HomeMy WebLinkAbout09-06-1988 Minutes
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City of San Bernardino, California
September 6, 1988
The Regular Meeting of the Mayor and Common Council
of the City of San Bernardino was called to order by Mayor
Wilcox at 9:12 a.m., on Tuesday, September 6, 1988, in the
Council Chambers of City Hall, 31313 North "D" Street, San
Bernardino, California.
INVOCATION
The Invocation was given by Dr. Thomas W. Harvick,
Sr. of the Central Christian Church.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Pro Tempore
Miller.
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ROLL CALL
Roll Call was taken by Ci ty Clerk Clark wi th the
following being present: Mayor Wilcox; Council Members
Estrada, Flores, Maudsley, Minor, Pope-Ludlam, Miller;
Assistant City Attorney Brue, City Clerk Clark, Acting
City Administrator Robbins. Absent: Council Member
Reilly.
PUBLIC COMMENTS - THE SWORD
Roger Dumas, also known as the The Sword,
Cornrnander-in-Chief of the House of Ying, spoke of filing
charges against members of the Council and the City
Attorney for violation of their Oath of Offices.
(A)
PUBLIC COMMENTS - FRANCIA WHITE -
SUBPOENAS - COUNCIL MEMBERS
Francia White, 231 E. 9th Street, San Bernardino,
Cal i fornia, read the Star Spang led Banner. She spoke of
the pioneer days and her ancestors who carne to San Ber-
nardino. (A)
Ms. White served subpoenas on the Mayor, Council
Members Estrada, Flores, Maudsley, Minor, Pope-Ludlam, and
Miller.
PROCLAMATION - NATIONAL DARE DAY -
September 15, 1988
Richard Bennecke, Executive Assistant to the Mayor,
read a proclamation of the Mayor of the City of San Ber-
nardino proclaiming September 15, 1988, as National Dare
Day in the City of San Bernardino, California. (B)
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Donald Burnett, Chief of Police; Dan Hernandez, Jan
Thompson, Ray Rocha, Chuck Greene, and Tony Aragon, of the
Police Department, were present to accept the proclama-
tion.
Donald Burnett, Chief of Police, presented a Dare
Flag to Mayor Wilcox.
PROCLAMATION - DR. REV. JOHNNY W. BROWN
APPRECIATION DAY - SEPTEMBER 11, 1988
Richard Bennecke, Executive Assistant to the Mayor,
read a proclamation of the Mayor of the City of San Ber-
nardino proclaiming Sunday, September 11, 1988, Dr. Rev.
Johnny W. Brown Appreciation Day. (B)
Dr. Rev. Johnny W. Brown was present to accept the
proclamation.
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APPOINTMENT - SENIOR AFFAIRS COMMISSION -
WILMA STRINATI - SECOND WARD
Pursuant to a memorandum dated August 19, 1988, from
Mayor Wilcox, Council Member Pope-Ludlam made a motion,
seconded by Council Member Miller and unanimously carried,
to approve the appointment of Wilma Strinati, 1533 Belle
Street, San Bernardino, CA 9241il4, to the Senior Affairs
Commission, as requested by Council Member Reilly to rep-
resent the Second Ward. (C)
City Clerk Clark read the Oath of Office to Wilma
Strinati.
APPOINTMENT - POLICE COMMISSION -
KATHLEEN ANN MARTIN - FOURTH WARD
Pursuant to a memorandum dated August 29, 1988, from
Mayor Wilcox, Council Member Pope-Ludlam made a motion,
seconded by Council Member Flores and unanimously carried,
to approve the appointment of Kathleen Ann Martin, 3722
Palm Crest Drive, Highland, CA 92346, to the Police Com-
mission, as requested by Council Member Maudsley to rep-
resent the Fourth Ward. (S-3)
APPOINTMENT - FIRE COMMISSION -
FRED P. POE - FOURTH WARD
Pursuant to a memorandum dated August 29, 1988, from
Mayor Wilcox, Council Member Pope-Ludlam made a motion,
seconded by Council Member Flores and unanimously carried,
to approve the appointment of Fred P. poe, 3851il E. Atlan-
tic, Sp. 21il, Highland, CA 92346, to the Fire Commission,
as requested by Councilman Maudsley to represent the
Fourth Ward. (S-4)
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PRESENTATION - SENATE BILL 1799 -
GEORGE GUERRO - POLICE DEPARTMENT
Senator Ruben Ayala presented Sgt. George Guerro with
a plaque of appreciation for his contribution in the
creation of Bill SB 1799, making it illegal for handguns
to be allowed in any meetings open to the public. (B)
Sgt. George Guerro was present to accept the plaque.
APPROVE COUNCIL MINUTES - JULY 27, 1988 -
AUGUST 15, 1988
Council Member Minor made a motion, seconded by Coun-
cil Member Miller and unanimously carried, that the
minutes of the meetings of the Mayor and Common Council of
the City of San Bernardino held on July 27, 1988, and
August 15, 1988, be approved as submitted in typewritten
form. (1)
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SET PUBLIC HEARING - PROPOSED
ORDINANCE TO RESTRICT DISPLAY OF HARMFUL
MATERIAL IN PUBLIC PLACES - NEWSRACK ORDINANCE
In a memorandum dated August 18, 1988, James Robbins,
Acting City Administrator, requested that a public hearing
be set for September 19, 1988 at 10: 00 a.m., for the
purpose of discussing the proposed ordinance adding
Chapter 9.70 to the San Bernardino Municipal Code to
re-strict the display of harmful material in public
places (See Item 45-1 - Page 23) (2)
In a memorandum dated August 18, 1988, Denice E.
Brue, Assistant City Attorney, explained that the proposed
newsrack ordinance would address concerns expressed at the
Legislative Review Committee Meeting of August 4, 1988.
In a memorandum dated July 12, 1988, Dennis A. Bar-
low, Sr. Assistant City Attorney, stated that members of
the publ ic approached the Ci ty with concerns about news-
racks in the community displaying obscene materials to
both adults and minors.
After several meetings with the Mayor, Chief of
Police, City Clerk, Planning, Public Services, City Admin-
istrator, City Attorney and members of the public, it was
recommended that an ordinance be adopted which would pro-
tect minors from viewing and purchasing such material.
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Council Member Minor made a motion, seconded by Coun-
cil Member Miller and unanimously carried that a public
hearing be set for September 19, 1988, at 10:00 a.m., in
the Council Chambers, 300 North "D" Street, San Bernar-
d ino, Cali fornia, for the purpose of discuss ing the pro-
posed ordinance adding Chapter 9.70 to the San Bernardino
Municipal Code to restrict the display of harmful material
in public places.
AUTHORIZATION TO CLOSE PORTIONS OF 7TH
AND VICTORIA STREETS - WAIVE COSTS INCURRED -
INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE -
SEPTEMBER 16, 1988 CELEBRATION - LA PLAZA PARK
In a memorandum dated August 10, 1988, Annie F.
Ramos, Director Parks, Recreation & Community Services
stated that the Inland Empire Hispanic Chamber of Commerce
requested the use of La Plaza Park on Mt. Vernon Avenue
between 7th and Victoria Streets, for their annual 16th of
September Celebration. (See Item S-2 - Page 27) (3)
The use of La Plaza Park requires City equipment
such as picnic tables, trash cans, bleachers, electr ical
hook-ups for the booths, barr icades and the use of Ci ty
manpower.
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The Chamber requested that the following fee costs be
waived:
The fee costs involved in the celebration
The estimated additional costs for manpower
and equipment not listed in the fee schedule
Total
$ 705
6,734
$7,439
Annie Ramos stated that the Chamber requested that a
portion of Mt. Vernon Avenue be closed to expand the fes-
tivities into the street.
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Council Member Minor made a motion, seconded by Coun-
cil Member Miller and unanimously carried, that utili-
zation of City crews and equipment and City Police per-
sonnel for assisting the Inland Empire Hispanic Chamber of
Commerce in their 16th of September Celebration at La
Plaza Park be authorized; that the expenses incurred by
the use of City forces and equipment and Police Department
personnel in providing assistance to the Inland Empire
Hi spanic Chamber of Commerce for the 16th of September
Celebration at La Plaza Park be waived; that the closing
of portions of 7th Street on the north side of La Plaza
Park and Victoria Street on the south side from 8:00 a.m.,
on September 15, 1988, to 8:00 a.m., on September 19,
1988, so that the streets may be used in conjunction with
the Inland Empire Hispanic Chamber of Commerce 16th of
September Celebration, be approved.
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FIVE-LEVEL PARKING STRUCTURE -
AUTHORIZATION TO UTILIZE THE FOURTH LEVEL PARKING -
MARUKO HOTEL
In a memorandum dated August 4, 19BB, Wayne Over-
street, Director of Public Buildings/Parking Control,
stated that the request of the Maruko Hotel to utilize the
fourth level of the five-level parking structure would not
require a reassignment of any spaces presently leased. He
sta ted that the area in which the hotel would set up
their show rings would only take up approximately 50 park-
ing spaces. (4)
In a letter dated August 2, 1988, Laurie Aldern,
Director of Sales for the Maruko Hotel/Convention Center,
stated that the Maruko Hotel is in the process of bidding
on a 1990 Pacific Obedience Dog Show, and requested the
Ci ty' sass istance in secur ing the fourth level parking
structure for four show rings.
