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Home My WebLink About07-20-1987 Minutes City of San Bernardino, California July 20, 1987 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Pro Tempore Miller at 9:09 a.m., Monday, July 20, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Estrada. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Pro Tempore Miller; Coun- cil Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; City Clerk Clark; City Administrator Schweitzer. Absent: Mayor Wilcox; Council Member Pope-Ludlam; City Attorney Penman. BRIEF COMMENTS BY GENERAL PUBLIC - POLICE SUBSTATION - 10TH STREET AND MEDICAL CENTER DRIVE Othella Overton, Vice Chairperson of the Delmann Heights Steering Committee, and Alveria Taylor, a member of the Delmann Heights Steering Committee, spoke on behalf of their neighborhood in support of maintaining the police substation located at 10th Street and Medical Center Drive. (A) A petition dated June 25, 1987, requesting that the pOlice substation program be included in the City's Budget for the Fiscal Year 1987/88, was presented to the Mayor and Cornmon Council. BRIEF COMMENTS BY GENERAL PUBLIC - AWARENESS TRAINING PROGRAM - ACCESSIBILITY FOR DISABLED PERSONS Robert Neves, 3771 Aspen Drive, invited participation in the Awareness Training Program for City staff, in order to make them more aware of the needs of and State requirements for accessibility for disabled persons. This training is to be conducted July 27 and 28, 1987, in the Management Information Center (MIC Room), Sixth Floor, City Hall, 300 North "0" Street, San Bernardino, Cali- fornia. (A) MAYOR WILCOX AND COUNCIL MEMBER POPE-LUDLAM ARRIVED At 9:15 a.m., Mayor wilcox and Council Member Pope- Ludlam arrived at the Council Meeting, and took their places at the Council Table. BRIEF COMMENTS BY GENERAL PUBLIC - DOG TRAINING Eugene Palmer, 17349 Reed Street, Fontana, spoke regarding costs involved in operating the Animal Shelter. (A) Mr. Palmer, a professional dog trainer, prepared a dog training program for unclaimed dogs in order that they may be sold by the Animal Shelter. Mayor wilcox requested that Mr. Palmer give City Administrator Schweitzer a copy of his dog training pro- gram for review by the Animal Commission. 1 7/20/87 PRESENTATIONS There were no presentations to be made at the meet- ing. (B) APPOINTMENT - SEVENTH WARD In a memorandum dated July 1, 1987, Mayor wilcox requested the appointment of Russell E. Lackner, 249 E. Edgehill Road, San Bernardino 92404, to the Community Television Commission, representing the Seventh Ward. (C) Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that the appointment of Russell E. Lackner to the Community Tele- vision Commission, as requested by Council Member Miller, be approved. APPOINTMENT - SEVENTH WARD In a memorandum dated July 2, 1987, Mayor Wilcox requested the appointment of Dave Light, 1165 E. 27th Street, San Bernardino 92404, to the Cemetery Commission, representing the Seventh Ward. (C) Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that the appointment of Dave Light to the Cemetery Commission, as requested by Council Member Miller, be approved. City Clerk Clark gave the Oath of Office to Commis- sioner Dave Light of the Cemetery Commission. APPOINTMENT - SIXTH WARD In a memorandum dated July 2, 1987, Mayor wilcox requested the appointment of Barbara Nettles, 2204 Hanford Court, San Bernardino 92411, to the Police Commission, representing the Sixth Ward. (C) Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly and unanimously carried, that the appointment of Barbara Nettles to the Police Commission, as requested by Council Member Pope-Ludlam, be approved. City Clerk Clark gave the Oath of Office to Commis- sioner Nettles of the Police Commission. APPOINTMENT - FIFTH WARD In a memorandum dated July 16, 1987, Council Member Minor requested the appointment of Joe Rivera, 2776 Mus- cupiabe Drive, San Bernardino 92405, to the Building Commission, representing the Fifth Ward. (S-4) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the appointment of Joe Rivera to the Building Commission, as requested by Council Member Minor, be approved. City Clerk Clark gave the Oath of Office to Commis- sioner Rivera of the Building Commission. APPOINTMENT - SEVENTH WARD In a memorandum dated July 16, 1987, Council Member Miller requested the appointment of H. Raymond Rager, 3076 N. Valencia Avenue, San Bernardino 92404, to the Fire Commission, representing the Seventh Ward. (S-4) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the appointment of H. Raymond Rager to the Fire Commission, as requested by Council Member Miller, be approved. 2 7/20/87 APPOINTMENT - SEVENTH WARD In a memorandum dated July 14, 1987, Mayor wilcox requested the appointment of Barbara Jacober, 508 E. Park- dale, San Bernardino 92404, to the Police Commission, representing the Seventh Ward. (S-4) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the appointment of Barbara Jacober to the Police Commission, as requested by Council Member Miller, be approved. City Clerk Clark gave the Oath of Office to Commis- sioner Jacober of the Police Commission. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. APPROVE MINUTES - JULY 6, 1987 Council Member Estrada 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 July 6, 1987, be amended on Page 2, to clarify that plans are underway for the construction of new facilities for the Lighthouse for the Blind, and that the minutes be approved as amended and submitted in typewritten form. (1) CLAIM - COUNTY OF SAN BERNARDINO - FINES COLLECTED FROM INDIVIDUALS CONVICTED OF MISDEMEANORS In a memorandum dated July 10, 1987, Ray Schweitzer, City Administrator, requested authority to submit a claim to the County of San Bernardino for a percentage of the fines collected by the County as a result of individuals convicted of misdemeanors. (2) Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the submission of a claim to the County of San Bernardino for a percentage of fines collected as a result of individuals convicted of misdemeanors, as provided for in Section 1463 of the Penal Code, be authorized. GENERAL PLAN REVISION - "GEO" MAPPING SYSTEM - MC DONNELL DOUGLAS - ACCEPTANCE OF REQUEST FOR PROPOSAL In a memorandum dated July 8, 1987, James Richardson, Deputy City Administrator, provided a management summary of a Request for Proposal of the geographically-based "geo" mapping system, which is an integral part of the work program submitted to the State Office of Planning and Research (OPR) for an extension of the completion date of the General Plan Revision. (3) James Richardson, Deputy Ci ty Administrator, recom- mended Configuration #2 of the Request for Proposal as the most beneficial to the City from a cost standpoint, and outlined some adjustments to Configuration #2. Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the Request for Proposal submitted by McDonnell Douglas for a geographically-based mapping system, be accepted, and that staff be directed to negotiate a contract for professional services (RFP) for approval by the Mayor and Common Coun- cil, based on a revised Configuration #2. COUNTY OF SAN BERNARDINO HOUSING SECTION 8 VOUCHERS - SECTION 213 In a memorandum dated July 9, Director of Community Development, AUTHORITY - LETTER 1987, Ken Henderson, stated that HUD has 3 7/20/87 made a preliminary commitment to the County of San Ber- nardino Housing Authority to allocate approximately 57 additional Section 8 Certificates and Vouchers to assist very low income families and senior citizens to secure affordable rental housing. (4) Section 213 of the Housing and Community Development Act requires that the County of San Bernardino Housing Authority gain approval of cooperating cities prior to submitting its application to HUD for allocation of Sec- tion 8 Vouchers. These vouchers would enable the City to remain in compliance with its goals pursuant to the CDBG Housing Assistance Plan. Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the Mayor be authorized to transmit a letter to the San Ber- nardino County Housing Authority approving the allocation of additional Section 8 Certificates to the Housing Authority on behalf of the City of San Bernardino. GENERAL PLAN - CITIZEN ADVISORY COMMITTEE - APPOINTMENTS - ALTERNATES RON COATS AND DR. ROLAND ROY In a memorandum dated July 8, 1987, Council Member Reilly stated that the nominations of Ron Coats and Dr. Roland Roy as alternates on the Citizen Advisory Commit- tee, were made by the General Plan Task Force to replace Richard Arden and James Cimino, who have decl ined to serve. (5) Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the nomination of the General Plan Task Force for the replace- ment of two alternates to the Citizens Advisory Committee (CAC) General Plan, Mr. Ron Coats and Dr. Roland Roy, be approved. OUT-OF-STATE TRAVEL - MIKEL PARK, FIRE DEPARTMENT - ANALYSIS OF FIRE PREVENTION PROGRAMS - NATIONAL FIRE ACADEMY, EMMITSBURG, MARYLAND In a memorandum dated July 1, 1987, Gerald Newcombe, Fire Chief, requested the approval of out-of-state travel for Mikel Park of the Fire Department, to the National Fire Academy in Emmitsburg, Maryland, for training August 17, through August 28, 1987. (8) Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that authorization for Mikel Park, Fire Department, to attend a Strategic Analysis of Fire Prevention Programs course at the National Fire Academy in Emmitsburg, Maryland, August 17, through August 28, 1987, be approved. POLICY - BUILDING PERMITS In a letter dated July 9, 1987, Mayor Wilcox directed John Tucker, Director of Building and Safety, regarding "courtesy" inspections given projects that have not been issued a formal building permit. (S-6) In a memorandum dated July 15, 1987, James Penman, City Attorney, recommended criteria to be used by the Building and Safety Department in the issuance of building permits. Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that: 4 7/20/87 1. the Building and Safety Department shall not issue permits on projects un- less: a. the Planning Commission has given final approval to the project and the deadline to file an appeal with the Mayor and Council has passed without an appeal being filed; or, b. the Mayor and Council has granted final approval to the project pursuant to an appeal from a Planning Commission decision. 2. that no project may commence, to any degree, unless a valid permit has been issued to and received by the applicant. That no City employee may authorize a project to begin construction, dig foot- ings, lay foundations or commence any work whatsoever, unless a valid permit has been issued. 3. that no "courtesy" inspections (in- spections of a project or partial work on a project that has not been granted a valid permit) shall be conducted by any City employee. POLICY - ENGINEERING PERMITS In a letter dated July 7, 1987, Mayor Wilcox directed Roger Hardgrave, Director of Public Works/City Engineer, regarding the issuance of grading permits for developments prior to the receipt of all final approvals and clear- ances. (S-7) In a memorandum dated July 15, 1987, James Penman, City Attorney, recommended criteria to be used by the Engineering Department relative to the issuance of per- mits. Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the City Engineering Department shall not issue grading per- mits or any other permits to applicants for permits unless one of the following has first occurred: a. that the Planning Commission has given final approval to the project and the deadline to file an appeal with the-Mayor and Council has passed without an appeal being filed; or, b. that the Mayor and Council has granted final approval to the project pursuant to an appeal from a Planning Commission deci- sion; or, c. if there is a contention that certain applicants' requests for permits are for projects that do not require Planning Commission approval, said application shall be approved by the City Attorney's Office before any permit is issued. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. PUBLIC HEARING SET - INCREASE IN MEDICAL TRANSPORTATION RATES In a memorandum dated June 24, 1987, Lee Gagnon, Business License Supervisor in the City Clerk's Office, 5 7/20/87 stated that the Bureau of Franchises reviewed and recom- mends an increase in ambulance service rates, as proposed by Courtesy Services of San Bernardino, and provided a comparison survey of ambulance rates in surrounding cities and in the County of San Bernardino. (6) James Penman, City Attorney, stated that the ordi- nance regarding ambulance service rates requires that the Bureau of Franchise make certain Findings of Fact before rates may be imposed or raised. Changes in the resolution regarding ambulance service rates are required in order to make it consistent with the ordinance. Shauna Clark, City Clerk, recommended that the pro- posed ambulance service rate changes be published in the notice of public hearing. Lee Gagnon, Business License Supervisor, stated that the next meeting date of the Bureau of Franchises is August 11, 1987. City Clerk Clark stated that notice of public hear- ings concerning ambulance service rate increases is pub- lished out of courtesy, not legal requirement. "The Sun" newspaper will publish the notice of hearing on August 14, 1987, if given the ad by August 12, 1987. Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that a public hearing be scheduled for the meeting of August 17, 1987, at 9:00 am., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to con- sider adopting the resolution to increase ambulance rates, and that the City Attorney be instructed to prepare the necessary resolution for adoption; also, that the City Clerk be authorized to publish notice of public hearing in "Block Ad format" in the San Bernardino Sun newspaper. STOP SIGN - PICO AVENUE AT MAGNOLIA AVENUE In a memorandum dated July 9, 1987, Council Member Pope-Ludlam requested the installation of a two-way stop sign on Pico Avenue at Magnolia Avenue. (7) The Mayor and Common Council discussed the neighbor- hood request for a stop sign on pico Avenue at Magnolia Avenue, and the review made by the Traffic Safety Commit- tee, which did not recommend the installation of the stop sign. James Penman, City Attorney, answered questions re- garding the City installing a stop sign, which does not meet state warrants. Council Member Maudsley made a motion, seconded by Council Member Estrada and unanimously carried, that the matter concerning the installation of a two-way stop sign on Pico Avenue at Magnolia Avenue, be continued to later in the meeting in order for review by the City Attorney. (See Page 28) RESTROOM/CONCESSION BUILDING - DEL VALLEJO JR. HIGH - CONTRACT - DUNCAN CONSTRUCTION, INC. In a memorandum dated July 8, 1987, Roger Hardgrave, City Engineer, stated that the contract with Duncan Con- struction, Inc. for the construction of the restroom/con- cession building at Del Vallejo Jr. High has been satis- factorily completed as of July 7, 1987. (9) 6 7/20/87 Ray Schweitzer, City Administrator, answered ques- tions regarding the amount of payment still due on the contract with Duncan Construction, Inc., as it is standard policy to withhold 10% of the contract price until com- pleti on. Roger Hardgrave, City Engineer, answered questions regarding the completion of the contract by Duncan Con- struction, Inc. Council Member Flores made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the work performed by the contractor, in accordance with Plan No. 6865, be approved and accepted; and that final payment be authorized at the expiration of the lien period. CONSTRUCTION OF CLUBHOUSE, FISCALINI FIELD - CONTRACT - WYATT CONSTRUCTION In a memorandum dated July 8, 1987, Roger Hardgrave, City Engineer, stated that the contract with Wyatt Con- struction for construction of a clubhouse at Fiscalini Field in Perris Hill Park for use by the San Bernardino Spirit baseball team, has been satisfactorily completed as of July 8, 1987. (10) A report was provided listing funding sources and cost descriptions of improvements to Fiscalini Field, and income received from the Spirit Baseball Club. Council Member Flores made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the work performed by the contractor, in accordance with Plan No. 7l54-A, be approved and accepted; and that final payment be authorized at the expiration of the lien period. CHANGE ORDER NO. 8 - CONTRACT - POWELL CONSTRUCTION - CONSTRUCTION OF DEL ROSA DRIVE - NINTH TO BASELINE STREETS In a memorandum dated July 7, 1987, Roger Hardgrave, City Engineer, stated that the work under Change Order No. 8 to the contract with Powell Construction for the con- struction of Del Rosa Drive, from Ninth to Baseline Streets, has been satisfactorily completed as of May 4, 1987. (11) Roger Hardgrave, City Engineer, answered questions regarding the possible use of City forces for removal of dirt. Council Member Flores made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that