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HomeMy WebLinkAbout09-21-1987 Minutes City of San Bernardino, California September 21, 1987 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Wilcox at 9:06 a.m., on Monday, September 21, 1987, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, Calirornia. INVOCATION The Invocation was given by Pastor Alan Rosenberg, Christian & Missionary Alliance Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Reilly. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Estrada. PUBLIC COMMENTS BY GENERAL PUBLIC - PEGGY BROADLEY _ CRIME PROBLEMS IN NEIGHBORHOOD Peggy Broadley, Leader of Neighborhood Watch, 8th Street and Mt. View Avenue, spoke of the violence, ser- ious drug dealing and prostitution activities being con- ducted in her neighborhood and asked for immediate City action to combat these illegal activities. (A) Mayor wilcox requested that a meeting be called for the Neighborhood Watch in the area and Police Department representatives to discuss this problem. It was pointed out that drug dealing and violence is prevalent in various areas of the entire City and is be- coming a serious problem. Mayor wilcox stated that it will take the cooperation of all neighbors, involved governmental agencies, such as the District Attorney's Office, Sheriffs and the Courts, to change laws and do whatever is necessary to curb the violence that is occurring in the City. PROCLAMATION - FIRE PREVENTION MONTH - OCTOBER, 1987 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Ber- nardino, proclaiming the month of October, 1987, as Fire Prevention Month. (B) Richard Moon, Deputy Fire Chief, was present to ac- cept the proclamation. PROCLAMATION - AMERICAN BUSINESS WOMEN'S ASSOCIATION DAY - SEPTEMBER 22, 1987 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Ber- nardino, proclaiming Tuesday, September 22, 1987, as Amer- ican Business Women's Association Day, and congratulating them on their 38th Anniversary celebration. (B) Helen Hamblet and Pauline Lewis were present to ac- cept the proclamation. 1 9/21/87 APPOINTMENT - BRENDA J. RICE - COMMUNITY TELEVISION COMMISSION - FIFTH WARD Pursuant to a memorandum dated September 14, 1987, from Mayor Wilcox, Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously car- ried, that Brenda J. Rice, 3721 Meyers Rd., San Bernar- dino, CA 92407, be appointed to serve on the Community Television Commission, as requested by Council Member Minor, representing the Fifth Ward. (C) City Clerk Clark administered the Oath of Office to Ms. Rice. CENTER FOR INDIVIDUALS WITH DISABILITIES - CONSTRUCTION OF HORSESHOE PITCHING PIT AND STORAGE BUILDING In a memorandum dated August 26, 1987, Roger Hard- grave, Director of Public Works/City Engineer, stated that plans for the construction of a horseshoe pitching pit and storage building at the Center for Individuals with Dis- abilities had been prepared and the project is ready to be advertised for bids. The total estimated project cost is $27,200. (1) City Administrator Schweitzer and Ken Henderson, Director, Community Development Department, answered ques- tions regarding the location and funding for this project. Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the plans for construction of a storage room and horseshoe pitching pit at the Center for Individuals with Disabili- ties, in accordance with Plan No. 7279, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids. FISCALINI FIELD - FINDING OF NEED FOR HEALTH AND SAFETY REASONS - INSTALLATION OF LIGHTS In a memorandum dated September 9, 1987, Roger Hard- grave, Director of Public Works/City Engineer, stated that the lighting towers at Fiscalini Field were installed in the 1930's, and could soon be unsafe through the normal rusting and weathering process. He recommended the in- stallation of new lighting standards. The estimated cost for the basic bid is $94,000, which includes removal of the four infield towers and installation of four new lighting standards. Additive Alternate "A" includes the removal of the four outfield towers and installation of new standards, in the amount of $51,000. (2) City Administrator Schweitzer answered questions, stating that replacement of the lighting standards was part of the original agreement with The Spirit. He stated that some work had been done to meet OSHA requirements. Council Member Minor made a motion, seconded by Council Member Miller that the matter of new lighting for Fiscalini Field be continued to October 5, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (See amended motion, page 2) City Attorney Penman answered questions, stating that an Environmental Impact Report had not been done and recommended that one be prepared. Council Member Minor amended his previous motion, seconded by Council Member Miller and unanimously carried, that the matter of the installation of lights for Fisca- 2 9/21/87 lini Field be continued until Roger Hardgrave, Director of Public Works/City Engineer arrives to answer questions. (See page 5) RENTAL REHABILITATION PROGRAM - REQUEST FOR PROPOSAL (RFP) In a memorandum dated September 3, 1987, Ken Hender- son, Director, Community Development, explained that ser- vices relating to the Rental Rehabilitation Program (RRP) previously provided by United States Escrow have been unsatisfactory. He recommended that the City re-open contract negotiations under competitive bidding to insure that the highest quality of escrow services are being received at the most reasonable rate. (3) Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the Mayor and Common Council authorize and direct staff to issue Request for Proposals (RFP) for escrow services for FY 1987/1988 Rental Rehabilitation Program. FIRE DEPARTMENT - NATIONAL FIRE ACADEMY - EMMITSBURG, MARYLAND - SEPTEMBER 28-0CTOBER 9, 1987 - ELIZABETH CALDERA - OUT OF STATE TRAVEL Pursuant to a memorandum dated August 31, 1987, from Fire Chief Newcombe, Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that authorization be given for Inspector Elizabeth Cal- dera, Fire Department, to attend an Introduction to Public Education Course at the National Fire Academy in Emmits- burg, Maryland, September 28 through October 9, 1987. (4) City Administrator Schweitzer answered questions regarding funding for out-of-state travel. FIRE DEPARTMENT - NATIONAL FIRE ACADEMY - EMMITSBURG, MARYLAND - NOVEMBER 30, 1987-DECEMBER 11, 1987 - STEVE FOGG - OUT OF STATE TRAVEL Pursuant to a memorandum dated August 31, 1987, from Fire Chief Newcombe, Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that authorization be given for Inspector Steve Fogg, Fire Department, to attend a Chemistry of Hazardous Materials Course at the National Fire Academy in Emmitsburg, Mary- land, November 30 through December 11, 1987. (5) FIRE DEPARTMENT - SOUTHERN AREA FIRE EQUIPMENT RESEARCH (SAFER) ORGANIZATION JOINT MEETING - PHOENIX, ARIZONA - OCTOBER 1-4,1987 - DEPUTY CHIEF RICHARD A. MOON - OUT OF STATE TRAVEL Pursuant to a memorandum dated August 28,1987, from Fire Chief Newcombe, Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that authorization be given to Deputy Chief Richard A. Moon, member of the Board of the Southern California group, to travel to Phoenix, Arizona, to attend the joint meeting (Arizona/California/Nevada) of the Southern Area Fire Equipment Research (SAFER) organization from October 1-4, 1987. (6) SET HEARING DATE - APPEAL - BOARD OF BUILDING COMMISSIONERS DECISION - 819 E. SANTA FE In an undated letter, Benjamin Ray Kirkland, Robert E. Bradley, Miguel H. Leon, Jr. and Evelyn Oneth re- quested 90 days time to repair property located at 819 E. Santa Fe, pursuant to BBC Resolution No. 1174. (7) City Administrator Schweitzer answered questions. 3 9/21/87 L Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the appeal of the decision of the Board of Building Com- missioners to demolish property located at 819 E. Santa Fe be set for November 2, 1987, at 9:30 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. SET HEARING DATE - APPEAL - BOARD OF BUILDING COMMISSIONERS DECISION - 1072 NORTH "G" STREET - JAMES O'CONNOR In a letter dated September 4, 1987, James O'Connor stated he had already taken steps to correct the problems at 1072 North "G" Street, and requested additional time to complete the required repairs. (8) Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that the appeal of the decision of the Board of Building Commis- sioners to demolish property located at 1072 North "G" Street, be set for October 5, 1987, at 9: 30 a.m., in the City Council Chambers, 300 North "D" Street, San Bernar- dino. STORM DRAIN - SMALL CANYON DRAINAGE FROM ATLANTIC TO HIGHLAND AVENUE In a memorandum dated September 14, 1987, City Admin- istrator Schweitzer explained the need for a 48" storm drain to be installed between Atlantic Avenue and Highland Avenue, in cooperation with Caltrans. (9) Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the recommendation of the Ways and Means Committee relative to the City's participation in the amount of $119,000 for the installation of a 48" storm drain, from Atlantic Avenue to Highland Avenue, to convey drainage from Small Canyon, be approved, and that said amount be funded in the FY 88-89 Budget, contingent upon raising the acreage drainage fees. CLAIMS AND PAYROLL Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, to ap- prove demands against the City and authorize the issuance of warrants as follows: (10) 1. Approve the register of demands dated: September 2, 1987 September 9, 1987 87/88 #8 87/88 #9 $1,345,734.64 572,664.27 2. Approve the total gross payroll for the period August 17, 1987, through August 30, 1987, in the amount of $1,315,223.69. PERSONNEL ACTIONS Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the Personnel actions submitted by the Director of Personnel in accordance with all administrative regulations of the City of San Bernardino, be approved. (11) TEMPORARY APPOINTMENTS Public Buildings Custodial Aide I - Effective September 22, 1987 Thelbert Smith, Jr. Stephen Hoepfner Pete Cortez Manuel M. Guzman 4 9/21/87 Public Services/Refuse Extra Relief Heavy Laborer - Effective September 22, 1987 Ernest T. Aparicio Rudy M. Gasca Robert A. Gonzales Alex E. Rodriquez Marcus T. Thompson Coriedus L. Buffington Pedro P. Gonzales Kevin T. Goolsby Tuli Taupau Extra Relief Heavy Laborer - Effective October 4, 1987 Danny M. Arrieta Matthew J. Briones Robert Mayoral Robert Rodriquez Charles Silva Mark A. Becerra Steven Henry Dennis D. Moreno Andrew R. Romo Paul A. Simms PROVISIONAL APPOINTMENT Public Buildings Connie Brasington - Account Clerk II - Effective September 22, 1987 TRANSFER Animal Control Richard Guerrero - Animal Shelter Attendant - Effective September 22, 1987 HIGHER ACTING CLASSIFICATION Police Everett L. pinion - Police Records Manager - Effective September 14, 1987 LEAVE OF ABSENCE WITHOUT PAY/MATERNITY Police Maria Monge - Police Records Clerk I - From September 18, 1987 through November 8, 1987 - Effective September 18, 1987 FISCALINI FIELD - INSTALLATION