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HomeMy WebLinkAbout01-19-1988 Minutes . City of San Bernardino, California January 19, 1988 The Regular Meeting of the Mayor and Common Council was called to order by Mayor wilcox at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Miller. 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. . PUBLIC COMMENTS - THE SWORD - HOUSE OF YING _ REPRESENTING THE HOMELESS AND NEEDY A citizen, identifying himself as the Sword, Comman- der-in-Chief of the House of Ying, Ltd., spoke regarding his organization which serves the homeless and needy. He complained about the Business License Division relative to exemptions for Some Place and the Mental Health Asso- ciation. He also stated that the Salvation Army was soli- citing funds illegally in the City. He stated he had been denied rights to operate his corporation in the City as other non-profit groups were doing. He requested that the Mayor appoint a special prosecutor to protect the rights of all citizens. He further requested that the complete list of all corporations not in compliance be presented to him immediately. (A) COUNCIL MEMBER POPE-LUDLAM ARRIVED At 9:07 a.m., Council Member Pope-Ludlam arrived at the Council Meeting and took her place at the Council Table. The Sword presented the following proposal: 1. Direct Aid . 2. Deposit all homeless funds into an interest bear- ing account. 1 1/19/88 . 3. Eight motels in the County to be selected by the House of Ying for refurbishment. 4. Each motel receiving funds to for one year to members without charge. be subject to negotiations. provide five rooms Future use would 5. The homeless would share these rooms indefini te- ly, subject to receiving financial benefits. 6. Each recipient of a room to contribute back to the House of Ying approximately one-half of the costs daily. Other provisions were listed that would be adminis- tered by the House of Ying. DELEGATION TO SISTER CITY MEXICALI Mayor Wilcox stated that she had joined a delegation and recently visited San Bernardino's Sister City, Mexi- cali, Mexico, to deliver toys, candy and clothing to fami- lies in several villages outside Mexicali. She reported that Mr. Warren Temple from Lyons Van and Storage had donated the use of a van and driver to deliver the gifts. Mayor wilcox urged Council Members to consider joining the delegation next year. . Mayor wilcox stated she had invited the Mayor of Mexicali to attend the grand opening of the new Maruko Hotel, and that people from another Sister City, Tauranga, New Zealand, would be attending. APPROVE COUNCIL MINUTES - DECEMBER 7, 1987 - CONTINUED FROM JANUARY 4, 1988 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 held on December 7,1987, as submitted in typewritten form. (I) APPROVE COUNCIL MINUTES - DECEMBER 21, 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 held on December 21, 1987, as submitted in typewritten form. (2) APPROVE COUNCIL MINUTES - JANUARY 4, 1988 Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, to approve . 2 1/19/88 . the minutes of the meeting of the Mayor and Common Council held on January 4, 1988, as submitted in typewritten form. (3 ) APPROVE COUNCIL MINUTES - JANUARY 8, 1988 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 held on January 8, 1988, as amended by correcting the vote on page 3 to show that Council Member Pope-Ludlam voted aye, and Council Member Miller voted no on the Mayor's directive for attendance of department heads at the Closed Session regarding code enforcement. (4) MILL STREET STORM DRAIN CONSTRUCTION, PHASE I - REQUEST FROM CITY OF COLTON TO SHARE COSTS In a letter dated December 22, 1987, Frank A. Gon- zales, Mayor, City of Colton, requested that the City of San Bernardino share in the costs of constructing Phase I of the Mill Street storm drain at the beginning of the 1988-89 budget year. He stated that although the City of San Bernardino comprises 85% of this drainage area, the City of Colton is requesting that San Bernardino pay only 50% of the cost of the storm drain. The total estimated cost of Phase I is $422,000. (5) . Council Member Minor made a motion, seconded by Council Member Estrada and unanimously carried, that the request of the Colton City Council asking that the City of San Bernardino share in the costs of constructing Phase I of the Mill Street storm drain at the beginning of the 1988-89 budget year be set for a public hearing at 9:30 a.m., February 1, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. SET PUBLIC HEARING - INCREASE IN BUILDING PERMIT FEES In a memorandum dated January 7, 1988, James C. Rich- ardson, Acting Director, Building and Safety, explained that the 1985 Uniform Building Code (UBC) calls for new fee schedules for building, plan check, plumbing, electri- cal and mechanical permits. A 50% increase is recom- mended. (6) Council Member Minor made a motion, seconded by Council Member Estrada and unanimously carried, that the Mayor and Common Council set a public hearing on the in- crease in building permit fees for February 1, 1988, at 10:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . 3 1/19/88 . AUTHORIZE EXPENDITURE OF CDBG CONTINGENCY FUNDS - 360 W. 20TH STREET - CORRECTION OF SEWER PROBLEMS In a memorandum dated January 7, 1988, Kenneth Hen- derson, Director, Community Development, explained that Mrs. Blanche Tompkins, a resident on West 20th Street, had been experiencing serious sewer problems because of sewer blockages in the area of her home. Attached to his memor- andum were supporting documents and a memorandum dated December 3, 1987, from Roger Hardgrave, Director of Public Works/City Engineer, in which were provided two possible solutions to the problem. (7) Council Member Maudsley stated he would abstain from voting on this item, due to a possible conflict of inter- est. Counci I Member Minor made a motion, seconded by Council Member Estrada and unanimously carried, that the Mayor and Common Council approve $21,300 in CDBG contin- gency funds for correction of sewer problems, generally located at and around 360 West 20th Street, San Bernar- dino, California. . VICTIM SUPPORT SERVICE PROGRAM - REQUEST FOR FINANCIAL ASSISTANCE - GENERAL FUND In a memorandum dated January 7, 1988, Kenneth Hen- derson, Director, Community Development, explained the background of funding for the Victim Support Services Program, which is administered by the Family Service Agency. Because of the current mode of operation, program services will cease as of January 31, 1988. He suggested a method by which operations of this program can continue through alternate funding. (8) Counci 1 Member Minor made a motion, seconded by Council Member Estrada and unanimously carried, that the Mayor and Common Council re-appropriate $23,680 from the General Fund for use in the Victim Support Services Pro- gram to be administered by the San Bernardino Police De- partment. . VICTIM SUPPORT SERVICE PROGRAM - REQUEST FOR FINANCIAL ASSISTANCE - CDBG FUNDING In a memorandum dated January 7, 1988, Kenneth Hen- derson, Director, Community Development, explained the background of funding for the Victim Support Services Program, which is administered by the Family Service Agency. Because of the current mode of operation, program services will cease as of January 31, 1988. He suggested a method by which operations of this program can continue through alternate funding. (8) 4 1/19/88 . Council Member Minor made a motion, seconded by Council Member Estrada and unanimously carr ied, that the Mayor and Common Council approve CDBG funding in the amount of $23,680 for the resurfacing of Hospitality Lane from Hunts Lane to Waterman avenue. VICTIM SUPPORT SERVICE - COMMENDATION Council Member Estrada stated she had recently wit- nessed a fatal accident on Mt. Vernon Avenue, and wished to publicly commend the Victim Support Service, police officers, and particularly Officer Mujica for their hand- ling of the situation and caring for the victim's family. DEMOLITION OF RESIDENTIAL STRUCTURE - 377 SOUTH MT. VERNON AVE. - AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated January 8, 1988, Kenneth Hen- derson, Director, Community Development, stated that a request