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Home My WebLink About12-07-1987 Minutes City of San Bernardino, California December 7, 1987 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox at 9:103 a.m., Monday, December 7, 1987, in the Council Chambers of City Hall, 31010 North "0" Street, San Bernardino, California. INVOCATION The Invocation was given by Father Peter Covas of Our Lady of the Rosary Cathedral. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tempore Minor. 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; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Miller. PUBLIC COMMENTS There were no comments by the general public. (A) PROCLAMATION - BILL OF RIGHTS WEEK - DECEMBER 13 - 19, 1987 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Ber- nardino, proclaiming the week of December 13 - 19, 1987, as Bill of Rights Week, in order to reacquaint the citi- zens of the City of San Bernardino with the ten amendments to the Constitution of the United States. (B) Helene Lara, Branch Manager of Coast Federal Savings and Loan, was present to accept the proclamation from Mayor wilcox. APPOINTMENT - CHARLES H. HERBERT, JR. - ANIMAL ADVISORY COMMITTEE - SEVENTH WARD In a memorandum dated November 310, 1987, Mayor wilcox requested the appointment of Charles H. Herbert, Jr., 8910 E. Marshall Blvd., San Bernardino, California 924104, to the Animal Advisory Committee, on behalf of Seventh Ward Council Member Miller. (C & S-2) Council Member Minor made a motion, seconded by Coun- cil Member Flores and unanimously carried, that the appointment of Charles H. Herbert, Jr., of 8910 E. Marshall Blvd., San Bernardino, California 924104, to the Animal Advisory Committee, to represent the Seventh Ward, be approved. Shauna Clark, City Clerk, administered the Oath of Office to Mr. Herbert. 1 12/7/87 APPROVE MINUTES - NOVEMBER 2, 1987 - CONTINUED FROM NOVEMBER 16, 1987 Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 2nd day of November, 1987, as submitted in typewritten form. (1) APPROVE MINUTES - NOVEMBER 16, 1987 Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 16th day of November, 1987, as submitted in typewritten form. (2) APPROVE MINUTES - NOVEMBER 23, 1987 Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 23rd day of November, 1987, as submitted in typewritten form. (3) INDUSTRIAL PARKWAY IMPROVEMENT ASSESSMENT DISTRICT - BOUNDARY EXTENSION In a memorandum dated November 17, 1987, Roger Hard- grave, City Engineer, stated that subsequent to the initiation of proceedings for an assessment district for portions of Industrial Parkway, southeasterly of Palm Avenue, one of the parcels of land has been sold. The present and future owner of the parcel have requested that the required improvements for this parcel be included in the assessment district. (5) Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the City Engineer and City Clerk be authorized to proceed with expanding the scope of Assessment District No. 985 by including the construction of curbs, gutters, paving, street lights and landscaping in portions of the east side of Palm Avenue between the A.T. & S.F. Railway and Indus- trial Parkway. LIGHTING SYSTEMS FOR BASEBALL FIELDS - NEWMARK, SAN-RI, PALM LITTLE LEAGUE, ELK'S PONY FIELD In a memorandum dated November 16, 1987, Roger Hard- grave, City Engineer, stated that plans have been prepared and are ready to be advertised for bids for lighting improvements to provide more light and reduce energy con- sumption at Newmark, San-Ri, Palm Little League and Elk's Pony baseball fields. The total estimated project cost is $158,000. (6) Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the plans for improvement of lighting systems for Newmark, San-Ri, Palm Little League Fields and Elk's Pony Field, in accordance with Plan No. 7368, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids. 2 12/7/87 HILLCREST PARK IMPROVEMENTS - FINDINGS OF NEED FOR HEALTH AND SAFETY REASONS In a memorandum dated November 19, 1987, Roger Hard- grave, City Engineer, stated that improvements to Hill- crest Park, which is on the north side of Hill Drive, between Mayfield and Acacia Avenues, were destroyed when the park was used as a staging area during the Panorama Fire. There is a shortage of recreational outlets in this neighborhood without this facility. (7) Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that a finding be made that the replacement of the improvements in Hillcrest Park is needed for health and safety reasons. INDUSTRIAL PARKWAY ASSESSMENT DISTRICT IMPROVEMENTS - FINDING OF NEED FOR HEALTH AND SAFETY REASONS In a memorandum dated November 12, 1987, Roger Hard- grave, City Engineer, stated that a narrow portion of the Industrial Parkway Assessment District, located on por- tions of Industrial Parkway, southeasterly of Palm Avenue, is paved. It needs to be improved to its ultimate width, as the flow of traffic through the area is generally large trucks. (8) Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that a finding of need for health and safety reasons for the improvement of portions of Industrial Parkway, easterly of Palm Avenue in the City of San Bernardino, be made. BINGO OPERATION PERMIT - GOLDEN PARK RETIREMENT APARTMENTS - 363 E. GILBERT STREET - KARLA FINCH, MANAGER - BARBARA ANN WICKBERG, ALTERNATE MANAGER A Bingo Permit Application has been received from Karla Finch, Manager and Barbara Ann Wickberg, Alternate Manager, for bingo games at the Golden Park Retirement Apartments, 363 E. Gilbert Street, San Bernardino. (10) In a letter dated October 15, 1987, Curtis J. Cri- velli, President of Encino Savings and Loan Association, stated that it is the 100% owner of the property, and approves of the requested bingo license. Ann Siracusa, Planning Director, and Donald Burnett, Police Chief, approved the bingo application. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the application for a Bingo Operator's Permit for a new Bingo organization at Golden Park Retirement Apartments, Karla Finch, Manager, located at 363 E. Gilbert Street, as recommended by Police Chief Burnett and Planning Director Siracusa, be approved. CLAIMS AND PAYROLL Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the following claims and payrolls, and authorization of issuance of warrants, be approved: (11) 3 12/7/87 1. Approve the register of demand dated: November 10, 1987 November 18, 1987 87/88 87/88 #18 #19 $1,190,205.75 $ 777,647.74 2. Approve the total gross payroll for the period October 26, 1987, through November 8, 1987, in the amount of $1,340,214.65. NORTHWEST REDEVELOPMENT PROJECT AREA COMMITTEE - MEMORANDUM OF UNDERSTANDING - DEFINITION OF CITY PLANNING SERVICES In a letter dated November 11,1987, David A. Lechuga, Chairman of the Northwest Redevelopment Project Area Committee, requested a Memorandum of Understanding, to define planning services to be provided to the North- west Redevelopment Project Area Committee by the City Planning Department so that the City, Redevelopment Agency and the committee would know how, when and by which Plan- ning Department staff person services will be provided. (4 ) Discussion was held concerning the setting of a pub- lic hearing on the matter, and compliance with the Brown Act. The matter has been reviewed by the Redevelopment Committee, consisting of three Council Members; therefore, it cannot be referred to another Council committee. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that the request of David Lechuga, Chairman of the Northwest Rede- velopment Project Area Committee for the preparation of a Memorandum of Understanding to define the services to be provided by the Planning Department, be referred back to the Redevelopment Committee. APPEAL - BOARD OF BUILDING COMMISSIONS DECISION - DEMOLITION OF 1548 N. MT. VERNON - H. PIERCE, JR. In a memorandum dated November 23, 1987, James Richardson, Acting Director of Building & Safety, stated that the Board of Building Commissioners chose not to rehear the case of the scheduled demolishment of the building located at 1548 N. Mt. Vernon, as requested by the property owner, H. Pierce, Jr. (9) In appealed e r s' to Vernon. a letter dated November 10,1987, Mr. Pierce the decision of the Board of Building Commission- demolish the building located at 1548 N. Mt. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the appeal of the decision of the Board of Building Commis- sioners to demolish the building located at 1548 N. Mt. Vernon be set for December 21, 1987, at 9:30 a.m., in the City Council Chambers, 300 North "D" Street, San Bernar- dino, California. PERSONNEL ACTIONS Council Member Pope-Ludlam 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 as follows: (12) 4 12/7/87 APPOINTMENT Animal Control Animal Shelter Office Specialist - Effective December 8, 1987 Alexia C. King Clara Jane Stewart Police Brone Monte Seenarine - Police Officer - Effective December 18, 1987 APPOINTMENT/PROVISIONAL Parks, Recreation & Community Services Ruben Campos, Sr. - Recreation Center Manager I - Effective December 8, 1987 City Administration/CATV Division Julie M. Reifel - CATV Programming Supervisor - Effective November 30, 1987 APPOINTMENT/TEMPORARY Public Works/Public Buildings Custodial Aide I - Effective December 8, 1987 through June 7, 1988 Billy R. Davenport Derrick Howard Parks, Recreation & Community Services Clementina Calderon - Kitchen Helper - Effective December 8, 1987 through June 7, 1988 Senior Services Aide - Effective December 8, 1987 through June 7, 1988 Yvonne Serrano Margaret Talmadge Coach Operator - Effective December 8, 1987 through June 7, 1988 Denita Beamon Michael A. Hughes Morris A. Hill Randy Nolfo - Groundsman/Part-Time - Effective December 8, 1987 through June 7, 1988 Recreation Aide - Effective December 8, 1987 through June 7, 1988 Mark