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HomeMy WebLinkAbout08-15-1988 Minutes . City of San Bernardino, California August 15, 1988 The Regular Meeting of the Mayor and Common Council of the Ci ty of San Bernard ino was called to order by Mayor wilcox at 9:05 a.m., on Monday, August 15, 1988, in the Counci 1 Chambers of Ci ty Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Rev. Nathaniel White, Temple Missionary Baptist Church, 1583 W. Union Street, San Bernardino, California. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tem- pore Pope-Ludlam. . 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, Pope-Ludlam, Miller; Assistant City Attorney Brue, City Clerk Clark, Acting City Administrator Robbins. Absent: None. COMMENDATION - CALIFORNIA CONSERVATION CORPS - CORPSMAN OF THE MONTH Greg Gar ica, proj ect Coord inator, read a commen- dation of the Mayor of the City of San Bernardino for Corpsman of the Month. Mayor Wi lcox presented Steve Folpher wi th an award and pin as Corpsman of the Month for his outstanding contributions and exemplary employment with the Calif- ornia Conservation Corps. PRESENTATION - AWARD - POLICE DEPARTMENT - SAN BERNARDINO COMMUNITY AGAINST DRUGS TASK FORCE - SAN BERNARDINO UNIFIED SCHOOL DISTRICT Mayor Wilcox stated that in June, 1988, the City of San Bernardino was presented an award for its efforts to impact the drug menance at the Mayor's 11th Annual Con- ference. . The Mayor presented the award and commentary re- ceived at the 11th Annual Mayor's Conference, to com- mend Donald Burnett, Chief of Police, Jeri Simpson, San Bernardino Community Against Drugs Task Force and the San Bernardino Unified School District for their efforts towards reducing the drug menace. 1 8/15/88 . Donald Burnett, Chief of Police was present to re- ceive the award and commentary. PRESENTATION - NEW POLICE OFFICERS Donald Burnett, Chief of Police introduced six new pol ice off icers who graduated from the San Bernardino County Sheriff's Academy. COMMENDATION - SAN GORGONIO GIRLS SOCCER TEAM Richard Bennecke, Executive Assistant to the Mayor, presented the San Gorgonio High School Girls Soccer Team with Certificates of Commendation for their efforts to raise funds to travel to England and parts of Europe this summer and having an outstanding record of 8 wins, 2 losses and 2 ties. Chuck Pilgr im and Hank Mendoza, of the San Gorgonio High School Girls present to accept the commendation. Assistant Coaches Soccer Team, were PRESENTATION - SERVICE PIN AWARDS Mayor Wilcox presented several employees with ser- pins for their years of service with the City. (C) vice . PUBLIC COMMENTS - POLICE ACTION ON WESTS IDE - WILLIE DAWSON Harry L. Jacks, President, Westside Action Group, congratulated the City for the drug task force and the awards received. Mr. Jacks requested that a letter be sent to the District Attorney's Office requesting an investigation of all witnesses and justification for the shooting death of Willie Dawson, a Westside resident, by police off icers. (A) Mr. Jacks spoke regarding alleged police brutality of citizens of the Westside of San Bernardino. . Brian Townsend, 1677 W. Baseline Street, San Ber- nardino, California, spoke in support of the willie Daw- son family and requested an investigation of the shoot- ing by the City Council. , Ruben X. Herndon, P.O. Box 71336, San Bernardino, California, spoke regarding the increase in shootings by the Police Department on the Westside. He requested that the Mayor and Council commission an independent, external investigation of the Police Internal Affairs Department, stating that the community is dissatisfied with the administration of the Police Department. 2 8/15/88 f . council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, that the time be extended for Ruben X. Herndon to continue to speak under Public Com- ments. The motion carried by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Pope-Ludlam, Miller. Noes: Council Members Reilly and Minor. Mr. Herndon continued to speak and read scripture. Assistant City Attorney Brue answered questions stating that the reason the Willie Dawson issue was not placed on the agenda was that under Government Code Section 54956.9 (b) (1) there is significant exposure to litigation and the subject is a Closed Session item. Assistant City Attorney Brue stated that the Willie Dawson case is currently under investigation by the Dis- trict Attorney's Office The Mayor set a public hearing community relations, for September p.m. in the Council Chambers of City Street, San Bernardino, California. to discuss police 6, 1988, at 6:00 Hall, 300 North "0" . W. H. Bill Jacocks, 19649 Nauri Avenue, Rialto, California, stated that people must work together in order to solve problems in the communi ty. He spoke re- garding the history of slavery and civil rights in the United States. Council Member Flores made a motion, seconded by Council Member Pope-Ludlam, that time be extended under Public Comments for W. H. Bill Jacocks to speak. The motion carried by the following vote: Ayes: Council Members Estrada, Flores, Pope-Ludlam and Miller. Noes: Council Members Reilly, Maudsley and Minor. Mr. Jacocks continued to speak under Public Com- ments, stating that" we as a people should not only be willing to die for the cause, but also be willing to kill for the cause". . Nathaniel C. White, Pastor of Temple Missionary Baptist Church, 1583 W. Baseline Street, San Bernardino, California, stated that he has been pastor for 9 years and has buried 24 young people from the City in the last four years. He stated that he has never encountered an incident such as the shooting of Willie Dawson and that rallies will be held until some answers are received. 3 8/15/88 . Kathern Herary, 353 E. Orange Grove, Pasadena, California Law Clerk for Attorney Charles B. Johnson, stated that this firm is representing the Dawson family. She served subpoenas, summons and complaints against the Mayor, Ci ty Attorney, Chief of Police and all Counci 1 Members except Council Member Pope-Ludlam. Wallace Allen, 1830 W. 30th Street, California, owner of Allen Productions, the image of the Ci ty of San Bernard ino the death of Willie Dawson. San Bernardino, spoke regarding as a resul t of Leta Pezant, 1514 W. Evans, San Bernard ino, Cal i- fornia, stated concern regarding the message that black children are receiving from the shootings on the Westside. She requested that the Police Department be informed that it is not open season on the black men who live on the Westside. Susan Smi th, 668 North "H" Street, San Bernardino, California stated that she works with the homeless of the City of San Bernardino and that if the community worked together peaceably, it can solve the problems. . PUBLIC COMMENTS - FRANCIA WHITE- COMPLAINTS OF CODE ENFORCEMENT EMPLOYEES Francia White, 231 E 9th Street, San Bernardino, California, spoke of a hit and run accident which demo- lished her car stating that she has not received any information from the Police Department regarding this matter. (A) Ms. Whi te spoke of complaints she had against the Business License, Building and Safety and Animal Control Departments and Code Enforcement Officers. PUBLIC COMMENTS - THERESA NEWHAM - PUBLIC NUISANCE ABATEMENT - 1441 N. SEPULVEDA AVENUE Theresa Newham, 1463 Sepulveda Ave, San Bernardino, California, presented a petition requesting that the Security Palm Apartment Complex located at 1441 N. Sepulveda Ave. be closed down as being a public nuis- ance. (A) PUBLIC COMMENTS - ROGER DUMAS - FILING CRIMINAL CHARGES Roger Dumas, Commander-In-Chief of the House of Ying, spoke of filing criminal charges against members of the City Council and various departments of City Hall. (A) . 4 8/15/88 . . RECESS MEETING At 10:47 a.m., Mayor Wilcox called for a five-minute recess of the Council Meeting. RECONVENE MEETING At 11: 01 a.m., the meeting was called to order by Mayor Wilcox 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 Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, City Clerk Clark, Acting City Administrator Robbins. Absent: None. 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. . The minutes of the Redevelopment Agency reflect the action taken on Communi ty Development Commiss ion agenda items. RECESS MEETING - LUNCHEON WORKSHOP At 12:15 p.m., Council Member Pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that the meeting recess to the luncheon work- shop. RECONVENE MEETING At 12: 35 p.m., Mayor wilcox called the meeting to order in the Management Information Center (MIC Room), Sixth Floor, City Hall, 300 North "D" Street, San Ber- nardino, 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; Deputy City Attorney Empeno, City Clerk Clark, Acting City Administrator Robbins. Absent: None. Also present were: Cable Television Commissioners Russ Lackner, Stephanie Congdon, Bob Senor, Jack Holmes; Dean Gray, Cabletelevision Coordinator. . 