Ms. Aldern stated that this dog show would generate
approximately $1500 in Transient Occupancy Tax over a four
day period and would attract several hundred spectators,
who would patronize downtown merchants during the event.
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Council Member Minor made a motion, seconded by Coun-
cil Member Miller and unanimously carried, that Maruko
Hotel be authorized to utilize 20,000 square feet on the
fourth level of the five-level parking structure from July
20, 1990, through July 22, 1990; tha t Maruko Hotel be
required to provide appropriate insurance coverage and
post a $500 returnable cash bond for any clean up or re-
pair that may be necessary if they fail to perform.
HILLCREST PARK - APPROVAL OF PLANS -
AUTHORIZATION TO ADVERTISE FOR BIDS -
PLAN NO. 738B
In a memorandum dated August 10, 1988, Roger Hard-
grave, Director of Public Works/Engineering stated that
plans and specifications for the construction of improve-
ments to Hillcrest Park, located on the north side of Hill
Drive, between Mayfield Avenue and Acacia Avenue, have
been prepared and that the project is ready to be adver-
tised for bids. (5)
In an undated memorandum, James Richardson, Deputy
City Administrator/Development Services, commented that
the unappropriated park development funds of $23,000 could
be used if bids come in under the $95,000 encumbered
amount.
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Council Member Minor made a motion, seconded by Coun-
cil Member Miller and unanimously carried, that plans for
construction of improvements in Hillcrest Park, in
accordance with Plan No. 7388, be approved; and the
Director of publ ic Works/Ci ty Eng ineer be authori zed to
advertise for bids.
CENTRAL GARAGE - APPROVAL OF PLANS _
AUTHORIZATION TO ADVERTISE FOR BIDS -
INSTALLATION OF THREE-POST HOIST
In a memorandum dated August 17, 1988, Roger Hard-
grave, City Engineer, stated that plans have been prepared
for the installation of the second three-post hoist in the
Central Garage. (6)
Council Member Minor made a motion, seconded by Coun-
cil Member Miller and unanimously carried, that the plans
for installation of a three-post hoist in the Central
Garage, in accordance with Plan No. 7578, be approved; and
the Director of Public Works/City Engineer be authorized
to advertise for bids.
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STORM DRAIN - 21ST STREET, FROM TWIN CREEK
TO SAN GABRIEL STREET - NEGATIVE DECLARATION _
FINDING OF CONSISTENCY WITH INTERIM POLICY
DOCUMENT
In a memorandum dated August 11, 1988, Roger Hard-
grave, City Engineer, stated that the installation of a
storm drain in 21st Street, from Twin Creek to San Gabriel
Street, is consistent with the Interim Policy Document.
(7)
Council Member Minor made a motion, seconded by Coun-
cil Member Miller and unanimously carried, that the Nega-
tive Declaration for Public Works Project No. 88A-22,
installation of a storm drain in 21st Street, from Twin
Creek to San Gabriel Street, be adopted; and that a find-
ing be made that the installation of a storm drain in 21st
Street, from Twin Creek to San Gabriel Street, is consis-
tent with the Interim Policy Document.
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CLAIMS AND PAYROLL
Pursuant to a memorandum dated August 12, 1988, from
Andrew Green; Acting Director of Finance, Council Member
Minor made a motion, seconded by Council Member Miller and
unanimously carried, that the claims and payrolls, and the
authorization of the issuance of warrants as listed on the
memorandum from the Director of Finance, be approved.
(HI)
PERSONNEL ACTIONS
Pursuant to a memorandum dated August 19, 1988, from
Gordon Johnson, Director of Personnel, Council Member
Minor made a motion, seconded by Council Member Miller and
unanimously carried, that the Personnel Actions, submitted
by the Director of Personnel, in accordance with all ad-
ministrative regulations of the City of San Bernardino, be
approved. (11)
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PERSONNEL ACTIONS - SUPPLEMENTAL LIST
Pursuant to a memorandum dated September 2, 1988,
from Gordon Johnson, Director of Personnel, which provided
a supplemental list of Personnel Actions, Council Member
Minor made a motion, seconded by Council Member Miller and
unanimously carried, that the Personnel Actions, submitted
by the Director of Personnel, in accordance with all ad-
ministrative regulations of the City of San Bernardino, be
approved. (AS-l)
AGREEMENT RENEWAL - THE COUNSELING TEAM -
EMPLOYEE ASSISTANCE PROGRAM
In a memorandum dated August 18, 1988, John Kirwan,
Director of Risk Management, recommended the renewal of
the agreement with The Counseling Team for the Employee
Assistance Program, as the program has proven successful
and positive, and is utilized at a high level. He pro-
vided a Program Statistics Summary for the months of July
through December, 1987. (8)
RES. 88-333 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF AN AGREEMENT BETWEEN THE REDE-
VELOPMENT AGENCY OF THE CITY OF SAN BERNAR-
DINO AND THE CITY OF SAN BERNARDINO TO SHARE
THE TOTAL COST FOR THE SERVICES PROVIDED BY
AN EMPLOYEE ASSISTANCE PROGRAM FOR AGENCY AND
CITY EMPLOYEES. (8)
City Clerk Clark read the title of the resolution.
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Assistant City Attorney Brue answered questions re-
garding the matter being joint with the Redevelopment
Agency, stating that it is proper for this item to be
considered at this time since it was placed on the Agenda
for the Mayor and Common Counc il, and it is not on the
Redevelopment Agency Agenda.
Council Member Minor made a motion, seconded by Coun-
cil Member Maudsley and unanimously carried, that further
reading of the resolution be waived, and that said resolu-
tion be adopted. (See Res. 88-335 on PagelO)
Resolution No. 88-333 was adopted by the following
vote: Ayes: Council Members Estrada, Flores, Maudsley,
Minor, Pope-Ludlam, Miller. Noes: None. Absent: Coun-
cil Member Reilly.
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BOARD OF BUILDING COMMISSIONERS' RESOLUTIONS -
BBC MEETING OF AUGUST 5, 1988
As copies of the Board of Bui ld ing Commissioners'
resolutions covering liens for abatement from decisions
made at their meeting of August 5, 1988, were not avail-
able in the Agenda back-up, Council Member Maudsley made a
motion, seconded by Council Member Estrada and unanimously
carried, that the matter be continued to the Regular Meet-
ing of the Mayor and Common Counc i 1 of the Ci ty of San
Bernardino, to be held September 19, 1988. (9)
PUBLIC HEARING - ANIMAL APPREHENSION FEES -
LARGE AND MEDIUM LIVESTOCK
This is the time and place set for a public hearing
concerning an increase in animal apprehension fees for
large and medium livestock from $25 to $50. (12)
Mayor Wilcox opened the hearing.
No protests against the fees have been filed.
Debbie Biggs, Director of Animal Control, answered
questions, stating that the expenses incurred by the City
in the apprehension of large and medium livestock are not
being met with the collection of the present $25 fee.
RES. 88-334 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION NUMBER 86-280
TO INCREASE THE FEE FOR THE MAINTENANCE,
FEEDING AND CARE OF APPREHENDED LIVESTOCK. (12)
City Clerk Clark read the title of the resolution.
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Council Member Pope-Ludlam made a motion, seconded by
Council Member Estrada and unanimously carried, that the
hearing be closed.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Estrada and unanimously carried, that
further reading of the resolution be waived and that said
resolution be adopted.
Resolution No. 88-334 was adopted by the following
vote: Ayes: Council Members Estrada, Flores, Maudsley,
Minor, Pope-Ludlam, Miller. Noes: None. Absent: Coun-
cil Member Reilly.
RECESS MEET ING
At 9:55 a.m., Mayor Wilcox called a five-minute
recess.
RECONVENE MEETING
At 10:00 a.m., Mayor wilcox called the Regular Meet-
ing of the Mayor and Common of the City of San Bernardino
to order in the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California.
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ROLL CALL
Roll Call was taken by Ci ty Clerk Clark wi th the
following being present: Mayor Wilcox; Council Members
Estrada, Flores, Maudsley, Minor, Pope-Ludlam, Miller;
Assistant City Attorney Brue, City Clerk Clark, Acting
City Administrator Robbins. Absent: Council Member
Reilly.
PUBLIC HEARING - FIRE PREVENTION INSPECTION FEE
In a memorandum dated July 25, 1988, former Fire
Chief Newcombe recommended the institution of a Fire
Inspection Fee to fund needed additional personnel to
perform required inspections on all structures, except
single family residences, in the City at least once each
year. Depending on the type of occupancy, some buildings
require four inspections each year. (13)
In a memorandum dated July 1, 1988, former Fire Chief
Newcombe stated that the charging of a Fire Inspection Fee
will fund two inspectors and one clerk to maintain the
required inspections for the maintenance of life safety
throughout the City. He provided a list of Fee Schedule
Estimates.
Richard Moon, Fire Chief, answered questions.
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City Clerk Clark answered questions regarding the
publishing of the notice of the public hearing in The Sun.
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Counc i 1 Member
Council Member Minor
hearing be closed.
Flores made a motion, seconded
and unanimously carried, that
by
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COUNCIL MEMBER ESTRADA EXCUSED
Council Member Estrada left the Council Meeting.
Council Member Miller made a motion, seconded by
Council Member Flores and unanimously carried, that the
City Attorney be instructed to prepare the necessary
resolution.
