Loading...
HomeMy WebLinkAbout03-21-1988 Minutes . City of San Bernardino, California March 21, 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., Monday, March 21, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Sister Davida Schaefer, Our Lady of Fatima Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Estrada. . ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller; City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Minor; City Attorney Penman. PRESENTATION - AWARD SERVICE PINS Richard Bennecke, Executive Assistant to the Mayor, presented service pins to the following City employees: (A) Five years Jan Memmott Police Department Twenty years Rachel Shay David Clark Engineering Department Police Department Twenty-five years David Villalobos Domingo Arriola Public Services/Refuse Public Services/Refuse All recipients were present except Mr. Arriolo. PROCLAMATION - ALCOHOL AWARENESS MONTH - MARCH, 1988 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Ber- nardino proclaiming the month of March, 1988, as Alcohol Awareness Month, which requested that citizens be aware of the dangers associated with alcohol consumption. (A) . Charlene Daniels, Alcohol Program Administrator, County of San Bernardino, Department of Mental Health, 1 3/21/88 . Office of Alcohol and Drug Programs, was present to accept the proclamation. She referred to the official mascot "Dink the Dinosaur", and presented "Dink" hats, cups and key chains to the Mayor and Council. CITY ATTORNEY PENMAN ARRIVED At 9:10 a.m., City Attorney Penman arrived at the Council Meeting. PROCLAMATION - EARTHQUAKE PREPAREDNESS MONTH _ APRIL, 1988 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Ber- nardino proclaiming the month of April, 1988, as Cali- fornia Earthquake Preparedness Month. (A) Joyce Marion, Emergency Services representative, was present to accept the proclamation, and invited all pres- ent to attend an Inland Empire Disaster Fair, to be held April 9 - 10, 1988, at the Inland Center. . COMMENDATION - MISS SAN BERNARDINO, 1987 - LAURA WEST Richard Bennecke, Executive Assistant to the Mayor, read a resolution that had been presented March 11, 1988, at the Exchange Club commending Laura West, Miss San Ber- nardino for 1987, and the Exchange Club for their service to the City during 1987. MISS SAN BERNARDINO, 1988 - APRIL MEANS Richard Bennecke, Executive Assistant to the Mayor, introduced April Means, Miss San Bernardino, 1988, and her chaperons, Chuck and Jean Palmer. (A) April Means, Miss San Bernardino, 1988, stated she was very honored to be present and would do her best to represent the City. CITY ATTORNEY PENMAN EXCUSED At 9:18 a.m., City Attorney Penman left the Council Meeting. . PUBLIC COMMENTS - HELEN KOPCZYNSKI - VERDEMONT AREA DEVELOPMENT Helen Kopczynski, 8150 Cable Canyon, San Bernardino, CA, spoke in opposition to a housing project located near Palm and Kendall. The project is in litigation at the present time. Mrs. Kopczynski read from Section 19.66.060 A (2) of the San Bernardino Municipal Code, and stated she feels that the proposed project is probably a non-conform- ing use. She spoke of the negative impact of additional housing units on inadequate schools, roads and other in- frastructures serving the community. (C) 2 3/21/88 . Mrs. Kopczynski requested that a public hearing be scheduled for the many residents interested in protesting this project. CITY ATTORNEY PENMAN RETURNED City Attorney Penman returned to the Council Meeting. City Attorney Penman stated the proposed housing project is in litigation, and he will oppose it when it goes to Court on March 31, 1988, and is heard before Judge Chapman. It was decided that a meeting will be scheduled at 5:30 p.m., on Monday, March 28, 1988, at Sturges Auditorium, 780 N. "E" Street, for the residents in the Verdemont Area to express their concerns over the proposed project. CITY ATTORNEY PENMAN EXCUSED City Attorney Penman left the Council Meeting. . PUBLIC COMMENTS - THE SWORD - HOUSE OF YING A citizen, identifying himself as the Sword, Comman- der-in-Chief of the House of Ying, spoke regarding the homeless and oppressed. He presented seven recommenda- tions regarding the feeding, housing and protection against certain types of incarceration of the homeless and oppressed. (C) CITY ATTORNEY PENMAN RETURNED City Attorney Penman returned to the Council Meeting. APPROVAL OF MINUTES - MARCH 7, 1988 Council Member P0ge-Ludlam made a motion, seconded by Council Member Reilly and unanimously carried, that the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 7th of March, 1988, be approved as presented in typewritten form. (1) REINSTATE VACATION TIME - JESSE CAMPOS - FIRE DEPARTMENT - DISASTER SIMULATION EXERCISE IN WASHINGTON, D.C. - MARCH 6-21, 1988 In a memorandum dated March 3, 1988, Fire Chief New- combe explained that Acting Captain Jesse Campos had served at a Disaster Simulation Exercise in Washington, D.C., March 6 to 21, 1988, at the request of the U. S. Department of Agriculture. Vacation time was used for this absence. Chief Newcombe requested that the 96 hours be reinstated, as this exercise was a learning experience and will benefit the Fire Department. (2) . Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly and unanimously carried, that vaca- 3 3/21/88 . tion used by Acting Captain Jesse Campos to assist the U. S. Department of Agriculture in a disaster simulation exercise in Vlashington, D.C., from March 6 to March 21, 1988, be reinstated. SET PUBLIC HEARING - INCREASING VEHICLE ABATEMENT CHARGE - MONDAY, APRIL 4, 1988 In a memorandum dated March 9, 1988, Fire Chief New- combe presented a breakdown of the cost of abating an inoperable vehicle. The total cost is $107.48. He recom- mended that an administrative fee of $100 be charged for each vehicle that is abated by the City. The current charge is $25.00. (3) Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly and unanimously carried, that a public hearing be held Monday, April 4, 1988, at 10:00 a.m.. in the Council Chambers of City Hall, for the pur- pose of increasing the vehicle abatement charge. . BLAIR PARK - USE OF FIFTH WARD PARK EXTENSION FUNDS - RESURFACE AND STRIPE TWO TENNIS COURTS In a memorandum dated March 8, 1988, Annie Ramos, Director of Parks, Recreation & Community Services Depart- ment, requested the use of $3,200 from the Fifth Ward Park Extension Funds to resurface and restripe two tennis courts at Blair Park. This action would make the courts safer and more attractive. (4) Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly and unanimously carried, to approve the use of $3,200 from the Fifth Ward Park Extension Funds for the resurfacing and striping of two tennis courts at Blair Park. WILDWOOD PARK - INSTALL VIEWSITE LANDMARK MONUMENT BY "FRIENDS OF THE ARROWHEAD" In a memorandum dated March 8, 1988, Annie Ramos, Director of Parks, Recreation & Community Services Depart- ment, explained that Mr. Willard Monninger, representing "Friends of the Arrowhead" presented to the Park and Rec- reation Commission a plan for erecting a monument and viewsite at the north end of wildwood Park. This site would be for travelers to pull off the road, view the arrowhead and be able to read information regarding the arrowhead that would be depicted on the monument. (5) . Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly and unanimously carried, that the installation of a viewsite landmark monument at wildwood Park by "Friends of the Arrowhead", be approved. 