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HomeMy WebLinkAbout05-02-1988 Minutes . City of San Bernardino, California May 2, 1988 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox at 9:03 a.m., Monday, May 2, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Captain Robert A. Ander- Commanding Officer, Salvation Army, San Bernardino son, Corp. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Flores. . ROLL CALL Roll Call was taken by Deputy Ci ty Clerk Reese with the following being present: Mayor Wilcox; Council Mem- bers Estrada, Reilly, Flores, Maudsley, Minor; City At- torney Penman, Deputy City Clerk Reese, Deputy City Admin- istrator Robbins. Absent: Council Members Pope-Ludlam, Miller. PRESENTATION - SISTER CITY DELEGATION - TAURANGA, NEW ZEALAND - ORANGE SHOW QUEEN Thelma Press, Director of Cultural and International Affairs, introduced the delegation from the Sister City of Tauranga, New Zealand, the host families, and President of the National Orange Show, Gene Wood, and Mrs. Wood. (A) the the Mrs. Press New Zealand former Lord also introduced Brian White, Chairman of Sister City Committee, and Eric Faulkner, Mayor of Tauranga. Mayor Wilcox presented gifts to Mr. White and Mr. Faulkner, and in turn Mr. Faulkner presented a picture to Mayor Wilcox and thanked the City of San Bernardino for all that is being done for the group from New Zealand. Mrs. Press introduced Lee Goodhue, New Zealand Festi- val Queen and Crystal Brown, National Orange Show Queen. Mayor wilcox presented gifts to Ms. Goodhue and Ms. Brown on behalf of the Council, who responded with thanks and greetings to the Mayor and Common Council. . Mayor wilcox presented a gift of City pins to Mr. Faulkner to be distributed to all members of the New Zea- land delegation. 1 5/2/88 . COUNCIL At 9:12 the Counc i 1 Table. MEMBER POPE-LUDLAM ARRIVED a.m., Council Member Pope-Ludlam arrived at Meeting and took her place at the Council PRESENTATION - INLAND LIONS CLUB Thelma Press, Director of Cultural and International Affairs, introduced Dr. Young Rhie, President of the In- land Empire Korean Lions Club. (A) Dr. Rhie introduced two members of the Inland Empire Korean Lions Club and presented to Mayor Wilcox a Korean doll and a gold plated royal crown fashioned after one of Korea's national treasures. PROCLAMATION - HIRE A VETERAN WEEK - MAY 1-7, 1988 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Ber- nardino proclaiming the week of May 1 - 7, 1988, as Hire a Veteran Week and called upon citizens, and especially em- ployers, to assist in developing job opportunities for veterans. (A) . Elvin Harris, representative, Veterans Outreach Pro- gram, Employment Development Department, and Billie Bar- ker, Assistant Manager, Employment Development Department, were present to receive the proclamation. PROCLAMATION - GOODWILL INDUSTRIES WEEK - MAY 1-7, 1988 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Ber- nardino proclaiming the week of May 1 - 7, 1988, as Good- will Industries Week in the City of San Bernardino, and commend ing the Execut i ve Director, John Ranki n for the wonderful job he is doing in guiding this important ser- vice. (A) John Rankin, Executive Director, Goodwill Industries, was present to accept the proclamation. PROCLAMATION - CITIZENS AGAINST FAMILY DAY - MAY 13, 1988 Richard Bennecke, Executive read a proclamation of the Mayor nardino proclaiming Friday, May Against Family Violence Day. VIOLENCE Assistant to of the City 13, 1988, the Mayor, of San Ber- as Citizens (A) . Ellen Longo, Corps Center and lence, was present duced Sister Clare. Heal th Instructor, Inland Empire Job Chairperson, March Against Family Vio- to accept the proclamation, and intro- 2 5/2/88 . Sister Clare acknowledged the ass i stance of Russell Byce, Lori Markin, Nancy Brewster, Joann Nunez, Karen Stillwell and Phil Arvizo, and gave statistics of family violence. She thanked members of the law enforcement agencies for their assistance in dealing with the problem of family violence. PROCLAMATION - JUVENILE DIABETES FOUNDATION DAY _ SATURDAY, MAY 14, 1988 Richard Bennecke, Execut i ve Ass i stant to the Mayor, read a proclamation of the Mayor of the City of San Ber- nardino proclaiming Saturday, May 14, 1988, as Juvenile Diabetes Foundation Walk Day in the City of San Bernar- dino. (A) Skip Herbert, President of the Inland Chapter, Juve- nile Diabetes Foundation, was not present. PROCLAMATION - SALVATION ARMY WEEK - MAY 8-15, 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 May 8 - 15, 1988, as Sal- vation Army week in the City of San Bernardino, in cele- bration of 100 years of service in this community. (A) . Captain Robert Anderson of the Salvation Army was present to accept the proclamation. PROCLAMATION - RESPECT FOR LAW WEEK - MAY 1-7, 1988 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Ber- nardino, proclaiming the week of May 1 7, 1988, as Respect for Law Week, and asking all citizens to join with the Optimists in carrying the message of respect for law to other citizens. (AI Bud Price, President of the Optimist Club, was pres- ent to accept the proclamation. COMMENDATION - OFFICER OF THE YEAR - NOMINATIONS AND AWARD Richard Bennecke, Execut i ve Ass i stan t to the Mayor, introduced the police officers who had been nominated for Officer of the Year: Sergeant Ernest Tull, Sergeant David L. Anderson, and Armando Rivas, Latino Officer of the Year. Mr. Bennecke explained that the San Bernardino Area Chamber of Commerce and The Sun Newspaper recognize offi- cers from the three law enforcement jurisdictions in the City: California Highway Patrol, Sheriff's Department and the City Police Department. (A) . 3 5/2/88 . For the second year, the Officer of the Year Award was given to a member of the San Bernardino Police Depart- ment: Detective Craig Keith. Mr. Bennecke read a resolution of the Mayor and Com- mon Council highly commending Detective Craig Keith for his exemplary service and devotion to duty. In the absence of Craig Keith, Police Chief Burnett accepted the commendation. APPOINTMENT - COMMISSION FOR DISABLED - SAMANTHA INGHAM - MAYOR'S REPRESENTATIVE Pursuant to a memorandum dated April 20, 1988, from Mayor Wilcox, Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the appointment of Samantha Ingham, 775 E. Base Line, Space 26, San Bernardino, CA 92410, as requested by Mayor Wilcox, be approved. (B) BRIEF COMMENTS - FRANCIA WHITE Francia White who lives on 9th Street, San Bernar- dino, stated she was saddened by the division between the Council and the Police Department, and gave the remaining minutes of her five minute limit to the Sword. (C) . BRIEF COMMENTS - THE SWORD A citizen identifying himself as Abel the Lamb, also known as the Sword, Commander-in-Chief of the House of Ying during the battle of Armageddon, spoke in defense of the Police Chief in the controversy with the Council and the many fine officers in the Police Department. (C) BRIEF COMMENTS - STEVE FILSON Steve Filson, member of the Board of Directors for the San Bernardino Police Benefit Association stated that in an effort to maintain an outstanding relationship with the Police Department and the community, he was presenting petitions with over 3200 signatures of support for Chief Burnett and the San Bernardino Police Department, over 350 of which are from the ci ti zens of Delmann Heights. (C) BRIEF COMMENTS - IRV WARSAW Irv Warsaw, Chairman of Kids Against Crime, stated he represented in excess of 2,000 families from all the wards of the City. He cautioned the Council to make decisions that were best for the ci ti zens of the Ci ty, not on a personal, political basis. Mr. Warsaw defended Chief Burnett I s actions, and referred to the high morale and visibility of the Police Chief. (C) . 4 5/2/88 . BRIEF COMMENTS - RITA HERNANDEZ Rita Hernandez, President of the Neighborhood Watch Association, spoke in support of Police Chief Burnett and commended him on his open door policy and being available to citizens whenever they called. (C) BRIEF COMMENTS - SUSAN JOHNSON Susan Johnson, a new resident of the support of the Police Chief and stated she with his open door pOlicy and availability. Ci ty, spoke in was impressed (C) BRIEF COMMENTS - ROBERT HAMPTON Robert Hampton, a resident of the Delmann Heights area, stated he had lived in San Bernardino for 29 years and 18 months ago became involved in the Neighborhood Watch Program. He stated that Chief Burnett was always available and had attended their Neighborhood Watch meet- ings when invited. (C) . APPROVAL OF MINUTES - APRIL 11, 1988 Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley and unanimously carried, to ap- prove the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 11th of April, 1988, as submitted in typewritten form. (1) APPROVAL OF MINUTES - APRIL 18, 1988 Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley and unanimously carried, to amend the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on April 18, 1988, page 41, last paragraph, to change the word "bread" to "break" and to approve as amended. (1) APPROVAL OF MINUTES - APRIL 22, 1988 Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley and unanimously carried, to ap- prove the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 22nd of April, 1988, as submitted in typewritten form. (1) . SET PUBLIC HEARING - PROPOSED SALE OF TEMPORARY CLASSROOMS TO HOME OF NEIGHBORLY SERVICE In a memorandum dated April 22, 1988, Ken Henderson, Director, Community Development, gave the background of the proposed sale of temporary classrooms to the Home of Neighborly Service. He stated that the Ways and Means Committee had considered this matter and recommended that a public hearing be scheduled for consideration by the Mayor and Common Council. (2) 5 5/2/88 . Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley and unanimously carried, that the Mayor and Common Council schedule a public hearing for the May 16, 1988, Council Meeting to consider the proposed sale of temporary classrooms owned by City, and acquired with CDBG funds, to Home of Neighborly Service. SET PUBLIC HEARING - DISCUSSION OF YEAR-TO-DATE MULTI-YEAR DOG LICENSES In a memorandum dated April 13, 1988, Deborah L. Biggs, Director, Animal Control, stated that under the current dog licensing program, all licenses are valid on a fiscal year basis, expiring June 313 of each year. During FY 86-87, 55.4% of all dogs were licensed; the rate is even lower for FY 87-88. In order to have adequate pro- tection in the event of a rabies outbreak, 813% of the communi ty' s domestic animal population needs to be vac- cinated against rabies, a requirement for licensing. (3) Ms. Biggs stated that staff is recommending: 1. Implementation of a year-to-date license 2. Offer two/three year renewal, to co inc ide wi th the expiration of the rabies vaccination . 3. over 613 neutered Offer a Senior Citizen license for those persons years of age, providing the animal is spayed or 4. Offer a "transfer" license to those new residents who have a current license from another agency Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley and unanimously carried, that the Mayor and Common Council set a public hearing for May 16, 1988, at 113: 1313 a.m., for the purpose of discussing year- to-date multi-year dog licenses. SET FY 1988-89 CDBG PUBLIC HEARING - MAY 16, 1988 - CONSIDERATION OF VARIOUS PROPOSALS REQUESTING FINANCIAL ASSISTANCE In a memorandum dated April 21, 1988, Ken Henderson, Director, Community Development, stated that on March 7, 1988, the Mayor and Common Council approved and adopted the FY 1988-89 CDBG Program Mix and authorized staff to solicit proposals. Mr. Henderson stated that 38 propo- sals were received and are currently under review by the Community Development Citizen Advisory Committee. Their recommendations will be considered by the Mayor and Common Council during the public hearing. (5) . 6 5/2/88 . Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley and unanimously carried, that the Mayor and Common Council establish May 16, 1988, at 3:00 p.m., as the date and time certain for the FY 1988-1989 CDBG public hearing for consideration of various proposals requesting financial (CDBG) assistance. LYTLE CREEK PARK COMMUNITY CENTER - THIRD WARD PARK EXTENSION FUNDS - PURCHASE OF MICROWAVE OVEN AND REFRIGERATOR In a memorandum dated April 20, 1988, Annie Ramos, Director of Parks, Recreation & Community Services, ex- plained that Lytle Creek Park Community Center serves as a Senior Nutrition Site and Summer Nutrition Site for chil- dren. Provision of a microwave oven and refrigerator would enhance these programs, and would also be of value in numerous other programs and special events that take place there. (6) Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley and unanimously carried, that the expenditure of $741 from Third Ward Park Extension Funds be approved for the purchase of a microwave oven and re- frigerator for Lytle Creek Park Community Center be ap- proved. . CIVITAN LITTLE LEAGUE - ASSISTANCE IN ELECTRICAL FEES - 1988 SEASON In a memorandum dated April 20, 1988, Annie Ramos, Director of Parks, Recreation & Community Services, stated that Civitan Little League has requested financial assis- tance for its utility costs for use of Aquinas High School ballfield. Civitan Little League was the principal user of Fiscalini Field from 1982 to 1986 and its cooperation in securing an alternative playing site facilitated securing the minor league baseball program. In utilizing a private field, Ci v i tan became the only youth league in the Ci ty required to pay utility costs. (7) Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley and unanimously carried, that the expenditure of $952 from the Recreation Electrical Energy Account be approved to assist Civitan Little League with electrical energy costs for the 1988 season. . OUT OF STATE TRAVEL - FIRE DEPARTMENT - ELIZABETH CALDERA, INSPECTOR - UTAH FIRE EDUCATION CONFERENCE - ST. GEORGE, UTAH - MAY 16 - 19, 1988 Pursuant to a memorandum dated April 15, 1988, from Fire Chief Newcombe, Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley and unanimous- 7 5/2/88 . ly carried, that authorization be approved Public Educator Elizabeth Caldera, Fire attend the Utah Fire Education Conference Utah, on May 16 - 19, 1988. for Inspector/- Depar tment, to in St. George, (8 ) STORM DRAIN IN NORTHPARK BLVD. FROM MAYFIELD TO ELECTRIC AVENUE - NEGATIVE DECLARATION In a memorandum dated April 21, 1988, Roger Hard- grave, Director of Public Works/City Engineer, stated that the Environmental Review Committee recommended adoption of a Negative Declaration, based upon the Initial Study for Public Works Project No. 88-9, for a storm drain in North- park Boulevard from Mayfield to Electric Avenue. (10) Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley and unanimously carried, that the Negative Declaration for installation of a 36-inch storm drain in Northpark Boulevard, from Mayfield Avenue to Electric Avenue, in accordance with Plan No. 7465, be adopted. . CENTRAL CITY SOUTH REDEVELOPMENT PROJECT - NEW GRADE CROSSING - "F" STREET, SOUTH OF RIALTO AVENUE - AUTHORIZATION TO SUBMIT FORMAL APPLICATION In a memorandum dated April 20, 1988, Roger Hard- grave, Director of Public Works/City Engineer, explained that one of the principal features of the Central City South Redevelopment Project is the improvement of a direct access route between the Central City Mall and the Inland Center Mall. Approval from the Public Utilities Commis- sion to construct a new public grade crossing over the Atchison, Topeka & Santa Fe Railway Company's railroad, south of Rialto Avenue is needed. Mr. Hardgrave also listed other provisions which have been completed. (11) Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley and unanimously carried, that the Director of Public Works/City Engineer be authorized to submit a formal application to the Public Utilities Com- mission for a new public grade crossing for "F" Street and the Atchison, Topeka, and Santa Fe Railway Company's railroad, south of Rialto Avenue. CLAIMS AND PAYROLL Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley and unanimously carried, that the claims and payrolls, and authorization of issuance of warrants as listed on the memorandum from the Director of Finance, be approved as follows: (12) . 8 5/2/88 . 1. Approve the register of demand dated: April 13, 1988 April 20, 1988 87/88 #38 87/88 #39 $1,457,253.90 743,989.97 2. Approve the total gross payroll for the period March 28, 1988, through April 10, 1988, in the amount of $1,389,084.46. PERSONNEL ACTIONS Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley and unanimously carried, that the personnel actions submitted by the Director of Personnel, in accordance with all administrative regulations of the City of San Bernardino, be approved. (13) APPOINTMENTS Data Processing Carl E. Felker - Programmer I - Effective May 3, 1988 Risk Management Jerry D. Hodgson - Safety Officer - Effective May 3, 1988 . TEMPORARY APPOINTMENTS Public Works/Central Garage Eduardo Delarosa, Jr. - Extra Relief Heavy Laborer - Effective May 4, 1988 through November 7, 1988 Public Works/Public Bldgs. Gary Smith - Custodial Aide - Effective May 3, 1988 through November 7, 1988 Parks, Recreation & Community Services LaShandra D. Luckey - Recreation Aide - Effective May 3, 1988 through November 7, 1988 Senior Services Aide - Effective May 3, 1988 through November 7, 1988 Henry Manship Katherine Robinson Edith Voss Groundsman - Effective May 3, 1988 through November 7, 1988 . Thomas Coleman Walter Wheeler 9 5/2/88 . Senior Recreation Leader - Effective May 3, 19898 through November 11, 1988 Ruben Campos, Jr. Fulton Lee Richard Cummings Rosemary Villalvazo Recreation Specialist - Effective May 3, 1988 through November 7, 1988 Joyce Radzik Mary Samson James W. Moore - Kitchen Helper - Effective May 3, 1988 through November 7, 1988 Gerald Shumpert - Coach Operator - Effective May 3, 1988 through November 7, 1988 Animal Control Sandra J. O'Brien -Animal License Checker - Effective May 3, 1988 through November 7, 1988 Fire Department . Firefighter Trainee - Effective May 9, 1988 through July 9, 1988 George A. Avery Mardell B. Jimerson John R. Payan Ralph P. Romero Christopher K. Webb Enrigue R. Enguidanos Ernest A. Marquez James D. Prater Kevinn B. Whitaker Police Department Dispatcher I - Effective May 3, 1988 through November 7, 1988 Cynthia K. Sepulveda Mary Bennett Public Services/Refuse Extra Relief Heavy Laborer - Effective May 3, 1988 through November 7, 1988 . Sergio C. Alba Johnny