AGREEMENT RENEWAL - THE COUNSELING TEAM -
EMPLOYEE ASSISTANCE PROGRAM
After discovering that the adoption of a second
resolution is needed in order to renew the agreement with
The Counseling Team for the Employee Assistance Program,
City Clerk read the title of the following resolution.
(See Page 8 for previous Council action concerning this
agreement.) (8)
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RES. 88-335 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF AN AGREEMENT WITH THE COUNSELING
TEAM FOR PROVIDING AN EMPLOYEE ASSISTANCE
PROGRAM FOR CITY EMPLOYEES. (See Res. 88-333
- Page 8) (8)
Council Member Pope-Ludlam made a motion, seconded by
Council Member Miller, that further reading of the resolu-
tion be waived and that said resolution be adopted.
Resolution No. 88-335 was adopted by the following
vote: Ayes: Counc i 1 Members Flores, Maudsley, Minor,
Pope-Ludlam, Miller. Noes: None. Absent: Council Mem-
bers Estrada, Reilly.
COUNCIL MEMBER ESTRADA RETURNED
Council Member Estrada returned to the Council Meet-
ing and took her place at the Council Table.
READING AND WAIVING OF RESOLUTIONS
City Clerk Clark read the titles of the remaining
resolutions on the Council Agendas.
Council Member Minor made a motion, seconded by Coun-
cil Member Maudsley and unanimously carried, that further
reading of the resolutions be waived.
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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. (Continued from August 1, 1988 -
See Item 38 on Page 14) (18)
Discussion ensued regarding the amount of the agree-
ment reading $20,lIHHl and the memorandum dated June 28,
1988, from Thelma Press of the Mayor's Office, reading
$14,000, and how the funds were to be repaid to the City.
Council Member Minor made a motion, seconded by
cil Member Flores, that the resolution be adopted.
vote was taken after discussion, see Page 11)
Coun-
(The
C. Dale Jenks, General Manager and Producer of the
San Bernardino Civic Light Opera, provided an extensive
history of the financial background of the Civic Light
Opera. He answered questions regarding the use and repay-
ment of the requested funds, and the expenses for the
operation of the theatre.
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He described a series of celebrity concerts to be
presented at the theatre for the community, stating that
the funding would be seed money to start this project.
Denice Brue, Assistant City Attorney, answered ques-
tions regarding the wording of the agreement for the re-
payment of the funds to the City, stating that it is not
definitive enough.
The motion to adopt the resolution failed
following vote: Ayes: Council Members
Pope-Ludlam. Noes: Council Members Estrada,
Maudsley, Miller. Absent: Council Member Reilly.
by the
Minor,
Flores,
Council Member Miller made a motion, seconded by
Council Member Maudsley and unanimously carried, that the
agreement concerning the Civic Light Opera be referred
back to the Fine Arts Commission for a recommendation
regarding the wording of the agreement for the repayment
of monies to the Ci ty, and to come back to the Mayor and
Common Council on September 19, 1988.
Council Member Miller made a motion, seconded by
Council Member Maudsley, that the following resolutions be
adopted.
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RES. 88-336 - 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. (19)
RES. 88-337 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING INVESTMENT OF CITY OF
SAN BERNARDINO MONIES IN LOCAL AGENCY INVEST-
MENT FUND. (21)
Council Member Miller made a motion; seconded by
Council Member Maudsley and unanimously carried; that the
City Treasurer and Assistant City Treasurer be designated
as the City's representatives authorized to deposit funds
in the State Local Agency Investment Fund:
RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZ ING THE EXECUTION OF THE AGREEMENT
WITH THE SAN BERNARDINO COMMUNITY AGAINST
DRUGS RELATING TO FUNDING FOR THE FISCAL YEAR
1988':'89: (22)
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(This resolution was adopt~d at this time under th~
motion of Council Member Miller, but was later rescinded.
See Page 28)
RES. 88-338 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A
CONTRACT WITH THE COUNTY OF SAN BERNARDINO
RELATING TO THE CITY'S UTILIZATION OF MINORS
IN THE JUVENILE WORK PROGRAM: (23)
Resolution Nos. 88-336, 88':'337 and 88':'338 were
adopted_ by the following yote: Ayes: Council Members
Estrada, Flores, Maudsley, Minor; Pope':'Ludlam; Miller:
Noes: None: Absent: Council Member Reilly:
Council Member Flores made a motion; seconded by
Council_Member Maudsley; that the following resolutions be
adopted.
RES: 88-339 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZ ING THE EXECUTION OF AN
AGREEMENT WITH EUGENE R. HENRIKSEN, RELATING
TO POLICE FIREARMS TRAINING, AND REPEALING
RESOLUTION NO: 88-62: (24)
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RES. 88-3413 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION NO. 2482 EN-
TITLED, IN PART, "A RESOLUTION ...DESIGNATING
CERTAIN STREET INTERSECTIONS WHERE A STOP IS
REQUIRED..."; AND AUTHORIZING THE REMOVAL OF
STOP SIGNS ON "D" STREET AT ITS INTERSECTION
WITH TWENTY-EIGHTH STREET; AND REPEALING
RESOLUTION NO. 88-152. (25)
RES. 88-341 - RESOLUTION OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
NOTICING A PUBLIC HEARING CONCERNING THE
CREATION OF UNDERGROUND UTILITY DISTRICT NO.
17, GENERALLY LOCATED ALONG UNIVERSITY PARK-
WAY, BETWEEN CAJON BOULEVARD AND THE 215
FREEWAY. (26)
Council Member Flores made a motion, seconded by
Council Member Maudsley and unanimously carried, that the
Director of Public Works/City Engineer and City Clerk be
author i zed to proceed wi th the creation of Underground
Utility District No. 17, generally located along Univer-
sity Parkway, between Cajon Blvd. and the 215 Freeway.
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RES. 88-342 - RESOLUTION OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
NOTICING A PUBLIC HEARING CONCERNING THE
CREATION OF UNDERGROUND UTILITY DISTRICT NO.
18, GENERALLY LOCATED ALONG 7TH STREET, BE-
TWEEN SIERRA WAY AND WATERMAN AVENUE. (27)
Council Member Flores made a motion, seconded by
Council Member Maudsley and unanimously carried, that the
Director of Public Works/City Engineer and City Clerk be
authorized to proceed with the creation of Underground
Utility District No. 18, generally located along 7th
Street, between Sierra Way and Waterman Avenue.
RES. 88-343 - RESOLUTION OF THE CITY OF SAN
BERNARDINO APPROVING THE FINAL MAP FOR SUB-
DIVISION TRACT NO. 12872, PHASE I, LOCATED
WEST OF THE INTERSECTION OF LITTLE MOUNTAIN
DRIVE AND MORGAN ROAD, ACCEPTING THE PUBLIC
DEDICATIONS AS SET FORTH ON SAID MAP, AND
AUTHORIZING EXECUTION OF THE STANDARD FORM OF
AGREEMENT FOR THE IMPROVEMENTS IN SAID SUB-
DIVISION, WITH TIME FOR PERFORMANCE SPECI-
FIED. (28)
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RES. 88-344 - A RESOLUTION OF THE CITY OF SAN
BERNARDINO DECLARING ITS INTENTION TO ORDER
THE VACATION OF PORTIONS OF MAIN STREET AND
BROADWAY STREET BETWEEN "I" AND "J" STREETS
AND RESERVING AN EASEMENT FOR SANITARY SEWER
AND APPURTENANT FACILITIES, AN EASEMENT FOR
WATER LINES AND AN EASEMENT FOR PUBLIC
UTILITIES THEREON. (29)
RES. 88-345 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO PAUL GARD-
NER CORPORATION FOR MODERNIZATION OF TRAFFIC
SIGNALS ON BASELINE STREET FROM "H" STREET TO
SIERRA WAY. (30)
Resolution Nos. 88-339, 88-340, 88-341, 88-342, 88-
343, 88-344 and 88-345 were adopted by the following vote:
Ayes: Council Members Estrada, Flores, Maudsley, Minor,
Pope-Ludlam, Miller. Noes: None. Absent: Council Mem-
ber Reilly.
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RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A BID TO ANGELICA RENTAL GROUP FOR
THE FURNISHING AND DELIVERY OF UNIFORMS
(CITY-WIDE) IN ACCORDANCE WITH BID SPECIFI-
CATION F-89-08. (31)
In a memorandum dated August 3, 1988, Purchasing
Agent Dean Meech provided a Bid Summary Sheet for uniform
service, which includes towels, cloths, seat covers and
fender covers. He recommended that the services of
Angelica Rental Group be retained as they have been over
the past six years.
Discussion ensued regarding the dollar amount of the
other bids.
Council Member Minor made a motion, seconded by Coun-
cil Member Maudsley and unanimously carried, that the
matter concerning uniform services for the City be con-
tinued to later in the afternoon in order to find out the
amounts of the other bids. (See Page 21)
.
FEE INCREASE REQUEST FROM CIVIC LIGHT OPERA -
USE OF CALIFORNIA THEATRE - CONTINUED FROM
AUGUST 15, 1988
This is the time and place continued to for consi-
deration of a recommendation from the Fine Arts Commission
that the request of the San Bernardino Civic Light Opera
Association to increase the fee by 15% for usage of the
California Theatre be approved. (See Item 18 on Page 11)
(38 )
14
9/6/88
.
