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HomeMy WebLinkAbout02-01-1988 Minutes " . City of San Bernardino, California February 1, 1988 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox at 9:05 a.m., on Monday, February 1, 1988, in the Council Chambers of City Hall, 300 North "0" 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 Councilwoman Norine Miller of the Seventh Ward. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Deputy City Attorney Loren McQueen, City Clerk Clark, City Administrator Schweitzer. Absent: None. . PUBLIC COMMENTS - THE SWORD - HOUSE OF YING - REPRESENTING THE HOMELESS AND NEEDY A citizen, identifying himself as the Sword, Commander-in-Chief of the House of Ying, Ltd., spoke re- garding his organization, which serves the homeless and needy. A copy of his list of complaints and requests was provided. (A) Describing himself as a revolutionary, the Sword spoke regarding the scope of the House of Ying, Ltd. The Sword withdrew his request for the resignation of Business License Supervisor Lee Gagnon of the City Clerk's Office, stating that he had met with Mr. Gagnon and realized his mistake in previously stating that Mr. Gagnon was not performing his duties appropriately. CITY ATTORNEY PENMAN ARRIVED At 9:24 a.m., City Attorney Penman arrived at the Council Meeting and replaced Deputy City Attorney McQueen. . PUBLIC COMMENTS - SUSAN RITTER, DIRECTOR OF MENTAL HEALTH ASSOCIATION - 101 N. "I" STREET Susan Ritter, the new Director of the Mental Health Association, located at 101 North "I" Street, was present to request that the Mayor and Common Council reconsider 1 2/1/88 . their action from the previous meeting of the Redevelop- ment Agency, concerning the eviction of the Mental Health Association from their present location, which is owned by the Redevelopment Agency. (A) Ms. Ritter stated that they have found another build- ing in which to relocate the Mental Health Association. A lease has been prepared for signature, an application has been made for a Conditional Use Permit for the new loca- tion and her realtor was present at the meeting to answer any questions. She requested that the eviction be post- poned until they can move into the new location to pre- clude interruption of their services to their 64 clients. James Penman, City Attorney, answered questions re- garding the hearing of this item later in the meeting when the Mayor and Common Council meet as the Community Development Commission. . Mayor Wilcox suggested that the item be put on the agenda of the meeting of the Mayor and Common Council to be held at Noon, February 5, 1988, in the MIC Room, Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. (See RDA Minutes) PROCLAMATION - FEBRUARY, 1988 - BRING LOVE INTO YOUR HOME WITH A CAT MONTH Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Ber- nardino, proclaiming the month of February, 1988, as Bring Love Into Your Home With A Cat Month, in order to support the national cat adoption campaign. (B) Debbie Biggs, Director of Animal Control, and several representatives from the Animal Control Department, were present to accept the proclamation. PRESENTATION - SERVICE PIN AWARDS Mayor Wilcox made the following presentations for City employees: service pin award (B) 5 Year Pins Edward Gutierrez, Jr., Public Services/Refuse (not present) William Kemp, Public Services/Refuse (not present) Edward Oliveros, Public Services/Refuse (not present) Laszlo Fogassy, Engineering (present) . 2 2/1/88 . 10 Year pins Jenifer Aragon, Police Department (present) Robert Descaro, Police Department (present) Johnnie Montecino, Police Department (present) Debbie Gallardo, Public Buildings (not present) Edward Jones, SBETA (present) 15 Year pins Daniel Bloomer, Police Department (present) 20 Year pins James Owens, Police Department (not present) 25 Year pin Robert Clayton, Fire Department (present) Richard Fryer, Fire Department (present) Glenn Parkerson, Fire Department (present) Dean Felix, Garage (present) . 30 Year Pins Frank Montano, Public Services/Streets (present) Pedro Carrasco, Public Services/Streets (not present) COUNCIL MEMBER MAUDSLEY EXCUSED Council Member Maudsley left the Council Meeting. APPROVAL OF MINUTES - JANUARY 19, 1988 Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 19th of January, 1988, be approved as amended on Page 3, the second to last paragraph, by changing the rate of increase to read 50% instead of 15%. (1 ) . MID-YEAR BUDGET REVIEW - SET FOR FEBRUARY 5, 1988 AT NOON Pursuant to a memorandum from City Administrator Schweitzer dated January 25, 1988, Council Member Pope- Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the 1987-88 Mid-Year Budget Review be scheduled for Noon, Friday, February 5, 1988, in the MIC Room, Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. (2) 3 2/1/88 . PUBLIC HEARING SET - MARCH 7, 1988 AT 4:30 P.M. - NO SMOKING ORDINANCES Pursuant to a memorandum from City Administrator Schweitzer dated January 21, 1988, Council Member Pope- Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that a public hearing for the purpose of discussion/review of the proposed "No Smoking" ordinances be set for Monday, March 7, 1988, at 4:30 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (3) MINIMUM WAGE I~PACT REPORT In a memorandum dated January 26,1988, Roger DeFratis, Assistant Personnel Director, provided a report concerning the impact on City departments of the new minimum wage of $4.25 to become effective July 1, 1988. Mr. DeFratis noted that the three programs directly impacted are the Crossing Guards, Recreation and Public Building Custodial services. The total cost increase to the City is $158,915. (4) . Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the report relative to the minimum wage impact be received and filed. OUT-OF-STATE TRAVEL - PUBLIC EDUCATION WORKSHOP AND SEMINAR - BULLHEAD CITY, ARIZONA - FEBRUARY 5 - 7, 1988 - ELIZABETH CALDERA, FIRE DEPARTMENT In a memorandum dated January 8, 1988, Gerald New- combe, Fire Chief, requested authorization for Inspector/ Public Educator Elizabeth Caldera of the Fire Department to travel out of state to the Public Education Workshop/ Seminar at Bullhead City, Arizona, February 5 - 7, 1988. (6 ) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that authorization for Inspector/Public Educator Elizabeth Caldera, Fire Department, to attend a Public Education Workshop/Seminar in Bullhead City, Arizona, February 5 - 7, 1988, be approved. . 6TH WARD PARK EXTENSION FUNDS - SCOREBOARD - ANNE SHIRRELLS PARK In a memorandum dated January 15, 1988, Annie Ramos, Director of Parks, Recreation & Community Services, stated that an extra scoreboard from Fisca1ini Field can be re- located to Anne Shirrells Park at an estimated cost of $3,500. (7) 4 2/1/88 . council Member Pope-Ludlam made motion, seconded by Council Member Miller and unanimously carried, that $3,500 from the Sixth Ward Park Extension Fund be approved for the installation of a scoreboard at Anne Shirrells Park. VACATION OF PORTIONS OF MAIN AND BROADWAY STREETS, BETWEEN "I" AND "J" STREETS - PLAN APPROVAL - AUTHORIZATION TO PROCEED In a memorandum dated January 19, 1988, Roger Hard- grave, City Engineer, stated that the Redevelopment Agency has requested that portions of Main and Broadway Streets, between "I" and "J" Streets, which are adjacent to the Atchison, Topeka and Santa Fe Railway right of way, be vacated. The request is a result of an objective of the Central City South assessment district and overlay zone to install a railroad crossing at "F" Street, south of Rialto Avenue. (11) . Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that Plan No. 7422 for the vacation of portions of Main Street and Broadway Street between "I" Street and "J" Street, be approved and that the City Engineer and the City Clerk be authorized to proceed. CLAIMS AND PAYROLL Council Member Pope-Ludlam made a motion, seconded by Council Member Miller 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: (12) 1. Approve the register of demand dated: January 13, 1988 87/88 #25 $1,153,533.77 2. Approve the total gross payroll for the period December 21, 1987, through January 3, 1988, in the amount of $1,328,389.79. PERSONNEL ACTIONS Council Member Pope-Ludlam made a motion, seconded by Council Member Miller 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: (13) . 