OF LIGHTS - FINDING OF NEED FOR HEALTH AND SAFETY REASONS - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for discus- sion on the Finding of Need for Health and Safety Reasons and approval of plans and authorization to advertise for bids for installation of lights for Fiscalini Field. (2) Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions, stating that this project had not gone through the environmental review process, and that it could take about six months to complete an en- vironmental impact report. City Attorney Penman stated that if given a high priority, an EIR could be prepared in less time. He also stated that according to a memorandum from a City Depart- ment, the Spirit is presently in default of its contract, and the City will have to decide whether to initiate liti- gation. Richard Bennecke, Executive Assistant to the Mayor, answered questions, stating that the basic agreement with the Spirit calls for the City to provide adequate lighting 5 9/21/87 for Fiscalini Field. Presently, there are dark spots in various locations of the field. The Mayor and Council discussed whether or not new lighting would have any impact on the neighbors. Roger Hardgrave, Director of Public Works/City Engi- neer, stated that the new lighting system would probably have less impact on the neighbors than the present one. Council Member Reilly made a motion, seconded by Council Member Maudsley, that a finding be made that the installation of new lighting standards at Fiscalini Field, in accordance with Plan No. 7332, is needed for health and safety reasons. (See amended motion) Helen Kopczynski, 8150 Cable Canyon Rd., stated that a full or focused EIR is needed on the lights, noise and traffic, and that the City is in violation of the OPR regulations. City Attorney Penman stated that the City is not in violation of the OPR regulations, but would be if the findings were not made. He recommended that in order to clarify the intent, that the language "in accordance with Plan No. 7332" be deleted. Council Member Reilly amended his motion, seconded by Council Member Maudsley, to read as follows: "That a finding be made that the installation of new lighting standards at Fiscalini Field, is needed for health and safety reasons." The motion Council Members Miller. Noes: Member Estrada. carried Reilly, Council by the Flores, Member following vote: Ayes: Maudsley, Pope-Ludlam, Minor. Absent: Council COUNCIL MEMBER ESTRADA ARRIVED At 9:53 a.m., Council Member Estrada arrived at the Council Meeting and took her place at the Council Table. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, that a full Environmental Impact Report be conducted. The motion carried Council Members Estrada, Ludlam, Miller. Noes: None. by the following vote: Ayes: Flores, Maudsley, Minor, Pope- Council Member Reilly. Absent: RECESS MEETING - CLOSED SESSION At 9:55 a.m., Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the Regular Meeting recess to a Closed Session pur- suant to Government Code Section 54956.9(c) to confer with its attorney and to decide whether or not to initiate litigation. (S-9) CLOSED SESSION At 9:55 a.m., the Closed Session was called to order by Mayor Wilcox in the Conference Room of the Council Chambers, City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, 6 9/21/87 Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Pen- man, City Administrator Schweitzer. Absent: City Clerk Clark. Also present: Sr. Assistant City Attorney Barlow; Attorney Coleman Walsh. MR. MORENO ARRIVED Mr. Manuel Moreno, Director, Public Services, arrived at the Closed Session. MR. BENNECKE ARRIVED Mr. Richard Bennecke, Mayor, arrived at the Closed Executive Assistant Session. to the CITY CLERK CLARK ARRIVED City Clerk Clark arrived at the Closed Session. ADJOURN CLOSED SESSION At 11:00 a.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 11:00 a.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Ad- ministrator Schweitzer. Absent: None. 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 "D" Street, San Bernardino, California. All Community Development Commission/Redevelopment Agency items were completed. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council Meeting. APPEAL HEARING - DENIAL OF SEWER SERVICE - 4380 DAVID WAY - RUSSELL STURGEON This is the time and place set to hear an appeal filed by Russell & Anne Sturgeon, 2733 Serrano Rd., San Bernardino, CA 92405, of the denial of sewer service by the Board of Water Commissioners to property located at 4380 David Way. (29) Mr. and Mrs. Sturgeon were not present. Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the appeal hearing on the denial of sewer service to 4380 David Way be continued to October 5, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his place at the Council Table. 7 9/21/87 COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. APPEAL HEARING - REIMBURSEMENT OF FEES PAID _ SEWER CAPACITY RIGHTS - EARNEST HOLMES - TRIPLE H. RANCH HOMES - CONTINUED FROM SEPTEMBER 8, 1987 This is the time and place continued to for consi- deration of an appeal filed by Earnest Holmes, President of Triple H. Ranch Homes, regarding reimbursement of fees paid for sewer capacity rights on Tract No. 13296. (30 ) Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the appeal hearing regarding the reimbursement of fees paid for sewer capacity rights by Earnest Holmes be continued to October 5, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meet- ing and took her place at the Council Table. APPEAL HEARING - UNDERGROUNDING UTILITIES _ 911 W. HIGHLAND AVENUE - STEPHEN F. GRAY This is the time and place set for an appeal filed by Stephen F. Gray, 12168 Mt. Vernon, Suite 41, Grand Ter- race, CA 92324, relative to fees and procedures for under- grounding utilities at 911 W. Highland Avenue. (31) Mayor wilcox opened the hearing. City Administrator Schweitzer summarized the City's position on undergrounding, stating that all new develop- ers are told up front that undergrounding of overhead util ities is required. A recent change in policy clari- fies that the developer must underground all overhead lines. Some developers are now appealing the-policy and will be heard on a case by case basis. In a memorandum dated September 18, 1987, City Clerk Clark gave a Chronology of Requests by Stephen Gray re- garding Exemption from Undergrounding of Utilities. Among the items was the following paragraph: "July 20, 1987 - Mr. Gray was informed that he had ninety days to pay the fees for undergrounding utilities at 357 S. Arrow- head. All building permits for Mr. Gray's proJects are to be withheld until payment received for undergrounding at 357 W. Ar- rowhead. This includes 911 W. Highland Ave. ,..-- Stephen Gray stated that the issue of property lo- cated at 357 W. Arrowhead Avenue should be addressed now, as he can't go ahead with the property at 911 W. Highland until the Arrowhead Avenue property is settled. He re- quested that he be allowed to post a bond for 357 S. Arrowhead Avenue in lieu of cash payment for underground- ing. He stated that he does not own the property at 911 W. Highland, but is just a contractor. City Attorney Penman reviewed proposed Council ac- tion at the last meeting where it was suggested that bonds could be posted for three years, and at the end of that time, if the assessment district had not been established, the bonds would be defaulted and the costs would have to be paid. 8 9/21/87 City Administrator Schweitzer Gray's request for time payments Legislative Review Committee, which and that before he could obtain any $7,000 would have to be paid. explained that Mr. was referred to the rejected the request, future permits, the Mayor wilcox stated that since the item of 357 S. Arrowhead was not on the agenda, discussion must be limited to the issue of 911 W. Highland Avenue. City Attorney Penman stated that if the matter of 357 S. Arrowhead was to be reconsidered by the Council, it must be put on the Agenda by a Council Member or the Mayor. Roger Hardgrave, Director of Public Works/City Engi- neer, stated that it was his understanding, based on pre- vious Council action, that the Certificate of Occupancy at 357 W. Arrowhead would be given only on the condition that the $7,000 would be paid within 90 days and no further permits be issued until the payment was made. City Attorney Penman stated that Mr. Gray had agreed to pay the $7,000. Now it appears that he does not own property at 911 W. Highland, and may have put the owner in a difficult situation because permits cannot now be pulled. Mr. Gray stated he was one/half owner of the property at 911 W. Highland, and had agreed to pay the $7,000 under duress. Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the appeal hearing on property located at 911 W. Highland Avenue, be continued to October 5, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California, and that the City Clerk be directed to notify all property owners. Council Member Estrada who represents the First Ward where Mr. Gray's 357 S. Arrowhead project is located, stated she would review the background in this matter and if she feels the Council Action of July 20, 1987, should be reconsidered, she will place a reconsideration on the Agenda. APPEAL HEARING - UNDERGROUNDING UTILITIES - REQUEST FOR TEMPORARY EXEMPTION - 455 SOUTH "D" STREET _ LIONEL HELLER - CONTINUED FROM SEPTEMBER 8, 1987 This is the time and place set to hear an appeal filed by Lionel S. Heller, 202 W. Hillcrest Avenue, P.O. Box 5370, San Bernardino, CA 92412, requesting an exemp- tion on undergrounding utilities at 455 South "D" Street. (32) Mayor Wilcox opened the hearing. Mr. Heller explained what steps he had already taken in preparing the proposed project at 455 South "D" Street. He stated he would prefer to have a waiver of underground- ing utilities at this time, but requested direction from the City as to what he should do. Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions, stating that an assessment dis- trict could be established and other properties be added to make it feasible. He stated he did not like bonds, as they are difficult for developers to get and difficult to collect in future years. 