HomeMy WebLinkAbout09-19-1988 Minutes
City of San Bernardino, California
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September 19, 1988
The Regular Meeting of the Mayor and Common Council of
the City of San Bernardino was called to order by Mayor
Wilcox at 9:06 a.m., in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
INVOCATION
The Invocation was given by Phil Arvizo, Executive
Assistant to the Council.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member
Miller.
ROLL CALL
Roll Call was taken by City Clerk Clark with the
following being present; Mayor Wilcox; Council Members
Reilly, Flores, Maudsley, Minor, Miller; City Attorney
Penman, City Clerk Clark, Acting City Administrator
Robbins. Absent: Council Members Estrada, Pope-Ludlam.
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PRESENTATION - SERVICE PIN AWARDS
Mayor Wilcox presented several employees with service
pins for their years of service with the City. (B)
PRESENTATION - KIWANIS CLUB OF GREATER SAN
BERNARDINO - INTERNATIONAL AWARD - ESTABLISHING
BLOOD BANK IN MEXICALI
Thelma Press, Executive Director of Cultural and
International Affairs, introduced Ray Quinto and Steve
Smith, members of the Kiwanis Club of Greater San
Bernardino, and explained that the club had received an
international award for their assistance in helping to
establish a blood bank in the Sister City of Mexicali.
(B)
Mr. Quinto explained the establishment of the blood
bank in Mexicali and requested that the plaque be
displayed for one year in City Hall,then be displayed
permanantly on the north wall of Mitla Cafe, where the
Kiwanis Club of Greater San Bernardino has met for over 20
years.
COUNCIL MEMBER POPE-LUDLAM ARRIVED
At 9:17 a.m., Council Member Pope-Ludlam arrived at
the Council Meeting and took her place at the Council
Table.
.
Steve Smith, President of the Kiwanis Club of Greater
San Bernardino, presented the award to Mayor Wilcox.
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APPROVE MINUTES - SEPTEMBER 6, 1988
Council Member Miller made a motion, seconded
Council Member Pope-Ludlam, that the minutes of
meeting of the Mayor and Common Council of the City of
Bernardino held on September 6, 1988, be approved
submitted in typewritten form. (1)
by
the
San
as
The
Council
Miller.
Abstain:
motion carried by the following vote: Ayes:
Members Flores, Maudsley, Minor, Pope-Ludlam,
Noes: None. Absent: Council Member Estrada.
Council Member Reilly.
IMPROVEMENT OF GENEVIEVE STREET BETWEEN 50TH
AND 54TH STREETS - INSTALLATION OF PAVING
In a memorandum dated September 8, 1988, Roger
Hardgrave, Director of Public Works/City Engineer,
explained that Genevieve Street was dedicated and improved
between 50th Street and about 52nd Street by a
subdivision. Four parcels have not been developed, and
the City has started a program to secure the necessary
right-of-way to provide sufficient paving to open the
street to traffic. (4)
.
Council Member Miller made a motion, seconded by
Council Member Pope-Ludlam and unanimously carried, that
the transfer of $8,500 from Account No. 242-000-30405,
"Unappropriated Reserve - Local Transportation Fund", to
Account No. 242-362-57678, "Paving Genevieve Street - 50th
to 54th Street" be approved; and the Director of Public
Services be directed to place 12 feet of paving from
centerline, in accordance with plans on file in the office
of the City Engineer.
TRAFFIC SIGNALS - "I" STREET AT RIALTO AVENUE
AND SECOND STREET - DEL ROSA AVENUE AND DATE
STREET - MODERNIZATION - APPROVAL OF PLANS AND
AUTHORIZATION TO ADVERTISE FOR BIDS
In a memorandum dated September 7, 1988, Roger
Hardgrave, Director of Public Works/City Engineer, stated
that plans for the modernization of traffic signals on "I"
Street, at Rialto Avenue and Second Street, and Del Rosa
Avenue and Date Street, have been prepared and the project
is ready to be advertised for bids. The total estimated
project cost is $95,500.00 (7)
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Council Member Miller made a motion, seconded by
Council Member Pope-Ludlam and unanimously carried, that
the plans and specifications for modernization of traffic
signals on "I" Street, at Rialto Avenue and Second
Street, and Del Rosa Avenue and Date Street, in accordance
with Plan No. 7351, be approved, that the Director of
Public Works/City Engineer be authorized to advertise for
bids; and that the amount of $27,500 be transferred from
Account No. 242-000-30405, "Modification of Traffic
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Signals - "I" Street at Rialto Avenue and Second Street,
and Del Rosa Avenue and Date Street."
