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HomeMy WebLinkAbout04-18-1988 Minutes . City of San Bernardino, California April 18, 1988 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Wilcox at 9:06 a.m., Monday, April 18, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Mrs. Pauline Harbaugh, First Church of Christ Scientist. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Sam Lama of the City's Conservation Crew. 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, Deputy City Administrator Robbins. Absent: 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 Michael Blechinger Kenneth Brander Mark Emoto Ernest Lemons Michael Ruiz Marjorie Deleva* Police Department Police Department Police Department Police Department Police Department Parks, Recreation & Community Services Ten Years \~illiam Clay Phyllis Weed Police Department Police Department Fifteen Years Edward Burdick, Jr.* Carl Overcast* Joseph Whittle* Fire Department Fire Department Public Buildings Twenty Years Annie Ramos* Parks, Recreation & Community Services . * Indicates recipients were present. 1 4/18/88 . PROCLAMATION - NATIONAL YWCA WEEK - APRIL 24 - 30, 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 April 24 - 30, 1988, as National YWCA week, and saluting the YWCA of the USA vol- unteers and the entire volunteer corps. (AI Linda Savage, President of the Board of Directors of the YWCA, was present to receive the proclamation. PROCLAMATION - YOU'VE GOT THE POWER - REGISTER AND VOTE - SCHOOL PROGRAM - APRIL 18 - 22, 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 April 18 - 22, 1988, as "You've Got the Power - Register and Vote - School Pro- gram" Week. (AI Joann Tortarolo, Director of Secondary Instruction, San Bernardino Unified School District, was present to accept the proclamation. . PROCLAMATION - FAIR HOUSING 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 "Fair Housing Month". (AI Mary Irving accepted the proclamation on behalf of the Community Housing Resource Board in celebration of the 20th anniversary of the passage of the Federal Fair Hous- ing Law. She distributed erasers with the phrase "Help erase housing discrimination" and balloons with the phrase "Support Fair Housing" to the Mayor and Council. PROCLAMATION - SUNSHINE SPECIAL/EXCHANGE CLUB OF SAN BERNARDINO - MAY 3, 1988 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Ber- nardino proclaiming Tuesday, May 3, 1988, as Sunshine Special/Exchange Club of San Bernardino Day in the City of San Bernardino, and to honor citizens with handicaps and seniors at a special day at the National Orange Show. (AI Dave Light, VIP, Invitations; Jim Cimino, president- Elect, Exchange Club, Chairman of the Event; and Ed Heil, Founder of Sunshine Special, were present to accept the proclamation. . CALIFORNIA CONSERVATION CORPS MEMBER OF THE MONTH - SAM LAMA Greg Garcia, Project Coordinator, Mayor's Office, explained the duties of the California Conservation Corps 2 4/18/88 . (CCC) , which include public works projects and beautifica- tion projects. He also stated that there will be a month- ly award to an outstanding member of the CCC. This month's award will be given to San Lama, who displayed excellent leadership qualities. (~) Mr. Garcia introduced Steve Kupsak, the City's Cali- fornia Conservation Corps Supervisor, who explained that the CCC had been working on renovating baseball diamonds at various City fields within the City. Mr. Kupsak also introduced members of the CCC, and gave their goals. The following CCC members were present: ~nthony Walker, Art Segovia, James Bell, Steve FUlberg, Leonard Jones, Ron Sanders, and Sam Lama. APPOINTMENT - ANIMAL ADVISORY COMMISSION - THERESA C. OVERCAST - SECOND WARD Pursuant to a memorandum dated April 5, 1988, from Mayor Wilcox, Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, to approve the appointment of Theresa C. Overcast, 1390 Crescent Ave., San Bernardino, CA 92405, to the Animal Advisory Commission as requested by Council Member Reilly, to represent the Second Ward. (B) . City Clerk Clark administered the oath of office to Ms. Overcast. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. APPOINTMENT - CIVIL SERVICE COMMISSION - MERLE F. FARREN - MAYOR'S APPOINTMENT Pursuant to an undated memorandum from Mayor Wilcox, Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, to approve the appointment of Merle F. Farren, 2305 Mesquite Drive, San Bernardino, CA 92404, to the Civil Service Board, to rep- resent the Mayor. (S-l) COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meet- ing and took her seat at the Council Table. APPOINTMENT - SENIOR AFFAIRS COMMISSION - WADE BYARS - MAYOR'S APPOINTMENT Pursuant to a memorandum dated April 14, 1988, from Mayor Wilcox, Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously car- ried, to approve the appointment of Wade Byars, 269 S. "K" Street, San Bernardino, CA 92410, to the Senior Affairs Commission, to represent the Mayor. (S-4) . 3 4/18/88 . City Clerk Clark administered the oath of office to Mr. Byars. PUBLIC COMMENTS - SUSAN HARTMANN Susan Hartmann, P. O. Box 6954, San Bernardino, CA 92412, spoke regarding children's problems with traffic lights, problems with helping the homeless, racial prob- lems in the City, and had questions regarding consent calendar items 1, 2, 5, 15, 16. (C) City Clerk Clark explained that minutes Council meetings are available in the City Clerk's on the second floor of City Hall. of the Office PUBLIC COMMENTS - THE SWORD - THE HOUSE OF YING A citizen, identifying himself as Abel, the Lamb, and also the Sword, Commander-in-Chief of the House of Ying during the Battle of Armageddon spoke regarding the battle between good and evil and the up-corning revolution. (C) . PUBLIC COMMENTS - TOM JONES - NEW NO-SMOKING ORDINANCE - PIPE SMOKING Tom Jones, owner of Poor Richard's Pipe and Tobacco Shop on Highland Avenue, San Bernardino, gave a brief history on pipe smoking and pointed out that there is a difference between pipe and cigarette smoking, stating that cigarette smoking has more contamination, due to the paper used in making them. He requested consideration for the 25% of the population who smoke, and suggested that the Engineering Department devise a system to exchange fresh air. (C) CITY ATTORNEY ARRIVED At 9:55 a.m., City Attorney Penman arrived at the Council Meeting. PUBLIC COMMENTS - KEN TAYLOR - MUSIC AT SPIRIT BAS EBALL GAMES Ken Taylor, representing the fans of the Spirit Base- ball Team, explained some of the changes made in the sound system at Fiscalini Field which would allow the playing of music during the ball games without bothering the neigh- bors of the ballfield. He stressed the importance of the music to the enjoyment of the fans and urged the Council to allow the playing the music for all games. Mr. Taylor stated he had a petition with 1150 signatures of fans wishing to have the music. . (C) Mayor Wilcox suggested this matter be referred to the City Attorney to see if an arrangement can be made which would be satisfactory to both Spirit fans and neighbors. . 4 4/18/88 . APPROVAL OF MINUTES - MARCH 28, 1988 Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 28th of March, 1988, as presented in typewritten form. (1) APPROVAL OF MINUTES - MARCH 29, 1988 Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 29th of March, 1988, as presented in typewritten form. (2) LOCAL AGENCY FORMATION COMMISSION - ENDORSEMENT OF COUNCIL MEMBER REILLY AS CANDIDATE FOR FULL VOTING MEMBER Pursuant to a memorandum dated April 11, 1988, from Mayor Wilcox, Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the candidacy of Council Member Jack Reilly for election to the Local Agency Formation Commission as a full voting member (1988-1992) be endorsed. (3) . SET PUBLIC HEARING - 10:00 A.M., MAY 2, 1988 - CONSIDER ANNUAL PAYBACK FOR PARKING DISTRICT SECONDARY ASSESSMENT ROLL In a memorandum dated April 7, 1988, E. George Web- ster, Chairman of the Central City Parking Place Commis- sion, explained that at the March 31, 1988, meeting of the Central City Parking Place Commission, the issue of the accelerated repayment schedule for the Parking District secondary assessment roll was discussed. He set forth the background and stated that the Commission requested that a public hearing be set to reconsider the issue. (4) Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that a public hearing be set for 10:00 a.m., on May 2, 1988, to consider the annual payback arrangement established for the parking district secondary assessment roll and that all affected property owners be notified of this hearing. . OUT-OF-STATE TRAVEL - DIRECTOR OF RISK MANAGEMENT - JOHN KIRWAN - ANNUAL PRIMA CONFERENCE - NEW ORLEANS, LOUISIANA - MAY 17 - 20, 1988 Pursuant to a memorandum dated March 28, 1988, from John C. Kirwan, Director, Risk Management, Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, to approve out of state travel and expenses for the Director of Risk Management to attend the Annual PRIMA Conference in New Orleans, Louisiana, May 17-20, 1988. (6) 5 4/18/88 . RENEWAL OF CITY'S REAL PROPERTY INSURANCE COVERAGE - RECEIVE AND FILE REPORT In a memorandum dated April 7, 1988, John C. Kirwan, Director, Risk Management, presented a comprehensive re- port regarding the renewal of the City's Real Property Insurance Coverage. Mr. Kirwan reported a premium figure of $252,507 for a savings from last year of $208,493, and set forth the following special notes: (7) 1. Last year's policy for $25,000,000 in property and $25,000,000 in earthquake was layered between ten companies. Thi s year's pol icy for $79,759,388 in property, $2,389,000 in fire equipment physical damage, $2,000,000 in auto physical damage (catastrophe), and $45,000,000 in earthquake and flood is written with five companies. 2. An attempt is being made damage coverage similar to that which fire equipment for approximately 100 at $75,000 or more each. to secure physical the City has on the City vehicles valued 3. Property values for the following seven struc- tures in the downtown area total $43,769,520: . Ci ty Hall Downtown Garage Sr. Citizens Building Central City Parking Convention Center Police Headquarters Central Library Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the report relative to the renewal of the City's real property insurance coverage prepared by John C. Kirwan, Director of Risk Management, be received and filed. PERRIS HILL PARK - SECOND WARD PARK EXTENSION FUNDS - RESURFACE AND STRIPE THREE TENNIS COURTS In a memorandum dated April 4, 1988, Annie Ramos, Director of Parks, Recreation & Community Services, ex- plained that four of the seven tennis courts at Perris Hill Park are being resurfaced through the 1987/88 budget appropriation and a donation of $2,960 from the San Ber- nardino Tennis Association. Resurfacing and striping all seven courts will make the courts safer and more attrac- tive. Preventive maintenance will also be standardized by doing all courts simultaneously. (8) . Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that $4,440 from Second Ward Park Extension Funds for the resurfacing 6 4/18/88 . and striping of three tennis courts at Perris Hill Park be approved. VACATION OF PORTIONS OF OHIO, OLIVE AND PINE AVENUES - NEGATIVE DECLARATION In a memorandum dated March 31, 1988, Roger Hard- grave, Director of Public Works/City Engineer, explained that the City's Environmental Review Committee recommended adoption of a Negative Declaration, based upon the Initial Study for Public Works Project No. 88-2, located on the south side of Ohio, between Walnut and pine Avenues, west side of pine Avenue, between Belmont and Rancho Muscupiabe line, east side of Olive, between Ohio Avenue and Rancho Muscupiabe line. (9) Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the Negative Declaration for vacation of portions of Ohio Avenue, Olive Avenue, and pine Avenue, in accordance with Plan No. 7376, be adopted. . CONSTRUCTION OF CULVERT ON 48TH STREET AT DEVIL'S CANYON DIVERSION CHANNEL - APPROVAL OF PLANS - AUTHORIZATION TO ADVERTISE FOR BIDS - APPROVAL OF NEGATIVE DECLARATION In a memorandum dated March 31, 1988, Roger Hard- grave, Director of Public Work/City Engineer, stated that plans for construction of a dip crossing on 48th street have been prepared and the project is ready to be adver- tised for bids. The total estimated project cost is $236,800. (11) Council Member Pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that the Negative Declaration for construction of a culvert on 48th Street, at Devil's Canyon Channel, be adopted. Council Member Pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that the plans for construction of a culvert on 48th street, at Devil's Canyon Division Channel, in accordance with Plan No. 7443, be approved; and the Director of Public Works/- City Engineer be authorized to advertise for bids. . INSTALLATION OF 66,000 POUND OMER 300 PLATFORM TRUCK AND EQUIPMENT LIFT FOR CENTRAL GARAGE - HAAKER EQUIPMENT CO. - APPROVAL In a memorandum dated April 7, 1988, Roger Hardgrave, Director of Public Works/City Engineer, explained that all work under the contract with Haaker Equipment Co. for the installation of a 66,000 pound Omer 300 platform truck and equipment lift for the Central Garage was satisfactorily completed as of March 5, 1988. (12) 7 4/18/88 . Council Member Pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that the work performed by the contractor for installing a 66,000 pound hydraulic lift in the Central Garage, per Plan No. 7371, be approved and accepted, and that final payment be authorized at the expiration of the lien period. EMPLOYEE RECOGNITION PROGRAM - $2,500 IN PERSONNEL DEPARTMENT 1988-89 BUDGET In a memorandum dated April 1, 1988, Gordon Johnson, Director of Personnel, stated that the Employee Recogni- tion Program was designed to promote productivity and morale in the City. The Personnel Department will admin- ister the program and budget for the $2,500 expense in their new budget. It was recommended that the program start on July 1, 1988. Attached to the memorandum was the Employee Recognition Program. (14) Council Member Pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that the Employee Recognition Program be adopted as submitted and become effective July 1, 1988, and that the Finance Direc- tor be directed to place the sum of $2,500 in the Person- nel Department's 1988-89 Budget. . DEMOLITION OF RESIDENTIAL STRUCTURE - 930 w. 2ND STREET - AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated April 5, 1988, Ken Henderson, Director of Community Development, explained the back- ground of the request to demolish a structure located at 930 W. 2nd Street due to fire damage. The owner of the property, Mr. Stanley Lang, has requested financial assis- tance for demolition of a vacant residential structure on said property. It was recommended that demolition assis- tance be given in the form of a grant. (5) Ken Henderson, Director of Community Development, answered questions. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the Mayor and Common Council authorize staff to advertise for bids for demolition of a residential structure located at 930 W. Second Street, San Bernardino, with the understand- ing that the demolition assistance be in the form of a grant. . 8 4/18/88 . FIRE STATION AT TRI-CITY COMPLEX - CHANGE ORDER NO. FOUR - CONTRACT WITH MARTIN JASKA, INC. - INSTALLATION OF ALUMINUM JAMBS ON ROLL-UP DOORS OF APPARATUS ROOM In a memorandum dated April 7, 1988, Roger Hardgrave, Director of Public Works/City Engineer, explained the need for Change Order No. Four to the contract with Martin Jaska, Inc., for construction of the Fire Station in Tri- City Corporate Complex. (10) Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions regarding the contingency fund for this project, stating there would be at least $35,000 left, as the project is almost completed. However, the Fire Department is considering using a portion of that amount to put in an underground fuel storage tank. Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that Change Order No. Four to the contract with Martin Jaska, Inc., for the construction of a fire station at Tri-City Com- plex, be approved; and authorizing the contractor to in- stall aluminum jambs on the roll-up doors of the apparatus room for an increase in the contract price of $1,859.00, from $786,831.00 to $788,690.00. . PARCEL MAP NO. 5481 - REQUEST FOR AMENDMENT TO CONDITIONS OF APPROVAL - NORTHWEST CORNER OF COOLEY AND TIPPECANOE AVENUE In a memorandum dated April 4, 1988, Roger Hardgrave, Director of Public Works/City Engineer, stated that a request was received from Mr. Don Kaplan that the condi- tions of approval for Parcel Map No. 5481 be amended to allow limited access on Tippecanoe Avenue. Mr. Hardgrave explained the background of Planning Commission action, and rec ommended tha t th is r eques t be refer r ed to the Planning Commission for proper review and recommendation. (13) Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that the request for amendment to Parcel Map No. 5481 be tabled. CLAIMS AND PAYROLL Council Member Minor made a motion, seconded by Council Member Flores 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: (15) . 9 4/18/88 . 1. Approve the register of demand dated: March 313, 1988 April 6, 1988 87/88 87/88 #36 #37 $1,518,159.41 5813,433.33 2. Approve the total gross payroll for the period March 14, 1988, through T1arch 27, 1988, in the amount of $1,419,394.18. Mayor wilcox answered questions of Susan Hartmann regarding the payments as listed in the memorandum from the Director of Finance, stating that this was formal approval of payroll already issued. COUNCIL MEMBER FLORES EXCUSED Council Member Flores left the Council Meeting. PERSONNEL ACTIONS Council Member Minor made a motion, seconded by Council Member Estrada 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. (16) APPOINTMENTS . Parks, Recreation & Community Services Randy Nolfo - Park Maintenance Worker I - Effective April 19, 1988 Public Works/Central Garage Douglas Schuessler - Equipment Mechanic II - Effective April 19, 1988 Police Department Brone M. Seenarine - Police Officer - Effective April 19, 1988 Emergency Services Richard McGreevy, Director of Emergency Services - Effective April 19, 1988 SBETA/Administration Peggy J. Raidy - Staff Analyst I (JTPA) - Effective April 19, 1988 TEMPORARY APPOINTMENTS Public Works/Public Buildings Joseph A. Mujica - Security Officer - Effective April 19, 1988 through October 18, 1988 . Hl 4/18/88 . Parks, Recreation & Community Services June N. Saterfield - Senior Services Aide - Effective April 19, 1988 through October 3, 1988 James Tripplett - Coach Operator - Effective April 19, 1988 through October 3, 1988 Recreation Aide - Effective April 19, 1988 through October 3, 1988 Alex King Michelle McDonnell Recreation Leader - Effective April 19, 1988 through October 3, 1988 Arthur Appel Rita Heard Marcus Portley Vela Brown Betty Hernandez Rosemarie Rowley PROMOTIONS Police Department David L. Anderson - Sergeant - From Detective to Sergeant - Effective April 19, 1988 . Michael Grzonka - Training Officer - From Police Officer to Training Officer - Effective April 21, 1988 Gerald Jones - Training Officer - From Police Officer to Training Officer - Effective April 19, 1988 Keith J. Prostler - Training Officer - From Police Officer to Training Officer - Effective April 20, 1938 Parks, Recreation & Community Services Emil Ikera - Park Maintenance Worker II - From Park Maintenance Worker I to Park Maintenance Worker II - Effective April 19, 1988 Steve Kupsak - Parks Project Coordinator - From Conservation Crew Supervisor to Parks Project Coordinator - Effective April 19, 1988 George Pallante - Landscape Inspector - From Park Maintenance Leadworker to Landscape Inspector - Effective April 19, 1988 . 11 4/18/88 . PROMOTION/TEMPORARY Parks, Recreation & Community Services Madeline Garcia - Coordinator of Volunteers - From Senior Services Aide to Coordinator of Volunteers - Effective April 19, 1988 through September 5, 1988 EXTENSION OF HIGHER ACTING CLASSIFICATION Planning Department Sandra K. Paulsen - Senior Planner - Effective February 17, 1988 - Extension February 17, 1988 through March 7, 1988 LEAVE OF ABSENCE WITHOUT PAY/MATERNITY City Clerk's Office Regina M. Clause - Typist Clerk II - Effective May 2, 1988 through July 22, 1988 LEAVE OF ABSENCE WITHOUT PAY Parks, Recreation & Community Services Donna Hopkins - Typist Clerk III - Effective April 18, 1988 through August 1, 1988 . MILITARY LEAVE Emergency Services/Communications Lawrence W. Gatlin - Electronics Technician - Effective April 29, 1988 through May 13, 1988 City Attorney Penman answered questions of Susan Hartmann, stating that the issue regarding the appointment of the Chief Examiner for Civil Service had been resolved. COUNCIL MEMBER FLORES RETURNED Council Member Flores returned to the Council Meeting and took his place at the Council Table. PUBLIC HEARING - ESTABLISHMENT OF TRAFFIC SYSTEMS FEE - $12 PER TRIP - NEW DEVELOPMENTS OR REDEVELOPMENT - CONTINUED FROM APRIL 4, 1988 This is the time and place continued to for a public hearing to consider the establishment of a traffic systems fee of $12 per trip generated by new development or rede- velopment. (17) . At the meeting of the Mayor and Common Council held on April 4, 1988, a memorandum dated February 15, 1988, from Roger Hardgrave, Director of Public Works/City Engi- 12 4/18/88 . neer was presented. He stated that the proposed fee is to be used to finance the cost of new traffic control devices throughout the City, and up to 50% of the fees may be used to cover costs incurred by the Traffic Engineering person- nel in reviewing plans, traffic studies and other activi- ties in connection with new development. Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the public hearing regarding the establishment of a Traffic Systems Fee of $12.00 per trip generated by new develop- ments or redevelopment be continued to May 2, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER OF ABATEMENT - 832 E. SAN JACINTO STREET - JAMES C. STUMP This is the time and place set to consider an appeal filed by James C. Stump on the Board of Building Commis- sioners' order of abatement on property located at 832 E. San Jacinto Street. (18) Mayor wilcox opened the hearing. . Mark Sutton, Director of Building & Safety, stated that the property located at 832 E. San Jacinto has been a problem since 1977. The property has been open and vacant for more than 180 days and has lost its right to a resi- dential designation. The property reverted to commercial zoning and under the Code, rehabilitation of a residential to commercial structure is not legal. Mr. Sutton recom- mended that the property be demolished and that all the costs be assessed against the property in the form of a lien. Mr. James C. Stump, owner of the property at 823 San Jacinto, was present and requested that the property not be demolished. He explained that there have been problems with the property regarding an agreement with the lien holder and that he had been ordered off the property by the Marshal's Office and had been unable to complete re- pairs. Permits he had to do the work have since expired. Mr. Stump stated that he hopes to rehabilitate the prop- erty and use it for an office for his business. Mark Sutton, Director of Building & Safety, stated that the permits were issued in 1981 and have expired. He explained that the property could not be rehabilitated unless it went through a variance process, because the designated use is no longer residential. . 13 4/18/88 . Mr. Sutton stated he was not aware of the Marshal's claim, but that the property is in foreclosure. City Attorney Penman answered questions regarding a lien on the property. He also stated that the question of rehabilitation seems to be moot, as the zoning does not permit the rehabilitation of the property. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the public hearing regarding the demolition of property at 823 San Jacinto be continued to this afternoon, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (See page 40) PROTEST HEARING - VACATION OF THE NORTH/SOUTH ALLEY - BETWEEN 16TH STREET AND EVANS STREET, WEST OF MT. VERNON AVENUE This is the time and place set for a hearing to con- sider protests concerning the vacation of the north/south alley between 16th Street and Evans Street, west of Mt. Vernon Avenue. (19) . In a memorandum dated March 30, 1988, Roger Hard- grave, Director of Public Works/City Engineer, stated that the proposed vacation of the alley located between 16th Street and Evans Street, west of Mt. Vernon Avenue was initiated by the City. Findings of need for health and safety reasons were adopted and Plan No. 7335 was approved on November 17,1987. The Negative Declaration was adopted on February 1, 1988. Mayor wilcox opened the hearing. A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF THAT CERTAIN NORTH /SOUTH ALLEY LOCATED BETWEEN 16TH STREET AND EVANS STREET, WEST OF MT. VERNON AVENUE IN THE CITY OF SAN BERNADINO AND RESERVING AN EASEMENT FOR PUBLIC UTILITIES THEREIN. Manuel Flores, 1338 W. Evans, spoke in favor of vaca- ting the alley, as there are presently many problems in- volving drug use, prostitution and running from police officers. Leona Satterfield, 1337 W. 16th Street, questioned whether the whole alley would be vacated or part of the alley, and who would be responsible for maintenance. . 14 4/18/88 . Roger Hardgrave, Director of Public Works/City Engi- neer, explained that the entire 20' alley would be vacat- ed, and the property would revert to the original property owners on the east of the alley. Mrs. Satterfield and other property owners to the west of the alley would receive none of the property. Mrs. Satterfield expressed concern regarding vehicu- lar accessibility to a house on the back of her property which can be reached only through the alley. Mr. Hardgrave suggested that an easement could be reserved which would provide access to her property. If this alternative is desired, he stated that the resolution would have to be reworked to provide the necessary lang- uage. Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that the protest hearing regarding the vacation of the alley be- tween 16th and Evans Street, west of Mt. Vernon be con- tinued to this afternoon, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (See page 40) . COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. PROTEST HEARING - VACATION OF A PORTION OF ALLEY EAST OF "I" STREET, SOUTH OF JEFFERSON STREET This is the time and place set to receive protests concerning the vacation of a portion of the alley east of "I" Street, south of Jefferson Street. (20) In a memorandum dated March 30, 1988, Roger Hard- grave, Director of Public Works/City Engineer, stated that the proposed vacation of the alley located east of "I" Street, south of Jefferson Street, was requested by the owner of property adjoining the alley relative to a devel- opment. On October 5, 1987, a finding of need for health and safety reasons was adopted, Plan No. 7252 was approved and the Negative Declaration was adopted. Mayor Wilcox opened the hearing. City Clerk Clark stated that no protests have been received. . Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions, stating that all property owners adjacent to the alley had been notified of the proposed vacation. All the lots except Lots 4 and 5 are owned by 15 4/18/88 . one owner and the remaining two are owned by the Edison Company. A public utility easement has been reserved RES. 88-110 - A RESOLUTION OF THE CITY OF SAN BERNARDINO VACATING A PORTION OF THAT CERTAIN NORTH/SOUTH ALLEY LOCATED EAST OF "I" STREET, SOUTH OF JEFFERSON STREET IN THE CITY OF SAN BERNARDINO AND RESERVING AN EASEMENT FOR SANITARY SEWER AND APPURTENANT FACILITIES, AND EASEMENT FOR PUBLIC UTILI- TIES THEREIN. (20) City Clerk Clark read the title of the resolution. Council Member Miller made a motion, seconded by Council Member Estrada 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 that certain north/- south alley located east of "I" street, south of Jefferson Street should be vacated, be adopted. Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of said resolution be waived, and that said resolution be adopted. . Resolution No. 88-110 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. PROTEST HEARING - VACATION OF EAST/WEST ALLEY SOUTH OF 10TH STREET AND EAST OF "H" STREET This is the time and place set for a hearing to re- ceive protests concerning the vacation of an east/west alley south of 10th Street and east of "H" Street. (21) . In a memorandum dated March 30, 1988, Roger Hard- grave, Director of Public Works/City Engineer, stated that the request for the proposed vacation of the alley located south of 10th Street, east of "H" Street, came from a property owner of land adjoining the alley to the south, and represents 33% of the property owners adjoining this alley. On September 22, 1987, a finding of need for health and safety reasons was adopted, the City Engineer and City Clerk were authorized to proceed, and Plan No. 7339 was approved. 16 4/18/88 . Mayor Wilcox opened the hearing. City Clerk stated that no protests had been received. A property owner of Lots 27 and 28 immediately south of the subject alley spoke in support of the vacation. RES. 88-111 - A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF THAT CERTAIN EAST WEST 4LLEY LOCATED SOUTH OF 10TH STREET, EAST OF "H" STREET IN THE CITY OF SAN BERNARDINO. (21) 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 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 that certain east /west alley located south of 10th Street, east of "H" street should be vacated, be adopted. . Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of the resolution be waived and that said resolution be adopted. Resolution No. 88-111 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 88-112 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JOHN B. LONERGAN RELATING TO THE LEASE OF PARKING SPACES IN DOWNTOWN PARKING DISTRICT LOT #3. (S-2) City Clerk Clark read the title of the resolution. City Attorney Penman answered questions, stating that this agreement is a five-year lease which can be extended for an additional five years. It also has a 30 day ter- mination clause without cause for either party. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolution be waived. . ML Lonergan answered questions, stating he was not presently leasing the parking spaces in question. 