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HomeMy WebLinkAbout11-02-1987 Minutes City of San Bernardino, California November 2, 1987 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox at 9:03 a.m., Monday, November 2,1987, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. INVOCATION The Invocation was given by Pastor Keith Banks of the Trinity United Methodist Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tempore Maudsley. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Pope-Ludlam; City Attorney Penman. BRIEF COMMENTS BY GENERAL PUBLIC Nancy San Miguel, 5787 Christopher Street, San Ber- nardino, California, spoke regarding the nuisance caused by the daily use of off-road vehicles in the flood control channel behind her home. (A) Ms. San Miguel was informed to call the Police Department when off-road vehicles are present in the flood control channel, and that the Mayor and Common Council would notify them of her concerns. APPOINTMENTS - DISABILITY & REHABILITATION COMMISSION - ANDREE A. DISHAROON - HARRY L. CARSON, SR. - JOHN J. BUTLER In letters dated October 28, 1987, Mayor wilcox re- quested the appointments of Andree A. Disharoon of 372 E. Ralston Avenue, San Bernardino, California 92404 to a two-year term, Harry L. Carson, Sr. of 745 N. Dallas Ave- nue, San Bernardino, California 92410 to a three-year term, and John (Jack) Butler of 4642 N. Woodbend Lane, San Bernardino, California 92407 to a one-year term, on the Disability and Rehabilitation Commission. (C & S-6) Council Member Minor made a motion, seconded by Coun- cil Member Flores and unanimously carried, that the appointments of Andree A. Disharoon to a two-year term, Harry L. Carson to a three-year term, and John (Jack) Butler to a one-year term, on the Disability & Rehabili- tation Commission, be approved. Shauna Clark, City Clerk, gave the Andree A. Disharoon, Harry L. Carson Butler. Oath of Office to and John (Jack) APPOINTMENT - COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE - CONRAD DAVID VALDEZ In a memorandum dated October 28, 1987, Mayor Wilcox requested the appointment of Conrad David Valdez of 1564 W. Sixth Street, San Bernardino, California 92411, to the Community Development Citizens Advisory Committee, as requested by First Ward Council Member Estrada. (C & S-9) 1 11/2/87 Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the appointment of Conrad David Valdez to the Community Development Citizens Advisory Committee, representing the First Ward, be approved. RECESS MEETING - CLOSED SESSION At 9:12 a.m., Council Member Flores made a motion, seconded by Council Member Miller 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 initiated formally and to which the City is a party as follows: (S-ll & S-12) Saldecke, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 236836; City of San Bernardino vs. California Construction ~~~ement, Inc., et al - San Bernardino Superior Court Case No. 238755; Cable Lakes Associates vs. City of San Bernardino Common Council et al - San Bernardino Superior Court Case No. 238714; ~eTinne~~~~l!Y of San Bernardino - San Bernardino Superior Court Case No. 214093; DeTinne vs. City of San Bernardino - San Bernardino Superior Court Case No. 222068; Kaplan vs. Cl!Y of San Bernardino, et al - San Ber- nardino Superior Court Case No. 225490; Wales vs. City-of San Bernardino, et al - San Ber- nardino Superior Court Case No. 220344; Rush vs. H~ht~~l - San Bernardino Superior Court Case No. 232660; San Bernardino Val1~ Municipal Water District vs. All interested in South Valle - San Bernardino Superior Court Case NO:-zz.fffiT---- San Bernardino Municipal Water District vs. RDA and City - San Bernardino Superior Court Case No. 219711; San Bernardino Municipal Water District vs. Tri-City Project - San Bernardino Superior Court Case No. 219711; ~~~alleck vs. City of San Bernardino, et al - Federal District Court Case No. 87-1615 AWT (BX); Walker vs. City-~~an~ernar~l~~ - San Bernardino Superior Court Case No. 237618; City of San Bernardino, et al vs. The San Manuel Band of Mission Indians, et aI, Case #CV-85-6899 WJR, Federal District Court, Central Division, Los Angeles; ~arr~.:t:.~!.nc~_L~~iJ:.~f San Bernardino, et al - San Bernardino Superior Court Case No. 239913. Kasler vs. City of San Bernardino (Arbitration only) CLOSED SESSION At 9:12 a.m., Mayor wilcox called the Closed Session to order in the Conference Room of City Hall, 300 North "D" Street, San Bernardino, California. 2 11/2/87 ROLL CALL Roll Call was taken with the following being present: Mayor wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman, City Ad- ministrator Schweitzer. Absent: Council Member Pope- Ludlam; City Clerk Clark. Also present were: Ed Fitzgerald, Special Counsel for the Board of Water Commissioners; Richard Bennecke, Executive Assistant to the Mayor. ADJOURN CLOSED SESSION At 10: 35 a.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 10:35 a.m.. the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Pope-Ludlam. RECESS MEETING At 10:35 a.m., Mayor wilcox called for a five-minute recess. RECONVENE MEETING At 10:40 a.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino, reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the following 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. APPROVAL OF MINUTES - OCTOBER 19, 1987 Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 19th day of Octo- ber, 1987, be approved as submitted in typewritten form. (1 ) APPROVAL OF MINUTES - OCTOBER 26, 1987 Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 26th day of Octo- ber, 1987, be approved as submitted in typewritten form. (2 ) OUT-OF-STATE TRAVEL - CYNTHIA OLSEN - RINA TAMAYO - LIBRARY - INTERNATIONAL BOOK FAIR - GUADALAJARA, MEXICO - NOVEMBER 28 - 30, 1987 In a memorandum dated October 16, 1987, Steve Whit- ney, City Librarian, stated that the Library Board autho- rized the expenditure of not to exceed $590 in order that two representatives from the Paul Villasenor Branch Library be able to attend the International Book Fair in Guadalajara, Mexico, from November 28 - 30, 1987. (3) 3 11/2/87 The International Book Fair is being held to assist librarians to expand their holdings of books in Spanish in order to reach the Hispanic community in their area. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that authorization for out-of-state travel to Guadalajara, Mexico, for Library employees Cynthia Olsen and Rina Tamayo to attend the International Book Fair, November 28 - 30, 1987, be approved. AGREEMENT - CD FINANCIAL, INC. - ESCROW SERVICES - RENTAL REHABILITATION PROGRAM In a memorandum dated October 22, 1987, Ken Hender- son, Director of Community Development, stated that there were five respondents to an advertised Request for Pro- posals for escrow services. Partial responses were re- ceived from four of the five respondents. (4) Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that CD Financial, Inc., be selected as the escrow services com- pany for the City Rental Rehabilitation Program (RRP); and further, that the City Attorney be directed to prepare the appropriate documentation for approval by the Mayor and Common Council. UNDERGROUND UTILITY DISTRICT 16 - MT. VERNON AVENUE, BETWEEN 9TH AND 16TH STREETS - FINDING OF NEED FOR HEALTH & SAFETY REASONS In a memorandum dated October 19, 1987, Roger Hard- grave, City Engineer, requested that the area on Mt. Ver- non Avenue from 9th to 16th Streets be defined as an undergrounding utilities district to improve the street's appearance and safety from broken wires. (5) Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that a finding be made that the undergrounding of utilities on Mt. Vernon Avenue, from 9th to 16th Streets, is needed for health and safety reasons. STREET VACATION - PORTION OF "I" STREET, SOUTH OF HIGHLAND AVENUE - PLAN APPROVAL - AUTHORIZATION TO PROCEED - FINDING OF NEED FOR HEALTH AND SAFETY REASONS In a memorandum dated October 19, 1987, Roger Hard- grave, City Engineer, stated that a request to vacate a portion of "I" Street, south of Highland Avenue, has been received from the owner of adjoining property. This re- quest represents 100% of those owners of adjoining pro- perty. (6) The portion of "I" Street in question is a remnant piece of right of way that was relinquished back to the City from the State in conjunction with the construction of the crosstown freeway. Access from Highland Avenue is limited, and access to Highland Avenue from "I" Street would eliminate a dangerous condition by restricting the flow of through traffic from "I" Street. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that a finding of need for health and safety reasons for the vacation of a portion of "I" Street, south of Highland Avenue, be made; that Plan No. 7357 for the vacation of a portion of "I" Street, south of Highland Avenue, be approved; and that the City Engineer and City Clerk be authorized to proceed. 4 11/2/87 STORM DRAIN - BETWEEN CITRUS STREET AND MIRADA AVENUE - MASTER PLAN 6-21 - APPROVAL AND ACCEPTANCE OF WORK - J & B CONTRACTORS, INC. In a memorandum dated October 20, 1987, Roger Hard- grave, City Engineer, stated that all work under contract wi th J & B Contractors, Inc. for construction of a storm drain between Citrus Street and Mirada Avenue, east of Victoria Avenue, Master Plan 6-21, Plan No. 7106, has been satisfactorily completed. (7) Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the work performed by the contractor, in accordance with Plan No. 7106, be approved and accepted; and that final payment be authorized at the expiration of the lien period. SENIOR CITIZENS CENTER - PERRIS HILL PARK _ APPROVAL OF PLANS - AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated October 19, 1987, Roger Hard- grave, City Engineer, stated that plans for the construc- tion of a Senior Citizens Center have been prepared by an architect, and the project is ready to be advertised for bids. (8) The Senior Citizens Center will consist of a 5,600 square foot building with a full service kitchen, meeting room, activity rooms, lobby and restrooms. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the plans for construction of a Senior Citizens Center in Perris Hill Park, in accordance with Plan No. 7298, be approved, and the Director of Public Works/City Engineer be authorized to advertise for bids. CENTER FOR INDIVIDUALS WITH DISABILITIES _ CONSTRUCTION BID REPORT - HORSESHOE PITCHING PIT - STORAGE BUILDING - AUTHORIZATION TO READVERTISE FOR BIDS In a memorandum dated October 21, 1987, Roger Hard- grave, City Engineer, stated no bids were received for the construction of a horseshoe pitching pit and storage building at the Center for Individuals with Disabilities. Three contractors that took out Plans and Specifications for bidding purposes have expressed an interest in sub- mitting a bid when the project is readvertised. (9) Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the Director of Public Works/City Engineer be authorized to readvertise for bids, for construction of a horseshoe pitching pit and storage building, at the Center for Individuals with Disabilities, in accordance with Plan No. 7279. BINGO PERMIT APPLICATION - VALENCIA LEA MOBILE HOME PARK - 3850 E. ATLANTIC AVENUE An application for a Bingo Operator's Permit has been received from Roland J. Masson, Game Manager, and Ambrose J. Didelow, Alternate, for the 3850 Club - Valencia Lea Mobile Horne Park, 3850 Atlantic Avenue, Highland, Cali- fornia 92346. (10) In memorandums dated October 1, 1987, Ann Planning Director, and Donald Burnett, Chief recommended the granting of the bingo permit. Siracusa, of Police, 5 11/2/87 Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the application submitted by Roland J. Masson and Ambrose J. Didelow, for a Bingo Permit at 3850 E. Atlantic Avenue, Valencia Lea Mobile Home Park, be approved pursuant to the recommendation of the Chief of Police and the Planning Director. CLAIMS AND PAYROLL Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the claims and payrolls, and authorization of issuance of warrants as listed on the memorandum from the Director of Fi nance, be approved as follows: (11) 1. Approve the register of demands dated: October 8, 1987 October 14, 1987 October 21, 1987 87/88 #13 87/88 #14 87/88 #15 $ 315,321.69 $1,160,700.47 $1,693,555.03 2. Approve the total gross payroll for the period September 28, 1987 through October 11, 1987, in the amount of $1,327,009.98. PERSONNEL ACTIONS Council Member Reilly made a motion, seconded by Council Member Flores 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: (12) APPOINTMENTS Police Department Dispatcher I - Effective November 3, 1987 Laura J. Shupe Marilyn Pannone APPOINTMENTS/TEMPORARY Parks, Recreation & Community Services Charmaine Dalton - Recreation Leader - Effective November 3, 1987 LaShandra Luckey - Recreation Aide - Effective November 3, 1987 Coach Operator - Effective November 3, 1987 Ernest Smith Gerald Shumpert Groundsman - Effective November 3, 1987 Thomas Coleman Walter Wheeler Recreation Specialist - Effective November 3, 1987 Joyce Radzik Mary Samson Senior Recreation Leader - Effective November 3, 1987 Ruben Campos, Jr. Fulton Lee Richard Cummings Rosemary Villalvazo 6 11/2/87 Senior Services Aide - Effective November 3, 1987 Henry Manship Edith Voss James W. Moore - Kitchen Helper - Effective November 3, 1987 Katherine Robinson - Senior Services Aide - Effective November 3, 1987 Public Buildings Custodial Aide - Effective November 3, 1987 Jose J. Diaz Maria N. Ramirez Custodial Aide I - Effective November 3, 1987 Alex Burten, Jr. Alan D. Howard Public Services/Street Johnny R. Ramirez - Extra Relief Heavy Laborer - Effective September 1, 1987 Public Works/Central Garage Eduardo DeLaRosa, Jr. - Extra Relief Heavy Laborer - Effective November 3, 1987 Police Department Crossing Guard - Effective November 3, 1987 Ronda Dauer Traci Kersey John M. Lucas Irene Meraz Angel Serralta Guenther Griebau Clyde Lanterman William Marteney Frances Saucedo Melinda Vincent PROMOTION Parks, Recreation & Community Services Gilbert M. DeLeon Park MaIntenance Worker II - Effective November 3, 1987 PROMOTIONS/TEMPORARY Public Buildings Robert A. Diaz - Custodial Aide II - Effective November 3, 1987 PROMOTIONS/PROVISIONAL Public Services/Refuse Joseph L. Martinez - Sanitation Route Supervisor - Effective November 3, 1987 David Villalobos - Sanitation Route Manager - Effective November 3, 1987 HIGHER ACTING CLASSIFICATION Public Services/Street Edward A. Lopez - Lead Maintenance Worker - Effective November 3, 1987 Personnel Roger C. DeFratis - Director of Personnel - Effective October 6, 1987 7 11/2/87 Public Services/Street Joaquin Negrete - Abatement Coordinator _ Effective September 2, 1987 through October 27, 1987 Martin F. Estrada - Refuse Operator III _ Effective October 16, 1987 LEAVE OF ABSENCE WITHOUT PAY Police Department Meleia Pedraza - Police Records Clerk I _ Effective November 16, 1987 - February 3, 1988 COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meet- ing and took her place at the Council Table. READING AND WAIVING OF RESOLUTIONS ON AGENDA Shauna Clark, City Clerk, read the titles of the resolutions on the Agenda. Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of the resolutions be waived. RESOLUTION OF THE CITY OF SAN BERNARDINO REGARDING REPAYMENT OF AMOUNTS DUE TO THE GENERAL FUND FROM THE PARKING DISTRICT FUND, ESTABLISHING AN ANNUAL PAYBACK ARRANGEMENT INCLUDING INTEREST, AND ESTABLISHING A FUND FOR FUTURE PARKING DISTRICT NEEDS. (13) Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be continued to the Regular Meeting of the Mayor and Common Council to be held Monday, November 16, 1987. RES. 87-383 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COLTON-REDLANDS-YUCAIPA REGIONAL OCCUPATIONAL PROGRAM TO UTILIZE CLASSROOM AND LABORATORY FACILITIES TO BE USED FOR THE INSTRUCTION OF SCHOOL-AGE YOUTH OR ADULTS ENROLLED IN ROP FOR ANIMAL CARE. (14) Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 87-383 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council RES. 87-384 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JANIS MARIE INGELS TO PERFORM CONSULTING SERVICES FOR THE DATA PROCESSING DEPARTMENT. (15) Jim Robbins, Deputy City Administrator, answered questions regarding the services to be performed by the consultant, and the expense involved. He is in the pro- cess of compiling a major report of the computer system for review by the Mayor and Common Council. 8 11/2/87 Phil Arvizo, Executive Assistant to the Council, answered questions, stating that when the proposed con- sulting services were presented to the Personnel Commit- tee, they were described as a cost savings. Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 87-384 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION...ESTABLISHING A BASIC COMPEN- SATION PLAN..."; BY IMPLEMENTING THE POSITION OF CITY ATTORNEY INVESTIGATOR (R3l43) $2853- 3478/MO. AND PROGRAMMER I (R3l27) $2342- 2853/MO. (16) James Penman, City Attorney, stated that he would have no objection to sending the City Attorney Investi- gator position to the Personnel Committee for review. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be referred to the Personnel Committee. RESOL UT I ON OF THE CITY OF SAN BERNARD I NO AMENDING RESOLUTION NO. 6433 ENTITLED IN PART "A RESOLUTION...CREATING AND ESTABLISHING POSITIONS FOR THE VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO"; BY ADDING THE POSI- TIONS OF PROGRAMMER I IN THE CITY ADMINI- STRATOR DEPARTMENT AND CITY ATTORNEY INVESTI- GATOR IN THE CITY ATTORNEY DEPARTMENT. (17) James Penman, City Attorney, stated that he would have no objection to sending the City Attorney Investi- gator position to the Personnel Committee for review. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be referred to the Personnel Committee. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 10584 ENTITLED IN PART "A RESOLUTION...ESTABLISHING...EMPLOYER- EMPLOYEE RELATIONS.. ."; BY ADDING THE POSI- TIONS OF CITY ATTORNEY INVESTIGATOR, PRO- GRAMMER I AND SENIOR ACCOUNTANT AND DELETING THE POSITION OF ACCOUNTANT II. (18) James Penman, City Attorney, stated that he would have no objection to sending the City Attorney Investi- gator position to the Personnel Committee for review. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be referred to the Personnel Committee. RES. 87-385 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MARY E. LANIER TO PERFORM CONSULTING SERVICES FOR THE PLANNING DEPART- MENT. (19) 9 11/2/87 Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 87-385 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council RES. 87-386 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LIONEL HELLER RELATING TO UNDERGROUNDING UTILITIES AT 455 SOUTH "D" STREET. (20) Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 87-386 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council RES. 87-387 - A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED MAINTENANCE OF LANDSCAPING IN THE AREA OF IRVINGTON AND OLIVE AVENUES, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DIS- TRICT NO. 969, ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY. (21) Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 87-387 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council RES. 87-388 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF BOUNDARIES OF ASSESSMENT DIS- TRICT NO. 976 BY EXPANDING THE BOUNDARIES THEREOF TO INCLUDE ADDITIONAL TERRITORY IN THE DISTRICT; DECLARING ITS INTENTION TO PROCEED TO ORDER THE AMENDMENT AND EXPANSION OF THE DISTRICT; AND WAIVING NOTICE AND HEAR- ING. (Pine and Belmont Avenues) (22) Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 87-388 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council 10 11/2/87 I i I RES. 87-389 - A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED MAINTENANCE OF LANDSCAPING IN THE AREA OF MERIDIAN AND RANDALL AVENUES, CREAT- ING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 981, ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY. (23) Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 87-389 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council RES. 87-390 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO DONALD C. HUBBS DBA JESSE HUBBS AND SONS, FOR INSTAL- LATION OF TRAFFIC SIGNALS ON UNIVERSITY PARK- WAY AT COLLEGE AVENUE AND HALLMARK PARKWAY. (24) Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 87-390 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council RES. 87-391 - A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF THE NORTHWEST CORNER OF 40TH STREET AND KENDALL DRIVE AND RESERVING PUBLIC UTILITIES EASEMENTS THEREON. (25) Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 87-391 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council RES. 87-392 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF A PUBLIC NUISANCE. (1367 W. 10TH STREET, 730 NORTH "G" STREET, 2576 KENDALL DRIVE, 1002 S. WASHINGTON AVENUE) (27) Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 87-392 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council 11 11/2/87 RES. 87-393 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO BONADIMAN- MC CAIN, INC. FOR RELOCATION OF SEWER FACILI- TIES FOR CONSTRUCTION OF ROUTE 30, FROM HIGH- LAND AVENUE TO "H" STREET. (26) In a memorandum dated November 2, 1987, Roger Hard- grave, City Engineer, stated that Paragraph V of the Utilities Agreement No. 8384 states, "At the election of owner, progress bills for costs incurred may be submit- ted.. .where the costs are sufficient to warrant such billing. " Ray Schweitzer, City Administrator, answered ques- tions regarding the City submitting monthly billings based upon our progress payments to the contractor. The State will make payment within 90 days after receipt of an itemized bill. Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that said resolution be adopted. Resolution No. 87-393 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council ORDINANCE OF THE CITY OF SAN BERNARDINO PRO- VIDING 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 URGENCY THEREOF. (Final) (Continued from October 19, 1987) (28) Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that said ordinance be continued to the Regular Meeting of the Mayor and Common Council to be held November 16, 1987. APPEAL HEARING - DECISION OF BOARD OF BUILDING COMMISSIONERS - DEMOLITION - 819 E. SANTA FE This is the time and place set for a hearing con- cerning an appeal filed by Benjamin R. Kirkland, Robert E. Bradley, Miguel A. Leon, Jr. and Evelyn Oneth, concern- ing the decision of the Board of Building Commissioners to demolish property located at 819 E. Santa Fe, San Bernar- dino, California. (29) The appellants are occupants of the property at 819 E. Santa Fe, not the property owner. Mayor wilcox opened the hearing. Jim Richardson, Deputy City Administrator, provided a status report on the condition of the property. A 30-day extension of the demolition was granted in order that repairs could be made. No additional work has been done. There are significant problems with the property; the most significant being the condition of the roof. Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the hearing be closed, and that the appeal be denied. PUBLIC HEARING - FEE INCREASES - ANIMAL FIELD SERVICE FEE - OWNER RELEASE FEE This is the time and place set for a public hearing to consider increases in Animal Field Service and Owner Release fees. (29a) 12 11/2/87 The proposed fee increases are as follows: City Residents Others Dogs (over 4 mons. age) Dogs (under 4 mons. age) Cats & Kittens Litters (not weaned) Dead Animal Disposal $8.00 4.00 4.00 8.00 1.00 $10.00 6.00 6.00 10.00 2.00 Field Service Fees - From $6.00 to $10.00 animals at owners' request) (Pickup of Mayor wilcox opened the public hearing. Debbie Biggs, Acting Director of Animal Control, answered questions regarding the increase in fees. She requested that the option of waiving the fees be left to the discretion of the trained officers of the Animal Con- trol Department. Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the hearing be closed and the increase in fees be adopted. PROTEST HEARING - STREET VACATION - STATE STREET, NORTH OF SHERIDAN ROAD This is the time and place set for a protest concerning the proposed vacation of State Street, Sheridan Road. hearing north of (30) Mayor Wilcox opened the hearing. No protests were filed concerning the vacation of State Street. Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the hearing be closed, and the Findings of Fact as set forth in the Staff Report from Roger Hardgrave, Director of Public Works/City Engineer, as to why State Street, north of Sheridan Road, is no longer necessary for street pur- poses, be adopted. PUBLIC HEARING - SAAB VS. CITY OF SAN BERNARDINO - SAN BERNARDINO SUPERIOR COURT CASE NO. 234561 This is the time and place set for a public hearing concerning the case of ~aa~~~~i!Y of San Bernardino, San Bernardino Superior Court Case No. 234561, regarding school impaction fees. (31) Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that the public hearing concerning Saab vs. City of San Bernardino, be continued to the Regular Meeting of the Mayor and Com- mon Council to be held January 18, 1988. COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council Meeting. REDEVELOPMENT AGENCY - REGULAR MEETING The Regular Meeting of the Redevelopment Agency was called to order by Chairman Wilcox in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. 13 11/2/87 COMMENDATION - W. R. FLORES - UPTOWN CITIZEN'S ADVISORY COMMITTEE Shauna Clark, City Clerk, read a resolution of com- mendation to W. R. Flores for outstanding service, upon his resignation from the Uptown Citizen's Advisory Com- mittee. (R-3) Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council Meeting and took her place at the Council Table. FIRST PUBLIC HEARING - UDAG APPLICATION - "THE CLUB" - REDLANDS BLVD. & WATERMAN AVE. - MERV SIMCHOWITZ This is the time and place set for the first public hearing concerning the UDAG application filed by Merv Simchowitz for "The Club", located at Redlands Boulevard and Waterman Avenue. (R-7) Chairman wilcox opened the hearing. Glenda Saul, Executive Director of the Redevelopment Agency, stated that this is the first of two required public hearings before submittal of a UDAG application. Merv Simchowitz, Sunwest Development, answered ques- tions regarding his request for UDAG funds. He stated that the "but for" clause in the UDAG application means that his project cannot go in its present form "but for" the assistance the UDAG will provide. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the first public hearing be closed, and that approval for submittal of the UDAG application be continued until the conclusion of the second public hearing scheduled for November 16, 1987, at 11:00 a.m. COUNCIL MEMBER POPE-LUDLAM ARRIVED At 11:20 a.m., Council Member Pope-Ludlam arrived at the Council Meeting and took her place at the Council Table. FIRST PUBLIC HEARING - UDAG APPLICATION - SUNWEST DEVELOPMENT - HOSPITALITY LANE AND HUNTS BLVD. - MERV SIMCHOWITZ This is the time and place set for the first of two public hearings required before submittal of a UDAG application filed by Merv Simchowitz for Sunwest Develop- ment, located at Hospitality Lane and Hunts Boulevard. (R-8 ) Chairman Wilcox opened the hearing. Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that the first public hearing be closed and that the approval for submittal of the UDAG application be continued until con- clusion of the second public hearing scheduled for Novem- ber 16, 1987, at 11:00 a.m. 14 11/2/87 RES. 87-394 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, THE CITY OF SAN BERNARDINO, AND THE MORE ATTRACTIVE COMMUNITY FOUNDATION TO ASSIST WITH THE CREATION AND ERECTION OF THREE EN- TRANCE MONUMENTS TO THE CITY OF SAN BERNAR- DINO. (RS-2) City Clerk Clark read the title of the resolution. Dennis Barlow, Senior Assistant City pointed out a change in Paragraph 7, Page 3 of lution, indicating that the City is also holding the More Attractive Community Foundation (MAC). Attorney, the reso- harmless Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. Resolution No. 87-394 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RECESS MEETING - CLOSED SESSION At 11:30 a.m., the meeting recessed to Closed Session pursuant to Government Code Section 54957.6 in order to discuss and to instruct the Commission's designated repre- sentatives with respect to salaries, salary schedules and compensation to be paid in the form of fringe benefits to Agency Staff as non-represented employees. (R-5) CLOSED SESSION At 11:30 a.m., Chairman Wilcox called the Closed Session to order in the Conference Room, Council Chambers, 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 Clerk Clark, City Administrator Schweitzer. Absent: None. Also present were: Glenda Saul, Executive Director of the Redevelopment Agency; Dennis Barlow, Senior Assistant City Attorney; Tim Sabo, Bond Counsel; Lorraine Velarde, Administrative Assistant to RDA Executive Director; Barbara Lindseth, Manager of the RDA Accounting Division. ADJOURN CLOSED SESSION At 11:50 a.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 11:50 a.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 15 11/2/87 ROLL CALL Roll Call was taken by City Clerk Clark with the following 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. ADJOURN MEETING At 11:52 a.m., Council Member Maudsley made a motion, seconded by Council Member Estrada and unanimously car- ried, that the Council Meeting adjourn to the Management Information Center (MIC Room), Sixth Floor, City Hall, 300 North "0" Street, San Bernardino, California for a work- shop with the Traffic Safety Advisory Committee. RECONVENE MEETING At 12:30 p.m., the meeting reconvened in the Manage- ment Information Center (MIC Room), Sixth Floor, City Hall, 300 North "0" Street, San Bernardino, California. (42) ROLL CALL Roll Call was taken by City Clerk Clark with the fOllowing 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. LUNCHEON WORKSHOP - TRAFFIC SAFETY ADVISORY COMMITTEE - STATE OF CALIFORNIA WARRANT SYSTEM This is the time and place set for a workshop con- cerning the Traffic Safety Advisory Committee. (42) The meeting was attended by members of the Mayor's Traffic Safety Advisory Committee and representatives from the Automobile Association of America (AAA). A representative from the Automobile Association of America (AAA) explained the State of California warrant system, which establishes criteria for stop signs, traffic signals, and other traffic safety measures, and answered questions of the Council. ADJOURN MEETING At 1: 15 p.m., the meeting adjourned to the Council Chambers in City Hall, 300 North "D" Street, San Bernar- dino, California. RECONVENE MEETING At 2:06 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino, reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, City Clerk Clark, City Administrator Schweitzer. Absent: None. SENIOR CENTER - PERRIS HILL PARK - ZONING REQUIREMENTS In a memorandum dated October 21, 1987, Ann