Alexander T. Armistead Andrew Berumen Paula Garcia Floyd Morris Esther Ramirez Luisa Gutirrrez Dale Armistead James Beaumont Melissa Flores Angela Joyner Aaron Olive Kevin Williams 5 12/7/87 Recreation Leader - Effective December 8, 1987 through June 7, 1988 Linda Bowen Carol Harrison Tracy Rascon Margaret Staten Don Ervin Hershey Nation D. Rundquist Beverly Stone Senior Recreation Leader - Effective December 8, 1987 through June 7, 1988 P. Shimizu-Bailey Stella Gonzales Scott Kay Harald Luther Susana Ochoa P. Pennington B. Joyner Linda Bogosian Monica Harley M. Loenhorst L. McClung L. Pennington Teresa Wilson Recreation Specialist - Effective December 8, 1987 through June 7, 1988 Janet Chaney Mary Orrison S.B.E.T.A./Administration June Yamamoto Bastaj ian - Staff Analyst I (JTPA) - Effective December 14, 1987 through (indefinite) PROMOTION/TEMPORARY Public Works/Public Buildings Custodial Aide II - Effective December 8, 1987 through June 7, 1988 Maria N. Garcia William L. Lytle Robert J. Williams Delfino B. Gutierrez Ambrocio Velarde David R. Linares - Custodial Aide III - Effective December 8, 1987 through June 7, 1988 Parks, Recreation and Community Services Ann Kassel - Recreation Specialist - Effective December 8, 1987 through March 8, 1988 Yvonne Knox - Senior Recreation Leader - Effective December 8, 1987 through June 7, 1988 LEAVE OF ABSENCE WITHOUT PAY Police Richard S. Gold - Identification Technician II - Effective November 22 - December 17, 1987 HIGHER ACTING CLASSIFICATION Planning Edward Gundy - Principal Planner - Effective December 17, 1987 through February 16, 1988 Sandra Paulsen - Senior Planner - Effective December 17, 1987 through February 16, 1988 The positions of Director of Animal Control and Life- guards were not approved at this time. (See Page 35) 6 12/7/87 READING AND WAIVING OF RESOLUTIONS Shauna Clark, City Clerk, read the titles of the resolutions on the Council Agendas. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that fur- ther reading of the resolutions be waived. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE IMPLEMENTATION OF A PLAN OF ACTION FOR PROJECT RENAISSANCE, SETTING FORTH CERTAIN ACTIONS TO BE TAKEN BY CITY, ASSIGNING CERTAIN RESPONSIBILITIES, AND ESTABLISHING REPORTING REQUIREMENTS OF THE PROJECT MANAGER AND ASSISTANT PROJECT MANA- GER. (14, 33, 34a) Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be continued until the noon workshop. (Page 13) RES. 87-421 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE MORE ATTRACTIVE COMMUNITY FOUNDATION FOR VISUAL ARTS. (Entrance to the City signs) (Continued from November 23, 1987) (13) Sam Catalano, President of the More Attractive Com- munity Foundation, explained why he considers the monument entrances to the City as visual art, and the appropriate- ness of the use of funds granted from the Fine Arts Com- mission to provide the signs. He answered questions regarding the matching of granted funds by the More Attractive Community Foundation. The Council discussed the duties of the Fine Arts Commission and the use of its funds. Barry Silver, Chairman of the Fine Arts Commission, stated that the entrance monuments to the City provide a dramatic presentation of medium, which makes the signs fall into the category of art. Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam, that the allocation of $7,000.00 to the More Attractive Community Foundation, as recommended by the Fine Arts Commission, be approved. Council Member Reilly made a Council Member Pope-Ludlam, that adopted. motion, seconded said resolution by be Resolution No. 87-421 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: Council Member Estrada. Absent: Council Member Miller. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE WITH THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION, SAN BERNARDINO, CALIFORNIA, CONCERNING A CERTAIN PARCEL OF REAL PROPERTY LOCATED IN THE CITY OF SAN BERNARDINO. (15) 7 12/7/87 r The Council discussed the legalities of the lease. Council Member Estrada made a motion, seconded by Council Member pope-Ludlam and unanimously carried, that said resolution be continued to the December 21, 1987, meeting of the Mayor and Common Council of City of San Bernardino. It was requested Teddy Bear Tymes, Inc. be notified to have a representative present at the December 21, 1987, Council Meeting. RES. 87-422 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION BY THE MAYOR AND COMMON COUNCIL OF A MEMORANDUM OF UNDER- STANDING FOR A NUTRITION FOR SENIORS PROGRAM BETWEEN THE CITY OF SAN BERNARDINO AND THE HOUSING AUTHORITY OF THE COUNTY OF SAN BER- NARDINO. (Whitney Young Center) (16) Council Member Minor made a motion, seconded by Coun- cil Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 87-422 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Pope-Ludlam. Noes: Council Member Miller. by the following Reilly, Flores, None. Absent: RES. 87-423 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION.OF AN AMENDMENT TO AGREEMENT WITH PRIVATE MEDICAL- CARE, INC., EXTENDING THE TERM FOR AN ADDI- TIONAL YEAR EFFECTIVE JANUARY 1, 1988. (17) Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the resolution to extend the terms of agreement an additional year with Private Medical-Care Inc., effective January 1, 1988, be approved with no change in rates. Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 87-423 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor Pope-Ludlam. Noes: None. Absent: Coun- cil Member Miller. RES. 87-424 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 EN- TITLED IN PART "A RESOLUTION...ESTABLISHING A BASIC COMPENSATION PLAN..."; BY CHANGING THE SALARY RANGE OF THE CITY TREASURER FROM R4150 ($3ll0-3789/MO) TO R4164 ($3698-4506/MO); DIRECTOR OF COMMUNITY DEVELOPMENT FROM R4155 ($3309-4033/MO) TO R4166 ($3789-4618/MO) AND THE CITY CLERK FROM R4160 ($3521-4287/MO) TO R4177 ($4342-5288/MO) EFFECTIVE JANUARY 4, 1988. (18) 8 12/7/87 Ray Schweitzer, City Administrator, provided back- ground information regarding the salary survey that led the Personnel Committee to propose the pay increases. Discussion ensued regarding the manner in which the salary survey was done, and that the increase in the salaries puts the City of San Bernardino in the median range. More information was requested concerning temporary positions which are paid $3.50 - $3.70 an hour. Council Member Minor made a motion, seconded by Coun- cil Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 87-424 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor Pope-Ludlam. Noes. None. Absent: Coun- cil Member Miller. RECESS MEETING - CLOSED SESSION At 10:14 a.m., Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the Common Council 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 formally and to which the City is a party. (28) The title of the Litigation is Adair vs. City of San Bernardino - Superior Court Case No. 229456. CLOS ED S ES S ION At 10:14 a.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; City Attorney Penman, City Administrator Schweitzer. Absent: Council Member Miller; City Clerk Clark. Also present was Michael Kaiser of Redwine and Sher- rill. ADJOURN CLOSED SESSION At 10:20 a.m., the Closed Session of the Mayor and Common Council of the City of San Bernardino adjourned to the Regular Meeting in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECONVENE MEETING At 10: 20 a.m., the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino 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; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Miller. 9 12/7/87 PUBLIC HEARING - CITY EMPLOYEE CUSTOMER SERVICE TRAINING - HARRIS M. PLOTKIN, PRESIDENT - PLOTKIN & ASSOCIATES In a letter dated November 5, 1987, Harris M. Plot- kin, President of Plotkin & Associates, requested a hear- ing concerning the Mayor awarding a contract to Hagar & Associates for customer service training for City em- ployees, instead of to Plotkin & Associates. (26) Mayor Wilcox opened the hearing. Dr. Juanita Scott, Affirmative Action Officer, pro- vided statistics regarding the number of City employees receiving customer service training and the costs of different programs given over the years. She stated that the City is now a member of a nine-city consortium, which defrays the costs of training programs. She answered questions regarding the evaluations of the training programs. She stated that there was no bias in the issuance of the training program contracts. Harris M. Plotkin, gave a presentation consultant firm offers, the programs. President of Plotkin & Associates, of the training programs his and evaluations he has received of Council Member Minor made a motion, seconded by Coun- cil Member Pope-Ludlam and unanimously carried, that the hearing be closed. James Penman, City Attorney, answered questions, stating that there is no requirement that contracts for professional services be put out for competitive bidding; however, the Mayor and Common Council should approve the contracts even if the monies have been budgeted. He commended the Mayor for not limiting these types of contracts to firms with which her personal professional business is involved. Council Member Maudsley made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the Mayor submit a report to the Council Personnel Com- mittee on the current customer service training program to see if it is going to meet the goals of the City as far as customer service training is concerned. 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. (Continued from November 16, 1987) (Final) (23) Clay Hage, Regional Director, Western Mobile Home Association, delivered a letter to the Mayor and Common Council from the Mobile Home Park Owners Executive Commit- tee, stating their compliance with the extension of the voluntary rent increase moratorium. 