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HomeMy WebLinkAbout02-20-1989 Minutes . City of San Bernardino, California February 20, 1989 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox at 9:13 a.m., on Monday, February 20, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. MOMENT OF SILENCE - IN MEMORY OF ART TOWNSEND The Council Meeting was opened with a moment of silence and in memory of Art Townsend, Publ i sher of The Precinct Reporter. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Minor. . ROLL CALL Roll Call was taken by Ci ty Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Clark, Acting City Admin- istrator Robbins. Absent: CouncilMember Pope-Ludlam. PUBLIC COMMENTS - THE SWORD A citizen identifying himself True Lord and Scripture, spoke Scriptures. as the "Anti-Christ" concerning the Holy (A) COUNCIL At 9:15 the Council Table. MEMBER POPE-LUDLAM ARRIVED a.m., Council Member Pope-Ludlam arrived at Meeting and took her place at the Council PUBLIC COMMENTS - OFFICER MIKE GILE Mike Gile of the San Bernardino Police Department, extended an invitation to the Mayor and Council to attend the 4th Annual "Almost A Classic Football Game" on March 11, 1989 at 7:30 p.m. at the Cajon High School. (A) He stated that this event was started in 1985 as a fundraiser for athletic programs for local high schools that had suffered funding cut-backs and programs such as the "Make a Wish Foundation", Last year's game netted $52,000.00, which was split between the San Bernardino Police Department Team and the San Bernardino County Sheriffs' Department Team. . 1 2/20/89 . PUBLIC COMMENTS - ART SAENZ Art Saenz, 1818 W. 7th Street, San Bernardino, Calif- ornia, requested a list of names and addresses of those present at the Council meeting in opposition to the pro- posed resolutions regarding assault weapons. (A) PUBLIC COMMENTS - SUSAN L. SMITH HARTMANN ROGERS Susan L. Smith Hartmann Rogers, a social worker for the homeless, requested that there continue to be an Invocation at the Council meetings and announced that she intends to sue the San Bernardino Police Department. (A) PRESENTATION - SERVICE PINS Mayor wilcox presented several employees with service pins for their years of service with the City. (B) PROCLAMATION - NCO ASSOCIATION VETERAN JOB FAIR DAY FEBRUARY 21, 1989 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino designating February 21, 1989, as NCO Association Veteran Job Fair Day. (B) . Paul Lomann, Director of Veterans Employment for the NCO Association for the United States of America, was present to accept the proclamation and stated that the association has been serving veterans for 15 years. PROCLAMATION - WOMEN HISTORY MONTH - MARCH 1989 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bern- ardino designating the month of March 1989, as Women's History Month. (B) Evlyn Alexander, Administrative Operations Supervisor II of Feldheym Central Library, was present to accept the proclamation and stated that there will be a luncheon held on March 8, 1989, at the Maruko Hotel. (B) THE CITY'S POSITION CONCERNING ASSAULT WEAPONS In a memorandum dated February 14, 1989, Mayor wilcox presented the following resolution supporting Senate Bill 292 (Roberti) and Assembly Bill 357 (Roos), which provide controlling regulations on assault weapons: RESOLUTION IN SUPPORT OF SB 292 (ROBERTI) AND AB 357 (ROOS) REGARDING ASSAULT WEAPONS. (32a) . 2 2/20/89 . In a memorandum dated February 17, 1989, City Attorney Penman provided an opinIon concerning the City having no legislative authority to prohibit the possession and sale of assault weapons within City-limits. City Attorney Penman concluded that although no court decision or state law has directly answered this specific question, it is very likely that the City does not have legislative authority to prohibit the possession and sale of assault weapons within City-limits because State laws have preempted the field. As a result of this opinion, City Attorney Penman drafted the following resolution in opposition: RESOLUTION IN OPPOSITION TO SB 292 (ROBERTI) AND AB 357 (ROOS) REGARDING ASSAULT WEAPONS. (32b) City Clerk Clark read the titles of the resolutions. Donald Burnett, Chief of POlice, spoke in support of the proposed Roberti and Roos Bills which would prohibit the possession and sale of assault weapons, and displayed a AK-47 rifle. . Discussion ensued in support of the opinion of Chief Burnett, and in favor of gun control. Mayor wilcox stated that there guns on ci ty streets and requested the adoption of the Roberti and Roos is no place for these that Council support Bills. City Attorney Penman answered questions the Roberti and Roos Bills would affect collectors and individuals who collect general. regarding antique firearms how gun in He explained that the main difficulty with the Roberti and Roos bills is that they ban more than assault weapons. These bills would establish an Assault Firearms Committee that would have the authority to ban a weapon it determines is not necessary for sports or recreational activities. City Attorney Penman explained the criteria for banning assault weapons. He stated that making the firearms inoperable would decrease their value for collectors, and answered questions regarding a possible provision being made for the reimbursement to gun collectors. . 3 2/20/89 . He explained that there is a grandfather clause that would allow collectors to continue to own semi-automatic assault weapons. A discussion ensued regarding the wording of the resolution in opposition to the Roberti and Roos bills. City Attorney Penman explained that Resolution 32(a) in support of the Roberti and Roos Bills is so vague, it's difficult to know how the bills would be enforced. City Attorney Penman answered questions regarding whether the ability of the proposed Roberti and Roos Bills could be challenged and amended if the citizens' right to bear arms is taken away. A discussion ensued regarding the restrictions placed on various types of weapons and the possibility of banning assault weapons. The following individuals spoke in opposition to SB 292 (Roberti) and AB 357 (Roos): Tom Miner, 885 Baseline, San Bernardino, Ca. . Cherie Radley of Crestline, Ca. Dorothy M. Shelton, 2908 parkside Pl, San Bernardino, Ca. Victor A. Soto, 187 W. 11th St. San Bernardino, Ca. Minister Robert A. Boody, P.O. Box 1604, Lorna Linda, Ca. Lee Wilson, 6810 Del Rosa Dr. San Bernardino, Ca. Jeff Bell, 2995 Chestnut, Rialto, Ca. Ed Vallen, 16870 Fairfax, Fontana, Ca. Rosalie Morvai, 2751 Reche Cyn. Road #55, Colton, Ca. Teresa Alcorn, 6238 Indigo Ave., San Bernardino, Ca. Art Signs, 1138 W. 8th Street, San Bernardino, Ca. Ed Verdugo, 12783 Holmes Street, San Bernardino, Ca. Steven Kohnke,18 Ehome Place, Apt. 18, Redlands, Ca. . 4 2/20/89 r . R. D. Hayes, 24060 Postal, Moreno Valley, Ca. Edward V. Saldana, 7132 Bennington, pico Rivera, Ca. Mayor Wilcox thanked all the comments and stated that she would assistance in seeking a solution to speakers for their accept any offers for this matter. A discussion ensued regarding the constitutionality of the Roberti and Roos Bills. Council Member Flores made a motion, seconded by Council Member Miller, and unanimously carried, that further reading of the resolutions be waived. The Mayor and Common Council discussed having a regulation that the Police Department could use as an additional tool when arresting criminals that use or are in possession of assault weapons. . Council Member Miller made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the resolution attached to the memorandum dated February 14, 1989, from Mayor Wilcox, Agenda Item 32(a), be amended as follows: Lines 18 and 19 be deleted and Section 1 be changed to read as follows: 1. That the Mayor and Common Council of the City of San Bernardino support and encourage our State Senators and Assemblymen to introduce and support legislation to strictly regulate the ownership and use of assault weapons and provide for additional and lengthy prison terms for those persons using firearms in the commission of a crime, and in support of the registration of semi-automatic weapons. A discussion ensued regarding proposed resolution in support of Bills. the wording of the Roberti and the Roos Council Member Minor made a substitute motion, seconded by Council Member Maudsley and unanimously carried, that the Mayor be directed to inform the Legislature that the City of San Bernardino and the Mayor and Common Council oppose SB 292 (Roberti) and AB 357 (Roos) as presently written. . A discussion ensued regarding whether or not to hold a workshop for the purpose of preparing a more meaningful resolution concerning assault weapons. 