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HomeMy WebLinkAbout07-05-1989 Minutes . . . City of San Bernardino, California July 5, 1989 This is the time and place set for an Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino at their Regular Meeting held at 9:00 a.m., on Monday, July 3, 1989, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California, all members being absent therefrom. The City Clerk has caused to be posted the Order of Adjournment of said meeting held Monday, July 3, 1989, and has on file in the Office of the City Clerk an affidavit of said posting together with a copy of said Order which was posted at 9:00 a.m., July 3, 1989, on the door of the place at which said meeting was held. The Adjourned Regular Meeting of the Mayor and Common Council was called to order by Mayor Holcomb at 9:10 a.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. Mt. INVOCATION The Invocation Zion Missionary was given by Rev. Henry Campbell, Baptist Church. Pastor of PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Flores. ROLL CALL Roll Call was taken by the City Clerk with the following being present: Mayor Holcomb, Council Members Estrada, Reilly, Flores, Maudsley, pope-Ludlam, Miller~ City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Council Member Minor. PUBLIC COMMENTS Susan Hartmann, Desert Inn Homeless Program, made comments Homeless Program, the American Consulate. Motel, a volunteer with the regarding assistance with the Indians, and the Mexican (A) PRESENTATION - Mayor Holcomb for their years of SERVICE PINS presented several employees service with the City. with service pins (B) COMMENDATION - REV. AND MRS. CAMPBELL Lorraine Velarde, Executive Assistant to the Mayor, read a resolution of the Mayor and Common Council of the City of San Bernardino commending Rev. Henry Lewis Campbell and Mrs. Mary Campbell for their twenty-seven years of ministry at the Mt. Zion Missionary Baptist Church. (B) - 1 - 7/5/89 . Rev. and commendation. Mrs. Campbell were present to receive the PROCLAMATION - JULY, 1989 - PARKS FOR KIDS MONTH Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino proclaiming the month of July, 1989, as Parks for Kids Month in the City of San Bernardino, and urging all citizens to avail themselves of the park facilities and to support the Parks for Kids Campaign. (B) John Kramer, Recreation Superintendent of parks, Recreation & Community Services Department; Rhoda Fox, Vice Chairman of the parks, Recreation and Community Services Commission; and Bill Lemann, Attorney, were present to accept the proclamation. PRESENTATION - EMPLOYEE RECOGNITION PROGRAM Lorraine Velarde, Executive Assistant to the Mayor, introduced the following employees who were honored through the Employee Recognition Program: Marie Beltran, Management/Confidential, Administration; Julie M. Reifel, Mid-Management, Admin/Telecommunications; Johnny Montecino, Safety, Police Department; Margarito Munoz, General, Public works/Public Buildings; Cynthia Olsen, Clerical, Library. . Each of these recognition of their duties. employees received a monetary award in outstanding service and dedication to their PUBLIC COMMENTS - MRS. LEE - CRIME PROBLEMS ON GILBERT STREET Mrs. Lee, 1578 W. Gilbert Street, asked for help from the City to address the problems of drug dealing and other crimes in her neighborhood. These crimes have greatly increased over the years. She praised the police officers who had responded to calls, but stated that much more help is needed to rid the neighborhood of the drug dealers. (A) COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. APPROVAL OF COUNCIL MINUTES - MAY 17, 1989 - JUNE 5, 1989 - JUNE 14, 1989 - JUNE 17, 1989 Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the minutes of the meetings of the Mayor and Common Council of the City of San Bernardino held on May 17, 1989, June 5, 1989, June 14, 1989, and June 17, 1989, be approved as submitted in typewritten form. (1) . LEGISLATIVE REVIEW COMMITTEE MEETING REPORT - JUNE 22, 1989 - COUNCIL MEMBER REILLY Council Member Estrada made a motion, seconded by Council - 2 - 7/5/89 ---T . Member Maudsley and Legislative Review received and filed. unanimously carried, that Committee meeting held on The following topics were the report of the June 22, 1989, be discussed: (2) 1. Proposed School at Little League/Belmont Street - Pro-rata share of bridge fee. 2. Review recommendations relative to handling of parades and special events. 3. Revision of procedures and guidelines for evaluating liquefaction potential. 4. Proposed street banner ordinance. 5. Discussion of City's position concerning assault weapons (to be tabled). 6. Resolution amending Section Two and One-Half of Resolution No. 8234 establishing parking restric- tions for the Third Level of the Civic Center Parking Structure. 7. Request for waiver of requirement to underground utilities - expansion of Omnitrans facility north- west corner of Medical Center and 5th Street. . 8. Weed abatement procedures. 9. Selection of new Committee Chairperson. WAYS AND MEANS COMMITTEE MEETING REPORT - JUNE 26, 1989 - COUNCIL MEMBER ESTRADA Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the report of the Ways and Means Committee meeting held on June 26, 1989, be received and filed. The following topics were discussed. (3) 1. Report on Cultural Fees. 2. Convention and Visitor Bureau presentation. 3. Proposed increase in Medical Transportation Fees. 4. Senior Citizens rate for refuse pick-up. SET PUBLIC HEARING - JULY 17, 1989 - BOARD OF BUILDING COMMISSIONS DECISION - PAYMENT OF $1991.50 - 1395 NORTH "E" STREET - MADELINE M. DEXTER In a letter dated June 16, 1989, Madeline M. Dexter and Rebekah Dexter requested they be allowed to appear before the Mayor and Common Council to appeal the Board of Building Commissioners' decision to require the payment of $1,991.50 for work done at 1395 North "E" Street. (4) . - 3 - 7/5/89 . . . un,-- Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that a hearing be set for 10:30 a.m., July 17, 1989, in the Council Chambers to discuss the appeal by Madeline M. Dexter of the Board of Building Commissioners' decision to require payment of $1,991.50 in administrative costs for work performed at 1395 North "E" Street. RESCISSION OF MOTION RELATING TO ISSUANCE OF GRADING OR OTHER PERMITS In a memorandum dated April 3, 1989, Roger Hardgrave, Director of Public Works/City Engineer, explained that a building moratorium was issued by OPR on June 11, 1987. There was concern that a permit could accidentally be issued in violation of the conditions of the moratorium. Therefore a motion was made directing that no permits be issued unless the project had been approved by the Planning Commission or the City Attorney's Office. Since the moratorium has been lifted, Mr. Hardgrave recommended that the motion be rescinded. (5) Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the motion directing the City Engineering Department not to issue grading or other permits, unless the project has been approved by the Planning Commission, the Mayor and Council has granted final approval of an appeal, or approval has been secured from the City Attorney's Office, be rescinded. APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS - INSTALLATION OF STREET LIGHTS ON WATERMAN AVENUE - FROM SANTA ANA RIVER TO CENTRAL AVENUE In a memorandum dated June 7, 1989, Roger Hardgrave, Director of Public works/City Engineer, stated that the plans for the installation of street lights on Waterman Avenue, from the Santa Ana River to Central Avenue, have been prepared and the project is ready to be advertised for bids. The total estimated project cost is $142,000. (6) Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the plans for installation of street lighting on Waterman Avenue, from the Santa Ana River to Central Avenue, in accordance with Plan No. 7802, be approved; and the Director of Public works/City Engineer be authorized to advertise for bids. APPROVAL OF SIGNS AND AUTHORIZATION TO ADVERTISE FOR BIDS - REVISIONS TO FREEWAY SIGNING FOR AUTO PLAZA DRIVE In a memorandum dated June 21, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for replacing four freeway sign panels for northbound traffic, and three for southbound traffic have been prepared and the project is ready to be advertised for bids. The panels will indicate both Auto Plaza Drive and Orange Show Road. The total estimated project cost is $16,000. (7) - 4 - 7/5/89 r . Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the plans for revisions to freeway signing on Route 1-215, to indicate Auto Plaza Drive, in accordance with Plan No. 7771, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids. CLAIMS AND PAYROLL Pursuant to a memorandum dated June 28, 1989, from Andrew Green, Director of Finance, Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the claims and payrolls, and the authorization to issue warrants as listed on the memorandum from the Director of Finance, be approved. (8) APPOINTMENT - HERBERT S. CLEMENSEN - PLANNING COMMISSION Pursuant to a memorandum dated June 20, 1989, from Mayor Holcomb, Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, to approve the appointment of Herbert S. Clemensen, 3625 Sepulveda, San Bernardino, CA, to the Planning Commission. (C) . PERSONNEL ACTIONS Pursuant to a memorandum dated June 23, 1989, from Roger C. DeFratis, Civil Service Chief Examiner, Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the Personnel Actions submitted by the Chief Examiner, in accordance with all administrative regulations of the City of San Bernardino, be approved. (9) PROTEST HEARING - PROPOSED STREET VACATION - PORTIONS OF MAIN AND BROADWAY STREETS, BETWEEN "I" AND "J" STREETS - CONTINUED FROM JUNE 19, 1989 This is the time and place continued to for a protest hearing regarding the proposed street vacation of portions of Main and Broadway Street, between "I" and "J" Street. (10) In a memorandum dated June 26, 1989, Roger Hardgrave, Director of Public works/City Engineer, stated that this item had been continued from June 19, 1989, to allow the Council Redevelopment Committee to hear this matter. In his memorandum, Mr. Hardgrave explained that maps of the area involved had been reviewed. A discussion was held relative to payment of any monetary losses that could be documented. Construction of loop connecting roads or hammerhead turn-around were also discussed. The Redevelopment Committee recommended that the Mayor and Council proceed with the vacation of the Broadway Street and Main Street Grade Crossings, and to direct staff to meet with the owners that have filed protests in order to work out mitigation measures. . Mayor Holcomb opened the hearing. - 5 - 7/5/89 !' . Dean Meyers, 982 West Second Street, explained that his business is located on the back of his lot, and Main Street is used for access to his property. He stated if it were closed, the drivers would have to back their trucks into Second Street. He also stated there was a tremendous growth in this area and predicted there could be traffic problems in the future. It was until City 6) suggested that this matter be Engineer Roger Hardgrave could continued temporarily be present. (See page . PUBLIC HEARING - CLOSURE OF TIPPECANOE AVENUE AND MILL STREET AT BOUNDARIES OF BALLISTIC MISSILE OPERATIONS COMPLEX - CONTINUED FROM MAY 15, 1989 This is the time and place continued to for a public hearing relative to the closure of Tippecanoe Avenue and Mill Street at boundaries of Ballistic Missile Operations Complex. (11) In a letter dated June 20, 1989, Dennis D. Wood, Colonel, USAF, stated that the Secretary of the Air Force had informed him that the Air Force's intent is not to approve the closure and gate relocation of the Ballistic Missile Operations Complex at this time. Therefore, he requested that the item be deleted. Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the item regarding the closure of Tippecanoe Avenue and Mill Street at boundaries of Ballistic Missile Operations Complex be tabled. COUNCIL MEMBER Council Member and took her place POPE-LUDLAM RETURNED Pope-Ludlam returned at the Council Table. to the Council Meeting READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of all the resolutions on the Council Agenda. Mayor Holcomb explained that because of the amount of time required to read the titles of the resolutions at Council Meetings, he is proposing a Charter Amendment to repeal this requirement. The issue will possibly be on the November, 1989, ballot. Council Member Flores made a motion, seconded Member Miller and unanimously carried, that further all the resolutions on the Council Agenda be waived. by Council reading of PROTEST HEARING - PROPOSED STREET VACATION - PORTIONS OF MAIN AND BROADWAY STREETS, BETWEEN "I" AND "J" STREETS - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for a protest hearing regarding the proposed street vacation of portions of Main and Broadway Street, between "I" and "J" Street. (10) . - 6 - 7/5/89 . . . . Dan Meyers, property owner at 982 W. 2nd Street, stated that the issue being considered is the closure of Main and Broadway Streets in order to open "F" Street. However, he explained that it appears that "F" Street is already open, as it is not barricaded, there is traffic on it and a business operating on the south side of the street. Roger Hardgrave, Director of Public works/City Engin7er, answered questions, stating that "F" Street was open, but ~s a private crossing and is not recognized by the Public Utilities Commission. Mr. Hardgrave answered Main and Broadway, stating erected to preclude vehicles questions regarding the closure of that physical obstructions would be crossing the railroad tracks. Mr. Meyers expressed concern regarding the location of two fire hydrants on the south side of the block of Main Street within the area of the railroad track easement. He stated that if the street were closed, the hydrants would not be accessible on the outside. He was also concerned because the area would not be accessible to fire trucks. Mr. Meyers stated that the construction of the loop as recommended at the Council Redevelopment Committee meeting of July 22, 1989, would be acceptable to him. Mr. Hardgrave explained that at a meeting with citizens protesting the vacation, they discussed providing a turn-around area on each side of the track, and loop streets along the railroad tracks. The turn-around tracks idea was rejected by Mr. Lang and Mr. Meyers, but the loop suggestion was satisfactory to them as long as the loops were sufficient for their delivery trucks to gain access and make the loop around. A discussion ensued regarding the accessibility of the fire hydrants in the area. Mr. Meyers stated it was his op~n~on that property owners in the area are concerned about the depreciation of their property value if alley access is not available. He stated there is an unnamed, unmaintained street immediately west of "I" Street that the railroad does cross and suggested that the railroad could consider closing that street rather than Main or Broadway. Mr. Carl Oldenkamp, owner of property at 1981 West Third Street, and also property facing "J" Street, stated that the proposed vacation of Main and Broadway would create a great problem for him. He stated that he has large trucks and trailers servicing his property, and even if a loop were created, it would have to have a wide turn area to accommodate his trucks. He stated that in the twenty-five years he has been in this location, there has never been a problem with the railroad at Main and Broadway. - 7 - 7/5/89 . . . r City Attorney Penman expressed concern regarding possible liability to the City. He referred to the Staff Report dated January 10, 1989, page 2, which stated that emergency and public service vehicles access will be reduced. The report also states that consideration could be given to constructing a loop street between Broadway and Main in order to avoid dead ends. He stated that answers to these concerns are needed. Mrs. Laverne Zulch, 3520 N. Broadmoor, stated that the proposed loop on both sides of her property will cause the property to be smaller in size and less valuable, and will ruin a railroad spur that is presently on her property. She suggested that if her property is decreased in size or value, the City should reimburse her for her losses. She stated she was very much against the street vacations. Mayor Holcomb assured Mrs. Zulch that under State and Federal law she would receive just compensation if the City found it necessary to take any of her property. Jane Connery, owner of property at 950 West Second Street, stated she rents property to Mr. Lang, who is on the west side of the track. He needs the crossing to go back and forth to his property on Broadway. She stated that the proposed vacation will create problems for both Mr. Lang and herself and is opposed to it. Mayor Holcomb spoke of the difficulty in getting the railroad to give their consent for another right-of-way. Council Member Maudsley made a motion, seconded by Council Member Miller, to close the public hearing and direct staff to come back with precise mitigating measures. (This motion was later withdrawn.) Mr. Hardgrave answered questions, stating that he still has to submit an application to the Public Utilities Commission (PUC) for the new "F" Street public grade crossing. That will take anywhere from three to five months to obtain. Council Member Maudsley made a substitute motion, seconded by Council Member Reilly and unanimously carried, that the protest hearing regarding the proposed street vacation of portions of Main Street and Broadway be continued to August 21, 1989, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. PUBLIC HEARING - CONSIDERATION OF PRICE INCREASE - ADULT GRAVES, INTERMENT CHARGES - CONCRETE VAULTS AND BELL LINERS This is the time and place set for a consider a price increase for adult graves, concrete vaults and bell liners. public hearing to interment charges, (12) Mayor Holcomb opened the hearing. - 8 - 7/5/89 ! . Dan Ustation, Cemetery Superintendent, answered questions regarding the definition of some of the items listed for an increase in price. RES. 89-228 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SCHEDULE OF CHARGES FOR THE SALE OF MATERIALS AND SERVICES BY THE CEMETERY COMMISSION OF SAID CITY; AND REPEALING RESOLUTION NO. 87-332 AND ALL SUBSEQUENT AMEND- MENTS THERETO. Shauna Clark read the title of the resolution. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the public hearing be closed, that further reading of the resolution be waived and that said resolution be adopted. Resolution Ayes: Council Ludlam, Miller. No. 89-228 was adopted by the following vote: Members Estrada, Reilly, Flores, Maudsley, Pope- Noes: None. Absent: Council Member Minor. . PUBLIC HEARING - REQUEST FOR WAIVER OF PARKS AND RECREATION CONSTRUCTION FEES - CONSTRUCTION OF RESIDENCE - 5536 NORTH "E" STREET - MR. AND MRS. PAUL BLANKENSHIP This is the time and place set for a public hearing to consider the request of Mr. and Mrs. Paul Blankenship for a waiver of Parks and Recreation Construction Fees for construction of a residence at 5536 North "E" Street. (13) In a letter dated June 5, 1989, Paul and Laura Blankenship requested the waiver of Parks and Recreation fees associated with the construction of their personal residence to be located at 5536 North "E" Street. The letter indicates that they have received waivers of School District fees and Sewer Capacity fees. In a Staff Report dated June 26, 1989, Larry Reed, Director of Building and Safety, explained that the house was originally built in 1968, and was owned by William Dahlquist at the time it was destroyed in the Panorama fire in 1980. The current owner of the property is Mr. Blankenship. Mr. Reed also set forth in the Staff Report an explanation of the no-fee building permits issued by the Building & Safety Department to property owners of property involved in the Panorama fire. Mayor Holcomb opened the hearing. Mayor Holcomb stated it was his understanding that the Parks, Recreation and Community Services Department had recommended the waiver of fees. . City Attorney Penman stated there was a legal problem with this request, as the governing ordinance specifically states that the City is not permitted to waive those fees unless the person - 9 - 7/5/89 J . requesting the waiver is also the person who occupied and owned the property at the time of the fire. Mayor instructed that once Connection destroyed, though the Holcomb suggested that the City Attorney could be to prepare an amendment to the ordinance to provide a resident has paid Parks and Recreation, Sewer Fees or any other fee for a building that is totally they don't have to pay the fee the second