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HomeMy WebLinkAbout08-21-1989 Minutes . . . City of San Bernardino, California August 21, 1989 The Regular Meeting of the Mayor and Common Council of the Ci ty of San Bernardino was called to order by Mayor Holcomb at 8:30 a.m., on Monday, August 21, 1989, 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 Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Miller; Deputy City Attorney Roth, City Clerk Clark, Absent: Council Members Estrada, Pope-Ludlam; City Administrator Julian. INVOCATION The Invocation was given by Monsignor John Bradley of St. Bernardine's Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Miller. RECESS MEETING - CLOSED SESSION At 8:35 a.m., Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the meeting be recessed to Closed Session for the following: litigation as there is ( 1) To confer with its attorney regarding pending pursuant to Government Code Section 54956.9(b)(1), significant exposure to litigation; To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9 (c), so that Council may decide whether to initiate litigation; (2) To consider personnel matters pursuant Section 54957; to Government Code (3) To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956 . 9 (a) which has been initiated formally to which the City is a party as follows: (4) Citv of San Bernardino vs. California Construction Manaaement. Inc.. et al - San Bernardino Superior Court Case No. 238755; Saldecke. et al vs. Citv 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; Citv of San Bernardino vs. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239193; 1 8/21/89 . . . ,: Stubblefield Bernardino. et 232998; Construction Companv. al San Bernardino et al vs. Citv of Superior Court Case San No. Juan Manuel Sanchez vs. City of San Bernardino - United States District Court Case No. CV87-229l AWT (Bx); Charles H. Brown vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 243087; Sock Dawson. et al vs. Citv of San Bernardino. et al - United States District Court - Case No. SA 88-461 AHS (RWRx); Barron/Alcarez vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 241692; Barratt. Inc.. vs. Ci tv of San Bernardino - San Bernardino Superior Court Case No. 242433; Revnolds vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 248752; Dudlev Brewster. et al vs. Southern Pacific Railroad. et al- San Bernardino Superior Court Case No. 249736; City of San Bernardino vs. Patel - San Bernardino Superior Court Case No. 250473; Save San Bernardino vs. Citv of San Bernardino San Bernardino Superior Court Case No. 250425; Henry Harris vs. Citv of San Bernardino. et al - United States District Court Case No. CV-87-04882 JSL (Gx); Arriaaa vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 247466; Citv of Conservation 231481. San Bernardino vs. San Bernardino Vallev Water District - San Bernardino Superior Court Case No. CLOSED SESSION At 8:35 a.m., the Closed Session was called to order by Mayor Holcomb 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 Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Miller; Deputy City Attorney Roth, City Clerk Clark. Absent: Council Members Estrada, Pope-Ludlam; City Administrator Julian. 2 8/21/89 . . . Also present were: Assistant City Attorney Brue, Jess Arias of McLachlan, Burford and Arias. COUNCIL MEMBER POPE-LUDLAM ARRIVED At 8:37 a.m., Council Member Pope-Ludlam arrived at the Closed Session. CITY ADMINISTRATOR JULIAN ARRIVED At 8:45 a.m., City Administrator Julian arrived at the Closed Session. ATTORNEY JOEL MOSCOWITZ At 9:00 a.m., Joel Department, arrived at the ARRIVED Moscowitz, attorney Closed Session. Water for the CITY ATTORNEY PENMAN ARRIVED At 9:10 a.m., City Attorney Penman arrived at the Closed Session. ADJOURN CLOSED SESSION At 9:30 a.m., the Closed Session was adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. READING OF THE RESOLUTIONS City Clerk Clark read the titles of the resolutions on the Council Regular and Supplemental Agendas. RECONVENE MEETING At 9:30 a.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Ludlam, Miller; City Attorney Penman, City Clerk Clark, Administrator Julian. Absent: Council Member Estrada. Mayor Pope- City PRESENTATIONS Lorraine Velarde, Executive Assistant to the Mayor, presented a Resolution of the Mayor of the City of San Bernardino to Ms. Guadalupe Quintanilla, Assistant Vice President of Academic Affairs, University of Houston, for her Cross Cultural Communications booklet. Copies of the booklet were given the Mayor and Council Members. (B) San Bernardino County Sheriff Floyd Tidwell was present to support the program. 3 8/21/89 . . . WEST 25TH STREET - BETWEEN "E" STREET AND ARROWHEAD AVENUE - AUTHORIZE DESIGNATION AS AN HISTORICAL SITE In a memorandum dated August 9, 1989, Thelma Press, Director of Cultural and International Affairs, requested that the area of West 25th Street between "E" Street and Arrowhead Avenue be designated an historical site. The two-block exceptionally wide street area includes approximately thirty homes, the majority of which were built during the early 1900' s and are of Spanish or Early California Styles. A petition carrying the signatures of 41 residents of this street who request its historical designation was attached. (13) Thelma Press, Director of Cultural and International Affairs, briefed the Council on the history and background of the homes in this area. She introduced Ms. Jeannie Jones and Mrs. McNamara, who have been researching the history of these homes. Ms. Jones requested that, on behalf of the residents of 25th Street, the Council designate this area as an historical site. Council Member Miller made a motion, seconded by Council Member Minor and unanimously carried, that the area of West 25th Street between "E" Street and Arrowhead Avenue be designated an historical site. RECESS MEETING - DEDICATION OF WATER TREATMENT FACILITY At 9:45 a.m., Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the Regular Meeting of the Mayor and Common Council of the City of San Bernardino recess to attend a dedication ceremony of the new Waterman Water Treatment Facility. RECONVENE MEETING At 10:55 a.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino 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 Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Pope- Ludlam, Miller; Senior Assistant City Attorney Barlow, Deputy City Clerk Medina, City Administrator Julian. Absent: Council Member Estrada. APPROVAL OF COUNCIL MINUTES - MAY 22, 1989 - JUNE 19, 1989 Council Member Flores 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 22, 1989, and June 19, 1989, be approved as submitted in typewritten form. (5) 4 8/21/89 . WAYS AND MEANS COMMITTEE REPORT - AUGUST 14, 1989 Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the report from the Ways and Means Committee meeting held on August 14, 1989, be received and filed. The following topics were discussed: (6) a. Report on cultural fees; b. Proposed increase in medical transportation rates; c. Senior citizens rate for refuse pick-up. AMBULANCE RATE INCREASE - COURTESY SERVICES In a memorandum dated August 15, 1989, Marshall Julian, City Administrator, stated that the Bureau of Franchises recommended the approval of the request of Courtesy Ambulance Services for medical transportation rate increases as outlined in a memorandum dated August 11, 1989, from Business License Supervisor Gagnon. The ways and Means Committee reviewed the proposed rate increases and also recommended their adoption. (7) Council Member Flores made a motion, seconded by Council Member Mauds1ey and unanimously carried, that a public hearing be scheduled for September 6, 1989, at 10:00 a.m., for the purpose of discussing the proposed increase in medical transportation rates; that the City Clerk be authorized to publish notice of a public hearing in the San Bernardino Sun newspaper; and that the City Attorney be directed to prepare a resolution incorporating the rates recommended by the ways and Means Committee for consideration following the close of the public hearing. . BINGO - REQUEST FROM KNIGHTS OF COLUMBUS TO INCREASE THE BINGO SESSIONS PER WEEK In a memorandum dated August 8, 1989, Marshall Julian, City Administrator, stated that a request has been received from the Knights of Columbus to increase their bingo session from two per week to three per week and to raise the per session prize limit to $10,000. (9) Approval of this request would necessitate a change in the San Bernardino Municipal Code. Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the request of the Knights of Columbus to increase bingo sessions from two per week to three per week and raising the per session prize limit to $10,000, be referred to the Legislative Review Committee. CITY CLERK CLARK RETURNED City Clerk Clark returned to the Council Meeting. . GROWTH MANAGEMENT TASK FORCE - AUTHORIZE THE APPOINTMENT BY THE CITY ADMINISTRATOR In a staff report dated August 2, 1989, James Richardson, Deputy City Administrator/Development Services, reported that the Legislative Review Committee recommended the formation of a 5 8/21/89 . . . Growth Management Task Force composed of City staff who would make periodic reports to the Legislative Review Committee. Formation of this task force would demonstrate a commitment to a growth management policy without burdening staff with a new priority that could jeopardize General plan implementation measures, as well as other City priorities. (11) Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the City Administrator appoint a Growth Management Task Force to formulate and report on a growth management policy for review by the Legislative Review Committee. URBAN FOREST PROGRAM - APPROVAL OF IMPLEMENTATION - REPEAL OF MORATORIUM ON STREET TREE PLANTING In a staff report dated July 27, 1989, Mayor Holcomb requested approval, in principal, of the implementation of the Urban Forest Program for San Bernardino. He stated that he had the opportunity to observe the Urban Forest Program in the City of Charleston and that this is a very successful and popular program that could easily be replicated here. The program was reviewed by Annie Ramos, Director of Parks, Recreation and Community Services, who agreed that the program is effective. (14) In a memorandum dated July 7, 1989, to Mayor Holcomb, Annie Ramos, Director of Parks, Recreation and Community Services, stated that a tree planting moratorium was implemented by the Council in 1984. In order to implement the new Urban Forest Program, the moratorium would need to be repealed. Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, to approve, in principal, the implementation of the Urban Forest Program in San Bernardino, and to repeal the moratorium on street tree planting. (Urgency resolution was adopted later in the meeting - See Page 21) LA PLAZA PARK MONUMENT SIGN APPROVAL - FIRST WARD PARK EXTENSION FUNDS In a memorandum dated August 4, 1989, Annie Ramos, Director of Parks, Recreation & Community Services, requested approval of $5,200 from the First Ward Park Extension funds for the construction and installation of a monument sign for La Plaza Park. This park located at 6th Street and Mt. Vernon Avenue gets heavy public use by the surrounding neighborhoods. It has also been utilized in the past for Cinco De Mayo celebrations, drawing several thousand participants. Due to its location on a major thoroughfare, the park is viewed daily by thousands of motorists. (15) 6 8/21/89 . Council Member Flores made Member Maudsley and unanimously $5,200 from the First Ward construction and installation of be approved. a motion, seconded by Council carried, that the expenditure of Park Extension Fund for the a monument sign for La Plaza Park ANNE SHIRRELLS PARK ADJACENT PROPERTY - AUTHORIZATION TO SEEK APPRAISAL OF PROPERTY In a memorandum dated August 3, 1989, Annie Ramos, Director of Parks, Recreation and Community Services, reported that the Department received a Community Development Block Grant of $189,000 for the next phase of property acquisition for the continued development of Anne Shirrells Park. The next property to be purchased is a 7,500 square foot lot located adjacent to the southeast corner of the park. The last appraisal of the property was completed in 1984. Therefore, it is recommended that a new appraisal be acquired at this time in order to make an appropriate purchase offer. ( 16) Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the Real Property Section of Public works Department be authorized and directed to acquire an appraisal of property located adjacent to the southeast corner of Anne Shirrells Park. . CITY SEWER SYSTEM - SOUTH SIDE OF MEYERS ROAD 5,600 FEET WESTERLY OF LITTLE LEAGUE DRIVE - WAIVER OF REQUIREMENT TO CONNECT - COMMONWEALTH EQUITY CORPORATION In a memorandum dated August 8, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that a request has been received from Commonwealth Equity Corporation for a waiver of the requirement for APN 348-101-10 to connect to the City sewer system. The parcel consists of 13.75 acres and is located on the south side of Meyers Road, about two miles from the City sewer system. (18) Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the request from Commonwealth Equity Corporation for a waiver of the requirement to connect to the City sewer system for APN 348-101-10, located on the south side of Meyers Road, approximately 5,600 feet westerly of Little League Drive, be approved. CITY SEWER SYSTEM - 4351 WEST MEYERS ROAD -WAIVER OF REQUIREMENT TO CONNECT - ROBERT CARRILLO In a memorandum dated August 2, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that a request has been received from Mr. Robert Carrillo for a waiver of the requirement for 4351 West Meyers Road to connect to the City sewer system. The parcel consists of five acres located about two miles from the City sewer system. (19) . 7 8/21/89 . . . Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the request from Mr. Robert Carrillo, for a waiver of the requirement to connect to the City sewer system for 4351 West Meyers Road, be approved. SEWER LINES - JEFFERSON AVENUE & HAZEL AVENUE, BETWEEN "I" AND "J" STREETS - NEGATIVE DECLARATION, FINDING OF CONSISTENCY WITH THE UTILITIES ELEMENT OF THE GENERAL PLAN In a memorandum dated July 26, 1989, Roger Hardgrave, Director of Public works/City Engineer, stated that the Negative Declaration for Public Works Project No. 89-25, sewer line installation in Jefferson and Hazel Avenues, was recommended for adoption by the Environmental Review Committee. A 14-day public review period was afforded and no comments were received. (20) Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the Negative Declaration for Public Works Project No. 89-25, installation of sewer lines in Jefferson Avenue and Hazel Avenue, between "I" Street and "J" Street, be adopted; and that a finding be made that the installation of these sewer lines is consistent with the Utilities Element of the General Plan. ALLEY VACATION - TWO ALLEYS BETWEEN MASSACHUSETTS AND GARNER AVENUES, BETWEEN 15TH AND 16TH STREETS - NEGATIVE DECLARATION, FINDING OF CONSISTENCY WITH THE CIRCULATION ELEMENT OF THE GENERAL PLAN In a memorandum dated July 26, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that the Negative Declaration for Public Works Project No. 89-21, the vacation of two alleys located between Massachusetts and Garner Avenues, and between 15th and 16th Streets, was recommended for adoption by the Environmental Review Committee. A 14-day public review period was afforded and no comments were received. (21) Council Member Flores, made a motion, seconded by Council Member Mauds1ey, and unanimously carried, that the Negative Declaration for Public Works Project No. 89-21, vacation of two east/west alleys between Massachusetts and Garner Avenues and between 15th and 16th Streets, be adopted; and that a finding be made that the vacation of these alleys is consistent with the Utilities Element of the General Plan. SEWER LINES - NEWMARK & ELECTRIC AVENUES, BETWEEN 38TH, 39TH & 40TH STREETS - NEGATIVE DECLARATION, FINDING OF CONSISTENCY WITH THE UTILITIES ELEMENT OF THE GENERAL PLAN In a memorandum dated July 26, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that the Negative Declaration for Public Works Project No. 89-26, the installation of sewer lines in Newmark and Electric Avenues, was recommended for adoption by the Environmental Review Committee. A 14-day public review period was afforded and no comments were received. (22) 8 8/21/89 . . . Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the Negative Declaration for Public Works Project No. 89-26, installation of sewer lines in Newmark Avenue between 38th Street, 39th Street and 40th Street, be adopted; and that a finding be made that the installation of these sewer lines is consistent with the Utilities Element of the General Plan. PERRIS HILL PARK IMPROVEMENTS - APPROVAL OF PLANS - AUTHORIZATION TO ADVERTISE FOR BIDS In a staff report dated August 7, 1989, Roger Hardgrave, Director of Public Works/City Engineer, reported that plans for the construction of a concrete block restroom building, new electrical service, drinking fountains and sidewalk in perris Hill Park have been prepared by the Engineering Division, and the project is ready to be advertised for bids. The total project cost estimate is $245,000. (23) Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the plans for construction of various improvements in Perris Hill Park, in accordance with Plan No. 7556, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. CLAIMS AND PAYROLL Pursuant to a memorandum dated August 14, 1989, from Andrew Green, Director of Finance, Council Member Flores 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. (24) PERSONNEL ACTIONS Pursuant to a memorandum dated August 10, 1989, from Roger C. DeFratis, Civil Service Chief Examiner, Council Member Flores made a motion, seconded by Council Member Maudsley 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. (25) Council Member Flores made a Member Maudsley and unanimously resolutions be adopted: motion, carried, seconded by Council that the following RES. 89-318 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CONVENTION AND VISITORS BUREAU WHERE THE CITY SHALL PROVIDE THE BUREAU THE SUM OF $100,000 OVER THE TERM OF THIS AGREEMENT. (26) 9 8/21/89 . RES. 89-319 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND THE SAN BERNARDINO COMMUNITY AGAINST DRUGS WHERE THE CITY SHALL PROVIDE THE SAN BERNARDINO COMMUNITY AGAINST DRUGS THE SUM OF $44,500 FOR FISCAL YEAR 1989-90 FUNDING. (27) RES. 89-320 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE HIGHLAND SENIOR CENTER, HIGHLAND DISTRICT COUNCIL ON AGING, INC. , RELATING TO A NUTRITION FOR SENIORS PROGRAM. (29) RES. 89-321 - 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 ADDING ONE ACCOUNTING TECHNICIAN POSITION; AND DELETING 1 ACCOUNT CLERK III POSITION IN THE FINANCE DEPARTMENT. (31) . RES. 89-322 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED IN PART "A RESOLUTION... PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF. . ." TO ESTABLISH A NO PARKING ANY TIME ZONE ON LITTLE MOUNTAIN DRIVE, BETWEEN TWENTY- SEVENTH STREET AND A POINT 1465 FEET NORTH OF TWENTY-SEVENTH STREET, APPLICABLE TO THE WEST SIDE ONLY; LITTLE MOUNTAIN DRIVE, BETWEEN FORTY-EIGHTH STREET AND NORTHPARK BOULEVARD. (32) . RES. 89-323 - A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED SECURITY AND MAINTENANCE IN THE AREA OF HIGHLAND AVENUE AND ARDEN AVENUE, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID SECURITY AND MAINTENANCE KNOWN AS ASSESSMENT DISTRICT NO. 990, ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY. (33) RES. 89-324 - 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. (579 N. Cabrera Street - Case No. 89 VAP-215-05) (35) 10 8/21/89 . RES. 89-325 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL, CITY OF SAN BERNARDINO, APPROVING A REQUEST FOR A 25' WIDE TRANSMISSION LINE EASEMENT FROM SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, LYING WITHIN CITY OWNED PROPERTY AT THE WASTEWATER TREATMENT PLANT. (36) RES. 89-326 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL, CITY OF SAN BERNARDINO, GRANTING A 25' ROAD EASEMENT TO THE CITY OF RIVERSIDE, A MUNICIPAL CORPORATION WITHIN CITY OWNED PROPERTY AT THE WASTEWATER TREATMENT PLANT. (37) Resolution Nos. 89-318, 89-319, 89-320, 89-321, 89-322, 89- 323, 89-324, 89-325 and 89-326 were adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Estrada. CENTRAL CITY FOUR THEATRES - GAMES OF AMUSEMENT APPLICATION APPROVAL - MARTHA HAGEMAN, GENERAL AMUSEMENT CORPORATION An application for a Business License dated May 10, 1989, was completed and submitted for approval by Martha Hageman of General Amusement Corporation in order to have video games at the Central City Four Theatres. (12) . In a memorandum dated June 14, 1989, Don Burnett, Chief of Police, recommended that application be approved. . City Administrator Julian answered questions concerning problems associated with video games, stating, that Sam Catalano of the Central City Mall notified him that he has no objections to the installation of these games. City Administrator Julian stated that the video machines are going to be set up inside the theatre so that only patrons of the theatre can use the games. Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that the Games of Amusement application submitted by General Amusement Corporation, for the placement of video games (not to exceed 5) at Central City 4 Theatres, be approved. READING AND WAIVING OF RESOLUTIONS Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that further reading of all the resolutions on the Regular and Supplemental Agendas be waived. 11 8/21/89 . RES. 89-327 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE CITY'S UTILIZATION OF THE SHERIFF'S INMATE/WEEKEND WORK PROGRAM. (30) A discussion ensued regarding the Sheriff's Inmate/Weekend program. Council Member Minor made a motion seconded by Council Member Flores, that said resolution be adopted. Resolution No. 89-327 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Estrada. RES. 89-328 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT WITH THE HENDERSON DEVELOPMENT COMPANY, INC. , RELATING TO INSTALLATION OF STREET IMPROVEMENTS ADJACENT TO THE PROPERTY BETWEEN NINTH STREET AND OLIVE STREET, AND WEST OF VALENCIA AVENUE. (34) Senior Assistant City Attorney answered questions regarding this resolution. . Council Member Reilly made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 89-328 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Estrada. TELECOMMUNICATIONS BUDGET - INCREASE IN REVENUE AND EXPENDITURES In a memorandum dated August 11, 1989, James Robbins, Deputy City Administrator, provided recommendations for the use of increased revenue due to the one percent increase in the cable telecommunications franchise fee adopted under Ordinance Mc-677 on July 17, 1989. (8) Dean Gray, Director of Telecommunications, answered questions regarding telecommunications and the availability of additional cable channels. Mayor Holcomb stated that additional equipment is needed to upgrade the telecommunications. He suggested obtaining the equipment on a lease purchase agreement, which would expedite upgrading the communications. . 