5 2/20/89 . It was recommended that area Senate and Assembly representatives be contacted to attend a meeting with the City to assist with the development of a more appropriate resolution. The Mayor and Common Council discussed having a workshop to review the proposed resolutions. Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the subject of a resolution signifying the City's position concerning assault weapons, be continued to the Adjourned Regular Meeting of the Mayor and Common Council to be held March 13, 1989, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. City Attorney Penman stated that Bernardino is the first city of its size 292 (Roberti) and AB 357 (Roos) Bills. the Ci ty of San to oppose the SB . RECESS - MEETING At 11:27 a.m., Mayor recess to clear the Council Wilcox called Chambers. a five-minute RECONVENE MEETING At 11:45 a.m.. Mayor wi lcox in the North "0" Street, San the meeting was called to order Council Chambers of City Hall, Bernardino, California. by 300 ROLL CALL Roll Call was taken following being present: Estrada, Reilly, Flores, Miller; Senior Assistant Clerk Clark, Steve Dukett, Absent: None. by Ci ty Clerk Clark with the Mayor Wilcox; Council Members Maudsley, Minor, Pope-Ludlam, City Attorney Barlow, City Executive Director of RDA. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - REGULAR MEETING The Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order by Chairman Wilcox in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. . ASSEMBLY BILL 160 (MOUNTJOY) - REDEVELOPMENT USE OF EMINENT DOMAIN In a memorandum dated February 14, 1989, Steve Dukett, Executi ve 0 i rector of the Redevelopment Agency, recommended that the City/Commission formally oppose 6 2/20/89 . AB-160. He explained that if this legislation is passed, it will prohibit a redevelopment agency from acquiring any real property without the consent of the owner for any purpose other than publicly-owned public facilities or improvements, unless the property constitutes a public nuisance or is maintained in violation of zoning ordinances, building or housing codes, or other health and safety laws, (R-6) Steve Dukett, Executive Director of the Redevelopment Agency, answered questions stating that this assembly bill has been in existence for quite some time. He stated that the Assembly Development Committee will hold sometime between February 15, 1989, Housing and Community their first hearing and March 1, 1989. Council Member Flores made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the Mayor and Common Council of the City of San Bernardino formally oppose Assembly Bill 160 (Mountjoy); and that the Mayor be authorized to take the necessary steps to communicate this opposition to the appropriate State officials. . RECESS MEETING - LUNCHEON WORKSHOP FOR DISCUSSION OF MID-YEAR BUDGET REVIEW At 12: 30 p.m., Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the meeting be recessed to a luncheon workshop in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "0" Street, San Bernardino, California. LUNCHEON WORKSHOP - MID-YEAR BUDGET REVIEW At 12: 55 p.m., the workshop to discuss the Mid-Year Budget Review was called to order by Mayor wilcox in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. (43 ) ROLL CALL Roll Call was taken by Ci ty Clerk Clark wi th the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, City Clerk Clark, Acting City Administrator Robbins. Absent: None. . 7 2/20/89 . Acting City 1988-89 Mid-Year departments are budget. Administrator Robbins introduced the Budget Analysis, stating that several running approximately 50% over their Andy Green, Director of Finance, explained that the 50% salary shortfall was due to the non-allocation of approximately $1.8 million in salary adjustments and the shortfall in revenue collection by the Building and Safety Department. A discussion ensued regarding the effects of the moratorium on the General Fund. Andy Green answered questions, stating that even though the moratorium has been lifted, there has been a lag in the collection of revenues for development fees. However, the Building and Safety Department is anticipating a 20% increase in revenues for the 1989/90 Fiscal Year. . James Richardson, Deputy City Administrator/Develop- ment, stated that the permit evaluation process in the Building and Safety Department is down approximately 20%, but that the plan checking activity was up 100% in the month of January. Construction in the Verdemont Area will be off by approximately 40% for Fiscal Year 88-89. Andy percentage Fund. Green answered questions of development fees allocated regarding the to the Gener al A discussion ensued regarding whether the city is collecting enough planning fees to cover staff costs. Jim Richardson stated that plan check fees carry much of activities. the bui Id ing permi t and the development service He further stated that usually allocated in the commented on the backlog of County Assessor's Office. the code enforcement fees General Fund Account. uncollected amounts from are He the A discussion ensued regarding the process of collection of assessment fees from the County and the collection of City abatement costs. . Acting City Administrator Robbins answered questions regarding whether refuse funds were allocated to the General Fund Account or to the Refuse Account. 8 2/20/89 . A discussion ensued regarding the problem of refuse bills being sent to the residence address instead of being sent to the property owner. Andy outstanding address and bills. Green answered questions regarding the refuse bills, stating that both the residence mai 1 ing address now appear on the refuse A discussion ensued regarding a method of alerting property owners of any outstanding refuse bills. Craig Graves, some old accounts District that have Ci ty Treasurer, sta ted tha t there are under the Southern Cal i fornia Wa ter separate bills for water and refuse. Andy Green stated that the audit performed by Municipal Resource Consultants (MRC) uncovered approximately $110,000 in City sales tax revenues which were allocated incorrectly by the State. A discussion ensued regarding an audit of the utility tax bills. . Andy Green stated that the monies the audit performed by MRC were not budget. Also not included in the budget Bed Tax from the Maruko Hotel. uncovered through included in the were receipts for Acting City Administrator Robbins answered questions regarding the RDA agreement with the Maruko Hotel. He explained that the monies identified in sales tax and the additional money received in bed tax would offset the amount of money not collected in permit fees. Senior Assistant City questions regarding the City's of fine monies due the City Bernardino. Attorney Barlow answered position in the collection from the County of San Finance Director Andy Green answered questions re- garding some of the titles used in the budget. He answered further questions regarding the heal th insurance plans and the savings in administrative costs. . 