had been received from Mr. Raymond Wright for financial assistance for demolition of property located at 377 South Mt. Vernon Avenue. The structure has been de- clared unfit for habitation by the Department of Building and Safety, and is no longer occupied by Mr. Wright. Mr. Henderson explained that Mr. Wright is being represented by Ralph Hernandez. (9) . City Administrator Schweitzer stated that the re- quest for demolition of the residential structure at 377 South Mr. Vernon Avenue should be tabled, as Mr. Wright had passed away and Mr. Hernandez would no longer have Power of Attorney. Mr. Ralph Hernandez, 190 N. Pico, stated he still had Power of Attorney with the next of kin. City Attorney Penman stated there may be legal prob- lems with the Power of Attorney, and volunteered to meet with Mr. Hernandez later today to discuss a solution. The Council agreed to consider this item later in the meeting. (See page 16) PUBLIC WORKS PROJECT 87-74 - INSTALLATION OF STORM DRAIN - UNIVERSITY PARKWAY AT 1-215 - NEGATIVE DECLARATION In a memorandum dated January 7, 1988, Roger Hard- grave, Director of Public Works/City Engineer, stated that Public Works Project 87-74, the installation of a 75 inch storm drain in University Parkway at Route 1-215 Freeway, had been reviewed by the City's Environmental Review Com- mittee. A determination was made that the project would not have a significant impact upon the environment. (10) . 5 1/19/88 . Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions regarding the long period of time which has elapsed since the Environmental Review Commit- tee recommended adoption of a Negative Declaration in October, 1987. He stated that he understood it had been sidetracked in the Planning Department. Mr. Hardgrave stated there was not an eminent danger of liability caused by the delay, as it is preferable not to construct storm drains during the rainy season. Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the Negative Declaration for Public Works Project No. 87-74, installation of a 75 inch storm drain in University Park- way, at the 1-215 Freeway, be adopted. . CONSTRUCTION OF SIDEWALKS - BASELINE STREET - HIGHLAND AVENUE - SOUTH "E" STREET - REDLANDS PAVING - APPROVAL AND ACCEPTANCE OF WORK In a memorandum dated January 7, 1988, Roger Hard- grave, Director of Public Works/City Engineer, stated that all the work under the contract with Redlands Paving for construction of sidewalks on Baseline Street, Highland Avenue and South "E" Street, had been satisfactorily com- pleted as of January 5, 1983. The final contract price is $32,423.57. (II) Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the work performed by the contractor, in accordance with Plan No. 7223 for the construction of sidewalks on Baseline, Highland and South "E", be approved and accepted, and that final payment be authorized at the expiration of the lien period. INSTALLATION OF STREET LIGHTS - WATERMAN AVENUE, FROM CENTRAL AVENUE TO MILL STREET - DBX, INC. - APPROVAL AND ACCEPTANCE OF WORK In a memorandum dated January 7, 1988, Roger Hard- grave, Director of Public Works/City Engineer, stated that all work under the contract with DBX, Inc., for the in- stallation of street lights on Waterman Avenue from Cen- tral Avenue to Mill Street, had been satisfactorily com- pleted as of January 6, 1988. The total contract price is $36,876.00. (12) Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the work performed by the contractor in accordance with Plan No. 7265 for the installation of street lights on Waterman . 6 1/19/88 . Avenue, cepted, ration from Central to Mill and that final payment of the lien period. street, be approved and ac- be authorized at the expi- ANIMAL SHELTER - RESURFACING AND RESTRIPING PARKING LOT - BRENTON LEE RHOADES - APPROVAL AND ACCEPTANCE OF WORK In a memorandum dated January 6, 1988, Roger Hard- grave, Director of Public Works/City Engineer, stated that all work under the contract with Brenton Lee Rhoades for resurfacing and restriping of the Animal Shelter parking lot had been satisfactorily completed as of December 11, 1987. The final contract price is $25,126.56. (13) Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the work performed by the contractor for the construction of a parking lot at the Animal Shelter, in accordance with Plan No. 7218, be approved and accepted, and that final payment be authorized at the expiration of the lien period. . AUTHORIZATION TO APPLY FOR ADDITIONAL EMERGENCY FOOD AND SHELTER FUNDS - ADMINISTERED THROUGH WESTS IDE DROP-IN CENTER In a memorandum dated January 6, 1988, Annie Ramos, Director of Parks, Recreation & Community Services, ex- plained the background of a previous application for fund- ing in the amount of $7,500 in the FEMA VI program, to be administered through the Westside Drop-In Center. The City has since received notice from the County that addi- tional funding is available and recommended that the City resubmit for an additional $7,500 to the original request. (14) Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the application for additional emergency food and shelter funds in the amount of $7,500 to be administered through the Westside Drop-In Center, be approved. POLICE DEPARTMENT - LT. LARRY RICHARDS - OUT OF STATE TRAVEL - FBI ACADEMY, QUANTICO, VA. - APRIL 3, 2988 - JUNE 17, 1988 In a memorandum dated December 30, 1987, Police Chief Burnett explained that the primary purpose of the FBI National Academy is to train outstanding law enforcement officers as instructors and administrators. He stated that it is not often that a slot becomes open for a staff officer of the City's Police Department to attend. The cost to the City will be $1,000.00. (15) . 7 1/19/88 . Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that out of state travel for Lieutenant Larry Richards to attend the FBI Academy in Quantico, VA.. April 3, 1988 through June 17, 1988, be approved. CLAIMS AND PAYROLL Council Member Flores made a motion, seconded by Council Member Reilly 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: (16) I. Approve the register of demand dated: January 7, 1988 87/88 #24 $ 1,869,807.22 2. Approve the total gross payroll for the period December 7, 1987, through December 20, 1987, in the amount of $1,375,360.56. . 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, with a correction to change Thomas Odell's appointment data to read in part "Step 2, $2267/Mo.". (17) APPOINTMENTS City Administrator/CATV Division Julie M. Reifel - CATV Programming Supervisor - Effective January 20, 1988 Timothy Mc Cullough - CATV Production Specialist II - Effective January 20, 1988 Fire/Administration Sheila M. Rider - Typist Clerk III - Effective January 20, 1988 TEMPORARY APPOINTMENTS Police Samuel R. Humphries - Dispatcher I/Part-Time - Effective January 20, 1988 . Public Buildings Chris Elston - Custodial Aide - Effective January 20, 1988 8 1/19/88 . Parks, Recreation & Community Services Marvin Cash - Recreation Leader - Effective January 20, 1988 SBETA/Administration Jorge Carlos - Staff Analyst I (JTPA) - Effective January 20, 1988 Barbara A. Froton - Typist Clerk II - Effective January 20, 1988 Mayor's Office Steve Kupsak - Conservation Crew Supervisor - Effective January 20, 1988 PROMOTIONS Fire/Suppression Thomas Parlett I - Fire Captain - Engineer to Captain - Effective January 20, 1988 David J. Parke - Battalion Chief - Captain to Battalion Chief - Effective January 20, 1988 Michael T. Alder - Fire Engineer - Firefighter to Engineer - Effective January 20, 1988 . Police Lawrence E. Neigel - Police Lieutenant - Sergeant to Lieutenant - Effective March 4, 1985 Finance David L. Miller - Internal Auditor/Budget Officer - Senior Accountant to Internal Auditor/Budget Officer - Effective January 20, 1988 Parks, Recreation & Community Services Teresa Wilson - Recreation Specialist - Effective January 20, 1988 TRANSFER/PROMOTION Building & Safety Thomas Odell - General Building Inspector - Maintenance Plumber II to General Building Inspector - Effective January 25, 1988 READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of all the resolu- tions on the Council Agenda. . 