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HomeMy WebLinkAbout09-18-1989 Minutes . . . l' City of San Bernardino, California September 18, 1989 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Pro Tempore Minor at 8:30 a.m., September 18, 1989, 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 Pro Tempore Minor; Council Members Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Mayor Holcomb, Council Members Estrada, Pope-Ludlam. RECESS MEETING - CLOSED SESSION At 8:30 a.m., Council Member Flores made by Council Member Miller and unanimously meeting recess to Closed Session pursuant Government Code Sections: a motion, seconded carried, that the to the following Government Code Section 54956.9(b)(1), to confer with its attorney regarding pending litigation, as there is significant exposure to litigation; (1) Government Code Section 54956.9(c), to attorney regarding pending litigation, so decide whether to initiate litigation; confer with that Council (2) its may Government Code Section 54957, matters; to consider personnel ( 3) Government Code Section 54956.9(a), to confer with its attorney regarding pending litigation which has been initiated formally to which the City is a party as follows: (4) Citv of San Bernardino vs. California Construction Manaaement. Inc.. et al - San Bernardino Superior Court Case No. 238755; Saldecke. et al vs. Ci tv of San Bernardino. et al - San Bernardino Superior Court Case No. 236836; Cable Lake Association vs. City of San Bernardino - San Bernardino Superior Court Case No. 239714 and Case No. 239649; City of San Bernardino ys. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239193; 1 9/18/89 . . . Stubblefield Construction Comoany. et al ys. City of San Bernardino. et al San Bernardino Superior Court Case No. 232998; Juan Manuel Sanchez ys. City of San Bernardino - United States District Court Case No. CV87-2291 AWT (Bx); Charles H. Brown ys. City of San Bernardino - San Bernardino Superior Court Case No. 243087; Sock Dawson. et al ys. 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; Reynolds ys. City of San Bernardino Superior Court Case No. 248752; San Bernardino Dudley Brewster. et al vs. Southern Pacific Railroad. et al - San Bernardino Superior Court Case No. 249736; City of San Bernardino vs. Patel - San Bernardino Superior Court Case No. 250473; Save San Bernardino vs. City of San Bernardino San Bernardino Superior Court Case No. 250425; Henrv Harris vs. City of San Bernardino. et al - United States District Court Case No. CV-87-04882 JSL (Gx); Arriaga vs. City of San Bernardino - San Bernardino Superior Court Case No. 247466; Ruby Walker vs. City of San Bernardino Superior Court Case No. 237618; - San Bernardino City of San Bernardino vs. Liberty T.V. Cable. Inc. - United States District Court - Case No. 82-6876 (Gx); Hobbs vs. City of San Bernardino - San Bernardino Superior Court Case No. 250971; PerrY Drago vs. City of San Bernardino - San Bernardino Superior Court Case No. 244095. READING OF RESOLUTIONS AND ORDINANCES City Clerk Clark read the resolutions and ordinances on the Regular and Supplemental Agenda. 2 9/18/89 . . . CLOSED SESSION At 8:30 a.m., the Closed Session was called to order by Mayor Pro Tempore Minor in the Conference Room of the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Pro Tempore Minor; Council Members Reilly, Flores, Maudsley, Minor, Miller; Deputy City Attorney Roth, City Administrator Julian. Absent: Mayor Holcomb; Council Members Estrada, Pope- Ludlam; City Clerk Clark. COUNCIL MEMBER ESTRADA ARRIVED Council Member Estrada arrived at the Closed Session. COUNCIL MEMBER At 9:20 a.m., Closed Session. POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the ADJOURN CLOSED SESSION At 9:30 a.m., the Closed Session was 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 9: 30 a.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Pro Tempore Minor; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Deputy City Attorney Roth, City Clerk Clark, City Administrator Julian. Absent: Mayor Holcomb. INVOCATION The Invocation was given by Reverend Tracy Johnson, East Valley Baptist Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Maudsley. 3 9/18/89 . PUBLIC COMMENTS - BETTY ANDERSON Betty Anderson, 1115 East 35th Street, San Bernardino, spoke concerning the lifting of curbs and sidewalks in front of her property due to the trees in front of her yard. It is her understanding that the trees are property of the City and the City should maintain the trees. She requested that the City look into this matter. (6) PUBLIC COMMENTS - GIDEON BROWN Gideon Brown, 1555 West 11th Street, San Bernardino, spoke regarding his vehicles and personal goods being stolen from his property. He complained that he had tried to report this to the Police Department, but no one would take his report. He requested information as to whom he should speak in the Police Department to make sure a report will be filed. (6) . SERVICE PIN AWARD CEREMONY Lorraine Velarde, Executive Assistant to the Mayor, read the list of employees receiving pins for their service to the City of San Bernardino. Mayor Pro Tempore Minor presented service pins to the employees. (7) PRESENTATION - AMERICAN BUSINESS WOMEN DAY - SEPTEMBER 22, 1989 Lorraine Velarde, Executive Assistant to the proclamation declaring September 22, 1989, as Business Women Day in the City of San Bernardino. Mayor, read a the American (9) Ms. Lois Wall, representative of the Arrowhead Chapter for the American Business Women Association, accepted the proclamation on behalf of the association. PRESENTATIONS - EMPLOYEE RECOGNITION PROGRAM Lorraine Velarde, Executive Assistant to introduced the following employees who were honored Employee Recognition Program: the Mayor, through the (8) Mike Grubbs, Management/Confidential, Public Works/Engineering Timothy McCullough, Mid-Management, Administration Telecommunications Tom Germany, Safety, Police Department Joyce Johnson, General, Police Department Lorna Royse, Clerical, Parks, Recreation & Community Services Each employee received a check for $200.00 for recognition of their outstanding service and dedication to their duties. . APPOINTMENTS - SENIOR AFFAIRS COMMISSION - WILLIAM AUTREY Pursuant to a request by Council Member Reilly, Mayor Holcomb recommended the appointment of Mr. William Autrey to the Seniors Affairs Commission. (10) 4 9/18/89 . Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that Mr. William Autrey be appointed to the Seniors Affairs Commission. APPOINTMENTS - ANIMAL ADVISORY COMMISSION - ALBERT LUMPKIN Pursuant to a request by Council Member Pope-Ludlam, Mayor Holcomb recommended the appointment of Mr. Albert Lumpkin to the Animal Advisory Commission. (10) Council Member pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that Mr. Albert Lumpkin be appointed to the Animal Advisory Commission. RECESS MEETING At 9:57 a.m., Mayor Pro Tempore Minor declared a five-minute recess. RECONVENE MEETING At 10:05 a.m., the regular meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. . ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tempore Minor; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Deputy City Attorney Roth, City Clerk Clark, City Administrator Julian. Absent: Mayor Holcomb. APPROVAL OF COUNCIL MINUTES - MAY 13, 1989 - MAY 31, 1989 JULY 24, 1989 - JULY 27, 1989 Council Member Pope-Ludlam made a motion, seconded by Council Member Miller 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: May 13, 1989 May 31, 1989 July 24, 1989 July 27, 1989 APPROVAL OF COUNCIL MINUTES - AUGUST 7, 1989 Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that the minutes of August 7, 1989, meeting of the Mayor and Common Council of the City of San Bernardino, be approved as submitted in typewritten form. . The motion carried by the following vote: Ayes: Council Member Estrada, Reilly, Flores, Minor, Pope-Ludlam, Miller. Noes: None. Abstain: Council Member Maudsley. Absent: None. 5 9/18/89 . PERSONNEL COMMITTEE REPORT - SEPTEMBER 14, 1989 At the Personnel Committee meeting of September 14, 1989, the committee discussed the request to establish an additional real property specialist position. Council Member pope-Ludlam made Council Member Miller and unanimously from the Personnel Committee dated received and filed. a motion, seconded by carried, that the report September 14, 1989, be (13) WAYS AND MEANS COMMITTEE REPORT - SEPTEMBER 11, 1989 In a memorandum dated September 22, 1989, Council Member Estrada, Chairman of the Ways and Means Committee, presented a report on cultural fees from the meeting held on September 11, 1989. (14) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the report from the Ways and Means Committee, dated September 11, 1989, be received and filed. ORD. MC-676 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 15.08 DEALING WITH LIQUEFACTION AND REQUIREMENTS FOR DEVELOPMENT IN SUSCEPTIBLE AREAS. (17) . Council Member pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that final reading of the ordinance be waived; that said ordinance and its Negative Declaration be adopted; and that a finding be made that the ordinance is consistent with the General Plan. Ordinance MC-676 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope- Ludlam, Miller. Noes: None. Absent: None. RES. 89-356 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING PROCEDURES AND GUIDELINES FOR LIQUEFACTION INVESTIGATIONS AND REPORT REQUIRED BY CHAPTER 15.08 OF THE SAN BERNARDINO MUNICIPAL CODE; AND RESCINDING RESOLUTION NO. 82-345. (18) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that further reading of the resolution be waived; that said resolution and its Negative Declaration be adopted; and that a finding be made that the resolution is consistent with the General Plan. . 6 9/18/89 . . . Resolution Council Members Ludlam, Miller. 89-356 was adopted by the following vote: Estrada, Reilly, Flores, Maudsley, Minor, Noes: None. Absent: None. Ayes: pope- CLAIMS AND PAYROLL Pursuant to a memorandum dated August 29, 1989, from Andrew Green, Director of Finance, Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the Claims and Payrolls, and the authorization to issue warrants as listed on the memorandum from the Director of Finance, be approved. (19) WAIVING OF THE RESOLUTIONS Council Member pope-Ludlam made a Council Member Miller and unanimously reading of the following resolutions resolutions be adopted. motion, seconded by carried, that further be waived and said Council Member pope-Ludlam made a motion, seconded by Council Member Miller that the following resolutions be adopted. RES. 89-357 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER TO HAAKER EQUIPMENT COMPANY FOR THE FURNISHING AND DELIVERY OF FOUR (4) AUTOMATED REFUSE TRUCKS, TO BE UTILIZED BY THE PUBLIC SERVICES/STREET DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-88-l5. (22a) RES. 89-358- RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER TO NIXON-EGLI EQUIPMENT COMPANY FOR THE FURNISHING AND DELIVERY OF THREE (3) STREET SWEEPERS, TO BE UTILIZED BY THE PUBLIC SERVICES/STREET DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-89-2l. (22b) RES. 89-359 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF ADDENDUM SCHEDULES 5 & 6 TO EXISTING LEASE PURCHASE AGREEMENT NO. 86-1112 WITH PACIFIC CORP CAPITAL INC FOR THE FINANCING OF THREE ( 3 ) STREET SWEEPERS, AND FOUR ( 4 ) AUTOMATED REFUSE TRUCKS IN ACCORDANCE WITH LEASE PURCHASE QUOTATION LP9003. (22c) 7 9/18/89 . RES. 89-360 - A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF TWO EAST/WEST ALLEYS, BETWEEN MASSACHUSETTS AVENUE AND GARNER AVENUE AND BETWEEN 15TH STREET AND 16TH STREET AND RESERVING EASEMENTS THEREIN. (26) . RES. 89-361 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 13603, LOCATED AT THE SOUTHEASTERLY CORNER OF OHIO AVENUE AND CHESTNUT AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (28) RES. 89-362 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 55 OF LOCAL AGENCY FEDERAL-AID SAFETY IMPROVEMENT PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION. (29) RES. 89-363 - A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF THAT CERTAIN ALLEY SOUTH OF BASELINE, BETWEEN SEPULVEDA AND WALL, AND RESERVING AN EASEMENT FOR GENERAL TELEPHONE COMPANY AND APPURTENANT FACILITIES, AND AN EASEMENT FOR PUBLIC UTILITIES THEREIN. (30) RES. 89-364 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO STEINY AND COMPANY, INC, FOR INSTALLATION OF STREET LIGHTS ON SOUTH "E" STREET, FROM MILL STREET TO ORANGE SHOW ROAD; AND ON WATERMAN AVENUE, FROM CENTRAL AVENUE TO THE SANTA ANA RIVER. (31) Resolutions 89-357, 89-358, 89-359, 89-360, 89-361, 89-362, 89-363 and 89-364 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, pope- Ludlam, Miller. Noes: None. Absent: None. . RES. 89-365 - A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF PARKWAYS ALONG MEYERS ROAD AND MEYERS COURT, NORTHERLY OF LITTLE LEAGUE DRIVE, AND RESERVING EASEMENTS THEREIN. (32) 8 9/18/89 . Council Member Pope-Ludlam made a motion, seconded by Council Member Miller that said resolution be adopted. Resolution 89-365 was adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: Council Member Reilly. Absent: None. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller that the following resolutions be adopted. RES. 89-366 - RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES ON SAID PROPERTIES. (VAP #263-06/08) (33) . RES. 89-367 - RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES ON SAID PROPERTIES. (VAP #302-07) (34) RES. 89-368 - RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES ON SAID PROPERTIES. (VAP #321-07) (36) RES. 89-369 - RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES ON SAID PROPERTIES. (VAP #325-08) (37) RES. 89-370 - RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES ON SAID PROPERTIES. (VAP #328-08) (38) . RES. 89-371 - RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES ON SAID PROPERTIES. (VAP #332-08 & VAP #335-08) (39) 9 9/18/89 . . . RES. 89-372 - RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES ON SAID PROPERTIES. (VAP #337-08) (41) RES. 89-373 - RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES ON SAID PROPERTIES. (VAP #338-08) (42) RES. 89-374 - RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES ON SAID PROPERTIES. (VAP #345-08) (43) RES. 89-375 - RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES ON SAID PROPERTIES. (VAP #383-08) (44) Resolutions 89-366, 89-367, 89-368, 89-369, 89-370, 89-371, 89-372, 89-373, 89-374 and 89-375 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. ORD. MC-677 - ORDINANCE OF THE CITY OF SAN BERNARDINO REQUIRING A REVIEW OF PLANS FOR SINGLE-FAMILY DWELLINGS WITHIN THE FOOTHILL AREA, AND REPEALING ORDINANCE NO. MC-577. (46) Council Member pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that final reading be waived and said ordinance be adopted. Ordinance MC-677 was adopted by the following vote: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Ludlam, Miller. Noes: None. Absent: None. Ayes: pope- 10 9/18/89 . ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SUBSECTION B, OF SECTION 13.31.070 OF THE SAN BERNARDINO MUNICIPAL CODE TO REQUIRE PAYMENT OF A $500.00 ADMINISTRATIVE FEE FOR PROCESSING REQUESTS FOR A WAIVER OF THE REQUIREMENT TO CONNECT TO THE SEWER SYSTEM. (50) Council Member pope-Ludlam made a Council Member Miller and unanimously reading be waived and said ordinance be passage. motion, seconded by carried, that first laid over for final The motion carried by the following vote: Ayes: Council Member Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. . ANNEXATION OF EAST TIPPECANOE AVENUE, NORTH OF I-10 FREEWAY In a memorandum dated September 6, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that he had received a request from a property owner for annexation of property located between Tippecanoe and Mountain View Avenue, north of the I-10 Freeway. The petitioner indicated that there are several other property owners within the proposed territory that have shown an interest in being annexed to the City of San Bernardino. These property owners will submit letters to the City regarding this issue. (16) Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the proposed annexation of that territory generally located east of Tippecanoe Avenue, north of the I-10 Freeway. RES. 89-376 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CHARLES E. HAMILTON TO PERFORM CONSULTING SERVICES FOR THE RISK MANAGEMENT DEPARTMENT. (Continued from September 6, 1989) (21) City Administrator Julian answered questions regarding the provisions of the agreement relating to the length of services provided by Mr. Hamilton. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. . Resolution Council Members Ludlam, Miller. 89-376 was adopted by the following vote: Estrada, Reilly, Flores, Maudsley, Minor, Noes: None. Absent: None. Ayes: pope- 11 9/18/89 . . . RES. 89-377 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BOYS AND GIRLS CLUB OF SAN BERNARDINO RELATING TO FINANCIAL ASSISTANCE FOR THE CRACKDOWN ANTI-GANG AND ANTI-DRUG ABUSE DIVERSION PROGRAM. (23) Annie Ramos, Director of Parks, Recreation and Community Services, answered questions regarding the outcome of the Crackdown Program held on September 16, 1989, stating it was very successful. City Clerk Clark answered questions regarding the fact that the Crackdown Organization does not require a business license. She stated that non-profit organizations are only required to show proof of non-profit status. CITY ATTORNEY PENMAN ARRIVED City Attorney Penman arrived at the Council Meeting and replaced Deputy City Attorney Roth. A discussion ensued regarding the in-kind services provided to the Crackdown Program by the Boys and Girls Club. Council Member Estrada made a motion seconded by Council Member Miller, that said resolution be adopted. Resolution 89-377 was adopted by the following vote: Ayes: Council Member Estrada, Reilly, Maudsley, pope-Ludlam, Miller. Noes: Council Members Flores, Minor. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO 6413 ENTITLED IN PART "A RESOLUTION. . . ESTABLISHING A BASIC COMPENSATION PLAN..."; BY ADDING THE POSITION OF COMMUNITY EMPLOYMENT SPECIALIST AT RANGE 1083 ($168l-$2049/MO.), AND DELETING THE POSITION OF COMMUNITY SERVICES REPRESENTATIVE AT RANGE 1087 ($1759 - $2152). (24) A discussion ensued regarding the positions requested in the resolution. Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, to refer said resolution to the Personnel Committee. 12 9/18/89 . RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433, LISTING AUTHORIZED AND BUDGETED POSITIONS FOR THE VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO AND ADDING: 1 TYPIST CLERK II- BUILDING AND SAFETY; 1 ANIMAL SHELTER OFFICE SPECIALIST ANIMAL CONTROL; 1 JUNIOR LIBRARIAN - LIBRARY; 6 DISPATCHERS II'S; 1 DISPATCHER SUPERVISOR AND 1 POLICE RECORDS CLERK I POLICE; 1 SENIOR PLANNER- PLANNING; 1 DEPUTY CITY CLERK I CITY CLERK; 1 MAINTENANCE CARPENTER PUBLIC BUILDINGS; 1 COMMUNITY EMPLOYMENT SPECIALIST - PARKS, RECREATION & COMMUNITY SERVICES; AND DELETING 1 ELECTRICIAN II - PUBLIC BUILDINGS; 1 COMMUNITY SERVICES REPRESENTATIVE - PARKS, RECREATION & COMMUNITY SERVICES; AND IDENTIFYING UNCLASSIFIED POSITIONS (U). (25) . A discussion ensued regarding adding the position of Maintenance Carpenter in exchange for a vacant Electrician II position in the Public Buildings Department; and the creation of one Community Employment Specialist position for the deletion of the Community Services Representative in the Parks, Recreation & Community Services Department. It was recommended that the Maintenance Carpenter and Community Employment Specialist positions be deleted from the resolution, and that the requests for these positions be submitted to the Personnel Committee. City Attorney Penman requested that this matter be continued to the afternoon session to allow the City Attorney's office to prepare an amended resolution to include the remaining positions. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that an amended resolution be prepared by the Attorney and that the matter be continued to this afternoon. (See Page 19) RES. 89-378 - A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF PORTIONS OF MAIN STREET AND BROADWAY STREET BETWEEN "I" AND "J" STREETS IN THE CITY OF SAN BERNARDINO AND RESERVING AN EASEMENT FOR SANITARY SEWER AND APPURTENANT FACILITIES, WATER LINES AND PUBLIC UTILITIES THEREIN. (27) . Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. 13 9/18/89 . Resolution 89-378 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Miller. Noes: Council Member Flores. Absent: None. RES. 89-379 - RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES ON SAID PROPERTIES. (VAP #319-07) (35) City Clerk Clark answered questions regarding liens on tax bills. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution 89-379 was adopted by the following vote: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Ludlam, Miller. Noes: None. Absent: None. Ayes: Pope- . VACATION - PORTION OF LUGO AVENUE, NORTH OF 4TH STREET In a memorandum dated September 6, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that he had received a request to vacate a portion of Lugo Avenue, north of 4th Street from adjacent property owners on both sides of the area proposed for vacation, because of a desire to redevelop the area. (15) Roger Hardgrave, Director of Public Works/City Engineer, answered questions. Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, to continue the proposed vacation of Lugo north of 40th Street to this afternoon. (See Page 17) CITY ATTORNEY PENMAN EXCUSED At 10:25 a.m., City Attorney Penman left the Council meeting and was replaced by Deputy City Attorney Roth. . PERSONNEL ACTIONS Capt. Harp, Police Department, answered questions regarding the step range of police positions listed in the personnel actions. He stated that lateral transfers from another city police department are hired at a higher step range because of their experience. (20) Capt. Harp also answered questions regarding the type of testing given to lateral transfers. He was asked to verify whether or not lateral transfers are given the psychological tests. It was agreed to continue this item to get additional information. (See Page 17) 14 9/18/89 . . . RES. 89-380 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING THE CURRENT CONTRACT WITH AMTECH RELIABLE ELEVATOR COMPANY RELATING TO ELEVATOR AND ESCALATOR MAINTENANCE SERVICE. (45) City Administrator Julian answered questions regarding the maintenance on the escalator. Council Member Flores made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution 89-380 was adopted by the following vote: Council Member Estrada, Reilly, Flores, Maudsley, Minor, Ludlam, Miller. Noes: None. Absent: None. Ayes: pope- WAIVING OF ORDINANCES Council Member pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the final reading of the following ordinances be waived. ORD. MC-678 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 15.28.100, 15 . 