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SECCOMBE LAKE PARK - FINDINGS OF NEED FOR HEALTH
& SAFETY REASONS - PHASE I-B
In a memorandum dated September 1, 1988, Roger
Hardgrave, Director of Public Works/City Engineer,
explained that Phase I-B in Seccombe Lake Park will
consist of two ball fields, parking lots, a maintenance
yard, landscaping and irrigation system. Construction of
these improvements is necessary before Phase I-B of the
park can be placed in service. (8)
Council Member Miller
Council Member Pope-Ludlam
finding be made that the
Park, Phase I-B, is needed
made a motion, seconded by
and unanimously carried, that a
construction of Seccombe Lake
for Health and Safety reasons.
.
SECCOMBE LAKE PARK - CONSTRUCTION OF PHASE I-B
APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE
FOR BIDS
In a memorandum dated September 8, 1988, Roger
Hardgrave, Director of Public Works/City Engineer, stated
that the plans for construction of Phase I-B of Seccombe
Lake State Urban Recreation Area have been prepared by the
consultant, and the project is ready to be advertised for
bids. The project consists of completing construction of
the park up to Seventh Street. The total estimated
project cost is $2,330,408. (9)
Council Member Miller made a motion,
Council Member Pope-Ludlam and unanimously
the plans for construction of Phase I-B of
Park, in accordance with Plan No. 7444 be
that the Director of Public Works/City
authorized to advertise for bids.
seconded by
carried, that
Seccombe Lake
approved; and
Engineer be
RELOCATION OF SEWER FACILITIES FOR CONSTRUCTION
OF ROUTE 30, HIGHLAND AVENUE TO "H" STREET -
APPROVAL OF CHANGE ORDER NO. 1 - BONADIMAN-MCCAIN.
In a memorandum dated September 8, 1988, Roger
Hardgrave, Director of Public Works/City Engineer, stated
that the relocation of sewer facilities is being performed
under an agreement with Caltrans in order to facilitate
the construction of the Route 30 extension. During
construction, numerous unknown underground utilities were
encountered and revisions to the plans were made as
required to match existing field conditions and Caltrans'
construction operations. (10)
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Council Member Miller made a motion, seconded by
Council Member Pope-Ludlam and unanimously carried, that
Change Order No. One to the contract with Bonadiman-
McCain, Inc., for the relocation of sewer facilities for
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construction of Route 30, from Highland Avenue to "H"
Street, in accordance with Plan No. 7116, be approved; and
that the contractor be authorized to perform additional
underground relocations for a net increase in the contract
price of $7,344.82, from $422,859.00 to $430,203.82.
REHABILITATION OF PAVEMENT OF HOSPITALITY LANE -
APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE
FOR BIDS
In a memorandum dated September 8, 1988, Roger
Hardgrave, Director of Public Works/City Engineer, stated
that plans for the rehabilitation of pavement on
Hospitality Lane have been prepared and the project is
ready to be advertised for bids. The total estimated
project cost is $179,000. (11)
Council Member Miller made a motion, seconded by
Council Member Pope-Ludlam and unanimously carried, that
the plans for rehabilitation of pavement on Hospitality
Lane, from Waterman Avenue to Gage Canal, in accordance
with Plan No. 7548, be approved; and the Director of
Public Works/City Engineer be authorized to advertise for
bids.