12 8/21/89 . Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that 1) the franchise revenue accounts be increased to reflect an additional $153,125 in revenue, and 2) Fund 107, Department 105, Cable TV Administration budget of expenditures be adjusted as follows: Personal Services Equipment TOTAL $ 8,925 144.200 $153,125 UNREINFORCED MASONRY BUILDING SURVEY - STATE LEGISLATION SB-547 - AUTHORIZATION TO ADVERTISE FOR PROPOSALS In a staff report dated July 26, 1989, Larry Reed, Director of Building and Safety, requested authorization to advertise for proposals regarding a survey on unreinforced masonry buildings to provide necessary technical information for the City to comply with State Legislation SB-547. (10) Building and Safety Director Reed answered questions regarding the interim policy requirement of obtaining structural analysis before obtaining a building permit. Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly and unanimously carried, that the Director of Building and Safety be authorized to advertise for proposals to do an unreinforced masonry buildings survey. . POLICE DEPARTMENT - SIX ADDITIONAL DISPATCHER POSITIONS - ONE ADDITIONAL DISPATCH SUPERVISOR POSITION AND ONE POLICE RECORDS CLERK I POSITION In a memorandum dated, August 7, 1989, Chief of Police, provided information understaffing of Police Communications. Donald regarding J. Burnett, the severe (17 ) Captain Dan Robbins answered questions as to why the Personnel Committee did not review this request. He also answered questions regarding the possibility that the additional dispatch positions could result in a larger backlog of calls for police officers. A discussion ensued regarding the source of funding for additional personnel. Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that approval be given to create six additional Dispatcher positions, one additional Dispatch Supervisor position, and one Police Records Clerk I position, as submitted in the 1989/90 Budget, Expanded Program; and that the Director of Personnel be directed to prepare the necessary amendments to Resolution No. 6433. . RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AGREEMENT WITH SAN BERNARDINO BASEBALL CLUB, INC., REGARDING LEASE OF FISCALINI FIELD. (28) 13 8/21/89 . . . City Attorney Penman stated that negotiations are still progressing and requested that this item be continued. Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be continued to September 18, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. PROTEST HEARING - PROPOSED STREET VACATION PORTIONS OF MAIN STREET AND BROADWAY, BETWEEN "I" AND "J" STREET - CONTINUED FROM JULY 5, 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. (38) Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, to continue this protest hearing to this afternoon at 2:00 p.m. (See Page 22) ANNEXATION OF TERRITORY GENERALLY LOCATED SOUTH OF RIALTO AVENUE, WEST OF TIPPECANOE AVENUE - LAFCO 2541 This is the time and place set for a public hearing regarding the annexation of territory located south of Rialto Avenue, west of Tippecanoe Avenue, identified as LAFCO 2541. (39) In a memorandum dated July 25, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that on November 11, 1988, authorization was given to proceed with the proposed annexation of the area generally located south of Rialto Avenue, west of Tippecanoe Avenue, as a result of a petition received by the City from a property owner who represents 50 percent of the area proposed for annexation. Resolution No. 89-111 was adopted on April 17, 1989, making formal application to the Local Agency Formation Committee (LAFCO). In a letter dated August 15, 1989, Harold Miller, 22840 Calvert Street, Woodland Hills, CA 91367, opposed the annexation. In a letter received August 18, 1989, Phillip Gaston, 24811 E. Rialto Avenue, San Bernardino, also opposed the annexation. In a letter dated August 18, 1989, Salvatore LeBarbara, 24795 E. Rialto Avenue, San Bernardino, opposed the annexation. The Mayor opened the hearing. Steve Mason, 24755 E. Rialto Avenue, spoke on behalf of the property owners on Rialto Avenue, stating that the majority of them are against the annexation. He stated that there is only one person who is in a favor of the proposed annexation. Mr. Mason stated that he does not see the annexation as a benefit regarding police or fire help to the area. 14 8/21/89 . Phillip Gaston, 24811 E. Rialto, spoke in opposition to the proposed annexation, because he does not want to another layer of government. George and Muriel Johnson, 24753 E. Third Street at Rialto Avenue, answered questions regarding their opposition to the annexation, stating that their major concern is to be able to retain their pets. Salvatore LeBarbara, 24795 E. Rialto, is opposed to the annexation, as he has had problems with the private water company. Roger Hardgrave, Director of Public works/City Engineer, stated that he received a request from Jose Santano for annexation of the southerly 10 acres in the area. This request was presented and LAFCO recommended that the City enlarge the annexation area to the center line of Rialto Avenue to close in the gap and make a logical annexation boundary. Mayor Holcomb answered questions of Mr. Mason, stating that the boundary lines are set by LAFCO, which supervises annexations. City Attorney Penman stated that the annexation was made by the protests, which constituted less valuation of the proposed annexation the determination to approve property owners filing the than 50% of the assessed area. . Mr. Hardgrave stated that as of the morning of August 21, 1989, four letters of protest were received, which amounted to 12.13% of the assessed value. If the Johnson's reply is considered a protest, it will raise it to 21.34% of the assessed value. Council Member Reilly made a motion, seconded by Council Member Flores, that the public hearing to receive, consider and rule upon written protests in the matter of annexation of the territory generally located south of Rialto Avenue, west of Tippecanoe Avenue, designated LAFCO 2541, be closed. The motion carried by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, pope-Ludlam, Miller. Noes: Council Member Minor. Absent: Council Member Estrada. RES. 89-329 - A RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THAT LESS THAN FIFTY PERCENT PROTESTS HAVE BEEN FILED AND APPROVING ANNEXATION NO. 340 (LAFCO 2541) FOR THE TERRITORY GENERALLY LOCATED SOUTH OF RIALTO AVENUE, WEST OF TIPPECANOE AVENUE AND DETACHMENT FROM CSA 38, CSA 70 AND CSA SL-1. (39) Council Member Reilly made a motion, seconded by Council Member Flores, that said resolution be adopted. . 15 8/21/89 Resolution No. 89-329 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: Council Member Minor. Absent: Council Member Estrada. . Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the motion concerning the annexation of LAFCO 2541, be amended to include the following: for the purposes of this annexation, it is agreed that all existing animals owned by the residents in the area to be annexed, will be grandfathered into the City. PROTEST HEARING - ASSESSMENT DISTRICT NO. 991 - LANDSCAPE MAINTENANCE - VERDEMONT AVENUE AND OLIVE AVENUE This is the time and place set for a protest hearing regarding the proposed creation of Assessment District No. 991 for landscape maintenance in the Verdemont Avenue and Olive Avenue area. (40) In a memorandum dated July 27, 1989, Roger Hardgrave, Director of Public works/City Engineer, stated that the proposed Assessment District No. 991 is a result of a requirement of the subdivision and a request from the owner-developers of the verdemont and Olive area. . Council Member Minor made a motion, seconded by Council Member pope-Ludlam and unanimously carried, that the protests, if any, be overruled; that the hearing be closed, and find and determine that the public convenience and necessity require the proposed landscape maintenance in the Verdemont Avenue and Olive Avenue area, and that the Special Assessment, Investigation and Limitation Act of 1931 shall not apply (4/5ths roll call vote is required); that further reading of the following resolution be waived, and that said resolution be adopted: RES. 89-330 - A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED MAINTENANCE OF IMPROVEMENTS IN THE AREA OF VERDEMONT AVENUE AND OLIVE AVENUE, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 991, ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY. (40) Resolution No. 89-330 was adopted by the following Council Members Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Estrada. vote: Ayes: Pope-Ludlam, . 