HomeMy WebLinkAbout07-18-1988 Minutes
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City of San Bernardino, California
July 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 9:133 a.m., on Monday, July 18, 1988, in the
Counci 1 Chambers of Ci ty Hall, 31313 North "0" Street, San
Bernardino, California.
INVOCATION
The Invocation was given by Dr. Thomas W. Hardick,
Senior Pastor, Central Christian Church.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Pro Tempore
Minor.
ROLL CALL
Roll Call was taken by Ci ty Clerk Clark wi th the
following being present: Mayor Wilcox; Council Members
Estrada, Reilly, Flores, Maudsley, Minor, Miller; Deputy
City Attorney Wilson, City Clerk Clark, Acting City Ad-
ministrator Robbins. Absent: Council Member Pope-Ludlam.
PROCLAMATION - PAT REGAN - SAN BERNARDINO
GRAND PRIX
Richard Bennecke, Executive Assistant to the Mayor,
read a proclamation of the Mayor of the City of San Ber-
nardino in support of the San Bernardino Grand Prix which
will be held in October, 1988. (A)
Pat Regan, Marketing Representative of Tri City Velo-
drome Sports Organization was present to accept the proc-
lamation.
PRESENTATION - SERVICE AWARDS
Mayor wilcox presented several employees with service
pins for their years of service with the City. (A)
APPOINTMENTS
There were no appointments.
(B)
OTHER BOARD/COMMISSION APPOINTMENTS
There were no other Board/Commission appointments.
(C)
PUBLIC COMMENTS - COMMON LAW
Francia Whi te, 231 "E" 9th
history of the Common Law of the
her freedom of speech under those
Street,
State of
rights.
spoke giving a
Cal i fornia and
(D)
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PUBLIC COMMENTS - NUISANCE - SOUTHERN
PACIFIC RAILROAD
Jack Pearlman, 2359 S. Gardena, expressed concern
about the noise and pollution in his neighborhood, caused
by the Southern Pacific Railroad. He stated that the
engines are running 24 hours a day, 7 days a week. (D)
Deputy City Attorney Wilson answered questions,
stating that Mr. Pearlman should address his complaints to
the Public Utilities Commission and that he will research
to see if the City has any recourse against the engines
being left constantly running and causing pollution.
PUBLIC COMMENTS - THE SWORD
A citizen identifying himself as the Sword, Comman-
der-in-Chief of the House of Ying, spoke against the
awarding of service pins to the City employees. He sug-
gested that the City give the Police Department a raise
instead. (D)
CITY ATTORNEY PENMAN ARRIVED
At 9:28 a.m., City Attorney Penman arrived at the
Council Meeting, and replaced Deputy City Attorney Wilson.
.
The Sword, Commander-in-Chief of the House of Ying,
announced his candidacy for the position of Mayor of the
City of San Bernardino.
He stated his intent to read from scripture for
thirty minutes at the next Council Meeting, regardless of
the five-minute limitation of comments from the general
public. He stated he will speak until he is finished or
arrested.
COUNCIL MEMBER POPE-LUDLAM ARRIVED
At 9:37 a.m., Council Member Pope-Ludlam arrived at
the Council Meeting and took her place at the Council
Table.
MEADOWBROOK AMATEUR BOXING ACADEMY -
AUTHORIZE APPROPRIATION FROM SPECIAL
PROJECTS ACCOUNT
In a memorandum dated July 6, 1988, Annie Ramos,
Director of Parks, Recreation & Community Services, stated
that continuing funding in the amount of $1,131313 is being
proposed to assist the Meadowbrook Amateur Boxing Academy
Inc. The academy leases a City facility and the $1,131313
appropriation will be used to cover operational costs such
as administrative expenses, traveling expenses and insur-
ance. (2)
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City Attorney Penman answered questions, stating that
the academy has been unable to attain insurance.
Council Member Flores made a motion, seconded by
Council Member Pope-Ludlam and unanimously carried, that
the request to authorize the appropriation of $1,000 from
the Special Projects Account to Non-Departmental Account
No. 001-091-53030 to support the Meadowbrook Amateur Box-
ing Academy, be continued to August 15, 1988, in the Coun-
cil Chambers of City Hall, 300 North "D" Street, San Ber-
nardino, California.
APPROVE COUNCIL MINUTES - MAY 18, 1988 -
JUNE 9, 1988 - JULY 5, 1988 - JULY 7, 1988 -
JULY 8, 1988 - JULY 11, 1988
Council Member Pope-Ludlam made a motion, seconded by
Council Member Flores and unanimously carried, that the
minutes of the meetings of the Mayor and Common Council of
the City of San Bernardino held on May 18, 1988, June 9,
1988, July 5, 1988, July 7, 1988, July 8, 1988, and July
11, 1988, be approved as submitted in typewritten form.
(1)
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STREET NAME CHANGE - BRIER DRIVE TO
JOE BRIER DRIVE
In a memorandum dated June 23, 1988, Roger Hardgrave,
Director of Public Works/City Engineer, stated that a
request had been received from the Redevelopment Agency,
to change the name of Brier Drive, between Carnegie Drive
and Tippecanoe Avenue, to Joe Br ier Dr i ve. There were
numerous businesses that opposed the proposal due to the
costs of reprinting stationery, envelopes, and other
office supplies that bear the businesses' addresses.
(3)
Council Member Pope-Ludlam made a motion, seconded by
Council Member Flores and unanimously carried, that pro-
ceedings on the proposed street name change of Brier Drive
to Joe Br ier Dr i ve be closed, and the request to rename
the street be denied.
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STREET VACATION - PORTION OF "I" ST.,
NORTHWEST OF INLAND CENTER DRIVE -
FINDING OF NEED FOR HEALTH AND SAFETY
REASONS
In a memorandum dated June 23, 1988, Roger Hardgrave,
Director of Pub 1 ic Works/Ci ty Eng ineer, stated that the
alley proposed for vacation located northeast of "I"
Street, northwest of Inland Center Drive, Plan No. 7426,
is an unimproved alley and a potential hazard due to the
lack of maintenance and proper policing. (4)
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Council Member Pope-Ludlam made a motion, seconded by
Council Member Flores and unanimously carried, that a
finding be made that the vacation of a portion of that
certain alley northeast of "I" Street, northwest of Inland
Center Drive, is needed for health and safety reasons.
STREET VACATION - PORTION OF MEYERS ROAD,
WEST OF LITTLE LEAGUE DRIVE - FINDING OF
NEED FOR HEALTH AND SAFETY REASONS
In a memorandum dated June 22, 1988, Roger Hardgrave,
Director of Public Works/City Engineer, presented back-
ground information regarding the proposed street vacation
of old Meyers Road, Plan No. 7090. It was stated that the
al ignment of old Meyers Road is not in accordance wi th
current standards and would be too expensive to bring to
an acceptable level. The road as it currently exists, is
narrow and winding with substantial deterioration of
asphalt in numerous places. (5)
Council Member Pope-Ludlam made a motion, seconded by
Council Member Flores and unanimously carried, that a
finding be made that the vacation of a portion of Meyers
Road, west of Little League Drive, is needed for health
and safety reasons.
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INSURANCE - SPECIAL EVENTS COVERAGE PROGRAM
In a memorandum dated July 8, 1988, John Kirwan,
Director of Risk Management presented a Special Event
Liability Insurance Program. The program is specifically
tailored to provide general liability insurance for
individuals, groups, organizations, and associations when
they rent City properties and facilities to conduct
events. (6)
Council Member Pope-Ludlam made a motion, seconded by
Council Member Flores and unanimously carried, that the
Mayor and Common Council approve the purchase of a Special
Events Liability POlicy for the tenants and users of City
property.
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SET PUBLIC HEARING - FEE CHARGES - USE OF
PARKS AND RECREATION FACILITIES
Pursuant to a memorandum dated July 8, 1988, from
Annie Ramos, Director of Parks, Recreation and Community
Services, Council Member Pope-Ludlam made a motion,
seconded by Council Member Flores and unanimously carried,
that a public hearing relative to proposed fee charges for
use of Parks and Recreation facilities be set for 9:30
a.m., August 15, 1988, in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
(7)
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SET HEARING - APPEAL - BOARD OF BUILDING
COMMISSIONERS' DECISION - DEMOLITION -
1650 NORTH "J" STREET - NELSON KRUGER
In a letter, dated July 6, 1988, Nelson Kruger
appealed the order of abatement of a publ ic nUl sa nee
located at 1650 North "J" Street, as he intends to bring
the property up to code within the next few months.
(8 )
Council Member Pope-Ludlam made a motion, seconded by
Counci 1 Member Flores and unan imous ly carr ied, that the
appeal filed by Nelson Kruger on the Board of Building
Commissioner's decision to order the abatement of a public
nuisance at 1650 North "J" Street, be set for hearing on
August 15, 1988, at 10:00 a.m., in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino,
California.
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SET HEARING - APPEAL - BOARD OF BUILDING
COMMISSIONERS' ORDER OF ABATEMENT -
1199 W. BELLEVIEW - FELIPE B. MARTINEZ
In a letter dated July 6, 1988, Felipe B. Martinez,
1199 W. Belleview, appealed the Board of Building Commis-
sioners' decision to order the abatement of property
located at 1199 W. Be11eview, as the property is to go
into escrow and be sold "as is". (9)
Counc i 1 Member Pope-Ludlam made a motion, seconded
by Council Member Flores and unanimously carried, that the
appeal filed by Felipe B. Martinez on the Board of
Building Commissioner's decision to order the abatement of
a public nuisance at 1199 W. Belleview, be set for hearing
on August 15, 1988, at 10:00 a.m., in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino,
Cal ifornia.
APPROVE BOARD OF BUILDING COMMISSIONERS'
RESOLUTIONS
Council Member Pope-Ludlam made a motion, seconded by
Council Member Flores and unanimously carried, that the
following Board of Building Commissioners' resolutions be
filed: (10)
BBC 1211
BBC 1212
BBC 1213
BBC 1214
Gerald & Rita Inman
David Hatfield
James palmieri
L.D. Gustafson
625 S. Mt. View
5055 David Way
230 E. Dumas St.
1575 Citrus
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CLAIMS AND PAYROLL
In a memorandum dated June 29, 1988, Andrew M. Green,
Acting Director of Finance, set forth the register of
demands dated June 23, 1988, and June 27, 1988, and the
total gross payroll for the period June 6, 1988, through
June 19, 1988. (11)
Council Member Pope-Ludlam made a motion, seconded by
Council Member Flores and unanimously carried, that the
claims and payroll listed in the memorandum dated June 23,
1988, from Andrew M. Green, Acting Director of Finance, be
approved.
