HomeMy WebLinkAbout02-20-1989 Minutes
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City of San Bernardino, California
February 20, 1989
The Regular Meeting of the Mayor and Common Council
of the City of San Bernardino was called to order by Mayor
wilcox at 9:13 a.m., on Monday, February 20, 1989, in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
MOMENT OF SILENCE - IN MEMORY OF ART TOWNSEND
The Council Meeting was opened with a moment of
silence and in memory of Art Townsend, Publ i sher of The
Precinct Reporter.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member
Minor.
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ROLL CALL
Roll Call was taken by Ci ty Clerk Clark with the
following being present: Mayor Wilcox; Council Members
Estrada, Reilly, Flores, Maudsley, Minor, Miller; City
Attorney Penman, City Clerk Clark, Acting City Admin-
istrator Robbins. Absent: CouncilMember Pope-Ludlam.
PUBLIC COMMENTS - THE SWORD
A citizen identifying himself
True Lord and Scripture, spoke
Scriptures.
as the "Anti-Christ"
concerning the Holy
(A)
COUNCIL
At 9:15
the Council
Table.
MEMBER POPE-LUDLAM ARRIVED
a.m., Council Member Pope-Ludlam arrived at
Meeting and took her place at the Council
PUBLIC COMMENTS - OFFICER MIKE GILE
Mike Gile of the San Bernardino Police Department,
extended an invitation to the Mayor and Council to attend
the 4th Annual "Almost A Classic Football Game" on March
11, 1989 at 7:30 p.m. at the Cajon High School. (A)
He stated that this event was started in 1985 as a
fundraiser for athletic programs for local high schools
that had suffered funding cut-backs and programs such as
the "Make a Wish Foundation", Last year's game netted
$52,000.00, which was split between the San Bernardino
Police Department Team and the San Bernardino County
Sheriffs' Department Team.
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PUBLIC COMMENTS - ART SAENZ
Art Saenz, 1818 W. 7th Street, San Bernardino, Calif-
ornia, requested a list of names and addresses of those
present at the Council meeting in opposition to the pro-
posed resolutions regarding assault weapons. (A)
PUBLIC COMMENTS - SUSAN L. SMITH HARTMANN ROGERS
Susan L. Smith Hartmann Rogers, a social worker for
the homeless, requested that there continue to be an
Invocation at the Council meetings and announced that she
intends to sue the San Bernardino Police Department. (A)
PRESENTATION - SERVICE PINS
Mayor wilcox presented several employees with service
pins for their years of service with the City. (B)
PROCLAMATION - NCO ASSOCIATION VETERAN
JOB FAIR DAY FEBRUARY 21, 1989
Richard Bennecke, Executive Assistant to the Mayor,
read a proclamation of the Mayor of the City of San
Bernardino designating February 21, 1989, as NCO
Association Veteran Job Fair Day. (B)
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Paul Lomann, Director of Veterans Employment for the
NCO Association for the United States of America, was
present to accept the proclamation and stated that the
association has been serving veterans for 15 years.
PROCLAMATION - WOMEN HISTORY MONTH - MARCH 1989
Richard Bennecke, Executive Assistant to the Mayor,
read a proclamation of the Mayor of the City of San Bern-
ardino designating the month of March 1989, as Women's
History Month. (B)
Evlyn Alexander, Administrative Operations Supervisor
II of Feldheym Central Library, was present to accept the
proclamation and stated that there will be a luncheon held
on March 8, 1989, at the Maruko Hotel. (B)
THE CITY'S POSITION CONCERNING ASSAULT WEAPONS
In a memorandum dated February 14, 1989, Mayor wilcox
presented the following resolution supporting Senate Bill
292 (Roberti) and Assembly Bill 357 (Roos), which provide
controlling regulations on assault weapons:
RESOLUTION IN SUPPORT OF SB 292 (ROBERTI) AND
AB 357 (ROOS) REGARDING ASSAULT WEAPONS. (32a)
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In a memorandum dated February 17, 1989, City
Attorney Penman provided an opinIon concerning the City
having no legislative authority to prohibit the possession
and sale of assault weapons within City-limits.
City Attorney Penman concluded that although no court
decision or state law has directly answered this specific
question, it is very likely that the City does not have
legislative authority to prohibit the possession and sale
of assault weapons within City-limits because State laws
have preempted the field. As a result of this opinion,
City Attorney Penman drafted the following resolution in
opposition:
RESOLUTION IN OPPOSITION TO SB 292 (ROBERTI)
AND AB 357 (ROOS) REGARDING ASSAULT WEAPONS. (32b)
City Clerk Clark read the titles of the resolutions.
Donald Burnett, Chief of POlice, spoke in support of
the proposed Roberti and Roos Bills which would prohibit
the possession and sale of assault weapons, and displayed
a AK-47 rifle.
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Discussion ensued in support of the opinion of Chief
Burnett, and in favor of gun control.
Mayor wilcox stated that there
guns on ci ty streets and requested
the adoption of the Roberti and Roos
is no place for these
that Council support
Bills.
City Attorney Penman answered questions
the Roberti and Roos Bills would affect
collectors and individuals who collect
general.
regarding
antique
firearms
how
gun
in
He explained that the main difficulty with the
Roberti and Roos bills is that they ban more than assault
weapons. These bills would establish an Assault Firearms
Committee that would have the authority to ban a weapon it
determines is not necessary for sports or recreational
activities.
City Attorney Penman explained the criteria for
banning assault weapons. He stated that making the
firearms inoperable would decrease their value for
collectors, and answered questions regarding a possible
provision being made for the reimbursement to gun
collectors.
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He explained that there is a grandfather clause that
would allow collectors to continue to own semi-automatic
assault weapons.
A discussion ensued regarding the wording of the
resolution in opposition to the Roberti and Roos bills.
City Attorney Penman explained that Resolution 32(a)
in support of the Roberti and Roos Bills is so vague,
it's difficult to know how the bills would be enforced.
City Attorney Penman answered questions regarding
whether the ability of the proposed Roberti and Roos Bills
could be challenged and amended if the citizens' right to
bear arms is taken away.
A discussion ensued regarding the restrictions placed
on various types of weapons and the possibility of banning
assault weapons.
The following individuals spoke in opposition to SB
292 (Roberti) and AB 357 (Roos):
Tom Miner, 885 Baseline, San Bernardino, Ca.
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Cherie Radley of Crestline, Ca.
Dorothy M. Shelton, 2908 parkside Pl, San Bernardino, Ca.
Victor A. Soto, 187 W. 11th St. San Bernardino, Ca.
Minister Robert A. Boody, P.O. Box 1604, Lorna Linda, Ca.
Lee Wilson, 6810 Del Rosa Dr. San Bernardino, Ca.
Jeff Bell, 2995 Chestnut, Rialto, Ca.
Ed Vallen, 16870 Fairfax, Fontana, Ca.
Rosalie Morvai, 2751 Reche Cyn. Road #55, Colton, Ca.
Teresa Alcorn, 6238 Indigo Ave., San Bernardino, Ca.
Art Signs, 1138 W. 8th Street, San Bernardino, Ca.
Ed Verdugo, 12783 Holmes Street, San Bernardino, Ca.
Steven Kohnke,18 Ehome Place, Apt. 18, Redlands, Ca.
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R. D. Hayes, 24060 Postal, Moreno Valley, Ca.
Edward V. Saldana, 7132 Bennington, pico Rivera, Ca.
Mayor Wilcox thanked all the
comments and stated that she would
assistance in seeking a solution to
speakers for their
accept any offers for
this matter.
A discussion ensued regarding the constitutionality
of the Roberti and Roos Bills.
Council Member Flores made a motion, seconded by
Council Member Miller, and unanimously carried, that
further reading of the resolutions be waived.
The Mayor and Common Council discussed having a
regulation that the Police Department could use as an
additional tool when arresting criminals that use or are
in possession of assault weapons.
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Council Member Miller made a motion, seconded by
Council Member Pope-Ludlam and unanimously carried, that
the resolution attached to the memorandum dated February
14, 1989, from Mayor Wilcox, Agenda Item 32(a), be amended
as follows: Lines 18 and 19 be deleted and Section 1 be
changed to read as follows:
1. That the Mayor and Common Council of the City of San
Bernardino support and encourage our State Senators and
Assemblymen to introduce and support legislation to
strictly regulate the ownership and use of assault
weapons and provide for additional and lengthy prison
terms for those persons using firearms in the commission
of a crime, and in support of the registration of
semi-automatic weapons.
A discussion ensued regarding
proposed resolution in support of
Bills.
the wording of
the Roberti and
the
Roos
Council Member Minor made a substitute motion,
seconded by Council Member Maudsley and unanimously
carried, that the Mayor be directed to inform the
Legislature that the City of San Bernardino and the Mayor
and Common Council oppose SB 292 (Roberti) and AB 357
(Roos) as presently written.