16 8/21/89 . COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - ADJOURNED REGULAR MEETING At 11:45 a.m., the Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order by Chairman Holcomb in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. JOINT POWERS FINANCING AUTHORITY In an agenda item dated August 17, 1989, Steven H. Dukett, Executive Director, Redevelopment Agency, requested authorization regarding the Joint Powers Financing Authority. (RS-2) James Iverson, Senior Vice President of Miller and Schroeder Financial Consultants, 505 Lomas Santa Fe Drive, Suite 100, Solano Beach, California, 92075, explained the purpose of the Joint Powers Financing Authority, which would consolidate ten outstanding bond issues into two bond issues. The JPFA is to consist of the existing Council Members. His firm will proceed with the refunding of a series of outstanding debts and proceed with putting the Collateralized Mortgage Obligation Bonds in place. City Clerk Clark read the titles of the resolutions on the Community Development Commission/Redevelopment Agency Supplemental and Regular Agendas. . RES. 89-331 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AUTHORIZING THE FORMATION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY, APPROVING THE FORM OF THAT CERTAIN JOINT EXERCISE OF POWERS AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO AND AUTHORIZING AND DIRECTING THE EXECUTION THEREOF. (RS-2A) Council Member Miller made a motion, seconded by Council Member pope-Ludlam and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. Resolution Ayes: Council Ludlam, Miller. No. 89-331 was adopted by the following vote: Members Reilly, Flores, Maudsley, Minor, Pope- Noes: None. Absent: Council Member Estrada. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that further reading of the following resolutions be waived and that said resolutions be adopted. . 17 8/21/89 . RES. 89-332 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AUTHORIZING THE BORROWING OF FUNDS FROM THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY IN THE AMOUNT OF NOT TO EXCEED $40,000,000, AUTHORIZING AND DIRECTING EXECUTION OF RELATED LOAN AGREEMENT, AMENDED AND RESTATED LOAN SERVICING AGREEMENT, ESCROW AGREEMENT AND CLOSING DOCUMENTS, AS REQUIRED (TAXABLE COLLATERALIZED MORTGAGE BONDS, 1989 SERIES A). (RS-2C) RES. 89-333 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE LEASE OF CERTAIN PREMISES FROM THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND AUTHORIZING AND DIRECTING EXECUTION OF RELATED LEASE AGREEMENT [PUBLIC FACILITIES LEASE REVENUE BONDS, 1989 SERIES A (CENTRAL CITY LIBRARY AND FIRE STATION)]. (RS-2F) Resolutions Nos. 89-332 and 89-333 were adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Estrada. . JPFA U - RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $40,000,000 PRINCIPAL AMOUNT OF TAXABLE COLLATERALIZED MORTGAGE BONDS (SERIES 1989-A), AUTHORIZING AND DIRECTING EXECUTION OF RELATED INDENTURE OF TRUST, LOAN AGREEMENT, AMENDED AND RESTATED LOAN SERVICING AGREEMENT AND PURCHASE CONTRACT AUTHORIZING SALE OF BONDS, APPROVING PRELIMINARY OFFICIAL STATEMENT AND OFFICIAL STATEMENT AND AUTHORIZING OFFICIAL ACTION. (RS-2E) JPFA #2 - RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $12,500,000 PRINCIPAL AMOUNT OF PUBLIC FACILITIES LEASE REVENUE BONDS, 1989 SERIES A (CENTRAL CITY LIBRARY AND FIRE STATION REFUNDINGS), AUTHORIZING AND DIRECTING EXECUTION OF RELATED INDENTURE OR TRUST, LOAN AGREEMENT AND PURCHASE CONTRACT, AUTHORIZING SALE OF BONDS, APPROVING PRELIMINARY OFFICIAL STATEMENT AND OFFICIAL STATEMENT AND RELATED CLOSING DOCUMENTS AND AUTHORIZING OFFICIAL ACTION. (RS-2H) . 18 8/21/89 . JPFA Jt3 - RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $17,000,000 PRINCIPAL AMOUNT OF TAX ALLOCATION BONDS, 1989 SERIES A (STATE COLLEGE PROJECT REFUNDINGS), AUTHORIZING AND DIRECTING EXECUTION OF RELATED INDENTURE OF TRUST, LOAN AGREEMENT AND PURCHASE CONTRACT, AUTHORIZING SALE OF BONDS, APPROVING PRELIMINARY OFFICIAL STATEMENT AND OFFICIAL STATEMENT AND RELATED CLOSING DOCUMENTS AND AUTHORIZING OFFICIAL ACTION. (RS-2J) Resolutions Nos. J-1, J-2 and J-3 were adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Estrada. TRAFFIC STUDY PROPOSAL - WATERMAN, NORTH OF 30TH HARRISON CANYON FREEWAY, NORTH OF CROSSTOWN FREEWAY - BOARD OF REALTORS PETITION In a memorandum dated August 14, 1989, Marshall Julian, City Administrator, presented a petition consisting of 42 names, requesting that action be taken to reduce the volume and speed of traffic on Waterman Avenue between 40th and the Crosstown Freeway in order to protect students of Golden Valley Jr. High and Parks ide Elementary Schools. (47) . In a letter dated July 5, 1989, Monte Snyder, President, San Bernardino Valley Board of Real tors, requested a transportation study regarding the proposed Harrison Canyon Freeway north of the Crosstown Freeway. Jim Lynas, 1160 E. Sonora Street, suggested that the speed limit be reduced to 35 MPH maximum limit on North Waterman from the freeway north to the Sierra Way intersection, with appropriate signs to give warning to truck drivers. He also suggested that the Council consider a universal 35 MPH traffic speed limitation throughout the City and that a pedestrian overpass be constructed for the children attending the elementary school nearby. It was noted that City Engineer Hardgrave contacted the State to request a speed limit change. The State replied that according to a survey conducted in 1987, there is not sufficient traffic to institute a 35 MPH limit. Mr. Hardgrave has now requested that the State conduct a new survey. The results of that survey have not been received. No formal action was taken. (See page 22) PUBLIC COMMENTS - THE SWORD A citizen identifying himself as the Anti-Christ Spiritual Leader of the House of Ying, also known as the Sword, appeared before the Council with a mask. He stated that the mask is to prevent a robbery, not to commit one. He spoke regarding time . allotted at Council Meetings for public comments. (A) 19 8/21/89 City Attorney Penman stated that under the Brown Act, public comments can be heard any time of the day. . The Sword requested an opportunity to give the Invocation at the next Council Meeting. URBAN FOREST PROGRAM - ADDITIONAL INFORMATION AND RESOLUTION - CONSIDERED EARLIER IN MEETING Mayor Holcomb read the title of the following resolution concerning the Urban Forest Program, which was approved in principal earlier in the meeting. (Resolution No. 89-334) (See Page 6) (14) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the resolution authorizing the submission of the application to the California Department of Forestry for a Urban Forestry Grant for trees to be planted along Waterman Avenue, north from 30th Street, be added to the Agenda as an emergency matter in order to meet the deadline for accepting applications established by the State. . RES. 89-334 