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Home My WebLink About12-21-1987 Minutes City of San Bernardino, California December 21, 1987 The Regular Meeting of the Mayor and Common Council was called to order by Mayor wilcox at 9:03 a.m., on Mon- day, December 21, 1987, in the Counci 1 Chambers of ci ty Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Michael Beauregard, Rec- ord-Setting Senior Tailback, Cajon High School Cowboys Football Team. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Jeff Gomez, Team Captain, Cajon High School Cowboys Football Team. 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 Clerk Clark, City Administrator Schweitzer. Absent: City Attorney Penman. PUBLIC COMMENTS A ci ti zen, identifying der and Chief of the House streets of San Bernardino, tions: himself as The Sword, Comman- of Ying, his address as the presented the following ques- (A) 1. Requested a time and place set for a meeting with the mayor. 2. Requested a response from Council Member Estrada regarding his claim of selective enforcement of laws and Police harrassment against him and members of the House of Ying. He asked for reimbursement for monetary losses due to his arrest for possession of a shopping cart. 3. Demanded a sweep of the City to arrest other people in possession of a shopping cart. 4. Wanted the names of those responsible for moving the pyramids and benches at Feldheym Library. 5. Requested that action be taken to close Some Place, as it is in violation of City and County ordi- nances. A list of charges will be presented to City At- torney Penman. 6. Requested the name of the person who complained about him littering ln the park. 7. Wanted action taken against the Heart Project and the Frazee Center for illegally accepting Federal food stamps for rent. A copy was made of his list of requests for consider- ation by City staff. CITY ATTORNEY PENMAN ARRIVED At 9:15 a.m., City Attorney Penman arrived at the Council Meeting. PRESENTATIONS - CERTIFICATES OF COMMENDATION _ CAJON COWBOYS FOOTBALL TEAM AND COACHING STAFF _ CIF SOUTHEASTERN CONFERENCE CHAMPIONS Richard Bennecke, Executive Assistant to the Mayor, presented certificates to the Cajon High School Cowboys 1 12/21/87 Football ning the ship. Team and Coaching Staff commending them on win- first ever CIF Southeastern Conference Champion- (B) Certificates were presented to the following Coaches: Chuck Pettersen Randy Jensen Richard Imbriani Tim Matlock Tony Finazzo Bill Mierzwik Andy Anderson Joel Escobar Mario Presler Certificates were also presented to the following team members: David winslett Eric Myers Garret Skipper Marcus Franklin Tim Watt Robert Bees Cory Thurston Mike Beauregard Jeff Gomez Jamal Hewitt Charles Johnson Mike Blackburn Curtis Webb Jonathan Humeston Jeff Bees Stephen Imbriani Marc Racine Sam Stalheber Luke Parham Erick Washington David Eisenbeaz Mike Finazzo Tom DeBellis Cameron Gerber Ray Lennox Mancel Duhart Kurt Benion Ladale Jackson Dean Butler Cole Preston Amar Washington Jeff Bishop Ray Washington Richard Mayor Mandel Williams Darren Jenkins Michael Thomas Pat Arias John Chamberlain Jeff Cain David Becerra Gilbert Marquez Jim sischo Tony Sanchez Ron Braden Jason Weber Ron Collins Damon Stuart Jonathan Beauregard Jerry Lopez Mayor wilcox announced that Mike Beauregard, grandson of Council Member Pope-Ludlam, was named Player of the Year in the Southeastern Conference by the American Ath- letic Foundation of Los Angeles. PRESENTATION - NEAL ROBERTS - SUPERINTENDENT OF SCHOOLS - SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT On behalf of the Mayor and Common Council, Mayor wilcox presented a certificate to Neal Roberts, Superin- tendent of Schools, San Bernardino City Unified School District, in recognition of the superlative performance by the Cajon Cowboys on the gridiron for the 1987 football season. (B) Dr. Roberts stated that, on behalf of the School Board of Education, he would make this presentation to the Board and the District. RECESS MEETING At 9:310 a.m., the Regular Meeting of the Mayor and Common Council recessed to the ante-room of the Council Chambers for a reception to honor the staff and football team of Cajon High School. RECONVENE MEETING At 9:510 a.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 31010 North "0" Street, San Bernardino, California. 2 12/21/87 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, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Pope-Ludlam. COUNCIL MINUTES - DECEMBER 7, 1987 Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the minutes of the meeting of the Mayor and Common Council held on December 7, 1987, be continued to January 4, 1988. (1 ) PRIOR YEAR CONTINUING APPROPRIATIONS AND ENCUMBRANCES - 1987/88 BUDGET - APPROVAL In a memorandum dated December 7, 1987, Finance Di- rector Knudson presented lists of prior year carryover items made up of continuing appropriations and encum- brances. He explained what was listed and requested ac- tion by the Mayor and Council to formally incorporate these prior year items into the 1987-88 Budget. (2) Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that the list dated December 7, 1987, of continuing appropriations and encumbrances as submitted by the Finance Director, be approved for inclusion in the 1987/88 Budget. DEMOLITION AND CLEARANCE - SAN BERNARDINO AREA CHAMBER OF COMMERCE PARKING LOT - 546 WEST 6TH STREET - AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated December 10,1987, Kenneth J. Henderson, Director, Community Development Department, explained that the Community Development Citizen Advisory Committee approved a request for demolition and clearance grant assistance in an amount not to exceed $5,000. This request is to be supplemented by $30,000 Chamber members will contribute to construct a parking lot immediately west of the existing building. (3) Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that staff be authorized to advertise for bids for demolition and clearance of San Bernardino Area Chamber of Commerce park- ing lot located at 546 W. Sixth Street, San Bernardino, California. DEMOLITION OF RESIDENTIAL STRUCTURE - 1094 S. LINCOLN - AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated December 10, 1987, Kenneth Henderson, Director, Community Development Department, stated that the Community Development Citizen Advisory Committee approved a request for demolition grant assis- tance not to exceed $2,000 for a residential structure located at 1094 S. Lincoln Avenue. (4) Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that staff be authorized to advertise for bids for demolition of a residential structure located at 1094 S. Lincoln Avenue, San Bernardino, California. DEMOLITION - GOODWILL INDUSTRIES - 899 W. THIRD STREET - AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated December 10, 1987, Kenneth Henderson, Director, Community Development Department, stated that on March 21, 1987, the Mayor and Common Council approved a loan to Goodwill Industries, Inc., for demolition assistance in an amount not to exceed $23,000. 3 12/21/87 Goodwill is to repay the City upon sale of the property or make monthly payments two years after the structure is demolished, whichever is first. (5) Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, to author- ize staff to advertise for bids for demolition of Goodwill Industries, Inc., on property located at 899 West Third Street, San Bernardino, California. TRAFFIC SIGNALS ON BASELINE STREET, FROM "H" STREET TO SIERRA WAY - FINDINGS OF NEED FOR HEALTH AND SAFETY REASONS In a memorandum dated November 23, 1987, Roger Hard- grave, Director, Public Works/City Engineer, explained that the traffic interconnect feature of the Baseline Street Traffic Signal System is not in working order. Repairs cannot be made, since parts are not available due to the age of the system. Modification of these traffic signals will provide for less pollutants and fewer acci- dents. (6) Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that a finding be made that the modification of traffic signals on Baseline Street, from "H" Street to Sierra Way, is needed for health and safety reasons. VACATION OF PORTIONS OF OHIO AVENUE, OLIVE AVENUE AND PINE AVENUE - FINDINGS OF NEED FOR HEALTH AND SAFETY REASONS - PLAN APPROVAL AND AUTHORIZATION TO PROCEED In a memorandum dated November 3, 1987, Roger Hard- grave, Director of Public Works/City Engineer, explained that the proposed vacation of portions of the south side of Ohio Avenue, between Walnut Avenue and Pine Avenue, portion of the north side of Ohio Avenue between Olive Avenue and pine Avenue, portions of the east side of Olive Avenue between Ohio Avenue and the Rancho Muscupiabe Line and portions of the west side of pine Avenue between Bel- mont Avenue and the Rancho Muscupiabe line, was initiated by the City to conform with the Verdemont Area Plan. Re- duction in the street width will decrease traffic flow and reduce traffic hazards to the community. (7) Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that a finding of need for health and safety reasons, for the vacation of portions of Ohio Avenue, Olive Avenue and Pine Avenue be made; and that Plan No. 7376 for the vacation of portions of Ohio Avenue, Olive Avenue and pine Avenue be approved. HANDICAPPED RAMPS - VARIOUS LOCATIONS - APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated November 17, 1987, Roger Hard- grave, Director of Public Works/City Engineer, explained that plans for installation of handicapped ramps at vari- ous locations in the City have been prepared and the proj- ect is ready to be advertised for bids. The job consists of installing handicapped ramps at 25 locations, generally located