Council Member Pope-Ludlam made a motion; seconded by
Council Member Maudsley and unanimously carried, that the
San Bernardino Civic Light Opera Association be allowed to
increase its fees for usage of the California Theater by
15%, as recommended by the Fine Arts Commission.
COUNCIL MEMBER ESTRADA EXCUSED
Council Member Estrada left the Council Meeting.
READING AND WAIVING OF ORDINANCES
City Clerk Clark read the titles of the ordinances on
the Agenda.
Council Member Miller made a motion, seconded by
Council Member Minor and unanimously carried, that further
reading of the ordinances be waived.
.
ORD. MC-635 - ORDINANCE OF THE CITY OF SAN FINAL
BERNARDINO ADDING TO SECTION 9.91il.lilllil(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 THE APPROVAL
OF THE DIRECTOR OF BUILDING AND SAFETY TO
ABATE NUISANCES PURSUANT TO CHAPTERS 15.28
AND 8.31il OF THE SAN BERNARDINO MUNICIPAL CODE
AND (7) TO AUTHORIZE THE DIRECTOR OF ANIMAL
CONTROL, ANIMAL LICENSE CHECKERS, ANIMAL
SHELTER ATTENDANTS AND ANIMAL HEALTH TECHNI-
CIANS TO ISSUE NOTICES TO APPEAR FOR Vllil-
LATIONS 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. (33)
Council Member Pope-Ludlam made a motion, seconded by
Council Member Minor and unanimously carried, that said
ordinance be adopted.
Ayes:
Ludlam,
Estrada
Ordinance MC-635 was adopted by the following vote:
Council Members Flores, Maudsley, Minor, Pope-
Miller. Noes: None. Absent: Council Members
and Reilly.
.
15
9/6/88
.
Council Member Flores made a motion, seconded by
Council Member Minor and unanimously carried, that the
fOllowing ordinances be laid over for final passage.
ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST
AMENDING SECTION 5.04.525 SUBSECTION E OF THE
SAN BERNARDINO MUNICIPAL CODE TO INCLUDE
TEMPORARY EMPLOYMENT SERVICES UNDER WHOLE-
SALERS FOR BUSINESS LICENSE PURPOSES. (34)
Two letters were received by the City Clerk's Office
questioning the calculation of business license rates
according to gross receipts for temporary employment ser-
vices: A letter dated February 17, 1988, from Remedy
Health Services and a letter dated February 16, 1988, from
Mayday Temporary Personnel.
ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST
AMENDING SECTION 3.16.050 OF THE SAN BERNAR-
DINO MUNICIPAL CODE RELATING TO POWER OF CITY
ADMINISTRATOR AND ADDING SECTION 3.16.060
RELATING TO CLAIMS REVIEW COMMITTEE AND SEC-
TION 3.16.070 RELATING TO FUNCTION OF CLAIMS
REVIEW COMMITTEE. (35)
.
ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST
AMENDING SECTIONS 6.24.010 THROUGH 6.24.060;
AND 6.24.170 THROUGH 6.24.180 AND REPEALING
SECTION 6.24.080 OF THE SAN BERNARDINO MUNI-
CIPAL CODE ESTABLISHING YEAR TO DATE AND
MULTI-YEAR DOG LICENSING. (36)
Council Member Flores made a motion, seconded by
Council Member Minor and unanimously carried, that the
fOllowing ordinance be referred to the Legislative Review
Committee for their recommendation(s).
ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AMENDING SECTIONS
2.02.020 AND 2.02.030 OF THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO THE ADMINISTRATIVE
OFFICE. (First) (37)
COUNCIL MEMBER ESTRADA RETURNED
Council Member Estrada returned to the Council Meet-
ing and took her place at the Council Table.
.
STREET VACATION - MEYERS ROAD, WEST OF LITTLE
LEAGUE DRIVE - CONTINUED FROM AUGUST 15, 1988
This is the time and place continued to for consi-
deration of adoption of a Negative Declaration for the
vacation of a portion of Meyers Road, west of Little
League Drive. (39)
16 9/6/88
.
council Member Minor made a motion, seconded by Coun-
cil Member Flores and unanimously carried, that the Nega-
tive Declaration for the vacation of a portion of Meyers
Road, west of Little League Drive, be adopted; and that a
finding be made that the vacation of a portion of Meyers
Road, west of Little League Drive, is consistent with the
Interim Policy Document.
AYSO SOCCER PARK - PACIFIC AND ORANGE -
REQUEST FOR FINANCIAL SUPPORT - CONTINUED
FROM AUGUST 15, 1988
This is the time and place continued to for consi-
deration of a request from Roger Itaya, Regional Commis-
sioner of the American Youth Soccer Organization for
financial support and ballfield maintenance of the AYSO
Park located at Pacific and Orange Streets. (413)
In a letter dated August 12, 1988, Annie Ramos,
Director of Parks and Recreation, notified James Robbins,
Acting City Administrator, of the amount of costs incurred
by the City in maintaining the AYSO soccer fields.
Annie Ramos, Director of Parks and Recreation, an-
swered questions regarding the maintenance costs.
.
Mayor Wilcox stated that she had contacted the San
Bernardino City Unified School District, and requested
that the matter be continued to September 19, 1988, for
further information regarding their participation in main-
taining the soccer field.
Council Member Maudsley made a motion, seconded by
Council Member Miller and unanimously carried, that the
matter concerning the AYSO Park be continued to the Regu-
lar Meeting of the Mayor and Common Council of the City of
San Bernardino to be held September 19, 1988, in order to
hear from the San Bernardino City Unified School District;
and that the Parks and Recreation Department be instructed
to mow the lawn one more time.
ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING SECTION 8.36.13313 SUBSECTION (A) OF
THE SAN BERNARDINO MUNICIPAL CODE TO REMOVE
THE EXEMPTION FROM ABATEMENT OF VEHICLES
STORED BEHIND A FENCE OR WALL. (Final) (32)
Council Member Pope-Ludlam made a motion, seconded by
Council Member Maudsley and unanimously carried, that the
ordinance be continued until later in the afternoon. (See
Page 18)
.
17
9/6/88
.
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.
ASSISTANT CITY ATTORNEY BRUE EXCUSED
Assistant City Attorney Brue left the Council Meeting
and was replaced by Senior Assistant City Attorney Barlow.
SETTING OF PUBLIC HEARING - YWCA - SALE OR
LEASE OF REAL PROPERTY - CENTRAL CITY EAST -
566 NORTH LUGO STREET, YWCA FACILITY
I n a memorandum dated September 1, 1988, James Rob-
bins, Acting Executive Director of the Redevelopment
Agency, requested that a joint public hearing be set re-
garding the sale or lease of property to the YWCA upon
which their facility is located at 566 North Lugo Street
in the Central City East project area. (RS-l)
.
Council Member Estrada made a motion, seconded by
Council Member Pope-Ludlam and unanimously carried, that a
joint pUblic hearing to consider the sale or lease of real
property among the City of San Bernardino, the Redevelop-
ment Agency and the Young Women's Christian Association,
be set for 11:00 a.m., Monday, September 19, 1988.
SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED
Senior Assistant City Attorney Barlow left the Coun-
cil Meeting and was replaced by Assistant City Attorney
Brue.
ORD. MC-636 - ORDINANCE OF THE CITY OF SAN FINAL
BERNARDINO AMENDING SECTION 8.36.030 SUB-
SECTION (A) OF THE SAN BERNARDINO MUNICIPAL
CODE TO REMOVE THE EXEMPTION FROM ABATEMENT
OF VEHICLES STORED BEHIND A FENCE OR WALL.
(Continued from earlier in meeting - See Page
17) (32)
Mark Sutton, Director of Building & Safety, answered
questions regarding the current restriction of code en-
forcement due to fences or walls.
Council Member Maudsley made a motion, seconded by
Council Member Minor and unanimously carried, that said
ordinance be adopted.
.
Ordinance MC-636 was adopted by the following vote:
Ayes: Council Members Estrada, Flores, Maudsley, Minor,
Pope-Ludlam, Miller. Noes: None. Absent: Council Mem-
ber Reilly.
18
9/6/88
.
RECESS MEETING
At 12: 05 p.m., Council Member Minor made a motion,
seconded by Council Member Flores and unanimously carried,
that the meeting recess to the Luncheon Workshop in the
Redevelopment Agency Board Room.
RECONVENE MEETING
At 12:30 p.m., Mayor wilcox called the Luncheon Work-
shop to order in the Redevelopment Agency Board Room,
Fourth Floor, City Hall, 300 North "D" Street, San Bernar-
dino, California.
ROLL CALL
Roll Call was taken with the following being present:
Mayor Wilcox; Council Members Estrada, Flores, Maudsley,
Minor, Pope-Ludlam, Miller; Deputy Ci ty Attorney Empeno,
Jr., Deputy City Clerk Lang, Acting City Administrator
Robbins. Absent: Council Member Reilly.
.
Also present were: Richard Bennecke, Executive
Assistant to the Mayor; Phil Arviso, Executive Assistant
to the Council; Jim Richardson, Deputy City Administrator;
Mike Loehr, Interim Planning Director; Fred Wilson,
Assistant to the City Administrator; Vincent Bautista,
Principal Planner; Valerie Ross, Planner; John Hoeger,
Redevelopment Agency; Scott Shira, San Bernardino City
Unified School District; Wade Byars, CAC; Jim Mulvilhill,
CAC; Richard Valdez, CAC; Brenda Frederick, CAC; Cheryl
Brown, Planning Commission; Ruben Lopez, Planning Commis-
sion; Cher Snyder and Erica Vandenbran of the South Coast
Air Quality Management District.