5 8/15/88 ,. . LUNCHEON WORKSHOP - CABLE TELEVISION COMMISSION - DISCUSSION OF TELECOMMUNICATIONS This is the time and place set for a shop with the Cable Television Commission of telecommunications. luncheon work- for discussion (58) Dean Gray, Cabletelevision Coordinator, presented a recommendation that the Cable Television Division do a nightly newscast about local news of the Ci ty of San Bernardino. He answered questions regarding who would write the newscast and its proposed format. Mr. Gray stated that the closing segment would be a twelve-minute show on positives within the community. Members of the commission spoke regarding the pro- posal for local news. Dean Gray answered questions regarding the audit and Section 14.08 of the Municipal Code concerning regulation of franchises. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. . Commissioner Lackner spoke regarding the need legal assistance from the City Attorney concerning audit and other cable television matters. for the Deputy City Attorney Empeno stated that he would get a report back to the Council as soon as possible. Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the Cable Television Commission be given authority to pursue the concept of a local news broadcast. Dean Gray answered questions regarding the amount of religious programming on the access channel, stating that churches are given 13 total hours of available program- ming on the following days: Tuesday from 8:00 p.m. - 10:00 p.m.; Thursday from 8:00 p.m. to 10:00 p.m. and on Sundays. COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council Meeting. . 6 8/15/88 . RECESS WORKSHOP At 1:20 p.m., Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the workshop recess to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 2:04 p.m., Mayor Wilcox called the Regular Meet- ing 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 Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: None. . APPEAL HEARING - PLANNING COMMISSION'S APPROVAL OF TENTATIVE TRACT 13619 - APPLICANT DAVID MLYNARSKI, MONNIG DEVELOPMENT, INC. - OWNER J. E. BONADIMAN & ASSOCIATES - VERDEMONT DRIVE AND OLIVE AVENUE This is the time and place set for an appeal hearing concerning the Planning Commission's Conditions of Approval for Tentative Tract 13619, a 9.3 acre site at the southwest corner of Verdemont Drive and Olive Avenue, requested by David Mlynarski, Vice President of Planning for Monnig Development, Inc. on behalf of J. E. Bonadiman & Associates, the owner. (65) At the Planning Commission meeting held July 5, 1988, the adoption of a Negative Declaration and a re- quest subject to Findings of Fact and Conditions of Approval was made regarding Tentative Tract 13619. In a memorandum dated July 8, 1988, Ken Henderson, Director of Community Development, requested that Assis- tant City Engineer Klatt coordinate with the Planning Department to expedite proceedings to vacate Chestnut Avenue in the Verdemont area, to facilitate the con- struction of a storm drain and debris basin. In another memorandum dated July 8, 1988, Ken Hen- derson, Director of Community Development, described internal inconsistencies in Conditions of Approval of Tentative Tract 13619, and provided clarification and direction regarding the processing of projects in the Verdemont area. . 7 8/15/88 . In a letter dated July 12, 1988, David E: Mlynarski~ Vice President/Planning for Monnig Development, Inc:~ requested that Condition Nos. 15, 16, 37, 38 and 42 be deleted from the Planning Commi ssion' s approval of Ten- tative Tract No. 13619, stating that there are contra- dictions and excessive conditions. In a memorandum dated July 27, 1988, Michael Loehr, Interim Director of Planning, described the Conditions of Approval for Tentative Tract 13619, and recommended that Condi tion Nos. 15, 37, 38 and 42 be deleted from the Planning Commission's approval of Tentative Tract No. 13619. Mayor wilcox opened the hearing. David Mlynarski, applicant, spoke regarding Standard Requirement 44 that the developer or property owner participate in the development of a financing and imple- mentation plan for certain improvements. . Barbara Sky, 6464 Palm, spoke regarding the Con- ditions of Approval governing Tentative Tract 13619, and expressed concerns that this tract would be built without contributing to the improvements in the Verdemont area. It was explained that Standard Requirement 44 would require participation in the improvement plan prior to issuance of building permits. Council Member Council Member Miller hearing be closed. Minor made a motion, seconded by and unanimously carried, that the Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the Planning Commission's Conditions of Approval be modified by deleting Condition Nos. 15, 37, 38 and 42; that the appeal be granted except for the deletion of Condition No. 16, and that Standard Requirement 44 be added as a condition. . INTERIM POLICY DOCUMENT - CORRECTION - HIGHLAND AND DEL ROSA AVENUES - COMMERCIAL GENERAL In a memorandum dated August 3, 1988, Shauna Clark, City Clerk, explained that intent had been expressed by the Mayor and Common Council at previous meetings to change the land use designation on the Alternative "E" map from RM to CG to accommodate a theatre complex at Del Rosa and Highland Avenues, behind the old "Sages" build- ing, but that official action had not been taken. (66)' 8 8/15/88 ::!' . Council Member Miller made a motion, seconded by Council Member Flores and unanimously carr ied, that the Planning Department be instructed to correct the Pre- ferred Land Use Al terna ti ve map to change the parcel behind the old "Sages" center, south of Highland Avenue, east of Del Rosa Avenue, to CG. RES. 88-305 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 83-201, AND REPEALING RESOLUTION NO. 84-284, MODIFY- ING FEES FOR PLANNING SERVICES AND ESTABLISH- ING NEW FEES FOR PLANNING SERVICES. (38) City Clerk Clark read the title of the resolution. Council Member Miller made a motion, seconded by Council Member Maudsley, that further reading of the resolution be waived, and that said resolution be amended to correct Page 3, Line 21 to read $40, instead of $10, and that said resolution be adopted as amended. . Resolution No. 88-305 was vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam, Absent: None. adopted by the following Estrada, Reilly, Flores, Miller. Noes: None. APPOINTMENT - FINE ARTS COMMISSION - ESTHER MATA In a memorandum dated August 2, 1988, Mayor Wilcox requested the appointment of Esther Mata, 930 W. Edgehill Road, San Bernardino, California, to the Fine Arts Com- mission. (B) Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the appointment of Esther Mata to the Fine Arts Commission, as requested by Mayor Evlyn Wilcox, be approved. APPROVAL OF COUNCIL MINUTES - JULY 13, 1988 - AUGUST 1, 1988 Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that the minutes of the meetings of the Mayor and Common Council of the City of San Bernardino which were held July 13, 1988, and August 1, 1988, be approved as submitted in typewritten form. (1) . 9 8/15/88 . FEE INCREASE BY CIVIC LIGHT OPERA ASSOCIATION FOR USE OF CALIFORNIA THEATRE - CONTINUED FROM AUGUST 1, 1988 In a memorandum dated June 15, 1988, Thelma Press, Cultural and International Affairs, stated that a pro- posed 15% fee increase by the San Bernardino Civic Light Opera Association for use of the California Theatre was recommended for approval by the Fine Arts Commission. (2) Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that the request from the San Bernardino Civic Light Opera Association to increase its fees for use of the Cali- fornia Theatre by 15%, be continued to September 6, 1988. . FIRE PREVENTION INSPECTION FEE - SETTING OF PUBLIC HEARING In a memorandum dated July 25, 1988, Fire Chief Newcombe recommended the institution of a Fire Prevention Inspection Fee. He stated that no increase has been made in Fire Prevention Division personnel since 1978, and the increase in construction has made it impossible for re- quired fire inspections to be conducted by the current personnel. The proposed fee will fund two inspectors and one clerk. (3) Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that a public hear ing be set for September 6, 1988, at Iii!: Ii!Ii! a.m., for discussion relative to instituting a Fire Pre- vention Inspection Fee Schedule. CODE COMPLIANCE OFFICER POSITION FILLING - ALLEGED IMPROPRIETY - ED LEHMAN, AFSCME, ON BEHALF OF JIM CLARK, GENERAL BUILDING INSPECTOR In a letter dated July 6, 1988, Ed Lehman, Union Representative for AFSCME, made allegations on behalf of Jim Clark, General Building Inspector, that improprie- ties in the civil Service practice had occurred regarding the fi 11 ing of a Code Compl iance Officer posi tion in 1987. (4) Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that a hearing be set for 9:31i! a.m., September 19, 1988, for the purpose of discussing allegations of alleged improprie- ties with regard to the filling of a Code Compliance Officer position in 1987. . Iii! 8/15/88 --r . GRADE CROSSING NO. 2-83.9 - PEPPER AVENUE - NEGATIVE DECLARATION In a memorandum dated July 27, 1988, Acting City Engineer Klatt stated that the Environmental Review Com- mittee recommended adoption of a Negative Declaration for the installation of flashing lights and automatic gates on the Pepper Avenue crossing with the Santa Fe Railway. (5) Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that the Negative Declaration for improvement of Grade