Loading...
HomeMy WebLinkAbout06-06-1988 Minutes City of San Bernardlno, Californla . June 6, 1988 The Regular Meetlng of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Wilcox at 9:10 a.m., Monday, June 6, 1988, in the Council Chambers of Cl ty Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Phil Arvizo, Executlve Asslstant to the Council. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councll Member Maudsley. ROLL CALL Roll Call was taken by City Clerk Clark wlth the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Sr. Assistant City Attorney Barlow, City Clerk Clark, Deputy City Admlnlstrator Robbins. Absent: None. . PROCLAMATION - CHIROPRACTIC WELLNESS WEEK - JUNE 11 - 17, 1988 Rlchard Bennecke, Executive Assistant to read a proclamation of the Mayor of the Bernardino designatlng the week of June 11 1988, as Chiropractic Wellness Week In the Bernardlno. the Mayor, CHy of San to June 17, City of San (A) The followlng Chiropractic accept the proclamation: John Augustine Amerigo, LUls Marquez, Doctors were present to Buehler, Rae-Hunt Sharp, Robert DeLuca. COMMENDATION - LARK MILLER - PEER COUNSELOR OF THE YEAR Mayor Wllcox read a commendatlon honoring Lark Mlller of San Gorgonlo High School, as this year's Distlnguished Peer Counselor of the Year awarded by the State of Callfornia. (A) Lark Mlller was present to accept the commendatlon. . CALIFORNIA CONSERVATION CORPSMAN OF THE MONTH - ART SEGOVIA Greg Garcla, Special ProJects Coordlnator, Mayor's Office, introduced Art Segovia, California Conservation Corpsman of the Month, and explained the fine work he had done in the renovatlon of Rio Vista Park. as well as malntenance of the parklng structure. IA) - 1 - 6/6/88 Mr. Segov1a accepted the award from Mayor Wilcox. . APPOINTMENT - FINE ARTS COMMISSION - HARRY MURRAY - MAYOR'S APPOINTEE Pursuant to a memorandum dated April 15, 1988, from Mayor Wilcox, Counc1l Member M1nor made a motion, seconded by Counc1l Member Flores and unanimously carried, to approve the appointment of Harry Murray, 4139 Newport Court, San Bernardino, CA 92404, to the Fine Arts Commission, as a representat1ve of the Mayor. (B) APPOINTMENT - COMMUNITY DEVELOPMENT CITIZEN ADVISORY COMMITTEE - SHIRLEY BERRY FOSTER - SIXTH WARD Pursuant to a memorandum dated May 19, 1988, from Mayor Wilcox, Council Member Miller made a mot1on, Eeconded by Counc1l Member Flores and unanimously carr1ed, to approve the appointment of Shirley Berry Foster, 1148 Tia Juana Street, San Bernardino, CA 92411, to the Community Development C1tizen Adv1sory Committee, as requested by Counc1l Member Pope-Ludlam. (B) City Clerk Clark administered the Oath of Office to Ms. Foster. . PUBLIC COMMENTS - FRANCIA WHITE FranC1a White, 9th Street, San Bernard1no, asked to glve her five minutes to The Sword, but was informed by Mayor Wilcox that each person would have to use the1r own allotted time. (C) Sr. Assistant C1ty Attorney Barlow stated that there 1S no requ1rement that the Council allow those who w1sh to speak to accumulate the1r time for use by others. PUBLIC COMMENTS - THE SWORD The Sword, Commander-in Chief of the House of Y1ng, introduced The Cheetah, a homeless person, and gave his military background. He also urged the eradication of all abuse to humans and an1mals. IC) PUBLIC COMMENTS - FRANCISCO GOMEZ Francisco Gomez, a member of the San Bernardino Plann1ng Comm1ssion, objected to the commendation given by Mayor Wilcox to Minister Louis Farrakhan. The objection was based on religious grounds. IC) Mayor wilcox expla1ned that the commendation had been given to the United Black Students Assoc1ation of Southern :al1fornia who had organized a weekend event dedicated to f1ght drug abuse and gang v1olence. Minister Louis Farrakhan had been invited to speak at th1S event. . - 2 - 6/6/88 . APPROVE MINUTES - MAY 4, 1988 Council Member Pope-Ludlam made a motlon, seconded by Council Member Miller and unanlmously carried, that the mlnutes of the meetlng of the Mayor and Common Councll of the City of San Bernardlno held on the 4th of May, 1988, ~e approved as submltted ln typewritten form. (1) APPROVE MINUTES - MAY 6, 1988 Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanlmously carried, that the minutes of the meeting of the Mayor and Common Council of the City of San Bernardlno held on the 6th of May, 1988, be approved as submltted ln typewrltten form. (1) APPROVE MINUTES - MAY 16, 1988 Council Member Pope-Ludlam made a motion, seconded by Council Member Mlller and unanlmously carried, that the minutes of the meetlng of the Mayor and Common Council of the Clty of San Bernardino held on the 16th of May, 1988, be approved as submltted in typewrltten form. (1) . AYSO PARK - CHANGE ORDER NO. ONE - INSTALLATION OF FIELD LIGHTING - REPAIR LIGHT FIXTURES - DAVID RICHARDS CONSTRUCTION In a memorandum dated May 19, 1988, Roger Hardgrave, Dlrector of PubllC Works/City Engineer, explained the background of the need for Change Order No. One to the contract with David Richards Constructlon for the lnstallation of fleld lighting at AYSO Park. He stated that eleven lenses and one fixture had been damaged by vandals. (4) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that Contract Change Order No. One, authorizing the contractor to repair vandalized llght flxtures, for a net lncrease in the contract prlce of $666.82, from $77,212.00 to $77,878.82, be approved; and that the work performed by the contractor, ln accordance with Plan No. 7099 lnstallatlon of fleld lighting at AYSO Park, be approved and accepted; and that final payment be authorized at the explratlon of the lien perlod. IMPROVEMENT OF GRADE CROSSING NO. 2-83.9 ON PEPPER AVENUE - FINDING OF NEED FOR HEALTH AND SAFETY REASONS In a memorandum dated May 18, 1988, Roger Hardgrave, Dlrector of Public Works/Clty Engineer, stated that the crossing on Pepper Avenue wlth the Santa Fe Railway, south of Rialto Avenue, will be lmproved by lnstallatlon of flashing llghts and automatlc gates. (5) . Council Member Pope-Ludlam made a motlon, seconded by Councll Member Miller and unanlmously carrled, that a ~ - ~ - 6/6/88 . finding be 2-83.9 on reasons. made that the improvement of Grade Crossing No. Pepper Avenue lS needed for health and safety INSTALLATION OF TRAFFIC SIGNALS - 40TH STREET AND MT. VIEW AVENUE - FINDING OF NEED FOR HEALTH AND SAFETY REASONS - ADOPTION OF NEGATIVE DECLARATION In a memorandum dated May 17. 1988, Roger Hardgrave, Dlrector of Public Works/City Englneer, stated that the traffic at the intersection of 40th Street and Mt. Vlew Avenue has increased substantially due to developments ln the area and traffic signals are now needed to assign right-of-way for approaching vehicles. (6) Council Member Pope-Ludlam made a motion, seconded by council Member Miller and unanimously carried, that a =inding be made that the installation of traffic signals at 40th Street and Mt. View Avenue, in accordance wlth Plan No. 7382, is needed for health and s~fety reasons. Council Member Pope-Ludlam made a motlon, seconded by council Member Miller and unanimously carried, that the Negative Declaration for Public Works Project 88-1, the lnstallation of traffic slgnals at 40th Street and Mt. View Avenue, ln accordance wlth Plan No. 7382, be adopted. . CENTRAL CITY MALL - INSTALLATION OF SKYLIGHTS - SCC GENERAL CONTRACTOR - APPROVAL AND ACCEPTANCE OF WORK In a memorandum dated May 16, 1988, Roger Hardgrave, )irector of PubllC Works/Clty Engineer, stated that the lnstallation of skylights in the Central City Mall by SCC General Contractor had been satlsfactorily completed as of May 6, 1988. The final contract price was the actual low bid prlce of $31,828.00. (8) council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the work performed by the contractor for furnishing and lnstalling skylights at Central City Mall, ln accordance with Plan No. 7336, be approved and accepted; and that final payment be authorized at the expiration of the lien period. INSTALLATION OF TRAFFIC SIGNALS AND DRAINAGE IMPROVEMENTS - DEL ROSA DRIVE AND NINTH STREET - ADOPTION OF NEGATIVE DECLARATION In a memorandum dated May 19, 1988, Roger Hardgrave. jirector of Public Works/City Englneer, stated that the Environmental Review Committee had recommended adoption of ~ Negatlve Declaration for Public Works Project No. . - 4 - 6/6/88 . 88-11, installation of trafflc slgnals lmprovements at Del Rosa Drive and Ninth comments from the public were recelved. and dralnage Street. No (101 Councll Member Pope-Ludlam made a motion, seconded by Council Member Mlller and unanimously carried, that the Negatlve Declaration for the installation of traffic signals and drainage improvements at Del Rosa Drlve and Ninth Street, Public Works ProJect No. 88-11, be adopted. INSTALLATION OF TRAFFIC SIGNALS AND DRAINAGE IMPROVEMENTS - DEL ROSA AND NINTH STREET - FINDING OF NEED FOR HEALTH AND SAFETY REASONS In a memorandum dated May 10, 1988, Roger Hardgrave, Director of Publlc Works/Clty Engineer, explained that traffic slgnals were warranted at Ninth Street upon completlon of the project to extend Del Rosa Drlve to Baseline Street. Installation of trafflc signals will lmprove the safety and trafflc flow of this intersectlon. (11 ) Council Member Pope-Ludlam made a motion, seconded by Councll Member Miller and unanlmously carried, that a flndlng be made that the installation of traffic signals and dralnage lmprovements at the intersection of Del Rosa Drlve and Ninth Street, In accordance with Plan No. 7348, lS needed for health and safety reasons. . REQUEST TO ADDRESS MAYOR AND COMMON COUNCIL - TONY MEZA, VICE PRESIDENT, PACIFIC SCENE, INC. - PAYMENT OF ADDITIONAL STORM DRAINAGE FEES In a letter dated May 5, 1988, Tony Meza, Vlce President, Pacific Scene, Inc., protested the impositlon of additional fees by the City of San Bernardino under Section 65913.5 of the Government Code. The reason for the protest is in part due to the imposition of Res. 68-114 regarding storm dralnage fees, which would be assessed on all lndustrial and commercial developments. He stated that Victoria Industrial Park is being assessed an additional $10,130.60 in storm water drainage fees, and he felt these fees were lmproperly and illegally imposed. ( 12 ) Councll Member Pope-Ludlam made a motion, seconded by Councll Member Mlller and unanimously carried, that the request of Tony Meza, Vice Presldent of Pacific Scene, Inc. to address the Mayor and Common Councll relatlve to the payment of additional storm dralnage fees, be heard on June 20, 1988, at 9:30 a.m. . CLAIMS AND PAYROLL Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the clalms and payrolls and authorization of issuance of - 5 - 6/6/88 . warrants as listed on the memorandum from the Director of Flnance be approved as follows: (13) 1. Approve the register of demand dated: May 12, 1988 May 17. 