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION FOR GRANT FUNDS FROM THE URBAN FORESTRY GRANT PROGRAM IN THE AMOUNT OF SIX THOUSAND EIGHT HUNDRED SIXTY TWO DOLLARS AND FORTY FOUR CENTS ($6,862.44) FOR THE PURPOSE OF PLANTING TWO HUNDRED AND FORTY NINE (249) DROUGHT AND SMOG TOLERANT STREET TREES. (14) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. Resolution Ayes: Council Ludlam, Miller. No. 89-334 was adopted by the following vote: Members Reilly, Flores, Maudsley, Minor, Pope- Noes: None. Absent: Council Member Estrada. PUBLIC COMMENTS - RANDOLPH REILLY - DUFFY STREET DISASTER Randolph Reilly, 2344 Duffy Street, San Bernardino, stated that he lives in the area where the Southern Pacific Train derailment and CalNev Pipe Line Explosion occurred. He spoke on behalf of the residents in the area, requesting that a cul-de- sac be constructed at the last house on the west end of Donald Street and at the south end of Duffy Street in order to eliminate the heavy traffic and traffic hazards in the area. (A) . FIVE-LEVEL PARKING STRUCTURE AGREEMENT - 235 INVESTMENTS, INC., - 360 SPACES In a memorandum dated August 11, 1989, Marshall Julian, City Administrator, provided background information regarding a possible breach of an agreement with 235 Investments, Inc., concerning 360 parking spaces in the five-level parking structure and construction of pedestrian walkways. (48) 20 8/21/89 . . . Donald Lew, 235 Investments, Inc., spoke regarding the agreement and suggested that the Council consider amending the agreement to set some specific time frames for the construction of the pedestrian bridge and walkways. City Administrator Julian recommended that this matter be continued to September 18, 1989, to allow adequate time for accurate drawings to be submitted for approval. A discussion ensued regarding inconsistencies surrounding the agreement and the fact that the property is in escrow. Council Member Minor made a motion, seconded by Council Member Mauds1ey and unanimously carried, that the City Administrator be directed to terminate the agreement with 235 Investments, Inc., pursuant to the terms of the agreement. RECESS MEETING At 12:45 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino recessed until 2:00 p.m. RECONVENE MEETING At 2:05 p.m., Mayor Holcomb called the Regular Meeting of the Mayor and Common Council of the City of San Bernardino to order in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Mauds1ey, Minor, Pope- Ludlam, Miller; City Attorney Penman, City Clerk Clark. Absent: Council Member Estrada; City Administrator Julian. APPEAL HEARING - PLANNING COMMISSION'S DENIAL OF VARIANCE NO. 89-3 - CONSTRUCTION OF PARKING LOT WITHOUT PAVING - FAIRWAY DRIVE & CAMINO REAL - M.P. RAMA, JHM INLAND EMPIRE, INC. - CONTINUED FROM JULY 5, 1989 This is the time and place continued to for an appeal hearing requested by Econo Lodge concerning the Planning Commission's denial of Variance No. 89-3 for the construction of a parking lot without paving located at the northwest corner of Fairway Drive and Camino Real. (50) Council Member Minor made a motion seconded by Council Member Pope-Ludlam and unanimously carried, that the appeal hearing concerning Variance No. 89-3 be continued to 2:00 p.m., Monday, October 16, 1989, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. 21 8/21/89 . APPEAL HEARING - CERTAIN CONDITIONS OF APPROVAL FOR PARCEL MAP 11421 - SIERRA WAY & CLUSTER STREET - GUADALUPE HOME - CONTINUED FROM JULY 17, 1989 This is the time and place continued to for an appeal hearing requested by Guadalupe Homes regarding certain conditions of approval for Parcel Map 11421 to divide a 3.64 acre site located at the southwest corner of Sierra Way and Cluster Street into two parcels. (51) CITY ADMINISTRATOR ARRIVED At 2:15 p.m., City Administrator Julian arrived at the Council Meeting. Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the appeal hearing concerning Parcel Map 11421 be continued to 2: 00 p. m., Monday, October 2, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. TRAFFIC STUDY PROPOSAL - WATERMAN AVENUE NORTH OF 30TH AND HARRISON CANYON FREEWAY, NORTH OF CROSSTOWN FREEWAY The Mayor and Common Council agreed to consider further information regarding a proposed traffic study of Waterman Avenue, north of 30th Street and the proposed Harrison Canyon Freeway, which was discussed earlier in the meeting. (47) (See Page 19) . Jim Smothers, 4994 Mariposa, San Bernardino, spoke regarding high speed traffic on Waterman Avenue. Larry Harris, 3184 Broadmoor, San Bernardino, suggested that traffic control officers be stationed in the Waterman Avenue area at the peak times of the day of 7:30 a.m., and 6:30 p.m. It was pointed out that a speed survey is being conducted on the Waterman Avenue area. No formal action was taken. PROTEST HEARING - PROPOSED STREET VACATION OF PORTIONS OF MAIN STREET AND BROADWAY STREET, BETWEEN "I" AND "J" STREETS - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to from earlier in the meeting for a protest hearing concerning the vacation of portions of Main and Broadway Streets, between "I" and "J" Streets. (38) (See Page 14) In a Director regarding memorandum dated August 15, 1989, Roger Hardgrave, of Public works/City Engineer, provided information protests filed concerning this street vacation. . 22 8/21/89 . . . Mayor Holcomb opened the hearing. Carl Oldenkamp, 981 West Third Street, San Bernardino, owner of Allgood Shower Door, stated that he is against this proposed street vacation, as it would curtail usage of all the adjacent properties and would cause tremendous financial distress on his plans to develop the area. City Engineer Hardgrave provided more background information related to this proposed vacation. Dean Myers, 982 West Second Street, San Bernardino, expressed concern about the decrease in his property value if this proposed vacation is approved. He also stated that this vacation would create traffic congestion because of the closure of the streets. He is in favor of a loop for the trucks for ingress and egress on both sides of the tracks. City Engineer Hardgrave answered closing of two railroad crossings in crossing. questions regarding the order to open one railroad A discussion ensued regarding the closure of another crossing in the immediate area. Mayor Holcomb stressed the fact that any property owner who is at a loss or suffers damages can be compensated. Stanley Lang, owner of Lang's Empire Building Material at 940 and 930 West Second Street, San Bernardino, stated that he is opposed to the vacation. He uses the sheds located at 930 Second Street, and travels back and forth across the railroad tracks to deliver materials. If he does not go this route, he would have to go through Second Street. It would very difficult to unload any delivery materials on Second Street because it is the busiest street coming into the downtown area. A discussion ensued regarding the traffic on Second Street. LaVerne Zulch, 3525 Broadmoor, San Bernardino, spoke in opposition to the proposed vacation. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the protest hearing be closed. City Engineer Hardgrave answered questions, stating that five protests were filed. City Attorney Penman stated that protests must be received by 50 percent or more of the property owners to overrule a street vacation. 