Crossing No. 2-83.9 on Pepper Avenue, be adopted; and that a finding be made that the improvement of Grade Crossing No. 2-83.9 on Pepper Avenue is consistent with the Interim Policy Document. . VACATION OF ALLEYS - BETWEEN 28TH STREET AND CAJON BOULEVARD - BETWEEN MEDICAL CENTER DRIVE AND CALIFORNIA STREET - AUTHORIZATION TO PROCEED AND PLAN APPROVAL In a memorandum dated August 2, 1988, City Engineer Hardgrave provided observations regarding the feasibility of the proposed vacation of two alleys located between Medical Center Drive and California Street, and between 28th Street and Cajon Boulevard as suggested by the Police Department in order to limit access to the rear of the properties. (8) Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that the Director of Public Works/City Engineer and City Clerk be authorized to proceed with the proposed vacation of those certain alleys located between 28th Street and Cajon Boulevard, and Medical Center Drive and California Street. CONTRACT - B-1 ENTERPRISE CORPORATION - HANDICAPPED RAMPS INSTALLATION - APPROVAL AND ACCEPTANCE OF WORK In a memorandum dated August 4, 1988, Roger Hard- grave, City Engineer, stated that all work under contract with B-1 Enterprise Corporation for the installation of handicapped ramps at various locations, has been satis- factor i ly completed as of July 21, 1988, for a final contract price of $19,058.00. (9) . 11 8/15/88 'f, . Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that the work performed by the contractor in accordance with Plan No. 7306 for the installation of handicapped ramps at various locations, be approved and accepted; and that final payment be authorized at the expiration of the lien periOd. CONTRACT - FERNANDO ORTEGA CONSTRUCTION - HANDICAPPED RAMPS, VARIOUS MINOR ITEMS OF WORK - ANNE SHIRRELLS PARK - CHANGE ORDER NO. TWO - APPROVAL AND ACCEPTANCE OF WORK In a memorandum dated August 3, 1988, Roger Hard- grave, City Engineer, listed items of extra work per- formed by Fernando Ortega Construction, which arose during construction at Anne Shirrells Park. No contin- gency funds were included within the project budget. (10) Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that the transfer of $1,452.64 from Account No. 241-361-57268, "Sixth Ward Park Extension Fund," to Account No. 243- 363-57503, "Rio Vista Park Development", be approved; that Change Order No. Two to the contract with Fernando Ortega, for construction of Phase II-B of Rio vista (Anne Shirrells) Park, in accordance with Plan No. 7fiJ38, be approved; that the contractor be authorized to perform various minor items of extra work, and delete various minor items of work, for a net increase in contract price of $1,452.64, from $331,916.50 to $333,369.14. . BOARD OF BUILDING COMMISSIONER RESOLUTIONS - MEETING OF JULY 1, 1988 Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that the following Board of Building Commissioners' resolutions be filed: (12) BBC 1216 BBC 1217 BBC 1220 BBC 1222 BBC 1223 BBC 1224 BBC 1225 BBC 1226 BBC 1227 . Jose A. Paniagua Josephine Montag Sirithorn Chaumpluke Golden Pac Trust Deed Service George & Ola Barrientes Robert Thomas Adrian & Helen Ramirez Alfonso & Saleta Luna Alfonso S. Luna 12 1771 W. Mallory 243 E. 48th Street 765 E. Mill Street 838 San Jacinto 851 E. Mill Street 138 E. Olive 268 S. Allen Street 999 W. Eighth Street lfiJfiJ5 W. Eighth Street 8/15/88 . CLAIMS AND PAYROLL Pursuant to a memorandum dated July 29, 1988, from Andy Green, Acting Director of Finance, Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that the claims and payrolls, and the authorization of the issuance of warrants listed by the Director of Finance, be approved. (13) PERSONNEL ACTIONS Pursuant to a memorandum dated August 4, 1988, from Gordon Johnson, Director of Personnel, Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that the personnel actions sub- mitted in accordance with all administrative regulations of the City of San Bernardino, be approved. (14) COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. . STORM DRAIN - DEL ROSA AVENUE, FROM FOOTHILL TO BONITA VISTA DRIVES - NEGATIVE DECLARATION - FINDING OF CONSISTENCY WITH INTERIM POLICY DOCUMENT - DRAINAGE PROBLEM ON LA HACIENDA In a memorandum dated August 3, 1988, Roger Hard- grave, City Engineer, stated that a Negative Declaration for the installation of a storm drain in Del Rosa Avenue, from Foothill to Bonita Vista Drives to correct drainage problems on La Hacienda Drive, Public Works Project No. 88-17, was recommended by the Environmental Review Com- mittee. (7) In a memorandum dated April 8, 1988, James Penman, City Attorney, advised the City Engineer of the City's potential liability if it undertakes action to alleviate the drainage problem occurring on the private property of a Mrs. Damus from a natural spring. Water from the spring imparts to a number of houses on La Hacienda Drive, near its intersection with El Camino Drive. The responsibility for the maintenance of the easements and on-going liability for any drainage problems caused by the natural spring would become a City problem. . Jim Richardson, Deputy City Administrator/Develop- ment Serv ices, noted on the staff report from the Ci ty Engineer, that the City Engineer endorses the project and acknowledges the concern of the City Attorney regarding a potential liabili ty to the ci ty, but feels an easement and hold harmless agreements can be obtained to meet the concerns of liability. An Initial Study for Environmen- tal Review was prepared by the Planning Department for the Department of Public Works. 13 8/15/88 . Discussion ensued regarding a neighborhood meeting with property owners in the area concerning the drainage problem. Council Member Maudsley made a motion, seconded by Council Member Miller and unanimously carried, that the matter concerning the installation of a storm drain in Del Rosa Avenue, from Foothill to Bonita Vista Drives, be continued to the September 19, 1988, Regular Meeting of the Mayor and Common Council of the City of San Bernar- dino. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meet- ing and took her place at the Council Table. ANIMAL CONTROL - REAFFIRMATION OF PROCEDURES - MEASURE HH In a memorandum dated August 5, 1988, City Attorney Penman stated that at the July 21, 1988, meeting of the Legislative Review Committee, the recommendation was made for official endorsement of the current availability and adoption pOlicies of the Animal Control Department of the City of San Bernardino. (11) . Concerns were raised regarding the City's compliance with Measure HH as set forth in a document titled, "City of San Bernard ino Animal Control Procedure Guidel ines" , and procedure guidelines of the animal shelter which 1 imi t the sale of animal s for research through methods which include restricting the hours for selection of animals by researchers. Council Member Reilly made a motion, seconded by Council Member Flores, that the procedures of the City of San Bernardino's Animal Control Division be referred back to the Animal Control Advisory Commi ttee for a report back to the Council in 45 days (October 3, 1988), with suggestions on loosening restrictions. The motion Council Members Ludlam, Miller. None. carried Estrada, Noes: by the Reilly, Council following vote: Ayes: Flores, Maudsley, Pope- Member Minor. Absent: COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. . 14 8/15/88 . VACATION OF MEYERS ROAD, WEST OF LITTLE LEAGUE DRIVE - ADOPTION OF NEGATIVE DECLARATION In a memorandum dated July 27, 1988, Gene Klatt, Acting Director of Public Works/Engineering, stated that the Environmental Review Committee has recommended adoption of a Negative Declaration for Public Works Pro- ject No. 88-20, the vacation of a portion of Meyers Road, west of Little League Drive, based on an Initial Study. (6) A new Meyers Road was dedicated to the City when the final map for Tract No. 11118 was adopted in December, 1984, which indicated that the old Meyers Road would be vacated after construction of the new road was completed. Old Meyers Road was then closed to vehicular traffic, and has not been reopened since. No period. ject to comments were received during the public review The Planning Department has determined the pro- be consistent with the Interim Policy Document. . City Engineer Hardgrave answered questions the need for secondary access in the area. that the construction of the new Meyers Road, sac, has been completed. regard ing He sta ted a cul-de- Acting Ci ty Administrator Robbins was requested to provide information regarding secondary access to the area, and advise if the proposed vacation provides for two lots to become legal si ze, as wi thout the street vacation the two lots would be substandard. Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the matter concerning the vacation of a portion of Meyers Road, west of Little League Drive, be continued to the September 6, 1988, Regular Meeting of the Mayor and Com- mon Council of the City of San Bernardino. CITY ATTORNEY PENMAN EXCUSED City Attorney Penman left the Council Meeting and was replaced by Deputy City Attorney Wilson. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. . 