Siracusa, Planning Director, recommended the amendment of Text 87-2, San Bernardino Municipal Code Section 19.44 "0" Open Dis- trict in order to allow permanent structures within City parks by Conditional Use Permits and to accommodate the building of a Senior Center at Perris Hill Park. (43) 16 11/2/87 ORDINANCE OF THE CITY OF SAN BERNARDINO ADD- ING SUBSECTION "I" TO SECTION 19.44.020 OF THE SAN BERNARDINO MUNICIPAL CODE TO ALLOW PERMANENT STRUCTURES WITHIN CITY PARKS ZONED OPEN SPACE. (43) City Clerk Clark read the title of the ordinance. Ann Siracusa, Planning Director, answered questions regarding the time frame for construction of the center and funding that is in place for the project. Annie Ramos, Director of Parks, Recreation and Com- munity Services, stated that in previous years the current ordinance was broadly interpreted to allow buildings for park purposes. The upcoming General Plan Revision could limit by percentage the amount of space taken up for buildings. Dennis Barlow, Senior Assistant City Attorney, an- swered questions, stating that substantive changes to the existing ordinance would require environmental review. CITY ATTORNEY PENMAN ARRIVED City Attorney Penman arrived at the Council Meeting and replaced Senior Assistant City Attorney Barlow. The Council discussed conserving and reserving open space in the City. Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam, that first reading of the ordinance be waived and said ordinance be laid over for final passage. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Pope- Ludlam. Noes: Council Members Flores, Miller. Absent: None. STREET IMPROVEMENTS - 40TH STREET, BETWEEN MOUNTAIN VIEW AND ELECTRIC AVENUES - FINDING OF CONSISTENCY WITH GENERAL PLAN 87-13 In a memorandum dated October 22, 1987, Ann Siracusa, Planning Director, provided an Initial Study for Environ- mental Review for the realignment and widening of 40th Street, between Electric and Mountain View Avenues, Public Works Project Number 87-13. (44) Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that a Finding of Consistency with the General Plan and a Nega- tive Declaration be adopted. MOBILE HOME PARK SURVEY - CONSULTANT SELECTION In a memorandum dated October 28, 1987, Ken Hender- son, Director of Community Development, stated that 14 eligible proposals were received from prospective consul- tants to conduct a mobile home park survey and provide pOlicy recommendations. (S-l) The Proposal Review Committee comprised of Sally Wilder, representing the M.O.R.E. organization, Clay Hage, representing Western Mobile Home Association, Val Mahabir, Consultant, and Maurice Oliva, Housing Development Specialist conducted a two-step proposal review. 17 11/2/87 Connerly and Associates, Incorporated, was recom- mended as the consultant to undertake the Mobile Home Park Survey and Recommendations phase of the analysis of the need for rent control or similar measures in the City. Ken Henderson, Director of Community Development, expressed a desire to work with the mobile home park owners, hoping they would continue their voluntary mora- torium on the raising of mobile home park rents. Discussion ensued regarding the wording of an agree- ment with a consultant for the mobile home park survey and time constraints surrounding the project. Sally Wilder, a representative of M.O.R.E., expressed concern over the cost of the study and the type of study to be made. Clay Hage, representing Western Mobile Home Associa- tion, stated he would come back with a statement from the association regarding the lifting of the voluntary mora- torium. An interim ordinance imposing a moratorium on the raising of mobile home park rents was discussed. Ken Henderson, Director of Community Development, answered questions regarding survey techniques used to guarantee a 95% accuracy rate. Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the Mayor and Common Council continue the approval of the recommendation that Connerly and Associates, Incorporated, be retained to provide the mobile home park study to Wed- nesday, November 4, 1987. Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly and unanimously carried, that the meeting be held at 7:00 a.m., Wednesday, November 4, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 87-395 - RESOLUTION MISS TEEN U.S.A. PAGEANT BERNARDINO. IN SUPPORT OF THE IN THE CITY OF SAN (S-8 ) City Clerk Clark read the title of the resolution. Richard Bennecke, Executive Assistant to the Mayor, stated that the City of El Paso, Texas, had won the bid to sponsor the Miss U.S.A. Pageant in March, 1988. The City has the opportunity to sponsor the Miss Teen U.S.A. Pageant in July, 1988. James Penman, City Attorney, answered questions re- garding amending the resolution to read in support of the Miss Teen U.S.A. Pageant in July, 1988. The amount of media attention and business attracted to the City by the pageant was discussed. James Penman, City Attorney, answered questions re- garding providing security for the pageant. Sam Henley from the Economic Development Council, spoke in support of the pageant being held in San Bernar- dino. He stated that the Orange Show is willing to commit its facility for pageant use. 18 11/2/87 Bob Guichard from Guichard and Associates, represent- ing the pageant, spoke of the benefits received by cities sponsoring the pageant. Phil Arvizo, Executive Assistant to the Council, stated that the City of Albuquerque, New Mexico, reported that it lost money and is being sued by the State regard- ing the amount of money spent, but felt they received great television coverage. El Paso is reportedly very positive about hosting the pageant. The Albuquerque Hi 1 ton Hotel is reportedly happy about its part in hosting the pageant and would like to do it again. James Penman, City Attorney, answered questions re- garding a hold harmless agreement and an agreement to indemnify the City. Bob Guichard, representing the pageant, stated that there would be no problem in obtaining a hold harmless agreement. He further stated that the $450,000 fee to hold the Miss Teen U.S.A. pageant is being waived. Sam Henley, Economic Development Council, provided staunch support of the City hosting the pageant and an- swered questions regarding hidden costs. The Orange Show was described as the perfect building to accommodate to the needs of the pageant. Council Member Minor made a motion, seconded by Coun- cil Member Miller and unanimously carried, that further reading of said resolution be waived, that the resolution be amended to read "Miss Teen U.S.A. Pageant" and that the pageant will be held in July of 1988, and that said reso- lution be adopted. Resolution No. 87-395 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-396 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT, THE CITY OF SAN BERNARDINO, AND THE BOARD OF WATER COMMIS- SIONERS OF THE CITY OF SAN BERNARDINO TO DEVISE A JOINT EFFORT TO REDUCE THE HIGH GROUNDWATER LEVEL IN THE CITY OF SAN BERNAR- DINO. (S-13) 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; that said reso- lution be amended to delete the word "proposed", and that said resolution be adopted as amended. Resolution No. 87-396 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. 19 11/2/87 C. Patrick Milligan, attorney and elected member of the San Bernardino Valley Municipal Water District, stated that a joint report would be compiled between the Water Department and the San Bernardino Valley Municipal Water District. In order to reduce high groundwater, the City will be required to turn on its wells to pump the water. An agreement is being reached to provide the City money to begin dewatering the City, and to put the water to beneficial use. Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that a joint plan between the Water Department and the San Ber- nardino Valley Municipal Water District be brought back for their review on December 7, 1987. Council Member Minor made a motion, seconded by Coun- cil Member Estrada and unanimously carried, that the Mayor and City Attorney be directed to draft a letter to the San Bernardino Valley Municipal Water District in view of the cooperative effort being made, and ask them to withdraw their three lawsuits against the City. RES. 87-397 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND APPROVING AN AMENDED EXHIBIT "A" TO THE MEMORANDUM OF AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE COMMUNITY DEVELOPMENT DEPARTMENT OF THE CITY OF SAN BERNARD I NO CONCERN I NG EMPLOYMENT L IN KAGE FUNDING OF VARIOUS CONTRACTS. (R-4) City Clerk Clark read the title of the resolution. Lorraine Velarde, Administrative Services Manager of the Redevelopment Agency, provided Exhibit "A", Employ- ment Linkage Contracts, and requested that it be amended to include KK's Donuts. Council Member Miller made a motion, seconded Council Member Flores and unanimously carried, that further read- ing of the resolution be waived, that said resolution be adopted with an amendment to Exhibit "A" to the previously approved Memorandum of Agreement between the Redevelopment Agency of the City of San Bernardino and the City of San Bernardino, Community Development Department, to include KK's Donuts in the Employment Linkage Agreement for five employees, totaling $5,000 of Employment Linkage Bonus. Resolution No. 87-397 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. ALCOHOLIC BEVERAGE CONTROL BOARD CONDITIONS - ED STOCKBERGER - YOUR MARKET - 1455 HIGHLAND AVENUE This is the time and place set for discussion as requested by Council Member Pope-Ludlam, concerning con- ditions established by the Alcoholic Beverage Control Board relative to ABC License of Ed Stockberger of Your Market, 1455 Highland Avenue, Unit 101. (33) Council Member Pope-Ludlam stated that the owner of Your Market, Ed Stockberger, feels that the restriction placed on his ABC license is too restrictive, as it pro- hibits the sale of single container beverages. 20 11/2/87 In a letter dated August 7, 1986, addressed to Tom Keasling, District Administrator of Alcoholic Beverage Control, Chief of Police Burnett stated that it is his understanding that the Alcoholic Beverage Control Board provides that an applicant may petition to have a condi- tion removed or modified after operating with the ABC license for one year. Don Burnett, Chief of Police, expressed concern over the lifting of the restriction. He recommended that the restriction of the sale of single container alcoholic beverages remain as a preventative measure to maintain the security of the shopping center and decrease the demand for pOlice services. Mike Lewis, Captain on the Police Department, cited problems with existing businesses that sell single con- tainer alcoholic beverages. It is difficult to have the Alcoholic Beverages Control Board change a license and make it more restrictive after it has been granted. Mr. Lewis answered questions regarding Your Market, describing its close proximity to freeway on and off ramps and the problem with cruisers in the area. At the present time, the City has one ABC license for every 303 residents. Chief Burnett answered questions regarding prostitu- tion in the area. The Mayor and Common Council discussed the lifting of the restriction for a specific period of time, after which the Chief of Police could review any problems, and the decision could be made to replace the restrictions. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, that the restriction of single container alcoholic beverages be lifted from the market at 1455 Highland Avenue, Unit 101. Chief Burnett stated that once a restriction is lifted by the ABC, there is great difficulty in reinstat- i ng it. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Pope-Ludlam, Miller. Noes: Council Members Flores, Maudsley, Minor. Absent: None. Mayor Wilcox vetoed the action, expressing concern about security of the area, and stating that if the Police Department is to reduce crime, it must be supported in its recommendations. PUBLIC HEARING - GENERAL EMPLOYEE IMPASSE PROCEDURE - ARTICLE 34 OF MEMORANDUM OF UNDERSTANDING - UNION REPRESENTATION This is the time and place set for a public hearing regarding Article 34 of the General Employees' Memorandum of Understanding detailing Union Representation. All other matters, including monetary issues, have been agreed upon through the negotiating process. (45) In a memorandum dated October 22, 1987, Ray Schweit- zer, City Administrator, provided information regarding the Present Memorandum of Understanding, the City's Posi- tion and the Union's position concerning Article 34. 21 11/2/87 Mayor wilcox opened the hearing. Roger DeFratis, Acting Director of Personnel, ex- plained the City's proposal, which deals with the selec- tion of a union steward by area. Ed Lehman, representing the American Federation of State, County and Municipal Employees, AFL-CIO, stated that the only issue outstanding is the right of an employee to choose his or her own steward. Mr. Lehman stated that the Union believes that management's proposal is a violation of due process, and that no employees should be forced to have a steward not of their choosing. There is a protection in the present Memorandum of Understanding in the event that a steward abuses his privileges, so that management does have a remedy. Acting Personnel Director DeFratis explained the City's position to assign stewards. There are presently 11 steward positions, one for every 50 employees. One position is vacant. Ed Lehman, A.F.S.C.M.E., explained that the position of steward is a non-paid position, filled by a City em- ployee. Brian Hagman of the Public Works Department has been designated Chief Steward. Brian Hagman, Survey Party Technician III, stated that he has given twenty hours of his time in the last 16 months towards his duties as steward, accounting for 1/8th of a percent of his time. He explained how stewards are selected and the difficulty in finding capable stewards who will stand up to management. Roger Hardgrave, City Engineer, stated that he esti- mates that Brian Hagman averages four hours per week on union duties, which includes his membership on committees. Ray Schweitzer, City Administrator, stated that the last 30 grievances against the City have been handled by only three stewards. He recommended that the "Chief Steward" be excluded on the informal level, but brought into the process when the gr ievance moves to higher levels. Ed Lehman, A.F.S.C.M.E., explained why the informal is the most important level of the grievance procedure, and answered questions of the Council. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the hearing be closed. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that Arti- cle 34, as it reads in the present Memorandum of Under- standing, be included as the final negotiating point in the new Memorandum of Understanding to cure the employee impasse. DISPOSITION This is the the disposition Bernardino. OF CASES FILED AGAINST CITY time and place set for a report regarding of cases filed against the City of San (32) 22 11/2/87 Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the report regarding the disposition of cases filed against the City be continued to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held on November 16, 1987. PERSONNEL COMMITTEE MEETING REPORT - OCTOBER 22, 1987 Council Member Reilly, Chairman of the Personnel Committee, presented the minutes of the Personnel Commit- tee Meeting held October 22, 1987, at which time the fol- lowing items were discussed: (34) 1. ~ala~L~ate_~tudY-i~~ositi.on o~ity Treasurer The Committee recommended a salary range increase for the City Treasurer to 4164, Step 3, effective January 1, 1988. Addi tionally, the Commi ttee recommended a study on tracking political officials' salaries. 