GENERAL PLAN LUNCHEON WORKSHOP - PRESENTATION -
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
This is the time and place set for a luncheon work-
shop concerning the General Plan with a presentation from
the South Coast Air Quality Management District. (42)
Erica Vandenbran of the South Coast Air Quality Man-
agement District, spoke in advocation of Resolution No.
87-12 of the South Coast Air Quality Management District
Board, recommending that cities and counties include an
air quality element in their General Plans.
She prov ided a handout enti tled, "What Ci ties Can do
to Help Reduce Air Pollution: The Clean Cities Plan", and
a "Draft - Suggested Air Quality Actions for Local Juris-
dictions" for the City to consider when going through the
General Plan process.
.
19
9/6/88
.
Cher Snyder of the South Coast Air Quality Management
District spoke regarding the official release of the Draft
Air Quality Management Plan next week, which will be
followed by workshops and hear ings for public comments.
The final plan should be submitted some time in December.
Draft Appendix IV-A, Tiers I and II, regarding Con-
trol Measures dated June, 1988, and Draft Appendix IV-G,
regarding Transportation, Land Use and Energy Conservation
Measures dated May, 1988, both of the 1988 Revision of the
"Air Quality Management Plan", were provided.
The "Path to Clean Air: Policy Proposal for the 1988
Air Quality Management Plan", dated June, 1988, which
included a summary of proposed measures, major policy
issues and public participation recommendations was handed
out.
.
"The Path to Clean Air: Attainment Strategies 1987"
and an "Air Quality Handbook for Preparing Environmental
Impact Reports", revised April, 1987, were presented. Page
6 of "The Path to Clean Air: Attainment Strategies 1987"
was discussed. It was noted that the bar graph depicting
pollutant levels shows that Los Angeles County is the only
reg ion in the country tha t exceeds the federal ni trogen
dioxide standard (N02) of 5.3+. San Bernardino is moni-
tored at 4.0 - 5.3.
Ms. Snyder answered questions regarding the amount of
pOllution caused by trucks and buses as opposed to auto-
mobiles. She stated that a toll free telephone number
l-800-CUT-SMOG has been implemented for reporting of
vehicles with high emission.
Discussion ensued regarding certain areas designated
as pedestrian zones with restricted vehicular traffic.
The possible linkage of the Hospitality Lane area, Inland
Center Mall and the Central City Mall was discussed, along
with means of public transportation.
No formal action was taken.
RECESS LUNCHEON WORKSHOP
At 1:30 p.m., Council Member Maudsley made a motion,
seconded by Council Member Minor and unanimously carried,
that the luncheon workshop recess until 2:00 p.m. in the
Council Chambers.
.
RECONVENE MEETING
At 2: 11 p.m., Mayor wilcox called the meeting to
order in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
20
9/6/88
.
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; Assistant City Attorney Brue, City Clerk Clark,
Acting City Administrator Robbins. Absent: Council Mem-
ber Reilly.
RESOLUTION OF THE CITY OF SAN BERNARDINO
SUPPORTING THE DESIGN REVISION TO THE ROUTE
30/330 INTERCHANGE BY ELIMINATING ACCESS AT
PACIFIC STREET AND CREATING ACCESS AT CENTRAL
AVENUE. (Continued from August 15, 1988) (14)
Bob Pote from Caltrans gave a map presentation re-
garding the proposed changes in Route 330. He stated that
they are not trying to promote a local service interchange
at Central Avenue, but are simply showing it as one of
three alternatives.
He answered questions regarding the placement of
freeway off ramps.
Roger Hardgrave, City Engineer, answered questions.
.
Council Member Maudsley made a motion, seconded by
Council Member Minor and unanimously carried, that the
matter be continued to the Regular Meeting of the Mayor
and Common Counc il of the Ci ty of San Bernard ino to be
held September 19, 1988; and that the City Engineer report
back as soon as possible regarding the traffic situation
on Arden Avenue and provide preliminary traffic impact
data regarding Central Avenue.
RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A BID TO ANGELICA RENTAL GROUP FOR
THE FURNISHING AND DELIVERY OF UNIFORMS
(CITY-WIDE) IN ACCORDANCE WITH BID SPECIFI-
CATION F-89-08. (Continued from earlier in
meeting - See Page 14) (31)
Council Member Minor made a motion, seconded by Coun-
cil Member Miller and unanimously carried, that the reso-
lution be continued to the Regular Meeting of the Mayor
and Common Council to be held September 19, 1988, for more
information regarding the cost of the service and other
bid amounts.
.
21
9/6/88
.
HISPANIC CHAMBER OF COMMERCE - EMPLOYMENT
PREPAREDNESS PROJECT - AUTHORIZATION TO CLOSE
FUND AND TRANSFER MONIES
In a memorandum dated August 17, 1988, Ken Henderson,
Director of Community Development, described the condi-
tions of funding provided to the Hispanic Chamber of Com-
merce for an Employment Preparedness project. Various
attempts by the City to have the conditions of funding met
by the Hispanic Chamber of Commerce have received no
response.
(43)
Discussion was held regarding the need for further
information on the project.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Maudsley and unanimously carried, that the
matter be continued to the Regular Meeting of the Mayor
and Common Council of the City of San Bernardino to be
held September 19, 1988.
.
PERSONNEL COMMITTEE MEETING MINUTES -
AUGUST 18, 1988
In the absence of Council Member Reilly, Chairman of
the Personnel Commi ttee, Council Member Minor presented
the minutes of the Personnel Committee Meeting held August
18, 1988, at which time the following items were discus-
sed: (44)
1. Split of Civil
Committee received
continued thi s item
(See attachment #1)
Service/Personnel - The
a progress report and
to September 22, 1988.
2. Drug Testing Policy - The Committee re-
ceived a thorough and excellent briefing of
the proposed drug screening program. The
Directors of Personnel and Risk Management
have been asked to address several concerns
of the Committee and report back at the
January 5, 1989, Personnel Committee meeting.
(See attachment #2)
3. Filling Existing City Attorney Contract
Position - The Committee recommended approval
of the contract agreement arrangement for
filling the Litigation Contract Attorney's
position. (See attachment #3)
.
22
9/6/88
'!'
.
4. Filling Legal Secretary position - The
Committee concurred with the City Attorney's
recommendation to fill the Legal Secretary II
position at the recommended range and step.
(See attachment #3)
5. Filling Deputy City Attorney II position
- The Committee concurred with City Attor-
ney's recommendation to fill the Deputy City
Attorney II position at the recommended range
and step. (See attachment #3).
Denice Brue, Assistant City Attorney, answered ques-
tions regarding the filling of the Contract Attorney posi-
tion. The applicant has decided to remain at his present
posi tion, which is why Item #20 on the Agenda has been
deleted.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Estrada and unanimously carried, that the
minutes of the Council Personnel Committee meeting of
August 18, 1988, be received and filed.
.
LEGISLATIVE REVIEW COMMITTEE MEETING MINUTES -
AUGUST 18, 1988
In the absence of Council Member Reilly, Council
Member Minor presented the minutes of the Legislative
Review Committee Meeting held August 18, 1988, at which
time the fOllowing items were discussed: (45)
1. Proposed Newsrack Ordinance - The Commit-
tee recommended that this item be presented to
the Mayor and Council at the September 6,
1988, Council Meeting to set a time and date
for a pUblic hearing. (See Item #2 - Page 3)
2. Proposed Ordinance Relative to Exceptions
From the Prohibition Against Unlawful Noises
Within the City - The Committee continued this
item to September 22, 1988, to permit the City
Attorney to further research the vague and
ambiguous content of the ordinance to assure
that it is enforceable. The Committee agreed
that there should be an enforceable ordinance
to address unlawful noises until such time
that an ordinance can be drafted to meet a
standard established pursuant to the General
Plan Update EIR noise element.
.
23
9/6/88
.
Problems concerning noise on the West Side were dis-
cussed.
3. Ordinance to Limit Cam ai n Contributions
- ThlS ltem contlnued to Septem er 88.
4. Discussion Regarding City's Demolition
POlicy - The Director of Building and Safety
advised the Committee that the current demo-
lition policy in the municipal codes ade-
quately addresses the abatement and demoli-
tion of dangerous and unsafe buildings. The
Commi ttee was also advised that the depart-
ment has established procedures and a mechan-
ism pursuant to municipal codes by which to
enforce this policy.
Denice Brue, Assistant City Attorney, answered ques-
tions regarding the proposed ordinance and exceptions from
the prohibition against unlawful noises within the City.
Council Member Maudsley made a motion, seconded by
Council Member Flores and unanimously carried, that the
minutes of the Legislative Review Committee meeting held
August 18, 1988, be received and filed.
.
WAYS AND MEANS COMMITTEE MEETING MINUTES -
AUGUST 22, 1988
Council Member Estrada, Chairwoman of the Ways and
Means Committee, presented the minutes of their meeting
held August 22, 1988, at which time the following items
were discussed: (46)
1. Parking District Funding Report - Item
continued. Mr. Wayne Overstreet was tasked
to provide as much information as possible
regarding past surveys at the September 12
meeting. The general consensus was that the
parking issue had been "studied to death".
