and "E" Streets. . READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of the resolutions on the Community Development Commission/Redevelopment Agency Agenda. Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that further reading of the resolutions be waived. A discussion ensued regarding pedestrian walkways between the Thrifty Building. the developer providing parking structure and Deputy City Attorney Wilson requested that the record reflect that the party has agreed that the uses for the structure wi 11 at all times conform to the present and future parking requirements as required by City ordinances. Jim Robbins, Acting City Administrator, it was his understanding that Mr. Lew would whatever the Planning Department requires. stated that concur wi th . Brad Kilger stated that Planning has calculated that 500 plus spaces are needed for the Thr ifty Bui Id ing. He pointed out that Mr. Lew must understand that when the agreement is entered into, that it does not preclude the City from saying a variance would have to be obtained for a particular use that exceeds the 300 plus parking space requirement. 14 5/1/89 r . A discussion ensued regarding a condition being placed wi thin the lease agreemen t tha t the uses for the Thrifty Building will at all times, conform to present and future parking requirements of the City. Senior Assistant City Attorney Barlow stated that the condition can be added by interdelineation. City Clerk Clark requested the exact language of the condition that is to appear in the lease agreement. Deputy City Attorney Wilson stated language will have to be prepared and Council at the next meeting. that the exact brought back to Ci ty Clerk Clark suggested tha t the resol uti on be adopted with the understanding that the agreement will be amended, and that the amendment will be inserted prior to the Mayor's signature. . Mr. Lew stated that he will work with Deputy City Attorney Wilson to structure wording that will be acceptable to the Council. Senior Assistant City Attorney Barlow that a substitute motion could be made agreement as discussed and bring back for next Council meeting. advised Council to rev i se the approval at the Mr. Lew stated that he has a problem with continuing this matter until the next regularly scheduled Council meeting of May 15, 1989, but agreed to continuing this matter to Wednesday, May 3, 1989. Council Member Estrada made a motion, seconded by Council Member Miller, that this matter be continued to Wednesday, May 3, 1989, so that specific language concerning the developer's agreement to comply with the City's parking requirements could be added to the lease agreement. The Council Council Reilly. motion carried by the following vote: Ayes: Members Estrada, Minor, Pope-Ludlam, Miller. Noes: Members Flores, Maudsley. Absent: Council Member . 15 5/1/89 . RECESS MEETING - CLOSED SESSION At 12:15 p.m., Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the Regular Meeting of the Mayor and Common Council recess to Closed Session pursuant to the following Government Code Sections: (16,17,18 & S-l) 54956.9(b) (1) to confer with its attorney regarding pending litigation, as there is significant exposure to litigation; 54956.9(c) to confer with its attorney regarding pending litigation, so that Council may decide whether to initiate litigation; 54956.9 (a) to pending litigation which the City is a confer with its attorney regarding which has been ini tiated formally to party as follows: City of San Management, I nc. Case No. 238755; Bernardino vs. California Construction et al - San Bernardino Superior Court . Saldecke, et al vs. City of San Bernardino, et al -San Bernardino Superior Court Case No. 236836; Cable Lake Association vs. City of San Bernardino -San Bernardino Superior Court Case No. 239714 and Case No. 239649; City of Club, Inc. 239193; San Bernardino vs. San Bernardino Baseball San Bernardino Superior Court Case No. Stubblefield Construction Company, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 232998; Juan Manuel Sanchez vs. City of San Bernardino -United States 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) ; . Barron/Alcarez vs. City of San Bernardino Bernardino Superior Court Case No. 241692; San 16 5/1/89 . Barratt, Inc., vs. City of San Bernardino San Bernardino Superior Court Case No. 242433; Highland Hills Homeowners Association vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 241464; Wilbourn vs. City Case No. 238248; San Bernardino Superior Court Reynolds vs. City of San Bernardino - San Bernardino Superior Court Case No. 248752. Adkins vs. City of San Bernardino - San Bernardino Municipal Court Case No. 109709; City of San Bernardino vs. County of San Bernardino _ San Bernardino Superior Court Case No. 242168. . CLOSED SESSION At 12:15 p.m., Mayor Wilcox called the Closed Session to order in the Conference Room of the Council Chambers of Ci ty Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Flores, Maudsley, Minor, Miller. Senior Assistant City Attorney Barlow, Acting City Administrator Robbins. Absent: Council Members Reilly, Pope-Ludlam, City Clerk Clark. Also present were Assistant City Attorney Brue, Deputy City Attorneys Dewey and Roth, Steve Dukett, Executi ve Director of the Redevelopment Agency, John Hoeger, Development Division Manager, Lorraine Velarde, Administrative Services Manager. CITY CLERK CLARK ARRIVED At 12:45 p.m., City Clerk Clark arrived at the Closed Session. STEVE DUKETT, LORRAINE VELARDE, AND JOHN HOEGER EXCUSED At 12:45 p.m., Steve Dukett, Lorraine Velarde, and John Hoeger left the Closed Session Meeting. . COUNCIL Counc il Meeting. MEMBER ESTRADA EXCUSED Member Estrada left the Closed Session 17 5/1/89 . ADJOURN CLOSED SESSION At 1: 00 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Cornman Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At Regular in the Street, 1:00 p.m., Mayor Pro Tempore Flores called the Meeting of the Mayor and Common Council to order Council Chambers of City Hall, 300 North "D" San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Pro Tempore Flores; Council Members Flores, Maudsley, Minor, Miller. Senior Assistant City Attorney Barlow, City Clerk Clark, Acting City Administrator Robbins. Absent: Mayor Wilcox; Council Members Estrada, Reilly, Pope-Ludlam. . ADJOURN MEETING At 1:00 p.m., Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the meeting adjourn to 9:00 a.m., Wednesday, May 3, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (19) ~/.7?d/~4b " City Clerk No. of Items: 25 No. of Hours: 4 hours 20 minutes . 18 5/1/89