9 2/20/89 . Jim overview mid-year Robbins, Acting City Administrator, presented of the following items to be considered and for the 1989/90 budget process: an at 1. Proposed Norton AFB Phase Down 2. Data Processing 3. Vehicle Replacement Program 4. Potential County Dump Fee Increases 5. Sales Tax Audit 6. Health Plan 7. Wage and Benefit Increases 8. Liability Insurance 9. Operating Contingency 10. General Plan 11. Visitor & Convention Bureau 12. Fixed Assets 13. Development Fees CITY CLERK CLARK EXCUSED At 1:30 p.m., City Clerk Clark Meeting workshop and was replaced by Copeland. left the Council Deputy City Clerk . Counc i 1 Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the report of the 1988-89 Mid-Year Budget Analysis, be re- ceived and filed. ADJOURN MEETING At 1: 35 p.m., Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the luncheon workshop adjourn to the Regular Meeting of the Mayor and Common Council of the City of San Bernar- dino in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California, at 2:00 p.m. RECONVENE MEETING At 2:10 p.m., Mayor Pro Tempore Minor called the Regular Meeting of the Mayor and Common Council of the City of San Bernardino to order in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, Calif- ornia. 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, Acting City Administrator Robbins. Absent: Mayor Wilcox. . 10 2/20/89 I . APPEAL HEARING - PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT NO. 88-52 - ALBERT R. MAMLOUK - 771 NORTH "0" STREET - CONTINUED FROM FEBRUARY 6, 1989 This is the time and place continued to for an appeal hearing concerning the Planning Commission's approval of Conditional Use Permit No. 88-52 with conditions for off-site sale of beer and wine at 771 North "0" Street. (45 ) City Attorney Penman explained that a conditional use permit cannot be revoked and stated that it is easier to put restrictions on a CUP when it is approved. Then, if they fail to comply, something can be done about it at that time. MAYOR WILCOX ARRIVED Mayor Wilcox arrived at the Council Meeting and took her place at the Council Table. Council discussed whether an applicant can come back in six months to amend conditions imposed by the conditional use permit, and whether or not another public hearing would be needed. . John Lightburn, P.O. Box 1622, representing Albert Mamlouk, suggested limi ting Mr. Mamlouk' s gross sale of percentage that he be limited to an amount According to Mr. Lightburn, this would finite limitation. San Bernard ino, that instead of alcohol by a of shelf space. prov ide a more Council suggested that Condition Number Four be changed to reflect the ABC's standard requirement that quarterly gross sales of all alcoholic beverages shall not exceed 40% of the quarterly gross sales of all food products. John "Rumours", to noise. Lightburn made reference to a business known as which had its CUP revoked at a later date due He presented two letters in support of the market from the following: Frank W. Lovelace, M. D., Hyland Plasma Center, located at 450 West Eighth Avenue; and Dr. Norman D. Smith, Director of Planning/Research, San Bernardino Community College District, located at 441 West Eighth Street. . 11 2/20/89 . Susan L. Smith Hartmann Rogers, a citizen, stated that the Alcoholics Anonymous Association once occupied the building where the 7-10 Market is located. She stated that the market is handled in a professional manner and that she supports a market of this type in the area. City Attorney Penman stated that once a conditional use permit is granted, it is very difficult to make amendments; however, there is no problem with revoking a cond i ti onal use permi t if the appl ican t does not comply with the conditions. John Lightburn answered quest ions, stat i ng tha t Mr. Mamlouk had received notification from the Clerk's Office that this item was to be continued. City Clerk Clark answered questions regarding the notification of neighbors and interested parties when an item on the agenda is continued. John economic matter is Lightburn feasibility continued. answered of the questions regarding proposed project if the this . City Clerk Clark explained how this item appeared on the agenda for this meeting. She answered questions re- garding whether the hearing had been closed at the previous Council meeting on February 6, 1989. City Attorney Penman stated that a motion to reconsider would cancel a motion to continue an item. He advised the Council of two options: 1) that the prior action of the Mayor and Common Council at their meeting of February 6, 1989, stand, leaving the decision of the Planning Commission intact , or 2) move to reconsider and set a date for a new public hearing and re-advertise. Susan L. Smi th Hartmann Rogers that those individuals who signed the of the 7-10 Market, be notified of the spoke, requesting petition in support public hearing. Council Member Estrada made a motion, seconded by Council Member Reilly, that this matter be reconsidered. The Council Mi ller. motion carried by the following Members Estrada, Reilly, Flores, Noes: Council Members Maudsley and vote: Ayes: Pope-Ludlam, Minor. . 12 2/20/89 . Council Member Estrada made a motion, Council Member Reilly, that a public hearing March 13, 1989, at 2:00 p.m., in the Council City Hall, 300 North "0" Street, San California. seconded by be set for Chambers of Bernardino, The Counc il Mi ller. motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Pope-Ludlam, Noes: Council Members Maudsley, Minor. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. STATE PROJECT - DEVIL CANYON POWER PLANT- SECOND AFTERBAY - VERDEMONT AREA In a memorandum dated February 9, 1989, James Richardson, Deputy City Administrator/Development Services, stated that a public information meeting was held on February 1, 1989, with the State Department of Water Resources at the Little League Headquarters in Verdemont concerning the construction of a second afterbay at the Devil Canyon Power Plant. (46) . He stated that at the meeting of February 1, 1989, the State officials were unable to address the fears of the property owners with regard to safety and the issue of decreasing property values. With his memorandum, Mr. Richardson provided a copy of his letter dated January 4, 1989, to Mr. Viju Patel of the Department of Water Resources, summarizing items discussed at a meeting held November 29, 1988, between the Department of Water Resources and the City. On behalf of Mr. Bob Morris, who had been contacted by several property owners in the area, Jim Richardson requested a continuance of this item to March 13, 1989, at 2:00 p.m., for more information. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that this item be continued to March 13, 1989, at 2:00 p.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. GENERAL PLAN TASK FORCE - APPROVAL OF CONSULTANT SELECTION SCHEDULE - DEVELOPMENT CODE WORK PROGRAM In a memorandum dated February 7, 1989, Brad L. Kilger, Director of Planning, explained the need for consul tant serv ices and a steer ing commi ttee for the . 13 2/20/89 . completion of the Development Code Work Program. The General Plan Task Force has reviewed the work program and the Consultant Selection Schedule. (47) John Montgomery, Principal Planner, explained how Planning will complete the Development Code, stating that he would like to finalize the Consultant Selection Schedule by March 213, 1989. Principal Planner Montgomery answered questions re- garding the completion date for the Development Code. Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that the General Plan Task Force be designated as the supervising committee for the Development Code, and that the proposed Consultant Selection Schedule (Attachment A), be approved. COUNCIL MEMBER POPE-LUDLAM RETURNED Counc i 1 Member Pope-Ludlam returned Meeting and took her place at the Council to the Table. Council . APPROVE MINUTES - JANUARY 3, 1989 CONTINUED FROM FEBRUARY 6, 1989 Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on January 3, 1989, be adopted as amended for clarification on Item 27, Page 25, to read as follows: (1) Discussion ensued regarding Agenda Item 21, General Plan and the General Plan element related to Norton Air Force Base. APPROVE MINUTES - DECEMBER 16, 1988 - JANUARY 12, 1989 - JANUARY 17, 1989 Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the minutes of the Mayor and Common Council of the City of San Bernardino held on December 16, 1988, January 12, 1989, and January 17, 1989, be approved as submitted in type- written form. (2) WAYS AND MEANS COMMITTEE MEETING REPORT - FEBRUARY 13, 1989 - COUNCIL MEMBER ESTRADA The following items were included on the agenda of the Ways and Means Committee meeting held on February 13, 1989: (3) . 