9 9/21/87 Lionel Heller requested that the plans be released so that he could break ground, with an understanding that some mechanism would be provided for time payments so that costs for undergrounding would be paid by the time a Certificate of Occupancy was required. Jim Richardson, Deputy City Administrator, suggested that one way to meet the concerns of financing the under- grounding of utilities would be to have the property owner agree to enter into an agreement to pay funds over a five year period, plus interest, that would go into an escrow account or an account earmarked for utility undergrounding for that parcel. In that way, the City would not have to carry that obligation. City Attorney Penman suggested that the account could be secured by a deed of trust in favor of the City or a future lien on the property. Council Member Maudsley made a motion, seconded by Council Member Estrada and unanimously carried, to close the hearing and direct the City Attorney and City Treas- urer to prepare a mechanism whereby the City and devel- oper can enter into an agreement, secured by a deed of trust on the property, for installment payments over a period of five years toward the cost of installing under- ground utili ties. It was recommended that a trustee ar- rangement be made with a local bank to relieve the City of the administrative burden of collecting the payments. This matter is to be brought back at the meeting of October 5, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. MAYOR WILCOX EXCUSED At 12:04 p.m., Mayor Wilcox left the Council Meeting and Mayor Pro Tempore Reilly assumed the duties of Mayor. RES. 87-330 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN EXTENSION OF TERM OF LEASE WITH THE SEDLAK FAMILY TRUST RELATING TO A ONE YEAR EXTEN- SION OF THE TERM FOR THAT CERTAIN OFFICE BUILDING COMMONLY KNOWN AS 646 NORTH SIERRA WAY. (13) 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 said resolu- tion be adopted. Resolution No. 87-330 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. COUNCIL MEMBER MINOR EXCUSED Council Member Minor left the Council Meeting. USE OF SECCOMBE LAKE PARK BY TEDDY BEAR TYMES CHILD CARE CENTER - RECOMMENDATION BY PARK AND RECREATION COMMISSION In a memorandum dated September 10, 1987, Annie Ramos, Director, Parks, Recreation & Community Services, presented the background of previous action taken regard- ing the use of a portion of Seccombe Lake Park adjacent to the YWCA by Teddy Bear Tymes Child Care Center. Ms. Ramos presented a recommendation to allow the expansion of the 10 9/21/87 Teddy Bear Tymes playground area at the YWCA, contingent upon certain conditions that were set forth. It was spec- ifically stated that the endorsement was exclusive to the playground area and was not to include the proposal for building space. (45) Jim Burns, Project Coordinator, San Bernardino County, on behalf of Teddy Bear Tymes Child Care Center, answered questions, stating that the additional space will allow them to increase the number of children from 66 to 88. The Mayor and Council discussed the use of the park land for a very limited number of people, and the large number of open spaces in parks that are being used for buildings and service facilities. John Hoeger, Development Specialist, Redevelopment Agency, answered questions regarding a Disposition and Development Agreement with the Redevelopment Agency that relates to the sale of the YWCA site to the YWCA by the Redevelopment Agency. The Agreement was previously ap- proved the Council acting as the Community Development Commission, but had not been executed. He stated that a new agreement would have to be prepared because of the length of time since its passage and the fact it was not executed. City Attorney Penman stated he was not aware of the existence of the agreement, nor was City Administrator Schweitzer. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the matter relating to the Teddy Bear Tymes Child Care Center be referred to the RDA Committee and have that Committee do a complete report from both sides, so that when it comes back to the Council, the Council has all the information based on the RDA Report. COUNCIL MEMBER MINOR RETURNED Council Member Minor returned to the Council Meeting and took his place at the Council Table. RECESS MEETING At 12:20 p.m., Council Member Pope-Ludlam made a motion, seconded by Council Member Minor and unanimously carried, that the meeting be recessed to the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. LUNCHEON WORKSHOP - MOBILE HOME HOUSING SOLUTIONS, INC. - (YUCAIPA PLAN) - MARIE TEETERS - FIELD REPRESENTATIVE FOR SUPERVISOR RIORDON At 12:25 p.m., the Workshop on the presentation relative to Mobile Home Housing Solutions, Inc. (Yucaipa Plan) by Marie Teeters, Field Representative for Supervi- sor Barbara Riordon was called to order by Mayor Pro Tem- pore Reilly in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernar- dino, California. (43) ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Pro Tempore Reilly; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope- Ludlam, Miller; City Attorney Penman, City Clerk Clerk, City Administrator Schweitzer. Absent: Mayor wilcox. 11 9/21/87 Marie Teeters, Chairperson of Mobilehome Housing Solutions, Inc., explained how this organization was put together for the purpose of resolving mobilehome park tenant/owner issues in the Yucaipa area. The County of San Bernardino commissioned a study of 7131313 mobilehome park spaces in the Yucaipa area in response to a multitude of complaints from tenants. The study found that only five to six percent of park resi- dents were truly in financial need, and that an additional 413% of the park tenants felt insecure as to what the fu- ture rent increases might be. Mobilehome Housing Solutions, Inc., was put together to resolve these needs and insecurities. For the truly needy, a space rental assistance program was implemented. This program is funded by the County and the park owners to provide rent subsidies. Many tenants were found to be eligible for SSI and other assistance programs. Also, many are now receiving utility tax rebates that they were not aware that they qualified for. Many parks have now gone to long term leases so that tenants know what to expect. The other communication. to 81313 calls per problems are addressed through increased A resource bank answers an average of 71313 month. Mobilehome Housing SOlutions, Inc., holds seminars for park owners and tenants. They have formed a guide lease and have encouraged park owners to clearly spell out rent charges to tenants so tenants understand exactly what their rent pays for. Ms. Teeters distributed a publication from the San Bernardino County Board of Supervisors entitled Resident Options in a Mobilehome Park Purchase and answered ques- tions regarding tenant cooperative purchases of parks. COUNCIL MEMBER ESTRADA EXCUSED At 1:135 p.m., Council Member Estrada left the Work- shop. Funding for Mobilehome Housing Solutions, Inc., comes from Community Development Block Grant Funds for the County's Third District. Linda Hardy, a staff Project Manager from the County Board of Supervisors, answered questions regarding the publication. Doug Payne of the San Bernardino County Community Development Department also answered questions. Ms. Teeters answered questions regarding the communi- cations team composed of park tenants and the senior shared housing program. She stated that in some cases, Mobilehome Housing SOlutions, Inc., has encouraged the termination of park managers who did not do a good job. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Workshop. Ms. Teeters answered questions about the and stated that Mobilehome Housing Solutions, invited into San Bernardino. organization Inc., can be 12 9/21/87 RECESS MEETING At 1:30 p.m., Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously car- ried, that the meeting be recessed until 2:00 p.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECONVENE MEETING At 2:05 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Deputy City Attorney Wilson, City Clerk Clark, City Admin- istrator Schweitzer. Absent: Council Member Estrada. PRESENTATION - BICENTENNIAL CERTIFICATES Dr. William Coleman, Chairman of the Bicentennial Commission, presented Certificate of Appreciation Plaques to the Mayor and Common Council, Elected Department Heads and to Thelma Press, Executive Director, Cultural & Inter- national Affairs. CHANGE OF ZONE NO. 87-19 - CHANGE ZONE FROM "T" TRANSITIONAL AND R-1-7200 SINGLE FAMILY RESIDENTIAL TO C-3A LIMITED GENERAL COMMERCIAL ZONE. - REDEVELOP- MENT AGENCY - BASELINE AND MEDICAL CENTER DRIVE In a memorandum dated September 21, 1987, Ann Sira- cusa, Director of Planning, stated that at the meeting of September 8, 1987, the Planning Commission recommended adoption of the Negative Declaration for environmental impact and approval of Change of Zone No. 87-19. The applicant/owner of the property, the Redevelopment Agency of the City of San Bernardino, requests approval to change the zone from "T" Transitional, and R-1-7200, Single Fam- ily Residential, to a C-3A Limited General Commercial Zone. Subject property is approximately 10 acres located generally at the northeast corner of Baseline Street and Medical Center Drive. (48) Ms. Siracusa, Planning Director, stated that several residents of the area had expressed interest in the proj- ect that would be proposed in the future, and that their names and addresses had been given to the Redevelopment Agency, so that they could be contacted in the future about any development. Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, to approve the responses to comments and to adopt the Negative Dec- laration for environmental impact which has been reviewed and considered. Council Member Reilly made a motion, seconded by Council member Miller and unanimously carried, to approve the findings and the recommendation of the Planning Com- mission and to direct the City Attorney to prepare the necessary amendments to the Zoning Ordinance. APPEAL - PLANNING COMMISSION'S DENIAL - CONDITIONAL USE PERMIT NO. 87-41 - SALE OF ALCOHOLIC BEVERAGES FOR OFF-SITE CONSUMPTION - L & M DEVELOPMENT GROUP - 40TH STREET AND MT. VIEW AVENUE This is the time and place set to hear an appeal filed by Paul Max, L & M Development Group, owner, on behalf of Applicant Oro Engineering Corp., on the Plan- 13 9/21/87 ning Commission's denial of Conditional Use Permit No. 87-41, to permit the sale of alcoholic beverages for off- site consumption. The proposed location is at the south- east corner of 40th Street and Mt. View Avenue. (49) Mayor wilcox opened the hearing. Planning Director Siracusa presented the background of Conditional Use Permit No. 87-41, and explained that the Planning Commission and the Police Department recom- mended denial, based on the number of other alcohol out- lets in the area, and the residential use of the property to the south which is separated only by an alley. Ms. Siracusa stated that the applicant appealed the Commis- sion's decision, contending that the General Plan and Zoning Code both designate this land for commercial use and it is in conformance with the surrounding area. Ms. Siracusa stated that an apartment owner across the alley expressed concern, and a letter of protest was received from a resident across Mt. View, based on too many outlets selling alcohol in the general area. Paul Max, L & M Development Group, Owner, explained that they had not learned of the staff recommendation for denial until 24 hours prior to the Planning Commission hearing. He explained that some other outlets in the area are not using their liquor licenses, and it was his opin- ion that there was not a proliferation of convenience markets in the area. He requested approval of the Condi- tional Use Permit and suggested that a condition might be added that would call for a review after a certain period of time to show that there was no problem. He also sug- gested that they might try to purchase an existing off sale license from someone in the area, so there would be no additional license. Doug Nye, Real Estate Acquisition Manager, represent- ing Circle K, which is headquartered in Phoenix, Arizona, stated they started this business in 1951, and now have 383 stores and many in the San Bernardino area. He ex- plained that they do not franchise their stores, so have tighter control over their operations, and are upgrading facilities in the area. Mr. Nye answered questions, stating that it would not be feasible to do business without a liquor license, as the sale of beer and wine constitutes 22% of their sales. Lt. Richards, Vice & Narcotics, Police Department, displayed a chart which showed the number of liquor out- lets in the area, and stated that there is drinking in the nearby Wildwood Park. He also quoted figures from the census tracts relating to liquor licenses in the area. Mr. Nye stated they would consider buying an existing liquor license, thus keeping the census tract stable. Dr. Holding, owner of a six unit apartment complex across the alley from the proposed market, spoke against granting the Conditional Use Permit, stating he felt it would create noise and disturbances to his tenants. Helen Kopczynski, 8150 Cable Canyon Drive, San Ber- nardino, spoke against granting the CUP, as she felt the City does not need additional liquor stores. 