17 4/18/88 . Council Member Estrada made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 88-112 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. PUBLIC HEARING - SAAB VS. THE CITY OF SAN BERNARDINO, SUPERIOR CASE NO. 234561 - SCHOOL IMPACTION FEES - CONTINUED FROM APRIL 4, 1988 This is the time and place continued to for a public hearing to discuss the case of Saab vs. the City of San Bernardino, Superior Case No. 234561, regarding school impaction fees. This subject was previously referred to as Landtech, Inc. and Plaza Development, regarding an apartment development called Sunpointe Village. (22) Mayor wilcox opened the hearing and deferred to Deputy City Attorney Wilson to proceed with the hearing. . Mr. Frank Ayala, Administrator for the San Bernardino City Unified School District, stated that it was his understanding that charges had been levied against the District, stating that the District had collected money for profit for a complex that was basically a senior citi- zens complex where there were no children. He stated that there were several children living in that complex. He further stated that the complex is rentable to all young couples with children. He explained that Bradley Elementary School is the area and has two portable class- rooms to accommodate the growth. He stated that the District collected the money from that complex and used it in good faith to benefit the children in this School Dis- tr ict. Attorney Gary Smith, representing the company form- erly known as Landtech, now Saab, stated he had been corrected previously that there are two or three children living there, and apologized for the misunderstanding. Mr. Smith stated that the question before the Council is whether Saab (Landtech) had adequate notice in how to comply with the resolution. He referred to the Court's Statement of Decision, which after having reviewed all the documentation from 20 hours of meetings made it fairly clear. He stated that tapes were available. He referred to past correspondence from former City Attorney Prince in which there was no definition of the language - only an opinion as to what that language meant. . 18 4/18/88 . Mr. Smith referred to another case which was involved in requesting exemption from the school impaction fees. He stated that Mr. Barmakian, the applicant, had paid a fee, which was the only difference in the bank's commitment in an unsigned letter. Mr Smith stated that the bank always reserves the right to make changes at the last moment, and this does not mean that they are equivocating in their desire to make a loan. He stated that the sole issue before the Council is whether, at the time of their application, that the reso- lution was so clear that it was understood by all that had to make application pursuant to the provisions of the resolution or those who had to decide the application for exemption was appropriate. He stated he didn't think anyone can honestly say that anybody knew what was going on. . Mr. Smith stated that the resolution itself doesn't provide for the City Schools to have any input as far as making application. The language is very unclear. He stated they were told their letter was not sufficiently unequivocal, because the last sentence in the letter said the bank reserved the right to make changes, additions, deletions, or corrections. He stated that their letter was signed - Mr. Barmakian's was not. He repeated that the real question is: "Did we have notice as to what we were to do in order to apply?" He stated that it had taken the City two years to pass the resolution and to refine the language. City Attorney John Wilson stated that unless the Council had any further questions of the witness or other parties, that the hearing be closed and that the proposed Findings of Fact as presented by the City Attorney's Of- fice be adopted, in which the following conclusions were set forth: 1) There was proper notice to LANDTECH as to what the terms and conditions were to qualify it for exemption under Resolution 85-337, Subsection 9(J) at the time it made, or could have made, application for such exemption. 2) LANDTECH at all times had appropriate notice as to the meaning of the terms and conditions "verified", "firm commitment", "in place" and "recorded", and that such notice was at all times consistent with the use of such terms as set forth in Resolution No. 85-337. . 19 4/18/88 . 3) The letter from Nevada National Bank dated Sep- tember 13, 1985, did not constitute such verified, firm commitment for financing, in place as of September 18, 1985, as to support a grant of exemption under Subsection 9(J) of Resolution No. 85-337." Deputy City Attorney Wilson answered questions, stat- ing that the Council is being asked to adopt these find- ings and also to determine that the exemption is denied because the party would not qualify for the exemption. Deputy City Attorney Wilson answered questions, stat- ing that the Court had already made a determination as to the case regarding Mr. Barmakian and that the determina- tion in that case has nothing to do with this case. He stated that the decision to be made today is basically whether the application for exemption from the School Impaction Fee by Landtech was backed by a commitment sub- ject to review and approval by Lender's Sr. Loan Committee at Lender's sole discretion. It was determinated at that time and continues to be, that there was not such commit- ment to lend the money. . Gary Smith, representing Saab, stated that the real issue is whether everyone had the same notice, and knew how to make an application, and that the definition was clear regarding a verified firm commitment being in place and recorded as set forth in Resolution 87-134. This reso- lution was adopted by the Mayor and Common Council two years after Resolution 85-337 Deputy City Attorney Wilson stated that Landtech was given specific notice that the document did not qualify for the exemption because of the equivocating language. He stated they had spoken to their banker, and to their at- torney and banker at the same time and informed them a firmer commitment was needed. They refused. The ques- tion came down to did Landtech qualify for the exemption. He stated that it did not. The Mayor and Council discussed all the background of their previous action and the intent of the bank on the commitment to make the loan to Landtech. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the hearing be closed. Deputy City Attorney Wilson stated that adoption of Finding No. 3 in essence makes the determination that the exemption was denied. . 20 4/18/88 . City Attorney Penman stated that the Council could move to adopt the Findings of Fact regarding the exemption from School Impaction Fees that have been prepared by the City Attorney's Office. He stated that in adopting the Findings of Fact, the Council was not making the decision regarding denying the exemption, but making the decision of what the definition was basically, and looking at each of those facts. Deputy City Attorney ings were adopted, this Council again. wilson stated that if the Find- issue would not come to the Council Member Estrada made a motion, seconded by Council Member Flores, that the Findings of Fact regarding the exemption from school impaction fees prepared by the City Attorney's Office be adopted. The motion carried Council Members Estrada, Ludlam, Miller. Noes: None. by the following vote: Ayes: Flores, Maudsley, Minor, Pope- Council Member Reilly. Absent: . 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 "0" Street, San Bernardino, California. up'rOWN CITIZENS ADVISORY COMMIT'rEE (CAC) APPOINTMENT PROCEDURES In a memorandum dated April 11, 1988, Glenda Saul, Executive Director of the Redevelopment Agency, presented a staff report in which the Uptown CAC pointed out several inconsistencies between its bylaws and a document entitled "Election Procedures" which was adopted by the Mayor and Common Council on February 20, 1984, and actual practice. Solutions to inconsistencies were presented. (R-3) Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, to approve the "Appointment Procedures" dated April, 1988, and to rescind the "Election procedures" approved February 20, 1984. RECESS MEETING At 11:15 a.m., prior to the Closed Session, the Com- munity Development Commission/Redevelopment Agency reces- sed for five minutes. . 21 4/18/88 . RECESS MEETING - CLOSED SESSION At 11:22 a.m., Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that the Mayor and Common Council recess to a Closed Session pursuant to Government Code Section 54956.8 to meet with its negotiators to discuss the terms of disposi- tion of certain real property generally located at Base- line and Medical Center Drive. The party with whom the Agency's negotiator may negotiate is Haagen Development Corporation. (RS-2) CLOSED SESSION At 11:22 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 "0" Street, San Bernar- dino, California. (RS-2) 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. Absent: Deputy City Administrator Robbins; City Clerk Clark. . Also present: Sr. Assistant City Attorney Barlow; Glenda Saul, Executive Director of the Redevelopment Agen- cy; Tim Saba, Special Counsel and Charles Green; Jeff Kinsell, Miller & Schroeder. RECONVENE MEETING At 11: 45 a.m., the Regular Meeting of the Community Development/Redevelopment Agency was called to order in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, Deputy City Administrator Robbins. Absent: None. CLOSED SESSION CONTINUED - HAAGEN DEVELOPMENT Council Member Maudsley made a motion, seconded by Couincil Member Minor and unanimously carried, that the Closed Session pursuant to Government Code Section 54956.8 to discuss the terms of disposition of certain real prop- erty generally located at Baseline and Medical Center Drive be continued to later in the meeting. (See page 48 ) (RS-2 ) . 22 4/18/88 . COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 13187, LOCATED WESTERLY OF LITTLE MOUNTAIN DRIVE, APPROXIMATELY 800 FEET NORTH OF 48TH STREET, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION,WITH TIME FOR PERFORMANCE SPEC- IFIED. (Continued from April 4, 1988) (24) City Clerk Clark read the title of the resolution. Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of the resolution be waived. City Attorney Penman recommended that said resolution be discussed in Closed Session. He stated that the reso- lution relates to the case City of San Bernardino vs. California Constructi~n M~na~~~~!L-lnc.~~l - San Bernardino Superior Court Case No. 238755, which is on the listed in Item 52 of the Agenda. . RECESS MEETING - CLOSED SESSION Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that Cornmon Council recess to Closed Session pursuant to Government Code Section 54956.9 (a) to confer with its attorney re- garding pending litigation which has been initiated for- mally to which the City is a party as follows: (52) ~~of San Bernardino vs. California Construction ~an~em~ntL-Inc.