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HomeMy WebLinkAbout07-05-1988 Minutes ~ Clty of San Bernardino, Callfornia . July 5, 1988 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Wilcox at 9:01 a.m., on Monday, July 5, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Mrs. Pauline Harbaugh, First Church of Chrlst SClentlst. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councll Member Minor. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Clerk Clark, Deputy City Administrator Robbins. Absent: City Attorney Penman. . REAPPOINTMENT - CIVIL SERVICE COMMISSION - HECTOR O'CAMPO - MAYOR'S APPOINTEE Pursuant to a memorandum dated June 13, 1988, from Mayor Wilcox, Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, to approve the reappointment of Hector O'Campo, 663 Magnolia Avenue, San Bernardino, CA 92410, to the Civil Service Commission as requested by Mayor Wilcox. (B) APPOINTMENT - BOARD OF BUILDING COMMISSIONERS - GARY G. LORD - COUNCIL MEMBER ESTRADA'S APPOINTEE Pursuant to a memorandum dated June 15, 1988, from Mayor Wilcox, Council Member Flores made a motlon, seconded by Council Member Maudsley and unanimously carried, to approve the appolntment of Gary G. Lord, 871 W. Lorraine Pl., Rialto, CA 92376, to the Board of Building Commlssioners, as requested by Council Member Estrada to represent the First Ward. (B) APPOINTMENT - ANIMAL ADVISORY COMMISSION - ELAINE DOLORES GRACE - COUNCIL MEMBER FLORES' APPOINTEE Pursuant to ~ memorandum dated June 29, 1988, from Mayor Wilcox, Council Member Flores made a motion, seconded by Council Member Mlnor and unanlmously carried, to approve the appointment of Elalne Dolores Grace, 754 . - 1 - 7/5/88 . Terrace Rd., San Bernardino, CA Advisory Commission, as requested to represent the Third Ward. 92410, to the Animal by Council Member Flores (S-4) City Clerk Clark administered Ms. Grace. the Oath of Office to PUBLIC COMMENTS - HECTOR LUNA - DRUG PROBLEMS ON MT. VERNON AVENUE Mr. Hector Luna, 1255 Reece Street, referred to a petition signed by residents of the Mt. Vernon Avenue area objecting to the problem of drug dealing that 1S flourishing at the motel located at 1263 N. Mt. Vernon Avenue. He stated that this is a major drug center and has been operating for several years. He explained that many meetings have been held regarding the problem. However, nothing has been done yet. He requested that the Mayor and Council officially endorse the closure of the motel. (C) It was pointed boarded up under days. out that the motel is a nuisance abatement scheduled to be order within 30 Mayor Wilcox explained that no official action can be taken on this item, as it was not included on the agenda, but the matter can be referred to the proper department for action. . PUBLIC COMMENTS - CUISING PROBLEM Delbert Peyton, 1196 W. 14th Street, complained about the cruising problem in the area around his home, which occurs every weekend night. He stated that the traffic is so heavy with cruisers that it is impossible to enter or leave his driveway. He also stated that the noise from the radios is very loud and disturbing. (C) ASSISTANT CITY ATTORNEY BRUE ARRIVED At 9:14 a.m., Assistant City Attorney Brue arrived at the Council Meeting. Mayor Wilcox stated that cruising has been a problem for some time and much money has been spent trying to alleviate the problem in that area. She requested that Acting City Administrator Robbins confer with the Police Chief to see what can be done to solve the problem. Elisa Miller, who lives on the corner of 14th and Garner, stated that for the past five years 1t has been impossible to get a good night's sleep Friday through Sunday because of the noise and vibrations from the cruisers' radios. There have also been shoot1ngs under her bedroom window. She also stated that it would be . - 2 - 7/5/88 " lmpossible for emergency vehicles to get through to homes In the area in case of serious illness. . The Mayor and Council discussed the cruising problem and stated they will work with the Police Department to try to find a permanent solution. PUBLIC COMMENTS - THE SWORD The Sword, Commander-in-Chief of the during the battle of Armageddon, announced for the position of Mayor of San Bernardino. his platform that he will be running on. House of Ying his candidacy He outlined (C) PUBLIC COMMENTS - DRUG PROBLEM Esther Altevero, 1287 Turrill, expressed concern about her daughter's home on Garner Street. There are drug sales occurring regularly in that area. She has contacted the police about the problem, and sometimes there is action and sometimes not. (C) PUBLIC COMMENTS - NUISANCE ABATEMENT - 1263 MT. VERNON AVENUE Mr. Luna stated that if the maJor source of the drug sales operation at 1263 Mt. Vernon could be eliminated, it would alleviate the drug problem in the entire area. (C) . Mayor Wilcox asked the City Attorney's office for a report on the status of the nuisance abatement proceedings for 1263 Mt. Vernon. She stated that the Police Department lS working to eliminate illegal drugs, but that citizens need to get involved and demand stricter penalties from the jUdicial system. PUBLIC COMMENTS - NUISANCE ABATEMENT Josephine Alvarez, 1312 Garner, stated she had a report from the Building & Safety Department regarding the vacant property located at 1297 Garner, which has broken doors and windows and debris, and is a public nuisance. (C) APPROVE COUNCIL MINUTES - MAY 10, 1988 - JUNE 11, 1988 - JUNE 17, 1988 - JUNE 20, 1988 Council Member Minor made a motlon, seconded by Council Member Reilly and unanimously carried, that the minutes of the meetings of the Mayor and Common Council of the City of San Bernardino held on May 10, 1988, June 11, 1988, June 17, 1988, and June 20, 1988, be approved as submitted in typewritten form. (1) . INSTALLATION OF SEWER MAIN - 20TH STREET, EAST OF "D" STREET - APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated June 23, 1988, Roger Hardgrave, - 3 - 7/5/88 '" . Dlrector of Public Works/City Englneer, stated that plans and qpscltlcations had been prepared for the installation of approximately 300 feet of 8-inch sewer line east of "D" Street and north of 20th Street. The existing private sewer lS subject to back-up and overflow. The estimate for the total project cost is $21,300, which has been allocated from the CDBG Contingency Fund. (2) Council Member Minor made a motion, seconded by Council Member Reilly, that the plans for installation of a sewer main in an easement serving homes on 20th Street, east of "D" Street, as shown on Plan & Specification No. 7461, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids. The motion carried by the following vote: Council Members Estrada, Rellly, Flores, Fope-Ludlam, Miller. Noes: None. Absent: Abstain: Council Member Maudsley. Ayes: Minor, None. . SET PUBLIC HEARING - CAT LICENSING PROPOSAL Pursuant to a memorandum dated June 28, 1988, from Deborah Biggs, Director of Animal Control, Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that a pUblic hearing relative to the Cat Licensing Program be set for 9:30 a.m., August 1, 1988, in the Council Chambers of Clty Hall, 300 North "D" Street, San Bernardino, California. (See Item 44b - page 25) (3) SET PUBLIC HEARING - PROGRAM EXPANSION PROPOSAL AND FEE ADJUSTMENTS - PLANNING DEPARTMENT Pursuant to a memorandum dated June 287, 1988, from Planning Director Siracusa, Councll Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that a public hearing relative to Planning Department's program expanslon proposal and fee adjustments be set for July 18, 1988, at 9:30 a.m., in the Councll Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (See Item 46d - page 31) (4) SET PUBLIC HEARING - PROGRAM EXPANSION PROPOSAL AND FEE ADJUSTMENTS - ENGINEERING/PUBLIC WORKS Pursuant to a memorandum dated June 28, 1988, from Gene Klatt, Acting Director of Public Works, Council Member Minor made a motion, seconded by Council Member Reilly and unanimOUSly carried, that a public hearing relative to Public Works Department's program expanSlon proposal and fee adjustments be set for July 18, 1988, at ~:30 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardlno, California. (See Item 46b - page 30) (5) . - 4 - 7/5/88 " . SET PUBLIC HEARING - PROGRAM EXPANSION PROPOSAL AND FEE ADJUSTMENTS - ANIMAL CONTROL DIVISION Pursuant to a memorandum dated June 28, 1988, from Deborah Biggs, Director of Animal Control, Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that a public hearing relative to Animal Control Division's program expansion proposal and fee adjustments be set for August 1, 1988, at 9:30 a.m., ln the Council Chambers of Clty Hall, 300 North "D" Street, San Bernardino, California. See Item 46c - page 30) (6) SET HEARING - APPEAL - BOARD OF BUILDING COMMISSIONERS' ORDER OF ABATEMENT - 1558 N. COLORADO - COLERIDGE BROWNE In an undated letter, Coleridge Browne, 1558 Colorado Street, appealed the Board of Building Commissioners' determination of $614.34 for administrative costs regarding the abatement of a nuisance on property located at 1558 N. Colorado. (7) . Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the appeal filed by COleridge Browne on the Board of Building Commissioners' decision to order the abatement of a public nuisance at 1558 N. Colorado Street, be set for hearlng on July 18, 1988, at 9:30 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. SET HEARING - APPEAL FILED BY WILLIAM D. LAMBERTH - REMOVAL OF EIGHT TREES - 696 S. TIPPECANOE AVE. In a letter dated June 1, 1988, William D. Lamberth, Administrator of the Estate of Bessie R. Lamberth, set forth five reasons for protesting the removal by the City of San Bernardino of eight trees at 696 S. Tippecanoe. He stated that he believed the removal of the trees would lncrease rather than decrease the risk factor involved with the aircraft approach to Norton Air Force Base. (8 ) Council Member Minor council Member Reilly and appeal filed by William removal of eight trees at hearing on July 18, 1988, Chambers of City Hall, Bernardino, California. made a motion, seconded by unanimously carried, that the D. Lamberth relative to the 696 S. Tippecanoe be set for at 10:00 a.m., in the Council 300 North "D" Street, San . SET HEARING - APPEAL - BOARD OF BUILDING COMMISSIONERS' ORDER OF ABATEMENT - 1091 - 1099 W. 5TH STREET - MAURICE PETERS In an undated letter, Maurice Peters, 1098 W. 5th Street, San Bernardino, CA 92411, appealed the order of - 5 - 7/5/88 If the Board of Building Commlssloners of regarding Project 1472. June 3, ( 9 ) 1988 . Council Member Minor made a motion, seconded by Council Reilly and unanimously carried, that the appeal filed by Maurice Peters on the Board of Building Commissioners' decision to order the abatement of a structure at 1091-1099 West 5th Street, be set for hearing on August 1, 1988, at 9:30 a.m., in the Council Chambers of Ci ty Hall, 300 North "D" Street, San Bernardino, California. CLAIMS AND PAYROLL In a memorandum dated June 23, 1988, Andrew M. Green, Acting Director of Finance, set forth the register of demands dated June 14, 1988, and the total gross payroll for the period of May 23, 1988, through June 5, 1988. (10 ) Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the claims and payroll as listed in the memorandum dated June 23, 1988, from Andrew M. Green, Acting Director of Finance, be approved. . PERSONNEL ACTIONS In a memorandum dated June 22. 1988, Gordon Johnson, Director of Personnel, submitted personnel actions in accordance with all administrative regulations of the City of San Bernardino. (11) It was suggested that consideration of Gene Klatt to a Hlgher Acting Director of Public Works/City Engineer, the afternoon. (See page 35) of the appointment Classification of be heard later in Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that with the exception of the appointment of Gene Klatt to a Higher Acting Classification of Director of PUblic Works/City Engineer, that the Personnel Actions submitted by the Director of Personnel, ln his memorandum dated June 22, 1988, in accordance wlth all administrative regulations of the City of San Bernardlno, be approved. . RECESS MEETING - CLOSED SESSION At 9:47 a.m., Council Member Miller made a motion, seconded by Councll Member Estrada and unanimously carried, that the meetlng recess to a Closed Session pursuant to Government Code Section 54956.8 to glve instructions to the City's negotlator regarding negotiations with the County of San Bernardino concerning the purchase/sale/exchange/lease of the property located at Pacific and Arden, Patton Park property. (S-5) - 6 - 7/5/88 . . CLOSED SESSION At 9:47 a.m., the Closed Session was by Mayor Wilcox in the Conference Room Chambers, City Hall, 300 North "D" Street, California. called to order of the Council San Bernardino, ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, Acting City Administrator Robbins. Absent: City Clerk Clark. Also present: Ramos, Director Services. Assistant City Attorney Brue, Annie of Parks, Recreation & Community COUNCIL MEMBER POPE-LUDLAM EXCUSED At 10:20 a.m., Council Member Pope-Ludlam left the Closed Session. MIKE VALLES ARRIVED At 10:27 a.m., Mike Valles, Sr. Consultant to Senator Ayala, arrived at the Closed Session. . ADJOURN CLOSED SESSION At 10:42 a.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San 3ernardino, California. RECONVENE MEETING At 10:42 a.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the following belng present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Minor, Pope-Ludlam, Miller; Assistant City Attorney Brue, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Member Maudsley. RESOLUTION OF THE CITY OF SAN BERNARDINO RENEWING THE COMMITMENT TO COMPLETE DEVEL- OPMENT 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 COMPLE- TION. (Continued from June 20, 1988) (12) . - 7 - 7/5/88 , . Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be continued until 5:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (See page 34) COUNCIL Council Meeting and MEMBER MAUDSLEY RETURNED Member Maudsley returned took his place at the Council to the Table. Council READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles resolutions on the Regular and Supplemental of all Agendas. the Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that further reading of all the resolutions on the Regular and Supplemental Agendas be waived. Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley that the following resolutions be adopted: . RES. 88-221 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ROLLING START, INC. (Deaf services) (Continued from June 20, 1988) (13) RES. 88-222 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF HIGHLAND RELATING TO THE PROVISION OF CROSSING GUARD SERVICE. (14) RES. 88-223 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MASTER AGREEMENT WITH THE CITY OF HIGHLAND RELATING TO MAINTENANCE OF TRAFFIC SIGNALS AND STREET LIGHTS. (15) RES. 88-224 - RESOLUTION OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 87-403 RELATING TO THE INCREASE OF THE ASSESSMENT FOR THE REPAYMENT OF AMOUNTS DUE TO THE GEN- ERAL FUND FROM THE PARKING DISTRICT FUND. (16) Resolution Nos. 88-221, 88-222, 88-223, 88-224 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. . - 8 - 7/5/88 . Council Member Flores made a motion, seconded by Council Member Maudsley, that the following resolutions be adopted: RES. 88-225 - RESOLUTION OF THE CITY OF SAN BERNARDINO REGARDING REPAYMENT OF AMOUNTS DUE TO THE GENERAL FUND FROM THE PARKING DISTRICT FUND, AND ESTABLISHING A FUND FOR FUTURE PARK- TNG DISTRICT NEEDS. (16al RES. 88-226 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA DEPART- MENT OF TRANSPORTATION FOR THE DISPOSAL OF ANIMAL CARCASSES FROM STATE HIGHWAYS IN THE SAN BERNARDINO AREA. (17) RES. 88-227 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GENERAL TELEPHONE COMPANY OF CALIFORNIA RELATING TO THE INSTALLATION OF ALL PUBLIC TELEPHONES ON CITY-OWNED PROPERTY. (18) . RES. 88-228 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR, EXECUTIVE DIRECTOR, DIRECTOR AND REPRESENTATIVE OF EMERGENCY SERVICES TO EXECUTE APPLICATIONS AND DOCUMENTS FOR THE PURPOSE OF OBTAINING FINANCIAL ASSISTANCE UNDER THE FEDERAL CIVIL DEFENSE ACT OF 1950, AS AMENDED, EFFECTIVE JULY 5, 1988, AND REPEALING RESOLUTION NO. 86-256. (19) RES. 88-229 - RESOLUTION DF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING AN EMER- GENCY PLAN PERTAINING TO EMERGENCY SERVICES FOR SAID CITY AND REPEALING RESOLUTION NO. 12016. (20) RES. 88-230 - A RESOLUTION OF THE CITY OF SAN BERNARDINO, ESTABLISHING THE APPROPRIATION LIMIT FOR THE FISCAL YEAR 1988-89 FOR THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH THE PRO- VISIONS OF DIVISION 9 OF TITLE 1 OF THE CALI- FORNIA CODE, AND REPEALING RESOLUTION NO. 87-214. (21) Resolution Nos. 88-225, 88-226, 88-227, U8-229, 88-230 were adopted by the following vote: Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: None. Absent: None. 88-228, Ayes: Minor, . - 9 - 7/5/88 '" . Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that the following resolutions be adopted: RES. 88-231 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN EXTENSION OF AGREEMENT WITH THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DIREC- TOR OF THE OFFICE OF EMERGENCY SERVICES, RE- LATING TO A TWO YEAR EXTENSION OF THE TERM FOR USE OF THE STATE'S OES FIRE ENGINE NO. 221. (22 ) RES. 88-232 - RESOLUTION OF THE CITY OF SAN BERNARDINO NAMING THE TRACK AND FOOTBALL FIELD AT DELMANN HEIGHTS COMMUNITY CENTER THE "LUDIE TAYLOR TRACK AND FOOTBALL FIELD". (26) Resolution Nos. 88-231, 88-232 were following vote: Ayes: Council Members Flores, Maudsley, Minor, Pope-Ludlam, None. Absent: None. adopted Estrada, Miller. by the Reilly, Noes: Council Member Minor made Council Member Maudsley, that the adopted: a motion, seconded by following resolutions be . RES. 88-233 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE ROOSEVELT BOWL FOR THE PROMOTION OF ARTS AND CULTURE. (23) RES. 88-234 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND EMPIRE SYMPHONY FOR THE PROMOTION OF ARTS AND CULTURE. (24) RES. 88-235 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SINFONIA MEXICANA FOR THE PROMOTION OF ARTS AND CULTURE. (25) Asslstant stating that agreements was City Attorney Brue answered questions, the liability lnsurance included in these sufficient. Resolution Nos. 88-233, 88-234, 88-235 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. . - 10 - 7/5/88 I ~-----.",;-~- . RES. 88-236 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE APPROPRIATION OF $12,500 FOR EXTRA SERVICES PURSUANT TO AN AGREEMENT WITH FLORIAN MARTINEZ ASSOCIATES RELATING TO ADDITIONAL ARCHITECTURAL SERVICES FOR THE SECCOMBE LAKE STATE PARK. (27) Acting City Administrator Robbins answered questions, stating that errors had been made by both sides in this case. Because of errors in the original topographical figures furnished the architect, it was necessary to have the plans redone. He recommended that the $12,500 be authorized as a settlement, and that in the future this firm not be used again. Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be adopted, with the understanding that this firm not be used again in City work. Resolution No. 88-236 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Pope-Ludlam, Miller. Absent: None. by the following Reilly, Flores, Noes: None. . Council Member Pope-Ludlam made a motion, seconded by Council Member Flores, that the following resolutions be adopted: RES. 88-237 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 6413 ENTITLED IN PART "RESOLUTION . . . ESTABLISHING A BASIC COMPENSATION PLAN. . ." BY GRANTING A CHANGE IN THE HOURLY RATE TO CERTAIN PART- TIME POSITIONS TO COMPLY WITH THE STATE MINIMUM WAGE LAW OF $4.25/HOUR EFFECTIVE JULY 1, 1988; AND DELETING THE PART-TIME POSITIONS OF YOUTH SERVICES AIDE I AND YOUTH SERVICES AIDE II. (28) RES. 88-238 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 10584 ENTITLED IN PART "A RESOLUTION . . . ESTAB- LISHING . . . EMPLOYER-EMPLOYEE RELATIONS . . ."; BY ADDING THE POSITIONS OF CITY ATTORNEY INVESTIGATOR AND SENIOR DATA SYS- TEMS OPERATOR EFFECTIVE JULY 4, 1988. (29) . - 11 - 7/5/88 Ir ~-~--------'-~--T----''''--- . RES. 88-239 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF A NEW AGREEMENT AND RELEASE OF THE EXISTING AGREE- MENT RELATING TO THE IMPROVEMENTS TO BE INSTALLED IN TRACT NO. 11017 LOCATED ON THE NORTHEAST CORNER OF LA PRAIX AVENUE AND PACIFIC STREET APPROXIMATELY 140 FEET WEST OF SEINE AVENUE. (30) RES. 88-240 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1988-89 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 969, LAND- SCAPING MAINTENANCE, IRVINGTON AND OLIVE AVENUE AREA. (31) RES. 88-241 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1988-89 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 970, LAND- SCAPING MAINTENANCE, CABLE CREEK AREA. (32) Resolution Nos. 88-237, 88-238, 88-239, 88-240, 88-241 were adopted by the following vote: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. . Council Member Flores Council Member Minor, that adopted: made a motion, seconded by the following resolutions be RES. 88-242 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1988-89 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 974, LAND- SCAPING MAINTENANCE, RIALTO AND EUCALYPTUS AVENUE AREA. (33) RES. 88-243 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1988-89 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 975, LAND- SCAPING MAINTENANCE, PEPPER AND MILL AREA. (34) RES. 88-244 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1988-89 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 976, LAND- SCAPING MAINTENANCE, PINE AND BELMONT AREA. (35) RES. 88-245 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1988-89 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 981, LAND- SCAPING MAINTENANCE, MERIDIAN AND RANDALL AVENUE AREA. (36) . - 12 - 7/5/88 . RES. 88-246 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1988-89 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 982, LAND- SCAPING MAINTENANCE, PIEDMONT DRIVE AREA. (37) RES. 88-247 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF A PUBLIC NUISANCE. (1670 N. Colorado, 3011 Glenview Ave., 864 Henderson Lane) (38) Resolution Nos. 88-242, 88-243, 88-244, 88-246, 88-247 were adopted by the following vote: Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: None. Absent: None. 88-245, Ayes: Minor, COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. READING AND WAIVING OF ORDINANCES City Clerk Clark read the title of all the ordinances on the Council Agenda. . Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, that further reading of all the ordinances on the Council Agenda be waived and the following ordinances be adopted: ORD. MC-630 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE MAYOR AND COMMON COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALI- FORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. (39) ORD. MC-631 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO AMENDING SECTION 2.50.010 OF THE SAN BERNARDINO MUNICIPAL CODE TO PERMIT AMEND- MENTS TO THE CIVIL SERVICE RULES AND REGULA- TIONS BY RESOLUTION. (40) Ordinance Nos. MC-630 and MC-631 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. . - 13 - 7/5/88 ~ . RES. 88-248 - RESOLUTION OF TRE CITY OF SAN BERNARDINO AUTHORIZING AN APPLICATION TO THE MORTGAGE BOND AND TAX CREDIT ALLOCATION COM- MITTEE FOR AN ALLOCATION FOR THE ISSUANCE OF QUALIFIED MORTGAGE BONDS AND THE TRANSFER OF SUCH ALLOCATION TO THE COUNTY OF SAN BERNAR- DINO, APPROVING A HOME MORTGAGE FINANCE PROGRAM IN COOPERATION WITH SUCH COUNTY AND AUTHORIZ- ING THE MAYOR, CITY ATTORNEY AND CITY CLERK TO EXECUTE FOR AND ON BEHALF OF THE CITY A COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY. (S-2) Council Member Minor made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 88-248 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council COUNCIL Council Meeting and MEMBER POPE-LUDLAM RETURNED Member Pope-Ludlam returned took her place at the Council to the Table. Council . RECESS MEETING - CLOSED SESSION At 10:55 a.m., Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the Regular Meeting of the Mayor and Common Council recess to a Closed Session to meet with its designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6. (S-6) CLOSED SESSION At 10:55 a.m., the Closed Session was called to order by Mayor Wilcox in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Assistant City Attorney Brue, Acting City Administrator Robbins. Absent: City Clerk Clark. Also present: Director of Personnel Gordon Johnson, Attorney Coleman Walsh. . ADJOURN CLOSED SESSION At 11:30 a.