Change Order No.8 to the contract with Powell Construc- tion for the construction of Del Rosa Drive, from Ninth to Baseline Streets, in accordance with Plan No. 4993, be approved to authorize an increase in the quantity of road- way excavation of 4,843 C.Y. (from 760 C.Y. to 5,603 C.Y.), for an increase in the contract price of $4,812.00, from $565,539.16 to $570,351.16; that the work performed by the Contractor, in accordance with Plan No. 4993, be approved and accepted; and that final payment be autho- rized at the expiration of the lien period. CHANGE ORDER NO. 2 - CONTRACT - BONADIMAN- MC CAIN, INC. - CONSTRUCTION OF CUL-DE-SAC - PIEDMONT DRIVE AT VICTORIA AVENUE - EXTENSION OF PIEDMONT DRIVE In a memorandum dated July 2, 1987, Roger Hardgrave, City Engineer, explained increased costs incurred by 7 7/20/87 Bonadiman-McCain, Inc. during the performance of their contract for the construction of a cul-de-sac on piedmont Drive at victoria Avenue, and the extension of piedmont Drive. (12) council Member Minor made a motion, seconded by Coun- cil Member Flores and unanimously carried, that Change Order No. Two to the contract with Bonadiman-McCain, Inc. for the construction of a cul-de-sac on piedmont Drive at Victoria Avenue, be approved; that the contractor be authorized to transport heavy construction equipment, for an increase in contract price of $587.18, from $256,742.14 to $257,329.32; that the work performed by the contractor, in accordance with Plan No. 7063, be approved and accepted; and that final payment be authorized at the expiration of the lien period. SENIOR CITIZEN CENTER - PERRIS HILL PARK - HEALTH AND SAFETY FINDINGS In a memorandum dated July 9, 1987, Roger Hardgrave, City Engineer, listed needs to improve the quality of life for senior citizens in the community, and recommended the construction of a Senior Citizen Center at Perris Hill Park for health and safety reasons. (13) Council Member Minor made a motion, seconded by Coun- cil Member Flores and unanimously carried, that a finding be made that construction of a Senior Citizens Center in perris Hill Park, in accordance with Plan No. 7298, is needed for health and safety reasons. MASTER PLAN - STORM DRAIN INSTALLATION - KENDALL DRIVE - DEVIL'S CREEK CHANNEL TO PINE AVENUE - HEALTH AND SAFETY FINDINGS In a memorandum dated July 9, 1987, Roger Hardgrave, City Engineer, stated that the installation of a 36-inch Master Plan storm drain at Devil's Creek Channel to Pine Avenue, will decrease the potential for flooding damage along the earth shoulder of Kendall Drive, and the en- croachment of flood waters into traffic lanes of Kendall Drive. (14) Council Member Minor made a motion, seconded by Coun- cil Member Flores and unanimously carried, that a finding be made that the installation of the 36-inch Master Plan storm drain in Kendall Drive, from Devil's Creek Channel to pine Avenue, in accordance with Plan No. 7224, is needed for health and safety reasons. TRAFFIC SIGNALS - STORM DRAIN - UNIVERSITY PARKWAY & COLLEGE AVENUE - HEALTH AND SAFETY FINDINGS In a memorandum dated July 9, 1987, Roger Hardgrave, City Engineer, stated that due to increased traffic volume where established Traffic Signal Warrants are satisfied, and the considerable amount of students of Kendall Elemen- tary School crossing University Parkway, the installation of traffic signals and storm drain facilities is needed at the intersection of University Parkway and College Avenue. (15) Council Member Minor made a motion, seconded by Coun- cil Member Flores and unanimously carried, that a finding be made that the installation of traffic signals and storm drain facilities, at the intersection of University Park- way and College Avenue, is needed for health and safety reasons. 8 7/20/87 WIDENING OF 40TH STREET - ELECTRIC TO MT. VIEW AVENUES - HEALTH AND SAFETY FINDINGS In a memorandum dated July 9, 1987, Roger Hardgrave, City Engineer, stated that additional right-of-way has been acquired to alleviate traffic flow and safety hazards due to the the narrowing of 40th Street from four traffic lanes to two at Mt. View Avenue, due to sufficient right- of-way having been previously unavailable. (16) Council Member Minor made a motion, seconded by Coun- cil Member Flores and unanimously carried, that a finding be made that the widening of 40th Street, from Electric Avenue to Mt. View Avenue, in accordance with Plan No. 7283, is needed for health and safety reasons. PERSONNEL ACTIONS In memorandums dated July 9, 1987, Mary Jane Perlick, Director of Personnel, provided Personnel Action Lists for the General Fund, Refuse Fund and Other Funds, and a copy of a memorandum dated July 10,1987, from Manuel P. Moreno, Jr., Director of Public Services, regarding justi- fication for the rehiring of six Extra Relief Heavy Laborers. (18) Ray Schweitzer, City Administrator, answered ques- tions regarding the new format of the Personnel Actions on the Council Agenda, and what funds and departments are involved in the hiring freeze. James Penman, City Attorney, answered questions re- garding the use of funds by the Refuse Department. Warren Knudson, Director of Finance, answered ques- tions regarding the use of Refuse Fund monies. Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the Personnel Actions be continued to later in the meeting. (See Page 27) CLAIMS AND PAYROLL Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the demands against the City be approved and that the issuance of warrants be authorized as follows: (17) 1. Approve the register of demands dated: June 25, 1987 July 1, 1987 86/87 86/87 #44 #45 $1,493,251.58 1,014,301.62 2. Approve the total gross payroll for the period June 8, 1987, through June 21, 1987, in the amount of $1,336,604.00. PROTEST HEARING - VACATION OF 17TH STREET, EAST OF CONEJO DRIVE - PUBLIC UTILITY EASEMENT - INGRESS AND EGRESS EASEMENT TO COUNTY - CONTINUED FROM JUNE 1, 1987 This is the time and place continued to for a protest hearing, concerning the vacation of a portion of 17th Street, east of Conejo Drive, and the adoption of a reso- lution reserving public utility easements, and an easement for ingress and egress to the County of San Bernardino to serve the Flood Control Channel and Bridge to the east. (19 & 21) Mayor wilcox opened the hearing. 9 7/20/87 Louis Arias, Director of Architecture and Construc- tion of the Vanir Development Company, Inc., was present to answer questions. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the protest hearing be closed, that the Findings of Fact, as set forth in the Staff Report from Roger G. Hardgrave, Director of Public Works/City Engineer, as to why a por- tion of 17th Street, east of Conejo Drive is no longer necessary for street purposes, be adopted. RES. 87-235 - RESOLUTION OF THE CITY OF SAN BERNARDINO VACATING A PORTION OF 17TH STREET, EAST OF CONEJO DRIVE, IN THE CITY OF SAN BERNARDINO AND RESERVING PUBLIC UTILITY EASEMENTS, AND AN EASEMENT FOR INGRESS AND EGRESS TO THE COUNTY OF SAN BERNARDINO TO SERVE THE FLOOD CONTROL CHANNEL AND BRIDGE TO THE EAST, AND FOR THE CITY OF SAN BERNARDINO EMERGENCY VEHI- CLES AND SERVING UTILITY COMPANY VEHICLES AND ABUTTING PROPERTY OWNERS THEREOF. (21) City Clerk Clark read the title of the resolution. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that fur- ther reading of the resolution be waived, and that said resolution be adopted. Resolution No. 87-235 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. APPEAL HEARING - DECISION OF BOARD OF BUILDING COMMISSIONERS - DEMOLITION OF APARTMENT COMPLEX - 1721 N. CONEJO DRIVE - LOUIS ARIAS - L.Y.W. INVESTMENT COMPANY - CONTINUED FROM JUNE 1, 1987 This is the time and place continued to for an appeal hearing, as requested by Louis Arias on behalf of L.Y.W. Investment Company, concerning the Board of Building Com- missioner's decision to demolish an apartment complex located at 1721 N. Conejo Drive. (19 &21) Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the appeal hearing be closed; that the appeal relative to rescinding the action of the Board of Building Commis- sioners taken February 6, 1987, to demolish an existing apartment complex located at 1721 N. Conejo Drive, be approved, thereby reversing the decision of the Board of Building Commissioners. COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council Meeting. APPEAL HEARING - REJECTION OF BID FOR OFFICE FURNITURE - RALF G. ZACKY, ASPECTS In a letter dated June 16,1987, Ralf G. Zacky, President of Aspects, appealed the rejection of his Bid No. F-87-38 for office furniture. In a memorandum dated June 23, 1987, Susan Gaddy, Purchasing Clerk, provided the circumstances surrounding the rejection of two late bids concerning Bid No. F-87-38. (20) Mayor Wilcox opened the hearing. Ralf G. Zacky, President of Aspects, spoke regarding circumstances encountered which resulted in Bid No. F-87- 38 being turned in late. 10 7/20/87 Dean Meech, Purchasing Agent, answered questions, stating that Bid No. F-87-38 was one of two bids turned down as it was delivered after the closing of bids. He further stated that there have been no recent changes in bid procedures. Ralf G. Zacky, President of Aspects, requested that bid closing times for the City be changed to coincide with other cities. Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the action of the Purchasing Department in rejecting Bid No. F-87-38, be supported. COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council Meeting and took her place at the Council Table. READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of the resolutions on the Agenda, with the exception of Item 27. Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolutions, with the exception of Item 27, be waived. RES. 87-236 - RESOLUTION OF THE CITY OF SAN BERNARD I NO AMEND I NG RES OL UT ION NO. 6433 ENTITLED IN PART "A RESOLUTION... CREATING AND ESTABLISHING POSITIONS FOR THE VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO"; BY ESTABLISHING ONE POSITION OF SECRETARY IN THE BUILDING AND SAFETY DEPARTMENT. (23) Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 87-236 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-237 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND FAMILY SERVICE AGENCY OF SAN BERNARDINO (VICTIM SUPPORT SERVICES). (24) Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 87-237 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-238 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH DEBORAH L. BIGGS TO PROVIDE DIRECTOR (DIVISION HEAD) SERVICES FOR THE ANIMAL CONTROL DIVISION. (25 ) 11 7/20/87 Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 87-238 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-239 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF A NEW STANDARD FORM AGREEMENT AND RELEASE OF THE EXISTING AGREEMENT RELATING TO THE IMPROVEMENTS TO BE INSTALLED IN TRACT NO. 10182, LOCATED APPROXIMATELY 488 FEET SOUTH OF THE CENTERLINE OF IRVINGTON AVE- NUE AND EAST OF OLIVE AVENUE. (Continued from July 6, 1987) (22) Roger Hardgrave, City Engineer, answered questions, and provided a copy of his memorandum dated July 17, 1987, stating that the required improvement securities and Cer- tificates of Insurance have been filed, prescribed fees have been paid, and improvement and grading plans have been approved for Tract No. 10182. Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be adopted. Resolution No. 87-239 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-240 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF A PUBLIC NUISANCE. (260-268 E. 18TH STREET, 1558 N. COLORADO, 671 N. "D" STREET, 2773 E. ETIWANDA, 140 N. MT. VERNON, 1147 N. MUSCOTT, 5098 N. SEPULVEDA) (28) Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 87-240 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-241 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE SAN BERNARDINO LIGHTHOUSE FOR THE BLIND, INC., RELATING TO SENIOR NUTRITION PROGRAM MEALS. (30) Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 87-41 was vote: Ayes: Cou nc i 1 Member s Maudsley, Minor, Pope-Ludlam, sent: None. adopted by the following Estrada, Reilly, Flores, Miller. Noes: None. Ab- 12 7/20/87 RES. 87-242 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE COUNTY OF SAN BER- NARDINO RELATING TO THE CITY'S UTILIZATION OF MINORS IN THE JUVENILE WORK PROGRAM. (26) Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Ray Schweitzer, City Administrator, answered ques- tions, stating that the money has been budgeted for the program, which is handled by the Parks and Recreation Department. Resolution No. 87-242 was adopted by the following vote: Ayes: Council Members Estrada, Reilly; Flores, maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-243 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AGREEMENTS WITH METROPOLITAN OPERA/ WESTERN REGIONAL, S INFONIA MEXICANA, IN- LAND SYMPHONY ASSOCIATION, COMMUNITY ARTS PRODUCTIONS, AND COLEMINERS CLOGGERS, RELATING TO FINE ARTS FUNDING. (29) It was pointed out that on Page 1 of the agreement, the payment for the Inland Symphony Association should be $20,000, as stated on Page 2 of the agreement, instead of $15,000. Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be adopted. Res. 87-243 was adopted by the following vote: Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: None. Absent: None. Ayes: Minor, COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. RES. 87-244 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF A PUBLIC NUISANCE. (2061 W. 17TH STREET, 564-566 W. 21ST STREET, 104 S. ALAMEDA, 1721 N. CONEJO DR., 1767 W. DARBY, 728 N. MT. VERNON, 1548 N. MT. VERNON, 1408 W. WALNUT, 672 N. WESTERN) . (27) City Clerk Clark read the title of the resolution. Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that fur- ther reading of the resolution be waived, and that said resolution be adopted. Resolution No. 87-244 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. 13 7/20/87 Council Member Pope-Ludlam stated that had she been present for Item 27, she would have abstained, due to a conflict of interest as she has an interest in one of the subject properties. RES. 87-245 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A SIXTH AMENDMENT TO AGREEMENT WITH DR. ROBERT WARBURTON MILLER PROVIDING FOR A ONE-YEAR EXTENSION OF THE CONTRACT RELATING TO PSYCHOLOGICAL EXAMI- NATIONS FOR THE POLICE DEPARTMENT AND AMENDING PARAGRAPH 3 OF THE AGREEMENT. (32) Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 87-245 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Pope-Ludlam, Miller. Absent: None. by the following Reilly, Flores, Noes: None. RES. 87-246 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATE- MENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT. (33) Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 87-246 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Pope-Ludlam, Miller. Absent: None. by the fOllowing Reilly, Flores, Noes: None. RES. 87-247 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1987-88 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 951, LANDSCAPING CONSTRUCTION AND MAINTENANCE DISTRICT, WAGONWHEEL ROAD AREA. (34) Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 87-247 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-248 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1987-88 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 953, LANDSCAPING MAINTENANCE, SIX- TEENTH STREET BETWEEN MUSCOTT STREET AND CALIFORNIA STREET. (35) Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 87-248 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. 14 7/20/87 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING CERTAIN FEES FOR SERVICES FURNISHED BY THE SAN BERNARDINO POLICE DEPARTMENT AND REPEALING RESOLUTION NO. 86-156. (31) The Mayor and Common Council discussed the fees charged by the Police Department for various services. Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be referred to the Ways and Means Committee for a cost analysis of fees for services by the Police Depart- ment. RES. 87-249 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1987-88 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 958, SEWER AND SEWER LIFT STATION CONSTRUCTION, PEPPER AVENUE AND MILL STREET AREA. (36) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be adopted. Resolution No. 87-249 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-250 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1987-88 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 965, FOR THE IMPROVEMENT OF LASSEN STREET, NORTH OF BASELINE STREET, IN THE CITY OF SAN BERNARDINO. (37) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be adopted. Resolution No. 87-250 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMEND- ING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 87-1, GENERALLY LOCATED ON THE NORTH SIDE OF 44TH STREET, APPROXI- MATELY 153 FEET EAST OF SIERRA WAY), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (First) (Continued from June 1, 1987) (38) City Clerk Clark read the title of the ordinance. Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley and unanimously carried, that further reading of the ordinance be waived, and that said ordinance be continued to November, 1988, due to the General Plan Revision. 15 7/20/87 ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMEND- ING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 86-21, GENERALLY LOCATED ON THE SOUTH SIDE OF 48TH STREET, APPROXIMATELY 230 FEET WEST OF THE CEN- TERLINE OF LEROY STREET), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (First) (Continued from June 1, 1987) (39) City Clerk Clark read the title of the ordinance. Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley and unanimously carried, that further reading of the ordinance be waived, and that said ordinance be continued to November, 1988, due to the General Plan Revision. ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMEND- ING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 86-23, GENERALLY LOCATED ON THE NORTH SIDE OF THE PROPOSED EXTENSION OF PIEDMONT DRIVE, APPROXIMATELY 285 FEET EAST OF THE CENTERLINE OF CACTUS CIRCLE), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (First) (Continued from June 1, 1987) (40) City Clerk Clark read the title of the ordinance. Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley and unanimously carried, that further reading of the ordinance be waived, and that said ordinance be continued to November, 1988, due to the General Plan Revision. GENERAL REPORTS AND CORRESPONDENCE Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that the following Board of Building Commissioners' resolutions be f i 1 ed : (41 ) BBC 1161 221 N. Terrace Southland Trading Co. BBC 1162 3868 N. Electric George J. Stover BBC 1163 841 N. Arrowhead Alfonso L. Fernandez BBC 1164 231 E. Nin th Marty C. Palmer BBC 1165 1091 W. Magnolia Jerry Millhollon BBC 1166 1111 W. Magnolia Richard W. Chapman BBC 1167 570 W. Ninth Jewel Rightmire BBC 1168 829 W. Spruce UIF Investors Ltd. BBC 1169 1256 W. 21st Consuelo C. Lopez BBC 1170 592 E. Santa Fe Oscar W. Overstreet JOINT POWERS AGREEMENT - CITIES OF THE COUNTY OF SAN BERNARDINO - COMMON LEGAL CLAIM FOR TRAFFIC FINES DUE 17 COUNTY CITIES - CONTINUED FROM JULY 6, 1987 In a memorandum dated June 25, 1987, Ray Schweitzer, City Administrator, stated that the City of Victorville has requested that seventeen other cities in the County of San Bernardino join them in a Joint Exercise of Powers Agreement to file a common legal claim to pursue equitable distribution of traffic fines forfeitures and assessments under Penal Code Section 1463.1(c). (42) 16 7/20/87 Council Member Reilly made a motion, seconded by Council Member Maudsley, that the City of San Bernardino participate as a member of the Joint Exercise of Powers Agreement among 17 County Cities for the purpose of filing a Common Legal Claim for traffic fines due to the City, and that the City Attorney be directed to prepare a reso- lution authorizing the execution of said agreement. City Attorney Penman stated that the proper procedure would be to file a claim, which has been prepared, with the County of San Bernardino. A meeting has been set between Mayor wilcox and the County Board of Supervisors to discuss the claim. Council Member Minor made a substitute motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the matter concerning the collection of traffic fines due the City from the County of San Bernar- dino, be continued to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino, to be held August 17, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. LEASE - REDEVELOPMENT AGENCY - RELOCATION POSTAL AND UTILITY COLLECTION CENTER _ CONTINUED FROM JULY 6, 1987 This is the time and place continued deration of a lease agreement with the Agency, concerning the possible relocation and Utility Collection Center. OF to for consi- Redevelopment of the Postal (43 ) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the proposed lease agreement with the Redevelopment Agency for relocation of the Postal and Utility Collection Center, be continued to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held August 3, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RISK MANAGEMENT DEPARTMENT - ALTERNATIVE FUNCTIONS REPORT This is the time and place set for a report from the City Administrator concerning possible alternative func- tions of the Risk Management Department. (44) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the report concerning possible alternative functions of the Risk Management Department, be continued to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino, to be held August 3, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. COUNCIL MEMBERS ESTRADA AND MINOR EXCUSED Council Members Estrada and Minor left the Council Meeting. REPORT OF COSTS - OUTSIDE LEGAL COUNSEL _ NIELSEN, MERKSAMER, HODGSON, PARRINELLO & MUELLER - GENERAL PLAN TIME EXTENSION In a statement dated July 14, 1987, an itemized statement of charges and credit balance due the law firm of Nielsen, Merksamer, Hodgson, Parrinello & Mueller for counsel concerning the City obtaining an extension of time for amendment to the General Plan was provided by City Attorney Penman. (45) 17 7/20/87 Council Member Reilly made a motion, seconded by Council Member Flores, that the report from the City Attorney concerning outside legal counsel in order to obtain an extension of time for the amendment of the General Plan, be received & filed. The motion carried by the following vote: Ayes: Council Members Reilly, Flores, Pope-Ludlam, Miller. Noes: None. Absent: Council Members Estrada, Minor. Abstain: Council Member Maudsley. COUNCIL MEMBERS ESTRADA AND MINOR RETURNED Council Members Estrada and Minor returned to the Council Meeting and took their places at the Council Table. POLICY - CLOSED SESSION PARTICIPATION This is the time and place set for discussion of the City's policy concerning Closed Session participation. (46 ) James Penman, City Attorney, answered questions, stating that the basis for Closed Sessions involving liti- gation is for the attorney/client relationship. He stated that the presence of non-essential persons in Closed Ses- sion destroys that relationship. He provided examples of people who could participate in Closed Session in dif- ferent scenarios. The Mayor and Common Council discussed the keeping of minutes of Closed Sessions, and that any materials handed out during Closed Sessions are confidential. City Attorney Penman recommended against the mechani- cal recording of Closed Sessions. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the discussion regarding participation in Closed Sessions be continued to the Regular Meeting of the Mayor and Com- mon Council of the City of San Bernardino to be held August 17, 1987. REDEVELOPMENT AGENCY - REGULAR MEETING The Regular Meeting of the Redevelopment Agency was called to order by Chairman wilcox in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, Cali- fornia. RECESS MEETING - CLOSED SESSION At 11:55 a.m., Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that the meeting be recessed to Closed Session pursuant to Government Code Section 54956.8, in order to meet with its negotiators, representatives and advisors concerning the disposition of that certain site of a proposed new hotel, as well as the lease of that real property commonly known as the City of San Bernardino Convention Center, to in- terests represented by KOAR, I nc. of Los Angeles. (RS -2) CLOSED SESSION At 11:55 a.m., Mayor wilcox called to order in the Conference Room of the City Hall, 300 North "0" Street, San fornia. the Closed Session Council Chambers, Bernardino, Cali- 18 7/20/87 ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Pen- man, Deputy City Clerk South. Absent: City Administrator Schweitzer. Also present were: Glenda Saul, Executive Director of the Redevelopment Agency; Steven Dietsch, Special Coun- sel. DEPUTY CITY CLERK SOUTH EXCUSED At 11:56 a.m., Deputy City Clerk South left the Closed Session. ADJOURN CLOSED SESSION At 12: 00 p.m., the Closed Session of the Redevelop- ment Committee adjourned to the Management Information Center (MIC Room), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California, to discuss Redevelop- ment Agency items. RECONVENE MEETING At 12:15 p.m., the Redevelopment Committee reconvened in the Management Information Center (MIC Room), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Pen- man, Executive Director of the Redevelopment Agency Saul. Absent: City Clerk Clark. RECESS MEETING At 1:50 p.m., the Redevelopment Committee recessed until 2:00 p.m., for a meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2: 20 p.