5 2/1/88 . APPOINTMENTS Public Works/Public Buildings Building Maintenance Mechanic - Effective February 2, 1988 Ricardo Benitez Charles R. Blakely Carol L. Doemner - Account Clerk II - Effective February 2, 1988 Fire/Dispatch Dispatcher I - Effective February 2, 1988 Billie Devoll Mary Evans APPOINTMENT/TEMPORARY Police Department Karen L. Dake - Dispatcher I/Part-Time - Effective February 2, 1988 . Parks, Recreation & Community Services Raymond Waller - Senior Recreation Leader - Effective February 2, 1988 Irene L. Wessel - Recreation Specialist - Effective February 2, 1988 Rickey Cordova - Recreation Leader - Effective February 2, 1988 Lifeguard - Effective February 2, 1988 Yvonne Fagan Colleen Overcast Public Services/Refuse Extra Relief Heavy Laborer - Effective February 2, 1988 . Armando R. Anaya Pablo A. Astorga Coriedus L. Buffington John B. Gonzales Alex E. Rodriquez Marcus T. Thompson Tony J. Williams Ernest T. Aparicio Ramon N. Avila Jessie L. Dixon Pedro B. Gonzales Tuli Taupau Kevin Ware William L. Pierce 6 2/1/88 . APPOINTMENT/PROVISIONAL Police Department Tisha Calderilla - Police Clerical Trainee - Effective February 2, 1988 PROMOTION Police Department Mary Alvord - Account Clerk II from Typist Clerk II - Effective February 2, 1988 Robert E. Bennett - Dispatcher Supervisor from Dispatcher II - Effective February 2, 1988 Leo Dooley, Jr. - Dispatcher II from Dispatcher I - Effective October 21, 1987 PROMOTION/PROVISIONAL . Public Works/Public Buildings W. Kevin Van Nortwick - Electrical and HVAC Mechanic - Effective February 2, 1988 TRANSFER Fire/Communications Shereen Garcia - Dispatcher II from Fire Communi- cations to Police Dispatch - Effective February 2, 1988 COUNCIL MEMBER MAUDSLEY RETURNED Council Member Maudsley returned to the Council Meet- ing and took his place at the Council Table. . PATTON PARK PROPERTY STATUS REPORT In a letter dated January 25, 1988, Annie Ramos, Director of Parks, Recreation and Community Services, provided a status report of the progress being made to develop the Patton Park property. She advised that the City Attorney's office is reviewing the City's agreement with the State in order to make an opinion on whether or not the amount of work completed to date at Patton Park is sufficient to satisfy the original agreement with the State. (5) 7 2/1/88 . Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the status report regarding the Patton Park property be con- tinued to later in the afternoon. (See Page 38) COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council Meeting. SIDEWALK - MT. VERNON AVENUE, FROM UNION STREET TO 21ST STREET - CHANGE ORDER NO. 1 - CONTRACT - GOSNEY CONSTRUCTION In a memorandum dated January 21, 1988, Roger Hard- grave, City Engineer, stated that during sidewalk fill-in construction on Mt. Vernon Avenue from Union to 21st Street by Gosney Construction, it was determined that portions of the existing sidewalk had deteriorated and would not align with the new construction. (8) . Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the matter concerning Change Order No. 1 to the contract with Gosney Construction for the construction of a side- walk on Mt. Vernon Avenue, from Union Street to 21st Street, be continued to later in the afternoon. (See Page 38 ) VACATION OF EAST/WEST ALLEY - SOUTH OF 10TH STREET, EAST OF "H" STREET - PUBLIC WORKS PROJECT 87-31 - NEGATIVE DECLARATION In a memorandum dated January 12, 1988, Roger Hard- grave, City Engineer, stated that the proposed vacation of an east/west alley located south of 10th Street, east of "H" Street, has been reviewed by the City's Environmental Review Committee. A determination was made that no signi- ficant impact would be made upon the environment. He recommended the adoption of a Negative Declaration. (9 ) The Council asked for documentation of the negative declaration. Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the proposed adoption of a Negative Declaration for Public Works Project 87-31, be continued to later in the after- noon. (See Page 39) . 8 2/1/88 . VACATION OF NORTH/SOUTH ALLEY - WEST OF MT. VERNON, BETWEEN 16TH STREET AND EVANS STREET - PUBLIC WORKS PROJECT 87-30 - NEGATIVE DECLARATION In a memorandum dated January 12, 1988, Roger Hard- grave, City Engineer, stated that the proposed vacation of a north/south alley located west of Mt. Vernon, between 16th Street and Evans Street, has been reviewed by the City's Environmental Review Committee. A determination was made that no significant impact would be made upon the environment. He recommended the adoption of a Negative Declaration. (10) Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the proposed adoption of a Negative Declaration for Public Works Project 87-30, be continued to later in the after- noon. (See Page 39 ) . SPIRIT BASEBALL CLUB PRESENTATION - FORMER COUNCILMAN MARKS In a memorandum dated January 28, 1988, Councilman Reilly requested that former Councilman Steve Marks be given time to give a presentation regarding the history, background, and funding mechanism used for bringing the Spirit Baseball Club to the City of San Bernardino. (S-2 ) Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that the request be tabled. (This item was later reconsidered _ See Page 33) COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council Meeting and took her place at the Council Table. HEARING - CITY OF SAN BERNARDINO SHARING COSTS WITH CITY OF COLTON - PHASE I OF MILL STREET STORM DRAIN In a letter dated December 22, 1987, Mayor Frank Gonzales, 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. (14) Ray Schweitzer, City Administrator, answered ques- tions regarding additional back-up information on this and all Council agenda items. . 9 2/1/88 . council Member Maudsley ~ade a motion, seconded by Council Member Miller and unanimously carried, that the hearing concerning the sharing of costs for Phase I of the Mill Street storm drain, be continued to the 9:30 a.m., March 7, 1988, meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, and that staff provide more back-up concerning past history of the Mill Street storm drain. READING AND WAIVING OF RESOLUTIONS ON THE AGENDA City Clerk Clark read the titles of all of the reso- lutions on the agenda. Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolutions be waived. COUNCIL MEMBERS MINOR AND POPE-LUDLAM EXCUSED Council Members Minor and Pope-Ludlam left the Coun- cil Meeting. . 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 Janu- ary 19, 1988) (18) Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be continued to the February 15, 1988, Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. (This resolution was later reconsidered - See Page 11) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING CITY PERSONNEL ACCESS TO CRIMINAL INFORMATION HISTORY NEEDED TO EVALUATE PROS- PECTIVE APPLICANTS FOR EMPLOYMENT, CERTIFI- CATION AND LICENSING, AND REPEALING RESOLU- TION NO. 87-16. (Continued from January 19, 1983) (19) . Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be continued to the February 15, 1988, Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. 10 2/1/88 . COUNCIL MEMBERS MINOR AND POPE-LUDLAM RETURNED Council Members Minor and Pope-Ludlam returned to the Council Meeting and took their places at the Council Table. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH PACIFICORP CAPITAL, INC., RELATING TO EQUIPMENT. (City Hall Furniture) (Continued from January 19, 1988) (20) Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be tabled. RECONSIDERATION OF RESOLUTION Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the resolution concerning an escrow services agreement for the Rental Rehabilitation Program between the City and Community Development Financial Corporation, be recon- sidered. (See Page 10) . RES. 88-19 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZ ING AND DIRECTING THE EXECUTION OF AN ESCROW SERVICES AGREEMENT FOR THE RENTAL REHABILITATION PROGRAM BETWEEN THE CITY OF SAN BERNARDINO AND COMMUNITY DEVELOP- MENT FINANCIAL CORPORATION. (Continued from January 19, 1988). (18) Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be adopted. Resolution No. 88-19 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. . RES. 88-20 - 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 January 19, 1988) (17) 11 2/1/88 . James Penman, City Attorney, answered questions re- garding Chapter 2.20 of the Municipal Code, which outlines the procedure for hiring outside counsel, stating that it is a conflict of interest for the City Engineer to recom- mend the bond counsel suggested by the developer of a project. Roger Hardgrave, Ci ty Eng ineer, stated he would notify the City Attorney of RFPs and when meetings are set for panel review of bond counsel. Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 88-20 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: Council Member Minor. Absent: None. PUBLIC HEARING - 50% INCREASE IN BUILDING PERMIT FEES TO CORRESPOND WITH UNIFORM BUILDING CODE In a memorandum dated January 21,1988, James Richardson, Deputy City Administrator-Development Ser- vices, proposed increases in building permit fees associ- ated with the 1985 Uniform Building Code (UBC). (15) . In Legal Opinion No. 88-6, 10.38, dated February 1, 1988, James Penman, City Attorney, concluded that the 1985 Uniform Building Code is currently in effect in the City, and the increased fees provided in that enactment should be charged by the City. Should the City desire to in- crease fees beyond fees allowed by the Uniform Building Code, it must be done on very specific findings as out- lined in the Statutes in relation to climatic, geological or topographical conditions. Mayor wilcox opened the hearing. City Attorney Penman answered questions regarding his written legal opinion, which stated that provisions of the Uniform Building Codes are automatically applicable to each jurisdiction, unless specific findings for alter- native adoptions have been made by the local agency. City Attorney Penman stated that for approximately the last year, the revised Uniform Building Codes have been applicable to the City and that revenue from building fees has been lost. . James Richardson, Deputy questions regarding the date became effective. City Administrator, answered the Uniform Building Codes 12 2/1/88 . Steve Braswell, representative of the Building Industry of America, spoke against the fee increase, as the City and building industry are feeling the effects of the building moratorium. Council Member Minor made a motion, seconded by Coun- cil Member Flores and unanimously carried, that the Mayor and Common Council close the public hearing and endorse the 1985 UBC schedules as published for inclusion in an ordinance adopting the new codes. Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the report concerning the cost revenue information made by the Building and Safety Department, be received and filed. PROTEST HEARING - VACATION OF ALLEY - WEST OF "H" STREET, SOUTH OF ESPERANZA STREET This is the time and place set for a protest hearing concerning the vacation of an alley west of "H" Street, south of Esperanza Street. (16) . City Attorney Penman stated that he had received the resolution after the agenda deadline, which precluded it being included in the agenda back-up. Ray Schweitzer, City Administrator, answered ques- tions regarding information in the agenda packet. Shauna Clark, City Clerk, answered questions regard- ing the handling of continued items in the agenda. Roger Hardgrave, City Engineer, answered questions regarding his staff report concerning the alley vacation. Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the protest hearing concerning the vacation of an alley west of "H" Street, south of Esperanza Street, be continued to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held February 15, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . 13 2/1/88 . RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433 ENTITLED IN PART "A RESOLUTION...CREATING AND ESTABLISHING POSITIONS FOR THE VARIOUS DEPARTMENTS 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 19, 1988) (21) Ann Siracusa, Planning Director, spoke concerning temporary planning services, and recommended against the employment of a planning service due to high costs. Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be continued to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held February 15, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . RES. 88-21 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZ ING 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 EXPANSION OF BUSINESS. (Continued from January 19, 1988) (22) At the January 19, 1988, meeting of the Mayor and Common Council of the City of San Bernardino, the resolu- tion concerning the loan agreement between the City and Meal Management, Inc. was continued to this date so that a representative of Meal Management, Inc. could be present to answer questions, and provide a list of board and care homes they serve. Ken Henderson, Director of Community Development, answered questions regarding the location of the property, and recommended that the client list not be made public due to competitors. Mr. Conrad, answered questions and the employment representing Meal Management, Inc., concerning other methods of assistance, of five residents of the city. . Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be adopted. 14 2/1/88 . Resolution No. 88-21 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. 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 January 4, 1988) (23) City Attorney Penman answered questions regarding insurance on the property, stating that an attempt is being made to obtain $1,000,000 of insurance. Linda Savage, representing the Y.W.C.A., answered questions regarding the scheduled opening of the Teddy Bear Tymes child care facility, and stated that $1,000,000 of liability insurance had been obtained. . Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be continued to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held March 7, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A SCHEDULE OF FEES FOR USE OF THE PERRIS HILL PISTOL RANGE, SAN BERNARDINO, CALIFORNIA; AND REPEALING RESOLUTION NO. 87-288. (24) Council Member Flores made a motion, seconded by council Member Maudsley, that said resolution be adopted. In a letter dated January 29, 1988, President of the Elks pistol Team, opposed the fees for use of the pistol range. George Bohn, an increase in . Tom Hudspeth, 290 N. "0" Street, San Bernardino, representing the Elks and the San Bernardino pistol Club, spoke against a fee increase for use of the pistol range. He stated that the proposed fee increase to $8 per day would make the City of San Bernardino the most expensive range in the state for private citizens and that the fee increase, along with the limited use available to the public, would encourage shooting in the foothills and outer limits of the city. 15 2/1/88 . James Penman, City Attorney, answered questions con- cerning insurance liability of the city. He encouraged lower fees for use of the range to keep the public from shooting in the outer limits of the city. Council Member Minor made a substi tute motion, seconded by Council Member Miller and unanimously carried, that said resolution be referred to the ways and Means Committee in order that a meeting be held with the Police Department, City Attorney and the public, and that a report come back to the Mayor and Common Council with information regarding costs for use of the pistol range. 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. . SETTING OF PUBLIC HEARING - YWCA PURCHASE OR LEASE OF REDEVELOPMENT AGENCY PROPERTY - 566 N. LUGO - SUBLEASE TO TEDDY BEAR TYMES CHILD CARE FACILITY In a memorandum dated January 25, 1988, Glenda Saul, Executive Director of the Redevelopment Agency, recom- mended a public hearing be set to consider the approval of a 50-year lease between the City, the Redevelopment Agency and the YWCA for property located at 566 N. Lugo. A por- tion of the property is planned for sublease from the YWCA to Teddy Bear Tymes child care facility. (R-6) Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that a joint public hearing to consider the sale or lease of real property among the City of San Bernardino, the Redevelop- ment Agency and the YWCA, be set for 11:00 a.m., Monday, March 7, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. NO. 88-22 - 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 - LIBRARY. (R-7a) City Clerk Clark read the title of the resolution. . 16 2/1/88 . Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that fur- ther reading of the resolution be waived and that said resolution be adopted. Resolution No. 88-22 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. PARKING AGREEMENT - VANIR DEVELOPMENT - THRIFTY BUILDING - "E" STREET In a memorandum dated January 27, 1988, Glenda Saul, Executive Director of the Redevelopment Agency, provided a copy of the recommendation of Senior Assistant City Attorney Barlow that notification be made to Vanir Research Company that their lease of 85 spaces within the five-level parking structure automatically terminated with their transfer of the Thrifty building lease to Sumitomo Bank. (R-lla) . In a memorandum dated January 29, 1988, Wayne Over- street, Superintendent of Public Buildings/Parking Con- trol, provided background information regarding lease agreements and amendments to the leases for the five-level parking structure. Glenda Saul, Executive Director of the Redevelopment Agency, answered questions, stating that the ownership of the Thrifty building by Mr. Dominquez' of Vanir Research Company ceased in September, 1987. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the Community Development Commission be authorized to send a letter to Vanir Research Company notifying them that their parking lease and maintenance agreement has automatically terminated with the transfer of the Thrifty building. CENTRAL CITY PARKING PLACE COMMISSION CONCERNS Wayne Overstreet, Superintendent of Public Buildings/ Parking Control, was present to answer questions and stated concerns expressed by the Central City Parking Place Commission regarding the five-level parking struc- ture, the possible effects of parking leases on the Main Street Beautification Program and the building located at Second and "D" Streets. . 17 2/1/88 . Senior Assistant City Attorney Barlow spoke regarding the history of the leases and amendments regarding the five-level parking structure, particularly those dated 2/23/81 and 4/27/84 relative to the Main Street Beauti- fication Program in the Redevelopment Agency Project Area. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the concerns of the Central City Parking Place Commission, as expressed by the Superintendent of Public Buildings/Park- ing Control, be referred to the Redevelopment Agency Com- mittee for review. SETTING OF PUBLIC HEARING - REDEVELOPMENT AGENCY TAX ALLOCATION REFUNDING BONDS - CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA In a memorandum dated January 28, 1988, Glenda Saul, Executive Director of the Redevelopment Agency, recom- mended that a public hearing be held concerning tax allocation refunding bonds for the Central City North Redevelopment Project Area as the market is favorable for a potential savings. (RS-1) . Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that a pUblic hearing be set for 9:00 a.m., February 15, 1988, in connection with the issuance by the Redevelopment Agency of the City of San Bernardino of certain tax allocation refunding bonds in the principal amount of approximately $7,400,000 in connection wi th the refunding of the Agency's previously issued Central City North Redevelop- ment Project Area, tax allocation bonds, issue of 1982. SETTING OF PUBLIC HEARING - REDEVELOPMENT AGENCY TAX ALLOCATION REFUNDING BONDS - SOUTHEAST INDUSTRIAL PARK In a memorandum dated January 28, 1988, Glenda Saul, Executive Director of the Redevelopment Agency, recom- mended that a public hearing be held concerning tax allocation refunding bonds for the Southeast Industrial Park Project Area as the market is favorable for a poten- tial savings. (RS-2b) . Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that a public hearing be set for 9:00 a.m., February 15, 1988, in connection with the issuance by the Redevelopment Agency of the City of San Bernardino of certain tax allocation refunding bonds in the principal amount of approximately 18 2/1/88 . $13,125,000 in connection Agency's previously issued Redevelopment proj ect Area, bonds, issue of 1983. with the refunding of the Southeast Industrial Park tax allocation refunding RECESS MEETING - CLOSED SESSION At 11: 44 a.m., the Community Development Commis- sion/Redevelopment Agency, recessed for Closed Session pursuant to Government Code Section 54956.9 (a) to confer with its attorneys regarding pending litigation which has been formally initiated and to which the Commission is a party. The title of the litigation is Redevelopment Agency of the Cl!Y. of San Bernardino versus Mental Health Association of San Bernardino County, Case 237.481. (R-13) RECONVENE MEETING At 12: 20 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: None. RECESS MEETING At 12:20 p.m., Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the meeting recess to the Management Infor- mation Center (MIC Room), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California, for a luncheon workshop. RECONVENE MEETING AT 12:45 p.m., Mayor Wilcox called the Regular Meet- ing of the Mayor and Common Council of the City of San Bernardino to order in the Management Information Center (MIC Room), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. . ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Deputy City Attorney Wilson, City Clerk Clark, City Administrator Schweitzer. Absent: None. 19 2/1/88 . LUNCHEON WORKSHOP - VISITOR & CONVENTION BUREAU - CHAMBER OF COMMERCE In a letter dated January 20, 1988, Les Dabritz, Executive Vice President of the San Bernardino Area Cham- ber of Commerce, confirmed the setting of the workshop meeting to update the Mayor and Common Council with the Chamber of Commerce's progress in establishing an ade- quately funded and staffed Visitor & Convention Bureau. He stated that the workshop precedes the Chamber's formal proposal to the Ways & Means Committee and Common Council for financial assistance in establishing the proposed bureau. (42) Sam Henley, Executive Director of the San Bernardino Economic Development Council and a member of the Visitor & Convention Bureau Steering Committee, stated that tourism is the #2 industry in the State of California, and amounts to a thirty-two billion dollar industry, generating 2.1 million jobs and supporting 18% of the state's entire workforce. $739,000 of that total came to San Bernardino County - $11,000,000 in tax revenue. A l3-minute video regarding tourism in the states of Washington and Oregon was presented. . Dr. David Porter of Cal State University and a member of the Visitor & Convention Bureau Steering Committee, spoke of the need to establish a Visitor & Convention Bureau. Patrick Caffery of La Quinta Motor Inn and a member of the Visitor & Convention Bureau Steering Committee, gave a recap of the accomplishments of the committee. Les Dabritz, Executive Vice President of the San Bernardino Area Chamber of Commerce and a member of the Visitor & Convention Bureau Steering Committee, presented the Chamber of Commerce San Bernardino City Tourist Sur- vey. He spoke regarding the development of the existing Visitor & Convention Bureau and the tremendous number of requests for service. Patrick Caffery of the Steering Committee, recom- mended that the Visitor & Convention Bureau become a sub- sidiary to the San Bernardino Chamber of Commerce, and that a nine member board be formed. . He answered questions regarding a similar convention bureau in the City of Riverside. 20 2/1/88 . Mayor wilcox provided background information regard- ing the transient occupancy tax. Gil Snyder, the newly elected President of the San Bernardino Area Chamber of Commerce, urged the City to jump in and fund the visitor & Convention Bureau. Patrick Caffery, a member of the steering committee, reminded the Mayor and Common Council of the 500 hotel rooms on line in the City, and the importance of marketing the City for its economic benefit. Members of the visitor and Convention Bureau Steering Committee recommended that the City use the transient occupancy tax revenue to fund the Visitor & Convention Bureau, and off-set the loss to the General Fund with revenue from off-track betting at the Orange Show. Les Dabritz, a member of the steering committee, requested an opportunity to sit down with the Ways & Means Committee and talk about funding. . Members of the Common Council spoke regarding the City's limited ability to fund the bureau, and the need to consider this matter after the mid-year budget review. It was agreed that the Visitor & Convention Bureau would be referred to the Ways & Means Committee for study. Mayor wilcox stressed the importance of making an investment in the community to attract tourism. RECESS MEETING At 1:50 p.m., Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the meeting recess until 2:00 p.m. RECONVENE MEETING At 2:01 p.m., the Regular Meeting of the Community Development Commission/Redevelopment Agency, reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, City Clerk Clark, City Administrator Schweitzer, Glenda Saul, Execu- tive Director of the Redevelopment Agency. Absent: None. 21 2/1/88 . RECESS MEETING - CLOSED SESSION At 2:01 p.m., the meeting recessed to Closed Session pursuant to Government Code Section 54957 regarding per- sonnel matters. (R-12) RECONVENE MEETING At 3:10 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: None. ACKNOWLEDGEMENT OF ATTENDANCE Mayor Wilcox acknowledged the Rotary Life Scholarship Class members present in the audience. . Paul Green, President of the class, introduced the members present. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. RES. 88-23 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA AUTHORIZING THE STATE OF CALIFORNIA TO FUR- NISH THE SERVICES OF ADMINISTRATIVE LAW JUDGES, HEARING REPORTERS AND OTHER STAFF PERSONNEL TO CITY FOR THE PURPOSE OF CONDUCT- ING HEARINGS UNDER THE AUTHORITY OF GOVERN- MENT CODE SECTION 27727. (25) Council Member Minor made a motion, seconded by Coun- cil Member Maudsley, that said resolution be adopted. Resolution No. 88-23 was vote: Ayes: Council Members Maudsley, Minor, Miller. Noes: Member Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, None. Absent: Council . 22 2/1/88 . RES. 88-24 - 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 ASSISTANT DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES AT RANGE 4157 ($3528-4297/MO.) (26) Ray Schweitzer, City Administrator, answered ques- tions concerning the hiring freeze. Annie Ramos, Director of Parks, Recreation and Com- munity Services, answered questions regarding the re- quested change of positions, stating that it was the result of the management study on job classifications and reorganization of the department. She stated that a savings would result from the changes, and that no addi- tional positions were being created. . She also answered questions concerning the down- grading of two out of four lead positions, resulting in more supervisory responsibilities at higher levels. Council Member Reilly made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 88-24 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. RES. 88-25 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION...ESTABLISHING A BASIC COMPENSATION PLAN..."; BY ADDING THE POSITIONS OF PARK PROJECTS COORDINATOR AT RANGE 1116 ($2383-2903/MO) LANDSCAPE INSPECTOR AT RANGE 1108 ($2l57-2631/MO) AND AFFIRMATIVE ACTION CLERK AT RANGE 1073 ($1400-1708/MO). (27) Council Member Minor made a motion, seconded by Coun- cil Member Reilly, that said resolution be adopted. . Resolution No. 88-25 was vote: Ayes: Council Members Maudsley, Minor, Miller. Noes: Member Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, None. Absent: Council 23 2/1/88 . RES. 88-26 - RESOLUTION OF THE CITY OF SAN BERNARDINO A!1ENDING RESOLUTION NO. 6433 EN- TITLED IN PART "A RESOLUTION. ..CREATING AND ESTABLISHING POSITIONS FOR THE VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO"; ESTABLISHING THE POSITION OF AFFIRMATIVE ACTION CLERK AND DELETING THE POSITION OF INTERMEDIATE TYPIST IN THE AFFIRMATIVE ACTION DIVISION AND ESTABLISHING THE POSITIONS OF ASSISTANT DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES; PARK PROJECTS COORDI- NATOR; LANDSCAPE INSPECTOR; ADMINISTRATIVE OPERATIONS SUPERVISOR II; TYPIST CLERK II; AND TYPIST CLERK III AND DELETING THE POSI- TIONS OF SENIOR STENOGRAPHER CLERK; INTER- MEDIATE TYPIST CLERK AND ADMINISTRATIVE ASSISTANT IN THE PARKS, RECREATION AND COM- MUNITY SERVICES DEPARTMENT. (28) Council Member Minor made a motion, seconded by Coun- cil Member Reilly, that said resolution be adopted. . Resolution No. 88-26 was vote: Ayes: Council Members Maudsley, Minor, Miller. Noes: Member Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, None. Absent: Council RES. 88-27 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO AGREEMENT WITH THE JOHN HANCOCK LIFE INSURANCE COMPANY, RELATING TO AN EXTENSION OF THE AGREEMENT FOR ADMINI- STRATIVE SERVICES AND STOP-LOSS INSURANCE ON THE CITY'S INSURANCE AND BENEFIT PROGRAMS. (29) Council Member Maudsley made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 88-27 was vote: Ayes: Council Members Maudsley, Minor, Miller. Noes: Member Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, None. Absent: Council . RES. 88-28 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT WITH KAISER FOUN- DATION HEALTH PLAN, INC., RELATING TO A CHANGE IN RATES, EFFECTIVE JANUARY 1, 1988. (30) 24 2/1/88 . Council Member Miller made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 88-28 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. RES. 88-29 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING CONDITIONS OF ELIGI- BILITY FOR SPOUSES OF DECEASED CITY PERS RETIREES FOR CONTINUED COVERAGE UNDER CITY'S COMPREHENSIVE MEDICAL PLAN. (31) Council Member Flores made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 88-29 was vote: Ayes: Council Members Maudsley, Minor, Miller. Noes: Member Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, None. Absent: Council . COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. RES. 88-30 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH RICHARDS, WATSON AND GERSHON FOR CONSULTING SERVICES RELATING TO LABOR RELATIONS MATTERS. (32) Ray Schweitzer, City Administrator, answered ques- tions regarding the manner in which RFPs were handled. Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be adopted. Resolution No. 88-30 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. . 25 2/1/88 . RES. 88-31 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLE- MENT NO. 49 TO LOCAL AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 8-5033 BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTA- TION. (Traffic signals at Mill and "G" Streets) (33) Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 88-31 was adopted by the fOllowing vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. . RES. 88-32 - A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZ ING AND DIRECTING THE MAYOR OF THE CITY OF SAN BERNARDINO TO ACCEPT A GRANT DEED FROM UNIVERSITY SQUARE, A JOINT VENTURE, FOR A CERTAIN PARCEL OF LAND LOCATED AT THE SOUTHEAST CORNER OF KENDALL DRIVE AND UNIVERSITY PARKWAY. (34) Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be adopted. Resolution No. 88-32 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. RES. 88-33 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO FERNANDO ORTEGA CONSTRUCTION FOR IMPROVEMENT OF RIO VISTA (ANNE SHIRRELLS) PARK, PHASE II-B. (35) Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be adopted. Ray Schweitzer, City Administrator, answered ques- tions regarding funding for the park improvements. . Annie Ramos, Director of Parks, Recreation and Com- munity Services, answered questions regarding additive alternatives. 26 2/1/88 . Resolution No. 88-33 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Mi ller. Noes: None. Absent: None. RES. 88-34 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO TOM BELL CHEVRO- LET FOR THE FURNISHING AND DELIVERY OF THREE (3) COMPACT PICK-UP TRUCK VEHICLES TO BE UTILIZED BY THE PUBLIC SERVICES/REFUSE DEPARTMENT IN ACCORDANCE WITH BID SPECIFI- CATION F-88-07. (36) Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 88-34 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. . ORDINANCE OF THE CITY OF SAN BERNARDINO, FIRST 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 FAIRGROUNDS. (Continued from January 25, 1988) (38) City Clerk Clark read the title of the ordinance. Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that further reading of said ordinance be waived. City Attorney Penman answered questions regarding the wording of the ordinance. Concern was expressed over the use of "the National Orange Show County Fairgrounds" as the title in the ordi- nance. The Mayor and Common Council continued discussion of the ordinance until Deputy City Attorney Wilson could be available to answer questions. (See Page 30) . 27 2/1/88 . RES. 88-35 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO, AND EMERICH AND COMPANY, INC., PAUL Y. H. HSU AND DONALD S. CLURMAN RELATING TO SEWER CONNECTION AND SEWAGE TREATMENT FOR TRACT NO. 10297-3. (37) Bernie Kersey, Director of Administration and Finance for the Water Department, answered questions regarding the City's policy concerning the installation of sewers out- side of the City limits. Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be adopted. Resolution No. 88-35 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. LEGISLATIVE REVIEW COMMITTEE MEETING MINUTES - JANUARY 21, 1988 Council Member Reilly, Chairman of the Legislative Review Committee, presented the minutes of the Legislative Review Committee meeting held January 21, 1988, at which time the following items were discussed: (39) 1. Revision to Resolution 87-189 - Adopting Standard Requirement No. 11 for Underground- ing of Utilities - The Committee recommended adoption of Standard Requirement Number 11 with the following changes: Section lA(2) to read: . "The requirement to underground shall apply to all utility lines traversing a develop- ment, or installed along either side of the streets or alleys adjoining the development, except for electrical transmission lines of 33 KVA or greater. Where one line is exempt, all parallel lines on that same pole shall be exempt." 