HomeMy WebLinkAbout02-15-1988 Minutes
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City of San Bernardino, California
February 15, 1988
The Regular Meeting of the Mayor and Common Council
of the City of San Bernardino was called to order by Mayor
wilcox at 9:00 a.m., in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
INVOCATION
The Invocation was given by Dr. Michael Samartha, St.
Johns' Episcopal Church.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member
Mi ller.
ROLL CALL
Roll Call was taken by the City Clerk with the fol-
lowing being present: Mayor Wilcox; Council Members
Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam,
Miller; City Clerk Clark, City Administrator Schweitzer.
Absent: City Attorney Penman.
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PROCLAMATION - AMYOTROPHIC LATERAL SCLEROSIS WEEK -
ALL FOR LOVE SHOW - FEBRUARY 28, 1988 - MARCH 7, 1988
Richard Bennecke, Executive Assistant to the Mayor,
read a proclamation of the Mayor of the City of San Ber-
nardino, proclaiming the week of February 28, 1988, to
March 7, 1988, as Amyotrophic Lateral Sclerosis (ALS) Week
in recognition of the charity benefit, All for Love Show,
being staged by members of the local barbershop community
to raise funds for ALS Research. The concert will be held
at the California Theater of Performing Arts on March 5,
1988. (A)
Jeanne Fishbeck, accepted the proclamation on behalf
of the Steering Committee of the ALS Association.
SERVICE PIN AWARDS - MONTH OF FEBRUARY
Richard Bennecke, Executive Assistant to the Mayor,
presented service pins to the following City employees:
(A)
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Five Year pins
Timothy Cantrell
Robert Cravens
Charles Hudson
Richardo Tomboc
Michael Alder
Police Dept.
Police Dept.
Police Dept.
Police Dept.
Fire Dept.
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Norman Walters*
Michael Womack
Daniel Adame
Fire Dept.
Pub. Serv./Street
Pub. Serv./Refuse
Ten Year pins
Howard Bennett*
Ross Burnett*
Fire Dept.
Public Buildings
Fifteen Year Pins
Luis Cedra*
Thomas parlett*
Stephen Barilics
Guadalupe Ledesma
Rudolph Zakowicz*
Fire Dept.
Fire Dept.
Police Dept.
Public Buildings
Public Buildings
Twenty Year pins
Charles Gladish*
Franklyn Melton
Ruben Hernandez
Fred Wrigley
Michael McKee*
Building & Safety
Fire Dept.
Fire Dept.
Fire Dept.
Police Dept.
Twenty-five Year Pins
Ruben Suarez*
Parks, Recreation &
Community Services
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*Indicates presence to receive pin.
COUNCIL MEMBER ESTRADA EXCUSED
Council Member Estrada left the Council Meeting.
APPOINTMENT - JUDITH BLISS - ANIMAL ADVISORY
COMMISSION - COUNCIL MEMBER MAUDSLEY
Pursuant to a memorandum dated February 3, 1988, from
Mayor Wilcox, Council Member Flores made a motion,
seconded by Council Member Maudsley and unanimously car-
ried, to approve the appointment of Judith Bliss, 3972
Golden Ave., San Bernardino, CA 92404, to the Animal Ad-
visory Commission. This appointment was requested by
Council Member Maudsley, to represent the Fourth Ward.
(B)
City Clerk Clark administered the Oath of Office to
Judith Bliss.
COUNCIL MEMBER ESTRADA RETURNED
Council Member Estrada returned to the Council Meet-
ing and took her place at the Council Table.
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PUBLIC HEARING - BOND ISSUES - SOUTHEAST
INDUSTRIAL PARK REFUNDING AND 1988 BOND
ISSUES - CENTRAL CITY NORTH REFUNDING AND
1988 BOND ISSUES
This is the time and place set for a public hearing
to consider Southeast Industrial Park refunding and 1988
bond issues, and Central City North refunding and 1988
bond issues. (R-l)
A RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, APPROVING THE ISSUANCE BY THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO OF ITS $4,000,000 REDEVELOPMENT
AGENCY OF THE CITY OF S AN BERNARD I NO,
NORTHWEST REDEVELOPMENT PROJECT, 1988 TAX
ALLOCATION NOTES, TAXABLE SERIES, AND MAK-
ING CERTAIN DETERMINATIONS RELATING
THERETO. (R-l [alB)
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Council Member Reilly made a motion, seconded by
Council Member Flores and unanimously carried, that the
public hearing regarding Southeast Industrial Park refund-
ing and 1988 bond issues and Central City North refunding
and 1988 bond issues be continued to 11:00 a.m. (See page
22)
PUBLIC COMMENTS - THE SWORD - HOUSE OF YING
A citizen, identifying himself as the Sword, Com-
mander-in-Chief of the House of Ying, Ltd., recommended
that Council Member Pope-Ludlam resign from office, and
that Council Members Maudsley and Estrada refrain from
running for Mayor in the next Mayoral election. He also
spoke of the evils of possessing money, and that the home-
less were truly the good people who lived in harmony with
the earth. (C)
APPROVAL OF MINUTES - JANUARY 25, 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 25th of January,
1988, be approved as presented in typewritten form. (1)
APPROVAL OF MINUTES - FEBRUARY 1, 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 1st of February,
1988, be approved as presented in typewritten form. (2)
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DRAINAGE IMPROVE~ENTS AT STODDARD AVENUE AND ATHOL
STREET - ALLOCATION OF $15,000 FROM STORM DRAIN
CONSTRUCTION FUND
In a memorandum dated February 3, 1988, Roger Hard-
grave, Director of Public Works/City Engineer, stated that
storm waters gather in a low spot along the west side of
Stoddard Avenue, south of Athol Street, resulting in a
nuisance when the water turns stagnant. The pond also
causes deterioration of the street pavement, curb and
gutter. He recommended improvements to correct these prob-
lems. The estimated cost would be $15,000. (3)
Council Member Pope-Ludlam made a motion, seconded by
Council Member Miller and unanimously carried, to approve
the transfer of $15,000 from Account No. 248-368-57822,
"MP Drain 6-22, north of Patton Hospital", to Account No.
248-368-57824, "Drainage Improvements Stoddard and
Athol."
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QUITCLAIM DEED - WEST SIDE OF STATE STREET,
NORTH OF SHERIDAN ROAD TO UNIVERSITY SQUARE _
AUTHORIZATION TO PROCEED
In a memorandum dated February 4, 1988, Roger Hard-
grave, Director of Public Works/City Engineer, explained
previous actions regarding the vacation of State Street,
north of Sheridan Road. He stated that the City owns the
remaining west 20 feet of State Street. Mr. Hardgrave
stated that since the City has no practical use for this
land and because of the high cost of maintaining such an
area, he recommended that the Real Property Section be
authorized to proceed with the preparation of a quitclaim
deed to University Square, a joint venture, property owner
of the adjoining vacated portion of State Street to the
east. This property owner has plans to develop this area.
(4 )
Council Member Pope-Ludlam made a motion, seconded by
Council Member Miller and unanimously carried, that the
quitclaiming of the west side of State Street, now va-
cated, to University Square, a Joint Venture, be approved
in principle, and that the Real Property Section be auth-
orized to proceed with the preparation of the necessary
documents.
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INSTALLATION OF FILL-IN SIDEWALK ON MT. VERNON
AVENUE - UNION STREET TO 21ST STREET - ACCEPTANCE
OF REPORT ON AMENDED FINAL CONTRACT PRICE - GOSNEY
CONSTRUCTION
In a memorandum dated February 4, 1988, Roger Hard-
grave, Director of Public Works/City Engineer, stated that
subsequent to the preparation of the report on the approv-
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al and acceptance of the installation of a fill-in side-
walk by contractor Gosney Construction on Mt. Vernon Ave-
nue from Union Street to 21st Street, information became
available that required an amendment to the actual final
contract price, which lowered the amount to $17,545.52.
(5 )
Council Member Pope-Ludlam made a motion, seconded by
Council Member Miller and unanimously carried, that the
report on the amended actual final contract price, for the
construction of sidewalk fill-in on Mt. Vernon Avenue,
from Union street to 21st Street, in accordance with Plan
No. 7214, be accepted and filed.
GAMES OF AMUSEMENT APPLICATION - BARBARA JEAN
CLARK - DBA GRINDER SHOP - 1807 N. "E" STREET
Pursuant to approval of an application for Games of
Amusement by the Police Department, Council Member Pope-
Ludlam made a motion, seconded by Council Member Miller
and unanimously carried, that the application filed by
Barbara Jean Clark for Games of Amusement located at 1807
N. "E" Street, be approved. (6)
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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: (7)
1. Approve the register of demand dated:
January 20, 1988
January 28, 1988
87/88
87/88
#26
#27
$1,466,615.07
749,632.46
2. Approve the total gross payroll for the period
January 4, 1988, through January 17, 1988, in the
amount of $1,403,991.70.