23 8/21/89 . Roger Hardgrave stated that the majority protest rule would not apply on the street vacation protest. This is a protest hearing to hear the general comments or protests. It is not like an assessment district, where over 50 percent of the property owners' protests are needed to overrule. A discussion ensued regarding the location in which the proposed vacation is located. Discussion ensued regarding future development of the area. Council Member Minor made a motion, seconded by Council Member Miller, that the protests be overruled, and the Findings of Fact, as set forth in the Staff Report dated September 30, 1988, from Roger Hardgrave, Director of Public Works/City Engineer, as to why portions Main Street and Broadway Street, between "I" Street and "J" Street, are no longer necessary for street and highway purposes, be adopted. The motion was carried by the following vote: Ayes: Council Members Reilly, Maudsley, Minor, Pope-Ludlam, Miller. Noes: Council Member Flores. Absent: Council Member Estrada. . ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING THAT RENTS FOR MOBILE HOME SITES SHALL NOT EXCEED THOSE IN EFFECT ON DECEMBER 1 , 1988 , AND TEMPORARILY PROHIBITING RENTAL INCREASES THEREFOR, AND DECLARING THE URGENCY THEREOF; (Ord. #1) FIRST (41) ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING THAT RENTS FOR MOBILE HOME SITES SHALL NOT EXCEED THOSE IN EFFECT ON THE EFFECTIVE DATE OF THIS ORDINANCE, AND TEMPORARILY PROHIBITING RENTAL INCREASES THEREFOR, AND DECLARING THE URGENCY THEREOF. (Ord. #lA) (41a) ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING THAT RENTS FOR MOBILE HOME SITES SHALL NOT EXCEED THOSE IN EFFECT ON DECEMBER 1, 1988, AND TEMPORARILY PROHIBITING RENTAL INCREASES THEREFOR. (Ord. #2) (42) FIRST FIRST ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING THAT RENTS FOR MOBILE HOME SITES SHALL NOT EXCEED THOSE IN EFFECT ON THE EFFECTIVE DATE OF THIS ORDINANCE, AND TEMPORARILY PROHIBITING RENTAL INCREASES THEREFOR. (Ord. #2A). (42a) FIRST A discussion ensued regarding the continuance of these ordinances to the second Council meeting in September. . 24 8/21/89 . In a letter dated April 21, 1989, Alice Stiel, owner of Royal York Estates Mobile Home Park, provided information regarding statistics introduced by Jerry Butler at the August 7, 1989, Council Meeting. City Attorney Penman answered questions regarding whether or not there are any problems with continuing the urgency ordinances. Council Member Flores made a motion, seconded by Council Member pope-Ludlam, that said ordinances be continued to Wednesday, September 6, 1989, at 3:00 p.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. The Members Council motion carried by the following vote: Ayes: Reilly, Flores, Minor, pope-Ludlam, Miller. Member Maudsley. Absent: Council Member Estrada. Council Noes: JOINT WATER BOARD MEETINGS - CITY OF SAN BERNARDINO VS. SAN BERNARDINO VALLEY - WATER CONSERVATION DISTRICT - CLOSED SESSION ITEM Mayor Holcomb stated that in Closed Session pending litigation between the City of San Bernardino and the California Conservation District was discussed. It was recommended that a joint meeting of Water agencies be held. . Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the City Administrator be directed to set up a joint meeting with the Boards of the following agencies along with their attorneys and experts: City Council, California Conservation District, East Valley Municipal Water District, City of San Bernardino Water, and San Bernardino Municipal Water District. (S-7) The meeting will be held at a time and place to be announced by the City Administrator. CITY ATTORNEY PENMAN EXCUSED At 3:15 p.m., City Attorney Penman left the Council Meeting and was replaced by Senior Assistant City Attorney Barlow. AUTHORIZE SALE OF CITY OWNED PARCELS AT VARIOUS LOCATIONS THROUGHOUT THE CITY BY THE REAL PROPERTY SECTION - CONTINUED FROM JULY 17, 1989 This is the time and place continued to for consideration of the sale of the following City owner properties by the Real Property Section, as recommended by City Engineer Hardgrave in a memorandum dated July 12, 1989: (43) . 1. 2. 3. 4. 5. 1215 Colima Road; 181 S. "G" Street; 3250 Harrison; Rialto & Belleview Rialto & Arrow Route; 25 8/21/89 . 6. 7. Del Rosa, south of Eureka; and Garner at Olive. Council Member Miller made a motion, seconded by Council Member Minor, that form motions 1, 2, 3 and 4 of the Council Agenda be approved. Discussion ensued regarding the motion and the deletion of motion 4. Council Member Miller amended her previous motion, seconded by Council Member Minor and unanimously carried that: 1: the Real Property Section be authorized to sell those certain parcels of land as outlined in the report from the Director of Public Works, dated June 12, 1989, which are hereby declared to be surplus, and to do all things necessary and incidental thereto according to established procedures, including the payment appraisal and title services; 2: the payment of Real Estate Broker's commission, in the amount of 6% of the sale price, be hereby authorized incidental to the sale of certain City owned parcels of land, as outlined in the attached report from the Director of Public Works, dated June 12, 1989; . 3: and that the Real Property Section be authorized to negotiate the sale of City owned property, located on the west side of Garner Avenue, at Olive Street (Assessor's Parcel No. 0138-113-40), with the City Water Department. CITY ATTORNEY PENMAN RETURNED At 3:25 p.m., City Attorney Penman returned to the Council Meeting. A discussion ensued regarding the property located at 181 S. "G" Street. Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, that the sale of property located at 181 S. "G" Street (Assessors Parcel No. 0136-101-09, 19) to the Redevelopment Agency for $300,000 be authorized and that RDA take full responsibility for toxic clean up. The motion carried by the following vote: Ayes: Council Members Reilly, Maudsley, Minor, Pope-Ludlam, Miller. Noes: Council Member Flores. Absent: Council Member Estrada. . 26 8/21/89 . RES. 89-335 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION.. . ESTABLISHING A BASIC COMPENSATION PLAN...", BY INCREASING THE SALARY RANGES FOR THE POSITIONS OF ASSISTANT CITY ATTORNEY (FROM RANGE 4176, $4686-5706/MO. TO RANGE 4184 $5173-6300/MO.) AND SENIOR ASSISTANT CITY ATTORNEY (FROM RANGE 4184, $5173-6300/MO. TO RANGE 4192 $5706-6959/MO.) EFFECTIVE AUGUST 8, 1989. (Continued from August 7, 1989) (44) City Attorney Penman stated that the rate increases would not cost the City any additional funds. The funds are already in the City Attorney's budget, having been saved by not using outside counsel as often as projected. Council Member Reilly made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 89-335 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Miller. Noes: Council Member Pope-Ludlam. Absent: Council Member Estrada. . WAIVER OF PARKS AND RECREATION CONSTRUCTION FEES - RESIDENCE AT 5536 NORTH "E" STREET - MR. AND MRS. PAUL BLANKENSHIP - CONTINUED FROM JULY 5, 1989 This is the time and place continued to for a discussion regarding 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. (45) In a staff report dated June 26, 1989, Larry Reed, Director of Building and Safety, provided background information regarding the requested waiver. Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the appeal by Paul and Laura Blankenship for the waiver of the Parks and Recreation construction fees on property located at 5536 North "E" Street, be denied. REQUEST TO WAIVE CITY DEVELOPMENT FEES IN CONNECTION WITH THE REBUILDING OF A RESIDENCE AT 4865 MARIPOSA DRIVE - STEPHEN SCHNEPPLE In a memorandum dated August 1, 1989, Larry Reed, Director of Building and Safety, provided a request dated July 18, 1989, from Stephen Schnepple, for a waiver of City development fees in connection with the rebuilding of a residence at 4865 Mariposa Drive. (46) Lorraine Velarde, Executive Assistant to the Mayor, stated that the applicant has requested that this matter be continued to the Council Meeting on September 6, 1989. . 