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HomeMy WebLinkAbout06-19-1989 Minutes . City of San Bernardino, California June 19, 1989 The Regular Meeting of the Mayor and of the City of San Bernardino was called to Pro Tempore Reilly at 9:02 a.m., on Monday, in the Council Chambers of City Hall, Street, San Bernardino, California. Common Counc i 1 order by Mayor June 19, 1989, 300 North "0" INVOCATION The Invocation was given by Rev. David Randolph of San Bernardino Community Hospital. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Lester Melzer, a citizen of the City of San Bernardino. ROLL CALL Roll Call was taken with the following being Mayor Pro Tempore Reilly; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Deputy City Clerk Reese, City Administrator Absent: Mayor Holcomb, City Attorney Penman. present: Estrada, Miller; Julian. . PUBLIC COMMENTS - RUBEN HERNDON - DUFFY STREET DISASTER Ruben Herndon, Chairman of the Project Area Committee, spoke on behalf of the victims of the Duffy Street Disaster. He presented several recommendations that would help speed up the process of providing aide to those individuals involved in the derailment and explosion disaster. (A) SENIOR ASSISTANT CITY ATTORNEY BARLOW ARRIVED At 9: 12 a.m., Senior Assistant City Attorney Barlow arrived at the Council Meeting . COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. PRESENTATIONS - SERVICE AWARDS It was the consensus of the Council that this item be continued to July 5, 1989, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. (B) APPOINTMENTS There were no appointments. (C) . 1 6/19/89 . APPROVE MINUTES - MAY 23,1989, JUNE 2, 1989, JUNE 3, 1989, JUNE 4, 1989, JUNE 7, 1989 Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council of the Ci ty of San Bernardino, be approved as submitted in typewritten form: May 23, 1989, June 2, 1989, June 3, 1989, June 4, 1989, and June 7, 1989. (1) APPROVAL OF LEGISLATIVE REVIEW COMMITTEE MINUTES - JUNE 8, 1989 - COUNCIL MEMBER REILLY Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that the report from the Legislative Review Committee meeting held June 8, 1989, be received and filed. The following items were on the agenda: (2) 1. Proposed Street Banner Ordinance; 2. Code Compliance Program Review; 3. Proposed Ordinance to Establish a Permanent Policy and Guidelines for Quality Managed Growth in San Bernardino; . 4. Request for Waiver of Requirement to Under- ground Utilities - Expansion of Omnitrans Facility Northwest Corner of Medical Center and 5 th Street; 5. Certificate of Occupancy and Home Occupancy Permit. APPROVAL OF WAYS AND MEANS COMMITTEE MINUTES - JUNE 12, 1989 - COUNCIL MEMBER ESTRADA Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that the report from the Council Ways and Means Committee meeting held June 12, 1989, be received and filed. The following items were on the agenda: (3) 1. Request to Restructure CDBG Loan - Home of Neighborly Services; 2. Report on Cultural Fees; 3. General Obligation Bond Committee Recommendation; 4. Convention and Visitor Bureau Presentation. . 2 6/19/89 --- T .~- . WAIVER OF PARK AND RECREATION CONSTRUCTION FEE _ REQUEST TO BE HEARD - PAUL AND LAURA BLANKENSHIP _ 5536 NORTH "E" STREET In a letter dated June 5, 1989, Paul and Laura Blankenship requested a waiver of the Park and Recreation Construction Fee for the construction of a personal residence destroyed in the Panorama Fire on December 24, 1980. The property is located at 5536 North "E" Street. (4) In a memorandum dated May 18, 1989, Bernard C. Kersey, Director of Administration and Finance of the Water Department, stated that the Blankenships do not have to purchase sewer capacity rights based on the Water Department's policy which states. . . "if a single family house exists or was demolished and was connected to the sewer system, there are no sewer capacity fees due if the new structure is a single family dwelling unit". Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that the request of Paul and Laura Blankenship to waive the Park and Recreation fee associated with the construction of a personal residence at 5536 North "E" Street, be heard Monday, July 3, 1989, at 10:00 a.m. . (Due to the Fourth of July Holiday the Council Meeting will be held on July 5, 1989). ASSESSMENT DISTRICT #5861 - JULY 1989 BOND PAYMENT ADVANCEMENT OF FUNDS In a memorandum dated June 8, 1989, Craig A. Graves, City Treasurer, stated that another semi-annual payment of interest is due to be paid in July 1989, to the bondholders of Assessment District #5861. Until a contract is signed wi th a developer to develop the seventy-seven lots, the City is responsible to make semi-annual payments to the bondholders to insure that the bonds do not go into default. He suggested that the $80,000.00 advance be made from Account No. 121-544-57735, CDBG Appropriated Reserve. (5) Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that the Director of Finance and the Director of Community Develop- ment be authorized to advance $80,000.00 from Account No. 049-000-30405, to the Debt Service Account of Assessment District #5861, to be refunded to the City at the completion of the property transaction. . 3 6/19/89 .. . ~ .~,'~~ . VACATION - PORTION OF ALLEY - NORTH OF 11TH STREET BETWEEN LUGO AVENUE AND SEPULVEDA AVENUE - ADOPTION OF NEGATIVE DECLARATION AND FINDING OF CONSISTENCY WITH THE CIRCULATION ELEMENT OF THE GENERAL PLAN In a memorandum dated June 5, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that the Environmental Review Committee recommended adoption of the Negative Declaration for Public Works Project No. 89-17 to vacate a 152 foot portion of an alley located north of 11th Street between Lugo Avenue and Sepulveda Avenue. (7) A public review period was afforded and no comments were received. Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the Negative Declaration for Public Works Project No. 89-17, vacation of a 152 foot portion of an alley located north of 11 th Street between Lugo Avenue and Sepulveda Avenue, be adopted. . Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that a finding be made that the vacation of a 152 foot portion of an alley, located north of 11th Street between Lugo Avenue and Sepulveda Avenue, is consistent with the circulation element of the General Plan. VACATION - CHESTNUT AVENUE BETWEEN IRVINGTON AVENUE AND OHIO AVENUE - ADOPTION OF NEGATIVE DECLARATION AND FINDING OF CONSISTENCY WITH CIRCULATION ELEMENT OF THE GENERAL PLAN In a memorandum dated June 5, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that the Environmental Review Committee recommended adoption of the Negative Declaration for Public Works Project 89-18 to vacate Chestnut Avenue between Irvington Avenue and Ohio Avenue. (8) A public review period was afforded and no comments were received. Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the Negative Declaration for Public Works Project No. 89-18, for the vacation of Chestnut Avenue between Irvington Avenue and Ohio Avenue, be adopted. . 4 6/19/89 11 ""'11""'." .,' "'''''-O---;W . Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the vacation of Chestnut Avenue, between Irvington Avenue and Ohio Avenue, is consistent with the circulation element of the General Plan. STREET LIGHT INSTALLATION - SOUTH "E" STREET FROM ORANGE SHOW ROAD TO MILL STREET - APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated June 7, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for the installation of street lights on South "E" Street, from Orange Show Road to Mill Street, have been prepared and the project is ready to be advertised for bids. The total estimated project cost is $94,000.00. (9) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the plans for installation of street lights on South "E" Street, from Orange Show Road to Mill Street, in accordance with Plan No. 7802, be approved; and that the Director of Publ ic Works/Ci ty Eng ineer be author i zed to advertise for bids. . BOX CULVERT CONSTRUCTION - 48TH STREET AT DEVIL'S CANYON DIVERSION CHANNEL - APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated May 24, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for construction of a box culvert on 48th Street, at Devil's Canyon Channel, have been prepared and the project is ready to be advertised for bids. The project consists of installing either a series of five pipes, or a reinforced concrete box culvert, to eliminate the present dip crossing, at a total estimated project cost of $475,800.00. (11) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the plans for construction of a box culvert on 48th Street, at Devil's Canyon Diversion Channel, in accordance with Plan No. 7443, be approved; and tha t the Director of Publ ic Works/City Engineer be authorized to advertise for bids. . 5 6/19/89 . CONTRACT - CHANGE ORDER NO. THREE - MENTONE TURF SUPPLY - MAINTENANCE OF LANDSCAPING AT CENTRAL CITY MALL, CITY HALL, CENTRAL CITY PARKING DISTRICT LOTS 1, 2, and 3, CENTRAL CITY WEST AND VARIOUS OTHER FACILITIES In a memorandum dated May 26, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that Change Order No. Three to the contract with Mentone Turf Supply for the maintenance of landscaping at the Central City Mall, City Hall, Central City Parking District Lots 1, 2, and 3, Central City West and various other facilities, incorporates the supplemental items of work to include non-repetitive work, such as replacement of trees, ground cover and sprinkler heads, for an estimated cost of $9,440.00. (14) . Counc i 1 Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that Change Order No. Three, to the contract with Mentone Turf Supply for maintenance of landscaping at Central City Mall, City Hall, Central City Parking District Lots 1, 2 and 3, Central City West and various other facilities, in accordance with Plan No. 6738 (1989-90), be approved; that the contract be extended for a period of one year; that the basic bid prices be adjusted by 6.5%, and that the supplemental items of work and amendments to special provisions be incorporated into the contract, for an estimated increase in the contract price of $15,551.00, from $94,000.00 to $109,551.00. CONTRACT - CHANGE ORDER NO. ONE - MENTONE TURF SUPPLY - MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT NO. 953 - PORTIONS OF 16TH STREET, FROM CALIFORNIA STREET TO MUSCOTT STREET In a memorandum dated May 31, 1989, Roger Hardgrave, Director of Public Work/City Engineer, stated that Change Order No. One to the contract with Mentone Turf Supply for maintenance of landscaping in Assessment District No. 953 (16th Street, from California Street to Muscott Street) extends the terms of the contract for a one year period, from July 1, 1989 to June 30, 1990, and incorporates the supplemental items of work for non-repetitive work, such as the replacement of trees, ground cover and spr inkler heads, for an estimated cost of $1,435.50. (15) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that Change Order No. One, to the contract with Mentone Turf Supply, for maintenance of landscaping in Assessment District No. 953, in accordance with Plan No. 6177 (1989-90), be . 6 6/19/89 T . . approved; that the contract be extended for a period of one year; that the contract unit bid price be adjusted by 6.5%; and that the supplemental items of work and amendments to special provisions be incorporated into the contract, for an estimated increase in the contract price of $1,689.50, from $4,717.50 to $6,407.00. CONTRACT - CHANGE ORDER NO. FIVE - MATICH CORP. _ EXCAVATION OF UNSUITABLE MATERIAL AND LAYING OF GEO GRID SUBGRADE STABILIZATION MAT - HOSPITALITY LANE - APPROVAL AND ACCEPTANCE OF WORK In a memorandum dated May 2, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that Change Order No. Five authorizes Matich Corporation to excavate unsuitable material, and lay a geo grid subgrade stabilization mat on Hospitality Lane, for an increase in the contract price of $7,665.22. The final cost of the contract price to the City is $163,994.43. (16) . Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that Change Order No. Five to the contract with Matich Corporation, for the rehabilitation of pavement on Hospitality Lane, per Plan No. 7548, be approved; that the contractor be authorized to excavate unsuitable material, and lay a geo grid subgrade stabilization mat, for an increase in the contract price of $7,665.22; and that the final payment be authorized at the expiration of the lien period. CONTRACT - CHANGE ORDER NO. ONE - L. BARRIOS & ASSOCIATES, INC. - MAINTENANCE OF SECCOMBE LAKE PARK In a memorandum dated June 1, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that Change Order No. One to the contract with L. Barrios & Associates, Inc. for the maintenance of Seccombe Lake Park extends the term of the contract for a one-year period, from July 1, 1989 to June 30, 1990, and incorporates the supplemental items of work for non-repetitive work, such as replacement of trees, ground covers and sprinkler heads, for an estimated increase of $14,317.00. (17) . Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that Change Order No. One, to the contract with L. Barrios & Associates, Inc. for maintenance of Seccombe Lake Park, in accordance with Plan No. 7172 (1989-90), be approved; that the contract be extended for a period of one year; that the contract unit bid prices be adjusted by 6.5%; and that the supplemental items of work and amendments to special provisions be incorporated into the contract, for an estimated increase of $14,317.00 in the contract price, from $42,000.00 to $56,317.00. 7 6/19/89 . CONTRACT - CHANGE ORDER NO. TWO - CHEROKEE LANDSCAPE SERVICES - ASSESSMENT DISTRICT 951 (KENDALL DRIVE) & ASSESSMENT DISTRICT 952 (UNIVERSITY PARKWAY) - LANDSCAPING MAINTENANCE In a memorandum dated June 2, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that Change Order No. Two to the contract with Cherokee Landscape Services for landscape maintenance in Assessment District 951 (Kendall Drive) and Assessment District 952 (Univer- sity Parkway) incorporates the supplemental items of work for non-repeti ti ve work, such as replacement of trees, ground cover and sprinkler heads, for an estimated cost of $20,730.00 (18) . Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that Change Order No. Two to the contract with Cherokee Landscape Serv ices, for land scapi ng maintenance in Assessment District Nos. 951 and 952, in accordance with Plan Nos. 6192-A and 6056-A, be approved; that the contract be extended for a period of one year; that the contract bid prices be adjusted by 6.5%; and that the supplemental bid items and amendments to special provisions be incorporated into the contract, for an estimated increase in the contract price of $20,730.00, from $41,623.00 to $62,353.00. CONTRACT - CHANGE ORDER NO TWO - CHEROKEE LANDSCAPE SERVICES - ASSESSMENT DISTRICTS 956 & 968 (TRI-CITY COMPLEX) - LANDSCAPING MAINTENANCE In a memorandum dated June 1, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that Change Order No. Two to the contract with Cherokee Landscape Services for landscaping maintenance for Assessment Districts 956 and 968 (Tri-City Complex), extends the terms of the contract for one year, from July 1, 1989 to June 30, 1990; and incorporates the supplemental items of work for non-repeti ti ve work, such as replacement of trees, ground cover and spr inkler heads which were not included in the original contract, for an estimated cost of $25,580.00 (19) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that Change Order No. Two to the contract wi th Cherokee Landscape Services for the maintenance of landscaping within the Tri-City Complex, per Plan Nos. 6244 & 6738-A, be approved; that the contractor be authorized to extend the contract for a period of one year, from July 1, 1989 to . 8 6/19/89 ~-~-T.. .--_..--_.~~~,- -_..~....,,--,.,.,~..- . June 30, 1990; that the bid prices be adjusted by 6.5% to account for inflation; and that the supplemental items of work and amendments to the special provisions be incorporated into the contract for an increase in the contract price of $25,580.00, from $59,996.00 to $85,576.00. CONTRACT - CHANGE ORDER NO ONE - MENTONE TURF SUPPLY ASSESSMENT DISTRICTS 974, 975 & 981 - (RIALTO AVENUE, MILL STREET AND MERIDIAN AVENUE) - LANDSCAPING MAINTENANCE In a memorandum dated June I, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that Change Order No. One to the contract with Mentone Turf Supply for maintenance of landscaping in Assessment Di str ict (Nos. 974 (Rialto Avenue), 975 (Mill Street) and 981 (Meridian Avenue), extends the terms of the contract for one year from July I, 1989 to June 30, 1990, and incorporates the supplemental bid i terns for non-repeti ti ve work, such as replacement of trees, ground cover and sprinkler heads at an estimated cost of $5,484.50 (20) . Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that Change Order No. One to the contract with Mentone Turf Supply, for maintenance of landscaping in Assessment District Nos. 974, 975 and 981, in accordance with Plan Nos. 6998, 7ll8-A and 7316, be approved; that the contract be extended for a period of one year; that the contract unit bid prices be adjusted by 6.5%; and that the supplemental bid items and amendments to special provisions, be incorporated into the contract, for an estimated increase in the contract price of $5,484.50, from $11,330.00 to $16,814.50. CONTRACT - CHANGE ORDER NO. ONE - CHEROKEE LANDSCAPE SERVICES - ASSESSMENT DISTRICT NO. 976 - PINE AVENUE AND METROPOLITAN WATER DISTRICT - LANDSCAPING MAINTENANCE In a memorandum dated June I, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that Change Order No. One to the contract with Cherokee Landscape Service for landscaping maintenance within Assessment District No. 976 (Pine Avenue and Metropolitan Water District), extends the terms of the contract for one year from July I, 1989, to June 30, 1990, and incorporates the schedule of supplemental items of work for non-repetitive work, such as replacement of trees, ground cover and sprinkler heads into the contract, for an estimated cost of $5,777.00. (21) . 9 6/19/89 . Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that Change Order No; One to the contract wi th Cherokee Landscape Services, for maintenance of landscaping within Assessment District No. 976, be approved; that the contract be extended for a period of one year; that the bid prices be adjusted by 6.5% to account for inflation; and that the supplemental items of work and amendments to special provisions be incorporated into the contract for an increase in the annual contract price of $5,777.IHl, from $24,400.00 to $29,977.00. SET PUBLIC HEARING - INCREASE FEES - CEMETERY MATERIALS AND SERVICES In a memorandum dated May 23, 1989, Dan Ustation, Cemetery Superintendent, requested that a public hearing be set to consider an increase in fees for the sale of Cemetery materials and services. A survey of privately owned and other municipal cemeteries was conducted. The proposed fee increase will generate $30,000.00 in revenue. (23) . Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that a public hearing be set for July 5, 1989, at 10: 00 a.m., to consider a price increase for adult graves, interment charges, concrete vaults and bell liners. CLAIMS AND PAYROLL Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the claims and payroll, and the authorization to issue warrants as listed on the memorandum form the Director of Finance, dated June 14, 1989, be approved. (24) PERSONNEL ACTIONS Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the personnel actions submitted by the Director of Personnel, dated June 9, 1989, in accordance with all administrative regulations of the City of San Bernardino, be approved. (25) . VACATION - 145 FOOT PORTION OF ESPERANZA STREET BETWEEN THE RIGHT-OF-WAY OF 1-215 AND "H" STREET _ ADOPTION OF NEGATIVE DECLARATION AND FINDING OF CONSISTENCY WITH CIRCULATION ELEMENT OF THE OF GENERAL PLAN In a memorandum dated June 5, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that the Environmental Review Committee recommended adoption of the 10 6/19/89 r---. T . Negative Declaration for Public Works Project No. 89-16, for the vacation of a 145 foot portion of Esperanza Street, located between the right-of-way of 1-215 and "H" Street. A public review period was afforded and no public comments were received. (6) The Mayor and Common Council discussed the fact that the proposed project in this area has been withdrawn, and that the ramifications of continuing with the vacation are uncertain. Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that this matter be continued to July 5, 1989, in the Council Chambers of City Hall, 31Hl North "D" Street, San Bernardino, California. STREET NAME CHANGE - FROM MUSCOTT STREET TO MEDICAL CENTER DRIVE ON COUNCIL AGENDA Phil Arvizo, Executive Assistant to Council, pointed out that several i terns on the Council Agenda referred to the old street name of Muscott Street instead of Medical Center Drive. . Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that "Muscott Street" be changed by interdelineation to read "Medical Center Drive" wherever it appears on the Council Agenda. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned Meeting and took her place at the Council to the Table. Council VACATION OF PARKWAYS RELATIVE TO ENCROACHMENTS _ MEYERS ROAD, WEST OF LITTLE LEAGUE DRIVE AND MEYERS COURT - TRACT NO. 11118 - APPROVAL OF PLANS In a memorandum dated June 2, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that approval of Plan No. 7809 is the next step in the formal proceedings for the vacation of the parkways along Meyers Road and Meyers Court within Tract No. 11118 relative to encroachments by the property owners. (10) Council Member Flores made a motion, seconded by Council Member Maudsley, that Plan No. 7809, for the vacation of the parkways on Meyers Road and Meyers Court, be approved. . 11 6/19/89 ,. . The motion carried by the following vote: Council Members Estrada, Flores, Maudsley, Pope-Ludlam, Miller. Noes: Council Member Absent: None. Ayes: Minor, Reilly. TRAFFIC SIGNAL - 10TH AND "En STREETS Susan Smith Hartman Rogers, a citizen of the City of San Bernardino, requested that an adjustment be made on the 10th and "E" Street signal lights. RENEWAL OF CONTRACT - CHANGE ORDER NO. ONE _ ARROW POWER SWEEPING - SWEEPING SERVICES OF THE CENTRAL CITY SURFACE PARKING LOTS AND THREE-LEVEL PARKING STRUCTURE In a memorandum dated June 6, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that Arrow Power Sweeping has agreed to renew their contract for sweeping services of the Central City Mall surface parking lots and the three level parking structure. Change Order No. One will renew the term of the contract for a one year period from July 1, 1989 to June 30, 1990, and will increase the contract price by 4% to account for a cost of living increase. The contract price will increase from $44,100.00 to $45,854.00. (12) . Lorraine Velarde, Executive Assistant to the Mayor, answered questions regarding the 4% inflation rate increase as compared to the 6.5% increase in other contract extensions. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that Change Order No. One to the contract with Arrow Power Sweeping, for providing sweeping services for the Central City Surface Parking Lots and the Three-Level Parking Structure, in accordance with Plan No. 7085, be approved; that the term of the contract be renewed for a period of one year, from July 1, 1989 to June 30, 1990; and that the contract price be increased by 4% to account for inflation from $44,100.00 to $45,854.00. . CONTRACT - CHANGE ORDER NO. ONE - INLAND OVERHEAD DOOR COMPANY - REPAIR AND MAINTENANCE PUSH DOWN SPRINGS ON OVERHEAD DOORS VARIOUS PUBLIC BUILDINGS In a memorandum dated June 7, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that Change Order No. One to the contract with Inland Overhead Door Company for repairs, maintenance and installation of push down springs on doors in various pUblic buildings of the City is needed to bring the doors up to good working order. The cost of this work is $9,453.75. (13) 12 6/19/89 ~ . It was agreed that this item be continued to later in the meeting so that the Superintendent of Public Buildings could be present to answer questions. (See Page 46) SET PUBLIC HEARING - MEDICAL TRANSPORTATION RATE INCREASE In a memorandum dated May 24, 1989, Lee Gagnon, Business License Supervisor, recommended that a publ ic hearing be set to discuss the proposed increase in medical transportation services as recommended by the Bureau of Franchises after their review of a request from Courtesy Services for an increase in ambulance service rates and to index the rates to those established by the County of San Bernardino. (22) Council Member Flores stated that he would abstain from voting on this issue. . Council Member Miller made a motion, seconded by Council Member Estrada, that a public hearing be set for July 17, 1989 at 10:00 a.m. to consider adopting the resolution to increase ambulance rates; that the City Attorney be instructed to prepare the necessary resolution for adoption; that the City Clerk be authorized to publish notice of public hearing in "block ad format" in the San Bernardino Sun Newspaper; and that this matter be referred to the Ways and Means Committee. The motion was adopted by the following vote: Council Member Estrada, Reilly, Maudsley, Pope-Ludlam, Miller. Noes: None. Abstain: Member Flores. Ayes: Minor, Council PROTEST HEARING - VACATION OF MAIN STREET AND BROADWAY STREET BETWEEN "I" AND "J" STREETS A.T. & S.F. RAILROAD CROSSINGS - CONTINUED FROM MAY 1, 1989 This is the time and place continued to for a protest hearing concerning the vacation of portions of Main and Broadway Streets, between "I" and "J" Streets. This matter was continued from May 1, 1989, in order for the Redevelopment Agency Committee to prepare background informa tion regard ing the impact of the removal of the railroad tracks from the Central City South project area. (26) The Mayor and Common Council agreed that this matter be continued to July 5, 1989, for more information from the Redevelopment Agency Committee. . 