in the Valley College Area. The total estimated project cost is $49,250.00. (8) Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that the plans for installation of handicapped ramps at various locations, in accordance with Plan No. 7306, be approved, and the Director of Public Works/City Engineer be author- ized to advertise for bids. 4 12/21/87 CITY HALL - REMOVAL OF STAIRS AND CLOSING OF OPENING ON THIRD FLOOR - APPROVAL AND ACCEPTANCE OF WORK - RANDY H. WYATT In a memorandum dated December 9, 1987, Roger Hard- grave, Director of Public Works/City Engineer, stated that all work under the contract with Randy H. Wyatt, to close the opening on the Third Floor of City Hall was satisfac- torily completed as of November 12, 1987. The final con- tract price was $34,589.86. (10) Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that the work performed by the contractor for the removal and fill- in of a stairway in City Hall, in accordance with Plan No. 7266, be approved and accepted; and that final payment be authorized at the expiration of the lien period. STREET NAME CHANGE - PORTION OF "F" STREET, TO SHANDIN HILLS CIRCLE - AUTHORIZATION TO PROCEED In a memorandum dated December 8, 1987, Roger Hard- grave, Director of Public Works/City Engineer, stated that that portion of "F" Street, south of Kendall Drive, was dedicated to the City on Tract No. 11326 and 11329. This has caused confusion because that portion of "F" Street, which is primarily an east/west street, does not align with the City portion of "F" Street, which is a north/ south street. (11) Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that the Real Property Section of the Public Works Department be authorized and directed to proceed with changing the name of "F" Street, south of Kendall Drive to Shandin Hills Circle. ASSESSMENT BONDS #5861 DEBT SERVICE ACCOUNT - ADVANCE OF FUNDS In a memorandum dated December 9, 1987, Craig Graves, City Treasurer, explained that payments on Assessment District 5861 have been paid in the past with funds from the reserve fund and excess construction funds. These funds have been exhausted. A bond payment is due in Janu- ary, 1988. In order to prevent the City from defaulting on this issue, $85,000 is needed to be advanced to the bond service fund. This money should be refunded to the City at either the sale of the property during the fore- closure sale or during the transactions with a developer chosen through an RFP. (12) Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that the Director of Finance be authorized to advance $85,000 to Debt Service Account of Assessment Bonds #5861, to be refunded to the City at the completion of the property transactions. DIRECTOR OF COMMUNITY DEVELOPMENT - OUT OF STATE TRAVEL - NATIONAL COMMUNITY DEVELOPMENT ASSOCIATION LEGISLATIVE COMMITTEE MEETING - WASHINGTON, D.C. - JANUARY 19 - 20, 1988 In a memorandum dated December 11, 1987, Kenneth Henderson, Director, Community Development Department, explained that annually, the Director of Community Devel- opment has attended this important conference which tradi- tionally focuses on the Federal Budget outlook for the coming fiscal year. The meeting will be held in Washing- ton, D.C., January 19-20, 1988. (13) 5 12/21/87 Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that the Mayor and Common Council authorize the Director of Commu- nity Development to attend the National Community Develop- ment Association (NCDA) Legislative Committee meeting in Washington, D.C., on January 19-20, 1988. CLAIMS AND PAYROLL Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that the claims and payrolls, and authorization of issuance of warrants as listed on the memorandum from the Director of Finance, be approved as follows: (14) 1. Approve the register of demand dated: November 25, 1987 87/88 #20 $1,500,451. 32 2. Approve the total gross payroll for the period November 9, 1987, through November 22, 1987, in the amount of $1,337,770.37. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. CHANGE ORDER NO. ONE - CONTRACT WITH RIVERSIDE CONSTRUCTION CO. - WIDENING 1-215 UTILITY UNDER- CROSSING - STATE COLLEGE PARK AREA In a memorandum dated December 10, 1987, Roger Hard- grave, Director of Public Works/City Engineer, explained the reason for Change Order No. One to the contract with Riverside Construction Co. for the widening of a utility crossing in the State College Park area. The final con- tract price is $200,324.50, which includes the increase authorized by Change Order No. One. All work under this project was satisfactorily completed as of December 1, 1987. (9) City Administrator Schweitzer answered questions regarding funding for this project. Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that Change Order No. One to the contract with Riverside Construction Co. for the widening of 1-215 utility crossing, per Plan No. 7225, be approved, authorizing the contractor to in- stall approximately 50 feet of 4" PVC drain line, at an increase in the contract price of $500.00, from $199,824.50 to $200,324.50; that the work performed by the contractor be approved and accepted; and that final pay- ment be authorized at the expiration of the lien period. PERSONNEL ACTIONS Council Member Flores made a motion, seconded by Council Member Reilly 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: (15) APPOINTMENT Public Works/Engineering Anwar Wagdy - Traffic Engineer - Effective December 28, 1987 6 12/21/87 TEMPORARY APPOINTMENT Police Department Sallie Diaz - Crossing Guard - Effective December 22, 1987 - June 21, 1988 PROVISIONAL APPOINTMENT City Administrator/Data Processing Carl E. Felker - Programmer I - Effective January 5, 1988 PROMOTIONS Fire Department Dispatcher II - Effective December 22, 1987 David Lewis Judy Raffle (Hines) Police Department Irma Martinez - Police Assistant - Effective December 22, 1987 Building and Safety Department Mark O. Young - Code Compliance Officer - Effective October 5, 1987 Finance Department Andrew M. Green - Assistant Finance Director _ Effective December 22, 1987 PROVISIONAL PROMOTION Parks, Recreation & Community Services Donna Hopkins - R.S.V.P. Coordinator - Effective December 10, 1987 HIGHER ACTING CLASSIFICATION Public Works/Engineering Verne J. Nadeau - Real Property Engineer - Effective November 23, 1987 - November 29, 1987 Fire Department Charlotte Reynolds - Fire Marshall - Effective September 17, 1987 - October 27, 1987 City Administrator Schweitzer answered questions regarding the minimum wage rate which will be increased next year, and stated he will review all the City jobs that will be affected by the new rate, including those lower categories of positions slightly above minimum wage, that could be impacted by the change. City Administrator Schweitzer agreed to have a report regarding the new minimum wage rate on the agenda for the first meeting in February, 1988. (February 1, 1988) APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' DECISION - DEMOLITION OF BUILDING - 1548 N. MT. VERNON AVENUE - H. PIERCE, SR. This is the time and place set to consider an appeal filed by Hersel Pierce, Sr., on the decision of the Board of Building Commissioners to demolish a building located at 1548 N. Mt. Vernon Avenue. (16) Mayor Wilcox opened the hearing. 7 12/21/87 l_ Jim Richardson, Acting Director, Building & Safety Department, presented the background of the appeal, stat- ing that the building in question is a vacant gas station which has been boarded up. The gas tanks have been re- moved. He suggested that, at a minimum, the appearance of the building be improved by adding brick veneer or stucco. Mr. Richardson answered questions, stating he could not give an opinion as to whether or not the building was structurally sound, but it appears that it may be. Mem- bers of his staff did not enter the building for an in- spection. The matter was brought to the Board of Building Commissioners because of the general condition of the property and the fact that it had been vacant for over 180 days. The Council discussed the appearance of the building, and it was pointed out that it is not an eye-sore, even though it is empty and boarded up. Mr. Hersel Pierce, Sr. explained the background of the building and the reasons for the decision for demoli- tion. He stated he hoped to obtain a loan and develop a mini-market at that location, and that he felt the build- ing was structurally sound, as it is an all metal building with a cement floor. City Attorney Penman stated that he felt the burden of proof that the building is structurally not sound lies with the City. He stated that the vacancy of the building and being an attractive nuisance are not sufficient grounds for demolition. Mr. Penman suggested that certain findings of fact should be presented, and recommended that this matter be referred back to the Board of Building Commissioners for such findings. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the hearing be closed. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, to rescind the action of the Board of Building Commissioners and discontinue abatement pro- ceedings. COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council Meeting. City Attorney Penman referred to San Bernardino Muni- cipal Code Section 15.28.060 and read from that section. City Clerk explained the background of items brought to Council through the Board of Building Commissioners and suggested that the presentation of Board of Building Com- missioners' resolutions at the time of the hearings would clarify the matters. She stated this would be done in the future. Council Member Flores made a substitute motion, seconded by Council Member Reilly and unanimously carried, that the appeal hearing regarding demolition of a building at 1548 N. Mt. Vernon be continued to 4:00 p.m., this afternoon. See page 28) APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' DECISION - DEMOLITION - 151 S. "I" STREET - PETER MIER This is the time and place set for an appeal filed by Peter Mier on the Board of Building Commissioners' deci- sion to demolish property located at 151 S. "I" Street. (17) 8 12/21/87 Mayor wilcox opened the hearing. Mr. Mier, owner of the property at 151 S. "I" Street, stated that the only problem with the property is broken windows and electrical equipment. He explained that he had received a letter from the Board of Building Commis- sioners stating he must either refurbish the house or demolish it. He stated he now has the money to refurbish the house and can have all the repairs completed in a week-and-a-half. Mr. Mier answered questions, stating that the house had previously been rented to a church group, who caused the damage, and in the future would be rented only as a residential unit. He stated he wished to obtain building permits and immediately begin repairs. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the appeal hearing regarding demolition of the property at 151 S. "I" Street be continued to March 7,1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, and that Mr. Peter Mier be allowed to complete the refurbishing of the residence. COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council Meeting and took her place at the Council Table. PATTON PARK - NORTH OF PACIFIC, EAST OF ARDEN _ REQUEST FOR COMPLETION OF DEVELOPMENT - PARKS RECREATION & COMMUNITY SERVICES COMMISSION _ CONTINUED FROM DECEMBER 7, 1987 This is the time and place continued to for consider- ation of a request by Rhoda Fox, Chairperson of the Parks, Recreation & Community Services Commission, for the Mayor and Common Council to provide support for immediate action to complete the development of the Patton Park property, north of Pacific, east of Arden, into a community park, in order to maintain vital open space. (18) Rhoda Fox, Chairperson of the Parks, Recreation & Community Services Commission, 4092 Ferndale, San Bernar- dino, CA, spoke on behalf of the Commission regarding the Patton Park property north of Pacific and east of Arden. The Commission expressed concern about the future develop- ment of this section of this property. The southern half of the property below Pacific is near completion and in- cludes the Speicher Memorial Park. The Commission urged the Council to allocate approxi- mately $600,000 for completion of the park, as it is the last major parcel of available open space in the City. Annie Ramos, Director, Parks, Recreation & Community Services, answered questions, stating that the City's ten year agreement with the State regarding the Patton Park property had been extended for two years and that exten- sion had expired in March, 1987. There has been no com- munication with the State since that time and it is possi- ble the State could retrieve the property. City Administrator Schweitzer answered questions, stating he did not know of a source to fund the park in the amount of $600,000. Annie Ramos, Director of Parks, Recreation & Communi- ty Services, explained that the cost of completion is high because there are several barns and dairy buildings that 9 12/21/87 would have to be demolished, in addition to the greening of the area with trees, bushes and grass. Ms. Ramos ex- plained the original Master Plan of the park, which amounted to almost $10,000,000 and included an equestrian center. She stated she could contact the State and ask for another extension to finish the project, as she felt very strongly about its completion. Mayor wilcox suggested that the City needs to deter- mine their status with the State in this matter, as the County has expressed interest in this site for a County Hospital. Ms. Ramos agreed to provide a report at the next Council meeting regarding the status with the State; the monies already invested; monies still available; what the additional $600,000 would be used for; if Federal funds might be available; future maintenance costs; and a com- plete map of the area. Ms. Ramos stated that there may be a Bond Act Initia- tive on the next ballot, and if successful, monies might be available for park acquisition and development. Rhoda Fox, Chairman of the Parks, Recreation & Com- munity Services Commission, asked for a commitment from the Council that this property would remain a park for- ever. Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the Council be committed to keeping Patton Park as a park forever. COUNCIL MEMBERS ESTRADA AND POPE-LUDLAM EXCUSED Council Members Estrada and Pope-Ludlam left the Council Meeting. RESOLUTION OF THE CITY OF IMPLEMENTING THE OBJECTIVES MEMORIAL PARK TASK FORCE. November 16, 1987) SAN BERNARDINO OF THE S PE ICHER (Continued from (19) Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be continued to January 19, 1988. COUNCIL MEMBERS ESTRADA AND POPE-LUDLAM RETURNED Council Members Estrada and Pope-Ludlam returned to the Council Meeting and took their places at the Council Table. READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of all the resolu- tions on the Regular and Supplemental Agendas. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of all the resolutions on the Regular and Supplemental Agendas be waived. 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. (Continued from December 7, 1987) (20) 10 12/21/87 City Attorney Penman explained that the agreement being considered today relates to Teddy Bear Tymes, Inc. and is separate from an earlier agreement with the YWCA. He stated that there is nothing to prevent the Council from acting on this agreement, although it would be better if the original lease with the YWCA had been clarified. Annie Ramos, Director of Parks, Recreation & Communi- ty Services, stated that even though some construction had been observed on the property, it has ceased and will not continue until this matter had been resolved. Cement had been poured for a fence because volunteer labor was avail- able to do the work. City Attorney Penman explained that a copy of the lease with the YWCA signed by former Mayor Holcomb had been located, but none had been found with a signature by the YWCA representative. He stated that unless a fully executed lease by both parties is located, there is no lease, and the City may have to negotiate a new lease. Linda Savage, representing the YWCA, stated they have not located a fully signed lease. She explained the back- ground of the negotiations with the Redevelopment Agency to purchase the property. The proposed sale was refused by the Agency. City Attorney Penman stated that an exhaustive search will be made to find the fully executed lease. If one is not found, a new lease will be drafted, with recommenda- tions from the Redevelopment Agency Committee. Glenda Saul, Executive Director of the Redevelopment Agency, explained the circumstances of the original lease with the Y\~CA. Pat Paulson-Kawasaki, president of Teddy Bear Tymes, expressed her concern that a delay in adopting the resolu- tion would be crucial, as their opening is scheduled for February 1, 1988, and there would be problems in process- ing their application with the State of California for licensing. Council Member Estrada made a motion, seconded by Council Member Flores, that the resolution be continued to January 4, 1988, with direction to the City Attorney, City Administrator, and the Redevelopment Agency to exert all efforts to locate a lease signed by both parties to the agreement. (The YWCA and the City) The Council Miller. None. motion carried by the following vote: Ayes: Members Estrada, Flores, Minor, Pope-Ludlam, Noes: Council Members Reilly, Maudsley. Absent: COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - REGULAR MEETING Chairman Wilcox called the Regular Meeting of the Community Development Commission/Redevelopment Agency to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. CLOSED SESSION - COMMUNITY DEVELOPMENT COMMISSION/ REDEVELOPMENT AGENCY At 12:12 p.m., the Community Development Commission/- Redevelopment Agency recessed to a Closed Session pursuant to Government Code Section 54956.9 to discuss exposure to litigation in the matter regarding Wests ide Community Development Corporation Bankruptcy. (R-ll) 11 12/21/87 Council Member Pope-Ludlam stated she would not par- ticipate in the Closed Session due to a potential conflict of interest. RECESS CLOSED SESSION - COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY At 12:32 p.m., the Community Development Commission/- Redevelopment Agency Closed Session recessed to the Regu- lar Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "0" Street, San Bernar- dino, California. RECONVENE MEETING At 12: 32 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Council Members Estrada, Pope-Ludlam. RECESS MEETING At 12:32 p.m., Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the Regular Meeting of the Mayor and Common Council recess to the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "0" Street, San Bernardino, California, for a workshop relative to large cities insur- ance pool. (45) WORKSHOP - LARGE CITIES INSURANCE POOL At 12: 55 p.m., the Workshop concerning large cities insurance pool was called to order by Mayor wilcox in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "0" Street, San Bernardino, California (45) ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Estrada. In a memorandum dated December 14, 1987, James E. Robbins, Deputy City Administrator, presented a comprehen- sive Executive Summary regarding the formation of a fully funded self-insured risk sharing Liability Insurance Pool. The conclusion of the report was given as follows: "This is a very viable, long term solution to the City's liability insurance problems. As a member of the Underwriting Committee, I have been personally involved with the business terms of the program. Although all terms of coverage, pooling, and member- ship were negotiated and voted democrati- cally among the c omm i t tee members, I find none of the terms being totally objection- able to our City. I believe it to be a good program for the reasons outlined in this report. To date, 15 cities have applied, and it is antici- pated the pool will become operative with at least 10 participating cities. 