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. - 14 - 7/5/88 1': . RECONVENE MEETING At 11:30 a.m., the Regular Meeting of the Ma7cr and Common Council reconvened in the Council Chambers of 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; Assistant City Attorney Brue, City Clerk Clark, Acting City Administrator Robbins. Absent: None. GENERAL UNIT - LABOR RELATIONS - IMPASSE HEARING Mayor Wilcox announced that there will be an lmpasse hearing regarding the General Employees Unit at 5:30 p.m., on July 18, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - REGULAR MEETING The Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order by Chairman Wilcox in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . READING AND WAIVING OF ALL RESOLUTIONS ON THE COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY AGENDA City Clerk Clark read resolutions on the Community Redevelopment Agency Agenda. the titles of Development all the Commission/ council Member Pope-Ludlam made a motion, seconded by Councll Member Reilly and unanimously carried, that further reading of all the resolutions on the Community Development Commission/Redevelopment Agency be waived. PUBLIC HEARING - CIVIC CENTER PLAZA AREAS - MEADOWBROOK - CENTRAL CITY This is the time and place set for a pUblic hearing to consider the conveyance of certain parcels of property from the Community Development Commission to the City of San Bernardino. (R-I0B) In a memorandum dated June 27, 1988, James Robbins, Acting Director of the Redevelopment Agency, explained the background of the need for the conveyance of certain parcels of property referred to as the Plaza parcels from the Community Development Commission to the City of San 3ernardino. The parcels involved are those on which the City Hall and the east and west portions of the City Hall ?laza are located. . - 15 - 7/5/88 Mayor Wilcox opened the public hearing. . There were no public comments. RES. 88-249 - A RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING THE CONVEYANCE OF THOSE CERTAIN PARCELS OF PROPERTY IDENTIFIED AS A PORTION OF APN 134-251-052, APN 134-251-053 AND APN 134-311-039, FROM THE COMMUNITY DEVEL- OPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. (R-10B) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the public hearing be closed and that said resolution be adopted. Resolution No. 88-249 was adopted vote; Ayes; Council Members Estrada, Maudsley, Minor, Pope-Ludlam, Miller. Absent; None. by the following Reilly, Flores, Noes; None. . WAYS AND MEANS COMMITTEE REPORT - JUNE 30, 1988 - EXPANDED CODE ENFORCEMENT In order to apprise citizens in the audience, Mayor Wilcox announced that the recommendation from the Ways and Means Committee will be to proceed with Option 1 of the Expanded Code Enforcement Program. She stated that this Option will make it possible to improve the image of the City, both in beautification and safety factors. Official action will be taken later in the meeting. (See page 30) (S-l) RECESS MEETING - CLOSED SESSION At 11;42 a.m., the Community Development Commission/ Redevelopment Agency/Mayor and Common Council recessed to a joint Closed Session pursuant to Government Code Section 54956.8 to meet with its negotiators to discuss the terms of disposition of certain real property generally located at Baseline and Medical Center Drive. The party with whom the Agency's negotiator may negotiate is Haagen Development Corporation. (R-11a) 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; Acting City Administrator Robblns. Absent: City Clerk Clark. . Also present: Lorraine Velarde, Administrative Services Manager, Redevelopment Agency, John Hoeger, Development Specialist, Redevelopment Agency. - 16 - 7/5/88 . . ADJOURN CLOSED SESSION At 11:53 a.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 11:53 a.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of 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; Assistant City Attorney Brue, City Clerk Clark, Acting City Administrator Robbins. Absent: None. RECESS MEETING - LUNCHEON WORKSHOP - GENERAL PLAN - MANAGEMENT INFORMATION CENTER (MIC) At 11:53 a.m., Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the meeting recess to the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, for a luncheon workshop to discuss the General Plan. . GENERAL PLAN WORKSHOP At 12:20 p.m.. Mayor Wilcox called the General Plan Workshop to order in the Management Information Center (MIC), Sixth Floor, Cit.y HalL 300 North "D" St.reet, San Bernardino, California. (42) 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; Sr. Assistant City Attorney Barlow, Cit.y Clerk Clark, Acting City Administrator Robbins. Absent: None. Also present: Planning Commissioners: Victor Corona, Robert Stone, Ruben Lopez, Richard Cole, Cheryl Brown, Roy Nierman; Citizens Advisory Committee members: Brenda Fredericks, Michael Ponce, Ron Coates, Evelyn Alexander, Jim Mulvhill, Dr. Roland Roy. Vince Bautista, Principal Planner presented What is a General Plan, which included four divisions: . I. General Comments about General Plans: California State law requires that. all cities and counties adopt. a General Plan for their physical development. A plan must. be "comprehensive" in scope in that it covers the City's entire planning area and addresses physical, social and - 17 - 7/5/88 . economic concerns associated with development. must also be internally consistent, and readily to the public. The plan available II. The General Plan Revision Program: Since the State General Plan Guidelines advise each locality to select the process which best suits its need, a five phase program was designed to provide a completely new and updated plan as follows: Phase 1: Collecting and analyzing information; Phase 2: Identifying issues - establishing goals; Phase 3: Developing and testing alternatives; Phase 4: Detailing the plan; Phase 5: Reviewing and adopting the plan. At this point, the City is actually about 60 days behind schedule, which is acceptable, considering that the City has compressed into 18 months a project which should normally take two and one-half years to three years for a community this size to complete. . Phase 4 is the most difficult segment. It may require additional time to complete, and will add another 60 days to the schedule. The consultant and staff estimate that the General Plan text and the Environmental Impact Report will be ready to prlnt in January, 1989. At that point, staff would strongly recommend that the draft plan and EIR be presented to the public and be made available for review for 60 to 90 days before formal public hearings are conducted by the Planning Commission and the Council. III. Content of the General Plan A. Format - State content of General Planning, local discretion. law specifies the basic but leaves the format to B. Required Elements 1. Land Use 2. Circulation 3. Housing 4. Conservation 5. Open Space 6. Noise 7. Safety . San Bernardino is elements: also including seven optional - 18 - 7/5/88 . 