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A discussion ensued regarding whether or not to hold
a workshop for the purpose of preparing a more meaningful
resolution concerning assault weapons.
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It was recommended that area Senate and Assembly
representatives be contacted to attend a meeting with the
City to assist with the development of a more appropriate
resolution.
The Mayor and Common Council discussed having a
workshop to review the proposed resolutions.
Council Member Estrada made a motion, seconded by
Council Member Miller and unanimously carried, that the
subject of a resolution signifying the City's position
concerning assault weapons, be continued to the Adjourned
Regular Meeting of the Mayor and Common Council to be held
March 13, 1989, at 9:00 a.m., in the Council Chambers of
City Hall, 300 North "0" Street, San Bernardino,
California.
City Attorney Penman stated that
Bernardino is the first city of its size
292 (Roberti) and AB 357 (Roos) Bills.
the Ci ty of San
to oppose the SB
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RECESS - MEETING
At 11:27 a.m., Mayor
recess to clear the Council
Wilcox called
Chambers.
a
five-minute
RECONVENE MEETING
At 11:45 a.m..
Mayor wi lcox in the
North "0" Street, San
the meeting was called to order
Council Chambers of City Hall,
Bernardino, California.
by
300
ROLL CALL
Roll Call was taken
following being present:
Estrada, Reilly, Flores,
Miller; Senior Assistant
Clerk Clark, Steve Dukett,
Absent: None.
by Ci ty Clerk Clark with the
Mayor Wilcox; Council Members
Maudsley, Minor, Pope-Ludlam,
City Attorney Barlow, City
Executive Director of RDA.
COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT
AGENCY - REGULAR MEETING
The Regular Meeting of the Community Development
Commission/Redevelopment Agency was called to order by
Chairman Wilcox in the Council Chambers of City Hall, 300
North "0" Street, San Bernardino, California.
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ASSEMBLY BILL 160 (MOUNTJOY) -
REDEVELOPMENT USE OF EMINENT DOMAIN
In a memorandum dated February 14, 1989, Steve
Dukett, Executi ve 0 i rector of the Redevelopment Agency,
recommended that the City/Commission formally oppose
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AB-160. He explained that if this legislation is passed,
it will prohibit a redevelopment agency from acquiring any
real property without the consent of the owner for any
purpose other than publicly-owned public facilities or
improvements, unless the property constitutes a public
nuisance or is maintained in violation of zoning
ordinances, building or housing codes, or other health and
safety laws, (R-6)
Steve Dukett, Executive Director of the Redevelopment
Agency, answered questions stating that this assembly bill
has been in existence for quite some time.
He stated that the Assembly
Development Committee will hold
sometime between February 15, 1989,
Housing and Community
their first hearing
and March 1, 1989.
Council Member Flores made a motion, seconded by
Council Member Pope-Ludlam and unanimously carried, that
the Mayor and Common Council of the City of San Bernardino
formally oppose Assembly Bill 160 (Mountjoy); and that the
Mayor be authorized to take the necessary steps to
communicate this opposition to the appropriate State
officials.
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RECESS MEETING - LUNCHEON WORKSHOP FOR
DISCUSSION OF MID-YEAR BUDGET REVIEW
At 12: 30 p.m., Council Member Reilly made a motion,
seconded by Council Member Flores and unanimously carried,
that the meeting be recessed to a luncheon workshop in the
Management Information Center (MIC), Sixth Floor, City
Hall, 300 North "0" Street, San Bernardino, California.
LUNCHEON WORKSHOP - MID-YEAR BUDGET REVIEW
At 12: 55 p.m., the workshop to discuss the Mid-Year
Budget Review was called to order by Mayor wilcox in the
Management Information Center (MIC), Sixth Floor, City
Hall, 300 North "D" Street, San Bernardino, California.
(43 )
ROLL CALL
Roll Call was taken by Ci ty Clerk Clark wi th the
following being present: Mayor Wilcox; Council Members
Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam,
Miller; Senior Assistant City Attorney Barlow, City
Clerk Clark, Acting City Administrator Robbins. Absent:
None.
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Acting City
1988-89 Mid-Year
departments are
budget.
Administrator Robbins introduced the
Budget Analysis, stating that several
running approximately 50% over their
Andy Green, Director of Finance, explained that the
50% salary shortfall was due to the non-allocation of
approximately $1.8 million in salary adjustments and the
shortfall in revenue collection by the Building and Safety
Department.
A discussion ensued regarding the effects of the
moratorium on the General Fund.
Andy Green answered questions, stating that even
though the moratorium has been lifted, there has been a
lag in the collection of revenues for development fees.
However, the Building and Safety Department is
anticipating a 20% increase in revenues for the 1989/90
Fiscal Year.
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James Richardson, Deputy City Administrator/Develop-
ment, stated that the permit evaluation process in the
Building and Safety Department is down approximately 20%,
but that the plan checking activity was up 100% in the
month of January. Construction in the Verdemont Area will
be off by approximately 40% for Fiscal Year 88-89.
Andy
percentage
Fund.
Green answered questions
of development fees allocated
regarding the
to the Gener al
A discussion ensued regarding whether the city is
collecting enough planning fees to cover staff costs.
Jim Richardson stated that
plan check fees carry much of
activities.
the bui Id ing permi t and
the development service
He further stated that
usually allocated in the
commented on the backlog of
County Assessor's Office.
the code enforcement fees
General Fund Account.
uncollected amounts from
are
He
the
A discussion ensued regarding the process of
collection of assessment fees from the County and the
collection of City abatement costs.
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Acting City Administrator Robbins answered questions
regarding whether refuse funds were allocated to the
General Fund Account or to the Refuse Account.
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A discussion ensued regarding the problem of refuse
bills being sent to the residence address instead of being
sent to the property owner.
Andy
outstanding
address and
bills.
Green answered questions regarding the
refuse bills, stating that both the residence
mai 1 ing address now appear on the refuse
A discussion ensued regarding a method of alerting
property owners of any outstanding refuse bills.
Craig Graves,
some old accounts
District that have
Ci ty Treasurer, sta ted tha t there are
under the Southern Cal i fornia Wa ter
separate bills for water and refuse.
Andy Green stated that the audit performed by
Municipal Resource Consultants (MRC) uncovered
approximately $110,000 in City sales tax revenues which
were allocated incorrectly by the State.
A discussion ensued regarding an audit of the utility
tax bills.
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Andy Green stated that the monies
the audit performed by MRC were not
budget. Also not included in the budget
Bed Tax from the Maruko Hotel.
uncovered through
included in the
were receipts for
Acting City Administrator Robbins answered questions
regarding the RDA agreement with the Maruko Hotel.
He explained that the monies identified in sales tax
and the additional money received in bed tax would offset
the amount of money not collected in permit fees.
Senior Assistant City
questions regarding the City's
of fine monies due the City
Bernardino.
Attorney Barlow answered
position in the collection
from the County of San
Finance Director Andy Green answered questions re-
garding some of the titles used in the budget.
He answered further questions regarding the heal th
insurance plans and the savings in administrative costs.
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Jim
overview
mid-year
Robbins, Acting City Administrator, presented
of the following items to be considered
and for the 1989/90 budget process:
an
at
1. Proposed Norton AFB Phase Down
2. Data Processing
3. Vehicle Replacement Program
4. Potential County Dump Fee Increases
5. Sales Tax Audit
6. Health Plan
7. Wage and Benefit Increases
8. Liability Insurance
9. Operating Contingency
10. General Plan
11. Visitor & Convention Bureau
12. Fixed Assets
13. Development Fees
CITY CLERK CLARK EXCUSED
At 1:30 p.m., City Clerk Clark
Meeting workshop and was replaced by
Copeland.
left the Council
Deputy City Clerk
.
Counc i 1 Member Estrada made a motion, seconded by
Council Member Miller and unanimously carried, that the
report of the 1988-89 Mid-Year Budget Analysis, be re-
ceived and filed.
ADJOURN MEETING
At 1: 35 p.m., Council Member Estrada made a motion,
seconded by Council Member Miller and unanimously carried,
that the luncheon workshop adjourn to the Regular Meeting
of the Mayor and Common Council of the City of San Bernar-
dino in the Council Chambers of City Hall, 300 North "0"
Street, San Bernardino, California, at 2:00 p.m.
RECONVENE MEETING
At 2:10 p.m., Mayor Pro Tempore Minor 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, Calif-
ornia.