L. Byrd Randall L. Davis Randy English Robert G. Jenkins Joe V. Mata Richard J.McKinney James W. Brown, Sr. Danny J. Campos Robert E. Ellis Ruben J. Hernandez Richard E. Johnson David E. Maynus Robert M. Mendoza 10 5/2/88 . Jess Morales Freddie A. Roybal Andy M. Sandoval Ivan B. Robertson Jesse Sanchez Edward V. Shipley PROVISIONAL APPOINTMENT S.B.E.T.A. Josephine Wilson - Typist Clerk I - Effective May 3, 1988 through September 30, 1988 PROMOTION Building & Safety Jack Masters - Senior Building Inspector - From General Building Inspector to Senior Building Inspector - Effective May 3, 1988 TEMPORARY PROMOTION Parks, Recreation and Community Services John A. Wesling - Recreation Supervisor _ Effective May 3, 1988 through September 5, 1988 PROVISIONAL PROMOTIONS . Public Works/Public Bldgs. Miguel Z. Castro - Maintenance Plumber I - From Building Maintenance Maintenance Worker to Maintenance Plumber I - Effective May 3, 1988 Police Department Gloria A. Hurt - I.D. Technician I - From Typist Clerk II to I.D. Technician I - Effective May 3, 1988 DEMOTION Police Department Robert E. Bennett - Dispatcher II - From Dispatch Supervisor to Dispatcher II - Effective April 11, 1988 REQUEST TO DISCUSS THE PROHIBITION OF SALE OF LOOK-ALIKE TOY GUNS - CARL AND THERESA OVERCAST In a letter dated April 5, 1988, Theresa C. Overcast and Carl L. Overcast stated that San Bernardino County had confirmed legislation prohibiting the sale of look-alike toy guns within the unincorporated areas of the County. It was their opinion that similar action should be taken by the City of San Bernardino. (4) . Deputy City Administrator Robbins answered questions. 11 5/2/88 . City Attorney Penman stated that the purpose of the public comments portion of the agenda is to allow the public to address the Mayor and Council on a subject they wish to be heard, and that items on the regular portion of the agenda should be submitted by either a Council Member or the Mayor. Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the request of Carl L. and Theresa C. Overcast to discuss legislation prohibiting the sale of look-alike toy guns be scheduled to be heard May 16, 1988, at 9:30 a.m. REQUEST TO DISCUSS TITLE 24 OF THE CALIFORNIA ADMINISTRATIVE CODE - IMPLEMENTATION OF BUILDING PERMIT FEE INCREASES - RALPH H. PRINCE In a letter dated March 23, 1988, Ralph H. Prince requested to be heard before the Mayor and Common Council regarding the collection of a 50% increase in building permit fees that took effect automatically July, 1987. (9 ) . The Mayor and Council discussed previous action on the request of Mr. Prince to be heard and whether or not it should be set as an agenda item or if it could be heard in the public comments portion of the agenda. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, that the request of Ralph H. Prince to discuss Title 24 of the California Administra- tive Code as it relates to increased building permit fees be scheduled to be heard at the meeting of the Mayor and Common Council to be held May 16, 1988, at 9:30 a.m. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Pope-Ludlam. Noes: Council Members Maudsley, Minor. Absent: Council Member Miller. PUBLIC HEARING - ESTABLISHMENT OF TRAFFIC SYSTEMS FEE - $12 PER TRIP - NEW DEVELOPMENTS OR REDEVELOPMENT - CONTINUED FROM APRIL 18, 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 re- development. (14) 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 5/2/88 . neer, was presented. He sta ted 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 per sonnel in rev iewing plans, traff ic stud ies and other activities in connection with new development. Council Member Flores made a motion, seconded by Council Member Maudsley 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 9:30 a.m., May 16, 1988, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. PUBLIC HEARING - ANNUAL PAYBACK ARRANGEMENT FOR PARKING DISTRICT SECONDARY ASSESSMENT ROLL This is the time and place set for a public hearing to consider an annual payback arrangement established for parking district secondary assessment roll. (15) . In an undated report, George Webster, Chairman, Cen- tral City Parking Place Commission, stated that on March 31, 1988, the Central City Parking Place Commission had discussed the issue of the accelerated repayment schedule for the Parking District Secondary Assessment Roll. He explained that in 1979, the City loaned the Parking Dis- trict approximately $800,000 to fund an expansion project which created 383 additional parking spaces in the down- town parking district lots. The loan was to be repaid through an additional property assessment of approximately 30% of the 1978 primary assessment roll which amounted to $30,300 annually. This assessment has been collected since 1979. On November 16, 1987, the City Council revised the repayment schedule in order to retire the outstanding portion of the loan in seven years through an increase in the secondary assessment with an interest rate of 9% on the unpaid balance. They further directed that all the interest lncome generated on the unpaid balance be re- served in a capital improvement development account which would be reserved to fund future parking needs of the downtown community. The impact of this action would be an increase in the secondary assessment for all owners of real property in the parking district of approximately three times the 1986 rate. . 13 5/2/88 . Mr. Webster sta ted tha t cer ta in member s of the Com- mission, as well as other owners of real property in the parking district have expressed concern over the acceler- ated repayment schedule. Mayor Wilcox opened the hearing. Deputy City Clerk Reese stated that a written protest had been received from H. Frank Dominguez, President, vanir Group of Companies, Inc. In the letter dated April 28, 1988, Ms. Dominguez stated that the increase in the assessment is an unfair burden to the property owners of downtown property, and requested that the Council revise their action to require the repayment of the loan to the Parking District in seven years George Webster, Chairman of the Central City Parking Place Commission, thanked the Council for the opportunity of making a presentation, and introduced Mr. Erven Tall- man. . Mr. Erven Tallman, Inland Empire Properties, Ltd., 215 North "0" Street, read a prepared statement. He stated that his secondary tax assessment would go from $273.85 per year to $821.55 per year on a seven year ac- celerated basis. Mr. Tallman also stated that this extra payment was not budgeted, and with a high vacancy factor in his building at 215 North "0" Street, this becomes a financial burden. COUNCIL MEMBER MILLER ARRIVED At 10: 24 a.m., Council Member Miller arrived at the Council Meeting and took her place at the Council Table. Mr. Daniel Perlmutter, with DMP Properties, owner of the Central City Plaza Shopping Center, which houses the Stater Brothers Market and other businesses, stated that they have lost seven tenants in the past three years be- cause of financial reasons as a result of the high tax bill. Mr. Perlmutter complained about the taxes of over $70,000 annually, which he considers an excessive tax burden. These costs are passed on to the tenants. He requested that the Council reconsider their decision to increase the assessment, as he felt that tenants could not be asked to pay higher taxes. . 14 5/2/88 . City Attorney Penman stated that the assessment being considered is legally neither tax nor fee, and is not subject to Proposition 13. Wallace Green, Central City Company, Central City Mall, stated he had been involved with the Central City Parking Place Commission and the Parking District. He stated that if the Mayor and Council do not rescind their action of November 1987, regarding the secondary assess- ment roll, he strongly urged that the public hearing be continued to give the lessees, as well as the property owners within the area, the opportunity to be heard. COUNCIL MEMBER MILLER - CONFLICT OF INTEREST - EXCUSED Council Member Miller stated she may have a conflict of interest in this matter and left the Council Meeting. Art Lindholm, Valley Auto Supply, 441 West 5th Street, stated they have 34 parking spaces on which they pay tax and for which they get credit in the calculation of the tax. He stated that even after that deduction, the amount they are paying for the parking district assessment is 43% of the tax bill. . C. Dale Jenks, representing the California Theater and civic Light Opera, stated he had no knowledge of the proposed secondary assessment roll until after the fact. He questioned what caused the decision to change the per- iod of 20-25 years to seven years in which to repay the funds, and what the interest rate was on the loan at that time. Fred Wilson, Assistant to the City Administrator, answered questions, stating that in 1979 when the parking expansion took place, the intent was to obtain a commer- cial loan to repay the General Fund monies that were loaned to the Redevelopment Agency. However, interest rates were so high that a decision was made not to take out the loan. The Engineer's report specified that the assessment would be repaid at a rate of $30,300 per year, with no real term specified in the contract. That amount was collected until 1987, and those funds were kept in the Parking District fund balance. The City Council then determined to set up terms to repay the loan in a set period of time. The Ways and Means Committee considered this issue and determined the loan shall be paid in a seven year period rather that the 25 year period. . 