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Home My WebLink About05-15-1989 Minutes . . . I 'r~"p'~"l .,.. {",: l'!:'''h'' il"'f.,~:..' ",',' , '''.\i.' '~"'}l:, '~ "li'" >:r;~~;',~- ";"_,~i' "'"t':''' -~~~',;:;. '.'''1 City of San Bernardino, California May 15, 1989 The Regular Meeting of City of San Bernardino was 9:10 a.m., Monday, May 15, Hall, 300 North "D" Street, the Mayor and Common Council of the called to order by Mayor Wilcox at 1989, in the Council Chambers of City San Bernardino, California. INVOCATION The Invocation was given by Executive Assistant to the Council Phil Arvizo. 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; Senior Assistant City Attorney Barlow, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Members Reilly, Pope-Ludlam, Miller. PUBLIC COMMENTS A citizen identifying himself as The Christ" began speaking about Scripture. Sword and the "Anti- (A) Senior Assistant City Attorney Barlow advised that the Public Comments portion of the Mayor and Common Council Agenda is for SUbject matter under the jurisdiction of the Mayor and Common Council. The Sword stated that he intends to speak regarding the homeless. permitted to proceed with his comments, which were prepared text. This text was given to City Clerk part of the official transcript of the Council He was read from a Clark as a Meeting. COUNCIL MEMBER MINOR EXCUSED Council Member Minor left the Council Meeting. when his time limit for However, he did not end his Burnett escorted The Sword Mayor Wilcox informed The Sword Public Comments had been exceeded. dissertation. Chief of Police Don from the podium. 1 5/15/89 . . . 'If .~~- t:i " and COUNCIL Council took her MEMBER POPE-LUDLAM ARRIVED Member Pope-Ludlam arrived place at the Council Table. at the Council Meeting COUNCIL MEMBER MINOR RETURNED Council Member Minor returned to the Council Meeting and took his place at the Council Table. PROCLAMATION - FOSTER CARE AWARENESS MONTH - MAY, 1989 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino, pro- claiming May, 1989, as Foster Care Awareness Month, in recogni- tion of the service foster families provide the community. (B) Ken Weston, Licensing Social Worker for the County of San Bernardino, was present to accept the proclamation. PROCLAMATION - TOURISM AWARENESS DAY - MAY 17, 1989 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino, proclaiming May 17, 1989, as Tourism Awareness Day in the City of San Bernardino, in recognition of the benefits that tourism provides the City. (B) Dan Stark, Executive Director Convention & Visitors Bureau, along with Tourism & Convention Services and June Coordinator, of the Riverside Visitors & present to accept the proclamation. of the San Bernardino Maggie Ivy, Manager of Trudel, Public Relations Convention Bureau, were CITY ATTORNEY PENMAN ARRIVED At 9:30 a.m., City Attorney Penman Meeting and replaced Senior Assistant City arrived at the Council Attorney Barlow. COMMENDATION - SIERRA HIGH SCHOOL - HISTORIC MARKERS Thelma Press, Cultural and International Affairs, made a special presentation of commendation on behalf of Mayor Wilcox to Sierra High School's Wood Shop, The students have been crafting replacement historical arrowhead markers for use by the City. (B) Students and teachers representing Sierra High School were present to accept the commendation. 2 5/15/89 . . . ,', , ,. .- ~, {*" ',;P' .~, . .'~ , .:" .,."... COMMENDATION - JERILYN SIMPSON - SAN BERNARDINO COMMUNITY AGAINST DRUGS, INC, Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of commendation to Jerilyn Simpson for her service with San Bernardino Community Against Drugs, Inc" and acknow- ledging the prestige she has brought the City of San Bernardino in winning an award for an anti-drug project, (B) As Jerilyn award for the Bernardino City commendation, Simpson is in Washington, D,C, accepting an anti-drug project, Janet Reynolds of the Unified School District was present to accept San the COMMENDATION - SENIOR CITIZEN OF THE YEAR - EARLYNE FISHER Richard Bennecke, Executive Assistant to explained that each month a Senior Citizen of recognized, The monthly winners in the audience were Earlyne Fisher was announced as the Senior Citizen of the Mayor, the Month is recognized, the Year, (B) Earlyne Fisher was present to accept her commendation. She also received letters from Governor Deukmejian, Assemblyman Eaves, Senator Ayala and a plaque from the Parks, Recreation and Community Services Department. She introduced Jim Curtis from the County Office on Aging and thanked him for his help in training her. APPOINTMENT - SENIOR AFFAIRS COMMISSION - JOSEPH COLLETTI - SEVENTH WARD In a memorandum dated May 2, 1989, Mayor Wilcox requested the appointment of Joseph Colletti, 1700 E. Date Street #1129, San Bernardino, California, to the Senior Affairs Commission, representing the Seventh Ward. (C) Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the appointment of Joseph Colletti to the Senior Affairs Commission as requested by Councilwoman Norine Miller, be approved, APPOINTMENT - SENIOR AFFAIRS COMMISSION - JOE MORALES - FIRST WARD In a memorandum dated May 4, the appointment of Joe Morales, Bernardino, California, to the representing the First Ward. 1989, Mayor Wilcox requested 1484 W. Seventh Street, San Senior Affairs Commission, (C) 3 5/15/89 -,-",;.r't- . . . :'\}:,'~ .' ,,'.~ ""~{7 I;~: or; :-~ .,e'; :"[':J.'tf"';It::...,'^',) ;-~:;' ,"'!.; Ij:, 'I!',_,~':r""'.~ ".' ::r'i'. ; 1>(' Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the appointment of Joe Morales to the Senior Affairs Commission as requested by Councilwoman Esther Estrada, be approved. APPROVAL OF COUNCIL MINUTES - APRIL 1, 1989 - APRIL 17, 1989 - MAY 3, 1989 Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the minutes of the fOllowing meetings of the Mayor and Common Council of the City of San Bernardino, be approved as submitted in typewritten form: April 1, 1989; April 17, 1989; May 3, 1989. (1) COUNCIL PERSONNEL COMMITTEE MEETING REPORT - MAY 4, 1989 In a memorandum presented a report held on May 4, 1989, discussed: dated May 10, 1989, Council Member Minor of the Council Personnel Committee Meeting at which time the following subjects were ( 2 ) 1 . Public Services Proposed Reclassification - Methods and Standards Expeditor II to Construction Inspector; Proposed Reclassification of Positions of Police Dispatcher and Police Assistant; Request to Reclassify Administrative Operations Supervisor I to Administrative Operations Supervisor II - Library. 2 . 3 . Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the minutes of the Personnel Committee Meeting held May 4, 1989, be received and filed. LEGISLATIVE REVIEW COMMITTEE MEETING REPORT - MAY 4, 1989 In a memorandum dated May 10, 1989, presented a report of the Legislative held on May 4, 1989, at which time the discussed: Council Member Maudsley Review Committee Meeting following subjects were ( 3 ) 1. View Ordinance for Single-Family Homes in the Foothills; Review Recommendations Relative to Handling of Parades and Special Events; Request for Waiver of Requirement to Underground Utilities Southeast Corner of Kendall Drive and University Drive - University Square - Review of Plans No. 86-143; Meyers Road Encroachment. 2. 3. 4. 4 5/15/89 ~;!: s-" : " '!i\1,i%"i""l,.\~_~>~,r ". . . . - ~_:;~-~~. "~", ~~t,'~:,,: "";oc . ~;" , ' ;",.jf:'~:'''~~ ' }"~I-"':;_;.~~~~C, ~z';~, ,'+' Council Member Member Minor and Legislative Review received and filed. Maudsley made a motion, seconded by Council unanimously carried, that the minutes of the Committee Meeting held May 4, 1989, be FY 1989/90 COMMUNITY DEVELOPMENT BLOCK GRANT PROPOSALS - SETTING OF HEARING - REQUESTS FOR FINANCIAL ASSISTANCE In a memorandum dated May 2, 1989, Ken Henderson, Director of Community Development, stated that 59 requests for FY 1989/90 CDBG Program Mix funding have been received and reviewed by the Community Development Citizen Advisory Committee. (4) Council Member Maudsley made a motion, seconded by Member Minor and unanimOUSly carried, that June 5, 1989, p.m., be established as the date and time certain for 1989/90 CDBG Public Hearing for consideration of proposals requesting financial assistance. Council at 3:00 the FY various WEED ABATEMENT ASSESSMENTS - FOURTH STREET AND KENDALL DRIVE - SETTING OF APPEAL HEARING - MICHAEL AND BRENDA ALLEN In a memorandum dated May 4, 1989, Manuel Moreno, Jr., Director of Public Services, provided background information regarding assessments for weed abatement of two parcels located at Fourth Street and Kendall Drive, owned by Michael and Brenda Allen. (5) In a letter dated April 7, 1989, Michael Allen, owner of the abated property, requested an appeal hearing concerning the lien assessment of $1,667.26 to recover the City's costs of abating the nuisance. Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that a pUblic hearing be set for June 5, 1989, at 10:00 a.m. to discuss weed abatement assessments regarding property located at Fourth Street and Kendall Drive, owned by Michael and Brenda Allen. SUMMER FOOD SERVICE PROGRAM - PART-TIME MONITORS In a memorandum dated April 27, 1989, Annie Ramos, Director of Parks, Recreation and Community Services, stated that Summer Lunch Monitors are utilized in the administration and operation of the Summer Food Service Program. Their wage and mileage reimbursements are paid through the Summer Food Service Grant. ( (; ) 5 5/15/89 ~ , . . . .'i7:'~ . .~ ~' ,''ii-'' ?/", ,~~', "" '~ Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the Parks, Recreation and Community Services Department be authorized to hire six (6) part-time Summer Lunch Monitors. CENTER FOR INDIVIDUALS WITH DISABILITIES - REJECTION OF BIDS - CONSTRUCTION OF STORAGE BUILDING In a memorandum dated April 20, 1989, Roger Hardgrave, City Engineer, stated that a bid of $22,500 has been received from the California Conservation Corps to construct, as a training project, a storage building for the Center for Individuals with Disabilities. (8) This project has been advertised for bids three times. The lowest qualifying bid by a contractor is $26,544.98, which is 11.5% over the Engineer's Estimate of $23,800. Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that all bids received for construction of a storage building for the Center for Individuals with Disabilities, in accordance with Plan No. 7272, be rejected; that authorization be granted to submit an application to the California Conservation Corps for construction of a storage build~ng, for the Center for Individuals with Disabilities, in accordance with Plan No. 7272, as a training project, with supervision to be provided by City forces. (See Agenda Item 23 on Page 28) STREET VACATION - PORTION OF SUNWEST COURT, NORTH OF HOSPITALITY LANE - NEGATIVE DECLARATION - FINDING OF CONSISTENCY WITH INTERIM POLICY DOCUMENT In a memorandum dated May 2, 1989, Roger Hardgrave, City Engineer, stated that the Environmental Review Committee has recommended the adoption of a Negative Declaration for Public Works Project No. 89-10, for the vacation of a portion of the east side of Sunwest Court, north of Hospitality Lane. A 14-day public review period was afforded and no comments were received. (10) Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the Negative Declaration for Public Works Project No. 89-10, vacation of a portion of Sunwest Court, north of Hospitality Lane, be adopted; that a finding be made that this vacation is consistent with the Interim Policy Document. 6 5/15/89 ~":;" 1! ) ~-r-.;'6~r:~'''', .... ','.. ~t '--~'_'~'!JS;.' ",~l'i,;"',;"'~;" "i';::, ';'1,; '.,,'ilP"'~-II!!l~:;i~ ";,!>. ";1i' ~~: ,', ,,~,'::t~,.;l'~, ,,_C;;.,;r.~t...,.. ';.: ~V. . SEWERS - CALIFORNIA AND PORTER STREETS TO CAJON BLVD. AND DEVILS CANYON CHANNEL - NEGATIVE DECLARATION - FINDING OF CONSISTENCY WITH INTERIM POLICY DOCUMENT In a memorandum dated May 1, 1989, Roger Hardgrave, City Engineer, stated that the Environmental Review Committee has recommended the adoption of a Negative Declaration for Public Works Project No. 89-5, for the installation of intercepting sewers from California and Porter Streets to Cajon Blvd. and Devils Canyon Channel. A 14-day pUblic review period was afforded and no comments were received. (11) Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the NegaLive Declaration for Public Works Project No. 89-5, installation of intercepting sewers from California and Porter Streets to Cajon Boulevard and Devils Canyon Channel, be adopted; that a finding be made that this project is consistent with the Interim Policy Document. . CONTRACT - PACIFIC FENCE COMPANY - BACKSTOP - BARTA FIELD, BLAIR PARK - APPROVAL AND ACCEPTANCE OF WORK In a memorandum dated May 3, 1989, Roger Hardgrave, City Engineer, stated that the construction of a chain link backstop for Barta Field in Blair Park, has been satisfactorily completed by Pacific Fence Company. (12) Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the work performed by the contractor for the construction of a chain link backstop for Barta Field at Blair Park, per Plan No. 7596, be approved and accepted; and that final payment be authorized at the expiration of the lien period. CONTRACT - G. E. JEPSON CO. - INSTALLATION OF HOIST, CENTRAL GARAGE - APPROVAL AND ACCEPTANCE OF WORK In a memorandum dated May 3, stated that the contract with G. E. tion of a three-post hoist in satisfactorily completed. 1989, City Engineer Hardgrave Jepson Co. for the installa- the Central Garage has been (13 ) . 7 5/15/89 . . . ,I~~.'~ ao "'./1$. . 1"'-,"_ ,""';;;"\,,::',j(;', ."". .:Ji )1-': J;.i,' ..~' .....'J. ":. '''f. .'f'....::,<:..1?i.~ '"~ .,"ij.- J? ../'I' Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the work performed by the contractor for the installation of a three-post hoist in Central Garage, per Plan No. 7607, be approved and accepted; and that final payment be authorized at the expiration of the lien period. ALLEY VACATION - NORTHEAST OF "I" STREET, NORTHWEST OF INLAND CENTER DRIVE - TERMINATION OF PROCEEDINGS In a memorandum dated May 3, 1989, Roger Hardgrave, City Engineer, stated that L. A. Wainscott, developers, has notified the City that they are withdrawing their petition for the vacatJ.on of the alley located northeast of "I" Street, northwest of Inland Center Drive, as they are abandoning their plans to develop this area. (14) Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to terminate proceedings to vacate a portion of that certain alley located northeast of "I" Street, northwest of Inland Center Drive. CLAIMS AND PAYROLL Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the claims and payrollS and the authorization to issue warrants as listed on the memorandum dated May 5, 1989, from the Director of Finance, be approved. (16) PERSONNEL ACTIONS Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the Personnel Actions dated May 3, 1989, submitted by the Director of Personnel, in accordance with all administrative regulations of the City of San Bernardino, be approved. (17) CERTIFICATION OF GENERAL MUNICIPAL ELECTION OF MAY 2, 1989 In a memorandum dated May 9, 1989, Shauna provided the following results of the General held May 2, 1989: Clark, City Clerk, Municipal Election (18) 8 5/15/89 ~,"':'r~ 1',"'Jo:..<i,"'~~"iJ''':", ._~'". 1!'~: ""~>" ',;;;,0",', '!~ '1"i<?r:,' . . . ...~ " '~",i:'):..?'-~;1:'~' ;.;"'::r:!;'..,:'":,'''~'';~. ., OFFICIAL CANVASS GENERAL MUNICIPAL ELECTION HAY 2, 1989 Total Ballots Cast In The City Of San Bernardino. . . . . 20,545 Mayor Total Vote Cast - City Wide 20,545 8,993 9,136 2,056 Evlyn Wilcox . Bob Holcomb Al C. Ballard Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the results of the General Municipal Election held on May 2, 1989, as set forth in the Statement of Votes Cast, and certified, be declared official as set forth in the document prepared by the City Clerk's Office. CONTRACT CHANGE ORDER NEGOTIATION - MARINA CONSTRUCTION, INC. - SECCOMBE LAKE PARK - ADDITIONAL ELECTRICAL SERVICE AND RESTROOM In a memorandum dated April 5, 1989, Roger Hardgrave, City Engineer, provided background information regarding costs and funding for equipping Seccombe Lake Park with an additional rest room facility and electrical service. Park improvements are currently under contract with Marina Construction, Inc. ( 7 ) Discussion was held concerning the funding additional improvements in Seccombe Lake Park. of these Acting City Administrator Robbins answered concerning the need for the improvements. He explained report concerning the delay of three other projects seven weeks if these improvements are approved. questions the staff by six to Discussion ensued regarding the need for a change the contract so soon after the contract was extended. order to Acting City Administrator Robbins clarified that these improvements are estimated to cost $108,000. 9 5/15/89 "''l . . . 'i'l1,i~':~-':;!~:','" '~."[:;:l~' i~iV" .':'...f!,._' . <'1!' --.','_;jl-r;' ....-..,b"j.",. 'f. 'f":."f':':t}' '\~;"':f,{"~""';' Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the matter be continued to later in the meeting in order to have the Director of Parks, Recreation and Community Services available to answered questions. (See Page 22) STREET VACATION - PORTION OF ATLANTIC AVENUE, WEST OF PALM AVENUE - NEGATIVE DECLARATION - FINDING OF CONSISTENCY WITH INTERIM POLICY DOCUMENT In a memorandum dated May 1, 1989, Roger Hardgrave, City Engineer, stated that the Environmental Review Committee reviewed Public Works Project No. 89-9 and recommended the vacation of a portion of Atlantic Avenue, west of Palm Avenue. A 14-day public review period was afforded and no comments were received. ( 9 ) City Attorney Penman answered questions regarding this matter being handled before the protest hearing, which is scheduled to be heard at 10:00 a.m. as Agenda Item #21. Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the matter concerning the Finding of Consistency with the Interim Policy Document and the Negative Declaration for the vacation of a portion of Atlantic Avenue, be continued until later in the meeting, after Agenda Item #21, which is the protest hearing. (See Page 16) SEVENTH WARD PARK EXTENSION FUND EXPENDITURE - FENCING BETWEEN CAMPO SANTO MEMORIAL PARK AND HOLY ROSARY SCHOOL In a memorandum dated April 24, 1989, Annie Ramos, Director of Parks, Recreation and Community Services, recommended that due to several incidents of illicit activities in the section of Campo Santo Memorial Park adjacent to the Holy Rosary School playground, that a fence be installed between the properties. (15) City Attorney Penman provided information regarding the condition of the park. In Legal Opinion No. 89-2, dated January 26, Assistant City Attorney Barlow concluded that neither repair the aforementioned fence as school accept it as a gift and move it to City property. 1989, Senior the City may property nor It was noted that Councilwoman Miller wished to be present when this item was discussed. 10 5/15/89 ""',t~ 'J . . . ~"~i,~."'!~:~ ,,'oW' '~)~r 'C7;:1'11:'l(,f';';~.lt"';:'~""':1'; -..r;k''',,~' ~,.,,~ ~'...<ljl:\'".~w<~;'i'1~.;.,.-' .,'-'_'l'-r;'J_'~,~,:r' '~;\''f.W-'':;:' ''f,-'~;, "'"'I";'; Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that this matter be continued to later in the meeting in order for Councilwoman Miller to be present. (See Page 23) HOME OF NEIGHBORLY SERVICE - RESTRUCTURING OF CDBG LOAN - CONTINUED FROM MARCH 13, 1989 This is the time and place continued to for consideration of restructuring the CDBG loan of the Home of Neighborly Service. (62 ) City Attorney Penman requested that this matter be continued to the June 19, 1989, meeting of the Mayor and Common Council of the City of San Bernardino. Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the request for loan restructuring, conversion of loan to a grant or discontinuing foreclosure proceedings, as appropriate, be continued to the June 19, 1989, meeting of the Mayor and Common Council of the City of San Bernardino. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 10:05 a.m., Council Member Pope-Ludlam left the Council Meeting. RECESS MEETING - CLOSED SESSION At 10:05 a.m., Council Member Estrada made a motion, seconded by Council Member Minor and unanimoUSly carried, that the Common Council recess to Closed Session to confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(c), so that the Council may decide whether to initiate litigation. (75) CLOSED SESSION At 10:05 a.m., Mayor Wilcox order in the Conference Room Hall, 300 North "D" Street, San called the Closed Session to of the Council Chambers of City Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Flores, Maudsley, Minor, Pope- Ludlam; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Members Reilly, Miller. Also present were: City Engineer Hardgrave, Bennecke. Senior Assistant City Attorney Barlow, Executive Assistant to the Mayor 11 5/15/89 7-- lIhT "f/'(r"'~'-.; ,", - _"'_""11'-.' "'!l'1!! . . . :";?-,tW"'S~'~}:"."::wr''';;::' "i~'l" ~'f;[~,' >'~~' \'~',;~~jj, ':' ""'~~:;:'~"i!'IJ.,~i> ~',':<i;>''l,':;Jlf,;t;!' ADJOURN CLOSED SESSION At 10:30 a.m., the Closed Session adjourned to the Meeting of the Mayor and Common Council of the City Bernardino. Regular of San RECONVENE MEETING At 10:30 a.m., Mayor Wilcox called the Regular Meeting to order in 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, Maudsley, Minor, Pope-Ludlam; Senior Assistant City Attorney Barlow, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Members Reilly, Flores, Miller. SOUTHERN PACIFIC RAILWAY COMPANY Mayor Wilcox stated that the during Closed Session: TRAIN DISASTER following motion was (75) made If it is found that the Southern Pacific is not taking the appropriate steps to provide necessary safeguards to prevent future reoccurrences (i.e. the train disaster at Duffy Street on Friday, May 12, 1989), that the City Attorney be authorized to seek an injunction to halt the reopening of the tracks. CAL TRANS PRESENTATION - 1-215 FREEWAY UPGRADE STUDY This is the time and place set for a presentation from Caltrans concerning the 1-215 Freeway upgrade study, as confirmed by Mayor Wilcox's letter dated April 13, 1989, to Ken Steele, Director of Caltrans. (19) A handout entitled, "Information for the Proposed Improvement on Route 215: Route 10/215 Interchange to Route 30/215 Interchange in the City of San Bernardino", was disbursed by representatives of Caltrans. A proposal to conduct an operation improvement study of the portion of the 1-215 Freeway located adjacent to the Santa Fe Railroad tracks, which resulted in ramps exiting and entering from the left side of the freeway, was described. Several representatives from Caltrans were present, including Earl Hudgens of the Caltrans Planning Department, and Ken Steele, the local District Director, who presented maps of the local freeway system and the 1-215 Upgrade Study. 12 5/15/89 '.':'r' ~'P.A-"~~'''f:~_t-:~.~ W . . . ',,:-"-~!f"tlW'!I.~' ",~-"*'t;~""'~' ~~';/"'/; ",:~':f-' '#:'\:'7''$:: :',d:~'-'~''';''~,:;~' ~~M . .~,;:_"'l!'.>"" .Jlliii.:c,. .._,\~&:r-"ry;[ "" Discussion ensued regarding a study of the reasonable maximum number of lanes needed to eliminate problems of increased traffic and left hand on ramps. A specific project study is to be performed on the Fifth Street off ramp. COUNCIL MEMBER FLORES RETURNED Council Member Flores returned to the Council Meeting and took his place at the Council Table. Earl Hudgens of Caltrans answered questions regarding the freeway system. RECESS MEETING At 10:35 a.m., Mayor Wilcox called for a fifteen minute recess in order to review the maps presented by Caltrans. RECONVENE MEETING At 10:50 a.m., Mayor Wilcox called the Regular Meeting to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the following being present: Mayor Wilcox; Council Members Estrada, Flores, Maudsley, Minor, Pope-Ludlam; Senior Assistant City Attorney Barlow, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Members Reilly, Miller. CALTRANS PRESENTATION - 1-215 FREEWAY CONTINUED FROM EARLIER IN MEETING After a brief recess to review Caltrans, the Mayor and Common Council of the 1-215 Freeway Upgrade Study. UPGRADE STUDY - the maps presented by resumed their discussion (19 ) Acting City Administrator Robbins answered questions, stating that the Planning Department had responded to information from Caltrans regarding the proposed improvements. He introduced a letter dated May 9, Director Kilger to Ken Steele, District which was written in response to a public the newspaper regarding Caltrans' proposed between the Rte. 10/215 Interchange and Interchange. 1989, from Planning Director of Caltrans, notice advertised in improvements to 1-215 the new Rte. 30/215 The presentation was concluded. No formal action was taken. 13 5/15/89 """,",, ~..'~. ]'r.:t'"!'m..",'4'liI!!:"'",*,~.:":;;:~~~:_n~:~:_,i'f"r';::"<;,Cr~=;r ;.'-~,,":~:"'!;;'~~;1:~~-iilt!8'M- ",:.~t'tJf~<,.'~, ,-...; '-::::sr';:~~>~!f;i<:':':~~~\~"::,_ . . . ASSESSMENT DISTRICT - TENTATIVE TRACTS 14184 AND 14185 - CAJON BLVD. AND JUNE STREET - AUTHORIZATION TO PROCEED - CONTINUED FROM APRIL 3, 1989 This is the time and place continued to for consideration of an assessment district for Tentative Tracts 14184 and 14185, located at Cajon Blvd. and June Street. Authorization to proceed with an assessment district at this location was granted under the original property owner's request in 1986. However, the sub- division was prevented from going forward due to the moratorium. The sUbject property has been sold to Century Homes, with the exception of the commercial frontage along Cajon Blvd. (61) In a letter dated March 13, 1989, John Head, Project Director for Century Homes, requested the formation of an improvement district on the property to finance approximately 30% of the required infrastructure. John Head, Century Homes, spoke regarding the development and the benefits of forming the proposed assessment district. Roger Hardgrave, City Engineer, stated that there will be a 3 to 1 ratio of appraised value to the assessment. The City's credit will not be on the line for the issuance of the bond. Property buyers will be made aware of the assessment on their tax bill. City Engineer Hardgrave pointed out that by approving this proposal, the City will probably receive many similar requests from other developers. He answered questions regarding the location of the proposed assessment district and described the improvements that would be provided. John Head of Century Homes answered questions regarding the improvements increasing the selling prices of the homes and the terms under which the homes will be sold. He stated that with the approval of the district, the prices will be approximately $8,000 less. Discussion ensued regarding the need to assure that potential property owners are aware that the assessment district exists. John Head of Century Homes answered questions regarding the property owners' responsibility for the indebtedness. He stated that the obligation for the assessment costs runs with the land and is paid as a part of the tax bill. City Engineer Hardgrave answered questions regarding the project. 14 5/15/89 I _J I":~ ..... ~.,. "__._,,>:11'7..'" ._....',.,.c4t.',"':'c.'l"li:. ':i: >.' "lI'""'~ .i"""'o':~-""'lt-!l"'JI'''''IlI'~,""",,'lF'~' xs . """_.. ..~"'''',!:,,""'1Il'' . . . Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, that the City Engineer and City Clerk be authorized to initiate proceedings for the establishment of an assessment district under the provisions of the Municipal Improvement Act of 1913 and the Improvement Bond Act of 1915 to cover the acquisition of a portion of all offsite improvements in Tracts 14184 and 14185 in the City of San Bernardino and to do all things necessary to bring the project to a timely completion. The motion Members Estrada, Member Maudsley. carried by the following vote: Ayes: Council Flores, Minor, Pope-Ludlam. Noes: Council Absent: Council Members Reilly, Miller. PUBLIC HEARING - CLOSURE OF TIPPECANOE AVENUE AND MILL STREET - BALLISTIC MISSILE OPERATIONS COMPLEX - NORTON AIR FORCE BASE - CONTINUED FROM APRIL 17, 1989 This is the time and place continued to for consideration of the closure of Tippecanoe Avenue and Mill Street at the boundaries of the Ballistic Missile Operations Complex on Norton Air Force Base. (20) Discussion ensued regarding the future of Norton Air Force Base and the need to keep this subject on the Agenda. Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that this matter be continued to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held July 3, 1989. PROTEST HEARING - STREET VACATION - PORTION OF ATLANTIC AVENUE, WEST OF PALM AVENUE This is the time and place set for a concerning the proposed vacation of a portion of west of Palm Avenue. protest hearing Atlantic Avenue, (21 ) In a memorandum dated April 24, 1989, City Engineer Hardgrave stated that a request had been received from the State of California, Department of Transportation, representing 50% of the adjoining property owners, for the vacation of this portion of Atlantic Avenue. This area will become a part of the State Highway 30 right-of-way in the near future. Mayor Wilcox opened the hearing. City Engineer Hardgrave answered questions, stating that no protests have been filed. 15 5/15/89 J J"fX>"?_' . . . "';"~';:'_~'~"R_.:..f-'~~~i!,,-_-~7'~-._J~(':';"~;~'r"I/-_A...'{~'ft-t';:'''-}'.''';''~'''.~~L'{:}~~_~,~,~;v,:'":i;::;; City Clerk Clark stated that no protests have been filed in her office. Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the hearing be closed, and the Findings of Fact as set forth in the Staff Report from Roger G. Hardgrave, Director of Public Works/City Engineer, as to why that portion of Atlantic Avenue is no longer necessary for street purposes, be adopted. STREET VACATION - ATLANTIC AVENUE, WEST OF PALM - NEGATIVE DECLARATION - FINDING OF CONSISTENCY WITH INTERIM POLICY DOCUMENT - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to from earlier in the meeting for consideration of the vacation of a portion of Atlantic Avenue, west of Palm Avenue. (See Page 10) (9) In a memorandum dated May 1, 1989, Roger Hardgrave, City Engineer, stated that the Environmental Review Committee recommended adoption of the Negative Declaration for Public Works Project No. 89-9, the vacation of a portion of Atlantic Avenue, west of Palm Avenue. A 14-day public review period was afforded, with no comments being received. (See previous Council action, Item #21) Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley and unanimously carried, that the Negative Declaration for Public Works Project No. 89-9, vacation of a portion of Atlantic Avenue, west of Palm Avenue, be adopted; that a finding be made that the street vacation is consistent with the Interim Policy Document. REDEVELOPMENT AGENCY/COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING Chairman Wilcox called the Regular Meeting of the Redevelopment Agency/Community Development Commission to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 89-123 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO A PUBLIC WORKS AGREEMENT WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO RELATING TO PUBLIC IMPROVEMENTS (48TH AND KENDALL DIP SECTION). (RS-1b) City Clerk Clark read the title of the resolution. 16 5/15/89 ~~'''~J',' . . . '.~' '.".'_',~:*'f~t.o:,_"_~aM1;.~~~U\??-ll"""~""Wl'.CI"~~(~~b~~~.,:!i;;~"~/.;-~:~~ ~~i';'Y."~;;n,.':1ffI~. Council Member Minor made Member Maudsley and unanimously the resolution be waived. a motion, seconded by Council carried, that further reading of steve Dukett, Executive Director of the Redevelopment Agency, presented background information concerning these public improvements. Discussion ensued investing $225,800 in information. regarding the this project and Redevelopment Agency the need for further City Engineer Hardgrave answered questions regarding the urgency and funding of the improvements. Steve Dukett, Executive Director of the Redevelopment Agency, spoke regarding the issue of health and safety. Since there are no other funds available, he stated it is reasonable and legal for the Redevelopment Agency to be involved. He answered questions regarding the capital reserves in the State College Parkway project fund. Dennis Barlow, Senior Assistant City if the improvements are a benefit to the reason to spend the money; however, it is the Mayor and Common Council as to whether Attorney, stated that area, this is adequate a policy decision for they wish to do this. Roger Hardgrave, City Engineer, stated that an estimate of the assessment is forthcoming. He answered questions regarding funds being reimbursed to the Redevelopment Agency. Discussion ensued regarding sustain from the improvements and money. benefits that priorities for the area will spending the City Engineer Hardgrave answered questions regarding these improvements being on the Capital Improvement List and that Redevelopment Agency funds were previously identified as the source of funding. Council Member Minor made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 89-123 was adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor. Noes: Council Member Pope-Ludlam. Absent: Council Members Reilly, Miller. 17 5/15/89 !,J:"'i ." ~Wi""'~:.i _ . . . - rf>~'i'_'''~'l!?W'-''~~;~''r:r~::~q~-,:~,,;-: ~;:aap.~_)ry:~Rf'1fi'!i~~:;'",7~:,'~::~'~#if!.::;':',g~~ NORTON ECONOMIC EXPANSION PLAN - STAFFING PLAN This is the time and place set approval of agreements and a staffing the Norton Economic Expansion Plan. AGREEMENTS - for discussion concerning plan for the development of (RS-2) Steve Dukett, Executive Director of the Agency, requested that the matter be continued, as yet been able to complete the necessary paperwork. Redevelopment staff has not Dennis Barlow, Senior Assistant City Attorney, answered questions regarding the need for substantial legal review. Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that this matter be continued until Wednesday, May 17, 1989, at 1:00 p.m. (The Redevelopment Agency/Community Development Commission meeting was later adjourned to Thursday, May 18, 1989, at 1:00 p.m.) JUVENILE FIRESETTER INTERVENTION PROGRAM - BRENDA JO RICE - CONSIDERATION OF FINANCIAL STATUS In a memorandum dated May 9, 1989, Ken Henderson, Director of Community Development, provided background information regarding a number of program areas that were found not to be in compliance with certain federal, state and local regulations during a program and financial audit of the Juvenile Firesetter Intervention Program. This program was approved for CDBG funding in July, 1988. (68) In a letter dated January 17, 1989, Brenda Jo Rice, Director of the Juvenile Firesetter Intervention Program, was notified of the requirements for funding that needed to be addressed before expense reimbursements could be disbursed. Brenda Jo Rice, 3721 W. Meyers Road, San Bernardino, provided information regarding her program. She stated she now has the required papers qualifying her for reimbursement through CDBG funds. Ken Henderson, Director of Community Development, stated that he has received the required documentation, and has been withholding reimbursement payment based upon advice of the City Attorney's Office. He referred to similar requirements and action taken with the San Bernardino Convention & Visitors Bureau. Dennis Barlow, Senior Assistant City Attorney, advised that the reimbursement could be approved subject to legal review. 18 5/15/89 . . . , Discussion ensued regarding the City Attorney's Office proceeding with the legal aspects surrounding the reimbursement and the Council approving the reimbursement subject to the findings of the City Attorney's Office. Senior Assistant City Attorney Barlow stated that the City Attorney's Office will review as expeditiously as possible whether payments can be made retroactively for services already provided. Ken Henderson, Director that he would prepare a report reimbursement of Ms. Rice. of Community Development, stated as soon as possible concerning the Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that this matter be continued until Wednesday, May 17, 1989, at 1:00 p.m. UNDERGROUNDING OF UTILITIES WAIVER - OMNITRANS FACILITY - MEDICAL CENTER DRIVE AND FIFTH STREET In a memorandum dated April 6, 1989, Roger Hardgrave, City Engineer, provided information regarding the request received from Omnitrans for the expansion of their facility on the north- west corner of Medical Center Drive and Fifth Street. Their site extends to Sixth Street; however, there will be no access to Sixth Street. (63) It was noted in the Staff Report that as a condition of approval established by the Development Review Committee, all existing overhead utilities adjacent to or traversing the site are to be undergrounded. The site meets the criteria set forth in Resolution No. 88-65 for undergrounding utilities, and there is no basis for granting a waiver from the requirement to underground utilities. In a letter dated April 5, Manager of Omnitrans, requested underground utilities along the at Sixth Street, as these lines this project. 1989, a waiver northern will not Robert Chafin, General from the requirement to property line boundary be providing service to Robert Chafin, General Manager of Omnitrans, answered questions regarding this project. As a public agency, Omnitrans is required to generate 20% of its funding from 13 cities in the County of San Bernardino and 80% from the Federal government. Since all Federal funds have been programmed for in the next five years, additional funds would have to be requested from local agencles, including the City of San Bernardino, for the undergrounding of these utilities. 19 5/15/89 , . . . ~ ~. He requested that the project be considered as a subdivi- sion, in that since the utility lines on Sixth Street will not be providing service to the project, Omnitrans should not be responsible to underground them. Dennis Barlow, Senior Assistant City Attorney, answered questions, stating that this project is not a subdivision and does not meet the criteria set by the City for waiving of these fees. Mr. Chafin answered questions regarding the costs involved in this project and described the facility and its benefit to the City. Discussion ensued regarding Federal guidelines for this type of project. City Engineer Hardgrave answered questions regarding who will bear the costs of undergrounding these utilities in the future. He suggested the establishment of an underground utility district. Mr. Chafin spoke regarding the inability of Omnitrans to obtain funding for these costs. Acting City Administrator Robbins spoke regarding the need for consistency in handling requests for waiving undergrounding of utilities fees. He agreed with the City Engineer's recommendation that this request be denied. Discussion ensued regarding whether or not the expense of undergrounding utilities on Sixth Street is the best use of tax funds at this time. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that the matter be referred to the Legislative Review Committee for review. UNDERGROUND UTILITY ASSESSMENT DISTRICT - LENA ROAD AND TENNIS COURT LANE - BONADlMAN & ASSOCIATES In a memorandum dated March 22, 1989, Roger Hardgrave, City Engineer, provided options available in consideration of under- grounding utilities at Lena Road and Tennis Court Lane, as requested by Bonadiman & Associates, Inc. in a letter dated February 2, 1989. The Public Works Department recommended that an assessment district be established. (69) 20 5/15/89 . . . l Roger Hardgrave, City Engineer, answered questions, stating that this development is slightly over an acre. By establishing an assessment district, the undergrounding could be done at any time the City chooses, and could be deferred until a sufficient number of parcels were included to make a reasonable size district. Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that the City Engineer and City Clerk be authorized to initiate proceedings for 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 undergrounding of overhead utilities generally located at the northwest corner of Lena Road and Tennis Court Lane. RECESS MEETING - LUNCHEON WORKSHOP At 12:00 p.m., Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the Regular Meeting recess to a luncheon workshop in the Management Information Center (MIC Room), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 12:20 p.m., Mayor Wilcox called the Luncheon order in the Management Information Center (MIC) Floor, City Hall, 300 North "D" Street, San California. Workshop to Room, Sixth Bernardino, ROLL CALL Roll Call was taken by City Clerk with the following being present: Mayor Wilcox; Council Members Estrada, Flores, Maudsley, Minor, Pope-Ludlam; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Members Reilly, Miller. LUNCHEON WORKSHOP - BUDGET PROCESS - REVIEW OF DEPARTMENTAL ACTIVITIES This is the time and place set for a luncheon discussion of the bUdgeting process and review of activities. workshop for departmental (71 ) Each department head was provided an opportunity to present a review of their department. No formal action was taken. 21 5/15/89 . . . . RECESS MEETING At 1:40 p.m., the Luncheon Workshop recessed to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 2:10 p.m., Mayor Wilcox called the Regular Meetlng to order in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Flores, Maudsley, Minor; Deputy City Attorney Empeno, City Clerk Clark, Acting City Administrator. Absent: Council Members Reilly, Pope-Ludlam, Miller. CONTRACT - MARINA CONSTRUCTION - SECCOMBE LAKE PARK - RESTROOM AND ELECTRICAL SERVICE - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for consideration of a change order to the contract with Marina Construction to construct an additional restroom building and electrical service at Seccombe Lake Park. (See Page 9) ( 7 ) Council Member Estrada made a motlon, seconded by Council Member Maudsley and unanimously carried, that the proposal to include underground electrical services for events and a restroom building, in the contract for construction of Phase I-B at Seccombe Lake State Urban Recreation Area, in accordance with Plan No. 7444, be approved in principle, and the Director of Public Works/City Engineer be directed to negotiate a change order with the contractor. SEVENTH WARD PARK EXTENSION FUND - FENCE BETWEEN CAMPO SANTO MEMORIAL PARK AND HOLY ROSARY SCHOOL - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for consideration of using Seventh Ward Park Extension Funds to install a fence between the Campo Santo Memorial Park and Holy Rosary School. (See Page 10) (15) 22 5/15/89 . . . I" Discussion was held concerning this matter having been continued from earlier in the meeting in order for Councilwoman Miller to be present. It has developed that she will be unable to attend the meeting, and her questions were addressed during the meeting recess. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the expenditure of $6,000 from Seventh Ward Park Extension Funds for the purchase and installation of fencing between Campo Santo Memorial Park and Holy Rosary School, be approved. APPEAL HEARING - CONDITIONAL USE PERMIT 88-56 - CHEMICAL DEPENDENCY REHABILITATION RESIDENTIAL HOSPITAL - 2730 NORTH "E" STREET This is the time and place concerning Conditional Use Permit Services Corporation to operate a tat ion residential hospital at 2730 set for an appeal hearing 88-56 for Parks ide Medical chemical dependency rehabili- North "E" Street. (72) The fOllowing two appeals of the Planning Commission's decision to approve the project by a vote of four to two, with conditions, have been filed in this matter: 1. In a letter dated March 30, 1989, Al C. Ballard and Sheila F. Daly, representing the residents and homeowners of the adjacent neighborhood, appealed the approval of the project, stating that it is detrimental to the area, peace, health, safety and welfare of the neighborhood; 2. In a letter dated April 5, 1989, Attorney Riffenburgh, on behalf of Parks ide Medical Services Corporation, the CUP applicant, appealed Condition of Approval #6, which requires a 24-hour security guard. They also propose a site design alteration for the parking lot configura- tion. In a memorandum dated April 24, 1989, Planning Director Kilger provided background information regarding the project and the two appeals, and described options available to the Mayor and Common Council. He also was sent to property at Code Section provided property least ten 19.81.020. a copy of the public hearing notice which owners within 500 feet of the subject days prior to the hearing, per Municipal 23 5/15/89 __------.J . . . I' .'ft, In a letter dated March 15, 1989, Lieutenant L. Neigel of the Police Department, recommended subsequent to investigation of the request, that the Police Department not oppose the condi- tional use permit application. Mayor wilcox opened the hearing. Brad Kilger, Planning Director, answered questions regarding the use of a block wall to mitigate the noise impact. He explained the request of the applicant that the language of Condition of Approval #6 be modified to read in its entirety as follows: "In the event that it is requested by the Police Department, as the result of a community disturbance or occurrence of more than a minor nature directly related to Applicant's use of the site, the applicant shall provide an on- site 24 hour security officer." Ernest Riffenburgh of Tilden, attorney for the concerning a community meeting attended by approximately 70 project to the neighborhood. Gresham, Varner, Savage, Nolan & applicant, related information sponsored by the applicant and to 80, in order to explain the He expressed that the project would make a significant addition to the community by removing an eyesore, and by adding a needed service and a substantial amount of employment base. Richard Ponder, Regional Director of Parks ide Medical Services Corporation, explained the operation of the hospital. He described the patients as vOluntarily committed to the hospital and stated that he is not aware of any incidents at any of the other hospital locations that have been a deterrent to the health and safety of the neighborhood. He expects that within two years, the facility will employ 60 to 70 personnel. Al Ballard, 2739 North "F" Street, presented a petition of 565 signatures calling for the rejection of CUP 88-56, as it is detrimental to the particular area, to the peace, health, safety and general welfare of the neighborhood, its residents and its future as a stable residential community. Further, that it is not the best, most compatible and consistent use for the proposed parcels of land. and the He spoke regarding property that was used for this project. He described applicant's hospitals in Oceanside. dedicated to the City his visitation to one of 24 5/15/89 . . . I Denise Caldera, 2696 Acacia, spoke in opposition to the facility being located in a primarily residential neighborhood and described her experience with drug users as she is a Norco Women's Prison Guard. Attorney Riffenburgh answered questions, stating that the patients at this proposed hospital would be voluntarily admitted to the hospital and would be paying for their treatment. It is highly unlikely that any would have been convicted criminals. and DEPUTY CITY ATTORNEY EMPENO ARRIVED Deputy City Attorney Empeno arrived at replaced Senior Assistant City Attorney the Council Meeting Barlow. Jim Bailey, 25100 Date Street, spoke regarding the lack of quality treatment centers for chemically dependent people. He is a former drug user and alcoholic, who has been helped by this type of facility. He spoke regarding help contributed to the community by these programs. Miguel Gasca, 4905 N. Mariposa, representing the Holy Rosary School Board, located at 2620 N. Arrowhead Avenue, spoke in opposition to the location of the hospital. He suggested it be in a more removed area. James Wirth, 1980 Sierra Way, representing friends who live in the neighborhood of this facility, described the single family residential neighborhood and stated that the placement of this hospital would result in spot zoning it out of conformity with the area. He suggested that it be located next to an acute care hospital. Randi Judd Swing, an the increased vehicular and the facility. She stated Circle K at this location. area foot that resident, spoke in opposition to traffic that would result from the neighbors also do not want a Mary Jane Wilson, 2797 "E" Street, described the various establishments that have failed at this location. She feels that this facility will be a threat to the area. Richard Ponder, Parks ide Medical answered questions, stating that they similar to this facility, which also abut Services Corporation, have 40 other locations residential areas. Barbara Brezinski, 484 W. 25th Street, recounted problems that friends of hers have had trying to become rehabilitated. 25 5/15/89 . . . . 't"'c, Joe Frame, 2611 N. "F" Street, requested that this type of facility not be allowed in the residential neighborhood. Emily Belham, 2617 N. "E" Street, spoke in opposition to the facility, as it will make the children and elderly citizens feel threatened. Dick Massaro, 2807 Stoddard, spoke regarding wellbeing of the people in the neighborhood and between crime and drugs. the safety and the correlation Jim Tomkins, 350 W. 24th Street, stated that the proposed facility will reverse the trend of new young families coming into the neighborhood. James Wirth, 1980 Sierra Way, described the neighboring residences and offices. Randi Judd neighborhoods programs. Swing, an area resident, spoke regarding problems have encountered with other rehabilitation Council Member Member Estrada and closed. Minor made unanimously a motion, seconded by Council carried, that the hearing be Discussion ensued regarding the efforts of Parks ide Medical Services to communicate with the neighborhood residents. Council Member Minor explained that he will follow the wishes of his constituents who voted him into office by voting against the project, although he does not personally agree. The Mayor and Common Council discussed benefits of these types of programs. It these facilities are located elsewhere in rate has not increased. the need for and the was noted that where the City, the crime Council Member Minor made a motion, seconded by Council Member Maudsley, that Appeal #1 of Al Ballard and Sheila Daly, be upheld. The motion failed by the following vote: Ayes: Members Estrada, Maudsley, Minor. Noes: Council Members Pope-Ludlam. Absent: Council Members Reilly, Miller. Council Flores, 26 5/15/89 . . . .n,,-'__, ,,,,,,. '1'.';:, 1'-' Deputy City Attorney Empeno answered questions, explaining that the motion requires four affirmative votes in order to pass. Without any further action by the Mayor and Common Council, the Planning Commission's decision stands. It is up to the discretion of the Mayor and Common Council as to whether alternative action is taken. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that Appeal #2 be denied, and that the dec~sion of the Planning Commission (to approve Conditional Use Permit No. 88-56 with conditions), be upheld. Deputy City Attorney Empeno explained that the motion is in support of the conditions imposed by the Planning Commission. RECESS MEETING At 3:20 p.m., Mayor Wilcox called for a ten minute recess. RECONVENE MEETING At 3:40 p.m., Mayor Wilcox the Council Chambers of City Bernardino, California. called the meeting to order in Hall, 300 North "D" Street, San 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; Senior Assistant City Attorney Barlow, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Members Reilly, Miller. READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of all of the resolutions on the Regular and Supplemental Agendas. made a motion, seconded by Council carried, that further reading of Council Member Flores Member Estrada and unanimously the resolutions be waived. RESOLUTION OF THE CITY OF SAN BERNARDINO RENEWING THE COMMITMENT TO COMPLETE DEVELOPMENT OF THE PATTON PARK PROPERTY AND TO DESIGNATE THE PARK DEVELOPMENT FEE FUND, AND THE CITY'S ALLOCATIONS THROUGH STATE AND/OR FEDERAL PARK DEVELOPMENT FUNDS AS POTENTIAL SOURCES FOR FUNDING THE COMPLETION. (Continued from April 17, 1989) (22) Discussion was' held concerning identification of land to replace this property and the need for a meeting between the Chamber of Commerce, the County and the Park Committee. 27 5/15/89 ,- - . . . ~ . ~ Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the matter concerning the development of the Patton Park Property be continued to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held July 17, 1989. RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO HUBBS EQUIPMENT AND CONSTRUCTION COMPANY FOR CONSTRUCTION OF STORAGE BUILDING FOR CENTER FOR INDIVIDUALS WITH DISABILITIES. (Con- tinued from April 17, 1989) (23) Acting City Administrator subject is moot, since the action Agenda Item #8, rejected the bids building. (See Page 6) Robbins pointed taken earlier in for construction out that this the meeting on of the storage Due to action taken previously by the Mayor and Common Council, this resolution was tabled. Council Member Maudsley made a motion, seconded by Council Member Minor, that the following resolutions be adopted. RES. 89-124 - RESOLUTION OF THE CITY OF SAN BER- NARDINO AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT WITH ST. BERNARDINE MEDICAL CENTER RELAT- ING TO CERTAIN INFRASTRUCTURE ITEMS REQUIRED BY CONDITIONAL USE PERMIT NO. 88-57. (Continued from April 17, 1989) (24) RES. 89-125 - RESOLUTION OF THE CITY OF SAN BER- NARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE PRIME TIME CHORALIERS/AAR~ SAN BERNARDINO NORTH #2083 FOR THE PROMOTION OF ARTS AND CULTURE. (Continued from April 17, 1989) (25) Resolution Nos. 89-124 following vote: Ayes: Maudsley, Minor, Pope-Ludlam. Members Reilly, Miller. and 89-125 were adopted Council Members Estrada, Noes: None. Absent: by the Flores, Council Council Member Maudsley made a motion, seconded by Councll Member Flores, that the following resolutions be adopted. 28 5/15/89 . li'i:',.,~. , . . RES. 89-126 - RESOLUTION OF THE CITY OF SAN BER- NARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF PUBLIC NUISANCES. (481 W. 14TH ST., 1772 W. 28TH ST., 494 E. BASE- LINE, 3375-3395 N. DEL ROSA AVE., 1108 NORTH "F" ST., 1128 N. "L" ST., 1031 S. LINCOLN, 1263 N. MT. VERNON, 779 W. ORANGE, 2605 W. UNION ST., 161 & 161 1/2 WALKINSHAW, 1471 N. WALL) (26) RES. 89-127 - RESOLUTION OF THE CITY OF SAN BER- NARDINO RESCINDING RESOLUTION NUMBERED 88-426 PRE- VIOUSLY ADOPTED BY THE MAYOR AND COMMON COUNCIL WITH RESPECT TO EXECUTION OF A SMALL BUSINESS LOAN AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND CITY CLEANERS IN THE AMOUNT OF $30,000. (27) RES. 89-128 - RESOLUTION OF THE CITY OF SAN BER- NARDINO ADJUSTING THE RATES FOR LONG TERM DISABIL- ITY INSURANCE FOR MIDDLE-MANAGEMENT, MANAGEMENT AND CONFIDENTIAL EMPLOYEES. (28) RES. 89-129 RESOLUTION AND CONFIDENTIAL EMPLOYEE PLAN. ESTABLISHING MANAGEMENT COMPENSATION AND BENEFITS (29 ) RES. 89-130 - RESOLUTION OF THE CITY OF SAN BER- NARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREA- TION AND COMMUNITY SERVICES DEPARTMENT TO MAKE APPLICATION FOR AND ACCEPT A GRANT FROM "ACTION" IN THE AMOUNT OF $35,580 FOR THE RETIRED SENIOR VOLUN- TEER PROGRAM FOR THE PERIOD OCTOBER 1, 1989 THROUGH SEPTEMBER 30, 1990. (30) Resolution Nos. 89-126, 89-127, 89-128, 89-129 and 89-130 were adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Members Reilly, Miller. Council Member Maudsley made a motion, seconded by Council Member Flores, that the following resolutions be adopted. . RES. 89-131 - RESOLUTION OF THE CITY OF SAN BER- NARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREA- TION AND COMMUNITY SERVICES DEPARTMENT TO MAKE APPLICATION FOR AND ACCEPT A GRANT FROM U.S. DEPARTMENT OF AGRICULTURE (USDA) FOR ADMINISTRATION OF THE SUMMER FOOD SERVICE PROGRAM FOR CHILDREN FOR THE PERIOD JULY 3, 1989 THROUGH AUGUST 31, 1989. (31) 29 5/15/89 . . . a: ."v.~," .,....".''''''''.'''.'''- "~.' " RES. 89-132 - RESOLUTION OF THE CITY OF SAN BER- NARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CALIFORNIA STATE DEPARTMENT OF EDUCATION, FOOD DISTRIBUTION SECTION FOR COMMODITIES DONATED BY THE AGRICULTURE MARKETING SERVICE FOR USE WITH THE CITY'S SUMMER FOOD SERVICE PROGRAM FOR CHILDREN DURING THE PERIOD JULY 3, 1989 THROUGH AUGUST 31, 1989. (32) RES. 89-133 - RESOLUTION OF THE CITY OF SAN BER- NARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREA- TION AND COMMUNITY SERVICES DEPARTMENT TO MAKE APPLICATION FOR AND ACCEPT A GRANT FROM "ACTION" IN THE AMOUNT OF $201,941 FOR THE SENIOR COMPANION PROGRAM FOR THE PERIOD JULY 1, 1989 THROUGH JUNE 30, 1990. (33) RES. 89-134 - RESOLUTION OF THE CITY OF NARDINO AUTHORIZING THE EXECUTION OF AN WITH FRAZEE COMMUNITY CENTER RELATING TO ASSISTANCE FOR FISCAL YEAR 1989-1990. SAN BER- AGREEMENT FINANCIAL (34) RES. 89-135 - RESOLUTION OF THE CITY OF NARDINO AUTHORIZING THE EXECUTION OF AN WITH ROLLING START, INC., RELATING TO ASSISTANCE FOR FISCAL YEAR 1989-1990. SAN BER- AGREEMENT FINANCIAL (35) RES. 89-136 - RESOLUTION OF THE CITY OF NARDINO AUTHORIZING THE EXECUTION OF AN WITH MERRI-MIXERS RELATING TO FINANCIAL FOR FISCAL YEAR 1989-1990. SAN BER- AGREEMENT ASSISTANCE (36) Resolution Nos. 89-131, 89-132, 89-133, 89-134, 89-135 and 89-136 were adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Members Reilly, Miller. Council Member Flores made a motion, seconded by Council Member Maudsley, that the following resolutions be adopted. RES. 89-137 - RESOLUTION OF THE CITY OF SAN BER- NARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CASA RAMONA, INC., TO PROVIDE FOR THE OPERA- TION OF A DROP-IN CENTER LOCATED AT 1524 WEST 7TH STREET, SAN BERNARDINO, CALIFORNIA. (37) 30 5/15/89 . . . . ~ RES. 89-138 - RESOLUTION OF THE CITY OF SAN BER- NARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CASA RAMONA, INC., RELATING TO FINANCIAL ASSISTANCE FOR FISCAL YEAR 1989-1990 (SENIOR CITI- ZENS PROGRAM). (38) RES. 89-139 - RESOLUTION OF THE CITY OF SAN BER- NARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CAS A RAMONA, INC., RELATING TO FINANCIAL ASSISTANCE FOR FISCAL YEAR 1989-1990 (SUPPORT SER- VICES). (39) RES. 89-134 - RESOLUTION OF THE CITY OF NARDINO AUTHORIZING THE EXECUTION OF AN WITH CASA RAMONA, INC., RELATING TO ASSISTANCE FOR FISCAL YEAR 1989-1990 (FOOD PROGRAM). SAN BER- AGREEMENT FINANCIAL & MEDICAL (40) Resolution Nos. 89-137, 89-138, 89-139 and 89-140 were adopted by the following vote: Ayes: Council Members Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Members Reilly, Miller. Abstain: Council Member Estrada. Council Member Maudsley made a motion, seconded by Council Member Minor, that the following resolutions be adopted. RES. 89-141 - RESOLUTION OF THE CITY OF NARDINO AUTHORIZING THE EXECUTION OF AN WITH FAMILY SERVICE AGENCY RELATING TO ASSISTANCE FOR FISCAL YEAR 1989-1990. SAN BER- AGREEMENT FINANCIAL (41) RES. 89-142 - RESOLUTION OF THE CITY OF SAN BER- NARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BOYS CLUB OF SAN BERNARDINO, INC., RELATING TO FINANCIAL ASSISTANCE FOR FISCAL YEAR 1989-1990. (42) Resolution Nos. 89-141 and 89-142 were adopted following vote: Ayes: Council Members Estrada, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Members Reilly, Miller. by the Flores, Council Council Member Minor made a motion, seconded by Council Member Maudsley, that the following resolutions be adopted. 