PERSONNEL ACTIONS
In a memorandum dated July 5, 1988, Gordon Johnson,
Director of Personnel, submitted personnel actions in
accordance with all administrative regulations of the City
of San Bernardino. (12)
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Council Member Pope-Ludlam made a motion, seconded by
Council Member Flores and unanimously carried, that with
the exception of the last page, dated July 7, 1988, con-
cerning Building and Safety Department appointments, the
Personnel Actions submitted by the Director of Personnel,
in his memorandum dated July 5, 1988, be approved. (See
Page 46 )
APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS'
ORDER OF ABATEMENT - 1558 N. COLORADO STREET -
COLERIDGE BROWNE
This is the time and place set for an appeal hearing
requested by COleridge Browne, owner of property located
at 1558 N. Colorado Street, concerning the order of abate-
ment of the property, made by the Board of Building Com-
missioners. (13)
Mayor wilcox opened the hearing.
Mark Sutton, Director of Building & Safety, provided
a history and pictures of public nuisances on the pro-
perty. The pictures were taken on the morning of July 18,
1988, and showed an accumulation of debris on the pro-
perty.
He answered questions, stating that the property was
occupied. He pointed out an amendment made to his staff
report dated July 12, 1988, which noted that administra-
tion fees of $268.78 had been paid as of May, 1988, and
the total fees now due regarding the property are $327.56.
He stated that the appeal was based upon the charges due.
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Sharon Brown, a spokesperson for Neighborhood Watch
in California Gardens, complained about the condition of
this piece of property and others owned by Mr. Coleridge
Browne at 1556 and 1380 N. Colorado Street with regard to
rodents and debris. She requested that he take neighbor-
ing residents into consideration when renting out his
properties.
Coleridge Browne, appellant, stated that the fees
charged by the City are excessive. He has attempted to
keep the property cleaned up since he moved out of town
approximately 18 months ago. When he lived there, he ran
an appliance repair business out of a workshop in the
garage and people continue to drop off old appliances,
thinking he is still in business. He stated he feels he
is being harassed.
He answered questions,
debr is is from his tenants,
requirements to abide by.
stating that some of the
who are given the Section 8
The Director of Building & Safety answered questions
regarding the pictures of the property.
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Council Member Reilly made a motion, seconded by
Council Member Minor and unanimously carried, that the
hearing be closed; that the Board of Building Commission-
er's decision to have the property liened for costs in-
curred of $327.56, be affirmed.
PUBLIC HEARING - PROGRAM EXPANSION PROPOSAL -
FEE ADJUSTMENTS - PLANNING DEPARTMENT
Council Member Minor made a motion, seconded by Coun-
cil Member Maudsley and unanimously carried, that the
public hearing concerning a program expansion proposal and
fee adjustments for the Planning Department, be continued
to August 1, 1988, at 9:30 a.m. in the Council Chambers of
City Hall, 300 North "0" Street, San Bernardino, Cali-
fornia. (14)
PUBLIC HEARING - PROGRAM EXPANSION PROPOSAL -
FEE ADJUSTMENTS - PUBLIC WORKS DEPARTMENT
Council Member Flores made a motion, seconded by
Council Member Reilly and unanimously carried, that the
public hearing concerning a program expansion proposal and
fee adj ustments for the Publ ic Works Department, be con-
tinued to August 1, 1988, at 9:30 a.m. in the Council
Chambers of City Hall, 300 North "0" Street, San Bernar-
dino, California. (15)
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READING AND WAIVING OF RESOLUTIONS ON REGULAR
AND SUPPLEMENTAL AGENDAS
Shauna Clark, ci ty Clerk, read the ti tles of all of
the resolutions on the Regular and Supplemental Agendas.
Council Member Flores made a motion, seconded by
Council Member Maudsley and unanimously carried, that
further reading of the resolutions be waived.
APPEAL HEARING - REMOVAL OF TREES - 696 S.
TIPPECANOE AVENUE - WILLIAM D. LAMBERTH
This is the time and place set for an appeal hearing,
requested by William D. Lamberth, concerning the removal
of eight Chinaberry trees located in the City right-of-way
at 696 S. Tippecanoe Avenue, as requested by the Uni ted
States Air Force to alleviate a sight obstruction. (16)
In July, 1985, Tree Removal Permit No. 3-85 was
issued to the United States Air Force, Norton Base, for
removal of the trees as requested to enable the construc-
tion of a light tower for the safety of aircraft. Con-
struction of the tower was not started by the U. S. Air
Force, and the permit became invalid.
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On April 29, 1988, a request was received from the
U. S. Air Force for a permi t to remove the trees, as they
present a visual navigation hazard for aircraft. Tree
Removal Permit No. 1-88 was issued May 12, 1988.
In a letter dated May 25, 1988, Oland Klein, Main-
tenance Supervisor/Street Trees, notified Manuel Moreno,
Jr., Director of Public Services, that he had been advised
that the administrator of the property at 696 S. Tippe-
canoe Avenue obj ects to the removal of trees on the pro-
perty. He stated that he had verified with the City's
Real Property Specialist that the trees are located in the
City's right-ot-way.
In a letter dated May 26, 1988, the Director of Pub-
lic Serv ices noti f ied the admini stra tor of the property,
Mr. Lamberth, of his appeal rights concerning the removal
of the trees.
In a letter dated June 1, 1988, William D. Lamberth,
administrator of the estate of his mother, Bessie Lam-
berth, protested the removal of the trees. He stated that
they provided little, if any, visual navigational hazard
for aircraft, that their removal could increase the pos-
sibility of aircraft striking the power lines which are in
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close proximity of the trees, that they serve as a buffer
for the brightness of the navigational lights for the
neighboring properties, that he could find no recorded
public right-of-way or easement for the property, and that
the property's value has already decreased due to the
noise and zoning restrictions.
Mayor wilcox opened the hearing.
will iam D. Lamberth, the executor of his mother's
estate which includes the property at 696 S. Tippecanoe
Avenue, reiterated the reasons listed in his letter of
June 1, 1988, for his appeal against the removal of the
trees. He stated the property is not in a vacant neigh-
borhood, as his sister lives at 717 S. Tippecanoe. He
provided pictures of the trees.
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Tom Calhoun, representing the United States Air Force
as a Community Planner and Contract Programmer, answered
questions, describing the plan of action of the Air Force
to reduce risk of accidents in the area. He stated that
the safety factors and risk assessments have shown the
need for a clear approach, with no obstruction of the
approach lights. Plans have been made to remove the
electr ical util i ty poles from the approach fl ight clear-
ance band.
Mr. Lamberth suggested that the trees could be re-
moved when the utility poles are moved.
Mr. Calhoun described the visual obstruction of the
last two light bars by the trees, and the need for full
clearance for pilots operating in marginal weather con-
ditions. He answered questions, stating that the study
was conducted by pilots.
Mr. Lamberth answered questions, stating that the
trees set back eight feet from the edge of the street. In
reviewing the title of the property, he found no easement
on the east side.
City Attorney Penman answered questions regarding the
City's liability in this matter as notification has been
made by the Air Force of the accident potential caused by
the trees.
Council Member Minor made a motion, seconded by Coun-
cil Member Reilly and unanimously carried, that the hear-
ing be closed.
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City Attorney Penman answered questions, stating that
the Mayor and Common Council have the right to authorize
the removal of the trees. Mr. Lamberth has the right to
take the matter to the courts to challenge the City's
authority, and to try to prove that the safety hazard does
not exist.
Council Member Flores made a motion, seconded by
Council Member Pope-Ludlam and unanimously carried, that
the appeal be denied, and that authorization be given to
issue permits to remove the trees.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council Meeting.
PROTEST HEARING - STREET VACATION - PORTIONS OF
OLIVE AVENUE, OHIO AVENUE AND PINE AVENUE
This is the time and place set for a protest hearing
concerning the vacation of portions of Olive Avenue, north
of Ohio Avenue; Ohio Avenue, between Olive Avenue and Pine
Avenue; and pine Avenue, north of Belmont Avenue, in order
to bring the street widths to 60 feet and into conformance
with the Verdemont Area Plan. (17)
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Mayor wilcox opened the hearing.
City Clerk Clark answered questions regarding public
notice of the protest hearing.
No protests have been filed.
RES. 88-250 - A RESOLUTION OF THE CITY OF SAN
BERNARDINO ORDERING THE VACATION OR PORTIONS
OF THE EAST SIDE OF OLIVE AVENUE NORTH OF
OHIO AVENUE, THE NORTH AND SOUTH SIDES OF
OHIO AVENUE BETWEEN OLIVE AVENUE AND PINE
AVENUE, AND THE WEST SIDE OF PINE AVENUE
NORTH OF BELMONT AVENUE AND RESERVING AN
EASEMENT FOR PUBLIC UTILITIES THEREIN. (17)
Council Member Minor made a motion, seconded by Coun-
cil Member Miller and unanimously carried, that the hear-
ing be closed and the Findings of Fact as set forth in the
Staff Report from Roger Hardgrave, Director of Public
Works/Ci ty Eng ineer, as to why portions of 01 i ve Avenue
north of ohio Avenue, Ohio Avenue between Olive Avenue and
pine Avenue, and pine Avenue north of Belmont Avenue are
no longer necessary for street purposes, be adopted; and
that said resolution be adopted.
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Resolution No. 88-250 was
vote: Ayes: Counc il Members
Maudsley, Minor, Miller. Noes:
Member Pope-Ludlam.
adopted by the following
Estrada, Reilly, Flores,
None. Absen t: Counc il
COUNCIL MEMBER POPE-LUDLAM RETURNED
Council Member Pope-Ludlam returned
Meeting and took her place at the Council
to the Counc i 1
Table.
MOMENT OF SILENCE - PENNY COLE
Mayor Wilcox announced that Penny Cole, the wife of
Richard Cole, Planning Commissioner, had passed away.
The Mayor and Common Council observed a moment of
silence in memory of Penny Cole, who was active in civic
affairs.
Council Member Flores made a motion, seconded by
Council Member Reilly, that the following resolutions be
adopted:
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RES. 88-251 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND OMEGA CLAIMS SERVICES,
INC., RELATING TO SURVEY OF WORKER'S COMPEN-
SATION PROCEDURES AND RECOMMENDATIONS FOR
IMPROVEMENT OF SUCH PROCEDURES. (18)
Council Member Flores made a motion, seconded by
Council Member Reilly and unanimously carried, that the
agreement of Omega Claims Services, Inc. for an audit and
survey of Workers' Compensation procedures and recommenda-
tions, not exceed the sum of $3,000.
RES. 88-252 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDING AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND BRENDA JO RICE. (19)
RES. 88-253 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDING AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND EASTER SEAL SOCIETY AND
INLAND AREA HEAD INJURY SUPPORT GROUP. (21)
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RES. 88-254 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDING AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND BETHLEHEM HOUSE (BATTERED
WOMEN'S SHELTER). (22)
Resolution Nos. 88-251, 88-252, 88-253 and 88-254
were adopted by the following vote: Ayes: Council Mem-
bers Estrada, Reilly, Flores, Maudsley, Minor,
Pope-Ludlam, Miller. Noes: None. Absent: None.
LEASE OF CITY PROPERTY - YWCA - SUBLEASE OF
PROPERTY BY THE YWCA TO TEDDY BEAR TYMES
CHILD CARE CENTER, INC.
RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING AND DIRECTING THE EXECUTION OF A
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND TEDDY BEAR TYMES CHILD CARE CENTER, INC. (20)
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James Penman, City Attorney, explained the background
of a lease agreement between the City and the YWCA, which
was later discovered to have not been signed by the YWCA.
The YWCA subleased a portion of the City-owned facility to
Teddy Bear Tymes Child Care Center, Inc. He stated that
the YWCA has decl ined to sign a new lease agreement wi th
the City, which means they are occupying the building
wi thout author i ty and the sublease wi th Teddy Bear Tymes
Child Care, Inc. is invalid.
Shauna Clark, City Clerk, answered questions, stating
that research is being conducted to assure there are no
further unsigned agreements on file. She suggested that
the City Attorney add wordage to agreements to make them
null and void if not signed wi thin three months after
approval by Mayor and Common Council.
She further stated that the sublease by Teddy Bear
Tymes Child Care, Inc. is a separate issue from the lease
with the YWCA.
Discussion ensued regarding the separate entities of
the YWCA and Teddy Bear Tymes Child Care, Inc.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council Meeting.
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Ken Henderson, Director of Community Development,
answered questions regarding serVices offered by Teddy
Bear Tymes Chi ld Care, Inc. and the use of the requested
grant funding. He explained regulations and restrictions
under which the child care facility operates.
Council Member Miller
Council Member Minor, that
resolution of the lease with
made a motion, seconded by
the grant be continued until
the YWCA.
The motion
Council Members
Council Members
Pope-Ludlam.
carried by the
Estrada, Flores,
Reilly, Maudsley.
following vote:
Minor, Miller.
Absent: Council
Ayes:
Noes:
Member
RECESS MEETING
At 10:58 a.m., Mayor wilcox called for a five-minute
recess of the meeting.
RECONVENE MEETING
At 11: 10 a.m., Mayor wilcox called the meeting to
order in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
.
ROLL CALL
Roll Call was taken by Ci ty Clerk Clark with the
fOllowing being present: Mayor Wilcox; Council Members
Estrada, Reilly, Flores, Maudsley, Minor, Miller; Senior
Assistant City Attorney Barlow, City Clerk Clark, Acting
City Administrator Robbins. Absent: Council Member Pope-
Ludlam.
PRESENTATION - VETERANS' OF FOREIGN WARS -
CERTIFICATE OF APPRECIATION - POLICE CHIEF
DONALD BURNETT
Dan Kalish and Russell Covington of VFW Post 8737
presented Donald Burnett, Chief of Police, with a Certi-
ficate of Appreciation in recognition of him being an
outstanding law enforcement officer. (A)
Chief Burnett was present to accept the certificate
and thanked the personnel of the Pol ice Department for
their service.
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COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT
AGENCY - REGULAR MEETING
The Regular Meeting of the Community Development
Commission/Redevelopment Agency was called to order by
Chairman Wilcox in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California. (See Page
3g
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PUBLIC COMMENTS - BATTERED WOMEN AND THE
HOMELESS
Susan Smith, a social worker, spoke regarding ser-
vices for battered women and the homeless in the City.
(R-A)
RES. 88-255 - A RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO,
RELATING TO PLANNING SERVICES. (R-10)
City Clerk Clark read the title of the resolution.
Council Member Flores made a motion, seconded by
Council Member Estrada, that further reading of the reso-
lution be waived and that said resolution be adopted.
Resolution No. 88-255 was
vote: Ayes: Council Members
Maudsley, Minor, Mi ller. Noes:
Member Pope-Ludlam.
adopted by the following
Estrada, Reilly, Flores,
None. Absen t: Counc i 1
.
RES. 88-256 - A RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A
FIRST AMENDMENT TO LEASE AGREEMENT WITH THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BER-
NARDINO RELATING TO THE LEASE OF SPACE IN
CITY HALL, AND REPEALING RESOLUTION NO. 87-
442. (R-lla)
City Clerk Clark read the title of the resolution.
Senior Assistant City Attorney Barlow answered ques-
tions, stating that the agreement can be amended at a
later date.
Council Member Estrada made a motion, seconded by
Council Member Flores, that further reading of the reso-
lution be waived and that said resolution be adopted.
Resolution No. 88-255 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 made a motion, seconded by
Council Member Miller, that the following resolutions be
adopted:
.
14
7/18/88
.
RES. 88-257 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDING AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND PROVISIONAL EDUCATIONAL
SERVICES, INC., (PROJECT EARLY OUTREACH). (23)
RES. 88-258 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDING AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND HIGHLAND DISTRICT COUNCIL
ON AGING,INC., (SENIOR PROGRAM). (24)
RES. 88-259 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDING AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND SAN BERNARDINO NEIGHBOR-
HOOD HOUSING SERVICES (NHS). (25)
.
RES. 88-260 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDING AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND BOYS AND GIRLS CLUB OF SAN
BERNARDINO. (26)
RES. 88-261 - RESOLUT ION OF THE CITY OF
BERNARDINO APPROVING THE DESTRUCTION OF
TAIN RECORDS BY THE CITY CLERK'S OFFICE.
SAN
CER-
(27)
RES. 88-262 - RESOLUTION OF THE CITY OF SAN
BERNARDINO IMPOSING A LIEN ON A CERTAIN PAR-
CEL OF REAL PROPERTY LOCATED WITHIN THE CITY
OF SAN BERNARDINO FOR THE COSTS OF THE ABATE-
MENT OF A PUBLIC NUISANCE. (630 N. MT. VER-
NON). (28)
Resolution Nos. 88-257, 88-258, 88-259, 88-260,
88-261 and 88-262 were adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Flores, Maudsley,
Minor, Miller. Noes: None. Absent: Council Member
Pope-Ludlam.
RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH THE SAN BERNARDINO CIVIC LIGHT OPERA
ASSOCIATION FOR THE PROMOTION OF ARTS AND
CULTURE. (30)
.
15
7/18/88
r
.
Discussion ensued regarding the amount of the funding
to the Civic Light Opera needs to be amended to $20,000,
instead of $14,000 as reflected in the present agreement.
Council Member Flores made a motion, seconded by
Council Member Reilly, that said resolution be adopted as
amended by changing the amount of the funding to $20,000
instead of $14,000.
The resolution was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Flores, Maudsley,
Minor, Miller. Noes: None. Absent: Council Member
Pope-Ludlam. (This resolution was later reconsidered and
continued - See Page 17)
Council Member Flores made a motion, seconded by
Council Member Reilly, that the following resolutions be
adopted:
.
RES. 88-263 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION NO. 88-88
AUTHORIZING THE DIRECTOR OF PARKS, RECREATION
AND COMMUNITY SERVICES DEPARTMENT TO MAKE
APPLICATION FOR AND ACCEPT A GRANT FROM
"ACTION" IN THE AMOUNT OF $179,488 FOR THE
SENIOR COMPANION PROGRAM FOR THE PERIOD OF
JULY 1, 1988 THROUGH JUNE 30, 1989. (31)
RES. 88-264 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO BRENTON LEE
RHOADES FOR CONSTRUCTION OF A STORM DRAIN IN
NORTH PARK BOULEVARD BETWEEN MAYFIELD AVENUE
AND ELECTRIC AVENUE. (32)
RES. 88-265 - RESOLUTION OF THE CITY OF SAN
BERNARDINO CONFIRMING THE 1988-89 ASSESSMENT
ROLL FOR THE 1984-1 IMPROVEMENT PROJECT UNDER
CHAPTER 27 OF THE IMPROVEMENT ACT OF 1911. (33)
RES. 88-266 - RESOLUTION OF THE CITY OF SAN
BERNARDINO CONFIRMING THE 1988-89 ASSESSMENT
ROLL FOR ASSESSMENT DISTRICT NO. 965, FOR THE
IMPROVEMENT OF LASSEN STREET, NORTH OF BASE-
LINE STREET IN THE CITY OF SAN BERNARDINO. (34)
RES. 88-267 - RESOLUTION OF THE CITY OF SAN
BERNARDINO CONFIRMING THE 1988-89 ASSESSMENT
ROLL FOR ASSESSMENT DISTRICT NO. 966, FOR THE
IMPROVEMENT OF DALEY CANYON ROAD, EASTERLY OF
CHIQUITA LANE IN THE CITY OF SAN BERNARDINO. (35)
.
16
7/18/88
.
Resolution Nos. 88-263, 88-264, 88-265, 88-266 and
88-267 were ado~ted by the following vote: Ayes: Council
Members Estrada, Reilly, Flores, Maudsley, Minor, Miller.
Noes: None. Absent: Council Member Pope-Ludlam.
RECONSIDERATION OF RESOLUTION - AGREEMENT -
SAN BERNARDINO CIVIC LIGHT OPERA ASSOCIATION
Council Member Estrada made a motion, seconded by
Counc il Member Miller and unanimously carr ied, that the
resolution concerning an agreement with the San Bernardino
Civic Light Opera Association, be reconsidered. (See Page
15) (313)
The Mayor and Common Council noted that the Fine Arts
Commission minutes reflect that the proposed funding is to
be repaid to the Ci ty. The proposed agreement for the
funding makes no mention of repayment of the funds.
Council Member Minor made a motion, seconded by Coun-
cil Member Estrada and unanimously carried, that the reso-
lution regarding funding to the Civic Light Opera be con-
tinued to later in the meeting. (See Page 43)
.
Council Member Flores made a motion, seconded by
Council Member Miller, that the following resolutions be
adopted:
RES. 88-268 - RESOLUTION OF THE CITY OF SAN
BERNARDINO APPROVING THE FINAL MAP FOR SUB-
DIVISION TRACT NO. 13389, LOCATED APPROXI-
MATELY 16513 FEET SOUTH OF THE CENTER LINE OF
MILL STREET AND EAST SIDE OF MERIDIAN AVENUE,
ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH
ON SAID MAP; AND AUTHORIZING EXECUTION OF THE
STANDARD FORM OF AGREEMENT FOR THE IMPROVE-
MENTS IN SAID SUBDIVISION, WITH TIME FOR
PERFORMANCE SPECIFIED. (36)
RES. 88-269 - RESOLUT ION OF THE CITY OF SAN
BERNARDINO APPROVING THE FINAL MAP FOR SUB-
DIVISION TRACT NO. 12974, LOCATED APPROXI-
MATELY 16513 FEET SOUTH OF THE CENTER LINE OF
MILL STREET AND EAST SIDE OF MERIDIAN AVENUE,
ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH
ON SAID MAP; AND AUTHORIZING EXECUTION OF THE
STANDARD FORM OF AGREEMENT FOR THE IMPROVE-
MENTS IN SAID SUBDIVISION, WITH TIME FOR
PERFORMANCE SPECIFIED. (37)
.
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7/18/88
.