Ms. Ann Harris agreed to make a presentation
to the Parking District Commission and Mr.
George Webster agreed to report back to the
Ways and Means Commi ttee wi th their respon-
ses, concerns and recommendations for the
September 26 meeting. Attached is the report
presented to the Committee.
2. Request to Reduce Purchase Pr ice of Kel-
logg Library - Elijah Singletary - Item con-
tinued to September 12. City Attorney's
review had not been completed.
.
24
9/6/88
.
3: Admission Tax Item continued: Mr.
Burdick from Twin Cinema Theater expressed
opposition indicating that theaters were the
target of this tax. Mr. Quiel, roller rink
owner, expressed support but questioned the
exclusion of non-profit organizations, such
as the Civic Light Opera, from the tax. The
Committee requested further research, review
and recommendations for taxing non-profit
organizations and the Orange Show. Collec-
tion methods, structuring of a system and
impact on the City Clerk are to be included
in the report to be presented on September 26
to the Committee. Phil Arvizo will provide a
package of information regarding the Admis-
sion Tax to the Chamber of Commerce for their
perusal and dissemination.
.
4. Program Expansion Proposal and Fee
Adjustments - (Copy Charges) Item continued.
The Committee received the report attached
and requested an actual assessment of costs
incurred. The objective would be to provide
a formula, in coordination with the Finance
Director, to identify the cost of equipment
use, research and production of copies to
conform with state law. A form is in
development that will provide this informa-
tion. Charges would be uniform in all
departments that provide this service.
5. City-Owned Leased Real Property - Item
continued. The Committee is systematically
rev iewing ci ty proper ties and will, in the
near future, recommend to the Council some
properties for sale, others for possible
trade with other government entities, and
some to retain. Further study will take
place and be presented at the September 12
meeting.
6. Inspection Report on Property - Garden
State Paper Company, 181 South "G" Street -
The Committee received and filed this report.
This is one of the properties to be discussed
per Item 5.
.
25
9/6/88
.
7. Tourist/Convention Bureau (Pending Item)
- The Committee discussed the need for the
Chamber of Commerce to present a specific
plan wi th measurable elements and account-
ability. There was a consensus that this
i tern be referred, through these minutes, to
the full Council at the September 6, meet-
ing.
In a letter dated August 30, 1988, Les Dabritz,
Executive Vice President of the San Bernardino Area Cham-
ber of Commerce, requested that the request of the Chamber
for possible funding of the Convention and Visitor Bureau
be scheduled for the September 19, 1988, meeting of the
Mayor and Common Council, in order for key Chamber leaders
to be present.
Laur ie Aldern,
commi ttee concerning
swered questions.
a member of the disbanded steering
the Tourist/Convention Bureau, an-
.
Council Member Miller made a motion, seconded by
Council Member Maudsley and unanimously carried, that the
matter concerning the Tourist/Convention Bureau be refer-
red back to the Ways and Means Committee, and that the
members of the Convention Bureau Steering Committee be
invited to attend.
Council Member Estrada made a motion, seconded by
Council Member Minor and unanimously carried, that the
minutes of the Ways and Means Committee meeting held
August 22, 1988, be received and filed.
OVERALL ECONOMIC DEVELOPMENT PLAN - APPROVAL
AND ADOPTION - AUTHORIZATION TO SUBMIT PLAN TO
U.S. DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT
ADMINISTRATION - CONTINUED FROM AUGUST 15, 1988
This is the time and place continued to for consi-
deration of the Overall Economic Development Plan, which
defines local economic development goals and strategies.
(41)
Ken Henderson, Director of Community
answered questions regarding special impact
criteria that must be met by projects
Development Administration funding.
Development,
areas and the
for Economic
.
26
9/6/88
.
Discussion ensued regarding
available regarding the funding
conducting a survey.
studies and information
and the possibility of
Staff was requested to take preliminary steps to get
information from the Economic Development Administration.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Estrada and unanimously carried, that the
Ci ty Overall Economic Development Plan be approved and
adopted; and that the Director of Community Development be
directed to submit said plan to the U.S. Department of
Commerce, Economic Development Administration.
COUNCIL MEMBER MILLER EXCUSED
Council Member Miller left the Council Meeting.
HISPANIC CHAMBER OF COMMERCE - FUNDING FOR
SEPTEMBER 16TH FIESTA
In a memorandum dated August 30, 1988, Council Member
Estrada recommended the allocation of $15,000 to the His-
panic Chamber of Commerce for use in the Diez y Seis de
September Fiesta. (See Item 3 on Page 4) (S-2)
.
In a letter dated March 25,
President of the Hispanic Chamber
proposed budget for thi s year I s
$70,000. He requested $30,000
City.
1988, Alfredo Gonzales,
of Commerce, provided a
fiesta, which exceeds
in assistance from the
The Mayor and Common Counc i 1 discussed the need to
have Ci ty funded events report back so that the Ci ty can
review the expenditure of the funds.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Estrada and unanimously carried, that the
sum of $15,000 be allocated to the Hispanic Chamber of
Commerce for use in the Diez y Seis de Septiembre Fiesta,
with the understanding that the monies are to come from
Fine Arts cultural development fees, and a report is to
come back to the Mayor and Common Council within 90 days
from the Hispanic Chamber of Commerce regarding the appli-
cation of the funds.
.
BOARD OF WATER COMMISSIONERS - AUTHORIZATION TO
ACT AS RECEIVER FOR AND SERVE WATER TO CARDIFF
FARMS MUTUAL WATER COMPANY
In a memorandum dated August 25, 1988, Bernard Kersey
of the Board of Water Commissioners, stated that the
County of San Bernardino Environmental Heal th Department
has requested the Water Department to act as a court-
appointed receiver for Cardiff Farms Mutual Water Company,
Superior Court Case No. 244293. (S-5)
27 9/6/88
.
He explained that the County is bringing action
against Cardiff for failure to meet requirements of the
Cali fornia Health and Safety Code wi thin their serv ice
area south of Third Street, between Lena Road and Tippe-
canoe Avenue, outside the corporate limits of the City.
This area is within the City's sphere for water and sewer
service, as set forth in joint powers agreements between
East Valley Water District, the City and the Board of
Water Commissioners.
The Water Department would install an intertie to
Cardiff's distribution system and supply water from its
system, rather than trying to operate their wells and
boosters. Water rates would cover all costs.
COUNCIL MEMBER MILLER RETURNED
Council Member Miller returned to the Council Meeting
and took her place at the Council Table.
.
Council Member Miller made a motion, seconded by
Council Member Estrada and unanimously carried, that the
matter concerning the Board of Water Commissioners acting
as receiver for, and serving water to Cardiff Farms Mutual
Water Company, be continued to the Regular Meeting of the
Mayor and Common Council to be held September 19, 1988.
RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHOR I ZING THE EXECUT ION OF THE AGREEMENT
WITH THE SAN BERNARDINO COMMUNITY AGAINST
DRUGS RELATING TO FUNDING FOR THE FISCAL YEAR
1988-89. (Continued from earlier in meeting
- See Page 12) (22)
Council Member Pope-Ludlam made a motion, seconded by
Council Member Miller and unanimously carried, that said
resolution, which was adopted earlier in the meeting, be
reconsidered.
Jim RObbins,
questions regarding
the same each year.
Acting City Administrator, answered
the amount of requested funding being
Discussion ensued regarding
provide and the proposed budget
Community Against Drugs.
wha t these
for the San
funds will
Bernardino
.
28
9/6/88
.
Council Member Estrada made a motion, seconded by
Council Member Miller and unanimously carried, that said
resolution be continued to the Regular Meeting of the
Mayor and Common Council of the City of San Bernardino to
be held September 19, 1988, for a copy of the budget to be
presented.
Council Member Estrada made a motion, seconded by
Council Member Miller and unanimously carried, that the
adoption of the resolution earlier in the meeting, be
rescinded.
RECESS MEETING - CLOSED SESSION
At 4:00 p.m., Council Member Miller made a motion,
seconded by Council Member Flores and unanimously carried,
that the meeting recess to Closed Session pursuant to the
following:
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 property located at Pacific and
Arden (Patton Park Property); (Cont. from 8/15/88) (See
Item 15 - Page 32) (47)
.
Government Code Section 54957 to consider personnel
matters; (48)
Government Code Section 54957.6 to meet
designated representatives regarding labor
matters; (See Item 16 & 17 on Page 32)
with its
relations
(49 )
Government Code Section 54956.9(b) (1) to
its attorney regarding pending litigation
significant exposure to litigation;
confer wi th
as there is
(50)
Government Code Section 54956.9(a) to confer
attorney regarding pending litigation, which
initiated formally to which the City is a
follows: (51 & S-6 &
with its
has been
party as
AS-2)
Hi~hland Hills Homeowners Association vs. City of San
BernardIno, et al - San Bernardino Superior Court Case No.
232278;
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;
.
29
9/6/88
.
Cable Lake Association vs. Cit of San Bernardino _
San Bernardlno Super lor Court Case Nos. 23971 and 2396 9;
City of San Bernardino vs.
Club, Inc. San Bernardino
239193;
San Bernardino Baseball
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. C 236411;
Boneli vs. City of San Bernardino - San Bernardino
Superior Court Case No. C 236473;
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;
.