time even owner is not the occupant at the time of the fire. Mr. Blankenship answered questions, stating that construction on his new house is scheduled to begin early in August. He stated that the fee in question is approximately $1,480. He questioned whether or not this fee can be waived in advance or put aside until a decision has been made on the waiver. City Attorney Penman responded that an ordinance could provide for a refund, but felt precedence to set and questioned what would date. amendment to the it was a dangerous be a retroactive A discussion ensued regarding a possible retroactive date. City Administrator Julian explained that Mr. Blankenship is the third owner of the property, and this is the first time a waiver of fees has been requested. He suggested that in addition to the initial date, there should also be a terminal date. . A discussion ensued regarding possible provisions to be included in the proposed ordinance. Mr. Julian recommended that the present instance be taken care of by ordinance, but have a cut off date of tomorrow. He recalled that when the ordinance was adopted there were two concerns: one for the person who had been burned out; and one to get houses back on those properties as soon as possible so that it would not become a blighted area. Larry Reed, Director of questions, and explained that attention that this particular Recreation fees. Building & Safety, it has just been brought property never paid the answered to his Parks & Council Member Miller made a motion, Member Pope-Ludlam and unanimously carried, a waiver of Parks & Recreation fees Legislative Review Committee. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the request for a waiver of Parks & Recreation fees be continued to August 21, 1989, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. seconded by Council that the request for be referred to the . - 10 - 7/5/89 . . City Attorney Penman explained to Mr. Blankenship that if he proceeds with getting permits and the building plans, he does so at his own risk, as presently, there is no provision for return of the Parks & Recreation fees. RECESS MEETING At 10:55 a.m., the Mayor declared a five minute recess. RECONVENE MEETING At 11:08 a.m., the Adjourned Regular Meeting of Common Council reconvened in the Council Chambers 300 North "0" Street, San Bernardino, California. the Mayor and of City Hall, ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Holcomb, Council Members Estrada, Reilly, Flores, Maudsley, pope-Ludlam, Miller; Sr. Assistant City Attorney Barlow, City Clerk Clark, City Administrator Julian. Absent: Council Member Minor. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - ADJOURNED REGULAR MEETING The Adjourned Regular Meeting of the Commission/Redevelopment Agency was called Holcomb in the Council Chambers of City Street, San Bernardino, California. Community Development to order by Chairman Hall, 300 North "0" . PUBLIC HEARING - MILES HOUSE RESTORATION This is the time and place set for a public discuss the restoration of the Miles House, located 8th Street. hearing to at 439 West (R-4) In a memorandum dated June 27, 1989, Steven Dukett, Executive Director of the Redevelopment Agency, presented a synopsis of past action regarding the restoration of the Miles House and explained the provisions of the proposed Disposition and Development Agreement. Mayor Holcomb opened the hearing. Mayor Holcomb commended Council Member Maudsley on his endeavors in the completion of this excellent project and hoped that it was the beginning of additional preservation projects in San Bernardino. RES. 89-229 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE CONVEYANCE BY MEANS OF SALE OF CERTAIN REAL PROPERTY PURSUANT TO A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND ROCK ENTERPRISES. City Clerk Clark read the title of the resolution. . - 11 - 7/5/89 . Council Member Maudsley made a motion, seconded by Council Member Miller, that the hearing be closed, that further reading of the resolution be waived and said resolution be adopted. Resolution Ayes: Council Miller. Noes: Minor. No. 89-229 was adopted by the following vote: Members Estrada, Reilly, Maudsley, pope-Ludlam, Council Member Flores. Absent: Council Member Council Member Maudsley made a motion, seconded by Council Member Miller, that the Miles House located at 439 West 8th Street is a qualified historical structure pursuant to Section 18955 of the State Historical Building Code and that the house is deemed of importance to the history, architecture and culture of the area. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Pope-Ludlam, Miller. Noes: Council Member Flores. Absent: Council Member Minor. PUBLIC HEARING - TO DISCUSS THE AUTO PLAZA COMMERCIAL AREAS This is the time and place set for a pubic hearing to discuss development of the Auto Plaza commercial areas. (R-3) . In a memorandum dated June 27, 1989, Steven Director of the Redevelopment Agency, explained 23, 1985, the Redevelopment Agency entered Participation Agreement (OPA) with Orange Show for the development fo an automobile center Industrial Park. The OPA was amended in 1986 to extend construction dates and substitute a one that was unsecured. Dukett, Executive that on December into an Owner's Plaza Associates in the Southeast and again in 1988 secured note for Mayor Holcomb opened the hearing. RES. 89-230 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE REHABILITATION AND IMPROVEMENT OF REAL PROPERTY PURSUANT TO AN AMENDED AND RESTATED OWNER PARTICIPA- TION AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, ORANGE SHOW PLAZA ASSOCIATES, VICTOR H. BOYD AND GREG D. MCCLELLAND. City Clerk Clerk read the title of the resolution. Greg McClelland, one of the General Partners of B & M, explained that the site contains 9 1/2 acres. They are planning to improve about three acres with an auto service center. The remainder of the property will contain freeway show rooms, some retail up on top and possible hotel construction. He also explained some of the problems they have encountered with the project. Mr. McClelland stated they hope to start construction next week. . - 12 - 7/5/89 . . . . Mr. McClelland stated that his legal counsel had requested the following: They would like additional authority in favor of the Agency Director to introduce such other agreements as may be required to close escrow so long as they are consistent with the Owner Participation Agreement and approved by legal counsel to the Agency. Sr. Assistant City Attorney Barlow recommended that the resolution be changed on page 2, line 20, by substituting "or" for "and". He stated this would accomplish what Mr. McClelland is requesting. a motion, seconded carried, that the the resolution be by Council hearing be waived, and Council Member Reilly made Member Miller and unanimously closed, that further reading of that said resolution be adopted. Resolution No. 89-230 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 12:00 p.m., Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried to recess to Closed Session. CLOSED SESSION - COMMUNITY DEVELOPMENT COMMISSION At 12:00 p.m., the Common Council, acting as the Community Development Commission, recessed to Closed Session pursuant to Government Code Sections 54957 to consider personnel matters and 54956.9(c) to decide whether to initiate litigation. RECONVENE MEETING At 1:10 p.m., the Adjourned Regular Meeting of Common Council reconvened in the Council Chambers 300 North "0" Street, San Bernardino, California. the Mayor and of City Hall, ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Council Member Minor. RECESS MEETING - LUNCH BREAK At 1:10 p.m., the meeting was adjourned for a lunch break. RECONVENE MEETING At 2:04 p.m., the Adjourned 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 being present: was taken by City Clerk Clark with the following Mayor Holcomb; Council Members Estrada, Reilly, - 13 - 7/5/89 r . Flores, Maudsley, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Council Member Minor. APPEAL HEARING - PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT NO. 89-12 - SALE OF BEER AND AND WINE IN A MINI-MARKET - CONTINUED FROM JUNE 19, 1989 This is the time and place continued to for an appeal hearing regarding the Planning Commission's denial of Conditional Use Permit No. 89-12 relative to the sale of beer and wine in a proposed market in a shopping center on Baseline and "G" Street. (39) In a staff report dated May 31, 1989, Brad Ki1ger, Planning Director, gave the background on Conditional Use Permit No. 89-12, which is an application to allow the sale of beer and wine for off-site consumption under authority of San Bernardino Municipal Code 19.26.020 (B) 15 on a 1.93 acre parcel at the southeast corner of Baseline and "G" Street. In his report, Mr. Kilger explained that School is located directly across the street corner of Baseline and "G" Street. The First located less than one-fifth mile on "G" Street. less than a mile from the site. Riley Elementary on the northwest Baptist Church is Pioneer Park is . Mr. Kilger further reported in his report that the Department strongly opposed the granting of another license in the area due to the high crime rate in the area over concentration of alcohol outlets. Police liquor and an Mayor Holcomb opened the hearing. Mr. Gottlieb of the Sorrento Group stated he felt that the sale of beer and wine in the market would not increase crime and he felt that by placing a market in the shopping center, they will be able to provide services and products that are not available in that area at the present. By approving the beer and wine license, the market will be in a position to compete with other markets and act as a catalyst to attract other businesses to the area. He stated that he disagreed with the Police Department report that indicated that beer and wine in a market will create more crime. In fact, he felt a well controlled new shopping center would diminish crime and provide new vitality and improvement in the area by creating another defense system for the City. Mr. Gottlieb answered questions. . Mr. operators a smaller will have supplies, Adam Langford spoke on behalf of California Markets, of the proposed market. He stated they plan to put in version of a major market - not a mini market. They an extended deli-produce section, dry goods, medical baby formula and a variety of items