RES. 88-270 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A
PIPELINE LICENSE AGREEMENT WITH ATCHISON,
TOPEKA AND SANTA FE RAILWAY COMPANY RELATING
TO THE RELIEF SEWER IN MILL STREET EAST OF
LYTLE CREEK. (38)
RES. 88-271 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZ ING THE EXECUTION OF AN
AGREEMENT WITH MOFFATT & NICHOL, ENGINEERS
RELATING TO THE ENGINEERING DESIGN OF WIDEN-
ING OF SOUTH "E" STREET BRIDGE OVER THE SANTA
ANA RIVER. (39)
RES. 88-272 - RESOLUT ION OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO HAAKER
EQUIPMENT COMPANY FOR THE FURNISHING AND
DELIVERY OF THE AUTOMATED REFUSE TRUCKS (3
EACH), IN ACCORDANCE WITH SPECIFICATION
F-88-15. (40)
Acting City Administrator Robbins answered questions
regarding the use of the equipment.
.
RES. 88-273 - RESOLUTION OF THE MAYOR AND
COMMON COUNCIL, CITY OF SAN BERNARDINO,
ACCEPTING A QUITCLAIM DEED FROM FORECAST
MORTGAGE CORP., A CALIFORNIA CORPORATION FOR
A PARCEL OF LAND AND DEDICATING SAID PARCEL
FOR WATER DEPARTMENT USE. (41)
Resolution Nos. 88-268, 88-269, 88-270, 88-271,
88-272 and 88-273 were adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Flores, Maudsley,
Minor, Miller. Noes: None. Absent: Council Member
Pope-Ludlam.
RES. 88-274 - RESOLUTION OF THE MAYOR AND
COMMON COUNCIL, CITY OF SAN BERNARDINO,
APPROVING A QUITCLAIM DEED TO THREE COUNTY
PROPERTIES, LTD. FOR THE EASEMENT RIGHTS FOR
PIPELINES AND RIGHT-OF-WAYS INSOFAR AS SAID
EASEMENTS AFFECT ASSESSORS PARCEL NUMBER
261-141-004. (42)
Bernie Kersey, Director of Administration & Finance
for the Water Department, answered questions regarding the
township of Irvington now being within the City limits of
San Bernardino. The deed contains the verbage used in the
original deed dated 1883.
.
18
7/18/88
.
Council Member Flores made a motion, seconded by
Council Member Miller, that said resolution be adopted.
Resolution No. 88-274 was
vote: Ayes: Council Members
Maudsley, Minor, Miller. Noes:
Member Pope-Ludlam.
adopted by the fOllowing
Estrada, Reilly, Flores,
None. Absent: Council
ORDINANCE OF THE CITY OF SAN BERNARDINO ADD-
ING CHAPTER 8.90 TO THE SAN BERNARDINO MUNI-
CIPAL CODE RELATING TO THE PROHIBITION OF THE
SALE OF BRANDISHING OF REPLICA OR FACSIMILE
FIREARMS. (Continued from 6/20/88). (43)
City Clerk Clark read the title of the ordinance.
Council Member Flores made a motion, seconded by
Counc il Member Miller and unanimously carr ied, that fur-
ther reading of the ordinance be waived and that said
ordinance be tabled until the State takes action in the
matter.
.
ORDINANCE OF THE CITY OF SAN BERNARDINO RE- FIRST
ZONING FOUR PARCELS OF LAND, AMENDING THE
LAND USE ZONING MAP, WHICH IS INCORPORATED BY
REFERENCE IN SECTION 190.06.020 OF THE SAN
BERNARDINO MUNICIPAL CODE (PETITION NO. 88-2
LOCATED ON THE NORTHWEST CORNER OF VICTORIA
AVENUE AND MARSHALL BOULEVARD), AND ADOPTING
THE NEGATIVE DECLARATION FOR ENVIRONMENTAL
REVIEW. (44)
City Clerk Clark read the title of the ordinance.
Council Member Miller made a motion, seconded by
Council Member Reilly and unanimously carried, that fur-
ther reading of the ordinance be waived.
Senior Assistant City Attorney Barlow answered ques-
tions, stating that the amount of acreage listed in the
ordinance is incorrect and should be omitted.
Council Member Miller
Council Member Reilly, that
for final passage as amended
acreage listed as 2,101.
made a motion, seconded by
said ordinance be laid over
by deleting the amount of the
.
19
7/18/88
.
REIMBURSEMENT OF PARK DEVELOPMENT FEES -
ROBERTSON HOMES - INDIAN CREEK PROJECT -
TENTATIVE TRACT 12896 - CONTINUED FROM
JULY 5, 1988
This is the time
deration of approving
ment Fees of $31,750
Indian Creek Project,
State College area.
and place continued
the reimbursement of
to Robertson Homes,
Tentative Tract No.
to for consi-
Park Develop-
developer of
12896 in the
(45)
Acting City Administrator Robbins answered questions,
stating that the bond for the project has not yet been
received.
Council Member Minor made a motion, seconded by Coun-
cil Member Reilly and unanimously carried, that the matter
concerning the reimbursement of Park Development Fees in
the amount of $31,750 to Robertson Homes, developer of the
Indian Creek Project, Tentative Tract No. 12896, be con-
tinued to the Regular Meeting of the Mayor and Common
Council to be held August 1, 1988.
COUNCIL MEMBERS REILLY AND FLORES EXCUSED
Council Members Reilly and Flores left the Council
Meeting.
.
GENERAL PLAN - INTERIM POLICY DOCUMENT -
ESTABLISHMENT OF PROCEDURES FOR AMENDMENTS -
CONTINUED FROM JULY 5, 1988 - LEGISLATIVE
REVIEW COMMITTEE MINUTES
This is the time and place continued to for consi-
deration of establishing procedures for amending the
Interim Policy Document which is in effect until the
adoption of the revised General Plan. (46)
Council Member Miller made a motion, seconded by
Council Member Minor and unanimously carried, that the
establishment of procedures for amending the Interim
Policy Document be continued to the Regular Meeting of the
Mayor and Common Council to be held August 1, 1988. (Re-
considered later in the meeting - See Page 30)
COUNCIL MEMBERS REILLY AND FLORES RETURNED
Council Members Reilly and Flores returned
Council Meeting and took their places at the
Table.
to the
Council
.
20
7/18/88
- F
.
CONDITIONAL USE PERMIT 88-4 - OPERATIONAL
HOURS OF LIQUOR STORE - HIGHLAND AND PALM AVENUES -
AMENDMENT OF COUNCIL ACTION OF JUNE 20, 1988
In a memorandum from City Clerk Clark, it was re-
quested that the action taken at the June 20, 1988, meet-
ing of the Mayor and Common Council concerning CUP 88-4
for a liquor store to be located at Highland and Palm
Avenues, be amended. The operational hours for the store
were approved as listed in a letter from John Lightburn,
which contained a typographical error. (48)
Council Member Minor made a motion, seconded by Coun-
cil Member Miller and unanimously carried, that the action
taken at the June 20, 1988, meeting of the Mayor and Com-
mon Council of the City of San Bernardino, concerning CUP
88-4, be reconsidered.
Council Member Minor made a motion, seconded by Coun-
cil Member Miller and unanimously carried, that the
operational hours of the liquor store located at Highland
and Palm Avenues be amended to read: Monday-Thursday,
from 7:00 a.m. to 11:00 p.m.; Friday, from 7:00 a.m. to
1:00 a.m.; Saturday, from 8:00 a.m. to 1:00 a.m.; Sunday,
from 8:00 a.m. to 10:00 p.m.
.
WAYS AND MEANS COMMITTEE MEETING MINUTES -
JULY 11, 1988 - COUNCIL MEMBER ESTRADA
Council Member Estrada, Chairperson of the Ways and
Means Committee, presented the minutes of their meeting
held July 11, 1988, at which time the following items were
discussed: (49)
1. Program Expansion Proposals and Fee
Adjustments
a. Fire The Committee recommended the
proposal for adoption (attached). The notice
for public hearing will be on the August 1,
1988, Agenda. The pUblic hearing will be set
for September 6th.
b. Street Sweeping - Item continued until
October 2nd. A public survey will be con-
ducted and resul ts will be prov ided to the
Committee.
c. Admission Tax - Item continued to August
22nd. Staff is to provide additional infor-
mation to the Committee.
.
21
7/18/88
c
.
d. Recreational Facilities - The Committee
recommended approval of the proposal
(attached). A public hearing will be set for
the August 15, Council meeting.
2. City-owned Leased Property Report - Item
continued to August 22nd. Staff is to pro-
vide a more descriptive list of si tes with
evaluation and recommendation to the Commit-
tee on whether Ci ty should sell or reta in
properties. A brief description with map
location of each property is to be provided.
Discussion ensued regarding including the YWCA pro-
perties in the report described in Item 2.
Council Member Estrada made a motion, seconded by
Council Member Reilly and unanimously carried, that the
minutes of the Ways and Means Committee meeting held July
11, 1988, be received and filed.
.
POLICE BUILDING AD HOC COMMITTEE MEETING
MINUTES - JULY 8, 1988 - COUNCIL MEMBER
ESTRADA
Council Member Estrada, Chairperson of the Police
Building Ad Hoc Committee, presented the minutes of their
meeting held July 8, 1988, at which time the following
item was discussed: (50)
1. Preferred Land Sites The Committee
recommended three sites for Consultant to
review. Not necessarily in order of prece-
dence, the sites were:
Highland and Western
Rialto and "F" Street
"F" Street and Eighth Street
The Commi ttee generally agreed on the Con-
sultant's Statistical and Space Requirements
Projections, as well as other agency require-
ments.
Public Works Department will provide the
three si tes to the Consul tant and the next
meeting will be called after this review and
analysis is completed.
.
22
7/18/88
.
Council Member Estrada made a motion, seconded by
Counc il Member Rei lly and unanimously carr ied, that the
minutes of the Police Building Ad Hoc Committee meeting
held July 8, 1988, be received and filed.
CODE REVIEW AD HOC COMMITTEE MEETING MINUTES -
JULY 14, 1988 - COUNCIL MEMBER REILLY
Council Member Reilly, Chairman of the Code Review Ad
Hoc Committee, presented the minutes of their meeting held
July 14, 1988, at which time the following items were
discussed: (51)
.
1. Incentive Program The Committee
recei ved reports from Bui Id ing and Safety,
Public Works and Personnel Departments and
determined that this i tern should be held in
abeyance unti 1 a full rev iew of all ci ty
departments and the cost impact can be deter-
mined. Methods other than mer i t increases
are to be considered. Non-monetary recogni-
tion avenues are to be explored. Mr. Sutton
was asked to review the possibility of uni-
forms and badges for his code enforcement
officers. He reported that clearly identi-
fied code enforcement cars are already in the
works.
2. Citation Authority - The Committee recom-
mended approval of the proposed ordinance
(attached). Building and Safety will place
the ordinance on the August 1, 1988, Council
Agenda with the Acting Ci ty Administrator I s
approval.
3. L imi ted I ssuance of Permi ts - I tern con-
tinued to a meeting to be set in early Sep-
tember.