~~~l - San Bernardino Superior Court Case No. 238755. CLOSED SESSION At 11:50 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 "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, Minor, Miller; City Attorney Penman. Absent: Council Member Pope-Ludlam; City Clerk Clark; Deputy City Administrator Robbins. . 23 4/18/88 . CITY ATTORNEY PENMAN EXCUSED City Attorney Penman left the Closed Session. ASSISTANT CITY ATTORNEY BRUE ARRIVED At 11:51 a.m., Assistant City Attorney Brue arrived at the Closed Session. ASSISTANT CITY ATTORNEY BRUE EXCUSED At 12:02 p.m., Assistant City Attorney Brue left the Closed Session. CITY ATTORNEY PENMAN, CITY CLERK CLARK, SR. ASSISTANT CITY ATTORNEY BARLOW ARRIVE At 12:05 p.m.. City Attorney Penman, City Clerk Clark, Sr. Assistant City Attorney Barlow arrived at the Closed Session. ADJOURN CLOSED SESSION At 12: 10 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 12:10 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, Deputy City Administrator Robbins. Absent: None. RES. 88-113 -RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 13187, LOCATED WEST- ERLY OF LITTLE MOUNTAIN DRIVE, APPROXI- MATELY 800 FEET NORTH OF 48TH STREET, AC- CEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (Continued from April 4, 1988) (24) City Attorney Penman read Government Code Section 66458 as follows: . 24 4/18/88 . "(a) The legislative body shall, at the meeting at which it receives the map or, at its next regular meeting after the meeting at which it receives the map, approve the map if it conforms to all the requirements of this chapter and any local subdivision ordinance applicable at the time of approv- al or conditional approval of the tentative map and any rulings made thereunder. If the map does not conform, the legislative body shall disapprove the map. (b) If the legislative body does not ap- prove or disapprove the map within the prescribed time, or any authorized exten- sion thereof, and the map conforms to all requirements and rulings, it shall be deemed approved, and the clerk of the leg- islative body shall certify ~~tat~ its approval thereon. (c) " . City Attorney Penman stated that, pursuant to this section, if the Council doesn't adopt the resolution, the City Clerk would have to state that it was approved. He recommended that, under the circumstances, that the reso- lution be approved. Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution 88-113 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: Council Member Minor. Ab- sent: None. RECESS MEETING - WORKSHOP IN MANAGEMENT INFORMATION CENTER - RELOCATION OF COUNTY HOSPITAL At 12:12 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 workshop and presentation by County rep- resentatives relative to the relocation of County Hos- pital. (43) The workshop convened at 12:30 p.m. . 25 4/18/88 . 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; Sr. Assistant City Attorney Barlow; City Clerk Clark; City Administrator Schweitzer. Absent: None. WORKSHOP - SAN BERNARDINO COUNTY MEDICAL CENTER - RELOCATION - FACILITIES MASTER PLAN - REQUEST TO USE PARK PROPERTY AT ARDEN AND PACIFIC This is the time and place heretofore set to hear a request from the County of San Bernardino for the use of City park land located at Arden and Pacific Streets. The San Bernardino County Medical Center is looking for a relocation site and their first choice is at Arden Avenue and Pacific Street. (43) Charles (Chuck) Jervis, Medical Center Director, presented a project costs summary for the Arden Avenue and Pacific Street site, along with an Executive Summary: Facility Program and Master Plan prepared by Stone, Mar- raccini and Patterson, Architects and Planners; and Coopers and Lybrand, Health Consultants. . The study, which began in May, 1986, is the result of recommendations made in 1978 by Booz-Allen-Hamilton, and substantiated in 1982 by Arthur Anderson and Company, that the Medical Center needed to be replaced. Increases in population, resultant increases in volumes of service, and a physical plant unable to economically and safely meet the demand due to fragmentation of facilities and serious seismic deficiencies prompted this recommendation. In the study, five sites were evaluated: The present site at Gilbert street; City-owned property located at the northeast corner of Arden and Pacific; the southwest cor- ner of Boulder and Base Line; property in the Tri-City area; and property at Ninth and Tippecanoe. From a marketing and civil engineering perspective, two sites were recommended to the Board: the present site and the City-owned site. Due to cost savings, the pre- ferred site was the land owned by the City. The County spent $250,000 in coring the site at Arden and Pacific and determined it to be seismically safe. Members of the Council expressed their surprise that they had not been approached by the County prior to this meeting to discuss their interest in the City site. . 26 4/18/88 . Rhoda Fox, Parks and Recreation Commissioner, sug- gested that the hospital representatives look at the park and ride lot located south of Highland Avenue, east of Victoria as a possible relocation site. Harry Mays, County Administrator, expressed his dis- satisfaction with that site and suggested a trade-off: the park and ride lot for a park and the park site for the hospital. Annie Ramos, Director of Parks, Recreation & Commun- ity Services, spoke regarding the conditions imposed by the State for park development of the Arden and Pacific site. Charles (Chuck) Jervis and Harry Mays stated that they had been in contact with state legislators concerning the Arden/Pacific site. Chuck Jervis answered questions regarding the pro- posed use of the present site on Gilbert if it were va- cated. He suggested a life-care facility and low cost housing units for existing facilities. He also stated that there would be no changes to the Juvenile Hall facil- ities in the area. . Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that a committee chaired by Council Member Miller and also com- posed of Council Members Maudsley and Reilly be formed for the purpose of meeting with County representatives con- cerning the request to relocate County Medical Center at Arden and Pacific Streets, and also, that the committee could select others, such as Parks and Recreation Commis- sioners to join in the meetings. RECESS TO REGULAR SESSION At 1:40 p.m., Council Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the workshop be recessed 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 2:06 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; City 27 4/18/88 . Attorney Penman, City Clerk Clark, Deputy City Adminis- trator Robbins. Absent: Council Member Pope-Ludlam. READING AND WAIVING OF RESOLUTIONS City Clerk read the titles of all the resolutions on the Council Agenda. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that fur- ther reading of all the resolutions on the Council Agenda be waived. RES. 88-114 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 79-425 ENTITLED IN PART, "RESOLUTION. . . ESTAB- LISHING A SCHEDULE OF FEES FOR STORM WATER DRAINAGE FACILITIES CONSTRUCTION. .", AND AMENDING THE DRAINAGE FEES FOR LAND SUBDIVISION AND DEVELOPMENT WITHIN THE CITY OF SAN BERNARDINO. (Continued from April 4, 1988) (23) Council Member Minor made a motion, seconded by Council Member Maudsley, that said resolution be adopted. . Resolution No. 88-114 was vote: Ayes: Council Members Maudsley, Minor, Miller. Noes: Member Pope-Ludlam. adopted by the fOllowing Estrada, Reilly, Flores, None. Absent: Council RES. 88-115 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING EXECU- TION AND DELIVERY OF A JOINT POWERS AGREE- MENT CREATING THE BIG INDEPENDENT CITIES EXCESS POOL JOINT POWERS AUTHORITY, AUTHOR- IZING THE EXECUTION AND DELIVERY OF A LIA- BILITY RISK COVERAGE AGREEMENT AND THE FILING OF A VALIDATION PROCEEDING AND CER- TAIN OTHER ACTIONS IN CONNECTION THEREWITH. (25 ) Council Member Minor made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 88-115 was vote: Ayes: Council Members Maudsley, Minor, Miller. Noes: Member Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, None. Absent: Council . 28 4/18/88 . RES. 88-116 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH JOHN R. TRAUTH FOR CONSULTING SERVICES (Housing) (26 ) Council Member Minor made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 88-116 was vote: Ayes: Council Members Maudsley, Minor, Miller. Noes: Member Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, None. Absent: Council COUNCIL MEMBER FLORES EXCUSED Council Member Flores left the Council Meeting. RES. 88-117 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND LIONS CLUB FOR THE PROMOTION OF ARTS AND CULTURE. (27) Council Member Reilly made a motion, seconded by Council Member Maudsley, that said resolution be adopted. . Resolution No. 88-117 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, t1iller. Noes: None. Absent: Council Members Flores, Pope-Ludlam. RES. 88-118 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JUNIOR UNIVERSITY FOR THE PROMOTION OF ARTS AND CULTURE. (28) Council Member Reilly made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 88-118 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Miller. Noes: None. Absent: Council Members Flores, Pope-Ludlam. COUNCIL MEMBER FLORES RETURNED Council Member Flores returned to the Council Meeting and took his place at the Council Table. . 29 4/18/88 . RESOLUTION OF THE CITY OF SAN BERNARDINO RENEWING THE COMMITMENT TO COMPLETE DEVEL- OPMENT OF THE PATTON PARK PROPERTY AND TO DESIGNATE THE PARK DEVELOPMENT FEE FUND, AND THE CITY'S ALLOCATIONS THROUGH STATE AND/OR FEDERAL PARK DEVELOPMENT FUNDS AS POTENTIAL SOURCES FOR FUNDING THE COMPLE- TION. (29 ) Mayor Wilcox announced that a Committee was formed at the noon workshop consisting of Council Members Reilly, Maudsley, and Miller, to work with some members of the Parks and Recreation Commission for the purpose of meeting with County representatives concerning the request to relocate the County Medical Center at Arden and Pacific Streets. Mayor wilcox also asked staff to check to see if the City could get an extension of time from the State regarding the commitment to complete development of the Patton Park Property. Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be continued to May 2, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. . RES. 88-119 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 6413 ENTITL- ED IN PART "A RESOLUTION. . ESTABLISHING A BASIC COMPENSATION PLAN. . .", BY ADDING THE POSITION OF CIVIL SERVICE BOARD CHIEF EXAMINER AT RANGE 4164 ($3846-4686/MO.) (30 ) Council Member Flores made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 88-119 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council RES. 88-120 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A THIRD AMENDMENT TO AGREEMENT WITH THE WYATT COMPANY, TO PROVIDE FOR A ONE YEAR EXTEN- SION OF THE TERM OF THE AGREEMENT AND TO INCREASE THE MAXIMUM COMPENSATION PAID TO CONSULTANT. (31) Council Member Flores made a motion, seconded by Council Member Maudsley, that said resolution be adopted. . 30 4/18/88 . Resolution 88-120 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. RES. 88-121 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH MARY E. LANIER EFFECTIVE MAY 1, 1988, TO EXTEND THE TERM OF THE AGREEMENT RELATING TO WORK PERFORMED FOR THE PLANNING DEPARTMENT. (32) Council Member Maudsley made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 88-121 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council . RES. 88-122 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED IN PART, "A RESOLUTION. . . PRO- HIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF, " TO ESTABLISH A NO PARKING ZONE ON COLLEGE AVENUE, BETWEEN UNIVERSITY PARKWAY AND CITADEL AVENUE. (34 ) Council Member Maudsley made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 88-122 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council RES. 88-123 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO B-1 EN- TERPRISE CORPORATION FOR INSTALLATION OF HANDICAPPED RAMPS AT VARIOUS LOCATIONS. (35) Council Member Maudsley made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 88-123 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council . 31 4/18/88 . RES. 88-124 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO OWL ROCK PRODUCTS FOR THE FURNISHING AND DELIVERY OF GENERAL AGGREGATE IN ACCORDANCE WITH SPEC- IFICATION F-89-02. (36 ) Council Member Maudsley made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 88-124 was vote: Ayes: Council Members Maudsley, Minor, Miller. Noes: Member Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, None. Absent: Council RES. 88-125 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO RANCHO READY MIX FOR THE FURNISHING AND DELIVERY OF MIXED IN TRANSIT CONCRETE IN ACCORDANCE WITH SPECIFICATION F-89-0l. (37) Council Member Maudsley made a motion, seconded by Council Member Flores, that said resolution be adopted. . Resolution No. 88-125 was adopted by the fallowing vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: Council Member Pope-Ludlam. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 88-63 AUTHORIZING AGREEMENTS BETWEEN THE POLICE DEPARTMENT OF THE CITY OF SAN BERNARDINO AND THE STATE OF CALIFORNIA, DEPARTMENT OF CALIFORNIA HIGH- WAY PATROL. (33) Deputy City Administrator Robbins answered questions regarding the type of training programs that were covered in the provisions of this resolution, stating that the provisions are the same that have been adopted in the past. City Attorney Penman explained that the amendment was being made because the California Highway Patrol was not satisfied with the wording of the last resolution. City Clerk Clark answered questions and explained what language is necessary to codify the resolution. . 32 4/18/88 . City Attorney Penman explained that reference to Resolution No. 88-63 is contained in the title of the resolution, but not in the body of the document. He stated that his office will work on the resolution and have a new version later in the afternoon. (See page 43 ) Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be continued to later in the afternoon. READING AND WAIVING OF ORDINANCES City Clerk Clark read the titles of all the ordi- nances on the Agenda. Council Member Council Member Miller ther reading of all waived. Flores made a motion, seconded by and unanimously carried, that fur- the ord inances on the Agenda be ORD. MC-623 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.72 OF THE SAN BERNARDINO MUNICIPAL CODE, REGULATING SMOK- ING IN PUBLIC PLACES AND PLACES OF EMPLOY- MENT. FINAL (38) . Council Member Miller made a motion, Council Member Pope-Ludlam, that said adopted. seconded by ordinance be Ordinance MC-623 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 2.70.060 TO THE SAN BERNAR- DINO MUNICIPAL CODE TO PROVIDE FOR THE SALE OF FORFEITED PROPERTY. FIRST (39 ) City Attorney Penman answered questions regarding language in the ordinance which provides that property seized by the Police Department may be sold by the Police Department to provide funds for use by the Department. He referred to Section 881 of Title 21 of the U. S. Code and California Health & Safety Code Section 11488. Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly and unanimously carried, that said ordinance be laid over for final passage. . COUNCIL COMMITTEE TO DEVELOP A COMMITTEE ROTATION PLAN - COMMITTEE APPOINTMENTS In a memorandum dated May 26, 1987, Council Members Estrada and Reilly made several recommendations regarding 33 4/18/88 . the assignment of Council Members to various Council Com- mittees, and requested that this item be heard at the second Council Meeting in April, 1988, with a report back to the Mayor and Common Council at the first meeting in June, 1988. (June 6, 1988) (40) Council Member Reilly made a motion, Council Member Minor and unanimously carried, Committee to Develop a Committee Rotation Council Members Estrada, Reilly and Flores as seconded by to approve a Plan, with members. INSTALLATION OF STORM DRAIN IN NORTH PARK BLVD. FROM MAYFIELD AVENUE TO ELECTRIC AVENUE - APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS - CONTINUED FROM APRIL 4, 1988 This is the time and place continued to for consider- ation of approval of plans and authorization to advertise for bids for the installation of a storm drain in North- park Boulevard from Mayfield Avenue to Electric Avenue. (42) . At the meeting of April 4, 1988, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for the installation of a master plan 36-inch storm drain in Northpark Boulevard between Mayfield and Electric Ave- nues, had been prepared and the project was ready to be advertised for bids. The estimated project cost is $103,500. Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the approval of plans and authorization to advertise for bids for the installation of a storm drain in Northpark Boule- vard be continued to May 2, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. RES. 88-126 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING CERTAIN FEES FOR RECLAIMING IMPOUNDED DOGS, ANIMAL ADOPTION SERVICES, ANIMAL PICK UP SERVICES, RESEARCH ANIMAL SALES AND ANIMAL VACCINATION SER- VICES. (44) City Clerk read the title of the resolution. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 6.24.140 OF THE SAN BER- NARDINO MUNICIPAL CODE RELATING TO FEES AND REPEALING SECTION 6.24.150 IN ITS ENTIRELY. FIRST (44 ) . City Clerk Clark read the title of the ordinance. 34 4/18/88 . Deputy City Administrator Robbins answered questions, stating that the resolution and ordinance are being en- acted to remove the fees from the Municipal Code and put them in resolution form, which is the appropriate docu- ment. There are no changes in the fee rates. The two documents will take effect simultaneously. The Mayor and Council discussed fees for selling dogs and puppies for research. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolution and ordinance be waived. Council Member Minor made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 88-126 was vote: Ayes: Council Members Pope-Ludlam. Noes: Council Absent: None. adopted by the following Estrada, Reilly, Maudsley, Members Flores, Miller. Council Member Minor made a motion, seconded by Council Member Reilly, that said ordinance be laid over for final passage. . The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Pope- Ludlam. Noes: Council Members Flores, Miller. Absent: None. LEGISLATIVE REVIEW COMMITTEE REPORT - APRIL 7, 1988 - COUNCIL MEMBER REILLY Council Member Reilly, Chairman of the Legislative Review Committee, gave the report of the meeting of the Legislative Review Committee held on April 7, 1988. The following items were discussed. (45) 1. Proposed School at Little League Drive /Belmont Street - Item continued. The School District will discuss fees with the Water Board and a follow-through meeting with Mr. Gene Klatt of Public Works before returning this item to the Committee. 2. Two-Year Dog Licenses - The Committee reviewed and recommended, in concept, the two-year dog license plan. The Committee recommended this item be set for Public Hearing on May 16, 1988. . 3. Hazardous Waste Management Plan - The Committee received a comprehensive report from Mr. Robbins giving the status of the 35 4/18/88 . City's program. The Committee recommended establishment of a comprehensive program to educate the public and city employees. A program that would inform the public on how to handle and dispose of hazardous and house-hold waste, where it can be taken, etc. staff will provide a report to the Committee on May 19th, 1988. 4. Ordinance Adding MC Chapter 2.80 to P rov ldeNot1"cetothe-MayorPrO-femporeOf the Absence of the Mayor; and 5. Ordinance Adding MC Chapter 2.90 to !:rovi9.~or~oti.ce-.!:.9.-.!:.b.~~or of the Absence of a Council Member. - The Commit- tee recommended both ordinances be subjects of discussion at the one-day Mayor-Council meeting. The City Attorney will prepare a Memorandum of Understanding. 6. !hreshol9.~or Discretionay Review- Planning Department - Item continued. The Committee requested Ms. Siracusa to re- review the Discretionary Review Process and consider: . a. Exemption of residential structures using a distance requirement b. Exemption of specific areas such as RDA c. Use of the C.U.P. guidelines. The intent was to not create a slowdown of commercial processing. Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the minutes of the Legislative Review Committee meeting held on April 7, 1988, be received and filed. COUNCIL PERSONNEL COMMITTEE REPORT - APRIL 7, 1988 - COUNCIL MEMBER REILLY Council Member Reilly, Chairman of the Council Per- sonnel Committee, gave the report of the Council Personnel Committee meeting held April 7, 1988. The following items were discussed: (46) . 