28 2/1/88 . Section lA(3) (b) to read: "Any single lot development of one acre or less (net after dedication as a condition of development) in any zone, shall be exempt from this standard requirement. This exemp- tion shall not apply where the requirement to underground utilities is imposed as a con- dition for approval of a subdivision map or parcel map." Section IB(2) to read: "...frontages of less than 300 feet..." Section IB(4) will indicate that an assess- ment district will be in place before a cer- tificate of occupancy is issued. . 2. Review of Sprinkler Ordinance for Resi- dential/Multi-Family Sprinklers - Item con- tinued. Members of the Building and Safety Commission and Building Industry Association will be invited to the next meeting. The Fire Department and Assistant City Admini- strator for Development will provide the Com- mittee additional statistics and informa- tion. The Council discussed the subject title of "alarm/ sprinkler ordinance for residential sprinklers" as listed in the Council agenda, and decided it should read "sprinkler ordinance for residential/multi-family". 3. Trash Ordinance Amendment - The Committee tabled the item at the request of the Directors of Redevelopment Agency and Public Services. The Public Services Director will address the issue directly to the Uptown Citizens' Advisory Committee. 4. General Vehicle Usage Report - Item con- tinued for further study and coordination. Referred back to the City Administrator for additional review by the City Attorney and other departments. Issues to be reviewed, as a minimum, were: . 29 2/1/88 . - Necessity for a defensive driving course - Administrative car pool - Necessity to coordinate out-of-town trips through City Administrator - Insurance and liability requirements - Mileage limitation. 5. City's Demolition Policy - Item continued due to lack of time. Council Member Minor made a motion, seconded by Coun- cil Member Reilly and unanimously carried, that the minutes of the Legislative Review Committee meeting held January 21, 1988, be received and filed as amended by listing Council Member Torn Minor as having attended. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. . ORDINANCE OF THE CITY OF SAN BERNARDINO, FIRST 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 FAIRGROUNDS. (Continued from earlier in meeting - See Page 27) (Continued from Janu- ary 25, 1988) (38) John Wilson, Deputy City Attorney, answered questions regarding the wording of the ordinance and the use of the name "the National Orange Show County Fairgrounds". He stated that by changing the name, the ordinance would be receiving a I'first" instead of a "second" reading. Council Member Minor made a motion, seconded by Coun- cil Member Flores and unanimously carried, that the word County be omitted from the name in the ordinance and that the ordinance be laid over for final passage. WAYS AND MEANS COMMITTEE MEETING MINUTES - JANUARY 25, 1988 Council Member Estrada, Chairman of the Ways and Means Committee, presented the minutes of the meeting of the Ways and Means Committee held January 25, 1988, at which time the following items were discussed: (40) . 30 2/1/88 1- . 1. Home of Neighborly Services Agreement - Item continued. Committee requested a report from the City Administrator itemizing city- owned property by: location, status of pro- perty, use, value, insurance coverage by user, is city named additional insured. This report is due back to the Committee at their February 8th meeting. . 2. !:.equest for Funding Black History Parade Committee - The Committee referred the request for funding to the Fine Arts Commis- sion and requested that Ms. Thelma Press expedite a commission vote since the function will begin on February 4th and the item must be on the February 1st agenda. The Commit- tee's referral was based on the consensus that the parade and all associated events promoted a segment of the community's cul- tural heritage. The Committee recommended that city fees associated with the parade be waived. This will be an agenda item for February 1, 1988. (See Item S-4 on Page 34 for action taken on this subject) 3. Police Station Space and Site Study Iin~~~~ - The Committee felt that a study was absolutely essential regardless of whether a new building, or use of an existing building, were recommended. The Committee recommended financing from the City Clerk's budget dollars set aside for the animal re- search election which did not take place. The addi tional amount needed would come from Police Department salary savings. The two amounts were $57,990 from the City Clerk and $16,010 from the Police Department. Council Member Minor made a motion, seconded by Coun- cil Member Estrada and unanimously carried, that a trans- fer of $57,990 from the Special Elections account, and $16,010 from the Police Department Salary Savings account, to the Special Construction Project Fund, be approved. . 4. Cable TV Audit Cost The Committee received thE!attachedJ:eport and recommended selection of Cable Audit Association at the $15,000 rate for a period longer than one fiscal year. The audit would begin in May and would go back to the period of COMCAST's takeover from Group W. (Attch.) 31 2/1/88 . Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the recommendation of the Ways and Means Committee to provide $15,000 from cable fees toward an audit of Comcast from the time of its takeover through May, be approved. 5. Amendment of Storm Water Drainage Faci- lities Construction Fees - New Development - The Committee recommended a public hearing be set for approval of new fees as recommended by Public Works/Engineering Department. A motion will be made by the Committee Chair- person to set the hearing for February 15th. (Attch. ) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that a hearing be set for 9:30 a.m., Monday, February 15, 1988, during the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, concerning the amend- ment of storm water drainage facilities construction fees on new development. . 6. Phase I Construction of Mill Street Storm Drain - Mayor Frank Gonzales - The Committee accepted this as a walk-on item and received a report from Mayor Gonzales and City Manager Benest. The City of Colton would like for the City of San Bernardino to enter into a mutual agreement to provide 50% ($211,000) of the cost of providing storm drainage from Lytle Creek Channel to Michigan Street (Phase I of an overall drainage program). The Com- mittee continued the item. The City Engineer is to meet with all the agencies involved in all phases of the Colton plan (Rial to, Flood Control District, Cal Trans) and determine the feasibility, liability and percentage of participation by the City of San Bernardino. An analysis of whether the drainage should be addressed piecemeal or on the large scale basis that is on-going is also to be pro- vided. This report is due back to the Com- mittee within two weeks. . Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that the minutes of the Ways and Means Committee meeting held January 25, 1988, be received and filed, as amended to read that Councilman Jess Flores attended the meeting. 32 2/1/88 . James Penman, City Attorney, answered questions regarding the hearing of the minutes of the Ways and Means Committee meeting held January 28, 1988, concerning the Spirit Baseball Club, Inc., as the minutes were not listed on the Council agenda. He stated that the Ways and Means Committee meeting minutes of January 28, 1988, pertain to Item S-2 on the Council agenda, which was tabled earlier in the meeting. (See Page 9) RECONSIDERATION OF SPIRIT BASEBALL PRESENTATION - SPECIAL WAYS & MEANS COMMITTEE MEETING - JANUARY 28, 1988 Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the subject of the Spirit Baseball Club, Inc., be reconsi- dered. This item had been tabled earlier in the meeting. (See Page 9) (S-2) . Council Member Estrada, Chairman of the Ways and Means Committee, presented the minutes of the Ways and Means Committee meeting held January 28, 1988, which was held specifically to review the subject of the Spirit Baseball Club, Inc. The Committee met to determine considerations presented by The Spirit and neighbors in the Fiscalini Field area. The Committee recom- mended acceptance of the insurance policy for bodily injury in the amount of $1,000,000 and property damage in the amount of $4,000,000 and requested that the City of San Bernardino be listed as additionally insured. Repre- sentatives of The Spirit baseball club agreed to the following for the 1988 season: 1. Eliminate all amplified music except the "Star Spangled Banner" at the beginning of the game and "Take Me Out To The Ball Game" during the seventh inning stretch. 