13 6/19/89 , . Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that the protest hearing concerning the street vacation of portions of Main Street and Broadway Street, between "I" and "J" Street, be continued to July 5, 1989, in the Council Chambers of Ci ty Hall, 3lHl North "0" Street, San Bernar- dino, California, for more information from the Redevelop- ment Agency Committee. READING AND WAIVING OF RESOLUTIONS Deputy City Clerk Reese read the titles of all the resolutions on the Council and Supplemental Agendas. Council Member Flores made a motion, Council Member Minor and unanimously carried, reading of the resolutions be waived. seconded by that further A discussion ensued regarding the size of the agenda back-up and the costs involved with printing it. Council Member Flores made a motion, seconded by Council Member Maudsley, and unanimously carried, that the following resolutions be tabled. . A RESOLUTION OF THE CITY OF SAN BERNARDINO CHANGING THE NAME OF CARNEGIE DRIVE BETWEEN HOSPITALITY LANE AND HOSPITALITY LANE, TO TRI-CITY CORPORATE DRIVE, WITHIN THE CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO, WITH EFFECTIVE DATE OF JANUARY 1, 1990. (Continued from May 15, 1989) (30) A RESOLUTION OF THE CITY OF SAN BERNARDINO CHANGING THE NAME OF MAC KAY DRIVE BETWEEN SOUTH "E" STREET AND SOUTH "D" STREET, TO FAIRWAY DRIVE, WITHIN THE CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO, WITH AN EFFECTIVE DATE OF JANUARY 1, 1990. (Continued from May 15, 1989) (31) RES. 89-178 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING AN INTERIM BUDGET OF SAID CITY FOR THE FISCAL YEAR 1989-1990 FOR THE PERIOD JULY 1 THROUGH AUGUST 1, 1989. (32) City Administrator Julian answered questions, stating that this resolution will extend the 1988-89 Budget for only one month at the current spending level. . 14 6/19/89 I~. , ,.. . Council Member Reilly made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 89-178 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO CLARIFYING THE EMPLOYMENT STATUS OF MARSHALL W. JULIAN AS CITY ADMINISTRATOR. (33) A discussion ensued regarding the wording resolution concerning the length of time Marshall is to hold the position of City Administrator. of the Julian It was recommended tha t Line 17, Page Page 2 of the resolution be changed to one-year period". 1 and Line 9, read "for a . City Administrator Julian stated that this resolution is a memorandum of understanding and not a contract. He sta ted that he has no problems wi th the suggested change in the resolution. CITY ATTORNEY PENMAN ARRIVED At 9:45 a.m., City Attorney Penman Council Meeting and replaced Senior Attorney Barlow. arrived at the Assistant City City Attorney Penman answered questions regarding legal aspects of the resolution appointing Marshall Julian as City Administrator. City Attorney Penman answered questions, stating that the appointment of the City Administrator is made by Mayor and Common Council even though no mention is made in the body of the resolution. He stated that the vote on the resolution would show that the Common Council was involved. He further stated, that this resolution does not contain a 30-day cancellation clause. The resolution is for a one-year period of time and discontinues Mr. Julian's status as a retired employee. In order for Mr. Julian to become el ig ible as a Ci ty employee and to meet the P.E.R.S requirements, he will have to pass a physical examination. . 15 6/19/89 . Mr. Julian stated that the physical examination has already been conducted. City Attorney Penman stated that there are some areas of this resolution that need to be reviewed. This item was discussed in Closed Session. RECESS MEETING - CLOSED SESSION At 9:55 a.m., Council Member Estrada made a motion, seconded by Council Member Miller, that the resolution concerning the employment status of Marshall Julian as City Administrator be discussed in Closed Session pursuant to Government Code Section 54957, to consider personnel matters. (86) The motion carried by the following vote: Council Member Estrada, Reilly, Flores, Miller. Council Members Maudsley, Minor, Pope-Ludlam. None. Ayes: Noes: Absent: . CLOSED SESSION At 9: 55 a.m., Mayor Pro Tempore Reilly called the Closed Session to order in the Conference Room of the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Pro Tempore Reilly; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, Deputy City Clerk Reese, City Administrator Julian. Absent: Mayor Holcomb. ADJOURN - CLOSED SESSION At 10: 15 a.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At Regular in the Street, 10:15 a.m., Mayor Pro Tempore Reilly called the Meeting of the Mayor and Common Council to order Council Chambers of City Hall, 300 North "0" San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Pro Tempore Reilly; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, Deputy City Clerk Reese, City Administrator Julian. Absent: Mayor Holcomb. . 16 6/19/89 . RES. 89-179 - RESOLUTION OF THE CITY OF SAN BERNARDINO CLARIFYING THE EMPLOYMENT STATUS OF MARSHALL W. JULIAN AS CITY ADMINISTRATOR. (Discussed earlier in the meeting. See Page 15) (33) Council Member Estrada made a motion, seconded by Council Member Minor, that said resolution be adopted as amended by striking the words "at least" on Line 17, Page 1 and Line 9, Page 2. Resolution No. 89-179 was adopted as amended by the fOllowing vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. RES. 89-180 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE DIS- POSAL OF ANIMAL CARCASSES FROM STATE HIGHWAYS IN THE SAN BERNARDINO AREA. (34) . In a memorandum dated May 24, 1989, Deborah L. Biggs, Director of Animal Control, stated that Cal Trans has been given permission to access the City's Animal Shelter freezer for the deposi ting of animal carcassess removed from the State roadways. The monthly fee has been established at $35.00 per month for the FY 1990 and is to be be billed quarterly. COUNCIL MEMBER MINOR EXCUSED Council Member Minor left the Council Meeting. A discussion ensued regarding the possibility of billing Cal Trans once a year instead of quarterly. City Administrator Julian stated billed on a quaterly basis does not labor costs. that the $420.00 exceed the Ci ty' s Council Member Maudsley made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 89-180 was vote: Ayes: Council Members Maudsley, Pope-Ludlam, Miller. Council Member Minor. adopted by the following Estrada, Reilly, Flores, Noes: None. Absent: . 17 6/19/89 r r . APPEAL HEARING - BBC'S ASSESSMENT OF COSTS _ WEED ABATEMENT - FOURTH AND KENDALL STREETS _ MICHAEL P. ALLEN - CONTINUED FROM JUNE 19, 1989 This is the time and place continued to for an appeal hearing requested by Michael P. Allen concerning weed abatement costs of $1,667.26 assessed by the Board of Building Commissioners on property located at Fourth and Kendall Streets. This matter was continued to allow the Director of Public Services an opportunity to review pictures that were presented to the Board of Building Commissioners and ascertain that the pictures were of Mr. Allen's property. (27) In a memorandum dated June 15, 1989, Manuel Moreno, Jr., Director of Public Services, stated that staff re- viewed the records, visited the Fourth and Kendall property, measured the parcels and concur that the debris and material were removed from within parcels 155-21il1-1il9 and 155-2Iill-llil. Mayor Pro Tempore Reilly opened the hearing. . Michael Allen, 3119 N. Pepper Tree Lane, San Bernardino, California, stated that he rechecked the property and found that the pictures that were presented to the Board of Building Commissioners and to the Mayor and Common Council were of his property. Mr. Allen reiterated that he was not properly notified of the abatement to his property. He stated that the clean-up work that was done at Fourth and Kendall Streets included the adjacent property. He distributed more recent pictures showing the actual size of his property, and expressed disbelief that approximately 81il tons of material was hauled away from his property. Manuel Moreno, Jr., Director of Public Services, stated that concrete, asphalt and dirt were removed from the property located at Fourth and Kendall Streets. COUNCIL MEMBER MINOR RETURNED Council Member Minor returned to the Council Meeting and took his place at the Council Table. . Mr. Allen stated that if he had been notified by the City Attorney of the complaint received concerning his property, he would have corrected the problem. He suggested that the City develop a policy of sending certified notices to the property owner of abatements to be done on their property. 18 6/19/89 r , . In a memorandum dated May 4, 1989, Manuel P. Moreno, Jr., Director of Public Services, described notifications sent to the Allens regarding the clean up of their property. Council Member Minor Council Member Maudsley and public hearing be closed. made a motion, seconded by unanimously carried, that the Council Member Minor made a motion, seconded by Council Member Flores and unanimously carr ied, that the decision of the Board of Building Commissioners be upheld and the appeal be denied. PUBLIC HEARING - REFUSE RATE INCREASE FOR RESIDENTIAL AND COMMERCIAL COLLECTION This is the time and place set to for a public hearing to receive public comments relative to a proposed increase in the residential and commercial refuse collection fees. (28) . In a memorandum dated June 1, 1989, Manuel Moreno, Jr., Director of Public Services, provided a list of the proposed rate increases for the collection and disposal of refuse in the City of San Bernardino. He stated that the increases in the residential and commercial refuse collection fees are recommended to offset the 75% increase in tipping (dumping) fees approved by the County Board of Supervisors effective July 1, 1989, as well as an increase in the operational costs included in the proposed 89-90 budget. Mr. Moreno explained prOVISIons of his memorandum and sta ted that two resol utions were submi tted for consider- ation one for once a week collection and one for twice a week collection. Mayor Pro Tempore Reilly opened the hearing. The fOllowing people spoke in opposition to the proposed increase in refuse rate collection: Mr. Claybaugh, 2988 North I. Street, San Bernardino, CA; Dean Geib, 4040 E. Piedmont Drive, Mt. Shadows Mobile Home Park, San Bernardino, CA; Dexter Goode, 2505 W. Foothill, Sequoia Plaza, San Bernardino, CA; . 19 6/19/89 .- . Ola Bowers, 4040 E. Piedmont, Mt. Shadows Senior Citizens Community, San Bernardino, CA; Al Towner, 4040 E. Piedmont, Mt. Shadows Mobile Horne Park, San Bernardino, CA; Les Melzer, 711 E. 21st, San Bernardino, CA; Clay Hague, Regional Director for the Western Mobile Horne Association; Sally Wilder, President Association, 2744 W. Bernardino, CA. of Mobile Horne Organized Tenants Rialto Avenue, Space 33, San The Director of Public Services answered questions regarding the Board of Supervisor's advertising the 75% increase in tipping (dumping) fees, and explained the reasons for the 35% increase in refuse collection rates. Ci ty Attorney Penman sta ted tha t Mayor Holcomb had indicated he favors a twice a week refuse collection for the enti re Ci ty and would like the Counc il to consider establishing a rebate system for senior citizens. . Manuel Moreno, Jr. answered questions regarding the difference in costs between refuse collection for mobile home parks and the general public. Mayor Pro Tempore Reilly closed the public hearing. Mr. Moreno self supporting Fund. explained that the refuse department is and is not supplemented by the General Mayor Pro Tempore Reilly read the titles of the re- solutions. RESOLUTION OF THE CITY OF SAN BERNARDINO FIXING AND DETERMINING THE FEES AND CHARGES TO BE CHARGED FOR THE COLLECTION AND DISPOSAL OF REFUSE, AND REPEALING RESOLUTION NO. 88-308 AND AMENDMENTS THERETO, AND PROVISIONS FOR AUTOMATED RESIDENTIAL REFUSE COLLECTION. (VERSION ONE ONCE A WEEK AUTOMATED COLLECTION) (28) . 