1. Economic Development 2. Redevelopment 3. Infrastructure 4. Public Facilities and Service 5. Historical/Cultural Resources 6. Urban Design 7. Quality of Life IV. Implementlng the General Plan - Zoning is the primary instrument for implementing the General Plan. One of the most important points is the fact that there will be a combined General Plan and Zoning Map. Other lnclude: tools for implementing the General Plan 1. Subdivision regulations 2. Park dedication requirements 3. Review and regulation of public works 4. Housing and building regulations 5. Code enforcement 6. Environmental review procedures 7. Development review procedures 8. Specific Plans . for the Planning Director Siracusa spoke regarding greater public notice and answered questions next phase of the revision process. the need regarding The Council and members of the Planning Commission and members of the Citizens Advisory Committee discussed the public hearing process, problems with receiving testi- mony, and the belief that only the complaints of special interest groups were being addressed. COUNCIL At 1:00 Council MEMBERS MINOR AND ESTRADA EXCUSED p.m., Council Members Minor and Estrada left Meeting. the The Planning Director spoke regarding the need to achieve internal consistency and suggested that the hearing process and specific procedures be adopted well in advance. COUNCIL MEMBER MAUDSLEY EXCUSED At 1:03 p.m., Council Member Maudsley left the Council Meeting. Members of the regarding the need adequately communicated Mayor and Council. Citizens Advisory Committee spoke to have their recommendations to the Planning Commission and the . - 19 - 7/5/88 f . Planning Commissioner Cheryl Brown stated that one thing that created a problem was that the Planning staff input was different than what the Commission had brought forth. Also, that staff recommendations were different at the Council level than at the Commission level. Evelyn Alexander, a member of the Citizens Advisory Committee, stated that the Planning Commission changed some of the CAC recommendations and the CAC Committee felt that their recommendations were not heard by the Mayor and Council. It was pointed out did not present their level, but waited until and Council. that many input at the public members of the CAC or hearing with the public Commission the Mayor Planning Commissioner Richard Cole pointed out that citizens are not planners. He suggested that more of the process should be handled by staff and more staff recommendations brought forward. Michael Ponce, a member of the CAC, disagreed. Mr. Ron Coates, a member of the CAC, complained that too much time had been given to developers' interests and not enough time to citizens' interests. . AuJO~?N LUNCHEON WORKSHOP TO REGULAR SESSION At 1:40 p.m., the General Plan workshop adjourned to 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:05 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of 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, Minor, Pope-Ludlam, Miller: Assistant City Attorney Brue, City Clerk Clark, Acting City Administrator Robbins. Absent: None. . APPEAL HEARING - PLANNING COMMISSION'S CONDITIONS OF APPROVAL - CDP NO. 1141 - REGARDING REQUIREMENT OF MASONRY WALL - FAITH BIBLE CHURCH - BETWEEN "G" AND "F" ST., AND CROSSTOWN FREEWAY AND 29TH STREET This is the time and place set to hear an appeal filed by Marvin Scoggin, Jr., Board Chairman, Faith Blble Church for the owner: Faith Bible Church. The appellant has requested modification of the Planning Commission's Conditions of Approval for Conditional Development Permit - 20 - 7/5/88 If . No. 1141. to revoke the requirement for a wall beyond Parcel Nos. 24 and 25, or to change the requirement from a solid masonry wall to a chain link fence. The location of the church is on the south side of the Crosstown Freeway (Highway 30) between "G" and "F" Streets and approximately 175 feet north of 29th Street. (47) John Montgomery, Principal Planner, presented the background of Conditlonal Development Permit No. 1141, stating that the original conditions of approval in 1981 required that a block wall be built along the adjoining residential properties to the south and the east. Last December, the Planning' Commission reheard the issue because of neighbors' complaints. The requirement was reaffirmed. On May 14, 1988, the Planning Commission heard a request by the church to amend the block wall requirement. The Commission reaffirmed their position to require a block wall with an additional consideration regarding Parcel #69, the ownership of which is presently In litigation. If the church is awarded ownership, the Commission requested the church build the wall along that new boundary. The Church is requesting that the Mayor and Council revoke the requirement for a wall beyond Parcels 24 and 25 and to change the requirement from a solid masonry wall to a chain link fence. . In a memorandum dated June 15, 1988, Planning recommended denial of the appeal. Staff Mr. Larry Thompson, 244 E. 41st Street, a member of Faith Bible Church, presented a comprehensive printed appeal which was distributed to the Mayor and Common Council and the City Clerk. In the report he referred to misunderstandings and inaccuracies in various Planning Commission meetings. He also stated that, due to a high curnover in Planning personnel, there have been problems In continuity in this matter. Mr. Thompson referred to San Bernardino Municipal Code Sectlon 19.26.080B, which is being applied in connection with the requirement for a masonry wall, stating that this is the same code that applies to convenience stores, fast food restaurants and service stations. The Council is the final authority for deciding the application of the code and for granting variances. . Mr. Thompson answered questions, stating that it could be several years before a court decision is reached ~egarding the ownership of parcel 69. This parcel is presently an undeveloped area and. the church has no lntention of installing playground equipment there. - 21 - 7/5/88 f . Mr. Thompson stated that if lot 69 becomes theirs, their main concern is when the ownership of the property becomes clear, it may become necessary to move the wall, which would be more expensive than moving a chain link fence. Harold Hoffman, 1204 E. 26th Street, a member of Faith Bible Church, stated it was unlikely that the parking facilities would be moved to lot 69. He spoke about the spiritual and academic values being taught to the children ln their school and requested consideration of their appeal to be allowed to use a chain link fence. Arthur Timmesfield, 2876 North "G" Street, a member of Faith Bible Church, emphasized that the original Municipal Code section being used in this instance was designed to govern fast food restaurants, convenience stores and service stations. He stated there was a major difference ln what the church is doing. Mike Schmidt, 588 W. Magnolia, stated he had visited all the neighbors adjacent to the church and explained their position. All neighbors except one were in favor of the proposal to install a chain link fence. . Joyce Martin, 2925 "G" Street, owner of property adjacent to the church property, stated that because of the close proximity of the church she has asked the Planning Commission for help in alleviating the impact of noise, traffic, trespassing and vandalism in that location. The church has completed a masonry wall between her property and theirs as required, and has fulfilled other mandated conditions. Recently, church representatives have assured her of their cooperation to meet all requirements. She expressed her appreciation for their cooperation and to the Planning Commission for its assistance. She suggested that the last remaining area of the church property be enclosed. Bob Peters, 3056 Mt. View, stated that he is the owner of the property in question (lot 69) which is presently in litigation. He stated that the question is not the ownership, but only if there is money owed, and how much. It might be several years before the court decision is made. He stated that the use of the parcel presents a liability problem, as he cannot control its use. . Council Member Minor made a motion, seconded by Council Member Miller that the hearing be closed, that Condition No. 3 be modified to read: There shall be a six foot chain link fence built along the east side of lot 25, north to the north side of lot 69. and along the north side of lot 69 to the east end of lot 7, and north along - 22 - 7/5/88 F . the east ends of lots 7 and 61 to the Caltrans fence. Said fence is to be completed by September 30, 1988. The motion carried by the following vote: Council Members Estrada, Reilly, Maudsley, Pope-Ludlam, Miller. Noes: Council Member Absent: None. Ayes: Minor, Flores. RECESS MEETING At 3:00 p.m., the Common Council recessed Regular Meeting of the for five minutes. Mayor and RECONVENE MEETING At 3:10 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of 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, Miller; Assistant City Attorney Brue, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Member Pope-Ludlam. . APPEAL - PLANNING COMMISSION'S DENIAL OF CUP NO. 88-19 - SALE OF ALCOHOLIC BEVERAGES FOR OFF-SITE CONSUMPTION IN C-2 ZONE - 4276 N. SIERRA WAY - MAURICE ALFI This is the time and place set to consider an appeal filed by Maurice Alfi for owner Atta Aghdasizad on the Planning