14 9/21/87 Bob Chambers, Real Estate Manager for Circle K, with offices in Fontana, explained that they wish to work with communities where their stores are located and cooperate in every way they can. He stated they are aware of prob- lems with juveniles and they check every I.D. of anyone appearing to be under 30 years of age. They also attempt to prohibit loitering by removing pay phones and video games on the premises. Mr. Chambers reviewed the various civic contributions the stores make to the local com- munity. Council Member Minor made a motion, Council Member Miller, to close the hearing appeal and Conditional Use Permit No. 87-41. seconded by and deny the The motion carried by the following vote: Ayes: Council Members Reilly, Flores, Minor, Miller. Noes: Council Members Maudsley, Pope-Ludlam. Absent: Council Member Estrada. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. STREET VACATION - NEGATIVE DECLARATION - FINDING OF GENERAL PLAN CONSISTENCY - PUBLIC WORKS PROJECT NO. 87-10 - 40TH STREET AND KENDALL DRIVE In a memorandum dated September 10, 1987, Planning Director Siracusa explained that the vacation of a portion of the northwest corner of 40th Street and Kendall Drive is proposed in relation to the development and realignment of the curb along the area of proposed vacation. (50) Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, to adopt the Negative Declaration for Public Works Project 87-10, to approve the vacation of a portion of the northwest corner of 40th Street and Kendall Drive, and to adopt a Finding of General Plan Consistency. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. APPEAL - PLANNING COMMISSION'S DENIAL - VARIANCE 87-31 - EXCEED MAXIMUM HEIGHT AND SIZE OF FREEWAY SIGN - UNIVERSITY PARKWAY & INTERSTATE 215 - SHELL OIL COMPANY This is the time and place set to hear an appeal filed by M. M. Smith, Shell Oil Company, for owner CC San Bernardino, Inc. on the Planning Commission's denial of Variance 87-31 to exceed the maximum height and size of a freeway identification sign in the C-3A Limited General Commercial Zone. The location of the proposed sign is the southwest corner of University Parkway and Interstate 215. (51) Mayor wilcox opened the hearing. Planning Director Siracusa explained this appeal is to waive the sign requirement to allow a free standing pole sign to exceed the maximum height and to allow for the consolidation for three signs into one sign exceeding the maximum area of 150'. The proposal would be a single sign 80' in height with three 8' x 8' logo signs to serve three parcels. The purpose of the request is to provide visibility from the northbound freeway traffic. Ms. Siracusa stated that the Planning Commission had denied the request for the variance, but that staff had recommended approval. 15 9/21/87 Richard Wesslink, property owner, stated his property is situated 20' below grade, and the requested pole height is a necessity to provide visibility from northbound free- way traffic. He explained that he had contacted the adja- cent property owners and they had agreed that one attrac- tive sign with their three logos would be more feasible than three separate signs. Helen Kopczynski, 8150 Cable Canyon Drive, spoke against the proposed sign because of the height, and sug- gested that regulation signs be erected at other loca- tions. Mr. Wesslink answered questions, stating that studies had been completed regarding the safety factors, such as wind and earthquake resistance, and the proposed sign was found to be satisfactory. City Attorney Penman stated that legal findings, such as the unique topography, were present in this case to warrant approval of the variance. Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, to close the hearing, uphold the appeal, approve Variance 87-31, and adopt the following findings: 1. There are exceptional or extraordinary circum- stances or conditions applicable to the property involved, or to the intended use of the property, which do not apply generally to other property in the same zoning district and neighborhood in that the general topography of the surrounding areas to the south prevents adequate display of motorist information allowed by code at a lower height. 2. Such variance is necessary for the preservation and enjoyment of a substantial property right of the ap- plicant in that the General Plan has specifically desig- nated this site for highway commercial. The viability of a commercial enterprise oriented to highway travelers is significantly diminished without the benefit of adequate freeway identification. 3. The granting of the variance will not be materi- ally detrimental to the public welfare or injurious to property and improvements in the zoning district and neighborhood in which the property is located in that the proposed signage will not block or diminish the visibility of other properties in the surrounding area. 4. The granting of such a variance will not be con- trary to the objectives of the Master Plan in that the State College Area General Plan and Redevelopment Plan encourage development standards and proposals that will enhance the image and overall environment of the City and State College Area of the City in particular. The pro- posal will result in a consolidation of sign area to a lesser amount of square footage than would be allowed by code on an individual basis. APPEAL HEARING - UNDERGROUNDING UTILITIES _ REQUEST FOR TEMPORARY EXEMPTION - SIMA PROJECT _ MILL AND "G" STREETS - IRVING CHASE, S & A PROPERTIES - CONTINUED FROM SEPTEMBER 8, 1987 This is the time and place continued to for consider- ation of an appeal filed by Irving Chase, S & A Proper- ties, for a temporary exemption of the requirement of undergrounding utilities on a project located at Mill Street and "G" Street. (33) 16 9/21/87 I Mayor wilcox opened the hearing. Mike Wimbush, a partner with SIMA, 850 W. Baker, Costa Mesa, CA, referred to previous action regarding the request for a temporary exemption from undergrounding utilities in the SIMA Project at Mill and "G" Streets, in which there was a misunderstanding as to what was re- quired. Mr. Wimbush stated they had received a map stamped "approved", and a second map was approved with a standard list of conditions. He stated they were given a statement that said "unless exempted". He stated they were told that Edison was requiring them to move the poles, not to underground the lines. Irv Chase, General Partner, stated that the facts are that they have an approved map and permits. They were moving power lines so there was never any reason for them to come back to the Council for an appeal. Recently, they received a letter from Roger Hardgrave, Director of Public Works/City Engineer, informing them that there had to be undergrounding, which was the first they had heard of that requirement. Mr. Chase stated that every pr inted condi- tion they received from the Planning Department said "Un- less exempted from the Planning Department." It was their impression they were exempted. Mr. Chase stated that they were going to have a proj- ect finished in about two weeks or a month, and there would be no utilities. Roger Hardgrave, Director of Public Works/City Engi- neer, stated that an assessment district would be a viable option. It could be included in the remainder of the Central City South Assessment District or could be set up as a separate one. Mr. Chase stated they would post a bond to join the assessment district once it had been formed. If it were not established, then the lines would not be put under- ground. City Attorney Penman stated that all the Council's actions have been that if the assessment district is not formed within a given time, the developer's bonds would be forfeited. He stated, that to his knowledge, it has never been considered in any other way. He urged that every- thing be in writing, so there were no misunderstandings. John Hoeger, Development Specialist, Redevelopment Agency, distributed a Supplemental Report for the SIMA Development dated September 21, 1987. The "Original" Parcel Map contained a standard requirement: "All utility lines shall be installed underground subject to exceptions approved by the Planning Department and the City Engi- neer". The conditions of approval also specified that the required improvement of "G" street would "Underground existing overhead power and telephone lines along "G" Street and remove power poles . . ." As far as he knew, no exception was ever granted. In the revised map, it stated that all utilities, including transmission less than 66 KV shall be underground. Mr. Hoeger answered questions, stating that the Dis- position and Development Agreement is silent about under- grounding utilities per se. Mayor wilcox read provisions from the Agreement on Page 33, Exhibit "B". 17 9/21/87 City Attorney Penman stated he was not aware of the Agreement and would like to study it before giving a recommendation. Mr. Wimbush stated they would like some direction as to how they can get the project open and operating with utilities. He stated they would be willing to form a separate assessment district. Council Member Pope-Ludlam made a motion, seconded by Council Member Minor, that the Council carry through with the motion made at the last Council meeting, putting to- gether an assessment district for this property only. City Attorney Penman stated he felt the Redevelopment Agency had tied the Council's hands in this matter because of the conflict between the City's resolution and the Disposition and Development Agreement which was approved through the Redevelopment Agency. Since he had not seen this document previously, he wanted more time to read it before further action is taken. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meet- ing and took her place at the Council Table. Council Member Pope-Ludlam withdrew her previous motion, and Council Member Minor withdrew his second. Council Member Reilly made a motion, seconded by Council Member Flores, that the appeal hearing regarding a temporary exemption for undergrounding utilities for the SIMA Project at Mill Street and "G" Street be continued to October 5, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The Council Miller. Council motion carried by the following vote: Ayes: Members Reilly, Flores, Minor, Pope-Ludlam, Noes: Council Member Maudsley. Abstain: Member Estrada. Absent: None. Additional information: Later in the meeting, City Attorney Penman announced that Sr. Assistant City Attorney Barlow had read a portion of the Redevelopment Agreement and that the Agreement provides that the Redevelopment Agency had agreed to pay the cost of undergrounding util- ities for SIMA, with the exception of $112,044. APPEAL HEARING - CONDITIONAL USE PERMIT NO. 87-27 - STANDARD CONDITION NO. 10 - UNDERGROUNDING UTILITIES - ROY F. KROLL & ASSOCIATES - NINTH AND TIPPECANOE AVENUE - CONTINUED FROM SEPTEMBER 8, 1987 This is the time and place continued to for consider- ation of an appeal filed by Roy F. Kroll & Associates, Inc./Applicant Lindsay Barto, Owner, on the Planning Com- mission's approval of Conditional Use Permit No. 87-27, in particular, Standard Condition No. 10 which states "All utility lines shall be installed underground subject to exceptions approved by the Planning Department and the City Engineer." (34) Mayor Wilcox opened the hearing. City Administrator Schweitzer explained that this project does have some unique circumstances. Under the first phase, they were exempted from undergrounding. The second phase is smaller than the first, and undergrounding costs are very high. 18 9/21/87 -I It was stated that at the Legislative Review Commit- tee this project was discussed. This is a Recreational Vehicle over-night park and borders on the Flood Control ditch north of 9th Street and west of Tippecanoe. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. Roger Hardgrave, Director of Public Works/City Engi- neer, stated that Edison said that they would pick up the cost of the undergrounding as part of Phase One, and had the service exempted. Edward Leonelli, 9937 W. Waterman Ave., San Bernar- dino, co-owner of the property, explained the background of his project. They received a CUP on April 22, 1986, and completed the 80s paces in December, 1986, a nd were given a waiver of undergrounding. They received approval for Phase II in June, 1987. On June 15, 1987, Res. 87-189 regarding underground utilities was adopted, of which he had no knowledge. He also stated the City was asking him to pay for the Flood Control property. Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions regarding underground utilities for the Flood Control property, stating there is some distance between the flood control line and the bridge. Normally the developer is asked to extend the string of improvements to the bridge, so there is no gap. In this case, it is an excessive distance. City Attorney Penman stated that he did feel that this development was unique because of the excessive dis- tance. He also stated that many of the developers had felt that the undergrounding of utilities had been waived by either the previous Planning Director, or the City Engineer. Roger Hardgrave, Director of Public Works/City Engi- neer, stated he has never waived any undergrounding util- ity requirement. Mr. Leonelli stated that the ultimate use of this property will be a commercial building, and it was his opinion that would be the proper time to underground the utilities. Mr. Leonelli stated that his busiest time is from about October 1 until Easter, and if he can't go ahead with his development, he is out of business. City Attorney Penman stated that earlier in the meet- ing the Council voted to direct the City Attorney and City treasurer to prepare a mechanism whereby the City and developer can enter into an agreement, secured by a deed of trust on the property, for installment payments over a period of five years toward the cost of installing under- ground utilities, to be brought back to the Council on October 5, 1987. (See page 10) Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the appeal regarding Conditional Use Permit No. 87-27 be con- tinued to October 5, 1987, when the concept proposed by City Attorney Penman and Deputy City Administrator Rich- ardson is heard. (See above) 19 9/21/87 City Attorney Penman stated that he didn't believe he had ever indicated that the Council couldn't waive the undergrounding requirement. The resolution clearly says it is appealable to the Mayor and Common Council for excep- tions. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. APPEAL FROM REQUIREMENT TO UNDERGROUND UTILITIES - RICHARD I. HEHR - NORTHEAST CORNER OF 40TH STREET AND SEPULVEDA AVENUE City Attorney Penman explained that this developer had lease agreements ready to start on October 1, 1987, and couldn't get a Certificate of Occupancy because they had not undergrounded the overhead lines. He stated he had not seen anything to indicate they were told they were required to underground overhead lines, but he hadn't seen all the documents. (S-7) Mr. Richard Hehr responded to questions, stating he would not be willing to agree to the solution that had been suggested in other undergrounding hearings until he had an opportunity to present his entire case. It was decided that this matter would be heard at a later time. (See page 35) PROPOSED MOBILE HOME PARK RENT MORATORIUM ORDINANCE _ CONTINUED FROM SEPTEMBER 8, 1987 This is the time and place continued ation of a proposed mobile home park rent nance. to for consider- moratorium ordi- (52, S-4) ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING THAT RENTS FOR MOBILE HOME SITES SHALL NOT EXCEED THOSE IN EFFECT ON JULY 1, 1987, AND TEMPORARILY PROHIBITING RENTAL INCREASES THEREFOR, AND DECLARING THE UR- GENCY THEREOF. (52) Ken Henderson, Director, Community Development De- partment, gave the background of Council action taken at previous public hearings, including the recommendation that staff go out for an RFP to survey mobilehome park owners and tenants to determine the extent of the problem, and to allow an additional two weeks to collect the neces- sary signatures from owners for a voluntary freeze on rents that would be effective by an MOU between owners and tenants. He set forth the three options to be considered today: 1. Consider the adoption of the proposed ordinance; 2. Authorize the execution of an MOU between the owners and tenants; 3. Authorize issuance of an RFP. Mr. Henderson corrected figures set forth in the "Request for Proposals" (S-4), as follows: Under II BACK- GROUND, paragraph two, is should read that there are 38 mobile home parks with approximately 3773 spaces. Mr. Henderson further reviewed the report. 20 9/21/87 "--- Mr. Henderson answered questions regarding the imple- mentation of the RFP, stating there is a list of organiza- tions that do this kind of research. He will send out 50-55 letters requesting responses, and from a probable 10-12 responses, about six-eight will meet the minimum requirements. He also explained that the 90 day morator- ium was recommended to allow time to obtain sufficient information to make an informed decision as to the problem. Clay Hage, Regional Director, Western Mobilehome Association, and also representing the San Bernardino Park Owners Association, 3773 Tibbett Street, Riverside, ex- plained a letter that indicated that almost 100% of the park owners agreed to voluntarily suspend rent increases for 90 days, and confirmed their continued support with the Council in resolving the issue of rent control. Mr. Hage was commended for the excellent response of the mobilhome park owners. Sally Wilder, representing the tenants, stated they would like a certified list of names of park owners, if available. She stated that the tenants have an organiza- tion called MORE (Mobile Horne Residents Enterprise). She pledged cooperation and stated they believe owners deserve to make a profit and only asked for fair treatment for the tenants. She stated they are 100% against the Yucaipa Plan. Mayor Wilcox reviewed the background of the action thus far regarding the voluntary rent increase moratorium which began on September 8, 1987. Ken Henderson, Director of Community Development Department, explained what type of information would be requested by the consultant to be selected by the RFP, such as age, number in household, income, amount of hous- ing costs and history of rent increases. He stated that this information is necessary to make a reliable decision. Sally Wilder stated she felt it was an infringement of tenants' privacy to be questioned regarding their income. Ralph Hernandez, City resident, stated he felt the action being suggested was unfair to both owners and ten- ants, as some owners have already gotten rent increases which would give them unfair advantage. Ken Henderson reaffirmed his previous suggestions regarding the development of an MOD, issuance of RFPs, and the continuance of the ordinance to some future date. City Attorney Penman stated that an MOD would be a waste of time, as it couldn't be enforced. Council Member Estrada made a motion, seconded by Council Member Miller, that said ordinance be continued to October 5, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The Council Miller. None. motion carried by the following vote: Ayes: Members Estrada, Reilly, Minor, Pope-Ludlam, Noes: Council Members Flores, Maudsley. Absent: 21 9/21/87 Council Member Estrada made a motion, seconded by Council Member Miller, that the Mayor and Common Council authorize and direct staff to issue a Request for Pro- posals (RFP) for the purpose of retaining a consultant to conduct a survey of mobile home park tenants and mobile home park owners located within the corporate boundaries of the City. The Council Miller. None. motion carried by the following vote: Ayes: Members Estrada, Reilly, Minor, Pope-Ludlam, Noes: Council Members Flores, Maudsley. Absent: RECESS MEETING - CLOSED SESSION At 5:05 p.m., Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously car- ried, that the meeting be recessed to a Closed Session pursuant to Government Code Section 54956.9(c) to confer with its attorney and to decide whether or not to initiate litigation. CLOSED SESSION At 5:05 p.m., the Closed Session was called to order by Mayor wilcox in the Conference Room of the Council Chambers of City Hall, 300 North "0" Street, San Bernar- dino, 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, City Administrator Schweitzer. Absent: City Clerk Clark. Also present: Attorney Coleman Walsh. ADJOURN CLOSED SESSION At 5:35 p.m., the Closed Session adjourned to the Regular Meeting in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECONVENE MEETING At 5:35 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Ad- ministrator Schweitzer. Absent: None. PUBLIC HEARING - GENERAL EMPLOYEE BARGAINING UNIT NEGOTIATIONS - IMPASSE PROCEDURES This is the time and place set for a public hearing to consider initiating impasse procedures relative to the General Employee Bargaining Unit negotiations. (54) Mayor Wilcox opened the hearing. Mr. Coleman Walsh, the City's negotiator with the General Employee Unit, stated that the City had met with the General Unit fifteen to sixteen times. On August 26, 1987, the representatives of the General Unit stated they believed that they had reached an impasse where there could be no further movement in the negotiation sessions. 