9 1/19/88 . council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that further reading of all the resolutions on the Council Agenda be waived. RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING CERTAIN PROPOSALS AND AGREEMENTS (BOND COUNSEL AND INVESTMENT BANKER). (ASSMT. ENGINEERING SERVICES FOR ASSMT. DIST. #983, CENTRAL CITY SOUTH AREA - BROWN & DIVEN, BOND COUNSEL, AND MILLER & SCHROEDER FINANCIAL, INC., INVESTMENT BANKER) (Continued from December 21, 1987) (21) Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be continued to February 1, 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 APPLICANTS FOR EMPLOYMENT, CERTIFICATION AND LICENSING, AND REPEALING RESOLUTION NO. 87-16. (Continued from January 4, 1988) (24) Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be continued to February 1, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 88-11 - RESOLUTION OF 'rHE CITY OF SAN BERNARDINO ESTABLISHING A POLICY FOR THE DEVELOPMENT AND OPERATION OF SPEICHER PARK. (Continued from December 21, 1987) (22) The Mayor and Council discussed the duties of the Speicher Park Task Force. It was pointed out that the Police Chief was in agreement with this resolution. Council Member Minor made a motion, seconded by Council Member Miller, that said resolution be adopted. . 10 1/19/88 . Resolution No. 88-11 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. 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 January 4, 1988) (23) Council Member Minor made a motion, seconded by Council Member Miller, that said resolution be adopted. This resolution was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. (This action was later rescinded. See page 31) . APPEAL HEARING - DECISION OF BOARD OF BUILDING COMMISSIONERS - DEMOLITION OF PROPERTY - 823 E. NORMAN ROAD - DENNIS LUTZ, FIREMAN'S FUND MORTGAGE CORPORATION - CONTINUED FROM JANUARY 4, 1988 This is the time and place continued to for consider- ation of an appeal filed by Dennis Lutz, Fireman's Fund Mortgage Corporation, on the decision of the Board of Building Commissioners' decision for demolition of prop- erty located at 823 E. Norman Road. (18) Mayor Wilcox opened the hearing. The appellant was not present. City Clerk stated that Mr. Lutz had been notified of the hearing by letter, and his local representative, Mr. Osgood, had been notified by telephone. Jim Richardson, Deputy City Administrator, stated he had talked to Mr. Osgood, who requested an additional 60 to 90 days to find a buyer for the property. Mr. Richardson recommended that if the appeal is granted, that the rehabilitation work take place prior to a new owner taking over the property. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the hearing be closed, and that the appeal be rejected. . 11 1/19/88 . PUBLIC HEARING - HOME OF NEIGHBORLY SERVICE - AMENDMENT TO AGREEMENT This is the time and place set for a public to consider an amendment to an agreement with the Neighborly Service. hearing Home of (19 ) Mayor wilcox opened the hearing. City Attorney Penman referred to his letter dated November 19, 1987, to Felton C. Anderson, Board President, Home of Neighborly Service, regarding an increase in the liability insurance requirement in the agreement regarding the lease of the Home of Neighborly Service property. Be- cause of the great liability exposure to the City, Mr. Penman requested that the limits of liability be increased to $3,000,000 for each person injured and $6,000,000 for each incident. A response from Mr. Tolbert, Executive Director, Home of Neighborly Service, dated December 7, 1987, was re- ceived, in which he stated their budget would not allow them to pay any additional cost. He requested a waiver of increased insurance limits. . City Attorney Penman explained the background of the agreement with the Home of Neighborly Service. He stated that although there was no direct conflict of interest, he would step aside because of emotional connections with the Home due to his prior employment there. Deputy City At- torney Wilson continued the presentation. Deputy City Attorney Wilson recommended that the proposed amendment to the agreement with the Home of Neighborly Service be referred to the Ways and Means Com- mittee. Mr. Wilson stressed the importance of adequate insur- ance, especially where children are involved. He spoke of a recent case where a child was injured on a street and the City had a $5,000,000 liability. Mr. Wilson also recommended that the City review its ownership of property where such leases are involved and suggested that perhaps the property could be purchased by the lessee for for a minimal amount, and thereby lessen the City's potential liability. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, to refer the proposed amendment to the agreement with the Home of Neighborly Service to the Ways and Means Committee, with a . 12 1/19/88 . recommendation to be presented at the meeting of the Mayor and Common Council at 4:00 p.m., on Monday, January 25, 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. PUBLIC HEARING - SAAB VS. THE CITY OF SAN BERNARDINO, - SCHOOL IMPACTION FEES - CONTINUED FROM NOVEMBER 2, 1987 This is the time and place set for a hearing con- cerning the case entitled Saab vs. the City of San Bernar- dino, Superior Court Case No. 234561, regarding school impaction fees. (20) Mayor Wilcox opened the hearing. Deputy City Attorney Wilson stated that Gary Smith, representing Saab, had requested a continuance of the hearing. . Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the public hearing on Saab vs. the City of San Bernardino be continued to 10:30 a.m., Monday, February IS, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. RES. 88-12 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING THE CONTRACT WITH DAVID RICHARDS CONSTRUCTION, FOR INSTALLATION OF FIELD LIGHTING FOR AYSO PARK, BY INCLUSION OF ADDITIVE ALTERNATE NO.2, INSTALLATION OF LIGHTING FOR FIELD NO.4. (28) City Administrator Schweitzer answered questions regarding an Environmental Impact Report on the AYSO Park and other fields. Council Member Flores made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 88-12 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. . 13 1/19/88 . RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A LOAN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MEAL MANAGEMENT, INC., FOR THE PURPOSE OF ACQUIRING PROPERTY FOR EX- PANSION OF BUSINESS. (29) Val Mahabir, Economic Development Consultant, Com- munity Development Department, answered questions of the Council. He stated that interest rates vary and are based on the ability to generate cash flow. Mr. Mahabir explained that Meal Management, Inc. is a shopping service for board and care homes, as they can purchase supplies in bulk at a lower cost. The Mayor and Council discussed the location of the business, and whether or not the address was in the City or the County. City Administrator Schweitzer answered questions, stating that it was his understanding that the address was in the County, and approval of funding was contingent upon their moving to a City location. . Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be continued to Monday, February 1, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, and that a representative of Meal Management, Inc. be present to answer questions, and to provide a list of board and care homes they serve. CITY ATTORNEY PENMAN EXCUSED City Attorney Penman left the Council Meeting and was replaced by Deputy City Attorney McQueen. RES. 88-13 - RESOLUTION OF 'rHE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A LOAN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WOMAN TO WOMAN OB/GYN MEDICAL GROUP, INC., FOR THE PURPOSE OF MAKING PHYSICAL IMPROVEMENTS TO OFFICES LOCATED AT 249 EAST HIGHLAND AVENUE, SAN BERNARDINO, CALIFORNIA. (30) Council Member Estrada made a Council Member Pope-Ludlam, that adopted. motion, seconded by said resolution be . 14 1/19/88 . Resolution No. 88-13 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. ASSISTANT CITY ATTORNEY BRUE ARRIVED Assistant City Attorney Brue arrived at the Council Meeting and replaced Deputy City Attorney McQueen. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH PACIFICORP CAPITAL, INC., RELATING TO EQUIPMENT. (City Hall furniture) (Con- tinued from January 4, 1988) (25) In a memorandum dated January 15, 1988, Finance Di- rector Knudson presented the background and findings re- garding the proposed lease/purchase with Pacificorp Cor- poration and possible alternatives to finance the furni- ture and furnishings for City Hall. Director of Finance Knudson answered questions, stat- ing that Deputy City Attorney Wilson has been in communi- cation with Pacificorp regarding funding for furniture for City Hall, but the the issue is not completely resolved. . Mr. Knudson explained that he learned of possible funding through The Association of Bay Area Governments (ABAG). Their interest is 7.5%, compared to 8.11% for Pacificorp, and a bank loan for 8.34%, which is a floating prime. He recommended negotiations with ABAG, and re- quested authority to submit an application to them. Assistant City Attorney Brue answered questions, stating it was their recommendation to approve an applica- tion to ABAG. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be continued to February I, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, that staff be authorized to submit an application to ABAG regarding funding for City Hall furniture, and come back with documentation. CITY ATTORNEY PENMAN RETURNED City Attorney Penman returned to the Council Meeting and replaced Assistant City Attorney Brue. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. . 15 1/19/88 . RECONSIDERATION - AUTHORIZATION TO ADVERTISE FOR BIDS - DEMOLITION OF RESIDENTIAL STRUCTURE - 377 S. MT. VERNON Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the request for authorization to advertise for bids for demo- lition of a residential structure at 377 South Mt. Vernon Avenue, owned by Raymond Wright, and represented by Ralph Hernandez, be reconsidered. (See page 5) (9) Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the request for bids for demolition of residential structure at 377 S. Mt. Vernon be tabled. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. READING AND WAIVING OF ORDINANCES City Clerk Clark read the titles of all the ordi- nances on the Council Agenda. . Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that fur- ther reading of all the ordinances on the Council Agenda be waived. ORD. MC-616 - ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SEC- TION 19.06.020 OF THE SAN BERNARDINO MUNI- CIPAL CODE (PETITION NO. 87-10, GENERALLY LOCATED AT THE NORTHEAST CORNER OF CAROLINE STREET AND HUNTS LANE) AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. FINAL (31) Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that said ordinance be adopted by interdelineation by changing "southwest" to "northeast" on line 9, page I. Ordinance MC-616 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. . 16 1/19/88 . ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS 9.84.020 AND 9.84.030 TO THE SAN BERNARDINO MUNICIPAL CODE TO RE- QUIRE A MINIMUM TWO-DAY JAIL SENTENCE FOR THE UNLAWFUL DISCHARGE OF A FIREARM, AND TO DEFINE THE TERM FIREARM. FIRST (32 ) City Attorney Penman answered questions, stating that rockets had been included in the definition of weapons. However, there are places in the County where rockets could be fired. Fireworks displays that have been in- spected by the Fire Department and licensed are also exempt. Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that said ordinance be laid over to January 25, 1988, for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO, ADDING CHAPTER 5.72 TO TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE WHEREBY THE CITY ELECTS TO RECEIVE ITS ALLOCATED SHARE OF SATELLITE WAGERS AT THE NATIONAL ORANGE SHOW COUNTY FAIRGROUNDS. FIRST (33 ) . Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that said ordinance be laid over to January 25, 1988, for final passage. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. REQUEST TO DEDICATE PORTION OF ELKS LANE, SOUTH OF HIGHLAND AVENUE - AMERICAN SECURITIES, INC. - CONTINUED FROM DECEMBER 21, 1987 This is the time and place continued to for consider- ation of a request by American Securities, Inc., to dedi- cate a portion of Elks Lane, south of Highland Avenue. (34) At the meeting of the Mayor and Common Council held on December 21, 1987, a memorandum dated December I, 1987, from Roger Hardgrave, Director of Public Works/City Engi- neer was presented. Mr. Hardgrave stated that the paved area in question is not up to City standards, and recom- mended that the easement remain as such and not be brought into the City's street system. . 17 1/19/88 . A request was received from Mr. Ray Hedstrom for a continuance of the request for dedication of a portion of Elks Lane, south of Highland Avenue. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the request to dedicate a portion of Elks Lane, south of High- land Avenue, be continued to February IS, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meet- ing and took her place at the Council Table. UNDERGROUNDING OF UTILITIES EXEMPTION - PARCEL 2, MAP 2676 - PARKSIDE AND PARKDALE - COUNCIL MEMBER MILLER - CONTINUED FROM JANUARY 1, 1988 This is the time and place continued to for consider- ation of a request for exemption of the requirement of undergrounding utilities for Parcel 2 of Parcel Map No. 2676, as requested by Council Member Miller. (35) . At the meeting of the Mayor and Common Council held on January 4, 1988, a memorandum dated December 28, 1987, from Roger Hardgrave, City Engineer, was presented in which he outlined the estimated cost for undergrounding utilities for Parcel 2 of Parcel Map No. 2676, the second lot from the southwest corner of Parks ide and Parkdale Drives, on Parkdale. Council Member Council Member Miller request for exemption utilities for Parcel tinued to February I, Reilly made a motion, seconded by and unanimously carried, that the of the requirement of undergrounding 2 of Parcel Map No. 2676, be con- 1988. COUNCIL MEMBER MINOR EXCUSED Council Member Minor left the Council Meeting. COUNCIL PERSONNEL COMMITTEE - JANUARY 7, Council Member Reilly, Chairman of the sonne I Committee, presented the report of Personnel Committee held on January 7, 1988. ing items were discussed: 1988 Council Per- the Council The follow- (37 ) 1. Creation of New Class of Affirmative Act i onClerkat-RangeTI"TI-=--TheCcimml t tee recommended approval. . 18 1/19/88 . 2. Job Descriptions and Testing Standards for PosItIOns of Assistant Director, Park Projects Coordinator and Landscape Inspec- tor - Parks, Recreation and Community Ser- vices-oepartment - The Committee recom- me nd eaa. pp rovar:--- 3. Resolution Authorizing City Personnel Accessf"o-crTffiTnalHlstory Needed to Evalu- ate Prospective Applicants for Employment certIITCatIon-and~TCensing and Repealing Resolution 87-16 - Item continued. The Committee-directed that the proposed reso- lution be re-drafted to reflect the recom- mended changes made by the Committee, City Attorney and City Administrator and re- turned to the Committee for further discus- sion. The City Attorney, with the coordin- ation of the Chief of Police and Director of Personnel, will provide a statement regarding background checks and criminal history for inclusion in the City's employ- ment application and job announcement for review at the next Committee meeting. . 4. ~ec~gnl!l~~_~~~mpl~~~~ - Item con- tinued. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the minutes of the Council Personnel Committee meeting held January 7, 1988, be received and filed. LEGISLATIVE REVIEW COMMITTEE REPORT - JANUARY 8, 1988 Council Member Reilly, Chairman of the Legislative Review Committee, presented the report of the Legislative Review Committee held on January 8, 1988. The following items were discussed: (38) 1. Smoking Ordinance The Committee recommended-that:the-~iginally proposed ordinance, the ordinance drafted by the Attorney John Wilson and the latest draft by City Attorney James Penman, all be for- warded to the full Council for their review and recommendation. City Clerk Clark and City Administrator Schweitzer answered questions regarding the setting of a public hear- ing regarding a proposed smoKing ordinance. It was deter- . 