10 12/7/87 He stated that the Mobile Home Park Owners Associa- tion wishes to continue its cooperation with the Mayor and Council, and expressed distress that a number of mobile home park residents are attempting to pre-empt the conduct of the mobile home park survey. Mr. Hage answered questions regarding reports received by the Council that some mobile home park owners are cutting services to their residents, such as the use of recreation facilities, and are trying to raise their rents. Ken Henderson, Director of Community Development, spoke regarding a notice from a mobile home park owner to its residents that rents will be raised effective February 1, 1988, which is three days before the end of the volun- tary freeze. He has been assured that the provisions of the rent moratorium will be followed. State Law requires that a 60-day notice be given before rents may be increased. Sally Wilder, Chairperson of the Mobile Home Organi- zed Residents Enterprise, requested that people conducting the mobile home park survey carry identification, and that she be notified of any subcontractors surveying the resi- dents, so that she can inform the residents. Ms. Wilder denied allegations that she was trying to thwart the survey. COUNCIL MEMBER MILLER ARRIVED At 11:20 a.m., Council Member Miller arrived at the Council Meeting. Ken Henderson, Director of Community Development, answered questions regarding the identification of sur- veyors. Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that said ordinance be continued to the January 4, 1988, meeting of the Mayor and Common Council of the City of San Bernar- dino. ALCOHOLIC BEVERAGE CONTROL BOARD CONDITIONS - YOUR MARKET - 1455 HIGHLAND AVENUE - ED STOCKBERGER - CONTINUED FROM NOVEMBER 16, 1987 In a memorandum dated November 5, 1987, Council Mem- ber Pope-Ludlam requested that the Mayor and Common Coun- cil discuss and possibly take appropriate action regarding the conditions established by the Alcoholic Beverage Con- trol Board relative to the request of Mr. Ed Stockberger for an ABC License for his market at 1455 Highland Avenue. (30 ) Council Member Estrada made a motion, seconded by Council Member Miller, that the matter concerning condi- tions of an ABC License for Your Market, at 1455 Highland Avenue, owned by Mr. Ed Stockberger, be reconsidered. 11 12/7/87 The motion Council Members Ludlam, Mi ller. None. carried by the following vote: Ayes: Estrada, Reilly, Flores, Maudsley, Pope- Noes: Council Member Minor. Absent: James Penman, City Attorney, answered questions re- garding the issuance and transfer of Alcoholic Beverage Control Licenses, and the City's role in making recommen- dations to the Alcoholic Beverage Control Board. Ed Stockberger, owner of Your Market, requested that the City recommend the lifting of conditions imposed on his Alcoholic Beverage Control License, so that his busi- ness may be competitive and sell single containers of alcohol. Donald Burnett, Chief of Police, recommended that the restrictions on the ABC License for Your Market be main- tained. Sgt. Ernie Tull, Police Department, provided the results of a survey conducted with neighboring business and photographs of the shopping center. Council Member Reilly requested that the record show that he supports the Police Chief's program to reduce crime, and feels that Mr. Stockberger has proved himself a responsible business owner. Council Member Estrada made a motion, seconded by Council Member Miller, that a letter be sent to the Alco- holic Beverages Control Board advising them that the Com- mon Council recommends the lifting of the restriction based upon the prerogative of the Council. (This action was vetoed by Mayor Wilcox later in the meeting - See Page 35) The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Pope-Ludlam, Miller. Noes: Council Members Flores, Maudsley, Minor. Absent: None. ADJOURN MEETING At 12:07 p.m., Council Member Pope-Ludlam made a motion, seconded by Council Member Minor and unanimously carried, that the meeting adjourn to the workshop scheduled to meet in the Management Information Center, concerning expanded code enforcement and Project Renais- sance. RECONVENE MEETING At 12: 30 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Management Information Center (MIC Room), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. 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; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Miller. 12 12/7/87 LUNCHEON WORKSHOP - EXPANDED CODE ENFORCEMENT - PROJECT RENAISSANCE - MORE ATTRACTIVE COMMUNITY FOUNDATION This is the time and place set for a luncheon work- shop to consider Code enforcement with an emphasis on the More Attractive Community Foundation, Project Renaissance, expanded code enforcement, and the issue of how these programs will interface. (14, 33, 34a) In a memorandum dated November 23, 1987, Mayor wilcox submitted a report from James Richardson, Deputy City Administrator for Development Services, on the code en- forcement program. In his report, Mr. Richardson recom- mended the expansion of the code enforcement program with- in the Building & Safety Department. The report set forth the source of funding and the elements of the program. (33) In a separate memorandum dated November 23, 1987, Deputy City Administrator Richardson set forth a proposal on Project Renaissance. Project Renaissance is proposed as a city-wide program, which will have various target areas for clean up. The first target area is generally bounded by Fifth Street on the south, Ninth Street on the north, "E" Street on the east and Interstate 215 on the west. The major components of the plan include organi- zation and support, clean up and beautification, and pub- lic and community facilities. (14) Deputy City Administrator Richardson was present to explain his proposals. He distributed an impact statement to show the impact expanded code enforcement would have on each City department. The Council discussed the proposals and presented some concerns about transients at the downtown library, the Mayor's More Attractive Community program, funding for expanded code enforcement, and the productivity of the last two code enforcement positions. Sandy Lowder, Deputy Director of the Redevelopment Agency, explained how Redevelopment funding would contri- bute to the expanded code enforcement program. City Administrator Schweitzer answered questions and stated that the expanded code enforcement program would require eleven new employees. Greg Garcia explained the Mayor's More Attractive Community program, and the purpose of the More Attractive Community Foundation. Donald Burnett, Police Chief, spoke regarding his past experience with comprehensive code enforcement. There are problems with displacement of people and crime areas, and there is a need to have on-going contact with a target area to prevent reoccurrence of problems. Francisco Gomez, Planning Commissioner, spoke regard- ing intensive code and law enforcement, which has cleaned up the Mt. Vernon area. It has resulted in increased residential crime. 13 12/7/87 Ken Henderson, Director of Community Development, spoke regarding the need to coordinate all programs: MAC, Renaissance, Main Street, Code enforcement. He emphasized the need to discuss the hard realities of displacement, and the homeless, and prepare a plan of action for these eventualities. Gerald Newcombe, Fire Chief, stated he agreed with the concepts presented, but has a problem with a recommen- dation by Deputy City Administrator Richardson of reducing a fire inspector. He stated that he asked for more fire inspectors during the budget process, but was denied. He emphasized the health and safety aspects of fire preven- tion. John Wilson, Deputy City Attorney, spoke regarding the problem with funding. For example, with demolitions, liens may not be paid off for five years when a property is sold for tax purposes. After discussion, Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that this matter be continued to the January 4, 1988, Regular Meeting of the Mayor and Common Council of the City of San Bernardino. ADJOURN WORKSHOP At 1:30 p.m., the luncheon workshop adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 2: 14 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; Senior Assistant City Attorney Barlow, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Miller. CHANGE OF ZONE 87-20 - MILL AND ALLEN STREETS - ERNEST HARRIS ASSOCIATION, APPLICANT - BOYD STREET PROPERTIES, OWNER In a memorandum dated November 18, 1987, Ann Sira- cusa, Planning Director, provided background information regarding Change of Zone 87-20, in which Applicant Ernest Harris Association requested a change of zone under code authority 19.06.060 on a 3.27 acre lot from M-l, Light Industrial to C-M, Commercial Manufacturing, on property located on the northwest corner of Mill and Allen Streets, owned by Boyd Street Properties. (39) Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the responses to comments be approved; that the Negative Declaration for environmental impact, which has been re- viewed and considered, be adopted; that the findings and recommendation of the Planning Commission be approved; and that the City Attorney be directed to prepare the neces- sary amendments to the Zoning Code. 14 12/7/87 COUNCIL MEMBER MILLER ARRIVED At 2:20 p.m., Council Member Miller arrived at the Council Meeting. CITY ATTORNEY PENMAN ARRIVED At 2:20 p.m., City Attorney Penman replaced Senior Assistant City Attorney Barlow. HIGHLAND HILLS SPECIFIC PLAN The following appeals of Conditional Use Permits 87-5 and 87-47 concern the Highland Hills Specific Plan. As the subject matter is related, the appeals concerning the denial by the Planning Commission of the two Conditional Use Permits were heard together. (40 & 