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HomeMy WebLinkAbout03-20-1989 Minutes . City of San Bernardino, California March 213, 1989 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox at 9:135 a.m., Monday, March 213, 1989, in the Council Chambers of City Hall, 31313 North "0" Street, San Bernardino, California. INVOCATION The Invocation was given by Rev. George Crisp of the Del Rosa United Methodist Church, 33513 Del Rosa Avenue, San Bernardino, California. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tempore Norine Miller. . ROLL CALL Roll Call was taken by Deputy City Clerk Lang with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; Deputy City Clerk Lang, Acting City Administrator Robbins. Absent: Council Member Pope-Ludlam and City Attorney Penman. PUBLIC COMMENTS There were no comments from the public. (A) PROCLAMATION - NATIONAL COMMUNITY DEVELOPMENT WEEK Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino declaring March 24, 1989 through March 31, 1989, as National Community Development Week. (B) Kenneth J. Henderson, Director of Community Develop- ment, was present to accept the proclamation. pins PRESENTATIONS - SERVICE PINS Mayor wilcox presented several employees with for their years of service with the City. service (B) APPOINTMENT - PARK & RECREATION COMMISSION - WADE BYARS - THIRD WARD Pursuant to a memorandum dated March 213, Mayor Wilcox, Council Member Flores made seconded by Council Member Estrada and 1989, from a motion, unanimously . 1 3/20/89 . carried, to approve the appointment South "K" Street, San Bernardino, CA Recreation Commission, as requested Flores to represent the Third Ward. of Wade Byars, 769 92410, to the Park & by Council Member (C) COUNCIL At 9:18 the Coune i 1 Table. MEMBER POPE-LUDLAM ARRIVED a.m., Council Member Pope-Ludlam arrived at Meeting and took her place at the Council CITY ATTORNEY PENMAN ARRIVED At 9: 18 a.m., City Attorney Council Meeting and took his place Penman arrived at the at the Council Table. Deputy City Clerk Lang read the Oath of Office to Wade Byars. COUNCIL MINUTES - FEBRUARY 6, 1989 Council Member Reilly 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 Ci ty of San Bernardino held on February 6, 1989, be approved as submitted in typewritten form. (1) . SET APPEAL HEARING - CENTRAL CITY PARKING PLACE COMMISSION'S DECISION TO DISCONTINUE PRACTICE OF RECOMMENDING PARKING LEASES IN DOWNTOWN LOTS 1, 2 AND 3 - JOHN LONERGAN In a memorandum dated March 7, 1989, Fred Wilson, Assistant to the City Administrator, stated that the Central City Parking Place Commission at their meeting of September 1, 1988, had considered a recommendation from the Main Street Parking Task Force to eliminate the practice of leasing parking spaces to businesses in the downtown area in parking lots 1, 2 and 3. (2) In a letter dated March 2, 1989, John B. Lonergan, 1103 Bel-Air Place, Los Angeles, CA 90077, who currently has a 60-month lease for 14 parking spaces in Lot 3, appealed the decision of the Central City Parking Place Commission regarding eliminating the practice of extending parking leases in Lots 1, 2, and 3. Mr. Lonergan wishes to ensure the future needs of the tenants in his building. Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that a hearing be set for April 3, 1989, at 10:00 a.m., in the Council Chambers of City Hall, 300 North "0" Street, San . 2 3/20/89 . Bernardino, California, Lonergan relative to Commission1s decision recommending leasing of 2 and 3. to consider the appeal of John the Central City Parking Place to discontinue the practice of parking spaces in Downtown Lots 1, THIRD WARD PARK EXTENSION FUND - PURCHASE OF A SCOREBOARD CONTROLLER AND CONSTRUCTION MATERIAL - APPROVAL OF EXPENDITURE - NICHOLSON PARK In a memorandum dated February 28, 1989, Annie F. Ramos, Director of Parks, Recreation and Community Services, stated that the existing scoreboard at the Little League field in Nicholson Park is in good working order, but the controller has been missing for several years and needs to be replaced. She also stated that the restroom and concession buildings have deteriorated and are in need of renovation. (5) Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that the expenditure of $2,131313 from the Third Ward Park Extension Fund for the purchase of a scoreboard controller and con- struction material for the Little League at Nicholson Park, be approved. . ASSESSMENT DISTRICT NO. 989 - TO AMEND SCOPE - MILL AND MACY LANDSCAPE MAINTENANCE DISTRICT - AUTHORIZATION TO PROCEED - TENTATIVE TRACT NO. 13457 In a memorandum dated March 6, 1989, Roger G. Hardgrave, Director of Public Works/Engineering, stated that a petition has been received from Forecast, the developer of Tentative Tract No. 13457, to form an assessment district for the maintenance of landscaping along the south side of Mill Street, between Macy Street and a point approximately 985 westerly thereof, (6) Due to the installation of a sewer lift station at the south end of the tract, the owner requested that the maintenance of the lift station be included in the assess- ment district. Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that the Ci ty Eng ineer and City Clerk be author i zed to expand the scope of Assessment District No. 989 (Mill and Macy Area Landscape Maintenance District) under the provisions of Chapter 12.913.13613 of the San Bernardino Municipal Code to include the maintenance of a sewer lift station and to change the name of the district to Mill and Macy Area Landscape and Sewer Lift Station Maintenance District. . 3 3/213/89 . PALM AVENUE IMPROVEMENT AND BAILEY DRAIN ASSESSMENT DISTRICTS - AUTHORIZATION TO PROCEED In a memorandum dated March 2, 1989, Roger G. Hardgrave, Director of Public Works/Engineering, stated that in conjunction with the Verdemont Area Infrastructure Financing Plan for the financing of the Chestnut Drain and the signals at Palm Avenue, the improvement of Palm Avenue with curbs, gutters, paving, sidewalks and street lighting is also necessary at this time. (7) Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that the City Engineer and City Clerk be authorized to proceed with the establ ishment of the assessment d i str icts under the provisions of the Municipal Improvement Act of 1913 and the Improvement Bond Act of 1915 for the installation of curbs, gutters, paving, sidewalks and street lights in portions of Palm Avenue between Kendall Drive and the north line of Rancho Muscupiabe and for the proposed construction of a storm drain and appurtenant facilities in the area of Bailey Creek generally north of Belmont Avenue in the City of San Bernardino and to do all things necessary to bring the project to a timely completion. . CLAIMS AND PAYROLL Pursuant to a memorandum dated March 8, 1989, from Andrew Green, Director of Finance, Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that the claims and payrolls, and the authorization to issue warrants as listed on the memorandum from the Director of Finance, be approved. (8 ) VACATION OF FRONTAGE ROAD - WEST OF WATERMAN AVENUE SOUTH OF CAROLINE STREET - AUTHORIZATION TO PROCEED PLAN NO. 7726 In a memorandum dated March 6, 1989, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that the intersection of the frontage road with Caroline Street is too close to Waterman Avenue for proper traffic circulation. The Director of Public Works/City Engineer recommends that the frontage road be vacated to avoid any future traffic circulaion problems. (3) Roger Hardgrave answered questions, stating that there has been no official response from the City of Riverside concerning the proposed vacation of the frontage road. . 