31 5/15/89 ^~f 'r"~, - 'i(I.' . . RES. 89-143 - RESOLUTION OF THE CITY OF SAN BER- NARDINO PRELIMINARILY DETERMINING THAT PUBLIC CON- VENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT; DECLAR- ING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 986, AND WAIVING NOTICE AND HEARING. (RIAL'l'O AVE. AND MACY ST. AREA) (43) RES. 89-144 - RESOLUTION OF THE CITY OF SAN BER- NARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GFB FRIEDRICH & ASSOCIATES, INC., FOR ASSESSMENT ENGINEERING SERVICES IN CONNECTION WITH THE VERDEMONT AREA IMPROVEMENT DISTRICT. (44) RES. 89-145 - A RESOLUTION OF THE CITY OF SAN BER- NARDINO CONFIRMING ASSESSMENT ROLL NO. 971 FOR THE REIMBURSEMENT OF FUNDS TO THE CITY OF SAN BERNARD- INO FOR THE CONSTRUCTION OF A FIRE STATION LOCATED ON VANDERBILT WAY, WEST OF CARNEGIE DRIVE IN THE CITY OF SAN BERNARDINO, AND APPROVING ASSESSMENT DIAGRAM MAP NO. 971. (45) RES. 89-146 - RESOLUTION OF THE CITY OF SAN BER- NARDINO AMENDING RESOLUTION NO. 79-425 ENTITLED IN PART, "RESOLUTION ESTABLISHING A SCHEDULE OF FEES FOR STORM WATER DRAINAGE FACILITIES CONSTRUC- TION... ," AND ESTABLISHING A SPECIAL SURCHARGE FOR DEVELOPMENT WITHIN THE CHESTNUT AVENUE STORM DRAIN BENEFIT AREA. (46) Senior Assistant City Attorney Barlow presented a replacement resolution stating the basis for the fee. RES. 89-147 - RESOLUTION OF THE CITY OF SAN BER- NARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA RELATING TO THE INSTALLATION OF EXIT AND ENTRANCE RAMPS ON ROUTE 1-10 AT CARNEGIE DRIVE AND HOSPITALITY LANE. (47) Resolution Nos. 89-143, 89-144, 89-145, 89-146 and 89-147 were adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Members Reilly, Miller. . Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried that the following resolutions be continued to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held June 19, 1989. 32 5/15/89 . -/1 ^","- ,,",~~-'C i.~;' _",;::0,-, . A RESOLUTION OF THE CITY OF SAN BERNARDINO CHANGING THE NAME OF MAC KAY DRIVE BETWEEN SOUTH "E" STREET AND SOUTH "D" STREET, TO FAIRWAY DRIVE, WITHIN THE CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO, WITH AN EFFECTIVE DATE OF JANUARY 1, 1990. (52) A RESOLUTION OF THE CITY OF SAN BERNARDINO CHANGING THE NAME OF CARNEGIE DRIVE BETWEEN HOSPITALITY LANE AND HOSPITALITY LANE, TO TRI-CITY CORPORATE DRIVE, WITHIN THE CORPORATE LIMITS OF THE CITY OF SAN BER- NARDINO, WITH AN EFFECTIVE DATE OF JANUARY 1, 1990. (53) Council Member Flores made a motion, seconded by Council Member Maudsley, that the following resolutions be adopted. . RES. 89-148 - RESOLUTION OF THE CITY OF SAN BER- NARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BEST, BEST & KRIEGER RELATING TO PROVIDING BOND COUNSEL SERVICES FOR THE VERDEMONT AREA IMPROVEMENT DISTRICT, ASSESSMENT DISTRICT NO. 987.(48) RES. 89-149 - RESOLUTION OF THE CITY OF SAN BER- NARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH STONE AND YOUNGBERG FOR INVESTMENT BANKING SERVICES FOR THE VERDEMONT AREA IMPROVEMENT DIS- TRICT, ASSESSMENT DISTRICT NO. 987. (49) RES. 89-150 - RESOLUTION OF THE CITY OF SAN BER- NARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH C M ENGINEERING ASSOCIATES, INC., RELATING TO THE ENGINEERING DESIGN OF THE CHESTNUT AVENUE STORM DRAIN. (50) RES. 89-151 - A RESOLUTION OF THE CITY NARDINO CHANGING THE NAME OF WASHINGTON TWEEN CYNTHIA STREET AND WALNUT AVENUE, TON STREET, WITHIN THE CORPORATE LIMITS OF SAN BERNARDINO, EFFECTIVE AS OF ADOPTION OF THIS RESOLUTION. OF SAN BER- AVENUE, BE- TO WASHING- OF THE CITY THE DATE OF (51) Resolution Nos. 89-148, 89-149, adopted by the following vote: Ayes: Flores, Maudsley, Minor, Pope-Ludlam. Council Members Reilly, Miller. 89-150 and 89-151 were Council Members Estrada, Noes: None. Absent: . Council Member Flores made a motion, seconded by Council Member Maudsley, tpat the following resolutions be adopted. 33 5/15/89 i-- . . . lJ .~ '~if"":~5:~\~ -.-' :"'.;~:. RES. 89-152 - A RESOLUTION OF THE CITY OF SAN BER- NARDINO DECLARING ITS INTENTION TO ORDER THE VACA- TION OF A PORTION OF "J" STREET, NORTH OF OAK STREET, AND RESERVING EASEMENTS FOR SEWER, PUBLIC UTILITIES AND APPURTENANT FACILITIES THEREON. (54) RES. 89-153 - RESOLUTION OF THE NARDINO AWARDING A CONTRACT TO FOR WIDENING PEPPER AVENUE AT 2-83.9. CITY OF SAN BER- BOB BRITTON, INC., GRADE CROSSING NO. (55 ) RES. 89-154 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 11434 PROVIDING THAT USERS LOCATED OUTSIDE THE INCORPORATED TERRITORY OF THE CITY MAY RECEIVE SEWER SERVICES; AUTHORIZING THE CITY ENGI- NEER TO EXECUTE AGREEMENTS THEREFOR SUBJECT TO CER- TAIN TERMS AND CONDITIONS. (56) Resolution Nos. 89-152, 89-153 and 89-154 the following vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam. Noes: None. Members Reilly, Miller. were adopted by Estrada, Flores, Absent: Council Council Member Maudsley made a motion, seconded by Council Member Flores, that the following resolutions be adopted. RES. 89-155 - RESOLUTION OF THE CITY OF SAN BER- NARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH STATER BROS. MARKETS, INC., FOR THE LEASE OF GROUND SPACE FOR THE AREA "D" COMMUNITY SERVICE OFFICE AND REPEALING RESOLUTION NO. 89-103, SECTION 2. (S-2) RES. 89-156 - RESOLUTION OF THE CITY OF SAN BER- NARDINO AUTHORIZING THE EXECUTION BY THE MAYOR ON BEHALF OF THE CITY OF SAN BERNARDINO OF AN INTER- AGENCY FUNDING AGREEMENT FOR DEVELOPMENT OF A SANTA ANA RIVER CORRIDOR MASTER PLAN. (S-3) Resolution Nos. 89-155 and 89-156 were adopted following vote: Ayes: Council Members Estrada, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Members Reilly, Miller. by the Flores, Council READING AND WAIVING OF ORDINANCES City Clerk Clark read the titles of the ordinances on the Agenda. 34 5/15/89 . . . I ',-, 11'~ ,'Y Council Member Pope-Ludlam made Council Member Minor and unanimously reading of said ordinances, be waived. a motion, carried, seconded by that further ORD. MC-659 - ORDINANCE OF THE CITY OF NARDINO AMENDING SECTION 5.76.200 OF THE NARDINO MUNICIPAL CODE TO PROVIDE FOR AN IN RATES FOR TAXICAB SERVICE. SAN BER- SAN BER- INCREASE (57 ) FINAL Council Member Minor made a motion, seconded by Council Member Maudsley, that said ordinance be adopted. Ordinance No. MC-659 was adopted by the fOllowing vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Pope- Ludlam. Noes: None. Absent: Council Members Reilly, Miller. Council Member Flores made a motion, Member Estrada and unanimously carried, ordinances be laid over for final passage. seconded by Council that the following ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING FIRST SECTION 2.36.020 AND ADDING SECTION 2.36.030 TO ACCEPT THE PENAL CODE REQUIREMENTS RELATING TO THE SELECTION AND TRAINING STANDARDS OF POLICE PUBLIC SAFETY DISPATCHERS. (Continued from May 1, 1989) (58) ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING FIRST SECTION 2.44.030 SUBSECTION A OF THE SAN BERNARDINO MUNICIPAL CODE TO DELETE AUTHORIZATION FOR "THE SALE OF MONUMENTS OR GRAVE MARKERS." (59) ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING FIRST SUBSECTION B, OF SECTION 13.32.070 OF THE SAN BER- NARDINO MUNICIPAL CODE TO PROVIDE ADDITIONAL EX- CEPTIONS TO THE REQUIREMENT THAT DEVELOPMENTS BE REQUIRED TO CONNECT TO THE CITY SEWER SYSTEM. (60) STREET VACATION - PORTION OF LUGO AVENUE, NORTH OF FOURTH STREET, EAST OF SIERRA WAY - RECISION OF PREVIOUS ACTION - ADOPTION OF NEGATIVE DECLARATION In a memorandum dated April 25, 1989, Roger Hardgrave, Clty Engineer, explained the circumstances surrounding the premature adoption by the Mayor and Common Council on April 3, 1989, of a Negative Declaration for Public Works Project No. 89-6, the vacation of a portion of Lugo Avenue, north of Fourth Street, east of Sierra Way. This project has now been before the Environmental Review Committee. (64) 35 5/15/89 . . . . "C~, .',. J ~iP;j~"!:::.r''7,",:''''~~' ,~",y" ';0:,,' ','ft-' .....'1,',... ,'i' In a letter dated March 21, 1989, Frank and Lynn Tracadas, the owners of three parcels of land contiguous to the proposed street vacation, protested several items after reviewing the Initial Study dated March 2, 1989. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the Council action of April 3, 1989, to adopt a Negative Declaration for Public Works Project No. 89-6, vacation of a 299' section of Lugo Avenue, north of Fourth Street and east of Sierra Way, be rescinded. Acting City Administrator Robbins referred to information given in the staff report. Senior Assistant City Attorney Barlow answered questions. Council Member Pope-Ludlam made Council Member Estrada and unanimously be continued to later in the meeting in tive from the Planning Department to be a motion, seconded by carried, that this matter order for a representa- present. (See Page 38) ALLEY VACATIONS - BETWEEN GARNER AND MASSACHUSETTS - NORTH OF 15TH STREET, SOUTH OF EVANS STREET - SOUTH OF 16TH STREET, NORTH OF EVANS STREET In a memorandum dated April 20, 1989, Roger Hardgrave, City Engineer, stated that a request has been received from Council- woman Pope-Ludlam to vacate the two east/west alleys lying between Massachusetts Avenue and Garner Avenue, one being south of Evans Street and north of 15th Street, and the other being south of 16th Street and north of Evans Street. Encroachments block access into the alleys and the accumulation of trash and debris has encouraged the proliferation of rats and other vermin. (65 ) Discussion ensued regarding the waiving of vacation fee as this is a City-initiated procedure. the usual City Clerk Clark answered questions, stating that there is no fee to file a protest to a street or alley vacation. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk, be authorized to proceed with the proposed vacation of the two east/west alleys located between Massachusetts Avenue and Garner Avenue, one being north of 15th Street and south of Evans Street, and the other being south of 16th Street and north of Evans Street. 36 5/15/89 . . . .. "'-l i"'!".... ':k' "'l ,y. \I,t ';, ~ COUNCIL MEMBER MINOR EXCUSED Council Member Minor left the Council Meeting. GENERAL OBLIGATION BOND BLUE RIBBON COMMITTEE REPORT In a memorandum dated May 1, 1989, Edward Wheeler, Chairman of the General Obligation Bond Blue Ribbon Committee, provided the recommendations of the committee concerning the funding of capital improvements. He provided a listing of projects for inclusion in a General Obligation Bond Issue, and recommended that the proposal be included on the November, 1989, election ballot. (66) The committee also recommended that the proposed General Obligation Bond Issue be submitted to the voters through the fOllowing three programs: pOlice facilities; transportation improvements, and park improvements and facilities. Fred Wilson, Assistant to the background information regarding Committee's recommendations. City Administrator, presented the General Obligation Bond Discussion ensued regarding the projected cost of the new pOlice facility. Shauna Clark, City Clerk, answered questions regarding a time frame for putting the bond issue on the November ballot. The possibility of having a workshop with the General Obligation Bond Committee was discussed. Council Member Estrada made a motion that the matter be continued to June 19, 1989, for further information. Discussion ensued regarding the timeframe involved in getting a bond issue on the November ballot. Council Member Estrada made a substitute motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the matter be continued to the May 18, 1989, Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino. COUNCIL MEMBER MINOR RETURNED Council Member Minor returned to the Council Meeting and took his place at the Council Table. 