2. Install a new sound system. An attempt will be made to schedule an exhibition game to test the system. . 33 2/1/88 . The Committee recommended that the synthe- sizer be removed from the sound booth and agreed to recommend in principle that a UCC-I Agreement or letter of credit be provided by the team. Final decision is to be based on further negotiation between the City Attor- ney's office and legal counsel for The Spirit. The Committee's position was that the City attempt to recover as much of their investment as possible. Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that the minutes of the meeting of the Ways and Means Committee held January 28, 1988, be received and filed. RES. 88-36 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BLACK CULTURE FOUNDATION RE- LATING TO FUNDING FOR THE ANNUAL BLACK HIS- TORY WEEK PARADE AND AUTHORIZING WAIVER OF FEES RELATED TO THE CONDUCT OF THE PARADE. (See Council agenda Item 40(2)). (S-4) City Clerk Clark read the title of the resolution. . Barry Silver, Chairman of the Fine Arts Commission, read from a letter from Thelma Press, Liaison with the Fine Arts Commission, dated January 29, 1988, expressing denial of the use of fine arts funds to provide backing for the Black History Parade, stating that the Black His- tory Parade does not fall into the category of fine arts. He spoke regarding setting a precedent of funding parades with fine arts funds. Jim King, promoter of the Black History Parade, was present to answer questions. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the allocation of $8,000 for the purpose of funding the 1988 Black History Parade and related cultural activities, be approved. The Mayor and Common Council discussed the purpose of fine arts funding. . Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the purpose of the fine arts funds and the 1% cultural development fee be referred to the Legislative Review Committee for review. (Refer to Item 40-2 See Page 31) 34 2/1/88 . Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 88-36 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. (Refer to Page 31 for more information) ORD. MC-617 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO PROVIDING THAT RENTS FOR MOBILE HOME SITES SHALL NOT EXCEED THOSE IN EFFECT ON JANUARY 25, 1988, AND TEMPORARILY PRO- HIBITING RENTAL INCREASES THEREFOR, AND DECLARING THE URGENCY THEREOF. (48) City Clerk Clark read the title of the ordinance. Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of the ordinance be waived. . Council Member Flores made a motion, seconded by Council Members Estrada, that said ordinance be adopted. (Vote on this motion follows discussion) Clay Hage, Regional Director of Western Mobilehome Association, stated he found no reason for an urgency ordinance as mobilehome park owners had voluntarily com- plied with the ban on rent raises since last year. He stated that an ordinance would create an inequity as this ordinance allows a 4.4% increase, and those with long term leases will not be affected. . Attorney Terry Gaudell from the firm of Swenson and Guadell, 203 N. Golden Circle, Santa Ana, stated he has eleven years of experience in the area of mobilehome law, and that a rent freeze will cause unnecessary acrimony between mobilehome park owners and tenants. He asked the Council to consider the mobilehome park study done by Connerly and Associates (see Council minutes of January 25, 1988) which indicates that 82% of all mobilehome park residents in San Bernardino are satisfied with their living conditions. A total of 33% of all residents are on long term leases. Since the park owners' investments are very high, Mr. Gaudell asked the Council to allow park owners to exercise the good faith they have demonstrated in voluntarily hOlding back on rent raises. 35 2/1/88 . Luther Fair, a tenant at 2505 Foothill, Sequoia Mobilehome Park, stated that under Proposition 13, the tax assessor is only allowed to raise assessments 2%. Many park owners have raised rents to the point that the assessed value of the park has risen 200%. In Opinion No. 88-7, 10.38, dated February 1, 1988, City Attorney Penman explained why emergency provisions in the ordinance are sufficient. Ken Henderson, Director of Community Development, submitted a Consumer Price Index (CPI) for the Los Angeles, Anaheim, and Riverside areas, showing that it increased 5.2% in 1987, and stated that the increase in the ordinance is based upon the National Consumer Price Index of 4.4%. He also objected to provisions in the ordinance that he found inconsistent with the findings in the mobilehome park study. Sally Wilder of Mediterranean Mobilehome Park and M.O.R.E., referred to an article by the Golden State Mobilehomeowners League about the Yucaipa Plan, and stated she had copies of letters regarding rent increases from mobilehome parks. . Bruce Thompson of Glen Aire Mobile Estates of San Bernardino, stated that leases are a form of rent control, and complained regarding rent increases in his park of 16% over five years. Joe Korda of Acacia Villas, asked that not all owners be considered the same. He stated that he considered himself a fair owner, and that he is concerned that park owners are penalized unfairly because of the actions of a few other park owners. He referred to the Upland ordinance on rent control, which calls for a meet and confer process and limits rent increases to 6% or 7%. Mayor wilcox raised the issue of rising costs of liability insurance. Ken Henderson, Director of Community Development, talked about some of the factors that are included in the CPI. . Earl Goin of Mt. Shadows Mobilehome Park, 4040 E. Piedmont, stated he is under a long term lease for five years with four additional five year options. The lease is based upon raises of CPI plus pass throughs. 36 2/1/88 . Gary Hamilton of Manor Mobilehome Park, stated that he had problems completing the survey, and that he did not understand some of the questions. He said that he felt that park residents stated they were satisfied with their living conditions out of intimidation. Ordinance MC-617 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Miller; Noes: Council Members Minor, Pope-Ludlam. Ab- sent: None. ADRDA/ACTION RESPITE CARE PROJECT GRANT - SENIOR COMPANION PROGRAM - AUTHORIZATION TO APPLY In a memorandum dated January 26, 1988, Annie Ramos, Director of Parks, Recreation and Community Services, stated that the City had been invited to apply for funding of a partnership program between the publically funded Senior Companion Program (SCP) (ACTION) and the Alzhei- mer's Disease and Related Disorders Association (ADRDA), a private national voluntary health organization. (43) . Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that the Director of Parks, Recreation and Community Services Department be authorized to apply for a $45,130 grant under the provision of the ADRDA/ACTION Respite Care project for administration through the City Senior Com- panion Program. EXEMPTION FROM UNDERGROUNDING OF UTILITIES - PARCEL 2 - MAP 2676 - 2ND LOT FROM S/W CORNER OF PARKS IDE AND PARKDALE ON PARKDALE - CONTINUED FROM JANUARY 19, 1988 This is the time and place continued to for consi- deration of the exemption from the requirement of under- grounding utilities upon development of Parcel 2 of Map 2676, the second lot from the southwest corner of Parkside and Parkdale Avenues on Parkdale. (41) Council Member Minor made a motion, seconded by Coun- cil Member Flores and unanimously carried, that the matter concerning the exemption from the requirement of under- grounding utilities upon development of Parcel 2 of Map 2676, the second lot from the southwest corner of Parks ide and Parkdale Avenues on Parkdale, be continued to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino, to be held Monday, February 15, 1988, in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. . 