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STREET BANNER ON "E" STREET BRIDGE - SEPTEMBER 21
TO OCTOBER 6, 1988 - OCTOBER 18 - OCTOBER 3, 1988 -
PUBLICIZING 1988 ARROWHEAD UNITED WAY FUND RAISING
CAMPAIGN
In a letter dated September 6, 1988, Terrie Jo
Snyder, Director of Marketing & Communications, Arrowhead
United Way, requested that the City co-sponsor the
installation of a street banner on the "E" Street bridge
from September 21 to October 6, 1988, and October 18
through October 31, 1988. The purpose of the banner is to
publicize the 1988 Arrowhead United Way fund raising
campaign. (12)
Council Member Miller made a motion, seconded by
Council Member Pope-Ludlam and unanimously carried, that
the request for co-sponsorship with regard to the
installation of a street banner on the "E" Street bridge
from September 21 to October 6, 1988, and October 18 to
October 31, 1988, for the purpose of publicizing the 1988
Arrowhead United Way fund raising campaign, be approved.
CLAIMS AND PAYROLL
Pursuant to a memorandum dated August 31, 1988, from
Andrew Green, Acting Director of Finance, Council Member
Miller made a motion, seconded by Council Member
Pope-Ludlam and unanimously carried, that the claims and
payrolls, and the authorization of the issuance of
warrants listed by the Director of Finance, be approved.
(15)
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CITY RENTAL ASSISTANCE PROGRAM - RECEIPT OF
$40,000 CHECK FROM SAN BERNARDINO PARK OWNERS
ASSOCIATION
In a memorandum dated September 7, 1988, Ken
Henderson, Director of the Community Development
Department, gave the background of the mobilehome park
rental assistance program. He stated that it was agreed
that the City and park owners would try to capitalize the
proposed fund in the amount of $50,000. The City's share
was set at $10,000 and the owners' share at $40,000.
(2 )
Ken Henderson, Director of the Community Development
Department, introduced Mr. Clay Hage, of the San
Bernardino Park Owners Association, Sally Wilder who
worked with the Mobilehome Park Ad Hoc Committee, and
Kathy Kidley from the County of San Bernardino Community
Services Department who will administer the City of San
Bernardino Rental Assistance Program.
Mr. Hage stated that the San Bernardino Park Owners
Association and the Western Mobilehome Association are
pleased to be involved in this event and stated he felt
that the City has instituted a plan that will become a
model for the rest of the State of California.
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Mr. Hage introduced members of the San Bernardino
Park Owners Association Executive Board: Joseph Korda,
Jerry Jacobson, Bill Hanks, Robert Elias; and Jerry
Conway, State Board of Directors for the Western
Mobilehome Association.
Council Member Flores made a motion, seconded by
Council Member Minor and unanimOUSly carried, that the
Mayor and Common Council accept a check for $40,000 from
San Bernardino Mobilehome Park Owners Association as the
parks owners' contribution to the City Mobilehome Park
Rental Assistance Program.
The check for $40,000 was presented to the City of San
Bernardino.
MOBILEHOME PARK RENTAL ASSISTANCE PROGRAM FUND -
APPROPRIATION OF FUNDS FROM RENTAL REHABILITATION
PROGRAM INCOME FUNDS
In a memorandum dated September 3, 1988, Ken
Henderson, Director, Community Development Department,
gave the background of the rental assistance program
fund. As a part of the capitalization of the Mobilehome
Park Rental Assistance Program Fund, the Mayor and Common
Council previOUSly agreed to contribute $10,000 in general
fund revenues to the fund. (3)
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Council Member Flores made a motion, seconded by
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Council Member Minor and unanimously carried, that the
Mayor and Common Council appropriate $10,000 from its
Rental Rehabilitation Program Income Funds as the City's
contribution to the Mobilehome Park Rental Assistance
Program Fund.
Mayor Wilcox acknowledged
Park Committee Task Force:
Richard Elias (an alternate);
M.O.R.E.; and from the Mayor's
members of the Mobilehome
Clay Hage; Pat Anderson;
Sally Wilder, representing
Office, Patty Gonzales.
GARDEN STATE PAPER COMPANY - AUTHORIZATION TO
TERMINATE MONTH TO MONTH RENTAL - 181 S. "G" ST.