1988 87/88 #42 87/88 #43 $1,483,492.02 1,000,548.41 2. Approve the total gross payroll for the period April 25, 1988, through May 8, 1988, in the amount of $1,463.361.56. PERSONNEL ACTIONS Council Member Pope-Ludlam made a motion, seconded by council Member Miller and unanimously carried, that the Personnel Actions submitted by the Director of Personnel ln accordance with all administrative regulations of the City of San Bernardino, be approved and ratified as follows: (14) APPOINTMENTS Emerqency Services Margaret Chandler - Typist Clerk III - Effective June 7, 1988 . Mayo)::'1'[ Office Robert A. Carson - Conservation Crew Supervisor - Effective June 7, 1988 CUy AttQ!:-,l~' 1'[ Office Henry Empeno, Jr. - Deputy City Attorney II - Effective June 7, 1988 Planninq Department Martin E. Wllkins - Planner II - Effective June 7, 1988 ]:11,llldinq and Satet.Y DEillilTtmen.t General Building Inspector - Effectlve June 7, 1988 Joseph A. Lease Richard G. Curtze ~~bllC Worts/PubllC Buildinqs Jeanne Watson - Account Clerk I - Effective June 7, 1988 rEMPORARY APPOINTMENTS Animal Control Department . Anlmal Llcense Checker - Effective June 7, 1988 through December 6, 1988 - 6 - 6/6/88 Johnny Chavez, Jr. Stephen J. Lardi . ESlL~_E; ,R~gx~~tJ._Qn Sl'pg ~Q!lLl1L@]'TI perv]'i:_g~ Recreation Leader - Effective June 7, 1988 through December 5, 1988 Sandra J. Corbo Anlta Allen Marion L. Stoudemire John D. Valdez James D. Elder Daniel A. Marquez Michael Haight Yolanda Montes Andrea M. Taylor Stacy Cohen Uong T. Lam Sr. Recreation Leader - Effectlve June 7, 1988 through December 5, 1988 Ruben L. Jackson Richard A. Martinez, Jr. Tani L. Maine Matt A. Rootland Recreation Specialist - Effective June 7, 1988 through December 5, 1988 Linda W. Carter Leotha M. MaGee Recreation Aide - Effective June 7, 1988, through December 5, 1988 . Emmitt E. Mixon Gina M. Rootland Gabriel Soto Nicola D. Davis James R. Flores Sandra Acereto Rick K. Cruzen Lucille J. Hall Cyrus (Jack) Lemmon Rita Marquez Caprice L. Clinton Nancy Flores Trelinda D. Taylor Jannie M. Thompson Leticia T. Rodriguez Sophie Sedillo Gloria M, Davis Nikisha Y. Davis Wanda D. Green Bridgett L. Brewster Lillie A. Culberson Loreshawnta Johnson Dorian Love Gabriel Gallegos Linda M. Estrada Wilantha R. King Alphonso B. Thompson Staci Turner Summer Lunch Monitor - Effectlve June 7, 1988 through December 5, 1988 Clentis P. Flournoy Nellie Lopez Police Department Crossing Guard - Effective June 7, 1988 through December 6, 1988 . Robert Amos Jayne L. Zylman - 7 - 6/6/88 ----~~~- ---- ~~---~ ~~-~-~~-~ -~~I J:>lJj:Jlic Work~/Public Buildinqs . Custodial Aide - Effective June 7, 1988 through December 7, 1988 Jerod Bates Lori M. Suazo Jose Ramos S . B~~-1'.~iL. Summer Youth Speclallst - Effective June 7, 1988 through September 30, 1988 Maurice Gordon Dean Le Ronald G. Sample PROMOTIONS Planninq Department Vivian S. Stevens - Planner II - From Planner I to Planner II - Effective June 7, 1988 (INFORMATIONAL TO COMMON COUNCIL ONLY) Civil Service Roger DeFratis - Civil Service Board Chief Examiner - From Assistant Personnel Director to CiVll Service Board Chief Examlner - Effective April 19, 1988 . TEMPORARY PROMOTIONS Part~ftecreation and ComID~nity__~~rv~ges Melissa A. Flores - Recreation Leader - Effective June 7, 1988 through December 5, 1988 Darlene Rundquist - Sr. Recreatlon Leader - Effective June 7, 1988 through December 5, 1988 Veronica Jones - Sr. Recreation Leader - Effective June 7, 1988 through October 3, 1988 LaShandra D. Luckey - Recreatlon Leader - Effective June 7, 1988 through November 7, 1988 HIGHER ACTING CLASSIFICATION P lfmninq DepcLrtme_n t Edward L. Gundy - Principal Planner - Effective February 17, 1988 through Aprll 4, 1988 PUj:JllC Works/Public Buildinqs William Mattox - Electrlcal and HVAC Supervlsor - Effective May 30, 1988 through July 17, 1988 . - 8 - 6/6/88 MILITARY LEAVE . Public_W_Qrks/~~bli~~rldr~g~ Ronald L. III - Electrical and HVAC Supervisor - Effectrve May 30, 1988 through July 15, 1988 PROJECTED SAVINGS IN FY 1987-88 BUDGET - REPORT In a memorandum dated May 20, 1988, James E. Robbrns, l>eputy Crty Administrator, stated that the departmental savings rn the FY 1987-88 Budget anticipated by the managers and drrectors was $200,000. Attached to the staff report were three charts: BUdgeted Expendrtures; Mid-Year Budget Analysis; and Vacancy Report. (2) Deputy City Adminrstrator Robbins answered questions regarding the report and charts. Mr. Robbins agreed to provrde a report with additional ~nformation to the Mayor and Council at the meetrng scheduled for June 9, 1988, to review the proposed General Fund Budget for FY 1988-1989. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the report relative to proJected savings in the FY 1987-88 Budget be received and filed. . SENIOR CITIZENS CENTER - AUTHORIZATION TO ACCEPT GIFT - PC COMPUTER FROM SENIOR IMPACT PROGRAM In a memorandum dated May 16, 1988, Annie F. Ramos, Director of Parks, Recreation & Community Services, explained that the Senior Impact Program was funded by a Community Development Block Grant for the purpose of creatrng advocacy for low income elderly. The Committee decided that an effective method of reaching the elderly was through the use of a computer. The computer wrth program set-up and training of personnel have been offered cO the Parks, Recreation and Community Services Department for placement and operation at the Senior Crtizens Center. (3 ) Council Member Mrnor made a motion, seconded by Councrl Member Reilly and unanrmously carrred, that a correction be made rn the frrst paragraph of the memorandum from Ms. Ramos, by changing the date "6/30/86" to "6/30/88", and that the Parks, Recreation and Community Services Department be authorized to accept the gift of a computer from the Senior Impact Program for the operatron of an enhanced information and referral program at the Senior Citizens Center. . - 9 - 6/6/88 . MODIFICATION OF TRAFFIC SIGNALS ON BASELINE STREET FROM "H" STREET TO SIERRA WAY - APPROVAL OF PLANS - AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated May 18, 1988, Roger Hardgrave, llrector of PubllC Works/Clty EngIneer, explalned that plans for the modIfication of the trafflc signals on l"!sellne Street, from "H" Street to Sierra Way, have been prepared and the project lS ready to be advertlsed for lids, The total estImated project cost is $174,000, An ~~ount of $150,000 has been allocated from Federal-Aid [rban Funds, under Account No. 242-362-57659 (7) Gene Klatt, Asslstant CIty Engineer, answered questIons, stating that In this project, the Clty has a :4% obllgatlon, and FAU funds make up the other 86%. He stated that the 242 Account llsted in Mr. Hardgrave's fiemorandum lS the street Improvement account, and comes :rom a varIety of sources. Councll Member Estrada made a motlon, seconded by Council Member Rellly and unanImously carrIed, that the rlans for modlflcatlon of traffic signals on Baseline Street, from "H" Street to SIerra Way, in accordance with Flan No, 7433, be approved; and the DIrector of Public Works/Clty Engineer be authorIzed to advertise for blds . FISCALINI FIELD - INSTALLATION OF NEW LIGHTING STANDARDS - ADOPTION OF NEGATIVE DECLARATION - APPROVAL OF PLANS - AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated May 20, 1988, Roger Hardgrave, llrector of PubllC Works/City Englneer, explained that the ~nvironmental ReVlew Committee recommended adoptIon of ehe Negative Declaration for lnstallation of new lightlng standards for Flscd_lni FIeld. Plans have been prepared and the project lS ready to be advertIsed for blds. The 'otal estlmated project cost IS $107,000, with an Addltive ;.lternate "A" for $63,5U(:. (9) Gene Klatt, ASslstant City Englneer, answered yuestlons, statlng that fundlng lS avallable ln the ~ccount for the lnfield lights, but additlonal funds are needed to light the outfield, The lnfleld 15 a hlgher _rlorlty Item. Mr. Klatt stated that the Baseball ASSOCIation recommended speclflc hlgher lighting levels. When the <ource of fundlng IS ldentlfled, that condItion can be met, He stated that costs are gOlng up and he could not ~stimate wilat the cost for' the outfleld lighting would be _n the future. . - 10 - 6/6/8b . Mayor Wilcox recommended that the entire project be done at one time, and suggested the matter be continued until such fundlng could be found. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the ltem concerning lighting at Fiscalinl Field be continued to the afternoon seSSlon. (See page 43) COUNCIL MEMBER POPE-LUDLAM EXCUSED Councll Member Pope-Ludlam left the Councll Meeting. PUBLIC HEARING - JOINT COMMUNITY FACILITIES DISTRICT AGREEMENT WITH THE CITY OF COLTON - ALLEVIATE DRAINAGE PROBLEMS This is the time and place set for a public hearing to consider the adoption of a resolutlon authorizing the executlon of a Joint Community Facilities Distrlct Agreement wlth the City of Colton to alleviate drainage problems in the northwest area of Colton. (15) . In a memorandum dated May 6, 1988, James Robblns, Deputy City Adminlstrator, explalned the background regarding the request for a Joint Community Facilities Dlstrict Agreement with the City of Colton regarding drainage problems. He stated that Colton has experienced severe flooding problems in the general area south of Mill Street and east of the Southern Paciflc Railway, on property owned by the Forecast Corporation who is planning development of Tract No. 13457 in this location. The northerly half of thls property is in San Bernardino, and the southerly half lS In Colton. Mayor Wilcox opened the hearing. Verne Nadeau, Sr. Real Works/Englneering Department, been received. Property Specialist, Public stated that no protests have Mr. Nadeau explained that Colton is aSking that San Bernardino enter lnto an agreement, with Colton acting as lead agency, for a Mello-Roos District to install drainage facllities in the area south of Mill Street. He explained that the proposed agreement is acceptable to the staff, and does provide protection for the residents of the new subdivsion in San Bernardlno. They will be assessed for a period of 25 years. . Mr. Nadeau answered questions, stating that all property owners will be aware of this assessment through a legal statement provided when they acquire the homes. The 8ity would have no control of notification if the homes change ownership, but this information would appear In any escrow papers for new owners. - 11 - 6/6/88 . Leslle that it 1.5 problem In Keane, Asslstant Clty Manager of hoped that this agreement wlIl both San Bernardlno and Colton. Colton, stated solve a mutual Council Member Estrada Council Member Flores and hearing be closed. made a motlon, seconded by unanlmously carried, that the RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHOR- IZING AND DIRECTING THE EXECUTION OF A JOINT COMMUNITY FACILITIES DISTRICT AGREEMENT WITH CITY OF COLTON. (See page 16 for adoptlon of resolution) Clty Clerk Clark read the tltle of the resolutlon. Councll Member Flores made a motion, seconded by Council Member Mlller and unanlmously carried, that further readlng of the resolution be waived. RECESS MEETING At 10.06 a.m., the meetlng recessed for a five mlnute break. . RECONVENE MEETING At 10:12 a.m., the Regular Meetlng of the Mayor and Common Councll reconvened ln the Council Chambers of City Hall, 300 North "D" Street, San Bernardlno, Callfornla. ROLL CALL Roll Call was taken by City Clerk Clark wlth the followlng belng present: Mayor Wilcox: Councll Members Estrada, Rellly, Flores, Maudsley, Minor. Mlller; Sr. Asslstant Clty Attorney Barlow, Clty Clerk Clark, Deputy City Admlnlstrator Robblns. Absent: Councll Member Pope-Ludlam. JOINT COMMUNITY FACILITIES DISTRICT AGREEMENT - CITY OF COLTON - ALLEVIATE DRAINAGE PROBLEMS Earlier In the meetlng the publlC hearlng regarding a proposed JOlnt Community Faclllties Dlstrict Agreement wlth Colton to allevlate drainage problems was closea. and readlng and walvlng of the resolutlon was approved. (15 ) Mayor Wllcox stated there were two blanks In tne ?roposed agreement to be completed. The flrst blank on page 2 refers to the proportlonate share of the costs and expenses of the Citrus Street storm drain capital lmprovements, and on page 3 the blank refers to the TIaXlmUm liablllty for bonds that propertles wlthin San Bernardlno wlll be subJect to. . Le5119 Keane. Assistant City Manager of Colton, stated -1..::- 6/6/813 . that the percentage 15 probably around 50% 60%. depending on the number of homes that are bUllt ln Colton versus the number of homes that are bUllt in San Eernardino. She stated that each home wlll pay the same amount. She further explained that Section 1 of the agreement does contaln the maXlmum dollar amount that tile fan Bernardino residents will pav. Ms. Keane answered questions, statlng (1 the storm draln system exceeds the set cf Colton wlll be responslble for '~lfference . that if amount, maklng the the up cost City the COUNCIL Council 1'eet:lng and MEMb~~ ~npE-LUDLAM RETURNED Member Pope-Ludlam returned took her place at the Councll to the Table. Councll Deputy Clty At:torney Wllson answered questlons. Attorney Macken31e Brown stated hlS office had prepared the agreement. and explalned that Sectlon 7 of the agreement: established the maXlmum exposure to property cwners ln both San Bernardino and Colton. The percentage ",mount could change. dependlng on the number of Uln ts . . Ms. Keane answered questlons. statlng the bonds wlll be sold by the City at Colton. not a Joint sale wlth San Eernardlno. If there 15 any short fall. lt wlll be pald Ly Colton. She also stated that the developer lS ready to proceed wlth construction. and that an electlon must be held and an assessment dlstrlct establlshed. so there lS concern regardlng the tlme frame. Sr. Asslstant Clcy Attorney Barlow suggested that thlS G1SCUSSlon be contlnued to give Mr. Wilson and Mr. Brown 'n opportunlty to work out the detalls. Council Member Maudsley made a motlon. seconded by Councll Member Mlller and unanlffiously carrled. that the proposed agreement wlth Colton regard 109 a Joint Communlty Faclllt18s Dlstrlct Agreement be contlnued untll later in the meetlng. ISee page 16) PUBLIC HEARING - PARKING DISTRICT SECONDARY ASSESSMENT ROLL - CONSIDERATION OF ALTERNATIVES REGARDING ANNUAL PAYBACK ARRANGEMENT ThlS lS the tlme and place set for a hearlng to conslder alternatlves regardlng annual payback arrangement :or the Parklng Dlstrlct Secondary Assessment Roll. 116 ) . In a memorandum dated May 23. Asslstant to the Clty Admlnlstrator, 1988. Fred Wilson. 