12 12/21/87 Cities favorable to this plan are being asked in January to pass resolutions of conceptual approval of plan including cov- erage agreement and intent to participate in insurance of Bonds. This matter is being brought before Ways and Means and Legislative Review. From a financial standpoint, it is important for Ways and Means and as a policy for the City in joining other cities, it is important to Legislative review." Jim RObbins, Deputy City Administrator, presented the report on the liability insurance pool for $25,000,000 in liability coverage. At least twelve cities will join together and create a funded pool through the issuance of bonds. Each city in the pool will be able to amortize major losses over time and the creation of the pool will enable the purchase of reinsurance. This insurance pro- gram would not cover losses due to inverse condemnation. Mark Northcross,Independent Cities Risk Management Authority, (ICRMA) Financial Advisor, explained how the pool wi 11 work. Gary Martin of ICRMA explained capitalized liability pooling program design and explained why San Bernardino cannot buy re-insurance on its own. The City of San Bernardino will pay an annual charge of $15,000 for administration of the pool. The City's total participation for the first year will be $392,908. Mike Bailey, Bond counsel with the firm of Drexel, Burnham and Lambert, was also present to answer questions regarding the bond issue that would fund the pool. Gary Martin and Mark Northcross answered questions of the Council. Mark Northcross explained how the City of San Bernar- dino's contribution to the fund was calculated based upon an actuarial study. Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the City Attorney be directed to prepare a resolution indicat- ing interest in the large cities insurance pool. RECESS WORKSHOP At 1:50 p.m., Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the Workshop recess to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECONVENE MEETING At 2:05 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wi lcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Council Members Pope-Ludlam, Miller. 13 12/21/87 RES. 87-428 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A MEMORANDUM OF UNDER- STANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, COUNCIL 36, LOCAL 122, AFL-CIO (GENERAL PERMANENT EM- PLOYEES), COMMENCING ON THE 21ST DAY OF DECEMBER, 1987, AND ENDING THE LAST DAY OF JUNE, 1988. (32) Council Member Minor made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 87-428 was vote: Ayes: Council Members Maudsley, Minor. Noes: None. Pope-Ludlam, Miller. adopted by the following Estrada, Reilly, Flores, Absent: Council Members The resolution was signed by City officials and Brian Hagman, Adam Webb, Thomas O'Dell and Charlie Temple, rep- resenting the General Employees. RES. 87-429 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION . . . ESTAB- LISHING A BASIC COMPENSATION PLAN. . ."; IMPLEMENTING THE GENERAL UNIT SALARY STUDY RECOMMENDATIONS AND A 4% SALARY ADJUSTMENT EFFECTIVE JANUARY 4, 1988. (33) Council Member Minor made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 87-429 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor. Noes: None. Absent: Pope-Ludlam, Miller. by the following Reilly, Flores, Council Members STREET VACATION - PUBLIC WORKS PROJECT 87-26 _ PORTION OF "I" STREET, SOUTH OF HIGHLAND AVENUE _ NEGATIVE DECLARATION AND FINDING OF GENERAL PLAN CONSISTENCY In a memorandum dated December 10, 1987, Ann Sira- cusa, Planning Director, gave the background of the pro- posed vacation of a portion of "I" Street south of High- land Avenue. The proposed street vacation will not restrict access nor land lock any surrounding parcels. In addition, traffic circulation and patterns will not be affected. (57) Council Member Minor made a motion, seconded by Council Member Estrada and unanimously carried, to adopt the Negative Declaration for Public Works Project 87-26, vacation of a portion of "I" Street south of Highland Avenue; and to adopt a Finding of Consistency with the General Plan. PUBLIC WORKS PROJECT NO. 87-22 - CONSTRUCTION OF GEOTHERMAL PRODUCTION WELL - APPROXIMATELY 296 FEET WEST OF ARROWHEAD AND CENTRAL AVENUES _ NEGATIVE DECLARATION In a memorandum dated December 10, 1987, Ann Sira- cusa, Planning Director, presented the background for the proposed Public Works Project No. 87-22, to construct a geothermal production well, located in a large, unpaved 14 12/21/87 parking area to the east of the Orange Show mately 296 feet west of the intersection of lines of Arrowhead Avenue and Central Avenue. and approxi- the center- (58) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the Negative Declaration for Public Works Project No. 87-22 be adopted. COUNCIL MEMBERS POPE-LUDLAM AND MILLER RETURN Council Members Pope-Ludlam and Miller returned to the Council Meeting and took their places at the Council Table. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN ESCROW SERVICES AGREEMENT FOR THE RENTAL REHABILITATION PROGRAM BETWEEN THE CITY OF SAN BERNARDINO AND COMMUNITY DEVELOPMENT FINANCIAL CORPORATION. (Continued from December 7, 1987) (22) Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that said resolution be continued to January 4, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING CITY PERSONNEL ACCESS TO CRIMI- NAL INFORMATION HISTORY NEEDED TO EVALUATE PROSPECTIVE EMPLOYEES' ELIGIBILITY FOR EMPLOYMENT. (Continued from December 7, 1987) (23) Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that said resolution be continued to January 4, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH INTERNATIONAL TECHNOLOGY CORPORATION TO PROVIDE A SOLID WASTE ASSESSMENT TEST (SWAT), AND REPEALING RESOLUTION NO. 87-410. (26) Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that said resolution be continued to January 4, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. RES. 87-430 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LEVIN AND RAYNES RELATING TO THE LEASE OF PARKING SPACES IN DOWNTOWN PARKING DISTRICT LOT #3. (24) City Attorney Penman explained that he preferred short term parking leases rather than 20 year leases, even though there might be a 30-day cancellation clause. Laws and circumstances may change, and its much easier to have the lease limited in the beginning, rather than having to go through litigation using the 30-day cancellation 15 12/21/87 clause. Mr. Penman also pointed out that it is difficult to keep track of all the requirements of a lease over a long term. Mayor wilcox explained that the Central City Parking Place Commission had recommended this 20 year lease. City Clerk Clark answered questions regarding lia- bility insurance, stating that a member of her staff goes through any lease or agreement approved by Council, to be sure that anything required in said document, such as proof of liability insurance, is included. Wayne Overstreet, Superintendent, Public Buildings/ Parking Control, stated that each time leases are billed, insurance verification is obtained and forwarded to Risk Management. Mr. Overstreet answered questions regarding five-year lease cycles that are, in his opinion, preferable to three or four years. City Attorney Penman stated that a method of periodi- cally reviewing all leases and contracts needs to be es- tablished, in view of changing laws and other circum- stances. Council Member Estrada made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 87-430 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Minor, Miller. Noes: Council Members Flores, Maudsley. Absent: Council Member Pope-Ludlam. LONG TERM PARKING LEASES - POLICY - CENTRAL CITY PARKING PLACE COMMISSION Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, to direct the Central City Parking Place Commission to look at the issue of long term parking leases. RES. 87-431 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PAR- CELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF A PUBLIC NUISANCE. (158 E. 10TH STREET; 1086 W. 15TH STREET; 1985 W. BASELINE) (25) Council Member Estrada made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 87-431 was vote: Ayes: Council Members Maudsley, Minor, Miller. Noes: Member Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, None. Absent: Council RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING CERTAIN PROPOSALS AND AGREEMENTS (BOND COUNSEL AND INVESTMENT BANKER). (AS- SESSMENT ENGINEERING SERVICES FOR ASSESS- MENT DISTRICT 983, CENTRAL CITY SOUTH AREA) (BROWN & DIVEN, BOND COUNSEL; AND MILLER & SCHROEDER FINANCIAL, INC., INVESTMENT BANK- ER) (Continued from December 7, 1987) (21) COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. 