15 8/15/88 . APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER TO VACATE, SECURE AND DEMOLISH - 765 N. "0" STREET - ALBERT MAMLOUK, APPELLANT - EARL KORCHAK, OWNER This is the time and place set for an appeal hearing regarding the Board of Building Commissioner's order to vacate, secure and demolish the building at 765 N. "0" Street, requested by Albert Mamlouk, a tenant of the building owned by Earl Korchak. (15) In a memorandum dated July 27, 1988, Mark Sutton, Director of Building and Safety, provided a history of the unreinforced masonry building located at 765 North "0" Street. After a structural analysis was made of the building, finding that it could not withstand or resist minimum seismic forces, the owner notified his tenants of the City's intent to demolish the building if it was not rehabitable. All tenants vacated the premises with the exception of Mr. Albert Mamlouk, who operates a small grocery store in the bui ld ing . . In a letter dated November 13, 1987, to Mr. Earl Korchak, property owner, Frank Tracadas, Civil Engineer, provided an evaluation of the structural features of the building. He stated it is possible to strengthen por- tions of the building that do not meet minimum code re- quirements, but it was his opinion that it may not be economically feasible. In a letter dated July 29, 1988, Earl Korchak re- quested an additional 45 days to allow time for a con- clusive determination regarding the economic feasibility of retrofitting the building. In a letter dated August 3, 1988, Z. John Szekely, a registered Professional Engineer, evaluated that the structural features of the building adequately resist minimum forces which may be imposed by normal use or seismic occurrence. He stated that he has been retained to provide design calculations and drawings for the re- habilitation of the building, which will be completed within 20 days. . In a letter dated August 5, 1988, W. R. Holcomb, attorney representing Mr. Mamlouk, requested that a com- pan ion matter regard ing the transfer of Mr. Mamlouk' s off-sale beer and wine license to a neighboring building, be considered at the same time as the appeal of the Board of Building Commissioners' action. 16 8/15/88 . Mayor wilcox opened the hearing. Mark Sutton, Director of Building & Safety; provided photographs of the building located at 765 North "D" Street, and answered questions regarding the background of the appeal. W. R. Holcomb, attorney for Mr. Mamlouk, stated that he has the assurance of a local engineer that the safety of the building is not an issue. The Director of Building & Safety spoke regarding the City's responsibility in protecting life and limb, and provisions of the Uniform Building Code. Attorney Holcomb stated tha t Mr. Mamlouk has not received any notices from the City regarding the build- ing, although he has a vested interest as he is a leasee. He stated that the building was given a Certificate of Occupancy by the Building & Safety Department in 1986. He requested a reasonable opportunity to retrofit the building or move next door, and spoke regarding the tran- sfer of the off-sale beer and wine license of the market. . John Wilson, Deputy City Attorney, answered ques- tions, stating that discussion of the transfer of a beer and wine 1 icense is not appropr ia te under thi s appeal hearing regarding the demolition of a building. Earl Korchak, building owner, stated that he had made a determination that it was not economically fea- sibile to retrofit the building and he notified tenants to move. He was notified that Mr. Mamlouk finds it very difficult to move his business. Through the efforts of a property manager, he spoke with another structural engi- neer who indicates that, subject to payment of a fee, he will draw up plans for retrofitting the building as it is the engineer's opinion that it may be economically fea- sible to retrofit. Mr. Korchak requested additional time for this to take place. The Director of Building & Safety answered questions regarding the unsafe condition of the property. Attorney Holcomb stated tha t Mr. Mamlouk plans to retrofit the building if the owner does not. . 17 8/15/88 . Deputy Ci ty Attorney wi lson expressed concern re- garding the City's liability during the time extension. He stated that the entire liability should be transferred to the other parties, holding the City harmless. The City should be named as an insured and the building should not be occupied until the documents are in hand. Mark Sutton, Director of Building & Safety, stated that the August 3, 1988, letter from Professional Engi- neer Szekely is an opinion, and not supported by any data. He spoke regarding the provision of a disclaimer on the property. Council Member Estrada made a motion, seconded by Council Member Miller, that the appeal hearing be closed; that Mr. Mamlouk be granted a 30-day extension on two conditions: 1. Within 72 hours, Mr. Mamlouk be required to provide a Certificate of Insurance, naming the City as an additional insured during the 30-day extension period; 2. During the 72-hour period, only Mr. Mamlouk may enter the building, and only if he executes a hold harmless agreement at the City Attorney's Office; no third party or other tenants are allowed to enter the building during the 72 hours. . The motion Council Members Ludlam, Miller. None. carried Estrada, Noes: by the Reilly, Council following vote: Ayes: Flores, Maudsley, Pope- Member Minor. Absent: RECESS MEETING - CLOSED SESSION At 3:25 p.m., Council Member Flores made a motion, seconded by Council Member Miller and unanimously car- ried, that the meeting recess to Closed Session pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally to which the City is a party as follows: (71) Mallek vs. City of San Bernardino, et al - United States District Court (Central District) Case No. 97-1615 AWT (Bx). CLOSED SESS ION At 3:25 p.m., Mayor Wilcox called the Closed Session to order in the Conference Room of the Council Chambers, Ci ty Hall, 300 North "D" Street, San Bernardino, Cal i- fornia. . 18 8/15/88 . ROLL CALL Roll Call was taken by City Clerk Clark with the fOllowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, Acting City Administrator Robbins. Absent: City Clerk Clark. Also present were: Attorney Walt Farmer. Assistant City Attorney Brue; DEPUTY CITY CLERK LANG ARRIVED Deputy City Clerk Lang arrived in the Closed Ses- sion. RECESS CLOSED SESSION At 3: 35 p.m., the Closed Session recessed Regular Meeting of the Mayor and Common Council City of San Bernardino. to the of the RECONVENE MEETING At 3:35 p.m., Mayor Wilcox called the Regular Meet- ing to order in the Conference Room 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 Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, City Clerk Clark, Acting City Administrator Robbins. Absent: None. RES. 88-306 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONSENTING TO THE EXECUTION OF A THIRD AMENDMENT TO PARKING LICENSE AND EASE- MENT WITH OPTIONS RIGHTS BETWEEN THE COMMUN- ITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AND CENTRAL CITY COMMERCE CENTER. (R-15) City Clerk Clark read the title of the resolution. Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. . 19 8/15/88 . Resolution No. 88-306 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Mi ller. Noes: None. Ab- sent: None. COUNCIL MEMBERS REILLY, MAUDSLEY AND POPE-LUDLAM EXCUSED Council Members Reilly, Maudsley and Pope-Ludlam left the Council Meeting. HEARING - FEE CHANGES - USE OF BUILDINGS, SPORTS FACILITIES AND RECREATIONAL FACILITIES This is the time and place set for a hearing con- cerning the modification of fees for the use of buildings and sports facilities, and increasing fees for recrea- tional facilities. (16) In a letter dated July 6, 1988, Annie Ramos, Director of Parks, Recreation and Community Services, provided information regarding proposed modifications and increases in the fees. Mayor Wilcox opened the hearing. . Ci ty Clerk Clark stated that no letters of opposi- tion had been received. RES. 88-307 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 86-480 ENTITLED IN PART "RESOLUTION...MODIFYING FEES FOR... USES OF BUILDINGS, SPORTS FACILITIES ... INCREASING FEES FOR RECREATIONAL FACILI- TIES," AND SETTING FEES FOR CERTAIN RECREA- TION CENTER FACILITIES AND FOR ALCOHOL PER- MITS. (16) City Clerk Clark read the title of the resolution. Council Member Estrada made a motion, seconded by Council Member Flores, that the hearing be closed; that further reading of the resolution be waived and that said resolution be adopted. Resolution No. 88-307 was vote: Ayes: Council Members Miller. Noes: None. Absent: Maudsley, Pope-Ludlam. adopted by the following Estrada, Flores, Minor, Council Members Reilly, . 