In a memorandum dated September 9, 1988, Roger
Hardgrave, Director of Public Works/City Engineer, gave
the background of the lease agreement between the City and
Garden State Paper Co., for property located at 181 S. "G"
Street. The lease expired on October 31, 1985. The
Lessee has continued to occupy the premises on a month to
month basis. Mr. Hardgrave explained that there has been
damage to the building by the lessee, and recommended
termination said rental within 90 days. (5)
Mayor Wilcox answered questions, stating
Redevelopment Agency staff has been instructed
Garden State Paper Co. in relocating.
that the
to assist
.
Council Member Miller made a motion, seconded by
Council Member Maudsley and unanimously carried, that the
Real Property Section be authorized to terminate the month
to month rental of the premises located at 181 S. "G"
Street with Garden State Paper Co. with a 90-day Notice to
lessee.
VACATION OF ALLEYS BETWEEN 28TH STREET AND
CAJON BLVD. - BETWEEN MEDICAL CENTER DRIVE AND
CALIFORNIA STREET - FINDING OF NEED FOR HEALTH
AND SAFETY REASONS
In a memorandum dated May 20, 1988, Roger Hardgrave,
Director of Public Works/City Engineer, explained that due
to the high crime rate in the Delmann Heights area, it was
suggested by the Police Department that all alleys in the
area be vacated, thus limiting access to the rear of the
properties. If authorization to proceed is given, all
property owners and occupants will be notified and given
an opportunity to respond. (6)
.
Bernie Kersey, Director of Administration and Finance
of the Water Department, stated that the vacation of the
alley along Cajon Blvd. would create a significant
problem for the Water Department, as there are water lines
in that alley that serve the properties. If the alley
were vacated, a utility easement of at least 20 feet would
have to be maintained.
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Council Member Minor made a motion, seconded by
Council Member Pope-Ludlam and unanimously carried, that
the proposed actions regarding the vacation of the alleys
located between 28th Street and Cajon Blvd., and Medical
Center Drive and California Street, be continued to
October 3, 1988, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
A discussion ensued regarding notification procedures.
Acting City Administrator Robbins stated that in this
instance, a mailing would be sent to all citizens
involved to assure that all had been properly notified.
SENIOR CITIZENS CENTER IN PERRIS HILL PARK -
CHANGE ORDER NOS. 2 AND 3 - DELETION OF FOLDING
PARTITIONS AND INSTALLA~ION OF KITCHEN EQUIPMENT -
MCLAUGHLIN CONSTRUCTION, INC.
In a memorandum dated August 25, 1988, Roger
Hardgrave, Director of Public Works/City Engineer,
explained the need for Change Order Nos. Two and Three to
the contract with McLaughlin Construction, Inc., for the
construction of the Senior Citizens Center in Perris Hill
Park. (13)
.
Annie Ramos, Director of Parks, Recreation & Community
Services Department, answered questions regarding cooking
facilities in the various Sr. Citizens' facilities,
stating that the new Perris Hill Center will be operated
on the same basis as the Fifth Street facility. The
employees are paid through a grant from the County Office
of Aging. Additional people will be hired for cooking and
serving at the Perris Hill facility.
.
Council Member Reilly made a motion, seconded by
Council Member Maudsley and unanimously carried, that
Change Order Nos. Two and Three to the contract with
McLaughlin Construction, Inc., for the construction of
Senior Citizens Center in Perris Hill Park per Plan No.
7298, be approved, authorizing the contractor to delete
the folding partitions and install kitchen equipment
deleted from the contract by Change Order No. One, for a
net increase in contract price of $80,219.00, from
$568,431.00 to $648,650.00.
INSTALLATION OF RELIEF SEWER IN CIRCLE ROAD,
NORTH OF EDGEHILL RD. - APPROVAL OF CHANGE ORDER
NO. ONE - AUTHORIZE EXTRA WORK - GRBAVAC CONSTRUC-
TION
In a memorandum dated August 24, 1988, Roger
Hardgrave, Director of Public Works/City Engineer,
explained the need for Change Order No. One to the
contract with M. Grbavac Construction for the installation
of relief sewer in Circle Road, north of Edgehill Road.