15 5/2/88 . George Webster, Chairman of the Central Parking Place Commission, answered questions, stating that this matter was heard at the meeting of March 31, 1988, and concern was expressed over the accelerated repayment schedule. He thought the matter should be deferred to another time so that the Council and the Commission could get a more com- prehensive study. Fred Wilson, Assistant to the City Administrator, stated that the Central City Parking Place Commission was never asked for a formal recommendation during the dis- cussions in November, 1987. Mr. C. Dale Jenks commented on the parking problem in the downtown area and the desire to improve the area. He stated that additional costs would be a strain on Civic Light Opera, and they would have to pass the additional costs on to some of their other tenants. It was pointed out that the Central City Place Commission had not been involved in the discussions and that property owners had not been of the original hearing in November, 1987. Parking current notified . City Attorney Penman stated that under the circum- stances in this matter, no notice is required. He recom- mended that if notification to property owners and busi- ness owners is given in this instance, that it be based upon a resolution or ordinance and that the Council be consistent and provide the same kind of notice in every other case in order to avoid a challenge in Court. Mayor Wilcox stated that because of the importance of the revitalization of the downtown area, she recommended the matter be referred back to the Ways and Means Commit- tee and notification given to the Central City Parking Place Commission and downtown property owners, as well as business owners, for input. Verne Nadeau, Sr. Real Property Specialist, stated that if this matter is continued, he would need direction from the Council, as there is a deadline of July 1, 1988, for the assessment to be prepared for the County tax rolls. Ann Harris, Main Street Project, stated they could take the responsibility of notifying the merchants. . Dorene Dominguez, representing Vanir Development Co., and also a member of the Central City Parking Place Com- mission and Main Street, stated that the common goal is 16 5/2/88 . the success of San Bernardino, and that the downtown area is the key area. The po int is:" Can the property owners pay this assessment?" She stated that many property own- ers are leaving the downtown area because business is not doing well. Mrs. Hugo Blum sta ted she agreed wi th the prev ious speaker that the proposed assessment is an unfair tax. Harold Hoffman, owner of property on the west side of "E" Street between Fourth and Fifth Streets, stated he had been active in the formation of the the Parking District and the Central City Advisory Board. He stated he was opposed to asking the business owners to pay more when they have not experienced growth in sales. He also stated they had not had the advantage of being in a Redevelopment Area. Fred Wilson, Assistant to the City Administrator, answered questions regarding the Finance Department's staff report dated October 14, 1987 . Council Member Estrada made a motion, seconded by Counc i 1 Member Mi nor and unanimous ly carr ied, tha t the publ ic hear ing to consider an annual payback arrangement established for parking district secondary assessment roll be continued to June 6, 1988, at 10:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, and that the matter be referred back to the Ways and Means Committee. RECESS MEETING At 11:10 a.m., a five minutes recess was declared. RECONVENE MEETING At 11: 30 a.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by Deputy City Clerk Reese with the following being present: Mayor Wilcox; Council Mem- bers Estrada, Reilly, Flores, Maudsley, Minor, Pope-Lud- lam, Miller; Sr. Assistant City Attorney Barlow, Deputy City Clerk Reese, Deputy City Administrator Robbins. Ab- sent: None. . COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - REGULAR MEETING The Regular Meeting of the Community Development Commi ss ion/Redevelopment Agency, was called to order by Chairman Wilcox in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 17 5/2/88 . RES. 88-129 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZ ING THE EXECUTION OF A FIRST AMENDMENT TO THE DISPOSITION AND JOINT DEVELOPMENT AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, THE CITY OF SAN BERNARDINO, AND THE SAN BERNARDINO COMMUNITY HOSPITAL. (R-8) Deputy City Clerk Reese read the title of the resolu- tion. Council Member Pope-Ludlam made a motion, seconded by Counc il Member Mi ller and un an imously carr ied, that fur- ther reading of the resolution be waived. Charlie Krause, Sr. Vice President Health Care, requested the extension of the escrow, because of the need for additional a developer. for Arrowhead closing of the time to select Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley, that said resolution be adopted. . Resolution No. 88-129 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RECESS MEETING - CLOSED SESSION At 11: 38 a.m., Council Member Minor made a motion, seconded by Counc i 1 Member Estrada and unanimous ly car- ried, that the Regular Meeting of the Mayor and Common Council recess to a Closed Session pursuant to the follow- ing: Government Code Section 54956.8, to discuss with its negotiator the purchase, sale, exchange or lease of real property and to give instructions to its negotiator con- cerning the price and terms for said transaction. The property which the negotiations concern is generally lo- cated on West Highland Avenue at its intersection with Western; (R-9) Government Code Section 54956.8 to meet with its negotiator 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. (R-10) . 18 5/2/88 . CLOSED SESSION At 11:38 a.m., the Closed Session was called to order by Mayor wilcox in the Conference Room of the Council Chambers of City Hall, 31J1J North "D" Street, San Bernar- dino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Sr. Assistant City Attorney Barlow. Absent: Deputy City Clerk Reese, Deputy City Administrator Robbins. Also present: Sandy Lowder, Deputy Director, Redevel- opment Agency; Attorney Bill Simon. ATTORNEY SIMON EXCUSED At 11:55 a.m., Attorney Simon left the Closed Ses- sian. LEGAL COUNSEL SABO AND JEFF KINSELL ARRIVE At 11:55 a.m., Legal Counsel Tim Sabo and Jeff Kin- sell, Miller & Schroeder, arrived at the Closed Session. . ADJOURN CLOSED SESSION At 12: 17 p.m., the Closed Session adjourned to Regular Meeting of the Mayor and Common Council in Council Chambers of City Hall, 300 North "D" Street, Bernardino. the the San RECONVENE MEETING At 12:17 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by Deputy City Clerk Reese with the following being present: Mayor Wilcox; Council Mem- bers Estrada, Reilly, Flores, Maudsley, Minor, Miller; Sr. Assistant City Attorney Barlow, Deputy City Clerk Reese, Deputy City Administrator Robbins. Absent: Council Mem- ber Pope-Ludlam. RECOMMENDATION FOR NOTICES OF CONTINUANCE OF AGENDA ITEMS Sr. Assistant City Attorney Barlow recommended that a definite time be set for continuance of any agenda item as notice should be given to any interested parties. (R-ll, R-12) . 19 5/2/88 . PROTEST HEARING - CONFIRMATION OF ASSESSMENTS - UNDERGROUND UTILITY DISTRICT NO. 9 - GOVERNMENT CENTER, FROM THIRD STREET TO FIFTH STREET AND ARROWHEAD AVENUE TO SIERRA WAY This is the time and place set for a hearing to con- sider a protest regarding the confirmation of assessments on Underground Utility District No.9, located in the area between the Government Center, from Third Street to Fifth Street and Arrowhead Avenue to Sierra Way. (16) Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the protest hearing regarding confirmation of assessments on Underground Utility District No.9 be continued to 3:00 p.m., this date, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (See page 29) PROCLAMATION - GEORGE WEBSTER DAY - MAY 2, 1988 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor and Common Council pro- claiming Monday, May 2, 1988, as George Webster Day in the City of San Bernardino as a tribute to the outstanding contributions Mr. Webster has made to help individuals and organization in the City of San Bernardino. (A) . COUNCIL MEMBER POPE-LUDLAM ARRIVED At 12:22 p.m., Council Member Pope-Ludlam arrived at the Council Meeting and took her place at the Council Table. Mayor Wilcox presented the proclamation to Mr. Web- ster and spoke of the many ways he has contributed to the City by sharing his knowledge and experience. George Webster was present to accept the proclama- tion. He introduced members of his family and gave credit to many friends throughout the years who have shared their philosophy and experience with him. RECESS MEETING - LUNCHEON HONORING GEORGE WEBSTER - MANAGEMENT INFORMATION CENTER (MIC) At 12: 30 p.m., the Regular Meeting of the Mayor and Common Council recessed to the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. . LUNCHEON - HONORING GEORGE WEBSTER - MANAGEMENT INFORMATION CENTER (MIC) At 12: 40 p.m., the luncheon honoring George Webster convened in the Management Information Center (MIC), Sixth Floor, Ci ty Hall, 300 North "D" Street, San Bernard ino, California. (30) 20 5/2/88 . ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Absent: City Attor- ney Penman, Deputy City Clerk Reese, Deputy City Adminis- trator Robbins. Also present: family and friends of Mr. Webster. RECESS LUNCHEON HONORING GEORGE WEBSTER At 1:45 p.m., the luncheon honoring George Webster was recessed to the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2: 10 p. m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . ROLL CALL Roll Call was taken by Deputy Ci ty Clerk Reese with the following being present: Mayor Pro Tempore Flores; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam; Deputy City Attorney Grace, Deputy City Clerk Reese, Deputy City Administrator Robbins. Absent: Mayor Wilcox; Council Member Miller. APPEAL ON PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT NO. 87-28 - REMODEL ABANDONED, NON-CONFORMING OFF-PREMISE SIGN - QUALITY INN - CAMINO REAL NORTH OF FAIRWAY DRIVE This is the time and place set to consider an appeal filed by Naomi Silvergleid of Singer & Silvergleid, Inc. for owner J.H.M. California Inc., dba Quality Inn, on the Planning Commission's denial of Conditional Use Permit No. 87-28, to remodel an abandoned, non-conforming off-premise s1gn, and to deviate from the required setbacks from a public right-of-way and a freeway right-of-way and to increase the height from 24 feet to a height of 42 feet which exceeds the maximum allowed height of an off-premise sign which is 32 feet. The sign in question is located on the west side of Camino Real approximately 535 feet north of Fairway Drive in the C-3A Zone, which is a vacant par- cel adjoining the parcel on which the Quality Inn is lo- cated. (36) Mayor Pro Tempore Flores opened the hearing. . Planning Director Siracusa presented the background of the appeal, stating that the original sign was approved in the early 1970's to aid travelers with direction to the motel (then Holiday Inn). The property was later pur- 21 5/2/88 . chased by Quality Inn. The name of the motel was removed, but the directions remained on the two faces of the signs, but the sign did not say where the direction led to. After a period of 180 days, the off-premise sign became legally "abandoned". The pole of the sign has "telescoped", so is 24 feet in height now, as compared with the original height of 42 feet. Ms. Building found to Siracusa stated that the sign was inspected by & Safety Code Compliance Officer Don Hesterly and be unsafe. MAYOR WILCOX ARRIVED At 2: 15 p.m., Mayor wilcox arrived at the Council Meeting and took her place at the Council Table. . Ed Shawley, Director of Operations for J. H. Enter- prises, owner of Quality Inn, and also acting Manager, stated he felt that the sign had not been abandoned, and explained that the property had been in litigation for some time and had changed ownership several times. J. H. Enterprises is requesting to restore the sign as it was originally erected by Holiday Inn. Because of the loca- tion of the motel, it is difficult for visitors to get there without assistance from a directional sign and clar- ification as to the name of the facility. Mr. Shawley stated there is another sign in front of the motel with a reader board, but it is too small to put the directional information on it. Mr. Shawley answered questions, stating they are not asking to move the sign, only to restore it and maintain it with the original surface area. Naomi Silvergleid, attorney with Silvergleid and Singer, described the sign in question, stating that it is a two-faced sign giving directions as to how to reach the motel, which differ as you approach from the north or south. The signs were deemed necessary originally, be- cause of the lack of access from the freeway. That condi- tion has not changed, thus making the sign and directions extremely important. She stated they were not asking for anything new or different - just to repaint and maintain the sign at the original height. It was her opinion that granting the appeal would not be setting a precedent, as the sign has been there since the early 70' s, and her clients are asking only to maintain the sign in its origi- nal condition. . 22 5/2/88 . COUNCIL MEMBER At 2:30 p.m., Council Meeting and MILLER ARRIVED Council Member Miller arrived at the took her place at the Council Table. Council Member Flores made a motion, seconded by Counc i I Member Estr ada and unan imously carr ied, tha t the hearing be closed. Council Member Flores made a motion, seconded by Council Member Estrada, to deny the appeal and deny Condi- tional Use Permit No. 87-28. The motion Counc il Members lam, Miller. None. carr ied by the following vote: Ayes: Estrada, Reilly, Flores, Minor, Pope-Lud- Noes: Council Member Maudsley. Absent: . APPEAL - PLANNING COMMISSION'S AND DEVELOPMENT REVIEW COMMITTEE'S DENIAL OF REVIEW OF PLANS NO. 88-6 - USE OF METAL BUILDING IN CENTRAL CITY SOUTH OVERLAY STUDY AREA This is the time and place set for an appeal filed by Jim Pence, President, Penco Building, Inc., on the Plan- ning Commission's and Development Review Committee's deni- al of Review of Plans No. 88-6 to reconsider the prohibi- tion of the use of metal building materials in the Design Guidelines adopted for the Central City South Overlay Study Area. The address of the property in question is 420 South "E" Street. (37) Mayor Wilcox opened the hearing. Planning Director Siracusa explained that the appli- cant is asking for an exception to the Design Guidelines of Central City South Overlay District. The Review of Plans are for the construction of an addition to an exist- ing metal warehouse at 420 South E Street. The proposed addition is predominately metal to blend with the existing building. The Central City South Overlay District incor- porates guidelines which prohibit metal buildings, but also allows for exceptions which may be approved by the Council. This project was denied by the Development Re- view Committee because of the inconsistency with the Guidelines and by the Planning Commission because they were not in the position to grant the exception. . Ms. Siracusa stated that the item was reviewed by the Redevelopment Committee and the Committee felt the excep- tion was something that could be granted. Exceptions to the Guidelines may be granted by the Council based on the following criteria: 23 5/2/88 . 1. The exception is needed in order to realize the design concept of the development; 2. The exception must produce important public ben- efits, such as adding variety, humor and delight while not detracting from the cohesiveness and quality of the area. 3. The exception to the sign standard may be granted if the variance allows the sign to substantially contri- bute to the identity, interest and uniqueness of the study area. DeWayne Bridges of Penco Builders, applicant and builder of the proposed building, explained that they want to carryon with what has already been built. To change the type of construction would take away esthetically from what is already there. . Mr. Bridges and Mr. Lauren Walters, President of Stockwell and Binney, displayed and explained a rendering of the existing building plus what is proposed. The new building is connected to the existing warehouse, which is an all metal building. Mr. Bridges stated that stucco panels will be used on the exterior of the building for esthetic purposes. He further explained where the land- scaping will be and that there are other metal buildings in the area. The new building will be about 100 feet from the street. Planning Director Siracusa answered questions, stat- ing that the landscaping more than meets the requirements Deputy City Attorney Grace answered questions, stat- ing that an exception could be made pursuant to Criteria No. 1. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, to close the public hearing. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carr ied, to grant the appeal, subject to the following findings: 1. The building plans have been submitted which add decorative building materials replacing a large portion of the metal building structure. . 2. The setback of the building from "E" Street sub- stantially exceeds that of ordinance requirements. 24 5/2/88 . 3. The attempt has been made to substantially blend the new addition to the present metal structure. 4. Landscaping area meets or exceeds ordinance re- quirements. 5. Metal buildings do exist in the general area of the site and the fencing along the north property line has been deleted and landscaping is being substituted. Deputy City Attorney Grace answered questions about authority to make modifications to the Central City South Overlay Guidelines and recommended that they be amended for clarification. Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that the City Attorney be directed to prepare an amendment to the Guidelines of the Central City Overlay Zone to require Planning Commission review and recommendations, subject to Council approval. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. . APPEAL - PLANNING COMMISSION'S INTERPRETATION - REVIEW OF PLANS NO. 88-4 - FAST-FOOD RESTAURANT VS. RESTAURANT - 1271 W. 5TH STREET This is the time and place set for a public hearing to consider an appeal filed by Paul M. Madison on the Planning Commission's interpretation that the Review of Plan No. 88-4 is considered to be a fast-food restaurant as opposed to a restaurant. The property in question is located at 1271 West 5th Street. (38) Planning Director Siracusa stated ceived a request from the property owner of the appeal hearing. that she had re- for a continuance Council Member Estrada made a motion, seconded by Council Member Minor and unanimoUSly carried, that the appeal on the Planning Commission's interpretation on Review of Plans No. 88-4 be continued to May 16, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. READING AND WAIVING OF RESOLUTIONS Deputy Ci ty Clerk Reese read the ti tles of all the resolutions on the Agenda. . 25 5/2/88 . Council Member Estrada 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. 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 RENEWING THE COMMITMENT TO COMPLETE DEVEL- OPMENT OF THE PATTON PARK PROPERTY AND TO DES IGNATE 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. (Continued from April 18, 1988) (17) Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be continued to Monday, May 16, 1988, in the Council Chambers of City Hall, 31313 North "D" Street, San Bernardino, California. . RES. 88-1313 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO CHARLES RAY GANN, DEMOLITION, FOR DEMOLITION AND CLEARANCE OF RESIDENTIAL STRUCTURE LOCATED AT 2477 EAST PAC IF IC AVENUE, SAN BERNAR- DINO, CALIFORNIA. (18) Council Member Estrada made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 88-1313 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 88-131 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE APPROPRIATION OF $4,131313.1313 FOR EXTRA SERVICES PURSUANT TO AN AGREEMENT WITH FLORIAN MARTINEZ ASSOCIATES RELATING TO ADDITIONAL ARCHITECTURAL SER- VICES FOR THE SECCOMBE LAKE STATE PARK. (19) Council Member Estrada made a motion, seconded by Council Member Maudsley, that said resolution be adopted. . Resolution No. 88-131 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. 26 5/2/88 . RES. 88-132 - RESOLUTION SUPPORTING PROPO- SITION 70, THE CALIFORNIA WILDLIFE, COASTAL AND PARK LAND INITIATIVE, WHICH PLACES BEFORE THE VOTERS ON JUNE 7,1988, A BOND MEASURE TO PROVIDE FUNDING FOR PARKS AND RECREATIONAL DEVELOPMENT, RESTORATION, LAND ACQUISITION AND OTHER RELATED PURPOSES. (20) Council Member Estrada made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 88-132 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. . RES. 88-133 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 6413 EN- TITLED IN PART "RESOLUTION . . . ESTABLISH- ING A BAS IC COMPENSAT ION PLAN ." BY PROVIDING A PAY INCREASE FOR THE PART-TIME HEADS TART CLASSES OF TEACHER/DIRECTOR FROM $7.8600/HR. TO $8.2400/HR.; TEACHER FROM $7.2500/HR. TO $7.5400/HR.; TEACHER AIDE FROM $4.3400/HR. TO $4.5700/HR. AND TYPIST CLERK FROM $4.3400/HR. TO $4.5700/HR. EF- FECT IVE RETROACT I VE TO SEPTEMBER 1, 1987; AND BY PROVIDING A PAY INCREASE FOR THE PART-TIME POSITION OF SUMMER YOUTH SPECIA- LIST FROM $6.2500/HR. TO $7.5000/HR. (21) It was pointed out that the resolution has retro- active provisions because payment from the Federal Govern- ment has been slow in being received. Council Member Pope-Ludlam made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 88-133 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. . 27 5/2/88 . RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE AGREEMENT WITH REED, ROBERTS ASSOCI- ATES, INC., FOR UNEMPLOYMENT COMPENSATION CLAIMS ADMINISTRATION AND COST CONTROL SERVICES; TO CHANGE THE NAME FROM GAB BUSI- NESS SERVICES, INC., TO R. E. HARRINGTON, INC. AND TO EXTEND THE CONTRACT THROUGH DECEMBER 31, 1988. (22) Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be continued to May 16, 1988, in the Council Chambers of City Hall, 31J1J North "D" Street, San Bernar- dino, California. . RES. 88-134 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF AN IMPROVEMENT ASSESSMENT DISTRICT UNDER THE PROVISIONS OF THE MUNI- CIPAL IMPROVEMENT ACT OF 1913; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT UNDER SAID ACT, TO BE KNOWN AS "ASSESSMENT DISTRICT NO. 983"; AND SETTING AND DIRECTING PUBLICATION OF NOTICE OF A TIME AND DATE OF A PUBLIC HEARING. (24) Council Member Estrada made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 88-134 was adopted by the following vote: Ayes: Council Member Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 88-135 - A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF "I" STREET, SOUTH OF HIGHLAND AVENUE AND RE- SERVING AN EASEMENT FOR SANITARY SEWER AND APPURTENANT FACILITIES AND AN EASEMENT FOR PUBLIC UTILITIES THEREON. (25) Council Member Flores made a motion, seconded by Council Member Minor, that said resolution be adopted. . Resolution No. 88-135 was adopted by the fOllowing vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. 28 5/2/88 . RES. 88-136 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO TRI COUNTY OFFICIALS FOR THE FURNISHING AND DELIVERY OF UMPIRING SERVICES OF ADULT SOFTBALL IN ACCORDANCE WITH SPEC IF ICAT ION F-89-136. (26 ) Counc i 1 Member Flores made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 88-136 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. PROTEST HEARING - CONFIRMATION OF ASSESSMENTS - UNDERGROUND UTILITY DISTRICT NO. 9 - GOVERNMENT CENTER, FROM 3RD STREET TO 5TH STREET AND ARROWHEAD AVENUE TO SIERRA WAY This is the time and place set for a hearing to con- sider any protests regarding the confirmation of assess- ments for Underground Uti li ty Di str ict No. 9 loca ted be- tween the Government Center, from Third Street to Fifth Street, and Arrowhead Avenue to Sierra Way. (16) . In a memorandum dated April 12, 1988, Roger Hard- grave, Director of Public Works/City Engineer, presented the background of the establishment of Underground Utility District No.9. Mayor wilcox opened the hearing. Chris Saldecke, 355 S. Sierra Way, San Bernardino, gave the background of this issue, stating he had received a letter from the City indicating the requirement of the undergrounding of utilities, after which he had requested more information. About a year later Mr. Saldecke had a telephone conversation with Mr. Little, Real Property Engineer, who stated that the work needed to be done, and Mr. Saldecke stated that he would do the work, and pulled a permit. In the meantime, the City had given Marty's Electric a purchase order to do the work. Marty's Elec- tric, while working on Mr. Saldecke's property was asked by Mr. Saldecke's attorney to leave, as there was no in- surance coverage. Mr. Saldecke stated that in order issue, he was willing to split the costs was paid to Marty's Electric by the City. to finalize this of $725.1313 which . Mayor wilcox pointed out that Mr. Saldecke's property is the only parcel in Underground Utility District No.9. 29 5/2/88 . Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions, confirmed the cost of the assessment of $725, and described the work done by the contractor, which did not include completion of the job. Counc i 1 Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the hearing be closed and the cost of the assessment of $725.00 be split between the City and Mr. Saldecke. Deputy City Attorney Grace answered questions, stat- ing that she didn't think this action would set a prece- dent because of the uniqueness of the situation. READING AND WAIVING OF ORDINANCES Deputy Ci ty Clerk Reese read the ti tles of all the ordinances on the Agenda. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of all the ordinances on the Agenda be waived. . ORD. MC-624 - ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 2.70.060 TO THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR THE SALE OF FORFEITED PROPERTY. FINAL (27 ) Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, that said ordinance be adopted. Ordinance MC-624 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. ORD. MC-625 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 6.24.140 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FEES AND REPEALING SECTION 6.24.150 IN ITS ENT IRETY. (Animals) FINAL (28 ) Deputy City Attorney Grace answered questions regard- ing language in the ordinance. Council Member Miller made a Council Member Pope-Ludlam, that adopted. motion, seconded said ordinance by be . Ordinance MC-625 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. 30 5/2/88 . ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.72 OF THE SAN BERNAR- DINO MUNICIPAL CODE RELATING TO FLOOD CON- TROL MEASURES. (First) (29 ) Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that said ordinance be continued to May 16, 1988, in the Council Chambers of City Hall, 31J1J North "0" Street, San Bernar- dino, California. LEGISLATIVE REVIEW COMMITTEE REPORT - APRIL 21, 1988 - COUNCIL MEMBER REILLY Council Member Reilly, Chairman of Review Committee, gave the report of the view Committee meeting held on April 21, lowing items were discussed: the Legislative Legislative Re- 1988. The fol- (31 ) 1. Threshold for Discretionary Planning Department Ordinance Attorney's Office for Review; and Review - in City 2. Greenbelt Study Referred to Fire Commission with recommended approval by Fire Commission to Chairman Reilly. . The Committee received an oral report from the Planning Director which will be in- cluded in the General Plan and presented to the full Council as the Implementation Policies for Interim Land Use Decisions. Since this item was to be presented on April 22, 1988, the Committee took no fur- ther action on these two items. 