27 8/21/89 . . . Council Member Maudsley made a motion, seconded Member Flores and unanimously carried, that the continued to the Council Meeting on September 6, 1989. by Council appeal be FELDHEYM CENTRAL LIBRARY SECURITY SERVICES This the time and place set for discussion as requested by the City Attorney on possible action on Commercial Security purchase order for a three year period to provide security services for the Feldheym Central Library, possible action to repeal of Resolution No. 88-160 authorizing a purchase order; action to contract with another security firm. ( 49 ) City Attorney Penman stated that this matter may not require any action, but it does need to be discussed in Closed Session under significant exposure to litigation. He requested that the City Librarian Director be asked to attend the Closed Session to be held later in the meeting. RES. 89-336 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO THE BEECHER CONSTRUCTION COMPANY FOR INSTALLATION OF A STORM DRAIN IN TWENTY-FIRST STREET, BETWEEN KENWOOD AVENUE AND EAST TWIN AND WARM CREEK CHANNELS, AND RESCINDING THE AWARD TO DRAINAGE UNDERGROUND CONTRACTORS, INC. (S-l) Council Member Reilly made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 89-336 was adopted by the following Council Members Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Estrada. vote: Ayes: pope-Ludlam, RES. 89-337 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO PETERSON-CHASE GENERAL ENGINEERING CONSTRUCTION FOR REPLACEMENT OF SEVEN OVERHEAD SIGN PANELS ON ROUTE 1-215, FROM ROUTE 1-10 TO MILL STREET. (S-2) Council Member Miller made a motion seconded by Council Member Flores, that said resolution be adopted. Resolution No. 89-337 was adopted by the following Council Members Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Estrada. vote: Ayes: Pope-Ludlam, RES. 89-338 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A SMALL BUSINESS LOAN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND READY EQUIPMENT SALES AND RENTALS, INC. (S-3) 28 8/21/89 . . . RES. 89-339 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A SMALL BUSINESS LOAN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND "BURNEY" THE BURNER, INC. (S-4) RES. 89-440 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A SMALL BUSINESS LOAN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MAD GREEK NUMBER 15. (S-5) Council Member Maudsley made a motion, seconded by Council Member Miller, that said resolutions be adopted: Resolution Nos. 89-338, 89-339 and 89-440 were adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, pope-Ludlam, Miller. Noes: None. Absent: Council Member Estrada. PERSONNEL ACTIONS - SUE SCHUEMAN - LEGAL SECRETARY I It was recommended by the Chief Examiner/Civil Service the appointment of Sue Schueman in the City Attorney's Office to Legal Secretary I, (Range 3094, Step 1, $1, 702/mo., effective August 22, 1989). (S-6) seconded by Council the Personnel Action accordance with all of San Bernardino, be Council Member Flores made a motion, Member Reilly and unanimously carried, that submitted by the Chief Examiner, in administrative regulations of the City approved. APPOINTMENT - PARKING PLACE COMMISSION - SAM CATALANO - MAYOR HOLCOMB In a memorandum dated August 17, 1989, Mayor Holcomb requested that Sam Catalano, General Manager of the Central City Mall, be appointed to the Parking Place Commission. (S-8) Council Member Reilly made a motion, Member Minor and unanimously carried, that Catalano to the Parking Place Commission, Holcomb, be approved. seconded by Council the appointment of Sam as requested by Mayor RECESS MEETING - CLOSED SESSION At 3:25 p.m., Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the Council recess to Closed Session for the following: litigation as there is ( 1) To confer with its attorney regarding pending pursuant to Government Code Section 54956.9 (b)( 1), significant exposure to litigation; 29 8/21/89 . . . To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(c), so that Council may decide whether to initiate litigation; (2) To consider personnel matters Section 54957; pursuant to Government Code (3) To confer with its attorney regarding pending which has been initiated formally to which the City is follows pursuant to Government Code Section 54956.9(a): litigation a party as (4 & S-7) Citv of San Bernardino vs. California Construction Manaqement. Inc.. et al - San Bernardino Superior Court Case No. 238755; Saldecke. et al vs. Citv of San Bernardino. et al San Bernardino Superior Court Case No. 236836; Cable Lake Association vs. Citv of San Bernardino San Bernardino Superior Court Case No. 239714 and Case No. 239649; Citv of San Bernardino vs. San Bernardino Baseball Club. Inc.- San Bernardino Superior Court Case No. 239193; Stubblefield Bernardino. et 232998; Construction Comoanv. al San Bernardino et al vs. Citv of Superior Court Case San No. Juan Manuel Sanchez vs. Citv of San Bernardino - united States District Court Case No. CV87-2291 AWT (Bx); Charles H. Brown vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 243087; Sock Dawson. et al vs. Citv of San Bernardino. et al - United States District Court - Case No. SA 88-461 AHS (RWRx); Barron/Alcarez vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 241692; Barratt. Inc.. vs. City of San Bernardino - San Bernardino Superior Court Case No. 242433; Revnolds vs. City of San Bernardino - San Bernardino Superior Court Case No. 248752; Dudlev Brewster. et al vs. Southern Pacific Railroad. et al- San Bernardino Superior Court Case No. 249736; City of San Bernardino vs. Patel - San Bernardino Superior Court Case No. 250473; Save San Bernardino vs. City of San Bernardino Bernardino Superior Court Case No. 250425; San 30 8/21/89 . . . Henrv Harris vs. Citv of San Bernardino. et al - United States District Court Case No. CV-87-04882 JSL (Gx); Arriaaa vs. Ci tv of San Bernardino - San Bernardino Superior Court Case No. 247466; Citv of San Bernardino Conservation District - San 231481. vs. San Bernardino Vallev Water Bernardino Superior Court Case No. Citv of San Bernardino vs. San Bernardino Vallev Water Conservation District, San Bernardino Superior Court Case No. 231484; Edward Taaaart. et al vs. Citv of San Bernardino. et al - San Bernardino Superior Court Case No. 230330; Ci tv of San Bernardino vs. Libertv TV Cable. Inc. - United States District Court Case No. 82-6876 (gx) CLOSED SESSION At 3:25 p.m., Mayor Holcomb called the Closed Session 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: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Pope- Ludlam, Miller; City Attorney Penman; City Administrator Julian. Absent: Council Member Estrada; City Clerk Clark. MAYOR HOLCOMB EXCUSED At 3:50 p.m., Mayor Holcomb left the Closed Session meeting. CITY CLERK CLARK ARRIVED AT THE CLOSED SESSION At 3:55 p.m., City Clerk Clark arrived at the Closed Session. COUNCIL MEMBER ESTRADA ARRIVED Council Member Estrada arrived at the Closed Session. ADJOURN CLOSED SESSION At 4:25 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 4:25 p.m., Mayor Pro Tempore Regular Meeting of the Mayor and Common Bernardino in the Council Chambers of Street, San Bernardino, California. Maudsley reconvened Council of the City of City Hall, 300 North the San "0" 31 8/21/89 . . . ROLL CALL Roll Call was taken with the following being present: Mayor Pro Tempore MaudsleYi Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Milleri City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Mayor Holcomb. ADJOURNMENT At 4:25 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 of the City of San Bernardino adjourn to 8:30 a.m., Wednesday, September 6, 1989, in the Council Chambers of City Hall, 300 North "0" Street San Bernardino, California. (52) SHAUNA CLARK City Clerk BY~J7~ Deputy Ci y Clerk No. of Items: 69 No. of Hours: 7 hours 32 8/21/89