19 1/19/88 . mined that the item would go on the next agenda to set a public hearing for March 7, 1988. 2. Revision to Resolution No. 87-189 - Adopting Standard Requirement No. II for IT n d e r gr 0 u nd in gOf-UtTIltles---=.--ftem- con- tinue~T1ieCommltteerev-iewed the ordi- nance, recommended changes and asked that it be brought back to Committee once more before forwarding to the full Council. 3. General Vehicle Usage Report - Item continued~---------------------- 4. Trash Ordinance Amendment - Item con- tinued. 5. ~l!y~_~em~ll!lon_~~l~Y - Item con- tinued. . 6. Ordinance Adding Section 9.84.020 and 9.84.030 to Require a Minimum Two-Day Jail Sentence for the Unlawful Discharge of a Fir e a rm-;-a-ndtoDeITnet1ie-Term-Flreariil= This"walk~on"-agenda item was recommended for approval as presented by the City At- torney. (See Item 32, page 17) Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the minutes of the Legislative Review Committee meeting held January 7, 1988, be received and filed. COUNCIL MEMBER MINOR RETURNED Council Member Minor returned to the Council Meeting and took his place at the Council Table. SAN BERNARDINO ECONOMIC DEVELOPMENT COUNCIL - ANNUAL REPORT - CONTINUED FROM JANUARY 4, 1988 This is the time and place continued to for consider- ation of an annual report from the San Bernardino Economic Development Council concerning their activities during the past year. (36) Mayor wilcox stated that the Council can be more aware of activities of the Economic Development Council now that its agendas and minutes are being sent on a regu- lar basis. She stated there is a new direction for EDC in marketing efforts, as just a year ago, the lending respon- sibilities were moved to the Community Development Depart- ment. . 20 1/19/88 . Mr. Sam Henley, Executive Director, San Bernardino Economic Development Council, answered questions, stating that all loans have been transferred except the Esperanza Market, which is in the process of being transferred. Mr. happy to a nd the concern Council Henley answered questions, stating he would be provide an update on the progress of the by-laws strategic marketing plan. He also emphasized his in being responsive to any request from the Members. It was pointed out that projects on the West Side of San Bernardino are not being included in pUblicity re- leases in the City of San Bernardino Update Brochure. Mr. Henley responded that the releases are constantly being updated and restructured and the Northwest Project Area would be included in the next issue. Mr. Henley stated that they will soon have a report on the first broker tour, which received an excellent response. The tour includes the Enterprise Zone, the Northwest Project Area, the new development at Medical Center Drive and Baseline, and the Community Hospital. . Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, to receive and file the Annual Report from the San Bernardino Econ- omic Development Council, and requested that the EDC pre- sent a report on the progress of the new By-Laws, and bring forth the Strategic Marketing Plan as it is devel- oped. RES. 88-14 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO SCC GEN- ERAL CONTRACTOR FOR FURNISHING AND INSTAL- LING SKYLIGHTS AT CENTRAL CITY MALL. (27) City Administrator Schweitzer answered questions regarding the Central City Mall skylight replacement proj- ect, stating it had been budgeted, as it was known for two or three years the replacement would be necessary. Finance Director Knudson distributed copies of the Central City Mall Budget. He stated the City had a com- mitment to the Mall for some capital improvements, as required in the Reciprocal Easement Agreement. The work was budgeted through the Public Buildings Department mall maintenance account. . Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolution be adopted. 21 1/19/88 . Resolution No. 88-14 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. WAYS AND MEANS COMMITTEE REPORT - JANUARY II, 1988 Council Member Estrada, Chairperson of the Ways and Means Committee, presented the report of the Ways and Means Committee meeting held on January II, 1988. The following items were discussed: (39) . I. Summary of Costs Prior to and With Spirit - The Committee referred the latest financial report to the City Attorney for review and asked that he report to the full Council in Executive Session. The Commi t- tee felt they had received as accurate an accounting of revenues and expenditures as possible. The Committee recommended that a bond of at least $559,524 be posted by the Spirit ball club. This amount was con- sidered minimal since the full amount of expenditures to the City was $842,642. The amount of the bond would be increased if the City was required to install netting along the third base side of the field, a necessity to reduce the liability of foul balls being hit out to Highland Avenue. The Committee reiterated their desire to work with the Spirit team in a spirit of cooper- ation to "clear up these matters". A copy of a letter dated January 15, 1988, from Gill Snyder, President Elect of the San Bernardino Area Chamber of Commerce, was received in which he spoke of the many benefits the Spirit Baseball Team had brought to the City. He urged continued cooperation between the team and the Ci ty. Dr. Chuck Terrill, County Superintendent of Schools, representing the Chamber of Commerce, stated he was here to compliment and encourage the City in their negotiations with the Spirit team. He felt that the team had improved the quality of life in San Bernardino, and had given the City national recognition for breaking a 40 year atten- dance record. He also stated the team is good for busi- ness in the City and has created an estimated $1,000,000 impact on the community. . 22 1/19/88 . Dr. Terrill stated there would be an old fashioned Hot Stove League Dinner on February 24, 1988, and a Wel- come Luncheon for the 1988 team on April 7, 1988, whose first game will be April 8, 1988. Dr. Terrill urged the City to continue working with the Spirit baseball team with continued cooperation. . 2. Project Renaissance and Code Enforce- ment Item continued for ninety days. After providing an oral report on the re- sults of their interviews with most depart- ments, the committee, in concert with the City Administrator and the new Building and Safety Director, requested that an in-depth plan be developed. The plan would take into account the impact on departments, the effect on the General Fund and a phase-in approach. The Committee emphasized their support of additional code enforcement but want a plan that will not fail and is long term. The plan should: 1) Identify what is to be accomplished, 2) How it will be accomplished, 3) The timeframe table, 4) A breakdown of all costs, plus a grand total, and 5) A breakdown of all projected reve- nues by source. The report will be due in late April, early May. Mayor Wilcox requested backup regarding the projected cost to the City as determined by the Ways and Means Com- mittee for expanded code enforcement. A discussion ensued regarding the possible impact on other City departments by an increase in code enforcement officers. It was pointed out that many City departments would be impacted and would require additional staff, secretarial assistance and equipment. City Attorney Penman stated his office would need additional personnel for enforcement of new cases gener- ated by additional code enforcement officers. 3. A~ement - Steinman, Grayson, Smylie, Inc.-for Preparation of Space and Site ~tU.<'!L!~!._!iew_~oli.ce_~tation - Verbal re- port by Glenda Saul - Item continued. 4. ~~r t on Cost of Audi t of Comcast and Other Cable Operators - Verbal report by Dean Gray--=Item -con-tlnued. . 23 1/19/88 . 5. Amendment of Storm Water Drainage Facilities Construction Fees - New Develop- ment - Item continued. 6. Revised RFP for Operation of Animal Control Department - City Attorney - The ComffiTttee-recommended approval after re- viewing the changes made by the City At- torney. Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the report of the Ways and Means Committee meeting held on January II, 1988, be received and filed. WORKSHOP - CITY'S SIGN CODE - DISCUSSION WITH PLANNING COMMISSION Mayor wilcox announced that the workshop scheduled at noon for a discussion with the Planning Commission on the City's sign code had been cancelled. (40) RECESS MEETING At 10:51 a.m.. the Regular Meeting of the Mayor and Common Council recessed for five minutes. . RECONVENE MEETING At 11:10 a.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox, Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller, City Attorney Penman, City Clerk Clark, City Ad- ministrator Schweitzer. Absent: None. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - REGULAR MEETING The Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order by Chairman wilcox in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 88-15 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE WITH THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO RELATING TO THE PUBLIC ENTERPRISE CENTER - POSTAL & UTILITY CENTER. (R-5a) . City Clerk Clark read the title of the resolution. 24 1/19/88 . Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that further reading of the resolution be waived and said reso- lution be adopted. Resolution No. 88-15 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 88-16 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE WITH THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO RELATING TO THE PUB- LIC ENTERPRISE CENTER - CATV STUDIO. (R-6a) City Clerk Clark read the title of the resolution. City Administrator Schweitzer answered questions, stating that the Cable Access Television Division will not be moving their entire operation to the Public Enterprise Center. It will just be used as a studio. Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of the resolution be waived. . Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 88-16 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. SET PUBLIC HEARING - CONSIDER CONVEYANCE OF AGENCY-OWNED PROPERTY - KNOWN AS THE YWCA BUILDING - TO CITY OF SAN BERNARDINO _ FEBRUARY 15, 1988 In a memorandum dated January II, 1988, Glenda Saul, Executive Director of the Redevelopment Agency, gave a synopsis of previous Commission/Council action regarding the YWCA property. She also stated that on January 4, 1988, the Community Development Commission directed Agency staff to begin procedures needed to convey the property at 566 N. Lugo Avenue, (YWCA Bldg.) to the City of San Ber- nardino for $1.00. A joint public hearing is necessary for this transfer. She further recommended that a $5,000 deposit made by the YWCA in 1984, representing their in- terest in purchasing the property, be returned to the YWCA. (R-8a) . 25 1/19/88 . Council Member Estrada made a motion, seconded by Council Member Flores, to set a joint public hearing to consider conveyance of that certain Agency-owned real property (known as the YWCA Bldg.) to the City of San Bernardino for $1.00 for Monday, February IS, 1988, and to authorize staff to return the $5,000 deposit to the YWCA for the property located at 566 N. Lugo avenue, San Ber- nardino, California. (See vote after discussion) Attorney Phil Savage of Gresham, Varner, Savage, Nolan and Tilden, stated he had been asked to help the YWCA with the documentation in regard to the lease with the City. He stated he felt the actions were out of se- quence, and that the provisions and status of the lease with the YWCA should be clarified prior to a public hear- ing. . Mr. Savage stated that he believed that the YWCA does have a $1.00 per year lease with the City and he is try- ing to determine what the terms of that lease are. He spoke of two provisions in the proposed lease that are quite different from those in the existing lease that was executed by former Mayor Holcomb in 1975: the option to renew the lease for 50 years, and an increase in the in- surance requirement from $100,000 to $300,000 to approxi- mately $3,000,000 to $6,000,000. He stated that the YWCA could not afford such high insurance premiums. Mr. Savage stated he had advised the YWCA not to sign a lease that required such high insurance premiums, so a viable solution to the problem is very important. Sr. Assistant City Attorney Barlow responded, stating that it would not be wise for the City to tie up public property for 100 years. He agreed that premiums for $6,000,000 of insurance are very high, but stated that in the years since the existing lease was written, insurance costs have sky-rocketed. Mr. Barlow suggested that the Community Development Commission could sell the property directly to the YWCA, and recommended that the question of the lease be referred back to the Redevelopment Committee. . Mr. Barlow answered questions, stating that he didn't feel the sale of the property to the YWCA would be setting a dangerous precedent. He also stated that the City At- torney's Office is reviewing all City owned properties to determine whether or not it would be better to sell the properties or continue the ownership, in view of the lia- bility problems. Each would be considered on a case-by- case basis. 26 1/19/88 . Glenda Saul, Executive Director of the Redevelopment Agency, explained why a public hearing is required, pur- suant to Community-Redevelopment Law. The Council discussed the proposed lease and it was pointed out that the YWCA provides many important services to the City, and should be given the opportunity to con- tinue with those services. The motion failed by the following vote: Council Members Estrada, Flores, Miller. Noes: Members Reilly, Maudsley, Minor, Pope-Ludlam. None. Ayes: Council Absent: City Attorney Penman answered questions regarding the $5,000 deposit made by the YWCA, stating it was his opin- ion that the money should be returned to the YWCA. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the issue of the lease with the YWCA be referred to the RDA Committee. . UDAG APPLICATIONS - THE CLUB - SUNWEST PROJECTS - STATUS REPORTS In a memorandum dated January 11, 1988, Glenda Saul, Executive Director, Redevelopment Agency, presented sum- maries of two applications for UDAG funding through the Department of Housing and Urban Development. The two applications are for The Club, located at Redlands Blvd. and Waterman Avenue, and Sunwest Development-SEIP, located at Redlands Blvd. and Waterman Avenue. (R-10) Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, to receive and file the status report on UDAG applications for The Club project and the Sunwest project. CITIZEN ADVISORY/PROJECT AREA COMMITTEES - SET PUBLIC HEARING In a memorandum dated January 7, 1988, Glenda Saul, Executive Director of the Redevelopment Agency, explained that a clarification is needed on the exact role of citi- zen advisory/project area committees and a consideration as to what extent the advisory nature of a committee should extend into areas outside of the Agency's purview and/or current operation. (R-12a) Council Member Estrada made a motion, seconded by Council Member Flores, to set a joint public hearing at 11:00 a.m., on March 21, 1988, to consider the role of . 27 1/19/88 . citizens advisory/project area committees and their rela- tionship to the Redevelopment Agency. The motion carried by the following vote: Members Estrada, Reilly, Flores, Maudsley, Minor, Noes: Council Member Pope-Ludlam. Absent: None. Council Miller. RECESS MEETING At 12:34 p.m.. the meeting was adjourned to 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:08 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox, Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller, City Attorney Penman, City Clerk Clark, City Ad- ministrator Schweitzer. Absent: None. . APPLICATION FOR CHANGE OF ZONE NO. 87-9 - CHANGE ZONING DISTRICT FROM R-I-7200, SINGLE FAMILY RESIDENTIAL TO P.R.D.-7, PLANNED RESIDENTIAL DEVELOPMENT - RIALTO AVENUE, WEST OF RANCHO AVE. In a memorandum dated January 6, 1987, Planning Di- rector Siracusa stated that at the meeting of the Planning Commission on January 5, 1988, the application for Change of Zone No. 87-9 was unanimously recommended for denial. This application for change of zone was made by Concept Environmental Sciences, 3684 N. Broadmoor Blvd. for owners Frank A. & Maddalena Smiderle and Matilda Maria Mazzarini, 620 West "G" Street, Ontario, CA 91762. The request was to change the zoning district from R-I-7200, Single Family Residential, to P.R.D.