9ave the background - n - 6/6/88 . In a memorandum dated May 23, 1988, Fred Wilson, Assistant to the City Administrator, gave the background regarding the Parklng District Secondary Assessment Roll payback arrangement, At the publlc hearing on May 2, 1988, public testimony was heard. In response to those concerns, the Ways and Means Commlttee was requested to study the alternatlves for repaYlng the outstanding portion of the loan. The Ways and Means Committee considered a number of options, four of which were listed :n the memorandum. Mayor Wilcox opened the hearing. COUNCIL MEMBER MILLER ABSTAINED Council Member Miller stated she owned property in the area being considered, and to avoid any appearance of a conflict of interest, would not participate in the discussion. COUNCIL MEMBER MILLER EXCUSED At 10;25 a.m., Council Member Miller left the Council Meeting. Fred Wilson, Assistant to the Clty Administrator, gave the background on thls item, and explained the four alternatives that were listed in his memorandum of May 17, 1988. . George Webster, Chairman of the Central City Parklng Place Commission, stated that he supported the orlglnal paybaCk arrangement WhlCh provided that the loan was to be repaid through a property assessment of approximately 30% of the 1978 primary assessment roll. Erven Tallman, a member of the Parking Place Commisslon, and General Managlng Partner of the Tallman Building at 215 North "D" Street, stated the proposed accelerated repayment schedule would cause the 194 downtown business and property owners to lose any potential for lncrease In buslness. He asked the Council to rescind the secondary assessment and go back to the original intent. He also stated that many of the parking spaces in the district are belng used by City employees. Dick Campbell of Stockwell & Binney, 455 North "D" Street, stated they were opposed to any revlsion of the repayment schedule for the parking distrlct debt. He felt It was unfair to be burdened wlth an addltlonal assessment, and requested that the Council revert back to the original agreement. . Paul Quinton, owner of property located at Court and "E" Street, spoke agalnst the proposed repayment schedule, as he would be paying for something he is not getting. He - 14 - 6/6/88 . stated that there 1S an 1ncrease in use of parking facilities by City and County employees. He urged the Council to evaluate th1S situat10n and determine how it can be made more equ1table. Anne Harris, Project Manager for the Main Street Program, stated that business retention is one of their main concerns. The bUS1ness owners plan for the future and to accelerate payments at this time is unfa1r. She recommended that the Council leave the assessment as it 1S now and not dccelerate the payoff per1od. Harold Hoffman, 470 North "E" Street, stated that the downtown area 1S in the midst of a new Main Street Project, which will create add1t1onal expenses for some bUS1neSSeS. He asked that no additional expenses be added because business people will suffer some financ1al loss when the street is widened and blocked during construction. He urged the Council to leave the assessment as it is now. Raymond Fox, owner of property in the downtown area, stated they had been fortunate recently in getting some long term tenants in their buildings, based on present assessments. If the assessment is increased, it creates a nonprofit situation. He requested that the assessments be left as they are. . Irmi Blum, property owner on "E" Street, stated that 1t was important to attract new business owners 1n the downtown area, and it was d1fficult to do, espec1ally with additional taxes. She urged the Council to find a remedy to this situation and not increase the assessment. Council Member Estrada made a mot1on, seconded by Council Member Reilly and unanimously carried, that the hearing be closed, and the City Attorney be directed to prepare a resolut1on rescind1ng Res. 87-403, which 1ncreased the assessment for the repayment of amounts due to the General Fund from the Parking District Fund, A discussion ensued regarding the park1ng spaces by municipal employees, It that these employees make a great economic the businesses in the downtown area. use of public was p01nted out contribution to COUNCIL MEMBER MILLER RETURNED At 10:55 a,m., Council Member Miller returned to the Council Meeting and took her place at the Council Table. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. . - 15 - 6/6/88 . JOINT COMMUNITY FACILITIES DISTRICT AGREEMENT WITH CITY OF COLTON - ALLEVIATE DRAINAGE PROBLEMS IN THE NORTHWEST AREA OF COLTON This 1S the time and place cont1nued to for consideration of a Joint Community Facilities District Agreement w1th the City of Colton to allev1ate drainage problems in the northwest area of the C1ty of Colton. (See page 13) (15) Earl1er in the meeting the public hearing was closed and the discussion continued to allow Deputy City Attorney ~llson and Attorney Brown to confer on two f1gures to be 1ncluded in the agreement. Sr. Ass1stant City Attorney Barlow stated that it was determined that "approx1mately 60%" should be inserted in the blank in Section 3, page 2; and in the blank in Sect10n 6, page 3, "not to exceed $2,500,000". RES. 88-163 BERNARDINO EXECUTION DISTRICT - RESOLUTION OF THE CITY OF SAN AUTHORIZING AND DIRECTING THE OF A JOINT COMMUNITY FACILITIES AGREEMENT WITH CITY OF COLTON. Council Member Estrada made a mot1on, seconded by Council Member Flores, that said resolut1on be adopted. . Resolution No. 88-163 was adopted by the following vote: Ayes: Council Members Estrada, Re1lly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. PROTEST HEARING - ASSESSMENT DISTRICT NO. 983 - CENTRAL CITY SOUTH This 1S the time and place set for a hearing to receive protests regarding a resolution ordering the City Engineer to proceed under the 1913 Act for Assessment District No. 983 in the Central City South Area. (17) In a memorandum dated May 17, 1988, Roger Hardgrave, Director of Publ1C Works/City Engineer, explained that these proceedings regarding the Central City South Area, are a result of a request by the Redevelopment Agency to establish an assessment d1str1ct for the improvement of the Central C1ty South Area. Many meetings have been held involving City staff and interested part1es. Mayor Wilcox opened the hearing. . Verne Nadeau, Sr. Real Property Specialist, Engineering Department, stated that th1s hearing has been set to discuss the establishment of an assessment district under the 1913 Act for the improvement of the area known as Central City South, which encompasses land south of - 16 - 6/6/88 . Rialto Avenue, north of Mill Street, east of Inter-State Freeway 215, and generally west of "E" Street, includlng both slde of "E" Street. Mr. Ali Sherkat of Willdan & Assoclates explained that the Central City South Area had been divided into four ~ones: the Rialto Zone, which includes surface treatments, such as cross walks, center medlans. upgrading and inter-connecting traffic signals and a ten foot strip cf landscaping from "E" Street to the Freeway on the south side of Rialto. Another zone is the Mill Street Zone, where there hlll be upgrading and inter-connecting of traffic signals with other traffic signals in the vicinity and some surface treatment. The "E" Street Zone improvements include dlviding medians in the center of the street and extensive landscaping and entry monuments. There will also be traffic signal improvements at Mill and Rialto. The largest zone is the inter lor zone which provide for the extension of "F" Street and a 12 center medlan for both "F" and Valley Streets. There also be landscaping on both sides of the roadway. will foot wlll . Mr. Nadeau explalned that thls hearing is being held under the provisions of Chapter 12.90 of the San Bernardlno Municlpal Code to determlne whether to direct the Dlrector of Public Works to proceed with establishing the assessment district. He stated thls is not the only hearing, as there wlll be a similar hearing scheduled. Mr. Nadeau stated that each of the zones will be assessed for only that which lS of benefit to that zone. Mr. Nadeau stated that they had received protests on the "E" Street Zone amounting to 38.8965% of property cwners. The protests for the total area were 21.6311%. Mac Brown, Bond Counsel for the assessment district, answered questions regarding undergrounding utilities. Dick Campbell, representing Stockwell & Binney. read a letter from Loren Walters, President of Stockwell & Binney. He stated that the proposed benefits are minimal. and would reduce traffic and have a negatlve effect on business. He asked that the Mayor and Common Council reconsider the decision to include "E" Street In the assessment district. . William Allen. owner of property on the south side of Rialto Avenue adjacent to the Freeway. stated he wlshed to - 17 - 6/6/88 . have his property removed Froperty has been developed no economic gain to hlm. from this completely. proposal, as There would the be Raul Mercado, owner of property in this area, was opposed to the proposed assessment district, as he felt it would cost him more than the value of his property. He stated he was not against improvement and beautiflcation, tut thought the City should find another way to do it. Dr. Hugo Ferlito stated he had a dental office on fouth "E" Street which was one of the nicest buildings on the street and well landscaped. He stated that the reduced traffic flow would be a detriment to hls business and that he was being asked to pay for something that would provide no benefit to him. Ray Snell stated that he and hlS slster, Joanne Stewart, own 50,600 square feet of property located on South "G" Street. They obJected to the calculations of the assessments, in that their property had a higher rate than property owned by the Redevelopment Agency. Mr. Snell also stated that the cost of the improvements would far exceed any increase in valuatlon of the property, and would create a financial burden that could cause them to lose the property after having owned it for many years. . Courtney Buse, owner of approximately 2/3 acres on South E Street, read a letter dated June 4, 1988, in which he protested the assessment being proposed. He stated during the eleven years they have owned the property. it has not increased In value, and agreed with the Redevelopment Agency report that the proposed lmprovements will not increase the "E" Street property ';alues. Ricardo Fernandez Godard spoke against the proJect on "E" Street. as it is not known exactly what the benefits wlll be. Pierre Ferland from Carmen's Draperies, located