4 3/20/89 . Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the proposed vacation of the frontage road west of Waterman Avenue, south of Caroline Street; and that Plan No. 7726, showing the proposed vacation of a frontage road ,lest of Waterman Avenue, south of Caroline Street, be approved. AUTHORIZATION TO PROCEED - SALE OF CERTAIN CITY-OWNED PROPERTIES In a memorandum dated March 6, 1989, Roger G. Hardgrave, Director Public Works/City Engineer, stated that the Ways and Means Committee at their meeting of December 12, 1988, reco~~ended that certain properties owned by the City be sold. (4) In a memorandum dated November 2, 1988, Roger Hardgrave, Director of Public Works/City Engineer, described the following: 1. 2. 3. 4. (089) 1215 Colima Road (068) 181 S. "G" Street (072) 3250 Harrison Street (085) Northwest/Southeast corners of Rialto Avenue and Pennsylvania Avenue (Vacant Lots) (090) Del Rosa, south of Eureka (Vacant Lot) (134) Garner Street, at Olive Street (Vacant Lot) . 5. 6. Roger Hardgrave answered questions regarding the realistic market value of the properties and explained the procedure for selling City property. ci ty have City Engineer depa r tmen ts 0 f need for them. Hardgrave recommended notifying the surplus properties in case all they Council Member Flores made a motion, seconded by Counc il Member Mi ller and unanimously carr ied, that the Real Property Section be authorized to proceed with the sale of certain City owned property as listed in the Report of Properties available for sale, prepared by the Director of Public Works/City Engineer, dated November 2, 1988. . PERSONNEL ACTIONS In a memorandum dated March 8, 1989, Gordon Johnson, Director of Personnel, submitted personnel actions in accordance with all administrative regulations of the City of San Bernardino. (9) 5 3/20/89 . Jim Robbins, Acting City Administrator, answered questions regarding Item No.1, concerning Isabelle Aiello working at a higher classification as Senior Secretary for the Building and Safety Department and the regulations governing the extension of time. Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the Personnel Actions submitted by the Director of Personnel, in accordance with all administrative regulations of the City of San Bernardino, be approved. PUBLIC HEARING - STREET CLOSURE - TIPPECANOE AVENUE & MILL STREET - NORTON AIR FORCE BASE - BOUNDARY OF BALLISTIC MISSILE OPERATIONS COMPLEX (MISSILE OPERATIONS COMPLEX) - CONTINUED FROM FEBRUARY 20, 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. (According to Norton Air Force Base the name has been changed to Missile Operation Complex). (10) . 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. (10) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the hearing and resolution be continued to April 3, 1989, at 10:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, for more information form the United States Air Force. It was pointed out that it is improper to act on this item as it was scheduled on the Council Agenda to be heard at 10:00 a.m. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that this item be reconsidered and continued until 10:00 a.m. or after, as indicated on the agenda. (See Page 12 ) . 6 3/20/89 . READING AND WAIVING OF RESOLUTIONS Deputy City Clerk Lang read the ti tIes of all the resolutions on the Council Agenda and Supplemental Agenda. Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that further reading of the resolutions be waived. Council Member Flores made a motion, seconded by Council Member Reilly, that the following resolutions be adopted: RES. 89-76 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE AGREEMENT FOR UNDERWRITING SERVICES WITH STONE & YOUNGBERG, INITIATING PROCEEDINGS FOR DEVELOPMENT OF A FIFTY (50) UNIT SENIOR CITIZEN HOUSING PROJECT IN THE CITY OF SAN BERNARDINO. (12) . RES. 89-77 - 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 MARGARET ANN'S ART, FRAMING AND GIFT GALLERY, IN THE AMOUNT OF $50,000.00 AND REPEALING RESOLUTION NO. 88-293. (13) RES. 89-78 - RESOLUTION OF THE CITY OF BERNARDINO AUTHORIZING THE EXECUTION OF AGREEMENT WITH FILARSKY AND WATT CONSULTING SERVICES RELATING TO RELATIONS MATTERS. SAN AN FOR LABOR (14) Resolution Nos. 89-76, 89-77 and 89-78 were by the following vote: Ayes: Counc i 1 Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Noes: None. Absent: None. adopted Estrada, Miller. RES. 89-79 - RESOLU'rION OF THE CITY OF SAN BERNARDI NO AMENDI NG RESOLUT ION NO. 6413 EN- TITLED IN PART "A RESOLUTION. .ESTABLISH- ING A BASIC COMPENSATION PLAN. .", BY ADDING THE POSITIONS OF ACCOUNTING TECHNICIAN AT RANGE 1097 ($1943-2364/MO.) SUPERINTENDENT OF STREETS AND SUPERINTENDENT OF SANITATION . 7 3/20/89 . AT RANGE 4144 ($3157-3846/MO.) AND LITERACY PROGRAM COORDINATOR AT Rl107 ($2195-2674/MO.); CHANGING THE SALARY RANGE OF LIBRARY COMPUTER LABORATORY COORDINATOR FROM R1093 ($1847-2251/MO.) TO R1l07 ($2195-2674/MO.) AND DELETING THE POSITION OF PUBLIC SERVICES SUPERVISOR EFFECTIVE FEBRUARY 21, 1989. (15) Acting City Administrator Robbins answered questions regarding the classification survey being performed by staff within the Personnel Department and various positions described in the Staff Report. Council Member Flores made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 89-79 was vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam, Absent: None. adopted Estrada, Miller. by the following Reilly, Flores, Noes: None. Council Member Miller made a motion, seconded by Council Member Flores, that the following resolutions be adopted: . RES. 89-80 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 EN- TITLED, IN PART, "A RESOLUTION. .PROHIBIT- ING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF. "AND PROHIBITING PARKING ON CERTAIN DESIGNATED STREETS ON SPECIFIED DAYS AND HOURS FOR STREET SWEEPING PURPOSES, TO PROHIBIT PARKING EVERY MONDAY BETWEEN THE HOURS OF 4:30 A.M. AND 6:30 A.M. ON TWENTY -F IRST STREET, BETWEEN WATERMAN AVENUE AND VALENCIA AVENUE; KENWOOD AVENUE, BETWEEN TWENTIETH STREET AND TWENTY-FIRST STREET; CRESTVIEW AVENUE, BETWEEN TWENT IETH STREET AND TWENTY -F IRST STREET; TO PROHIB IT PARKING EVERY FRIDAY BETWEEN THE HOURS OF 4:30 A.M. AND 6:30 A.M. ON WESTERN AVENUE, BETWEEN GOODLETT STREET AND TRENTON STREET; SEVENTEENTH STREET, BETWEEN MEDICAL CENTER DRIVE AND WESTERN AVENUE; GOODLETT STREET, BETWEEN WESTERN AVENUE AND A POINT 300 FEET WEST OF WESTERN AVENUE; CABRERA AVENUE, BETWEEN SEVENTEENTH STREET AND A POINT 150 FEET SOUTH OF SEVENTEENTH STREET. (17) . 