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 by Deputy City Clerk South with the fOllowing being present: Mayor Wilcox; Council Mem- bers Reilly, Flores, Maudsley, Minor, Miller; City Attor- ney Penman, Deputy City Clerk South, City Administrator Schweitzer. Absent: Council Members Estrada, Pope-Lud- lam. DISPOSITION OF CASES FILED AGAINST CITY - CONTINUED FROM JUNE 15, 1987 This is the time and place continued to concerning the disposition of cases filed City. for a report against the (47) The Mayor and Common Council discussed that a review of the cases filed against the City is in process. Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that dis- cussion concerning the disposition of cases filed against the City be continued to the second Council Meeting in September, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 19 7/20/87 CLAIM - WESTS IDE COMMUNITY DEVELOPMENT CORPORATION - PROPERTY DAMAGE DUE TO SEWAGE BACK-UP This is the time and place set for consideration of a claim from the Westside Community Development Corporation for property damage to their offices located at 1777 W. Base Line, San Bernardino, California 92411, due to sewage back-up. (48) James Penman, City Attorney, answered questions re- garding estimates obtained for carpeting replacement at the Westside Community Development Corporation. John Wilson, Deputy City Attorney, answered questions regarding the handling of the claim. Kevin Sovereign, Liability Claims Specialist, an- swered questions regarding the replacement carpeting and provided photographs of the damaged carpeting. City Attorney Penman stated that under the Brown Act, Council Member Pope-Ludlam, President of the Wests ide Community Development Corporation, cannot participate in discussion regarding the claim due to conflict of in- terest, but that as the claimant, she can answer ques- tions. Valerie Pope-Ludlam, President of the Westside Com- munity Development Corporation, answered questions, while standing at the podium, as to the type of carpeting dam- aged by the sewage back-up, stating that the manufacturer has discontinued that particular type. Council Member Minor made a motion, seconded by Coun- cil Member Flores and unanimously carried, that the claim from the Westside Community Development Corporation for property damages due to sewage back-up, be settled in the amount of $2,000.00. (Council Member Pope-Ludlam did not vote. ) COUNCIL MEMBER POPE-LUDLAM ARRIVED At 2:40 p.m., Council Member Pope-Ludlam arrived at the Council Meeting and took her place at the Council Table. LEGISLATIVE REVIEW COMMITTEE MEETING REPORT - JULY 9, 1987 Council Member Reilly, Chairman of the Legislative Review Committee, presented the report of the Legislative Review Committee Meeting held July 9, 1987. The following items were discussed: (49) 1. ~nde~~ound Utilities Issue -Stephen Gray, 357 S. Arrowhead. Item referred to City Attorney for opinion and presentation at July 20, Council Meeting, at 2:30 p.m. Discussion and decision to be made by full Council. 2. ~nde~~ound Utilities Issue - Inez Lucero, 362 S. Mt. Vernon Casa De Flores. The Committee agreed that there was no reason to require undergrounding since this was a renovation project. The Committee recommended that the appeal be approved and undergrounding not be re- quired at this location. COUNCIL MEMBER ESTRADA ARRIVED At 2:47 p.m., Council Member Estrada arrived at the Council Meeting and took her place at the Council Table. 20 7/20/87 James Penman, City Attorney, stated that sub-commit- tees of Council Members may not hear evidence for an appeal, and must avoid giving the impression that a deci- sion has been made on an appeal, prior to the entire Coun- cil hearing evidence and making a decision at meetings of the Mayor and Common Council. Decisions on appeals must be made on evidence provided all Council Members at Coun- cil Meetings. He explained the quasi-judicial nature of the Mayor and Common Council, as it has a partly judicial character by possession of the right to hold hearings on and conduct investigations into disputed claims and alleged infrac- tions of rules and regulations, and it makes decisions in the general manner of the courts. Discussion was held concerning the City Attorney's Office reviewing circumstances surrounding appeals before they are placed on the Council Agenda. Council Member Minor made a motion, seconded by Coun- cil Member Flores, that a public hearing be set for August 3, 1987, to hear the appeal of Stephen Gray concerning the undergrounding of utilities issue regarding his property. Stephen Gray, 357 S. Arrowhead, requested the oppor- tunity to speak before the Mayor and Common Council, stating that he is appealing a verbal order made by the Engineering Department, and has hired William Kellen of Riverside as his attorney in the matter. City Attorney Penman suggested that Mr. Gray consult his attorney and have him present for his appeal. Stephen Gray stated that he would like this matter heard at the present time, and that he did not need to have his attorney present. Council Member Estrada made a substitute motion, seconded by Council Member Reilly, that Mr. Gray be heard at this time. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Minor, Pope-Lud- lam, Miller. Noes: Council Member Maudsley. APPEAL HEARING - UNDERGROUND UTILITIES ISSUE - STEPHEN GRAY - 357 S. ARROWHEAD AVENUE - ITEM 1 OF LEGISLATIVE REVIEW COMMITTEE MEETING MINUTES - JULY 9, 1987 This is the time and place set for an appeal hearing regarding the undergrounding of utilities for an apartment project located at 357 S. Arrowhead by Stephen Gray. (See Preceding Item) (49-1) Mayor Wilcox opened the hearing. Stephen Gray, 357 S. Arrowhead, stated that after building his apartment project, he was told he would have to bond the utility lines. Roger Hardgrave, City Engineer, answered questions regarding methods of payment for undergrounding utilities on other projects in the City. Various methods of payment were discussed in order to satisfy the needs of Mr. Gray. 21 7/20/87 Council Member Minor made a motion, seconded by Coun- cil Member Pope-Ludlam and unanimously carried, that based upon the Findings of Fact at the Council Meeting, the fees for the undergrounding of utilities are to be paid within 90 days, and that permits for any future projects will not be approved until these fees are paid. UNDERGROUND UTILITIES ISSUE - INEZ LUCERO - ITEM 2 OF LEGISLATIVE REVIEW COMMITTEE MEETING MINUTES - JULY 9, 1987 Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the matter concerning the undergrounding of utilities for Inez Lucero, 362 S. Mt. Vernon, Casa De Flores, be continued to later in the meeting. (See Page 24) (49-2) RECESS MEETING - CLOSED SESSION At 4:15 p.m.. Council Member Pope-Ludlam made a motion, seconded by Council Member Minor and unanimously carried, that the meeting recess to Closed Session pur- suant to Government Code Section 54956.8, for discussion concerning the disposition of that certain site of a pro- posed new hotel, as well as the lease of that real pro- perty commonly known as the City of San Bernardino Con- vention Center, to interests represented by KOAR, Inc. of Los Angeles. (RS-2) CLOSED SESSION At 4:15 p.m., Mayor Wilcox called the Closed Session to order in the Conference Room of the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. ROLL CALL Roll Call was taken by Deputy City Clerk South with the fOllowing being present: Mayor Wilcox; Council Mem- bers Estrada, Reilly Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, Deputy City Clerk South. Absent: City Administrator Schweitzer. Also present were: Glenda Saul, Executive Director of the Redevelopment Agency; Tim Sabo and Steven Dietsch, Special Counsel; Denise Brue, Assistant City Attorney; Phil Arvizo, Executive Assistant to the Council. DEPUTY CITY CLERK SOUTH EXCUSED At 4:16 p.m., Deputy City Clerk South left the Closed Session. ADJOURN CLOSED SESSION At 4:30 p.m., the Closed Session of the Mayor and Common Council of the City of San Bernardino adjourned to the Regular Meeting in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 4: 30 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by Deputy City Clerk South with the following being present: Mayor Wilcox; Council Mem- bers Estrada, Reilly, Flores, Maudsley, Minor, Pope-Lud- lam, Miller; City Attorney Penman, Deputy City Clerk Clark, City Administator Schweitzer. 