20 8/15/88 . COUNCIL MEMBERS REILLY AND MAUDSLEY RETURNED Council Members Reilly and Maudsley returned to the Council Meeting and took their places at the Council Meeting. HEARING - FEE INCREASE - REFUSE ROLL-OFF CONTAINER CHARGES This is the time and place set for a hearing rela- tive to a proposed increase in refuse roll-off container charges. (17) In a letter dated August 8, 1988, Manuel Moreno, Jr., Director of Public Services, stated that the land- fill tipping fees have been increased by the County, and the refuse charge currently being made by the Ci ty will not cover the additional increase for roll-off containers. He made the fOllowing recommended rate changes: . Rate Per Size of Container Res. 87-207 Recommended Rate 10 Cubic Yards $52.50 $ 63.00 (Legal Tonnage) 20 Cubic Yards $72.00 $ 88.00 (6 Ton Max) 30 Cubic Yards $80.00 $110.00 (9 Ton Max) 40 Cubic Yards $90.00 $130.00 (Legal Tonnage) Mayor Wilcox opened the hearing. Ci ty Clerk Clark stated that no protests had been received. RES. 88-308 - RESOLUTION OF THE CITY OF SAN BERNARDINO FIXING AND DETERMINING THE FEES AND CHARGES TO BE CHARGED FOR THE COLLECTION AND DISPOSAL OF REFUSE, AND REPEALING RESOLU- TION NO. 87-207 AND AMENDMENTS THERETO. (17) City Clerk Clark read the title of the resolution. Council Member Flores made a motion, seconded by Council Member Reilly, that the hearing be closed; that further reading of the resolution be waived and that said resolution be adopted. Resolution No. 88-308 was vote: Ayes: Council Members Maudsley, Minor, Miller. Noes: Member Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, None. Absent: Council . 21 8/15/88 I . COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. CITY ATTORNEY PENMAN RETURNED City Attorney Penman returned to the Council Meeting and replaced Senior Assistant City Attorney Barlow. APPEAL HEARING - UNDERGROUNDING OF EXISTING OVERHEAD UTILITIES REQUIREMENT - 40TH STREET AND MT. VIEW AVENUE - L & M DEVELOPMENT GROUP - PAUL MAX This is the time and place set for an appeal hearing concerning the requirement of undergrounding of existing overhead utility lines for a retail center at the south- east corner of 40th Street and Mt. View Avenue, filed by Paul Max of the L & M Development Group. (18) In a letter dated July 13, 1988, Paul Max of the L&M Development Group, appealed the undergrounding of utili- ties requirement, as Res. 88-65 adopted March 8, 1988, exempts any property of a single lot development of one acre or less from the requirement. . In a memorandum dated July 26, 1988, Gene Klatt, Acting City Engineer, made several observations regarding the appeal of the undergrounding of utility requirement, stating no objections to the deletion of the requirement for this project, for which building permits were obtain- ed in June, 1987. Mayor wilcox opened the hearing. W. R. Holcomb, attorney representing the appellant, spoke regarding improvements already made by the developer and the costs of the undergrounding requirement putting the completion of the project in jeopardy. Council Member Maudsley made a motion, seconded by Council Member Miller and unanimously carried, that the hearing be closed and the appeal to waive the requirement to underground uti li ties or deposi t cash in-lieu funds for the retail center on 40th Street and Mt. View Avenue, be granted. . 22 8/15/88 . APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER - REHABILITATE OR DEMOLISH - 1199 W. BELLEVIEW - FELIPE AND MARIA MARTINEZ This is the time and place set for an appeal hearing of the Board of Building Commissioners' order to rehabi- litate or demolish property at 1199 W. Be11eview, as requested by the owners, Felipe and Maria Martinez. (19) In a memorandum dated July 29, 1988, Mark Sutton, Director of Building & Safety, provided information re- garding the property, a severely fire damaged, single- family residence. Mayor wilcox opened the hearing. Director of Building & Safety Sutton answered ques- tions, stating that the property has changed ownership. The new owner, Nicholas Bobo, has paid the current abate- ment costs of $504.70 and intends to rehabil ita te the property within 60 days after pulling permits. . Council Member Maudsley made a motion, seconded by Council Member Miller and unanimously carried, that the hearing be closed; that the Board of Building Commis- sioner I s decision for the owner to obtain a rehabili- tation permit within ten days, to rehabilitate to current 1985 Building Codes within 60 days or demolish, and to incur all costs in the form of a lien on the property, be upheld. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER - REHABILITATE OR DEMOLISH - 1650 NORTH "J" STREET - NELSON KRUGER DBA K.R.A.P. This is the time and place set for an appeal hearing regarding the Board of Building Commissioners' order to rehabilitate or demolish property located at 1650 North "J" Street, as requested by Nelson Kruger. (20) In a memorandum dated July 29, 1988, Mark Sutton, Director of Building & Safety, provided information re- garding the property, stating that current costs are $501. 90. Mayor Wilcox opened the hearing. . 23 8/15/88 I . Director of Building & Safety Sutton answered ques- tions, stating that the owner of the property has indicated that ten days to pull permits and a 60-day extension to complete the rehabilitation of the property is sufficient. The payment of the current costs of $501.90 is required to be paid prior to issuance of the permits. Nelson Kruger, P. O. Box 155, Duarte, stated that he had not received any correspondence regarding the pro- perty and was told of the decision of the Board of Build- ing Commissioners when he attempted to pull permits to rehabilitate the property on July 5, 1988. He answered questions, stating that he has owned the property since March or April of 1987, and that according to neighbors, the property has been vacant 11 years. . Council Member Reilly made a motion, seconded by Council Member Miller, that the hearing be closed; that the Board of Building Commissioners' decision for the owner to obtain a rehabilitation permit within ten days and to rehabilitate to current 1985 Building Codes within 60 days or demOlish, and to incur all current and future costs in the form of a lien on the property, be upheld. The motion Council Members Ludlam, Miller. None. carried by the following vote: Ayes: Estrada, Reilly, Maudsley, Minor, Pope- Noes: Council Member Flores. Absent: RECESS MEETING At 4:15 p.m., minute recess of the Mayor Wilcox meeting. called for the fi ve- RECONVENE MEETING At 4:29 p.m., Mayor Wilcox called the Regular Meet- ing to order in the Council Chambers of Ci ty 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, Pope-Ludlam, Miller; City Clerk Clark, Acting City Administrator Robbins. Absent: Council Member Estrada; City Attorney Penman. READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of the resolutions on the agenda. . 24 8/15/88 . Council Member Miller made a motion; seconded by Council Member Flores and unanimously carried, that fur- ther reading of the resolutions be waived. RESOLUTION OF THE CITY OF SAN BERNARDINO RENEWING THE COMMITTMENT TO COMPLETE DEVELOP- MENT OF THE PATTON PARK PROPERTY AND TO DESIGNATE THE PARK DEVELOPMENT FEE FUND, AND THE CITY'S ALLOCATIONS THROUGH STATE AND/OR FEDERAL PARK DEVELOPMENT FUNDS AS POTENTIAL SOURCES FOR FUNDING THE COMPLETION. (Con- tinued from August 1, 1988) (21) Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be continued to the Regular Meeting to be held September 6, 1988. Council Member Miller made a motion, seconded by Council Member Maudsley, that the following resolutions be adopted: . RES. 88-309 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING LINE EXTENSION POLICY STANDARDS FOR NON-CABLED POCKETS WITHIN THE CITY OF SAN BERNARDINO. (22) RES. 88-310 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CASA RAMONA, INC. RELATING TO FINANCIAL ASSISTANCE FOR FISCAL YEAR 1988-89 (FOOD & MEDICAL PROGRAM). (23) RES. 88-311 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZ ING THE EXECUTION OF AN AGREEMENT WITH CASA RAMONA, INC. RELATING TO FINANCIAL ASSISTANCE FOR FISCAL YEAR 1988- 1989 (SUPPORT SERVICES). (24) RES. 88-312 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CASA RAMONA, INC. RELATING TO FINANCIAL ASSISTANCE FOR FISCAL YEAR 1988- 1989 (SENIOR CITIZENS PROGRAM). (25) Resolution Nos. 88-309, 88-310, 88-311 and 88-312 were adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Estrada. . 25 8/15/88 . CITY ATTORNEY PENMAN RETURNED Ci ty Attorney Penman returned to the Council Meet- ing. INSURANCE - RESOLUTIONS GRANTING FUNDING AGREEMENTS City Attorney Penman advised that insurance has not been required for the funding agreements proposed in resolutions listed as Items 26 - 32 on Page 9 of the Agenda, as requiring insurance would not be cost effec- tive since the funding is in small amounts. He answered questions regarding the small amount of liability to which the City will be exposed as result of the proposed agreements. Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly, that the following resolutions be adopted: . RES. 88-313 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MERRI-MIXERS RELATING TO FINANCIAL ASSISTANCE FOR FISCAL YEAR 1988- 1989. (26) RES. 88-314 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZ ING THE EXECUTION OF AN AGREEMENT WITH FAMILY SERVICE AGENCY RELATING TO FINANCIAL ASSISTANCE FOR FISCAL YEAR 1988- 1989. (27) RES. 88-315 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH FRAZEE COMMUNITY CENTER RELAT- ING TO FINANCIAL ASSISTANCE FOR FISCAL YEAR 1988-1989. (28) Annie Ramos, Director of Parks, Recreation and Com- munity Services, answered questions regarding the use of the funds towards emergency food at Frazee Community Center. RES. 88-316 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ROLLING START, INC. RELATING TO FINANCIAL ASSISTANCE FOR FISCAL YEAR 1988- 1989. (29) . 