41) CONDITIONAL USE PERMIT 87-5 - 224-UNIT APARTMENT COMPLEX - HIGHLAND AVENUE, EAST OF BOULDER - DENNIS MARTIN, APPLICANT - HIGHLAND HILLS PROPERTIES, OWNER In a memorandum dated November 20, 1987, Ann Sira- cusa, Planning Director, provided background information concerning an appeal filed by Applicant Dennis A. Martin, regarding the denial by the Planning Commission of Condi- tional Use Permit 87-5 for the construction of a 224-unit apartment complex within the Planned Residential Develop- ment zoning District of the Highland Hills Specific Plan. (40) The subject site encompasses approximately 14.10 acres located on the north side of Highland Avenue, and approximately 1200 feet east of Boulder Avenue, within the Highland Hills Specific Plan. In a letter dated November 18, 1987, Dennis A. Mar- tin, Applicant, requested an appeal hearing concerning the decision of the Planning Commission. CONDITIONAL USE PERMIT 87-47 - 284-UNIT APARTMENT COMPLEX - HIGHLAND AVENUE, EAST OF BOULDER - HIGHLAND HILLS GATEWAY, APPLICANT - HIGHLAND HILLS PROPERTIES, OWNER In a memorandum dated November 18, 1987, Ann Sira- cusa, Planning Director, provided background information concerning an appeal filed by John Dukes, General Partner in Highland Hills Gateway, Ltd., regarding the denial by the Planning Commission of Conditional Use Permit 87-47 for the construction of a 284-unit apartment development on property owned by Highland Hills Properties. (41) The subject site encompasses approximately 30 acres located on the north side of Highland Avenue, east of Boulder, Parcels 1 and 2 of Parcel Map 9166 in the High- land Hills Specific Plan. In a letter dated November 18, 1987, John Dukes, a General Partner in Highland Hills Gateway, Ltd., requested an appeal hearing concerning the Planning Commission's denial of Conditional Use Permit 87-47. In addition to the inconsistancies with the Specific Plan and concerns cited during the public testimony at the November 4, 1987, Planning Commission Meeting, regarding Conditional Use Permits 87-5 and 87-47, the following additional concerns were cited concerning Conditional Use Permit 87-47: 15 12/7/87 - Street dedications and alignment with re- gard to Orchard Avenue and Highland Avenue. - The 2.5 acre park site. - Drainage with regard to the North Fork Ditch. In a Statement of Official Planning Commission Action, the following Findings of Fact were given to sub- stantiate the Planning Commission's denials of Conditional Use Permits 87-5 and 87-47: 1. Since the Specific Plan is over five years old, and since substantial changes to the Plan are indicated, the proposed project no longer meets the intent of the approved Specific Plan. 2. Since the Environmental Impact Report is over five years old, and significant changes in the Highland vicinity have occurred, the cumulative impacts of this and other develop- ments have not been adequately addressed. 3. The traffic study does not support the projects and substantial land use changes have occurred in the past five years to war- rant updating such information to the En- vironmental Impact Report. The following inconsistancies with the Specific Plan and concerns were cited during public testimony at the November 4, 1987, Planning Commission meeting, regarding Conditional Use Permits 87-5 and 87-47: The Specific condomini urns and this proposal is which will be used Plan discussed "townhouse garden apartments" where for townhouse apartments for rentals. The compatibility of the proposal with surrounding land uses. Parking standard requirements and posals. Traffic generated, the trips rated, and the appropriateness of the mation contained in the Specific Plan. pro- gene- in for- - Noise resulting from construction of the project, and the traffic generated by resi- dents of the project. - The quality and quantity of water supply. - The adequacy of fire protection and pre- vention, which includes a greenbelt area. - Hiking trails as required by the Specific Plan. - Drainage with regard to Cook Canyon Creek. 16 12/7/87 Initial Studies were prepared by the Planning Depart- ment, concerning Conditional Use Permits 87-5 and 87-47, providing research concerning the proposed projects, pro- ject impacts, project description, location, site and project characteristics, existing conditions, environ- mental assessments, setting and effects, noise, traffic hazard, flood potential and hazard, facilities and ser- vices, seismic and geologic hazards, grading, cumulative effects and references. Planning Director Siracusa made the same conclusion in her Observations concerning Conditional Use Permits 87-5 and 87-47, which reads as follows: "The subject site(s) is designated for medium density residential in the Highland Hills Specific Plan. An Initial Study was prepared and presented to the Environmental Review Committee and a Negative Declaration is pro- posed. Public comments and review were solicited. With the request for modification of the RV parking requirement and subject to conditions attached, the proposed project meets code requirements and is consistent with the Specific Plan approved and adopted as policy by the City." In a letter dated November 13, 1987, the Council- Elect of the new City of Highland, requested that no action be taken on the Highland Hills Project until repre- sentatives from both cities can meet and come to an under- standing regarding concerns over the project. In a letter dated November 17, 1987, County Super- visor Barbara Cram Riordan requested positive considera- tion of extending a brief continuance of the Highland Hills Project so that the Highland Council-Elect could work to mitigate some of the concerns over the project. Letters written to the Planning Commission and to the Planning Department regarding Planning Commission hearings held November 4, and 17, 1987, were made a part of the back-up of the Council Meeting. In a copy of a letter addressed to Dennis A. Martin, Applicant for Highland Hills Properties, which was re- ceived by the City Planning Department on December 4, 1987, Charles Holt of the Army Corps of Engineers, Office of the Chief Regulatory Branch, stated that it appears the Highland Hills area projects fall under the jurisdiction of the Army Corps of Engineers under Section 404 of the Clean Water Act. The projects will require either an "individual" or "nationwide" permit, which will be deter- mined by the Army Corps of Engineers within 20 days of receipt of information regarding the projects. Discussion was held concerning the presence of a secretary taking minutes with a transcribing machine. Council Member Minor made a motion, seconded by Coun- cil Member Estrada, that each person speaking before the Mayor and Common Council be sworn in as witnesses. 17 12/7/87 The motion carried by the following vote: Council Members Estrada, Reilly, Flores, Minor, Noes: Council Member Maudsley, Pope-Ludlam. None. Ayes: Miller. Absent: Shauna Clark, City Clerk, administered the oath to all persons in the audience wishing to speak before the Council. Each of those people filled out a "Request to Speak" form, identifying them for the record. w. E. Leonard, 103 E. 49th Street, San Bernardino, Highland Hills Properties, a general partner and under- lying owner of the property, gave a brief history of the Highland Hills Project over the past six years. He stated that at the suggestion Director Frank Schuma, a Special Plan was the amount and location of the property. planner was hired by the City and paid Hills Properties. of then Planning developed due to An architectural for by Highland Mr. Leonard stated that it was determined at that time that there were 44 acres qualifying for residential development in the garden apartment part of the Specific Plan. The maximum allowable number of units for that amount of property is 616; however, based upon the ter- rain, Highland Avenue, existing residential development and proposed development, Mr. Leonard stated that Mr. Schuma determined a minimum and maximum number of sites for each parcel, and lowered the maximum to 581 units. Mr. Leonard stated that the City represented that the project did comply with the land use and housing elements of the General Plan. The City is to receive 1% of the amount of the bonds issued for the project, amounting to $290,000. Robert Johnson, CHJ Engineering, Inc., 1355 E. Cooley Drive, Colton, California 92324, spoke regarding a study of the site having been done regarding geologic and soil conditions. He stated that Gary S. Rasmussen & Associates, an engineering geology firm, was hired to conduct a lique- faction study. He provided a brief report of their find- ings, and examples of how liquefaction problems may be mitigated. Mr. Johnson answered questions regarding specific considerations having been given to the potential lique- faction problem in Highland Hills by Mr. Bolton Seeds, a geologist, stating that it was studied in the geologic investigation. He also spoke regarding the groundwater level in the area. Kathy Sanderson, 42900 Bob Hope Drive #164, Rancho Mirage, California, representing Dennis A. Martin, appli- cant for Conditional Use Permit 87-5, described the size, number of units, rents and amenities of the proposed development. 