20 6/19/89 l_ - . RESOLUTION OF THE CITY OF SAN BERNARDINO FIXING AND DETERMINING THE FEES AND CHARGES TO BE CHARGED FOR THE COLLECTION AND DISPOSAL OF REFUSE, AND REPEALING RESOLUTION NO. 88-308 AND AMENDMENTS THERETO, AND PROVISIONS FOR AUTOMATED RESIDENTIAL REFUSE COLLECTION. (VERSION TWO TWICE PER WEEK AUTOMATED COLLECTION) (28) Manuel Moreno, Jr. answered the City of Redlands charges for that the City of Redlands has its questions regarding what tipping fees. He stated own landfill site. Manuel Moreno, Jr. answered questions regarding recycling as an alternative to using landfills. City Attorney Penman pointed out that today is the last day that Council can legally act before the County implements the new tipping fees. A discussion ensued regarding the possibility of establishing a refuse rebate system for senior citizens and the possibility of using bond proceeds as a revenue source to pay the new tipping fee charges. . City Attorney Penman requested that this matter be continued to later in the afternoon to allow him an a opportunity to check the ordinances to see if they prohibit the City from using the General Funds to supplement the tipping fee charges. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that this matter be continued until 4:00 p.m. this afternoon. (See Page 52) City Administrator Julian pointed out that there is a time lag in respect to paying the tipping fees and preparing the refuse bills. He added that the City should ask the County Board of Supervisors to require all cities to participate in a recycling program. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. PUBLIC HEARING - VACATION - PORTION OF "J" STREET NORTH OF OAK STREET This is the time and place set to for a public hearing to discuss the proposed vacation of a portion of "J" Street, north of Oak Street, per Plan No. 7603. (29) . 21 6/19/89 - . In a memorandum dated May 30, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that a request from 50% of the adjoining property owners to vacate a portion of "J" Street, north of Oak Street, has been received. It has been determined that this portion of "J" Street is no longer necessary for street purposes since it dead-ends at the Lytle Creek Flood Control Channel. The Negative Declaration was adopted and a finding of consistency with the Interim Policy Document was made. Mayor Pro Tempore Reilly opened the hearing. Deputy City Clerk Reese stated that no protests have been received in the City Clerk's Office. Chuck Tuttle, Superintendent for Ike Cazarin, stated tha t in a letter dated June 13, 1989, Frank Ayala of the San Bernardino City Unified School District, stated their acceptance to the proposed vacation of a portion of "J" Street, north of Oak Street. . A discussion request to amend wall. ensued concerning the school district's the design standard regarding a block It was pointed out that further discussion concerning the design standards can be considered at the DRC meeting of June 22, 1989. RES. 89-181 - A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF "J" STREET, NORTH OF OAK STREET IN THE CITY OF SAN BERNARDINO AND RESERVING AN EASEMENT FOR SANITARY SEWER AND PUBLIC UTILITIES, AND APPURTENANT FACILITIES THEREIN. (29) Deputy City Clerk Reese read the title of the resolution. Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the public hearing be closed; the Findings of Fact as set forth in the staff report from Roger G. Hardgrave, Director of Public Works/City Engineer, as to why a portion of "J" Street, north of Oak Street, is no longer necessary for street purposes, be adopted; and that further reading of the following resolution be waived and said resolution be adopted. . 22 6/19/89 . Resolution No. 89-181 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. HOME OF NEIGHBORLY SERVICE CDBG LOAN - CONTINUED FROM This is the time and consideration of restructuring of Neighborly Service. - RESTRUCTURING OF MAY 15, 1989 place continued the CDBG loan of to for the Home (78 ) City Attorney Penman stated that all payments that had been in arrears have been taken care of. All that is needed is to direct the Director of Community Development to accept the payments. Council Member Maudsley made a motion, seconded by Council Member Estrada and unanimously carried, that the the Director of Community Development be directed to receive payments from the Home of Neighborly Service; and that this matter be tabled. . RECESS MEETING - CLOSED SESSION At 11:35 a.m., Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the Regular Meeting of the Mayor and Common Council recess to a Closed Session pursuant to Government Code Section 54957.6, to meet with its designated repre- sentative regarding labor relations matters. (90) CLOSED SESSION At 11:40 a.m., the Closed Session was called to order by Mayor Pro Tempore Reilly 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 Mayor Pro Tempore Reilly; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Deputy Ci ty Clerk Reese, Ci ty Admini strator Absent: Mayor Holcomb; City Attorney Penman. present: Estrada, Miller; Julian. Also Relations Personnel. present were Steve Filarsky, City's Labor Negotiator, and Gordon Johnson, Director of SENIOR ASSISTANT CITY ATTORNEY BARLOW ARRIVED At 11:50 a.m., Senior Assistant City Attorney Barlow arrived at the Closed Session. . 23 6/19/89 . . ADJOURN - CLOSED SESSION At 11:55 a.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council of the City of Bernardino, California. RECONVENE MEETING At 11:55 a.m., the Regular Meeting of the Mayor and Common Council reconvened at 11: 55 a.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Pro Tempore Reilly; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, Deputy City Clerk Reese, City Administrator Julian. Absent: Mayor Holcomb. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY REGULAR MEETING Acting Chairman Reilly called the Regular Meeting of the Community Development Commission/Redevelopment Agency to order in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. . READING AND WAIVING OF RESOLUTIONS ON THE COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY AGENDA Deputy City Clerk Reese read the titles of the resolutions on the Community Development Commission/ Redevelopment Agency Agenda and Supplement Agenda. Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that further reading of the resolutions on the Community Development Commission/Redevelopment Agency Agenda and Supplement Agenda be waived. RES 89-182 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF MASTER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. (R-8) Council Member Flores made a motion, seconded by Council Member Maudsley, that said resolution be adopted. . 24 6/19/89 r . Resolution No. 89-182 was vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam, Absent: None. adopted by the following Estrada, Reilly, Flores, Miller. Noes: None. RES. 89-183 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR INVESTMENT BANKING SERVICES BETWEEN THE CITY OF SAN BERNARDINO, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND MILLER AND SCHROEDER FINANCIAL, INC. (RS-l) In a memorandum dated June 16, 1989, Steve Dukett, Executive Director of the Redevelopment Agency, stated that staff has prepared an agreement with Miller and Schroeder Financial, Inc. for investment banking services. . Senior Assistant City Attorney Barlow stated that a final draft agreement has been prepared based on the standard format agreements. Specific references to conflict of interest have been incorporated into this agreement. Jim Iverson of Miller and Schroeder Financial Inc. answered questions regarding the time frame for restruc- turing the outstanding bond issues, the issuance of additional tax increment bonds and the single family residential mortgage revenue bonds. Council Member Miller made a Council Member Pope-Ludlam, that adopted. motion, seconded said resolution by be Resolution No. 89-183 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Pope-LUdlam, Miller. Noes: Council Members Maudsley, Minor. Absent: None. SET JOINT PUBLIC HEARING - AUTO PLAZA COMMERCIAL AREAS - AUTO PLAZA DRIVE In a memorandum dated June 14,1989, Steve Dukett, Executive Director of the Redevelopment Agency, requested that a joint public hearing be set for July 5, 1989, at 11:00 a.m., to consider the proposed Amended and Restated . 25 6/19/89 -,-- . Owner Participation Agreement (OPA), which will substitute B & M for Orange Show Plaza Associates, who is behind schedule on the construction of the general commercial areas of the Auto Plaza (Parcels 12 and 13 of Parcel Map No. 9713 located on Auto Plaza Drive west of 1-215). (R-10) Council Member Estrada made a motion, seconded by Counc il Member Flores and unanimously carr ied, tha t a joint public hearing between the Mayor and Common Council and the Community Development Commission be held at 11:00 a.m., July 5, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to consider the execution of an Amended and Restated OPA with Orange Show Plaza Associates and B & M relative to the commercial areas of the Auto Plaza. . SET JOINT PUBLIC HEARING - MILES HOUSE RENOVATION In a memorandum dated June 14, 1989, Steve DUkett, Executive Director of the Redevelopment Agency, requested that a joint public hearing be set for July 5, 1989, at 11: 00 a.m., subject to the developer signing the Disposition and Development Agreement (DDA). The Miles House is to be restored and relocated onto Agency-owned property immediately adjacent to and south of the San Bernardino Historical Society's property located at the southwest corner of 8th and "D" Streets. (R-ll) Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that a joint public hearing of the Mayor and Common Council and the Community Development Commission be held at 11:00 a.m. on July 5, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to consider the sale of certain real property owned by the Redevelopment Agency within the Central City North Project Area to Rock Enterprises, subject to the conditions described in the staff report. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433 ENTITLED IN PART, "A RESOLUTION. .CREATING AND ESTABLISHING POSITIONS FOR VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO"; BY GRANTING SAFETY EMPLOYEES ON INDUSTRIAL LEAVE ACCRUAL RIGHTS FOR VACATION, SICK LEAVE AND HOLIDAY CREDITS EFFECTIVE JUNE 20, 1989. (37) . 26 6/19/89 - T- . RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433 ENTITLED IN PART, "A RESOLUTION. .CREATING AND ESTABLISHING POSITIONS FOR VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO"; BY GRANTING SAFETY EMPLOYEES ON INDUSTRIAL LEAVE ACCRUAL RIGHTS FOR VACATION, SICK LEAVE AND HOLIDAY CREDITS EFFECTIVE JUNE 1, 1986. (37 ) In a memorandum dated May 18, 1989, Gordon Johnson, Director of Personnel, stated that Section Six of Council Resolution No. 6433 provides that safety members of the Police and Fire Department are not entitled to accrue vacation, sick leave or holiday credits while receiving industrial leave benefits has been superseded by State Law. According to State Law, these employees are entitled to accrue sick leave and vacation while off on industrial leave 4850. . In a letter dated June 12, 1989, Tom Parlett, President of San Bernardino & Rialto Fire Fighters Local 891, 932 North "D" Street, requested to be heard before the Mayor and Common Council at its meeting of June 19, 1989, concerning the proposed resolution regarding the accural of sick leave, vacation and holiday while off on industrial leave. City Attorney Penman stated that the Firefighters Union has retained counsel to br ing a suit against the City to make the resolution retroactive to January 1, 1986. He stated that Council needs to be advised on this matter in Closed Session. He explained that two resolutions have been prepared. The resolution in the back-up adds the provision to implement Labor Code Section 4850 effective June 20, 1989, and the second resolution adds the provision to implement Labor Code Section 4850 retroactive to June 1, 1986. COUNCIL MEMBER MAUDSLEY EXCUSED Council Member Maudsley left the Council Meeting. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. Tom Parlett, President of the San Bernardino & Rialto Fire Fighters Local 891, 932 North "D" Street, San Bernar- dino, CA., stated that he was not aware of the second resolution making the implementation retroactive to June 1, 1986. . 