26 8/15/88 . RES. 88-317 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZ ING THE EXECUTION OF AN AGREEMENT WITH BOYS CLUB OF SAN BERNARDINO, INC. RELATING TO FINANCIAL ASSISTANCE FOR FISCAL YEAR 1988-1989. (30) RES. 88-318 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE COUNTY OF SAN BERNARDINO ACTING AS THE AREA AGENCY ON AGING RELATING TO FUNDING FOR A SENIOR NUTRITION PROGRAM. (31) RES. 88-319 - RESOLUTION OF THE CITY BERNARDINO AUTHORIZING THE EXECUTION AGREEMENT WITH ARNOLD M. STEIN, M.D., ING TO MEDICAL SERVICES. OF SAN OF AN RELAT- (32) Resolution Nos. 88-313, 88-314, 88-315, 88-316, 88-317, 88-318 and 88-319 were adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Coun- cil Member Estrada. . Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the following resolutions be continued to the Regular Meeting to be held September 6, 1988: RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE GENERAL EMPLOYEES BARGAINING UNIT OF THE CITY OF SAN BERNARDINO REPRE- SENTED BY AFSCME. (36) RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 6413 ENTITLED IN PART "A RESOLUTION.. .ESTABLISHING A BASIC COMPEN- SATION PLAN.....; BY PROVIDING A 3% WAGE IN- CREASE FOR SAID GENERAL EMPLOYEES RETROACTIVE TO THE PAYROLL PERIOD BEGINNING JULY 4, 1988, AS PART OF THE NEGOTIATED MEMORANDUM OF UNDERSTANDING. (Continued from August 1, 1988) (37) Council Member Miller made a motion, seconded by Council Member Maudsley, that the following resolutions be adopted: . 27 8/15/88 . RES. 88-320 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 EN- TITLED IN PART "A RESOLUTION...ESTABLISHING A BASIC COMPENSATION PLAN.. ."; BY ADDING THE CLASSIFICATION OF SENIOR CODE COMPLIANCE OFFICER, Rl1l6 ($2383 - 2903/MO.) AND DELET- ING THE CLASSIFICATIONS OF SENIOR CUSTODIAN, SENIOR PARKING CONTROL CHECKER, SENIOR DATA SYSTEM OPERATOR, ENERGY MANAGEMENT COORDI- NATOR AND SURVEY PARTY CHIEF. (33) RES. 88-321 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION...ESTABLISHING A BASIC COMPENSATION PLAN..."; BY ADDING THE CLASSIFICATION OF CODE COMPLIANCE SUPERVISOR, R2l4l ($2621 - 3529/MO.). (34) RES. 88-322 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 6413 ENTITLED IN PART "RESOLUTION...ESTABLISHING A BASIC COMPENSATION PLAN..." BY ADDING THE POS ITIONS OF SENIOR LIBRARIAN (PART-TIME); LIBRARIAN (PART-TIME) AND LIBRARY CLERK (PART-TIME). (35) . Resolution Nos. 88-320, 88-321 and 88-322 were adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Estrada. Council Member Flores made a motion, seconded by Council Member Maudsley, that the following resolutions be adopted: RES. 88-323 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 EN- TITLED IN PART, "A RESOLUT ION. .. PROHIBIT ING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF..." TO ESTABLISH A NO PARK- ING ANYTIME ZONE ON "G" STREET BETWEEN RIALTO AVENUE AND MILL STREET. (39) RES. 88-324 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 EN- TITLED, IN PART, "A RESOLUTION...PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF..." TO ESTABLISH A NO PARK- ING ANYTIME ZONE ON WATERMAN AVENUE BETWEEN MILL STREET AND FIFTH STREET. (40) . 28 8/15/88 . RES. 88-325 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 655, EN- TITLED, IN PART "A RESOLUTION.. .DESIGNATING CERTAIN STREETS AS THROUGH HIGHWAYS"; AND AUTHORIZING THE INSTALLATION OF STOP SIGNS ON "I" STREET AT ITS INTERSECTION WITH THIRTIETH STREET. (41) RES. 88-326 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUT ION NO. 2482 EN- TITLED IN PART "A RESOLUTION...DESIGNATING CERTAIN STREET INTERSECTIONS WHERE A STOP IS REQUIRED..."; AND AUTHORIZ ING THE REMOVAL OF STOP SIGNS ON THIRTIETH STREET AT ITS INTER- SECTION WITH "I" STREET. (42) . RES. 88-327 - A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF ASSESSMENT DISTRICT NO. 959 BY EXPANDING THE SCOPE THEREOF TO INCLUDE MAIN- TENANCE OF LANDSCAPING OF ADDITIONAL TERRI- TORY IN THE DISTRICT IN THE SHANDIN HILLS AREA; ORDERING THE AMENDMENT AND EXPANSION OF THE SCOPE OF THE DISTRICT AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITA- TION ACT OF 1931 SHALL NOT APPLY AND APPROV- ING AMENDED ASSESSMENT DISTRICT DIAGRAM MAP NO. 959. (44) Resolution Nos. 88-323, 88-324, 88-325, 88-326 and 88-327 were adopted by the following vote: Ayes: Coun- cil Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Estrada. RESOLUTION OF THE CITY OF SAN BERNARDINO SUPPORTING THE DES IGN REVIS ION TO THE ROUTE 313/3313 INTERCHANGE BY ELIMINATING ACCESS AT PACIFIC STREET AND CREATING ACCESS AT CENTRAL AVENUE. (43) Roger Hardgrave, City Engineer, answered questions. Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be continued to the Regular Meeting to be held September 6, 1988, at 2:1313 p.m. so that Caltrans can present a map of the freeway plans. . 29 8/15/88 . Council Member Mi ller made a motion, seconded by Council Member Flores, that the following resolutions be adopted: RES. 88-328 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 8234, ENTITLED, IN PART, "A RESOLUTION...TO REMOVE THE TWO-HOUR PARKING LIMITATION ON THE WEST SIDE OF "E" STREET BETWEEN FIFTH STREET AND CHURCH STREET. (45) RES. 88-329 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 EN- TITLED IN PART, "A RESOLUTION... PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF...TO ESTABLISH A NO PARKING ANYTIME ZONE ON "E" STREET, BETWEEN FOURTH STREET AND CHURCH STREET. (46) . RES. 88-33B - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LICENSE FOR CENTRAL CITY ASSOCIATES TO CON- STRUCT AN IMPROVED FACADE WITHIN THE PUBLIC AREA ON THE SOUTH SIDE AND EAST ENTRANCE OF THE CENTRAL CITY MALL. (47) RES. 88-331 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZ ING THE EXECUTION OF AN AGREEMENT WITH CENTRAL CITY COMPANY FOR FINANCIAL PARTICIPATION IN THE IMPROVEMENT OF INTERIOR PUBLIC AREAS OF THE CENTRAL CITY MALL AND GRANTING A LICENSE FOR ENTRY UPON THE PUBLIC AREA FOR PURPOSES OF CONSTRUCTING SUCH IMPROVEMENTS. (48) Resolution Nos. 88-328, 88-329, 88-33B and 88-331 were adopted by the following vote: Ayes: Council Mem- bers Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Estrada. READING AND WAIVING OF ORDINANCES Ci ty Clerk Clark read the ti tIes of the ord inances on the agenda. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that further reading of the ordinances be waived. . 3B 8/15/88 . ORD. MC-633 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO AMENDING SECTION 19.60.100 SUBSECTIONS A AND B OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING TEMPORARY SIGNS. (49) Council Member Reilly made a motion, seconded by Council Member Maudsley, that said ordinance be adopted. Ordinance MC-633 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Estrada. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 6.24.010 THROUGH 6.24.060; AND 6.24.170 THROUGH 6.24.180; ADDING SECTION 6.24.190 AND REPEALING SECTION 6.24.080 OF THE SAN BERNARDINO MUNIC IPAL CODE LIMIT ING THE NUMBER OF CATS PERMITTED; REQUIRING A LICENSING FEE FOR CATS; PROHIBITING CATS RUNNING AT LARGE WITHOUT TAGS; AND REQUIRING THE VACCINATION OF CATS. (Final) (50) . Debbie Biggs, Director of Animal Control, answered questions regarding reduced rates for the vaccination of pets belonging to senior citizens. She demonstrated cat collars that release or stretch over the cat's head when strained, preventing cats from getting hung up on fences or brush. Lucille Otto, P. O. Box 1263, San Bernardino, spoke in favor of cats and presented a report concerning health issues regarding cats. Out of 166 cases of rabies last year, only one case was wi thin the Sta te of Cal i- fornia. Discussion was held concerning letters and phone calls received from the public concerning the ordinance. Debbie Biggs provided information regarding alter- native methods of animal identification. Helen Kopczynski, 8150 against the ordinance and in provide in rodent control. Cable Canyon favor of the Road, spoke service cats Counc il Member Flores made a motion, seconded by Council Member Miller, that said ordinance be adopted. . 31 8/15/88 " . The motion failed by the following vote: Council Members Flores, Pope-Ludlam, Miller. Council Members Reilly, Maudsley, Minor. Absent: cil Member Estrada. Ayes: Noes: Coun- ORD. MC-634 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE MAYOR AND COMMON COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALI- FORNIA PUBLIC EMPLOYEES I RETIREMENT SYSTEM, AND REPEALING ORDINANCE NUMBER MC- 63D. (51) Council Member Minor made a motion, seconded by Council Member Miller, that said ordinance be adopted. Ordinance MC-634 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Estrada. . ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST ADDING SECTION 9.913.13113 (A) (5) TO AUTHORIZE THE DIRECTOR OF BUILDING AND SAFETY AND HIS/HER DESIGNEES TO ISSUE "NOTICES TO APPEAR" AND (6) TO AUTHORIZE CITY ATTORNEY INVESTIGATORS WITH APPROVAL OF THE DIRECTOR OF BUILDING AND SAFETY TO ABATE NUISANCES PURSUANT TO CHAPTERS 15.28 AND 8.313 OF THE SAN BERNARDINO MUNICIPAL CODE AND (7) TO AUTHORIZE THE DIRECTOR OF ANIMAL CONTROL, ANIMAL LICENSE CHECKERS, ANIMAL SHELTER ATTENDANTS AND ANIMAL HEALTH TECHNICIANS TO ISSUE NOTICES TO APPEAR FOR VIOLATIONS OF TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE AND (8) TO AUTHORIZE THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER AND HIS/HER DESIGNEES TO ISSUE "NOTICES TO APPEAR" AND (B) PROVIDING CRIMINAL PENALTIES FOR THE INTERFERENCE WITH THE PERFORMANCE OF THEIR AUTHORIZED DUTIES AND (C) TO REVIEW THIS SECTION TWENTY-FOUR MONTHS SUBSEQUENT TO ITS PASSAGE. (S-4) City Clerk Clark read the title of the ordinance. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that fur- ther reading of the ordinance be waived. . 32 8/15/88 . The Mayor and Common Council discussed that the ordinance covered under S-4 on the Agenda takes the place of the ordinances covered under Items 52, 53 and 54. City Attorney Penman answered questions regarding the adoption of codes by reference. Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that said ordinance be laid over for final reading. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST AMENDING SECTION 8.36.030 SUBSECTION (A) OF THE SAN BERNARDINO MUNICIPAL CODE TO REMOVE THE EXEMPTION FROM ABATEMENT OF VEHICLES STORED BEHIND A FENCE OR WALL. (55) Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that said ordinance be laid over for final reading. . MEADOWBROOK AMATEUR BOXING ACADEMY - FUNDING - CONTINUED FROM JULY 18, 1988 In a memorandum dated July 6, 1988, Annie Ramos, Director of Parks, Recreation and Community Services, spoke regarding the costs involved ln the operation of the Meadowbrook Amateur Boxing Academy, and its need for financial assistance. (56) John Kirwan, Director of Risk Management, answered questions. Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that $1,000 from the Special Projects Account Non-Departmental, be appropriated to support the Meadow- brook Amateur Boxing Academy. FENCE ENCROACHMENT - MEYERS COURT, TRACT 11118 - BILL NILSSON In a memorandum dated August 8, 1988, Roger Hard- grave, City Engineer, provided a history of Tract 11118 regarding original conditions of approval and easements. He described a neighborhood dispute regarding the encroachment of fences into the public right-of-way along Meyers Road and Meyers Court in the Verdemont area. (63 ) . 33 8/15/88 . It is staff's recommendation that the encroachments be allowed to remain, subject to entering into a License Agreement with the City, for which an administrative fee is normally charged. In a letter dated July 27, 1988, Attorney Andrew J. Gunn, representing Bill Nilsson of Meyers Court, provided a statement by Mr. Nilsson, describing the fence encroachment problem, and requested that the City advise him of any further information. In a letter received July 29, 1988, Bill Nilsson, 7035 Meyers Court, requested that the problem surrounding the fence encroachment be placed on the Council Agenda. Roger Hardgrave, City Engineer, answered questions, stating that the fences involved in the complaint were built approximately two to three years ago. Bill Nilsson, 7035 Meyers Court, of the fence owned by his neighbor, described its detrimental effect on the prov ided pictures Lee Palmer, and neighborhood. . Roger Hardgrave, Ci ty Eng ineer, regarding sidewalks not having been rural area. answered questions required in this Bill Nilsson stated that he has taken the matter to court to get the bridle path open and access to his back- yard from the path. City Engineer Hardgrave stated that there are approximately twelve pieces of property with fences with- in twelve feet of the curb. H. Lee Palmer, 7005 Meyers Court, stated that the problem has ar i sen out of Mr. Nil sson' s des i re to dr i ve his motorized equipment on the bridle path. When the matter went to court, the jUdge told Mr. Nilsson that he could not drive his motorized equipment on the bridle path. Mr. Palmer stated that he was the last neighborhood resident to install a fence. He was told by the developer of the tract, Western Development Corporation, that the fences installed on the model homes were legal and that he built his fence accordingly. He requested that the encroachment be allowed, subject to a license agreement with the City and the payment of administrative fees. . 34 8/15/88 . City Attorney Penman answered questions. Mr; Nilsson stated that he is still in litigation to get access to the back of his property. Robert White, 3739 Meyers Road, spoke regarding access in the neighborhood, and requested the encroach- ment be allowed. City Attorney Penman answered questions regarding the City's liability due to lack of visibility caused by the encroachments. Discussion ensued regarding having an assessment district to provide sidewalks in the neighborhood. Herve Benitas, fences as they block are a lot of children 1265 Kendall, visibility when in the area. spoke against the driving and there . Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the encroachment of private facilities within the street easements in Tract No. 11118 are violations of City Codes and standards, and that the Director of Public Works/Engineering be directed to notify property owners to remove said encroachments. H. Lee Palmer stated for the record that he objects to the outcome of the matter. AYSO PARK - PACIFIC AND ORANGE STREETS - REQUEST FOR FINANCIAL SUPPORT AND MAINTENANCE - ROGER ITAYA, REGIONAL COMMISSIONER, AYSO In a memorandum dated August 2, 1988, Roger Itaya, Regional Commissioner for the AYSO, American Youth Soccer Organi za tion, requested ballf ield ma intenance and finan- cial support to alleviate the costs of maintaining the soccer fields located at 3228 E. Pacific Avenue, San Bernardino. (64) Roger Itaya, Regional Commissioner of AYSO, answered questions regarding the care of the soccer fields. Annie Ramos, Director of Parks, Recreation and Com- munity Services, answered questions, stating that the department is unable to continue maintaining the fields due to lack of manpower because the amount of City pro- perty requiring maintenance has significantly increased. . 35 8/15/88 . Discussion ensued regarding the San Bernardino City Unified School District having the necessary equipment at the fields and the possibility of having it maintain the fields. The use of Ward Funds for park improvements was discussed. Council Member Miller made a motion, seconded by Council Member Minor and unanimously carried, that the request for financial support and ballfield maintenance for the AYSO Park at Pacific and Orange Streets, be con- tinued to the Regular Meeti ng to be held September 6, 1988, with the understanding that the Mayor will contact the Chairman of the San Bernardino City Unified School District Board for assistance in mowing the field, and that the Parks, Recreation and Community Services Depart- ment will continue to mow it in the interim. RES. 88-332 - RESOLUTION OF THE CITY OF SAN BERNARDINO REQUESTING THE STATE DEPARTMENT OF GENERAL SERVICES TO LEASE SPACE TO HIGHLAND DISTRICT COUNCIL ON AGING, INC., UNDER EXIST- ING TERMS AND CONDITIONS. (S-3) City Clerk Clark read the title of the resolution. . Ci ty Attorney Penman suggested changes in the ti tIe and body of the resolution. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, that further reading of the resolution be waived and that said resolution be amended by interdelineation to change Page 1, Lines 22 and 23 to read: provide for the lease payments, and that said resolution be adopted as amended. Roberta Babage, Executive Senior Service Center, spoke provided by the agency. Director of the Highland regarding the services Resolution No. 88-332 was adopted by the vote: Ayes: Council Members Reilly, Flores, Minor, Pope-Ludlam, Miller. Noes: None. Council Member Estrada. following Maudsley, Absent: . 36 8/15/88 . TENTATIVE TRACT 12896 - INDIAN CREEK PROJECT - STATE COLLEGE AREA - REIMBURSEMENT OF PARK DEVELOPMENT FEES - ROBERTSON HOMES - CONTINUED FROM AUGUST 1, 1988 In a memorandum dated May 23, 1988, Annie Ramos, Director of Parks, Recreation and Community Services, stated that Robertson Homes, developer of the Indian Creek Project, Tentative Tract 12896 in the State College area, has met the requirements of their agreement with the City to install landscaping and an irrigation system. (57) City Attorney the reimbursement Homes. Penman answered questions regarding of park development fees to Robertson Annie Ramos answered questions, stating that the facility is open to the public. . Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the reimbursement of Park Development Fees in the amount of $31,750 to Robertson Homes, developer of the Indian Creek Project, Tentative Tract 12896, be approved subject to the City receiving a surety and the developer's executed bond agreement. CITY OVERALL ECONOMIC DEVELOPMENT PLAN - APPROVAL, ADOPTION AND SUBMISSION TO U.S. DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION In a memorandum dated August 4, 1988, Ken Henderson, Director of Community Development, presented the City of San Bernardino Overall Economic Development Plan, which is recommended by the Community Development Citizen Advisory Committee for approval by the Mayor and Common Council. (59) Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the matter concerning the City Overall Economic Development Plan be continued to the Regular Meeting to be held Sep- tember 6, 1988. COUNCIL MEMBER MINOR EXCUSED Council Member Minor left the Council Meeting. . 