18 12/7/87 Robert T. Law, 4291313 Bob Hope Drive #164, Rancho Mirage, California, representing Dennis A. Martin, appli- cant for Conditional Use Permit 87-5, made a slide pre- sentation of the proposed development, known as Quail Woods, a private residential community. Kathy Sanderson spoke regarding awards Dennis A. Martin has received for his developments. Vivian Nash, 1875 W. Highland Avenue, San Bernardino, of Dukes-Dukes & Associates, Inc., who represent Highland Hills Properties, described the proposed development of 284 units covered by Conditional Use Permit 87-47. Steve Kodama, 281313 Van Ness Avenue, San Francisco, California, of Kurtzman and Kodama Architects, spoke re- garding the design of the Highland Hills Properties, described by Conditional Use Permit 87-47. Vivian Nash stated that Dukes-Dukes & Associates, Inc. is willing to accept as an additional condition to the approval of the project that Certificates of Occupancy not be issued by the City until all improvements required by the City are made on the development. Joe Bonadiman, J. E. Bonadiman & Associates, P. O. Box 5852, San Bernardino, California, provided a parcel map showing the engineering of traffic on Highland Avenue, and the bridge, which will be increased to four lanes. Susan Fox of Smith, Peroni and Fox, an engineering firm, 9813 E. Tahquitz, Palm Springs, California, was pre- sent to answer questions. She provided the studies for the original Specific Plan for Highland Hills. H. Norman Johnson, Jr., a long-time resident, 616 E. Fairmount Drive, San Bernardino, spoke in favor of the proposed developments, commenting on their value to people who cannot afford to live in the foothills. Mayor Wilcox made a statement to officially enter all of the Agenda back-up materials into the record. Dennis Johnson, Council Member-Elect, City of High- land, a member of the Highland Hills Homeowners Associa- tion, and an adjacent property owner, 285413 E. Highland Avenue, Highland, California, stated that there were several people wishing to speak in opposition to the development of Highland Hills. Laurie Tully, Council Member-Elect, City of Highland, 7131313 Lapraix #34, Highland, California, gave a slide pre- sentation concerning the environment of Highland Hills, and asked for denial of the Conditional Use Permits so that the area may remain quiet and rural. Jim Nunn, 28695 Arroyo Vista, Highland, California, spoke in opposition to the developments, citing high- density and risks due to fire. Discussion ensued regarding the definition of con- dominiums according to the Specific Plan. 19 12/7/87 Jim Rissmiller, 28019 Millar, Highland, California, Council Member-Elect, City of Highland, read a letter from the City of Highland to the Mayor and Common Council of the City of San Bernardino, requesting that the Cities of San Bernardino and Highland coordinate efforts to have a compatible and transitional development. Rex Griggs, 28435 Coachman Lane, Highland, Cali- fornia, a resident of Carriage Hills, spoke against the development as he feels it will have a negative effect on property values in the neighborhood, and regarding fire standards in the Specific Plan. Gerald Newcombe, Fire Chief, spoke regarding fire concerns in the Highland Hills area having been reviewed and mitigation measures taken to meet the concerns. Changes have been made in the type of allowable construc- tion in fire hazard areas. Tom Howes, 28530 Oak Ridge Road, Highland, Cali- fornia, spoke against the development, stating that in 18 years of appraisal work he has not seen apartments built next to $300,000 to $500,000 homes. Gene Vosika, 28370 Coachman Lane, Highland, Cali- fornia, a Carriage Hills resident, spoke in opposition to the development, which he stated would cause a change in his quality of life. Mary Reusch, 28732 Live Oak Road, Highland, Cali- fornia, spoke in opposition to the development, and stated she felt that the Police Department was already too short- handed to be able to handle this area. Richard Borger, 3023 Mountain Top, San Bernardino, California, spoke against the development, stating that he had moved to the Highland area from the Northpark area, which he felt was too high density. He wants the Highland area to remain as it is. Freddie Spellacy, 2724 Waterman Avenue, San Bernar- dino, California, a local real estate broker, spoke against the development of apartments in the Highland Hills area, stating that the real estate market needs custom bui 1 t homes in the $200,000 to $300,000 pr ice range, and is glutted with apartments. Cecil Dossett, 28725 Arroyo Vista Drive, Highland, California, requested denial of the project, and expressed concerns regarding engineering and flooding in the High- land area. Robert Engleman, 28663 Arroyo Vista Drive, Highland, California, a general contractor, spoke against the development, and questioned the building plans and re- quirements for the project. James Penman, City Attorney, answered questions re- garding the procedure for approving the development plans and the adoption of the Specific Plan. RECESS MEETING At 4:30 p.m., Mayor wilcox called for a brief recess of the meeting. 20 12/7/87 RECONVENE MEETING At 4: 50 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by 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. HIGHLAND HILLS PROJECT HEARING CONTINUED This is the time and place continued for for a hear- ing concerning development in the Highland Hills area, and the denial of Conditional Use Permits 87-5 and 87-47 by the Planning Commission. (See testimony prior to recess) (40 & 41) Cynthia Ludvigsen, 444 N. Arrowhead Avenue, Suite 206, San Bernardino, California, attorney representing the Highland Hills Homeowners Association, spoke in opposition to the development, and listed the concerns of the associ- ation, and the impact of the development. Ann Siracusa, Planning Director, answered questions and addressed comments made by Cynthia Ludvigsen, for the Mayor and Common Council. She spoke regarding the pro- cedure of amending a Specific Plan, which cannot be amended by a parcel map. Roger Hardgrave, City Engineer, answered questions regarding the traffic study and plans for realigning High- land Avenue. Ann Siracusa, Planning Director, answered questions regarding the project not being required to be submitted to the State Clearing House, as the State Department is not a lead agency. Dennis Barlow, Senior Assistant City Attorney, answered questions regarding the policy of having projects submitted to the State Clearing House, stating that this development was not required to be submitted to the State Clearing House. Roger Hardgrave, City Engineer, answered questions regarding the wetlands in the Highland Hills area. Ann Siracusa, Planning Director, stated that accord- ing to State Law for residential development, a Specific Plan with a certified environmental impact report is not required to have an environmental assessment, unless significant changes have been made in the Specific Plan. It was determined that this project had enough changes to require an environmental assessment. She stated that the Environmental Review Committee recommended a negative declaration because changes in the Specific Plan were not significant enough. There has been no additional input from the Citizen Advisory Committee regarding the General Plan. 21 12/7/87 Roger Hardgrave, City Engineer, answered questions regarding liquefaction in the Highland area. Robert Johnson of CHJ, Inc., an engineering firm, answered questions regarding liquefaction. City Attorney Penman answered questions regarding the City not having any liability regarding bonds and bond compliance agreements. The following people had completed "Request to Speak" forms, but deferred their comments: Richard DeBranch, Nancy Johnson, Hunting Lord, Don Stark, Bill Tilden, Alfred Tolmacs, Ted Zaha, Bill Smith and John Dukes. Jim Mulvilhill, an associate professor at Cal State University San Bernardino, specializing in urban planning, requested to examine lower densi ty, yet economically viable alternatives that are more compatible and better conformed to the Highland City plan. He spoke regarding the need for up-scale custom homes over $150,000 in value, and stated that they would not be built next to an apartment complex. He read a note from Freddie Spellacy, real estate broker, who spoke against the development earlier in the meeting and had to leave, which stated she has had two recent cancellations of escrows due to the zoning for apartments in the neighborhood. City Attorney Penman requested that the following conditions be added in addition to those listed in the Agenda back-up: that prior to the commencement of development of the project, the Applicant shall fund a review of the project area by the City Planning Department for any species currently on the endangered species list. Further, the Applicant shall take actions to protect any such species as determined by the Planning Department. The Applicant shall have the right to appeal the reason- ableness of such determinations to the Mayor and Common Council. City Attorney Penman reiterated Condition #13 of the City's Planning Department, which states that in the event that approval of the project is legally challenged, the City will promptly notify the Applicant of any claim or action, and will cooperate fully in the defense of the matter. Once notified, the Applicant will defend, indem- nify and hold harmless the City, its officers, agents and employees from any claim, action or proceeding against the City. The Applicant will reimburse the City for any court cost and attorney's fees which the City may be required by a court to pay as a result of such action, but such parti- cipation shall not relieve applicant of his obligation under this condition. He commended the Mayor and Common Council for taking into consideration the concerns of the community outside of the City of San Bernardino. 