16 12/21/87 Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions, stating that the selection of Counsel is based primarily on past association, and there is no requirement that it go out to bid. He explained that the rate is based on a percentage of the amount of the bond issuance and Bond Counsel receives compensation out of the proceeds. The developer in this case is the Redevelopment Agency, who concurred in the selection of the Bond Counsel and Investment Broker. Council Member Reilly made a motion, seconded by Council Member Estrada, that said resolution be adopted. The motion failed by the following vote: Council Members Estrada, Reilly, Pope-Ludlam. Council Members Flores, Maudsley, Minor, Miller. None. Ayes: Noes: Absent: Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions, stating that a neighborhood meeting is scheduled for January 6, 1988, and possibly a public hearing before the Mayor and Common Council later in January. He explained that a bid for consulting ser- vices is not requested, just a proposal, then the best qualified is selected, not necessarily the lowest price. The goal is a successful assessment district project. The Council discussed the concept of advertising for Bond Counsel. Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that the Director of Public Works/City Engineer be directed to develop an RFP regarding financial services for Assessment District 983, in the Central City South Area, and report back on January 19, 1988. Council Member Maudsley made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that said resolution be continued to January 19, 1988. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH PACIFICORP CAPITAL, INC., RELATING TO EQUIPMENT. (City Hall furniture) (S-9 ) City Attorney Penman explained the history of the proposed resolution, and referred to a staff report dated December 17, 1987, in which problems regarding the provi- sions of the agreement are outlined. He stated that there are dangerous clauses for the City, in that if the City fails to make payments on time for any reasons, such as withholding payment because of dissatisfaction with the furniture, it could be repossessed. Mr. Penman explained that this is a financing agreement, and there is a separ- ate agreement with the vendor for the furniture. The financing would be made available through a municipal bond issue. He stated his office had prepared an alternate agreement. Finance Director Knudson, answered questions, stating that the amendments that have been proposed by the City Attorney's Office, were not satisfactory to Pacificorp, as they would not allow them to avail themselves of the tax free portions of the lease purchasing arrangements. City Administrator Schweitzer answered questions, stating he had been under the impression that the City was proceeding with the option that the money be borrowed from the Redevelopment Agency, and he had just found out that this matter had been given to the Purchasing Agent. 17 12/21/87 Dean Robb, representing Pacificorp, answered ques- tions, stating that the proposed agreement is a standard lease purchase contract, and named several cities with which they had similar contracts. He spoke of a Certifi- cate of Acceptance, which the City would receive and sign, indicating that the furniture has been delivered, inspect- ed and fully accepted. No payments are collected until this Certificate has been signed. City Administrator Schweitzer answered questions, listing several sources from which money could be borrowed to finance the purchase of the furniture, such as a City intrafund loan, or a bank loan. Finance Director Knudson, stated that the furniture will be delivered in phases, with the final delivery in mid February, 1988, and final acceptance would probably be 30 days after that date. Payment would be made in Feb- ruary or March, 1988. City Attorney Penman commended Deputy City Attorney Lek Von Kaesborg, who reviewed the proposed contract and pointed out the problems. Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be continued to January 4, 1988, with a request that the Finance Director, City Administrator and City Treasurer report back with alternate financing mechanisms. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION ESTABLISHING A BASIC COMPENSATION PLAN ."; BY ADDING THE POSITION OF CITY ATTORNEY INVESTIGATOR, R3134, ($2554-3110/MO.) (28) Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be held over until after discussion regarding the Risk Management Division. (See page 23) COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. RES. 87-432 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PREPARATION AND EXECUTION OF AN APPLICATION, AGREEMENT AND LIABILITY RELEASE FOR SAN BERNARDINO COUNTY COMMUNITY SERVICES FOOD DISTRIBUTION PRO- GRAM. (27) Council Member Reilly made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 87-432 was vote: Ayes: Council Members Maudsley, Minor, Miller. Noes: Member Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, None. Absent: Council RES. 87-433 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION. . ESTAB- LISHING A BASIC COMPENSATION PLAN. "; BY IMPLEMENTING THE POSITION OF PROGRAMMER I (R3l27) $2342-2853/MO. (29) Council Member Reilly made a motion, seconded by Council Member Maudsley, that said resolution be adopted. 18 12/21/87 Resolution No. 87-433 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council RES. 87-434 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 6413 EN- TITLED IN PART "RESOLUTION. . . ESTABLISH- ING A BASIC COMPENSATION PLAN. ." BY PROVIDING A PAY INCREASE FOR THE PART-TIME CLASSES OF SECURITY OFFICERS AND CUSTODIAL AIDES EFFECTIVE JANUARY 4, 1988; AND CHANG- ING THE TITLE OF SENIOR SECURITY OFFICER (PART-TIME) TO ASSISTANT SECURITY SUPERVI- SOR (PART-TIME); AND ADDING THE CLASS OF CUSTODIAL AIDE (PART-TIME) AND DELETING THE CLASSES OF CUSTODIAL AIDE I, II AND III (PART-TIME). (30) Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 87-434 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. RES. 87-435 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 10584 ENTITLED IN PART "A RESOLUTION. . ES- TABLISHING. . EMPLOYER-EMPLOYEE RELA- TIONS. ."; BY ADDING THE POSITIONS OF PROGRAMMER I AND SENIOR ACCOUNTANT AND DELETING THE POSITION OF ACCOUNTAN'r II. (31) Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 87-435 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO LINOTYPE FOR THE FURNISH- ING AND DELIVERY OF TYPESETTING EQUIPMENT TO BE UTILI ZED BY THE CENTRAL SERVICES DEPARTMENT IN ACCORDANCE WITH BID SPECIFI- CATION F-88-04. (34) The Mayor and Council discussed the proposed resolu- tion and expressed concern over the fact that the bid from Linotype was not included, although it was recommended that their bid be accepted. City Clerk Clark explained procedures in establishing specifications and accepting bids. Finance Director Knudson explained why Linotype's bid was selected, in that they met the specifications and that Varityper did not. 19 12/21/87 Council Member Minor made a motion, seconded by Council Member Flores and unanimously carr ied, that said resolution be continued to January 4,1988, with the Director of Finance to report back on how the specifica- tions for the typesetting equipment were established. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. RES. 87-436 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HAROLD A. PARKEY RELATING TO CONSULTING SERVICES. (35) Council Member Maudsley made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 87-436 was vote: Ayes: Counci 1 Members Maudsley, Minor, Miller. Noes: Member Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, None. Absent: Council RES. 87-437 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 655 ENTITLED IN PART, "A RESOLUTION. . . DES- IGNATING CERTAIN STREETS OR PORTIONS THERE- OF AS THROUGH HIGHWAYS . . ."; AND PROVID- ING THAT PINE AVENUE IS A THROUGH HIGHWAY ONLY BETWEEN KENDALL DRIVE AND PENNSYLVANIA AVENUE. (36) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 87-437 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council RES. 87-438 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED IN PART "A RESOLUTION PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF ."; TO REMOVE A NO PARKING ANY TIME ZONE ON A PORTION OF SOUTH "E" STREET, BETWEEN CENTURY AVENUE AND A POINT 300 FEET THEREOF, APPLICABLE TO THE EAST SIDE ONLY. (37) Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 87-438 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council RES. 87-439 - ,\ RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY RE- QUIRE THE PROPOSED MAINTENANCE OF IMPROVE- MENTS IN THE AREA OF GIFFORD AND CENTRAL AVENUES, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE KNOWN AS ASSESSMENT DISTRICT NO. 984, ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY. (38) 20 12/21/87 Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 87-439 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council RES. 87-440 - A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF THAT CERTAIN EAST/- WEST ALLEY WEST OF "H" STREET, SOUTH OF ESPERANZA STREET AND RESERVING PUBLIC UTIL- ITY EASEMENT AND AN EASEMENT FOR SANITARY SEWER AND APPURTENANT FACILITIES THEREON; ALSO RESERVING AN EASEMENT FOR ACCESS TO THE CALIFORNIA DEPARTMENT OF TRANSPORTA- TION. (39) Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 87-440 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, that the City Engineer and City Clerk be authorized to proceed with the vacation of that certain east/west alley west of "H" Street and south of Esperanza Street. (39) RES. 87-441 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF ASSESSMENT DISTRICT NO. 959 BY EXPANDING THE SCOPE THEREOF TO IN- CLUDE THE MAINTENANCE OF LANDSCAPING OF ADDITIONAL TERRITORY IN THE DISTRICT; DE- CLARING ITS INTENTION TO PROCEED TO ORDER THE AMENDMENT AND EXPANSION OF SCOPE OF THE DISTRICT; AND WAIVING NOTICE AND HEARING. (SHANDIN HILLS AREA LANDSCAPING MAINTENANCE DISTRICT) (40) Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 87-441 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council RES. 87-442 - A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO LEASE AGREEMENT WITH THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO RELATING TO THE LEASE OF SPACE IN CITY HALL. (41) Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. 