Commission's denial of Conditional Use Permit No. 88-19, to allow the sale of alcoholic beverages for off-site consumption ln the C-2, Community Commercial Zone. The request is for property located at 4276 N. Sierra way. (48) Mayor Wilcox opened the hearing. John Montgomery, Principal Planner, explained that this appeal concerns the sale and off-site consumption of alcoholic beverages in an existing mini-mart. The Police Department submitted a protest of this application due to the over concentration of outlets selling alcoholic beverages in the area. He stated that the appellant had submitted over 270 signatures in favor of issuing the CUP. Staff is recommending denial of the appeal. . Mr. Alfi explained that approximately 14 months ago he checked with the Alcoholic Beverages Control and the City of San Bernardino regarding a liquor license for his mini-mart at 4276 N. Sierra Way. At that time he was told there would be no problem in proceeding with his plan. - 23 - 7/5/88 .. . Approximately a month and a half ago, his request for a liquor license was denied. Mr. Alfi answered questions, stating he had not applied for a liquor license prior to opening his mini-mart. He described his discussions with the ABC, the Planning Department, where he applied for a CUP, and paid $375, and finally the Police Department, where he was told he probably would not be able to get the license. Principal stating that inventory of of the large Planner Montgomery answered questions, the Police Department had done an extensive liquor sales outlets in the area, and because number, the recommendation was for denial. Council Member Maudsley made a motion, seconded by Council Member Flores, that the hearing be closed and the appeal be denied, based on the concentration of alcoholic beverages licenses within a small area. The motion Council Members Noes: Council Pope-Ludlam. carried by the Estrada, Reilly, Member Miller. following vote: Ayes: Flores, Maudsley, Minor. Absent: Council Member . APPEAL - PLANNING COMMISSION'S DECISION TO DENY REQUEST - SEWER CONNECTION WAIVER NO. 88A-2 - REVIEW OF PLANS 88-25 - 3499 E. HIGHLAND - JACK E. REYNOLDS This is the time and place set to consider an appeal filed by Jack H. Reynolds for owner George Thanos, to reverse the Planning Commission's decision to deny the request for Sewer Connection Waiver No. 88A-2 for Review of Plans 88-25 on property located on the south side of East Highland, approximately 700 feet west of Palm at 3499 E. Highland. (49) Mayor Wilcox opened the hearing. John Montgomery, Principal Planner, stated Reynolds had withdrawn the appeal. that Mr. Assistant City Attorney Brue recommended appeal be denied, Slnce there is nothing in regarding the withdrawal of the appeal. that the writing Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the hearing be closed, the appeal be denied and Sewer Connection Waiver No. 88A-2 be denied. . LEGISLATIVE REVIEW COMMITTEE REPORT - JUNE 23, 1988 - JUNE 29, 1988 - COUNCIL MEMBER REILLY Council Member Reilly, Chairman of the Legislative - 24 - 7/5/88 fI . Review Committee, gave Review Committee meeting 29, 1988. At the meeting items were discussed: the report of the Legislative held on June 23, 1988 and June of June 23, 1988, the following (44) 1. Comcast Transfer Aqreement - Item was con- tinued to first meeting in August. 2. Cat Licensinq Proqram - Committee members Minor and Maudsley voted to go forward with a resolution and ordinance as recommended by staff. These documents will be placed on the July 18, 1988 Council Agenda. (See Item 3 - page 4) 3. Review of Cemeterv Commission - The Commit- tee recommended abolishment of the Cemetery Commission unless it is required by state statue. Effective date of discontinuance would be August 1, 1988. 4. Ordinance to Limit Campaiqn Contributions - Item was continued. . 5. Ordinance Amendinq Section 19.60.100, Sub- section A and B Reqardinq Temporary Siqns - The Committee recommended adoption of the pro- proposed negative declaratI0~. This Item will be placed on the July 18, 1988, Council Agenda. 6. Amendment to Resolution 88-65 Adoptinq Standard Requirement No. 11 Relatinq to Under- qround Utility Lines - Item tabled. 7. Request to Establish Procedure for Amendinq Interim Policy Document - Item continued to Special MeetIng at 3:30 p.m., June 29, 1988. MEETING OF JUNE 29, 1988 At the meetIng of the Legislative Review Committee held on June 29, 1988, the following item was discussed: 1. Request to Establish Procedure for Amendinq Interim Policy Document - The Committee recom- mended approval of the proposed procedures (attached) at the July 5, 1988, Council Meeting. It was recommended that the Legislative Review Committee would be a continuous conduit for interpreting, clarifying and recommending actions, changes or amendments to the Interim Policy. . Council Member Reilly Council Member Flores and made a motion, seconded by unanimously carried, that the - 25 - 7/5/88 If . minutes of the Legislative Review Committee meetings of June 23, and 29, 1988, be received and filed. Planning Director Siracusa explained that since the Interim Policy Document was adopted, there have been a number of people who have come to Planning with projects and found that they could not proceed. Therefore, the staff proposed some kind of amendment procedure in the Policy Document to allow the Council to make changes in it occasionally as appropriate. Ms. Siracusa explained memorandum dated July 5, grandfathering provisions projects. She explained with projects that had complete by May 23, 1988. that Attachment "A" to her 1988, provides amendment and for commercial and industrial that the grandfathering deals approval or had been deemed (See page 34 for further action) COUNCIL Council Meeting and MEMBER POPE-LUDLAM RETURNED Member Pope-Ludlam returned took her place at the Council to the Table. Council Ms. Siracusa explained that Exhibit "B" to her memorandum dated July 5, 1988, pertains to a policy regarding multi-family housing of a lesser density in areas designated for high density multi-family projects. . Dan Civiterese, 2130 W. Highland Avenue, stated he had been planning to have a delicatessen at this location, which was originally in a C-3A area and had been told by the Planning Department, that this was acceptable. Subsequently, the zone was changed to M-1. He stated he was eight days short of the Review of Plans. He stated his plans had been approved by the Health Department. Mr. Civiterese as this is needed plan had been Department. stated for the deemed he felt that citizens in incomplete food service such that area, but his by the Planning CITY ATTORNEY PENMAN ARRIVED City Attorney Penman arrived at the Council Meeting. Planning Director Siracusa stated that it had been agreed at the Legislative Review Committee that this matter could be handled through an interpretation of what was allowed in the M-I zone district and didn't need to come through this process. . Council Member Maudsley made a motion, seconded by Council Member Flores, to allow ancillary food services in any manufacturing, industrial or heavy commercial district so that San Bernardino workers can have lunch. (See page 27 for the vote - motion later rescinded, see page 28) - 26 - 7/5/88 r . Planning Director Siracusa stated this could be inserted as a policy in the document and would apply to anyone who has this kind of use. She stated that it would be necessary to define ancillary food service and recommended excluding drive through restaurants, as they generate a certain type of traffic. She considered this type of action to be a clarification to the Interim Policy Document. Mr. Penman explained the provisions of a letter his office received this date from OPR. Mr. Penman stated that OPR has to be notified of any changes to the Interim Policy Document within five days, but they do not have to approve such changes. Ms. Siracusa suggested that, rather lndividual changes one at a time like this, them be considered at the same time, in order specific orderly process. than taking a number of to keep to a Ms. Siracusa explained that in a use designations are being considered, Land use designations are a general kind of uses that would be allowed ordinance. General