on the southeast corner of Rlalto and "G" Street, stated their building is 24' away from the existing curb and asked what effect the proposed landscaping would have on thelr property. Verne Nadeau, Sr. Real Property Specialist, stated that there was no landscaping planned in that area, that the ten foot landscaping was planned along "F", "G", and Valley. . Bill Ashley stated he had lived on and pointed out that "E" Street wlll what is done In the lnterior area. South "E" Street, not be enhanced by - 18 - 6/6/88 . Mr. Nadeau answered questions, stating that based on a study that was made about two months ago, 1t was concluded that the increase in value for "E" Street property after the proJect is very little, if any. This is due to the tact that there is no actual construction, Just :"andscaping. Bill AShley stated it was his content1on that the value would be enhanced more without the project then with 1t. He stated that his protest is based on the negative benefits to the property and excessive costs. Gene Klatt, Assistant City Engineer, answered questions regarding the cost of 1nstalling curbs and gutters. He stated that eventually improvements will have to be installed, as that is a provision of the Municipal Code in this district because of the Overlay Zon1ng that has already been adopted. The assessment district provides an immediate financing tool. The money 1S paid w1th today's dollar and paid back during the assessment district period. . Randy Snyder, owner of property of South "E" Street, stated he had been given a handout entitled "Property Owners Information Package", prepared by the City, in which it was made very clear that property values along "E" Street would not appreciate. He protested that the proposed traffic light upgrading at Mill Street and Rialto Avenue would impact other areas, such as Norton A1r Force Base and traffic to the major malls, who are not sharing 1n the cost. Attorney R1chard Simon spoke on behalf on his cl1ents, Don Scherneck, Donald Ruben, Richards Beauty College, Mr. Byers, Southwest Metals, and Erlanger Sales Co. He stated that each of these business owners objected to the assessment district because of the inordinate financial burden for the next 15 years. These property owners do not need landscap1ng nor a center median to increase the1r profits. He felt that classifying the entlre lnterior ln one zone is very unfair, particularly to property owners on "G" Street because the bulk of improvement 1S to be the creation of a new "F" Street and Valley Street. CITY ATTORNEY PENMAN ARRIVED At 10:40 a.m., City Attorney Penman arrived at the Councll Meeting. . Bob Monroe, owner of property at 210 and 214 South "G" street, stated that he thought the increase in taxes would not be recoverable based upon the anticipated land values. He felt that what is being done is to defray the cost of improvements, with no economic benefit to the property owner. He also expressed concern about structures - 19 - 6/6/88 . presently located on "G" Street, which are not compatible with the Grand Plan. He questioned whether or not the City plans to relocate businesses in that area or use eminent t~main proceedings to obtain the property. He encouraged the Council to vote no on thls proJect. Clarence Butler, General Manager of Bekins Movlng and "torage, 134 South "E" Street, presented his formal protest to the lIH..::"_'~ion of the "E" Street zone in the overall assessment district. He felt there would be a mlnlmum, if any. beneflt to the property owners. He Etated there may be a negative effect after the lluprovements of "G" Street by reduclng traffic on "E" Street, and creating competition. He asked that "E" Street be removed from the project. Gene Gazzolla, owner of three Street, stated he couldn't see tusiness people on "E" Street assessment district. parcels on South "E" any benefits to the as a result of this . Ben Wixom, property owner of seven acres along "G" Street and Columbia, explained that he had worked on the Central City South Commlttee durlng the planning for this area. He explained the Overlay Zone which provides that the improvements have to be lnstalled. The proposed assessment district is a way to pay the costs over a 15 year period. He stated that without the assessment dlstrlct, anyone who constructs or remodels would have to pay for the entire cost of the proportionate share for the lmprovements at the time they pay for their building permits. He expressed his support for the assessment district. Francine Wlxom, a certlfied commercial real estate broker, stated that thlS area is a window to the City that has great potential for future development, but there is no way of knowing what is going In there until lnfrastructure is in place. She stated there lS a possibility of a sports arena In this area, and that the assessment district would provide an increase in property value and improvement in the quality of life in San Bernardino. Frank DiNoto, owner of elght parcels of land on "G" Street and Commerce, spoke in protest. He stated that Attorney Simon had represented him and his partner, Mr. Sherneck. and wished to add that if an owner had to put in improvements because of change of ownership in the property, he would have an option, and have the money up front. . - 20 - 6/6/88 . Mayor Wilcox stated she felt it was important to move forward with this project because it is the window to the City, and will encourage further development. Mr. Nadeau answered questions regarding the landscaping, statlng it would be within the existing right-of-way. He stated that the property owners on "E" ftreet pay only for the improvements along "E" Street, and the proportionate share of the traffic signals at Mill and Rialto. He explained that the Redevelopment Agency has indicated it would pay 50% of the assessment on "E" ftreet. Alex that the he would Saldona, a resident assessment district be unable to pay. west of "G" Street, stated would raise his taxes, which Mr. J. Gazzolla, owner of property on "E" Street, ctated there is no room for an island in the center of "E" Street, and asked where the trees were to be located. He also expressed concern that the "E" Street property owners Hould be paying for the improvements on "G" Street. John Hoeger, Development Specialist, Redevelopment j,gency, showed renderings to show improvements on "E" street and other areas. He explained that all the details are not available yet. . council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the hearing be closed; that the protests be overruled; that the finding and determination be made that public convenience and necessity requlre the formation of Assessment Dlstrict No. 983 under the provisions of the Municipal Improvement Act of 1913. RES. 88-164 - A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF AN IMPROVEMENT DISTRICT IN THE CENTRAL CITY SOUTH AREA TO COVER THE COSTS OF SAID IMPROVEMENTS, KNOWN AS ASSESSMENT DISTRICT NO. 983, AND ORDERING THE ENGINEER TO PROCEED UNDER THE MUNICIPAL IMPROVEMENT ACT OF 1913. City Clerk Clark read the title of the resolution. Council Member Miller made a motion, seconded by ':ouncil Member Minor and unanimously carried, that further reading of the resolution be waived and said resolution be 'ldopted. . Resolution vote: Ayes: No. 88-164 was adopted by the following Council Members Estrada, Reilly, Flores, - 21 - 6/6/88 . M~udsley, Minor, Miller. Member Pope-Ludlam. Noes: None. Absent: Council Mayor Wilcox requested that staff keep property owners informed regarding the proposed assessment district. RECESS MEETING At 12:20 p.m., the meeting recessed to the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. LUNCHEON WORKSHOP At 12:45 p.m., the luncheon workshop was called to order by Mayor Wilcox in the Management Information Center (MIC), Sixth Floor, City Hall. 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Mlnor, Pope-Ludlam, Mlller; City Attorney Penman, City Clerk Clark, Deputy City Administrator Robbins. Absent: None. . RECESS MEETING - CLOSED SESSION At 12:45 p.m., Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that the meeting recess to a Closed Session pursuant to Government Code Section 54956.9(a) to confer wlth ltS attorney regarding pending litlgation which has been lnitiated formally to which the City lS a party as follows: (58) ~3Jdecke, et 9,1 vs '_.<::nliL.Q.L.:2an Bernqj:'dino , ~,~ al - San Bernardino Superior Court Case No. 236836; City of ,= J.\lD,L_I.nc:. 239193. San Ber):H~.~ciino_ys. San Bernardino San Bernardino Superior Court Baseball Case No. CLOSED SESSION At 12:45 p.m., the Closed Session was called to order by Mayor Wilcox in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino,California. ROLL CALL Roll Call was taken by the City Clerk with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, Deputy :ity Administrator Robbins. Absent: None. . - 22 - 6/6/88 . Also present: Sr. Assistant City Attorney Barlow; Planning Director Siracusa. PLANNING DIRECTOR SIRACUSA EXCUSED At 1:25 p.m., Planning D~rector S~racusa left the Closed Sess~on. COUNCIL MEMBER At 1:30 p.m., Closed Session. POPE-LUDLAM EXCUSED Counc~l Member Pope-Ludlam left the ADJOURN CLOSED SESSION At 1:45 p.m., the Closed Session adjourned to 2:00 p.m., in the Counc~l Chambers of C~ty Hall, 300 North "D" Street, San Bernardino, Cal~fornia. RECONVENE MEETING At 2:01 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of C~ty Hall, 300 North "D" Street, San Bernardino, California. . ROLL CALL Roll Call was taken follow~ng being present: Estrada, Reilly, Flores, Attorney Penman, City Adm~nistrator Robbins. Pope-Ludlam. by City Clerk Clark w~th the Mayor Wilcox; Council Members Maudsley, Minor, Miller; City Clerk Clark, Deputy City Absent: Council Member GENERAL PLAN INTERIM POLICY DOCUMENT In a memorandum dated June 2, 1988, Planning Director Siracusa stated that during the Council's hearings on the Interim Policy Document, several items were discussed in deta~l but not formally acted upon. A list of these items was attached and recommended for inclusion in the Interim POlicy Document. (S-l) Mayor regarding forwarded Wilcox announced the Interim Policy to Sacramento. there is Document new information that needs to be Council Member Miller Council Member Maudsley and list of additions to the Document as presented by tabled. made a motion, seconded by unanimously carried, that the General Plan Interim Policy the Planning Department be . City Attorney Penman presented changes to the Inter~m POlicy Documents, which included the following changes: Page 9, item 23, change the last sentence to read: "The Mayor and Council find that there are only three such legally conform~ng lots of record as of May 23, 1988, that have not been built on." Page 10, Item 31, last sentence change the word "creation" to "adoption". Other changes - 23 - 6/6/88 . on pages 12 and 17 are indicated by underllning new information, and lining through deleted words. Council Member Minor made a motlon, seconded by Council Member Miller and unanimously carried, that the Interim POlicy Document pages 9, 10, 12 and 17 be approved as submitted by the Clty Attorney, and wlth the amendments noted, that said pages be inserted into the document. City Attorney Penman explalned that once the City receives the second extension, the moratorium will be Ilfted. At that time all planning decisions will be made ty the Mayor and Council and interchanges of policy documents will not have to be approved by OPR. COUNCIL MEMBER POPE-LUDLAM RETURNED At 2:11 p.m., Council Member Pope-Ludlam the Council Meeting and took her place at Table. returned to the Council DISPOSITION OF CASES FILED AGAINST THE CITY WITHIN LAST FIVE YEARS - DISCUSSION Deputy City Administrator Robbins answered questions regardlng a time-frame for discussion regarding the disposition of cases flIed against the City within the last five years. (46) . Council Member Estrada made a motlon, seconded by Councll Member Reilly and unanimously carried, that the discussion