Loading...
HomeMy WebLinkAbout10-16-1989 Minutes . . . I City of San Bernardino, California October 16, 1989 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 8:35 a.m., October 16, 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 Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Council Members Estrada, Pope-Ludlam. RECESS MEETING - CLOSED SESSION At 8:35 a.m., Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the meeting recess to closed session pursuant to the following: Government Code Section 54956.9(b) (1), to confer with the attorney regarding pending litigation, as there is significant exposure to litigation; (1) Government Code Section 54956.9(c), to confer attorney regarding pending litigation, so that Council whether to initiate litigation; with the may decide (2) Government Code Section 54957, matters; to consider personnel (3) Government Code Section 54956.9(a), to confer with the attorney regarding pending litigation which has been initiated formally and 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. Citv of San Bernardino. et al - San Bernardino Superior Court Case No. 236836; Cable Lake Association vs. Citv 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; Stubblefield Construction Company. et al vs. Ci tv of San Bernardino. et al San Bernardino Superior Court Case No. 232998; 1 10/16/89 . . . r Juan Manuel Sanchez vs. Citv of San Bernardino - United States District Court Case No. CV87-2291 AWT (Bx); Charles H. Brown vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 243087; Sock Dawson. et al vs. Ci ty of San Bernardino. et al- United States District Court - Case No. SA 88-461 AHS (RWRx); Barron/Alcarez vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 241692; Barratt. Inc.. vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 242433; Revnolds vs. City of San Bernardino Superior Court Case No. 248752; San Bernardino Dudlev 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; Crain vs. City of San Bernardino - San Bernardino Superior Court Case No. 229990; Draao /Perrv vs. Ci tv of San Bernardino - San Bernardino Superior Court Case No. 244095; Haves vs. Delanev (Citv) - San Bernardino Superior Court Case No. 240286; Hudson vs. City of San Bernardino - San Bernardino Superior Court Case No. 244466; Kaolan vs. City of San Bernardino - San Bernardino Superior Court Case No. 225490; San Bernardino Maadaleno vs. City of San Bernardino Superior Court Case No. 248739; Payne vs. City of San Bernardino - San Bernardino Superior Court Case No. 240290; Ticich vs. City of San Bernardino - San Bernardino Superior Court Case No. 243924; Valenzuela vs. City of San Bernardino Superior Court Case No. 242137; San Bernardino 2 10/16/89 . . . Taagart vs. City of San Bernardino - San Bernardino Superior Court Case No. 230330. READING OF THE RESOLUTIONS AND ORDINANCES City Clerk Clark read the resolutions and ordinances on the regular and supplemental agenda. CLOSED SESSION At 8: 35 a. m., the closed session was called to order by Mayor Holcomb in the conference room of 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 Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Miller; City Administrator Julian. Absent: Council Members Estrada, Pope-Ludlam; City Clerk Clark. Also present: Deputy City Attorneys Empeno and Roth; Lorraine Velarde, Executive Assistant to the Mayor; Senior Deputy City Attorney Wilson; Margaret Scroggin, Operations Supervisor, Attorney's Office. COUNCIL MEMBERS ESTRADA AND POPE-LUDLAM ARRIVED AT THE CLOSED SESSION At 8:42 a.m., Council Members Estrada and Pope-Ludlam arrived at the closed session. CITY CLERK CLARK ARRIVED AT THE CLOSED SESSION City Clerk Clark arrived at the closed session. JOHN WILSON LEFT THE CLOSED SESSION At 9:05 a.m., Senior Deputy City Attorney Wilson left the closed session. DENICE BRUE ARRIVED AT THE CLOSED SESSION Assistant City Attorney Brue arrived at the closed session. DIANE ROTH LEFT THE CLOSED SESSION At 9:15 a.m., Diane Roth, Deputy City Attorney, left the closed session. ADJOURN CLOSED SESSION At 9:25 a.m., the closed session was adjourned to 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. RECONVENE MEETING At 9:29 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. 3 10/16/89 . . . ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, pope-Ludlam, Miller; ICity Attorney Penman; City Clerk Clark, City Administrator Julian. Absent: None. INVOCATION The Invocation was given by Phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Pope- Ludlam. SERVICE PINS AWARD CEREMONY Lorraine Velarde, Executive Assistant to the Mayor, read the list of employees receiving a pin for their years of service to the City of San Bernardino. Mayor Holcomb presented the service pins to the employees. (7) COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council meeting. PRESENTATIONS - RED RIBBON WEEK - OCTOBER 23-27, 1989 Jeri Simpson, Executive Director of the San Bernardino Community Against Drugs Inc., spoke about the events occurring during Red Ribbon Week, October 23 through October 27, 1989. Ms. Simpson introduced Mr. Jim Musgrave. Mr. Musgrave sang a drug free jingle written by a Crestline 7th grade student. (8) Johnny Bell and Sancha Chapelle read a poem about drugs and sang a rap written by Mr. Bell. APPOINTMENTS - COMMUNITY TELEVISION COMMISSION EDWIN HElL In a memorandum dated October 5, 1989, Mayor Holcomb requested the appointment of Edwin Heil, 602 West 34th Street, San Bernardino, to the Community Television Commission. (9) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that appointment of Mr. Edwin Heil to the Community Television Commission, be approved. APPOINTMENT - BOARD OF BUILDINGS COMMISSIONERS GENE PENSIERO In a memorandum dated October 11, 1989, Mayor Holcomb requested the appointment of Gene Pensiero, 4040 La Hacienda Drive, San Bernardino, to the Board of Building Commissioners. (S-4) 4 10/16/89 . . . . Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that the appointment of Mr. Gene pensiero to the Board of Building Commissioners, be approved. PUBLIC COMMENTS - SUSAN SMITH HARTMANN Susan Hartmann expressed concern about situation in San Bernardino. She stated that cold is coming and there several people homeless. the homeless weather (6 ) PRESENTATIONS - PROCLAMATION - WILLARD PIKE - WATER DEPARTMENT Mayor Holcomb presented Mr. Willard Pike, recently retired from the Water Department, with a proclamation commending him for his dedicated service to the City. COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his place at the Council table. APPROVAL OF COUNCIL MINUTES - APRIL 26, 1989, AUGUST 21, 1989, SEPTEMBER 6, 1989 Council Member Estrada made a motion, seconded by Council Member Flores 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 26, 1989; August 21, 1989; September 6, 1989. (10) TRANSPORTATION COMMITTEE REPORT - OCTOBER 11, 1989 In a memorandum dated October 16, 1989, Council Member pope- Ludlam, Chairperson for the Transportation Committee presented the report from the Transportation Committee meeting of October 11, 1989. The following items were discussed: (11) 1. Proposed freeway agreement - Route 30/330, from Del Rosa Avenue 1.0 mile north Highland Avenue. 2. Downtown parking needs. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the report from the Transportation Committee dated October 11, 1989, be received and filed. PERSONNEL COMMITTEE REPORT - OCTOBER 5, 1989 In a memorandum dated October 10, 1989, Council Member Reilly, Chairman of the Personnel Committee, presented a report of the Personnel Committee meeting held on October 5, 1989. The following items were on the agenda: (12) 1. 2. Temporary hires. Reclassify Safety Officer to Mid-Management position and re-establish position of Typist Clerk II - Risk Management Division. 5 10/16/89 . . 3. 4. 5. 6 . Proposed organi~ational changes Public Buildings Division. Request to fill Abatement Aide position Public Services. Reclassify Assistant Traffic Engineer to Associate Traffic Engineer. Filling the positions of City Attorney Investigator and Deputy City Attorney in the City Attorney's Office. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the report from the Personnel Committee, dated October 5, 1989, be received and filed. WAYS AND MEANS COMMITTEE REPORT - OCTOBER 9, 1989 In a memorandum dated October 13, 1989, Council Member Estrada, Chairperson of the Ways and Means Committee, reported that at the committee meeting of October 9, 1989, the following item was discussed: (13) 1. Discussion of funding and expenditures. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the report of the Ways and Means Committee dated October 9, 1989, be received and filed. . CDBG FUNDS - INSTALLATION OF HIGHWAY SAFETY LIGHTING - "D" STREET, FROM 5TH STREET TO BASELINE STREET In a memorandum dated October 4, 1989, Ken Henderson, Director of Community Development, requested approval of CDBG funds to finance the installation of highway safety lighting on "D" Street from 5th Street to Baseline Street. The total cost of the project is estimated to be $114,500. Installation of lighting along this major north-south corridor would greatly enhance the security of affected businesses and residences. (15) Jean Anderson, 3309 North "H" Street, San Bernardino, member of the Citizens Advisory Committee, stated that the proposed lighting fixtures do not complement the Main Street project. She suggested that the lighting standards retain the old San Bernardino lighting to coincide with the streetscape proposal for the Main Street project. She further stated that the Citizens Advisory Committee decided not to fund the "D" Street lighting proposal. . Ken Henderson, Director, Communi ty Development, explained why the proposals are before the Council at this time. He further stated that these projects are eligible for CDBG funding and the only question is whether they are made to comply. Roger Hardgrave, Director of Public Works/City Engineer, talked about the design of the old standards and the problems encountered using that design. 6 10/16/89 . . . F Ms. Anderson explained how the proposed lighting would not light the sidewalk for pedestrians. Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, to refer the approval of funding highway safety lighting on "D" Street from 5th to Baseline Street to the Ways and Means Committee. CDBG FUNDS - INSTALLATION OF HIGHWAY SAFETY LIGHTING - 5TH STREET FROM "H" STREET TO "F" STREET In a memorandum dated October 4, 1989, Ken Henderson, Community Development Director, requested approval of CDBG funds to finance the installation of highway safety lighting on Fifth Street from "H" Street to "F" Street. The total project cost is estimated at $39,700. The installation of highway safety lighting along this stretch of 5th Street would enhance the security to the businesses and residences. (17) Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, to refer the approval of funding highway safety lighting on 5th Street from "H" Street to "F" Street to the Ways and Means Committee. CDBG FUNDS - INSTALLATION OF HIGHWAY SAFETY LIGHTING - ARROWHEAD AVENUE FROM 5TH STREET TO BASELINE In a memorandum dated October 4, 1989, Community Development Director Henderson requested approval of CDBG funds to finance the installation of highway safety lighting on Arrowhead Avenue from 5th Street to Baseline Street. The total cost of this project is estimated to be $119,300. The installation of the safety lighting along this major north-south corridor would greatly enhance the security of affected businesses and residences. (18) Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, to refer the approval of funding highway safety lighting on Arrowhead Avenue from 5th Street to Baseline Street to the Ways and Means Committee. It was suggested that the directors of Community Development, and Public Works, Main Street Coordinator and Ms. Jean Anderson meet to discuss the lighting standards for the three projects prior to the meeting of the Ways and Means Committee. COUNCIL MEMBER MINOR EXCUSED Council Member Minor left the Council meeting. PURCHASE UNIFORMS - NINE CODE COMPLIANCE OFFICERS In a memorandum dated September 26, 1989, Larry Director of Building and Safety, stated that he had instructed by the Mayor to pursue providing the department's compliance enforcement officers with uniforms. (14) Reed, been code 7 10/16/89 . . At the meeting of the Mayor and Council held on October 2, 1989, staff was authorized to proceed with obtaining cost estimates for uniforms for nine code compliance officers. As a result, a cost estimate for $4,000 was received. City Administrator Julian answered questions regarding discretionary authority the Director of Finance has to find the available funds to purchase the uniforms. Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, that the sum of $4,000 be allocated for the purchase of uniforms for nine code compliance officers from a source to be designated by the Director of Finance. CDBG FUNDS - TRAFFIC &IGNAL MODIFICATIONS - 19TH STREET AND MEDICAL CENTER DRIVE In a memorandum dated October 4, 1989, Ken Henderson, Director of Community Development, requested approval of CDBG funds to finance modifications to the traffic signals at the intersection of 19th Street and Medical Center Drive. The total cost for this project is estimated to be $70,000. This would significantly enhance the San Bernardino Community Hospital expansion program and traffic circulation in the immediate surrounding area. (16) . Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, to approve the use of Community Development Block Grant (CDBG) funds to finance traffic signal modifications at 19th Street and Medical Center Drive. COUNCIL MEMBER MINOR RETURNED Council Member Minor returned to the Council meeting and took his place at the council table. COUNCIL MEMBER MAUDSLEY EXCUSED Council Member Maudsley left the Council meeting. DEMOLITION OF STRUCTURES ON CITY OWNED LAND - NORTHWEST CORNER OF 7TH STREET & WATERMAN AVENUE In a memorandum dated October 10, 1989, City Administrator Julian requested the demolition of two vacant buildings on City- owned property located at the northwest corner of 7th Street and Waterman Avenue. These buildings in the present condition, are a target for graffiti and vandalism. The buildings as constructed are not complementary to Seccombe Lake Park, and it is unlikely that a suitable tenant could be found to make it worthwhile to rent or lease. The demolition would provide a first step in the transition of the land for permanent use. He requested that the Director of Public Works be directed to advertise for bids. (19) . City Engineer Hardgrave answered questions regarding the bid proposal and a previous bid that went out. 8 10/16/89 . . Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the Director of Public Works/City Engineer be directed to advertise for bids for the demolition of two buildings on City-owned property at Seventh Street and Waterman Avenue. FIVE LEVEL PARKING STRUCTURE - INSTALLATION OF NON- ILLUMINATED SIGNS - QUIEL BROS. SIGN CO. In a memorandum dated October 4, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated the work performed by Quiel Bros. Sign Company for the furnishing and installation of non-illuminated signs at the five-level parking structure had been satisfactorily completed as of August 14, 1989. The final actual contract price was $21,770.64. (20) Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the work performed by the contractor for installation of non-illuminated signs for the five-level parking structure, in accordance with plan No. 7452-A, be approved and accepted, and that final payment be authorized at the expiration of the lien period. . CITY HALL - PURCHASE OF NEW FIRE ALARM PANEL In a memorandum dated October 2, 1989, Roger Hardgrave, Director of Public Works/City Engineer, requested authorization to purchase a new fire alarm panel for City Hall. He stated that it was brought to his attention that the present fire alarm panel was not compatible with the new fire sprinkler system. Three quotes were received. The Fire Department recommended Simplex Time Recorder Company at a cost of $9,700. (21) Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the expenditure of $9,700, from the available balance for Account No. 048-025-56002, "Installation of Fire Sprinklers, City Hall," for acquisition of a new fire alarm panel for City Hall, be approved; and that the Purchasing Agent be authorized to issue a purchase order for a new fire alarm panel for City Hall to Simplex Time Recorder Company for the price quote dated September 25, 1989, in the amount of $9,700. MODIFICATION OF TRAFFIC SIGNALS AT MEDICAL CENTER DRIVE AND 19TH STREET - ADVERTISE FOR BIDS In a memorandum dated October 4, 1989, Roger Hardgrave, Director of Public Works/City Engineer, requested approval of plans and authorization to advertise for bids for modifications of traffic signals at Medical Center Drive and 19th Street. The project consists of replacing some of the standards to match the new driveway and upgrade the signal equipment. The total estimated cost for this project is $69,300. (22) . 9 10/16/89 . . Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the plans for modification of the traffic signals at Medical Center Drive and 19th Street, in accordance with Plan No. 7641, be approved; and that the Director of Public works/City Engineer be authorized to advertise for bids. COUNCIL MEMBER MAUDSLEY RETURNED Council Member Maudsley returned to the Council meeting and took his place at the council table. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. . CLAIMS AND PAYROLLS . Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the claims and payrolls and the authorization to issue warrants as listed on the memorandum from the Director of Finance dated October 10, 1989, be approved. (23) PERSONNEL ACTIONS Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the personnel actions dated October 5, 1989, submitted by the Chief Examiner, in accordance with all administrative regulations of the City of San Bernardino, be approved. (24) COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. WAIVING OF RESOLUTIONS Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that further reading of the following resolutions be waived. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. RES. 89-405 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DONALD H. MAYNOR. (Audit services - gas and electric franchise agreements.) (25) . Council Member Miller made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 89-405 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. 10 10/16/89 , . RES. 89-406 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING MAXIMUM RATE FOR MEDICAL TRANSPORTATION SERVICES, AND REPEALING RESOLUTION NO. 82-328, AS AMENDED BY RESOLUTION NO. 85-67 AND BY RESOLUTION NO. 78-282. (26) Council Member Miller made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 89-406 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Miller. Noes: None. Abstain: Council Member Flores. Absent: Council Member Pope-Ludlam. RES. 89-407 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE. (27) RES. 89-408 - RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COST OF ABATEMENT OF PUBLIC NUISANCES (ABANDONED VEHICLES) ON SAID PROPERTIES. (28) . Council Member MilleI' made a motion, seconded by Council Member Reilly, that said resolutions be adopted. Resolution Nos. 89-407 and 89-408 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SIGN LEASE WITH GANNETT OUTDOOR CO., INC. RELATING TO CERTAIN REAL PROPERTY SITUATED AT THE CONFLUENCE OF 4TH STREET AND 5TH STREET. (31) Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding the rental fees. It was pointed out that approximately 15,000 to 20,000 cars a day travel on Foothill Boulevard. Mayor Holcomb suggested ra~s~ng the rental fees as advertising rates are based on traffic count. . A discussion ensued regarding alternative solutions. 11 10/16/89 " . Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that the resolution regarding authorization for a sign lease with Gannett Outdoor Company, be referred to the Ways and Means Committee. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ED LEONELLI AND DOMINIQUE MOREL RELATING TO MAKING SEMI-ANNUAL PAYMENTS ON THE COST FOR UNDERGROUNDING UTILITIES AT 1080 EAST NINTH STREET. ( 32) Roger Hardgrave, City Engineer, explained the purpose of this agreement. He stated that the developer has not complied with all the conditions in the agreement, such as the street improvements. Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be referred to the City Attorney to take the appropriate steps to make sure the original conditions of the contract are enforced. . RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 84-270 ENTITLED IN PART "A RESOLUTION...ESTABLISHING INSPECTION AND CONNECTION FEES FOR CONNECTING ANY PROPERTY TO A PUBLIC SEWER...", TO AUTHORIZE AN ANNU~ FEE ADJUSTMENT DUE TO INFLATION. (33) City Administrator Julian recommended that this resolution be deleted because the documentation was not available for review. RES. 89-409 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT. (29) RES. 89-410 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PIPE LINE LICENSE WITH THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, RELATING TO CONSTRUCTION AND MAINTENANCE OF A 12-INCH INTERCEPTING SEWER ACROSS RAILROAD RIGHT-OF-WAY ALONG CABLE CREEK CHANNEL, AT CAJON BOULEVARD. (30) . RES. 89-411 A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN EASEMENT TO THE SOUTHERN CALIFORNIA EDISON COMPANY CONCERNING PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF "E" STREET, SOUTH OF ORANGE SHOW ROAD. (34) 12 10/16/89 " . Council Member Flores made a motion, seconded by Council Member Miller, that the said resolutions be adopted. Resolution Nos. 89-409, 89-410 and 89-411 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO RIVERSIDE CONSTRUCTION COMPANY FOR THE IMPROVEMENT OF INDUSTRIAL PARKWAY, FROM PALM AVENUE TO CABLE CREEK CHANNEL IN ASSESSMENT DISTRICT NO. 985. (37) Roger Hardgrave, City Engineer, recommended that this resolution be continued to November 6, 1989, until the assessment district for Industrial parkway is formed. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, to continue the resolution awarding a contract to Riverside Construction Company for improvements of Industrial Parkway from Palm Avenue to Cable Creek Channel to Monday, November 6, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino. . RES. 89-412 A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING ASSESSMENT ROLL NO. 984 FOR THE MAINTENANCE OF LANDSCAPING IN PORTIONS OF CENTRAL AVENUE, GIFFORD STREET AND A RETENTION BASIN LOCATED IN PARCEL 1 OF PARCEL MAP NO. 7405, IN THE CITY OF SAN BERNARDINO, AND APPROVING ASSESSMENT DIAGRAM MAP NO. 984. (35) RES. 89-413 A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING ASSESSMENT ROLL NO. 986 FOR THE MAINTENANCE OF LANDSCAPING IN PORTIONS OF SOUTH SIDE OF RIALTO AVENUE BETWEEN THE WEST LINE OF TRACT NO. 13532 AND THE EAST LINE OF TENTATIVE TRACT NO. 14235, IN THE CITY OF SAN BERNARDINO, AND APPROVING ASSESSMENT DIAGRAM MAP NO. 986. (36) RES. 89-414 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO BOB BRITTON, INC., FOR STREET AND CHANNEL IMPROVEMENTS AT 48TH STREET AND DEVIL' S CREEK CHANNEL. ( 38) . RES. 89-415 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO FILE A FUEL EFFICIENT TRAFFIC SIGNAL MANAGEMENT PROGRAM GRANT APPLICATION FOR $34,100 OF FUNDS APPORTIONED FOR FISCAL YEAR 89/90 TO THE CALIFORNIA ENERGY COMMISSION BY THE STATE LEGISLATURE. (39) 13 10/16/89 ~ . RES. 89-416 A RESOLUTION OF THE CITY OF SAN BERNARDINO CHANGING THE NAME OF COLUMBIA STREET TO VALLEY STREET, WITHIN THE CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO, EFFECTIVE AS OF THE DATE OF ADOPTION OF THIS RESOLUTION. (40) Council Member Minor made a motion, seconded by Council Member Miller, that the said resolutions be adopted. Resolution Nos. 89-412, 89-413, 89-414, 89-415 and 89-416 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. . RES. 89-417 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART, "A RESOLUTION... PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF..." TO ESTABLISH A NO PARKING ANY TIME ZONE ON RIALTO AVENUE, BETWEEN 740 FEET WEST OF LENA ROAD AND LENA ROAD, APPLICABLE TO THE SOUTH SIDE ONLY. (41) RES. 89-418 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO CONSOLIDATED FABRICATORS CORP. FOR THE FURNISHING AND DELIVERY OF CATEGORY I: ONE HUNDRED FIFTEEN ( 115) EACH THREE (3) CUBIC YARD REFUSE CONTAINERS AND CATEGORY II: THIRTY-FIVE (35) FOUR CUBIC YARD REFUSE CONTAINERS, TO BE UTILIZED BY THE PUBLIC SERVICES/REFUSE DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-90-06. (42) Council Member Reilly made a motion, seconded by Council Member Flores, that said resolutions be adopted. Resolution following vote: Maudsley, Minor, Nos. 89-417 and 89-418 were adopted by the Ayes: Council Members Estrada, Reilly, Flores, Pope-Ludlam, Miller. Noes: None. Absent: None. RES. 89-419 A RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING INCREASES TO ACQUISITION OF SERVICE CHARGES ESTABLISHED BY THE BOARD OF WATER COMMISSIONERS, AS SET FORTH IN RULE AND REGULATION NO. 20, SECTION (H) OF THE BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO. (43) Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 89-419 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. . 14 10/16/89 . . . RES. 89-420 A RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING INCREASES TO WATER RATES ESTABLISHED BY THE BOARD OF WATER COMMISSIONERS, AS SET FORTH IN RULE AND REGULATION NUMBERS 14 AND 21 OF THE BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO. (44 ) Bernie Kersey, Director of Administration and Finance, Water Department, answered questions regarding public notification of the proposed rate increases. Mr. Kersey also explained how the City of San Bernardino's water rates compared to the surrounding communities. He further stated that no protests were received. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 89-420 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that first reading of the following ordinances be waived and said ordinances be laid over for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.64.050 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FEES FOR ~PPEALS. (45) ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.64.050 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FEES FOR APPEALS (ALTERNATIVE ORDINANCE). (46) A discussion ensued regarding the different appeals and charges for the appeals. City Attorney Penman explained the background of the preparation of the two ordinances. He stated that one ordinance exempts elected city officials from paying a fee for an appeal. City Attorney Penman answered questions. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, to instruct the City Attorney to prepare an ordinance to apply to appeal charges for nuisance abatements and building demolition. 15 10/16/89 . ORDINANCE OF CHAPTER 3 . 13 RELATING TO ORGANIZATIONS. THE OF THE CITY OF SAN BERNARDINO AMENDING THE SAN BERNARDINO MUNICIPAL CODE WAIVER OF FEES FOR CHARITABLE (47) City Attorney Penman stated that the proposed ordinance as amended is permissive. It does not require the Council to waive the fees, it only provides the Council the authority to do so if agreed. He explained the background of the proposed ordinance. City Attorney Penman answered questions regarding the waiver of fees for charitable organizations. Council Member Estrada made a motion, seconded by Council Member Reilly, that first reading of said ordinance be waived; that the ordinance be amended by interdelineation on page 1, line 18, by changing the word "contract" to "contact," that said ordinance be laid over for final passage as amended. The motion carried by the following vote: Ayes: Member Estrada, Reilly, Flores, pope-Ludlam, Miller. Council Members Maudsley, Minor. Absent: None. Council Noes: COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. . ORDINANCE OF THE CITY SUBSECTION 15.56.040 (A) PARK FEES FOR MOBILE HOME OF SAN BERNARDINO AMENDING ( 3) REGARDING THE AMOUNT OF LOT CONSTRUCTION. (48) City Attorney Penman recommended that this ordinance be continued to allow the notice of changes in park fees for mobile home lot construction to be published. Council Member Estrada made a motion, seconded by Council Member Flores, and unanimously carried, that said ordinance be continued to the Monday, November 20, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 3.18.030(F), 3.18.040, 3.18.050, 3.18.060 AND 3.18.070 OF THE SAN BERNARDINO MUNICIPAL CODE AND ESTABLISHING THE REQUIREMENTS FOR A FOUR (4) YEAR REVIEW OF THE ENTERPRISE ZONE INCENTIVES AND RENEWING INCENTIVES TO BE GRANTED IN DESIGNATED AREAS OF THE CITY. (49) It was suggested that the Community Development Director present written statistics on the outcome of the Enterprise Zone. . 16 10/16/89 . Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the Community Development Department and the Redevelopment Agency submit a report on the boundaries of the Enterprise Zone and the types of business development in the Enterprise Zone area since it has been in place. This report should be presented at the Council meeting of November 20, 1989. RECESS MEETING At 11:10 a.m., Mayor Holcomb declared a ten-minute break. RECONVENE MEETING At 11:20 a.m., Mayor Holcomb 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 "D" Street, San Bernardino. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: None. . COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY REGULAR MEETING The Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order by Chairman Holcomb at 11:20 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. PUBLIC HEARING - TEFRA - SAN BERNARDINO COMMUNITY HOSPITAL- ISSUANCE AND SALE OF REVENUE REFUNDING BONDS This is the time and place set for a public hearing to authorize the issuance and sale of revenue refunding bonds for San Bernardino Community Hospital. (R-2) In a memorandum dated October 11, 1989, James Robbins, Acting Executive Director of the Redevelopment Agency, presented a synopsis of the past action regarding the approval of a TEFRA resolution for the San Bernardino Community Hospital. This would authorize the issuance and sale of the refunding bonds and the execution and delivery of certain documents in connection with this project. The Mayor opened the hearing. . RES. 89-421 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AUTHORIZING THE ISSUANCE AND SALE OF CITY OF SAN BERNARDINO HOSPITAL REVENUE REFUNDING BONDS (SAN BERNARDINO COMMUNITY HOSPITAL), SERIES 1989, THE EXECUTION AND DELIVERY OF AN INDENTURE, LOAN AGREEMENT, ESCROW AGREEMENT, BOND PURCHASE CONTRACT, OFFICIAL STATEMENT AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH. 17 (R-2) 10/16/89 . Council Member pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that the hearing be closed; that further reading of the resolution be waived and said resolution be adopted. Resolution No. 89-421 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, pope-Ludlam, Miller. Noes: None. Absent: None. PUBLIC HEARING - COURT AND "E" STREET PROJECT This is the time and place set for a public hearing to discuss the request that the Community Development Commission authorize and the Council approve execution of a disposition and development agreement (DDA) between One Sunset Court, Ltd. and the Agency. (R-3) In a memorandum dated October 10, 1989, James Robbins, Acting Executive Director, Redevelopment Agency, presented a synopsis of past action regarding the disposition and development agreement between One Sunset Court, Ltd., and the Redevelopment Agency for the sale of certain real property at Court and "E" Streets. . In the staff report, Mr. Robbins recommended Commission and the Council adopt the resolutions and Commission authorize the execution of the DDA with substantive changes as are approved by Agency Counsel. that the that the such non- Mayor Holcomb opened the joint hearing. Dennis Barlow, Senior Assistant City Attorney, stated that he had received the signed disposition and development agreement. He explained that there have been a couple of minor changes to the agreement. On page fqur of the agreement under C2, Parking District Fee, it stated that for a period of fifteen years from the date of the issuance of the Certificate of Completion, the Agency shall reimburse the developer for those parking district fees assessed against the site in excess of $15,000. Mr. Barlow stated that the developer has requested that the fifteen years be extended to twenty years. Mr. John Hoeger, Development Manager, Redevelopment Agency, stated that there would not be any financial impact on the Agency for the additional five years. A discussion ensued regarding the proposed changes to the agreement. . Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, to amend the agreement by interdelineation by extending the parking district fee to twenty years. 18 10/16/89 . . . Senior Assistant City Attorney Barlow stated that he would like to acknowledge to the Council that Ticor Title is a joint venture partner in this development. Mr. Barlow also stated that the developer has indicated that he would like to come back to discuss an easement lease for an area between the Maruko Hotel and City Hall for development of a food court. RES. 89-422 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE CONVEYANCE BY MEANS OF SALE OF CERTAIN REAL PROPERTY PURSUANT TO A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND ONE SUNSET COURT, LTD. (R-3B) A discussion ensued regarding Ticor' s partnership for the development. joint venture Merv Simchowi tz, President of the Sunset Group, clarified the intentions of the tenants and ventures in the partnerships. The Sunset Group will be the general partner and the tenants will be limited partners. All of this is subject to approval of conditions. Mr. Simchowitz gave a presentation on the Court and "E" Street project. He stated that groundbreaking will begin in about three to six months. Council Member Estrada made a motion, seconded by Council Member pope-Ludlam and unanimously carried, that the hearing be closed; that further reading of said resolution be waived and said resolution be adopted: Resolution No. 89-422 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, pope-Ludlam, Miller. Noes: None. Absent: None. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE ISSUANCE OF CERTAIN COLLATERALIZED MORTGAGE BONDS, SERIES 1989-B OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. (R-4A) RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE PURCHASE BY THE AUTHORITY OF A PRINCIPAL AMOUNT APPROXIMATELY EQUAL TO $3,080,000 OF COLLATERALIZED MORTGAGE BONDS, SERIES 1989-B, AUTHORIZING AND DIRECTING EXECUTION OF AUTHORITY PURCHASE AGREEMENT AND THE SALE THEREOF PURSUANT TO AN UNDERWRITERS PURCHASE AGREEMENT AND AUTHORIZING OFFICIAL ACTION ON CONNECTION THEREWITH. (R-4C) 19 10/16/89 r . In a memorandum dated October 10, 1989, James Robbins, Acting Executive Director, Redevelopment Agency, stated that said resolutions would authorize the issuance of certain Collateralized Mortgage Bonds, Series 1989-B and would authorize the purchase by the Joint Powers Authority of a principal amount approximately equal to $3,080,000. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that said resolutions be continued to the Wednesday, October 18, 1989, at 5:00 p.m., in the Redevelopment Agency Board Room, Fourth Floor, City Hall, 300 North "D" Street, San Bernardino, California. PROTEST HEARING - PROPOSED IMPROVEMENTS IN ASSESSMENT DISTRICT NO. 985 This is the time artd place regarding proposed improvements in which include curb and gutter, lighting improvements. set for a protest hearing Assessment District No. 985, sewer drainage and street (50) In a memorandum dated September 26, 1989, Roger Hardgrave, Director of Public Works/City Engineer, explained the various procedures completed that are required prior to approval of the proposed improvements in Assessment District No. 985. . RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MODIFYING AND CONFIRMING ASSESSMENT AND ORDERING CONSTRUCTION OF IMPROVEMENTS. (ASSESSMENT DISTRICT NO. 985, INDUSTRIAL PARKWAY IMPROVEMENT DISTRICT). (50) Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, the hearing be closed, and a finding and determination be made that the public convenience and necessity require the proposed improvements in Assessment District No. 985, that further reading of the resolution be waived and said resolution be adopted. (This motion was rescinded by the following motion). City Engineer Hardgrave stated that the proposed assessment district No. 985 must be formed prior to approving any construction of improvements in the district. He further stated that the formation of assessment district No. 985 is on todays agenda for approval. Mr. Hardgrave suggested that this item be continued to the Monday, November 6, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino. . Council Member Pope-Ludlam a motion, seconded by Council Member Flores, to rescind the previous motion to continue the protest hearing and resolution regarding the proposed improvements in Assessment District No. 985, to Monday, November 6, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 20 10/16/89 . The motion carried by the following vote: Ayes: Council Member Estrada, Reilly, Minor, Pope-Ludlam, Miller. Noes: Council Members Flores, Maudsley. Absent: None. PROTEST HEARING - VACATION OF EAST/WEST ALLEY SOUTH OF BASELINE STREET - BETWEEN SEPULVEDA AVENUE AND WALL AVENUE This is the time and place set for a protest hearing regarding the vacation of an east/west alley, south of Baseline Street, between Sepulveda Avenue and Wall Avenue. (51) In a memorandum dated September 18, 1989, Roger Hardgrave, Director of Public works/City Engineer, stated that staff had received a request from several of the adjoining owners to vacate that certain east/west alley, south of Baseline Street, between Wall Avenue and Sepulveda Avenue, in an effort to prevent the use of the alley for drug sales, speeding cars, thieves breaking into businesses and any other unauthorized/illegal use of the alley. Authorization was given on November 7, 1988, to proceed with the proposed vacation and Plan No. 7621 was approved. Mr. Hardgrave listed the findings of fact for the proposed vacation in his staff report. Mayor Holcomb opened the hearing. . RES. 89-423 A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF THAT CERTAIN EAST/WEST ALLEY, SOUTH OF BASELINE STREET, BETWEEN SEPULVEDA AVENUE AND WALL AVENUE, IN THE CITY OF SAN BERNARDINO AND RESERVING A PUBLIC UTILITY EASEMENT THEREIN. (51) Council Member Miller made a motion, seconded by Council Member Reilly 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 certain east/west alley south of Baseline Street, between Lugo and Sepulveda, is no longer necessary for street purposes, be adopted; and that further reading of the resolution be waived and said resolution be adopted. Resolution No. 89-423 was adopted by the following vote: Ayes: Council Member Estrada, Reilly, Flores, Maudsley, Minor, pope-Ludlam, Miller. Noes: None. Absent: None. PROTEST HEARING - VACATION OF TWO EAST/WEST ALLEYS LYING BETWEEN MASSACHUSETTS AVENUE AND GARNER AVENUE BETWEEN 15TH AND 16TH STREETS This is the time and place set for a protest hearing regarding the vacation of two east/west alleys lying between Massachusetts Avenue and Garner Avenue and between 15th and 16th . Streets. (52) 21 10/16/89 . . . . In a memorandum dated September 19, 1989, Roger Hardgrave, Director of Public works/City Engineer, stated that the proposed vacations were instituted by Councilwoman Pope-Ludlam in April, 1989. There are a great many encroachments in the alleys making it impossible for refuse d~partment to thoroughly clean the area, which in turn leads to a buildup of trash and the resultant vermin. Both alleys should be considered "paper alleys", as they exist only on street maps and are unusable by the public. Mr. Hardgrave listed the findings of fact in his staff report and recommended the proposed vacation. Mayor Holcomb opened the hearing. RES. 89-424 A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF TWO EAST/WEST ALLEYS BETWEEN MASSACHUSETTS AVENUE AND GARNER AVENUE AND BETWEEN 15TH STREET AND 16TH STREET, SAN BERNARDINO, AND RESERVING PUBLIC UTILITY EASEMENTS AND A SANITARY SEWER EASEMENT THEREIN. (52) Council Member Minor made a motion, seconded by Council Member Estrada 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 those two east/west alleys lying between Massachusetts Avenue and Garner Avenue and between 15th Street and 16th Street are no longer necessary for street purposes be adopted; that further reading of the resolution be waived and said resolution be adopted. Resolution No. 89-424 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 11:35 a.m., Council Member Pope-Ludlam left the Council meeting. PROTEST HEARING - VACATION OF PARKWAYS ALONG MEYERS ROAD AND MEYERS COURT - NORTH OF LITTLE LEAGUE DRIVE WITHIN TRACT NO. 11118. This is the time and place set for a protest hearing regarding the vacation of parkways along Meyers Road and Meyers Court, north of Little League Drive, within Tract No. 11118. (53) In a memorandum dated September 19, 1989, City Engineer Hardgrave stated that the proposed vacations were initiated on May 15, 1989, when authorization to proceed was granted by the Mayor and Council. The proposed vacation is relative to the many encroachments by the property owners along said streets. On June 19, 1989, Plan No. 7809 was approved. Mr. Hardgrave listed the findings of fact recommending the proposed vacation in his staff report. 22 10/16/89 I- i f . Mayor Holcomb opened the hearing. RES. 89-425- A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF THE PARKWAYS ALONG MEYERS ROAD AND MEYERS COURT, NORTH OF LITTLE LEAGUE DRIVE, WITHIN TRACT NO. 11118, SAN BERNARDINO, AND RESERVING PUBLIC UTILITY AND OTHER EASEMENTS THEREIN. (53) 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 those parkways along Meyers Road and Meyers Court north of Little League Drive, within Tract No. 11118, are no longer necessary for street purposes, be adopted, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 89-425 was adopted by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Miller. Noes: Reilly. Absent: Pope-Ludlam. . PUBLIC HEARING - PROPOSED VERDEMONT AREA PUBLIC WORKS INFRASTRUCTURE FINANCING PLAN This the time and place set for a public hearing regarding the proposed Verdemont area public works infrastructure financing plan. (54) In a memorandum dated September 21, 1989, Roger Hardgrave, City Engineer, stated that concern had been expressed regarding the absence of a complete system of public works infrastructure improvements in the Verdemont area. As a result of that concern, a verdemont area public works financing plan has been developed to raise the revenue to finance the installation of public works improvements on the existing streets. Improvements to be installed are depicted on the map included in the financing plan. RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE VERDEMONT AREA PUBLIC WORKS INFRASTRUCTURE FINANCING PLAN. (54) ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 15.73 TO THE SAN BERNARDINO MUNICIPAL CODE TO REQUIRE THE PURCHASE OF DEVELOPMENT RIGHTS AS A CONDITION FOR ISSUANCE OF A BUILDING PERMIT I THE VERDEMONT AREA. (54) Mayor Holcomb opened the hearing. . Nelson Miller, Vice President of Sierra Engineering, 27007 Fifth Street, Highland, stated that it was his understanding that the public hearing for the Verdemont area financing plan was to be continued the meeting of October 18, 1989. 