2 8 . 11 0 , AND 15 . 28 . 120 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ASSIGNING THE RESPONSIBILITY FOR ABATEMENT OF NUISANCES TO THE DIRECTOR OF PUBLIC SERVICES OR THE DIRECTOR OF BUILDING AND SAFETY. (47) City Administrator Julian answered questions responsibilities of the Director of Public maintenance and abatement of nuisances. regarding the Services for Council Member Maudsley made a motion, seconded by Council Member Flores, that said ordinance be adopted. Ordinance MC-678 was adopted by the following vote: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Ludlam, Miller. Noes: None. Absent: None. Ayes: Pope- ORD. MC-679 - ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 15.24 DEALING WITH PROPERTY MAINTENANCE AND REQUIRED MINIMUM STANDARDS. (48) David Schultz, Chairman of the Local Government Affairs Committee for the San Bernardino County Board of Realtors, endorsed the proposed blight ordinance. In a letter dated September 15, 1989, the Board expressed their concerns on the specific language contained in the ordinance. 15 9/18/89 . Mr. Schultz suggested that the City consider reviewing this ordinance in one year to address any problems encountered in the first year. Betty Anderson, 1115 East 35th spoke regarding the responsibilities of of City sidewalks and curbs. Street, San Bernardino, the City for maintenance Deputy City Attorney Roth explained that the City is responsible for the maintenance of the sidewalks and curbs if a City tree is causing the lifting of the curbs or sidewalks. Council Member Maudsley made a motion, seconded by Council Member Miller, that said ordinance be adopted with the following instructions: That the Building and Safety Department report back in one year as to what they have encountered with the ordinance. Ordinance MC-679 was adopted by the following vote: Council Member Estrada, Reilly, Flores, Maudsley, Minor, Ludlam, Miller. Noes: None. Absent: None. Ayes: Pope- . AN ORDINANCE OF THE CITY OF SAN AMENDING SECTION 5.36.060 OF BERNARDINO MUNICIPAL CODE RELATING BERNARDINO THE SAN TO BINGO. (49) Terry Whitman, Chairman of the Bingo Commission for the Temple Emanuel, San Bernardino, spoke in opposition to the proposed amendment to the bingo ordinance. He felt that it is not fair to allow the Knights of Columbus to increase the prize amount and increase the sessions per week. Smaller organizations cannot afford to increase prize amounts or sessions per week, due to the fact that they are not as well attended as the Knights of Columbus bingo games. George Shepard, 255 E. Arden, San Bernardino, spoke on behalf of the Knights of Columbus explaining the reason for the request to increase the amount and sessions per week. He stated that in order to compete with the Indian Bingo, they needed to expand. He further stated that the money raised from the bingo sessions is used for food and youth programs. A discussion ensued regarding the different bingo sessions held. Terry Whitman answered questions regarding the effects imposed on the Temple Emanuel because of the Indian Bingo. . Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that further reading of said ordinance be waived and that said ordinance be laid over for final passage. 16 9/18/89 . . . The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Maudsley, pope-Ludlam, Noes: Council Member Minor. Absent: None. Council Miller. PERSONNEL ACTIONS - CONTINUED FROM EARLIER IN MEETING Capt. Harp, Police Department, stated that psychological tests are given to all persons hired on the Police force, including lateral transfers. (See Page 14) (20) Pursuant to a memorandum dated September 7, 1989, from Roger C. DeFratis, Civil Service Chief Examiner, Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that the Personnel Actions submitted by the Chief Examiner, in accordance with all administrative regulations of the City of San Bernardino, be approved. AMENDED PROPOSAL FOR VACATION OF PORTIONS OF LUGO AVENUE, NORTH OF 4TH STREET - CONTINUED FROM EARLIER IN MEETING Council Member Reilly made a motion, seconded by Member Maudsley to reconsider the vacation of a portion Avenue, north of 4th Street. (See Page 14) Council of Lugo ( 15) In a memorandum dated September 6, 1989, Roger Hardgrave, Director of Public works/City Engineer, stated that he had received a previous proposal which would have given access to Lugo Avenue from Sierra Way, by the additional dedication of an east/west alley. The petitioner had recently advised that, due to a change of plans and design, the original petition would no longer be valid. Instead of the construction of an alley to allow for through traffic, a cul-de-sac is proposed to be installed. Due to this change, authorization must be given before the department can proceed with the amended proposal. Council Member Reilly 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 amended proposal for the vacation of a portion of Lugo Avenue, north of 4th Street; and that Plan No. 7531, as amended, be approved. APPEAL HEARING - BOARD OF BUILDING COMMISSIONER'S DECISION- WEED ABATEMENT - IRWIN STREET, SOUTH OF RIALTO AVENUE - RICHARD A. GONZALES - CONTINUED FROM SEPTEMBER 6, 1989 This is the time and place continued to for an appeal hearing regarding the Board of Building Commissioner's decision for weed abatement charges on property located on Irwin Street, south of Rialto Avenue. (51) In a letter dated August 10, 1989, Richard A. Gonzales, 2519 York Court, San Bernardino, 92408 appealed the decision of the Board of Building Commission regarding the weed abatement on property located at Irwin Street, south of Rialto Avenue. 17 9/18/89 . . . Because the appellant was not present at the meeting of September 6, 1989, the appeal was continued to the September 18, 1989. It was pointed out that the appellant was not present at today's meeting. A discussion ensued regarding the appellant not appearing at the Council Meetings. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada to continue the appeal to Monday, October 2, 1989, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: Council Member Minor. Absent: None. COMMUNITY SERVICE OFFICE AREA "A" - 645 N. MT. VERNON AVE PROPOSED CLOSURE - CONTINUED FROM JULY 17, 1989 This is the time and place continued to for consideration of a request to close the Community Service Area "A" office, 654 N. Mt. Vernon. In a memorandum dated July 11, 1989, Don Burnett, Chief of Police, recommended closure of the Area "A" Community Services office due to the lack of funds to continue payment for the rent of the office. He stated this facility failed to meet criteria regarding need, central location, visibility and other recommendations listed in a study entitled "An Analysis of Community Oriented Policing in the CIty of San Bernardino". The Police Department was also required to remove funding for this facility in the 1989-90 fiscal year budget because of mandated budget costs. (53) Council Member Estrada made a motion, seconded by Council Member pope-Ludlam and unanimously carried, that the closure of Area "A" Community Services Office be continued to Monday, October 2, 1989, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RESOLUTION OF THE CITY OF SAN APPROVING AGREEMENT WITH SAN BASEBALL CLUB, INC., REGARDING FISCALINI FIELD. (Continued from 1989) BERNARDINO BERNARDINO LEASE OF August 21, (55) Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that said resolution be continued to Monday, October 2, 1989, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. 