14 2/213/89 . 1. Request to Reduce Purchase Price of Kellogg Library - Elijah Singletary. 2. Street Sweeping Survey. 3. Report from Finance Director Relative to Cultural Fees. 4. Mid-Year Budget Review. Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the report from the Ways and Means Commi ttee meeting held on February 13, 1989, be received and filed. . SETTING OF MEETING DATE - FIRST COUNCIL MEETING IN MARCH 1989 In a memorandum dated February 8, Robbins, Acting City Administrator, traditionally, the Mayor and Council do not Meeting the day prior to an election. Municipal Election is Tuesday, March 7, suggested that the first meeting in March be March 13, 1989. 1989, James stated that hold a Council The Primary 1989. He scheduled for (4) Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the first meeting of the Mayor and Council during the month of March, be held on March 13, 1989, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. LYTLE CREEK PARK - REH~BILITATION OF PARKING LOT - FINDING OF NEED FOR HEALTH AND SAFETY REASONS In a memorandum dated January 27, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that the parking lots for Lytle Creek Park are in an advanced state of deterioration and guard rails are needed to preclude vehicles from entering the park area, and causing damage to the turf. (5) Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that a finding be made that the rehabilitation of the parking lot for the Lytle Creek Park, in accordance with Plan No. 7694, is needed for health and safety reasons. . 15 2/20/89 . 4TH AND 7TH WARD PARK EXTENSION FUNDS - SCOREBOARD -DEL VALLEJO BALLFIELD APPROVAL OF EXPENDITURE In a memorandum dated February 2, 1989, Annie Ramos, Director of Parks, Recreation & Community Services, stated that the scoreboard at Del Vallejo ballfield is in poor working order and beyond repair. She suggested that the Fourth and Seventh Ward Park Extension Funds each fund $1250.00 to purchase a new scoreboard. (6) Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the expenditure of $1,250 each from the Fourth and Seventh Ward Park extension Funds for the purchase and installation of a scoreboard at Del Vallejo Ballfield, be approved. SET PUBLIC HEARING - APPROVE CHARGE FOR ADDITIONAL REFUSE CONTAINERS In a memorandum dated January 26, 1989, Manuel P. Moreno, Jr., Director of Public Services, requested that a public hearing be set to approve a $7.00 per month charge for each additional automated 90 gallon refuse container, (7 ) . Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that a public hearing be set for March 20, 1989, at 10: 00 a.m., to determine the charge for each additional automated refuse container. STORM DRAIN - NORTHPARK BLVD. FROM MAYFIELD AVENUE TO ELECTRIC AVENUE - APPROVAL AND ACCEPTANCE OF WORK - BRENTON LEE RHOADES In a memorandum dated February 8, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that all work under the contract with Brenton Lee Rhoades for the construction of a storm drain in Northpark Boulevard, from Mayfield Avenue to Electric Avenue, per Plan No. 7465, was satisfactorily completed as of January 18, 1989. The final actual contract price is $121,440.08. (11) Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the work performed by the contractor for construction of a storm drain in Northpark Boulevard, from Mayfield Avenue to Electric Avenue, per Plan No. 7465, be approved and accepted; and that final payment be authorized at the expiration of the lien period. . 16 2/20/89 . SEWER EASEMENT - NORTH OF 20TH STREET, FROM "0" STREET TO 266' EAST PER PLAN NO. 7461 - FOUR-WAY CONSTRUCTION, INC. In a memorandum dated February 9, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that all work under the contract with Four-Way Construction, Inc., for construction of a sewer in an easement north of 20th Street, from "0" Street to 266 I East, was satisfactorily completed as of October 19, 1988. The final actual contract price is $18,580.25. (12) Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the work performed by the contractor for construction of a sewer in an easement north of 20th Street, from "0" Street to 266' east, in accordance with Plan No. 7461, be approved and accepted; and that final payment be authorized at the expiration of the lien period. . LYTLE CREEK PARK - REHABILITATION OF PARKING LOT - APPROVAL OF PLANS - AUTHORIZATION TO ADVERTISE FOR BIDS PER PLAN NO. 7694 In a memorandum dated January 27, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for the rehabilitation of the parking lots for Lytle Creek Park have been prepared and the project is ready to be advertised for bids. The total estimated project cost is $81,000. (13) Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the plans for rehabilitation of the parking lot for Lytle Creek Park, in accordance with Plan No. 7694, be approved and accepted; that the Director of Public Works/City Engineer be authorized to advertise for bids; and that the transfer of $32,000 from Account No. 243-363-57528, "Patton Park Development" to Account No. 243-363-57532, "Lytle Creek Parking Lot", be approved. INTERCEPTING SEWERS - FROM CALIFORNIA STREET AND PORTER STREET TO CAJON BLVD AND DEVIL'S CANYON CHANNEL - APPROVAL OF PLANS - AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated February 8, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for the installation of intercepting sewers in the Muscoy area have been prepared and the project is ready to be advertised for bids. The total estimated project cost is $1,447,000. (14) . 17 2/20/89 . Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the plans for installation of intercepting sewers, from California Street and Porter Street to Cajon Boulevard and Devil's Canyon Channel, in accordance with Plan No. 7648, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. STREET VACATION - CLUSTER AVENUE AND MILL STREET AND BETWEEN ARROWHEAD AND PERSHING AVENUES - AUTHORIZATION TO PROCEED In a memorandum dated January 31, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that a request was received from the adjoining property owner, to vacate a public utility easement located between Cluster Avenue and Mill Street and between Arrowhead Avenue and Pershing Avenue. (15) . Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the proposed vacation of a public utility easement located between Cluster Avenue and Mill Street and between Arrowhead Avenue and Pershing Avenue, be approved; and that Plan No. 7703 be approved. STREET VACATION - SUNWEST COURT, NORTH OF HOSPITALITY LANE - AUTHORIZATION TO PROCEED In a memorandum dated February 3, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that Parcel Map 8089, recorded in May of 1988, created a re-alignment of Sunwest Court, north of Hospitality Lane. This re-alignment resulted in a small portion of surplus right-of-way. (16) Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the proposed vacation of a portion of Sunwest Court, north of Hospitality Lane; and that Plan No. 7523 be approved. . GRADE CROSSING IMPROVEMENTS - "F" STREET AT A.T. & S.F. RAILROAD - NEGATIVE DECLARATION - FINDING OF CONSISTENCY WITH INTERIM POLICY DOCUMENT In a memorandum dated January 25, 1989, Roger Hardgrave, Director of Public Works/City Engineer, recommended approval of the Negative Declaration and the Finding of Consistency with the Interim POlicy Document for the improvement of the grade crossing for "F" Street on A.T. & S.F. Railroad tracks. (17) 18 2/20/89 . Council Member Flores made a motion, seconded by Counc i 1 Member Mi ller and unan imous ly carr ied, tha t the Negative Declaration for Public Works Project No. 88-18, improvement of grade crossing for "F" Street on A.T. & S.F. Railroad, be adopted. Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that a finding be made that the improvement of grade crossing on "F" Street is consistent with the Interim Policy Document. (This item was discussed later in the meeting) - (See Page 23 ). AUTHORIZATION TO SUBMIT - FISCAL YEAR 1990-94 LOCAL TRANSPORTATION IMPROVEMENT PROGRAM (TIP) TO SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG) In a memorandum dated February 7, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that forms have been distributed by SANBAG for listing highway projects, for their eligibility for Federal-Aid Funds during Fiscal Year 1990/94. (18) . Council Member Flores made a motion, seconded by Counc i 1 Member Mi ller and unanimously carr ied, that the proposed Local Transportation Improvement Program (TIP), for Fiscal Year 1990 through 1994, be approved; and that the Director of Public Works/City Engineer be authorized to submit the Transportation Improvement Program (TIP) to San Bernardino Associated Governments (SANBAG) for adoption. STREET VACATION - ATLANTIC AVENUE WEST OF PALM AVENUE - CROSSTOWN FREEWAY - AUTHORIZATION TO PROCEED In a memorandum dated January 25, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that a request was received from the State of California, Department of Transportation, to vacate a portion of Atlantic Avenue, west of Palm Avenue, in conjunction with the on-going development of the Crosstown Freeway. (19) Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the proposed vacation of a portion of Atlantic Avenue, west of Palm Avenue, and that Plan No. 7692, be approved. . 19 2/20/89 I . APPROVAL OF CDBG PROGRAM MIX FOR FY 1989/90 In a memorandum dated February 7, 1989, Kenneth J. Henderson, Director of Community Development, stated that staff received notification from the U.S. Department of Housing and Urban Development (HUD) that the FY 1989/90 Community Development Block Grant (CDBG) allocation will be $1,724,000. (20) Based on this information, staff developed the following Program Mix taking into account prior Council actions and current Community Development needs: Category Proposed FY 1989/90 Public Services (includes Fair Housing) Capital Improvements Rehabilitation Loans Employment Linkage Demolition Infill Housing Appropriated Reserve Administration $ 258,600 631,600 150,000 -0- -0- -0- 339,000 344,800 . Total $1,724,000 Council Member Flores made a motion, seconded Council Member Miller and unanimously carried, that the 1989/1990 Community Development Block Grant Program Mix approved and adopted; and tha t staff be author i zed solicit proposals for same. by FY be to VERDEMONT AREA FINANCING STRATEGY - TIMING AND ISSUANCE OF GRADING AND BUILDING PERMITS In a memorandum dated February 10, 1989, Kenneth J. Henderson, Director of Community Development, stated that at the Council meeting of February 6, 1989, a financing strategy for certain public improvements in the Verdemont Area was approved and adopted. A report outlining the strategy regarding the timing and the issuance of grading and building permits was requested to be submitted to the Mayor and Common Council at the February 20, 1989, Council meeting. A continuance of the matter to March 13,1989, was suggested. (21) . Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried that the matter of timing and permit issuance relating to the Verdemont Area Financing Strategy be continued to March 13, 1989, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. 20 2/20/89 . CLAIMS AND PAYROLL Council Member Flores 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 dated February 9, 1989, from the Director of Finance, be approved. (22) STREET ENCROACHMENT - SOUTH OF WATERMAN AVENUE - PURE BRED AUTO BROKERS, INC. - REQUEST FOR AUTHORIZATION In a memorandum dated January 25, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that Pure Bred Auto Brokers, Inc., located at 333 South Waterman Avenue, submitted an application to improve the display area of their business by installing a 5-foot wrought iron fence and 5 ornamental light standards within the street right-of-way. These items would be installed at the rear of the 5-foot planting area, and would not interfere with the public's use of the street right-of-way. (8) . In a letter dated January 25,1989, Harry J. Iesberts of Pure Bred Auto Brokers, Inc., requested the encroach- ment permit and provided pictures of the proposed lighting. A discussion ensued regarding whether the request to install a 5-foot wrought iron consistent with the Interim Policy Document. applicant's fence was John Hoeger, Development Specialist for the Redevelopment Agency, answered questions regarding the imposition of standards for landscaping and street land- scaping along Waterman Avenue. City clause for agreement. Attorney 30, 60, Penman 90 days stated can be that a cancellation incorporated into the Roger businesses permits. Hardgrave answered questions regarding how many have received approval for encroachment A problems Waterman discussion ensued regarding if the City decides to widen Avenue. possible the street future along Roger Hardgrave stated that he does not anticipate widening Waterman Avenue in the next 20 years. . 21 2/20/89 . City Attorney Penman answered questions regarding a release of liability clause being placed in the contract. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the request for authorization to encroach into the street right-of-way, for a wrought iron fence and ornamental light standards be approved in principle; and that the City Attorney be directed to prepare the standard form License Agreement. ENCROACHMENT PERMIT - MACKAY STREET, EAST OF "E" STREET - MONUMENT SIGN IN MEDIAN - CENTURY HOMES In a letter dated October 21, 1988, Jerry McCue, Project Director for Century Homes, requested an encroachment permit to construct a monument sign in the curbed median in MacKay Street, east of "E" Street. (9 ) . In a memorandum dated February 2, 1989, Roger Hardgrave, Director of Publ ic Works/Ci ty Eng ineer, explained that the Federal Highway Administration policy requires the elimination of obstructions within medians such as left-turn traffic signals, guard posts, air valves, etc. The installation of a cast concrete monument sign would not be in accordance with this policy. City Engineer Hardgrave answered questions regarding other planned developments for the property located on McKay Street. A discussion ensued regarding the best location for placement of the monument sign and the setting of con- sistent standards for monument signs throughout the City. MAYOR WILCOX EXCUSED At 3:20 p,m., Mayor wilcox left the Council Meeting. Council Member Miller made a motion, seconded by Council Member Minor and unanimously carried, that the request for an encroachment permit for construction of a monument sign in the median on MacKay Street, east of "E" Street, be granted, with the responsibility for land- scaping the median and its maintenance being that of the owner of the sign; and that the City Attorney be directed to prepare a License Agreement. . 22 2/20/89 . PERRIS HILL PARK - SENIOR CITIZENS CENTER - APPROVAL AND ACCEPTANCE OF WORK PER PLAN NO. 7298 - MCLAUGHLIN CONSTRUCTION, INC. In a memorandum dated February 8, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that all work under contract with McLaughlin Construction, Inc., for construction of the Senior Citizens Center in perris Hill Park was satisfactorily completed as of January 31, 1989. The final actual contract price is $728,394.88. (10) Council Member Reilly, made a motion, seconded by Council Member Estrada and unanimously carried, that the work performed by the contractor for construction of the Senior Citizens Center in Perris Hill Park, in accordance with Plan No. 7298, be approved and accepted; and that final payment be authorized at the expiration of the lien period. . RECONSIDERATION OF ITEM 17 - GRADE CROSSING IMPROVEMENTS - "F" STREET AT A.T. & S.F. RAILROAD - NEGATIVE DECLARATION - FINDING OF CONSISTENCY WITH INTERIM POLICY DOCUMENT (See Page 18 ) Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that this item be reconsidered for discussion. (17) Roger Engineer, taken to crossing Streets. Hardgrave, 0 irector of Publ ic Works/Ci ty answered questions, stating that the action adopt the Negative Declaration for this grade does not authorize closure of Broadway and Main Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that the Negative Declaration for Public Works Project No. 88-18, improvement of grade crossing for "F" Street on A.T. & S.F. Railroad, be adopted. Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that a finding be made that the improvement of grade crossing on "F" Street is consistent with the Interim Policy Document. . PERSONNEL ACTIONS Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that Personnel Actions submitted by the Director of Personnel, in accordance with all administrative regulations of the City of San Bernardino, be approved as amended as follows: (23 ) 23 2/20/89 . Item #5 Gloria Hurt, ID Technician I, Police Department, Promotion Effective Date should be 2/21/89, Item #11 - James E. Robbins title should be Acting City Administrator. COUNCIL MEMBER FLORES EXCUSED Council Member Flores left the Council Meeting. SUSAN L. SMITH HARTMANN ROGERS Susan L. Smith Hartmann Rogers spoke, stating that she disagreed with having the next Council meeting on March 13, 1989. COUNCIL MEMBER FLORES RETURNED Council Member Flores returned to the Council Meeting and took his place at the Council Table. . COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - REGULAR MEETING - CONTINUED FROM EARLIER IN THE MEETING (See Page 6 ) The Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order by Mayor Pro Tempore Minor in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. Community Development Commission/Redevelopment Agency matters were discussed. READING AND WAIVING OF RESOLUTION City Clerk Clark read the title of the resolution on the Supplemental Agenda. Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the resolution be waived. RES. 89-37 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH THE MORE ATTRACTIVE COMMUNITY FOUNDATION, INC., FOR STREETSCAPE DESIGN SERVICES. (S-2) Kenneth J. Henderson, Director of Community Develop- ment, requested an extension in the term of the agreement with the More Attractive Community Foundation, Inc., (MAC) through June 30, 1989. . 24 2/20/89 . Council Member Miller made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 89-37 was vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam, Absent: None. adopted Estrada, Miller. by the following Reilly, Flores, Noes: None. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' DECISION TO DEMOLISH 528 NORTH "H" STREET - DR. H.S. LEE, OWNER This is the time and place set for an appeal hearing requested by Dr. Hank S. Lee, property owner, 904 26 th Street, Haleyville, Alabama, concerning charges resulting from the Board of Building Commissioner's order to demolish the building at 528 North "H" Street. (25) . In a memorandum dated February 8, 1989, James Richardson, Acting Director of Building and Safety, stated that on January 6, 1989, a hearing of the Board of Building Commissioners was conducted concerning abatement of a nuisance regarding property located at 528 North "H" Street. The property was boarded up by the City, as it was open and vacant, incurred fire damage, had inadequate foundation and floors for kitchen and bedroom, broken or missing exterior siding, junk and debris through out the facility. The cost incurred by the City for board up and other expenses is $3,077.90. In a letter dated January 9, 1989, Dr. Hank S. Lee, 904 26th Street, Haleyville, Alabama 35565, requested tha t the fees of $ 3,077.90 be wa i ved. He sta ted tha t he bought the property on October 5, 1988, and feels that he is not responsible for the costs. Mayor Pro Tempore Minor opened the hearing. James Richardson, Safety, distributed information concerning Acting Director pictures and the proper ty. of Building and gave background In a letter dated February 17, 1989, Dr. Lee requested a continuance of the appeal as he needed more time to make arrangements since he lives out of state. Subsequent to this letter, however, he made arrangements for representation. . 25 2/20/89 . Bruce Makuzuki, Architect, representing Dr. Hank Lee, sta ted tha t Dr. Lee purchased the property on October 5, 1988, and was not aware of the condition of the property. He stated that Mr. Lee was never notified of the condition of the building until after the abatement had occurred. The previous owner of the property never notified Mr. Lee of the notices sent by the Building and Safety Department. He further stated that Dr. Lee wishes to rehabilitate the property. James Richardson answered questions regarding the filing date for the Notice of Pendency and the date the proper ty was purchased. He adv ised tha t any disagreement between the previous and present property owners be settled by them. A discussion ensued regarding whether or not there are provisions to waive the fees incurred for the abate- ment of the property. . Council Member Reilly Council Member Maudsley and appeal hearing be closed. made a motion, seconded by unanimously carried, that the Council Member Flores made a motion, seconded by Council Member Reilly, that the action of the Board of Building Commissioners' Resolution No. 1257 directing repair within sixty (60) days or demolish the property be affirmed; and that a lien in the amount of $3,077.90 for costs incurred be placed on the property. The motion carried by the following vote: Council Members Reilly, Flores, Maudsley, Pope-Ludlam. Noes: Counc i 1 Member Mi ller. Council Member Estrada. Ayes: Minor, Absent: COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned Meeting and took her place at the Council to the Table. Council ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST ADDING CHAPTER 3.13 TO THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR THE WAIVER OR REFUND OF FEES FOR CHARITABLE ORGANIZATIONS. (42 ) City Clerk Clark read the title of the ordinance. . 26 2/20/89 . James Richardson, Deputy City Administrator/Develop- ment, introduced Bob McBay, Director for the Lighthouse for the Blind, who explained how this ordinance will aid them in their current project. City Attorney Penman answered questions, stating there is no provision in the proposed ordinance waiving the fees for underground utilities. that for Mr. McBay stated that the Edison Company has no problem with the fees for the undergrounding of utilities being waived. City Attorney Penman answered questions regarding the provisions of the proposed ordinance. He advised that any Council Members who are affiliated with a non-profit organi za t ion that might request a wa i ver or refund of fees, abstain from this item due to a possible conflict of interest, Council Member Estrada requested that the record show that based upon the recommendation of the City Attorney, she will abstain from voting on this item. . A discussion ensued regarding in the ordinance to provide for the undergrounding of utilities. i ncl ud i ng a provi s ion waiver of fees for the Council Member Miller made a motion, seconded by Council Member Reilly, that the ordinance be laid over for final passage as amended to include underground utility costs by a non-profit charitable organization. The motion carried by the following vote: Council Members Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: None. Absent: None. Council Member Estrada. Ayes: Minor, Abstain: RECESS MEETING At 5:00 p.m., Mayor Pro Tempore Minor called a five-minute recess. RECONVENE MEETING At 5:10 p.m., Mayor Pro Tempore Minor called the Regular Meeting of the Mayor and Common Council of the City of San Bernardino to order in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. . 