regarding the disposition of cases filed against the City within the last five years be continued to 10:30 a.m., June 20, 1988, in the Council Chambers of City Hall. 300 North "D" Street, San Bernardlno. California. CUP 86-44 - INDOOR SHOOTING GALLERY - RETAIL STORE - TRAINING FACILITY - 766 SOUTH LUGO - ROBERT L. FISHER - APPEAL OF CONDITIONS - STATUS REPORT - CONTINUED FROM FEBRUARY 15, 1988 This is the tlme and place continued to for a status report on the progress of applicant Robert Fisher in meeting the conditlons lmposed on Conditlonal Use Permit No. 86-44, an lndoor shootlng gallery, retail store and training facility at 766 South Lugo. (56) In a memorandum dated May 19, 1988, Planning Director Slracusa presented the background of Condltlonal Use Permlt 86-44, which was approved on November 5, 1986, SUbject to conditions by the Planning Commission. . Ms. Siracusa stated in the memorandum that 1988, Mr. Fisher called the Planning Department all conditions had been met and the site was inspectlon. City staff visited the site on May on May 10, and stated ready for 13, 1988. - 24 - 6/6/88 . Ms. Siracusa presented an update of the conditions, which ind1cated that there are still some that have not been met. She listed options that the Mayor and Counc1l could cJnsider, and recommended that they authorize expend1ture cf the $1,200 deposited with the City to install the 1equired improvements. Mr. Robert L. Magnum Range stated the City imposed. Fisher, owner of the San Bernardino he had completed most of the standards Ms. Siracusa answered questions, stating that if the CJunc1l authorizes the use of the deposit, any money that ~s not used woulu ~o returned to Mr. Fisher. Council Member Minor made a mot1on, seconded by Counc1l Member Estrada and unanimously carried, to authorize expenditure of the $1,200 cash deposit and have the City complete the required improvements. . CHANGE OF ZONE NO. 87-21 - FROM M-IA LIMITED LIGHT INDUSTRIAL, TO C-M, COMMERCIAL MANUFACTUR- ING AND CONDITIONAL USE PERMIT NO. 87-58 - NORTH SIDE OF COMMERCIAL DRIVE, SOUTH OF RAILROAD RIGHT-OF-WAY BETWEEN HUNTS LANE AND WATERMAN AVENUE This 1S the time and place set to consider an applicat10n filed by Applicant/Owner Project ;,dministration Team, 225 W. Hospital1ty Lane, #100, San Bernardino, CA 92408, for a change of zone from M-IA Limited Light Industrial to C-M, Commercial Manufacturing on property located on 20.5 acres located on the north cide of Commercial Drive south of the ra1lroad right-of-way between Hunts Lane and Waterman Avenue. The cpplicant/owner also requested a conditional use permit to construct a min1-storage facility/RV storage facility. ( 57) Planning Director Siracusa answered questions, stating "hat the proposed mini-storage use would be compat1ble with the surrounding area and conforms with the new 1nterim pOlicy document. Council Member Flores made a motion, seconded by Counc1l Member Minor and unanimously carr1ed, to approve the responses to comments and to adopt the Negative Jeclaration for environmental impact which has been reviewed and considered; to approve the findings and the recommendation of the Planning Commission and to direct the City Attorney to prepare the necessary amendments to :he Zoning Code. . PROTEST HEARING - STREET VACATION - PORTION OF "I" STREET, SOUTH OF HIGHLAND AVENUE This 1S the t1me and place set to hear protests on the - 25 - 6/6/88 . Etreet vacatlon of a portion of "I" Highland Avenue. Street, south of (18 ) In a memorandum dated May 12, 1988, Roger Hardgrave, Lirector of Publlc Works/City Engineer, stated that a request had been received from 50% of the adjoining f.roperty owners to vacate a portlon of "I" Street, south of Highland Avenue. He stated there appears to be no f'.lrther necesslty for that portion of "I" Street for present or future street purposes and recommended the v~cation, based on Findings of Fact that were set forth in the memorandum. Mayor Wilcox opened the hearing. RES. 88-165 - A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF "I" STREET, SOUTH OF HIGHLAND AVENUE, IN THE CITY OF SAN BERNARDINO AND RESERVING AN EASEMENT FOR SANITARY SEWER AND APPURTENANT FACILITIES, AND AN EASEMENT FOR PUBLIC UTILITIES THEREIN. City Clerk Clark read the title of the resolution. City Clerk Clark stated that no protests had been received. . Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanlmously carrled, that the hearlng be closed; that the Findings of Fact as set forth In the Staff Report from Roger Hardgrave, Director of Public Works/City Engineer, as to why a portion of "I" Street, south of Highland Avenue, lS no longer necessary for street purposes, be adopted, Councll Member Miller made a motion, seconded by Council Member Rellly and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 88-165 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Pope-Ludlam, Miller. Absent: None. by the following Reilly, Flores, Noes: None. . RESOLUTION OF THE CITY OF SAN BERNARDINO RE- NEWING 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 May 16, 1988) (19) - 26 - 6/6/88 . Council Member Pope-Ludlam made a motion, seconded by Council Member Minor and unanimously carrIed, that said resolution be continued to June 20, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San I ernardIno , California, READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of resolutions on the Council Agenda. all the Council Member Estrada made a motion, seconded by council Member Flores and unanimously carried, that further reading of all the resolutions on the Council hgenda be waived. MAYOR WILCOX EXCUSED Mayor Wilcox left the Member Maudsley assumed the Council Meeting and Council duties of Mayor Pro Tempore. RESOLUTION OF AUTHORIZING THE LOREN MC QUEEN, SERVICES. THE CITY OF SAN BERNARDINO EXECUTION OF AN AGREEMENT WITH RELATING TO CONTRACT ATTORNEY (22 ) . Council Member Pope-Ludlam made a motion, seconded by councIl Member MInor and unanimously carried, that said resolution be contInued to June 20, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 88-166 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH YOHKO KOBAYASHI-ARNETT AMENDING THE LEASE OF PARKING SPACES IN DOWNTOWN PARK- ING DISTRICT LOT #3 TO ADD FOUR ADDITIONAL SPACES THERETO. (21) Council Member Minor made a motion, seconded by '~ouncil Member Reilly, that said resolution be adopted. Resolution No. 88-166 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor. Pope-Ludlam, Miller. Noes: None. Absent: None. RES. 88-167 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH NATIONAL PAYMENT PARTNERS DOING BUSINESS AS NATIONAL PAYMENTS NETWORK, INC., RELATING TO UTILITY PAYMENT SERVICES. (23) . Council Member MInor made a motion, seconded by :ouncil Member Reilly. that said resolution be adopted. - 27 - 6/6/88 . Resolution No. 88-167 was adopted by the following vote: Ayes: Council Members Estrada. Reilly, Flores, Maudsley, Mlnor. Pope-Ludlam, Miller. Noes: None. Absent: None. MAYOR WILCOX RETURNED Mayor Wllcox returned to the Council Meeting and took her place at the Council Table. RESOLUTION OF THE CITY OF SAN BERNARDINO SUP- PORTING PROPOSED LEGISLATION FOR CONGRESSIONAL AUTHORIZATION TO LINE PORTIONS OF THE ALL AMERICAN CANAL AND THE COACHELLA BRANCH. (Con- tinued from May 16, 1988) (20) Herb Wessel, General Manager of the Water Department, answered questions and explalned the provisions of the agreement between the Metropolitan Water District and the Imperial Irrigation District regarding lining the canal for the purpose of conservlng water. Mr. Wessel stated that the resolution being considered by the Council today has his support. Mayor Wllcox stated that lmportant and thought that the was a good one. water conservation was idea of lining the canal . Mr. Wessel answered questions, understandlng that numerous agencles proposed program. The purpose is to beneficlal use. stating It was his are lnvolved In this put water to its most A discussion ensued regarding the use of the water and the provision regarding the use in perpetuity of the water by MWD. Mr. Wessel stated he did not would be given in perpetuity litigations in water matters. agree that the water because of frequent Council Member Estrada made a motion, seconded by Council Member Reilly and unanlmously carrled. that said resolution be tabled. RES. 88-168 - RESOLUTION OF THE CITY OF SAN BERNARDINO CREATING THE CIVIL SERVICE OFFICE AND ESTABLISHING THE POSITION OF CIVIL SERVICE BOARD, CHIEF EXAMINER EFFECTIVE APRIL 19, 1988. (24) . Council Member Flores made a motion, seconded by :ouncll Member Maudsley, that said resolution be adopted. - 28 - 6/6/88 . Resolution No. 88-168 was adopted by the following vote: Ayes: Councll Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. J..bsent: None. RES. 88-169 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 6413 ENTITLED IN PART "RESOLUTION . . . ESTABLISHING A BASIC COMPENSATION PLAN . . . " BY PROVIDING A PAY INCREASE FOR THE PART-TIME CLASS OF RECREATION AIDE, RECREATION LEADER, SENIOR RECREATION LEADER, COACH OPERATOR, RECREATION SPECIALIST, SUPERVISING LIFEGUARD, SENIOR LIFEGUARD AND LIFEGUARD EFFECTIVE JULY 4, 1988. (25) Council Member Flores made a motion, seconded by councll Member Maudsley, that said resolution be adopted. Resolutlon No. 88-169 was adopted by the following ~ote: Ayes: Council Members Estrada, Reilly, Flores, Haudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. . RES. 88-170 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A THIRD AMENDMENT TO AGREEMENT WITH MISSION DENTAL HEALTH PLAN EXTENDING THE TERM FOR AN ADDITIONAL TWO YEAR PERIOD AND ADDING A HIGH- OPTION GENERAL DENTISTRY PLAN WITH ORTHODONTIC BENEFITS. (26) Council Member Flores made a motion, seconded by Council Member Maudsley, that said resolutlon be adopted. Resolutlon No. 88-170 was ?ote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam, .\bsent: None. adopted by the following Estrada, Reilly, Flores, Miller. Noes: None. RES. 88-171 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUB- DIVISION PARCEL MAP NO. 11174, LOCATED AT THE NORTHWEST CORNER OF RICHARDSON STREET AND VICTORIA AVENUE, AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVE- MENTS IN SAID SUBDIVISION, WITH TIME FOR PER- FORMANCE SPECIFIED. (27) Council Member Flores made a motion, seconded by :ouncil Member Maudsley, that said resolution be adopted. . Resolution ','ote: Ayes: No. 88-171 was adopted by the followlng Councll Members Estrada, Reilly, Flores, - 29 - 6/6/88 . Maudsley, M~nor, Pope-Ludlam, Miller. Absent: None. Noes: None. RES. 88-172 - A RESOLUTION OF THE CITY OF SAN BERNARDINO GRANTING AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, OVER CITY OWNED PROPERTY LOCATED AT THE NORTHWEST CORNER OF FORTIETH STREET AND MT. VIEW AVENUE. (28 ) Counc~l Member Flores made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolut~on No. 88-172 was vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam, Absent: None. adopted by the following Estrada, Reilly, Flores, Miller. Noes: None. RES. 88-173 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A BOUNDARY FOR A POR- TION OF REDWOOD STREET, EAST OF PINE AVENUE AND DEDICATION OF SAME FOR STREET AND HIGHWAY PURPOSES. (29) Herb Wessel, General Manager of the Water Department, answered questions, stating he supported this resolut~on and that it would provide benefits to the City. . Gene Klatt. questions. Assistant City Engineer, answered Council Member Minor made a motion, seconded by Counc~l Member Maudsley, that said resolution be adopted. Resolution No. 88-173 was vote: Ayes: Council Members Maudsley, M~nor, Pope-Ludlam, Absent: None. adopted Estrada, Miller. by the follow~ng Reilly, Flores. Noes: None. RES. 88-174 - A RESOLUTION OF THE CITY OF SAN BERNARDINO GRANTING AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, OVER CITY OWNED PROPERTY LOCATED NORTH OF 21ST STREET, EAST OF VALENCIA AVENUE. (30) Counc~l Member Re~lly made a mot~on, seconded by Council Member Miller, that sa~d resolution be adopted. Resolution No. 88-174 was adopted vote: Ayes: Counc~l Members Estrada, Maudsley, Minor. Pope-Ludlam, Miller. .