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HomeMy WebLinkAbout11-23-1987 Minutes City of San Bernardino, California November 23, 1987 This is the time and place set for an Adjourned Regular Meet i ng of the Mayor and Common Counc i 1 of the City of San Bernardino at their Regular Meeting held at 9:08 a.m., Monday, November 16, 1987, in the Council Chambers of City Hall, 300 North "0" Street, San Bernar- dino, California. The City Clerk has caused to be posted the Notice of Adjournment of said meeting held at 9: 08 a.m., Monday, November 16, 1987, and has on file in the Office of the City Clerk an Affidavit of said posting together with a copy of said Order which was posted at 9:00 a.m., Tues- day, November 17, 1987, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. The Adjourned Regular Meeting of the Mayor and Com- mon Council of the City of San Bernardino was called to order by Mayor Pro Tempore Maudsley at 7:35 a.m., Monday, November 23, 1987, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by Ci ty Clerk Clark wi th the following being present: Mayor Pro Tempore Maudsley; Council Members Estrada, Reilly, Flores, Maudsley, Pope- Ludlam; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Mayor Wilcox; Council Members Minor, Miller. FINE ARTS GRANT ALLOCATIONS - COMMISSION RECOMMENDATIONS In a memorandum dated October 13, 1987, Thelma Press, Cultural and International Affairs, listed the Fine Arts grant allocations recommended by the Fine Arts Commission, as follows: (1 _ 9) Evergreen Singers Community Arts productions Canto Bello Chorale Ballet Folklorico Cultural de San Bernardino Arrowhead Opera Institute More Attractive Community Foundation Inland Master Chorale Sturges Auditorium Brochure/Cultural Activities of San Bernardino $ 5,100 17,500 3,000 5,000 4,675 7,000 700 3,013 3,000 $48,988 READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of the resolutions on the Agenda. Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolutions be waived. RES. 87-415 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE EVERGREEN SINGERS FOR PROMOTION OF ARTS AND CULTURE. (1) Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. 1 11/23/87 Resolution No. 87-415 was vote: Ayes: Council Members Mauds ley, Pope-Ludlam. Noes: Members Minor, Miller. adopted by the following Estrada, Reilly, Flores, None. Absent: Council RES. 87-416 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH COMt1UNITY ARTS PRO- DUCTIONS FOR PROMOTION OF ARTS AND CUL- TURE. (2) Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 87-416 was vote: Ayes: Council Members Maudsley, Pope-Ludla:n. Noes: Members Minor, Miller. adopted by the following Estrada, Reilly, Flores, None. Absent: Council RES. 87-417 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CANTO BELLO CHORALE FOR PROMOTION OF ARTS AND CULTURE. (3) Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 87-417 was vote: Ayes: Counc i 1 Members Maudsley, Pope-Ludlam. Noes: Members Minor, Miller. adopted by the following Estrada, Reilly, Flores, None. Absent: Council RES. 87-418 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE BALLET FOLKLORICO CULTURAL DE SAN BERNARDINO FOR PROMOTION OF ARTS AND CULTURE. (4) Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 87-418 was vote: Ayes: Council Members Maudsley, Pope-Ludlam. Noes: Members Minor, Miller. adopted by the following Estrada, Reilly, Flores, None. Absent: Council RES. 87-419 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH INLAND MASTER CHORALE FOR PROMOTION OF ARTS AND CULTURE. (7) Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 87-419 was vote: Ayes: Council Members Maudsley, Pope-Ludla:n. Noes: Members Minor, Miller. 2 adopted by the following Estrada, Reilly, Flores, None. Absent: Council 11/23/87 RECESS MEETING - CLOSED SESSION At 7:45 a.m., Council Member Reilly made a motion, seconded by Council Member Flores and unanimously car- ried, that the meeting recess to Closed Session pursuant to Government Code Sections 54956.9(b)1 regarding pending litigation, and 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: (10 & 11) Saldecke, et al vs. City of San Bernardino, et al _ Superior Court Case No. 236836; City of San Bernardino vs. California Construction Management, Inc., et al - San Bernardino Superior Court Case No. 238755; Cable Lakes Associates Common Council, et al San Case No. 238714; vs. City of Bernardino San Bernardino Superior Court DeTinne vs. City 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. City 