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He explained that during excavation, the contractor hit a
gas lateral line that was not shown on plans or otherwise
marked. (14)
Council Member Minor made a motion, seconded by
Council Member Reilly and unanimously carried, that
Change Order No. One to the contract with M. Grbavac
Construction for the installation of relief sewer in
Circle Road, north of Edgehill Road, in accordance with
Plan No. 7450, be approved, authorizing extra work due to
an unknown utility interference, for an increase in the
contract price of $949.01, from $32,520.00 to $33,469.01;
and that the work be approved and accepted and that final
payment in the amount of $3,388.90 (inclusive of contract
Change Order No. One, in the amount of $949.01) be
authorized at the expiration of the lien period.
PERSONNEL ACTIONS
Council Member Reilly made a motion, seconded by
Council Member Miller and unanimously carried, that the
Supplemental Personnel Action Form regarding the promotion
of John Wilson to Sr. Deputy City Attorney, be continued
to later in the afternoon. (See page 19) (16)
.
Police Chief Burnett answered questions regarding
psychological testing of prospective law enforcement
trainees, stating that he would ascertain if evaluations
had been completed. He stated this must be done before
the applicants can go to the Academy. which starts in
October.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Miller and unanimously carried, that the
Personnel Actions, as submitted by the Director of
Personnel, be continued to later in the meeting. (See page
19) (16)
RESOLUTIONS FROM BOARD OF BUILDING COMMISSIONS'
MEETING - AUGUST 5, 1988 - CONTINUED FROM
SEPTEMBER 6, 1988
This is the time and place continued to for
consideration of resolutions from the Board of Building
Commissioners' meeting of August 5, 1988. (17)
Council Member Minor
Council Member Miller,
Commissioners' Resolution
1233, 1234 be filed.
made a motion, seconded by
that Board of Building
Nos. 1229, 1230, 1231, 1232,
.
The motion carried by the following vote:
Council Members Reilly, Flores, Maudsley, Minor,
Noes: None. Absent: Council Member Estrada.
Council Member Pope-Ludlam.
Ayes:
Miller.
Abstain:
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PUBLIC HEARING - ALLEGED IMPROPRIETIES OF FILLING
CODE COMPLIANCE OFFICER POSITION
This is the time and place set for a pUblic hearing to
consider the alleged improprieties with the filling of a
Code Compliance Officer position in 1987, as filed by
James C. Clark. (18)
In a memorandum dated September 8, 1988, James C.
Richardson, Deputy City Administrator Development
Services, stated that Mr. Clark had filed an appeal to an
administrative decision concerning the appointment of a
Code Compliance (Enforcement) Officer, and set forth the
background information.
Mayor Wilcox opened the hearing.
City Attorney Penman stated that this matter may be
heard in Closed Session pursuant to Government Code
Section 54957, which is Item 72 on the agenda. He
explained that there is a loophole in the Civil Service
Rules which permitted this matter to come before the Mayor
and Common Council.
At 9:53 a.m., Council Member Flores made a motion,
seconded by Council Member Minor and unanimously carried,
that the meeting be recessed to a Closed Session pursuant
to Government Code 54957 to consider personnel matters.
.
CLOSED SESSION
At 9:53 a.m., the Closed Session was called to order
by Mayor Wilcox in the Conference Room of the Council
Chambers of City Hall, 300 North "D" Street, San
Bernardino, California. (18, 72)
ROLL CALL
Roll Call was taken with the fOllowing being present:
Mayor Wilcox; Council Members Reilly, Flores, Maudsley,
Minor, Miller; City Attorney Penman, Acting City
Administrator Robbins, City Clerk Clark. Absent:
Council Members Estrada, Pope-Ludlam.
CITY
City
replaced
CLERK CLARK EXCUSED
Clerk Clark left the Closed
by Deputy City Clerk Reese.
Session and
was
Also present: Deputy City Administrator - Development
Services Richardson; Civil Service Examiner DeFratis;
Director of Building & Safety Sutton; Director of
Personnel Johnson; Ed Lehman, representing James Clark;
James Clark.
.