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 as follows: (8)
APPOINTMENTS
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Parks, Recreation & Community Services
Ronnie D. Burdette - Park Maintenance Worker I -
Effective February 16, 1988
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Public Works/Central Garage
Donald W. Johnson - Lead Equipment Mechanic I -
Effective February 16, 1988
Animal Control
Dorothy R. Khan - Animal Health Technician _
Effective February 16, 1988
City Administrator
DeBorah E. Moore - Secretary I - Effective
February 16, 1988
Building & Safety
Tammy M. Oldham - Senior Secretary - Effective
February 16, 1988
Lee Gregory - Account Clerk II - Effective
February 16, 1988
Planning
Cathleen Szendrodi - Secretary - Effective
February 16, 1988
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Police Department
Dianne K. Valdez - Police Records Clerk I -
Effective February 16, 1988
Personnel
Gordon Johnson - Director of Personnel -
Effective March 1, 1988
Public Services/Refuse
Camille C. Brown - Account Clerk II -
Effective February 16, 1988
APPOINTMENT/PROVISIONAL
Parks, Recreation & Community Services
Ann S. Kassel - Community Center Manager I -
Effective February 16, 1988
APPOINTMENTS/TEMPORARY
Parks, Recreation & Community Services
Recreation Aide - Effective February 16, 1988
Randall Durant
Frank H. Cagle, IV
Dawn M. Thomas
April D. Parras
William D. Nava, Jr.
Maurice M. Waller
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Recreation Leader - Effective February 16, 1988
Ralph S. Dadd
Donald Johnson
william A. Debarr
Senior Recreation Leader - Effective February
16, 1988
Daniel P. Casarez Burnice Evans
Constance Montana
Public Buildings
Ray C. Munoz - Custodial Aide - Effective
February 16, 1988
PROMOTIONS
Police Department
Cinda L. Littlefield - Police Records Clerk I -
From Police Clerical Trainee - Effective
February 16, 1988
Public Services/Street
Melissa R. Reeder - Abatement Coordinator -
From Police Assistant - Effective February 16, 1988
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Parks, Recreation & Community Services
Lorna J. Royse - Account Clerk II - From Account
Clerk I - Effective February 16, 1988
Angela Joyner - Recreation Leader - From Recreation
Aide - Effective February 16, 1988
TRANSFER/TITLE CHANGE
Mayor's Office
Gloria J. Rosas - Secretary - From Police Records
Clerk II - Effective February 16, 1988
VOLUNTARY DEMOTION
Police Department
Ronald A. Van Rossum - Police Assistant - From
Police Officer - Effective February 16, 1988
MILITARY LEAVE
Police Department
Russell W. Smith - Dispatcher I - Effective
February 12, 1988 to March 12, 1988
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LEAVE OF ABSENCE WITHOUT PAY
Police Department
Russell W. Smith - Dispatcher I - Effective
March 13, 1988 to June 20, 1988
READING AND WAIVING OF RESOLUTIONS
City Clerk Clark read the titles of all the resolu-
tions on the Council Agenda.
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.
CITY ATTORNEY PENMAN ARRIVED
At 9:25 a.m., City Attorney Penman arrived at the
Council Meeting.
RES. 88-38 - RESOLWfION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH VAL MAHABIR TO PROVIDE SMALL
BUSINESS LOAN ASSISTANCE AND LOAN OFFICER
SERVICES FOR THE COMMUNITY DEVELOPMENT
DEPARTMENT. (14)
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Council Member Estrada made a motion, seconded by
Council Member Flores, that said resolution be adopted.
Resolution No. 88-38 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Flores,
Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab-
sent: None.
RES. 88-39 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING CITY PERSONNEL AC-
CESS TO CRIMINAL HISTORY INFORMATION NEEDED
TO EVALUATE PROSPECTIVE APPLICANTS FOR
EMPLOYMENT, CERTIFICATION AND LICENSING,
AND REPEALING RESOLUTION NO. 87-16. (Con-
tinued from February 1, 1988) (12)
Council Member Flores made a motion, seconded by
Council Member Reilly and unanimously carried, to amend
said resolution by interdelineation to strike the word
"white", line 22, page 2, and to adopt the resolution as
amended.
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Resolution 88-39 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Flores, Maudsley,
Minor, Pope-Ludlam, Miller. Noes: None. Absent: None.
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RES. 88-40 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION NO. 6433
ENT ITLED IN PART "A RESOLUT ION . . . CREAT-
ING AND ESTABLISHING POSITIONS FOR THE
VARIOUS DEPAR'fMENTS OF THE CITY OF SAN
BERNARDINO", BY CHANGING THE NUMBER OF
SENIOR PLANNER POSITIONS FROM 2 TO 3; PLAN-
NER II POS ITIONS FROM 3 TO 4; PLANNER I
POSITIONS FROM 3 TO 4 AND ESTABLISHING THE
POSITION OF TYPIST CLERK III. (Continued
from February 1, 1988)
(13)
Mayor Wilcox urged that some provisions be made to
provide the Planning Department adequate staff to keep up
with the workload, and suggested that contracting for the
work is one possibility. The cost for this would be ap-
proximately $5,800 a month.
Planning Director Siracusa answered questions regard-
ing vacancies in the Planning Department. She stated that
when a promotion is made from within the department, a
higher position is filled, but a new lower position vacan-
cy is created.
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Ms. Siracusa also answered questions regarding the
workload in the Planning Department. She stated there
were presently 82 active cases. She referred to a state
requirement for processing planning matters which sets a
limit of six months for processing a case, and that about
one-half of their cases were near that deadline. She
stated that the Council receives status reports on cases
every week.
The Mayor and Council discussed contracting for Plan-
ning staff positions.
Planning Director Siracusa answered questions regard-
ing the Permit Streamlining Act, stating that when the
deadline was near, the case in question would be sent to
the Planning Commission and the case would be denied with-
out prejudice rather than letting it overrun the time. The
other option is that the developer can give a 90 day ex-
tension. This option has never been used.
It was pointed out that all the vacant Planning posi-
tions had not been filled, and it would be wise to fill
all those vacant positions and evaluate the situation
before creating new positions.
City Administrator Schweitzer answered questions.
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Council Member Estrada made a motion, seconded by
Council Member Flores, that said resolution be tabled
until the mid-year budget review has been completed.
The motion
Council Members
Members Reilly,
None.
failed by the following vote:
Estrada, Flores, Miller. Noes:
Maudsley, Minor, Pope-Ludlam.
Ayes:
Council
Absent:
Council Member Maudsley made a motion to refer the
resolution to the Council Personnel Committee to work with
Planning Director Siracusa to see if a source of funding
could be identified and some projections made while the
budget process is in process.
The motion died for lack of a second.
It was pointed out that the lifting of the building
moratorium by the State Office of Planning and Research
would create more work for the Planning Department.
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Council Member Minor made a substitute motion, that
these positions be contracted out, based on the discussion
at the Personnel Committee meeting, and at the same time
proceed with recruiting to fill vacant positions if the
money is present in the budget for the next fiscal year.
The motion died for lack of a second.
City Attorney Penman answered questions regarding the
number of lawsuits originating in the Planning Department,
and referred to the General Plan lawsuit. He also ex-
pressed concern regarding the Permit Streamlining Act, and
the practice of arbitrarily denying a case when it ap-
proaches the deadline.
Mayor Wilcox requested that the record show that the
Planning Department was instructed to begin a phased
process to revise the General Plan prior to the lawsuit
being filed.
Deputy City Administrator Robbins briefly reviewed
the Planning Department's budget and reported that basi-
cally the department is spending what is required to do
the job.
Planning Director Siracusa answered questions regard-
ing planning fees, stating that the fees do not cover the
costs of the processing of various functions of the de-
partment.
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Council Member Pope-Ludlam made a motion, seconded by
Council Member Reilly, that said resolution be adopted,
with the understanding that the City Administrator will be
asked if funding is available when appointments come back
for approval.
The motion
Council Members
Miller. Noes:
None.
carried by the following vote: Ayes:
Reilly, Maudsley, Minor, Pope-Ludlam,
Council Members Estrada, Flores. Absent:
Resolution No. 88-40 was
vote: Ayes: Council Members
Pope-Lud lam, Mi 11 er. Noes:
Flores. Absent: None.
adopted
Reilly,
Council
by the following
Maudsley, Minor,
Members Estrada,
RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A LEASE WITH
THE CITY OF SAN BERNARDINO, THE REDEVELOP-
MENT AGENCY OF THE CITY OF SAN BERNARDINO,
AND THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION
OF SAN BERNARDINO, RELATING TO LEASE OF
SPACE. (15)
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Council Member Minor made a motion, seconded by
Council Member Miller and unanimously carried, that said
resolution be continued to 11:00 a.m., in the Council
Chambers of City Hall, 300 North "0" Street, San Bernar-
dino, California. (See page 36)
PUBLIC HEARING - SCHEDULE OF FEES FOR STORM
WATER DRAINAGE FACILITIES CONSTRUCTION -
AMENDING THE DRAINAGE FEES FOR LAND SUBDIVISION
AND DEVELOPMENT WITHIN THE CITY
This is the time and place set for a public hearing
to consider establishing a schedule of fees for storm
water drainage facilities construction and amending the
drainage fees for land subdivision and development within
the Ci ty of San Bernard ino. (9)
In a memorandum dated February 3, 1988, Roger Hard-
grave, Director of Public Works/City Engineer, presented
the background of the increase of storm drainage fees. He
stated that an increase in fees is necessary to generate
sufficient funds to complete major portions of the master
planned drainage systems and to upgrade the current system
where it is deficient.