8 3/20/89 . RES. 89-81 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF SCOPE AND BOUNDARIES OF ASSESSMENT DISTRICT NO. 982 BY EXPANDING THE BOUNDARIES THEREOF TO INCLUDE ADDITIONAL TERRITORY IN THE DISTRICT; TO EXPAND THE SCOPE THEREOF TO INCLUDE THE MAINTENANCE OF LANDSCAPING OF ADDITIONAL TERRITORY IN THE DISTRICT; DECLARING ITS INTENTION TO PROCEED TO ORDER THE AMENDMENT AND EXPANS ION OF THE DISTRICT; AND WAIVING NOTICE AND HEARING. (18) Resolution Nos. 89-813 and 89-81 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. . RES. 89-82 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433 EN- TITLED IN PART "A RESOLUTION. . .CREATING AND ESTABLISHING POSITIONS FOR THE VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO"; BY ADDING THE POSITION OF ACCOUNTING TECHNICIAN AND DELETING THE POSITION OF ACCOUNT CLERK I II IN THE COMMUN ITY DEVELOPMENT DEPARTMENT; ADDING THE POS IT ION OF LITERACY PROGRAM COORDINATOR AND CHANGING THE NUMBER OF JUNIOR LIBRARIAN POSITIONS FROM 4 TO 3 IN THE LIBRARY; ADDING THE POS IT IONS OF SUPERINTENDENT OF STREETS AND SUPERINTENDENT OF SANITATION; DELETING THE POS IT ION OF PUBLIC SERVICES SUPERVI SOR; CHANGING THE NUMBER OF SANITATION ROUTE MANAGER pas IT IONS FROM 2 TO 1 AND CHANGING THE NUMBER OF SANITATION ROUTE SUPERVIOR POS IT IONS FROM 4 TO 5 IN THE PUBLIC SERVICES DEPARTMENT. (16) Acting City Administrator Robbins answered questions, stating that the current Account Clerk III position is currently occupied. As a result of the reclassification survey the position was reclassified to Accounting Technician. He stated that he is not aware of any attempt to increase staff. . 9 3/213 /8 9 I . Ken affirmed reinstate Henderson, Director of Community Development, that there would not be any attempt made to the Account Clerk III position. CITY ATTORNEY PENMAN EXCUSED City Attorney Penman left the Council Meeting. Council Member Flores made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 89-82 was vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam, Absent: None. adopted Estrada, Miller. by the following Reilly, Flores, Noes: None. RES. 89-83 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE AND EXECUTION OF AN INDENTURE WITH THE SOUTHERN PACIFIC TRANSPORTATION COMPANY FOR THE CON- STRUCTION OF A DRAINAGE FACILITY AND APPURTENANT FACILITIES CONCERNING PROPERTY LOCATED ON HUNTS LANE, SOUTH OF REDLANDS BOULEVARD. (19) . Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding how the proposed resolution will affect the grade crossing. CITY ATTORNEY PENMAN RETURNED City Attorney Penman returned to the Council Meeting and took his place at the Council Table. A discussion ensued regarding sections standard agreement requiring a provision to Southern Pacific Transportation Company for negligence and spillage on the right-of-way. in the indemnify their own City Attorney Penman stated that his office has reviewed and signed the agreement. He stated that this is a standard agreement and that Southern Pacific Transportation Company has required the construction of the drainage facilities. Roger Hardgrave, Director of Engineer, answered questions regarding for the construction of the storm drain. Publ ic Works/Ci ty another location City Attorney Penman pointed out that on Page 4, Item 12 of the agreement there is a provision that states i ndemni ty would not protect the Southern Pac i f ic Transportation Company from liability. . 10 3/20/89 . A discussion ensued still be indemnified Transportation Company is regarding whether the City would if the Southern Pacific found to be negligent. Roger Hardgrave stated that since the drainage comes from north of the railroad tracts and there is a ditch south of the tracks, the drain would have to cross the railroad line at some point. Council Member Maudsley made a motion, seconded by Council Member Flores, that said resolution be adopted. Resol ut ion No. 89-83 was vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam, Absent: None. adopted Estrada, Miller. by the following Reilly, Flores, Noes: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MARINA CONTRACTORS, INC., FOR CONSTRUCTION OF SECCOMBE LAKE STATE URBAN RECREATION AREA, PHASE I-B. (20) A discussion ensued regarding the lowest bidder and the architect/engineer's estimated contract price. . Roger Hardgrave, Director of Public Works/City Engineer, stated that the correct bid price is $1,808,575.32 and answered questions regarding the starting date of this project. Council Member Estrada stated for the record that she has found the electrical capabilities of the Seccombe Lake Park to be inadequate; and that she felt that the electrical needs were not taken into proper consideration at the time the park was designed and explained in detail the problems with the lighting. Roger Hardgrave indicated that he was not aware of those problems, but that he would look into it. Director Hardgrave answered questions regarding the contract with Marina Construction. Ci ty Attorney Penman expressed concern as the contract with Marina Construction does not contain a specific amount to cover the landscape architect fees. . 11 3/20/89 . Council Member Estrada made Council Member Pope-Ludlam, that until later in the afternoon concerning the specific amount of Construction. (See Page 19 ) a moti on, seconded by this i tern be continued for more information the contract with Marina Roger Hardgrave answered questions regarding the contractor who completed the first phase at Seccombe Lake and whether the electrical systems had been inspected. City Attorney manner in which the change orders to the Penman expressed concern Engineering Department is Council. about the presenting The motion carried by the following vote: Council Members Estrada, Reilly, Maudsley, Pope-Ludlam. Noes: Council Members Flores, Absent: None. Ayes: Minor, Miller. RECESS MEETING At 9:55 a.m., Mayor Wilcox called a five-minute recess. . RECONVENE - MEETING At 10:07 a.m., Mayor Wilcox 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. ROLL CALL Roll Call was taken by Deputy Ci ty Clerk Lang wi th the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Deputy City Clerk Lang, Acting City Administrator Robbins. Absent: Council Member Miller and City Attorney Penman. PUBLIC HEARING - STREET CLOSURE - TIPPECANOE AVENUE & MILL STREET - NORTON AIR FORCE BASE - BOUNDARY OF MISSILE OPERATIONS COMPLEX (MISSILE OPERATIONS COMPLEX) - CONTINUED FROM EARLIER IN THE MEETING (SEE PAGE 6 ) This is the time and place continued to for a public hear ing concerning the closure of Tippecanoe Avenue and Mill Street at the boundaries of the Missile Operations Complex, Norton Air Force Base. (Formerly known as Ballistic Missile Operations Complex). (10) . 12 3/20/89 . 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. (10) Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the hearing and resolution be continued to April 3, 1989, for more information from the United States Air Force. PUBLIC HEARING - AUTOMATED REFUSE CONTAINERS - APPROVAL OF ADDITIONAL CHARGE This is the time and place set for a public hearing to consider a $7.00 per month charge for each additional 90 gallon refuse container. (11 & S-2) In a memorandum dated March 16, 1989, Manuel P. Moreno, Jr., Director of Public Services, provided a list of refuse rate increases on commercial drop-body containers. . RES. NO. 89-84 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 88-308 RELATING TO RATES AND PROVISIONS FOR AUTOMATED RESIDENTIAL REFUSE COLLECTION. (S-2) Mayor Wilcox opened the hearing. COUNCIL MEMBER MILLER AND CITY ATTORNEY PENMAN ARRIVED At 10:10 a.m., Council Member Miller Attorney Penman arrived at the Council Meeting their places at the Council Table. and and City took Manuel Moreno Jr. Director of Public Services, pro- vided background information concerning previous Council action approving the additional charge for automated refuse 90 gallon containers. He stated that the proposed rates will be implemented the middle of April 1989. Manuel Moreno Jr. answered questions regarding the seconded 90 gallon container collection schedule. He stated that once a week collection will begin in the Fifth Ward on a trial basis. . 