ROLL CALL
Roll Call was taken with the following being present:
Mayor Pro Tempore Minor; Council Members Estrada, Reilly,
Flores, Maudsley, Minor, Pope-Ludlam, Miller; City
Attorney Penman, City Clerk Clark, Acting City
Administrator Robbins. Absent: Mayor Wilcox.
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APPEAL HEARING - PLANNING COMMISSION'S APPROVAL
OF CONDITIONAL USE PERMIT NO. 88-52 - ALBERT R.
MAMLOUK - 771 NORTH "0" STREET - CONTINUED FROM
FEBRUARY 6, 1989
This is the time and place continued to for an appeal
hearing concerning the Planning Commission's approval of
Conditional Use Permit No. 88-52 with conditions for
off-site sale of beer and wine at 771 North "0" Street.
(45 )
City Attorney Penman explained that a conditional use
permit cannot be revoked and stated that it is easier to
put restrictions on a CUP when it is approved. Then, if
they fail to comply, something can be done about it at
that time.
MAYOR WILCOX ARRIVED
Mayor Wilcox arrived at the Council Meeting and took
her place at the Council Table.
Council discussed whether an applicant can come back
in six months to amend conditions imposed by the
conditional use permit, and whether or not another public
hearing would be needed.
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John Lightburn, P.O. Box 1622,
representing Albert Mamlouk, suggested
limi ting Mr. Mamlouk' s gross sale of
percentage that he be limited to an amount
According to Mr. Lightburn, this would
finite limitation.
San Bernard ino,
that instead of
alcohol by a
of shelf space.
prov ide a more
Council suggested that Condition Number Four be
changed to reflect the ABC's standard requirement that
quarterly gross sales of all alcoholic beverages shall not
exceed 40% of the quarterly gross sales of all food
products.
John
"Rumours",
to noise.
Lightburn made reference to a business known as
which had its CUP revoked at a later date due
He presented two letters in support of the market
from the following: Frank W. Lovelace, M. D., Hyland
Plasma Center, located at 450 West Eighth Avenue; and Dr.
Norman D. Smith, Director of Planning/Research, San
Bernardino Community College District, located at 441 West
Eighth Street.
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Susan L. Smith Hartmann Rogers, a citizen, stated
that the Alcoholics Anonymous Association once occupied
the building where the 7-10 Market is located. She stated
that the market is handled in a professional manner and
that she supports a market of this type in the area.
City Attorney Penman stated that once a conditional
use permit is granted, it is very difficult to make
amendments; however, there is no problem with revoking a
cond i ti onal use permi t if the appl ican t does not comply
with the conditions.
John Lightburn answered quest ions, stat i ng tha t Mr.
Mamlouk had received notification from the Clerk's Office
that this item was to be continued.
City Clerk Clark answered questions regarding the
notification of neighbors and interested parties when an
item on the agenda is continued.
John
economic
matter is
Lightburn
feasibility
continued.
answered
of the
questions regarding
proposed project if
the
this
.
City Clerk Clark explained how this item appeared on
the agenda for this meeting. She answered questions re-
garding whether the hearing had been closed at the
previous Council meeting on February 6, 1989.
City Attorney Penman stated that a motion to
reconsider would cancel a motion to continue an item. He
advised the Council of two options: 1) that the prior
action of the Mayor and Common Council at their meeting of
February 6, 1989, stand, leaving the decision of the
Planning Commission intact , or 2) move to reconsider and
set a date for a new public hearing and re-advertise.
Susan L. Smi th Hartmann Rogers
that those individuals who signed the
of the 7-10 Market, be notified of the
spoke, requesting
petition in support
public hearing.
Council Member Estrada made a motion, seconded by
Council Member Reilly, that this matter be reconsidered.
The
Council
Mi ller.
motion carried by the following
Members Estrada, Reilly, Flores,
Noes: Council Members Maudsley and
vote: Ayes:
Pope-Ludlam,
Minor.
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Council Member Estrada made a motion,
Council Member Reilly, that a public hearing
March 13, 1989, at 2:00 p.m., in the Council
City Hall, 300 North "0" Street, San
California.
seconded by
be set for
Chambers of
Bernardino,
The
Counc il
Mi ller.
motion carried by the following vote: Ayes:
Members Estrada, Reilly, Flores, Pope-Ludlam,
Noes: Council Members Maudsley, Minor.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council Meeting.
STATE PROJECT - DEVIL CANYON POWER PLANT-
SECOND AFTERBAY - VERDEMONT AREA
In a memorandum dated February 9, 1989, James
Richardson, Deputy City Administrator/Development
Services, stated that a public information meeting was
held on February 1, 1989, with the State Department of
Water Resources at the Little League Headquarters in
Verdemont concerning the construction of a second afterbay
at the Devil Canyon Power Plant. (46)
.
He stated that at the meeting of February 1, 1989,
the State officials were unable to address the fears of
the property owners with regard to safety and the issue of
decreasing property values.
With his memorandum, Mr. Richardson provided a copy
of his letter dated January 4, 1989, to Mr. Viju Patel of
the Department of Water Resources, summarizing items
discussed at a meeting held November 29, 1988, between the
Department of Water Resources and the City.
On behalf of Mr. Bob Morris, who had been contacted
by several property owners in the area, Jim Richardson
requested a continuance of this item to March 13, 1989, at
2:00 p.m., for more information.
Council Member Minor made a motion, seconded by
Council Member Flores and unanimously carried, that this
item be continued to March 13, 1989, at 2:00 p.m., in the
Council Chambers of City Hall, 300 North "0" Street, San
Bernardino, California.
GENERAL PLAN TASK FORCE - APPROVAL OF CONSULTANT
SELECTION SCHEDULE - DEVELOPMENT CODE WORK PROGRAM
In a memorandum dated February 7, 1989, Brad L.
Kilger, Director of Planning, explained the need for
consul tant serv ices and a steer ing commi ttee for the
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2/20/89
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completion of the Development Code Work Program. The
General Plan Task Force has reviewed the work program and
the Consultant Selection Schedule.
(47)
John Montgomery, Principal Planner, explained how
Planning will complete the Development Code, stating that
he would like to finalize the Consultant Selection
Schedule by March 213, 1989.
Principal Planner Montgomery answered questions re-
garding the completion date for the Development Code.
Council Member Miller made a motion, seconded by
Council Member Estrada and unanimously carried, that the
General Plan Task Force be designated as the supervising
committee for the Development Code, and that the proposed
Consultant Selection Schedule (Attachment A), be approved.
COUNCIL MEMBER POPE-LUDLAM RETURNED
Counc i 1 Member Pope-Ludlam returned
Meeting and took her place at the Council
to the
Table.
Council
.
APPROVE MINUTES - JANUARY 3, 1989
CONTINUED FROM FEBRUARY 6, 1989
Council Member Flores made a motion, seconded by
Council Member Miller and unanimously carried, that the
minutes of the meeting of the Mayor and Common Council of
the City of San Bernardino held on January 3, 1989, be
adopted as amended for clarification on Item 27, Page 25,
to read as follows: (1)
Discussion ensued regarding Agenda Item 21, General
Plan and the General Plan element related to Norton Air
Force Base.
APPROVE MINUTES - DECEMBER 16, 1988 -
JANUARY 12, 1989 - JANUARY 17, 1989
Council Member Flores made a motion, seconded by
Council Member Miller and unanimously carried, that the
minutes of the Mayor and Common Council of the City of San
Bernardino held on December 16, 1988, January 12, 1989,
and January 17, 1989, be approved as submitted in type-
written form. (2)
WAYS AND MEANS COMMITTEE MEETING REPORT -
FEBRUARY 13, 1989 - COUNCIL MEMBER ESTRADA
The following items were included on the agenda of
the Ways and Means Committee meeting held on February 13,
1989: (3)
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1. Request to Reduce Purchase Price of
Kellogg Library - Elijah Singletary.
2. Street Sweeping Survey.
3. Report from Finance Director Relative to
Cultural Fees.
4. Mid-Year Budget Review.
Council Member Flores made a motion, seconded by
Council Member Miller and unanimously carried, that the
report from the Ways and Means Commi ttee meeting held on
February 13, 1989, be received and filed.
.
SETTING OF MEETING DATE -
FIRST COUNCIL MEETING IN MARCH 1989
In a memorandum dated February 8,
Robbins, Acting City Administrator,
traditionally, the Mayor and Council do not
Meeting the day prior to an election.
Municipal Election is Tuesday, March 7,
suggested that the first meeting in March be
March 13, 1989.