Mayor Wilcox opened the hearing.
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RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION NO. 79-425 ENTITLED IN
PART, "RESOLUTION ESTABLISHING A
SCHEDULE OF FEES FOR STORM WATER DRAINAGE
FACILITIES CONSTRUCTION. ."; AND AMEND-
ING THE DRAINAGE FEES FOR LAND SUBDIVISION
AND DEVELOPMENT WITHIN THE CITY OF SAN
BERNARDINO.
(9 )
City Clerk Clark read the title of the resolution.
Roger Hardgrave, Director of Public Works/City Engi-
neer, answered questions, stating that no protests had
been received.
Mr. Hardgrave also stated that the Building Industry
Association had reviewed the resolution and had decided
not to take a position.
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City Attorney Penman explained that a new law, AB
1600, will become effective January 1, 1989, which re-
quires that all these types of fees be segregated in sep-
arate accounts expended only on projects that benefit the
development for which the fees are paid, and that the
fees be refunded every five years if not used for the
benefit of the development. In view of these issues, he
recommended that the resolution not be adopted until
necessary changes have been made.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Maudsley and unanimously carried, that the
hearing be closed and said resolution be continued to
March 7, 1988, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
PROTEST HEARING - VACATION OF A PORTION OF ALLEY
WEST OF "H" STREET, SOUTH OF ESPERANZA STREET _
CONTINUED FROM FEBRURY 1, 1988
This is the time and place set for a hearing to re-
ceive protests regarding the vacation of a portion of an
alley west of "H" Street, south of Esperanza Street.
(10)
.
In a memorandum dated January 15, 1988, Roger Hard-
grave, Director of Public Works/City Engineer, stated that
a request from 100% of adjoining owners to vacate that
certain east/west alley west of "H" Street, south of Es-
peranza Street had been received. In the opinion of the
Public Works Division, there is no further necessity for
that portion of said alley. Therefore, it was recommended
that the vacation be approved.
Mayor Wilcox opened the hearing.
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No protests have been received.
Council Member Maudsley made a motion, seconded by
Council Member Flores and unanimously carried, that the
hearing be closed and the Findings of Fact, as set forth
in the staff report from Roger G. Hardgrave, Director of
Public Works/City Engineer, as to why the alley west of
"H" street, south of Esperanza Street is no longer neces-
sary for street purposes, be adopted.
RES. 88-41 - A RESOLUTION OF THE CITY OF
SAN BERNARDINO VACATING THAT CERTAIN EAST/
WEST ALLEY WEST OF "H" STREET, SOUTH OF
ESPERANZA STREET IN THE CITY OF SAN BERNAR-
DINO AND RESERVING AN EASEMENT FOR SANITARY
SEWER AND APPURTENANT FACILITIES, A PUBLIC
UTILITY EASEMENT AND AN EASEMENT FOR ACCESS
TO THE STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION THEREIN. (10)
City Clerk read the title of the resolution.
.
Council Member Miller made a motion, seconded by
Council Member Reilly and unanimously carried, that fur-
ther reading of the resolution be waived and said resolu-
tion be adopted.
Resolution No. 88-41 was adopted by the fOllowing
vote: Ayes: Council Members Estrada, Reilly, Flores,
Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab-
sent: None.
RES. 88-42 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO DAVID-
RICHARDS CONSTRUCTION FOR INSTALLATION OF
FIELD LIGHTING AND SECURITY LIGHTING FOR
NEWMARK FIELD, SAN-RI FIELD, ELK'S FIELD
AND PALM FIELD. (19)
City Clerk Clark read the title of the new version of
the resolution, dated February 15, 1988.
City Administrator Schweitzer answered questions,
stating that Elk's Field had been added, and explained the
financing provisions.
Council Member Flores made a motion, seconded by
Council Member Miller and unanimously carried, that fur-
ther reading of the resolution be waived and said resolu-
tion be adopted.
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Resolution No. 88-42 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Flores,
Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab-
sent: None.
RES. 88-43 - RESOLUTION OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO 87-347
ENTITLED "RESOLUTION AWARDING A BID
TO PACIFIC CORP. CAPITAL, INC., FOR THE
FURNISHING AND DELIVERY OF LEASE PURCHASE
FINANCING TO BE UTILIZED BY CITY HALL IN
ACCORDANCE WITH BID SPECIFICATION F-87-38".
(16)
Richard Bennecke, Executive Assistant to the Mayor,
stated that a representative of Pacific Corp. had re-
quested a continuance of this resolution.
City Attorney Penman stated he saw no reason to con-
tinue the resolution, as the Council had previously de-
cided to use Associated Bay Area Governments (ABAG) as an
alternate financing method. He explained that Pacific
Corp. had threatened a lawsuit, but he felt there were no
real damages.
.
Council Member Maudsley made a motion, seconded by
Council Member Minor, that said resolution be adopted.
Resolution No. 88-43 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Flores,
Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab-
sent: None.
RES. 88-44 - RESOLUTION OF THE CITY OF SAN
BERNARDINO ACKNOWLEDGING THE RECEIPT AND
FILING OF THE ANNUAL STATEMENT OF INVEST-
MENT POLICY FOR THE YEAR 1988. (17)
Council Member Maudsley made a motion, seconded by
Council Member Minor, that said resolution be adopted.
Resolution No. 88-44 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Flores,
Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab-
sent: None.
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RES. 88-45 - A RESOLUTION OF THE CITY OF
SAN BERNARDINO DECLARING ITS INTENTION TO
ORDER THE VACATION OF A PORTION OF BELLE-
VIEW STREET, WEST OF MT. VERNON AVENUE AND
RESERVING AN EASEMENT FOR PUBLIC UTILITIES
AND SANITARY SEWER AND APPURTENANT FACILI-
TIES; ALSO RESERVING AN EASEMENT FOR IN-
GRESS AND EGRESS FOR CERTAIN LOTS NORTH OF
AND SOUTH OF THE AREA TO BE VACATED. (18)
Council Member Maudsley made a motion, seconded by
Council Member Minor, that said resolution be adopted.
Resolution No. 88-45 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Flores,
Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab-
sent: None.
RES. 88-46 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO SUMMIT
GRADING & PAVING FOR RE-ALIGNING AND WIDEN-
ING FORTIETH STREET, FROM ELECTRIC AVENUE
TO MT. VIEW AVENUE. (20)
.
Council Member Maudsley made a motion, seconded by
Council Member Minor, that said resolution be adopted.
Resolution No. 88-46 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Flores,
Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab-
sent: None.
READING AND WAIVING OF ORDINANCES
City Clerk Clark read the titles of all the ordi-
nances on the Council Agenda.
Council Member Minor made a motion, seconded by
Council Member Reilly and unanimously carried, that fur-
ther reading of all the ordinances on the Council Agenda
be waived.
ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST
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
DEFINING THE TERM FIREARM. (Continued from
January 25, 1988) (21)
.
City Attorney Penman explained the changes in the new
version of the ordinance, stating that "excluding model
15
2/15/88
.
rockets" had been added at the end of Section 2, which
clarified the provisions.
Council Member Reilly made a motion, seconded by
Council Member Minor, that said ordinance be laid over for
final passage.
The motion carried by the following vote: Ayes:
Council Members Estrada, Reilly, Flores, Maudsley, Minor.
Noes: Council Members Pope-Ludlam, Miller. Absent:
None.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING CHAPTER 19.04, 19.26, AND 19.36 OF
CHAPTER 19 OF THE SAN BERNARDINO MUNICIPAL
CODE; AND ADDING CHAPTER 19.41 - CONVENI-
ENCE ZONES TO THE SAN BERNARDINO MUNICIPAL
CODE, TITLE 19 AND TO SET OUT CONDITIONS
AND PROCEDURES FOR PERMITTING RECYCLING
FACILITIES AND TO ESTABLISH CONVENIENCE
ZONES. (First) (22)
It was suggested that this ordinance be continued, as
some members of the recycling industry wanted more time to
study it.
.
City Administrator Schweitzer stated that the re-
cycling industry had had the materials since September,
1987, and the City had heard nothing from them until now.
Planning Director Siracusa stated that the recycling
industry had some concern regarding signage requirements,
and she would be happy to meet with them and work out
modifications to the ordinance to make it more acceptable.
Ms. Siracusa answered questions about improving the
appearance of the locations, such as screening and other
methods to make the appearances more compatible with sur-
rounding areas.
Council Member Flores made a motion, seconded by
Council Member Maudsley and unanimously carried, that said
ordinance be continued to March 7, 1988, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernar-
dino, California.