1. Definition of Part-time/Tempor~ ~~l9.y~es~y Civil Service - The Committee asked the Director of Personnel to research 36 4/18/88 . the School District substitute teacher policy to see if such a policy is appro- priate in dealing with the issues of what constitutes a part-time and/or temporary employee as compared with the City's pro- posed Civil Service Rule (Rule 502) change. The Committee also approved the City Attorney's recommended legal clari- fication of Rule 501. This item will be brought back before the Committee on April 21, 1988. 2. !iou~-.!3.a te_.!nc!.ea~~~!.~ummer~outh Specialist position - SBETA - The Committee recommended approval and requested the Director of Personnel to prepare the appro- priate resolution for the Council Agenda of May 2, 1988. (Document was attached) 3. Hourly Rate Increase Head Start Posi- tions - The Committee recommended approval ana-requested the Director of Personnel to prepare the appropriate resolution for the Council Agenda of May 2, 1988. (Document was attached) . 4. ~~ of Civil Service/Personnel - The Committee requested the Personnel Director to prepare a resolution creating a Chief Examiner position at salary range 4164, for the Council Agenda of April 18, 1988. The Committee recommended acceptance of the Mayor's Second option: "The Personnel Department would provide needed clerical and support staff". Since Mr. DeFratis was recommended for the position by the Civil Service Commission, the Committee's consid- eration was to leave the Assistant Person- nel Director's position vacant for a period of time on an experimental basis to leave Mr. DeFratis an option should he elect not to be Chief Examiner. Staff, after pre- senting the Committee's options to the Commission for comparison, will report back to the next Personnel Committee meeting. (See Item 313, page 30 ) Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the minutes of the meeting of the Council Personnel Com- mittee held on April 7, 1988, be received and filed. . 37 4/18/88 . WAYS AND MEANS COMMITTEE - APRIL 11, 1988 - COUNCIL MEMBER ESTRADA Council Member Estrada, Chairman of the Means Committee, presented the minutes of the Means Committee meeting held on April 11, 1988. lowing items were discussed: Ways and Ways and The fol- (47) 1. City-Owner Leased Property Report -Item continued. The Committee requested an added category of square feet or acreage of City-owned land. (This was listed on some properties.) Additionally, staff was asked to list action to be taken regarding City parcels or buildings. The report is due back to the Committee on May 23, 1988. . 2. Public Utilities Rate Chan~ - The Committee recommended a letter of protest be sent to the Public Utilities Commission regarding rate level changes by Southern California Edison. Although the Southern California Edison representative was not in attendance, the Committee felt that as a matter of representation of their constit- uents they were obligated to file a protest with the Public Utilities Commission. The forecast of fuel and energy costs to SCE and the twelve month amortization of the Energy Cost Adjustment Clause (ECAC) Bal- ancing Account was included in the backup material Application 88-02-016 (at- tached). General Telephone Company of Cali- fornia case 82-10-08 was continued. Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, to direct the City Administrator to file a letter of protest with the Public Utilities Commission regarding Southern Cali- fornia Edison's rate change. 3. !raffic~~tems Fee ---112 Per Tip, Generated by New Development or Redevelop- ment - Item continued. The Committee asked that Mr. Clyde Sweet, Ludwig Engineering, be provided a copy of all the backup mater- ial available on this issue. He will have an opportunity to present his evaluation at the next Ways and Means Committee meeting. A letter sent by Mr. Sweet to the Mayor and Council dated March 25, 1980, will also be provided to staff for their review. The . 38 4/18/88 . Committee received information from Mr. Buswell, BIA, that his position was un- changed and his recommendation was still a $4 fee for commercial trip generation. Council Member Reilly made a motion, seconded by Council Member Frazier and unanimously carried, that the minutes of the Ways and Means Committee meeting held April 11, 1988, be received and filed. . AUTHORIZE AMENDMENT TO LOAN AGREEMENT - JULIA'S TORT ILLAS In a memorandum dated April 7, 1988, Ken Henderson, Director, Community Development, explained the request for an amendment to the loan agreement with Julia's Tortilla's (owner is Eddie Negrete, Sr.) from $30,000 to $33,500. Mr. Henderson stated that this business has been in operation for approximately 40 years and is attempting to re-orient its business activity from retail to wholesale. To do this, Julia's has solicited and received a proposal from TEMPCO Machine and Design, Inc., for the purpose of devel- oping an overall plan of action relating to the proposed expansion. Because of cash-flow problems associated with expanding businesses, Julia's is requesting additional assistance in the amount of $3,500 to finance the study as described in the TEMPCO proposal. (48) Ken answered stating paid. Henderson, Director, Communi ty Development, questions regarding payment of the existing loan, that payments for March and April have not been City Attorney Penman suggested the payments may be late because they are anticipating the new loan. Mr. Henderson explained that he and Council Member Estrada had met with members of the Negrete family to discuss the cash flow problems they are experiencing and ways to expand their business, which is now operating at near capacity. City Attorney Penman stated that if the new loan agreement was approved, it could be done subject to the requirement that all loan payments are current. Council Member Maudsley made a motion, seconded by Council Member Estrada, that the Director of Community Development and the City Attorney be directed to prepare the necessary amendment to the loan agreement with Julia's Tortillas to reflect an increase in the current loan agreement from $30,000 to $33,500 with the loan term, . 39 4/18/88 . conditions, interest rate and repayment provisions remain- ing unchanged, subject to their bringing their account up to date prior to receiving additional money. The motion Council Members Ludlam, Miller. None. carried by the following vote: Ayes: Estrada, Reilly, Flores, Maudsley, Pope- Noes: Council Member Minor. Absent: APPEAL HEARING - BOARD OF BUILDING COMMISSIONS' ORDER OF ABATEMENT - 832 E. SAN JACINTO STREET - JAMES C. STUMP - CONTINUED FROM EARLIER IN THE MEETING (See page 13) This is the time and place continued to for consider- ation of an appeal filed by James C. Stump on the Board of Building Commissioner's decision of abatement on property located at 832 E. San Jacinto Street. (18) . City Attorney Penman explained provisions of Revenue & Taxation Code Section 2192.1 regarding the priority of taxes. He stated that Sr. Assistant City Attorney Barlow had consulted with Mr. Norm Hanover, a bankruptcy attor- ney, and it was determined that a bankruptcy court would follow state law, and a lien for demolition would have priority over the mortgage or deeds of trust. He stated he had been informed that the property in question is in foreclosure, but didn't know the actual status. Mr. Pen- man stated the City would be right behind the IRS and the State Franchise Tax Board for payment of the lien. Mr. Penman stated that the difficulty with any re- habilitation of the property is that the zoning will not permit Mr. Stump to do what he wants to do without the granting of a variance. City Clerk suggested that a general lien be imposed which would apply to any property within the City owned by Mr. Stump, and would guarantee that the City receives its money. Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, to close the hearing, uphold the Board of Building Commissioner's decision for demolition, and that the City Attorney inves- tigate placement of a general lien on the properties. . PROTEST HEARING - VACATION OF ALLEY - BETWEEN 16TH STREET AND EVANS STREET - WEST OF MT. VERNON AVENUE - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for a protest 40 4/18/88 . hearing on the vacation of a north/south alley located between 16th Street and Evans Street, west of Mt. Vernon. (19 ) Earlier in the meeting the hearing was opened and it was determined that the proposed resolution should be amended to include an access easement to the alley for adjoining property owners. (See page 15) The amended resolution was distributed to the Mayor and Common Council. RES. 88-127 - A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF THAT CERTAIN NORTH SOUTH ALLEY LOCATED BETWEEN 16TH STREET AND EVANS STREET, WEST OF MT. VERNON AVENUE IN THE CITY OF SAN BERNARDINO AND RESERVING AN EASEMENT FOR PUBLIC UTILITIES THEREIN AND ALSO RESERVING AN EASEMENT FOR INGRESS AND EGRESS FOR LOT 38 OF TRACT NO. 2850 AND LOT 39 OF TRACT NO. 2891. (19) City Clerk Clark read the title of the resolution. . Council Member Pope-Ludlam made a motion, seconded by Council Member Minor and unanimously carried, that further reading of the resolution be waived. Council Member Minor made a motion, seconded by Council Member Maudsley 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 that certain north/- south alley located between 16th Street and Evans Street, west of Mt. Vernon Avenue should be vacated, be adopted. Council Member Minor made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 88-127 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RECESS MEETING - FIVE MINUTE BREAK At 3:05 p.m., the Regular Meeting of the Mayor and Common Council recessed for a five minute break. . 41 4/18/88 . RECONVENE MEETING At 3:23 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 Pro Tempore Reilly; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope- Ludlam, Miller; City Attorney Penman, City Clerk Clark, Deputy City Administrator Robbins. Absent: Mayor Wilcox. CAPITAL IMPROVEMENT PROGRAM - CONTINUED FROM APRIL 4, 1988 This is the time and place continued to for consider- ation of the Capital Improvement Program, as presented previously by the Director of Public Works/City Engineer. (41) It was suggested that consideration of project by project in the Capital Program would be very time-consum- ing, and that it would be more efficient to refer the matter to the Ways and Means Committee for consideration of the Program and then brought back to the Council for adoption. . Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions, stating there was no time-frame in which the Program had to be approved, and in fact, there was no legal requirement that it be adopted by Council. He stated that he hoped it would be adopted this year. He also stated that it on the Planning Commission Agenda for April 19, 1988. Deputy City Administrator Robbins stated that it is appropriate that the Capital Improvement Program go to Ways and Means for finishing touches and brought back to the Common Council for adoption. City Attorney Penman answered questions about setting priorities in the Capital Improvement Program, stating that some input should come from Council Members. Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions, stating that the priorities in the Program had come from Department Heads. . Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the Capital Improvement Program be referred to the Ways and Means Committee with the understanding that any Council Member can suggest priorities. 42 4/18/88 . COUNCIL MEMBER MINOR EXCUSED Council Member Minor left the Council Meeting. RES. 88-128 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 88-63 AUTHORIZING AGREEMENTS BETWEEN THE POLICE DEPARTMENT OF THE CITY OF SAN BERNARDINO AND THE STATE OF CALIFORNIA, DEPARTMENT OF CALIFORNIA HIGHWAY PATROL. (Continued from earlier in the meeting. See page 32) (33 ) City Clerk Clark read the title of the resolution. City Clerk Clark stated that the amendatory language had been placed in the new resolution to address the con- cerns that had been expressed earlier in the meeting. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolution be waived, and that said resolution be adopted. . Resolution No. 88-128 was adopted vote: Ayes: Council Members Estrada, Maudsley, Pope-Ludlam, Miller. Noes: Council Member Minor. by the following Reilly, Flores, None. Absent: COUNCIL MEMBER MINOR RETURNED Council Member Minor returned to the Council Meeting and took his place at the Council Table. RECESS MEETING - CLOSED SESSION At 3:35 p.m., Council Member Miller made a motion, seconded by Council Member Estrada and unanimously car- ried, that the Regular Meeting of the Mayor and Common Council recess to Closed Session to confer with its attor- ney regarding pending litigation pursuant to Government Code Section 54956.9 (b) (1), as there is significant ex- posure to litigation. (50) CLOSED SESSION At 3:35 p.m., the Closed Session was called to order by Mayor Pro Tempore Reilly in the Conference Room of the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. . ROLL CALL Roll Call was taken with the following being present: Mayor Pro Tempore Reilly; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attor- ney Penman. Absent: Mayor Wilcox; City Clerk Clerk, Deputy City Administrator Robbins. 43 4/18/88 . ADJOURN CLOSED SESSION At 4:05 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 4:05 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 Pro Tempore Reilly; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, Deputy City Administrator Robbins. Absent: Mayor Wilcox; Council Member Estrada. . PROPOSED FORMATION OF MOJAVE COUNTY - JUNE 7, 1988 - BALLOT - SAN BERNARDINO AREA CHAMBER OF COMMERCE PRESENTATION In a letter dated March 21, 1988, addressed to Mayor Wilcox, Gill Snyder, President of the San Bernardino Area Chamber of Commerce, stated that the Board of Directors of the San Bernardino Area Chamber of Commerce voted unani- mously on March 18, 1988, to oppose Measure A, the pro- posed formation of Mojave County on the June 7, 1988, ballot. The reasons listed for this decision are as follows: (49) 1. San Bernardino would be reduced from the largest county in area in the United States to the second smallest in Southern California. 2. The proposed Mojave County would take 90 percent of the mass; 17% of the population; and 19.95% of the assessed value. 3. San Bernardino County would be giving away the desert area just as it is beginning to pay its own way. It is an area of enormous growth potential and possibilities for the future. 4. Law enforcement and fire service levels would suffer in both counties if Mojave secedes. Gill Snyder, President, San Bernardino Area Chamber of Commerce, spoke in opposition to the formation of Mo- jave County and urged the Council to endorse this point of view. . 44 4/18/88 . Jim Smith, Chairman of the Political Action Committee for the Chamber, spoke in opposition to the formation of the new Mojave County, stating that the division of the county could create an under-financed law enforcement effort in a neighboring county. Nelda Smith from Wrightwood, Coordinator of the "No on Mojave County Committee" asked that the Council take t~e position of opposing the formation of the new county. She stated she felt it would be economically unfeasible for the new county and would greatly diminish San Bernar- dino County. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the Council oppose Measure "A", the Proposed Formation of Mojave County on the June 7, 1988 ballot. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meet- ing and took her place at the Council Table. . City Attorney Penman stated that the Council could direct that a resolution be prepared authorizing the Mayor to sign an appropriate resolution that could be trans- mitted wherever necessary. Otherwise, the matter would have to be considered at the first meeting in May. (May 2, 1988) Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that a resolution be prepared authorizing the Mayor to sign an appropriate resolution in opposition to the formation of Mojave County. RECESS MEETING - CLOSED SESION At 4:15 p.m., Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the Regular Meeting of the Mayor and Common Council recess to a Closed session as follows: To confer with its attorney regarding pending litiga- tion pursuant to Government Code Section 54956.9(b) (1), as there is significant exposure to litigation; (50) Pursuant to Government Code section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally to which the City is a party as follows: (52) . !enda~~!~~~~l!Y of San Bernardino, et al - San Bernardino Superior Court Case No. 233233; 45 4/18/88 . !:.ines-2~~i!:y~~an Ber!:!ard~2. - San Bernardino Superior Court Case No. 221289; Lankin vs. CitY-2.!~an_~er!:!ar~ino - San Bernardino Superior Court Case No. 234708; City of San Bernardino vs. California Construction ~an~~men!L-lnc~L_~~l - San Bernardino Superior Court Case No. 238755; ~~deck~L~!~~~~~ity of San Bernardino, et al - San Bernardino Superior Court Case No. 236836; Cable Lakes Associates vs. City of San Bernardino - 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. 239193; DeTinne vs. City of San Bernardino - San Bernardino Superior Court Case No. 214093; ~eTinn~vs~~i!:Y of San Bernardino - San Bernardino Superior Court Case No. 222068; . Barrett, Inc., vs. City of San Bernardino, et al -San Bernardino Superior Court Case No. 222765; Sanchez vs. Ci!Y of San Bernardino - San Bernardino Superior Court Case No. 235420; Pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally to which the city is a party as follows: (S-3) !3.usQ.-2~~i!Y-9.!~an~er!:!~rdi!:!2. - San Bernardino Superior Court Case No.232660. CLOSED SESSION At 4:15 p.m., the Closed Session was called to order by Mayor Pro Tempore Reilly 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 Pro Tempore Reilly; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attor- . 46 4/18/88 I . ney Penman. Absent: Mayor IVilcox; City Clerk Clark; Deputy City Administrator Robbins. Also present: Assistant City Attorney Brue. ADJOURN CLOSED SESSION At 6:25 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECONVENE MEETING At 6:25 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the fol- lowing being present: Mayor Pro Tempore Reilly; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope- Ludlam, Miller; City Attorney Penman, City Clerk Clark, Deputy City Administrator Robbins. Absent: Mayor wilcox. . CLOSED SESSION ITEMS TO BE INCLUDED IN COUNCIL AGENDA FOR MEETING OF APRIL 22, 1988 Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the following items be placed on the Agenda for April 22, 1988: 1. Closed regarding pending Section 54956.9(b) litigation; Session to confer with its attorney litigation pursuant to Government Code (1), as there is significant exposure to 2. Closed Session pursuant to Government Code sec- tion 54957 to consider personnel matters; 3. Closed Session pursuant to Government Code Sec- tion 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally to which the City is a party as follows: ~enda~~~Lvs-=-~& of San Bernardino, et al - San Bernardino Superior Court Case No. 233233; DeTinne vs. C& of San Bernardino - San Bernardino Superior Court Case No. 214093; ~eTinne vs~& of San Bernardino - San Bernardino Superior Court Case No. 222068; . 47 4/18/88 . City of San Bernardino vs. San Bernardino Baseball Club, Inc. San Bernardino Superior Court Case No. 2IT:[~- 4. Closed Session pursuant to Government Code Sec- tion 54956.8 the Mayor and Common Council shall meet with its negotiators to discuss the terms of disposition of certain real property generally located at Baseline and Medical Center Drive. The party with whom the Agency's negotiator may negotiate is Haagen Development Corporation. (RS-2) STATEMENT - MAYOR PRO TEMPORE REILLY - REGARDING POLICE CHIEF'S SUMMARY Mayor Pro Tempore Reilly made a statement that he has reviewed the Police Chief's summary regarding the Police Department and Police Chief and recommended that the item be continued until Friday, April 22, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. . City Attorney Penman stated that pursuant to the direction of the Mayor and Common Council last Friday (April 15, 1988), he had reviewed all the backup material to the Police Chief's summary which was provided to the Mayor and Common Council on Friday. He concluded that, due to a number of on-going investigations, the full back- up material should not be distributed to the Councilor read prior to the Council Meeting. ADJOURNMENT At 6:35 p.m., Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that the meeting be adjourned to 9:00 a.m., Friday, April 22, 1988, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. (53) ~~---:~~ / ci ty Clerk No. of Items: 69 . No. of Hours: 9" 48 4/18/88