Plan, land not zone districts. description of the in an implementing . City Attorney Penman stated that his interpretation at this time is that unless the Interim Policy Document specifically prohibits such a use in the manufacturing district, ancillary food services would be permitted without any change at all. The motion by Council Member Maudsley, seconded by Council Member Flores to allow ancillary food services in any manufacturing, industrial or heavy commercial distrlct so that the San Bernardino workers can get lunch, carried by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: Council Members Estrada, Minor. Absent: None. City Attorney Penman spoke regarding grandfathering provisions In the Interim Document. He also referred to the letter from was received on this date and stated he would time to study it before making a decision grandfathering. the Policy OPR that like more regarding A discussion provisions. ensued regarding grandfathering . Planning regarding the Director Siracusa answered questions density requirements of a housing project - 27 - 7/5/88 I' . for Norton Air Force Base, stating the density must be within a certain range as specified. City Attorney Penman recommended that and "B" as referred to earlier in the adopted until further study is made of received dated July 1, 1988. Attachments "A" meeting not be the letter Just Mr. Penman stated that under the Brown Act, sufficient notice was not given for the Council to act on the matter of providing food services in a manufacturing zone. Council Member Minor made a motion, Council Member Miller and unanimously reconsider the previous motion regarding services in a manufacturing zone. seconded by carried, to ancillary food City Attorney Penman stated that it is the opinion of his office that the Interim Policy Document does not prohibit the ancillary food services as suggested, as long as the owner complies with all the other requirements, and advised the Planning Department to go ahead and accept and process his application. COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council Meeting. . Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, to rescind the motion to allow ancillary food services in any manufacturing, industrial or heavy commercial district so that the San Bernardino workers can get lunch, based on the fact the item was not on the agenda, and that the action is not needed. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council Meeting. COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council Meeting and took her place at the Council Table. FAREWELL TO PLANNING DIRECTOR SIRACUSA Mayor Wilcox acknowledged that Planning Director Siracusa had resigned her position as Planning Director for the City and thanked her for her all her efforts on behalf of the City. . PROPOSED EXPANDED CODE ENFORCEMENT PROGRAM - ADOPTION In a memorandum dated June 23, 1988, Mark Director of Building and Safety, presented Expanded Code Enforcement Program options. Sutton, proposed (43 ) - 28 - 7/5/88 . Option No. 1 provides for the addition Compliance Supervisor, a Senior Code Compliance Typist Clerk III and three additional Code Officers for a total cost of $255,000.00 for year; and $189,500.00 for the second year. of a Code Officer, a Compliance the first Option No. 2 provides for the addition Compliance Supervisor, a Senior Code Compliance Typist Clerk III, and one additional Code Officer, for a total cost of $166,860.00 for year; and $125,860.00 for the second year. of a Code Officer, a Compliance the first Option No. 3 provides for the addition of a Code Compliance Supervisor, a Senior Code Compliance Officer and a Typist Clerk III, for a total for the first year of $122,150.00; and $94,150.00 for the second year. Mark Sutton, Director of Building & Safety, presented the background of the need for additional code compliance employees. It is important to augment the staff to meet the community's needs and to establish a pro-active program for enforcement. . Acting City Administrator Robbins answered questions, stating that it is anticipated that the 1988-89 budget will be adopted on July 18, 1988, and expenditures from that budget can begin on July 19, 1988. The funds for this project are included in that budget. Mr. Sutton answered questions regarding the present staff and the proposed staff. The new program will put six Code Enforcement Officers in the field. Mayor Wilcox stated that this program is the strongest statement in recent years that the City is serious in improving the image of the City and to enforce the Municipal Code. She thanked staff and Council for bringing this action to fruition. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the Expanded Code Enforcement Program outlined in Option #1 as provided be approved and continued to be included in the proposed 1988-89 General Fund. City Clerk expressed his Program before Clark stated that Council support for the Expanded he left the meeting. Member Reilly had Code Enforcement Mr. Sutton thanked the Council for their help and support in implementing this program. . - 29 - 7/5/88 ~ . WAYS AND MEANS COMMITTEE REPORT - JUNE 30, 1988 - COUNCIL MEMBER ESTRADA Council Member Estrada, Chairman of the Ways and Means Committee, presented the report of the Ways and Means Committee meeting held on June 30, 1988. The following item was discussed: (S-l) 1. Expanded Code Enforcement Program - The Committee recommended approval and implementa- tion of Option 1. They additionally recommended a two-year sunset clause on allocation of refuse funds. The Committee requested a three-five year progression plan and an annual evaluation of the code enforcement program by the Board of Building Commissioners. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the minutes of the Ways and Means Committee meeting held on June 30, 1988, be received and filed. WAYS AND MEANS COMMITTEE REPORT - JUNE 27, 1988 - COUNCIL MEMBER ESTRADA Council Member Estrada, Chairman of the Ways and Means Committee, presented the report of the Ways and Means Committee meeting held on June 27, 1988. The following items were discussed: (46) . 1. Program Expansion Proposals and Fee Adiustments - A. City Clerk - Item continued. The Com- mittee recommended the City Clerk conduct a survey of the various departments in order to determine the kind of copies that are pro- vided to the public and what the pUblic is charged for those copies. This will provide us with the basis for making a more compre- hensive recommendation on t.j,,,, ,,<>ed to raise the copy fees for this department. (See Item 4 - page 4) B. Engineering - The Committee recommended that all proposed fees be implemented. A public hear- ing will be set for July 18, 1988. (See Item 5 - page 4) . C. Animal Control - The Committee recommended raising the $6.50 fee to $7.00 for licenses for altered dogs. The committee also recommended approval of the proposed citation system. This method would allow the City to collect citation fees directly rather than filing the citations with the County. These fees will be included - 30 - 7/5/88 l' for pUblic hearing on July 18, 1988. 6 - page 5) (See Item . D. Planning - The Committee recommended ap- proval of all proposed fee increases. These are to be included in the public hearing on July 18, 1988. The Committee further recom- mended a plan be established for the annual cost of living adjustments to planning fees. 2. Revised Refuse Field Operation aQd Fee Increases - The Committee recommended approval of once per week pickup in mobile home parks, Norton AFB housing, and when equipment is purchased, in the 7,000 - 8,000 single family residences serviced by the new automated side- loaders. The Committee also recommended a rate increase for 10, 20 and 40 cubic yard roll-off container units. Additionally, the Committee asked for a report on the phase-in, over a five-year period, of the automated side- loader and once a week program throughout the City. A public hearing will be set for August 1, 1988. . Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the minutes of the Ways and Means Committee meeting held on June 27, 1988, be received and filed. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. REIMBURSEMENT OF PARK DEVELOPMENT FEES - ROBERTSON HOMES - INDIAN CREEK PROJECT - TENTATIVE TRACT NO. 12896 - CONTINUED FROM JUNE 20, 1988 In a memorandum dated May 23, 1988, Annie Ramos, Director of Parks, Recreation & Community Development, presented the background regarding the request for reimbursement of Park Development Fees to Robertson Homes, the successor to Pacer University Associates, developer of rentative Tract No. 12896, in the amount of $31,750. This request is predicated on an agreement between the City, the Redevelopment Agency and the developer to accept dedicated landscape improvements in lieu of fees. The project is located at 1920 College Avenue, Bldg. 101. (S-5 ) Acting City Administrator Robbins answered questions, and explained the background. . Assistant City Attorney Brue stated that apparently there was an opinion from the City Attorney's Office In February regarding this matter. She stated, that based on - 31 - 7/5/88 J the agreement with the developer and the City, these were funds that were to be reimbursed. . Council Member Miller made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the approval of reimbursement of Park Development Fees to Robertson Homes, developer of Indian Creek Project be continued to July 18, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. RECESS MEETING - CLOSED SESSION At 4:47 p.m., Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the Regular Meeting of the Mayor and Common Council recess to a Closed Session pursuant to the following: Government Code Section 54956.9(b)(1), to its attorney regarding pending litigation, significant exposure to litigation; confer with as there is (50) Government Code Section 54956.9(c) attorney regarding pending litigation, decide whether to initiate litigation; to confer with its so that Council may (51 ) . Government Code matters; Section 54957, to consider personnel (52 ) Government Code attorney regarding initiated formally follows: Section 54956.9(a) to pending litigation to which the City confer which is a with its has been party as (53 ) U. S. Department of Labor vs. Inland Manpower ~ssociation - Administrative Law Judge, Case #85-CTA-55; ~:!'~Y- of San Mana~ment, Inc. , Case No. 238755; Bernardino vs. California Construction et al - San Bernardino Superior Court Saldecke, et al vs. City of San Berni'rdino..L...et_al - San Bernardino Superior Court Case No. 236836; Cable Lakes Associates vs. City of San Bernardino- San Bernardino Superior Court Case No. 238714 and Case No. 239649; . City of Club, Inc. 239193; San Bernard~nQ vs. San Bernardino San Bernardino Baseball Superior Court Case No. - 32 - 7/5/88 " . Stubblefield Construction Company, et al vs. City of San Bernardino et al - San Bernardino Superior Court Case No. 232998; J>arratt, Inc., vs. City of .San Bernardino San Bernardino Superior Court Case No. 222765; Daub and Gordon vs. Ci~Qf San Bernardino - San Bernardino Superior Court Case No. 242433; Deyon vs. City of San Bernardino - San Bernardino Superior Court Case No. C 236411; Government Code Section 54956.8 to give instructions to the City's negotiator regarding negotiations with ~ounty of San Bernardino concerning the purchase/sale lexchange/lease of the property located at Pacific and Arden (Patton Park property). (5-5) CLOSED SESSION At 4:50 p.m., the Closed Session was called to order by Mayor Wilcox in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Assistant City Attorney Brue, Acting City Administrator Robbins. Absent: City Clerk Clark. Also present: Deputy City Attorney McQueen, Jerry Hogsdon, Safety Officer. ADJOURN CLOSED SESSION At 5:54 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 5:54 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of 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 Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Sr. Assistant City Attorney Brue, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Member Estrada. . - 33 - 7/5/88 f . RESOLUTION OF THE CITY OF SAN BERNARDINO RENEWING THE COMMITMENT TO COMPLETE DEVEL- OPMENT 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 earlier in the meeting. See Page 7) (12) Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be continued to 6:00 p.m., Thursday, July 7, 1988, at the Mediterranean Restaurant, 1300 E. Highland Avenue, San Bernardino, Californla. CLOSED SESSION - PATTON PARK PROPERTY The Closed Session pursuant to Government Code Section 54956.8 to give instructions to the City's negotiator regarding negotiations with County of San Bernardino concerning the purchase/sale/exchange/lease of the property located at Pacific and Arden (Patton Park property) was continued to 6:00 p.m., Thursday, July 7, 1988, at the Mediterranean Restaurant, 1300 E. Highland Avenue, San Bernardino, California. (S-5) . APPOINTMENT - INTERIM PLANNING DIRECTOR Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, to approve the appointment of Michael Loehr as Interim Planning Director, at Range 4177, Step 1, $4,516 per month. The appointment is effective July 11, 1988, not to exceed six months. (S-3) LEGISLATIVE REVIEW COMMITTEE REPORT ITEM - ESTABLISH PROCEDURE FOR AMENDING INTERIM POLICY DOCUMENT - (SEE PAGE 25) City Attorney Penman requested that the request to establish procedures for amending the Interim Policy Document be continued to July 18, 1988, to give him time to look at the legal sufficiency of the grandfathering provisions. (44g) Council Member Maudsley made a motion, seconded by Council Member Miller and unanimously carried, that the request to establish procedure for amending the Interim Policy Document be continued to Monday, July 18, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that the minutes of the Legislative Review Committee meetings held on June 23, 1988, and June 29, 1988, be received and filed. - 34 - 7/5/88 , COUNCIL PERSONNEL COMMITTEE REPORT - JUNE 23, 1988 - COUNCIL MEMBER REILLY . Council Member Reilly, Chairman of the Council Personnel Committee, gave the report of the Council Personnel Committee meeting held on June 23, 1988. The following items were discussed: ( 45) 1. Resolution Amendinq Resolution 10584 Entitled in Part "A Resolution . . . Establishinq Employer- !~J1]pJ,~ee -F-_eJa tions ~--,-_--''i_RLAddinq the Pos i tions of City Attorney Investiqator and Senior Data SyS- t~nl~L.Qf>era:t::or Effective Jul Y.3.L_l988 - Committee recommended approval. Item will appear on July 5, 1988, Council Agenda. The Committee agreed that a review and analysis is in order regarding Confiden- tial positions. No date was established for re- turn to Committee. 2, Personnel Needs of the C~_:t::y. Cl~U;:f.:f s Offic.e - After considerable discussion and with the con- currence of the City Clerk, Alternative 2 (attached) is recommended for adoption. Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the minutes of the Council Personnel Committee meeting held on June 23, 1988, be received and filed. . PERSONNEL ACTIONS - GENE KLATT - DIRECTOR OF PUBLIC WORKS/CITY ENGINEER - HIGHER ACTING CLASSIFICATION - CONTINUED FROM EARLIER IN THE MEETING Mayor Wilcox stated that since there was some question whether the City Engineer, who is ill, would be returning to work, she requested that the appointment of Gene Klatt, to a Higher Acting Classification as Dlrector of Public Works/City Engineer, be continued to 6:00 p.m., July 7, 1988, at the Mediterranean Restaurant, 1300 E. Highland, California. (See page 6) (11) CLOSED SESSION - PERSONNEL MATTERS Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, that the Closed Session to consider personnel matters pursuant to Government Code Section 54957 be continued to 6:00 p.m., July 7, 1988, at the Mediterranean Restaurant, 1300 E. Highland Avenue, San Bernardino, California. (52) ~he motion carried by the following vote: Ayes: Council members Reilly, Flores, Minor. Pope-Ludlam, Miller. Noes: Council Member Maudsley. Absent: Council Member Estrada. . - 35 - 7/5/88 " . ADJOURNMENT At 6:15 p.m., Council Member Minor made a seconded by Council Member Miller and unanlmously that the meeting be adjourned to 6:00 p.m., on 1988, at the Mediterranean Restaurant, 1300 E. Avenue, San Bernardino. ~/?/7/d~ /" City Clerk . No. of Items: 71 No. of Hours: 9 . - 36 - motlon, carried, July 7, Hlghland (54) 7/5/88