27 2/20/89 . ROLL CALL Roll Call was taken following being present: Members Estrada, Reilly, City Attorney Penman, Administrator Robbins. Member Pope-Ludlam. by Ci ty Clerk Clark wi th the Mayor Pro Tempore Minor; Council Flores, Maudsley, Minor, Miller; City Clerk Clark, Acting City Absent: Mayor Wilcox, Council PUBLIC HEARING - STREET CLOSURE - TIPPECANOE AVENUE & MILL STREET - NORTON AIR FORCE BASE - BOUNDARY OF BALLISTIC MISSILE OPERATIONS COMPLEX - CONTINUED FROM JANUARY 17, 1989 This is the time and place continued to for a public hearing concerning the closure of Tippecanoe Avenue and Mill Street at the boundaries of the Ballistic Missile Operations Complex, Norton Air Force Base. (24) . RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THAT PORTIONS OF TIPPECANOE AVENUE, FROM THE SOUTH BOUNDARY OF THE BALLISTIC MISSILE OPERATION COMPLEX TO MILL STREET, AND MILL STREET, FROM THE WEST BOUNDARY OF THE BALLISTIC MISSILE OPERATIONS COMPLEX TO TIPPECANOE AVENUE, ARE NOT PRESENTLY NEEDED FOR VEHICULAR ACCESS, (24) In a memorandum dated January 10, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that a detailed traffic study has been prepared and that the study confirmed the conclusion of the preliminary study that the closure of Tippecanoe Avenue and Mill Street will not have a significant impact upon traffic circulation in the area. In a letter dated February 15, 1989, Mr. William E. Leonard, P.O. Box 1367, San Bernardino, California, urged the Mayor and Common Council to approve the request from Colonel Brooke Bailey to close portions of Tippecanoe Avenue and Mill Street adjacent to the Ballistic Missile Office on a temporary basis. City Attorney Penman stated that the City has not yet received the agreement from the Air Force Counsel. A discussion ensued regarding whether or not this item until further notification from the Air received or to continue the matter to another Meeting. to table Force is Council . 28 2/20/89 1-- . Ci ty Clerk Clark advised that tabling the matter would entail readvertising of the hearing. Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that the hearing and resolution be continued to March 20, 1989, for more information from the United States Air Force. READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of all the remaining resolutions on the Council and Supplemental Agendas. Council Member Flores made a motion, seconded Council Member Reilly and unanimously carried, further reading of the resolutions be waived, by that . RESOLUTION OF THE CITY OF SAN BERNARDINO RENEWING THE COMMITMENT TO COMPLETE DEVELOPMENT OF THE PATTON PARK PROPERTY AND TO DESIGNATE THE PARK DEVELOPMENT FEE FUND, AND THE CITY'S ALLOCATIONS THROUGH STATE AND/OR FEDERAL PARK DEVELOPMENT FUNDS AS POTENTIAL SOURCES FOR FUNDING THE COMPLETION. (Continued From January 17, 1989) (26) (This item was later reconsidered) - (See Page 31 Council Member Reilly made a motion, seconded by Council Member Miller, that said resolution be adopted. The above resolution was vote: Ayes: Counc i 1 Member s Maudsley, Minor, Miller. Noes: Member Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, None. Absent: Council Council Member Reilly made a motion, seconded by Council Member Miller, that the following resolutions be adopted: RES. 89-38 - RESOLUTION OF THE CI'rY OF SAN BERNARDINO ESTABLISHING THE PRIVILEGES OF VOTERS AS SET FOR IN THE CONDUCT OF ELECTIONS CODE. (28) RES. 89-39 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND EMPI RE OPERA ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE. (30) . 29 2/20/89 . Resolution Nos. 89-38 and 89-39 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. RES. 89-40 - RESOLUTION OF THE CITY OF SAN BERNARDI NO AUTHORIZ ING THE EXECUT ION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CONVENTION AND VISITORS BUREAU WHERE THE CITY SHALL PROVIDE THE BUREAU THE SUM OF $38,000 OVER THE TERM OF THIS AGREEMENT. (27) City Attorney Penman answered questions regarding whether or not the San Bernardino Convention and Visitors Bureau can sign the agreement without proof of non-profit status. COUNCIL MEMBER POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived Meeting and took her place at the Council at the Table. Council . James Richardson, Deputy ment Services, stated that non-profit status with the plained that under Section the agreement shall not take executed by both parties. City Administrator/ Develop- the Bureau has applied for Secretary of State. He ex- 2 of the proposed resolution effect until fully signed and Council Member Reilly made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Council Member Miller made a substitute motion that this item be continued until the City receives proof of non-profit status from the San Bernardino Convention and Visitors Bureau. Counc i 1 Member Mi ller 's mot i on died for lack of a second, Ann Harris of Main Street Inc., stated that the Board of Directors is in place for the San Bernardino Convention and Visi tors Bureau. They are wai ting for approval from the Secretary of State's Office regarding their non-profit status. She explained that Main Street has been funding the bureau's expenses. . Council Member Reilly made a revised by Council Member Maudsley, that the adopted subject to the San Bernardino Visitors Bureau receiving its non-profit Secretary of State, motion,seconded resolution be Convention and status from the 30 2/20/89 . Resolution No. 89-40 was adopted with the above stipulation by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. RES. 89-41 - RESOLUT ION OF THE CITY OF BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF A PLAN OF FENCE CONSTRUCTION THE SAN BERNARDINO GOLF COURSE. SAN THE FOR (29 ) City Attorney Penman answered maintenance responsibilities of the Course. questions regarding San Bernardino Golf City Clerk Clark answered questions regarding the type of fence to be installed and provided background information concerning this case. Council Member Flores made a motion, seconded by Council Member Maudsley, that said resolution be adopted. . Resolution No. 89-41 was vote: Ayes: Counc i 1 Members Maudsley, Minor, Pope-Ludlam, Absent: None. adopted Estrada, Miller. by the following Reilly, Flores, Noes: None. RECONSIDERATION OF RESOLUTION - RENEWING COMMITMENT TO COMPLETE DEVELOPMENT OF THE PATTON PARK PROPERTY. Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that the following resolution adopted earlier in the meeting, be reconsidered. (See Page 29) (26) RESOLUTION OF THE CITY OF SAN BERNARDINO RENEWING THE COMMITMENT TO COMPLETE DEVELOPMENT OF THE PATTON PARK PROPERTY AND TO DESIGNATE THE PARK DEVELOPMENT FEE FUND, AND THE CITY'S ALLOCATIONS THROUGH STATE AND/OR FEDERAL PARK DEVELOPMENT FUNDS AS POTENTIAL SOURCES FOR FUNDING THE COMPLETION. A discussion ensued regarding the wording of the resolution. . 31 2/20/89 . Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be continued to Monday, March 13, 1989, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California, in order to allow time for the State to provide the correct wording on the fund- ing process to be used. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, that the following resolutions be adopted: RES. 89-42 - 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. (31) RES. 89-43 RESOLUTION ELECTING TO BE SUBJECT TO PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT ONLY WITH RESPECT TO MEMBERS OF A SPECIFIC EMPLOYEE ORGANIZATION. (33) . RES. 89-44 - RESOLUTION OF THE CITY OF SAN BERNARDINO QUITCLAIMING THAT CERTAIN SEWER EASEMENT LOCATED SOUTH OF VALLEY STREET AND WEST OF ALLEN STREET IN THE CITY OF SAN BERNARDINO, TO MARJORIE JANE SWANSON, MARGARET JEAN BODDEN, RICHARD C. HUGHES AND PRISCILLA G. HUGHES. (34) RES. 89-45 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO TIMOTHY J. FERRIE COMPANY FOR CONSTRUCTION OF IMPROVEMENTS TO POLICE PISTOL RANGE AT PERRIS HILL PARK, PHASE I. (35) RES. 89-46 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO PACIFIC FENCE COMPANY FOR CONSTRUCTION OF CHAIN LINK BACKSTOP FOR BARTA SENIOR FIELD, AT BLAIR PARK. (36) Resolution Nos. 89-42, 89-43, 89-44, 89-45, and 89-46 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. . 