37 8/15/88 . PERSONNEL COMMITTEE MEETING MINUTES - AUGUST 4, 1988 Council Member Reilly, Chairman of the Personnel Committee, presented the minutes of the meeting held August 4, 1988, at which time the following items were discussed: (60) 1. Discussion of Policy Concerning Extra Board Personnel - The publ ic Serv ices pol i- cies and procedures regarding extra board were presented, received and filed. (Copy of backup attached). . 2. Department Head Evaluations - The Com- mi ttee recommended that the form include a section for the ratee's response. There was some concern that the form was too long but after discussion and the reiteration that this form was only for department and divi- sion heads reporting to the City Admini- strator, the form was approved. The imple- mentation will take place after the finished documents are distr ibuted. (Copy of form attached) . Council action was deemed unne- cessary. 3. Personnel Department Reorganization - The Commi ttee recommended acceptance of the re- organization and asked that neither analyst have a support person assigned specifically to them. The resolution adding an Admini- strative Operations Supervisor II and delet- ing a Personnel Assistant will be placed on the September 6th Council Agenda. (Backup attached). Council Member Maudsley made a motion, seconded by Counc il Member Flores and unanimously carr ied, that the minutes of the Personnel Committee Meeting held August 4, 1988, be received and filed. COUNCIL MEMBER MINOR RETURNED Council Member Minor returned to the Council Meeting and took his place at the Council Table. . LEGISLATIVE REVIEW COMMITTEE MEETING MINUTES - AUGUST 4, 1988 Council Member Reilly, Chairman of the Legislative Rev iew Commi ttee, presented the minutes of the meeting held August 4, 1988, at which time the following was discussed: (61) 38 8/15/88 . 1. Parking Trucks on Residential Streets - Commi ttee continued this i tern to September 12, 1988, to permit time for the Police Department to present their concerns regard- ing the effect the proposal will have on procedures as it applied to current Municipal Code. 2. General Plan Interim POlicy Document Discussion - The Committee agreed that this item is no longer applicable as a conduit for reviewing the Interim Policy Document and recommended the item be removed from the Agenda. However, the Committee agreed that the Legislative Review Committee will hear specific items referred to it through the normal process. 3. Proposed Newsrack Ordinance - The Com- mittee continued this item to August 18, 1988, to permit the City Attorney to refine and clarify the legal context of the ordi- nance. . 4. Proposed Ordinance Relative to Exceptions From the Prohibition Against Unlawful Noises Within the City - Committee continued this item. 5. Proposed Ordinance Adding to Section 9.90.010 (A) (6) To Authorize City Investi- gators to Abate Nuisances.. .and Provide Criminal Penalties for the Interference with the Performance of Their Authorized Duties -The Committee recommended approval with a provision requiring a review in twenty-four months subsequent to adoption by Mayor and Council. The Acting Ci ty Administrator expressed his concerns regarding the affect and impact the ordinance amendment will have on the Building and Safety Department and Code Enforcement Division and will meet with the City Attorney to resolve these concerns. This item will be placed on the August 15, 1988, Council Agenda for approval. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the minutes of the Legislative Review Committee Meeting held August 4, 1988, be received and filed. . 39 8/15/88 . WAYS & MEANS COMMITTEE MEETING MINUTES - AUGUST 8, 1988 Council Member Flores presented the minutes of the Ways & Means Committee Meeting held August 8, 1988, at which time the following items were discussed: (62) 1. Parking District Funding Report - The Committee, after thoroughly discussing the fiscal, economic and physical impact that various alternatives and recommendations will have on the downtown area, continued this item to August 22, 1988. The Committee directed the City Administrator, in conjunc- tion with the Downtown Main Street Project Manager, to prepare an outline of items to be studied in a comprehensive and total report on the downtown parking si tua tion. The Com- mittee will review the outline prior to approving the implementation of the study. . 2. Request to Reduce Purchase Price of Kellogg Library Elijah Singletary The Committee continued this item to August 22, 1988, to permit the City Attorney to render an opinion regarding whether lease payment and building improvement cost can be credited toward the purchase price of the Kellogg Library. The Committee requested the City Administrator to provide a full package of all pertinent information, to include total lease payment, percentage of the lease that can be credited and the total cost of build- ing improvements. 3. Summary of Fee Increases - The Committee continued this item to September 12, 1988, to permit the City Administrator to provide a total list of all fees charged by each City department and identify those fees that changed during the past five years. Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the minutes of the Ways & Means Committee Meeting held August 8, 1988, be received and filed. . 40 8/15/88 . CLOSED SESSION CONTINUED - PROPERTY MATTERS Council Member Miller made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the Closed Session pursuant to Government Code Section 54956.8 to give instructions to the City's negotiator regarding negotiations with the County of San Bernardino concerning the purchase/sale/exchange/lease of the pro- perty located at Pacific and Arden (Patton Park pro- perty), be continued to the Regular Meeting to be held September 6, 1988. (S-l) RECESS MEETING - CLOSED SESSION At 6: 50 p.m., Council Member Minor made a motion, seconded by Council Member Flores and unanimously car- ried, that the meeting recess to Closed Session under the following: (69, 70, 71 & S-2) Government Code Section 54956.9 (b) (1) to confer with its attorney regarding pending litigation, as there is significant exposure to litigation; Government Code Section 54956.9(c) to confer with its attorney regarding pending litigation, so that Coun- cil may decide whether to initiate litigation; . Government Code Section 54956.9 (a) to confer with its attorney regarding pending litigation which has been initiated formally to which the City is a party as follows: Strahle vs. City of San Bernardino - San Bernardino Superior Court Case No. 232278; 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; San No. Cable Lake Association vs. City of Bernardino Superior Court Case No. 239649; San Bernardino - 239714 and Case . City of Club, Inc. 239193; San Bernardino vs. San Bernardino Baseball San Bernardino Superior Court Case No. 41 8/15/88 . 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; Boneli vs. City of San Bernardino - San Bernardino Superior Court Case No. C236473; J. G. GOlfing vs. City of San Bernardino - San Ber- nardino Superior Court Case No. 230084; Mallek vs. Ci ty of San Bernardino, et al - Uni ted States District Court (Central District) Case No. 97-1615 AWT (Bx); Lewis vs. City of San Bernardino - San Bernardino Superior Court Case No. 234180; . Juan Manuel Sanchez vs. City of San Bernardino - United States District Court Case No. CV87-2291 AWT (Bx); Charles H. Brown vs. City of San Bernardino - San Bernardino Superior Court Case No. 243087; Wagoner vs. Flocken - San Bernardino Superior Court Case No. 233161 and No. 137160; Brenda Anderson vs. City of San Bernardino - San Bernardino Superior Court Case No. 243039. ROLL CALL Roll Call was taken with the following being pre- sent: Mayor Wi lcox; Counc i1 Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Pen- man, Acting City Administrator Robbins. Absent: Council Member Estrada, City Clerk Clark. Also present were: Dennis Barlow, Senior Assistant City Attorney; Denise Brue, Assistant City Attorney; Cynthia Grace, Deputy City Attorney; John Kirwan, Director of Risk Management. CITY CLERK CLARK ARRIVED IN CLOSED SESSION At 7:15 p.m., City Clerk Clark arrived in the Closed Session. . 42 8/15/88 . RECESS CLOSED SESSION At 7: 313 p.m., the Closed Session recessed Regular Meeting of the Mayor and Common Council City of San Bernardino. to the of the RECONVENE MEETING At 7:313 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 wi th the following being pre- sent: Mayor Wilcox; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Pen- man, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Member Estrada. ADJOURN MEETING At 7:313 p.m., Council Member seconded by Council Member Miller ried, that the meeting adjourn. Minor made a motion, and unanimously car- (72) . ~,",,d4V/ / Ci ty Clerk No. of Items: 83 No. of Hours: 9., . 43 8/15/88