-7, Planned Residential Development on approximately 19.3 acres located on the southerly side of Rialto Avenue, approximately 1,380 feet west of the centerline of Rancho Avenue. (41) Planning Director Siracusa stated she had received a request from the applicants for a continuance, and she told them it was not necessary that they be at this meet- ing. Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that Change of Zone No. 87-9 be continued to 2:00 p.m., Febru- ary 15, 1988. . 28 1/19/88 . APPEAL - PLANNING COMMISSION'S APPROVAL - CONDITIONAL USE PERMIT NO. 87-68 - SENIOR CITIZENS CENTER IN PERRIS HILL PARK In a memorandum dated January 5, 1988, Planning Di- rector Siracusa stated that on December IS, 1987, the Planning Commission approved the Negative Declaration and approved Conditional Use Permit 87-68, to construct a 5,820 square feet senior citizens center in perris Hill Park. She stated that appeals on the Planning Commis- sion's decision had been received from Lester J. Melzer, 711 E. 21st Street and Aaron and Lola Smith, 597 E. 21st Street. (42) An appeal was also filed by Roger Hardgrave, Director of Public Works/City Engineer, on Condition of Approval No. One that states, "Existing mature trees that will be disturbed by the project shall be relocated elsewhere in the Perris Hill Park". Mayor wilcox opened the hearing. Planning Director Siracusa stated that staff recom- mends that the Planning Commission's decision be upheld and that the appeals filed by Mr. Melzer and Mr. and Mrs. Aaron be denied. . Lester Melzer, 711 E. 21st Street, spoke in opposi- tion to the construction of the senior citizens center in Perris Hill Park. He stated he was not against the center itself, just the location, citing traffic problems and the fact there were many other senior citizen facilities in the City. He suggested that the center be built north of the YMCA, which is located in Perris Hill Park. Mrs. Aaron (Lola) Smith, 597 E. 21st Street, spoke against the project, citing traffic problems, and recom- mended that the building be constructed north of the YMCA in Perris Hill Park. Roger Hardgrave, Director of Public Works/City Engi- neer, explained that he felt the requirement to relocate mature fruitless mulberry trees from the construction site would not be practical, as many of them would not survive the move. He suggested tha t the cost of mov ing the trees could better be spent by purchasing new, more attractive trees. Annie Ramos, Director, Parks, Recreation & Community Services, agreed with Mr. Hardgrave that many of the trees would not survive the move. . 29 1/19/88 . Ms. Ramos answered questions regarding the possibil- ity of constructing the senior citizens facility north of the YMCA, stating that accessibility from Highland Avenue at that location is a problem. Ms. Ramos answered questions regarding the funding, stating that she had been informed by the state that sig- nificant progress in the project must be made by May, 1988, or the money can be lost. City Attorney Penman answered questions regarding building in the "0" Zone, stating that the San Bernardino Municipal Code had been amended in November, 1987, to allow this type of construction. Mr. George Jean, 701 E. 21st Street, stated he was not against a senior citizens facility, but was opposed to the proposed location because of traffic problems. He also complained regarding notification procedures by the City. . Planning Director Siracusa answered questions regard- ing notification, stating it had been done according to normal procedures. Some addresses had been left out by the company providing the mailing labels, but her office sent out notices to those who had not received prior notice. Gladys Anderson, 2371 Davidson Avenue, spoke in favor of the senior citizens project, stating there was a real need for this type of facility in the north part of town. Fay Rogers, representing herself and the Senior Af- fairs Commission, spoke in favor of the senior citizens project, stating the Commission had voted unanimously in support of the project. They felt the facility would provide important services to senior citizens. Peggy Broadly, 795 N. Mt. View, spoke in favor of the project, stating she would like to take advantage of the services which would be offered. Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, to close the hearing, deny the appeal, approve the findings and recom- mendations of the Planning Commission, and to delete the requirement to relocate the mature trees as requested by the Director of Public Works. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. . 30 1/19/88 . RECONSIDERATION - RESOLUTION REGARDING RENTAL REHABILITATION PROGRAM - Council Member Flores made a motion, seconded by Council Member Miller, to reconsider the resolution adop- ted previously regarding the Rental Rehabilitation Pro- gram. (See page II) (23) The motion carried by the following vote: Ayes: Council Member Reilly, Flores, Maudsley, Minor, Miller. Noes: Council Member Pope-Ludlam. Absent: Council Mem- ber Estrada. 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 January 4, 1988) (23) Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that pre- vious action by the Council in adopting said resolution be rescinded, and that the resolution be continued to Feb- ruary I, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . RECESS MEETING - CLOSED SESSION At 2:55 p.m., Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the meeting recess to Closed Session pursuant to the following: Government Code 54956.9(b) (I) to confer attorney regarding pending litigation, as there ficant exposure to litigation, with its is signi- (44 ) Government Code 54956.9(c) to confer with ney regarding pending litigation, so that decide whether to initiate litigation, its attor- Council may (45 ) Government Code 54956.9(a) to confer with its attor- ney regarding pending litigation which has been initiated formally and to which the City is a party as follows: (46) !2i.!.Y 0 f Club, Inc. 239193"";-- San Bernardino vs. San Bernardino Baseball San Bernardino Superior Court Case No. Barry Mallek vs. City of San Bernardino, et al - Federal District Court Case No. 87-1615 AWT (BX), . 31 1/19/88 . Barrett, Inc., vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 239913, Salde~~~L~~~~l!Y of San Bernardino, et al - San Bernardino Superior Court Case No. 236836; City of San Bernardino vs. California Construction Management, Inc., et al - San Bernardino Superior Court Case No~-23875S;-------- Cable Lakes Associates vs. City of San Bernardino - Superior Court Case No. 238714, Williams vs. Lemos, et al - San Bernardino Superior Court-ca&e-N~2389r2;--------- Lan~.!l._vs~llL.2.!._~~~ern~.9.i..!l..2. - San Bernardino Superior Court Case No. 234708. 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 as fol- lows: (S-l) 1'homp~.2..!l.--2~-,-~llY.---'?~an~er.!l.~.E.d i no - CIa im No. 85B22-253, . Riv~s vs-,-~llY-.2.!.~an~ern~.E..c:l.i.no - San Bernardino Superior Court Case No. SCV 227757. CLOSED SESSION At 2:55 p.m., the Closed Session was called to order by Mayor Wilcox in the Conference Room of the Council Chambers of City Hall, 300 North "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, Pope-Ludlam, Miller; City Attorney Pen- man, City Administrator Schweitzer. Absent: City Clerk Clark. Also present: Sr. Assistant City Attorney Barlow, Assistant City Attorney Brue. PLANNING DIRECTOR SIRACUSA ARRIVED Planning Director Siracusa arrived at the Closed Session. . 