1989, James
stated that
hold a Council
The Primary
1989. He
scheduled for
(4)
Council Member Flores made a motion, seconded by
Council Member Miller and unanimously carried, that the
first meeting of the Mayor and Council during the month of
March, be held on March 13, 1989, at 9:00 a.m., in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
LYTLE CREEK PARK - REH~BILITATION OF PARKING LOT -
FINDING OF NEED FOR HEALTH AND SAFETY REASONS
In a memorandum dated January 27, 1989, Roger
Hardgrave, Director of Public Works/City Engineer, stated
that the parking lots for Lytle Creek Park are in an
advanced state of deterioration and guard rails are needed
to preclude vehicles from entering the park area, and
causing damage to the turf. (5)
Council Member Flores made a motion, seconded by
Council Member Miller and unanimously carried, that a
finding be made that the rehabilitation of the parking lot
for the Lytle Creek Park, in accordance with Plan No.
7694, is needed for health and safety reasons.
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4TH AND 7TH WARD PARK EXTENSION FUNDS -
SCOREBOARD -DEL VALLEJO BALLFIELD
APPROVAL OF EXPENDITURE
In a memorandum dated February 2, 1989, Annie Ramos,
Director of Parks, Recreation & Community Services, stated
that the scoreboard at Del Vallejo ballfield is in poor
working order and beyond repair. She suggested that the
Fourth and Seventh Ward Park Extension Funds each fund
$1250.00 to purchase a new scoreboard. (6)
Council Member Flores made a motion, seconded by
Council Member Miller and unanimously carried, that the
expenditure of $1,250 each from the Fourth and Seventh
Ward Park extension Funds for the purchase and
installation of a scoreboard at Del Vallejo Ballfield, be
approved.
SET PUBLIC HEARING - APPROVE CHARGE FOR
ADDITIONAL REFUSE CONTAINERS
In a memorandum dated January 26, 1989, Manuel P.
Moreno, Jr., Director of Public Services, requested that a
public hearing be set to approve a $7.00 per month charge
for each additional automated 90 gallon refuse container,
(7 )
.
Council Member Flores made a motion, seconded by
Council Member Miller and unanimously carried, that a
public hearing be set for March 20, 1989, at 10: 00 a.m.,
to determine the charge for each additional automated
refuse container.
STORM DRAIN - NORTHPARK BLVD. FROM MAYFIELD
AVENUE TO ELECTRIC AVENUE - APPROVAL AND
ACCEPTANCE OF WORK - BRENTON LEE RHOADES
In a memorandum dated February 8, 1989, Roger
Hardgrave, Director of Public Works/City Engineer, stated
that all work under the contract with Brenton Lee Rhoades
for the construction of a storm drain in Northpark
Boulevard, from Mayfield Avenue to Electric Avenue, per
Plan No. 7465, was satisfactorily completed as of January
18, 1989. The final actual contract price is $121,440.08.
(11)
Council Member Flores made a motion, seconded by
Council Member Miller and unanimously carried, that the
work performed by the contractor for construction of a
storm drain in Northpark Boulevard, from Mayfield Avenue
to Electric Avenue, per Plan No. 7465, be approved and
accepted; and that final payment be authorized at the
expiration of the lien period.
.
16
2/20/89
.
SEWER EASEMENT - NORTH OF 20TH STREET, FROM "0"
STREET TO 266' EAST PER PLAN NO. 7461 - FOUR-WAY
CONSTRUCTION, INC.
In a memorandum dated February 9, 1989, Roger
Hardgrave, Director of Public Works/City Engineer, stated
that all work under the contract with Four-Way
Construction, Inc., for construction of a sewer in an
easement north of 20th Street, from "0" Street to 266 I
East, was satisfactorily completed as of October 19, 1988.
The final actual contract price is $18,580.25. (12)
Council Member Flores made a motion, seconded by
Council Member Miller and unanimously carried, that the
work performed by the contractor for construction of a
sewer in an easement north of 20th Street, from "0" Street
to 266' east, in accordance with Plan No. 7461, be
approved and accepted; and that final payment be
authorized at the expiration of the lien period.
.
LYTLE CREEK PARK - REHABILITATION OF PARKING LOT -
APPROVAL OF PLANS - AUTHORIZATION TO ADVERTISE
FOR BIDS PER PLAN NO. 7694
In a memorandum dated January 27, 1989, Roger
Hardgrave, Director of Public Works/City Engineer, stated
that plans for the rehabilitation of the parking lots for
Lytle Creek Park have been prepared and the project is
ready to be advertised for bids. The total estimated
project cost is $81,000. (13)
Council Member Flores made a motion, seconded by
Council Member Miller and unanimously carried, that the
plans for rehabilitation of the parking lot for Lytle
Creek Park, in accordance with Plan No. 7694, be approved
and accepted; that the Director of Public Works/City
Engineer be authorized to advertise for bids; and that
the transfer of $32,000 from Account No. 243-363-57528,
"Patton Park Development" to Account No. 243-363-57532,
"Lytle Creek Parking Lot", be approved.
INTERCEPTING SEWERS - FROM CALIFORNIA STREET AND
PORTER STREET TO CAJON BLVD AND DEVIL'S CANYON
CHANNEL - APPROVAL OF PLANS - AUTHORIZATION TO
ADVERTISE FOR BIDS
In a memorandum dated February 8, 1989, Roger
Hardgrave, Director of Public Works/City Engineer, stated
that plans for the installation of intercepting sewers in
the Muscoy area have been prepared and the project is
ready to be advertised for bids. The total estimated
project cost is $1,447,000. (14)
.
17
2/20/89
.
Council Member Flores made a motion, seconded by
Council Member Miller and unanimously carried, that the
plans for installation of intercepting sewers, from
California Street and Porter Street to Cajon Boulevard and
Devil's Canyon Channel, in accordance with Plan No. 7648,
be approved; and that the Director of Public Works/City
Engineer be authorized to advertise for bids.
STREET VACATION - CLUSTER AVENUE AND MILL STREET
AND BETWEEN ARROWHEAD AND PERSHING AVENUES -
AUTHORIZATION TO PROCEED
In a memorandum dated January 31, 1989, Roger
Hardgrave, Director of Public Works/City Engineer, stated
that a request was received from the adjoining property
owner, to vacate a public utility easement located between
Cluster Avenue and Mill Street and between Arrowhead
Avenue and Pershing Avenue. (15)
.
Council Member Flores made a motion, seconded by
Council Member Miller and unanimously carried, that the
Director of Public Works/City Engineer and the City Clerk
be authorized to proceed with the proposed vacation of a
public utility easement located between Cluster Avenue and
Mill Street and between Arrowhead Avenue and Pershing
Avenue, be approved; and that Plan No. 7703 be approved.
STREET VACATION - SUNWEST COURT, NORTH OF
HOSPITALITY LANE - AUTHORIZATION TO PROCEED
In a memorandum dated February 3, 1989, Roger
Hardgrave, Director of Public Works/City Engineer, stated
that Parcel Map 8089, recorded in May of 1988, created a
re-alignment of Sunwest Court, north of Hospitality Lane.
This re-alignment resulted in a small portion of surplus
right-of-way. (16)
Council Member Flores made a motion, seconded by
Council Member Miller and unanimously carried, that the
Director of Public Works/City Engineer and the City Clerk
be authorized to proceed with the proposed vacation of a
portion of Sunwest Court, north of Hospitality Lane; and
that Plan No. 7523 be approved.
.
GRADE CROSSING IMPROVEMENTS - "F" STREET AT A.T.
& S.F. RAILROAD - NEGATIVE DECLARATION - FINDING
OF CONSISTENCY WITH INTERIM POLICY DOCUMENT
In a memorandum dated January 25, 1989, Roger
Hardgrave, Director of Public Works/City Engineer,
recommended approval of the Negative Declaration and the
Finding of Consistency with the Interim POlicy Document
for the improvement of the grade crossing for "F" Street
on A.T. & S.F. Railroad tracks. (17)
18
2/20/89
.
Council Member Flores made a motion, seconded by
Counc i 1 Member Mi ller and unan imous ly carr ied, tha t the
Negative Declaration for Public Works Project No. 88-18,
improvement of grade crossing for "F" Street on A.T. &
S.F. Railroad, be adopted.
Council Member Flores made a motion, seconded by
Council Member Miller and unanimously carried, that a
finding be made that the improvement of grade crossing on
"F" Street is consistent with the Interim Policy Document.
(This item was discussed later in the meeting) -
(See Page 23 ).
AUTHORIZATION TO SUBMIT - FISCAL YEAR 1990-94
LOCAL TRANSPORTATION IMPROVEMENT PROGRAM (TIP)
TO SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG)
In a memorandum dated February 7, 1989, Roger
Hardgrave, Director of Public Works/City Engineer, stated
that forms have been distributed by SANBAG for listing
highway projects, for their eligibility for Federal-Aid
Funds during Fiscal Year 1990/94. (18)
.