4. Property Maintenance The Committee
recommended approval of the proposed ordi-
nance (attached). Continuing review of code
enforcement ordinances and resolutions is
planned by Building and Safety Director.
Council Member Flores made a motion, seconded by
Council Member Estrada and unanimously carried, that the
minutes of the Code Review Ad Hoc Committee meeting held
July 14, 1988, be received and filed.
.
23
7/18/88
.
SAN BERNARDINO CIVIC LIGHT OPERA ASSOCIATION -
INCREASE IN USAGE FEES FOR CALIFORNIA THEATRE -
FINE ARTS COMMISSION RECOMMENDATION
In a letter dated June 15, 1988, Thelma Press of the
Mayor's Office, stated that the Fine Arts Commission
recommends approval of a 15% fee increase requested by the
San Bernardino Civic Light Opera Association for usage of
the California Theatre. (52)
Discussion ensued regarding the costs for running the
Civic Light Opera.
Council Member Flores made a motion, seconded by
Council Member Maudsley and unanimously carried, that
consideration of a fee increase for use of the California
Theatre as requested by the San Bernardino Civic Light
Opera Association, be continued to the August 1, 1988,
meeting of the Mayor and Common Council.
RECESS MEETING
At 11:55 a.m., Mayor wilcox called for a recess of
the Regular Meeting until 2:00 p.m.
.
RECONVENE MEETING
At 2:07 p.m., Mayor wilcox called the meeting to
order in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
ROLL CALL
Roll Call was taken by Ci ty Clerk Clark wi th the
fOllowing being present: Mayor Wilcox; Council Members
Reilly, Flores, Maudsley, Minor; City Clerk Clark, Acting
City Administrator Robbins. Absent: Council Members
Estrada, Pope-Ludlam, Miller; City Attorney Penman.
APPEAL HEARING - PLANNING COMMISSION'S
REDUCTION OF SETBACK REQUIREMENTS - REVIEW
OF PLANS 88-41 - O'DONNELL-UPLAND VENTURE I,
OWNER - GREENLEAF DEV. CO., APPLICANT - HALLMARK
PARKWAY AND SARATOGA WAY
This is the time and place set for an appeal hearing
requested by Helen Kopczynski, 8150 Cable Canyon Road, in
a letter received June 30, 1988. She stated that granting
of a reduction in setback requirements for Review of Plans
No. 88-41 could set a detrimental precedent to the deve-
lopment of the industr ial park at Hallmark Parkway and
Saratoga Way. She also questioned how the reduction in
setback requirements will further the development agree-
ment of the Redevelopment Agency Plan, and the legal nexus
for approving the variance. (55)
.
24
7/18/88
.
The request to reduce the front setback from 50 to 20
feet in the M-1A zone in accordance wi th Municipal Code
Section 19.38.070 (Al on property located on the northeast
corner of Hallmark Parkway and Saratoga Way, consisting of
approximately 18 acres, was filed by Greenleaf Dev. Co.
for O'Donnel-Upland, the owner.
The Planning Commission recommended approval of the
requested in a four to three vote.
Mayor Wilcox opened the hearing.
John Montgomery, Principal Planner, provided back-
ground information for Review of Plans 88-41 and answered
questions.
Helen Kopczynski, appellant, stated she is not op-
posed to the project, but is concerned that a precedent
would be set for future developments within the industrial
park. She pointed out that the request appears to be a
variance, as stated in Page 1 of Attachment C of the staff
report.
.
COUNCIL MEMBER ESTRADA AND CITY ATTORNEY PENMAN
ARRIVED
At 2:11 p.m., Council Member Estrada and City Attor-
ney Penman arrived at the Council Meeting and took their
places at the Council Table.
Mrs. Kopczynski questioned whether findings had been
made to support the approval of the setback reduction, and
if the appeal process was being properly applied. She
expressed several concerns regarding the approval of the
reduction of the setback requirements.
City Attorney Penman answered questions, stating that
the appeal of the Planning Commission's decision is pro-
perly before the Mayor and Common Council.
COUNCIL MEMBER MILLER ARRIVED
At 2:20 p.m., Council Member Miller arrived at the
Council Meeting and took her place at the Council Table.
City Attorney Penman answered questions, stating that
the zone change process is not needed while the Ci ty is
operating under the Interim Policy Document.
He further answered questions concerning Redevelop-
ment project standards, stating there is no distinction on
this issue in the Interim Policy Document.
.
25
7/18/88
.
He stated that the manner in which the Interim Policy
Document is worded does away with almost all of the zoning
ordinances, and that legally the City would be hard-
pressed to hold anyone to its zoning ordinances at the
present time. If an existing zoning district is not com-
patible, developers can basically do whatever they want.
Senior Assistant City Attorney Barlow is completing an
opinion regarding this subject. He stated it makes no
sense to process any zone changes at the present time.
Mrs. Kopczynski pointed out that Mr. Penman's state-
ment might hold true for the remainder of the Ci ty, but
this proj ect is in a redevelopment proj ect area, which
should have development standards that have already been
adopted.
Mr.
Interim
proj ect
of land
Penman stated that there is nothing in the
Policy Document which treats the redevelopment
areas any differently in terms of implementation
use designations and zoning ordinances.
.
He stated that a developer can currently come into
the City with a project that is consistent with the
Inter im Pol icy Document and proceed to go ahead wi thout
processing any plan, any zone changes or anything else.
If the Planning Department does not accept their appli-
cation, which I understand Planning has not been doing, we
have liability exposure.
Mrs. Kopczynski stated that the Municipal Code is too
loosely worded so that there is flexibility for projects
coming before the Development Review Committee, Planning
Commission and the City Council.
Discussion ensued regarding the standards being in
place and applications being received for changes from the
standards.
City Attorney Penman stated that the entire argument
is moot. He stated that all of the zoning ordinances
have, in effect, been suspended and do not apply. Den-
sities and lot sizes are covered. Planning thought they
were covering zoning by including Items 44, 45 and 47 in
the Interim Policy Document.
Item 44 states that if an existing zone district is
deemed compatible with the land use designation, the cor-
rect zoning will be required on the parcel of land in
order to process a development project.
.
26
7/18/88
1--
.
City Attorney Penman stated that Item 44 is silent
about what happens if an existing zone district is deemed
incompatible with the land use designation. The only
interpretation available to give is that the correct zon-
ing will not be required on a parcel of land.
He reviewed Item 45 which states that applications
for changes of zone to the zone district deemed compatible
with the land use designation on the map, shall be
accepted and processed. He interpreted this to mean that
what Planning probably meant to do was make a requirement
that if an existing zone district was not compatible with
the land use designations, there would have to be a change
of zone. But, that is not what they presented to the
Mayor and Council and it is not what was passed.
He read from Item 47 which states that all the stan-
dards of the existing zone district(s) deemed compatible
with the land use designation shall apply to development
within the zone district UNLESS otherwise specified. In
all cases, the densities and minimum parcel sizes estab-
lished by the Interim Policy Document shall take prece-
dence over densities and parcel sizes provided for in the
existing zone district.
.
He stated that it is unfortunate there is nothing in
the text which defines what to do if an existing zone
district is not compatible with the land use designation.
It provided a hole for which his office has found a solu-
tion to present to the Legislative Review Committee on
Thursday, July 21, 1988. He proposes to add a paragraph
that will automatically incorporate all of the existing
zone standards into the most nearly compatible zone in the
Interim Policy Document.
City Attorney Penman answered questions regarding
advice he had previously given regarding this wording of
the Interim Policy Document.
He stated that what has basically happened is that
Planning was not happy with some of the land use desig-
nation assignments and made a determination that they
would not accept projects, even if they were consistent
with the Interim Policy Document, without first putting
them through the zone changes. This was in spi te of the
fact that Mr. Barlow had informed Planning, and Mr. Penman
personally informed former Planning Director Siracusa that
because of wording in the document, they could no longer
require projects to go through the change of zone process.
.
27
7/18/88
.
COUNCIL MEMBER POPE-LUDLAM ARRIVED
At 2:313 p.m., Council Member Pope-Ludlam arrived at
the Council Meeting and took her place at the Council
Table.
City Attorney Penman answered questions regarding the
standing of the redevelopment plan, stating that according
to the June 9th letter from the Office of Planning and
Research, all redevelopment activities must be consistent
with the second extension granted by the Office of Plan-
ning and Research.
Lee Redman, representing the land owner, spoke re-
garding the request of the Planning Commission to reduce
the setback to allow certain positioning of the buildings
to within 213 feet of the property line, which is allowed
in the code and does not constitute a variance.
He presented site plans of the project, stating that
there is a 313-foot drainage easement on the property. He
stated that the average setback around the site is in
excess of 513 feet, with some buildings set back as much as
11313 feet from Hallmark Parkway.
.
He answered questions regarding the discrepancy be-
tween the redevelopment setback requirements being 213 feet
and the zoning requirement being 513 feet, stating that it
was the developer's understanding that the redevelopment
plan was the proper guidel ine for development wi thin the
park. Several weeks into the development review process,
just before the final meeting to approve the project,
staff caught the discrepancy. They already reduced the
size of the project to allow for adequate parking, as the
redevelopment plan requirements were di fferent wi th the
zoning requirement.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Maudsley and unanimously carried, that the
hearing be closed; that the appeal be denied and that the
reduction in the setback requirement from 513 to 213 feet
for Review of Plans 88-41, be approved.
Mr. Redman answered questions regarding the land for
the drainage channel having been dedicated to the City
and stated that a 513 foot setback requirement would sig-
nificantly limit the project in square footage and make it
difficult for the developer.
.
28
7/18/88
1--
.
City Attorney Penman stated that he is having trouble
from a legal standpoint analyzing the process that is
being approved, because it will be a nullity. If no
action were taken today, the developer should be issued a
building permit.
CHANGE OF ZONE NO. 88-3 - RIALTO AVENUE, BETWEEN
ARROWHEAD AND SIERRA WAY - FROM M-2 TO C-M - W. R.
HENDRIX & ASSOC., APPLICANT - HANFORD FOUNDRY,
OWNER - PARCEL MAP 11475 (56)
CHANGE OF ZONE NO. 88-4 - KENDALL DRIVE AND
UNIVERSITY PARKWAY - FROM C-l TO C-2 - DENNIS
STAFFORD, APPLICANT - UNIVERSITY SQUARE, OWNER
(57)
AMENDMENT TO MUNICIPAL CODE SECTION 19.60.100 -
TEMPORARY SIGNS (58)
ORDINANCE - REZONING LAND ON WEST SIDE OF
TIPPECANOE, SOUTH OF BASELINE - PETITION NO.
85-9 (59)
.
Discussion ensued regarding whether or not the above
described Planning Department items on the Council Agenda
were required to be on the agenda since the adoption of
the Interim POlicy Document.
City Attorney Penman answered questions, stating that
under the Interim Policy Document, zone changes cannot be
denied if their purpose is to make property consistent
with the Interim POlicy Document.