18 9/18/89 . 235 INVESTMENTS, INC. AGREEMENT - 5-LEVEL PARKING STRUCTURE 360 PARKING SPACES - CONTINUED FROM SEPTEMBER 6, 1989 This is the time and place continued to for reconsideration of the agreement with 235 Investments Inc., for 360 parking spaces in the five-level parking structure. In a memorandum dated September 11, 1989, City Administrator Julian stated that the original agreement with 235 Investments, Inc., was terminated by the Mayor and Common Council at the meeting of August 21, 1989. Mr. Lew, spokesman for 235 Investments, Inc., was present at the meeting, but did not offer any suggestions for mitigating the situation. (56) The Council at its September 6, 1989, meeting voted to reconsider this matter on September 18, 1989. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, to continue the request for reconsideration of the agreement with 235 Investments, Inc., to Monday, October 2, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . RES. 89-381 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433, LISTING AUTHORIZED AND BUDGETED POSITIONS FOR THE VARIOUS DEPARTMENTS IN THE CITY OF SAN BERNARDINO AND ADDING: 1 TYPIST CLERK II- BUILDING AND SAFETY; 1 ANIMAL SHELTER OFFICE SPECIALIST ANIMAL CONTROL; 1 JUNIOR LIBRARIAN - LIBRARY; 6 DISPATCHERS II'S; 1 DISPATCHER SUPERVISOR AND 1 POLICE RECORDS CLERK I POLICE; 1 SENIOR PLANNER- PLANNING; 1 DEPUTY CITY CLERK I - CITY CLERK; AND IDENTIFYING UNCLASSIFIED POSITIONS (U). (Continued from earlier in meeting see page 13) (25) Council Member Reilly made Member Flores and unanimously resolution as amended by the City a motion, carried, Attorney. seconded by Council to reconsider said It was pointed out that the two positions of Maintenance Carpenter and Community Employment Specialist were deleted from the resolution. Council Member Reilly made a motion, seconded by Council Member Estrada, that said resolution be adopted as amended. . Resolution Council Members Ludlam, Miller. 89-381 was adopted by the following vote: Estrada, Reilly, Flores, Maudsley, Minor, Noes: None. Absent: None. Ayes: Pope- 19 9/18/89 . . . COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - REGULAR MEETING The Regular Meeting of the Communi ty Development Commission/Redevelopment Agency was called to order at 11: 00 a.m., by Mayor Pro Tempore Minor in the Council Chambers of City Hall 300 North "0" Street, San Bernardino, California. ROCKWELL INTERNATIONAL EXPANSION In a staff report dated September 13, 1989, Steven H. Dukett, Executive Director, Redevelopment Agency, stated that Rockwell is proposing to expand their current facilities located at Cooley Court. Under Section 33433 of the California Health and Safety Code, a joint public hearing and the adoption of a final resolution will be required to complete the matter. (R-3) Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that the Mayor and Common Council set a joint public hearing for 11:00 a.m., on October 2, 1989, to approve and ratify the Disposition and Development Agreement with Rockwell International Corporation. JOINT POWERS FINANCING AUTHORITY - BOND FINANCING DOCUMENTS - FINAL FORMS In a staff report dated September 13, 1989, Steven Dukett, Executive Director, Redevelopment Agency, recommended that the approval of the Joint Powers Financing Authority bond financing documents be continued to September 25, 1989, to allow Bond Counsel, Hawkins, Delafield and Wood, time to finalize all necessary documents. (R-6) Senior Assistant City Attorney Barlow requested a special meeting of the Mayor and Common Council of the City of San Bernardino be held on Monday, September 25, 1989, at 1:00 p.m., to allow adequate time to finalize the bond refunding documents. Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, to continue the bond financing documents to Monday, September 25, 1989, at 1:00 p.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. WATERMAN/I-10 ON AND OFFRAMPS In a staff report dated September 13, 1989, Steven H. Dukett, Executive Director, Redevelopment Agency, requested that the Council approve a loan of $1,250,000 from the Southeast Industrial Park (SEIP) Redevelopment Project Area for the construction of public improvements within the Tri-City (TC) Redevelopment Project Area. The funds will be loaned by SEIP to the City, and in turn by the City to TC. It is also requested that, since the loan terms will be for one year with the ability to be extended, and since the loans will in all probability require several years to be paid off, the Executive Director of the Agency and the Mayor be permitted to ministerially extend the terms of the respective loans, from year to year as required. 20 9/18/89 . RES. 89-382 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A LOAN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. (R-4a) RES. 89-383 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. (R-4b) Council Member Flores made a motion seconded by Council Member Estrada, that said resolutions be adopted. Resolutions 89-382 and 89-383 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, to authorize the Mayor to administratively extend from year to year the term of the loan from the City to the Tri-City Project Area. (R-4c) . WAIVER OF FEE FOR PLACING OF BANNER ON "E" STREET BRIDGE - UNITED WAY In a staff report dated September 11, 1989, City Administrator Julian, stated that he had received a request from United Way for waiver of fee for placing a banner on the "E" Street bridge from October 23, 1989 to November 6, 1989 to publicize annual United Way campaign. (57) Council Member Estrada made a motion, seconded by Council Member Miller, that the request from United Way for waiver of fee for placing of banner on "E" Street bridge be approved. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Minor, Pope-Ludlam, Miller. Noes: Council Member Maudsley. Absent: None. Deputy City Attorney Roth stated that the Municipal Code does not provide for a waiver of fees for the placing of a banner. . A discussion ensued regarding a possible amendment to the Municipal Code. Deputy City Attorney Roth was directed to investigate whether an amendment had been made to the Municipal Code book regarding waiver of fees for placing a banner. This matter will be discussed again later in the meeting. (See page 30) 21 9/18/89 . . . GENERAL PLAN AMENDMENT - FIFTH AND FLORES STREET - CHARLES PARKER In a memorandum dated September 7, 1989, Council Member pope-Ludlam, Sixth ward, stated that during the land use hearings for the adoption of the General Plan, the northwest corner of Fifth and Flores Streets was designated RS, Residential Suburban, which permits single-family dwelling units at a density of 4.5 units per gross acre. The site contains a vacant office building and a car wash which are now nonconforming uses. The General Plan permits the continuance and minor expansion of existing nonconforming uses, but the property owner, Charles Parker, requests a designation consistent with the existing uses. (58) Council Member Flores made a motion, seconded by Council Member Pope-Ludlam, to initiate the General Plan amendment for the northwest corner of 5th and Flores Streets. Deputy City Attorney Roth answered questions regarding who can initiate amendments to the General Plan. She stated that the City Council can only initiate amendments to the General Plan. a substitute motion, unanimously carried, to the Planning matters are Council Member Pope-Ludlam made seconded by Council Member Flores and continue this matter to 2:00 p.m. when