21 12/21/87 Resolution No. 87-442 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council RES. 87-443 - A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE WITH COMMUNITY DEVELOPMENT DIVISION OF THE CITY OF SAN BERNARDINO RELATING TO THE LEASE OF SPACE IN CITY HALL. (42) Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 87-443 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council DISPOSITION OF CASES FILED AGAINST CITY - REPORT _ CONTINUED FROM NOVEMBER 16, 1987 This is the time and place continued to on the disposition of cases filed against the Bernardino. for a report City of San (43) In a memorandum dated December 15, 1987, James E. Robbins, Deputy City Administrator, stated that informa- tion regarding the disposition of cases filed against the City has been received and is being analyzed. He stated that it is anticipated that the report will be complete and ready for the meeting of January 4, 1988. Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the report regarding the disposition of cases filed against the City be continued to January 4, 1988. TRAFFIC FEES FOR DEVELOPMENT ALONG "E" STREET _ REPORT - CONTINUED FROM DECEMBER 7, 1987 This is the time and place continued to for a report prepared by Assistant City Engineer Klatt, dated December 1, 1987, regarding the collection of traffic fees for development along "E" Street. Mr. Klatt explained the background of the report, and presented a chart showing the development, previous and proposed uses, traffic, impacts and mitigation of the area. He stated that staff is working on a Traffic Impact Fee to be assessed in all cases. This issue will be presented to the Mayor and Common Council at a later date. (44) Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that the report outlining the practice of collecting fees for traf- fic improvements and traffic signalization at Mill Street/HE" Street/Inland Center Drive, prepared by the Assistant City Engineer, be received and filed. RISK MANAGEMENT DIVISION - REPORT FROM CITY ADMINISTRATOR - POSSIBLE ALTERNATIVES TO FUNCTIONS This is the time and place set for a report from the City Administrator regarding possible alternatives to the functions of the Risk Management Division. (46) A Memorandum of Understanding, setting forth the functional and accountable relationships of the Risk Man- agement Director, City Attorney, and City Administrator, was presented. 22 12/21/87 City Attorney Penman read a change to be made ln the proposed Memorandum of Understanding as follows: On Page 1, Paragraph Four, change the first sentence to read: "The City Attorney shall have the authority to inspect and approve all claims settlements of the Risk Management Division and shall supervise all litigation related matters in the Risk Management Division." City Attorney Penman answered questions regarding the procedure for filing claims against the City, stating that most claims will not become lawsuits. He stated there are now 375 active cases. Mr. Penman explained that he had asked Council Mem- bers Flores, Minor and Pope-Ludlam to serve on a committee to work with the City Attorney's Office as a support ser- vice for reviewing Risk Management matters. He also stated he will ask someone from Risk Management, Mayor's Office and City Administrator's Office. The committee would meet with the City Attorney before coming to the full Council with a recommendation as to a settlement. Mr. Penman stated only those persons who would qualify to attend Closed Sessions, thus maintaining confidentiality, would be asked to serve on the Committee. He felt this committee could help cut down on the time spent in Closed Session and facilitate reaching settlements. The Mayor and Council discussed the suggested commit- tee, and whether or not other departments could also re- quest such support committees. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, to approve the Memorandum of Understanding, as amended by the City Attorney. RES. 87-444 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENT ITLED IN PART "A RESOLUT ION . . . ESTAB- LISHING A BASIC COMPENSATION PLAN. "; BY ADDING THE POSITION OF CITY ATTORNEY INVESTIGATOR, R3134 ($2554-3ll0/MO.). (Con- tinued from earlier in the meeting. See Page 18) (28) This is the time and place continued to for consider- ation of the resolution regarding the position of City Attorney Investigator. Council Member Estrada made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 87-444 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council DR. MARTIN LUTHER KING, JR. HOLIDAY - OBSERVANCE BY CITY - JANUARY 18, 1988 The Mayor and Common Council discussed the observance of Dr. Martin Luther King, Jr.'s birthday. It was pointed out that the National observance will be held on January 18, 1988, rather than the actual birthday of January 15, 1988. (47) 23 12/21/87 Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the observance of Dr. Martin Luther King, Jr.'s birthday be held on Monday, January 18, 1988, and that the Council Meeting scheduled for that day be held on Tuesday, January 19, 1988. LEGISLATIVE REVIEW COMMITTEE REPORT - DECEMBER 10, 1987 Council Member Reilly, Chairman of the Legislative Review Committee, presented the report of the Legislative Review Committee meeting held on December 10, 1987. The following items were discussed: (48) 1. Vending Ordinance The Committee agreed~hat-the-rssue-be brought to the full Council without a recommendation for discussion. The City Attorney will provide the pros and cons of adopting any new rules. Two Committee members agreed that if approval was given to amend the City Ordinance, a Conditional Use Permit be required. 2 . ~l:..!Y.~~ em(~!i!iQ.!:l._!:.2.li.<::Y - T his item was referred to the City Attorney for addi- tional review. After it returns to Commit- tee, they will review and forward to the Board of Building Commissioners for their review. Community Development is in the process of revising their demolition policy and will coordinate with Building and Safety for uniformity. 3. ~~!b.Q9-of_~ollectiQ.!:l._~.!:l.9-~~al i ty of ~ddi..!:l.~_!:en~l!y-Charge when Abatement Cost is Placed on Tax Roles - The Committee, aIter-:reVlewlng-Staff~nput, recommended procedure remain as is. Cost of abatement will be reviewed at the mid-year budget seSSIon. 4. ~en~~L~ehi~!~~sa~~-B.epQ!'! - Item continued. The City Administrator will provide a draft Department Directive letter at the next meeting for the Committee's review and recommendation. 5. Revision to Resolution 87-189 -Adopting ~tandard--B.~uirement No. 11 for Under- ~Q~.!:l.di.!:l.~~~ti!i!i~~ - Item continued without discussion. 6. ~mokin~LOrdinance - Item continued for review by the City Attorney. The Chamber of Commerce is hosting a meeting on Decem- ber 16,1987, at 4:00 p.m., to review the ordinance. The City Attorney and at least one Committee member will attend. Recom- mendations will be brought back to the Committee. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the Minutes of the Legislative Review Committee meeting held December 10, 1987, be received and filed. 24 12/21/87 PERSONNEL COMMITTEE MEETING REPORT - DECEMBER 10, 1987 Council Member Reilly, Chairman of the Council Per- sonnel Committee, gave the report of the meeting of the Council Personnel Committee held on December 10, 1987. The following items were discussed: (49) 1. Insurance for Surviving Spouses of Retirees - The Committee recommended accep- tance of the Bereaved Spouse POlicy. A copy of Insurance Commi ttee signatures voting to allow bereaved spouses of retired employees to remain on the City self-funded plan was attached. 2. Recognition of Employees - Item con- tin u ed:- T heCommITteerequest ed s t a f f to coordinate the proposed recommendation and also obtain the Mayor's input. The item will be brought back to the Committee's next meeting. 3. Additional Personnel for Planning De- partment - The Committee recommended ap- provar-- of the proposal presented (Attached). The City Administrator assured the Committee that present fees will pay for salaries through June and an increase in fees, plus new fees in the near future, will allow these positions to sustain them- selves financially. 4. Part-Time Position - Upgrade/Change of Title - Field Representative Aide to Co- Ordlnator-orVofUi1te-ers--::-park8;Re"CreatlOrl & Community Services - The Committee recom- mended approval of the request for upgrade and title change to Coordinator of Volun- teers in the Community Services Division of Parks, Recreation and Community Services Department. Funding for the upgrade from $4.50 to $6.00 per hour will be worked into the budget. This is under a federally funded program with a City match. 5. Qis2US~io~~~l!Y_!rai~i~~programs -The Committee discussed the City's train- ing programs and was satisfied that City employees are receiving excellent training at bargain prices. (A report Jan 86 - Oct 87 was attached) Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the Minutes of the Council Personnel Committee meeting held December 10, 1987, be received and filed. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. MOBILEHOME PARK SURVEY - STATUS REPORT In a memorandum dated December 11, 1987, Kenneth J. Henderson, Director, Community Development Department, presented a comprehensive report on the status of the mobilehome park survey. (52) Kenneth J. Henderson, Director, Community Development Department, explained the written report in detail. He emphasized that the 95% confidence level was not achieved 25 12/21/87 on a park-by-park basis, although the integrity and valid- ity of the overall data remained unaffected. Mr. Henderson answered questions regarding the sur- vey. Mr. Henderson requested that the Mayor and Common Council hear the report from the Consultant on a day other than a regular Council Meeting, sometime after January 19, 1988, perhaps January 25, 1988. At that time, it could be continued to February 1, 1988, if necessary. The 90 day moratorium will expire on February 4, 1988. Sally Wilder, Chairman of the Mobilehome Organized Residents Enterprise, emphasized that the objective of the MORE Group is fair rents in San Bernardino. She expressed a desire to meet with each Council Member on a one-to-one basis in order to explain to them all that is involved in working for fair rents. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the Mayor and Common Council receive and file the status re- port regarding mobilehome park survey. RES. 87-445 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A LOAN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND VETERANS ALCO- HOLIC REHABILITATION PROGRAM, INC. FOR THE PURPOSE OF PURCHASING PROPERTY LOCATED AT 1100 NORTH "D" STREET, SAN BERNARDINO, CALIFORNIA. (S-5) In a memorandum dated December 17, 1987, Ken Hender- son, Director, Community Development Department, presented a staff report regarding the proposed Loan Agreement with Veterans Alcoholic Rehabilitation Program, Inc. (VARP, Inc.) Ken Henderson, Director, Community Development De- partment, answered questions regarding the loan agreement with the Veterans Alcoholic Rehabilitation Program, Inc., and explained the financing provisions. He stated that VARP cannot receive the loan proceeds until the Certifi- cate of Occupancy has been issued. Mr. Henderson ex- plained that the Certificate of Occupancy will be issued after the fire sprinkler system is installed and all con- ditions met. It was pointed out that the Ways and Means Committee had recommended waiver of the Certificate of Occupancy. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 87-445 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. (See Item No. one in Ways and Means Commit- tee Report - next Item.) WAYS AND MEANS COMMITTEE REPORT - DECEMBER 14, 1987 Council Member Estrada, Chairperson of the Ways and Means Committee, presented the report of the Ways and Means Committee meeting held on December 14, 1987. The following items were discussed: (50) 26 12/21/87 1. Veterans Alcoholic Rehabilitation Pro- gram - The Committee recommended waiver of a-certificate of occupancy for VARP after receiving oral reports from Mr. Ken Hender- son and Mr. David McKenna. Item is to be placed on December 21st Agenda. (See pre- v ious i tern) 2. Revised RFP for Operation of Animal Contror-Department---J:tem--Continued to allowtbe-City-Attorney to review the re- quest for proposal. A special meeting of the Committee will be called as soon as the City Attorney completes his review. The urgency is required to issue the RFP on a proper schedule. 3. CATV Report - The Commi ttee, after consulting-with the City Attorney, deter- mined to hear this item in open session. The Report (which was attached) was re- ceived and discussed. The Committee asked staff to investigate the cost of auditing all cable TV operators in the Ci ty and attempt to identify a funding source. The intent is to determine if upgrades as re- quired in the agreement with COMCAST are "financially feasible" and basically review whether the City is getting its fair share from COMCAST and the other operators. Staff will present their report at the Commit- tee's next meeting. City Administrator Schweitzer answered questions, stating that COMCAST will be increasing their rates by $2.00 per month, effective January 1, 1988, without pro- viding additional service. Dean Gray, Cabletelevision Coordinator, answered questions and explained the report. It was his opinion that an audit of COMCAST should be made. He stated he had made contact with two auditing firms that specialize in auditing Cable Television Companies. Mr. Gray stated that the television system is anti- quated and still using 1960's technology. 4. Itemized, Comprehensive Report Relative to Spirit Baseball Comparing Costs Prior to ~pirit and Costs now Including: Cost of ~!ill!iesL~we~Ei~g:L-R~i~e, Ins~~~nce, Etc. - Item continued. The Committee re- quested staff to provide a comprehensive, comparison report showing pre-Spirit ex- penses and post-Spirit expenses. A report, in writing, answering all the concerns and questions provided by neighborhood resi- dents was also requested from Mr. John Kramer. Mr. DeLange was notified, based on the City Attorney's advice, that the Com- mittee could not discuss anything with him based on a letter (attached) from his at- torney. Staff will notify the Council Of- fice as soon as the reports are complete. This issue could be discussed at the special meeting when staff is ready. 27 12/21/87 5. ~EE~~~~~~~~eement with Steinman, ~rayso~..2.~lie, Inc. Preparation of Space and Site Study for New Police Station - Item continued. The Committee received the report (attached) from the City Treas- urer. Since all departments - RDA and Com- munity Development - had not provided any financing alternatives, the Committee felt that not all the options had been explored. The Finance Director was requested to pro- vide a report on budget savings that could be anticipated by mid-year. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the Report of the Ways and Means Committee dated December 14, 1987, be received and filed. APPEAL HEARING - DECISION OF BOARD OF BUILDING COMMISSIONERS - DEMOLITION OF PROPERTY - 1548 N. MT VERNON AVENUE - H. PIERCE, SR. - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for consider- ation of an appeal filed by H. Pierce, Sr., on the Board of Building Commissioners' decision to demolish property located at 1548 N. Mt. Vernon Avenue. (See page 8) (16) The Mayor and Council reviewed documents from the Board of Building Commissioners and discussed previous action regarding the property located at 1548 N. Mt. Ver- non Avenue. City Attorney Penman stated he didn't feel it is lawful to require that a building be demolished because it is vacant and abandoned. Jim Richardson, Acting Director, Building and Safety, answered questions, recommending that the building in question be stuccoed to improve the outside appearance. Mr. pierce agreed to paint the wood on the building and keep the premises clean. Council Member Maudsley made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the appeal of Mr. Pierce be upheld and the decision of the Board of Building Commissioners be reversed. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. MISSION CREEK BOX CULVERT IMPROVEMENTS _ ORDERS 1 AND 2 - CONTRACT - BONADIMAN-MC INC. - CONTINUED FROM DECEMBER 7, 1987 This is the time and place continued to sian on proposed Change Orders One and Two to with Bonadiman-McCain, Inc., for improvements sian Creek Box Culvert at Tippecanoe Avenue. CHANGE CAIN, - for discus- the contract on the Mis- (53 ) In a memorandum dated December 17, 1987, Jon Roberts, Field Engineer, Public Works/City Engineer Department, provided a description of the extra work activities in- volved with the proposed Change Orders No. One and Two on the project to widen Tippecanoe Avenue at Mission Creek. Roger Hardgrave, Director of Public neer, answered questions, stating that completed under bid, and the County Flood will pay one-half of the costs. WorkS/City Engi- the project was Control District 28 12/21/87 Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, to ap- prove Change Orders No. One and Two 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, for a net increase in contract price of $4,763.81, from $231,880.00 to $236,643.81; and that the work be approved and accepted, and that final payment be authorized at the expiration of the lien period. DEDICATION OF ELKS LANE, SOUTH OF HIGHLAND AVENUE _ GREAT AMERICAN SECURITIES, INC. In a memorandum dated December 1, 1987, Roger Hard- grave, Director of Public Works/City Engineer, explained that a request to dedicate Elks Lane, south of Highland Avenue had been received from Great American Securities, Inc., owners of the property. Elks Lane is a private easement. He stated that the area is not up to City stan- dards and recommended that the easement remain as such and not be brought into the City's street system. (54) Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that the matter of the dedication of Elks Lane, south of Highland Avenue be continued to January 19, 1988. BOARD OF BUILDING COMMISSIONERS' RESOLUTIONS Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the following Board of Building Commissioners' resolutions be filed: (56) BBC 1186 BBC 1187 BBC 1188 341 S. Mayfield 151 S. "I" Street 823 E. Norman Rd. W. H. Weddell Peter & Edwina Mier Eugene & Emma Samuel RES. 87-446 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE BLACK CULTURE FOUNDATION FOR THE PROMOTION OF ARTS AND CULTURE. (S-l) Council Member Miller made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 87-446 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the following grant allocations, as recommended by the Fine Arts Commission, with accompanying resolutions be ap- proved: Black Culture Foundation Junior University Sturges Center Theatre Company $ 450.00 1,800.00 10,000.00 RES. 87-447 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE JUNIOR UNIVERSITY FOR THE PROMOTION OF ARTS AND CULTURE. (S-2 ) Council Member Miller made a motion, seconded by Council Member Reilly, that said resolution be adopted. 