32 2/20/89 . Council Member Flores Council Member Miller, that adopted: made a motion, seconded by the following resolutions be RES. 89-47 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO DAART ENGINEERING COMPANY FOR INSTALLATION OF FIRE SPRINKLERS IN CITY HALL. (37) RES. 89-48 - RESOLUT ION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO STEINY AND COMPANY, INC., FOR INSTALLATION OF TRAFFIC SIGNALS AT 40TH STREET AND MT. VIEW AVENUE. (38) RES. 89-49 - RESOLUT ION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO INLAND EMPIRE WHITE GMC FOR THE FURNISHING AND DELIVERY OF TWO (2) FRONT LOADER REFUSE TRUCKS, TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-89-17. (39) . RES. 89-50 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO INLAND EMPIRE WHITE GMC FOR THE FURNISHING AND DELIVERY OF TWO (2) ROLL-OFF TRUCKS, 20 TO 40 CUBIC YARD CAPACITY, TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-89-18. (40) Resolution Nos. 89-47, 89-48, 89-49 and 89-50 were adopted by the following vote: Ayes: Council Member Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. Council Member Flores Council Member Miller, that adopted: made a motion, seconded by the following resolutions be RES. 89-51 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A SMALL BUSINESS LOAN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND STAGE- COACH AIRPORTER IN THE AMOUNT OF $50,000. (S-3) RES. 89-52 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A SMALL BUSINESS LOAN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DESIGN BY MONGE IN THE AMOUNT OF $35,000. (S-4) . 33 2/20/89 . Resolution Nos. 89-51 and 89-52 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. CONTRACT - INSTALLATION OF A 200 AMP SUBPANEL - FAMILY SERVICE AGENCY, INC.- CHANGE ORDER NO.1 - CLYDE THOMPSON CONSTRUCTION In a memorandum dated February 16, 1989, Kenneth Henderson, Director of Community Development, stated that the 100 amp service for the Family Service Agency, Inc., is not up to code and will not handle the 200 amp subpanel specified for the building rehabilitation. The work order is under contract with Clyde Thompson Construction. (S-l) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that Change Order No. 1 to the contract with Clyde Thompson Construc- tion, for the office building rehabilitation project in the amount of $1,347.00, be approved, for a total con- tract amount of $21,347.00. . ORD. MC - 652 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 2.17.040 AND 2.44.020 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR EXCEPTIONS TO THE REQUIREMENTS FOR APPOINTMENT TO COMMISSIONS SO THAT A MEMBER OF THE CEMETERY COMMISS ION NEED NOT RESIDE IN THE WARD OF HIS OR HER NOMINATING COUNCIL MEMBER. (41) City Clerk Clark read the title of the ordinance. Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley, that further reading of the ordinance be waived and that said ordinance be adopted. Ordinance MC-652 was adopted by the following vote: Ayes: Council Member Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. GENERAL OBLIGATION BOND BLUE RIBBON- COMMITTEE REPORT In a memorandum dated February 6, 1989, Edward Wheeler, Chairman of the General Obligation Bond Blue Ribbon Committee, stated that at their meeting of February 2, 1989, the Committee had begun to evaluate options for financing the capi tal improvements which were previously identified. (44) . 34 2/20/89 . Chairman Wheeler reported that a discussion ensued regarding the absence of Council representatives from Wards 4, 5 and 6 and whether the i r absence ind icated a reluctance to support the Committee's efforts. Chairman Wheeler stated that the General Obligation Bond Commi ttee members had agreed to rev iew all proposed projects which were included in the original General Obligation Bond issue recommendation before recommending any actions to the Mayor and Common Council. It is anticipated by the Committee to complete the review within a month of their next meeting and provide a revised General Obligation Bond recommendation to the Council for their consideration. Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the General Obligation Bond Blue Ribbon Committee be directed to continue to evaluate financing mechanisms for funding the capital improvement needs which having been identified with the intent of recommending a general obligation bond issue on an upcoming ballot; and that Wards 4, 5 and 6 appoint members to serve on the Commi ttee in order to ensure representation throughout the City, . RECESS MEETING - CLOSED SESSION At 5:40 p.m., Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the Common Council recess to Closed Session pursuant to the following Government Code Sections: 54957.6 to meet with its designated representatives regarding labor relations matters (Police & Fire); (48 ) 54957 to consider personnel matters; (49 ) 54956.9 (b) (1) to confer pending litigation, as there litigation; with its attorney regarding is significant exposure to (50 ) 54956.9 (c) to pending litigation, initiate litigation; confer with its attorney so that council may decide regarding whether to (51) 54956.9 (a) to pending litigation which the City is a confer with its attorney regarding which has been initiated formally to party as follows: (52&S-5) . City of San Management, I nc. , Case No. 238755; Bernardino vs. California Construction et al - San Bernardino Superior Court 35 2/20/89 . Saldecke, et al vs. City of San Bernardino, et al -San Bernardino Superior Court Case No. 236836; Cable Lake Association vs. City of San Bernardino -San Bernard i no Super i or Court Case No. 239714 and Case No. 239649; City of Club, Inc. 239193; San Bernardino vs. San Bernardino Baseball San Bernardino Superior Court Case No. Stubblefield Construction Company, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 232998; Juan Manuel Sanchez vs. City of San Bernardino -United States District Court Case No. CV87-2291 AWT (Bx); Charles H. Brown vs. City of San Bernardino - San Bernardino Superior Court Case No. 243087; . Sock Dawson, et al vs. City of San Bernardino, et al - United States District Court - Case No. SA 88-461 AHS (RWRx) ; Barron/Alcarez vs. City of San Bernardino San Bernardino Superior Court Case No. 241692; Barratt, Inc. , vs. City of San Bernardino San Bernardino Superior Court Case No. 242433; John H. Hendricksen vs. City of San Bernardino -San Bernardino Superior Court Case No. 234384; Catlett vs. City of San Bernardino - San Bernardino Superior Court Case No. 243182; Adkins vs. City of San Bernardino - San Bernardino Municipal Court Case No. 109709; City of San Bernardino vs. County of San Bernardino _ San Bernardino Superior Court Case No. 242168; County of San Bernardino, et al vs. South Coast Air Qual i ty Management 0 i str ict, et al Court of Appeal, Fourth Appellate District, Division Two Case No. E4562. Rowan vs. City of San Bernardino, et al San Bernardino Superior Court Case No. 236757. . 36 2/20/89 . CLOSED SESSION At 5:40 p.m., Mayor Pro Tempore Minor called Closed Session to order in the Conference Room of Council Chambers in City Hall, 300 North "D" Street, Bernardino, California. the the San 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, Acting City Administrator Robbins. Absent: Mayor Wilcox. ADJOURN CLOSED SESSION At 7:30 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 7: 30 p.m., Mayor Pro Tempore Minor called the meeting to order 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, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: Mayor Wilcox; Council Members Reilly, Flores, Pope-Ludlam. STATION NO. 10 - TOXIC WASTE CLEAN-UP - AUTHORIZATION FOR PAYMENT Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the Mayor and Common Council authorize payment of $22,160.00 to clean up the toxic waste at Station No. 10. (51) RECESS MEETING At 7: 30 p.m., Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the meeting recess to 9:00 a.m., Monday, March 13, 1989, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. (53) ~~/2(/7'?~d. City Clerk . No. of Items: No. of Hours: 65 9hrs. 15 min. 37 2/20/89