ORDINANCE OF THE CITY OF SAN BERNARDINO
ADDING CHAPTER 18.30 TO THE SAN BERNARDINO
MUNICIPAL CODE TO PROVIDE FOR VESTING OF
TENTATIVE MAPS.
FIRST
(23)
.
16
2/15/88
.
council Member Reilly made a motion, seconded by
Council Member Miller and unanimously carried, that said
ordinance be laid over for final passage.
ORDINANCE OF THE CITY OF SAN BERNARDINO
ADDING SUBSECTION 6 TO SECTION 19.78.050 OF
THE SAN BERNARDINO MUNICIPAL CODE TO SPECI-
FY FINDINGS TO BE MADE FOR THE ISSUANCE OF
CONDITIONAL USE PERMITS FOR ALCOHOL BEVER-
AGE SALES.
FIRST
(24)
Planning Director Siracusa answered questions, stat-
ing that this ordinance was initiated by the Planning
Commission, as it was having difficulty making decisions
concerning the issuance of alcoholic beverage sales CUPs.
The Commission was concerned that the sale of alcoholic
beverages not interfere with the compatibility with sur-
rounding areas and not adversely affect the health, safety
and welfare of the public.
City Attorney Penman answered questions, stating that
this ordinance does not give the Planning Department any
authority it does not already have.
.
Council Member Minor made a motion, seconded by
Council Member Flores, that said ordinance be laid over
for final passage.
The motion carried by the following vote: Ayes:
Council Members Estrada, Reilly, Flores, Maudsley, Minor,
Miller. Noes: Council Member Pope-Ludlam. Absent:
None.
ORD. MC-6l8 - ORDINANCE OF THE CITY OF SAN
BERNARDINO, ADDING CHAPTER 5.72 TO TITLE 5
OF THE SAN BERNARDINO MUNICIPAL CODE WHERE-
BY THE CITY ELECTS TO RECEIVE ITS ALLOCATED
SHARE OF SATELLITE WAGERS AT THE NATIONAL
ORANGE SHOWGROUNDS.
FINAL
(25 )
Council Member Flores made a motion, seconded by
Council Member Reilly and unanimously carried, that said
ordinance be adopted.
Ordinance MC-6l8 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Flores, Maudsley,
Minor, Pope-Ludlam, Miller. Noes: None. Absent: None.
.
17
2/15/88
.
PUBLIC HEARING - SAAB VS. THE CITY OF SAN
BERNARDINO - SUPERIOR COURT CASE NO. 234561 -
REGARDING SCHOOL IMPACTION FEES - CONTINUED FROM
JANUARY 19, 1988
This is the time and place set for a public hearing
to consider the case of Saab vs. the City of San Bernar-
dino - Superior Court Case No. 234561 regarding school
impaction fees. (11)
A letter dated February 9, 1988, was received from
Harold L. Boring, Assistant Superintendent, Administrative
Services, San Bernardino City Unified School District, in
which he requested a continuance of the public hearing,
due to the celebration of Presidents' Day.
Council Member Flores made a motion, seconded by
Council Member Maudsley and unanimously carried, that the
public hearing concerning the case entitled Saab vs. the
fi!y_of_~an~ernardino be continued to March 7, 1988, in
the Council Chambers of City Hall, 300 North "D" Street,
San Bernardino, California.
City Attorney Penman stated that Attorney Gary Smith
had stipulated to the continuance.
.
REPORT ON DISPOSITION OF CASES FILED AGAINST CITY -
REQUESTED BY COUNCIL MEMBER ESTRADA - CONTINUED
FROM JANUARY 4, 1988
This is the time and place continued to for a report
on the disposition of cases filed against the City, as
requested by Council Member Estrada. (27)
Council Member Estrada made a motion, seconded by
Council Member Maudsley and unanimously carried, that the
report on disposition of cases filed against the City be
continued to April 4, 1988, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, Cali-
fornia.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council Meeting.
COUNCIL PERSONNEL COMMITTEE REPORT - FEBRUARY
4, 1988 - COUNCIL MEMBER REILLY
Council Member Reilly, Chairman of the Council Per-
sonnel Committee, presented the report of the Council Per-
sonnel Committee meeting held February 4, 1988. The fol-
lowing items were discussed: (28)
.
1. Consideration of Full Department Status
for Communi~~evel~Eme~!~ivi~ion - The
Committee recommended elevation of this
18
2/15/88
.
Division to Department status effective
with the 88-89 Budget. (Justification was
attached)
2. ~ecog!:l.i.!i..9.~~~mPl...2.y~es - Item con-
tinued. Several recommendations were made
for Personnel Director to incorporate and
bring back to the Committee.
3. Resolution Authorizing City Personnel
Access to Criminal History Needed to Evalu-
ate Prospective Applicants for Employment
Certification and Licensing and Repealing
Resolution 87-16 - Item discussed. Changes
recommended. Staff will bring new draft
resolution to the full Council the first
meeting in March. (See Item 12 on page 8)
4. Bond Counsel Interview and Selection _
The Committee discussed and agreed that the
ordinance identifying responsibility of
departments be adhered to. This was a
"walk-on" item by the City Attorney.
.
5. City Attorney Personnel Increase - The
Committee received a report from the City
Attorney regarding the need and intent to
hire an additional temporary secretary and
a contract attorney to assist in litigation
cases. The Committee concurred. This was a
"walk-on" item by the City Attorney.
Phil Arvizo, Executive Assistant to the Council,
asked for clarification of procedures when items are
"walked in" at a committee meeting and have not been in-
cluded on the agenda.
City Attorney Penman answered questions, stating that
technically, it is better to have items posted, and
recommended that no action be taken or discussion on walk-
on items. Any action or discussion should be included on
a future agenda, or an a supplemental agenda.
City Clerk Clark suggested that there could be a
supplemental set of minutes for walk-on items and sub-
mitted for the next Council agenda, as it wouldn't always
be possible to get items on the supplemental agenda, due
to time deadlines.
.
City Attorney Penman stated a list of rules regarding
the Brown Act had been prepared and will be distributed
shortly to the various committees.
19
2/15/88
.
Council Member Minor made a motion, seconded by
Council Member Flores and unanimously carried, that the
minutes of the Council Personnel Committee meeting held
February 4, 1988, be received and filed.
COUNCIL MEMBER POPE-LUDL~M RETURNED
Council Member Pope-Ludlam returned to the Council
Meeting and took her place at the Council Table.
REPORT OF THE LEGISLATIVE REVIEW COMMITTEE _
FEBRUARY 4, 1988 - COUNCIL ME~BER REILLY
Council Member Reilly, Chairman of the Legislative
Review Committee, presented the report of the Legislative
Review Committee meeting held February 4, 1988. The fol-
lowing items were discussed: (29)
1. Review of Residential Sprinkler Ordi-
nance - Item continued to first meeting in
AprIl. Staff to do further research on
insurance savings, need for increased man-
power and method of payment, response time
issue, more on CPVC material and availa-
bility/cost of contractors that do quality
installation.
.
2. Vending Ordinance The Committee
recommended denial of any ordinance allow-
ing hot dog carts or anything similar in
the City of San Bernardino. The Committee
recommended that if there was new evidence
to be presented by Mr. Larue it could be
presented at the next Council meeting.
3. Discussion Relative to Ordinance MC-542
~~~!i~~to Cultural Development Construc-
tion Fees - Item was referred to the City
Attornejrfor research regarding the use of
these fees. The only change recommended to
the Master Plan for the Fine Arts and Ordi-
nance MC-309, Chapter 2.30 added "and cul-
tural development" to sections where only
fine arts was mentioned. This item is to
be presented to the full Council the first
meeting in March.
.
City Attorney Penman stated that although Cultural
Development Construction Fees are presently legal, a new
law has been passed that will become effective January 1,
1989, which requires that any fees paid by the developer
have to provide a benefit to the development for which the
fees were paid. It is not certain that Cultural Develop-
ment Construction Fees provide that benefit.
20
2/15/88
.
Council Member Reilly made a motion, seconded by
Council Member Miller and unanimously carried, that the
minutes of the Legislative Review Committee held February
4, 1988, be received and filed.
REQUEST TO DEDICATE PORTION OF ELKS LANE, SOUTH
OF HIGHLAND AVENUE - GREAT AMERICAN SECURITIES,
INC. - CONTINUED FROM JANUARY 19, 1988
This is the time and place continued to for consider-
ation of a request by Great American Securities, Inc. to
dedicate a portion of Elks Lane, south of Highland Avenue.
(32 )
Ray Hedstrom, a Vice President of Great American Se-
curities, Inc., with offices in the Wells Fargo Bank
Building, explained the background of the development of
the land adjacent to Elks Lane, south of Highland Avenue.
He stated that because of development in that area and
the increased use of Fiscalini Field and the Elks Club,
traffic has also increased to the point where Elks Lane is
no longer a private drive, but is now serving as a City
street.
.