Lewis vs. City of San Bernardino - San Bernardino
Superior Court Case No. 234180;
Wagoner vs. Flocken - San Bernardino Superior Court
Case Nos. 233161 and 137160;
Sock Dawson, et al vs. City of San Bernardino, et al
- United States District Court Case No. SA 88-461 AHS
(RWRx) ;
Rowan vs. City of San Bernardino - San Bernardino
Superior Court Case No. 235647;
Pedersen vs. City of San Bernardino - San Bernardino
Superior Court Case No. 233820;
wi 11 iam vs. Clark - San Bernard ino Super ior Court
Case No. 239714;
Government Code Section 54956.9(c) to confer with its
attorney regarding pending litigation so that Council may
decide whether to initiate litigation. (52)
.
30
9/6/88
.
CLOSED SESSION
Mayor wilcox called the Closed Session to order in
the Conference Room of the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll Call was taken with the following being present:
Mayor Wilcox; Council Members Estrada, Flores, Maudsley,
Minor, Pope-Ludlam, Miller; Assistant City Attorney Brue,
Acting City Administrator Robbins. Absent: Council Mem-
ber Reilly, City Clerk Clark.
DIRECTOR OF PERSONNEL JOHNSON ARRIVED
Director of Personnel Johnson arrived at the Closed
Session.
CITY ATTORNEY PENMAN ARRIVED
City Attorney Penman arrived at the Closed Session
and replaced Assistant City Attorney Brue.
DIRECTOR OF PERSONNEL JOHNSON EXCUSED
Director of Personnel Johnson left the Closed Ses-
sion.
.
CITY CLERK CLARK ARRIVED
City Clerk Clark arrived at the Closed Session.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Closed Session.
ASSISTANT CITY ATTORNEY BRUE RETURNED
Assistant City Attorney Brue returned to the Closed
Session.
COUNCIL MEMBER POPE-LUDLAM RETURNED
Council Member Pope-Ludlam returned to the Council
Meeting.
CITY CLERK CLARK EXCUSED
City Clerk Clark left the Closed Session.
RECESS CLOSED SESSION
At 5:20 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 5:20 p.m., Mayor wilcox called the meeting to
order in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
.
31
9/6/88
.
ROLL CALL
Roll Call was taken with the following being present:
Mayor Wilcox; Council Members Estrada, Flores, Maudsley,
Minor, Pope-Ludlam; City Attorney Penman, City Clerk
Clark, Acting Ci ty Admini stra tor Robbins; Absent: Coun-
cil Members Reilly, Miller.
Council
c il Member
adopted.
Member Minor made a motion, seconded by Coun-
Flores that the following resolutions be
.
RES. 88-346 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION 6413 ENTITLED
IN PART "A RESOLUTION...ESTABLISHING A BASIC
COMPENSATION PLAN..."; BY PROVIDING A 3% WAGE
INCREASE FOR SAID GENERAL EMPLOYEES RETRO-
ACTIVE TO THE PAYROLL PERIOD BEGINNING JULY
4, 1988, AS PART OF THE NEGOTIATED MEMORANDUM
OF UNDERSTANDING. (Continued from August 15,
1988) (See Item #49 on Page 29) (16)
RES. 88-347 - RESOLUTION OF THE CITY OF SAN
BERNARDINO IMPLEMENTING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF SAN BERNAR-
DINO AND EMPLOYEES IN THE GENERAL EMPLOYEES
BARGAINING UNIT OF THE CITY OF SAN BERNARDINO
REPRESENTED BY AFSCME. (Continued from
August 15, 1988) (See Item #49 on Page 29) (17)
Resolution Nos. 88-346 and 88-347
following vote: Ayes: Council
Flores ,Maudsley, Minor, Pope-Ludlam.
sent: Council Members Reilly, Miller.
were adopted by the
Members Estrada,
Noes: None. Ab-
COUNCIL MEMBER MILLER RETURNED
Council Member Miller returned to the Council Meeting
and took her place at the Council Table.
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 ALLOCAT IONS THROUGH STATE AND/OR
FEDERAL PARK DEVELOPMENT FUNDS AS POTENTIAL
SOURCES FOR FUNDING THE COMPLETION. (Con-
tinued from August 15, 1988) (See Item 47-
Page 29) (15)
.
Council Member Flores made a motion, seconded by
Council Member Maudsley and unanimously carried, that said
resolution be continued to the Regular Meeting of the
Mayor and Common Council of the City of San Bernardino to
be held September 19, 1988.
32 9/6/88
.
RECESS MEETING
At 5:20 p.m., Council Member Pope-Ludlam made a
motion, seconded by Council Member Minor and unanimously
carried, that the meeting adjourned to 6:00 p.m. at
Sturges Auditorium, 796 North "E" Street, San Bernardino,
California, for a pUblic hearing to discuss police com-
munity relations.
RECONVENE MEETING
At 6:16 p.m., Mayor Wilcox called the Regular Meeting
to order in the Sturges Auditorium, 796 North "E" 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, Maudsley, Minor, Pope-Ludlam, Miller; Assistant
City Attorney Brue, City Clerk Clark, Acting City Admin-
istrator Robbins. Absent: Council Members Reilly and
Flores.
.
PUBLIC HEARING - POLICE COMMUNITY RELATIONS -
STURGES AUDITORIUM - 796 NORTH "E" STREET
This is the time and place set for a pUblic hearing
to discuss police community relations. (53)
Mayor wilcox open the hearing.
Mayor Wilcox explained that her Special Blue Ribbon
Commi ttee was appointed to enhance the relations between
the Police Department and every neighborhood in the City.
The Special Blue Ribbon Committee was directed to
look into every facet of the police system, invite all
residents of the City to testify and relate their experi-
ences and concerns wi th recommendations to the Mayor and
Common Council.
With regard to the hearing, the Mayor stated a five
minute time limitation would apply to each speaker unless
extended by the Council.
Johnettia Herndon, 1654 "w" 10th Street, San Bern-
ardino, California, spoke of the violent crime she had
been subjected to by Willie Dawson who stabbed her 17
times and how a victim of a violent crime is forgotten by
society.
.
Tracy Cole, 1654 "w" 10th
California, the son of Johnettia
the violent attack on his mother
frightened he was.
Street, San Bernardino,
Herndon spoke recalling
stating how helpless and
33
9/6/88
.
Luis Abrego, 2481 Harrison, San Bernardino, Calif-
ornia, a member of the Neighborhood Watch Program, expres-
sed appreciation for the Police Department in providing
information on crime prevention, personal security and in
the area of gang activity.
Mr. Abrego sta ted that the Pol ice Department should
be expanded both financially and geographically to better
meet the needs of the community.
Denice Brue, Assistant City Attorney, answered ques-
tions stating that the Council may comment on the public
statements as long as the comments are not on any parti-
cular case which is in litigation.
Donald Burnett, Chief of Police, answered questions
stating that the Police Department is conducting a survey
of time available to police officers in the field in order
to provide the level of service the community desires.
Jim
questions
allocated
Robbins, Acting City Administrator,
stating that approximately 30% of the
to the Police Department.
answered
budget is
.
Discussion ensued regarding the level of service the
community desires from the police department and the
effect of the increase of police services resulting in a
decrease of other public services due to Proposition 13.
It was pointed out that San Bernardino has one police
officer per 380 citizens and Riverside has one per 470.
Sharon Brown, 1576 Colorado Street, San Bernard ino,
California, spoke of the daily and nightly shootings on
the Westside. She sa id that the Communi ty needs leader-
ship in solving some of the crime and drug problems they
are faced with but that the hands of the police have been
tied by screams of racism and brutality.
Harry L. Jacks, 1256 W. Baseline, San Bernardino,
California, President of the Westside Action Group stated
the police are doing an excellent job but there are some
"bad apples". He recalled var ious incidents of unneces-
sary force used by police officers on the Westside.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Miller, that the time be extended for
two-minutes to allow Mr. Jacks to continue to speak under
Public Comments.
.
34
9/6/88
.
The motion carried by the following vote: Ayes:
Council Members Estrada, Maudsley, Pope-Ludlam, Miller.
Noes: Council Member Minor. Absent: Council Member
Reilly and Flores.
Mr. Jacks continued to speak of various incidents of
unnecessary force used by police officers on the Westside.
Leta Pezant, 1514 W. Evans, San Bernardino, Calif-
ornia, spoke of being a victim of a violent crime and how
the victim is forgotten in society.
She read an article from the Sun newspaper giving
statistics of the ethnic background or those individuals
committing crimes in the City and stated that the Sun
gives the impression that most crime is committed by
blacks.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Miller, that the time be extended to allow
Ms. Pezant to continue to speak for three minutes.
.
The motion carr ied by the following vote:
Council Members Estrada, Maudsley, Pope-Ludlam,
Noes: Council Member Minor. Absent: Council
Reilly and Flores.
Ayes:
Mi ller.
Members
MS. Pezant stated the real losers are the good police
officers and criticized the Mayor's appointments to the
Blue Ribbon Committee.
Mar ia Anna Gonzales, 350 W. Fi fth Street, Ste. 206,
San Bernard ino, Cali fornia, Insti tute for Social Justice,
praised the community for taking action and expressing
their concerns for their community. She also criticized
the Blue Ribbon Committee as not having the necessary
representation.