Council Member Flores made a motion, seconded by
Counc i 1 Member Mi ller and unanimously carr ied, that the
proposed Local Transportation Improvement Program (TIP),
for Fiscal Year 1990 through 1994, be approved; and that
the Director of Public Works/City Engineer be authorized
to submit the Transportation Improvement Program (TIP) to
San Bernardino Associated Governments (SANBAG) for
adoption.
STREET VACATION - ATLANTIC AVENUE WEST OF
PALM AVENUE - CROSSTOWN FREEWAY -
AUTHORIZATION TO PROCEED
In a memorandum dated January 25, 1989, Roger
Hardgrave, Director of Public Works/City Engineer, stated
that a request was received from the State of California,
Department of Transportation, to vacate a portion of
Atlantic Avenue, west of Palm Avenue, in conjunction with
the on-going development of the Crosstown Freeway.
(19)
Council Member Flores made a motion, seconded by
Council Member Miller and unanimously carried, that the
Director of Public Works/City Engineer and the City Clerk
be authorized to proceed with the proposed vacation of a
portion of Atlantic Avenue, west of Palm Avenue, and that
Plan No. 7692, be approved.
.
19
2/20/89
I
.
APPROVAL OF CDBG PROGRAM MIX FOR FY 1989/90
In a memorandum dated February 7, 1989, Kenneth J.
Henderson, Director of Community Development, stated that
staff received notification from the U.S. Department of
Housing and Urban Development (HUD) that the FY 1989/90
Community Development Block Grant (CDBG) allocation will
be $1,724,000. (20)
Based on this information, staff developed the
following Program Mix taking into account prior Council
actions and current Community Development needs:
Category
Proposed FY 1989/90
Public Services
(includes Fair Housing)
Capital Improvements
Rehabilitation Loans
Employment Linkage
Demolition
Infill Housing
Appropriated Reserve
Administration
$
258,600
631,600
150,000
-0-
-0-
-0-
339,000
344,800
.
Total
$1,724,000
Council Member Flores made a motion, seconded
Council Member Miller and unanimously carried, that the
1989/1990 Community Development Block Grant Program Mix
approved and adopted; and tha t staff be author i zed
solicit proposals for same.
by
FY
be
to
VERDEMONT AREA FINANCING STRATEGY -
TIMING AND ISSUANCE OF GRADING AND BUILDING PERMITS
In a memorandum dated February 10, 1989, Kenneth J.
Henderson, Director of Community Development, stated that
at the Council meeting of February 6, 1989, a financing
strategy for certain public improvements in the Verdemont
Area was approved and adopted. A report outlining the
strategy regarding the timing and the issuance of grading
and building permits was requested to be submitted to the
Mayor and Common Council at the February 20, 1989, Council
meeting. A continuance of the matter to March 13,1989,
was suggested. (21)
.
Council Member Flores made a motion, seconded by
Council Member Miller and unanimously carried that the
matter of timing and permit issuance relating to the
Verdemont Area Financing Strategy be continued to March
13, 1989, at 9:00 a.m., in the Council Chambers of City
Hall, 300 North "0" Street, San Bernardino, California.
20
2/20/89
.
CLAIMS AND PAYROLL
Council Member Flores made a motion, seconded by
Council Member Miller and unanimously carried, that the
claims and payrolls, and the authorization to issue
warrants as listed on the memorandum dated February 9,
1989, from the Director of Finance, be approved. (22)
STREET ENCROACHMENT - SOUTH OF WATERMAN AVENUE -
PURE BRED AUTO BROKERS, INC. - REQUEST FOR
AUTHORIZATION
In a memorandum dated January 25, 1989, Roger
Hardgrave, Director of Public Works/City Engineer, stated
that Pure Bred Auto Brokers, Inc., located at 333 South
Waterman Avenue, submitted an application to improve the
display area of their business by installing a 5-foot
wrought iron fence and 5 ornamental light standards within
the street right-of-way. These items would be installed
at the rear of the 5-foot planting area, and would not
interfere with the public's use of the street
right-of-way. (8)
.
In a letter dated January 25,1989, Harry J. Iesberts
of Pure Bred Auto Brokers, Inc., requested the encroach-
ment permit and provided pictures of the proposed
lighting.
A discussion ensued regarding whether the
request to install a 5-foot wrought iron
consistent with the Interim Policy Document.
applicant's
fence was
John Hoeger, Development Specialist for the
Redevelopment Agency, answered questions regarding the
imposition of standards for landscaping and street land-
scaping along Waterman Avenue.
City
clause for
agreement.
Attorney
30, 60,
Penman
90 days
stated
can be
that a cancellation
incorporated into the
Roger
businesses
permits.
Hardgrave answered questions regarding how many
have received approval for encroachment
A
problems
Waterman
discussion ensued regarding
if the City decides to widen
Avenue.
possible
the street
future
along
Roger Hardgrave stated that he does not anticipate
widening Waterman Avenue in the next 20 years.
.
21
2/20/89
.
City Attorney Penman answered questions regarding a
release of liability clause being placed in the contract.
Council Member Estrada made a motion, seconded by
Council Member Reilly and unanimously carried, that the
request for authorization to encroach into the street
right-of-way, for a wrought iron fence and ornamental
light standards be approved in principle; and that the
City Attorney be directed to prepare the standard form
License Agreement.
ENCROACHMENT PERMIT - MACKAY STREET, EAST OF
"E" STREET - MONUMENT SIGN IN MEDIAN - CENTURY HOMES
In a letter dated October 21, 1988, Jerry McCue,
Project Director for Century Homes, requested an
encroachment permit to construct a monument sign in the
curbed median in MacKay Street, east of "E" Street.
(9 )
.
In a memorandum dated February 2, 1989, Roger
Hardgrave, Director of Publ ic Works/Ci ty Eng ineer,
explained that the Federal Highway Administration policy
requires the elimination of obstructions within medians
such as left-turn traffic signals, guard posts, air
valves, etc. The installation of a cast concrete monument
sign would not be in accordance with this policy.
City Engineer Hardgrave answered questions regarding
other planned developments for the property located on
McKay Street.
A discussion ensued regarding the best location for
placement of the monument sign and the setting of con-
sistent standards for monument signs throughout the City.
MAYOR WILCOX EXCUSED
At 3:20 p,m., Mayor wilcox left the Council Meeting.
Council Member Miller made a motion, seconded by
Council Member Minor and unanimously carried, that the
request for an encroachment permit for construction of a
monument sign in the median on MacKay Street, east of "E"
Street, be granted, with the responsibility for land-
scaping the median and its maintenance being that of the
owner of the sign; and that the City Attorney be directed
to prepare a License Agreement.
.
22
2/20/89
.
PERRIS HILL PARK - SENIOR CITIZENS CENTER -
APPROVAL AND ACCEPTANCE OF WORK PER PLAN NO. 7298 -
MCLAUGHLIN CONSTRUCTION, INC.
In a memorandum dated February 8, 1989, Roger
Hardgrave, Director of Public Works/City Engineer, stated
that all work under contract with McLaughlin Construction,
Inc., for construction of the Senior Citizens Center in
perris Hill Park was satisfactorily completed as of
January 31, 1989. The final actual contract price is
$728,394.88. (10)
Council Member Reilly, made a motion, seconded by
Council Member Estrada and unanimously carried, that the
work performed by the contractor for construction of the
Senior Citizens Center in Perris Hill Park, in accordance
with Plan No. 7298, be approved and accepted; and that
final payment be authorized at the expiration of the lien
period.
.
RECONSIDERATION OF ITEM 17 - GRADE CROSSING
IMPROVEMENTS - "F" STREET AT A.T. & S.F.
RAILROAD - NEGATIVE DECLARATION - FINDING OF
CONSISTENCY WITH INTERIM POLICY DOCUMENT
(See Page 18 )
Council Member Flores made a motion, seconded by
Council Member Estrada and unanimously carried, that this
item be reconsidered for discussion. (17)
Roger
Engineer,
taken to
crossing
Streets.
Hardgrave, 0 irector of Publ ic Works/Ci ty
answered questions, stating that the action
adopt the Negative Declaration for this grade
does not authorize closure of Broadway and Main
Council Member Flores made a motion, seconded by
Council Member Estrada and unanimously carried, that the
Negative Declaration for Public Works Project No. 88-18,
improvement of grade crossing for "F" Street on A.T. &
S.F. Railroad, be adopted.
Council Member Flores made a motion, seconded by
Council Member Estrada and unanimously carried, that a
finding be made that the improvement of grade crossing on
"F" Street is consistent with the Interim Policy Document.
.
PERSONNEL ACTIONS
Council Member Flores made a motion, seconded by
Council Member Maudsley and unanimously carried, that
Personnel Actions submitted by the Director of Personnel,
in accordance with all administrative regulations of the
City of San Bernardino, be approved as amended as follows:
(23 )
23
2/20/89
.