4 3/21/88 I L __ . LYTLE CREEK AND WILDWOOD PARKS - REMOVAL OF ARCHITECTURAL BARRIERS - FINDING OF NEED FOR HEALTH & SAFETY REASONS In a memorandum dated February 23, 1988, Roger Hard- grave, Director of Public Works/City Engineer, explained that improvements in Lytle Creek and wildwood Parks were constructed before handicapped standards were adopted. As a result, these facilities are not accessible to the handicapped. Removal of the architectural barriers will bring the facilities up to current handicap standards and make them fully accessible. (6) Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly and unanimously carried, that a finding be made that the removal of architectural barriers at Lytle Creek and wildwood Parks is needed for health and snfety reasons. . INSTALLATION OF SEWER MAIN - 20TH STREET, EAST OF "0" STREET - FINDING OF NEED FOR HEALTH AND SAFETY REASONS In a memorandum dated February 23, 1988, Roger Hard- grave, Director of Public Works/City Engineer, explained that the homes on the north side of 20th Street, east of "0" Street, are served by a private sewer line, which is subject to becoming plugged by tree roots. When this occurs, the residents are subjected to possible contact with raw sewage. He stated that the installation of a public sewer line would provide these homes with a reli- able waste disposal system. (7) Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly, that a finding be made that the installation of a replacement sewer line for 20th Street, east of "0" Street, is needed for health and safety reasons. The Council Miller. Abstain: motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Pope-Ludlam, Noes: None. Absent: Council Member Minor. Council Member Maudsley. . SECCOMBE LAKE STATE URBAN RECREATION AREA - CONSTRUCTION OF PHASE I-B - FINDING OF NEED FOR HEALTH AND SAFETY REASONS In a memorandum dated February 19, 1988, Roger Hard- grave, Director of Public Works/City Engineer, explained that Phases I-A and II-A of Seccombe Lake State Urban Recreation Area have been completed and funds allocated by the State for Phase I-B. He stated that the preservation of recreational facilities contributes significantly to a healthy physical and moral environment and also contribute to the economic betterment of the community. (8) 5 3/21/88 ,----- . Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly and unanimously carried, that a finding be made that construction of Phase I-B of the Seccombe Lake State Urban Recreation Area is needed for health and safety reasons. MODIFICATION OF TRAFFIC SIGNALS ON "I" STREET AT RIALTO AVENUE AND SECOND STREET - DEL ROSA AVENUE AND DATE STREET - FINDING OF NEED FOR HEALTH AND SAFETY REASONS In a memorandum dated February 23, 1988, Roger Hard- grave, Director of Public Works/City Engineer, explained that the modification of traffic signals on "I" Street, at Rialto Avenue and Second Street, and Del Rosa and Date Street is expected to reduce the number of accidents re- corded at these intersections. (9) Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly and unanimously carried, that a finding be made that the modification of traffic signals on "I" Street, at Rialto Avenue and Second Street, and at Del Rosa Avenue and Date Street, is needed for health and safety reasons. . PATTON PARK SOUTH, PHASE III - APPROVAL AND ACCEPTANCE OF WORK - MATICH CORPORATION In a memorandum dated March 9, 1988, Roger Hardgrave, Director of Public Works/City Engineer, explained that all work under the contract with Matich Corporation for im- provement of Patton Park South, Phase III, had been satis- factorily completed as of February 2, 1988. The final contract price was $297,567.88. (10) Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly and unanimously carried, that the work performed by the contractor for improvements of Pat- ton Park South, Phase III, in accordance with Plan No. 7169, be approved and accepted; and that final payment be authorized at the expiration of the lien period. . FIRE STATION CONSTRUCTION - TRI-CITY CORPORATE COMPLEX - MARTIN JASKA, INC. - CHANGE ORDER NO. THREE In a memorandum dated March 9, 1988, Roger Hardgrave, Director of Public Works/City Engineer, explained Change Order No. Three to the contract with Martin Jaska, Inc. for construction of the new fire station in the Tri-City Corporate Complex. The Fire Department has requested that seven wrought iron panels along the westerly boundary of the site be changed to solid masonry in order to shield the rear of the fire station from public view. Change Order No. Three will increase the contract price by 6 3/21/88 . $2,200.00 from $784,631.00 to $786.831.00. Project fund- ing contains $45,987.00 for contingencies, which can be used to finance the cost of this change order. (11) Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly and unanimously carried, to approve Change Order No. Three to the contract with Martin Jaska, Inc., for the construction of a fire station at Tri-City Complex; and to authorize the contractor to install seven solid block wall sections in lieu of wrought iron panels, for an increase in the contract price of $2,200.00, from $784,631.00 to $786,831.00. CLAIMS AND PAYROLL Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly and unanimously carried, that the claims and payrolls, and authorization of issuance of warrants as listed on the memorandum from the Director of Finance, be approved as follows: (12) 1. Approve the register of demand dated: March 2, 1988 87/88 #32 $1,461,111.74 . 2. Approve the total gross payroll for the period February 15, 1988, through February 28, 1988, in the amount of $1,385,249.79. PERSONNEL ACTIONS Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly and unanimously carried, that the personnel actions submitted by the Director of Personnel, in accordance with all administrative regulations of the City of San Bernardino, be approved as listed below with changes as follows: "Promotion/Provisional" to "Higher Acting Classification" on first item on page 2; and "Police" to I1parks, Recreation & Community Services" on the top- of page 3. (13) APPO I N1'MENTS Police Department Tommy J. Brooks - Dispatcher I - Effective March 22, 1988 Administration Bruce C. Hill - CATV Production Specialist I - Effective March 22, 1988 . Public Works/Engineering Antonio A. Lugo - civil Engineering Assistant I - Effective March 22, 1988 7 3/21/88 . TEMPORARY APPOINTMENTS Police Department Law Enforcement Trainee - Effective March 22, 1988 through August 5, 1988 James G. Beach Steven D. Newman Tracy J. Rogers Richard E. Dawes Adolfo A. Ramirez Parks, Recreation & Community Services Recreation Aide - Effective March 22, 1988 through September 5, 1988 Leo Magallanes Sylvia D. Ramirez Public Works/Public Buildings Custodial Aide - Effective March 22, 1988 through September 21, 1988 . Donnie R. Carson Johnny O. McDonald Guadalupe C. Rivera Rene M. Villa Gabriel J. Garcia Miiko L. Randall Javier L. Valencia PROMOTIONS Community Development Barbara A. Sharp - Account Clerk III - From Typist Clerk III to Account Clerk III - Effective March 22, 1988 Finance Department Loyd H. Corley - Senior Buyer - From Stores Supervisor to Senior Buyer - Effective March 22, 1988 Parks, Recreation & Community Services Adam Webb - Park Maintenance Worker III - From Park Maintenance Worker II to Park Maintenance Worker III - Effective March 22, 19898 S.B.E.T.A. Gary Cotta - Staff Analyst II - From Staff Analyst I to Staff Analyst II - Effective March 22, 1988 . 8 3/21/88 . HIGHER ACTING CLASSIFICATION Public Services/Street Joaquin Negrete - Methods & Standards Expeditor II - From Maintenance Workers II to Methods & Standards Expeditor II - Effective March 22, 1988 City Clerk Regina M. Clause - Typist Clerk III - Effective February 16, 1988 through April 11, 1988 COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. RECESS MEETING - CLOSED SESSION At 9:45 a.m., Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the Regular Meeting of the Mayor and Common Council recess to Closed Session to confer with its attorney re- garding pending litigation pursuant to Government Code Section 54956.9(b) (1), as there is significant exposure to litigation. (39) . CLOSED SESSION At 9:45 a.m., the Closed Session was called to order by Mayor wilcox in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. (39) (See announcement by City Attorney regarding this meeting on page 34) ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Miller; City Attorney Penman. Absent: Council Members Minor, Pope-Ludlam; City Clerk Clark, City Admin- istrator Schweitzer. Also present: Deputy City Attorney McQueen; a court reporter. COUNCIL MEMBER POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the Closed Session. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Closed Session. . ADJOURN CLOSED SESSION At 11:00 a.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council in the 9 3/21/88 . Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 11: 00 a.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Minor. PROTEST HEARING - UNDERGROUND UTILITY DISTRICT NO. 10 - SECCOMBE LAKE - FIFTH STREET TO SIXTH STREET AND SIERRA WAY TO BELLE STREET - CONFIRMATION OF ASSESSMENTS This is the time and place set for a hearing to con- sider protests relative to Underground Utility District No. 10, located between Fifth Street and Sixth Street and Sierra Way to Belle Street, including Seccombe Lake. (14) . In a memorandum dated February 16, 1988, Roger Hard- grave, Director of Public Works/City Engineer, explained provisions of the Public Utilities Commission regarding undergrounding Southern California Edison utilities, and City of San Bernardino Resolution 83-362 which established Underground Utilities District No. 10. He stated that notice of this hearing was given in writing to the prop- erty owners of all parcels to be assessed pursuant to Resolution 83-362. Mayor Wilcox opened the hearing. No protests have been received. RES. 88-83 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE ASSESSMENT ROLL FOR UNDERGROUND UTILITY DISTRICT NO. 10 GENERALLY LOCATED BETWEEN FIFTH STREET AND SIXTH STREET AND SIERRA WAY AND BELLE STREET. (14) City Clerk Clark read the title of the resolution. . Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that the hearing on the proposed assessments for conversion of electrical services within the Seccombe Lake Underground Utility District No. 10, as set forth in the Engineer's 10 3/21/88 . Report dated February 10, 1988, be closed; that further reading of the resolution be waived and said resolution be adopted. Resolution No. 88-83 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Minor. PROTEST HEARING - UNDERGROUND UTILITY DISTRICT NO. 13 - DOWNTOWN, FROM THIRD STREET TO FIFTH STREET AND 1-215 TO WATERMAN AVENUE This is the time and place set for a public hearing to consider protests relative to Underground Utility Dis- trict No. 13 located between Third Street and Fifth Street, and 1-215 Freeway to Waterman Avenue. (15) . In a memorandum dated February 19, 1988, Roger Hard- grave, Director of Public Works/City Engineer, explained Public Utilities Commission provisions relating to South- ern California Edison's undergrounding of their facili- ties. He also referred to City of San Bernardino Resolu- tion No. 84-503 which established Underground Utility District No. 13. Mr. Hardgrave stated that notice was given in writing to the property owners of all parcels as to the time and place of this hearing. Mayor wilcox opened the hearing. A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE ASSESSMENT ROLL FOR A POR- TION OF UNDERGROUND UTILITY DISTRICT NO. 13 GENERALLY LOCATED BETWEEN THIRD STREET AND FIFTH STREET AND BETWEEN WATERMAN AVENUE AND INTERSTATE 215. (15) City Clerk Clark stated that no written protests have been received. Two oral protests have been received. . Chris Saldecke, co-owner of the building at 355 N. Sierra Way, APN 136-181-29, explained that, after notifi- cation of the requirement of the undergrounding of utili- ties on his property, he had delayed starting the project pending further information from the Engineering Depart- ment. The City's contractor then began cutting the con- crete on his property and Mr. Saldecke requested that he leave until he had proper insurance coverage. Mr. Saldecke then completed the work himself, but was charged the amount for the City, plus the cost he incurred to complete the concrete cutting. 11 3/21/88 . Peggy Marinello, granddaughter of Louise Bailey, owner of property at 143 E. 5th Street, APN 135 132 02, stated that Mrs. Bailey has been at that address for 75 years, is 81 years old, on a fixed income and cannot af- ford the assessment cost of $1,433.73. She requested financial assistance for her grandmother. Ken Henderson, Director, Community Development De- partment, answered questions, stating there was a loan grant program using CDBG funds, which he felt could be used to help Mrs. Bailey. If she met the qualifications, he suggested a grant could be given that would not require repayment. He recommended that he meet with Mrs. Bailey and Ms. Marinello in his office and discuss the problem. He will report back to the Council this afternoon whether or not Mrs. Bailey qualified for assistance. City Attorney Penman stated that the lien process could be used as an alternate method to assist Mrs. Bailey, by putting a lien on the property for the costs of the assessment, which would be taken care of at any time the property would change hands. . Mr. Penman stated there were some districts that do not allow exemptions from City costs even though the prop- erty owner did the work. His office is researching the issue to see if it applies to this district. Mr. Penman explained that, regarding Mr. Saldecke's protest, there is a dispute of fact, in that the City contends that it did the work, and Mr. Saldecke claims he did the work. Mr. Penman recommended that the hearing be continued to get information as to who actually did the work. Roger Hardgrave, Director of Public Works/City Engi- neer, stated that actually both the City and Mr. Saldecke did the work. The City started it and Mr. Saldecke fin- ished it. The City's bill is for $725.00. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that there be a report this afternoon on the status of Mrs. Bailey, and that the hearing be continued to Monday, April 4, 1988, at 10:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernadino, California, to fur- ther consider the protest filed by Chris Saldecke, 355 North Sierra Way. (See page 27) . PROTEST HEARING - STREET VACATION - PORTION OF BELLEVIEW STREET, WEST OF MT. VERNON AVENUE This is the time and place set for a public hearing to consider protests regarding the proposed vacation of a 12 3/21/88 . portion of Belleview Street, west of Mt. Vernon Avenue. (16) In a memorandum dated February 24, 1988, Roger Hard- grave, Director of Public Works/City Engineer, stated that a request had been received from 75% of the adjoining property owners to vacate a portion of Belleview Street, west of Mt. Vernon. It was the opinion of the department that there is no further necessity for that portion of Belleview Street either for present or prospective street purposes. Mayor Wilcox opened the hearing. City Clerk Clark stated no protests had been received. . RES. 88-84 - A RESOLUTION OF THE CITY OF SAN BERNARDINO VACATING A PORTION OF BELLE- VIEW STREET WEST OF MT. VERNON AVENUE IN THE CITY OF SAN BERNARDINO AND RESERVING AN EASEMENT FOR PUBLIC UTILITIES AND SANITARY SEWER AND APPURTENANT FACILITIES; ALSO RESERVING AN EASEMENT FOR EGRESS AND IN- GRESS FOR CERTAIN LOTS NORTH OF AND SOUTH OF THE AREA TO BE VACATED. (16) City Clerk Clark read the title of the resolution. Council Member Flores made a motion, seconded by Council Member Reilly 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 a portion of Belle- view Street, west of Mt. Vernon Avenue is no longer neces- sary for street purposes, be adopted; that further reading of the resolution be waived and said resolution be adopted. Resolution No. 88-84 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Minor. 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. . 13 3/21/88 . THE SUNWEST PROJECT - UDAG WITHDRAWAL In a memorandum dated March 14, 1988, Glenda Saul, Executive Director, Redevelopment Agency, explained that the Sunwest Project could not go forward as originally anticipated due to the inability to amend the building heights requirements within the Southeast Industrial Park Project Area from three stories to five stories. (R-7) Glenda Saul, Executive Director, Redevelopment Agency, explained the problems which caused the with- drawal of the UDAG for the Sunwest Project. She stated it is their intention to place this UDAG back on the agenda as soon as the problems are resolved. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the Mayor send a letter to the Department of Housing and Urban Development requesting withdrawal of the Sunwest Develop- ment UDAG Application. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council Meeting. . RECESS MEETING - CLOSED SESSION At 11:24 a.m., Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the Regular Meeting of the Mayor and Common Council recess to a Closed Session pursuant to Government Code Section 54956.8, to discuss with its negotiator the pur- chase, sale, exchange or lease of real property and to give instructions to its negotiator concerning the price and terms for said transaction. The property which the negotiations concern is generally located on West Highland Avenue at its intersection with Western Avenue. (R-10) CLOSED SESSION At 11:24 a.m., the Closed Session was called to order by Chairman Wilcox in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller; Absent: Council Member Minor; City Clerk Clark, City Administrator Schweitzer. . Also present: Sr. Assistant City Attorney Barlow; City Treasurer Graves; Glenda Saul, Executive Director, Redevelopment Agency; John Hoeger, Development Division Manager, Redevelopment Agency; Attorney Bill Simon. 14 3/21/88 . COUNCIL MEMBER POPE-LUDLAM EXCUSED At 11:58 a.m., Council Member Pope-Ludlam left the Closed Session. ATTORNEY BILL SIMON EXCUSED At 12:01 p.m., Attorney Bill Simon left the Closed Session. CITY TREASURER GRAVES EXCUSED At 12:02 p.m., City Treasurer Graves left the Closed Session. ADJOURN CLOSED SESSION At 12:12 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 30G North "0" Street, San Bernardino, California. RECONVENE MEETING At 12: 12 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. . ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Council Members Minor, Pope-Ludlam. RECESS MEETING - WORKSHOP ON CAPITAL IMPROVEMENT PROGRAM At 12:13 p.m., Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that the Regular Meeting of the Mayor and Common Council recess to the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California, to discuss the Capital Improvement Program. CAPITAL IMPROVEMENT PROGRAM - LUNCHEON WORKSHOP At 12:40 p.m., the workshop on the Capital Improve- ment Program was called to order by Mayor wilcox in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "0" Street, San Bernardino, California. (34) . 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, Miller; Deputy City Attorney Wilson, Deputy City Clerk Reese, City Admin- istrator Schweitzer. Absent: Council Members Minor, Pope-Ludlam. 15 3/21/88 . Roger Hardgrave, Director of Public Works/City Engi- neer, presented the proposed Capital Improvement Program for the budget years of 1987-88 to 1991-92, and distri- buted a printed copy of the program to the Mayor and Com- mon Council. The Capital Improvement Program was developed to enable the coordinated and systematic programming of needed public improvements, to be formulated on a realis- tic basis and within the financial capabilities of the City. In the final analysis, the continuing operational costs must be weighed against the public benefit to be received and the operational savings from the replacement of substandard facilities (such as water and sewer mains). In summary, the Capital Improvement Program is de- signed to provide a centralized and comprehensive mechan- ism for: Forecasting and defining capital needs; Assigning priorities among capital projects; . Budgeting projects in accordance with their priorities and developing a projected revenue program for financing improvements; Scheduling the various projects on a fixed-time basis and providing for appropriate planning implementation; Coordinating the activities of the various depart- ments in meeting project schedules; Monitoring and evaluating the progress of capital projects; Informing the general public and private developers of projected capital improvements. The total proposed expend i tures figure was $77,258,085, which included the categories of General Buildings; Streets & Street Lighting; Sewers; Storm Drains; Traffic Controls; Park & Recreation; and Recrea- tional Field Lighting. Mr. Hardgrave went through the brochure explaining the various projects, the costs and proposed financing for each. . The Mayor and Council discussed various projects and expressed particular concern regarding the re-signing and 16 3/21/88 . striping of the five-level parking structure, which was listed as a proposed project at a cost of $60,000. Mr. Hardgrave answered questions, stating that it is proposed that the ceilings be painted white to increase the light and provide a safer atmosphere for citizens using the parking structure, which would include the use by the customers of the new downtown hotel. It was pointed out that the basement of the five- level parking structure also has security problems, even though it is primarily a parking location for City employees. Glenda Saul, Executive Director of the Redevelopment Agency, stated that problems with security in the parking structure sometimes cause problems in furthering develop- ment in the downtown area. The Mayor and Council also discussed whether or not the majority of improvements are being installed in the downtown area, rather than being distributed equally throughout the entire City. . COUNCIL MEMBER ESTRADA EXCUSED At 1:26 p.m., Council Member Estrada left the work- shop. Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carr ied, that dis- cussion regarding the Capital Improvement Program be continued to Monday, April 4, 1988, in the Council Cham- bers of City Hall, 300 North "0" Street, San Bernardino, California. ADJOURN WORKSHOP At 1:42 p.m., the workshop was adjourned. RECONVENE MEETING At 2:12 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the fallowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Minor. . 17 3/21/88 . GENERAL PLAN CITIZEN ADVISORY COMMITTEE - REQUEST FOR ADDITIONAL TIME TO REVIEW LAND ALTERNATIVES In a memorandum dated March 17, 1988, Ann Siracusa, Planning Director, presented a request from the General Plan Citizen Advisory Committee for additional time to review the alternatives and formulate a recommendation concerning land use alternatives. The present schedule lists March 17, 1988, as the date by which the Citizen Advisory Committee (CAC) is to make its recommendation to the Planning Commission. (S-4) Attached to the memorandum was a Schedule of Meetings for the CAC, the Planning Commission and the Mayor and Common Council, as planned through May 4, 1988. This would give the CAC three extra meeting dates to reach a recommendation on March 28, 1988. John Traver, Chairman of the CAC, stated the Commit- tee is not ready to present their recommendation at this time. The Committee will meet the evening of March 21, 1988, from 6:1313 p.m., to 113:1313 p.m., to draw up a land use map. He stated they would start with the easier por- tions of the City which require very little change and then work up to the more difficult sections. . City Attorney Penman explained that by June 113, 1989, it is required that a General Plan be in place. What is being worked on now is a temporary plan and will have to be changed, so he recommended that this process be done as quickly as possible to allow adequate time to prepare the final plan. Planning Director Siracusa explained that the revised schedule does not change the dates that the Council has already set. It does compress the Planning Commission into four meetings in two weeks, which may present a prob- lem, and some changes may have to be made. Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that the General Plan Citizen Advisory Committee's request for additional time to review the land use alternatives be approved, subject to "Exhibit B" which was presented to the Council. . FISCALINI FIELD - REPORT FROM J. J. VAN HOUTEN & ASSOCIATES, INC. RELATIVE TO NOISE LEVELS In a memorandum dated February 26,1988, Annie Ramos, Director, Parks, Recreation & Community Services, gave the background on the need for a report regarding the noise emanating from Fiscalini Field and the "Spirit" baseball games. The preliminary report required by the 18 3/21/88 . agreement with noise consultant J. J. Van Houten & Assoc., Inc., has been reviewed and the final report is now ready to be received by the Mayor and Common Council. (38) John J. Van Houten, a registered professional engi- neer, with an office in Anaheim, stated he had done exten- sive measurements of the noise levels during several Spirit ball games and during periods when games were not being played. The findings were clear that the Spirit promotion music, amplified announcements and crowd reac- tion when measured at the nearest community locations did not exceed recognized standards. However, the findings did acknowledge noise which would clearly be identified as an annoyance, such as a loud party at the next door neighbor's back yard four or five times a week. This becomes an incompatible situation. Mr. Van Houten suggested three possible solutions, all being somewhat difficult: 1. Relocate ball park; . 2. Enclose the entire park; 3. Put a canopy over the spectator's area, to buffer the amplified music and announcements. Mr. Van Houten answered questions. Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, to accept the report entitled "Noise Assessment Study of 'Spirit' Baseball Games", submitted by J. J. Van Houten and Asso- ciates, Inc. READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the title of all the resolu- tions on the Regular Agenda and the Supplemental Agenda. Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that fur- ther reading of all the resolutions on the Regular Agenda and the Supplemental Agenda be waived. . RES. 88-85 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CROSS-ASSIGNMENT OF PARKING AGREEMENT BE- TWEEN LESSEES, LEVIN AND RAYNES AND YOHKO KOBAYASHI-ARNETT. (17) 19 3/21/88 . Council Member Maudsley made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 88-85 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: None. .l\bsent: Council Member Minor. RES. 88-86 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A POLICY FOR THE ASSIGNMENT AND TAKE-HOME USE OF CITY-OWNED VEHICLES. (18) Council Member Maudsley made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 88-86 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Minor. . RES. 88 - 8 7 - RESOLUT ION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF COLTON TO PRO- VIDE $2ll,0IHJ.00 FOR CONSTRUCTION OF A STORM DRAIN ON MILL STREET BETWEEN MICHIGAN STREET AND THE LYTLE CREEK CHANNEL. (19 ) Council Member Maudsley made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 88-87 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Minor. RES. 88-88 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO MAKE APPLICATION FOR AND ACCEPT A GRANT FROM "ACTION" IN THE AMOUNT OF $175,600 FOR THE SENIOR COMPANION PRO- GRAM FOR THE PERIOD JULY 1, 1988, THROUGH JUNE 30, 1989. (20) Council Member Maudsley made a motion, seconded by Council Member Flores, that said resolution be adopted. . Resolution No. 88-88 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Minor. 20 3/21/88 . RES. 88-89 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE PREFERRED PROVIDER AGREE- MENT WITH THE INLAND MEDICAL PROVIDERS FOR HEALTH CARE SERVICES TO ACTIVE AND RETIRED CITY EMPLOYEES. (21) Council Member Maudsley made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 88-89 was adopted by the fOllowing vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Minor. RES. 88-90 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH STEINMANN, GRAYSON, SMYLIE, INC. RELATING TO PROVIDING PROFESSIONAL FACILITY PLANNING SERVICES IN CONNECTION WITH PREPARATION OF A SPACE AND SITE STUDY FOR A NEW POLICE STATION. (23) Council Member Flores made a motion, seconded by Council Member Maudsley, that said resolution be adopted. . Resolution No. 88-90 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Minor. RES. 88-91 - A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF THAT CERTAIN EAST/- WEST ALLEY SOUTH OF 10TH STREET AND EAST OF "H" STREET. (24) Council Member Flores made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 88-91 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Minor. . RES. 88-92 - A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF THAT CERTAIN NORTH/- SOUTH ALLEY LOCATED WEST OF MT. VERNON AVENUE, BETWEEN 16TH STREET AND EVANS STREET AND RESERVING PUBLIC UTILITY EASE- MENTS THEREON. (25) 21 3/21/88 . Council Member Flores made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 88-92 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Minor. ALLEY VACATION - PORTION OF ALLEY EAST OF "I" STREET, SOUTH OF JEFFERSON STREET Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the City Clerk and the Director of Public Works be authorized to proceed with the vacation of a portion of that certain alley located east of "I" Street, south of Jefferson Street. (26) RES. 88-93 - A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF THE ALLEY EAST OF "I" STREET, SOUTH OF JEFFER- SON STREET AND RESERVING AN EASEMENT FOR PUBLIC UTILITY EASEMENTS AND AN EASEMENT FOR SANITARY SEWER AND APPURTENANT FACILI- TIES THEREON. (26) . Council Member Flores made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 88-93 was adopted by the fOllowing vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Minor. RES. 88-94 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 2482 ENTITLED IN PART "A RESOLUTION. . DESIG- NATING CERTAIN STREET INTERSECTIONS WHERE A STOP IS REQUIRED. ."; AND AUTHORIZING THE INSTALLATION OF A 4-WAY STOP AT SIXTH STREET AND ITS INTERSECTION WITH DEL ROSA DRIVE. (27) Council Member Maudsley made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 88-94 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Minor. . 22 3/21/88 l_ . RES. 88-95 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CHANGING THE NAME OF "F" STREET, SOUTH OF KENDALL DRIVE, TO SHANDIN HILLS CIRCLE, WITH AN EFFECTIVE DATE OF APRIL 1, 1988. (28) Council Member Maudsley made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 88-95 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Minor. RES. 88-96 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 2482 ENTITLED IN PART, "A RESOLUTION. . DES- IGNATING CERTAIN STREET INTERSECTIONS WHERE A STOP IS REQUIRED. . ."; AND AUTHORIZING THE INSTALLATION OF A STOP SIGN ON UNIVER- S ITY PARKWAY AT ITS INTERSECTION WITH NORTH PARK BOULEVARD. (29) . Council Member Maudsley made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 88-96 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Minor. RES. 88-97 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO C & D MANU- FACTURING COMPANY FOR THE FURNISHING AND DELIVERY OF 20 CUBIC YARD ROLL-OFF UNITS TO BE UTILIZED BY THE PUBLIC SERVICE/REFUSE DEPARTMENT IN ACCORDANCE WITH BID SPECIFI- CATION F-88-09. (31) Council Member Maudsley made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 88-97 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Minor. RES. 88-98 - RESOLUTION OF THE CI'rY OF SAN BERNARDINO AUTHORIZING TO PURCHASE UP TO FIFTEEN POLICE PATROL VEHICLES. (30) . 23 3/21/88 . Police Chief Burnett explained that the Police De- partment had to purchase 15 new vehicles to replace exist- ing patrol vehicles. The low bid was given for the Dodge Diplomat, but the Police Department prefers the Ford Crown Victoria. The difference in price for the 15 vehicles is $29,758. Chief Burnett explained that the preference for the Ford is because it is a superior vehicle in both construc- tion and safety features, especially in the front end performance. He stated that over the life of the ve- hicles, maintenance costs would be less, it would be in service longer, and the trade-in value would be greater. Lt. Tom Maier, Police Department, stated he had been to the trials of these vehicles at the Los Angeles Sheriff Department's Emergency Vehicle Course and observed the superior performance of the Ford Crown Victoria. He also confirmed that maintenance costs would be less for the Ford and there would be less "down time". . Chief Burnett also explained that the Ford has a larger interior, which provides greater comfort for the officers, and would also provide space for mobile digital terminals. The addition of these would prevent scanning and save dispatcher time. City Administrator Schweitzer answered questions, stating that there are 15 police vehicles being stored at the City yards waiting to be put into service, and stated this is done on an "as needed" basis. He also stated that toe tires are not damaged during the storage period. Chief Burnett explained that police vehicles are only produced at the factories once a year, and it is necessary to make a decision at this time in order to get the City's order in before the deadline. The new vehicles would be delivered in July or August, and held at the City Yards until needed to replace older models. Council Member Maudsley made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 88-98 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Minor. . 24 3/21/88 . RES. 88-99 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE PREFERRED PROVIDER AGREE- MENT WITH SAINT BERNARDINE HOSPITAL FOR MEDICAL AND HOSPITAL CARE BENEFITS FOR ACTIVE AND RETIRED CITY EMPLOYEES. (22) Roger DeFratis, Assistant Director of Personnel, answered questions, and explained the advantages of en- dorsing a preferred provider, as the City would have to pay administrative costs if this were not done. He also stated that John Hancock Insurance Company had checked on the finances and ratings of all the hospitals in the area and St. Bernardine was the only one with which they wanted to deal. Mr. DeFratis explained that the City receives a discount from St. Bernardine Hospital if the City recom- mends it. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. Mr. DeFratis answered questions, stating that the City is self-insured and John Hancock merely administers the claims and provides re-insurance. . Council Member Reilly made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 88-99 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: None. Absent: Council Mem- bers Estrada, Minor. ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING ZONING DESIGNATION C-M, COMMER- CIAL MANUFACTURING DISTRICT, FOR CERTAIN DESCRIBED PROPERTY (PREZONE 86-11, BOUNDED ON THE EAST BY TIPPECANOE AVENUE, ON THE SOUTH BY THE 1-10 FREEWAY, ON THE WEST BY ORCHARD DRIVE AND ON THE NORTH BY THE EXISTING CITY LIMIT BOUNDARY), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (Continued from July 6, 1987). (First reading) (32) Mayor wilcox stated that because of conditions of the moratorium, this project cannot go forward at this time. The Planning Department will monitor it until the proper time to present it again. . Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that said ordinance be tabled. 25 3/21/88 . COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meet- ing and took her place at the Council Table. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.72 OF THE SAN BERNARDINO MUNICIPAL CODE, REGULATING SMOKING IN PUB- LIC PLACES AND PLACES OF EMPLOYMENT. (First) (33) City Clerk Clark read the title of the ordinance. Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that further reading of said ordinance be waived. The Mayor and Council discussed the provisions in the proposed ordinance, particularly those contained in Sec- tion 8.72.030 C. which pertains to City Hall, and specify that smoking is prohibited in all areas of City Hall. It was pointed out that those who wished to smoke would either go outside to smoke, thus littering the area with butts and ashes, or would smoke illegally in rest rooms or other locations. . City Attorney Penman answered questions and made suggestions as to how the ordinance could be amended to allow smoking in certain areas in City Hall Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that said ordinance be referred to the Legislative Review Committee for refinement. (See vote, page 26) Mayor Wilcox stated that a public hearing had been held and it had been agreed to bring Ordinance No. 1 back for adoption, as there had been sufficient discussion regarding the ordinance. She felt that action should be taken today to put the ordinance into effect. The Council discussed the ordinance further and the difficulties of enforcement in City Hall where certain other fire safety regulations are not being enforced. City Attorney Penman answered questions regarding smoking regulations in nonprofit entities such as the Boys' Club, where separate areas for smoking can be estab- Ii shed. . The motion to refer the ordinance to the Legislative Review Committee failed by the following vote: Ayes: Council Members Estrada, Pope-Ludlam, Miller. Noes: Council Members Reilly, Flores, Maudsley. Absent: Council Member Minor. 26 3/21/88 . City Attorney Penman answered questions regarding amending the ordinance by interdelineation to provide certain areas in City Hall in which smoking would be allowed. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that said ordinance be brought back to the meeting of the Mayor and Common Council on April 4, 1988, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, Cali- fornia, with changes made by the City Attorney. PROTEST HEARING - UNDERGROUND UTILITY DISTRICT NO. 13 - DOWNTOWN, FROM THIRD STREET TO FIFTH STREET AND 1-215 TO WATERMAN AVENUE - CONFIRMA- TION OF ASSESSMENTS - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for a hearing to consider protests regarding Underground Utility Dis- trict No. 13 located in the downtown area, from Third Street to Fifth Street and 1-215 Freeway to Waterman Ave- nue, and to confirm assessments. (See page 11) (15) . Earlier in the meeting Ken Henderson, Director of Community Development Department, agreed to meet with Mrs. Louise Bailey and her granddaughter, Peggy Marinello, to determine whether or not Mrs. Bailey would be eligible for assistance in paying her assessment on her property lo- cated at 143 E. Fifth Street. Mr. Henderson reported that Mrs. Bailey was eligible for assistance, and that the necessary documents to pay the $1,433 assessment would be executed on March 28, 1988. City Attorney Penman requested that the protest by Mr. Saldecke be continued to the meeting of April 4, 1988. City Clerk Clark raised the question of whether or not all protests should be in writing, and suggested that in the futurethe protest hearing be kept separate from the adoption of the resolution. City Attorney Penman agreed to research the question. Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the hearing be continued to Monday, April 4, 1988, at 10:00 a.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California, to further consider the protest filed by Chris Saldecke, 355 North Sierra Way. . 27 3/21/88 - . WAYS AND MEANS COMMITTEE MEETING REPORT - MARCH 14, 1988 - COUNCIL MEMBER ESTRADA Council Member Estrada, Chairwoman of the Ways and Means Committee, presented the report of the meeting of the Ways and Means Committee held on March 14, 1988. The following items were discussed: (36) 1. Capital Improvement Plan - General Obligation Bonds - Item continued. Discus- sion on the Capital Improvement Plan pre- sented by Mr. Hardgrave took place. Some Committee concerns addressed were: a) "Now" dollars versus project dollars b) True City indebtedness (legal and budgeted c) Criticality of projects d) Prioritization of projects e) Funding identification (FAU, CDBG, general, bonds) f) Central City Mall Agreement (Skylights) . . The RDA Director addressed RDA's input to the CIP. Jim Robbins advised that this year's budget will identify annual debt on an item by item basis. A general discus- sion was held regarding General Obligation Bonds and the relationship of projects that are on the CIP. Mr. Henderson announced the state bond issue of 5.3 billion with approximately one billion going into trans- portation. He recommended a letter go to state representatives from our public of- ficials. Councilwoman Estrada will send a letter to Senator Ayala requesting informa- tion regarding the formula to be used in distribution of these funds so we can see what portion will be sent to San Bernar- dino. 2. RFP For Animal Control Facility Opera- tion - There being no RFP's submitted, the Committee tabled this item. . 3. City Owned Leased Property~~ort - Preliminary Status Report - Item continued. Several discrepancies were found in the Leased Property Report. The Commi ttee requested that a complete and correct re- port be brought back to the next Ways & Means Committee meeting. 28 3/21/88 . 3A. Amendment to A~eement with the Home ~!_~eigh~~~ly_~ervl~~_~~~il~~~ease of Classrooms for Day Care Center Use - An accurateassessment oCt:h--e-property in question is necessary. Mr. Henderson from Community Development will provide appraisal. 3B. Resolution Authorizing the Execution of a Lease with Junior All American Foot- ball, Mesa Chapter, Relating to 1244 West Nint~street~~he-Committee recommended approval-oi-resolution. Staff will provide answer on the si ze of the property and building and who owns it. 4. Public Utilities Baseline Rates - Dis- cussion - Item continued. The Committee wished--to further review the bill and what impact it will have on the citizens of San Bernardino. . 5. Alternatives to Proposed Traffic Sys- tems - The Committee agreed with staff's recommendation. The Traffic System Fee will amount to $120 per single family resi- dence. Commercial and industrial develop- ments would pay the $12 trip generation fee or the cost of street improvements which- ever was highest. The letter of alterna- tives presented by staff are attached. Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions, stating that the alternatives were as follows: 1. Reduce the fee for commercial and industrial developments from $12.00 to $6.00; 2. Eliminate the fee for commercial and indus- trial developments; 3. Apply the systems fee as a credit against the cost of any required traffic improvements to mitigate identified environmental concerns. Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the minutes of the Ways and Means Committee meeting held March 14, 1988, be received and filed. . 29 3/21/88 . PARCEL MAP 7140 - PORTIONS OF PARCELS NO 1 & 8 - WEST OF WATERMAN AVENUE, BETWEEN THIRD AND FOURTH STREETS - NORSA, INC. - REQUEST TO QUITCLAIM - REDEVELOPMENT AGENCY - ARMY AND NAVY RESERVES - CONTINUED FROM MARCH 7, 1988 This is the time and place continued to for consider- ation of a request from Norsa, Inc., that portions of Parcel Nos. 1 and 8 of Parcel Map No. 7140 be quitclaimed to the Redevelopment Agency, so that they can be covered by a disposition agreement relating to the development of a mini storage facility. These parcels are leased by the Army and Navy Reserves, but quitclaiming these requested portions will not adversely affect the lessee's use of these properties. (35) Planning Director Siracusa explained that these two parcels are zoned "0" Open Space and would have to be changed to either M-l or C-M zone for a mini storage and implemented by Conditional Use Permit only. . Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the request from Norsa, Inc., for the City to quitclaim a portion of Parcels No. 1 & 8 of Parcel Map No. 7140 to the Redevelopment Agency, be denied. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. TRANSPORTATION COMMITTEE REPORT - MARCH 14, 1988 COUNCIL MEMBER POPE-LUDLAM Council Member Pope-Ludlam, Chairwoman of the Trans- portation Committee, presented the report of the Transpor- tation Committee meeting held on March 14, 1988. The following item was discussed: (37) . 1. Transit Terminal/Parking Facility Feas- ibill!~~tu~y - After considerable discus- sion pro and con and a determination that a public hearing would be required, the Com- mittee requested a continuation of the meeting to March 28, 1988. In the interim, Glenda Saul from RDA and Wes McDaniel from SANBAG will define specific issues and questions regarding security, location, funding, whether both a terminal and park- ing structure are to be considered, main- tenance and operation of a facility. Chair- woman Pope-Ludlam requested a trip be ar- ranged so she can visit the Santa Ana and 30 3/21/88 . Long Beach facilities. She also emphasized the moving of this total issue within six months. The Mayor and Council discussed the proposed transit terminal and the use of the $2,000,000 seed money. It was pointed out that the transit terminal should be located in a central location for transfer to other points. It was also stated that Omnitrans transports more passengers to the Central City Mall than any other destination. Mayor wilcox stated that it was her understanding that the monies don't have to go for a transit terminal, but that they can be used for other transit need, such as bus stops in the downtown area. Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that the minutes of the Council Transportation Committee meeting held March 14, 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. . AUTHORIZE DEVELOPMENT OF APPLICATION FOR CITY'S FY 1988 EMERGENCY SHELTER GRANT PROGRAM ALLOCATION In a memorandum dated March 15, 1988, Ken Henderson, Director, Community Development Department, stated that the City had received a notice from the U.S. Department of Housing and Urban Development (HUD) which indicated that the City had been allocated $5,000 for FY 1988 to provide certain types of assistance to the homeless. The City is required to match the funds. Prior to receiving the funds, the City must submit an application to HUD with various documents, including certification of consistency with the City's approved Comprehensive Homeless Plan (CHAP). (S-l) Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, to auth- orize and direct the Mayor and staff to develop and submit to the U. S. Department of Housing and Urban Development an application for the City's FY 1988 Emergency Shelter Grant Program allocation in the amount of $5,000.00. . 31 3/21/88 . REQUEST TO DISCUSS LEGAL OPINION TO COUNCIL MEMBER POPE-LUDLAM - LEGAL FEES - BLACK HISTORY PARADE INCIDENT - ROLE OF COUNCIL MEMBER In a memorandum dated March 16, 1988, Council Member Estrada requested a discussion on the opinion rendered on March 15, 1988, to Councilwoman Pope-Ludlam from City At- torney Penman regarding legal fees representation and the Black History Parade incident. (S-2) City Attorney Penman answered questions and explained the role of elected public officials, as set forth in opinions dated March 15, 1988, March 18, 1988, and an opinion dated June 2,1972, by former City Attorney Prince. He stated that from the time a Council Member is sworn in until he/she leaves office, that person is a Council Member. However, there is a distinction of being a Council Member and acting in the official capacity of a Council Member. A Council Member could be invited to a public function because of his/her role as Council Member, but that does not give the authority to act in an official capacity as a Council Member at that function. . Mr. Penman explained that the Charter and state law give authority to the Mayor and Common Council as an en- tity, not to individual Council Members. Mr. Penman stated that Council Members have the same authority as ordinary citizens when not acting in the official capacity as a part of the Common Council. He agreed that the general population perceives elected of- ficials as having more power and influence than is actu- ally the case. No official action was taken. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. SAN BERNARDINO COUNTY'S HAZARDOUS WASTE MANAGEMENT PLAN In a memorandum dated March 18, 1988, the Legislative Review Committee presented a comprehensive report on the Hazardous Waste Management Plan as prepared by Ann Sira- cusa, Director of Planning, and Tricia D. Thrasher, Plan- ner I. (S-7) . The report outlined the State law requirement for a Hazardous Waste Management Plan, and stated that the pub- lic comment and review period for the draft ends March 31, 1988. The final version of the Hazardous Waste Management Plan will come before the Mayor and Council for approval between July 1, and September 30, 1988. 32 3/21/88 . Ann Siracusa, Planning Director, answered questions, explaining that a Mayor and Common Council workshop had been conducted regarding the proposed Hazardous Waste Management Plan, with a member of San Bernardino County staff presenting the plan. Since that time, staff members from the Fire Department, Public Services and Planning met with the Legislative Review Committee and set forth com- ments to be included in the plan. Ms. Siracusa pointed out that the City's approval of the plan would depend on the inclusion of the City's comments. Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that the recommendation for a Hazardous Waste Management Plan co- ordinated and reviewed by City staff and the Legislative Review Committee, be approved and forwarded to San Bernar- dino County with the understanding that the recommenda- tions are to be included in the County Plan, then returned to the City for review and approval; and that the City of San Bernardino establish and adopt, as soon as possible, through the Legislative Review process, a hazardous waste management plan for implementation by City departments. . COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council Meeting. RES. 88-11313 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO AMENDING RESOLUTION 87-285 TO PROVIDE A PROCEDURE FOR APPEAL OF DECISIONS BY THE DISABILITY AND REHABILITATION COMMISSION TO AN ADMINISTRATIVE LAW JUDGE AND PRESCRIBING PROCEDURES FOR SUCH APPEAL. (S-3) Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 88-11313 was vote: Ayes: Council Members Maudsley, Pope-Ludlam. Noes: Members Minor, Miller. adopted by the following Estrada, Reilly, Flores, None. Absent: Council COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council Meeting and took her place at the Council Table. . 33 3/21/88 . CITY ATTORNEY STATEMENT - CLOSED SESSION POLICY City Attorney Penman answered questions, stating that there is no requirement that a Council Member state why he/she did not go into a particular closed session. Mr. Penman stated for the record that a closed ses- sion was held earlier in the meeting and that two Council Members were not present in that session. One was Council Member Minor, who is in Israel, and the other was Council Member Pope-Ludlam. No vote was taken in that session. At one point Mrs. Pope-Ludlam entered the room for less than 30 seconds. All discussion ceased immedi- ately as she came in. She asked an unrelated question, which was answered and she left. She was not part of that discussion. (See page 9) RECESS MEETING - CLOSED SESSION At 4:25 p.m., Council Member Estrada made a motion, seconded by Council Member Flores, that the Regular Meet- ing of the Mayor and Common Council recess to a Closed Session to consider personnel matters pursuant to Govern- ment Code Section 54957. (S-6) . The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Pope-Ludlam, Miller. Noes: Council Member Maudsley. Absent: Council Member Minor. City Attorney Penman answered questions, stating it was not necessary to announce the subject to be discussed in a closed session relative to personnel matters. CLOSED SESSION At 4:25 p.m., the Closed Session was called to order by Mayor wilcox in the Conference Room of the Council Chambers of City Hall, 300 North "0" Street, San Bernar- dino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Miller; City Attorney Penman. Absent: Council Members Minor, Pope-Ludlam; City Clerk Clark, City Admin- istrator Schweitzer. POLICE CHIEF BURNETT ARRIVED At 4:35 p.m., Police Chief Burnett Closed Session. arrived at the . COUNCIL MEMBER POPE-LUDLAM ARRIVED At 4:35 p.m., Council Member Pope-Ludlam arrived at the Closed Session. 