City Clerk Clark explained the process of a Change of
Zone request coming before the Mayor and Common Council.
She recommended that since appl ications have been
accepted, they be brought to conclusion before the Mayor
and Common Council. She suggested that the Planning
Department be instructed not to take any further change of
zone requests.
Discussion ensued regarding zoning changes that are
compatible to the land use designations being automatic
and the fact that developers were delayed by being told
they had to comply wi th the change of zone process, and
continuing the matters will compound the problem.
.
City Attorney Penman explained how to clarify at the
August 1, 1988, meeting the previous actions taken by the
Mayor and Council, which were recommended by the Planning
Department.
29
7/18/88
~
.
James Richardson, Deputy City Administrator/Develop-
ment, answered questions, stating that the subjects of
agenda items 56 - 59 were initiated in May, 1988. Changes
in the process have been made since that time and he
recommended that the projects not be held up further.
The al terna ti ve of g i v ing temporary instructions to
the Planning Department until the next Council meeting was
discussed. For anyone applying for a building permit or
processing a change of zone, Planning would take the zon-
ing ordinance that would apply to that land use designa-
tion and require the stipulations in that zoning ordi-
nance, as if the zone change were already made. This
would assure that developers would not lose two weeks of
processing time.
John Edwins, 445 S. Arrowhead Avenue, spoke concern-
ing application for Change of Zone 88-4, Agenda Item 57,
stating that a two week delay would not make that much
difference to this project. He had been directed by staff
to go through the process, even though hi s proj ect con-
formed with the Interim Policy Document. He requested
that if the matter is continued, that the project be
allowed to continue to be processed.
.
Council Member Minor made a motion, seconded by Coun-
cil Member Flores and unanimously carried, that the Plan-
ning Items 56 - 59 on the Council Agenda, be continued to
the Regular Meeting of the Mayor and Common Council to be
held August 1, 1988.
GENERAL PLAN - INTERIM POLICY DOCUMENT -
RECONSIDERATION OF ESTABLISHING PROCEDURES FOR
AMENDMENTS
Council Member Flores made a motion, seconded by
Council Member Minor and unanimously carried, that Agenda
Item 46, regarding a request to establish procedures for
amendments to the Interim Policy Document, be reconsi-
dered. (See Page 20 for previous action). (46)
Ci ty Attorney Penman answered questions and discus-
sion ensued regarding the wording of instruction to the
Planning Department regarding applications that are con-
sistent with the Interim Policy Document.
John Montgomery, Principal Planner, answered ques-
tions regarding the intent of the instructions.
.
310
7/18/88
I'
.
Shauna Clark, City Clerk, stated that the map is the
zoning for the Interim Policy Document and questioned why
zoning changes are being processed. She pointed out that
zone changes are not conditional.
John Montgomery, Principal Planner,
tions, stating that the interim master
designations are not zoning districts.
answered ques-
plan land use
Discussion ensued regarding the confusion in inter-
pretation of the zoning. The map is the zoning for the
property. The map can be translated backwards to what the
zoning ordinance was.
City Attorney Penman pointed out that the Interim
Policy Document reflects what the Mayor and Council
adopted. When the document was first sent to OPR, a check
revealed that all of the actions of the Mayor and Council
were not reflected, because City Clerk Clark was not given
the opportunity to check the document before it was sent.
OPR was called and the City Clerk was then given an oppor-
tunity to make sure all of the actions were reflected, and
not editions that were made by Planning.
.
Council Member Estrada made a motion, seconded by
Council Member Reilly and unanimously carried, that the
Planning Department be directed to process appl ications
that are consistent with the Interim POlicy Document,
applying those zoning ordinances in such a manner as that
the old usages and standards under the old zoning ord i-
nances be applied to the new land use designations, which
they would be consistent with.
Council Member Minor made a motion, seconded by Coun-
cil Member Miller and unanimously carried, that the matter
concerning the establishment of procedures for amending
the Interim policy Document, be continued to the August 1,
1988, meeting of the Mayor and Common Council.
RES. 88-275 - RESOLUTION OF THE CITY OF SAN
BERNARDINO CONFIRMING COSTS OF ABATEMENT OF
PUBLIC NUl SANCES AND IMPOS ING LIENS ON CER-
TAIN REAL PROPERTY LOCATED WITHIN THE CITY OF
SAN BERNARDINO FOR THE COSTS OF ABATEMENT. (S-2)
Council Member Flores made a motion, seconded by
Council Member Reilly, that said resolution be adopted.
.
31
7/18/88
.
Resolution No. 88-275 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Flores,
Maudsley, Minor, Pope-Ludlam, Mi ller. Noes: None. Ab-
sent: None.
RECESS MEETING - CLOSED SESSION
At 3:35 p.m., Council Member Estrada made a motion,
seconded by Council Member Minor and unanimously carried,
that the Common Council recess to Closed Session to confer
with its attorney regarding pending litigation pursuant to
Government Code Section 54956.9 (b) (1), as there is signi-
ficant exposure to litigation. (61)
CLOSED SESSION
AT 3:35 p.m., Mayor wilcox called the Closed Session
to order in the Conference Room of the Council Chambers,
City Hall, 31313 North "0" 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, Mi ller; Ci ty Attorney Pen-
man, Acting City Administrator Robbins. Absent: City
Clerk Clark.
.
Also present were: Senior Assistant City Attorney
Barlow, Deputy City Attorney Empeno, Director of Admini-
stration and Finance for the Water Department Kersey.
ADJOURN CLOSED SESSION
At 3:55 p.m., the Closed Session adjourned to the
Regular Meeting of the Mayor and Common Council.
RECONVENE MEETING
AT 3:55 p.m., Mayor wilcox called the meeting to
order in the Council Chambers of City Hall, 31313 North "0"
Street, San Bernardino, California.
ROLL CALL
Roll Call was taken by City Clerk Clark wi th the
following being present: Mayor Wilcox; Council Members
Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam,
Miller; City Attorney Penman, City Clerk Clark, Acting
City Administrator Robbins. Absent: None.
.
32
7/18/88
.
RES. 88-276 - RESOLUTION OF THE MAYOR AND
COMMON COUNCIL, CITY OF SAN BERNARDINO CON-
SENTING TO ASSIGNMENT OF AGREEMENT FOR SEWER
CONNECTION AND TREATMENT FOR TENTATIVE TRACT
NO. 10297-3 FROM EMERICH & COMPANY, INC., A
CALIFORNIA CORPORATION, PAUL Y. H. HSU AND
DONALD S. CLURMAN TO LOMA LINDA VILLAGE PAR-
TNERSHIP, A CALIFORNIA GENERAL PARTNERSHIP. (S-l)
Council Member Pope-Ludlam made a motion, seconded by
Council Member Minor, that said resolution be adopted.
Resolution No. 88-276 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Flores,
Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab-
sent: None.
.
GENERAL OBLIGATION BOND BLUE RIBBON COMMITTEE -
REPORT - ISSUE FOR NOVEMBER BALLOT - AUTHORIZATION
TO HIRE BOND COUNSEL
I n a memorandum dated July 15, 1988, Fred wi Ison,
Assistant to the City Administrator, provided a report
from the General Obligation Bond Blue Ribbon Committee
relative to the feasibility of a General Obligation Bond
Issue being placed on the November, 1988, ballot, and a
list of proposed improvement projects, totaling
$48,040,000. (47)
This committee was formed May 31, 1988, to consider
the feasibility of placing a bond issue on the November
ballot. The Capital Improvement Project listing submitted
by the Director of Public Works was reviewed and presenta-
tions were heard by department heads regarding proposed
projects. Alternate funding sources were also discussed
at the committee meetings.
Edward Wheeler, Chairman of the General Obligation
Bond Blue Ribbon Committee, expressed the members' appre-
ciation for the opportunity to serve on the committee, and
thanked everyone for their assistance.
He stated the recommendation of the committee for the
Mayor and Common Council to consider the issuance of G.O.
Bonds in an amount not to exceed $50,000,000 in conjunc-
tion wi th al terna te sources of revenue as referenced in
the list of the projects submitted by the G.O. Bond Com-
mittee due the limited availability of alternate funding
sources. They made a separate recommendation urging that
this motion be placed on the November ballot.
.
33
7/18/88
.
Craig Graves, City Treasurer, answered questions,
stating that the cost of the $50,IHI0,000 bond to home-
owners would amount to $173 per year for 25 years on a
$100,000 home.
Acting ci ty Administrator
regarding the time frame for
November, 1988, ballot.
Robbins answered questions
getting the issue on the
Shauna Clark, City Clerk,
the California Elections Code
quired and the time frame for
ballot.
read from Section 5301 of
regarding information re-
plac ing the issue on the
Discussion ensued regarding the need for the support
of the public to pass the bond issue.
Acting City Administrator Robbins answered questions
regarding the costs involved in hiring bond counsel.
City Clerk Clark answered questions regarding the
election costs.
.
John Lightburn, a member of the General Obligation
Bond Blue Ribbon Committee, made suggestions regarding
political contributions to support the bond issue.
Jim Smith, Chairman of the Governmental Affairs Com-
mittee of the Chamber of Commerce, stated their feelings
that more knowledge is needed regarding the projects to
provide support for a successful passage of the bond
issue.
Discussion ensued regarding funding mechanisms for
educating the public regarding the bond issue. Time con-
straints were discussed and the advantages of the November
Presidential election having a large turnout. The con-
dition of the infrastructure of the City was discussed.
Acting City Administrator Robbins spoke regarding the
passage of the bond issue meaning that the 80% of the
costs for replacing the Mt. Vernon Bridge will come from
the federal government.
Richard Razlo, 355 S. Stoddard, requested that
$20,000,000 be spent on improvements to "0" Street.
.
Shauna Clark, Ci ty Clerk, answered questions, ex-
plaining the legal deadlines for the bond issue. She
stated that authorization for bond counsel is needed
immediately in order to get the process started.
34
7/18/88
.
Jim Smith of the Chamber of Commerce stated that they
have not seen a specific amount of money for the bond
issue, which is a reason they cannot make a stand on the
issue.
Dennis Barlow, Senior Assistant
answered questions concerning approv ing
package submitted by the committee.
Ci ty Attorney,
the recommended
The Mayor and Common Council discussed waiting until
the end of the Council Meeting to make a recommendation,
to allow for time to review the list of capital improve-
ment projects.
Council Member Estrada made a motion, seconded by
Council Member Reilly, to continue the matter concerning
the General Obligation Bond issue to later in the meeting.
(See Page 46)
The
Council
Ludlam,
None.
motion
Members
Miller.
carried by the following vote:
Estrada, Reilly, Flores, Minor,
Noes: Council Member Maudsley.
Ayes:
Pope-
Absent:
.
COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT
AGENCY MEETING - CONTINUED FROM EARLIER IN MEETING
The Regular Meeting of the Community Development
Commission/Redevelopment Agency was continued from earlier
in the meeting and called to order by Chairman Wilcox in
the Council Chambers of City Hall, 300 North "D" Street,
San Bernardino, California. (See Page 13)
RECESS MEETING - CLOSED SESSION
At 5:15 p.m., Council Member Pope-Ludlam made a
motion, seconded by Council Member Flores and unanimously
carried, that the Mayor and Common Council recess to
Closed Session pursuant to Government Code Section
54956.8, to 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 Develop-
ment Corporation. (R-13)
CLOSED SESSION
At 5:15 p.m., the Closed Session was called to order
by Mayor wilcox in the Conference Room of the Council
Chambers of City Hall, 300 North "D" Street, San Bernar-
dino, California.
.
35
7/18/88
.
ROLL CALL
Roll Call was taken by Ci ty Clerk Clark wi th the
following being present: Mayor Wilcox; Council members
Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam,
Miller; City Attorney Penman, City Clerk Clark, Acting
City Administrator Robbins. Absent: None.
Also present were: Ci ty Treasurer Graves, Senior
Assistant City Attorney Barlow, Assistant City Attorney
Brue, Development Specialist for the Redevelopment Agency
Boeger, and Administrative Services Manager for the Re-
development Agency Velarde.
ADJOURN CLOSED SESSION
At 6:34 p.m., the Closed Session adjourned to the
Regular Meeting of the Mayor and Common of the City of San
Bernardino.
RECONVENE MEETING
At 6:34 p.m., Mayor Wilcox called the meeting to
order in the Council Chambers of Ci ty Hall, 3lillil North "D"
Street, San Bernardino, California.
.
ROLL CALL
Roll Call was taken by Ci ty Clerk Clark wi th the
following being present: Mayor Wilcox; Council Members
Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam,
Miller; Senior Assistant City Attorney Barlow, City Clerk
Clark, Acting City Administrator Robbins. Absent: None.
CRUISING, DRUGS & CRIME PROBLEMS - WEST SIDE -
MOTEL - 1263 N. MT. VERNON AVENUE
This is the time and place set for discussion con-
cerning the severe crime problems related to the motel
located at 1263 N. Mt. Vernon Avenue and cruising, drugs
and crime on the west side of the City, as requested in a
memorandum dated July 6, 1988, from Council Member Pope-
Ludlam. (53)
An undated petition was received from area homeowners
regarding illegal activities at the motel located at 1263
North Mt. Vernon.
An affidavit dated June 23, 1988, was filed by Danial
Alcala, regarding a mugging in which he was a victim on
Reece Street, across from the motel at 1263 N. Mt. Vernon
Avenue.
.
In a letter dated July 7, 1988, Mark Sutton, Director
of Building & Safety, provided a report listing code vio-
lations in the motel at 1263 N. Mt. Vernon Avenue.
36
7/18/88
.
In a letter dated July 8, 1988, Donald Burnett, Chief
of Police; presented outlines of two Tactical Action Plans
designed to curtail the cruising problem occurring on
Friday, Saturday and Sunday nights. The problem exists on
Mt. Vernon Avenue between Mill Street and 14th Street and
on 14th Street between Mt. Vernon and Massachusetts
Avenues.
The plans described by Chief Burnett would require
constant monitoring and maintenance to eliminate the
cruising problem. Plan 2 would be implemented if Plan 1
becomes ineffective. The total cost for the plans per
weekend is: Plan 1 = $3,395; Plan 2 = $4,595.
A petition dated June, 1988, signed by residents,
property owners and registered voters of the City, re-
questing Councilwoman Pope-ludlam to work on their behalf
to resolve the cruising problem on the West Side, was
given to City Clerk Clark.
.
Donald Burnett, Chief of POlice, introduced Lt. W. D.
Smi th, Area Commander for the neighborhood of the motel
located at 1263 N. Mt. Vernon. He spoke regarding the
problems incurred at the motel and stated that nine
arrests have been made. The owner of the motel is co-
operating with evictions.
Discussion ensued regarding a letter from Petro
Blanco noting the lack of lights in some parking areas on
Mt. Vernon, the cruising problem and the discomfort
experienced by residents of the area.
Captain Dan Robbins, Police Department, provided a
historical background of the cruising problem in the City
and described police tactics to curtail the problem. He
handed out a map depicting the pattern of cruising in the
neighborhood of 14th and Mill Streets.
Lt. Bob Curtis spoke regarding action taken by the
Police Department in recent weeks to curtail the cruising
problems.
Police Chief Burnett explained Tactical Action Plans
1 and 2 and their related costs, and the impact of taking
officers from their regular assignments to work the cruis-
ing problems.
Captain Robbins answered questions, stating that 209
cruising citations have been issued.
.
37
7/18/88
.
City Attorney Penman spoke regarding the closing of
streets being the most effective method of controlling
cruising.
Hector Luna, area resident, expressed appreciation to
the Mayor and Common Council and to the City Attorney for
their message to criminal elements. He expressed concern
over the use of roadblocks, which inconvenience residents.
He requested that modern innovation be used to control the
cruisers, and that the cruisers from out-of-town be cited.
City Attorney
civil Rights if
citations.
Penman spoke regarding the violation of
certain cruisers are pin-pointed for
Bill Hanke, property manager of 1239 W. 14th Street,
spoke regarding problems he incurs with the cruisers, as
they buy and sell drugs.
Francisco Gomez, a Planning Commissioner, spoke re-
garding the problem of disrespect of rules by cruisers and
the need for educating the public. He suggested that a
committee be formed of Council Members Maudsley and Minor
and City Attorney Penman, to consider the cruising
problem.
.
Johnny Bird, an area resident, spoke regarding the
cruising problem not being resolved by rerouting traffic.
Margaret Ramos, an area resident, spoke in support of
the Police Department, stating that the problem with the
juveniles cruising should be solved in the home where they
should be taught not to infringe on other people's rights.
Anna Lopez, 1263 Mt. Vernon, spoke regarding the drug
problem in the neighborhood and sarcastic police dis-
patchers when she requests assistance. She suggested that
police drive through the apartment carports when called
and not just around the apartments.
Don Henley, an area resident, stated the problem lies
with the Counc i I, as they need to go out and v iew the
problem to know what they are dealing with.
Chief of Police Burnett answered questions, stating
that the greater percentage of the cruisers are from out
of town, and drug dealers may be temporary local resi-
dents.
.
38
7/18/88
.
City Attorney Penman spoke regarding the apartments
at 1263 Mt. Vernon, which are going to be demolished as
soon as the orders come from the court. He stated that
publishing newspaper articles to educate the cruisers
would not help the problem, because most of them are from
out of town.
Lt. W. D. Smith answered questions of the Council.
J. J. Gomez, an area resident, recommended using hand
held computers to keep track of cruisers.
Chief Burnett stated that Lt. Smith would be follow-
ing up on the complaints and added that a computer is
being used by the Los Angeles Sheriff's Department in
Anaheim. He spoke regarding the Ci ty' s ordinance which
requires the Police Department to be able to testify that
the same driver drove through the area three times. The
second time the driver receives a warning and the third
time, he receives a citation. The City of Anaheim had the
same system and abandoned it.
.
He further stated that the Police Department is
taking a look at an ordinance to give them the ability to
tow cars belonging to cruisers and is also considering
using video tape to identify the drivers.
He suggested painting curbs red along the cruising
area to keep the cars from parking.
Lisa Caldera, an area resident, suggested that bar-
ricades start at 16th Street and Mt. Vernon Avenue and
that there be a barricade at the east on Massachusetts and
south at Baseline because the cruisers are outsmarting the
Police Department.
Lt. Curtis stated that the cruising starts at Mill
Street.
Chief Burnett stated that in order to be successful,
the Police Department has to "take the ground" and if the
department could take the vehicles as evidence, that would
certainly discourage cruisers from coming into this area.
He answered questions regarding his Tactical Action
Plans 1 and 2.
.
Loretta Medina, an area resident on 14th Street,
expressed a concern that emergency vehicles cannot get in
and out when cruising goes on, but applauded the Police
Department for their efforts to date.
39
7/18/88
.
Chief Burnett answered questions, stating that with
either Tactical Action Plan the officers would only be out
until 2:00 a.m.
Richard Falcon, an area resident, spoke regarding
lack of response by the Police Department when shots were
reported as having been fired on Mt. Vernon.
Chief Burnett stated he would address Mr. Falcon's
complaint immediately.
Counc i 1 Member Maudsley made a motion, seconded by
Council Member Flores and unanimously carr ied, that the
Police Department's Tactical Action Plan Itl, as outlined
in the staff report, be authorized for a period of 90 days
at a cost of $3,000 per weekend, with funds to come from
the contingency account.
RECESS MEETING
At 7: 30 p.m., Mayor Wilcox called for a 15 minute
recess.
.
RECONVENE MEETING
At 7:45 p.m., Mayor Wilcox called the Regular Meeting
to order in the Conference Room, City Hall, 300 North "D"
Street, San Bernardino, California.
ROLL CALL
Roll Call was taken by Ci ty Clerk Clark wi th the
fOllowing being present: Mayor Wilcox; Council Members
Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam,
Miller; City Attorney Penman, City Clerk Clark, Acting
City Administrator Robbins. Absent: None.
RECESS MEETING - CLOSED SESSION
At 7:45 p.m., Council Member Estrada made a motion,
seconded by Council Member Reilly and unanimously carried,
that the meeting recess to Closed Session to meet with its
designated representatives regarding labor relations
matters pursuant to Government Code Section 54957.6.
(60 )
CLOSED SESSION
At 7:45 p.m., Mayor Wilcox called the Closed Session
to order in the Conference Room of City Hall, 300 North
"0" Street, San Bernardino, California.
.
40
7/18/88
.
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, Acting City Administrator Robbins. Absent: City
Clerk Clark.
Also present were: Coleman Walsh, the City's nego-
tiator; Gordon Johnson, Director of Personnel.
RECESS CLOSED SESSION
At 8:28 p.m., the Closed Session adjourned
Regular Meeting of the Mayor and Common Council
City of San Bernardino.
to the
of the
RECONVENE MEETING
At 8:28 p.m., Mayor Wilcox called the Regular Meeting
to order in 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 Wilcox; Council Members Estrada, Reilly, Flores,
Maudsley, Minor, Pope-Ludlam, Miller; Ci ty Attorney Pen-
man, City Clerk Clark, Acting City Administrator Robbins.
Absent: None.
IMPASSE HEARING - GENERAL EMPLOYEES' BARGAINING
UNIT
This is the time and place set for an impasse hearing
concerning the General Employees' Bargaining Unit.
(54 )
Ed Lehman, a representative of the American Federa-
tion of State, County and Municipal Employees, AFL-CIO,
stated that Management employees have superior fringe
benefits to those of the General employees. He complained
that there is no money for General employees, but there is
plenty of money for the Chamber of Commerce, the Maruko
Hotel and the City Hall renovations.
He further complained that department heads harass
employees and that bureaucratic mine fields are set up as
road blocks instead of solving employees' problems.