23 10/16/89 . Mayor Holcomb stated that the public hearing was to be continued after the Council heard the new proposal for the verdemont area. It was agreed by the Council to discuss this item later in the meeting. (See page 25) CLOSURE OF COMMUNITY SERVICE OFFICE AREA "A" - 645 N. MT. VERNON AVENUE - CONTINUED FROM OCTOBER 2, 1989 This is the time and place continued to for discussion regarding the closure of Community Service Office Area "A" located at 645 N. Mt. Vernon Avenue. (55) In a memorandum dated July 11, 1989, Donald Burnett, former Chief of Police, requested the closure of the Community Service Office Area "A" located at 645 N. Mt. Vernon Avenue. He stated that 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 cuts. . Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the closure of Community Service Office Area "A" be continued to the Monday, November 20, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino. RES. 89-426 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SUNSET GROUP FOR THE PROMOTION OF ARTS AND CULTURE. (Continued from October 2, 1989). (56) In a memorandum dated August 22, 1989, Thelma Press, Cultural and International Affairs, stated that the Fine Arts Commission recommended thE! approval of a grant to the Sunset Group to install a life size bronze sculpture called "Raindancer". The sculpture is to be placed in The Plaza Area situated at the northwest corner of Hunts Lane and Hospitality Lane in Sunwest Professional Park. Merv Simchowitz, President of the Sunset Group, answered questions regarding the ownership of the Raindancer statue and the responsibilities of the City toward the statue. A discussion ensued regarding the wording in the agreement. . Mr. Simchowitz answered questions and indicated that the City is not part owner, but is contributing funds toward the installation of the statue. He stated that the Sunset Group has entered into a joint venture relationship and partnership with the City. The Sunset Group has an obligation to keep the statue visible to the public at the designated place. He further 24 10/16/89 . . . r stated that in the event the partnership dissolves or the Sunset Group attempts to move the statue to another location, the City then has the right to control the statue or obtain the funds back from the Sunset Group for the installation of the statue. Thelma Press, Cultural and International Affairs, explained the City's obligations for the statue. Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 89-426 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AGREEMENT WITH SAN BERNARDINO BASEBALL CLUB, INC., REGARDING LEASE OF FISCALINI FIELD. (Continued from October 2, 1989). (57) Council Member Maudsley made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be continued to the Monday, November 20, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino. COUNCIL MEMBER POPE-LUDLAM RETURNED At 11:50 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. PUBLIC HEARING - PROPOSED VERDEMONT AREA PUBLIC WORKS INFRASTRUCTURE FINANCING PLAN - DISCUSSED EARLIER IN MEETING (See page 23) This the time and place continued to for a public hearing regarding the proposed Verdemont area public works infrastructure financing plan. (54) David Mylnarski, 501 North Placencia, Fullerton, California 92631, spoke regarding the Ci ty , s new proposed plan for the Verdemont area. He stated that the plan allows development to proceed and for developers to work with the City in providing the necessary infrastructure. He suggested a community facilities district plan be developed, which could address the infrastructure and the additional amenities that are needed. He stated that he is looking for a continued opportunity to work with the City in considering the total buildout of the Verdemont area. A discussion ensued regarding the affects of AB1600 in the Verdemont area. 25 10/16/89 . Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the public hearing for the proposed Verdemont infrastructure financing plan be continued to the meeting of the Monday, November 6, 1989, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino. RECESS MEETING At 12:00 p.m., Mayor Holcomb recessed the meeting of the Mayor and Common Council of the City of San Bernardino to the Management Information Center (MIC) room for a luncheon workshop to discuss agenda policy and procedures for council and committee meetings. RECONVENE MEETING - LUNCHEON WORKSHOP At 12:25 p.m., Mayor Holcomb called the luncheon workshop to order in the Management Information Center (MIC) room, 6th floor, City Hall, 300 North "0" Street, San Bernardino. (S-1) ROLL CALL Roll call was taken with the following being present: Holcomb; Council Members Estrada, Flores, Maudsley, Minor, Ludlam, Miller, City Attorney Penman, City Clerk Clark, Administrator Julian. Absent: Council Member Reilly. Mayor pope- City . Council Member Estrada explained why she requested this workshop; she wanted clarification of the council/committee process. The Council discussed the referral of items to committee and the benefits of having in-depth discussion at committee hearings. Many items can be clarified or resolved before they reach the Council floor. Mayor Holcomb gave the history and explained the purpose of the committees which started in 1972. Council members expressed concern regarding the length of the consent calendar on today's Council agenda. City Attorney Penman answered questions regarding Section 2.7.16 of the San Bernardino Municipal Code, which sets forth the powers of the council/committees. The Mayor and Common Council discussed ways in which the counCil/committee process could be amended and clarified, but it was the general consensus of the Council to make no changes in terms of the way items are placed on the Council agenda and/or referred to committee. . RECESS MEETING - LUNCHEON WORKSHOP At 1:35 p.m., Council Member Miller made a motion, seconded by Council Member Minor and unanimously carried, to recess the luncheon meeting until 2:00 p.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. 26 10/16/89 . RECONVENE MEETING At 2:00 p.m., Mayor Holcomb 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. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Miller; City Clerk Clark, City Administrator Julian. Absent: Council Members Estrada, pope-Ludlam; City Attorney Penman. APPEAL - PLANNING COMMISSION'S DENIAL OF VARIANCE NO 89-3 - CONSTRUCTION OF PARKING LOT WITHOUT PAVING - CONTINUED FROM AUGUST 21, 1989 This is the time and place continued to for an appeal hearing concerning the Planning Commission's denial of Variance 89-3 filed by Econo Lodge for the construction of a parking lot without paving, located at the northwest corner of Fairway Drive and Camino Real. (58) . Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the appeal hearing on the Planning Commission's denial of Variance No. 89-3 be continued to 2:00 p.m., Monday, November 20, 1989, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. COUNCIL MEMBER ESTRADA ARRIVED At 2:06 p.m., Council Member Estrada arrived at the Council meeting and took her place at the council table. APPEAL - PLANNING COMMISSION'S APPROVAL OF TENTATIVE TRACT NO. 14209 - REQUEST TO SUBDIVIDE 15.65 ACRES INTO 41 SINGLE FAMILY HOME LOTS This is the time and 'place set for hearing an appeal filed by Vicki Flanders on the Planning Commission's approval of Tentative Tract No. 14209 to subdivide 15.65 acres into 41 single family home lots, located at the southwest corner of Palm and Washington Avenues. The applicant for Tentative Tract No. 14209 is Palm Partners. (59) In a memorandum dated October 3, 1989, Planning Director Kilger stated that the appellant, Vicki Flanders is appealing the approval of Tentative Tract No. 14209 by the Planning Commission. The appellant requested that the Mayor and Common Council reconsider this approval and deny Tentative Tract No. 14209. . Mr. Kilger explained in his memorandum that the appellant is basing the appeal on the need for a new elementary school in the Verdemont area; the storm drain problems; and the traffic congestion on Palm and Washington Avenues. 27 10/16/89 . Bud Roberts, Sierra Engineering, 27007 Fifth Street, Highland, developer for tentative tract No. 14209 in the verdemont area, spoke in opposition to the appeal filed by Vicki Flanders. He stated that all the issues in the appellant's request have been addressed. He stated that the development of this project improves every condition the appellant is concerned with and is an added improvement for the area. The appellant was unable to attend the Council meeting, so it was recommended to continue the appeal hearing to the Council meeting of November 6, 1989. Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the appeal hearing for Tentative Tract No. 14209 be continued to Monday, November 6, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COMMENDATION FOR PLANNING DIRECTOR BRAD KILGER It was pointed out that Brad Ki1ger, Planning Director, is resigning his position with the City of San Bernardino and has accepted employment with another city. This is the last Council meeting he will attend. . The Council commended Mr. Kilger for the wonderful job he did on the general plan and for the City of San Bernardino. The Council members expressed their regret in his leaving, but wished him well in his new endeavor. CITY ATTORNEY PENMAN ARRIVED At 2: 10 p.m., City Attorney Penman arrived at the Council meeting. RES. 89-427 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A FIVE-YEAR PROJECT LIST AND TWENTY-YEAR TRANSPORTATION PLAN TO BE FINANCED PURSUANT TO MEASURE "I" TO LEVY A ONE-HALF CENT SALES TAX WITHIN SAN BERNARDINO COUNTY FOR FUNDING TRANSPORTATION PROJECTS. (S-2) Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 89-427 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. COUNCIL MEMBER POPE-LUDLAM RETURNED At 2:20 p.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. . 28 10/16/89 . . . RES. 89-428 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A LOAN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE VETERANS ALCOHOL REHABILITATION PROJECT (VARP). (S-3) Ken Henderson, questions regarding Bacon Act. Director, Community Development, answered the wording of the agreement and the Davis City Attorney Penman answered questions regarding the agreement. Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 89-428 was adopted by the following Ayes: Council Members Estrada, Reilly, Flores, Minor, Ludlam, Miller. Noes: Council Member Maudsley. Absent: vote: Pope- None. RECESS MEETING - CLOSED SESSION At 2:32 p.m., Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the meeting recess to closed session pursuant to the following: Government Code Section 54956.9(b)(1), to confer with the attorney regarding pending litigation, as there is significant exposure to litigation; (1) Government Code Section 54956.9(c), to confer with the attorney regarding pending litigation, so that Council may decide whether to initiate litigation; (2) Government Code Section 54957, matters; to consider personnel ( 3) Government Code Section 54956.9(a), to confer with the attorney regarding pending litigation which has been initiated formally and to which the City is a party, as follows: (4) City 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 vs. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239193; 29 10/16/89 . . . Stubblefield Construction Companv. et al vs. Citv of San Bernardino. et al San Bernardino Superior Court Case No. 232998; Juan Manuel Sanchez vs. Ci tv of San Bernardino - United States District Court Case No. CV87-2291 AWT (Bx); Charles H. Brown vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 243087; Sock Dawson. et al vs. Ci ty 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. Citv of San Bernardino - San Bernardino Superior Court Case No. 242433; Revnolds vs. Citv 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; Citv of San Bernardino vs. Patel - San Bernardino Superior Court Case No. 250473; Save San Bernardino vs. Citv of San Bernardino San Bernardino Superior Court Case No. 250425; Crain vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 229990; Draao/Perry vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 244095; Haves vs. Delanev (City) - San Bernardino Superior Court Case No. 240286; Hudson vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 244466; Kaplan vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 225490; Magdaleno vs. Citv of San Bernardino Superior Court Case No. 248739; San Bernardino pavne vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 240290; 30 10/16/89 . Ticich vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 243924; Valenzuela vs. Citv of San Bernardino Superior Court Case No. 242137; San Bernardino Taaaart vs. City of San Bernardino - San Bernardino Superior Court Case No. 230330. CLOSED SESSION At 2:32 p.m., the closed session Mayor Pro Tempore Pope-Ludlam in the Council Chambers of City Hall, 300 Bernardino, California. was called conference North "D" to order by room of the Street, San ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tempore Pope-Ludlam; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman. Absent: Mayor Holcomb; City Clerk Clark, City Administrator Julian. Also present: Deputy City Attorney Empeno. . CITY CLERK CLARK ARRIVED AT THE CLOSED SESSION At 2:40 p.m., City Clerk Clark arrived at the closed session. ADJOURN CLOSED SESSION At 3:20 p.m., the closed session was adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 3:20 p.m., Mayor Pro Tempore Pope-Ludlam 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 "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Pro Tempore Pope-Ludlam; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark. Absent: Mayor Holcomb, City Administrator Julian. . 31 10/16/89 . . . r ADJOURNMENT - CONTINUATION OF CLOSED SESSION At 3:40 p.m., Council Member Miller made a motion, seconded by Council Member Minor and unanimously carried, that the meeting adjourn to Wednesday, October 18, 1989, at 5:00 p.m., in the Redevelopment Agency Board Room, Fourth Floor, City Hall, 300 North "D" Street, San Bernardino, California, and that item 4 calling a closed session pursuant to Government Code Section 54956.9(a) be continued to said time and place. SHAUNA CLARK City Clerk By clrmrAahev Deputy Cit Clerk No. of Items: 71 No. of Hours: 6.5 32 10/16/89