22 9/21/87 The last official offer by the City included a wage adjustment for members of the Unit in addition to a 4% cost of living increase, the addition of the Dr. Martin Luther King, Jr. holiday, and an additional $20.00 per month for each employee toward health insurance in Jan- uary, 1988, when rates are expected to rise. The salary survey would provide what is known as "Step to X", which would grant employees increases to the next highest rate but not necessarily to the step they are in now. In exchange, there would be a twelve month moratorium on step increases for the General Unit. Em- ployees who have already reached Step "E" in the present rate structure would not be adversely affected by the rate moratorium because they have reached their top step and would not be advancing. One of the major objections to the union's demands is the request for agency shop where all employees in the General Unit would be required to have an equivalent of union dues deducted from their check each pay period. The money could be designated for union dues or charitable donations. The City is requesting that there be no agency shop and that whenever union participation for the current membership is less than 50%, the City be released of their obligation to collect union dues through the payroll de- duction process. The City wants the polygraph provisions in the cur- rent MOU to remain the same and for overtime to remain the same. The union wants to add funeral leave as a benefit to the General Employees. Both sides have agreed to removing the Personnel Director from the grievance procedure, but the union is asking for binding arbitration if it becomes apparent that the City Administrator will not respond to grievances in place of the Personnel Director. The MOU that program. City wants to add a substance abuse policy to the gives employees a second chance and a counselling There has been no agreement on this issue. Mr. Walsh stated that the Mayor and Council author- ized a certain amount to the City's representatives for the negotiation process and 100% of that has been offered to the General Unit. Presently, the union's demands and what the City is offering, differ by a total dollar amount of $1,900,000. Another issue in the negotiation process has been the City's contribution toward the employees' retirement plans through PERS. Mr. Walsh pointed out that in the past other units, i.e., Management and Mid-Management, have foregone salary increases for increases in the benefit packages. Therefore, it is not always possible to draw a direct comparison when talking about benefits from unit to unit. Mr. John Wyrough, Executive Director of AFSCME Indus- trial Council No. 36, stated that AFSCME is the largest and best representative of Public Employees in the United States, and stated that it is AFSCME's philosophy that reasonable people can always find solutions to problems. Ed Lehmann, Business Representative for AFSCME Local 122, stated that he truly regrets that each side has reached an impasse. He pointed out some deficiencies in the negotiation process including a delay in the start of 23 9/21/87 negotiations. He also stated that he felt that on July 30, 1987, the City breached the ground rules of the bar- gaining process by publishing information regarding the progress of negotiations. Mr. Lehmann objected to the City's proposal for the "Step to X" in the wage adjustments because employees will have to sacrifice their step increases for twelve months. He also pointed out some inequities in the wage study. For example, the consultant only used two other cities to determine the appropriate wage for survey crews, and in addition, two employees would be downgraded under the study. There were no provisions to "Y Rate" these two employees. Mr. Lehmann also pointed out that the amount offered by the City for insurance increases will not cover the total amount of increases expected. Adam Webb, President of Local 122, stated that all surrounding cities have a better contract than the one being offered by the City of San Bernardino, and distri- buted a comparison chart of benefits for the cities of San Bernardino, Fontana, Garden Grove, Ontario, Pomona, Rancho Cucamonga, Rialto, Riverside, Fullerton, and San Bernar- dino County. Brian Hagman, Vice President and Chief Steward for Local 122, spoke regarding the elimination of the Person- nel Director from the grievance procedures, and requested that binding arbitration be offered instead. He objected to a proposal which would limit the num- ber of cases a steward would be in charge of by distribut- ing cases by area and the limitation of dual membership on the Safety & Labor Relations Committees. Mr. Hagman ex- plained that being a steward requires a special person- ality because not all union members are willing to con- front management during a grievance. Mr. Hagman requested that the proposal of the City to deny Civil Service appeals for one day suspensions be rejected. Pat Aston, Recording Secretary for Local 122, thanked the Mayor and Council for her three month leave of absence for an injury, but pointed out that the employees need a disability insurance plan to cover emergencies. Thomas Odell, Treasurer of Local 122, named employees who would lose step increases under the wage adjustment. Ruben Juarez of the Engineering Division, spoke re- garding low morale and the lack of motivation which he feels is due to low wages. The City of Riverside pays $500 per month more to start for the job he has here in San Bernardino. Bob Butler of the Engineering Division objected to the Mayor and Council's "stinginess" and spoke regarding the measure on the November ballot for a one-half cent hike in sales tax. Mayor wilcox explained that the Mayor and Council asked for the salary survey to determine where the City of San Bernardino stands in comparison to other cities. Un- fortunately, the City cannot afford to catch up all at once because funds are not available. 24 9/21/87 The Mayor responded to comments about the City's loan to the developers of the downtown hotel, explaining that these actions bring on more funds downstream to allow the upgrading of the City and the City's budget for future benefits to the employees. Right now, the City and the union are almost $2,000,000 apart, which is too much to come up with under the present economic circumstances. Mr. Lehmann stated that the General Employees had been willing to phase in the salary adjustments, but had withdrawn their offer when hit with an insulting proposal from the City. Coleman Walsh, the City's negotiator, stated that no one had denied that San Bernardino City employees were not receiving as much as others. John Larson, a Public Buildings employee, stated when the downtown hotel development went bankrupt, the City did not offer to bail him out, but subsidized another buyer for 75 years. The City could have bought the building and used it for office expansion. Robert Rees, Senior Dispatcher for San Bernardino Police Department, expressed concern regarding the number of lateral transfers by dispatchers from San Bernardino to other entities. Rita Mayoral, Police Department employee, spoke of being proud to be a City employee, but complained regard- ing the lack of a long term disability program and low salaries. Ann Imperato, former AFSCME representative for the General Unit, stated that the General Employees used to have funeral leave and the City promised it would not be removed. Ed Lehmann and Brian Hagman spoke regarding compari- son cities used for the wage survey. City Administrator Schweitzer explained in detail why the City is under unusual fiscal constraints. The City has very little in the unappropriated reserve and no lia- bility reserves. The City is self insured due to the unavailability of insurance and has lost revenue sharing funds previously used for employee expenses. For the first time, the Police Department budget was cut. He explained that the present Mayor, City Council and City Administrator have inherited this situation and are very sympathetic to the employees' needs, but are unable to implement the new salary schedule all at once. City Administrator Schweitzer answered questions regarding the current hiring freeze which is designed to set aside money for increases in wages of all city employ- ees, including Police, Fire, Mid-Management, Management and General. Ruben Juarez of the Engineering Division spoke re- garding the City having to hire more new employees and that the old employees will not be around to train the new ones. City Attorney Penman referred to a proposal by the City to remove Civil Service appeals from one day sus- pensions and stated that the Charter prohibits any reduc- tion in compensation without Civil Service appeal rights. 25 9/21/87 City Administrator Schweitzer told the General Unit representatives that if they would drop their request for agency shop, that the City would withdraw its proposal to stop payroll deductions when union membership drops below 50 %. The matter of polygraph tests was clarified. The present MOU states that no employee will be required to take a polygraph test as a condition of retention of em- ployment with the City in a non criminal matter. Appar- ently, both sides want this section to remain in the new MOU. The Mayor and Council thanked the employees and the AFSCME representatives for a well organized presentation, and reiterated the economic constraints of the City. Council Member Minor made a motion, seconded by Council Member Estrada and unanimously carried, to agree to go back to the bargaining table with the understanding that the dollar amount set aside for employee salaries and benefits won't change, but that there is still room for movement. On behalf of the General Unit, Ed Lehmann stated he understood and agreed to get a vote on going back to the table. RES. 87-331 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STURGES FOUNDATION FOR A GRANT IN THE AMOUNT OF $18,910.36 TO PAR- TIALLY FUND THE COST OF AN ADDITIONAL EM- PLOYEE. (37) (Continued from September 8, 1987) City Clerk Clark read the title of the resolution. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that fur- ther reading of the resolution be waived and said resolu- tion be adopted. Resolution No. 87-331 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council Meeting. READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of all the resolu- tions on the Agenda. Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of all the resolutions on the Agenda be waived. COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his place at the Council Table. RES. 87-332 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SCHEDULE OF CHARGES FOR THE SALE OF MATERIALS AND SERVICES BY THE CEMETERY COMMISSION OF SAID CITY; AND REPEALING RESOLUTION NO. 84-292 AND ALL SUBSEQUENT AMENDMENTS THERETO. (12) 26 9/21/87 L Counci 1 Member Flores made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 87-332 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-333 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 83-241 ENTITLED IN PART "RESOLUTION. . . PROVID- ING NOTICE OF THE TIMES, DATES AND PLACES OF REGULAR MEETINGS OF THE VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES " TO CHANGE THE TIME THAT THE CIVIL SERVICE BOARD MEETS AFTER HEARINGS. (14) Council Member Flores made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 87-333 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-334 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO URGING APPROVAL FOR ASSEMBLY BILL 1608, A STATEWIDE TRAFFIC SAFETY MEASURE. (15 ) Council Member Flores made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 87-334 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-335 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CHANGING THE NAME OF 31ST STREET, BETWEEN HIDALGO DRIVE AND MARY ANN LANE, TO DEL NORTE DRIVE, WITH AN EFFECTIVE DATE OF OCTOBER 1, 1987. (16) Council Member Estrada made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 87-335 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-336 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING ASSESSMENT ROLL NO. 982 FOR THE MAINTENANCE OF FUTURE LAND- SCAPING IN PORTIONS OF THE NORTH SIDE OF CITRUS STREET AND THE SOUTH SIDE OF PIED- MONT DRIVE WITHIN THE BOUNDARIES OF TRACT NO. 13329, IN THE CITY OF SAN BERNARDINO, AND APPROVING ASSESSMENT DIAGRAM MAP NO. 982. (17) Council Member Estrada made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 87-336 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sen t: None. 27 9/21/87 RES. 87-337 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985, ENTITLED IN PART "A RESOLUTION. . . PRO- HIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF. . ." TO ES- TABLISH A NO PARKING ZONE ON BOTH SIDES OF LYNWOOD DRIVE BETWEEN THE NORTHEAST CURB- LINE OF BELVEDERE AVENUE AND THE WEST CURB- LINE OF ROCKFORD AVENUE THEREOF. (18) Council Member Estrada made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 87-337 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-338 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 2482 ENT ITLED IN PART "A RESOLUT ION . . . DES IG- NATING CERTAIN STREET INTERSECTIONS WHERE A STOP IS REQUIRED. ."; AND AUTHORIZING THE INSTALLATION OF A STOP SIGN ON MT. VIEW AVENUE AT ITS INTERSECTION WITH THIRTY- SEVENTH STREET. (19) Council Member Estrada made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 87-338 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-339 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 2482 ENTITLED IN PART "A RESOLUTION . . . DESIG- NATING CERTAIN STREET INTERSECTIONS WHERE A STOP IS REQUIRED. ."; AND AUTHORIZING THE INSTALLATION OF A STOP SIGN ON MT. VIEW AVENUE AT ITS INTERSECTION WITH THOMPSON PLACE. (20) Council Member Estrada made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 87-339 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-340 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BOYLE ENGINEERING CORPORA- TION RELATING TO THE ENGINEERING DESIGN OF ON/OFF RAMPS FROM 1-10 TO HOSPITALITY LANE, + 650 FEET EAST OF WATERMAN AVENUE. (21) Council Member Reilly made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 87-340 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. 28 9/21/87 RES. 87-341 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT WITH MC GEE & SONS VEND- ING RELATING TO THE PLACEMENT OF VENDING MACHINES IN PUBLIC BUILDINGS. (22) Council Member Reilly made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 87-341 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sen t : None. READING AND WAIVING OF ORDINANCES City Clerk Clark read the titles of all the ordi- nances on the Council Agenda. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that fur- ther reading of all the ordinances on the Agenda be waived. ORD. MC-606 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO AMENDING SECTION 9.90.010 SUB- SECTION (A) OF THE SAN BERNARDINO MUNICIPAL CODE TO AUTHORIZE THE DIRECTOR OF BUILDING AND SAFETY AND CODE COMPLIANCE OFFICERS TO ISSUE NOTICES TO APPEAR FOR VIOLATION OF THE SAN BERNARDINO MUNICIPAL CODE AND ALL OTHER CODES INCORPORATED THEREIN BY REF- ERENCE. (23) Council Member Flores made a motion, seconded by Council Member Estrada, that said ordinance be adopted. Ordinance MC-606 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. ORD. MC-607 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO AMENDING SECTION 15.28.140 TO PROVIDE CRIMINAL PENALTIES FOR REMOVAL OF "DANGER" SIGNS. (24) Council Member Flores made a motion, seconded by Council Member Estrada, that said ordinance be adopted. Ordinance MC-607 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. ORD. MC-608 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO ADDING SECTION 3.04.110 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE DISPOSAL OF SURPLUS VEHICLES AND EQUIP- MENT. (25) Council Member Flores made a motion, seconded by Council Member Estrada, that said ordinance be adopted. Ordinance MC-608 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. 29 9/21/87 ORD. MC-609 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 9.80.060 OF THE SAN BERNARDINO MUNICIPAL CODE TO MAKE A VIOLATION OF CHAPTER 9.80 A MISDEMEANOR AND AMENDING SECTION 1.12.010 TO INCREASE THE PENALTY FOR A MISDEMEANOR COMMITTED WITHIN THE CITY'S JURISDICTION. FINAL (26) Council Member Flores made a motion, seconded by Council Member Estrada, that said ordinance be adopted. Ordinance MC-609 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.60.070 OF THE SAN BER- NARDINO CODE TO CLARIFY THAT ABANDONED SIGNS CONSTITUTE A NUISANCE. FIRST (27) Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that said ordinance be laid over for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 19.40.060 TO THE SAN BERNAR- DINO MUNICIPAL CODE TO PROVIDE FOR AN OPEN VIEWING AREA FOR ADULT ARCADES. FIRST (28 ) Council Member Reilly made a motion, seconded by council member Maudsley and unanimously carried, that said ordinance be laid over for final passage. DISPOSITION OF CASES FILED AGAINST THE CITY _ CONTINUED FROM JULY 20, 1987 This is the time and place continued to on the disposition of cases filed against the Bernardino. for a report City of San (35) In a memorandum dated June 11, 1987, E. M. Light, former Director of Risk Management, summarized the City's general and auto liability experience for five fiscal years in the form of an "Executive Summary". Council Member Maudsley made a motion, seconded by Council Member Estrada and unanimously carried, that the report on the disposition of cases filed against the City of San Bernardino be continued to November 2, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. JOINT POWERS AGREEMENT - CITIES OF THE COUNTY OF SAN BERNARDINO - COMMON LEGAL CLAIM FOR TRAFFIC FINES DUE 17 COUNTY CITIES - CONTINUED FROM AUGUST 17, 1987 This is the time and place continued to for discus- sion regarding participation in a Joint Powers Agreement with other County cities to file a legal claim to pursue equitable distribution of traffic fines forfeitures and assessments under Penal Code Section l463.1(c) (36) Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that the matter of filing a Legal Claim for traffic fines from the County be continued to December 7, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. COUNCIL MEMBER MINOR EXCUSED Council Member Minor left the Council Meeting. 30 9/21/87 RES. 87-342 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING A LIEN ON A CERTAIN PARCEL OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF A PUBLIC NUISANCE. (829 SPRUCE STREET) - Continued from September 8, 1987 (38) City Clerk Clark read the title of the resolution Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolution be waived and said resolu- tion be adopted. Resolution No. 87-342 was adopted vote: Ayes: Council Members Estrada, Maudsley, Pope-Ludlam, Miller. Noes: Council Member Minor. by the following Reilly, Flores, None. Absen t: COUNCIL MEMBER MINOR RETURNED Council Member Minor returned to the Council Meeting and took his place at the Council Table. DISCUSSION OF DRUG PROBLEM - SIXTH WARD In a memorandum dated September 17, 1987, Police Chief Burnett presented a memorandum dated September 16, 1987, and one dated September 17, 1987, from Captain Michael Lewis, Community Services Support Division, and a memorandum dated September 11, 1987, from Lt. W. D. Smith, "A" Team, in which they reviewed Police activities to combat illegal drug activities in the Sixth Ward of the City. (39) No official action was taken. COUNCIL PERSONNEL COMMITTEE MEETING REPORT _ SEPTEMBER 10, 1987 Council Member Reilly, Chairman of the Council Per- sonnel Committee, gave the report of the Council Personnel Committee meeting held on September 10, 1987. The follow- ing items were discussed: (40) 1. Establishment of a New Position -Spec- ial Olympic Area Director - The recommenda- tion (as attached to the report) was recom- mended for approval. The Committee empha- sized that the individual accepting the position must understand that his tenure is dependent on funds available. 2. Traffic E~~ee~in~ - Item continued for 60 days. The Deputy City Administrator for Development was asked to develop a recommended plan to be implemented next budget year. The report will address cost of reorganizing versus the status quo. 3. Review of Employment Status -Employees of Elected Officials - The attached report was received and filed by the Committee. Item closed. 4. lns!!~nc~.~~~2urvi vi~ Spouses for Retirees - Item continued. Retiree repre- sentatives will be asked if they would like to attend the October 8th meeting when this item will be discussed. 31 9/21/87 5. Code Compliance Representative - The Commltteerecommended that-thepoSition be created and authorized (as attached to the report) . Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the City Administrator be instructed to take the necessary steps to implement the Code Compliance Representative position. 6. Salary Rate Study for Position of Director of Community Development - Item continued. Additional information is to be presented at the October 8th meeting. Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the minutes of the Council Personnel Committee meeting held September 10, 1987, be received and filed. LEGISLATIVE REVIEW COMMITTEE REPORT - SEPTEMBER 10, 1987 Council Member Maudsley, Acting Chairman, Legislative Review Committee, presented the report of the Legislative Review Committee held on September 10, 1987. The follow- ing items were discussed: (41) 1. Installment Plan for UtilitY-Qnder- ~~undig~~os!~ - Item continued for fur- ther study. Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, to direct the City Engineer and City Attorney to prepare a revision to the existing underground utility ordinance which would require undergrounding within public street right-of-ways only when certain criteria is present, such as, but not limited to: a. Minimum amount of acreage b. Type and intensity of usage c. Cost of undergrounding in relationship to the cost of the project d. Combination of above e. Legally defensible 2. Fees and Procedures for Undergrounding Utilities at 911 W. Highland Avenue -Steven F. Gray, Gray American - See #5. 3. ~!2..Eea 1 Hearing - requ i rement of Under- grounding Utilities - Request for Temporary exemption - Sima Project at Mill street and "G" Street - Irving Chase, S & A Properties - See #5. 4. Appeal Hearing - requirements of Under- grounding Utilities - Request for Temporary ~xemption - 455 South "D" Street - Lionel S. Heller - See #5. 5. Appeal - Planning Commission's Approval of Conditional Use Permit No. 87-27 - Roy F. Kroll & Associates, Inc. -The Committee recommended that City Administrator and Director of Public Works address the issues individually and bring recommendation back to Council on September 21. 32 9/21/87 6. Police Automobile Policy - The Commit- tee received a report (as attached to the minutes) and recommended the status quo. 7. Report from City Administrator Describ- in~ossible Alternatives to Functions of Risk Management Division -Item continued to allow further review by the City Attorney. 8. General Vehicl~sage-B.epQ!.! - Item contfnued:- 9. Proposed Development Procedure - Item continued. 10. Vending Ordinance - Item continued for 30 days to allow City Clerk to review. 11. ~~t Relative to Method of Collec- tion and L~.!i!~!.......J~ddi.!!.9. a Penalty Charge When Abatement Cost is Placed on Tax Rolls - Item continued to allow the Direc- tor-of Finance to review. 12. Proposed Revisions to Municipal Code - ~~uirement for Connection of Developments to City Sewer System - The Committee recom- mended approval with the stipulation that the following be added: "The contractor must record any lateral or saddle installa- tion on the sewer main to the City Engi- neering Department." 13. Review of No Smoking Ordinance - The Committee, at the request of the San Ber- nardino Chamber of Commerce, continued this item. 14. Closed Session Participation Policies - Item continued. - Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, that the minutes of the Legislative Review meeting held September 10, 1987, be received and filed. WAYS AND MEANS COMMITTEE REPORT - SEPTEMBER 14, 1987 Council Member Estrada, Chairman of the Means Committee, gave the report of the Ways Committee meeting held on September 14, 1987. lowing items were discussed: 1. Participation in the Amount of $119,000 for Storm Drain - Small Canyon drainage from Atlantic Avenue to Highland Avenue - The Committee recommended that the City's participation in the amount of $119,000 from the 1988-89 fiscal year budget for installation of a 48-inch storm drain, from Atlantic Avenue to Highland Avenue, to convey drainage from Small Canyon, be ap- proved by the Mayor and Council, contingent upon the approval of an increase in storm drain fees. 2. ~~~i..!!.9. in Enterprise Zone tabled. Item 33 Ways and and Means The fol- (42 ) 9/21/87 Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the minutes of the Ways and Means Committee meeting held on September 14, 1987, be received and filed. ESTABLISHMENT OF LIBRARY LINE-ITEM BUDGET ACCOUNTS TO IMPLEMENT ADULT LITERACY GRANT AWARDED BY U.S. DEPARTMENT OF EDUCATION In a memorandum dated September 10, 1987, City Li- brarian Whitney stated that the U. S. Department of Educa- tion has awarded the San Bernardino Public Library, the Friends of The Dorothy Inghram Branch Library and the Provisional Accelerated Learning Center a $25,000 one-year grant commencing October 1, 1987, to teach adults to read using computer assisted instructional courseware. Mr. Whitney requested that necessary budget accounts be estab- lished to implement the grant. (44) Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that the necessary line item budget accounts be established to implement the Adult Literacy Grant awarded to the Library by the U. S. Department of Education, with the under- standing that the $6,500 advance will be reimbursed to the City when the Grant monies are received, and that the $10,000 needed for additional equipment will be obtained from another source, such as Friends of the Library. LEAGUE OF CALIFORNIA CITIES - MAYOR WILCOX _ VOTING DELEGATE - COUNCIL MEMBER REILLY _ VOTING ALTERNATE Pursuant to a memorandum dated September 11, 1987, from Mayor Wilcox, Council Member Pope-Ludlam made a mo- tion, seconded by Council Member Miller and unanimously carried, that the appointment of Mayor wilcox as Voting Delegate and Council Member Reilly as Voting Alternate to the League of California Cities be approved. (S-l) RIO VISTA (ANNE SHIRRELLS) PARK - IMPROVEMENT OF PHASE II-B In a memorandum dated September 16, 1987, Roger Hard- grave, Director of Public Works/City Engineer, stated that plans for the improvement of Phase II-B of Rio Vista (Anne Shirrells) Park have been prepared and the project is ready to be advertised for bids. The total estimated project cost is $371,000. (S-2) Council Member Pope-Ludlam, made a motion, seconded by Council Member Flores and unanimously carried, that the plans for improvement of Phase II-B of Rio Vista (Anne Shirrells) Park, in accordance with Plan No. 7038, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids. SEWER FACILITIES - CONSTRUCTION OF ROUTE 30 _ HIGHLAND AVENUE TO "H" STREET In a memorandum dated September 8, 1987, Roger Hard- grave, Director of Public Works/City Engineer, stated that plans for relocation of the sewer facilities, in conflict with the proposed Route 30 Freeway construction, have been prepared. The project consists, in general, of relo- cating sewer mains to clear the proposed freeway and ap- purtenant storm drain. The total estimated project cost is $517,000. (S-3) Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that the plans for relocation of sewer facilities in conflict with the construction of the Route 30 Freeway, from Highland 34 9/21/87 Avenue to "H" Street, in accordance with Plan No. 7116, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids. RES. 87-343 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING AN AMENDMENT TO THE SHORT TERM LOAN AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND SAN BERNARDINO NEIGHBORHOOD HOUSING SERVICES, INC., FOR INFILL HOUSING PROGRAM, AND EX- TENDING TERM OF AGREEMENT TO JUNE 30, 1988. (S-5 ) City Clerk Clark read the title of the resolution. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolution be waived and said resolu- tion be adopted. Resolution No. 87-343 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-344 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH EUGENE R. HENRIKSEN RELATING TO POLICE FIREARMS TRAINING. (S-6 ) City Clerk read the title of the resolution. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolution be waived and said resolu- tion be adopted. Resolution No. 87-344 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. APPEAL - REQUIREMENT TO UNDERGROUND UTILITIES _ RICHARD I. HEHR In a memorandum dated September 16, 1987, John wil- son, Deputy City Attorney, explained the background of the appeal for undergrounding utilities on property located at the northeast corner of 40th Street and Sepulveda Avenue, by Ms. Janice Good, 133515 Washington Blvd., #201, Los Angeles, CA 90066. The applicant was not aware that the overhead lines were to be undergrounded until approxi- mately two weeks ago. The project is complete and ready for a Certificate of Occupancy. (S-7) Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the appeal filed by Richard I. Hehr be continued to October 5, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECESS MEETING - CLOSED SESSION At 8:30 p.m., Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the meeting recess to Closed Session pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been ini- tiated and to which the City is a party as follows: (47) 35 9/21/87 -~ City of San Bernardino vs. California Construction Manage- ment, Inc., et al - Case No. 238755; Saldecke, et al vs. City of San Bernardino, et al - Case No. 236836; Cable Lake Associates vs. Cl!Y of San Bernardino Common Council, et al - Case No. 238714; ~l!Y~of~~Bernardino, et al vs. The San Manuel Band of MISSIon IndIans, et al - Case No. CV-85-6899 WJR; Saab vs. City of San Bernardino - Case No. 234561; !iarris_vs.~.!J:.Y-9.!~an Bern~dino - Case No. CV 87-4882 JSC (GX); DeTinne vs. City of San Bernardino Case No. 82B-003-214093; DeTinne vs. City of San Bernardino Case No. 83-B-054-222068; San_~ernardi~o V~l~unicipal Water District vs. All Interested in South Valle - Case No. 224322; San Bernardino Valley Municipal Water District vs. RDA and City of San Bernardino - Case No. 223718; San Bernardino Municipal Water District vs. Tri-City _ Project - Case No. 219711; Summers vs. Meyers - Federal District Court Case No. CV 83 5814 and Case No. 83A021; WCAB Settlements: Paul Gould - Fire Department - 86 SBR 122968 Barry Mallek - Police Department - 86 SBR 120562 Bill Brandon - Fire Department - 87 SBR 128151 Ernest Glass - Fire Department - 84 SBR 104191 Geraldine Longfellow - Police Department - 85 SBR 108292 Ruth Seley - Fire Department - 86 SBR 116166 CLOSED SESSION At 8:30 p.m., Mayor Wilcox called the Closed Session to order in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. 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, City Administrator Schweitzer. Absent: City Clerk Clark. COUNCIL MEMBERS ESTRADA AND POPE-LUDLAM EXCUSED Council Members Estrada and Pope-Ludlam left the Closed Session. ADJOURN CLOSED SESSION At 8:52 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 36 9/21/87 RECONVENE MEETING At 8: 52 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Council Members Estrada, Pope-Ludlam. ADJOURN MEET ING At 8:52 p.m., Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that the meeting be adjourned to 9:00 a.m., Monday, Sep- tember 28, 1987, in the Council Chambers, Ci ty Hall, 300 North "0" Street, San Bernardino, California, and continue the items listed in Agenda Item 47. ~/;/t?,6'a;?// ,/ City Clerk No. of Items: 66 NO. of Hours: 12 37 9/21/87