22 12/7/87 Dennis Johnson, Council Member-Elect, City of High- land, California, requested that the Mayor and Common Council of the City of San Bernardino meet with the City of Highland concerning the development of the Highland Hills area. Roger Hardgrave, City Engineer, answered questions regarding the City being assured that conditions imposed on the developers were completed before the issuance of a Certificate of Occupancy on the project. Ann Siracusa, satisified that the clearly detailed. Planning Director, stated she is conditions for development have been City Attorney Penman was answered in the affirmative when he asked if the Applicants understood the additional conditions imposed on them regarding endangered species. Council Member Minor stated for the record that he would vote against the development in spite of the atti- tude expressed by the citizens of Highland, not because of them. Laurie Tully, Council Member-Elect, City of Highland, California, spoke regarding the commitment by the City of Highland for land needed in order to comply with the pro- visions for straightening Highland Avenue. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that the hearing be closed. Council Member Minor made a motion, seconded by Coun- cil Member Maudsley, that the decision of the Planning Commission be upheld, and the appeal denied. (This action was later reconsidered - See Page 23) (40) The motion carried by the following vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller; Noes: Council Members Reilly, Flores, Pope-Ludlam. Absent: None. Ann Siracusa, Planning Director, answered questions, stating that the two proposed developments are in com- pliance with the Specific Plan. Mayor Wilcox spoke regarding the message that the City of San Bernardino is sending to developers if pro- jects presented before the City conform to policies of the City, and the projects are turned down. City Attorney Penman answered questions regarding the liability of an Applicant when presenting projects based on City policy. He stated the Applicants do not have a vested right to begin building, until such time as they have made substantial expenditures. RECESS MEETING At 5:45 p.m., Mayor wilcox requested a brief recess of the meeting. 23 12/7/87 RECONVENE MEETING At 6: 10 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers, City Hall, 300 North "0" 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; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: None. HIGHLAND HILLS PROJECTS CONTINUED - CONDITIONAL USE PERMITS 87-5 AND 87-57 This is the time and place continued to for a hearing concerning development in the Highland Hills area and appeals of the Planning Commission's decision to deny Conditional Use Permits 87-5 and 87-47. (See action pre- vious to recess). (40 & 41) Council Member Minor made a motion, seconded by Coun- cil Member Maudsley, that the decision of the Planning Commission to deny the appeal, be upheld. (This action was later reconsidered - See Page 24) (41) cil bers The motion failed by the following vote: Members Maudsley, Minor, Miller; Noes: Estrada, Reilly, Flores, Pope-Ludlam. Ayes: Coun- Council Mem- Absent: None. Council Member Estrada stated that during the recess, she had gathered additional information regarding the health and safety mitigation measures, and now feels con- fident that everything possible is being done to make the project safe. City Attorney Penman answered questions, stating that a simple majority of the Council was required in order to reconsider a Council action. RECONSIDERATION OF CONDITIONAL USE PERMIT 87-5 - DENNIS MARTIN, APPLICANT - HIGHLAND HILLS PROPERTIES, OWNER - 224-UNIT APARTMENT COMPLEX Council Member Flores made a motion, seconded by Council Member Estrada, that Agenda Item 40 concerning an appeal of Conditional Use Permit 87-5 be reconsidered. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Pope-Ludlam. Noes: Council Members Maudsley, Minor, Miller. Absent: None. Council Member Flores made a motion, seconded by Council Member Pope-Ludlam, that the appeal of the Appli- cant be sustained; that the Findings of Fact and Negative Declaration be adopted, and that Conditional Use Permit 87-5 be granted subject to the conditions and standard requirements set forth by the Planning Department Staff Report, and the following added condition: (40) 24 12/7/87 that prior to the commencement of development of the project, the Applicant shall fund a review of the project area by the City Plan- ning Department for any species currently on the endangered species list. Further, the Applicant shall take actions to protect any such species as determined by the Planning Department. The Applicant shall have the right to appeal the reasonableness of such determinations to the Mayor and Common Coun- cil. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Pope-Ludlam. Noes: Council Members Maudsley, Minor, Miller. Absent: None. Discussion ensued regarding the health and safety of future tenants being threatened due to natural disasters such as fire, flood and liquefaction, and the compati- bility of the project with the neighborhood. RECONSIDERATION OF CONDITIONAL USE PERMIT 87-47 - HIGHLAND HILLS GATEWAY, APPLICANT - HIGHLAND HILLS PROPERTIES, OWNER - 284-UNIT APARTMENT COMPLEX Council Member Flores made a motion, seconded by Council Member Pope-Ludlam, that Agenda Item 41 concerning Conditional Use Permit 87-47, be reconsidered. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Pope-Ludlam; Noes: Council Member Maudsley, Minor, Miller. Absent: None. Council Member Flores made a motion, seconded by Council Member Pope-Ludlam, that the appeal of the Appli- cant be sustained; that the Findings of Fact and Negative Declaration be adopted, and that Conditional Use Permit 87-47 be granted subject to the conditions and standard requirements set forth by the Planning Department Staff Report and the following added condition: (41) that prior to the commencement of development of the project, the Applicant shall fund a review of the project area by the City Plan- ning Department for any species currently on the endangered species list. Further, the Applicant shall take actions to protect any such species as determined by the Planning Department. The Applicant shall have the right to appeal the reasonableness of such determinations to the Mayor and Common Coun- cil. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Pope-Ludlam. Noes: Council Members Maudsley, Minor, Miller. Absent: None. 25 12/7/87 PATTON PARK - NORTH OF PACIFIC, EAST OF ARDEN - REQUEST FOR COMPLETION OF DEVELOPMENT - PARKS AND RECREATION DEPARTMENT In a letter dated November 23, 1987, Rhoda Fox, Chairperson of the Park and Recreation Commission, ex- pressed concern over the development of Patton Park, located north of Pacific, east of Arden. The Park and Recreation Commission requested that the Mayor and Common Council provide support for immediate action to complete the development of the property into a community park, due to the possible loss of vital open space. (42) Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the development of Patton Park be continued to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino at 113:1313 a.m., Monday, December 21, 1987, in the Council Chambers, City Hall, 31313 North "D" Street, San Bernardino, California. COUNCIL MEMBERS ESTRADA AND MILLER EXCUSED Council Members Estrada and Miller left the Council Meeting. RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING CERTAIN PROPOSALS AND AGREEMENTS (BOND COUNSEL AND INVESTMENT BANKER) (Assess- ment Engineering Services for Assessment District 983, Central City South Area) (Brown & Diven, Bond Counsel; Miller & Schroeder Financial, Inc., Investment Banker) (213) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be continued to the December 21, 1987, meeting of the Mayor and Common Council of the City of San Bernar- dino; that research be done to find out if the services of Miller and Schroeder were secured through a bid process, and to explain how Miller and Schroeder are paid. COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council Meeting and took her place at the Council Table. RES. 87-425 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE WITH THE DIOCESE OF SAN BERNARDINO EDUCATION AND WELFARE CORPORATION RELATING TO THE USE OF THREE PORTABLE CLASSROOMS LOCATED ON NUNEZ PARK. (21) Council Member Reilly made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 87-425 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: Council Member Minor. Ab- sent: Council Member Estrada. RES. 87-426 - A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A QUIT-CLAIM DEED FOR TWO PARCELS LOCATED ON THE SOUTHEAST CORNER OF UNIVERSITY PARKWAY AND KENDALL STREET. (University Square, a joint venture) (22) Council Member Pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. 26 12/7/87 Resolution No. 87-426 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Coun- cil Member Estrada. 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 EXCUSED Council Member Pope-Ludlam left the Council Meeting. AN ORDINANCE OF THE CITY OF SAN BERNARDINO, FIRST AMENDING THE MUNICIPAL CODE BY DELETING CER- TAIN PORTIONS PERTAINING TO ENVIRONMENTAL HEALTH AND ADOPTING BY REFERENCE THAT PORTION OF DIVISION 3, TITLE III OF THE SAN BERNAR- DINO COUNTY CODE KNOWN AS THE UNIFORM EN- VIRONMENTAL HEALTH CODE, WITH EXCEPTIONS THERETO. (24) City Clerk Clark read the title of the ordinance. Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that said further reading of the ordinance be waived, and that said ordinance be laid over for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST AMENDING SECTIONS 13.32.070, 13.08.080, 18.44.070(D) AND ADDING SUBSECTION D TO SEC- TION 12.08.050 OF THE SAN BERNARDINO MUNI- CIPAL CODE TO PROVIDE THAT ALL NEW DEVELOP- MENT SHALL CONNECT TO THE CITY SEWER SYSTEM AND PROVIDING A PROCEDURE FOR THE REIMBURSE- MENT OF THE COST OF SUCH CONNECTION. (25) City Clerk Clark read the title of the ordinance. Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of the ordinance be waived, and that said ordinance be laid over for final passage. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the Council Table. PROTEST HEARING - STREET VACATION - NORTHWEST CORNER OF 40TH STREET AND KENDALL DRIVE In a memorandum dated November 13, 1987, Roger Hard- grave, City Engineer, stated that a request had been re- ceived from 100% of the adjoining property owners to vacate a portion of the northwest corner of 40th Street and Kendall Drive, and provided a Findings of Fact on the project. (27) Mayor Wilcox opened the hearing. No protests were filed to the street vacation. RES. 87-427 - A RESOLUTION OF THE CITY OF SAN BERNARDINO VACATING A PORTION OF THE NORTH- WEST CORNER OF 40TH STREET AND KENDALL DRIVE IN THE CITY OF SAN BERNARDINO AND RESERVING AN EASEMENT FOR PUBLIC UTILITIES THEREIN. (27) 27 12/7/87 Council Member Minor made a motion, seconded by Coun- cil Member Maudsley and unanimously carried, that further reading of the resolution be waived, and that said reso- lution be adopted. Resolution No. 87-427 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. CLAIM - COUNTY OF SAN BERNARDINO - TRAFFIC FINES COLLECTED AS RESULT OF MISDEMEANORS - CONTINUED FROM SEPTEMBER 21, 1987 This is the time and place continued to for consi- deration of the City submitting a claim to the County of San Bernardino for a percentage of fines collected as a result of individuals convicted of misdemeanors, as pro- vided for in Section 1463 on the Penal Code. (29) Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley and unanimously carried, that the subject of submitting a claim to the County for fines collected as result of misdemeanors, be continued to the January 4, 1988, meeting of the Mayor and Common Council of the City of San Bernardino. MISSION CREEK BOX CULVERT IMPROVEMENTS - CHANGE ORDERS 1 & 2 - CONTRACT - BONADIMAN- MC CAIN, INC. - CONTINUED FROM NOVEMBER 16, 1987 In a memorandum dated November 10, 1987, Roger Hard- grave, City Engineer, stated that during construction of the Mission Creek Box Culvert at Tippecanoe Avenue by Bonadiman-McCain, Inc., various changes and additions to the original contract were necessary. (31) Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that Change Orders No. 1 and 2 to the contract with Bonadiman- McCain, for improvement of Mission Creek Box Culvert at Tippecanoe Avenue, in accordance with Plan No. 7098; authorizing the contractor to excavate unsuitable soil, install 2-5" conduits, pour concrete taper on uneven bridge decks, install reflective signs and lower bottom controls elevations, and approval of the final payment, be continued to the December 21, 1987, meeting of the Mayor and Common Council of the City of San Bernardino. ANNUAL REPORT - SAN BERNARDINO ECONOMIC DEVELOPMENT COUNCIL - CONTINUED FROM NOVEMBER 16, 1987 In a letter dated November 13, 1987, Bruce D. Varner, Chairman of the San Bernardino Economic Development Coun- cil, provided a report of some of the recent activities of the EDC. (32) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the report from the San Bernardino Economic Development Coun- cil be continued to the January 4, 1988, meeting of the Mayor and Common Council of the City of San Bernardino. COUNCIL MEMBERS ESTRADA AND POPE-LUDLAM EXCUSED Council Members Estrada and Pope-Ludlam left the Council Meeting. 28 12/7/87 LEGISLATIVE REVIEW COMMITTEE MEETING - NOVEMBER 19, 1987 Council Member Reilly, Chairman of the Legislative Review Committee, presented a report of the Legislative Review Committee Meeting held November 19, 1987, at which time the following items were discussed: (34) A. Large Cities' Insurance Pool Presentation - BICEP - Referred to noon luncheon on Decem- ber 21, 1987. B. Policy on Issuance of ABC Licenses - ~~ta~~l~~~ewis - The committee recom- mended approval of the suggested pOlicy. A legal opinion is to be ready for the next meeting. C. ~en~l~~~rdlna~ce - The committee re- ferred this to the City Attorney for a full review. The discussion centered around Title 5, the type of limitations that could be placed on this type of operation so that it would remain an upgraded service rather than becoming an unenforceable array of hot dog vendors. D. Q~en~~l!_~tudy - Item referred to the Fire Commission for their review and recom- mendation within sixty days. E. ~~~~~~ement Division Functions/ Alternatives - The Committee reviewed the Memorandum-of Understanding and recommended several changes. The City Attorney and City Administrator concurred with the changes and will present the MOU to the full Council. Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that the Risk Management Division Functions/Alternatives be placed on the agenda of the December 21, 1987, meeting of the Mayor and Common Council of the City of San Bernardino, for review. Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the presentation regarding Large Cities' Insurance Pool be continued to the December 21, 1987, meeting of the Mayor and Common Council of the City of San Bernardino. F. Ordinance Amendi~ Municipal Code by Q~~!i~~~~~_~doptl~~~y Reference Certain Portions Pertaining to Environmental Health Code - The Committee referred this item to M~-Jim Richardson for a full review. He will coordinate with the Water Department and Public Services and provide all necessary information to the Committee. G. Discussion of Conflict of Interest as ~~ested at Council Meeting of November 2, 1987 - The City Attorney presented a memo to the<:ommittee and enough copies for the re- maining Council Members pertaining to Nature of City Council/City Attorney relationship; Hire of outside counsel. H. ~~veY-9.f No Smoking Ordinance - The committee received a survey from Mr. Fred Wilson (survey attached). 29 12/7/87 Council Member Maudsley made a motion, seconded by Council Member Miller and unanimously carried, that the minutes of the Legislative Review Committee meeting held November 19, 1987, be received and filed. PERSONNEL COMMITTEE MEETING REPORT - NOVEMBER 19, 1987 Council Member Reilly, Chairman of the Personnel Committee, presented the minutes of the Personnel Commit- tee Meeting held November 19, 1987, at which time the fol- lowing items were discussed: (35) 1. Salary Rate Study - Director of Community l2.eve1:.Q.E!!!~!l.! The Commi ttee recommended Salary Range 4166, Step 5 for the Director of Community Development position effective the first pay period in January, 1988. 2. Part-Time Salaries - Custodians and Se- cu~i!~uard~ - The Committee recommended approval of the salary adjustments presented by Mr. Wayne Overstreet. (Attached) 3a. Amendment to Resolution 6413 - Adding posi tions of Programmer I (R3127/$2343- $28537MOT-;amr-cllt:t--Attorne~nvestigator (R3143/$2853-$3478/MO) - The Committee recom- mended approval of both positions. The Pro- grammer I position was recommended at Range 3127. The City Attorney Investigator posi- tion was recommended at Range 3134. The requirement for the Investigator to be a peace officer was discussed and the recom- mendation was to delete that requirement. 3b. ~mendment to Resolution 6433 - Adding positions of Programmer I and City Attorney Investigator The Committee recommended adoptlon-of~he amendment. 3c. ~mendment to Resolution 10584 - Adding the positions of City Attorney Investigator, Programmer I and Senior Accountant and Delet- i!l.~ the position of Accountant II - The Com- mittee recommended adoption of the amendment. 4. ~~~~1:.ish!!!~!l.~!~ra!!i~~~neering Section - The Committee recommended approval o~theconcept of a Traffic Engineering Sec- tion with the new Traffic Engineer developing an implementation plan for presentation in the 89-90 budget presentation. The concept presented would transfer to Public Works/ Engineering the present Public Services func- tions, equipment and positions. An addi- tional nine positions would be created to absorb the additional duties now performed by the striping and signing crews so there would be no loss to Public Services. This plan is to be fully coordinated between departments prior to the budget presentation next year. 30 12/7/87 5. Affirmative Action Goals - The Committee reviewed a report from the City's Affirmative Action Officer and recommended it be received and filed. The Committee recommended that a quarterly report on progress be presented to the Committee. The Committee recommended that the Council go on record as actively supporting the program and its goals. (Re- port attached) 6. Insurance for Surviving Spouses of Re- !i~~~~~~erbal_~ep~~! - Item continued to next meeting. 7. Recognition of Employees - Continued. 8 . ~~~.u:._~ a t ~~E.E~~l_~i_~l!L~ 1 e ~~ - The Committee recommended a salary increase to Range 4177, Step 3 to be effective the first pay period in 1988. The Committee discussed establishing a separate, individualized salary schedule for elected department heads. Council Member Pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that the minutes of the Council Personnel Committee held November 19, 1987, be received and filed. RECESS MEETING - CLOSED SESSION At 6:50 p.m., Council Member Maudsley made a motion, seconded by Council Member Miller, that the meeting recess to a Closed Session pursuant to Government Code Section 54956.9 that the Community Development Commission/Rede- velopment Agency of the City of San Bernardino will now convene in Closed Session to discuss exposure to liti- gation in the matter regarding Wests ide Community Deve- lopment Corporation Bankruptcy; (R-8) and, to recess to Closed Session pursuant to Govern- ment Code Sections 54956.9(a) and (c), the Community Deve- lopment Commission of San Bernardino will be meet in Closed Session, in part, to consider the pending liti- gation captioned Cable Lake Associates etc., et al., ver- su~_!