27 6/19/89 I . Mr. Parlett pointed out that this matter was brougnt to the attention of the Personnel Director in February 1988, and it was requested at that time that the resolution be made retroactive to January 1, 1986. He stated that he had also requested that there be an investigation to find out who were denied these benefi ts for both active and retired employees. (See Page 55 for further action on this matter). RECESS MEET ING At 12:30 p.m., Council Member Estrada made a motion seconded by Council Member Flores and unanimously carried, that the Regular Meeting of the Mayor and Common Council recess until 2:00 p.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECONVENE MEETING At Regular in the Street, 2:07 p.m., Mayor Pro Tempore Reilly called the Meeting of the Mayor and Common Council to order Council Chambers of City Hall, 300 North "0" San Bernardino, California. . ROLL CALL Roll Call was taken with the following being present: Mayor Pro Tempore Reilly; Council Members Estrada, Reilly, Flores, Minor, Pope-Ludlam, Miller; Deputy City Attorney Empeno, Deputy City Clerk Reese, City Administrator Julian. Absent: Mayor Holcomb; Council Member Maudsley. RECESS MEETING - CLOSED SESSION At 2:07 p.m., Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the Regular Meeting of the Mayor and Common Council recess to a Closed Session pursuant to Government Code Section 54957.6, to meet with its designated representa- tives regarding labor relations matters. (90) CLOSED SESSION At 2:07 p.m., the Closed Session was called to order by Mayor Pro Tempore Reilly in the Conference Room of the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. . ROLL CALL Roll Call was taken with the following being present: Mayor Pro Tempore Reilly; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Deputy City Attorney Empeno, Deputy City Clerk Reese, City Administrator Julian. Absent: Mayor Holcomb. 28 6/19/89 . . Also present were Gordon Johnson, Personnel Director and Steve Filarsky, City's Labor Relations Negotiator. ADJOURN CLOSED SESSION At 2: 12 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino, California. RECONVENE MEETING At 2:12 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 with the following being present: Mayor Pro Tempore Reilly; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Deputy City Attorney Empeno, Deputy City Clerk Reese, City Administrator Julian. Absent: Mayor Holcomb. . APPEAL HEARING - PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT NO. 89-12 - SALE OF BEER AND WINE IN A MINI-MARKET - SOUTHEAST CORNER OF BASELINE AND "G" STREET - THE SORRENTO GROUP In a memorandum dated May 31, 1989, Brad Kilger, Director of Planning, stated that on May 16, 1989, the Planning Commission voted to deny Conditional Use Permit No. 89-12 for the sale of beer and wine in a mini-market loca ted on a 1. 93 acre parcel at the southeast corner of Baseline Avenue and "G" Street. The applicant is The Sorrento Group. (81) Mr. Kilger stated that the Police Department strongly opposes the granting of another license in this area due to the high crime rate and over concentration of alcohol outlets. In a letter dated May 24, 1989, Alan Gottlieb of The Sorrento Group, 1351 Third Street, Suite 300, Santa Monica, CA 90401, requested that the Mayor and Common Council overturn the Planning Commission's decision and allow the off-site sale of beer and wine in the proposed mini-market, based on the market's major economic impact on the center, the supply and demand of goods required by the community, and the importance of the success of the center. . Planning Director Kilger stated that the applicant requested that this matter be continued to the next Council Meeting. The applicant stated that he was not given adequate notice of the hearing. 29 6/19/89 r- " . Mr; Kilger stated that staff reviewed the records and found that affidavits were sent to the applicant on June 9, 1989. He stated that future notifications of meetings will be sent to applicants by certified mail. Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that the matter be continued to July 5, 1989, at 2:1313 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. APPEAL HEARING - PLANNING COMMISSION DENIAL OF VARIANCE NO. 89-3 - CONSTRUCTION OF PARKING LOT WITHOUT PAVING - NORTHWEST CORNER OF FAIRWAY DRIVE AND CAMINO REAL - ECONO LODGE In a memorandum dated June 2, 1989, Brad Kilger, Director of Planning, stated that on May 16, 1989, the Planning Commission voted to deny Variance No. 89-3 for construction of a parking lot without paving on property located on the northwest corner of Fairway Drive and Camino Real. The applicant is M. P. Rama for JHM Inland Empire, Inc., regarding the Econo Lodge Conference Center. (84) . In a letter dated May 313, 1989, V. K. Shah, General Manager of the Econo LOdge, presented several reasons to substantiate his request for an appeal of the Planning Commission's decision of denial for Variance No. 89-3. Brad from the continued Kilger stated that a letter has been received applicant requesting that this matter be to the next Council Meeting of July 5, 1989. Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that this matter be continued to July 5, 1989, at 2: 1313 p.m., in the Council Chambers of City Hall, 31313 North "D" Street, San Bernardino, California. . CONDITIONAL USE PERMIT NO. 89-11 - TO MOVE A SINGLE FAMILY RESIDENCE - NORTHWEST CORNER OF UNION STREET AND RAMONA AVENUE - REQUEST FOR APPROVAL In a memorandum dated June 2, 1989, Brad Kilger, Director of Planning, stated that on May 16, 1989, the Planning Commission voted to approve Conditional Use Permi t No. 89-11 for the mov ing of aI, 508 square foot single-family residence to a lot located at the northwest corner of Union Street and Ramona Avenue. Staff also recommended the approval of C.U.P. 89-11, subject to Finding of Facts, Conditions of Approval and Standard Requirements. (82) 30 6/19/89 - . Mayor Pro Tempore Reilly opened the hearing. Otis Walker; 1150 N. Terrance Road, San Bernardino, CA 92410, applicant, thanked the Planning Conunission for the time spen t on thi s item. He sta ted tha t he wi 11 comply with all the City's requirement's and standards relative to the move of this residence. Deputy City Attorney Empeno explained past problems experienced with moving houses on the Westside. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that he hearing be closed; and that the Mayor and Conunon Council accept the Planning Commission's decision and approve Conditional Use Permit No. 89-11, subject to the Findings of Fact, Conditions of Approval and Standard Requirements. . TENTATIVE TRACT NO. 14252 AND VARIANCE NO. 89-1 _ 33 LOT SINGLE FAMILY SUBDIVISION - KENDALL DRIVE AND SHANDIN HILLS CIRCLE - REQUEST FOR APPROVAL In a memorandum dated June 6, 1989, Brad Kilger, Director of Planning, stated that the applicant, Block Brothers, requested approval of a 33 lot subdivision and a variance from the City's Design Standards Section 18.40.130 to permit a cuI de sac longer than 500 feet located at the southeast corner of Kendall Drive and Shandin Hills Circle. (83) Mayor Pro Tempore Reilly opened the hearing. Brad Kilger, Director of Planning, explained the City's Subdivision Design Standards Code Section 18.40.160 for provid ing two means of ingress and egress and Code Section 18.50.130 for a maximum length of 500 feet for cuI de sacs. A discussion ensued regarding mitigating environ- mental impacts of cut and fill of approximately 10,000 cubic yards of earth; high wind area; changes in the water run off, absorption rate and drainage problems in the Little Mountain Area. Mr. Kilger stated that staff reviewed these mitigat- ing concerns and found that the major issue was the traffic. . 31 6/19/89 t: . Dorian Johnson, Director of Planning and Development for Marlbourough Development, 2029 Century Park East .1550, Los Angeles, CA 90067, representing Block Brothers, responded to the concerns of the Council regarding the mitigating environmental impacts in the Little Mountain Area. Mr. Dorian explained that originally the application proposed a public access on Kendall Drive, but after the Ci ty I S Traffic Eng ineer and the Cal ifornia Department of Transportation reviewed the proposal, it was suggested that a 20 foot paved easement of 200 feet in width with locked crash gates be maintained for emergency vehicle access. Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the public hearing be closed; that the Mayor and Council approve the Negative Declaration and approve Tentative Tract 14252 and Variance 89-1, subject to the Findings of Fact, Conditions of Approval and Standard Requirements. . APPEAL HEARING - PLANNING COMMISSION DENIAL OF APPEAL OF DRC'S CONDITIONS OF APPROVAL FOR REVIEW OF PLANS NO. 89-3 - STREET IMPROVEMENTS - NORTHWEST CORNER OF RANCHO AND RIALTO AVENUES In a memorandum dated May 22, 1989, Brad Kilger, Planning Director, stated that on March 2, 1989, the Development Review Committee approved Review of Plans No. 89-3, subject to conditions and standard requirements to convert two existing buildings, formerly used as a bar and gr ill, into office bui ldings located at the northwest corner of Rancho and Rialto Avenues. (85) In a letter dated May 18, 1989, Melvin G. Elliott, Secretary and Treasurer, Elliott precision Block Co., 157 Rancho Avenue, San Bernardino, CA 92402, appealed the Planning Commission's decision of denial of Review of Plans No. 89-3. In a previous letter dated March 16, 1989, Mr. Ell iott appealed condi tions imposed by the Design Review Committee at its meeting of March 2, 1989, regarding the refurbishing of an old existing building and site at the northwest corner of Rancho and Rial to Avenue, alleg ing that the conditions were not fully discussed at the review meeting. Mayor Pro Tempore Reilly opened the hearing. . 32 6/19/89 I II[ !~. . Brad Kilger, Planning Director, stated that the Development Review Committee recommended approval of Review of Plans No. 89-3, subject to the following conditions: that improvements to the driveways be included; that the utility pole behind the proposed curb be relocated; and that the driveway be centered and widened. Mr. Kilger stated that on May 3, 1989, the Planning Commission voted to deny the appeal based on certain conditions. The applicant had requested to defer the street improvements until the property to the north of the project site is developed, and is willing to place a cash bond in lieu of the immediate improvements until the property to the north is developed. Planning Director Kilger referred to several recommendations made by the Director of Public Works/City Engineer concerning the street improvements as listed in Attachment "D" in the Staff Report. . Mac Elliott, 157 N. Rancho Avenue, San Bernardino, CA 92402, representing Elliott precision Block Company, stated that they would like to defer the development and the relocation of the telephone pole until a later time. Mr. Elliott further stated that he wished to withdraw his appeal. Deputy City Attorney Empeno advised Council that with the applicant's verbal request to withdraw the appeal, no further action is necessary. RES. 89-184 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JACOBSON & WACK, INC., TO PREPARE A DEVELOPMENT CODE INCLUDING PROPOSED MUNICIPAL CODE AMENDMENTS IMPLEMENTING THE NEW GENERAL PLAN. (S-2) Council Member Maudsley made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 89-184 was vote: Ayes: Counc i 1 Members Maudsley, Minor, Pope-Ludlam, Absent: None. adopted by the following Estrada, Reilly, Flores, Miller. Noes: None. Council Member Minor made a motion, seconded by Council Member Miller, that the following resolutions be adopted: . 33 6/19/89 " . RES. 89-185 - RESOLUTION BERNARDINO ESTABLISHING OPERATING FUNDS. OF THE CITY OF SAN AND REESTABLISHING (35) RES. 89-186 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CENTER OF HEALTH RESOURCES INSTITUTE, GROUP PURCHASING, DIETARY PROGRAM FOR THE PURCHASE OF FOOD PRODUCTS FOR THE CITY SENIOR NUTRITION PROGRAM DURING THE PERIOD JULY 1, 1989 THROUGH JUNE 30, 1990. (36) RES. 89-187 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUl SANCES AND IMPOS ING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT. (38) . RES. 89-188 - RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESS ING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES ON SAID PROPERTIES. (39) Resolution Nos. 89-185, 89-186, 89-187, 89-188 were adopted by the following vote: Ayes: 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. 