3. Resolution Establishing a Standard Police for Public Access to Meetings of the Standing and Ad Hoc Committees of the Com- mon Council The Committee recommended acceptance of the recommended resolution. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carr ied, that the minutes of the Legislative Review Committee held April 21, 1988, be received and filed. . RES. 88-137 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO ESTABLISHING A STANDARD POLICY FOR PUBLIC ACCESS TO MEETINGS OF THE AD HOC COMMITTEES OF THE COMMON COUNCIL. (31 ) 31 5/2/88 . Deputy City Clerk Reese read the title of the resolu- tion. Council Member Pope-Ludlam made a motion, seconded by Council Member Minor and unanimously carried, that further reading of the resolution be waived and that said resolu- tion be adopted. Resolution No. 88-137 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 8234 ENTITLED IN PART "A RESOLUTION ESTABLISHING PARKING TIME LIMITATIONS UPON CERTAIN DES- IGNATED STREETS OR ALLEYS, OR PORTIONS THEREOF . "; AND CONVERT ING THIRTY -N INE PARKING SPACES IN PARKING DISTRICT LOT NO. 1 FROM A TWO-HOUR TO TWENTY-FOUR HOUR PARK- ING. (23) . In a memorandum dated April 7, 1988, Fred Wilson, Assistant to the City Administrator, referred to a request by the Vanir Development Company on behalf of their tenant, County of San Bernardino Department of Public Social Services (DPSS), to remove the two-hour time restriction for 39 spaces in Parking District Lot #1 adjacent to the Central City Building, 494 North "E" Street. It was indicated that the two hour parking restriction caused problems for clients because the appli- cation process generally took more than two hours and, as a result, the clients were forced to leave the building to move their vehicles or have parking fines imposed upon them. Mr. Wilson stated that the Central City Parking Place Sommission recommended converting the 39 parking spaces from two-hour parking to all day parking. Wayne Overstreet, Super intendent, Publ ic Bui Id ings, stated he had recommended that the City pursue three hour parking rather than all day parking because of the possi- bility of employees using those spaces. His recommenda- tion was overruled by the Commission. . Mr. Overstreet indicated that he was authorized and directed by the Common Council to dismiss any ticket re- ceived by a client of either of those two agencies. He stated that it appears to be more of an employee problem 32 5/2/88 . than a client problem. He explained that during the five years the agenc ies have been there, he had had only two clients complain about a parking ticket. Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be referred back to the Central City Parking Place Commission. COUNCIL PERSONNEL COMMITTEE REPORT - APRIL 21, 1988 - COUNCIL MEMBER REILLY Council Member Reilly, Chairman of the Council Per- sonnel Committee, presented the report of the Council Personnel Committee meeting held on April 21, 1988. The fOllowing items were discussed: (32) 1. Definition of Part-Time/Temporary Em- ployees by Civil Service - Item continued to second meeting in May. Personnel Direc- tor is waiting for a decision from PERS regarding the City's exclusion of Recrea- tion Aides and extra board Refuse Workers. Presently Library Aides and Crossing Guards are excluded. . 2. Split of Civil Services/Personnel - The Committee recommended leaving the Assistant Personnel Director position open and un- funded for a one-year budget period. Civil Service Commission representatives re- quested that posi tions of Secretary, Per- sonnel Analyst and Clerk from the existing Personnel staff be assigned to the Chief Examiner. The Committee, Acting City Ad- ministrator and Personnel Director recom- mended against it. After considerable discussion and at the recommendation of the Acting City Administrator and Personnel Director, the Committee recommended that a Clerk II position be upgraded to Secretary and that this posi tion be transferred to the Chief Examiner. This recommendation to be placed on the May 16th Agenda, will impact minimally and is agreeable to the Chief Examiner. A continuing, four-month study will be made by staff regarding the Civil Service Commission recommendation and any other options. . 33 5/2/88 . 3. Affirmative Action Goals (Quarterly Report) - The Committee recommended receipt and file of the Affirmative Action Quarter- ly Report, noting an excellent program and an updated version of the City's Affirma- tive Action Program. A summary report was attached. 4. Unit Change Police Lieutenants - Item continued. The Committee requested Attorney Grace to review their concern regarding pOlice personnel belonging to both the Management unit and the Police Officers Association. The attorney will report back at the next Committee meeting. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the minutes of the Personnel Committee meeting held April 21, 1988, be received and filed. COUNCIL MEMBER FLORES EXCUSED Council Member Flores left the Council Meeting. . INSTALLATION OF STORM DRAIN IN NORTHPARK BLVD. FROM MAYFIELD AVENUE TO ELECTRIC AVENUE - APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS - CONTINUED FROM APRIL 18, 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. (34 ) 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- nue, had been prepared and the project was ready to be advertised for bids. The estimated project cost is $103,500. Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the plans for installation of a 36-inch storm drain in North- park Boulevard, from Mayfield Avenue to Electric Avenue, in accordance with Plan No. 7465, be approved, and that the Director of Public Works/City Engineer be authorized to advertise for bids. . COUNCIL Council took his MEMBER FLORES Member Flores place at the RETURNED returned to the Counc il Table. Council Meeting and 34 5/2/88 . FIVE-LEVEL PARKING STRUCTURE - UPGRADING SIGNS AND STRIPING - REPORT OF BIDS In a memorandum dated April 19, 1988, Roger Hard- grave, 0 irector of Pub 1 ic Works/Ci ty Eng ineer, expla ined tha t one bid had been recei ved on thi s proj ect in the amount of $115,""'J0, which is 130% over the consulting engineer's estimate of $50,000.00. (35) Mr. Hardgrave stated that, based upon the lack of response and bid price received, it would not be advisable to re-advertise for bids. He attached a memorandum from Superintendent of Public Buildings Overstreet, dated April 18, 1988, recommending that the labor for this project be provided by a combination of resources. Mr. Hardgrave concurred with this recommendation. Wayne Overstreet, Superintendent of Public Buildings, answered questions, stating that the interior of the park- ing structure will be painted with a more reflective paint so that the structure will reflect more light. I t was suggested tha t the area used by the Maruko Hotel customers be painted first. . Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the bid received on April 4, 1988, for upgrading signs and striping in the five-level parking structure, in accor- dance with Plan No. 7452, be rejected; that the City Ad- ministrator be authorized to negotiate a reimbursement agreement with the Redevelopment Agency for the costs of upgrading the signs and striping in the five-level parking structure, estimated cost of $60,000.00; and that author- ization be granted to purchase the materials for upgrading the signs and striping in the five-level structure, and for the labor to be provided by the Conservation Corps temporary personnel and City forces. RECESS MEETING - FIVE MINUTE BREAK At 3: 50 p.m., the Regular Meeting of the Mayor and Common Council recessed for a five minutes break. RECONVENE MEETING At 4: 02 p.m., the Regular Meeti ng 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 Deputy City Clerk Reese with the following being present: Mayor Wilcox; Council Mem- bers Estrada, Reilly, Flores, Maudsley, Minor, Miller; Sr. 35 5/2/88 I . Assistant City Attorney Barlow, Deputy City Deputy City Administrator Robbins. Absent: ber Pope-Ludlam. Clerk Reese, Council Mem- RES. 88-138 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE QUITCLAIMING OF A RIGHT-OF-WAY TO FRANK AND MARGARET KOPMAN OVER A PORTION OF LOT 13, BLOCK 43, RANCHO SAN BERNARDINO. (S-l) (Located between Waterman Avenue and Pedley, south side of Sixth Street) Deputy City Clerk Reese read the title of the resolu- tion. Council Member Estrada made a motion, seconded by Counc il Member Re illy and unanimously carr ied, that fur- ther reading of the resolution be waived and that said resolution be adopted. Resolution No. 88-138 was vote: Ayes: Counc il Members Maudsley, Minor, Miller. Noes: Member Pope-Ludlam. adopted Estrada, None. by the following Reilly, Flores, Absen t : Counc i 1 . ALLOCATION OF FUNDS TO HISPANIC CHAMBER OF COMMERCE - CINCO DE MAYO FESTIVAL - URGENCY ITEM In a memorandum dated May 2, 1988, Council Member Estrada requested consideration of a request from the Inland Empire Hispanic Chamber of Commerce for funding to assist in the Cinco de Mayo festivities. It was con- sidered to be an urgency item due to the fact that Cinco de Mayo is at the end of this week. Sr. Assistant City Attorney Barlow answered questions regarding the urgency of the request. Council Member Estrada explained that the request from the Hispanic Chamber of Commerce had been submi tted to the Ways and Means Committee and had been recommended for funding. It was then submitted to the Fine Arts Com- mission for consideration for funding out of monies admin- istered by that group. The Fine Arts Commission felt that this request did not come under the definition of a fine arts event and sent it back to the Ways and Means Commit- tee with a request that the Committee review the possi- bility of alternate funding for events such as the Black History Parade and other promotional events that do not come under their definition of fine arts events. . 