Item #5 Gloria Hurt, ID Technician I, Police
Department, Promotion Effective Date should be 2/21/89,
Item #11 - James E. Robbins title should be Acting
City Administrator.
COUNCIL MEMBER FLORES EXCUSED
Council Member Flores left the Council Meeting.
SUSAN L. SMITH HARTMANN ROGERS
Susan L. Smith Hartmann Rogers spoke, stating that
she disagreed with having the next Council meeting on
March 13, 1989.
COUNCIL MEMBER FLORES RETURNED
Council Member Flores returned to the Council Meeting
and took his place at the Council Table.
.
COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT
AGENCY - REGULAR MEETING - CONTINUED FROM EARLIER
IN THE MEETING (See Page 6 )
The Regular Meeting of the Community Development
Commission/Redevelopment Agency was called to order by
Mayor Pro Tempore Minor in the Council Chambers of City
Hall, 300 North "0" Street, San Bernardino, California.
Community Development Commission/Redevelopment Agency
matters were discussed.
READING AND WAIVING OF RESOLUTION
City Clerk Clark read the title of the resolution on
the Supplemental Agenda.
Council Member Miller made a motion, seconded by
Council Member Reilly and unanimously carried, that
further reading of the resolution be waived.
RES. 89-37 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF A FIRST AMENDMENT TO AGREEMENT
WITH THE MORE ATTRACTIVE COMMUNITY
FOUNDATION, INC., FOR STREETSCAPE DESIGN
SERVICES. (S-2)
Kenneth J. Henderson, Director of Community Develop-
ment, requested an extension in the term of the agreement
with the More Attractive Community Foundation, Inc., (MAC)
through June 30, 1989.
.
24
2/20/89
.
Council Member Miller made a motion, seconded by
Council Member Reilly, that said resolution be adopted.
Resolution No. 89-37 was
vote: Ayes: Council Members
Maudsley, Minor, Pope-Ludlam,
Absent: None.
adopted
Estrada,
Miller.
by the following
Reilly, Flores,
Noes: None.
COUNCIL MEMBER ESTRADA EXCUSED
Council Member Estrada left the Council Meeting.
APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS'
DECISION TO DEMOLISH 528 NORTH "H" STREET -
DR. H.S. LEE, OWNER
This is the time and place set for an appeal hearing
requested by Dr. Hank S. Lee, property owner, 904 26 th
Street, Haleyville, Alabama, concerning charges resulting
from the Board of Building Commissioner's order to
demolish the building at 528 North "H" Street. (25)
.
In a memorandum dated February 8, 1989, James
Richardson, Acting Director of Building and Safety, stated
that on January 6, 1989, a hearing of the Board of
Building Commissioners was conducted concerning abatement
of a nuisance regarding property located at 528 North "H"
Street. The property was boarded up by the City, as it
was open and vacant, incurred fire damage, had inadequate
foundation and floors for kitchen and bedroom, broken or
missing exterior siding, junk and debris through out the
facility. The cost incurred by the City for board up and
other expenses is $3,077.90.
In a letter dated January 9, 1989, Dr. Hank S. Lee,
904 26th Street, Haleyville, Alabama 35565, requested
tha t the fees of $ 3,077.90 be wa i ved. He sta ted tha t he
bought the property on October 5, 1988, and feels that he
is not responsible for the costs.
Mayor Pro Tempore Minor opened the hearing.
James Richardson,
Safety, distributed
information concerning
Acting Director
pictures and
the proper ty.
of Building and
gave background
In a letter dated February 17, 1989, Dr. Lee
requested a continuance of the appeal as he needed more
time to make arrangements since he lives out of state.
Subsequent to this letter, however, he made arrangements
for representation.
.
25
2/20/89
.
Bruce Makuzuki, Architect, representing Dr. Hank Lee,
sta ted tha t Dr. Lee purchased the property on October 5,
1988, and was not aware of the condition of the property.
He stated that Mr. Lee was never notified of the
condition of the building until after the abatement had
occurred. The previous owner of the property never
notified Mr. Lee of the notices sent by the Building and
Safety Department. He further stated that Dr. Lee wishes
to rehabilitate the property.
James Richardson answered questions regarding the
filing date for the Notice of Pendency and the date the
proper ty was purchased. He adv ised tha t any disagreement
between the previous and present property owners be
settled by them.
A discussion ensued regarding whether or not there
are provisions to waive the fees incurred for the abate-
ment of the property.
.
Council Member Reilly
Council Member Maudsley and
appeal hearing be closed.
made a motion, seconded by
unanimously carried, that the
Council Member Flores made a motion, seconded by
Council Member Reilly, that the action of the Board of
Building Commissioners' Resolution No. 1257 directing
repair within sixty (60) days or demolish the property be
affirmed; and that a lien in the amount of $3,077.90 for
costs incurred be placed on the property.
The motion carried by the following vote:
Council Members Reilly, Flores, Maudsley,
Pope-Ludlam. Noes: Counc i 1 Member Mi ller.
Council Member Estrada.
Ayes:
Minor,
Absent:
COUNCIL MEMBER ESTRADA RETURNED
Council Member Estrada returned
Meeting and took her place at the Council
to the
Table.
Council
ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST
ADDING CHAPTER 3.13 TO THE SAN BERNARDINO
MUNICIPAL CODE TO PROVIDE FOR THE WAIVER OR
REFUND OF FEES FOR CHARITABLE ORGANIZATIONS.
(42 )
City Clerk Clark read the title of the ordinance.
.
26
2/20/89
.
James Richardson, Deputy City Administrator/Develop-
ment, introduced Bob McBay, Director for the Lighthouse
for the Blind, who explained how this ordinance will aid
them in their current project.
City Attorney Penman answered questions, stating
there is no provision in the proposed ordinance
waiving the fees for underground utilities.
that
for
Mr. McBay stated that the Edison Company has no
problem with the fees for the undergrounding of utilities
being waived.
City Attorney Penman answered questions regarding the
provisions of the proposed ordinance. He advised that any
Council Members who are affiliated with a non-profit
organi za t ion that might request a wa i ver or refund of
fees, abstain from this item due to a possible conflict of
interest,
Council Member Estrada requested that the record show
that based upon the recommendation of the City Attorney,
she will abstain from voting on this item.
.
A discussion ensued regarding
in the ordinance to provide for the
undergrounding of utilities.
i ncl ud i ng a provi s ion
waiver of fees for the
Council Member Miller made a motion, seconded by
Council Member Reilly, that the ordinance be laid over for
final passage as amended to include underground utility
costs by a non-profit charitable organization.
The motion carried by the following vote:
Council Members Reilly, Flores, Maudsley,
Pope-Ludlam, Miller. Noes: None. Absent: None.
Council Member Estrada.
Ayes:
Minor,
Abstain:
RECESS MEETING
At 5:00 p.m., Mayor Pro Tempore Minor called a
five-minute recess.
RECONVENE MEETING
At 5:10 p.m., Mayor Pro Tempore Minor 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.
.
27
2/20/89
.
ROLL CALL
Roll Call was taken
following being present:
Members Estrada, Reilly,
City Attorney Penman,
Administrator Robbins.
Member Pope-Ludlam.
by Ci ty Clerk Clark wi th the
Mayor Pro Tempore Minor; Council
Flores, Maudsley, Minor, Miller;
City Clerk Clark, Acting City
Absent: Mayor Wilcox, Council
PUBLIC HEARING - STREET CLOSURE - TIPPECANOE
AVENUE & MILL STREET - NORTON AIR FORCE BASE -
BOUNDARY OF BALLISTIC MISSILE OPERATIONS
COMPLEX - CONTINUED FROM JANUARY 17, 1989
This is the time and place continued to for a public
hearing concerning the closure of Tippecanoe Avenue and
Mill Street at the boundaries of the Ballistic Missile
Operations Complex, Norton Air Force Base. (24)
.
RESOLUTION OF THE CITY OF SAN BERNARDINO
DETERMINING THAT PORTIONS OF TIPPECANOE
AVENUE, FROM THE SOUTH BOUNDARY OF THE
BALLISTIC MISSILE OPERATION COMPLEX TO MILL
STREET, AND MILL STREET, FROM THE WEST
BOUNDARY OF THE BALLISTIC MISSILE OPERATIONS
COMPLEX TO TIPPECANOE AVENUE, ARE NOT
PRESENTLY NEEDED FOR VEHICULAR ACCESS, (24)
In a memorandum dated January 10, 1989, Roger
Hardgrave, Director of Public Works/City Engineer, stated
that a detailed traffic study has been prepared and that
the study confirmed the conclusion of the preliminary
study that the closure of Tippecanoe Avenue and Mill
Street will not have a significant impact upon traffic
circulation in the area.