considered. (See Page 27) DEL ROSA FREEWAY AGREEMENT - ROUTE 30/330 FROM DEL ROSA AVENUE TO 1.0 MILE NORTH OF HIGHLAND AVENUE In a memorandum dated September 6, 1989, Roger Hardgrave, Director of Public Works/City Engineer, reported that the City has reviewed a draft freeway agreement for improvements to Route 330. The Stubblefield Company asked to review the preliminary plans, as they own property on both sides of Route 330 freeway. He also explained provisions for a secondary emergency access road. (59) Council Member Maudsley made a motion, seconded by Council Member Flores, that the draft freeway agreement on Route 30, from 0.1 mile west of Del Rosa Avenue to Route 330, and 1.0 mile north of Highland Avenue be referred to the Legislative Review Committee for review and recommendation. It was pointed out that the draft freeway agreement should be directed instead to the Transportation Committee. Phil Arvizo, Executive Assistant to the Council, explained that this issue was reviewed by Legislative Review Committee (LRC) years ago. The matter was resolved, but now the new personnel at Caltrans are requesting that a different direction be taken. It was assumed by staff, since LRC had reviewed it before, that it should be reviewed by them again. 22 9/18/89 . A discussion ensued regarding referring the draft freeway agreement to the Transportation Committee. Council Member Estrada made a substitute motion, seconded by Council Member pope-Ludlam and unanimously carried, that the draft freeway agreement on Route 30, from 0.1 mile west of Del Rosa Avenue to Route 330, and on Route 330 between Route 30 and 1.0 mile north of Highland Avenue be referred to the Transportation Committee for review and recommendation. CRACKDOWN REQUEST FOR EXEMPTION OF PAYMENT OF FEE - PLACEMENT OF BANNER ON "E" STREET BRIDGE In a memorandum dated September 13, 1989, City Administrator Julian explained that CRACKDOWN had been allocated funds by the City with expenditures to be made through the Department of Parks, Recreation and Community Services. However, this is not a City-sponsored activity per se. (S-l) Pursuant to a request by Mayor Pro Tempore Minor, it was agreed by the Council to delete this item. . FINE ARTS AND CULTURAL ACTIVITIES ANNUAL FUNDING - POLICY STATEMENT In a memorandum dated September 13, 1989, Marshall Julian, City Administrator, stated the Ways and Means Committee had held several meetings regarding the allocation of funds for Fine Arts and Cultural Activities. The purpose of the meetings was to develop a statement of policy to guide future budgeting. The proposed policy statement was attached. (S-2) Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the Policy Statement, dated September 18, 1989, regarding the annual allocation of funds for apportionment of fine arts groups and cultural activities, be adopted as the official policy of the Mayor and Common Council and serve as a guideline for staff in the preparation of future annual budgets for the City. RES. 89-384 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE WITH THE SEDLAK FAMILY TRUST FOR THAT CERTAIN OFFICE BUILDING COMMONLY KNOWN AS 646 NORTH SIERRA WAY. (S-3) Council Member Flores made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution 89-384 was adopted by the following vote: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Ludlam, Miller. Noes: None. Absent: None. Ayes: Pope- . RES. 89-385 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STURGES FOUNDATION FOR THE PROMOTION OF ARTS AND CULTURE. (S-4) 23 9/18/89 . Council Member Miller made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution 89-385 was adopted by the following vote: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Ludlam, Miller. Noes: None. Absent: None. Ayes: pope- REAL PROPERTY SPECIALIST POSITION - ADDITIONAL POSITION In a staff report dated August 16, 1989, Roger Hardgrave, Director of Public Works/City Engineer, requested approval of the position of Real Property Specialist. This would allow the Real property Section to function in a more efficient manner without having to retrain temporary help which costs time and money. (S-5) The requested position will be funded through assessment district accounts. Therefore, the subject position will not have an impact on the general fund. . The Personnel Committee recommended approval of the position at its meeting of September 14, 1989. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the establishment of an additional position of Real Property Specialist in the Public Works Department/Real Property Section at Range 1105 ($2206-2687) be approved, and that the Director of Personnel be directed to amend Resolution No. 6433 accordingly. RECESS MEETING At 11:15 a.m., Mayor Pro Tempore Minor requested a five- minute break. RECONVENE MEETING At 11:25 a.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Pro Tempore Minor; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Deputy City Attorney Roth, City Clerk Clark, City Administrator Julian. Absent: Mayor Holcomb; Council Member Estrada. . SEWER MAIN INSTALLATION - WESTERN AVENUE FROM HIGHLAND TO 24TH STREET In a memorandum dated August 25, 1989, Roger Hardgrave, Director of Public works/City Engineer, stated that the Knights of Columbus facility located on the southwest corner of Western Avenue and 24th Street, has had frequent sewage problems. Because of these recurring problems, the Knights of Columbus has offered to pay 50% of the cost for installing a sewer main in 24 9/18/89 . Western Avenue to serve this facility. An estimate of $12,000 has been prepared by the Public Services Department for installation of this sewer main by City forces. Mr. Hardgrave recommended that $6,000 be allocated from the available balance for "Line Extension - Engineering" to finance 50% of the costs, with the other 50% being paid by the Knights of Columbus. (60) COUNCIL MEMBER ESTRADA RETURNED At 11:30 a.m., Council Member Estrada returned to the Council Meeting and took her place at the Council Table. Manuel Moreno Jr., answered questions regarding approval of the sewer main. Manuel Moreno Jr., gave the background concerning problems encountered by the private sewer main. He also explained the configuration of the sewer lines and problems with the laterals in the area. A discussion ensued regarding the installation of the sewer main. . Council Member Council Member Miller motion be approved: Pope-Ludlam made a motion, seconded by and unanimously carried, that the following that a determination be made that the installation of a sewer main in Western Avenue, from Highland Avenue to 24th Street, can be performed by City forces; that the allocation of $6,000, from Account 245-365- 57701, "Line Extension - Engineering," for the installation of a sewer main in Western Avenue, from Highland Avenue to 24th Street, be approved; and that as additional properties connect to the main being constructed, that said properties be required to pay their proportionate share of the cost of the main. RECESS MEETING At 11:40 a.m., the Mayor and Common Council recessed until 12:00 p.m., for a luncheon meeting to be held in the Management Information Center (MIC), 300 North "0" Street, San Bernardino, California. . RECONVENE MEETING The Regular Meeting reconvened Management Information Center (MIC), Rail Program from San Bernardino to Los at 12:20 to discuss Angeles. noon the in the Commuter 25 9/18/89 . . . ROLL CALL Roll call was taken with the following being present: Pro Tempore Minor; Council Members Estrada, Reilly, Maudsley, Minor, pope-Ludlam, Miller; Deputy City Empeno, City Clerk Clark, City