\bsent: None. by the follow~ng Reilly, Flores, Noes: None. . - 30 - 6/6/88 . RES. 88-175 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH WILLDAN ASSOCIATES RELATING TO THE ENGINEERING DESIGN OF WATERMAN AVENUE, REDLANDS BOULEVARD TO MILL STREET. (31) Council Member Reilly made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 88-175 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. hbsent: None. RES. 88-176 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO CHEROKEE LANDSCAPE SERVICES FOR MAINTENANCE OF LAND- SCAPING IN PORTIONS OF KENDALL DRIVE (STATE ROUTE 206); AND UNIVERSITY PARKWAY, COLLEGE AVENUE, 48TH STREET, KENDALL DRIVE (STATE ROUTE 206), NORTHPARK BOULEVARD AND LITTLE MOUNTAIN DRIVE. (Assessment Distrlct Nos. 951 & 952) (32) Councll Member Reilly made a motion, seconded by council Member Miller, that said resolution be adopted. . Resolution No. 88-176 was adopted by the following 'lote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Mlnor. Pope-Ludlam, Mlller. Noes: None. Absent: None. RES. 88-177 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MENTONE TURF SUPPLY FOR MAINTENANCE OF LANDSCAPING IN POR- TIONS OF 16TH STREET, BETWEEN MUSCOTT STREET AND CALIFORNIA STREET. (Assessment Dlstrict No. 953) (33) Council Member Reilly made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 88-177 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. . - 31 - 6/6/88 . RES. 88-178 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO CHEROKEE LANDSCAPE SERVICES FOR MAINTENANCE OF LAND- SCAPING IN PORTIONS OF AIRPORT DRIVE, VANDER- BILT WAY, HOSPITALITY LANE, CARNEGIE DRIVE. BRIER DRIVE, HARRIMAN PLACE, WATERMAN AVENUE AND TIPPECANOE AVENUE. (Assessment District Nos. 956 & 968) (34) Council Member Rellly made a motion, seconded by CJuncil Member Miller, that sald resolutlon be adopted. Resolution No. 88-178 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Pope-Ludlam, Miller. Absent: None. by the following Rellly, Flores, Noes: None. RES. 88-179 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO CHEROKEE LANDSCAPE SERVICES FOR MAINTENANCE OF LAND- SCAPING IN PORTIONS OF PINE AVENUE, WALNUT AVENUE, OHIO AVENUE, BELMONT AVENUE AND IRVINGTON AVENUE. (Assessment District No. 976) (35) Council Member Reilly made a motion, seconded by Cauncll Member Miller, that said resolution be adopted. . Resolutlon No. 88-179 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Pope-Ludlam, Miller. Absent: None. by the fallowing Reilly, Flores, Noes: None. RES. 88-180 - RESOLUTION OF THE CITY OF SAN BERNARDINO REJECTING THE LOW BID BY J & R LANDSCAPE MAINTENANCE AND AWARDING A CONTRACT TO MENTONE TURF SUPPLY FOR MAINTENANCE OF LAND- SCAPING IN CENTRAL CITY MALL, AREAS ADJACENT TO CITY HALL, CENTRAL CITY WEST, ANIMAL SHELTER, "E" STREET MEDIAN, SECOND STREET MEDIAN, "E" STREET BEAUTIFICATION. CENTRAL LIBRARY, THIRD AND FOURTH STREET MEDIANS, POLICE DEPARTMENT, SENIOR CITIZENS CENTER AND STURGES AUDITORIUM. (District Lots 1, 2, & 3) (36) Gene Klatt, Asslstant City Engineer, ~uestions, stating that the low bid had been because the bidder falled to arrlve on time ~andatory Job walk. The specifications are very In the requirements. answered rejected for the definite . Sr. Asslstant City Attorney Barlow stated requirements are necessary so that everyone with the same information. that these is working 00 - .J,"" - 6/6/88 . Resolution No. 88-180 was adopted by the followrng vote: Ayes: Councrl Members Estrada. Reilly. Flores, Maudsley, Minor, Pope-Ludlam, Mlller. Noes: None. Absent: None. RES. 88-181 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO REDLANDS PAV- ING INC. FOR CONSTRUCTION OF DRAINAGE IMPROVE- MENTS AT STODDARD AVENUE AND ATHOL STREET. (37) Councrl Member Flores made a motlon, seconded by Council Member Miller, that sard resolutlon be adopted. Resolutlon No. 88-181 was adopted by vote: Ayes: Councll Members Estrada. Maudsley, Minor, Pope-Ludlam, Miller. j,bsent: None. the followlnq ReDly. Flores. Noes: None. Councrl Member Flores made a motlon, seconded by councll Member Mrller and unanimously carrled, that a cindinq be made that the constructlon of dralnaqe improvements at Stoddard Avenue and Athol Street. ln accordance wlth Plan No. 7480. is needed for health and cafety reasons. . RES. 38-182 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MENTONE TURF SUPPLY FOR MAINTENANCE OF LANDSCAPING IN PORTIONS OF RIALTO AVENUE. MILL STREET, PEPPER AVENUE. EUCALYPTUS AVENUE AND MERIDIAN AVENUE. (Assess- ment Dlstrlct Nos. 974, 97) & 981) (38) Councll Member Flores made a matron, seconded by '-'ouncil Member Mlller. that sald resolution be adopted. Resolutlon No. 88-182 was adopted by the followrng ','ote: Ayes: Councrl Members Estrada, Rellly. Flores, :audsley, Mrnor. Pope-Ludlam. Miller. Noes: None. ,',Csent: None. RES. 88-183 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO L. BARRIOS & ASSOCIATES, INC. FOR MAINTENANCE OF LAND- SCAPING AND IRRIGATION SYSTEM IN SECCOMBE LAKE STATE URBAN RECREATION AREA. \3~j Councrl Member Flores made a matron, seconded by :ouncll Member Miller, that sald resolutlon be adopted. . Resolutlon No. 88-183 was adopted by 'ate: Ayes: Councll Members Estrada, Maudsley. Minor, Pope-Ludlam, Miller. Absent: None. the followlng Rerlly. Flor'es. Noes: None. - 33 - 6/6/88 . RES. 88-184 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO SAFEWAY SIGNS FOR THE FURNISHING AND DELIVERY OF TRAFFIC STREET SIGNS IN ACCORDANCE WITH SPECIFICATION F-88-13. (40) Councll Member Flores made a motlon, seconded by Council Member Miller, that said resolutlon be adopted. Resolutlon No. 88-184 was adopted by the followlng "ote: Ayes: Council Members Estrada, Rellly, Flores, liaudsley, Minor, Pope-Ludlam. Mlller. Noes: None. ]"bsent: None. RES. 88-185 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO DE ANZA CHEVROLET FOR THE FURNISHING AND DELIVERY OF A ONE TON PARAMEDIC TRUCK IN ACCORDANCE WITH SPECIFICA- TION F-88-14. (41) Council Member Flores made a motlon, seconded by 'c)uncll Member Miller, that sald resolution be adopted. . Resolution No. 88-185 was adopted by "ate: Ayes: Council Members Estrada, Maudsley, Mlnor, Pope-Ludlam, Miller. Absent: None. the following Rellly, Flores, Noes: None. COUNCIL MEMBER POPE-LUDLAM EXCUSED Councll Member Pope-Ludlam left the Councll Meetlng. READING AND WAIVING OF ORDINANCES Clty Clerk Clark read the titles of all the ordlnances ,m the Councll Agenda. Council Member Flores made a motlon, seconded by ouncll Member Estrada and unanlmously carried, that :urther reading of all the ordlnances on the COUliC:ll Agenda be walved. ORD. MC-626 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO AMENDING CHAPTER 15.72 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FLOOD CONTROL MEASURES. (42) Council Member Flores made a motlon, seconded by ouncll Member Rellly, that said ordlnance be adopted. Ordinance MC-626 was adopted by the fOllowlng vote: ~yes: Council Members Estrada, Reilly, Flores, Maudsley, . .1lnor, Miller. pope-Ludlam. Noes: None. Absent: Cauncll Member - 34 - 6/6/88 . Minor, Miller. F::>pe-Ludlam. Noes: None. Absent: Council Member ORD. MC-627 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 87-14, LOCATED AT THE SOUTHEAST CORNER OF KENDALL DRIVE AND STATE STREET). (43) Council Member Flores made a motion, seconded by CouncIl Member Reilly, that said ordinance be adopted. Ordinance MC-627 was adopted by the followIng vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, ~Inor, Miller. Noes: None. Absent: Council Member F::>pe-Ludlam. ORD. MC-628 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO ADDING CHAPTER 3.26 TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH A TRAFFIC SYSTEMS FUND AND TO IMPOSE A TRAFFIC SYSTEMS FEE. (44) Council Member Flores made a motion, seconded by Council Member ReIlly, that said ordInance be adopted. . OrdInance MC-628 was adopted by the followIng vote: Ayes: Council Members Estrada, ReIlly, Flores, Maudsley, MInor, Miller. Noes: None. Absent: CounCIl Member Pope-Ludlam. ORD. MC-629 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO ADDING SECTIONS 19.04.172, 19.04.467, 19.04.468 AND 19.04.517 TO THE SAN BERNARDINO MUNICIPAL CODE; AMENDING SECTIONS 19.24.020 SUBSECTION (A), 19.26.020 SUBSECTION (B), 19.36.020 SUBSECTION (V-AA); ADDING SECTION 19.36.020 SUBSECTION (BB)TO THE SAN BERNARDINO MUNICIPAL CODE; AND, ADDING CHAPTER 19.41 TO THE SAN BERNARDINO MUNICIPAL CODE TO SET OUT CONDITIONS AND PROCEDURES FOR PERMITTING RE- CYCLING FACILITIES AND TO ESTABLISH CONVENIENCE ZONES. (45) Council Member Flores made a motion, seconded by CounCIl Member Reilly, that said ordinance be adopted. . OrdInance MC-629 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. - 35 - 6/6/88 . RECESS MEETING - CLOSED SESSION At 2:55 p.m., Council Member Mlnor made a motion, seconded by Council Member Flores and unanimously carried, that the ~2~Jlar Meeting of the Mayor and Common Council recess to a Closed Session pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding ~ending Iltlgation which has been lnitiated formally to whlch the City is a party as follows: City of San Bernardlno vs. San Conser\'3 tion J2;j,-';;..t.J;"~ct, et al., Superior Court Case No. 231484. Bernardino Valley Water San Bernardino County CLOSED SESSION At 2:55 p.m., the Closed Session was called to order ly Mayor Wilcox in the Conference Room of the Counell Chambers of City Hall, 300 North "D" Street, San bernardino, Californla. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller, Sr. Assistant City Attorney Barlow, Deputy City Administrator Robbins. Absent: City Clerk Clark. . Also present: ,.'epartment. Herb Wessel, General Manager, Water CITY CLERK CLARK ARRIVED At 3:25 p.m., City Clerk Clark arrived at the Closed SeSSlon. ADJOURN CLOSED SESSION At 3:35 p.m., the Closed Session adjourned to the 'egular Meeting of the Mayor and Common Council In the Council Chambers of City Hall. 300 North "D" Street, San 3ernardino, California. ROLL CALL Roll Call was taken by the City Clerk wlth the followlng being present: Mayor Wilcox; Council Members ~strada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Sr. Assistant City Attorney Barlow, City Clerk :lark, Deputy City Administrator Robbins. Absent: None. LEGISLATIVE REVIEW COMMITTEE REPORT - MAY 19, 1988 - COUNCIL MEMBER REILLY Council Member Reilly, Chairman Review Committee, presented the report the Legislative Review Committee held ~he following items were discussed: of the of the on May Legislative meeting of 19, 1988. (49 ) . 1. N.",morandum of Understandi.!l9.~y...and_BetJo!.een - 36 - 6/6/88 . the nl1!:!YS!.L.i'iJl(LJ:J:I~_COrnmon Counell nof the C lJ~Y~.Q..t: San._BeJ;'~i!..J;:.d~lno Wl th Respect to. NOt:],~~J:.o be Provided by_t:.p e~_l1gyor~_I1!:!Yo r J'ro_T~rrL ,'ine!.. t.he.J"..1K~t:A H_ex~-: na.t.e__01L'.!'heir Absence from the City - The Commlttee Iecommended acceptance of the policy proposed by the Actlng City Administrator. (Copy was attached) 2. Ha~i.lntQu~.JLi'U>J:JLI:!.ill!9.geJ].entul'l.a.JL - After an extremely thorough brlefing by Mr. Stuart Long from the County, the Committee recommended that the City avail itself of the County services and duplicate the outstanding program already avail- able to the cltlzens of San Bernardino at no additional cost. Presently, a portion of the refuse "tipping fee" is used to fund thlS department and they are willing to cooperate fully with whatever scheduling the City desires to provide a service to our citizens. Regarding the City Yard hazardous waste facility for in- house use, our plan and facility will be com- pleted by early August. The Committee was elated over the very positive progress made in the hazardous waste arena. . 