Mr. Hedstrom stated that he had met with Council
Member Reilly and Roger Hardgrave, Director of Public
Works/City Engineer, and they had stated that the street
could not be dedicated, because of deficiencies. Mr.
Hedstrom felt that the deficiencies were minor and could
be fixed. He also stated that in his opinion street main-
tenance and liability are proper functions for the City.
Mr. Hedstrom referred to the large amount of taxes
being paid by the businesses adjacent to Elks Lane and
more to be anticipated with a proposed new development.
John Austin, owner of a parcel of land and building
adjacent to Elks Lane agreed with Mr. Hedstrom, and stated
he felt very strongly that with the strong tax base pro-
vided in that area, the City should assume the upkeep of
the street.
Paul Crapo, Vice President of the Building Trustees
of the Elks Lodge, gave the history regarding the building
of the Elks Club and stated that the annual taxes for that
property will be approximately $20,000. He recommended
that the street be dedicated to the City.
Roger Hardgrave, Director of Public Works/City Engi-
neer, answered questions, stating that Elks Lane south of
Highland Avenue was originally brought in as a private
.
21
2/15/88
.
street. The main shortcoming as far as meeting City stan-
dards is the absence of a parkway along the east side of
the street, so there is no sidewalk for pedestrian access,
or space for traffic control signs, e.g., no parking
signs, etc.
John Austin, owner of one of the parcels on Elks
Lane, spoke of Phase II of the development that will soon
be going in and the additional taxes that will be gener-
ated, and again urged the City to dedicate the street.
Council Member Reilly made a motion, seconded by
Council Member Minor, that the request to dedicate a por-
tion of Elks Lane south of Highland Avenue be denied.
The motion carried by the following vote: Ayes:
Council Members Estrada, Reilly, Flores, Minor. Noes:
Council Members Maudsley, Pope-Ludlam, Miller. Absent:
None.
Mayor Wilcox stated that because of the information
provided by the City Engineer and the potential liability,
she chose not to veto the motion.
.
COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT
AGENCY - REGULAR MEETING
The Regular Meeting of the Community Development
Commission/Redevelopment Agency, was called to order by
Chair~an Wilcox in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
READING AND WAIVING OF RESOLUTIONS
City Clerk Clark and Sr. Assistant City Attorney
Barlow read the titles of all the resolutions on the Com-
munity Development Commission/Redevelopment Agency Agenda.
Council Member Miller made a motion, seconded by
Council Member Estrada and unanimously carried, that fur-
ther reading of all the resolutions on the Community De-
velopment Commission/Redevelopment Agency be waived.
PUBLIC HEARING - BOND ISSUES - SOUTHEAST INDUSTRIAL
PARK REFUNDING AND 1988 BOND ISSUES - CENTRAL CITY
NORTH REFUNDING AND 1988 BOND ISSUES - CONTINUED
FROM EARLIER IN THE MEETING
In a memorandum dated February 8, 1988, Glenda Saul,
Executive Director of the Redevelopment Agency, gave the
background of the proposed resolutions and bond issues.
(R-l B)
Mayor Wilcox opened the hearing.
.
22
2/15/88
.
Council Member Estrada made a motion, seconded by
Council Member Reilly and unanimously carried, that the
hearing be closed.
RES. 88-47 - RESOLUTION OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNAR-
DINO, CALIFORNIA, APPROVING THE ISSUANCE BY
THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO OF ITS $4,000,000 REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO,
NORTHWEST REDEVELOPMENT PROJECT, 1988 TAX
ALLOCATION NOTES, TAXABLE SERIES, AND MAK-
ING CERTAIN DETERMINATIONS RELATING
THERETO. (R-l B)
Council Member Estrada made a motion, seconded by
Council Member Miller, that said resolution be adopted.
Resolution No. 88-47 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Flores,
Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab-
sent: None.
Jeff Kinsell of Miller and Schroeder answered ques-
tions regarding the cost of these bonds.
.
Glenda Saul, Executive Director of the Redevelopment
Agency, answered questions regarding investment of the
funds.
The Council, acting as the Community Development
Commission, continued this matter to 3:45 p.m., February
18, 1988, in the Council Chambers to a,lard the $4,000,000
principal amount of Redevelopment Agency of the City of
San Bernardino Notes, taxable series, Northwest Redevelop-
ment Project; to award an aggregate principal amount not
to exceed $3,500,000 of Tax Allocation Bonds, Central City
North Redevelopment Project; and to award an aggregate
principal amount not to exceed $3,500,000 of Tax Alloca-
tion Bonds, Southeast Industrial Park Redevelopment Proj-
ect to the successful bidder.
.
RES. 88-48 - RESOLUTION OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNAR-
DINO, CALIFORNIA, APPROVING THE ISSUANCE BY
THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO OF NOT TO EXCEED $7,400,000
REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO, CENTRAL CITY NORTH REDEVELOP-
MENT PROJECT AREA, TAX ALLOCATION REFUNDING
BONDS, ISSUE OF 1988, AND MAKING CERTAIN
FINDINGS AND DETERMINATIONS IN CONNECTION
THEREWITH. (Rl[b]A)
23
2/15/88
I
.
Council Member Flores made a motion, seconded by
Council Member Miller, that said resolution be adopted.
Resolution No. 88-48 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Flores,
Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab-
sent: None.
RES. 88-49 - RESOLUTION OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNAR-
DINO, CALIFORNIA, APPROVING THE ISSUANCE BY
THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO OF ITS $3,500,000 REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO, CEN-
TRAL CITY NORTH REDEVELOPMENT PROJECT AREA,
TAX ALLOCATION BONDS, ISSUE OF 1988, AND
MAKING CERTAIN DETERMINATIONS RELATING
THERETO. (Rl[b]B)
Council Member Flores made a motion, seconded by
Council Member Miller, that said resolution be adopted.
.
Resolution No. 88-49 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Flores,
Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab-
sent: None.
RES. 88-50 - RESOLUTION OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNAR-
DINO, CALIFORNIA, APPROVING THE ISSUANCE BY
THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO OF NOT TO EXCEED $13,125,000
REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO, SOUTHEAST INDUSTRIAL PARK REDE-
VELOPMENT PROJECT AREA, TAX ALLOCATION
REFUNDING BONDS, ISSUE OF 1988, AND MAKING
CERTAIN FINDINGS AND DETERMINATIONS IN
CONNECTION THEREWITH. (Rl[c]A)
Council Member Estrada made a motion, seconded by
Council Member Flores, that said resolution be adopted.
Resolution No. 88-50 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Flores,
Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab-
sent: None.
.
24
2/15/88
I
.
RES. 88-51 - RESOLUTION OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNAR-
DINO, CALIFORNIA, APPROVING THE ISSUANCE BY
THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO OF ITS $3,500,000 REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO,
SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT
PROJECT AREA, TAX ALLOCATION BONDS, ISSUE
OF 1988, AND MAKING CERTAIN DETERMINATIONS
RELATING THERETO. (Rl[c]B)
Council Member Estrada made a motion, seconded by
Council Member Flores, that said resolution be adopted.
Resolution No. 88-51 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Flores,
Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab-
sent: None.
RES. 88-52 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE SUBMITTAL OF AN
APPLICATION TO PURCHASE CERTAIN PROPERTIES
AT TAX SALE, PURSUANT TO THE REVENUE AND
TAXATION CODE SECTION 3791.3. (RS-2b)
.
Council Member Reilly made a motion, seconded by
Council Member Flores, that said resolution be adopted.
Resolution No. 88-52 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Flores,
Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab-
sent: None.
COUNCIL MEMBER MILLER EXCUSED
Council Member Miller left the Council Meeting.
RES. 88-53 - RESOLUTION OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNAR-
DINO, CALIFORNIA, APPROVING A CERTAIN
AMENDMENT NO. 1 TO THE INDENTURE OF TRUST,
A CERTAIN AMENDMENT NO. 1 TO THE LOAN
AGREEMENT AND CERTAIN OTHER DOCUMENTS IN
CONNECTION WITH ITS CITY OF SAN BERNARDINO,
CALIFORNIA, FLOATING/FIXED RATE INDUSTRIAL
DEVELOPMENT BONDS, SERIES 1985 (GATE CITY
BEVERAGE DISTRIBUTORS PROJECT).
(R-6 )
Council Member Estrada made a motion, seconded by
Council Member Flores, that said resolution be adopted.
.
Resolution No. 88-53 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Flores,
25
2/15/88
.
Maudsley, Minor, Pope-Ludlam.
Council Member Miller.
Noes:
None.
Absent:
COUNCIL MEMBER MILLER RETURNED
Council Member Miller returned to the Council Meeting
and took her place at the Council Table.