32 1/19/88 . PLANNING DIRECTOR SIRACUSA EXCUSED At 4:30 p.m., Planning Director Siracusa left the Closed Session. DEPUTY CITY ATTORNEY MC QUEEN ARRIVED At 4:40 p.m., Deputy City Attorney Mc Queen arrived at the Closed Session. DEPUTY CITY ATTORNEYS WILSON AND VON KAESBORG ARRIVED At 4:45 Deputy City Attorney Wilson and Von Kaesborg arrived at the Closed Session. ADJOURN CLOSED SESSION At 4:55 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 4: 55 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox, Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller, City Attorney Penman, City Clerk Clark, City Ad- ministrator Schweitzer. Absent: None. RECESS MEETING At 4:55 p.m., the meeting was recessed for five min- utes. RECONVENE MEETING At 5: 03 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox, Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller, City Attorney Penman, City Clerk Clark, City Ad- ministrator Schweitzer. Absent: None. . REVIEW OF PLANS 86-51 - MOUNTAIN SHADOWS VILLAS - REQUEST TO GRANDFATHER - STUBBLEFIELD ENTERPRISES - CONTINUED FROM JANUARY 4, 1988 This is the time and place continued to for consider- ation of a request from Stubblefield Enterprises, appli- cant for Review of Plans 86-51, to grandfather the project 33 1/19/88 . known as Mountain Shadows Villas, a proposal for 492 apartment units located on 29.5 acres at the northerly terminus of Citrus and La praix Avenues, under the prior R-3 Zone District Ordinance, and to exempt it from the provisions of Ordinance MC-550, which was adopted on Octo- ber 20, 1986. (43) Planning Director Siracusa presented the background on Review of Plans 86-51, stating this is not a public hearing item. If the Council does grandfather the proj- ect, it will continue as a Review of Plans application. An EIR must be prepared, which will be used by the Devel- opment Review Committee as information in acting on the application. The project will not go to the Planning Commission unless appealed after a Development Review Committee Action. If the Council does not grandfather the project, in order to proceed, the applicant would have to file an application for a Conditional Use Permit and prepare an EIR. Action on the Conditional Use Permit and certifica- tion of the EIR would be the responsibility of the Plan- ning Commission unless appealed to the City Council after a Planning Commission action. . In either case, neither the project nor the EIR will be able to move forward until either the General Plan update is adopted or OPR removes the conditions which prohibit staff from accepting and/or processing applica- tions north of the line. In a letter dated January 19, 1988, Darlene Fischer, Hill, Farrer & Burrill, 445 South Figueroa Street, Los Angeles, CA 90071-1666, requested an amendment to Section 19.12.210 of the Municipal Code which would state: "If an application for a review of plans was accepted as complete prior to November 21, 1986, the application shall be proces- sed, reviewed, and approved under the ordi- nance which was in effect at the time the application was accepted as complete." Her letter explained why the proposed amendment would be consistent with the City's historic practice and con- sistent with state law in related areas. In a letter dated January 19, 1988, Robert Covington, City Manager, City of Highland, expressed concern regard- ing the grandfathering of Review of Plans 86-51. He en- couraged denial of the applicant's request. . 34 1/19/88 . A letter dated January 18, 1988, was received from Peter B. Brekhus, Brekhus & Williams, 813 D Street, San Rafael, CA 94901, who represented a number of individuals in the Mt. Shadows area, citing several cases and conclud- ing that there appears to be no valid reason why the City of San Bernardino should exempt Stubblefield Enterprises from the provisions of Ordinance MC-550 (R-3 Ordinance). Attorney Darlene Fischer, representing Stubblefield Enterprises, requested an opportunity to speak to the Common Council. Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that as the request to grandfather Review of Plans No. 86-51 was not a public hearing, and because the Council had an opportunity to review all sides of the issue, that the request of Stubblefield Enterprises to grandfather the Review of Plans No. 86-51 under ordinance provisions existing prior to the adoption of MC-550 be denied, and that the proposed project be deemed subject to the current R-3 requirements. . REQUEST FOR RELEASE OF MORATORIUM _ NORTH OF THE LINE The City Clerk read the following motion which was adopted in Closed Session by a 6-1 vote, with Council Member Minor voting no: "The Mayor and Council agreed to ask Mr. Huston Carlyle of the Office of Planning and Research to lift the moratorium north of the line on commercial, industr ial, and R-I-10,800 zoning, and on individually owned lots any lawful size, R-I-7200 and above, and not part of a development." RELEASE OF MORATORIUM - SOUTH OF THE LINE City Attorney Penman presented a letter dated January 14, 1988, from Huston Carlyle, Jr., Office of Planning and Research. Mr. Carlyle stated that effective upon receipt of his letter by the City Attorney's Office, the conditions imposed on the City in his letters dated June II, July 3, and August 18, of 1987, relating to the area south of moratorium line, were lifted subject to seven exceptions and restrictions which were listed. . 35 1/19/88 . RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433 ENTITLED IN PART "A RESOLUTION . CREATING AND ES- TABLISHING POSITIONS FOR THE VARIOUS DE- PARTMENTS OF THE CITY OF SAN BERNARDINO", BY CHANGING THE NUMBER OF SENIOR PLANNER POSITIONS FROM 2 TO 3, PLANNER II POSITIONS FROM 3 TO 4, PLANNER I POSITIONS FROM 3 TO 4 AND ESTABLISHING THE POSITION OF TYPIST CLERK III. (Continued from January 4,1988) (26) The Mayor and Common Council discussed the hiring of additional personnel for the Planning Department. City Attorney Penman urged the Council to go forward due to the current case load burden in the Planning De- partment, and the importance of processing the applica- tions within the legal time limits. The recent letter from Huston Carlyle of the State Office of Planning and Research releasing projects south of the moratorium line will greatly increase the amount of processing the Plan- ning Department is required to do. . Planning Director Siracusa answered questions regard- ing the current vacancies within the Planning Department and her efforts to fill those positions. City Administrator Schweitzer answered questions of the Council, stating that the City is $200,000 ahead in salary savings. Mayor Wilcox urged the Council to either approve the positions or authorize the Planning Director to contract for the services. The Council discussed the possibility of easing the case load by contracting the services until the mid-year budget review when the Council has time to look at the overall budget. Planning Director Siracusa stated that she had made contact with a company that provides contracting services, but emphasized that it is difficult to find experienced planners who will contract when there are many opportuni- ties for permanent positions. Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the resolution authorizing additional positions for the Plan- . 36 1/19/88 . ning Department be continued to February I, 1988, and that the Planning Director be instructed to explore the costs and availability of contract planners to fill the posi- tions and report her findings to the Mayor and Common Council on February 1, 1988. RECESS MEETING - COMMUNITY DEVELOPMENT/REDEVELOPMENT AGENCY CLOSED SESSION The Regular Meeting of the Mayor and Common Council recessed to a Community Development/Redevelopment Agency Closed Session. (R-13) RECONVENE MEETING At 6:07 p.m.. the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox, Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller, City Attorney Pen- man, City Administrator Schweitzer. Absent: City Clerk Clark. . ENTERPRISE ZONE STATUS REPORT, 1986-1987 In a memorandum dated January 12, 1988, Glenda Saul, Executive Director of the Redevelopment Agency, presented the Enterprise Zone Status Report for 1986-1987. (RS-I) Council Member Minor made Council Member Miller, to receive Zone Status Report for 1986-87. a motion, seconded by and file the Enterprise The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: Council Member Pope-Ludlam. Absent: None. ADJOURNMENT At 6:07 p.m., Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the meeting be adjourned to 4:00 p.m.. Monday, Jan- uary 25, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (48) ~~~0 /' City Clerk . NO. of Items: No. of Hours: 56 7'7. 37 1/19/88