13 3/20/89 . Manuel Moreno, Jr. answered questions regarding the cost of the containers and stated that the implementation of this new program will reduce the number of operators from 40 to approximately 19. Deputy City Clerk Lang answered questions stating that no protests have been received. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the hearing be closed; that action taken by the Mayor and Common Council at its meeting of September 19, 1988, re- garding the implementation of one time per week refuse collection and a $7.00 per month charge for each additional 90 gallon refuse container, be approved; and that said resolution be adopted. Resolution No. 89-84 was vote: Ayes: Counc i 1 Members Maudsley, Minor, Pope-Ludlam, Absent: None. adopted Estrada, Miller. by the following Reilly, Flores, Noes: None. . MASTER PLAN - CITY'S PARTICIPATION IN THE SANTA ANA RIVER CORRIDOR TRAIL PLAN In a memorandum dated March 3, 1989, James Richardson, Deputy City Administrator/Development Serv ices, stated tha t the Ci ty is a member of the Santa Ana River Coordinating Council (SARCC), which is preparing a master plan for a trails system from the San Bernardino Mountains to the Pacific Ocean ("Crest to Coast Trail"). (22) Jim Richardson stated that the parties to the agreement would include cities in the San Bernardino, Riverside and Orange Counties, as well as the National Park Serv ice, the U. S. Forest Serv ice and the Cal i fornia Department of Parks and Recreation. The San Bernardino County Regional Parks Department will act as the lead agency and will administer the contract for the master plan. He stated that the City's share of this project is approximately $6000.00 for the 1989-90 Budget. In a letter dated February 24, 1989, Steven K. Messerli, Director of Regional Parks Department, stated that revisions have been made to the Interagency Agreement for development of a Santa Ana River Corridor Master Plan and the agreement is targeted to be signed during the March 10 - 17, 1989 meetings. . 14 3/20/89 I . Acting City Administrator Robbins stated that a plan for a trails system of this type has been discussed for quite some time, and is pleased that it is finally being implemented. Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley and unanimously carried, that the Mayor and Common Council express support for the Santa Ana River Coordinating Council's Santa Ana River Corridor Master Plan for a Trail System; and that the City Attorney be directed to prepare an agreement for participation in the 1989-90 Budget for funding. . REQUEST FOR PROPOSALS - ASSESSMENT DISTRICT 5861 ORANGEWOOD ESTATES EAST OF CALIFORNIA STREET, NORTH OF 16TH STREET, SOUTH OF 19TH STREET AND WEST OF MEDICAL CENTER DRIVE In a memorandum dated March 8, 1989, Ken Henderson, Director of Community Development, provided Request for Proposals, setting forth the objectives of the City in order of priority, for the development of moderate income housing on 76 lots located east of California Street, north of 16th Street, south of 19th Street and west of Medical Center Drive. These lots were part of a development known as the Orangewood Estate project. (23) The Orangewood Estate development was to consist of 200 homes. Assessment District 5861 was formed in 1980 to provide public improvements for their development. Due to many problems, the development was foreclosed upon when it consisted of 123 homes and 76 vacant lots. The City has been able to keep bondholders current and used housing and community development fund to acquire the 76 vacant lots from the County Treasurer-Tax Collector. Mr. Henderson further sta ted tha t in order to keep from making another bond payment, which is due in July, the Request for Proposals needs to be issued, a developer needs to be selected and the property sold. Kenneth Henderson provided background information concerning the proposed Orangewood Estate project and answered questions regarding the potential bond restructuring of the Request for Proposals. . 15 3/20/89 . A discussion ensued regarding a minority developer being given the opportunity to develop the homes. Ken Henderson answered questions regarding the requirements of the developer for this project, stating that the developer must be experienced and financially sound in order to meet the requirements of the RFP's. The Mayor and Common Council commented that this development would provide support for the shopping center on the West Side and recommended that this project begin quickly. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that staff be authorized to issue the attached Request for Proposals for the development of seventy-six (76) single family homes in the two-hundred (200) lot Orangewood Estates subdivision located east of California Street, north of 16th Street, south of 19th Street and west of Medical Center Drive. . TRANSFER OF FUNDS - CDBG ACCOUNT TO STORAGE BUILDING ACCOUNT - CENTER FOR INDIVIDUALS WITH DISABILITIES In a memorandum dated March 6, 1989, Kenneth J. Henderson, Director of Community Development, stated that the Mayor and Common Council granted COBG funding in June 1986, to the Center for Individuals with Disabilities for construction of a 270 square foot storage building, but that supplemental funding in the amount of $15,000 is needed to fully finance and complete the project. (24) Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that $15,000 in funds from the CDBG Appropriated Reserve Account (121-544-57735) be transferred to the Center for Individuals with Disabilities Storage Building Account (121-544-57557) in order to fully finance and complete this project. DOCUMENTATION FOR SMALL BUSINESS LOAN FUND DISBURSEMENTS - DESIGN BY MONGE BRIDAL SHOP In a memorandum dated March 8, 1989, Ken Henderson, Director of Community Development, stated that the Director of Finance has informed him that in order to adequately support the financial transactions for monitoring and auditing documentation of the small business loan previously approved by the Mayor and Common Council for the Design by Monge Bridal Shop, documentation of the Council action is needed. (25) . 16 3/20/89 r . Ken Henderson, Director of Community Development, explained the background of this small business loan. He stated that the Community Development Department would have further fund disbursement control. Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the City Clerk be directed to provide to the Director of Finance documentation of the action taken by the Mayor and Common Council in connection with the Design by Monge small business loan application, which stipulated that the disbursement of loan proceeds be administered by the Community Development Department for accounts payable only; and that invoices made out to the vendor be paid by the City. VACATION OF ALLEYS - TERMINATION OF THE PROCEEDINGS BETWEEN 28TH STREET, CAJON BLVD, MEDICAL CENTER DRIVE AND CALIFORNIA STREET In a memorandum dated March 8, 1989, Hardgrave, Director of Public Works/City requested that the proceedings to vacate located between 28th Street and Cajon Blvd., Medical Center Drive and California Street, be Roger G. Engineer, two alleys and between terminated. (26 ) . After the Negative Declaration was adopted for the vacation of these alleys, the Southern California Gas Company, Southern California Edison Company, General Telephone and the City Municipal Water Department all requested a reservation of an easement for their facilities. The City Building and Safety Department objected to the vacation of the alleys because a large number of homes located along the alleys have garages with access only from the alleys, which means an access easemen t wi 11 have to be reserved. An access easemen t will prevent the physical closure of the alleys and the maintenance of the alley would be transferred to the adjacent property owners if the vacation is completed. Deputy City Clerk Lang answered questions, stating that no protests have been received. City Attorney Penman explained the legal ramifications involved as to why staff recommended to terminate the vacation proceedings due to the water meters being located in the alleys. . 17 3/20/89 . Donald Burnett, Chief of Police, requested that Council delay their decision to vacate the alleys for 30 days, to allow staff to inspect the garages for compliance with the building code. City Attorney Penman stated that the only effective way to deal with the water meter issue would be to grant an easement. However, if an easement is granted and the alleys are vacated then the legal responsibility of maintaining the alley would rest on the property owners. A discussion ensued regarding continuing in order to allow the Police Department to this matter and the costs associated with the these alleys. this matter investigate vacation of Chief Burnett stated that he intends to present options to correct the crime problems associated with the alleys to the Delmann Heights Association and seek their assistance in this matter. A discussion ensued used in the notification City's position concerning regarding the language to to the property owners of the vacation of the alleys. be the . The Mayor and Common Council discussed the authority of the Delmann Heights Homeowners Association. Acting City Administrator Robbins pointed out that the gas and water utility lines are underground. If the fences are moved to the centerline and repairs to the underground lines are needed, the fences will have to be removed. He suggested that consideration be given to whether or not the utilities would have to be moved before notification letters are sent to the homeowners. Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding the objections of the utility companies to the proposed alley vacation. Council Member Pope-Ludlam 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 and directed to terminate the proceedings relative to the proposed vacation of the alleys located between 28th Street and Cajon Boulevard and between Medical Center Drive and California Street. . 18 3/20/89 . RECONSIDERATION OF RESOLUTION - CONTRACT _ MARINA CONTRACTORS, INC. - CONSTRUCTION AT SECCOMBE LAKE STATE URBAN RECREAION AREA (CONTINUED FROM EARLIER IN THE MEETING) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the proposed resolution concerning a contract with Marina Contractors, Inc., for construction of Seccombe Lake State Urban Recreation Area, Phase I-B, which was discussed earlier in the meeting and continued to later in the afternoon session, be reconsidered. (See Page 12) (20) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the proposed resolution be considered at this time. RES. 89-85 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MARINA CONTRACTORS, INC., FOR CONSTRUCTION OF SECCOMBE LAKE STATE URBAN RECREATION AREA, PHASE I-B . (20) . City Attorney he has reviewed Contractors, Inc., the resolution. Penman answered questions, stating that the original contract with Marina and is satisfied with the provisions of Council Member Flores made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 89-85 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 At 10:40 a.m. Council Member Estrada left the Council Meeting. CITY ATTORNEY PENMAN EXCUSED At 10:40 a.m., City Attorney Penman left the Council Meeting and was replaced by Assistant City Attorney Brue. REQUEST TO REDUCE PURCHASE PRICE KELLOGG LIBRARY - REV. ELIJAH SINGLETARY In a memorandum dated March 16, 1989, the Ways and Means Committee recommended denial of the request of Yvonne Everett & Tamar io Funn (daughters of Rev. Singletary) to reduce the purchase price of the Kellogg Library located at 1320 Muscott Street. (S-l) . 19 3/20/89 . In Penman, sale of a letter dated February 10, provided Legal Opinion No. the Kellogg Library. 1989, 89-3, City Attorney concerning the Rev. Singletary explained the reasons for the continuance of this matter, stating that he still does not have financing in place. He stated that he has a commitment from an individual who would assure a loan if the purchase price was reduced by $25,000. He stated that extensive improvements have been made to the building at the encouragement of the Redevelopment Agency, and that a picture of his building had been published in the Redevelopment Agency's Volume 12 in July 1987. Acting City Administrator Robbins answered questions regarding whether the lease payments in the agreement are current. . Assistant City Attorney ment is due to expire and concerning Rev. Singletary's the purchase pr ice based on made to the building. Brue stated that the agree- explained the legal issue request for a reduction in the amount of improvements Assistant City Attorney Brue provided the following legal opinion: "...The offsetting of the purchase price is a gift of which the City does not derive any benefits, it is not given for a public purpose, then the analysis must turn to who does it directly aid. In this context, the aid is directly and clearly to the lessee, a church, who then purchases the property for a reduced amount. No benefit, direct or indirect, inures for a public purpose. Clearly, the prohibition in Article 16, Section 5 of the State Constitution would prevent what must be considered a grant of aid to a church organization. It is, therefore, the conclusion of this office that the lease and sale of the property is permissible, but that an offset in the purchase price by the cost of the improvements made is prohibited by Article 16, Section 5 of the State Constitution." Assistant City Attorney Brue stated that there are no problems with the lease or with the bid process. . 20 3/20/89 . A discussion ensued regarding the decrease in crime in the area, since Mr. Singletary took over the building. Assistant City Attorney Brue stated that there are no problems with the improvements made to the building. The problem is that the Ci ty cannot legally issue a grant to aid a church or grant a reduction in the purchase price of the library. Assistant City Attorney Brue offered several suggestions of alternative financing such as obtaining a loan from the Redevelopment Agency, Community Development Department or from other outside lending institutions. A discussion ensued regarding Rev. Singletary being given another opportunity to look for financing. Rev. Singletary referred to have received assistance from questions regarding the amount of other organizations that the City and answered his lease payments. Assistant City Attorney Brue answered questions re- garding the agreement being extended for another 30 or 60 day period to enable Rev. Singletary an opportunity to obtain financing. . Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that a 90- day extension be granted to the agreement. A discussion ensued regarding the possibilty of a five-year extension to the agreement with Rev. Singletary. Rev. Singletary answered questions stating that he has exhausted all methods of obtaining financing and described the difficulties of trying to find financing for a church organization. Council Member Pope-Ludlam made a substitute motion, seconded by Council Member Miller, that a 90-day extension be granted to Rev. Singletary in order for Council Member Pope-Ludlam to work with him and the community to see what can be done; and that the church continue to make monthly payments. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly,Maudsley, Pope-Ludlam, Miller. Noes: Council Members Flores, Minor. Absent: None. . 21 3/20/89 . COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - REGULAR MEETING The Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order at 11:00 a.m., by Chairman Wilcox in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ASSISTANT CITY ATTORNEY BRUE EXCUSED Assistant City Attorney Brue left the Council Meeting and was replaced by Senior Assistant City Attorney Barlow. RECESS MEETING - CLOSED SESSION COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY At 11:35 a.m., Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the meeting recess to Closed Session pur- suant to Government Code 54956.9(c), to confer with its attorney regarding pending litigation so that the Commission may decide whether to initiate litigation. (R-6) RECESS CLOSED SESSION At 11:43 a.m., the Closed Regular Meeting of the Community Redevelopment Agency of the City Session recessed to the Development Commission/ of San Bernardino. . RECONVENE MEETING - COMMUNITY DEVELOPMENT COMMISSION REDEVELOPMENT AGENCY At 11:43 a.m., Chairman wilcox called the Regular Meeting of the Community Development Commission/Redevelop- ment Agency 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 Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, Deputy City Clerk Lang, Acting City Administrator Robbins. Absent: None. RECESS MEETING At 11: 43 a.m., Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the meeting recess to the Luncheon Workshop in the Management Information Center. RECONVENE MEETING - LUNCHEON WORKSHOP At 12:20 p.m., Mayor Wilcox called the Luncheon Workshop to order in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "0" Street, San Bernardino, California. . 22 3/20/89 . ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. City Attorney Penman, Deputy City Clerk Copeland, Acting City Administrator Robbins. Absent: Council Member Estrada. BOARD OF WATER COMMISSIONERS - DISCUSSION ON PROVISIONS OF SEWER SERVICE OUTSIDE CORPORATE LIMITS OF CITY - (CONTINUED FROM JANUARY 17, 1989) This is the time and place continued to for consideration of the Board of Water Commissioners' report concerning the current and future sewer capacity at the Wastewater Treatment Plant for allocation to property outside the corporate boundaries of the Cities of San Bernardino and Lorna Linda, and the area annexed to the East Valley Water District. (21) . In a report dated February 28, 1989, entitled "City of San Bernardino Wastewater Treatment Plant Current and Future Capacity" the current and future capacity of the Wastewater Treatment Plant and land uses within the plant's projected service area by the year 2000, was reviewed. The report stated that the Federal and State grant agreements entered into in 1985 to provide funding for the Sol ids Handl ing Improvemen t proj ect, incl ude the condition that the City operate its treatment works as a coordinated regional facility, providing service on a fair and equitable basis in accordance with guidelines and regulations of the State of California Water Resources Control Board. This condition has led into various interpretations of the City's sphere of influence of the "coordinated regional facility". Ci ty Attorney Penman reported on the handouts concerni ng the Ci ty provid ing sewer unincorporated areas: following service to 1. A letter dated November 3, 1987, in which Frank E. Peters, WRC Financial Management Analyst of the State Water Resources Control Board, Division of Clean Water Grants, P.O. Box 100, Sacramento, CA 95801, stated that under the conditions of the City's grant, the City agreed to operate their facility as a regional plant providing service to users on a fair and equitable basis. Any re- quirement that does not directly affect the operation of the facility (including annexation) is not allowed. . 23 3/20/89 . 2. A newspaper article from The Sun dated November 23, 1988, by Patrick McGreevy, entitled San Bernardino Violates State's Rules on Sewer Grant-City Has Refused Hookups to Unincorporated Areas; City Attorney Penman stated that if the letter from Mr. Peters is correct, then the City could be placed in a position for a lawsuit and be required to repay the $7.8 million grant; 3. A letter dated March 3, 1989, Baetge, Executive Director, State Water Board, P.O. Box 100, Sacramento, CA responses to the following questions: in which James W. Resources Control 95801, provided 1. Is the City required to serve all users within the service area? 2. Is the City required to serve all users within the projected service area? 3. Can the City impose conditions on the service? . City Attorney Penman stated that a copy of a petition filed by the City of San Luis Obispo concerning the issue of annexation was also included with the letter from Mr. Baetge. He further stated that annexation as a condition of service to new developments in the unincorporated area may be a reasonable condition to providing sewer service. In a memorandum dated March 20, 1989, Diane Catran Roth, Deputy City Attorney, provided the following legal opinion concerning whether the City can require annexation as a condition of sewer service: "As a Clean Water Grant recipient, the City is required to use grant funded capacity to serve project area users on a fair and equitable basis. Once the grant funded capac i ty has been expended, the City is under no further obligation to use local funds to serve unincorporated areas which are not provided for under a JPA. The City may impose reasonable conditions to providing service, and requiring annexation may under some circumstances be reasonable. The City should look at each request on an individual basis to determine what conditions, if any, should be imposed." . 