36 5/2/88 . Council Member Estrada stated there are funds avail- able in the special project fund that could be used now and be replaced once the matter is settled with the Fine Arts Commission. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, to consider the emergency item regarding funding for the Cinco de Mayo Festival. COUNCIL MEMBER POPE-LUDLAM RETURNED Counc il Member Pope-Ludlam returned to the Counc i 1 Meeting and took her place at the Council Table. Mayor wilcox stated that the Fine Arts Commission has asked the Council to set a policy regarding funding for events that are not interpreted as being cultural events. Deputy City Administrator Robbins answered questions. . Mayor Wilcox recommended that the Council set some kind of policy as a part of the overall plan for funding activities that play up the cultural differences of the various ethnic group and communities. She also sug- gested there is a need to establish some kind of guide- lines regarding the amounts to be allocated. Deputy City Administrator Robbins answered questions regarding the 1/2 of 1% that is collected from commercial developers. City Attorney Penman answered questions. Phil Arvizo, Executive answered questions regarding Cinco de Mayo Festival. Assistant previous to the funding Council, for the Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, to appro- priate $15,000 from Account No. 001-092-53030 for the Hispanic Chamber of Commerce for the Cinco de Mayo activi- ties, with the understanding that the money will be re- placed by the Fine Arts Commission when that process is changed and the procedure is set up for the funds to come back from the Fine Arts Commission for this purpose. COUNCIL MEMBER MINOR EXCUSED Council Member Minor left the Council Meeting. . The Mayor and Council discussed the waiver of fees for var ious permi ts and serv ices for the C inco de Mayo Festival. It was determined that the list of fees to be 37 5/2/88 --~ . waived is still being processed by the Parks, Recreation & Community Services Department. Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the waiver of fees for permits and services for the Cinco de Mayo Festival be continued to 9:00 a.m., Wednesday, May 4, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECESS MEETING - CLOSED SESSION At 4:30 p.m., Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the Regular Meeting of the Mayor and Common Council recess to a Closed Session as follows: To confer with its attorney regarding pending liti- gation pursuant to Government Code Section 54956.9(b) (1), as there is significant exposure to litigation; (39) To confer with its attorney regarding pending liti- gation pursuant to Government Code Section 54956.9(c), so that Council may decide whether to initiate litigation; (40 ) . 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: (41) City of San Bernardino vs. California Construction Management, Inc., et al - San Bernardino Superior Court Case No. 238755; Saldecke, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 236836; Cable Lakes - San Bernardino No. 239649; Associates vs. City of Super ior Court Case No. San Bernardino 238714 and Case City of Club, Inc. 239193; San Bernardi no vs. San Bernard i no Baseball San Bernardino Superior Court Case No. Wagoner, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 237168; Galindo, et al vs. City of San Bernardino, et al -San Bernardino Superior Court Case No. SCV 239959; . 38 5/2/88 . Barrett, Inc., vs. City of San Bernardino - San Ber- nardino Superior Court Case No. 222765; DeTinne vs. City of San Bernardino - San Bernardino Superior Court Case No. 214093; DeTinne vs. City of San Bernardino - San Bernardino Superior Court Case No. 235420; Kendall, et al vs. City of San Bernardino, et al -San Bernardino Superior Court Case No. 233233; Stubblefield Construction Company, et al vs. City of San Bernardino - San Bernardino Superior Court Case No. 232998; Workers Compensation: Michael Driver - 85 SBR 115192; Augustine Mayoral - 87 SBR 132784; Bryan Hagman - 86 SBR 126760-62 To consider personnel matters pursuant to Government Code Section 54957. (42) . CLOSED SESSION At 4: 30 p.m. by Mayor wi lcox Chambers of City dino, California. the Closed Session was called to order in the Conference Room of the Council Hall, 300 North "D" Street, San Bernar- 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 Clerk Reese, Deputy City Admin- istrator Robbins. RECESS CLOSED SESSION At 5:53 p.m., the Closed Session recessed to the Regular Meeting of the Mayor and Common Council in the Counc i 1 Chamber s of Ci ty Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 5: 53 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 Ca 11 was ta ken by following being present: Deputy City Clerk Reese with Mayor Wilcox; Council Mem- the 39 5/2/88 I . bers Estrada, Reilly, Flores, Maudsley, Minor, Pope-Lud- lam, Miller, Sr. Assistant City Attorney Barlow, Deputy City Clerk Reese, Deputy City Administrator Robbins. Absent: None. COMMUNITY DEVELOPMENT COMMISSION DISCUSSION The Mayor and Common Council, acting as the Redevel- opment Agency/Community Development Commission, discussed the status of the Executive Director of the Redevelopment Agency. RECESS MEETING - CLOSED SESSION At 6:37 p.m., Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the meeting recess to a Closed Session pur- suant to the following: 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; (39) . To confer with its attorney regarding pending litiga- tion pursuant to Government Code Section 54956.9 (c), so that Council may decide whether to initiate litigation. (40 ) 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: City of San Managemen t, I nc. , Case No. 238755; Bernardino vs. California Construction et al - San Bernardino Superior Court Sa1decke, et a1 vs. City of San Bernardino, et a1 - 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 Club, Inc. 239193; of San Bernardino vs. San Bernardino Baseball San Bernardino Superior Court Case No. Wagoner, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 237168; . Galindo, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. SCV 239959; 40 5/2/88 . Barrett, Inc., vs. City of San Bernardino - San Ber- nardino Superior Court Case No. 222765; DeTinne vs. City of San Bernardino - San Bernardino Superior Court Case No.2l4093; DeTinne vs. City of San Bernardino - San Bernardino Superior Court Case No. 235420; Kendall, et al vs. City of San Bernardino, et al -San Bernardino Superior Court Case No. 233233; Stubblefield Construction Company, et al vs. City of San Bernardino et al - San Bernardino Superior Court Case No. 232998; Workers Compensation: Michael Driver - 85 SBR 115192; Augustine Mayoral - 87 SBR 132784; Bryan Hagman - 86 SBR 126760-62. To consider personnel matters pursuant to Government Code Section 54957. (42) . CLOSED SESSION At 6:37 p.m., Mayor Wilcox called the Closed Session to order in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores Maudsley, Minor, Pope-Ludlam, Miller; Assistant City At- torney Brue, Deputy City Attorney Grace, Deputy City Ad- ministrator Robbins. Absent: Deputy City Clerk Reese. CITY ATTORNEY PENMAN ARRIVED At 6:43 p.m., City Attorney Penman arrived at the Closed Session. DIRECTOR OF RISK MANAGEMENT KIRWAN ARRIVED At 7:00 p.m., John Kirwan, Director of Risk Manage- ment arrived at the Closed Session. DEPUTY CITY CLERK REESE ARRIVED At 7:10 p.m., Deputy City Clerk Reese arrived at the Closed Session. . 41 5/2/88 . DEPUTY CITY CLERK REESE At 7: 15 p.m., Deputy Session. EXCUSED City Clerk left the Closed ADJOURN CLOSED SESSION At 7:24 p.m., the Closed Session adjourned to the Regular Meet i ng of the Mayor and Common Counc il in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 7:24 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 Deputy City Clerk with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, Deputy City Clerk Reese, Deputy City Administrator Robbins. Absent: None. . ADJOURN MEETING At 7:25 p.m., Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the meeting be adjourned to 9:00 a.m., on Wednesday, May 4, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (43 ) ;:f)~ f.et74-Qj Deputy City Clerk No. of Items: 65 No. of Hours: lO~ . 42 5/2/88