34 3/21/88 . MARGARET SCROGGIN, OPERATIONS SUPERVISOR, CITY ATTORNEY'S OFFICE, ARRIVED At 4:35 p.m., Margaret Scroggin, Operations Super- visor, City Attorney's Office, arrived at the Closed Session. ~DJOURN CLOSED SESSION At 5:40 p.m., the Closed Session was adjourned to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECONVENE MEETING At 5:40 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Reilly, Flores, Maudsley, Miller; Sr. Assistant City Attorney Barlow, City Clerk Clark, City Administrator Schweitzer. Absent: Council Members Estrada, Minor, Pope-Ludlam. . JOINT PUBLIC HEARING - MAYOR AND COMMON COUNCIL - COMMUNITY DEVELOPMENT COMMISSION - CITIZEN ADVISORY/PROJECT AREA COMMITTEES This is the time and place set for a joint public hearing with the Mayor and Common Council and the Commun- ity Development Commission for the purpose of discussing the role of the Citizens Advisory Committee/Project Area Committee and their relationship with the Redevelopment Agency of the City of San Bernardino. (R-8) Mayor wilcox opened the hearing. COUNCIL MEMBERS ESTRADA, POPE-LUDLAM ARRIVED At 5:43 p.m., Council Members Estrada, Pope-Ludlam arrived at the Council Meeting. Oavid Lechuga, Chairman of the Northwest Project Area PAC presented the following request: . "The Agency and Planning Department shall cause a member of its staff to be present at each Advisory Commit- tee meeting of which the Agency and the Planning Depart- ment is given adequate notice and a request for such pres- ence by advisory committees so that information regarding new proposals and ongoing projects (including information in the hands of staff regarding: eminent domain proceed- 35 3/21/88 ,-------- . ings, development agreements, tax increments, tax assess- ments, proposed zoning changes, variances, building per- mits, grants, employment opportunities, notices of prepar- ation or emergency impact reports and negative declara- tions, plans for residential facilities, plans for re- placement housing, and all other policy matters affecting the residents, businesses, and community based organiza- tions) . The above information will be provided to the Advis- ory Committee, but not more than once per month, unless agreed to by the Director of the Agency and/or Planning Department. All Advisory Committee recommendations can be made to the Agency, Redevelopment Committee, Agency Board of Directors, Planning Commission and/or City Council. All recommendations by the Advisory Committees shall be made prior to a decision made by the above decision- making bodies." . Harry Jacks, a member of the Northwest Project Proj- ect Area PAC, requested that the PAC be provided with legal representation and that there be more communication between the Redevelopment Agency and the PAC. His request for legal representation centers around an issue concern- ing the Northwest Project Area PAC elections and added that the Alexander Haagen project was negotiated without Northwest Project Area input. Pamela Gordon, member of the Northwest Project Area PAC, presented concerns regarding the election of officers for the PAC and conflicts between the Police Department and the Council Member from the Sixth Ward. She also requested that planners attend all PAC meetings. Carl Clemons stated he was concerned as to whom the PAC was responsible. The PAC has a budget, but no one oversees the operations of the PAC. He stated they have been in existence for three years and have produced nothing. Mr. Clemons stated that he was involved in the selec- tion of Alexander Haagen development of the new shopping center, but stated that somehow down the line the PAC had lost contact with the City and the Redevelopment Agency and would like to reestablish it. Gary Kirkwood spoke in opposition to a planned three story senior citizen center in the Sixth Ward. . Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that the 36 3/21/88 . hearing be closed and that the attorney, along with Plan- ning and the Redevelopment Agency, be directed to review recommendations made and the concerns presented at the hearing, and come back through the Redevelopment Committee to the full Community Development Commission with a recom- mendation. Special emphasis is to be given to the estab- lishment of better communications between the Northwest PAC and the Redevelopment Agency. RECESS MEETING - CLOSED SESSION At 6:30 p.m., Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the Regular Meeting of the Mayor and Common Council recess to a Closed Session pursuant to the following: Government Code Section 54956.9(b) (1), to confer with its attorney regarding pending litigation as there is significant exposure to litigation. (39) Government Code Section 59456.9(c) to confer with its attorney regarding pending litigation, so that the Council may decide whether to initiate litigation. (40) . Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the City is a party as follows: (41) Highland Bernardino 2IT464 ;---- Hills Homeowners Association vs. City of San San Bernardino Superior Court Case No. Sal~ec~~L et al vs~~it~ San Bernardino, et al - San Bernardino Superior Court Case No. 236836; City of San Bernardino vs. California Construction ~~~~~~~!L Inc., et al - San Bernardino Superior Court Case No. 238755; Cabl~~ake~~~ociate~2~~~iJ:~ San Bernardino - Superior Court Case No. 238714 and Case No. 239649; City-of San Bernardino vs. San Bernardino Baseball Club, Inc. San Bernardino Superior Court Case No. 239T9":3";- Barron and Alcarez vs. City of San Bernardino - San Bernardino Superior Court Case No. 241692; . Sch~~del~~~it~f San Bernardino, et al - San Bernardino Superior Court Case No. 222856; 37 3/21/88 . Schneider vs. City of San Bernardino - San Bernar- dino Superior Court Case No. 220616. Government Code Section 54957, to consider personnel matters. (S-6) CLOSED SESSION At 6:30 p.m., the Closed Session was called to order by Mayor wilcox in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Miller; City Attorney Penman, City Administrator Schweitzer. Absent: Council Members Minor, Pope-Ludlam; City Clerk Clark. Also present: Deputy City Attorney Risk Management. Sr. Assistant City Attorney Barlow; Von Kaesborg; John Kirwan, Director, . COUNCIL MEMBER POPE-LUDLAM ARRIVED At 6:35 p.m., Council Member Pope-Ludlam arrived at the Closed Session. CITY CLERK CLARK ARRIVED At 6:35 p.m., City Clerk Clark arrived at the Closed Session. CITY CLERK CLARK EXCUSED At 6:40 p.m., City Clerk Clark left the Closed Ses- sion. DEPUTY CITY ATTORNEY VON KAESBORG AND RISK MANAGEMENT DIRECTOR KIRWAN EXCUSED At 6:40 p.m., Deputy City Attorney Von Kaesborg and Risk Management Director Kirwan left the Closed Session. CITY CLERK CLARK RETURNED At 7:30 p.m., City Clerk Clark returned to the Closed Session. CITY CLERK CLARK EXCUSED AT 8:00 p.m., City Clerk Clark left the Closed Ses- sion. . CITY ADMINISTRATOR SCHWEITZER EXCUSED City Administrator Schweitzer left the Closed Ses- sion. 38 3/21/88 . CITY ADMINISTRATOR SCHWEITZER RETURNED City Administrator Schweitzer returned to the Closed Session. CITY ADMINISTRATOR SCHWEITZER EXCUSED City Administrator Schweitzer left the Closed Ses- sion. ADJOURN CLOSED SESSION At 8:35 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 8: 35 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Minor. . DISCUSSION OF TEMPORARY ORGANIZATIONAL CHANGES Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the request for discussion of temporary organizational changes be tabled. (S-5) CLOSED SESSION - PERSONNEL MATTERS - PENDING LITIGATION WHICH HAS BEEN INITIATED FORMALLY AND TO WHICH THE CITY IS A PARTY Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, to continue the following Closed Sessions to 5:30 p.m., Monday, March 28, 1988, at Sturges Auditorium, 780 North "E" Street, San Bernardino, California: Pursuant to Government Code Section 54957, sider personnel matters; to con- (S-6 ) Pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the City is a party, as follows: (41) . Saldecke, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 236836; 39 3/21/88 . Ci~y-of San Bernardino vs. California Construction Management, Inc., et al - San Bernardino Superior Court Case No~238755~-------- ADJOURN MEETING At 8:40 p.m., Council Member Flores made a motion, seconded by Council Reilly and unanimously carried, that the Regular Meeting of the Mayor and Common Council be adjourned to 5:30 p.m., Monday, March 28, 1988, at Sturges Auditorium, 780 North "E" Street, San Bernardino, Cali- fornia. (42) ~N7/l/~N/ /' City Clerk . No. of Items: 58 No. of Hours: llJ, . 40 3/21/88