He stated that employees need cost of living in-
creases and equity in terms of fringe benefits. They want
their 7% PERS paid for by the City and a complete payment
of health insurance.
.
41
7/18/88
.
They also want an adequate long-term disability in-
surance plan. He suggested that the Council agree to
return to the table for further negotiations.
Adam Webb, President of Local 122, stated that the
General employees salaries are falling behind other cities
and that three years from now this ci ty will be at the
bottom of the scale. He added that General employees work
with short staffs due to the hiring freeze and that they
are willing to go back to the table if they could go in a
positive direction.
Brian Hagman, a former City Employee now working for
AFSCME Chapter 36, stated that they tried hard not to come
to an impasse. He stated that General employees work hard
and do outstanding jobs while all of management is in
turmoil and the Ci ty is trying to find someone to fi 11
management positions.
He talked about arbitrary transfers of employees and
the City's investment in the Spirit Baseball Team and the
$400,000 loss of Redevelopment Agency funds.
.
Mr. Hagman spoke regarding a City proposal to charge
General employees for using sick leave and stated that
General employees want to be recognized for the good job
they are doing.
Frances Garces from the Engineering Division of Pub-
lic Works, complained regarding the remodeling of her
department, which requires her to have her back to the
public counter. She stated that she complained about
this, but that her complaints were not addressed.
Lisa Caldera of the Fire Department complained
the uniform allowance of $75 per year when
employees receive $225 per year.
about
other
Ed Lehman, AFSCME, stated that they have reached a
tentative agreement with the City whereby the City will
provide 100% of the cost of all uniforms.
Don Henley, a Police Assistant on the West Side of
the City, complained that he is not receiving bilingual
pay. He stated that his daughter is a Police Assistant
for the City of Fontana and she makes $500 more per month
and gets $500 per year in uniform allowance.
.
42
7/18/88
.
Coleman Walsh, the City's negotiator, stated that
many of the items brought to the negotiation table by the
unlon were actually grievances that should have been
handled through the administrative process. He further
stated that they had reached agreements on providing long-
term disability insurance for General employees, which is
the same as the insurance for Mid-Management employees.
He stated that the salary increases moved the salar-
ies somewhere in the midd Ie in terms of competi ng wi th
other cities for employees. The City is offering 2.5% in
July of this year, but the total package will increase the
employees compensation by 15%. The cost of living went up
4.4%, so the City is a little ahead in terms of what it is
offering its General employees.
He stated that he did not find the union's proposal
to raise compensation 5~-6~% to be realistic.
Ed Lehman of AFSCME stated that the 5~-6~% increase
is preposterous and argued that long-term disability in-
surance is necessary for many female employees, especially
those who will be taking maternity leave.
.
He stated that the long-term disability being recom-
mended by the union is less expensive than the one the
City is giving Mid-Management employees and has greater
benefits.
He objected to the uniform allowance and the fact
that the department head will be able to determine how
many uniforms for which an employee gets paid.
Lisa Caldera of the Fire Department feared that her
$75 uniform allowance she just received would be taken
away from her.
Coleman Walsh, City negotiator, responded that the
City has no plans to take back this year's uniform allow-
ance.
Johnny Bird, an extra board refuse worker, requested
permanent employment.
Tony Williams, an extra board worker, stated he has
been with the City for one year and 18 days and has still
not been made permanent. He stated that his baby had died
last week and he was unable to receive benefi ts to bury
his baby. He wants to become a permanent employee.
.
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7/18/88
.
Gordon Johnson, Director of Personnel, stated tha t
recent Civil Service rule changes have placed restrictions
on the City in terms of using long-term temporary employ-
ees without giving them permanent employment.
There are some Civil Service rights for certain long-
term temporary employees.
Ed Lehman, AFSCME, stated that they do not represent
extra board people, but he feels that these employees
should be treated with dignity. The union supports re-
forms to give benefits to extra board employees.
Director of Personnel Johnson answered questions,
stating he is not sure of the requirements for a refuse
worker position, but that there are hundreds of applicants
for three to four positions.
It was agreed that the issue of benefits for long-
term temporary employees be put on the Council Personnel
Committee agenda for discussion.
.
Coleman Walsh, City negotiator, stated that as the
union does not represent extra board employees, that this
discussion is not part of the negotiations, nor a part of
the impasse hearing.
Council Member Miller made a motion, seconded by
Council Member Reilly and unanimously carried, that im-
passe hearing be closed.
Mayor wilcox explained to the audience that the City
has been striving to get to the point where it has a re-
serve fund, which is one reason why there are fewer funds
this year.
Council Member Minor made a motion, seconded by Coun-
cil Member Miller and unanimously carried, that the im-
passe be terminated by ordering the imposition of a three-
year contract as was offered by the City's negotiator.
Ed Lehman, AFSCME, questioned whether the City could
unilaterally impose a three-year contract on the
employees.
City Attorney Penman answered questions, and pointed
out that documents imposing the Council action would have
to be brought back later.
.
Coleman Walsh, the City's negotiator, stated that he
knew of no limi tation on the imposi tion of a three year
contract.
44
7/18/88
.
City Attorney Penman requested more time to research
the legal issues, and agreed to report back at the next
Council Meeting.
RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH THE SAN BERNARDINO CIVIC LIGHT OPERA
ASSOCIATION FOR THE PROMOTION OF ARTS AND
CULTURE. (Reconsidered from earlier in meet-
ing - See Page 15) (30)
The Mayor and Common Council discussed changes in the
resolution, including raising the amount from $14,000 to
$20,000 and questioned what the Civic Light Opera would
use the additional funds for.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Estrada and unanimously carried, that said
resolution be continued to the August 1, 1988, Regular
Meeting of the Mayor and Common Council of the City of San
Bernardino.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council Meeting.
.
RES. 88-277 - RESOLUTION OF THE CITY OF SAN
BERNARDINO APPROVING AND ADOPTING THE FINAL
BUDGET OF SAID CITY FOR THE FISCAL YEAR
1988-89. (29)
Acting City Administrator Robbins spoke regarding the
positions in the Police Department, stating that in the
previous year, 15 positions had been left unfunded. This
year, the Police Department was allowed to hire five of
those positions, but that 10 still remain unfunded. Un-
less Council can find another $2-3 million dollars, the
positions will remain unfunded for this fiscal year.
Council Member Flores made a motion, seconded by
Council Member Minor, that said resolution be adopted.
Resolution No. 88-277 was
vote: Ayes: Counc i 1 Member s
Maudsley, Minor, Miller. Noes:
Member Pope-Ludlam.
adopted by the following
Estrada, Reilly, Flores,
None. Absent: Council
.
45
7/18/88
1--
.
PERSONNEL ACTIONS
The Personnel Actions submitted by the Director of
Personnel in his letter dated July 5, 1988, were approved
earlier in the meeting, wi th the exception of the last
page, containing appointments for the Building & Safety
Department. (See Page 8) (12)
Council Member Flores made a motion, seconded by
Council Member Estrada and unanimously carried, that the
last page of the personnel actions submitted by the
Director of Personnel, dated July 7, 1988, containing
appointments for the Building & Safety Department, be
approved.
GENERAL OBLIGATION BOND BLUE RIBBON
COMMITTEE REPORT - CONTINUED FROM EARLIER
IN MEETING
This is the time and place continued to for a report
from the General Obligation Bond Blue Ribbon Committee
relative to the feasibility of a general obligation bond
issue being placed on the November ballot and authori-
zation to hire bond counsel. (See Page 34) (47)
.
Council Member Estrada presented a list of projects
and gave the Council alternate funding levels at
$48,000,000, $29,000,000 and $26,000,000 to submit to the
voters.
The Mayor and Common Council discussed the proposed
General Obligation Bond Measure.
Council Member Flores made a motion,seconded by Coun-
cil Member Reilly and unanimously carried, that the pro-
posal to place a measure on the November ballot for the
issuance of General Obligation Bonds be referred back to
the Blue Ribbon Committee for further study with regard to
projects to be included and the strategy for taking the
issue to the voters.
RECESS MEETING - CLOSED SESSION
At 10:05 p.m., Council Member Flores made a motion,
seconded by Council Member Estrada, that the meeting re-
cess to Closed Session pursuant to Government Code Section
59456.9(a) to confer with its attorney regarding pending
litigation which has been initiated formally to which the
City is a party as follows: (64)
Strahle vs. City of San Bernardino - San Bernardino
Superior Court Case No. 232278;
.
46
7/18/88
.
Highland Hills Homeowners Association vs. City of San
Bernardino, et al - San Bernardino Superior Court Case No.
241464;
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 Lake Association vs. City of San Bernardino
-San Bernardino Superior Court Case No. 239714 and Case
No. 239649;
City of
Club, Inc.
239193;
San Bernardino vs. San Bernardino Baseball
San Bernardino Superior Court Case No.
Stubblefield Construction Company, et al vs. City of
San Bernardino, et al - San Bernardino Superior Court Case
No. 232998;
.
Daub and Gordon vs. City of San Bernardino - San
Bernardino Superior Court Case No. 242433;
Deyon vs. City of San Bernardino - San Bernardino
Superior Court Case No. C236411.
CLOSED SESSION
At 10:05 p.m., Mayor wilcox called the Closed Session
to order in the Conference Room of Ci ty Hall, 300 North
"D" Street, San Bernardino, California.
ROLL CALL
Roll Call was taken with the following being present:
Mayor Wilcox; Council Members Estrada, Reilly, Flores,
Maudsley, Minor, Miller; City Attorney Penman, City Clerk
Clark, Acting City Administrator Robbins. Absent: Coun-
cil Member Pope-Ludlam.
Also present was Assistant City Attorney Brue.
ADJOURN CLOSED SESSION
At 10: 20 p.m., the Closed Session adjourned
Regular Meeting of the Mayor and Common Council
City of San Bernardino.
to the
of the
.
47
7/18/88
.
RECONVENE MEETING
At 10:20 p.m., Mayor Wilcox called the Regular Meet-
ing to order in the Council Chambers of City Hall, 300
North "0" Street, San Bernardino, California.
ROLL CALL
Roll Call was taken by the Ci ty Clerk wi th the fol-
lowing being present: Mayor Wilcox; Council Members
Reilly, Flores, Maudsley, Minor; City Attorney Penman,
City Clerk Clark, Acting City Administrator Robbins.
Absent: Council Members Estrada, Pope-Ludlam.
ADJOURN MEETING
At 10:20 p.m., Council Member Maudsley made a motion,
seconded by Council Member Minor, that the meeting adjourn
to 8:00 a.m., Wednesday, July 27, 1988, in the Management
Information Center (MIC Room), Sixth Floor, City Hall,
300 North "0" Street, San Bernardino, California. (65)
The motion carried by the following vote:
Council Members Reilly, Flores,Maudsley, Minor,
Noes: Council Member Miller. Absent: Council
Estrada, Pope-Ludlam.
Ayes:
Miller.
Members
. ~~&~
Ci ty Clerk
No. of hours: ll~
No. of items: 73
.
48
7/18/88