SCULPTURE ON CITY HALL PLAZA/MAIN STREET -
RANCON ASSOCIATES
In a memorandum dated February 9, 1988, Glenda Saul,
Executive Director of the Redevelopment Agency, explained
that Main Street Corporation has been working with Rancon
Associates, developer for the Tri-city Project, in an
attempt to provide "Art in Public Places" within the down-
town area. Rancon has agreed to place a sculpture on City
Hall Plaza for approximately nine months. They intend to
rotate art in a coordinated effort with the Tri-City de-
velopmen t. (R-7 a)
Sr. Assistant City Attorney Barlow answered ques-
tions, stating that hold harmless provisions provided by
Rancon would be for damages on the art work only. The
City would be liable for injuries, as the area is already
designated as a public area.
.
Council Member Reilly made a motion, seconded by
Council Member Maudsley and unanimously carried, to recom-
mend approval for Rancon Associates to place a sculpture
on the City Hall Plaza as part of the Main Street Project,
"Art in Public Places".
PARKING DISTRICT - SET PUBLIC HEARING
In a memorandum dated February 10, 1988, Glenda Saul,
Executive Director of the Redevelopment Agency, provided
the background of Parking District actions and explained
why a public hearing is required to consider the transfer
of ownership of parking property in the Parking District
from the Redevelopment Agency to the City. (R-8a)
Council Member Estrada made a motion, seconded by
Council Member Reilly and unanimously carried, to set a
joint public hearing at 11:00 on March 7, 1988, in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California, for the purpose of transferring
parking property in the Parking District from Redevelop-
ment Agency ownership to the City of San Bernardino.
.
WAYS AND MEANS COMMITTEE REPORT - FEBRUARY 8, 1988 -
COUNCIL MEMBER FLORES
Council Member Flores, Acting Chairman of the Ways
and Means Committee, presented the report of the Ways and
26
2/15/88
.
Means Committee meeting held February 8, 1988.
lowing items were discussed:
The fol-
(30)
1. Pistol Range Schedule of Fees Resolu-
tion - The Committee recommended that Reso-
lution 87-288, September 8,1987, remain
intact:
$50 per year for range card holders
8 per day (no range card)
1 per each additional target
Ci ty Attorney Penman expressed concern regarding
liability problems with the pistol range, and urged that a
berm be constructed along the east of the pistol range to
deflect stray shots.
.
2. Visitors/Convention Bureau - Item con-
tinued. The Committee asked the Chamber
Committee to bring back a package indicat-
ing various sources of funding and what
Chamber's role will be. Whatever funding
options are available for review by Ways &
Means Committee should be included. The
package will be delivered on February 18,
so Committee can review prior to the Febru-
ary 22 meeting.
3 . f.l!Y::Q. w n~.<'L!: e a s ~!!-R. r 0.E e r t ~~ 0 r t -
Item continued. The Committee requested
combining of the two listings that were
presented. All City-owned property is to
be identified, including vacant land and
listed in three categories: 1) improved
and vacant; 2) leased by the City to some-
one else; and 3) leased to the City by
someone else.
The value of buildings and/or property is
to be reported with cost to the City in-
cluded. Report will be completed and re-
turned right after the mid-year budget
review.
.
4. Social Service Funding Pro~m Pro-
posals 1988/89 - The Committee recommended
;;--ph-a-se-down program for the agencies
listed (attached). The total City funding
recommended was $40,000. The Committee
recognized that previous overall funding
was $60,000 and that agencies were notified
last year that funding would cease within
27
2/15/88
.
three years. The Committee further recom-
mended that no solicitation of requests be
made for funding by the Parks, Recreation
and Community Services Department.
5. COMCAST Report - The Committee reviewed
a report from Mr. McDonald and Ms. Whalen
regarding COMCAST position on recent Cable
TV issues. The report generally indicated
they would cooperate with the City. The
exception was that the City would not be
allowed to audit their books. Ms. Whalen
contends that the former agreement with
Group W does not apply. The City's posi-
tion is that this agreement, with changes
that were agreed to by both parties, does
apply. COMCAST did agree that gross re-
ceipts and general operation could be re-
viewed. A Plan of Action, franchise status
and history were provided to the Committee
(attached). This was a "walk-on" item.
.
Council Member Minor made a motion, seconded by
Council Member Miller and unanimously carried, that the
minutes of the Ways and Means Committee meeting held Feb-
ruary 8, 1988, be received and filed.
COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT
AGENCY - CLOSED SESSION
At 11: 48 a.m., the Mayor and Common Council, acting
as the Community Development Commission recessed to a
Closed Session in the Conference Room of the Council Cham-
bers, City Hall, 300 North "D" Street, San Bernardino,
California.
RECONVENE MEETING
At 12: 25 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 Deputy City Clerk Reese with
the following being present: Mayor Wilcox; Council Mem-
bers Estrada, Reilly, Flores, Maudsley, Minor, Pope-Lud-
lam, Miller; City Attorney Penman, Deputy City Clerk
Reese, City Administrator Schweitzer. Absent: None.
COUNCIL MEMBER MILLER EXCUSED
Council Member Miller left the Council Meeting.
.
28
2/15/88
.
RECESS MEETING
At 12:25 p.m., Council Member Reilly made a motion,
seconded by Council Member Flores and unanimously carried,
that the Regular Meeting of the Mayor and Common Council
recess to the Management Information Center (MIC), Sixth
Floor, City Hall, 300 North "D" Street, San Bernardino,
California for a luncheon workshop with county representa-
tives for discussion of a San Bernardino County Draft
Hazardous Waste Management Plan.
SAN BERNARDINO COUNTY DRAFT HAZARDOUS WASTE
MANAGEMENT PLAN - DISCUSSION
At 12:51 p.m., the workshop with County representa-
tives relative to San Bernardino County Draft Hazardous
Waste Management Plan was called to order in the Manage-
ment Information Center (MIC), Sixth Floor, City Hall, 300
North "D" Street, San Bernardino, California. (26)
ROLL CALL
Roll Call was taken by Deputy City Clerk Reese with
the following being present: Mayor Wilcox; Council Mem-
bers Estrada, Reilly, Flores, Maudsley, Minor, Pope-Lud-
lam, Miller; Deputy City Attorney Lek Von Kaesborg, Deputy
City Clerk Reese, City Administrator Schweitzer. Absent:
None.
.
Judy Orttung, Environmental Specialist, Department of
Environmental Health Services, San Bernardino, California,
presented the Draft Hazardous Waste Management Plan. She
explained that under State law, this plan must be approved
by 50% of the cities representing 50% of the population in
the incorporated areas of the county. The final plan must
also be approved by the State Department of Health Ser-
vices.
DEPUTY CITY CLERK LANG ARRIVED
At 1:00 p.m., Deputy City Clerk Lang replaced Deputy
City Clerk Reese.
Ms. Orttung provided definitions of terms used in
discussion of the hazardous waste plan and set forth the
goals of the plan: to protect public health, safety &
environment; to provide a process for locating and taking
care of hazardous waste in the County. She stated that a
major concern in the County is protection of the ground-
water, as 85% of the drinking water is provided by ground-
water.
.
Ms. Orttung suggested that cities require a CUP for
companies handling extremely hazardous waste. The use of
the business license as a method of screening companies
29
2/15/88
.
which use hazardous materials and generate hazardous waste
was suggested.
Ms. Orttung presented insight into the protection
policies for air quality, water quality, surface and
groundwater, and stated she is hoping to work with cities
to develop an accountable plan to protect residents.
The Mayor and Council agreed that the Legislative
Review Committee will review the proposed County Draft
Hazardous Waste Management Plan, and the subject will be
placed on the Council Agenda for March 21, 1988, with
staff providing input to the Council.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
At 1:25 p.m., Council Member Pope-Ludlam left the
Workshop.
ADJOURN WORKSHOP
At 1:27 p.m., Council Member Minor made a motion,
seconded by Council Member Flores and unanimously carried,
that the workshop be adjourned to 2:00 p.m., in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
.
RECONVENE MEETING
At 2:03 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 Deputy City Clerk Lang with
the following being present: Mayor Wilcox; Council Mem-
bers Estrada, Reilly, Flores, Maudsley, Minor, Miller;
City Attorney Penman, Deputy City Clerk Lang, City Admin-
istrator Schweitzer. Absent: Council Member Pope-Ludlam.
CUP 86-44 - INDOOR SHOOTING GALLERY - RETAIL STORE -
TRAINING FACILITY - 766 SOUTH LUGO - ROBERT L.
FISHER - APPEAL OF CONDITIONS - STATUS REPORT -
CONTINUED FROM NOVEMBER 16, 1987
This is the time and place continued to for a status
report on the progress of applicant Robert Fisher in meet-
ing the conditions imposed on Conditional Use Permit No.
86-44, an indoor shooting gallery, retail store and train-
ing facility at 766 South Lugo. (34)
.
Planning Director Siracusa presented a report on the
progress being made of the conditions imposed on Condi-
tional Use Permit No. 86-44. The applicant was given
until June, 1988, to comply with the conditions.
30
2/15/88
.