37 5/15/89 . . . 0, . "'~f; ;~_i' -'''.-ff, "j STREET VACATION - PORTION OF LUGO AVENUE, NORTH OF FOURTH STREET, EAST OF SIERRA WAY - RECISION OF PREVIOUS ACTION - ADOPTION OF NEGATIVE DECLARATION - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for consideration of the vacation of a portion of Lugo Avenue, north of Fourth Street, east of Sierra Way. (See Page 36) (64) Roger Hardgrave, City Engineer, presented a letter dated May 15, 1989, from Mr. and Mrs. Tracadas, citing traffic hazards as a reason that the street not be vacated. City Engineer Hardgrave answered questions, stating that the Planning Director had responded to the concerns expressed by Mr. and Mrs. Tracadas; however, they were not satisfied with the response. Council Member Estrada made Member Flores and unanimously Declaration (with a response to Project No. 89-6, vacation of north of Fourth Street and east of a motion, seconded by Council carried, that the Negative comments), for Public Works a 299' section of Lugo Avenue, Sierra Way, be adopted. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. YWCA - CDBG FUND TRANSFER - FROM POOL REHABILITATION PROJECT TO HEATING AND AIR CONDITIONING In a memorandum dated May 2, 1989, Ken Henderson, Director of Community Development, stated that a request was received from the YWCA to transfer $14,352 in CDBG funds previously allocated for their pool rehabilitation project, for the purchase and construction of a new heating and air conditioning system. In order to meet current bids received by the YWCA, the City would need to increase their CDBG allocation by $1500. (67) Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the $14,352 previously allocated to the YWCA for the pool rehabilitation project, be designated for the installation of a new heating and air conditioning system for the YWCA building; and that $1,500 be transferred from CDBG Appropriated Reserve Account No. 121-544- 57735 to the YWCA Account No. 121-544-57579, in order to fully finance the City's portion of this project and complete same. 38 5/15/89 r . . . .. ';,'~"_ '~;. _'-flJ~?_W,~:~- "{ ;;;,'.' >~,! ,a.,i'';;:;'" _.... .,'",. '~i'~'" :![' TRACT NO. 11118 - MEYERS ROAD AND MEYERS COURT - ENCROACHMENTS In a memorandum dated May 5, 1989, Roger Hardgrave, City Engineer, stated that the Legislative Review Committee considered the matter of unauthorized encroachments within the street right- of-way for Meyers Road and Meyers Court, within Tract No. 11118, and recommended in a 2 to 0 vote that the parkways be vacated. (70) Council Member Minor made Member Maudsley and unanimously and the City Clerk be directed the parkways on Meyers Road and 11118. a motion, seconded by Council carried, that the City Engineer to proceed with the vacation of Meyers Court, within Tract No. OUT-OF-STATE TRAVEL - POLICE DEPARTMENT PERSONNEL - GRANT FUND WORKSHOP In a memorandum dated May 11, 1989, Don Burnett, Chief of Police, requested that Police Department personnel be sent to a one-day workshop offered by Vanderbilt University on May 25, 1989, regarding the process, procedures and expectations of grant applications for funds available through the Robert Wood Johnson Foundation, to combat the drug problem. This workshop is to be held in Nashville, Tennessee. (S-l) Discussion ensued regarding who, besides Captain Robbins, would be attending the workshop. Senior Assistant City Attorney Barlow answered questions, stating that this is an approved expenditure from the forfeiture fund. Council Member Minor made a motion, seconded Member Flores and unanimously carried, that this continued to Wednesday, May 17, 1989, at 1:00 p.m. by Council matter be RECESS MEETING - CLOSED SESSION At 4:35 p.m., Council Member Minor made a motion, seconded by Council Member Estrada and unanimously carried, that the meeting recess to Closed Session under the following Government Code Sections: 54956.9(b)(1) pending litigation, li tiga tion; confer there with its attorney regarding is significant exposure to (74) to as 39 5/15/89 . . . . '\" ;,#' '" ;;;,:;#~;''''; <'.'~' .,,,":V.,.. ,~., '7,;, ~'.'!' ,,......':; ~(. 54956.9(a) - to confer with its attorney litigation which has been initiated formally to a party as follows: regarding pending which the City is (76 & S-4) City Manaqement. 238755; of San Bernardino vs. California Constructipn Inc.. et al - San Bernardino Superior Court Case No. 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; Stubblefield Bernardino. et al 232998; Construction Company. et al vs. City of San San Bernardino Superior Court Case No. City of San Bernardino vs. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239193; 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 - San Bernardino Superior Court Case No. 241692; Barratt. Inc.. vs. city of San Bernardino - San Bernardino Superior Court Case No. 242433; Hiqhland Bernardino. et 241464; Homeowners Association vs. San Bernardino Superior City Court of San Case No. Hills al Wilbourn vs. city - San Bernardino Superior Court Case No. 238248; Revnolds vs. City of San Bernardino Superior Court Case No. 248752; San Bernardino City of San Bernardino vs. County of San Bernardino - San Bernardino Superior Court Case No. 242168; 40 5/15/89 . . . .'.,. ' -',~- - ''1" -"ft"~_'JIf'-' "~'f_ J.j '''''-ii~ ~'7:!,~ti;f"'-',;::' ,'. ~, ,- J. )"~~",,>..yt Branton YS. City of San Bernardino - San Bernardino Superior Court Case No. 248074; Catlett YS. City of San Bernardino - Superior Court Case No. 243182; Giberson YS. City of San Bernardino. McKee - San Bernardino Municipal Court Case No. 120331; Wittaker YS. City of San Bernardino Superior Court Case No. 238417; San Bernardino W.C.A.B. Willmarth YS. City of San Bernardino - No. 86SBR 125-077 . CLOSED SESSION At 4:35 p.m., Mayor Wilcox called the Closed Session to order in the Conference Room of the Council Chambers in City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Flores, Maudsley, Minor, Pope-Ludlam; Senior Assistant City Attorney Barlow, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Members Reilly, Miller. ADJOURN CLOSED SESSION At 5:35 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 5:35 p.m., Mayor Wilcox called the Regular Meeting to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk being present: Mayor Wilcox; Council Maudsley, Minor, Pope-Ludlam; Senior Barlow, City Clerk Clark, Acting City Absent: Council Members Reilly, Miller. Clark with the following Members Estrada, Flores, Assistant City Attorney Administrator Robbins. 41 5/15/89 - j . ;"r';'i' . "'tf.">'.:'b"rL"7,'1";~'"A' r,.-";,\:'~'~_,~ \" ",~'-"";.',~ ~, ii" . CLOSED SESSION Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the request for Closed Session to confer with the attorney regarding pending litigation, pursuant to Government Code Section 54956.9(b)(1), as there is significant exposure to litigation, be continued to Tuesday, May 16, 1989, at 1:00 p.m. (74) RECESS MEETING At 5:37 p.m., Council Member Minor made a by Council Member Pope-Ludlam and unanimously meeting be recessed to 1:00 p.m., Tuesday, May Council Chambers of City Hall, 300 North Bernardino, California. motion, seconded carried, that the 16, 1989, In the "0" Street, San ( 77) RECONVENE MEETING - MAY 16, 1989 At 1:15 p.m., Tuesday, May 16, 1989, Mayor Wilcox called the Adjourned Regular Meeting to order in 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 Flores, Maudsley, Minor, Pope-Ludlam; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Members Estrada, Reilly, Miller. RECESS MEETING - CLOSED SESSION At 1:15 p.m., Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the Common Council recess to Closed Session to confer with its attorney regarding pending litigation pursuant to Government Code Sections 54956.9(c), to confer with its attorney regarding pending litigation, so that the Council may decide whether to initiate litigation; and 54956.9(b)(1), to confer with its attorney regarding pending litigation, as there is significant exposure to litigation. (74 & 76) CLOSED SESSION At 1:15 p.m., Mayor Wilcox called the Closed Session to order in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Flores, Maudsley, Minor, Pope-Ludlam; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Members Estrada, Reilly, Miller. 42 5/16/89 . . . . " .iII;: .,';'~,-~""i~":~;C-' "n~t''''"..,.,~ 1:<".. "'-~",-_'l" ADJOURN CLOSED SESSION At 2:00 p.m., the Closed Session adjourned Regular Meeting of the Mayor and Common Council San Bernardino. to the Adjourned of the City of RECONVENE MEETING At 2:00 p.m., Mayor Wilcox called the Adjourned Regular Meeting to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Flores, Maudsley, Minor, Pope-Ludlam; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Members Estrada, Reilly, Miller. SOUTHERN PACIFIC RAILROAD COMPANY TRAIN DISASTER Mayor Wilcox announced that the Common Council approved an agreement with the Southern Pacific Railroad Company regarding the train derailment of Friday, May 12, 198Q, which resulted in loss of life and the destruction of several homes on Duffy Street. (75) ADJOURNMENT At 2:00 p.m., Council Member Flores made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the meeting adjourn to 1:00 p.m., Wednesday, May 17, 1989. xd:/7PLl ~4R ) City Clerk No. of Items: 91 No. of Hours: 8 43 5/16/89