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. Haight, et al Court Case No. 232660; San Bernard ino Super i or San Bernardino Valley Municipal Water District vs. All Interested in South Valle - San Bernardino Superior Court Case No. 224322; San Bernardino Municipal Water District vs. RDA and City - San Bernardino Superior Court Case No. 223718; San Bernardino Municipal Water District vs. Tri-City Project - San Bernardino Superior Court Case No. 219711; Barry Malleck vs. City of San Bernardino, et al - Federal District Court Case No. 87-1615 AWT (BX); Walker vs. City of San Bernardino - San Bernardino Superior Court Case No. 237618; City of San Bernardino, et al vs. Band of Mission Indians, et al - Case No. Federal District Court, Central Division, The San Manuel CV-85-6899 \'iJR, Los Angeles; Barrett, Inc., vs. City of San Bernardino, et al _ San Bernardino Superior Court Case No. 239913; Jeff Adair vs. The City of San Bernardino, et al - San Bernardino Superior Court Case No. 229456. Kasler vs. City of San Bernardino (Arbitration Only) CLOSED SESSION Mayor Pro Tempore Maudsley called the Closed Session to order in the Conference Room of the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. 3 11/23/87 ROLL CALL Roll Call was taken with the following being pre- sent: Mayor Pro Tempore Maudsley; Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam; City Attorney Penman, City Administrator Schweitzer. Absent: Mayor Wilcox; Council Members Minor, Miller; City Clerk Clark. Also present were: Senior Assistant City Attorney Dennis Barlow; Deputy City Attorney John Wilson. MAYOR WILCOX ARRIVED At 8: 00 a.m., Mayor wilcox arrived at the Closed Session. CITY CLERK CLARK ARRIVED At 8:35 a.m., City Clerk Clark arrived at the Closed Session. DEPUTY CITY ATTORNEY WILSON EXCUSED At 8:50 a.m., Deputy City Attorney Wilson left the Closed Session. CITY ATTORNEY PENMAN EXCUSED At 9:00 a.m., City Attorney Penman left the Closed Session. SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED At 9:05 a.m., Senior Assistant City Attorney Barlow left the Closed Session. ADJOURN CLOSED SESSION At 9: 15 a.m., the Closed Session adjourned to the Adjourned Regular Council Meeting. RECONVENE MEETING At 9:15 a.m., the Adjourned Regular vened in the Council Chambers, City Hall, Street, San Bernardino, California. Meeting recon- 300 North "0" ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Council Members Minor, Miller. RES. 87-420 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHOR I ZING THE EXECUT ION OF AN AGREEMENT WITH ARROWHEAD OPERA IN- STITUTE FOR PROMOTION OF ARTS AND CUL- TURE. (5) Thelma Press, answered questions stitute, which is a nardino. Cultural and International Affairs, regarding the Arrowhead Opera In- local organization based in San Ber- Counc i 1 Member Estr ada made a moti on, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 87-420 was vote: Ayes: Council Members Maudsley, Pope-Ludlam. Noes: Members Minor, Miller. adopted by the following Estrada, Reilly, Flores, None. Absent: Council 4 11/23/87 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHOR I ZING THE EXECUT ION OF AN AGREEMENT WITH THE MORE ATTRACTIVE COMMUNITY FOUNDA- TION FOR VISUAL ARTS. (6) Thelma Press, Cultural explained why $7,000 in Fine for the purchase of entrance Bernardino. and International Affairs, Arts money was recommended signs for the City of San Discussion was held concerning the purpose of Fine Arts funds, and whether or not the entrance signs could be considered visual art. Mayor wilcox spoke in favor of using Fine Arts funds for the signs. Council Member Maudsley made a motion, seconded by Council Member Estrada, to deny the use of Fine Arts funds for entrance for the City signs. The motion carried by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Pope-Ludlam. Noes: Council Member Reilly. Absent: Council Members Minor, Miller. Mayor wilcox vetoed the action. The Mayor and Common Council agreed that the resolu- tion be placed on the next Agenda of the Mayor and Common Council Meeting for further discussion. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STURGES CENTER FOR FINE ARTS TO COORDINATE ACTIVITIES IN PERFORMING ARTS OFFICE. (Sturges Auditorium) (8) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STURGES CENTER FOR FINE ARTS TO COORDINATE ACTIVITIES IN PERFORMING ARTS OFFICE. (Brochure/Cultural Activities of San Bernardino) (9) Thelma Press, Cultural and International Affairs, explained the request to use Fine Arts funds to purchase a word processor for Sturges Center for Fine Arts. City regarding suggested down from Administrator Schweitzer answered questions the proposed use of the word processor, and that Sturges Center use a word processor handed another department. Thelma Press, Cultural and International Affairs, spoke regarding the printing of a promotional brochure for Sturges Center. It was suggested that Mrs. Press contact the San Bernardino Economic Development Council for marketing assistance. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that said resolutions concerning the Sturges Center for Fine Arts be denied. 5 1l/23/87 FINDING OF EMERGENCY NEED FOR CONSIDERATION _ JIMMIE'S CARNITAS BBQ - JAMES HINOJOSA _ 728 N. MT. VERNON AVENUE Council Member Estrada requested that the Council discuss the impending demolition of Jimmie's Carnitas BBQ at 728 N. Mt. Vernon Avenue, which was condemned by the Board of Building Commissioners on August 26, 1987. James Government the Common gency item Agenda. Penman, City Attorney, stated Code Section 54954.2, that with a Council, an issue may be discussed that arose after the posting of tha t under 2/3 vote of as an emer- the Counc i 1 Council Member Pope-Ludlam made a motion, seconded by Counc il Member Estrada and unan imously carr i ed, tha t Mr. Hinojosa's request for Council consideration regard- ing the demolition of his property located at 728 N. Mt. Vernon Avenue, be discussed. James Hinojosa, owner of property located at 728 N. Mt. Vernon Avenue, formerly doing business as Jimmie's Carnitas BBQ, stated that he is aware that he is required to demolish the property, and that the City hired a con- tractor, who has begun the demolition. In order to save costs, he had paid for a permit from the Building and Safety Department to demolish the building himself. Mr. Hinojosa stated that he learned that the City was going to have a contractor complete the demolition, due to what the City considered a lack of progress on the job. He objected to the $10,000 charge which will be placed against his property for demolition costs. James Richardson, Acting Director of Building and Safety, answered questions, stating that he had driven by the property on Saturday, November 21, 1987, and that it is his opinion that the building has reached a state where it is very dangerous to anyone entering it. He further stated that he wants someone with ex- perience, such as the contractor the City hired, to com- plete the demolition. He answered questions regarding notices sent to Mr. Hinojosa, setting forth a time limit for completion of the demolition by Mr. Hinojosa. Mr. reached complete Richardson reiterated that the point where a contractor the demolition. the must building has be hired to Mr. Hinojosa, property owner, answered questions of the Council regarding progress made on the demolition, and how he intends to complete the work. James Penman, City Attorney, and James Richardson, Acting Director of Building and Safety, each answered questions regarding the City's liability in a case in which a building has been found unsafe, and that the unsafe cond i tion of the bui ld i ng has progressed due to actions taken. Mr. Hinojosa, property owner, stated that he did not receive notice of the demolition because the certified letter was signed for by his daughter, and that she did not give it to him. He admitted that he saw the notice posted on the proper ty, but tha t he did not under stand wha tit meant. 6 11/23/87 Mr. Hinojosa agreed to i ty Development Department interest loan for the costs he would like to have the perty remain intact. work wi th the City 1 S Commun- to attempt to arrange a low of the demolition. He stated cha in 1 i nk fence on the pro- Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the demolition of property located at 728 N. Mt. Vernon Avenue, proceed by the contractor who has been engaged by the City; that Mr. Hinojosa come up with 50% of the cost of the demolition; that the City will attempt to work wi th the Commun i ty Developmen t Depar tmen t for a low in- terest loan for the balance of the money, but even if the loan cannot be arranged, the demolition will proceed, and the property will be liened. ADJOURN MEETING At 10:20 a.m., Council Member Estrada made a motion, seconded by Council Member Flores and unanimously car- ried, that the meeting be adjourned. ~//?7~&~ City Clerk No. of hrs.: 3 No. of items: 12 7 11/23/87