Members of the Planning staff made an inspection of
the site on February 8, 1988, and made the following ob-
servations: substantial progress has been made in comply-
ing with the conditions. However, there are still some
problems. The handicapped stall has been relocated as
required, but wheel stops haven't been installed; refuse
enclosure has been constructed, but does not comply with
City standards; curb and gutter have been installed as
required, but parking lot next to the building has not
been restriped; the required 32 parking spaces are not
available; a fence has been relocated but stumps were left
in the ground, causing a safety hazard; also landscaping
and sign requirements have not been met.
Ms. Siracusa stated that staff recommends that
Council modify the original conditions to require that the
fence posts be cut off and the holes be filled in so there
are no jagged edges, and the CUP be continued to June 6,
1988.
COUNCIL MEMBER POPE-LUDLAM RETURNED
Council Member Pope-Ludlam returned to the Council
Meeting and took her place at the Council Table.
.
Council Member Estrada made a motion, seconded by
Council Member Flores and unanimously carried, that a
letter be sent to the applicant stating that the Council
expressed desire to have all conditions met by May, 1988.
Otherwise, prepare for hearing again at the meeting of the
Mayor and Council to be held on June 6, 1988, in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
City Attorney Penman expressed concern about some
safety problems in the shooting range building, and stated
he had referred them to OSHA for consideration.
.
CHANGE OF ZONE NO. 87-9 - CHANGE ZONING DISTRICT
FROM R-1-7200, SINGLE FAMILY RESIDENTIAL TO
P.R.D. - 7, PLANNED RESIDENTIAL DEVELOPMENT _
RIALTO AVENUE WEST OF RANCHO AVENUE - CONTINUED
FROM JANUARY 19, 1988
This is the time and place continued to for consider-
ation of an application for Change of Zone No. 87-9. This
application 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-1-7200, Single Family Residential, to
P.R.D. - 7, Planned Residential Development on approxi-
mately 19.3 acres located on the southerly side of Rialto
Avenue, approximately 1,380 feet west of the centerline of
Rancho Avenue. (35)
31
2/15/88
.
Mayor wilcox opened the hearing.
Planning Director Siracusa stated this matter should
also be considered as an appeal hearing in addition to
consideration of the application for change of zone.
Letters of protest were received from Douglas R.
Charles, 222 South Rancho Ave., E. J. Hutchinson, 2122
Chestnut Street, Alfred Montanari, 2151 w. Rialto Avenue,
Henry and Alice Stiel, 2250 W. Chestnut Street, Jim Anders
and Mary Gourlay, 2075 W. Rialto Ave., Herbert and Mary
Hodson, Robert H. Faulks, 2280 Rialto Avenue.
Planning Director Siracusa presented the background
of the application for Change of Zone 87-9. She stated
that the Planning Commission had voted unanimously to deny
the request. There was a concern regarding the increase
in density.
Ms. Siracusa stated that a compromise was suggested
by changing the PRD from 7 to 6.
.
Ms. Siracusa stated that the City Attorney had ad-
vised her that if the Council approved this zone change to
either PRD 6 or 7, it would increase the density and the
action should be contingent upon the approval of an exemp-
tion from OPR regulations. She stated that staff recom-
mended approval of the zone change to PRD 6, contingent
upon approval of OPR.
Oscar Montez, engineer for the applicant, answered
questions of the Council, stating he was agreeable to the
change to PRD 6. He stated there were three floor plans,
with the following areas: Plan 1 - 1305 square feet; Plan
2 - 1510 square feet; Plan 3 - 1766 square feet. The
average lot size is 6,000 square feet. He stated it would
be a gated community with a decorative wall, open space,
swimming pool, spa, recreation room, barbeque and exten-
sive landscaping which would be maintained by a homeowners
association. The cost of the homes would be $79,900 to
$102,000.
City Attorney Penman stated he thought it was very
unlikely that OPR would permit the zone change, as in the
most recent letter from the Governor's Office of Research
& Planning it is specifically stated that approval would
not be given for a zone change to a higher density.
.
It was reported that a neighborhood meeting had been
held to allow discussion on this issue. Mr. Montez stated
he thought it was the consensus of the neighbors at that
meeting to agree to PRD 6.
32
2/15/88
.
City Attorney Penman answered questions regarding the
OPR letter from Mr. Carlyle dated February 5, 1988, which
stated in part:" please be advised that zone
changes are permitted south of said line under my letter
of January 14, 1988, as long as they do not result in an
increase in density. . .".
Council Member Minor made a motion, seconded by
Council Member Miller and unanimously carried, to close
the hearing, deny the appeal, and approve findings and
recommendations of the Planning Commission and the advice
of the City Attorney pursuant to the OPR letter dated
February 5, 1988.
City Attorney Penman stated he had given Mr. Montez a
copy of the OPR letter from Mr. Carlyle dated February 5,
1988.
GENERAL PLAN CITIZEN ADVISORY COMMITTEE _
REMOVAL/APPOINTMENT OF MEMBERS
In a memorandum dated February 3, 1988, Planning
Director Siracusa, recommended that the following members
of the General Plan Task Force be removed for excessive
absences: (36)
.
Regular Members
Antolin Gomez
Armando Gonzales
Sherrall Powell
Alternate Members
Ray Copple
Susan Wilson
Ms. Siracusa recommended the appointment of the fol-
lowing alternate members to replace the regular members
listed above:
Wade Byars
Ron Coats
Martha Scudder
Council Member Reilly made a motion, seconded by
Council Member Minor and unanimously carried, to refer the
suggested change in personnel back to the General Plan
Task Force to consider Council Member Pope-Ludlam's sug-
gestion that a resident of the Sixth Ward be appointed to
serve on the Committee. A recommendation is to be brought
back to the meeting of March 7, 1988, in the Council Cham-
bers of City Hall, 300 North "D" Street, San Bernardino,
California.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council Meeting.
.
33
2/15/88
.
JOINT MAYOR AND COUNCIL AND PLANNING COMMISSION
BUS TOUR OF CITY - ESTABLISH DATE
In a memorandum dated February 4,1988, Planning
Director Siracusa stated that the General Plan Task Force
had requested that there be a bus tour of the City by the
Mayor and Council and Planning Commission. The purpose of
the tour is to view different areas of the City in prepar-
ation for the public hearings on the proposed land use
alternatives. (37)
Council Member Miller made a motion, seconded by
Council Member Maudsley and unanimously carried, that the
proposed City tour suggestion be continued to March 7,
1988, in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California, and that a date be set
at that time.
COUNCIL MEMBER POPE-LUDLAM RETURNED
Council Member Pope-Ludlam returned to the Council
Meeting and took her place at the Council Table.
.
APPLICATION FOR CHANGE OF ZONE NO. 87-23, CHANGE
LAND USE ZONING DESIGNATION FROM R-3-l200,
MULTIPLE FAMILY RESIDENTIAL TO C-3A, LIMITED
GENERAL COMMERCIAL - VINE STREET WEST OF SIERRA WAY
In a memorandum dated February 3, 1988, Planning
Director Siracusa stated that the Planning Commission had
unanimously recommended approval of the application for
Change of Zone No. 87-23 and Negative Declaration for
Environmental Impact. (38)
The applicant/owner is San Bernardino Valley Light-
house for the Blind, Inc., 762 N. Sierra Way, San Bernar-
dino, CA 92410. The request is for approval to change the
land use zoning designation from R-3-l200, Multiple Family
Residential to C-3A, Limited General Commercial on an
irregularly-shaped parcel of land consisting of 1.39 acres
located on the north side of Vine Street approximately 195
feet west of the centerline of Sierra Way.
Council Member Estrada made a motion, seconded by
Council Member Flores and unanimously carried, to adopt
the Negative Declaration and approve the recommendation of
the Planning Commission and direct the City Attorney to
prepare the necessary amendments to the Zoning Code.
.
CHANGE OF ZONE NO. 87-24 - CHANGE ZONE FROM
"T" TRANSITIONAL TO C-3A LIMITED GENERAL
COMMERCIAL - SPRUCE STREET AND HERRINGTON AVE
In a memorandum dated February 4, 1988, Planning
Director Siracusa stated that the Planning Commission had
34
2/15/88
.
unanimously recommended approval
87-24 and the Negative Declaration
pact.
for Change of Zone No.
for Environmental Im-
(39 )
The application for Change of Zone No. 87-24 was made
by Frank Tracadas & Associates, 463 N. Sierra Way, San
Bernardino, CA 92410, for owners Do III Lee and Kyung Ae
Lee, 127 Orange Park, Redlands, CA 92374, for a change of
zone from "T" Transitional to C-3A Limited General Commer-
cial. The property in question consists of two vacant
parcels encompassing 16,995 square feet located on the
southeast corner of Spruce Street and Herrington Avenue.
Council Member Estrada made a motion, seconded by
Council Member Reilly and unanimously carried, to adopt
the Negative Declaration and approve the recommendations
of the Planning Commission and direct the City Attorney to
prepare the necessary amendments to the Zoning Code.
.