In a letter dated February 15, 1989, Mr. William E.
Leonard, P.O. Box 1367, San Bernardino, California, urged
the Mayor and Common Council to approve the request from
Colonel Brooke Bailey to close portions of Tippecanoe
Avenue and Mill Street adjacent to the Ballistic Missile
Office on a temporary basis.
City Attorney Penman stated that the City has not yet
received the agreement from the Air Force Counsel.
A discussion ensued regarding whether or not
this item until further notification from the Air
received or to continue the matter to another
Meeting.
to table
Force is
Council
.
28
2/20/89
1--
.
Ci ty Clerk Clark advised that tabling the matter
would entail readvertising of the hearing.
Council Member Estrada made a motion, seconded by
Council Member Minor and unanimously carried, that the
hearing and resolution be continued to March 20, 1989, for
more information from the United States Air Force.
READING AND WAIVING OF RESOLUTIONS
City Clerk Clark read the titles of all the remaining
resolutions on the Council and Supplemental Agendas.
Council Member Flores made a motion, seconded
Council Member Reilly and unanimously carried,
further reading of the resolutions be waived,
by
that
.
RESOLUTION OF THE CITY OF SAN BERNARDINO
RENEWING THE COMMITMENT TO COMPLETE
DEVELOPMENT OF THE PATTON PARK PROPERTY AND
TO DESIGNATE THE PARK DEVELOPMENT FEE FUND,
AND THE CITY'S ALLOCATIONS THROUGH STATE
AND/OR FEDERAL PARK DEVELOPMENT FUNDS AS
POTENTIAL SOURCES FOR FUNDING THE COMPLETION.
(Continued From January 17, 1989) (26)
(This item was later reconsidered) - (See Page 31
Council Member Reilly made a motion, seconded by
Council Member Miller, that said resolution be adopted.
The above resolution was
vote: Ayes: Counc i 1 Member s
Maudsley, Minor, Miller. Noes:
Member Pope-Ludlam.
adopted by the following
Estrada, Reilly, Flores,
None. Absent: Council
Council Member Reilly made a motion, seconded by
Council Member Miller, that the following resolutions be
adopted:
RES. 89-38 - RESOLUTION OF THE CI'rY OF SAN
BERNARDINO ESTABLISHING THE PRIVILEGES OF
VOTERS AS SET FOR IN THE CONDUCT OF ELECTIONS
CODE. (28)
RES. 89-39 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH THE INLAND EMPI RE OPERA
ASSOCIATION FOR THE PROMOTION OF ARTS AND
CULTURE. (30)
.
29
2/20/89
.
Resolution Nos. 89-38 and 89-39 were adopted by the
following vote: Ayes: Council Members Estrada, Reilly,
Flores, Maudsley, Minor, Miller. Noes: None. Absent:
Council Member Pope-Ludlam.
RES. 89-40 - RESOLUTION OF THE CITY OF SAN
BERNARDI NO AUTHORIZ ING THE EXECUT ION 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 $38,000 OVER THE TERM
OF THIS AGREEMENT. (27)
City Attorney Penman answered questions regarding
whether or not the San Bernardino Convention and Visitors
Bureau can sign the agreement without proof of non-profit
status.
COUNCIL MEMBER POPE-LUDLAM ARRIVED
Council Member Pope-Ludlam arrived
Meeting and took her place at the Council
at the
Table.
Council
.
James Richardson, Deputy
ment Services, stated that
non-profit status with the
plained that under Section
the agreement shall not take
executed by both parties.
City Administrator/ Develop-
the Bureau has applied for
Secretary of State. He ex-
2 of the proposed resolution
effect until fully signed and
Council Member Reilly made a motion, seconded by
Council Member Maudsley, that said resolution be adopted.
Council Member Miller made a substitute motion that
this item be continued until the City receives proof of
non-profit status from the San Bernardino Convention and
Visitors Bureau.
Counc i 1 Member Mi ller 's mot i on died for lack of a
second,
Ann Harris of Main Street Inc., stated that the
Board of Directors is in place for the San Bernardino
Convention and Visi tors Bureau. They are wai ting for
approval from the Secretary of State's Office regarding
their non-profit status. She explained that Main Street
has been funding the bureau's expenses.
.
Council Member Reilly made a revised
by Council Member Maudsley, that the
adopted subject to the San Bernardino
Visitors Bureau receiving its non-profit
Secretary of State,
motion,seconded
resolution be
Convention and
status from the
30
2/20/89
.
Resolution No. 89-40 was adopted with the above
stipulation by the following vote: Ayes: Council Members
Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam,
Miller. Noes: None. Absent: None.
RES. 89-41 - RESOLUT ION OF THE CITY OF
BERNARDINO AUTHORIZING AND DIRECTING
EXECUTION OF A PLAN OF FENCE CONSTRUCTION
THE SAN BERNARDINO GOLF COURSE.
SAN
THE
FOR
(29 )
City Attorney Penman answered
maintenance responsibilities of the
Course.
questions regarding
San Bernardino Golf
City Clerk Clark answered questions regarding the
type of fence to be installed and provided background
information concerning this case.
Council Member Flores made a motion, seconded by
Council Member Maudsley, that said resolution be adopted.
.
Resolution No. 89-41 was
vote: Ayes: Counc i 1 Members
Maudsley, Minor, Pope-Ludlam,
Absent: None.
adopted
Estrada,
Miller.
by the following
Reilly, Flores,
Noes: None.
RECONSIDERATION OF RESOLUTION - RENEWING
COMMITMENT TO COMPLETE DEVELOPMENT OF THE
PATTON PARK PROPERTY.
Council Member Reilly made a motion, seconded by
Council Member Miller and unanimously carried, that the
following resolution adopted earlier in the meeting, be
reconsidered. (See Page 29) (26)
RESOLUTION OF THE CITY OF SAN BERNARDINO
RENEWING THE COMMITMENT TO COMPLETE
DEVELOPMENT OF THE PATTON PARK PROPERTY AND
TO DESIGNATE THE PARK DEVELOPMENT FEE FUND,
AND THE CITY'S ALLOCATIONS THROUGH STATE
AND/OR FEDERAL PARK DEVELOPMENT FUNDS AS
POTENTIAL SOURCES FOR FUNDING THE COMPLETION.
A discussion ensued regarding the wording of the
resolution.
.
31
2/20/89
.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Miller and unanimously carried, that said
resolution be continued to Monday, March 13, 1989, at 9:00
a.m., in the Council Chambers of City Hall, 300 North "0"
Street, San Bernardino, California, in order to allow time
for the State to provide the correct wording on the fund-
ing process to be used.
Council Member Miller made a motion, seconded by
Council Member Pope-Ludlam, that the following resolutions
be adopted:
RES. 89-42 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH THE SAN BERNARDINO VALLEY
COMMUNITY CONCERT ASSOCIATION FOR THE
PROMOTION OF ARTS AND CULTURE. (31)
RES. 89-43 RESOLUTION ELECTING TO BE
SUBJECT TO PUBLIC EMPLOYEES' MEDICAL AND
HOSPITAL CARE ACT ONLY WITH RESPECT TO
MEMBERS OF A SPECIFIC EMPLOYEE ORGANIZATION. (33)
.
RES. 89-44 - RESOLUTION OF THE CITY OF SAN
BERNARDINO QUITCLAIMING THAT CERTAIN SEWER
EASEMENT LOCATED SOUTH OF VALLEY STREET AND
WEST OF ALLEN STREET IN THE CITY OF SAN
BERNARDINO, TO MARJORIE JANE SWANSON,
MARGARET JEAN BODDEN, RICHARD C. HUGHES AND
PRISCILLA G. HUGHES. (34)
RES. 89-45 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO TIMOTHY J.
FERRIE COMPANY FOR CONSTRUCTION OF
IMPROVEMENTS TO POLICE PISTOL RANGE AT PERRIS
HILL PARK, PHASE I. (35)
RES. 89-46 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO PACIFIC
FENCE COMPANY FOR CONSTRUCTION OF CHAIN LINK
BACKSTOP FOR BARTA SENIOR FIELD, AT BLAIR
PARK. (36)
Resolution Nos. 89-42, 89-43, 89-44, 89-45, and
89-46 were adopted by the following vote: Ayes: Council
Members Estrada, Reilly, Flores, Maudsley, Minor,
Pope-Ludlam, Miller. Noes: None. Absent: None.
.
32
2/20/89
.