22 7/20/87 RES. 87-251 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF CERTAIN AGREEMENTS CONCERNING A PROPOSED HOTEL AND CONVENTION CENTER PROJECT. (RS-2) Deputy City Clerk South read the title of the reso- lution. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the Convention Center is not needed for public purposes, and that the City Attorney be directed to prepare appropriate documents regarding the lease of the Convention Center. City Attorney Penman read a statement concerning the purchase/lease agreement made with KOAR, Inc. for the sale of the downtown hotel and lease of the Convention Center. Reference was made regarding the relationship between the Sister City of Tachikawa, Japan, and Maruko, Inc. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolution be waived, and that said resolution be adopted. Resolution No. 87-251 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RECESS MEETING - CLOSED SESSION At 4:47 p.m., Council Member Flores made a motion seconded by Council Member Maudsley and unanimously car- ried, that the meeting recess to Closed Session pursuant to Government Code Sections 54956.9 to discuss pending litigation, and 54956.8 to give instructions to the City's negotiator regarding property acquisition. (RS-3) The property acquisition concerns any and all in- terests of Willie Clark and Jason Baschir, aka Bason Bas- chir dba WC's Villa Market, and any and all other parties, concerning property located at 1598 W. Baseline Street, APN 143-171-21. The title of the case is Redevelopment Agency of the City of San Bernardino vs. Willie Clark, Jason Baschir, et ~, San Bernardino County Superior Court Case No. 237264. CLOSED SESSION At 4:47 p.m., Mayor wilcox called the Closed Session to order in the Conference Room of the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. ROLL CALL Roll Call was taken by Deputy City Clerk South with the following being present: Mayor Wilcox; Council Mem- bers Estrada, Reilly, Flores, Maudsley, Minor, Pope-Lud- lam, Miller; Deputy City Attorney Wilson. Absent: City Administrator Schweitzer. Also present were: Glenda Saul, Executive Director of the Redevelopment Agency; Sherry Putnam, Development Specialist for the Redevelopment Agency; Joe Magdaleno, Relocation Consultant with Willdan and Associates. 23 7/20/87 ADJOURN CLOSED SESSION At 5:20 p.m., the Closed Session of the Mayor and Common Council of the City of San Bernardino adjourned to the Regular Meeting in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 5:20 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by Deputy City Clerk South with the following being present: Mayor wilcox; Council Mem- bers Estrada, Reilly, Flores, Maudsley, Minor, Pope-Lud- lam, Miller; City Attorney Penman, Deputy City Clerk South, City Administrator Schweitzer. Absent: None. UNDERGROUND UTILITIES ISSUE - INEZ LUCERO _ ITEM 2 OF LEGISLATIVE REVIEW COMMITTEE MEETING MINUTES OF JULY 9, 1987 - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for consi- deration of the undergrounding of utilities for Inez Lucero, 362 S. Mt. Vernon, Casa De Flores. (See Page 22) (49-2 ) City Attorney Penman stated that after a meeting held with Inez Lucero, it was determined that the proper authorities would be notified that her project located at 362 S. Mt. Vernon is exempt from undergrounding of utili- ties. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the minutes of the Legislative Review Committee Meeting held July 9, 1987, be received and filed. WAYS AND MEANS COMMITTEE MEETING MINUTES _ JULY 16, 1987 Council Member Flores, Acting Chairman of the Ways and Means Committee, presented the minutes of the Ways and Means Committee Meeting held July 16, 1987, as follows: (50) 1. Softball Fees and Adult Special Interest Programs - The Committee received a report from Mr. Kramer. The Committee recommends Mr. Kramer's recommendation for acceptance by the full Council: a. Offer the fast pi tch program for the summer session. Host a managers' meeting and provide them the survey option that had been sent out and received poor response; b. If there is insufficient interest, not offer a program in the fall; c. Maintain the non-resident surcharge. Three mana- gers arrived late, were told of the action taken and provided additional input. All were in agreement that a meeting was necessary. Any additional concerns were to be addressed at the Managers' Meeting, August 6th, 6:30 p.m., in the Cultural Center. An additional report on the Church Softball League (attached) was received and filed. 24 7/20/87 2. Chamber of Commerce Update on Estab- lishment of a Convention and Visitors Bureau - The Committee received a report from-the Chamber of Commerce and the Eco- nomic Development Council representatives. A copy of the points presented is attached. The Chamber Committee pointed out that businesses feel they have a pro- prietary interest in the City Bed Tax (Transit Occupancy Tax), that periodic evaluation is necessary, and that the funds do not belong only to the industry. Continuing reports will be made periodic- ally to Ways & Means Committee indicating the progress being made. A final report will be presented in early 1988. The Committee thanked the presentors for their excellent progress. The Committee recom- mends receipt and file. 3. CATV Update - The Committee received a report from the CATV Coordinator and recommends receipt and fi Ie. (Report attached) 4. Southern California Gas Company Rate Increase - Application No. 87-06-021 -Item continued. Since not all the Council Members have met with utility represen- tatives, the Committee reserved a decision on whether Ways & Means Committee should consider/review any PUC application. Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the minutes of the Ways and Means Committee Meeting held July 16, 1987, be received and filed. PERSONNEL ACTIONS - NON-RECOMMENDED LIST In a memorandum dated July 9, 1987, the following requested appointments were submitted by the Director of Personnel in accordance with all administrative regula- tions of the City of San Bernardino, and were placed on the City Administrator's Non-Recommended List of appoint- ments: (51) APPOINTMENT TEMPORARY Police Department Law Enforcement Trainee - Effective August 3, 1987 Gladys Clair Marynowski Seenarine Brone Monte Parks, Recreation & Community Services Recreation Aide - Effective July 21, 1987 Rachell M. Rojas Vernando R. Brock John L. Campbell Shelly Kent Donna Ensign Senior Services Aide - Effective July 21, 1987 John J. pohl Kenneth L. Irving Ray Schweitzer, tions regarding the men t. City Administrator, answered ques- vacancy factor of the Police Depart- 25 7/20/87 In a memorandum dated July 13,1987, John Kramer, Recreation Superintendent, listed the summer playground sites, staffing levels and average daily attendance. The number of staff persons available versus the number of children at each summer playground site was discussed. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that the appointments for the Parks, Recreation and Community Ser- vices Department be approved, and that the City Admini- strator follow through to see if additional personnel are needed at summer playground sites. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the appointments regarding the Police Department, be denied. PERSONNEL ACTIONS - CONTINUED FROM EARLIER IN MEETING Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that the following Personnel Actions submitted by the Director of Personnel, in accordance with all administrative regula- tions of the City, be approved and ratified: (See Page 9) (18) APPOINTMENT/TEMPORARY Parks, Recreation & Community Services Lifeguard - Effective July 21, 1987 Tracey M. Mages Tiernan L. Dunmeyer Christine R. Ronan william R. Bellamy Christopher S. Jones Public Works/Public Buildings Custodial Aide I - Effective July 6, 1987 Robert L. Elston Jose D. Jesus Garcia Faamasino Faamasino Custodial Aide I - Effective July 2, 1987 Dotty M. Aguirre Wimerly Burnett Anthony Greer Ernest Sanchez Lennis J. Bosworth Robert Diaz Rafael Lopez Martin R. Sifuentes Raymond Williams - Custodial Aide III - Effective July 21, 1987 Public Services/Refuse Extra Relief Heavy Laborer - Effective July 21, 1987 Steven Henry Arthur A. Molina Charles Silva Elias P. Hernandez Andrew R. Ramo Paul A. Simms PROMOTION Police Department John R. Diaz - From Police Officer to Training Officer - Effective May 12, 1987 26 7/20/87 PROMOTION/TRANSFER Planning Department Cheryl L. Jackson - From Police Records Clerk I to Secretary - Effective July 27, 1987 PROMOTION/TEMPORARY Parks, Recreation & Community Services Maurice R. Peters, Jr. - From Senior Lifeguard to Supervising Lifeguard - Effective July 21, 1987 VOLUNTARY DEMOTION/TRANSFER Finance/Purchasing Deborah A. Virochpoka - Purchasing Clerk - Effective July 21, 1987 LEAVE OF ABSENCE/MILITARY S.B.E.T.A. - Admin. Ernest B. Dowdy - Staff Analyst II From July 6, 1987 to July 31, 1987 July 6, 1987 (JTPA) - - Effective Police Department James Steven Duncan - Police Officer - From May 29, 1987 to June 27, 1987 - Effective May 29, 1987 LEAVE OF ABSENCE/MATERNITY Police Department Diane S. Solomon - Complaint Desk Coordinator _ From August 9, 1987 to December 13, 1987 LEAVE OF ABSENCE WITHOUT PAY Police Department Gloria J. Lieske - Police Assistant - From June 15, 1987 to July 10, 1987 Manuel P. Moreno, Jr., Director of Public Services, explained the need for personnel to provide vacation relief for laborers. FISCALINI FIELD, PERRIS HILL PARK - NOISE LEVEL - SPIRIT BASEBALL TEAM Mayor wilcox stated that a meeting had been held with neighbors surrounding Fiscalini Field in perris Hill Park, concerning the noise level created by the Spirit Baseball games. (52) The noise problem was discussed with officials of the Spirit Baseball games, and noise interference has dropped. Another meeting of the neighbors surrounding Fiscalini Field has been scheduled. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the matter concerning the noise level from Fiscalini Field in Perris Hill Park, be continued to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held August 3, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 27 7/20/87 STOP SIGN - PICO AVENUE AT MAGNOLIA - CONTINUED FROM EARLIER IN MEETING In a memorandum dated July 9, 1987, Council Member Pope-Ludlam requested that a two-way stop sign be instal- led on pico Avenue at Magnolia Avenue. (See Page 6) (7 ) John Wilson, Deputy City Attorney, stated that stop signs may be placed at the discretion of the Mayor and Common Council. The Mayor and Common Council discussed the decision of the Traffic Safety Committee regarding this stop sign. Roger Hardgrave, City Engineer, answered questions, stating that a traffic study was made of the intersection. Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly and unanimously carried, that the matter concerning the request for a two-way stop sign at Pico Avenue at Magnolia Avenue be referred to the Traffic Safety Committee, and that neighboring residents be noti- fied when the subject is to be discussed. READING AND WAIVING OF RESOLUTIONS ON SUPPLEMENTAL AGENDA Deputy City Clerk South read the titles of the reso- lutions on the Supplemental Agenda. Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolutions be waived. RES. 87-252 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND THE 12 POINT AMENDMENT TO FOOD SERVICE AGREEMENT SUMMER SERVICE PROGRAM, ATTACHED AS ATTACHMENT 2 OF THE AGREEMENT, WITH THE SAN BERNARDINO UNIFIED SCHOOL DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES TO CITY'S SUMMER LUNCH SITES. (S-2 ) Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 87-252 was adopted by the following vote: Ayes: Council Members Estrada, 2eilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-253 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CASA RAMONA, INC., TO PROVIDE FOR THE OPERATION OF A DROP-IN CENTER LOCATED AT 1524 WEST SEVENTH STREET, SAN BERNARDINO, CALIFORNIA. (S-3 ) Council Member Estrada abstained from voting in this matter due to a possible conflict of interest as Director of Casa Ramona, Inc. Council Member Maudsley made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 87-253 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. Abstain: Council Member Estrada. 28 7/20/87 RES. 87-254 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH VAL MAHABIR TO PRO- VIDE SMALL BUSINESS LOAN ASSISTANCE AND LOAN OFFICER SERVICES FOR THE COMMUNITY DEVELOPMENT DEPARTMENT. (S-5 ) Council Member Minor made a motion, seconded by Coun- cil Member Reilly and unanimously carried, that said reso- lution be adopted. Resolution No. 87-254 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. ANTI-DRUG PROGRAM - PRESENTATION BY RUBEN HERNDON In a memorandum dated July 15, 1987, Council Member Pope-Ludlam requested that an anti-drug program be dis- cussed and that Mr. Ruben Herndon make a presentation. (S-l) Ruben and Jerry Herndon, anti-drug activists, pro- vided information regarding an anti-drug program, "Count- down to Crackdown". The Mayor and Common Council were invited to attend the next presentation of the program, and were asked for assistance in promoting the program. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that the Council go on record supporting the anti-drug program, and that the program be referred to the Ways and Means Com- mittee for review. Mayor Wilcox stated that the Director of the San Bernardino Community Against Drugs, Jeri Simpson, was in the Council audience, and that the Mayor would like to see the anti-drug programs interface, along with Kids Against Crime. RECESS MEETING - CLOSED SESSION At 6:00 p.m., Council Member Miller made a motion, seconded by Council Member Minor and unanimously carried, that the meeting recess to Closed Session pursuant to Government Code Sections 54956.9 (b) (1), regarding pending litigation; 54957.6, regarding labor relations matters; 54956.9(a) to confer with its attorney regarding pending litigation as follows: (54, 55, 56 and S-8) Operation Second Chance, (Centr~Dist .)NO:--Sf-2124;-- U. S. District Court ~~ Christopher Saldecke, et al v. Cl!z of San Bernardino, SBSC No. 236836; Leland Livesaz, Fire Department, 85 SBR 108794; 85 SBR 108793; 85 SBR 108796; 85 SBR 108797; 85 SBR 108798; 85 SBR 108799; 85 SBR 108800; 85 SBR 108801; Police Department: Charles Wood, 86 SBR 121802; 124501; 124502 James Christensen Frederick Kuhr, 86 SBR 121114 29 7/20/87 George Harris, 86 SBR 123971 Ron Hume, 86 SBR 122811 James W. Jeffries, 86 SBR 119285 Clinton Bailey, Fire Department, 85 SBR 114436 Joseph Viestenz, Park & Recreation Department, 85 SBR 1085sg-- - Joe Acosta v. City of San Bernardino, Case No. E004391 CLOSED SESSION At 6:00 p.m., Mayor Wilcox called to order in the Conference Room of the City Hall, 300 North "D" Street, California. the Closed Session Council Chambers, San Bernardino, ROLL CALL Roll Call was taken by Deputy City Clerk South with the following being present: Mayor Wilcox; Council Memb- ers Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, Deputy City Clerk South. Absent: City Administrator Schweitzer. Also present were: Assistant City Attorney Brue; Senior City Attorney Redd. DEPUTY CITY CLERK SOUTH EXCUSED At 6:01 p.m., Deputy City Clerk South left the Closed Session. COUNCIL MEMBER ESTRADA EXCUSED At 6:15 p.m., Council Member Estrada left the Closed Session. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 6:25 p.m., Council Member Pope-Ludlam left the Closed Session. SENIOR CITY ATTORNEY REDD EXCUSED At 6: 27 p.m., Senior Ci ty Attorney Redd left the Council Meeting. ADJOURN CLOSED SESSION At 6:50 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 6: 50 p.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. ROLL CALL Roll Call was taken by Deputy City Clerk South with the following being present: Mayor Wilcox; Council Mem- bers Reilly, Flores, Maudsley, Minor, Miller; City Attor- ney Penman, Deputy City Clerk Clark, City Administrator Schweitzer. Absent: Council Members Estrada, Pope-Lud- lam. 30 7/20/87 LITIGATION - CLAIMS, AGENDA ITEMS 56 AND S-8 - JAY CHRISTOPHER SALDECKE, ET AL - CABLE LAKES The Mayor and Common Council announced that during Closed Session, claims listed on the agenda were discus- sed, that direction was given in the litigation of ~ Christop~~~aldeck~L-~~l-~~~ity of San Bernardino, SBSC No. 236836; that the City Attorney was authorized to file a lawsuit against Cable Lakes. (56 and S-8) ADJOURN MEETING At 6:50 p.m., Council Member Miller made a motion, seconded by Council Member Minor and unanimously carried, that the meeting of the Mayor and Common Council adjourn to 1:00 p.m., Monday, July 27,1987, in the Management Information Center (MIC Room), Sixth Floor, City Hall, 300 North "0" Street, San Bernardino, California, to hear the budget. (S-9) ~4' ///l/Af2;J1// / Cl ty Clerk ~cu t? ~ Deputy City Clerk No. of Items: 72 No. of Hours: 10 31 7/20/87