2. ~ala~ Rate Stu3.Y for Position of ~irector of Community Development - The Com- mittee recommended, based on a strong recom- mendation by the City Administrator, an in- crease in the salary range of the Director of Community Development to Step 4, Range 4165. No benchmark had been established for this position by the salary study, and documenta- tion presented to the Committee overwhelm- ingly indicated a discrepancy in the salary for this position. 3. Department Head Evaluations - Continued. 4. Recognition of Employees - Continued. 5. Approval Part-Time Salaries for Parks, RecreatTon-~ommunitLServices - Food Ser- vice Workers and Supervisors - The Committee recommended approval. 6 . ~12E!. 0 v'!..!.-..9.i~ art =-,!'i m~~ e c r e t~!. i es - Custodians and Security Guards - Continued. Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the minutes of the Council Personnel Committee meeting held October 22, 1987, be received and filed. LEGISLATIVE REVIEW COMMITTEE MEETING MINUTES - OCTOBER 22, 1987 Council Member Reilly, Chairman of the Legislative Review Committee, presented a report of the Legislative Review Committee Meeting held October 22, 1987, at which time the following items were discussed: (35) 1. Stop and Go Market - Southeast Corner of ~~.!.to_~~epp~~~nder'lrounding of Comcast Cable - The Committee recommended that the parties involved coordinate with the Director of Public Works/Engineering and come to a conclusion. The City has properly notified National Convenience Stores and TV cable must be undergrounded as required by Standard Requirement No. 11 prior to issuance of a Conditional Use Permit. Item closed. 23 11/2/87 2. General Vehicle Usage Report - Item con- tinued for additional input regarding use of cars as condition of employment. The City Administrator will also determine time and radius boundaries for use of city vehicles. 3. Proposed Development Procedure - The Committee reviewed a new Planning Permit Process which is to be implemented by the Planning Director. The Committee recommended that the thresholds submitted by the Planning Director be reviewed by the Planning Commis- sion, then brought back to Committee for review prior to presentation to the full Council. 4. Closed Session Participation Policies (To Be Addressed by City Attorney) - Continued. 5. City's Demolition Policy - Continued. 6. Vending Ordinance - Item continued. The Committee requested that the City Clerk and Planning Director review additional state guidelines and bring a recommendation back to the Committee. Additional study was recom- mended due to the overall impact this ordi- nance would have if passed. 7. Commission Appointment Procedures - Con- tinued. WAYS AND MEANS COMMITTEE MEETING MINUTES - OCTOBER 26, 1987 Council Member Estrada, Chairwoman of the Ways & Means Committee, presented the minutes of the Ways & Means Committee Meeting held October 26, 1987, at which time the following items were discussed: (36) 1. Initial Timetable Relative to Preparation of RFP for Operation of Animal Shelter - The Committee recommended approval of the City Administrator's time frame for the prepara- tion of the RFP for operation of the Animal Shelter. 2. Parking District Funding Report 3. ~ep~y!!:ent_~~moun~ Due to the General Fund from the Parki~istrict Fund, Estab- !i~~l~~~~~nnu~~ayb~ck~~~~~ment, In- cluding Interest, and Establishing a Fund for Future Parking District Needs - Items 2 and 3 continued. The Committee wishes to review these matters further and, therefore, is not prepared at this time to make a recommenda- tion to the full Council. The Committee directed the City Admini- strator to compile all pertinent data regard- ing the short and long term parking needs of the downtown area in terms of future pro- j ected costs, increased assessments, new assessments, and use of area tax dollars and expenditures. 24 11/2/87 The Committee also recommended the RDA Committee consider making a recommendation to have the RDA deed to the City those proper- ties used for expansion or for secondary financing in the Parking District. The Com- mittee asked that the RDA Committee consider this item at their next meeting. Council Member Flores made a motion, Council Member Pope-Ludlam and unanimously the minutes of the Ways and Means Committee October 26, 1987, be received and filed. seconded by carried, that meeting held MAYOR WILCOX EXCUSED At 5:20 p.m., Mayor wilcox left the Council Meeting and was replaced by Mayor Pro Tempore Maudsley. STREET DEDICATION - LAMARR STREET, SOUTH OF ETIWANDA AVENUE & LOT "A" - TRACT 8969 In a memorandum dated October 19, 1987, Roger Hard- grave, City Engineer, stated that a subdivision has been approved by the City of Rialto for the parcel of land north of Tract No. 8969. Lot "A" must be dedicated in order for Lamarr Street to be extended into the new tract in the City of Rialto. (37) Council Member Flores made a motion, Council Member Minor and unanimously carried, Street, Tract 8969, remain just as it is. seconded by that Lamarr WATERMAN AVENUE LANDFILL SITE - PURCHASE ORDER - INTERNATIONAL TECHNOLOGY CORPORATION - SOLID WASTE ASSESSMENT TESTING In a memorandum dated October 13, 1987, Manuel P. Moreno, Jr., Director of Public Services, requested a purchase order not to exceed $40,000 for Sol id Waste Assessment Testing (SWAT) by the International Technology Corporation on the Waterman Avenue Landfill site. (38) Council Member Pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that the approval of the purchase order for International Tech- nology Corporation be continued to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held November 16, 1987. POLICE DEPARTMENT REVIEW COMMITTEE REPORT - OCTOBER 22, 1987 Council Member Estrada, Chairwoman of Department Review Committee provided a report ing of the Police Department Review Committee 22, 1987, as follows: the Police of the meet- held October (S-2 ) Goals and Scope of Review - The Committee reviewed approximately 22 issues identified from past meetings. The Council Executive Assistant was directed to combine those issues with all other issues included in the previous four Police Department studies. This will provide the Committee with a list of all issues which have been or could be reviewed. The Committee will then determine which issues it will recommend for review at this time. 25 11/2/87 The Committee also requested that meetings be setup with the Hughes, Heiss and Associates representative who did the study and audit of the department. Additional meetings will be held by the Committee with Maxine Kraft (who led the Police Commission COP Study) and with the Neighborhood Watch Committees. Once these meetings are held and the list of issues to be reviewed has been established, with consensus from the City Council, the Committee will determine the scope of this review. Councilwoman Estrada and Phil Arvizo will meet to establish a time table so that dead- lines can be established. They will present this schedule to the Committee within two weeks. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the minutes of the Police Department Review Committee meeting held October 22, 1987, be received and filed. AGREEMENT - STEINMAN, GRAYSON, SMYLIE, INC. _ SPACE AND SITE STUDY - NEW POLICE STATION In a memorandum dated October 27, 1987, Roger Hard- grave, City Engineer, stated that the Requests for Pro- posals for the site and space study for a new police station were reviewed by an interview board, and Steinman, Grayson, Smylie, Inc. was selected as the best qualified at this time to prepare the study, at a cost not to exceed $74,000. (S-3) Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the proposed agreement be referred to the Ways and Means Committee to identify a source of financing for the esti- mated fee of $74,000. RES. 87-398 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO DAVID-RICH- ARDS CONSTRUCTION FOR INSTALLATION OF FIELD LIGHTING FOR AYSO PARK. (S-4) City Clerk Clark read the title of the resolution. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that fur- ther reading of the resolution be waived and that said resolution be adopted. Resolution No. 87-398 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. SCHEDULING OF JOINT WORKSHOP - MAPPING SESSION - MAYOR AND COMMON COUNCIL & PLANNING COMMISSION In a memorandum dated October 29, 1987, Ann Siracusa, Planning Director, stated that a joint workshop with the Mayor and Common Council and the Planning Commission to "map" an area of concern and opportunities in the City would facilitate a timely review of the three land use alternatives when they are compiled. (S-5) Discussion was held concerning the time and place of the workshop. 26 11/2/87 Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that a joint workshop with the Mayor and Common Council and the Planning Commission be scheduled for November 16, 1987, at 4:00 p.m. for a mapping session. RES. 87-399 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 6413 ENTITLED IN PART "RESOLUTION...ESTABLISHING A BASIC COMPENSATION PLAN..."; BY PROVIDING A PAY INCREASE FOR THE PART-TIME CLASSES OF FOOD SERVICE SUPERVISOR II FROM $7.8275 PER HOUR TO $8.5000 PER HOUR; FOOD SERVICE SUPERVISOR I FROM $6.0274 PER HOUR TO $6.5000 PER HOUR; FOOD SERVICE WORKER II FROM $5.4469 PER HOUR TO $5.7200 PER HOUR; FOOD SERVICE WORKER I FROM $4.9428 PER HOUR TO $5.1900 PER HOUR; KITCHEN HELPER FROM $4.7080 PER HOUR TO $4.9400 PER HOUR EFFECTIVE RETROACTIVE TO JULY 1, 1987. (S-7) City Clerk Clark read the title of the resolution. Council Member Minor made a motion, seconded by Coun- cil Member Reilly and unanimously carried, that further reading of the resolution be waived and that said resolu- tion be adopted. Resolution No. 87-399 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. APPOINTMENT LEK VON KAESBORG III - DEPUTY CITY ATTORNEY I This is the time and place set the appointment of Lek Von Kaesborg Attorney I. for consideration of III to Deputy City (S-10 ) Council Member Reilly made a motion, seconded by Council Member Flores, that the appointment of Lek Von Kaesborg III to Deputy City Attorney I, be approved. The motion carried by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Miller. Noes: Council Members Estrada, Pope-Ludlam. Absent: None. MAYOR WILCOX RETURNED At 5: 45 p.m., Mayor wilcox returned to the Council Meeting and took her place at the Council Table. RES. 87-400 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO QUALITY CARPET FOR THE PURPOSE OF FURNISHING, DELIVERY AND INSTALLATION OF CARPETING (PHASE I) TO BE UTILIZED BY THE PUBLIC BUILDINGS DEPARTMENT ON THE FOURTH FLOOR OF CITY HALL IN ACCORD- ANCE WITH BID SPECIFICATION RFQ #Q80026. (S-14) City Clerk Clark read the title of the resolution. Council Member Minor made a motion, seconded by Coun- cil Member Reilly and unanimously carried, that further reading of the resolution be waived and that said resolu- tion be adopted. 27 11/2/87 Resolution No. 87-400 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. REQUEST FOR RULING - BROWN ACT Council Member Estrada requested a ruling from the City Attorney on how an off-the-agenda item can be discussed. City Attorney Penman explained that if the matter is an urgency issue that arose after the Council Agenda was posted, the Council can discuss the matter with a five member vote. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, that the finding be made that the Council discuss the following urgency matter, which arose after the Agenda was posted. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope- Ludlam, Miller. Noes: Council Member Minor. Absent: None. LEGAL OPINION REGARDING CONFLICT OF INTEREST FOR COUNCIL MEMBER POPE-LUDLAM In Legal Opinion 87-57, 10.37, dated October 26, 1987, James Penman, City Attorney, answered Mayor Wilcox's inquiry as to the reason for the City Attorney's statement of a conflict of interest and its possible consequences regarding the October 19, 1987, meeting of the Mayor and Common Council of the City of San Bernardino. At that time, Council Member Pope-Ludlam was advised by City Attorney Penman to abstain from voting on an issue con- cerning the changing of the scope of the investigatory powers of a Council committee relating to the Police Department. During the October 19, 1987, meeting of the Mayor and Common Council, City Attorney Penman stated that his advice to Council Member Pope-Ludlam was given on the basis that she is presently under investigation by the Police Department. Council Member Pope-Ludlam declined to follow the City Attorney's advice at the October 19, 1987, meeting of the Mayor and Common Council. In Legal Opinion No. 87-57, 10.37, City Attorney Penman stated that such a conflict of interest could form the basis of an action for removal from office by the City Council, or could result in prosecution for violation of official duty. Such prosecution could result in removal by the judge or serve as an additional basis for removal from office by the Council. He also noted that the District Attorney might be very hesitant to prosecute based upon common law doctrine, unless the violation was most egregious. City Attorney Penman answered questions regarding the legal opinion, and conflict of interest law, stating that the opinion was generated by way of a written request by the Mayor. 28 11/2/87 Mr. Penman explained why it was given to the press. In matters of conflict of interest, he is the attorney for the Mayor and Common Council, not for an individual Council Member. Therefore, he must make rulings available concerning an individual's conflict of interest to all members of the Council, the Mayor and the press, which has a standing order for legal opinions on conflict of interest. City Attorney Penman offered to make the Mayor and Common Council aware of legal opinions by telephone after they are issued. Mr. Penman stated that this opinion was delivered to the individual Council Members, but that some of them had not been to their offices that day and were not aware of the opinion before it was reported in the press. The Mayor and Common Council discussed the rights of individual Council Members, and the difficulty in getting a legal opinion when they feel the City Attorney is incorrect. Council Member Minor made a motion, seconded by Council Member Estrada and unanimously carried, that the issue of legal counsel to the Mayor and Common Council be referred to the Legislative Review Committee for study. RECESS MEETING - CLOSED SESSION At 6:45 p.m., Council Member Reilly made a motion, seconded by Council Member Flores 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 initiated formally and to which the City is a party, as listed under Item S-l1 on Page 2. (S-l1) CLOSED SESSION At 6:45 p.m., Mayor wilcox called the Closed Session to order in the Conference Room of the Council Chambers, City Hall, 300 North "0" 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. ADJOURN CLOSED SESSION At 7:20 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 7:20 p.m., the meeting reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernar- dino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: None. 29 11/2/87 ADJOURNMENT At 7:20 p.m., Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the meeting adjourn to 7:00 a.m., Wednesday, November 4, 1987, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ~.rYbA2;;Uh / City Clerk No. of hours: 9 No. of items: 65 30 11/2/87