Council Member Flores
Council Member Miller, that
adopted:
made a motion, seconded by
the following resolutions be
RES. 89-47 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO DAART
ENGINEERING COMPANY FOR INSTALLATION OF FIRE
SPRINKLERS IN CITY HALL. (37)
RES. 89-48 - RESOLUT ION OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO STEINY AND
COMPANY, INC., FOR INSTALLATION OF TRAFFIC
SIGNALS AT 40TH STREET AND MT. VIEW AVENUE. (38)
RES. 89-49 - RESOLUT ION OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO INLAND
EMPIRE WHITE GMC FOR THE FURNISHING AND
DELIVERY OF TWO (2) FRONT LOADER REFUSE
TRUCKS, TO BE UTILIZED BY THE PUBLIC SERVICES
DEPARTMENT IN ACCORDANCE WITH BID
SPECIFICATION F-89-17. (39)
.
RES. 89-50 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO INLAND
EMPIRE WHITE GMC FOR THE FURNISHING AND
DELIVERY OF TWO (2) ROLL-OFF TRUCKS, 20 TO 40
CUBIC YARD CAPACITY, TO BE UTILIZED BY THE
PUBLIC SERVICES DEPARTMENT IN ACCORDANCE WITH
BID SPECIFICATION F-89-18. (40)
Resolution Nos. 89-47, 89-48, 89-49 and 89-50 were
adopted by the following vote: Ayes: Council Member
Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam,
Miller. Noes: None. Absent: None.
Council Member Flores
Council Member Miller, that
adopted:
made a motion, seconded by
the following resolutions be
RES. 89-51 - 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 STAGE-
COACH AIRPORTER IN THE AMOUNT OF $50,000. (S-3)
RES. 89-52 - 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 DESIGN
BY MONGE IN THE AMOUNT OF $35,000. (S-4)
.
33
2/20/89
.
Resolution Nos. 89-51 and 89-52 were adopted by the
following vote: Ayes: Council Members Estrada, Reilly,
Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None.
Absent: None.
CONTRACT - INSTALLATION OF A 200 AMP SUBPANEL -
FAMILY SERVICE AGENCY, INC.- CHANGE ORDER NO.1 -
CLYDE THOMPSON CONSTRUCTION
In a memorandum dated February 16, 1989, Kenneth
Henderson, Director of Community Development, stated that
the 100 amp service for the Family Service Agency, Inc.,
is not up to code and will not handle the 200 amp subpanel
specified for the building rehabilitation. The work
order is under contract with Clyde Thompson Construction.
(S-l)
Council Member Pope-Ludlam made a motion, seconded by
Council Member Miller and unanimously carried, that Change
Order No. 1 to the contract with Clyde Thompson Construc-
tion, for the office building rehabilitation project in
the amount of $1,347.00, be approved, for a total con-
tract amount of $21,347.00.
.
ORD. MC - 652 - ORDINANCE OF THE CITY OF SAN
BERNARDINO AMENDING SECTIONS 2.17.040 AND
2.44.020 OF THE SAN BERNARDINO MUNICIPAL CODE
TO PROVIDE FOR EXCEPTIONS TO THE REQUIREMENTS
FOR APPOINTMENT TO COMMISSIONS SO THAT A
MEMBER OF THE CEMETERY COMMISS ION NEED NOT
RESIDE IN THE WARD OF HIS OR HER NOMINATING
COUNCIL MEMBER. (41)
City Clerk Clark read the title of the ordinance.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Maudsley, that further reading of the
ordinance be waived and that said ordinance be adopted.
Ordinance MC-652 was adopted by the following vote:
Ayes: Council Member Estrada, Reilly, Flores, Maudsley,
Minor, Pope-Ludlam, Miller. Noes: None. Absent: None.
GENERAL OBLIGATION BOND BLUE RIBBON-
COMMITTEE REPORT
In a memorandum dated February 6, 1989, Edward
Wheeler, Chairman of the General Obligation Bond Blue
Ribbon Committee, stated that at their meeting of February
2, 1989, the Committee had begun to evaluate options for
financing the capi tal improvements which were previously
identified. (44)
.
34
2/20/89
.
Chairman Wheeler reported that a discussion ensued
regarding the absence of Council representatives from
Wards 4, 5 and 6 and whether the i r absence ind icated a
reluctance to support the Committee's efforts.
Chairman Wheeler stated that the General Obligation
Bond Commi ttee members had agreed to rev iew all proposed
projects which were included in the original General
Obligation Bond issue recommendation before recommending
any actions to the Mayor and Common Council. It is
anticipated by the Committee to complete the review within
a month of their next meeting and provide a revised
General Obligation Bond recommendation to the Council for
their consideration.
Council Member Miller made a motion, seconded by
Council Member Reilly and unanimously carried, that the
General Obligation Bond Blue Ribbon Committee be directed
to continue to evaluate financing mechanisms for funding
the capital improvement needs which having been identified
with the intent of recommending a general obligation bond
issue on an upcoming ballot; and that Wards 4, 5 and 6
appoint members to serve on the Commi ttee in order to
ensure representation throughout the City,
.
RECESS MEETING - CLOSED SESSION
At 5:40 p.m., Council Member Flores made a motion,
seconded by Council Member Miller and unanimously carried,
that the Common Council recess to Closed Session pursuant
to the following Government Code Sections:
54957.6 to meet with its designated representatives
regarding labor relations matters (Police & Fire);
(48 )
54957 to consider personnel matters;
(49 )
54956.9 (b) (1) to confer
pending litigation, as there
litigation;
with its attorney regarding
is significant exposure to
(50 )
54956.9 (c) to
pending litigation,
initiate litigation;
confer with its attorney
so that council may decide
regarding
whether to
(51)
54956.9 (a) to
pending litigation
which the City is a
confer with its attorney regarding
which has been initiated formally to
party as follows: (52&S-5)
.
City of San
Management, I nc. ,
Case No. 238755;
Bernardino vs. California Construction
et al - San Bernardino Superior Court
35
2/20/89
.
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 Bernard i no Super i or Court Case No. 239714 and Case
No. 239649;
City of
Club, Inc.
239193;
San Bernardino vs. San Bernardino Baseball
San Bernardino Superior Court Case No.
Stubblefield Construction Company, et al vs. City of
San Bernardino, et al - San Bernardino Superior Court Case
No. 232998;
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. City of San Bernardino San
Bernardino Superior Court Case No. 241692;
Barratt, Inc. , vs. City of San Bernardino San
Bernardino Superior Court Case No. 242433;
John H. Hendricksen vs. City of San Bernardino -San
Bernardino Superior Court Case No. 234384;
Catlett vs. City of San Bernardino - San Bernardino
Superior Court Case No. 243182;
Adkins vs. City of San Bernardino - San Bernardino
Municipal Court Case No. 109709;
City of San Bernardino vs. County of San Bernardino _
San Bernardino Superior Court Case No. 242168;
County of San Bernardino, et al vs. South Coast Air
Qual i ty Management 0 i str ict, et al Court of Appeal,
Fourth Appellate District, Division Two Case No. E4562.
Rowan vs. City of San Bernardino, et al San
Bernardino Superior Court Case No. 236757.
.
36
2/20/89
.
CLOSED SESSION
At 5:40 p.m., Mayor Pro Tempore Minor called
Closed Session to order in the Conference Room of
Council Chambers in City Hall, 300 North "D" Street,
Bernardino, California.
the
the
San
ROLL CALL
Roll Call was taken with the following being present:
Mayor Pro Tempore Minor; Council Members Estrada, Reilly,
Flores, Maudsley, Minor, Pope-Ludlam, Miller; City
Attorney Penman, City Clerk Clark, Acting City
Administrator Robbins. Absent: Mayor Wilcox.
ADJOURN CLOSED SESSION
At 7:30 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 7: 30 p.m., Mayor Pro Tempore Minor called the
meeting 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 Pro Tempore Minor; Council Members Estrada,
Maudsley, Minor, Miller; City Attorney Penman, City Clerk
Clark, Acting City Administrator Robbins. Absent: Mayor
Wilcox; Council Members Reilly, Flores, Pope-Ludlam.
STATION NO. 10 - TOXIC WASTE CLEAN-UP -
AUTHORIZATION FOR PAYMENT
Council Member Minor made a motion, seconded by
Council Member Miller and unanimously carried, that the
Mayor and Common Council authorize payment of $22,160.00
to clean up the toxic waste at Station No. 10. (51)
RECESS MEETING
At 7: 30 p.m., Council Member Minor made a motion,
seconded by Council Member Miller and unanimously carried,
that the meeting recess to 9:00 a.m., Monday, March 13,
1989, in the Council Chambers of City Hall, 300 North "0"
Street, San Bernardino, California. (53)
~~/2(/7'?~d.
City Clerk
.
No. of Items:
No. of Hours:
65
9hrs. 15 min.
37
2/20/89