37 2/1/88 . SIDEWALK - MT. VERNON AVENUE, FROM UNION STREET TO 21ST STREET - CHANGE ORDER NO. 1 - CONTRACT - GOSNEY CONSTRUCTION - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for consi- deration of the approval of Change Order No. 1 to the contract with Gosney Construction for the construction of a sidewalk on Mt. Vernon Avenue, from Union Street to 21st Street. (See Page 8) (8) Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that Change Order No. One to the contract with Gosney Construction for the installation of sidewalk along Mt. Vernon Avenue per Plan No. 7214, be approved; that the contractor be authorized to remove and replace 196 sq. ft. of existing sidewalk for a net increase in the contract price of $980, from $17,500 to $18,480; that the work be approved and accepted, and that the final payment be authorized at the expiration of the lien period. . PATTON PARK PROPERTY - STATUS REPORT - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to report concerning the Patton Park property. for a status (See Page 7) (5 ) City Attorney Penman read from a memorandum dated January 22, 1988, addressed to Annie Ramos, Director of Parks, Recreation and Community Services, providing a legal opinion of whether or not the amount of work com- pleted to date at Patton Park is sufficient to satisfy the conditions of the original agreement with the State. Annie Ramos, Director of Parks, Recreation and Com- munity Services, stated that her department had already received a 2 1/2 year extension, but that it would expire in March, 1988. Council Member Miller made a motion, seconded by Council Member Minor and unanimously carried, that the status report regarding Patton Park property, be received and filed. . 38 2/1/88 . VACATION OF EAST/WEST ALLEY - SOUTH OF 10TH STREET, EAST OF "H" STREET - PUBLIC WORKS PROJECT 87-31 - NEGATIVE DECLARATION - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for consi- deration of the adoption of a Negative Declaration for Public Works Project 87-31, vacation of an east/west alley, south of 10th Street, east of "H" Street. (See Page 8) (9) Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly and unanimously carried, that the Negative Declaration for Public Works Project 87-31, vacation of an east/west alley, south of 10th Street, east of "H" Street, be adopted. . VACATION OF NORTH/SOUTH ALLEY - WEST OF MT. VERNON, BETWEEN 16TH AND EVANS STREET - PUBLIC WORKS PROJECT 87-30 - NEGATIVE DECLARATION - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for consid- eration of the adoption of a Negative Declaration for the vacation of north/south alley, west of Mt. Vernon, between 16th and Evans Streets. (See Page 8) (10) Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly and unanimously carried, that the Negative Declaration for Public Works Project 87-30, vacation of north/south alley west of Mt. Vernon Avenue, between 16th Street and Evans Street, be adopted. RES. 88-37 - RESOLUTION OF THE CITY OF SAN BERNARDINO ENDORSING A PROPOSED GOLF COURSE DEVELOPMENT ON PATTON STATE HOSPITAL GROUNDS. (S-l) City Clerk Clark read the title of the resolution. Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that fur- ther reading of said resolution be waived. Lon Wandell, Director of Marketing/Sales of West Coast Golf, Inc., was present and submitted a letter re- garding Requests for Proposals for the proposed golf course on Patton State Hospital grounds. . Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be adopted. 39 2/1/88 . Resolution No. 88-37 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. VENDING ORDINANCE DISCUSSION - COUNCIL MEMBER MAUDSLEY This is the time and place set for a discussion of a vending ordinance as requested by Council Member Maudsley. (S-3 ) City Attorney Penman gave a history of the item, stating that at the last Legislative Review Committee meeting he was instructed to look into ways to create a Conditional Use Permit for stationary, outside hot dog vendors. He explained that a Conditional Use Permit runs with the land and that a hot dog vendor is merely a temporary use of the land. A Conditional Use Permit would not be the proper process for approval. . Council Member Estrada made a motion, seconded by Council Member Miller, that the vending ordinance be referred back to the Legislative Review Committee for further study. The motion Council Members Miller. Noes: None. carr ied by the following vote: Ayes: Estrada, Reilly, Flores, Pope-Ludlam, Council Members Maudsley, Minor. Absent: RECESS MEETING - CLOSED SESSION At 6:00 p.m., Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly and unanimously carried, that the meeting recess to Closed Session pur- suant to Government Code Sections 54956.9(b) (1), as there is significant exposure to litigation, so that Council may decide to initiate litigation; 54956.9 (c), to discuss pending litigation; and 549056.9 (a), to confer with its attorney regarding pending litigation which has been initiated formally to which the City is a party as follows: (45, 46 & 47) ~~~~~~elag~_~~~l - San Bernardino Superior Court Case No. 240286; . ~humpert, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 223140; 40 2/1/88 . City of San Bernardino vs. San Bernardino Baseball Club, Inc. San Bernardino Superior Court Case No. 239193; Barrett, Inc. vs. City of San Bernardino, et al -San Bernardino Superior Court Case No. 239913; Saldecke, et al vs. City 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. 238755; Cable Lakes Associates vs. City of San Bernardino - Superior Court Case No. 238714; In Re Operation Second Chance - United States Dis- trict Court (Central District) Case Nos. 87-1439 (PAR) (BK No. SB 86-0289 (DN)) (No. 87-122- (BN)); Highland Homeowners vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 241464. . CLOSED SESSION At 6:00 p.m., Mayor wilcox called the Closed Session to order in the Conference Room 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 Clerk Clark, City Administrator Schweitzer. Absent: None. RECESS CLOSED SESSION At 7:10 p.m., the Closed Session of the Mayor and Common Council of the City of San Bernardino recessed. RECONVENE MEETING At 7:10 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernadino, California. . 41 2/1/88 . 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; City Attor- ney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Council Members Estrada, Miller. COMMUNITY DEVELOPMENT COMMISSION - LITIGATION - MENTAL HEALTH ASSOCIATION City Clerk Clark made an announcement of action taken by the Community Development Commission regarding their Closed Session pursuant to Government Code Section 54956.9(a) to confer with their attorneys regarding pend- ing litigation which has been formally initiated and to which the Commission is a party. The title of the liti- gation is Redevelopment Agency of the City of San Bernar- dino versus Mental Health Association of San Bernardino County, Case 237.481. (R-13) . The announcement was as follows: The Community Development Commission decided that if the Mental Health Association brings in a signed lease to the City Attor- ney's Office by 3:30 p.m., Friday, February 5, 1988, the Community Development Commission will look at an extension of time based upon conditions and approved at the next commission meeting. SAN BERNARDINO BASEBALL CLUB, INC. - SPIRIT City Clerk Clark made an announcement of action taken regarding the Closed Session pursuant to Government Code Section 54956.9(a) to confer with an attorney regarding pending litigation which has been initiated formally to which the City is a party. The title of the litigation is ~l!Y of San Bernardino vs. San Bernardino Baseball Club., Inc., San Bernardino Superior Court Case No. 239193. - (47) The announcement was as follows: The Mayor and Com- mon Council decided that the San Bernardino Baseball Club would be given an extension until March 7, 1988, for a resolution of the unresolved lease problems. . OPERATION SECOND CHANCE City Clerk Clark made an announcement of action taken regarding the Closed Session pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally to which the City is a party in Re Operation Second Chance, United States District Court (Central District) Case Nos. 87-1439 (PAR) (BK No. SB 86-0289 (DN)) (No. 87-122-(BN)) as follows: 42 (47) 2/1/88 . The Mayor and Common Council decided that an addi- tional $5,000 would be authorized for legal counsel in the case in Re Operation Second Chance, United States District Court. FIVE CITIES AUTHORITY - APPOINTMENT OF COUNCIL MEMBER MINOR The Mayor and Common Council Member Minor as the Five Cities Authority. Council appointed Fifth Ward City's representative to the (47) ADJOURN MEETING At 7:15 p.m., Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously car- ried, that the meeting adjourn to Friday, February 5, 1988, at Noon, in the Management Information Center (MIC Room), Sixth Floor, City Hall, 300 North "0" Street, San Bernardino, California. (49) . ~/7~<LJb0 / City Clerk No. of hours: 9'40" No. of items: 66 . 43 2/1/88