89-189 - A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PUBLIC UTILITY EASEMENT BETWEEN ARROWHEAD AVENUE AND PERSHING AVENUE, AND BETWEEN MILL STREET AND CLUSTER AVENUE. (40) . 34 6/19/89 I T . RES. 89-190 - RESOLUT ION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A COMMON USE AGREEMENT WITH THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR THE CONSTRUCTION OF A MONUMENT SIGN WALL, INCLUDING LANDSCAPING AND APPURTENANCES AND FOR LANDSCAPE MAINTENANCE CONCERNING PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF MILL STREET AND "G" STREET. (41) . RES. 89-191 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZ ING THE EXECUT ION OF AN AGREEMENT WITH CALIFORNIA STATE UNIVERSITY RELATING TO THE MAINTENANCE AND OPERATION OF TRAFFIC SIGNALS AT THE INTERSECTION OF UNIVERSITY PARKWAY AND NORTHPARK BOULEVARD. (42) RES. 89-192 - A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF THAT CERTAIN EAST/WEST ALLEY, NORTH OF 11TH STREET, BETWEEN LUGO AVENUE AND SEPULVEDA AVENUE AND RESERVING A PUBLIC UTILITY EASEMENT THEREIN. (43) RES. 89-193 - A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF SUNWEST COURT, NORTH OF HOSPITALITY LANE. (44) Resolution Nos. 89-189, 89-190, 89-191, 89-193 were adopted by the following vote: Ayes: Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: None. Absent: None. 89-192, Council Minor, Council Member Miller made a motion, seconded by Council Member Maudsley, that the following resolutions be adopted: RES. 89-194 - A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF ATLANTIC AVENUE, WEST OF PALM AVENUE, IN THE CITY OF SAN BERNARDINO AND RESERVING AN EASEMENT FOR PUBLIC UTILITIES THEREIN. (45) . RES. 89-195 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO C & D LANDSCAPING SERVICES, INC., FOR MAINTENANCE OF LANDSCAPING IN PORTIONS OF KENDALL DRIVE, SHANDIN HILLS CIRCLE, AND SHANDIN HILLS DRIVE, IN ASSESSMENT DISTRICT NO. 959. (46) 35 6/19/89 ~ . RES. 89-196 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MACKENZ IE LANDSCAPE FOR MAINTENANCE OF LANDSCAPING IN PORTIONS OF PIEDMONT DRIVE AND CITRUS STREET, IN ASSESSMENT DISTRICT NO. 982. (47) RES. 89-197 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR PROFESS IONAL SERVICES WITH A.S.L. CONSULTING ENGINEERS RELATING TO THE ENGINEERING DESIGN FOR REHABILITATION OF WATERMAN AVENUE, FROM MILL STREET TO FIFTH STREET. (48) RES. 89-198 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MIKE PRLICH AND SONS FOR INSTALLATION OF INTERCEPTING SEWERS FROM CALIFORNIA STREET AND PORTER STREET TO CAJON BOULEVARD AND DEVIL'S CANYON CHANNEL. (49) . Resolution Nos. 89-194, 89-195, 89-196, 89-198 were adopted by the following vote: Ayes: Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: None. Absent: None. 89-197, Council Minor, Council Member Maudsley made a motion, seconded by Council Member Estrada, that the following resolutions be adopted: RES. 89-199 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1989-93 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 951, LANDSCAPING CONSTRUCTION AND MAINTENANCE DISTRICT, WAGONWHEEL ROAD AREA. (53) RES. 89-233 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1989-93 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 952, LANDSCAPING CONSTRUCTION AND MAINTENANCE, STATE COLLEGE PARKWAY (UNIVERSITY PARKWAY) AREA. (51) RES. 89-231 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1989-93 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 953, LANDSCAPING MAINTENANCE, SIXTEENTH STREET BETWEEN MUSCOTT STREET AND CALIFORNIA STREET. (52) . 36 6/19/89 r . -;."~. . RES: 89-202 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1989-90 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 956, LANDSCAPING MAINTENANCE, CARNEGIE DRIVE AREA. (53 ) RES. 89-203 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1989-90 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 959, LANDSCAPING MAINTENANCE, PORTIONS OF KENDALL DRIVE, SHANDIN HILLS DRIVE, "F" STREET, AND LITTLE MOUNTAIN DRIVE (SHANDIN HILLS AREA). (54) RES. 89-204 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1989-90 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 962 FOR THE MAINTENANCE OF A SEWER LIFT STATION IN THE AREA GENERALLY LOCATED EASTERLY OF PINE AVENUE AND SOUTHERLY OF BELMONT AVENUE, IN THE CITY OF SAN BERNARDINO. (55) Resolution Nos. 89-199, 89-200, 89-201, 89-202, 89-203, 89-204 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. . Council Member Flores made Council Member Maudsley, that the adopted: a motion, seconded by following resolutions be RES. 89-205 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1989-90 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 963, FOR THE MAINTENANCE OF A SEWER LIFT STATION IN PORTIONS OF ALLEN STREET, NORTH OF CENTRAL AVENUE IN THE CITY OF SAN BERNARDINO. (56) RES. 89-206 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1989-90 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 968, LANDSCAPING MAINTENANCE, AIRPORT DRIVE BETWEEN COMMERCENTER EAST AND COMMERCENTER WEST. (57) RES. 89-207 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1989-90 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 969, LANDSCAPING MAINTENANCE, IRVINGTON AND OLIVE AVENUE AREA. (58) . 37 6/19/89 , '-""'''''~''''''---' . RES. 89-208 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1989-90 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 970, LANDSCAPING MAINTENANCE, CABLE CREEK AREA. (59) RES. 89-209 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1989-90 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 974, LANDSCAPING MAINTENANCE, RIALTO AND EUCALYPTUS AVENUE AREA. (60) RES. 89-210 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1989-90 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 975, LANDSCAPING MAINTENANCE, PEPPER AND MILL AREA. (61) Resolution Nos. 89-205, 89-206, 89-207, 89-208, 89-209, 89-210 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. Council Member Maudsley made a motion, seconded by Council Member Flores, that the fOllowing resolutions be adopted: . RES. 89-211 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1989-90 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 976, LANDSCAPING MAINTENANCE, PINE AND BELMONT AREA. (62) RES. 89-212 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1989-90 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 981, LANDSCAPING MAINTENANCE, MERIDIAN AND RANDALL AVENUE AREA. (63) RES. 89-213 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1989-90 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 982, LANDSCAPING MAINTENANCE, PIEDMONT DRIVE AREA. (64 ) . 38 6/19/89 I J' -'?'-"~'~'--"'-.-' . RES: 89~214 - A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED MAINTENANCE OF LANDSCAPING IN THE AREA OF RIALTO AND MACY STREETS, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 986, ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY. (65) RES. 89-215 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPING AND SEWER LIFT STATION MAINTENANCE ASSESSMENT DISTRICT; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 989, AND WAIVING NOTICE AND HEARING. (Mill and Macy Street area) (66) Resolution Noes. 89-211, 89-212, 89-213, 89-215 were adopted by the following vote: Ayes: Member Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: None. Absent: None. 89-214, Council Minor, . Council Member Flores made a motion, seconded by Council Member Minor, that the following resolutions be adopted: RES. 89-216 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A SECURITY AND MAINTENANCE ASSESSMENT DISTRICT; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 990; AND SETTING AND DIRECTING PUBLICATION OF NOTICE OF A TIME AND DATE OF A PUBLIC HEARING. (Highland and Arden Avenue area) (67) RES. 89-217 - A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF PORTIONS OF CHESTNUT AVENUE, NORTH OF IRVINGTON AVENUE AND SOUTH OF OHIO AVENUE, AND RESERVING EASEMENTS THEREIN. (69) . 39 6/19/89 r --~.<~ . RES: 89~2l8 - A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF THAT CERTAIN UNNAMED EAST/WEST STREET LOCATED SOUTH OF HIGHLAND AVENUE AND EAST OF ELMWOOD ROAD AND RESERVING AN EASEMENT FOR WATER LINES AND PUBLIC UTILITIES THEREIN. (70) Resolution Nos. 89-216, 89-217, 89-218 were adopted by the fOllowing vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO PRE- LIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 991, AND WAIVING NOTICE AND HEARING. (Verdemont and Olive area). (68) . Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be continued to July 5, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Council Member Flores Council Member Estrada, that adopted: made a motion, seconded by the following resolutions be RES. 89-219 - RESOLUT ION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLE- MENT NO. 54 OF LOCAL AGENCY FEDERAL-AID SAFETY IMPROVEMENT PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION. (South "E" Street - Orange Show Road to Santa Ana River Bridge) (72) RES. 89-220 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO H & H ENTERPRISES FOR THE FURNISHING AND DELIVERY OF THE WEED ABATEMENT CONTRACT, TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-90-0l. (73) . 40 6/19/89 r , , . In a memorandum dated May 15, 1989, Dean Meech, Purchasing Agent, stated that H & H Enterprises has been selected weed abatement contractor for both discing and handcleaning for a one year period July 1, 1989 through June 30, 1990, for a total amount of $100,000.00. Manual P. Moreno, Jr., Director of Public Services, answered questions regarding the total bid amount for services to be provided by the contractor. RES. 89~221 - A RESOLUTION OF THE CITY OF SAN BERNARDINO, A MUNICIPAL CORPORATION, ACCEPTING A QUITCLAIM DEED FROM SAN GORGONIO LAND COMPANY, INC. (East of Arrowhead Avenue, South of Orange Show Road). (74) RES. 89-222 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL, CITY OF SAN BERNARDINO, GRANT ING AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, FOR ELECTRIC SERVICE ACROSS CITY OWNED PROPERTY LOCATED AT 195 NORTH "D" STREET, SAN BERNARDINO, CALIFORNIA. (75) . Resolution Nos. 89-219, 89-220, 89-221, 89-222 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO STEINY AND COMPANY FOR INSTALLATION OF TRAFFIC SIGNALS AT UNIVERSITY PARKWAY AND NORTHPARK BOULEVARD. (71) In a memorandum dated May 26,1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that Steiny and Company submitted the lowest bid of $109,000.00 for the installation of traffic signals at University Parkway and Northpark Boulevard. The total estimated project cost is $139,000. A discussion performed by the installation of Streets. ensued regarding contractor Steiny traffic signals on the unfinished and Company on Arrowhead and work the liEn . 41 6/19/89 , . Senior Assistant City Attorney Barlow, advised Council that if the lowest responsible bidder has shown that he is not responsible, the Council can reject that bid. It was the consensus of the Council to continue this matter until later in the meeting, for information regarding the other bidders on this particular project. (See Page 43) COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. READING AND WAIVING OF ORDINANCES Mayor Pro Tempore Reilly read the titles of the ordinances on the Council Agenda. COUNCIL MEMBER POPE-LUDLAM RETURNED Counc i 1 Member Pope-Ludlam returned to the Counc i 1 Meeting and took her place at the Council Table. Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that first reading of the following ordinances be waived: . ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST ADDING SECTION 19.50.070 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO HOME OCCUPATION PERMITS. (77) Senior Assistant City Attorney Barlow answered questions, stating that this ordinance exempts the requirement of having a Horne Occupation Permit for a business conducted outside of the horne, but which uses the home address as the business address. Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that said ordinance be laid over for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 10.52.020 OF THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING A SPEED ZONE ON PIEDMONT DRIVE OF THIRTY-FIVE MILES PER HOUR BETWEEN PALM AVENUE AND SEINE AVENUE. (Continued from June 6, 1989) (76) This is the time and place continued to for consideration of said ordinance to establish a speed zone on Piedmont Drive of thirty-five miles per hour between . 42 6/19/89 - .-",.,..,. ... ~.,.