Administrator Julian. Mayor Holcomb. Mayor Flores, Attorney Absent: COMMUTER RAIL FROM SAN BERNARDINO TO LOS ANGELES This is the time and place set for a discussion on the proposed commuter rail service between San Bernardino and Los Angeles. Carl Shiermeyer of Shiermeyer Consulting Services, 17390 Brookhurst Street, Suite 100, Fountain Valley, California, presented a report for potential commuter rail station locations in San Bernardino County. He stated that the County of Los Angeles has put aside $75,000,000 for a commuter rail from Los Angeles to San Bernardino and they want this rail service to be complete by next year. Mr. Shiermeyer explained that a station can be a large facility or a small shelter; however, they do require a number of parking spaces to accommodate the commuters. He spoke regarding the potential for using the main Santa Fe station in San Bernardino and regarding negotiations that would have to take place with Santa Fe for use of the facilities and rails. Mike Behr of the San Bernardino Association of Governments, offered to work with the City's Redevelopment Agency and Planning Departments, to look at station locations. Mr. Behr and Mr. Shiermeyer answered questions and urged the Mayor and Common Council to support measure "J" on the June, 1990, ballot, which will approve a bond issue for commuter rail. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that Council Members Miller, Estrada and Pope-Ludlam be appointed to work with the Redevelopment Agency on the commuter rail proposal. RECESS LUNCHEON MEETING At 1:20 p.m., Mayor Pro Tempore Minor ordered a recess until 2:00 p.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECONVENE MEETING At 2:05 p.m., Mayor Pro Tempore Minor reconvened the Regular Meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. 26 9/18/89 . ROLL CALL Roll call was taken with the following being present: Pro Tempore Minor; Council Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Miller; Deputy City Empeno, City Clerk Clark, City Administrator Julian. Mayor Holcomb. Mayor Flores, Attorney Absent: GENERAL PLAN AMENDMENT - FIFTH AND FLORES STREETS DISCUSSED EARLIER IN THE MEETING This is the time and place continued to reconsider the request for an amendment to the General Plan at Fifth and Flores Streets. (See Page 22) (58) Planning Director Kilger answered questions regarding the costs for processing General Plan amendments. Brad Kilger also answered questions regarding the downzoning of the car wash located at 5th and Flores Streets. . Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried that the Mayor and Common Council direct the Planning Department to initiate a General Plan Amendment for the northwest corner of Fifth Street and Flores Street, contingent upon submittal of required information from the property owners; and that the Mayor and Common Council waive processing and environmental review fees. SWEARING OF WITNESSES TESTIFYING BEFORE THE COUNCIL Deputy City Attorney Empeno requested that an oath be given to witnesses testifying on Planning Commission matters on the agenda. He stated that conducting hearings is a quasi-judicial function of the Council. Witnesses should be sworn in prior to their testimony. After discussion, Council Member Maudsley made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, to refer the issue of swearing of witnesses to the Legislative Review Committee. APPEAL HEARING - PLANNING COMMISSION'S DECISION TO REQUIRE AN EIR FOR TENTATIVE TRACT NO. 13554 - FORECAST MORTGAGE CORPORATION - A PROPOSAL TO SUBDIVIDE 68.1 ACRE SITE This is the time and place set for an appeal filed by Forecast Corporation regarding the Planning Commission's decision to require an EIR for Tentative Tract No. 13554 to subdivide a 68.1 acre site, generally located at the northerly terminus of "H" and "I" Streets north of North Park Boulevard. ( 61) . In a staff report dated September 1, 1989, Brad Kilger, Planning Director, reported that Forecast Corporation is appealing a decision by the Planning Commission to require an Environmental Impact Report (EIR) for Tentative Tract No. 13554. 27 9/18/89 . Planning Director Kilger gave a summary on the types of studies that were conducted and the history of the events that have taken place. Mayor Pro Tempore Minor stated that an agreement had been worked out between all concerned parties. He further stated that a traffic study was conducted in the area of Tentative Tract No. 13554. He stated that he explained to the Forecast Corporation that this is a very difficult area to build in, because of the foothills and the problems of some flooding areas. Eventually developers will find that it is very difficult to build in this area without first doing an EIR. Mayor Pro Tempore Minor opened the hearing. Mayor Pro Tempore Minor read an optional motion for Tentative Tract No. 13554. . Council Member Minor made a motion, seconded by Council Member Estrada, that the hearing be closed, that an appeal be upheld; that a focused Environmental Impact Report not be required or prepared; and, that the Planning Commission be directed to consider Tentative Tract No. 13554 with the following conditions, and to review and appropriately revise the project's Initial Study and the Mitigation Reporting/Monitoring Plan (MMP) with consideration given to these conditions which reduce the environmental consequences to a level of non-significance: 1. That storm drains shall be constructed per CSDP Project No. 7-B18 (subject to update per current Flood Control District design policy) expanded to include the following reaches: 56th Street to Little Mountain debris basin along "H" Street; from "H" Street to "I" Street along Northpark Boulevard; and along "F" Street. 2. That the architectural quality of the homes be upgraded to be compatible with those of the surrounding neighborhoods; and, that the percentage of the composition of the floor plans be limited as follows: Plan I (1,230 sq. ft. ) No more than 10% Plan II (1,365 sq. ft. ) No more than 15% plan III (1,460 sq. ft. ) No less than 25% Plan IV (1,759 sq. ft. ) No less than 25% Plan V (1,863 sq. ft. ) No less than 25% 3. That a specific travel route for construction equipment be reviewed and approved by the Public Works Department. . 28 9/18/89 . 4. That an additional geological/stability study be done prior to recordation of the final map, including trenching, specifically targeting the area of the spillway and along the route of the dike; and, that any mitigations proposed in the study be required to be complied with. 5. That $30,000 be traffic signal Street. paid toward the construction of a located at Kendall Drive and "H" 6. That all conditions of approval be completed before the issuance of any certificate of occupancy. Roger Hardgrave, Director of Public Works/City Engineer, spoke regarding the storm drain for this area. Frank Tracadas, 4151 North "E" Street, spoke on item number 4 of the proposed motion read by Mayor Pro Tempore Minor requiring that an additional geological/stability study be completed prior to recordation of the final map. He suggested that the studies be completed prior to approval of the tentative tract. . Joe Carmen, 10670 Civic Center Drive, Rancho Cucamonga, opposed the approval of maps for tentative tracts prior to performing the studies. He stated that it is his understanding that this is the procedure followed by the City. He pointed out that if the map does not receive Planning Commission's approval, it would have to go back for reconsideration. He stated that to require this prior to Planning Commission's approval is out of step. Mr. Hardgrave stated that