Attorney Allen Bartleman, 5572 N. Thistle, San Bern-
ardino, California, stated that he represents Charles
Brown who was shot by a San Bernardino Police Officer last
November.
He spoke of how the communi ty perceives the pol ice
department as being racist. He suggested that the
officers be trained in racial issues and that more minor-
ities be recruited into the police department.
.
Council Member Miller made a motion, seconded by
Council Member Pope-Ludlam, that the time be extended to
allow Mr. Bartleman to continue to speak.
35
9/6/88
.
The
Counc il
Members
Members
motion failed by the following vote:
Members Pope-Ludlam, Miller. Noes:
Estrada, Maudsley, Minor. Absent:
Reilly, Flores.
Ayes:
Council
Council
Ratibu Shadidi, also known as W. H. Bill Jacocks,
19694 Kauri Ave, Rialto, California, requested clarifica-
tion as to why the Willie Dawson case could not be dis-
cussed and was pulled off the Council Agenda of September
6, 1988.
James Penman, City Attorney, answered questions
stating that it was not appropriate to discuss or have on
the agenda an item that specifically relates to a lawsuit
such as the Willie Dawson case.
Mr. Shadidi (Jacocks) recommended that the Black
Community, as a result of lack of confidence, request the
dismissal of Donald Burnett, Chief of Police, and request
an independent investigation.
.
A. David Hendricks, 25289 E. Court Street, San Bern-
ardino, California, San Bernardino, City School District
Language Student, spoke of the double standard that exists
in the community where chi ldren are told to say no to
drugs at the same time the parents are users themselves.
He also complained about the lack of
available to the youth and cited skateboarding
ing as two pastimes that have been taken away.
activities
and cruis-
Ri ta M. Hernandez, President Neighborhood Watch As-
sociation, 696 W. Seventh Street, San Bernardino, Calif-
ornia, expressed support for the Chief of Police and the
Pol ice Department. She stated that the Pol ice Department
has worked closly with the communi ty Neighborhood Watch
Program.
Robert Hampton, 2557 Pennsylvania, San Bernardino,
California, expressed support of the Police Department and
suggested that the communi ty work together to better the
neighborhood.
.
Wallace Allen, Publisher, Westside Story Newspaper,
1830 W. 30th Street, San Bernardino, California, made
recommendations of creating an atmosphere of justice among
the Wests ide community; that a Westside Community Police
Review Board be created with representation from the
public, senior citizens, and the youth; that there be
intense recruiting of minorities on the police force with
representation at policy creating levels; and that
training be provide for the police staff in cultural and
lifestyle differences.
36
9/6/88
,---
"
.
Jurlean McGinnis, 1624 N. Susie Lane, San Bernardino,
Cal ifornia, spoke of the lack of support and low atten-
dance rate from the Community regarding the Community
Neighborhood Watch meetings and the need for neighborhoods
to get involved for the betterment of their community.
Ruben X. Herndon, 2000 Jubilee Court, San Bernardino,
California, spoke of his contributions to the youth and
the drug problems on the Westside. He spoke of members of
his family being victims of violent crime on the part of
the pol ice department when Donald Burnett was Chief in
Pomona and read scripture from the Holy Koran.
Council Member Estrada made a motion, seconded by
Council Member Pope-Ludlam to extend the time for Mr.
Herndon to continue to speak under the Public Comments.
The
Council
Members
Reilly,
motion
Members
Maudsley,
Flores.
failed by the following vote:
Estrada, Pope-Ludlam. Noes:
Minor, Miller. Absent: Council
Ayes:
Council
Members
.
Roger Dumas, also known as The Sword, 231 E. Ninth
Street, San Bernardino, California, spoke of a plan that
would improve the relationship of the pOlice department
and the community. He suggested that the Mayor and
Council take a firm position in writing against all forms
of civil rights abuse by any public servant and to remove
that individual from service if found guilty; he advocated
the decentralization of the police department and the
appointment of a Captain for each of the seven wards.
Council Member Estrada made a motion, seconded by
Council Member Pope-Ludlam to extend the time to allow Mr.
Dumas to continue to speak.
The
Council
Members
Reilly,
motion failed by the following vote:
Members Estrada, Pope-Ludlam. Noes:
Maudsley, Minor, Miller. Absent: Council
Flores.
Ayes:
Council
Members
Mary E. Johnson, President NAACP, 1321 W.
Street, San Bernardino, California, suggested that
Charter be amended to grant the Police Commission
authority for hiring and firing of the Chief of Police
policy setting in the police department.
21st
the
the
and
.
James L. Martin, NAACP WestCoast Regional Director,
2480 Sutter Street, San Francisco, California, spoke re-
garding the incidents involving racial violence by offi-
cers of the law.
37
9/6/88
.
Council Member Pope-Ludlam made a motion; seconded by
Council Member Estrada to extend the time to allow Mr;
Martin to continue to speak.
The motion
Council Members
Noes: Council
Reilly, Flores.
carried by the following vote:
Estrada, Maudsley, Pope-Ludlam,
Member Minor. Absent: Council
Ayes:
Miller.
Members
Mr. Martin continued to speak reassuring the commu-
nity that they would have his support regarding these
issues.
Art Townsend, President, WestCoast Black Publishers
Association, 1677 W. Baseline, San Bernardino, Calif-
ornia, spoke of various cases in the City of unjustified
Police shootings and other "dumb" decisions of the Police
Department.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Estrada to extend the time to allow Mr.
Townsend to continue to speak.
.
The motion
Council Members
Noes: Council
Reilly, Flores.
carried by the following vote:
Estrada, Maudsley, Pope-Ludlam,
Member Minor. Absent Council
Ayes:
Miller.
Members
Johnny L. Bell, 1157 North "H" Street, San Bernar-
dino, California, complimented Mr. Ruben Herndon for his
contr ibutions to the Westside Community and spoke of
various incidents he has had with the police department.
Council Member Estrada made a motion, seconded by
Council Member Pope-Ludlam to extend the time for one
minute to allow Mr. Bell to continue to speak.
The motion
Council Members
Members Maudsley,
Reilly, Flores.
failed by the following vote:
Estrada, Pope-Ludlam. Noes:
Minor, Miller. Absent: Council
Ayes:
Council
Members
Johnny R. Kimbrough, 871 S. Idyllwild Avenue, Rialto,
California, stated that families and the community should
work together in prov id ing a more posi ti ve role for the
young people. He spoke regarding incidents of pOlice
violence against youths and the shooting of racial
epithets by officers on patrol.
.
38
9/6/88
.
Theresa Newham, 1463 Sepulveda, San Bernardino,
California, spoke of the attitude of the Police Department
towards the poor in the community. She complained of an
incident where she felt the department was unresponsive.
Council Member Miller made a motion, seconded by
Council Member Pope-Ludlam to extend the time for one
minute to allow Ms. Newham to continue to speak.
The
Counc il
Council
Reilly,
motion failed by the following vote:
Members Estrada, Pope-Ludlam, Miller.
Members Maudsley, Minor. Absent: Council
Flores.
Ayes:
Noes:
Members
Susan Johnson, 5988 Sundance, San Bernardino, Calif-
ornia, spoke supporting the Police Department. She spoke
of how citizens in her community had worked together to
sol ve some problems they were faced wi th and suggested
that the same type of action should be taken on the West-
side.
.
Brian Townsend, 1677 W. Baseline Street, San Bern-
ardino, California, suggested that an advisory committee
be established to independently investigate the concerns
of the community and that the hiring and promotion policy
of the police department be changed to include more minor-
ities.
Rev. Tom Gates, a former pOlice officer, 795 W. Vine
Street, San Bernardino, California, spoke of how today's
youth are starving for attention. He stated that he has
members of various gangs living in his home and that the
leaders of the communi ty should stop playing pol i tical
baseball with peoples' lives.
Roy Bouchard, 2424 E.
California, complained of the
from the San Bernardino Police
Monterey, San
harassment he
Department.
Bernardino,
had r ece i ved
Juanita Washington, 1659 W. 23rd Street, San Bern-
ard ino, Cal i fornia, expressed her support for the pol ice
department and the fine job they are doing.
Donald Burnett, Chief of Police, read from a prepared
speech in which he indicated that he would address those
concerns expressed by the community of officers where
unnecessary force or deadly force is used.
.
He stated that proper training in the areas of inter-
personal relationships, crlS1S intervention, arrest con-
trol techniques and policy guidelines can reduce those
instances of unjustified force.
39
9/6/88
"!"'"
.
Chief Burnett requested the Mayor grant an extention
of the five minute speakers limitation.
The Mayor and Common Council discussed the formation
and appointments to the Special Blue Ribbon Committee.
The Mayor read the following names as members of the
Special Blue Ribbon Committee: Faye Rodgers, Sharon Brown,
Hector O'Campo, Carlos Huesca, Art Townsend, Jack Jacquet,
Garciano Gomez, Carole Main, Jim Sivelle, Jim Urata,
Esther Mata, Re~ & Mrs. Horace Ross, Chris Crawford,
Robert Hampton, and Mary Johnson.
ADJOURN MEETING
At 9:15 p.m., Council Member Pope-Ludlam made a
motion, seconded by Council Member Miller and unanimously
carried, that the meeting be adjourned to September 14,
1988, at 9:00 a.m., in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
(54)
.
~~
City Clerk ~
~~7
No. of Hours: 10
No. of Items: 66
.
40
9/6/88