3. Hearip.9'~_t:Q_j).!scusE.....1'itle_24 of the CaJ.X:: fornia Administrative Code as it Relates to tA~..Jmp l.e.m",n.t:!'l t'!"'QIl--'2LJl_ull<tip9:l'_erllli L F e~ Increases __-:...R9.1pJ:LJ:L__l'rirrce - The Committee listened to Mr. prince's presentation and recommended that no action be taken. Mr. Prince requested the Committee's indulgence in pursulng the matteI. The Committee ad- vised Mr. Prlnce that they would be willing to receive any new informatlon in writing. 4. .een<'iip.9_.J ten1.:L- The Committee; at the request of the Acting Clty Administrator, revlewed these ltems; deleted Item 1, Under- grounding by Edlson, and Item 3, Closed SeSSlon Policles. Item 9 regardlng tempor- ary signs was returned to the regular agenda. Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carrled, that the minutes of the Leglslative Review Committee meeting of May 19, 1988. be received and filed. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. . ABSENCE OF MAYOR AND MAYOR ADOPTION OF POLICY In a memorandum dated PRO TEMPORE - May 20, 1988, Deputy CHy - 37 - 6/6/88 . Administrator Robblns presented a Proposed Policy Relatlve to Absence of Mayor and Mayor Pro Tempore. (47) The proposed pollcy provides that when the Mayor, ~ayor Pro Tempore or first alternate are absent from the Clty but within three hours automoblle drive, a telephone cJntact number should be made available to both staffs for convenience to the elected officials. When an absence is leyond three hours automobile drive, additional lnformation, such as estimated time of departure and return and destination will be provided. In the event of an emergency and absence of elected officials, the chain of command, as set forth in the City Emergency Plan, will be utilized. Councll Member Minor made a motion. seconded by Council Member Maudsley and unanimously carried, to adopt the Policy Relative to Absence of Mayor and Mayor Pro 'Cempore. COUNCIL Council Meeting and MEMBER POPE-LUDLAM RETURNED Member Pope-Ludlam returned took her place at the Council to the Table. Council . PERSONNEL COMMITTEE REPORT - MAY 19, 1988 - COUNCIL MEMBER REILLY Council Member Rellly, Chairman Eersonnel Committee, gave the report Personnel Committee Meeting held on May following items were discussed: of of 19. the Council the Counc II 1988. The (48 ) 1. Dehni tion.o:Cr~a:(.t-T].,melTE2m'pQra!L.El1)PlQyee2 Qy Civll Service - Continued. Item was referred to the Civil Service Board recommendlng that Civll Servlce Rule 502a be amended to include the In- formatlon that, based on a PERS letter, Extra Board employees are not limited by the 1000 hour maximum time rule, but rather by a two-year max- imum. PERS has approved their exclusion from the system removing the 1000 hour limltatlon. This item will be presented to the full Council on June 20, 1988; If approved, the ordinance should pass July 18, 1988, and implementation will be effective August 20, 1988. 2. ~n~t ChalliL~gllce Lleutenants - The Committee recommended acceptance of lieutenants into the Management Unit after receiving an opinion from the City Attorney's Office stating that they could belong to both the POA and the Management Unlt at the same time. (Attachment) . 3. Request to Increase Hourly Waqes of Recre- a.t :j"QD.D :Lv:i,siQlL l' 13,]: t=.'I':Lme.~.a.tilJ:" i e E;... ::-~P.il.r k s L H e<;:.= - 38 - 6/6/88 . at1Qn_& Community_~~rV1ces_- The Committee rec- commended acceptance. This 1tem will be presented on the June 6,1988, Council Agenda. (Attachment) 4. Min1mum Waqe - Item continued. The Committee was concerned about the 1mpact and cost of imple- ment1ng the min1mum wage. The recently passed m1nimum wage order does not apply to publ1C em- ployees, but real1stically, in jOb market competi- tion, it is almost imperative to follow the pr1- vate sector 1n application. The Committee re- quested staff to review and recommend a method of 1mplementing the minimum wage to cause minimal impact. 5. p_@artment_J-Iead Evaluat1Qns_-=--Item continued for further study. 6. QiiL}~J:J~QKn_EIT's_Posit1ons ,- The Committee con- t1nued this item to a special meeting at 12 noon, May 23, 1988. On May 23, 1988, the Committee re- viewed the C1ty Attorney recommendat1on for new attorneys. They also reviewed the contract for the new contract attorney. The Committee accepted all of the City Attorney's recommendations as a matter of record and had no Ob]ectlons to the process used by the City Attorney. (Attachment) . 7. CCC Supervisory Posi tigJL- This item was presented as an lnformation ltem by the Mayor's Executive Assistant. An outstanding person to fill this vacant position has been recruited and will be appointed effective June I, 1988. The appolntment is scheduled to be placed on the June 6, 1988, Councll Agenda. It was understood that this position is based on funding from the State and if funding was not available, it would be deleted. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the minutes of the Council Personnel Committee meetlng of May 19, 1988, be received and filed. MOBILEHOME PARK AD HOC COMMITTEE MEETING - MAY 24, 1988 - COUNCIL MEMBER FLORES Council Member Flores, Chairman of the Mobilehome Park Ad Hoc Commlttee, presented the report of the Mobilehome Park Ad Hoc Committee held on May 24, 1988. The report lS as follows: (50) . 1. MobileholJLE?_ Park.~R~ntal Asslstance Program - The Committee recommended acceptance and imple- mentatlon of the program presented by Mr. Hender- - 39 - 6/6/88 . son (whlch was attached). A yearly reVl8W and evaluatlon wlll be established. A system for monthly financlal accounting wlll keep the Councll lnformed on the status of funds. The Councll Commlttee members commend all the participants. partlcularly staff, for a Job well done. The Mayor will wrlte a letter for distributlon to the park owners expressing the lmportance of their voluntary partlclpation in this program. Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the ["lnutes of the Mobilehome Park Ad Hoc Committee meeting held May 24" 1988, be recelved and filed. PARK/COUNTY HOSPITAL AD HOC COMMITTEE MEETING REPORT - MAY 24, 1988 - COUNCIL MEMBER MILLER Council Member Miller presented the report of the ~ark/County Hospital Ad Hoc Committee meeting held on May ~4, 1988. The following items were discusses: (51) The Committee discussed possible sltes for parks and presented possible alternatives regarding the exchange of areas that would be agreeable to both City and County. The following boundaries were established as areas for parks: . West of Highland Hills East of Waterman North of Basellne South of Marshall Areas to be reviewed and presented at the next meetlng by Mr. Tim Kelly and Clty staff were: 23 acres across from Patton Hospltal Area between Flood Control and Arden (Marshall Blvd. ) Foothill Dr. east of Sterling(north side of street) SE portlon of Eureka & Del Rosa (near Methodlst Church) Piedmont and Palm Gilbert Street (present County Hospital) Councll Member Rellly made a motion, seconded by ~ouncil Member Flores and unanimously carried, that the lcinutes of the Park/County Hospital Ad Hoc Commlttee meetlng held May 24, 1gee, be recelved and filed. . WAYS AND MEANS COMMITTEE REPORT - MAY 27, 1988 - COUNCIL MEMBER ESTRADA Council Member Estrada, Chairman of the Ways and Means ommittee, gave the report of the Ways and Means Commlttee Meetlng held on May 27, 1988. The following items were discussed: (52) - 40 - 6/6/88 . 1. EX2gJldeL~od<;l.__~nfo~_~~J1l_Emt Proqram - Item continued. An extensive, comprehenslve report was presented by Mark Sutton. Council Member Miller had some concern that this was a more expensive program than necessary and asked for a closer review. Councll Member Flores and Councll Member Miller will be provided copies of previous reports that have been submitted to the Committee. This item will return to Commit- tee on June 13. 1988. 2. Request to Reduce Purchase Price of Kelloqq Library - Elijah Singletary - Item con- tinued to review the legality of allowing the City to negotlate or dismiss the cost of thls building. The Committee recommended a 90-day extension to the final payment to allow time to review and analyze the issue. A motion to this effect will be presented at the cT".!:~ 0, 1988, meeting when this item is received and filed. Deputy City Administrator Robbins asked for clarification as to the procedure for extending the agreement concerning the Kellogg Library building. . Sr. Assistant Clty Attorney Barlow answered questlons, and recommended that a resolution be prepared to implement ~he request for a 90 day extenslon of the agreement ~egarding the Kellogg Library. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the ,:i ty Attorney be instructed to prepare the necessary ,locumentatlon (amended lease) to allow a 90 day extenslon 'Jf the current agreement between Elijah Singletary and the '~ity of San Bernardino for the purchase of Kellogg ~ibrary. Said documents are to be brought back before the :ouncil on June 20. 1988. Council Member Estrada made a motion, seconded by :ouncil Member Miller and unanlmously carried, that the minutes of the Ways and Means Committee meeting held May 27, 1988. be received and flIed. . PARK DEVELOPMENT FEES - REIMBURSEMENT TO ROBERTSON HOMES - DEVELOPER OF INDIAN CREEK PROJECT - TENTATIVE TRACT NO. 12896 In a memorandum dated May 23. 1988, Annie Ramos, )lrector of Parks, Recreatlon & Communlty Services, stated that Robertson Homes, successor to Pacer Unlversity Associates, the developer of Tentative Tract No. 12896, ~ad requested reimbursement of Park Development Fees in the amount of $31,750. ThlS request was predicated on an ~greement between the Clty the Redevelopment Agency and - 41 - 6/6/88 . the developer to accept dedicated l.n 1l8u of fees. landscape improvements (53 ) Council Member Maudsley made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that che request for reimbursement of Park Development Fees by Robertson Homes be continued to June 20. 1988, in the Councll Chambers of City Hall, 300 North "D" Street, San 3ernardino, California. REQUEST TO ADDRESS MAYOR AND COMMON COUNCIL - JULES CARVALHO - MEASURE HH - CITIZENS FOR RESPONSIBLE RESEARCH In a letter dated May 23, 1988, Jules Carvalho, Member .~f the Citizens for Responsible Research, requested that :he Council reVlew the policy regarding the sale of lnclaimed animals for research and educational purposes to opproved academic instltutlons. (55) Councll Member Minor :ouncil Member Rellly and cequest of Jules Carvalho :urrently being used by Measure HH be referred :ommittee. made a motlon, seconded by unanimously carried, that the to discuss internal procedures the Clty in connection with to the Legislative ReVlew . RES. 88-186 - RESOLUTION OF THE CITY OF SAN BERNARDINO URGING THE ADOPTION OF LEGISLATION PROHIBITING THE SALE OR POSSESSION OF "LOOK- ALIKE" TOY GUNS. (55a) City Clerk Clark read the title of the resolutlon. Council Member Flores made a motion, seconded by :ouncil Member Reilly and unanimously carried, that :urther reading of the resolution be waived and sald cesolution be adopted, and that a copy of the resolution oe forwarded to local legislators and the League of :alifornia Cities. Resolutlon No. 88-186 was adopted by the following vote; Ayes; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Mlller. Noes; None. Absent; None. Sr. Assistant City Attorney Barlow stated that an ordinance concernlng the sale or possession of look-alike ~oy guns will be presented at the meeting of June 20, 1988. . - 42 - 6/6/88 . FISCALINI FIELD - INSTALLATION OF NEW LIGHTING STANDARDS - ADOPTION OF NEGATIVE DECLARATION - APPROVAL OF PLANS - CONTINUED FROM EARLIER IN THE MEETING - SEE PAGE 10 In a memorandum dated May 20, 1988, Roger Hardgrave, Lirector of Public Works/City Engineer, presented a request for installation of new lighting standards at Jiscallni Field and recommended that the Negative Leclaration be adopted. The total estlmated proJect cost ~s $107,000 for infield lighting, with Additive Alternate "A" for $63,500, which would cover the costs of outfield ~ighting. (9) Council Member Rellly made a motion, seconded by council Member Maudsley that the Negative Declaratlon for _nstallation of lights for Fiscalini Field, Public Works Project No. 87-23, be adopted; that the plans for the ~nstallation of new lighting standards for Fiscalini Field, ln accordance with Plan No. 7332, be approved; and ~hat the Director of Public Works/City Engineer. be authorlzed to advertise for bids. The Council l1i ller . None. motion carried by the following vote; Ayes; Members Reilly, Maudsley, Minor, Pope-Ludlam, Noes; Council Members Estrada, Flores. Absent; . COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council Meeting. TENTATIVE PARCEL MAP NO. 10781 - REQUEST FOR WAIVER OF CONDITIONS OF APPROVAL - UNDERGROUNDING EXISTING UTILITY LINES AND INSTALLATION OF CURB AND GUTTER ALONG CIRCLE ROAD In a memorandum dated May 23, 1988. Roger Hardgrave, ~irector of Public Works/City Englneer, explained the ~ackground for the request for waiver of Condltions of ~pproval for Tentative Parcel Map No. 10781 for ~ndergrounding existing utility lines and installation of curb and gutter along Circle Road. (54) Assistant City Englneer Klatt stated that he concurred that a portion of the undergroundlng could be waived, but Aould not recommend waiving all of the undergrounding nor Lnstallation of curb and gutter along the newly created lot. Council Member Reilly made a motion, seconded by :ouncil Member Flores and unanimously carried, that the ~equest for waiver of conditions of Approval for Tentative ?arcel Map No. 10781 be referred to the Legislative Review ~ommittee, for a review of the undergrounding resolution. . - 43 - 6/6/88 . COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council Meeting hnd took her place at the Council Table. SET JOINT PUBLIC HEARING - CONSIDER THE SALE OF REAL PROPERTY OWNED BY THE REDEVELOPMENT AGENCY WITHIN THE CENTRAL CITY NORTH PROJECT AREA TO THE SAN BERNARDINO COUNTY SUPERINTENDENT OF SCHOOLS In a memorandum dated May 23, 1988, Glenda Saul. Sxecutive Director of the Redevelopment Agency, gave the ~ackground of the request for a Joint Public Hearing to consider the sale of Real Property owned by the ~edevelopment Agency within the Central City North Project "rea to the San Bernardino County Superintendent of ~chools. (R-4A) Council Member Flores made a motlon, seconded by Council Member Reilly and unanimously carried, to set a Joint public hearing of the Mayor and Common Council and ?edevelopment Agency at 11;00 a.m., on June 20, 1988, to consider the sale of certain real property owned by the Redevelopment Agency within the Central City North Project Area to the San Bernardino County Superintendent of Schools. . REDEVELOPMENT AGENCY INVESTIGATION BY DISTRICT ATTORNEY Dennis Barlow, Sr. Assistant Clty Attorney presented a l'lemorandum dated June 6, 1988, reporting on Dlstrlct ~ttorney DennlS Kottmeier's investigatlon regarding the ?edevelopment Agency. (RS-1) The report summarized the findings of the Dlstrict ~ttorney and recommended the fOllowing four actions; 1. The Investment Pollcy should be carefully ~eviewed to assure that it meets the needs of the Agency is well as to assure it protects the public's funds. It ~hould also be clarified to eliminate any areas of ~ossible misunderstanding. As part of this reVlSlon, a review of the City's policy would be helpful. 2. At the suggestion of the District Attorney's Office contained In the last paragraph of the above summary, our office will reVlew the issue of the "co-broker's fee" and will report back on any recommended ~ction. 3. Now that the Deen completed, it possibillty of any employees. District Attorney lnvestlgation has would be in order to reVlew the disciplinary ~ction against Agency . - 44 - 6/6/88 . 4. We recommend that all Commisslon contracts for consultants be reviewed and amended to not allow such consultants to receive fees from firms and entlties referred to the Agency by the consultants, and that all :uture consultant contracts contain such language. After dlScussion, the Councll, acting as the Levelopment Commission, voted to implement item ~ecommendations and voted to refer items 1 and Redevelopment Commlttee. Community 4 of the 3 to the REDEVELOPMENT AGENCY AUDIT - TRAVEL AND PURCHASE EXPENDITURES The Mayor and Council discussed a recommendation from ~he City Attorney's Office that an audit be performed on ~he travel and purchase expenditures of the Agency for the ~ast three years. (RS-2) Executive Dlrector che annual audit of outside audit firm. Saul answered the Agency now questions regarding ln process by an . The Communlty Development Commlssion voted to lnstruct the Sr. Asslstant City Attorney to write a scope of serVlce document for an audlt on agency travel and purchase expenditure, and submit the scope of service to the Redevelopment Committee for review and recommendation cO the full Commission. REDEVELOPMENT AGENCY OUTSIDE COUNSEL The Community Development Commission voted ~he same process as followed by the City in the of outside counsel. to follow selection (RS-3) REDEVELOPMENT AGENCY CONTRIBUTION TO GENERAL PLAN Sr. Assistant City Attorney Dennis discusslon on the Redevelopment Agency's the preparatlon of the General Plan and chat might occur. Barlow requested contribution to additional costs (RS-5) The Commission voted to refer the matter to the Redevelopment Commlttee. COUNCIL MEMBER POPE-LUDLAM EXCUSED Councll Member Pope-Ludlam left the Councll Meetlng. RECESS MEETING - CLOSED SESSION At 4:40 p.m., Council Member Minor seconded by Cauncll Member Estrada carried, that the meetlng recess to pursuant to the following: made a motion, and unanImously Closed Session . - 45 - 6/6/88 . Government Code Section 54956.9(C) to ~o initlate Iltigatlon; decide whether (RS-6) Government Code Section 54956.8 to discuss with ltS l.egotlator the purchase, sale, exchange or lease of real property, and to give instructions to its negotiator concerning the price and terms of payment for the purchase, sale, exchange or lease of real property. The ~eal property which the negotiations concern is generally ~ocated along "E" Street; (RS-7) Government Code Sectlon ['atters. 54957 to consider personnel (RS-4) CLOSED SESSION At 4:40 p.m., the Closed Session was called to order Ly Mayor Wilcox in the Conference room of the Councll Chambers of City Hall, 300 North "D" Street, San Bernardino, Californla. ROLL CALL Roll Call was taken wlth the following being present: Mayor Wilcox; Councll Members Estrada, Reilly, Flores. Minor, Mlller; Sr. Assistant City Attorney Barlow. :.~cient: Council Members Maudsley, Pope-Ludlam; Clty Clerk Clark, Deputy City Adminlstrator Robbins. . Also present: Glenda Saul, Executive Director of the Pedevelopment Agency; Attorney Blll Simon. ADJOURN CLOSED SESSION At 5:15 p.m., the Closed SeSSlon adjourned to the fegular Meetlng of the Mayor and Common Councll of the City of San Bernardino. RECONVENE MEETING At 5:15 p.m., the Regular Meetlng of the Mayor and (ommon Council reconvened in the Council Chambers of Clty Fall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk wlth the following being present: Mayor Wllcox; Council Members Estrada, Reilly. Flores, Maudsley, Minor, Pope-Ludlam, Miller; Sr. Assistant City Attorney Barlow, City Clerk Clark, Deputy Clty Admlnistrator Robbins. RECESS MEETING - CLOSED SESSION At 5:16 p.m., Council Member Mlnor made a motion, Eeconded by Council Member Miller and unanlmously carried, that the Regular Meeting of the Mayor and Common Council recess to a Closed SeSSlon pursuant to the followlng: . - 46 - 6/1,:,;88 . Government Code attorney regarding ~nltiated formally follows: Sectlon 54956.9(a) to pending litigation to which the City confer which is a with its has been party as (58) City of San Bernardin~ vs. California Construction ~la_naqemenLmlnc;_~~m_i=_L_~ - San Bernardino Superior Court Case No. 238755; Salde.QKE:'>L et al vs. Ci1::Y__QL_S_il.Jl_1i€trn~dinoL_et n__aJ - ~an Bernardino Superior Court Case No. 236836; ~pJ._e-1<_aJ;:e,>_Associates vs. CHL_QL Sa!L_-.1l..eJ;:mU~d:i.nQ - ran Bernardino Superior Court Case No. 238714 and Case No. :39649; <;;jJ:y_ of Club, Inc. :39193 ; San _BernCU:9.in_~ vs~_ Sall_Bern"r<HJ19- __fi_,,_fi.E:'>l:>ftJ.J. San Bernardino Super lor Court Case No. :::;J;ubblefi_eld~Q!1structlon~ompaqy~ et al vs.. City of fan Bernardi~et al - San Bernardino Superior Court Case N::>. 232998; United States Department of Labor vs... Illland Mall.Q9weJ;: Case No. 85-CTA-00055; . fiax~at~ Inc., vs. City of San Bernardino bernardino Superior Court Case No. 222765; San Government Code Sectlon 54956.9(b)(1), to its attorney regardlng pending Iltigation, Elgnificant exposure to litigation. confer with as there lS (61 ) Government Code Sectlon 54956.9(c) to confer wlth attorney regarding pending litigation so that Councll decide whether to initiate litigation. (62) l't-c c~ may CLOSED SESSION At 5:15 p.m., the Closed SeSSlon was called to order ln the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Californla. ROLL C.l\LL Roll Call was taken with the fOllowing being present: Mayor Wllcox; Council Members Estrada, Reilly, Flores, Maudsley. Mlnor. Pope-Ludlam, Miller; City Attorney Fenman; City Clerk Clark, Deputy City Administrator Fobbins. Absent: None. Also present; Sr. Assistant City Attorney Barlow. Leputy City Attorney Wilson. . - 47 - 6/6/88 . ADJOURN CLOSED SESSION At 6:10 p.m., the Closed SeSSlon adjourned to Regular Meeting of the Mayor and Common Council in Council Chambers of City Hall, 300 North "D" Street, Bernardino, Callfornla, the the San RECONVENE MEETING At 6:10 p.m" the Regular Meetlng of the Mayor and Common Councll reconvened in the Council Chambers of City Eall, 300 North "D" Street, San Bernardino, Callfornia. ROLL CALL Roll Call was taken by the City Clerk wlth the iollowlng belng present: Mayor Wilcox: Council Members Estrada, Rellly, Flores, Maudsley, Minor, Pope-Ludlam, Liller: City Attorney Penman, City Clerk Clark, Deputy City Admlnistrator Robbins. Absent: None. RECESS MEETING - CLOSED SESSION At 6;10 p.m., Council Member Reilly made a motion, Eeconded by Council Member Flores and unanimously that the Fegular Meeting of the Mayor and Common Council recess to c Closed Session pursuant to Government Code Section :4956.8 to give instructions to the City's negotiator legardlng negotiatlons with the County of San Bernardino concernlng the exchange of property located at Pacific and Arden. (60) . CLOSED SESSION At 6:10 p.m., the Closed SeSSlon was called to order ty Mayor Wilcox in the Conference Room of the Councll Chambers of City Hall, 300 Nor'th "D" Street, San Eernardino, California. ROLL CALL Roll Call was taken Mayor Wilcox: Council Minor, Miller: City Administrator Robbins. Fope-Ludlam: City Clerk with the following belng present: Members Reilly, Flores, Maudsley, Attorney Penman, Deputy City Absent: Councll Members Estrada, Clark. CITY CLERK CLARK ARRIVED At 6:15 p,m" City Clerk Clark arrived at the Councll t-:eeting, COUNCIL MEMBER MILLER EXCUSED At 6:29 p,m" Councll Member Miller left the Closed Eession. . ADJOURN CLOSED SESSION At 6:30 p.m., the Closed Session adjourned to Fegular Meetlng of the Mayor and Common Council ln Council Chambers of City Hall, 300 North "D" Street, Bernardino, California, the the San - 4.:3 - 6/6/88 1 . RECONVENE MEETING At 6:30 p.m.. the Regular Meeting of the Mayor and (ammon Councll reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Californla. ROLL CALL Roll Call was taken by the Clty Clerk with the following being present: Mayor Wilcox; Council Members heilly, Flores, Maudsley, Minor; Clty Attorney Penman, (ity Clerk Clark, Deputy Clty Administrator Robbins. Absent: Council Members Estrada, Pope-Ludlam, Miller. ADJOURN MEETING At 6:30 p.m., Council Member Rellly made a motion, seconded by Council Member Minor and unanimously carrled, that the meetlng be adjourned to 12:00 noon, Thursday, June 9, 1988, in the Management Information Center, (MIC), fixth Floor, City Hall, 300 North "D" Street. San Bernardino, California. . ~./h'7/?~4tb . City Clerk No. of Items: 80 No. of Hours: 9 1/2 . - 49 - 6/6/88