29 12/21/87 Resolution No. 87-447 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council RES. 87-448 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STURGES CENTER THEATRE COMPANY FOR THE PROMOTION OF ARTS AND CUL- TURE. (S-3 ) Council Member Miller made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 87-448 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. RES. 87-449 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO HAAKER EQUIPMENT COMPANY FOR INSTALLATION OF A 66,000 POUND OMER 300 PLATFORM TRUCK AND EQUIPMENT LIFT IN THE CENTRAL GARAGE, AND APPROVING CONTRACT CHANGE ORDER NO. ONE. (S-4 ) Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions, stating there are two different types of hoists and describing their functions. Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 87-449 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-450 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GTS ASSOCIATES, INC., RELAT- ING TO ENGINEERING SERVICES. (S-7 ) Council Member Miller made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 87-450 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. OPENING OF OLD MEYERS ROAD TO TRAFFIC WITHIN TRACT NO. 11118 In a memorandum dated December 16, 1987, Roger Hard- grave, Director of Public Works/City Engineer, explained the request by property owners for opening Old Meyers Road to traffic within Tract No. 11118, for the purpose of having more than one ingress and egress available. He recommended the matter be referred to the Traffic Safety Committee. (S-10) Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that the petition signed by 21 persons, for old Meyers Road to be 30 12/21/87 ~ re-opened to traffic within limits of tract No. 11118, be referred to the Traffic Safety Advisory Committee for review and recommendation. RES. 87-451 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CARMELITA CURTIS TO PERFORM CLERICAL SERVICES FOR THE PLANNING DEPART- MENT. (S-6 ) City Administrator Schweitzer answered questions, stating that this is a temporary contractural agreement to help the Planning Department catch up with paper work. Council Member Pope-Ludlam made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 87-451 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-452 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 82-345 TO DELETE THE REQUIREMENT THAT LIQUEFACTION STUDIES ARE REQUIRED ON CERTAIN MINOR LOT SPLITS. (S-8 ) City Attorney Penman answered questions, stating that this amendment is a technical one. It deletes the re- quirement of a liquefaction study prior to a lot split in an industrial or commercial project. A liquefaction study would still be required before a commercial or industrial building is erected. Council Member Reilly made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 87-452 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. Abstain: Council Member Estrada. DEDICATION OF LOT "A" - TERMINUS OF LAMARR STREET - DRAINAGE PURPOSES - APPROVE IN PRINCIPLE In a memorandum dated December 11, 1987, Roger Hard- grave, Director of Public Works/City Engineer, stated that a request had been received from the City of Rialto for authorization to construct a culvert to convey storm water from the street being constructed to the north. Based upon the drainage study provided by the subdivider's engi- neer, Lamarr Street can handle the additional storm water. (S-l1) Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that the acceptance of Lot "A", at the northerly terminus of Lamarr Street in Tract No. 8969, for drainage purposes, be ap- proved in principle. UNDERGROUND UTILITIES AT PARCEL - 2- MAP 2676- 2ND LOT FROM S/W CORNER OF PARKSIDE AND PARKDALE _ REPEAL OF REQUIREMENT - COUNCIL MEMBER MILLER Council Member Pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that the matter of the repeal of requirement of underground utili- ties at Parcel 2-Map 2676, 2nd lot from the southwest corner of Parks ide and Parkdale on Parkdale, be continued 31 12/21/87 to January 4, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (S-15) SET APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' DECISION - DEMOLITION OF PROPERTY - 823 E. NORMAN RD. - DENNIS I. LUTZ - FIREMAN'S FUND MORTGAGE CORP. In a memorandum dated December 15, 1987, James C. Richardson, Acting Director, Building & Safety, gave the background information on the property located at 823 E. Norman Rd. He presented a letter dated December 7, 1987, from Dennis I. Lutz, Vice President, Fireman's Fund Mort- gage Corp., new owners of the property, requesting that the City rescind it's notice to have the building demol- ished. (S-12) Council Member Minor made a motion, seconded by Council Member Estrada and unanimously carried, that the appeal of the Board of Building Commissioners to demolish property located at 823 E. Norman Road, be set for January 4,1988, at 9:30 a.m.. in the Council Chambers of City Hall, 300 North "D' Street. READING AND WAIVING OF ORDINANCES City Clerk Clark read the titles of the ordinances on the Supplemental Agenda. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of the ordinances be waived. ORD. MC-613 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE MUNICIPAL CODE BY DELETING CERTAIN PORTIONS PERTAINING TO ENVIRONMENTAL HEALTH AND ADOPTING BY REFER- ENCE THAT PORTION OF DIVISION 3, TITLE III OF THE SAN BERNARDINO COUNTY CODE KNOWN AS THE UNIFORM ENVIRONMENTAL HEALTH CODE, WITH EXCEPTIONS THERETO. FINAL (S-16 ) Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, that said ordinance be adopted. Ordinance MC-613 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. ORD. MC-614 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 13.32.070, 13.08.080, 18.44.070 (D) AND ADDING SUB- SECTION D TO SECTION 12.08.050 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE THAT ALL NEW DEVELOPMENT SHALL CONNECT TO THE CITY SEWER SYSTEM AND PROVIDING A PROCEDURE FOR THE REIMBURSEMENT OF THE COST OF SUCH CONNECTION. FINAL (S-17 ) Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, that said ordinance be adopted. Ordinance MC-614 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. 32 12/21/87 RECESS MEETING - CLOSED SESSION AT 4:50 p.m., Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the Regular Meeting of the Mayor and Common Council recess to a Closed Session pursuant to the following: Government Code Section 54957, to consider personnel matters; (51) a. Appointment of Building and Safety Director. Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been init- iated formally and to which the City is a party. The name of the case is: Saunders vs. City of San Bernardino WCAB No. 85 SBR 116410; (Continued from December 7(1988) (55 ) Government Code Section 54956.9 (b) (1) to confer with its attorney regarding pending litigation where there is a significant exposure to litigation. (S-13) Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the City is a party as follows: (S-14) ~~~ec~~L-~~~~i!Y of San Bernardino, et al, San Bernardino Superior Court Case No. 236836; ~ity of San Bernardino vs. California construction ~~na2em~~!L_!nc~L_~!~l - San Bernardino Superior Court Case No. 238755; Cabl~ak~~~ssOci~!~~~~~i!Y of San Bernardino Common Council, et al - San Bernardino Superior Court Case No. 238714; DeT~~~_vs~_~ity of San Bernardino - San Bernardino Superior Court Case No. 214093; DeTinne vs~_~i!Y-~i_~~Bernardino - San Bernardino Superior Court Case No. 222068; ~apl~~_~~~~i!y-of San Bernardino, et al - San Ber- nardino Superior Court Case No. 225490; Wale~_vs~ity-of~an_~er~~.E.din~_~!~ - San Ber- nardino Superior Court Case No. 220344; ~us~~~~~~2~!~!~l - San Bernardino Superior Court Case No. 232660; San~~~~rdi~o V~~y-Municipal Water District vs. All Interested in South Valle - San Bernardino Superior Court Case No. 224322; San~ernar~in~~~~i~Eal 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~f San Bernardino, et al _ Federal District Court Case No. 87-1615 AWT (BX); City of San Bernardino, et al vs. The San Manuel of Mission Indians, et al - Case No. CV-856899 WJR, eral-D1strlC~COurt-olstrict, Central Division, Angeles; Band Fed- Los 33 12/21/87 Barrett, Inc., vs. City of San Bernardino, et al -San Bernardino Superior Court Case No. 239913; Southern California Transportation vs. Fisher Grad- in5!./City of-San Bernarilno - Superior Court Case No. C488125, County of Los Angeles; City of San Bernardino vs. San Bernardino Baseball Club,-rnc:-;-et-aI-=-sanBernardlno-Superior Court Case No. 239193; Lar~y-~eige~~~~~ity~! San Bernardino San Bernar- dino Superior Court Case No. 231059; Jarrette vs. Tidwell, et al - U. S. District Court, Ca se N"0:-c5T-87 -7438=" ER -(;iR);---- Bra.Q.~~~~_=_~~of2~~erna~diE.~ - San Bernardino Superior Court Case No. 232233; Wag~E.~~_~! al vs. City of San Bernardino - San Ber- nardino superior Court Case No. 237160. CLOSED SESSION At 4:50 p.m., Mayor Wilcox called the Closed Session to order in the Conference Room of the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, Cali- fornia. 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, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Pope-Ludlam. Also present: Dr. Juanita Scott, Affirmative Action Officer; Police Chief Burnett. ADJOURN CLOSED SESSION At 7:25 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECONVENE MEETING At 7:25 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Pope-Ludlam. ADJOURN MEETING At 7:25 p.m., Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the meeting be adjourned. ~!~/ City Clerk No. of Items: 78 No. of Hours: lO~ 34 12/21/87