ASSESSMENT DISTRICT NO. 985 - SELECTION OF
INVESTMENT BANKER AND BOND COUNSEL - IMPROVEMENT
OF INDUSTRIAL PARKWAY
In a memorandum dated February 4, 1988, Roger Hard-
grave, Director of Public Works/City Engineer, stated that
a recommendation had been received from the property own-
ers within Assessment District 985 that the firms of
Stone & Youngberg, and Best, Best & Kreiger, be retained
as investment banker and bond counsel. Mr. Hardgrave
explained that both of these firms are large, well estab-
lished organizations that have provided services for the
City in the past. (31)
Mr. Hardgrave also noted in his memorandum that all
activities related to the formation of assessment dis-
tricts have historically been coordinated through the
Engineering Division. However, the City Attorney has
indicated that he would prefer that retention and direc-
tion of the Bond Counsel be handled by his office.
It was pointed out that the City Attorney had recom-
mended the retention of Best, Best & Kreiger for Bond
Counsel.
Council Member Flores made a motion, seconded by
Council Member Estrada and unanimously carried, that the
recommendation by the property owners that the firms of
Stone & Youngberg and Best, Best & Kreiger be retained as
Investment Banker and Bond Counsel respectively, for
Assessment District No. 985, Improvement of Industrial
Parkway, be accepted; and that the Director of Public
.
35
2/15/88
.
Works/City Engineer be directed to present agreements for
these services for approval at the Council Meeting of
March 7, 1988.
EXEMPTION FROM UNDERGROUNDING OF UTILITIES -
PARCEL 2 - MAP 2676 - 2ND LOT FROM S/W CORNER
OF PARKS IDE AND PARKDALE ON PARKDALE - CONTINUED
FROM FEBRUARY 1, 1988
This is the time and place continued to for consider-
ation 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 Parks ide
and Parkdale Avenues on Parkdale. (33)
Council Member Maudsley made a motion, seconded by
Council Member Reilly and unanimously carried, that the
matter concerning the exemption from the requirement of
undergrounding 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
March 7, 1988, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
.
RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A LEASE WITH
THE CITY OF SAN BERNARDINO, THE REDEVELOP-
MENT AGENCY OF THE CITY OF SAN BERNARDINO,
AND THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION
OF SAN BERNARDINO, RELATING TO LEASE OF
SPACE. (Continued from earlier in the
meeting. See page 11)
(15 )
Council Member Estrada made a motion, seconded by
Council Member Maudsley and unanimously carried, that said
resolution be continued to March 7, 1988, for the public
hearing to be held in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
COUNCIL MEMBER ESTRADA EXCUSED
Council Member Estrada left the Council Meeting.
MOBILEHOME PARK AD HOC COMMITTEE MEETING REPORT -
FEBRUARY 3, 1988 - RELATIVE TO CONNERLY AND
ASSOCIATES SURVEY - COUNCIL MEMBER FLORES
Council Member Flores, Chairman of the Mobilehome
Park Ad Hoc Committee, presented the report of the Mobile-
home Park Ad Hoc Committee meeting held on February 3,
1988. The following was discussed: (S-l)
.
The Committee requested staff to develop a proposed
ordinance that would include some of the following points:
36
2/15/88
.
l.
board.
Establishment of a five-member rent mediation
2. Rent increases would be established using the Los
Angeles - Anaheim - Long Beach CPl.
3. .lJ, vol unteer park owner-tenant dispute resolution
process to be established.
4. Establish a financial and technical assistance
program.
5. Establish a financial assistance program for very
low income residents.
6. Capital expenditures passed through to tenants by
park owners plan.
Council Member Flores made a motion, seconded by
Council Member Reilly and unanimously carried, that the
report from the Mobilehome Park Ad Hoc Committee meeting
held February 3, 1988, be received and filed.
.
COUNCIL MEMBER ESTRADA RETURNED
Council Member Estrada returned to the Council Meet-
ing and took her place at the Council Table.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council Meeting.
POLICE BUILDING AD HOC COMMITTEE REPORT -
FEBRUARY 12, 1988 - COUNCIL MEMBER ESTRADA
Council Member Estrada, Chairwoman of the Police
Building Ad Hoc Committee, presented the report of the
meeting of the Police Building Ad Hoc Committee held on
February 12, 1988. (S-2)
The Police Building Ad Hoc Committee received a re-
port from consultants Steinmann, Grayson and Smylie re-
garding the current status of the first phase in the
police facility requirement study. Mr. Grayson presented
a compilation of all computerized data based on interviews
that were conducted with Police Department employees.
Figures were also provided regarding the projected number
of personnel. After discussion, the Committee requested
that the consultant provide a schedule of the remaining
phases of the study in order to set up meeting dates and
agendas.
.
Council Member Minor made a motion, seconded by
Council Member Reilly and unanimously carried, that the
37
2/15/88
.
report from the Police Building Ad Hoc Committee meeting
held February 12, 1988, be received and filed.
AUTHORIZATION TO CO-SPONSOR - "THE BOYS CHOIR
OF HARLEM" CONCERT - STURGES AUDITORIUM -
MARCH 29, 1988
In a memorandum dated February 10, 1988, Annie Ramos,
Director of Parks, Recreation & Community Services,
stated that the Boys Choir of Harlem had extended their
national tour to include a performance in San Bernardino.
She stated that a tentative date of March 29, 1988, had
been established to be held at Sturges Auditorium at 7:00
p.m. (S-3)
In the memorandum, Ms. Ramos explained that Jack and
Jill of America, Inc. will co-sponsor the event, and
listed the responsibilities they would assume. She stated
that the responsibility of the Parks, Recreation & Com-
munity Services Department would be to provide the facil-
ity and technical support. Additionally, the department
has secured, without charge, the Western Regional Little
League headquarters for rooming of the entourage.
.
Ms. Ramos also explained that profit from the concert
is expected to be between $5,000 and $7,000. The depart-
ment's share of the profits would be used for equipment
for the Johnson Hall Tiny Tots Program.
City Administrator Schweitzer answered questions.
City Attorney Penman answered questions regarding
liability.
Council Member Reilly made a motion, seconded by
Council Member Flores and unanimously carried, that Jack
and Jill of America, Inc., be authorized to co-sponsor
"The Boys Choir of Harlem" concert with the Parks, Recrea-
tion & Community Services Department.
RECESS MEETING - CLOSED SESSION
At 2:55 p.m., Council Member Minor made a motion,
seconded by Council Member Estrada and unanimously car-
ried, that the meeting recess to a Closed Session pursuant
to the following sections:
Government Code Section 54956.9(b) (1) to confer with
its attorney regarding pending litigation, as there is
significant exposure to litigation; (41)
.
Government Code Section 54956.9(c) to confer with its
attorney regarding pending litigation, so that Council may
decide whether to initiate litigation; (42)
38
2/15/88
.
Government Code
attorney regarding
initiated formally
lows:
Section 54956.9(a) to confer with its
pending litigation which has been
to which the City is a party as fol-
(43 )
(a) Malleck v. City of San Bernardino - Case No.
87-1615 AWT---------------
(b)
Bernardino
Joe E. Moreno and Sylvia Macias v. City of San
- Case No. 87B-08l
(c) Rivas v. City of San Bernardino - San Bernar-
dino Superior Court No. SCV 227757;
(d) Orange Show Lincoln Mercury v. RDA - CV 88-00367
(e) Lewis V. City of San Bernardino - 86A-032
(f) City of San Bernardino v. San Bernardino Base-
ball Club, Inc. - San Bernardino Superior Court Case No.
239193;----
(g) Saldecke, et al v. City of San Bernardino, et al
- San Bernardino Superior Court No. 236836;
.
(h) Ci!:.Lof San Bernardino v. California Construc-
tion Management, et al - San Bernardino Superior Court No.
238755;
(i) Transcontinental v. Cit~f San Bernardino
- Fed. Case No. CV 87-0957-RMT (BX)
CLOSED SESSION
At 2:55 p.m., the Closed Session was called to order
in the Conference Room of 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: Deputy City
Clerk Lang.
Also present: Sr. Assistant City Attorney Barlow;
Attorney Chris Warner.
DEPUTY CITY CLERK LANG ARRIVED
Deputy City Clerk Lang arrived at the Closed Session.
.
39
2/15/88
.
ADJOURN CLOSED SESSION
At 4:00 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: 00 p.m., the Regular ~leeting 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 Deputy City Clerk Lang with
the following being present: Mayor Wilcox; Council Mem-
bers Estrada, Reilly, Flores, Maudsley, Minor, Miller;
City Attorney Penman, Deputy City Clerk Lang; City Admin-
istrator Schweitzer. Absent: Council Member Pope-Ludlam.
ADJOURN MEETING
At 4:00 p.m., Council Member Minor made a motion,
seconded by Council Member Flores and unanimously carried,
that the meeting be adjourned to 12:00 Noon, Thursday,
February 18, 1988, in the Redevelopment Agency Conference
Room, Fourth Floor, City Hall, 300 North "D" Street, San
Bernardino, California. (44)
.
d2/d'~~
Deputy City C rk
~//?aL&1~
,/ City Clerk
i2.4.JL./
Clerk
No. of Items: 60
No. of Hours: 7
.
40
2/15/88