- ,.. . Palm Avenue and Seine Avenue: This matter was continued to allow another traffic study to determine if speeds have decreased as a result of the yellow centerline stripe that has recently been applied along piedmont Drive between Palm Avenue and Seine Avenue. In a memorandum dated June 12, 1989, Roger Hardgrave, Director of Public Works/City Engineer, provided results of the second traffic study conducted June 9, 1989, measuring the speed of approximately 100 vehicles on Palm Avenue, piedmont Court and La Praix Avenue. He stated that although the second traffic study had indicated that speeds have decreased slightly, a thirty-five mile per hour speed zone is still recommended in order to use radar to enforce the speed limit. Senior Assistant City Attorney Barlow answered questions, stating that if the speed limit is set at 25 miles per hour, the pOlice cannot use radar to enforce the speed limit. Gene Klatt, Assistant City Engineer, stated that because piedmont Drive is too wide, it does not meet the criteria for prima facie 25 m.p.h. . Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the City Attorney be directed to prepare an ordinance requiring that a 25 miles per hour speed zone be posted on piedmont Drive between Palm Avenue and Seine Avenue and bring back to Council on July 5, 1989. RES. 89-223 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO STEINY AND COMPANY FOR INSTALLATION OF TRAFFIC SIGNALS AT UNIVERSITY PARKWAY AND NORTHPARK BOULEVARD. (71) This is the time and place continued to for discus- sion regarding whether Steiny and Company received a contract to install traffic signals at 40th Street and Mt. View Avenue. (Continued from earlier in the meeting. See Page 41) Gene Klatt, Assistant City Engineer, answered questions, stating that Steiny and Company had received a contract for the installation of traffic signals at 40th Street and Mt. View Avenue. He stated that the contractor has 100 working days or approximately five months to complete the work along 40th Street and Mt. View Avenue. . 43 6/19/89 r . Mr. erecting Avenue. Klatt answered questions the signal poles at 4lilth regarding delays in Street and Mt. View Mr. wi th the them for Klatt stated that Cal Trans has been satisfied work performed by Steiny and Company and has used projects in other jurisdictions. Council Member Minor made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 89-223 was vote: Ayes: Counc i 1 Member s Minor, Pope-Ludlam, Miller. Maudsley. Absent: None. adopted by the following Estrada, Reilly, Flores, Noes: Council Member GENERAL OBLIGATION BOND BLUE RIBBON COMMITTEE REPORT In a memorandum dated May 1, 1989, Edward Wheeler, Chairman, General Obligation Bond Blue Ribbon Committee, recommended that the proposed General Obligation Bond for the financing of police facilities, transportation improvements and park improvements be submitted to the voters on the November, 1989, ballot. (79) . In a memorandum dated June 9, 1989, Fred A. Wilson, Assistant to the City Administrator, provided the time- table for placing a City General Obligation Bond issue on the November 7, 1989, ballot. He also included information on the proposed gas tax increase and the SANBAG proposal for a sales tax program that may appear on the November, 1989, ballot. Fred Wilson, gave background information concerning the General Obligation Bond issue. He stated that this matter was referred to the Ways and Means Committee for determination of how to proceed. The Ways and Means Commi ttee recommended approval subj ect to the Mayor and Common Council's consideration of whether this matter should appear on the November, 1989, ballot. Mr. Wilson sta ted that there are concerns regard ing the 2/3 voter approval requirement on the General Obligation Bond issues. He stated that the City has until July 17, 1989, to make a determination on whether to put the proposed bond measure on the November, 1989, ballot. A discussion ensued regarding the General Obligation Bond measure being placed on the November, 1989, ballot. . 44 6/19/89 . Council Member Estrada, Chairman of the Ways and Means Committee, gave a report on the Committee's recommendation that the Mayor and Council proceed with the General Obligation Bond measure for November, based on the Mayor's position and the ability of bond counsel to prepare the necessary documents to legally meet the requirements for the November ballot. The Committee further recommended that the General Obligation Bond issue be split into three different measures when presented to the voters for their approval. A discussion ensued concerning other possible matching funds that could be used to assist in the overall expense for the proposed projects. Les Melzer, 711 E 21st, San Bernardino, CA, suggested that instead of spending $20,000,000.00 on a new police facility, that improvements be made to the existing police station and substations throughout the City. It was his opinion that the voters do not want a tax increase and will not approve the proposed General Obligation Bond measure. . Fred Wilson, answered questions regarding the cost in property taxes if the General Obligation Bond issue is approved. The Mayor and Common Council discussed the purpose of the putting the General Obligation Bond measure on the November, 1989, ballot. It was suggested that the bond issue be put on the ballot and let the voters make a determination, as there is a responsibility to let the citizens know of the needs of the community. Senior Assistant City Attorney Barlow suggested that Council authorize staff to prepare the documents and bring back at the next meeting. Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that staff be authorized to proceed and incur the costs necessary to prepare the documents; and that bond counsel prepare whatever is necessary and bring back on July 5, 1989, to put the General Obligation Bond measure on the ballot. . 45 6/19/89 T . STATE DEPARTMENT OF WATER RESOURCES SECOND AFTERBAY PROJECT - DEVIL'S CANYON POWER PLANT - AUTHORIZATION TO NEGOTIATE In a memorandum dated June 7, 1989, James C. Richardson, Deputy City Administrator/Development Services, stated that the Federal Energy Regulatory Commission and the State Department of Water Resources have been advised of the City's intent to file a Petition for Intervention concerning the State Department of Water Resources Second Afterbay Project at the Devil's Canyon Power Plant. He stated that an official notice of the Federal Energy Regulatory Commission amendment application has not been provided to the City Attorney's Office. (80) Senior Assistant City Attorney Barlow recommended that the City Attorney's Office and City Administrator's Office be substituted for Henry Empeno and James C. Richardson. wi th this substi tution the Ci ty will have more flexibility in continuing with the negotiations if Mr. Empeno is away from the office. Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that the City Attorney's Office and City Administrator's Office, be authorized to negotiate economic and environmental con- cerns related to the State Department of Water Resources Second Afterbay project at the Devil's Canyon Power Plant. . The Council requested that the record show that this action does not indicate that the City mayor may not oppose the Second Afterbay, and that the City is still negotiating this matter. Senior Ass istant Ci ty Attorney Barlow answered questions, stating that Deputy City Attorney Empeno will still be working on the project. Jim Richardson, Deputy ment, stated that information to this matter would be made under Item 88. City Administrator/Develop- on the guidelines pertaining available in Closed Session CONTRACT - CHANGE ORDER NO. ONE - INLAND OVERHEAD DOOR COMPANY - REPAIR AND MAINTENANCE OF ROLL-UP DOORS PER PLAN NO. 7663 - CONTINUED FROM EARLIER IN THE MEETING This is the time and place Superintendent of Public Buildings regarding Change Order No. One with Company for service and repair of continued to for the to answer questions Inland Overhead Door overhead doors and . 46 6/19/89 ,.- . installation of push down springs on locations in the City at a contract (See Page 12) 24 doors at various cost of $9,453.75. (13) Wayne Overstreet, Superintendent of Public Buildings, explained the terms of the contract with Inland Overhead Door Company. He stated that this contract requires maintenance of all the overhead doors in nine departments in various locations within City buildings. He stated that a majority of the call-outs for repairs after hours concern the fire station doors that have jumped their tracks. After an inspection by the contractor it was determined that push down springs are needed to prevent the doors from jumping their tracks. . Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that Change Order No. One to the contract with Inland Overhead Door Company for repair and maintenance of electrical and manual roll-up doors, screens and bi-fold doors, in accordance with Plan No. 7663, be approved; and that the contractor be authorized to perform service and repair to bring the overhead doors up to good working order, and install push down springs on 24 doors, at an increase of $9,453.75 in the contract price, from $27,721.00 to $37,174.75. CONTRACT - CHANGE ORDER NO. ONE - MARINA CONTRACTORS -SECCOMBE LAKE PARK PHASE IB CONSTRUCTION -TRANSPORTATION OF CONTAMINATED SOIL TO LANDFILL In a memorandum dated June 14, 1989, Roger Hardgrave, Public Works/City Engineer, stated that an underground storage tank and underground vault were encountered during grading operations at Seccombe Lake. Approximately 200 tons of contaminated material have been excavated and stockpiled and must be hauled from the job si te to an approved Class I landfill located near Bakersfield, at a unit cost of $136.27 per ton, for an estimated increase in the contact price of $27,254.00. (8-3) City Engineer Hardgrave stated that prompt action is required to permit the removal of the stockpiled material and allow the contractor to conform to schedule. Any delay in the removal of this material could result in a delay in the contractor's operations and a claim for additional costs. . 47 6/19/89 r . COUNCIL MEMBER MINOR EXCUSED Council Member Minor left the Council Meeting. Marshall Julian, City Administrator, stated that the contract price should be changed from an increase of $27,254.00 to $29,555.00 and the total cost changed from $2,045,879.32 to $2,048,180.32. City Administrator Julian answered questions re- garding ownership of the railroad property. Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that Change Order No. One to the contract wi th Mar ina Contractors, Inc., for the construction of Seccombe Lake Park, Phase IB, in accordance with Plan No. 7444, be approved; that the Contractor be authorized to transport an estimated 200 tons of contaminated soil to an approved Class I landfill, at a unit cost of $136.27 per ton, for an estimated increase in the contract price of $29,555.00 from $2,018,625.32 to $2,048,180.32. . RES. 89-224 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A LOAN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SHELTER INFORMATION SYSTEMS, INC., FOR THE PURPOSE OF RELOCATING TO SAN BERNARDINO AND TO MARKET ITS PRODUCTS AND SERVICES. (S-l) Council Member Pope-Ludlam made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 89-224 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Minor. RECESS MEETING At 3:35 p.m, Mayor Pro Tempore Reilly called a twenty minute recess of the Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 3: 53 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall 300 North "0" Street, San Bernardino, California. . 48 6/19/89 r . ROLL CALL Roll Call was taken by Deputy City Clerk Reese with the following being present: Mayor Pro Tempore Reilly; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, Deputy City Clerk Reese, City Administrator Julian. Absent: Mayor Holcomb. RECESS MEETING - CLOSED SESSION At 3:53 p.m., Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, that the Regular Meeting of the Mayor and Common Council recess to Closed Session pursuant to the following: Government Code Section 54957 to consider personnel matters; (86) Government Code Section 54956.9(b) (1) to confer with its attorney regarding pending litigation, as there is significant exposure to litigation; (87) Government Code Section 54956.9(c) to confer with its attorney regarding pending litigation, so that Council may decide whether to initiate litigation. (88) . Government Code attorney regarding initiated formally follows: Section 54956.9(a) pending litigation to which the City to confer with its which has been is a party as (89) & (S-4) City of San Bernardino vs. California Construction Management, Inc., et al - San Bernardino Superior Court Case No. 238755; Saldecke, et al vs. City of San Bernardino, et al San Bernardino Superior Court Case No. 236836; Cable Lake Association vs. City of San Bernardino - San Bernardino Superior Court Case No. 239714 and Case No. 239649; City of Club, Inc., 239193; San Bernardino vs. San Bernardino Baseball San Bernardino Superior Court Case No. Stubblefield Construction Company, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 232998; . 