that would be - 14 - 7/5/89 . . . carried license operate in a major market. would enhance the without it. He felt that the beer and business, even though they wine could Mr. Langford answered questions, not to sell less than a six-pack millileters of wine, nor less than a stating that their policy is of beer, nor less than 750 four-pack of wine coolers. Mr. John Evans, 1139 North "G" Street, strongly opposed the sale of alcoholic beverages in the new shopping center. He stated there is an elementary school near the market, and there are approximately six more liquor stores within a three block area. Mayor Holcomb stated he felt that this project would provide many benefits to the area rather than cause it to deteriorate. He referred to an article in the Los Angeles Times, dated June 25, 1989, which indicates that banning the sale of beer and wine has very little effect on controlling drunkenness, without other positive influences. Council Member Reilly made a motion, seconded by Council Member Miller, to continue this item to July 17, 1989, and direct the City Administrator to request the Police Department to submit a list of recommendations which would assist in mitigating the concerns of the Department in the event the Council were to approve the C.U.P. and, further, that the recommendations be submitted to the Mayor and Common Council prior to the meeting of July 17. (See vote on this motion after discussion.) City Attorney Penman asked that his office also be consulted, as they do the prosecutions on Municipal Code violations in that area. He explained that there have been a great many problems with prostitution and drinking in that neighborhood. Mike Reeves, representing the Sorrento Group, stated that they had conferred with the Police Department during the development of the shopping center to be sure the building would be very secure. One of the ideas incorporated was to locate the back of the building on the property line, thereby providing no access or place to congregate. They also installed extensive lighting in the parking lot. Mr. Reeves explained that the area designated for the sale of beer and wine takes up less than 10% of the entire store area. Mr. Gottlieb stated that pedestrian traffic going to and from the market provides a self-defense element and prevents loitering. He also explained other features of their market which will discourage crime, such as not having an arcade, only one fast food restaurant, and providing more than adequate parking. As it is well lighted and accessible, the Police will be able to look inside as they drive by. Mr. Reeves explained they had fenced walls and wrought iron fencing, and had their entire area in done their best in - 15 - 7/5/89 . securing their property, but could not control the surrounding area. The previous motion by Council Member Reilly and seconded by Council Member Miller carried unanimously. APPEAL HEARING - PLANNING COMMISSION'S DENIAL OF VARIANCE NO. 89-3 - CONSTRUCTION OF PARKING LOT WITHOUT PAVING - ECONO LODGE - CONTINUED FROM JUNE 19, 1989 This is the time and place continued to for an appeal hearing filed by Econo Lodge on the Planning Commission's denial of Variance No. 89-3 for the construction of a parking lot without paving at the northwest corner of Fairway Drive and Camino Real. (40) In a Staff Report dated June 2, 1989, Brad Kilger, Planning Director, explained that the applicant requested that the Mayor and Council reconsider the denial and approve the variance so that construction of a parking lot could occur without paving on 2.15 acres. In the report, Mr. Kilger quoted Municipal Code Section 19.56.380, which states: "All areas shall be surfaced or paved with asphaltic concrete, concrete or other bitulithic surfacing acceptable to the Commission and shall thereafter be maintained in good condition." . Mr. Kilger stated that the appeal is based on the desire for increased business from truckers. The Planning staff agrees this would be advantageous in this area, as semi-trucks are presently not being accommodated by the motel's off-street parking area. However, a properly designed and constructed parking lot should be constructed. Mr. V. K. Shah, General Manager, Econo Lodge, 668 Fairway Drive, explained that business has been very slow at their location. One of the reasons is the difficulty travelers have in finding the freeway off-ramp to gain access to their motel. He requested a six to twelve month period of time in which the adjoining vacant parking lot will be covered with slag rather than conventional paving as an economy measure. He felt they could increase business by allowing truckers to park there and use the facilities at the Econo Lodge so they could begin to make a profit. He stated he had contacted a few trucking companies and received several commitments that if their trucks could park there, the truckers would stay at Econo Lodge. City Attorney Penman stated that using slag doesn't meet the legal requirements. He also stated that this matter has never gone to ERC, and procedurally, it has to go there before it can come to the Council. He explained that findings must indicate that there are exceptional or extraordinary circumstances or conditions applicable to the property involved. . - 16 - 7/5/89 . . . Mayor Holcomb suggested that a creative solution to this problem be found, if this is desirable public policy. He felt that slag serves a very practical purpose and is as acceptable as black top. By providing this parking space, it would eliminate some of the blight in that area. He suggested this matter be sent to Environmental Review Committee (ERC). Planning Director Kilger stated for the record, that in the long term, they would require asphalt or concrete on that parking area, as that is more appropriate. Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the appeal hearing regarding Variance No. 89-3 be continued to August 21, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, and go before the ERC to establish conditions. City Attorney Penman stated it would be legally preferable to amend the Municipal Code rather than grant an unlawful variance. He asked for direction to prepare an amendment, if the Council wishes to allow this temporary situation. Planning Director Kilger stated he would coordinate with the City Attorney's office, review the provisions of the Municipal Code and make a recommendation. APPEAL - PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT NO. 89-16 - CONSTRUCTION OF ADDITION TO DRIVE THROUGH RESTAURANT AND PARKING VARIANCE - CARLSON DESIGN AND CONSTRUCTION COMPANY - 477 SOUTH "E" STREET This is the time and place set to hear an appeal filed by Carlson Design and Construction Company on the Planning Commission's denial of Conditional Use Permit No. 89-16 regarding the construction of an addition to a drive-through restaurant and parking variance. (41) In a Staff Report dated June 21, 1989, Planning Director Kilger stated that Conditional Use Permit No. 89-16 is an application to construct a 418 square foot addition to an existing 1,500 square foot drive-through restaurant and approval of a variance from Code Sections 19.56.020 regarding required parking at 477 South "E" Street. The proposal is consistent with the General Plan. In the Staff Report, Mr. Kilger explained that the applicant is basing the appeal on the fact that the City'S parking requirements for drive-through restaurants are too high. Their evidence is a sampling of other cities' requirements in Southern California, which have a requirement of one parking space for every 100 square feet of gross floor area. The City of San Bernardino's requirement is one space for every 60 square feet of gross floor area. Additionally, they have provided evidence that the peak parking needs of the business (Kentucky Fried Chicken) with the new addition would only be about seven spaces. - 17 - 7/5/89 . . . . Mayor Holcomb opened the hearing. Mr. Kilger stated that this project needs three additional parking spaces. Mayor Holcomb suggested that the City's parking requirements are excessive and asked if the Planning Department is in a position to recommend changing the parking requirements. Mr. Kilger responded, stating that the fact that the City's parking requirements are excessive alone is not sufficient to make findings, because it would require an amendment to the existing code. It is unique to the particular site because it is fast food drive-though. However, more study would be required before a finding could be made. He stated that they anticipate recommending some revisions to the parking standards, but they had planned to do a comprehensive amendment with the update of the Development Code, which will be forthcoming within the next six months. City Attorney Penman stated he would like to see the standards liberalized, as that would make them easier to enforce. He explained that San Bernardino has very strict codes regarding variances, and suggested it would help to adopt the Government Code Section 65906.5 which permits some off-site parking. He stated that even though the City's requirements are excessive, they are the legal requirements and have to be enforced until they are changed. Applicant Bob Merriam with Carlson Design, P. O. Box 819, Anaheim, CA 92805, explained the intent of the proposed improvement in the facility is to increase seating from approximately twenty to thirty-two, and to add restrooms that will meet the State of California handicapped requirements. They will also improve the landscaping. He stated they are trying to increase the volume of business for this unit, which is presently substantially lower than the national average. Mr. Merriam stated he thought there were unique circumstances, which are set forth in the appeal, based on a random sampling of other cities' parking requirements. He felt that the City of San Bernardino's requirement is very stringent compared to other cities for this type of operation. He also pointed out that they are not using even one-half of the parking spaces that are required. . COUNCIL MEMBER MAUDSLEY EXCUSED Council Member Maudsley left the Council Meeting. City Attorney Penman stated the conditions legally suffici~nt circumstances. The fact that chosen to requ~re more parking than other cities the situation unique. cited this does are not City has not make - 18 - 7/5/89 'I . Mr. Merriam answered quest~ons regarding the public restrooms, stating that when a pr~or remodeling was done, the restrooms were accessible only from outside the building, as there was not sufficient room inside the building. Mayor Holcomb stated he this project, and suggested appropriate conditions to get amended. saw nothing but good results from that Planning staff come up with a variance or that the ordinance be Planning Director Kilger recommended that this matter be continued to allow staff to prepare findings based on information received today. Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that this matter be continued to July 17, 1989, at 2:00 p.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. City Attorney Penman stated that if its to allow changes in the previous ordinance, getting some direction so they could ordinance rather than granting a variance. the Council's intent he would appreciate prepare an amended COUNCIL MEMBER MAUDSLEY RETURNED Council Member Maudsley returned to the Council Meeting and took his place at the Council Table. . MAYOR HOLCOMB EXCUSED At 3:15 p.m., Mayor Holcomb Council Member Flores assumed the left the Council Meeting and duties of Mayor Pro Tempore. APPEAL HEARING - PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT NO. 89-4 - CONSTRUCTION OF MOBILE HOME PARK IN VERDEMONT AREA - SOUTH SIDE OF KENDALL AT SOUTHERLY TERMINUS OR PROPOSED PINE AVENUE BETWEEN CABLE CREEK CONTROL CHANNEL AND PROPOSED CITY PARK This is the time and place set for hearing an appeal filed by Barbara J. Roberts on the Planning Commission'S approval of Conditional Use Permit No. 89-4 for construction of a mobile home park in the verdemont area. The location for the proposed mobile home park is a 37.4 acre site on the south side of Kendall Drive at the southerly terminus of proposed Pine Avenue between the Cable Creek Control Channel and a proposed City Park. (42) In a Staff Report dated June 21, 1989, Planning Director Kilger stated that Conditional Use Permit No. 89-4 is a request to construct a 202 unit mobile home park in the Verdemont area. The proposed mobile home park is consistent with the General plan adopted June 2, 1989. The appellant is appealing the approval of Conditional Use Permit No. 89-4 because of traffic and high wind concerns. A letter from Ms. Roberts setting forth her concerns was included with the Staff Report as Attachment "A". . - 19 - 7/5/89 . . Mayor Pro Tempore Flores opened the hearing. Planning Director Kilger stated they had received six letters in opposition to the proposed project. Ms. Roberts read a letter she had prepared one included in the backup material. In the that the granting of the Conditional Use conditions imposed could be detrimental to safety and general welfare of some citizens even though it is consistent with the General in addition to the letter she stated Permit under the the peace, health, of San Bernardino, Plan. She stated that signalization is not in place at Palm & Kendall as implied in applicant's report: that the recently approved Sheriff's training facility will increase traffic, thereby decreasing the level of service: "stacking" can occur as a result of the delays at the Cajon and Palm railroad crossing: present and proposed use of Glen Helen Regional Park will not affect ingress and egress on a daily basis, but will periodically when special events are held there. Ms. Roberts also cited periodic flooding in certain areas. . Ms. Roberts also stated that any State/verdemont area should require withstand winds in excess of 80 m.p.h. Roger Hardgrave, Director of Public works/City Engineer, answered questions, stating that Cal Trans is now doing a total rehabilitation of Kendall in preparation of releasing it to the City within the next few months. construction structures in the be able Cal to Applicant Mr. Riddle, Land Planner, Box 1572, Orange, CA 92666, explained that the proposed mobilehome park will be a first class project. He explained the improvements they will make on Kendall Dr., and the fact that they will contribute $55,000 to the cost of the signal. Floyd Sweet, Manager of Traffic Engineering Services of BSI, 1906 Commercenter, San Bernardino, stated they had done a number of traffic analysis in the immediate area and also are responsible for the Sheriff's facility analysis. They have taken into account the concerns that have been mentioned and have considered the traffic conditions at buildout in the area. He stated there may be some problems, but those problems have been evaluated. There will be a slight modification of the level of service, but its judged to be a perfectly acceptable level of "B", or "C", which is still acceptable by any jurisdiction in the State of California. Mr. Sweet stated that his firm had worked closely with the Planning Department and the Traffic Engineer in the Public Works Department, and felt they had done a complete and thdrough study of the area. . - 20 - 7/5/89 . . . I Mr. Riddle answered questions regarding mitigating the wind problems. He spoke of eight mobile homes which have been in this area for up to fifteen years and have withstood the winds. He also explained that landscaping will enhance the project. He answered questions regarding density, stating that the density is about 5.3 per acre. The allowable density is nine per acre. Roger Hardgrave, Director of Public Works/City Engineer, answered questions, stating that they had been collecting funds from each developer on Kendall Drive for the last several years, and have approximately $100,000 in the account for the traffic signal at Kendall and Pine. He stated there had been delays because of the City's development moratorium and a court case, but funds are available when they are ready to go ahead. Mr. Riddle answered questions, stating that there will be tile on the roofs and trees planted around the parameter of the project as a wind break. There will also be a six foot wall that will also act as a wind break. Helen Kopczynski, 8150 Cable Canyon, stated she was opposed to the proposed project. She explained that she didn't believe it was good planning to approve this project, as she felt the Verdemont area was not appropriate for mobilehome parks. She also referred to the twelve minute response time by the Fire Department to a recent fire on her street, and felt that additional traffic generated by the new project would make the response time even longer. Ms. Kopczynski answered questions, stating that the primary reason for not wanting the mobilehome parks in the Verdemont area was the danger caused by the continual high winds in the area. Barbara Sky, 6464 Palm Avenue, stated that because of the noise from the freeway and the high winds in the area, these mobilehomes will require special windows, insulation, and tile roofs. This will cause the mobilehomes to be very expensive. She also stated it was her belief that the roof tiles would be plastic, as the mobilehome could not support the weight of concrete or real tile. She also stated that many of the mobilehomes would be rentals, rather than owner/occupied. Ms. Sky also stated there would be a potential liability to the City, as the skirtings would not hold up and during a wind storm debris could be blown into the freeway which could cause an accident. MAYOR HOLCOMB RETURNED At 3:45 p.m., Mayor Holcomb returned to the Council Meeting and took his place at the Council Table. Joy Kolstad, 1542 Indian Trail, spoke against the project because of the serious problem of winds in the area. She spoke of instances when roofs had been blown off homes. She was not - 21 - 7/5/89 . . against mobilehomes as such, but felt this was not an appropriate area to locate them. Ms. Kolstad spoke for Mr. paulk, 2622 Kendall, who has a wind machine and has registered winds of 90 m.p.h. in the area directly across the street from the proposed project. Barbara Roberts stated that the protests are in no prejudicial against race or status, but are based on concern the stability of the community. Mr. Riddle reiterated the safety factors, such as masonry skirting that will not blow away. He explained that will maintain the street and landscaping. He also stated there will be insurance. way for the they that . City Attorney Penman stated that in terms of liability he had concerns regarding the wind factor and felt there was not enough information regarding its impact. He spoke about winds in excess of 90 m.p.h. in the University area and the damage they had caused. He suggested that before a decision is made on this project that some type of study be done regarding requirements for mobilehomes in the rest of the City compared to this area where it is known there are severe wind problems. He stated that normal standards for mobilehome in the city do not take into account the high winds that have been recorded at the University. He stated that if this project is approved, and those mobilehomes are destroyed, the City could face liability for having approved the project. Planning Director Kilger answered questions regarding the wind studies, stating they were relying on the current ordinance, and placing those requirements on this project. Chuck King, 2081 Business Center Dr., Irvine, spoke in favor of the project. He stated that these mobilehomes are put on conventional foundations and are practically the same of conventional homes in terms of safety. He also pointed out that the project will provide maintenance, have CC&R's, police themselves and have less crime. He thought the project would be an asset to the neighborhood, and that engineering could take care of the wind problems. Larry Reed, Director, Building & Safety, referred to the Building Code that has been adopted under various titles by the State of California. He explained that the State sets minimum standards. Local governments can set higher standards. It was his understanding that the City has adopted this particular criteria as being 80 m.p.h. as the maximum standards that are required. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that the hearing be closed. . - 22 - 7/5/89 . . . , A discussion ensued regarding the importance of obtaining wind studies regarding the Verdemont site. Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that the appeal of the Planning Commission's approval of Conditional Use Permit No. 89-4 be continued to August 7, 1989, for a report on wind studies. RECESS MEETING At 4:15 p.m., the Adjourned Regular Meeting recessed for a ten minute break. RECONVENE MEETING At 4:30 p.m., the Adjourned Regular Meeting of Common Council reconvened in the Council Chambers 300 North "D" Street, San Bernardino, California. the Mayor and of City Hall, ROLL CALL Roll Call was taken by City Clerk Clerk with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clerk, City Administrator Julian. Absent: Council Member Minor. GENERAL PLAN - EXTENSION OF INTERIM URGENCY ORDINANCE In a Staff Report dated June 22, 1989, Planning Director Kilger requested authorization to issue a written report pursuant to Government Code Section 65858 (d) which described the measures that have or will be taken to alleviate the conditions which led to the adoption of the interim urgency ordinance; and, to extend the provisions of the interim urgency ordinance with the amendments as indicated in Attachment "B" for ten months and fifteen days. (43) In the report, Mr. Kilger gave the background of the adoption of the new General plan and explained State law provisions governing the adoption of an urgency ordinance. He recommended that the written report contained in Attachment "c" be approved for issuance; and that the provisions of the urgency ordinance (Attachment "A") be extended for ten months and fifteen days, with the amendments contained in Attachment "B". ORD. MC-664 - AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.83 OF THE SAN BERNARDINO MUNICIPAL CODE AND EXTENDING THE TIME PERIOD OF THE INTERIM URGENCY ZONING ORDINANCE WHICH PROHIBITS CONFLICTING USES AND PROVIDES FOR INTERIM IMPLEMENTATION OF AND CONSISTENCY WITH THE GENERAL PLAN. FINAL Mayor Holcomb opened the hearing. Planning Director Kilger reviewed his written report the background of this action. He explained the documents in the backup which included the original and gave various urgency - 23 - 7/5/89 . ordinance, which was adopted June 2, 1989, were recommended, Report of measures taken or to alleviate the urgency conditions, the summary (June 2, 1989), and the new ordinance certain amendments. the amendments that that will be taken urgency ordinance for readoption with Planning Director Kilger read the title of the ordinance. Mr. Kilger recommended that the following change be made: In attachment "0", Item No.8, page 5 of the Table requiring a review of plans, include heavy commercial and light industrial in addition to all motor vehicles uses in the CR-4 land use requirement. He explained that the amendment should be in the Table of Permitted Uses at the back of the ordinance, not in the ordinance itself. Council Member Flores made a motion, seconded by Council Member Estrada, that the public hearing be closed; that, pursuant to Government Code Section 65858(d) the written report contained in Attachment "c" be issued; and, that the Interim Urgency Ordinance (Attachment "A"), be extended for ten months and fifteen days, with the amendments as indicated in Attachment "B"; and that further reading of said Interim Urgency Ordinance be waived and the ordinance be adopted. . The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Maudsley, Miller. Noes: Absent: Council Member Minor; Abstain: Council Pope-Ludlam. Ordinance MC-664 was adopted by the following vote: Council Members Estrada, Reilly, Flores, Maudsley, Miller. None. Absent: Council Member Minor. Abstain: Council Pope-Ludlam. Council None. Member Ayes: Noes: Member It was pointed out that there was a typographical error in the Urgency Ordinance adopted on June 2, 1989, page 9, line 17, and the City Clerk was instructed to correct this typo by changing the word "or" to "and", so that the sentence reads "The Mayor and Common. . . ." RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY RE- QUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESS- MENT DISTRICT; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESS- MENT DISTRICT NO. 991, AND WAIVING NOTICE AND HEARING. (Verdemont & Olive) (Continued from June 19, 1989) (14) Council Miller made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that said resolution be continued to July 17, 1989, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. . - 24 - 7/5/89 . Council Member Reilly made a motion, seconded by Council Member Flores that the following resolutions be adopted. RES. 89-231 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE ORRICK, HERRINGTON & SUTCLIFFE, AND THE CITY OF SAN BERNARDINO FOR BOND COUNSEL SERVICES. (15) RES. 89-232 - RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY PROVIDING THAT VIOLATIONS OF CITY ORDINANCES SHALL BE EITHER MISDEMEANORS OR INFRACTIONS AND ELIMINATION OF THE MAXIMUM PENALTY THEREFOR. (16) Resolution Nos. following vote: Ayes: Maudsley, Pope-Ludlam, Member Minor. 89-231 and 89-232 were adopted Council Members Estrada, Reilly, Miller. Noes: None. Absent: by the Flores, Council Council Member Reilly made a motion, seconded by Council Member Estrada, that the following resolutions be adopted. . RES. 89-233 - RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS A PROPOSED CHARTER AMENDMENT WHICH WOULD PROVIDE THAT VIOLATIONS OF CITY ORDINANCES WOULD BE EITHER MISDEMEANORS OR INFRACTIONS AND WOULD ELIMINATE THE MAXIMUM PENALTY THEREFORE AND REQUESTING THAT SUCH SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE GENERAL ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO. (17) City Attorney Penman answered questions regarding the Penal Code costs. He also explained that the wording in the staff report is the same as the City Attorney's analysis that will be in the voters' pamphlet. RES. 89-234 - RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY PROVIDING THAT RESOLUTIONS NEED NOT BE PUBLICLY READ BEFORE ADOPTION. (18) Resolution Nos. following vote: Ayes: Maudsley, Pope-Ludlam, Member Minor. 89-233 and 89-234 were adopted Council Members Estrada, Reilly, Miller. Noes: None. Absent: by the Flores, Council Council Member Flores made a motion, seconded by Council Member Reilly, that the following resolutions be adopted. . RES. 89-235 - RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS A PROPOSED CHARTER AMENDMENT WHICH WOULD PROVIDE THAT RESOLUTIONS NEED NOT BE PUBLICLY READ BEFORE ADOPTION AND REQUESTING THAT SUCH SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE GENERAL ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO. (19) - 25 - 7/5/89 . . . RES. 89-236 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE GENERAL EMPLOYEES BARGAINING UNIT OF THE CITY OF SAN BERNARDINO REPRESENTED BY AFSCME. (20) Resolution Nos. following vote: Ayes: Maudsley, pope-Ludlam, Member Minor. 89-235 and 89-236 were adopted Council Members Estrada, Reilly, Miller. Noes: None. Absent: by the Flores, Council RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION . . . ESTABLISHING A BASIC COMPENSATION PLAN . . ."; BY CHANGING THE TITLES OF SENIOR PARKING CONTROL CHECKER TO PARKING CONTROL SUPERVISOR RANGE 2103 ($1704-2292/MO.), RECREATION CENTER MANAGER I TO COMMUNITY CENTER MANAGER I RANGE 2108 ($1815-2440/MO.), AND RECREATION CENTER MANAGER II TO COMMUNITY CENTER MANAGER II RANGE 2116 ($2003-2693/MO.) EFFECTIVE JULY 1, 1989. (21) Gordon Johnson, Director of Personnel, answered questions regarding an increase for construction inspector. He stated that there is a corresponding item in the personal actions. Mr. Johnson explained that this matter had gone before the Civil Service Board and that all his Department is doing is reclassifying the position to construction inspector at existing title and existing salary. The personnel actions would upgrade the individual who is in that position. He explained that the Director of Public Services had requested an evaluation of reclassifying of a Methods & Standards Expeditor. This request was reviewed and a recommendation made that the position should be reclassified as a construction inspector. The Council Personnel Committee recommended approval. Mr. Johnson answered questions regarding the position of Assistant Superintendent of Maintenance in the Public Buildings Division. The person in that position will be retiring soon. Council Member Maudsley made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be continued to July 17, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION . . . ESTABLISHING A BASIC COMPENSATION PLAN. . .", BY ADDING THE POSITION OF ASSISTANT SUPERINTENDENT FOR MAINTENANCE AT RANGE 4139 ($2967-3613/MO.) AND DELETING THE POSITION OF REAL PROPERTY ENGINEER AT RANGE 4146 ($3234-3941/MO.) EFFECTIVE JULY 1, 1989. (22) - 26 - 7/5/89 . . . r Council Member Maudsley made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be continued to July 17, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 89-237 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION . . . ESTABLISHING A BASIC COMPENSATION PLAN . . .", BY SPECIFYING DEPARTMENTS WITH SENIOR SECRETARY POSITIONS EFFECTIVE JULY 1, 1989. (23) Council Member Miller made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 89-237 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope- Ludlam, Miller. Noes: None. Absent: Council Member Minor. Council Member Flores made a motion, seconded by Council Member Miller, that the following resolutions be adopted. RES. 89-238 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433 ENTITLED IN PART "A RESOLUTION . . . CREATING AND ESTABLISHING POSITIONS FOR THE VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO"; BY INCREASING THE NUMBER OF ADMINISTRA- TIVE OPERATIONS SUPERVISOR II POSITIONS FROM 1 TO 2 AND DELETING THE POSITION OF ADMINISTRATIVE OPERATIONS SUPERVISOR I IN THE LIBRARY DEPARTMENT; ADDING ONE CONSTRUCTION INSPECTOR, AND DECREASING THE NUMBER OF METHODS AND STANDARDS EXPEDITOR II POSITIONS FROM 2 TO 1 IN THE PUBLIC SERVICES DEPARTMENT. (24) RES. 89-239 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REQUESTING THE EXTENSION OF BUSINESS ROUTE 30 ALONG HIGHLAND AVENUE, FROM ARDEN AVENUE TO ROUTE 330 INTERCHANGE. (25) RES. 89-240 - RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES ON SAID PROPERTIES. (27) by the Flores, Council Resolution Nos. 89-238, 89-239, 89-240 were adopted following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Pope-Ludlam, Miller. Noes: None. Absent: Member Minor. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 655 ENTITLED IN PART, "A RESOLUTION . . . DESIGNATING CERTAIN STREETS OR PORTIONS THEREOF AS THROUGH HIGHWAYS. . ."; AND PROVIDING THAT PENNSYL- VANIA STREET IS A THROUGH HIGHWAY AT ITS INTERSECTION WITH MAGNOLIA AVENUE. (26) - 27 - 7/5/89 . . . .,. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be continued to July 17, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 89-241 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE QUITCLAIMING OF A RIGHT-OF-WAY TO DAVID F. WALMER OVER A PORTION OF LOT 14, BLOCK 43, TWELVE ACRE SURVEY OF RANCHO SAN BERNARDINO. (28) Council Member Flores made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution Ayes: Council Ludlam, Miller. No. 89-241 was adopted by the following vote: members Estrada, Reilly, Flores, Maudsley, pope- Noes: None. Absent: Council Member Minor. READING AND WAIVING OF ORDINANCES City Clerk Clark read the titles of all the ordinances on the Council Agenda. Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that further reading of all the ordinances on the Council Agenda be waived. ORD. MC-665 - ORDINANCE OF THE CITY OF SAN BERNARDINO FINAL ADDING SECTION 19.50.070 TO THE SAN BERNARDINO MUNICI- PAL CODE RELATING TO HOME OCCUPATION PERMITS. (29) Council Member Flores made a motion, seconded by Council Member Reilly, that said ordinance be adopted. Ordinance No. MC-665 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope- Ludlam, Miller. Noes: None. Absent: Council Member Minor. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the following ordinances be laid over for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING SECTION 2.04.020 OF THE SAN BERNARDINO MUNICIPAL CODE, A SECTION DESIGNATING "CIVIL SERVICE RESPON- SIBILITIES" OF THE PERSONNEL DEPARTMENT. FIRST (30) - 28 - 7/5/89 I . ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 10.16.160 RELATING TO DISABLED OR HANDI- CAPPED PARKING, ADDING SECTION 10.16.220 RELATING TO PARKING UNREGISTERED VEHICLES, ADDING SECTION 10.16.230 RELATING TO PARKING ABANDONED VEHICLES AND ADDING/AMENDING SECTIONS 10.04.025, 10.04.040, 10.04.070, AND 10.04.095 RELATING TO DEFINITIONS OF ABANDONED VEHICLE, COMMERCIAL VEHICLE, LOADING ZONE AND OFF-STREET PARKING FACILITY OF THE SAN BERNARDINO MUNICIPAL CODE. FIRST (31) . ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING FIRST SECTIONS 15.04.015, 15.04.020, 15.04.050, 15.04.060, 15.04.070, 15.04.075, 15.04.078, 15.04.080, 15.04.082, 15.04.085, 15.04.087, 15.04.095, 15.04.100 OF THE SAN BERNARDINO MUNICIPAL CODE TO ADOPT THE UNIFORM BUILD- ING CODE, 1988 EDITION, THE UNIFORM BUILDING CODE STANDARDS, 1988 EDITION, UNIFORM HOUSING CODE, 1988 EDITION, UNIFORM SIGN CODE, 1988 EDITION, UNIFORM ADMINISTRATIVE CODE, 1988 EDITION, UNIFORM BUILDING SECURITY CODE, 1988 EDITION, UNIFORM MECHANICAL CODE, 1988 EDITION, UNIFORM PLUMBING CODE, 1988 EDITION, UNIFORM SWIMMING POOL SPA AND HOT TUB CODE, 1988 EDITION, NATIONAL ELECTRICAL CODE, 1987 EDITION, STRUCTURAL WELDING CODE, 1988 EDITION, AND AMENDMENTS THEREON. (32) REQUEST TO REDUCE PURCHASE PRICE OF KELLOGG LIBRARY - ELIJAH SINGLETARY - CONTINUED FROM MARCH 20, 1989 This is the time and place continued to for consideration of a request by Elijah Singletary to reduce the purchase price of Kellogg Library. (33) In a memorandum dated March 16, 1989, Phil Arvizo, Executive Assistant to the Council, provided background on Mr. Singletary's request to reduce the purchase price of Kellogg Library. Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the request to reduce the purchase price of Kellogg Library be tabled. VACATION OF A PORTION OF ESPERANZA STREET, BETWEEN RIGHT-OF-WAY OF 1-215 AND "H" STREET - ADOPTION OF NEGATIVE DECLARATION - FINDING OF CONSISTENCY WITH THE CIRCULATION ELEMENT OF THE GENERAL PLAN - CONTINUED FROM JUNE 19, 1989 This is the time and place continued to for discussion on the adoption of a Negative Declaration and Finding of Consistency with the Circulation element of the General Plan relative to the vacation of a 145 foot portion of Esperanza Street, located between the right-of-way of 1-215 and "H" Street. (34) . In a memorandum dated June 5, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that the Negative Declaration for Public Works Project No. 89-16 had been - 29 - 7/5/89 . . . T recommended for adoption by the Environmental Review Committee on May 4, 1989. A public review period was afforded and no comments were received. Attached to the memorandum was the Initial Study dated May 4, 1989, prepared by Ras Cannady, Planning Department. Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that the Negative Declaration for Public Works Project No. 89-16, vacation of a 145 foot portion of Esperanza Street, located between the right-of-way of 1-215 and "H' Street, be adopted. Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that a finding be made that the vacation of a 145 foot portion of Esperanza Street, located between the right-of-way of 1-215 and 'H" Street, is consistent with the Circulation Element of the General Plan. REPORT FROM GENERAL OBLIGATION BOND BLUE RIBBON COMMITTEE - CONTINUED FROM JUNE 19, 1989 This is the time and place continued to for a report from the General Obligation Bond Blue Ribbon Committee. (35) In a report dated May 1, 1989, Edward S. Wheeler, Jr., Chairman of the General Obligation Bond Blue Ribbon Committee, presented the recommendations of the Committee. The report suggested that a general obligation bond issue in the amount of $32,690,000 be placed on the November, 1989, ballot, for the following proposals: 1. Police facilities - $20,000,000 2. Transportation improvements - $8,560,000 3. Park improvements and facilities - $4,130,000 Mayor Holcomb stated he was ve:.r much in favor of the projects which the proposed Bond ~ssue would provide, but questioned whether or not the required 2/3 voters would approve the measure which would cost the average household approximately $130 per year. He suggested that the City try to get input to anticipate public reaction to the measure. It is expected that there will be a 1/2 sales tax increase and a State gas tax increase on the November ballot. City Clerk Clark answered questions regarding the schedule for getting a measure on the November ballot, stating that according to the Registrar of Voters' calendar, the last day would be July 10, 1989. Under the Elections Code there is a legal deadline which does take place in August. However, the Registrar of Voters imposes an administrative deadline and it is their choice if a measure is placed on the ballot or not. Fred Wilson, Assistant to the City Administrator, answered questions, stating that the bond counsel would require two weeks to prepare the documents. - 30 - 7/5/89 . . . If > City Clerk Clark pointed out that from any other type of election and counsel prepare the documents. A discussion ensued, and it was suggested that a sampling be taken to determine how the general public feels about this issue before a decision is reached. a bond issue is different it is required that bond Council Member Maudsley made a motion, seconded by Council Member Miller and unanimously carried, to authorize the City Administrator to spend up to $5,000 to conduct a phone poll concerning the feasibility of putting the General Obligation Bond measure on the November, 1989, ballot. Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the General Obligation Bond issue be continued to 4:00 p.m., Monday, July 10, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. AUTHORIZE POSTING OF SPEED RESTRICTION SIGNS - 25 M.P.H. ON PIEDMONT DRIVE BETWEEN PALM AVENUE AND SEINE AVENUE In a memorandum dated June 26, 1989, City explained that a request to establish a 25 miles limit on Piedmont Drive and to post signs has been adjoining residents. Attorney Penman per hour speed received from (36) Mr. Penman further explained in his memorandum that a traffic study determined that the critical speed on Piedmont Drive is between 35 and 40 miles per hour. Based on the data developed by the study, staff recommended that a 35 mile per hour speed limit be established on Piedmont between Palm Avenue and Seine Avenue. An ordinance establishing a 35 m.p.h. was considered by the Council on June 19, 1989, but not adopted. Mr. Penman stated that Piedmont Street, under Sections 22352 and 21357 of the Vehicle Code, is automatically 25 m.p.h. and the Council may direct Engineering to post the area. However, it cannot be enforced by radar, as the speed limit is not based on a traffic study, but may be enforced by other means. Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that the Director of Public works7Engineering be directed to have Piedmont Drive between Palm Avenue and Seine Avenue posted with speed restriction signs of 25 m.p.h. AUTHORIZATION TO PURCHASE THREE NEW STREET SWEEPERS - NIXON-EGLI EQUIPMENT COMPANY In a memorandum dated June 22, 1989, Manuel P. Director of Public Services, stated that the fiscal budget for the Refuse Division includes Moreno, Jr. year 1989/90 $72,000 for - 31 - 7/5/89 ~ ~-~ . lease/purchase financing for three street coordinated by the purchasing Agent and and Council for approval at a later date. sweepers, which will be submitted to the Mayor (37) Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that the least/purchase of three new street sweepers be authorized from Nixon-Egli Equipment Company, utilizing the previous low bid, and that the City Attorney be directed to prepare the necessary resolution awarding the contract. AUTHORIZATION TO PURCHASE FOUR NEW REFUSE TRUCKS - HAAKER EQUIPMENT COMPANY In a memorandum dated June 27, 1989, Manuel P. Moreno, Jr. Director of Public Services, stated that the fiscal year 1989/90 budget for the Refuse Division includes approximately $160,000 for lease/purchase financing for the refuse trucks, which will be coordinated by the Purchasing Agent and submitted to the Mayor and Council for approval at a later date. (38) Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that the lease/purchase of four new refuse trucks be authorized from Haaker Equipment Company, using the previous low bid, and that the City Attorney be directed to prepare the necessary resolution awarding the contract. . IMPLEMENTATION OF EXPANDED VEHICLE ABATEMENT PROGRAM (VAP) In a memorandum dated June 29, 1989, City Administrator Julian stated that the abatement of abandoned vehicles citywide by Public Buildings will require additional personnel and vehicles. He referred to a memorandum dated June 13, 1989, from Wayne Overstreet, Superintendent of Public Buildings/Parking Control, who outlined the expanded vehicle abatement program. (S-l) . Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the Board of Building Commissioners be requested to hear appeals from owners of abandoned vehicles whose vehicles are abated as part of the VAP; and that the $20,000 in CDBG funds allocated to the Police Department for the abatement of abandoned vehicles be made available through Finance, to offset the costs incurred by Public Buildings in abating and removing abandoned vehicles. Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the City Attorney be requested to review the ordinances/resolutions governing the abatement of vehicles on public and private property, in light of the proposed expanded program and prepare and/or modify such regulations as may be necessary to be enacted. Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the bail schedule of - 32 - 7/5/89 ~ . the City fine/bail abate the of San Bernardino establish in the event the owner of an nuisance within the allotted the sum of $100.00 as the abandoned vehicle fails to time. City Attorney Penman stated that the court will have to approve that provision. ORDINANCE AMENDING MUNICIPAL CODE SECTION 14.08.110 TO INCREASE FRANCHISE FEE TO FIVE PERCENT AND TO PROVIDE FOR THE VERIFICATION OF FRANCHISE FEES BY THE GRANTOR, THE CITY'S AUTHORITY TO AUDIT, INTEREST ON DELINQUENT PAYMENTS, PASS THROUGH OF FRANCHISE FEES TO SUBSCRIBERS, AND MEANS TO CHANGE FRANCHISE FEES. FIRST (S-2) City Clerk Clark read the title of the ordinance. City Attorney Penman explained the Community Cable Television Commission's recommendation to increase the franchise fee collected from local cable operators from 3% (in some cases 4%) to 5% and to conduct audits as provided in a previous ordinance. He stated that the cable companies do not want their books audited, but the City Attorney's Office is prepared to take them to court to require the audits as provided by law. . Mayor Association taken. Holcomb suggested the of Cable Operators in City contact the Washington before National action is Council Member Maudsley made a motion, seconded by Council Member Miller and unanimously carried, that further reading of the ordinance be waived and said ordinance be laid over for final passage. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member pope-Ludlam left the Council Meeting. READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of all the resolutions on the Supplemental Agenda. . Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that further reading of the following resolutions be waived and said resolutions be adopted. RES. 89-242 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREE- MENT BETWEEN THE CITY OF SAN BERNARDINO SENIOR COMPANION PROGRAM AND THE OFFICE ON AGING, SENIOR HOME AND HEALTH CARE, SAN BERNARDINO COUNTY, FOR THE PURPOSE OF PROVIDING COMPANIONSHIP AND PERSONAL SER- VICES TO CLIENTS ENROLLED IN THE CALIFORNIA MULTI- PURPOSE SENIOR SERVICES PROGRAM. (S-3) - 33 - 7/5/89 . . . ~ RES. 89-243 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND THE 12 POINT AMENDMENT TO FOOD SERVICE AGREEMENT SUMMER FOOD SERVICE AGREEMENTS SUMMER FOOD SERVICE PROGRAM, ATTACHED AS ATTACHMENT 2 OF THE AGREEMENT, WITH THE SAN BERNARDINO UNIFIED SCHOOL DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES TO CITY'S SUMMER LUNCH SITES. (S-4) RES. 89-244 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE EAST VALLEY REGIONAL COUNCIL ON AGING, SAN BERNARDINO COUNTY, FOR THE PURPOSE OF PROVIDING COMPANIONSHIP AND PERSONAL SERVICES TO CLIENTS IN THE EAST VALLEY SERVICE AREA BY THE CITY OF SAN BERNARDINO SENIOR COMPANION PROGRAM. (S-5) Resolution Nos. 89-242, 89-243, 89-244 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Miller. Noes: None. Absent: Council Members Minor, Pope-Ludlam. COUNCIL MEMBER Council Member and took her place POPE-LUDLAM RETURNED pope-Ludlam returned at the Council Table. to the Council Meeting RISK MANAGEMENT DIVISION - WORKERS' COMPENSATION SERVICE - INITIATE PROCESS TO EMPLOY CONSULTANT In a memorandum dated June 29, 1989, City Administrator Julian explained that the City had been advised, based on an operations audit by the State, that the Workers' Compensation self-insurance program is not acceptable and that a major overhaul will be necessary if the City wishes to continue to administer the program. (S-6) Mr. Julian further explained in his memorandum that it is necessary that the City proceed immediately to certify staff personnel and to correct the deficiencies in several of the files. Staff has discussed the matter and concluded that the most effective manner in solving this situation is to employ a qualified consultant. Mr. Julian explained the problems that had occurred in the Workers' Compensation Program, and stated that all the details of hiring the Consultant had not been settled, but this action would give them authority to go ahead and work out an arrangement that would be acceptable. City Attorney Penman stated that two years ago he had given a legal opinion that indicated that because of the Charter requirements, his office should be involved and kept informed of legal matters pertaining to the Risk Management Division, because the City Attorney's Office defends any actions against the City - 34 - 7/5/89 . . . . " in compensation matters. He explained that his office had not been advised in advance that there would be an audit, nor were they informed of the results of the audit. Had they been informed of this action, it would have been simple to have prevented this letter from being issued. Mr. Julian answered questions regarding interviews for the position. Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that the concept of entering into consultant contract for the purpose of training workers' compensation personnel in Risk Management and making needed corrections to workers' compensation files be approved, and that the City Attorney prepare a contract governing the duties of the consultant for approval and execution by the Mayor and Common Council, with the compensation to be paid said consultant to be decided at the time the contract is executed. MAYOR HOLCOMB EXCUSED At 5:35 p.m., Mayor Holcomb left the Council Meeting. RECESS MEETING - CLOSED SESSION At 5:35 p.m., Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the meeting be recessed to a Closed Session for the following: To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(b)(1), as there is significant exposure to litigation; (44) To confer with its attorney regarding pending litigation pursuant to Government Code Section 549565.9(c), so that Council may decide whether to initiate litigation; (45) To consider personnel matters pursuant Section 54957; to Government Code (46) Pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally to which the City is a party as follows: (47 & S-7) City of San Bernardino vs. California Construction Manaqement, 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 San Bernardino vs. San Bernardino Baseball Club, Inc. San Bernardino Superior Court Case No. 239193; - 35 - 7/5/89 . . . T Stubblefield Bernardino, et 232998; Construction Company, et al vs. City of al - San Bernaraino Superior Court Case San No. 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. San Bernardino - San Bernardino Superior Court Case No. Barratt, Inc., vs. City of San Bernardino - San Bernardino Superior Court Case No. 242433; Reynolds vs. City of San Bernardino - San Bernardino Superior Court Case No. 248752; Walker, Ruby vs. City of San Bernardino - San Bernardino Superior Court Case No. 237618; Adkins vs. City of San Bernardino - San Bernardino Municipal Court Case No. 109709; Dudley Brewster, et al vs. Southern Pacific Railroad, et al - San Bernardino Superior Court Case No. 249736; Pedersen vs. City of San Bernardino - San Bernardino Superior Court Case No. 233830. Workers' Compensation Claims Jess Negrette - 86 SBR 123277-8 Robert Reynolds - 88 SBR 149105-7 Lonnie Turner - 82 SBR 854037 Terry Wood - 88 SBR 140773-5 Sawyer vs. City of San Bernardino - San Bernardino Superior Court Case No. 222980; Hernandez, et al vs. Munoz, et al - San Bernardino Superior Court Case No. 233734. CLOSED SESSION At 5:35 p.m., the Closed Session was called to order in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Pro Tempore Flores; Council Members Estrada, Reilly, Mayor Flores, - 36 - 7/5/89 . . . Maudsley, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Council Member Minor. Also present: Sr. Assistant City Attorney Barlow; Assistant City Attorney Brue; Deputy City Attorneys Wilson and Dewey; Art Schubert, Director of Risk Management; and Peter Brierty, Division Manager, Hazardous Materials Management Division, San Bernardino County. MR. BRIERTY EXCUSED Mr. Brierty left the Closed Session. STEVE DUKETT AND JOHN HOEGER ARRIVED Steve Dukett, Executive Director, Redevelopment Agency, and John Hoeger, Development Specialist, Redevelopment Agency, arrived at the Closed Session. COUNCIL MEMBER POPE-LUDLUM EXCUSED Council Member Pope-Ludlam left the Closed Session. MR. SCHUBERT EXCUSED Art Schubert, Director of Risk Management left the Closed Session. DEPUTY CITY ATTORNEY WILSON EXCUSED Deputy City Attorney Wilson left the Closed Session. ADJOURN CLOSED SESSION At 7:00 p.m., the Closed Session was adjourned to Adjourned Regular Meeting of the Mayor and Common Council in Council Chambers of City Hall, 300 North "D" Street, Bernardino, California. the the San RECONVENE MEETING At 7:00 p.m., the Adjourned Regular Meeting reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Pro Tempore Flores; Council Members Estrada, Reilly, Flores, Maudsley, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Council Members Minor; Pope-Ludlam. DUFFY STREET AREA - CONDITIONS FOR REOCCUPATION Mayor Pro Tempore Flores made the following statement: That the police not allow the designated Duffy Area to be reoccupied until the contaminated gas area has been cleaned and replaced with clean dirt. - 37 - 7/5/89 . . . ADJOURNMENT At 7:05 p.m., Flores made a motion, seconded Member Miller and unanimously carried, that the adjourned to 4:00 p.m., Monday, July 10, 1989, in Chambers of City Hall, 300 North "0" Street, San California. SHAUNA CLARK City Clerk by Council meeting be the Council Bernardino, By tP~ ~~~ Deputy Ci y C er No. of Items: 61 No. of Hours: 9 - 38 - 7/5/89