24 3/20/89 . City Attorney Penman stated that as a result of the findings and conclusions of the State Water Resources Control Board in the case of the City of San Luis Obispo, the chances of having to repay the $7.8 million grant has been erased. City Attorney Penman answered questions regarding the history of sewer service in the Bryn Mawr area. Herb Wessel, General Manager of the Water Department, stated that a report has been prepared to analyze the current and future Wastewater Treatment Plant capacity. As a result of the decision of the State Water Resources Control Board, Bernie Kersey, Director of Administration and Finance, has prepared a new concept report dated March 17, 1989, outlining the requirements for outside City sewer service. City Attorney Penman stressed that the possibility remains of a lawsuit independent of the State Water Resources Control Board, and referred to a portion of the legal opinion prepared by Diane Catran Roth, Deputy City Attorney, dated March 20, 1989, as follows: . " .While the State Water Resources Control Board (SWRCB) has taken a position that annexation as a condition to providing service may be reasonable, it is not an absolute position, and it may not be the position that a court would take in a particular lawsuit. It is conceivable that a lawsuit may be filed by one to whom service has been denied, and the issue will then be before the courts, not the SWRCB. Although it is difficult to imagine a scenario in which a court would force a City to use its own local resources to prov ide a serv ice to an area outside of its jurisdictional boundaries, it is possible that conditions may exist which require that result. From a legal standpoint, it is more sound to take the position taken by the SWRCB -- that we will examine each request on an individual basis -- than to take an absolute position." Herb Wessel answered questions regarding whether the grant funded capacity has been expended, stating that approximately 99% of the funds have been expended and that remaining funds are totally obligated. Ci ty Attorney Penman advised thorough documentation of how the used, in the event of a lawsuit. staff of the need for grant funds are being . 25 3/20/89 . Herb Wessel stated that the is behind schedule, but with Treatment Upgrade, he anticipates on schedule very soon. solids handling project the 3.5 MGD Secondary the project being back He stated that a joint project of the Cities of Colton and San Bernardino for a rapid infiltration extraction project to meet the requirements of tertiary water treatment has been approved. City Attorney Penman stated that Item 4 of Bernard Kersey's report dated March 17, 1989, relating to sewer service availability to property located outside the corporate city limits when water quality problems exist, such as failed septic/cesspool systems, would save the City a lot of legal problems. Bernard Ker sey stated tha t sewer service in cases where the failed in order homes. the Ci ty septic has provided systems have A discussion ensued regarding the cost for hookup service to the City's sewer system. . MAYOR WILCOX EXCUSED At 12: 45 p.m., Mayor Wilcox Meeting. left the Luncheon Herb Wessel explained that the new concept report dated March 17, 1989, only addressed charges for the Water Department over a four (4) year period of time. City Attorney Penman advised Council of a potential source of litigation concerning the letter from Mr. James Baetge, Executive Director, State Water Resources Control Board, dated March 3, 1989, on the use of grant funds. Herbert B. Wessel answered questions regarding the responsibility of cost for City sewer connection. A discussion ensued regarding the cost for sewer capacity rights. City Attorney Penman explained that if the City used the grant-funded capaci ty for needs other than those for which the capacity was provided, the State Water Resources Control Board would expect the City to provide equivalent capacity to serve users within the design service area who are experiencing water quality problems. . 26 3/20/89 . He pointed out that the State Water Resources Board only expects the City to provide this service, and that it is not a written requirement of the grant. A discussion ensued regarding the San Bernardino Water Board to issue permits. authori ty of the sewer connection City Attorney Penman stated that in cases where sewer connection permits are issued by the Water Board, the City would be responsible for providing the sewer service. Roger Hardgrave, 0 irector of Public Works/Ci ty Engineer, explained the process that a developer undergoes when attempting to install a sewer system. He suggested one way of using annexation as a lever would be through the cooperation of the County requiring developers to hook up to the City's sewer system. for City A discussion ensued regarding development of single-family sewer hookups. the zoning requirements residences requesting . Roger Hardgrave stated that the County developed a growth management plan that strongly encourages annexation within islands. Brad Kilger, Director of Planning, stated that annexation is also considered in the General Plan. Bernard Kersey stated that the City of Redlands passed an ordinance requiring the connection of any outside city sewers to be in compliance with the City's General Plan. Brad Kilger stated that in some cases the City has recommended lower zoning densi ties than the County. Some of the County's designations are extremely outdated. He suggested that the City and County get together and work out a range of service land use issues that are in the unincorporated area. No formal action taken. . ADJOURN MEETING At 1:05 p.m., Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the luncheon workshop be adjourned to the Regular Meeting of the Mayor and Common Council at 2: 00 p.m., in the Counc i 1 Chamber s of Ci ty Hall, 300 North "0" Street, San Bernardino, California. 27 3/20/89 . At 2:02 p.m., Mayor Wilcox called the Regular Meeting of the Mayor and Common Council of the City of San Bernardino to order in the Council Chambers, City Hall, 300 North liD" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman, Acting City Administrator RObbins, Deputy City Clerk Lang. Absent: Council Member Pope-Ludlam. RECESS MEETING - CLOSED SESSION At 2: 02 p.m., Council Minor made a motion, seconded by Council Member Miller and unanimously carried, that the Common Council recess to Closed Session to confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(c), so that council may decide whether to initiate litigation. (33) . CLOSED SESSION At 2:02 p.m., Mayor wilcox called the Closed Session to order in the Conference Room, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman, Deputy City Clerk Lang, Acting City Administrator Robbins. Absent: Council Member Pope-Ludlam. Also present were: Deputy City Attorney Empeno, Brad Kilger, Director of Planning, Jim Richardson, Deputy City Administrator/Development. COUNCIL MEMBER POPE-LUDLAM ARRIVED At 2:07 p.m., Council Member Pope-Ludlam arrived at the Closed Session. ADJOURN CLOSED SESSION At 2: 25 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 2:25 p.m., Mayor Wilcox called the Regular Meeting to order in the Council Chambers, City Hall, 300 North liD" Street, San Bernardino, California. . 28 3/20/89 1- . ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, Deputy City Clerk Lang, Acting City Administrator Robbins. Absent: None. STATE PROJECT - SECOND AFTERBAY AT DEVIL CANYON POWER PLANT IN VERDEMONT - REQUEST TO DELAY OR STOP CONTINUED FROM MARCH 13, 1989 This is the time and place continued to for consideration of a request to delay or stop the State Project on the second afterbay at Devil Canyon Power Plant in Verdemont. (27) Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the matter relative to a request to delay or stop the State Project on the second afterbay at Devil Canyon Power Plant in Verdemont, be continued to April 3, 1989, at 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . ADOPTION OF DEVELOPMENT CODE WORK PROGRAM In a memorandum dated March 2, 1989, Brad L. Kilger, Director of Planning, explained that the Development Code Work Program outlines a program for revising the City's Title 19, Zoning Code, to make it consistent with the new General Plan. (28) Brad Kilger answered questions frame and cost estimates associated Development Code Work Program. regarding wi th the the time proposed He stated that it is his goal, after the first 6 to 9 months after the adoption of the Development Code Work Program, to come back before the Council with the initial land use districts tied back to the General Plan, and to have the overall adoption of the development code completed by the end of Fiscal Year 1989-90. Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the attached Development Code Work Program, be adopted. SCAG REGIONAL HOUSING NEEDS ASSESSMENT REPORT In a memorandum dated February Director of Planning, provided a Southern California Associated 20, 1989, Brad Kilger, report concerning the Governments (SCAG), . 29 3/20/89 . Regional Housing Needs Assessment (RHNA) and recommended that the City pursue a reduction in the number of housing units that it is required to provide according to the State Department of Housing and Community Development. (29 ) In a letter dated December 19, 1988, Jim Minuto, Manager of the Housing Program for Southern California Association of Governments (SCAG), provided a copy of the final recommendations made to the SCAG Executive Committee from the RHNA. The ir recommendation concerni ng the Ci ty of San Bernardino was: "Because adequate potential sites are available, the requested reduction of future need from 8,021 to 5,553 units was denied. The physical and fiscal constraints to this level of development, however, are valid bases for revisions to the local housing element and SCAG will support the jurisdiction in seeking approval of this revision from the State Housing and Community Development." Brad Kilger stated that a draft version of the housing element has already been submitted to the State Housing Community Development, as required by law, and that follow-up letters of the City's intent are being sent to the State Housing Community Development. . Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that the report from the Director of Planning regarding the SCAG Regional Housing Needs Assessment, be received and filed; and that staff be directed to pursue reduction of the number of housing units that the City should provide with the State Department of Housing and Community Development. RECESS MEETING - CLOSED SESSION At 2:29 p.m., Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the Common Council recess to Closed Session under the following Government Code Sections: Section 54957.6 - to meet with its Designated Repre- sentatives regarding labor relations matters; (30) Section 54957 - to consider personnel matters; (31 ) Section 54956.9 (b) (1) - to confer with regarding pending litigation, as there is exposure to litigation; its attorney significant (32 ) . 30 3/20/89 ,- . Section 54956,8 - to give instructions to the City's negotiator regarding negotiations with Spirit Baseball Club concerning the purchase/sale/exchange/lease of the property located at Fiscalini Field; (S-3) Section 54956.9(a) to regarding pending litigation formally and to which the City confer with its attorney which has been initiated is a party as follows: (34 ) City of San Management, Inc., Case No. 238755; Bernardino vs. California Construction et al - San Bernardino Superior Court Saldecke, et al vs. City of San Bernardino, et al -San Bernardino Superior Court Case No. 236836; Cable Lake Association vs. City of San Bernardino -San Bernardino Superior Court Case No. 239714 and Case No. 239649; City of Club, Inc., 239193; San Bernardino vs. San Bernardino Baseball San Bernardino Superior Court Case No. . Stubblefield Construction Company, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 232998; Juan Manuel Sanchez vs. City of San Bernardino -United States District Court Case No. CV87-2291 AWT (Bx); Char les H. Brown vs. City of San Bernardi no - San Bernardino Superior Court Case No. 243087; Sock Dawson, et al vs. City - United States District Court - (RWRx) ; of San Bernardino, et al Case No. SA 88-461 AHS 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; . 31 3/20/89 . City of San Bernardino vs. County of San Bernardino _ San Bernardino Superior Court Case No. 242168; County of San Bernardino, et al Quality Management District, et al Fourth Appellate District, Division Two, vs. South Coast Air Court of Appeal, Case No. E4562; People of Char, et al 244524; the State of California vs. Wai-To Samson San Bernardino Superior Court Case No. Arriaga vs. City of San Bernardino - San Bernardino Superior Court Case No. 247466; Whittaker vs. City of San Bernardino - San Bernardino Superior Court Case No. 238417; Daub/Gordon vs. City of San Bernardino - San Bernar- dino Superior Court Case No. 242433; Fink vs. City of San Bernardino - San Bernardino Superior Court Case No. 237134. . CLOSED SESSION At 2:29 p.m., Mayor Wilcox called the Closed Session to order in the Conference Room of the Council Chambers in City Hall, 31313 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, Deputy City Clerk Lang, Acting City Administrator Robbins. Absent: None. Also present were: Assistant City Attorney Brue, Deputy City Attorney Wilson. PERSONNEL DIRECTOR JOHNSON ARRIVED At 2:48 p.m., Gordon Johnson, Director of Personnel, arrived at the Closed Session. SUPERINTENDENT OF At 2: 49 p.m., Recreation, arrived at RECREATION KRAMER ARRIVED John Kramer, Super intendent the Closed Session. of DEPUTY CITY ATTORNEY WILSON EXCUSED At 3:18 p.m., Deputy City Attorney Wilson left the Closed Sessions. . 32 3/213/89 . ADJOURN CLOSED SESSION At 3: 513 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council. RECONVENE MEETING At 3:513 p.m., Mayor Wilcox called the Regular Meeting of the Mayor and Common Council of the City of San Bernar- dino to order in the Council Chambers of City Hall, 31313 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following present: Mayor Wilcox; Council Members Estrada, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Attorney Penman, Deputy City Clerk Lang, Acting Administrator Robbins. Absent: None. being Reilly, City City Also present was Steve Dukett, Executive Director of Redevelopment Agency. . COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - REGULAR MEETING (Continued from earlier in the meeting) (See Page 22) The Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order by Chairman wilcox in the Council Chambers of City Hall, 31313 North "0" Street, San Bernardino, California. The balance of Commission/Redevelopment this time. the Agency Community Agenda was Development discussed at ADJOURN MEETING At 4: 113 p.m., Council Member Flores made a motion, seconded by Council Member, Rei lly and unanimously carried, that the Regular Meeting of the Mayor and Common Council be adjourned to 9: 1313 a.m., Saturday, April 1, 1989, in the Council Chambers of City Hall, 31313 North "0" Street, San Bernardino, California. (35) ~/7"?@4-1b /' Ci ty Clerk No. of Items: 42 No. of Hours: 6 . 33 3/213/89