49 6/19/89 1- r Juan Manuel Sanchez vs. City of San Bernardino _ United States District Court Case No. CV87-2291 AWT (Bx); . Charles H. Brown vs. City of San Bernardino - San Bernardino Superior Court Case No. 243087; Sock Dawson, et al vs. City of San Bernardino, et al- United States District Court - Case No. SA 88-461 AHS (RWRx) ; Barron/Alcarez vs. BernardIno SuperIor Court San Barratt, Inc., vs. City of San Bernardino Bernardino Superior Court Case No. 242433; San Highland Hills Homeowners Association vs. City Bernardino, et al - San Bernardino Superior Court No. 241464; of San Case Reynolds vs. City of San Bernardino - San Bernardino Superior Court Case No. 248752; Catlett vs. City of San Bernardino Superior Court Case No. 243182; Giberson vs. City of San Bernardino, McKee - San Bernardino Municipal Court Cast No. 120331; . Patel vs. City of San Bernardino - San Bernardino Superior Court Case No. 247732; Walker, Ruby vs. City of San Bernardino San Bernardino Superior Court Case No. 237618; Lexion vs. City of San Bernardino - San Bernardino Superior Court Case No. 245030; Lines vs. City of San Bernardino - San Bernardino Superior Court Case No. 221289; County of San Bernardino vs. South Coast Air Quality Management District (Rialto Tire Burning Plant) San Bernardino Superior Court Case Nos. 236061 and 236062. Lawrence Lee Cram vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 229990. . 50 6/19/89 I F . CLOSED SESSION At 3:53 p:m:; the Closed Session was called to order by Mayor Pro Tempore Reilly in the Conference Room of the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Pro Tempore Reilly; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, Deputy City Clerk Reese, City Administrator Julian. Absent: Mayor Holcomb. RECESS CLOSED SESSION At 3:55 p.m., the Closed Session recessed to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "Oil Street, San Bernardino, California. RECONVENE MEETING At 3:55 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. . ROLL CALL Roll Call was taken by Deputy Ci ty Clerk Reese wi th the following being present: Mayor Pro Tempore Reilly; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, Deputy City Clerk Reese, City Administrator Julian. Absent: Mayor Holcomb. PUBLIC HEARING - REFUSE RATE INCREASE - RESIDENTIAL AND COMMERCIAL COLLECTION - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for discus- sion regarding proposed rate increase for residential and commercial refuse collection. (See Page 19) (28) City Attorney Penman stated that he had researched the ordinances and found nothing prohibiting the City from using the General Funds to supplement the new tipping (dumping) fee charges. A discussion ensued concerning the possibility of using funds that would be generated from the refinancing of the outstanding bond issues and placing these funds into the General Fund account to help offset some of the shortages in the 1989-90 budget. . 51 6/19/89 f . Ci ty Attorney Penman sta ted that Mayor Holcomb re':' commended that there be a city wide refuse rebate system for senior citizens. City Administrator Julian suggested that a workshop be set for discussion on establishing a refuse rebate system for senior citizens. Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the matter of establishing a refuse rebate system for senior ci ti zens be referred to the Ways and Means Commi ttee for discussion. The Director of Public Services stated that he would request that County staff present information at the workshop concerning on how they are handling landfill problems. He further stated that information will be provided concerning how other cities handle the issue of landfills and whether they have a recycling program. City Administrator Julian stated that the full support of the County Board of Supervisors is needed for the mandating of a recycling program for all cities using the landfills. . Council Member Miller made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that a workshop be set for July 17, 1989 at 12:00 p.m, to discuss recycling alternatives. RES. 89-225 - RESOLUTION OF THE CITY OF SAN BERNARDINO FIXING AND DETERMINING THE FEES AND CHARGES TO BE CHARGED FOR THE COLLECTION AND DISPOSAL OF REFUSE, AND REPEALING RESOLUTION NO, 88-308 AND AMENDMENTS THERETO, AND PROVISIONS FOR AUTOMATED RESIDENTIAL REFUSE COLLECTION. (Version Two, twice a week pick up) (28) Council Member Flores made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 89-225 was vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam, Absent: None. adopted by the following Estrada, Reilly, Flores, Miller. Noes: None. . 52 6/19/89 . RECESS MEETING - CLOSED SESSION At 4: 17 p.m., Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that the Regular Meeting recess to Closed Session pursuant to the following: Government Code Section 54957 to consider personnel matters; (86) Government Code Section 54956.9(b) (1) to confer with its attorney regarding pending litigation, as there is significant exposure to litigation; (87) Government Code Section 54956.9(c) to confer with its attorney regarding pending litigation, so that Council may decide whether to initiate litigation; (88) Government Code attorney regarding initiated formally follows: Section 54956.9(a) pending litigation to which the City to confer with its which has been is a party as (89 & S-4) City of San Bernardino vs. California Construction Management, Inc., et al - San Bernardino Superior Court Case No. 238755; . Saldecke, et al vs. City of San Bernardino, et al- San Bernardino Superior Court Case No. 236836; Cable Lake Association vs. City of San Bernardino- San Bernardino Superior Court Case No. 239714 and Case No. 239649; Ci ty of Club, Inc., 239193; San Bernardino vs. San Bernardino Baseball San Bernardino Superior Court Case No. Stubblefield Construction Company, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 232998; Juan Manuel Sanchez vs. City of San Bernardino - United States District Court Case No. CV87-2291 AWT (Bx); Charles H. Brown vs. City of San Bernardino - San Bernardino Superior Court Case No. 243087; Sock Dawson, et al vs. City of San Bernardino, et al- United States District Court Case No. SA 88-461 AHS (RWRx) ; . 53 6/19/89 Barron/A1carez vs. City of San Bernardino San Bernardino Superior Court Case No. 241692; . Barratt, Inc. , vs. San Bernardino San Bernard1no Super10r Court 2 2 33; Hi~h1and Hills Homeowners Association vs. City of San Bernard1no, et a1 - San Bernardino Superior Court Case No. 241464; Reynolds vs. City of San Bernardino - San Bernardino Superior Court Case No. 248752; Catlett vs. City of San Bernardino - Superior Court Case No. 243182; Giberson vs. City of San Bernardino, McKee - San Bernardino Municipal Court Case No. 120331; Patel vs. City of San Bernardino - San Bernardino Superior Court Case No. 247732; Walker, Ruby vs. City of San Bernardino - San Bernar- dino Superior Court Case No. 237618; Lexion vs. City of San Bernardino - San Bernardino Superior Court Case No. 245030; . Lines vs. City of San Bernardino - San Bernardino Superior Court Case No. 221289; County of San Bernardino vs. South Coast Air Quality Management District (Ria1to Tire Burning Plant) San Bernardino Superior Court Case Nos. 236061 and 236062; Lawrence Lee Cram vs. City of San Bernardino, et a1 - San Bernardino Superior Court Case No. 229990. CLOSED SESSION At 4:20 p.m., the Closed Session was called to order by Mayor Pro Tempore Reilly in the Conference Room of the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Pro Tempore Reilly; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, Deputy City Clerk Reese, City Administrator Julian. Absent: Mayor Holcomb. . 54 6/19/89 r. ~-"._--"'-' ~-"", _"'_'~'_"...-' Also present was Deputy City Attorney Dewey. . ADJOURN CLOSED SESSION At 6: 25 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 3filfil North "D" Street, San Bernardino, California. RECONVENE MEETING At 6: 25 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 3filfil North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by Deputy City Clerk Reese with the following being present: Mayor Pro Tempore Reilly; Council Members Estrada, Reilly, Flores, Maudsley, Minor; City Attorney Penman, Deputy City Clerk Reese, City Administrator Julian. Absent: Mayor Holcomb; Council Members Pope-Ludlam and Miller. PIPE-LINE AGREEMENT - DUFFY STREET DISASTER It was announced that an agreement rela ti ve to the San Bernardino Pipeline Fire of May 25, 1989, was approved in Closed Session. . RES. 89-226 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433 ENTITLED IN PART, "A RESOLUTION. .CREATING AND ESTABLISHING POSITIONS FOR VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO"; BY GRANTING SAFETY EMPLOYEES ON INDUSTRIAL LEAVE ACCRUAL RIGHTS FOR VACATION, SICK LEAVE AND HOLIDAY CREDITS RETROACTIVE TO JANUARY 1, 1986. (See page 26 for previous discussion) (37) Council Member Minor made a motion, seconded by Council Member Flores, that said resolution be adopted as amended by interdelineation on Page 2 Line 22, to change June to January, and add "and includes retirees." Resolution No. 89-226 was adopted as amended by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Mi nor. Noes: None. Absent: Council Members Pope-Ludlam and Miller. . 55 6/19/89 . CONTINUANCE OF CLOSED SESSIONS Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that the following Closed Sessions be continued to June 21, 1989, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California: Government Code Section 54957 to consider personnel matters; (86) Government Code Section 54956.9 (b) (1) to confer with its attorney regarding pending litigation, as there is significant exposure to litigation; (87) Government Code Section 54956.9(c) to confer with its attorney regarding pending litigation, so that Council may decide whether to initiate litigation; (88) Government Code attorney regarding initiated formally follows: Section 54956.9(a) pending litigation to which the City to confer with its which has been is a party as (89 & S-4) City of San Management, Inc., Case No. 238755; Bernardino vs. California Construction et al - San Bernardino Superior Court . Saldecke, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 236836; Cable Lake Association vs. City of San Bernardino - San Bernardino Superior Court Case No. 239714 and Case No. 239649; City of San Bernardino vs. San Bernardino Baseball Club, Inc. San Bernardino Superior Court Case No. 239193; Stubblefield Construction Company, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 232998; Juan Manuel Sanchez vs. City of San Bernardino - United States District Court Case No. CV87-2291 AWT (Bx); Charles H. Brown vs. City of San Bernardino - San Bernardino Superior Court Case No. 243087; Sock Dawson, et al vs. City of San Bernardino, et al- United States District Court Case No. SA 88-461 AHS (RWRx) ; . 56 6/19/89 Barron/Alcarez vs. City of San Bernardino San Bernardino Superior Court Case No. 241692; . Barratt, Inc., vs. City of San Bernardino Bernardino Superior Court Case No. 242433; San Highland Hills Homeowners Association vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 241464; Reynolds vs. City of San Bernardino - San Bernardino Superior Court Case No. 248752; Catlett vs. City of San Bernardino - Superior Court Case No. 243182; Giberson vs. City of San Bernardino, McKee - San Bernardino Municipal Court Case No. 120331; Patel vs. City of San Bernardino - San Bernardino Superior Court Case No. 247732; Walker, Ruby vs. City of San Bernardino San Bernardino Superior Court Case No. 237618; Lexion vs. City of San Bernardino - San Bernardino Superior Court Case No. 245030; . Lines vs. City of San Bernardino - San Bernardino Superior Court Case No. 221289; County of San Bernardino vs. South Coast Air Quality Management District (Rialto Tire Burning Plant) San Bernardino Superior Court Case Nos. 236061 and 236062; Lawrence Lee Cram vs. City of San Bernardino, et al San Bernardino Superior Court Case No. 229990. ADJOURNMENT At 6: 30 p.m., Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the meeting be adjourned to June 21, 1989, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (91) SHAUNA CLARK City Clerk ~/4) ~--e~ eputy Ci y Clerk ~<~~ (;1.4 ~ eputy ty Cle k No. of Items: 100 No. of Hours: 8 . 57 6/19/89