~~_~l!Lof San Bernardino Common Council, et al., Case Numbers 238714 and 239648, as well as potential litigation. (R-ll) The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: None. Abstain: Council Member Pope-Ludlam. CLOSED SESSION At 6:50 p.m., the Closed Session was called to order by Mayor wilcox in the Conference Room of the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Pope-Ludlam. ADJOURN CLOSED SESSION At 7:30 p.m., the Closed Session adjourned Regular Meeting of the Mayor and Common Council City of San Bernardino. to the of the 31 12/7/87 RECONVENE MEETING At 7: 30 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Miller. SETTING OF APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' DECISION - DEMOLITION OF 151 S. "I" STREET - PETER MIER, OWNER In a letter dated November 19, 1987, Peter Mier, 6520 Crossway Drive, pico Rivera, owner of a house located at 151 S. "I" Street, requested an appeal hearing concerning the Board of Building Commissioners' decision to demolish the house. (S-l) Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the appeal of the decision of the Board of Building Commis- sioners to demolish property located at 151 S. "I" Street, be set for December 21, 1987, at 9:30 a.m., in the Council Chambers, 300 North "D" Street, San Bernardino, Cali- fornia. CONTRACT EXTENSION - J & R LANDSCAPE, INC. LANDSCAPE MAINTENANCE SERVICES In a memorandum dated November 25, 1987, Annie Ramos, Director of Parks, Recreation and Community Services, requested an extension of the landscape maintenance ser- vices contract with J & R Landscape, Inc. through June 30, 1988, to provide time to prepare a bid package and receive bids on a multi-year contract. (S-3) City Attorney Penman explained that the contract can be extended no more than ninety days - long enough to seek bids. Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the Director of the Parks, Recreation and Community Services Department be authorized to extend the landscape mainten- ance services of J & R Landscape Maintenance Company at a cost of $19,500 for ninety days, with an expiration date of March 14, 1988. TRAFFIC FEES COLLECTION REPORT - FUNDING OF TRAFFIC IMPROVEMENTS AND SIGNALIZATION - MILL STREET, "E" STREET, INLAND CENTER DRIVE In a memorandum dated December 2, 1987, Ray Schweit- zer, City Administrator, provided a report from Roger Hardgrave, City Engineer, regarding the collection of traffic fees for use in traffic and signalization improve- ments on Mill Street, "E" Street and Inland Center Drive. (S-6 ) Council Member Maudsley made a motion, seconded by Council Member Estrada and unanimously carried, that the traffic fee report be continued to the December 21, 1987, meeting of the Mayor and Common Council of the City of San Bernardino. 32 12/7/87 FEDERAL AID URBAN PROJECT LIST - AUTHORIZATION FOR SUBMISSION OF NOMINATION FORMS TO SANBAG In a memorandum dated December 2, 1987, Roger Hard- grave, City Engineer, provided a list of projects and their priority rating for submission to SANBAG for approval of funding from the 4-year Federal-Aid Urban Program. (S-7) Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the project list of Federal-Aid Urban Projects be approved, and the Director of Public Works/City Engineer authorized to submit nomination forms to SANBAG for inclusion on the priority list for funding. PATTON PARK SOUTH IMPROVEMENTS - CHANGE ORDER TWO - CONTRACT - MATICH CORPORATION In a memorandum dated November 23, 1987, Roger Hard- grave, City Engineer, stated that the construction of two concrete steps will be required in order to provide ade- quate access to the ball fields at Patton Park South. The contract with Matich Corporation for improvements to the park did not include certain alternative improvements in order to reduce the contract price. (S-8) Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that Change Order No. Two to the contract with the Matich Corporation, for improvements of Patton Park South, Phase III, per Plan No. 7169, be approved; to authorize the contractor to install two concrete stairs with pipe handrails, for a net increase in contract price of $6,037.00, from $299,216.21 to $305,253.21. ANNE SHIRRELLS PARK (FORMERLY RIO VISTA PARK) _ LITTLE LEAGUE FIELD - BID REPORT FOR IMPROVEMENTS In a memorandum dated December 1, 1987, Roger Hard- grave, City Engineer, reported that five bids were re- ceived for improvements to Anne Shirrells Park, formerly known as Rio Vista Park. It is possible that some items could be re-designed, resulting in cost reductions. (S-9 ) Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that all bids received for the improvement of Anne Shirrells Park, formerly known as Rio Vista Park, Phase II-B, in accor- dance with Plan 7038, be rejected; and the Director of Public Works/City Engineer authorized to re-advertise for bids. AGREEMENT - COMMUNITY DEVELOPMENT FINANCIAL, INC. _ RENTAL REHABILITATION PROGRAM (RRP) In a memorandum dated November 12, 1987, Ken Hender- son, Director of Community Development, provided a resolu- tion prepared by the City Attorney for an agreement for escrow services by Community Development Financial, Inc. as approved by the Mayor and Common Counc i 1. (5 -4) Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the resolution for an agreement for escrow services by Com- munity Development Financial, Inc., be continued to the December 21, 1987, meeting of the Mayor and Common Council of the City of San Bernardino. 33 12/7/87 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING CITY PERSONNEL ACCESS TO SUMMARY CRIMINAL HISTORY INFORMATION NEEDED TO EVALU- ATE PROSPECTIVE APPLICANTS FOR EMPLOYMENT, CERTIFICATION, LICENSING AND PERMIT ISSUANCE PURPOSES AND REPEALING RESOLUTION NO. 87-16. (19) Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be continued to the December 21, 1987, meeting of the Mayor and Common Council of the City of San Bernar- dino. CLOSED SESSIONS Council Member Minor made a motion, seconded by Coun- cil Member Estrada and unanimously carried, that the fol- lowing Closed Sessions be continued to the December 21, 1987, meeting of the Mayor and Common Council: (S-5 & 36) Saunders vs. City of San Bernardino, WCAB No. 85, SBR 116410; Sal~~~ke'~~~~l!Y of San Bernardino, et al -San Bernardino Superior Court Case No. 236836; ~l!Y_of San Bernardino vs. California Construction ~~~~~~entL-!nc'L_~!~l - San Bernardino Superior Court Case No. 238755; Cabl~ake~-.!':ss~~i.~!es~~l!Y~ San Bernardino Common Council, et al - San Bernardino Superior Court Case No. 238714; DeT~~~_vs~it~f San Bernardino - San Bernardino Superior Court Case No. 214093; ~eT~~e vs. City of San Bernardino - San Bernardino Superior Court Case No. 222068; ~~l~~_vs~_~l!Y~f San Bernardino, et al - San Ber- nardino Superior Court Case No. 225490; Wales vs. City of San Bernardino, et al - San Bernar- dino Superior Court Case No. 220344; ~us~~~~~aigh!~!~l - San Bernardino Superior Court Case No. 232660; San~er~~.E.~i.no_"!.~l~LMuni.~i.Eal Water District vs. All Interested in South Valle - San Bernardino Superior CourtcaseNo-:-Z24322;--- 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. 218711; Barry Malleck vs. Cit~ San Bernardino, et al _ Federal District Court Case No. 87-1615 AWT (BX); City of San Bernardino, et al vs. The San Manuel Band of Mission Indians, et al - Case No. CV-85-6899 WJR, Federal-oTstrict Cour~Central Division, Los Angeles; Barrett, Inc., vs. City of San Bernardino, et al -San Bernardino Superior Court Case No. 239913; 34 12/7/87 Southern California Transportation vs. Fisher Grad- in~L~l!Y~!~an~er~~~~in~ - Superior Court Case No. C488l25, County of Los Angeles. RECESS MEETING - CLOSED SESSION At 8:11 p.m., Council Member Minor made a motion, seconded by Council Member Estrada and unanimously car- ried, that the meeting recess to Closed Session to con- sider personnel matters pursuant to Government Code Sec- tion 54957. (38) CLOSED SESSION At 8:11 p.m., Mayor wilcox called the Closed Session to order in the Conference Room of the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam; City Attorney Penman, City Administrator Schweitzer. Absent: Council Member Miller; City Clerk Clark. Also present was Assistant City Attorney Denice Brue. ADJOURN CLOSED SESSION At 8:30 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 8:30 p.m., the meeting reconvened in the Council Chambers of City Hall, 300 North "D" 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; City Attorney Penman, City Administrator Schweitzer. Absent: Council Members Pope-Ludlam, Miller; City Clerk Clark. PERSONNEL ACTIONS - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for consi- deration of the Personnel Actions concerning the Director of Animal Control and Lifeguards. (See Page 4) (12) Council Member Maudsley made a motion, seconded by Council Member Estrada and unanimously carried, that the following Personnel Actions be approved: APPOINTMENT Animal Control Deborah L. Biggs - Director of Animal Control _ Effective December 21, 1987 APPOINTMENT/TEMPORARY Parks, Recreation and Community Services Jill Grenowich - Supervising Lifeguard - Effective December 8, 1987 through June 7, 1988 Senior Lifeguard - Effective December 8, 1987 through June 7, 1988 David Hamm Barbara Roecker 35 12/7/87 Lifeguard - Effective December 8, 1987 through June 7, 1988 Victor Alexander Kirsten Kremer Monique Noble Jill Conley Randall Mantei Theresa Rodriquez ALCOHOLIC BEVERAGE CONTROL LICENSE - 1455 HIGHLAND AVENUE - YOUR MARKET - ED STOCKBERGER _ RECONSIDERED FROM EARLIER IN MEETING Mayor Wilcox vetoed the action taken earlier in the meeting that a letter be sent to the Alcoholic Beverage Control Board advising them that the Common Council recom- mends the lifting of the restriction on the Alcoholic Beverage License of Ed Stockberger for Your Market located at 1455 Highland Avenue. (See Page 11) (30) ADJOURNMENT At 8:55 p.m., Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the meeting adjourn. ~//01/J / f/hA ~./ City Clerk /J./'L,./ / No. of Items: 58 No. of Hours: 11 36 12/7/87