he concurred with Mr. Carmen. He explained that major changes would not be expected, unless the study showed there was a problem that entailed a substantial revision to the final map. He stated that a finding could be made that since there was substantial changes to the tentative map, the Planning Commission would have to review the revised map again. . APPEAL HEARING - PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT NO. 89-22 - CONVERSION OF A SERVICE STATION INTO A MINI-MARKET WHICH SELLS BEER AND WINE - SEMAN NIMEH - 2402 E. HIGHLAND This is the time and place set for an appeal filed by Seman Nimeh regarding the Planning Commission's denial of Conditional Use Permit No. 89-22 for conversion of a service station into a mini-market which sells beer and wine, located at 2402 East Highland Avenue on the northwest corner of Highland and Arden Avenues. (62) 29 9/18/89 . . . In a memorandum dated August 31, 1989, Brad Ki1ger, Planning Director, stated that the applicant, Seman Nimeh, requested that the Mayor and Council reconsider the denial of Conditional Use Permit No. 89-22, and approve the conversation of a service station into a mini-market which sells beer and wine. He gave the background of the appeal and stated that the proposal complies with the City code requirements for design, circulation, signage, and parking. These additional parking spaces are required and four spaces have been proposed. He also stated that the Police Department had reviewed the proposal and opposed the project. However, in the event the project is approved, the Police Department proposed six mitigation measures which were listed in the report. Seman Nimeh, 2402 Piedmont Drive, Highland, explained why he needs to add a mini-market to his gas station to stay in business. He stated that as a self employed small businessman, it is very difficult to maintain a healthy business in today' s market with just a gas station. The trend is having a convenience store with the gas station. A discussion ensued regarding the conditions set by the Police Department. Mr. Nimeh stated that he agrees to the conditions submitted by the Police Department. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the hearing be closed. Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that the appeal be upheld; and, that Conditional Use Permit No. 89-22 be approved subject to the findings of fact and conditions of approval contained in the August 8, 1989, Planning Commission staff report and subject to the additional conditions submitted by the Police Department. CITY ATTORNEY PENMAN RETURNED City Attorney Penman returned to the Council Meeting and replaced Deputy City Attorney Empeno. WAIVER OF FEE PLACING OF BANNER "E" STREET BRIDGE - UNITED WAY (Discussed earlier in meeting) This is the time and place continued to for discussion regarding a request from United Way for a waiver of fee for placing a banner on "E" Street bridge. (See Page 21) (57) Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, to reconsider the motion which granted a waiver of fee for banner on "E" Street bridge by United Way. 30 9/18/89 . . . City Attorney Penman stated that a permit for a banner could only be granted to a civic organization or governmental body. He stated that an ordinance was adopted in March 1989, for a waiver of refund of fees for charitable organizations, but it was for development permits. Under the Municipal Code, a waiver of fee does not apply to the placing of a banner. The Municipal Code section could be amended to allow a waiver of fee, if the Council desires. Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the waiver of fee for placing an United Way banner on the "E" Street bridge be denied. PUBLIC HEARING - PATTON PARK PROPERTY DEVELOPMENT (Continued from July 17, 1989) In a memorandum dated April 7, 1989, Annie Ramos, Director of Parks, Recreation & Community Services, requested an extension of time for the completion of development of the Patton property. In response to that request, the State Department of General Services has requested a written commitment from the Mayor and Council to complete the development before the extension will be considered. (52) Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the Patton Park property development public hearing be continued to Monday, October 2, 1989, at 3:00 p.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECESS MEETING - CLOSED SESSION At 3:05 p.m., Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the Mayor and Common Council recess to Closed Session pursuant to the following Government Code Section: Government Code Section 54956.9(a) to confer attorney regarding pending litigation which has been formally to which the City is a party as follows: (4 with its initiated & S-6) Citv Management. No. 238755; of San Bernardino vs. California Construction Inc.. et al - San Bernardino Superior Court Case Saldecke. et al vs. Ci tv 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; Citv of San Bernardino vs. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239193; 31 9/18/89 . . . Stubblefield Construction Comoany. et al ys. City of San Bernardino. et al San Bernardino Superior Court Case No. 232998; Juan Manuel Sanchez ys. Ci ty 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 a1 YS. City of San Bernardino. et al- United States District Court - Case No. SA 88-461 AHS (RWRx); Barron/A1carez YS. 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; Reynolds vs. City of San Bernardino Superior Court Case No. 248752; San Bernardino Dudley Brewster. et a1 vs. Southern Pacific Railroad. et al - San Bernardino Superior Court Case No. 249736; City of San Bernardino vs. Patel - San Bernardino Superior Court Case No. 250473; Save San Bernardino vs. City of San Bernardino San Bernardino Superior Court Case No. 250425; Henry Harris vs. City of San Bernardino. et al - United States District Court Case No. CV-87-04882 JSL (Gx); Arriaga vs. City of San Bernardino - San Bernardino Superior Court Case No. 247466; Ruby Walker vs. City of San Bernardino Superior Court Case No. 237618; - San Bernardino Citv of San Bernardino vs. Liberty T.V. Cable. Inc. - United States District Court - Case No. 82-6876 (Gx); Hobbs vs. City of San Bernardino - San Bernardino Superior Court Case No. 250971; Perry Drago vs. City of San Bernardino - San Bernardino Superior Court Case No. 244095. Ortiz vs. City of San Bernardino - San Bernardino Superior Court Case No. 27065; Hudson vs. City of San Bernardino - San Bernardino Superior Court Case No. 244466. 32 9/18/89 . . . CLOSED SESSION At 3:05 p.m., Mayor Pro Tempore Minor called the Closed Session to order in the Conference Room of the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Pro Tempore Minor; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Administrator Julian. Absent: Mayor Holcomb, City Clerk Clark. Also present: Deputy City Attorney Empeno and Roth. ADJOURN - CLOSED SESSION At 3:12 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE REGULAR MEETING At 3:12 p.m., Mayor Pro Tempore Minor reconvened the Regular Meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Pro Tempore Minor; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman; City Clerk Clark; City Administrator Julian. Absent: Mayor Holcomb. ADJOURNMENT At 3: 12 p.m., Council Member Pope-Ludlam made a lIlotion, seconded by Council Member Reilly and unanimously carried, that the meeting be adjourned to 1:00 p.m., Monday, September 25, 1989, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. SHAUNA CLARK City Clerk By ~fJfltInJ)?JlIJmJ Deputy ity Clerk No. of Items: 77 No. of Hours: 6 33 9/18/89