ADJOURN CLOSED SESSION
At 10:15 a.m., the Closed Session adjourned to the
Regular Meeting of the Mayor and Common Council in the
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Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
RECONVENE MEETING
At 10:16 a.m., the Regular Meeting of the Mayor and
Common Council reconvened in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll Call was taken by City Clerk Clark with the
fOllowing being present: Mayor Wilcox; Council Members
Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller;
City Attorney Penman, City Clerk Clark, Acting City
Administrator Robbins. Absent: Council Member Estrada.
PUBLIC HEARING - ALLEGED IMPROPRIETIES WITH THE
FILLING OF CODE COMPLIANCE OFFICER - JAMES CLARK
Mayor Wilcox stated that James Clark requested that
the hearing concerning the filling of a Code Compliance
Officer be continued to November 21, 1988. (18)
Council Member Flores made a motion, seconded by
Council Member Minor, that the pUblic hearing regarding
alleged proprieties with the filling of Code Compliance
Officer be continued to November 21, 1988, in the Council
Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
.
The motion carried by the
Council Members Reilly, Flores,
Noes: None. Absent: Council
Council Member Pope-Ludlam.
following vote:
Maudsley, Minor,
Member Estrada.
Ayes:
Miller.
Abstain:
PUBLIC HEARING - PROPOSED ORDINANCE REGARDING
THE PREVENTION OF SALE OF HARMFUL MATERIALS TO
MINORS
This is the time and place set to consider a proposed
ordinance adding Chapter 9.70 to the San Bernardino
Municipal Code to prevent the sale to minors of harmful
materials in public places. (Newsrack ordinance)
(19 )
In a memorandum dated August 18, 1988, Assistant City
Attorney Brue outlined the provisions of the proposed
ordinance.
Mayor Wilcox opened the hearing.
City Clerk Clark stated that no protests had been
received.
.
City Attorney Penman explained that changes had been
made in the ordinance and requested that the title be
amended by interdelineation to read as follows:
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ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
CHAPTER 9.70 TO THE SAN BERNARDINO MUNICIPAL
CODE TO PREVENT THE SALE TO MINORS OF HARMFUL
MATERIALS IN PUBLIC PLACES.
FIRST
Mr.
page 1,
prevent
Penman also recommended the following change on
line 17: after the word "machine", insert "to
any minor from purchasing said harmful matter".
Sherri Tuckett, 25474 Lynwood Dr., stated that the
ordinance has nothing to do with the First Amendment, but
is for control and regulation of harmful materials to
minors. She urged the Council to vote "yes" on the
proposed ordinance, to protect children in the community
from harmful materials.
Ms. Tuckett stated that newsracks displaying these
harmful materials are located in front of the Del Rosa
Post Office, and can be viewed by any minors walking by.
She stressed that the City should maintain standards of
decency.
Ms. Tuckett presented a petition regarding regulating
these harmful materials to City Clerk Clark.
.
Police Chief Burnett stated he had been involved in
the meetings regarding problems with harmful materials,
and felt that this ordinance would provide an effective
solution.
City
Amendment
this type
from such
Attorney Penman explained that the First
provides that you can't prohibit the sale of
of materials. However, minors can be protected
materials.
Mr. Penman explained that Sr. Assistant City Attorney
Barlow had done a great deal of research on this issue and
suggested the requirement that an adult be stationed
within 50 feet of the vending machine to prevent any minor
from purchasing this material. Mr. Penman stated he did
not know of any cases that would prevent this, but that
it would be a matter to be tested in court.
Mr. Penman explained they had been very careful in
defining what is "harmful material" and referred to the
Penal Code definition in Section 313, which was
incorporated into the proposed ordinance. He also
explained provisions that protect the property of the
vendor by giving proper notice of City actions.
City Attorney Penman answered questions regarding
enforcement.
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Police Chief Burnett answered questions regarding
identification and notification to owners of newsracks.
City Attorney Penman read Penal Code Section 313
regarding harmful matter.
City Attorney Penman answered questions
notification of news rack owners prior to the
the proposed ordinance.
regarding
passage of
City Attorney Penman answered questions regarding the
use of State law rather than a local ordinance regarding
harmful matter. He stated that the District Attorney's
Office does not have sufficient staff to handle this type
of case when there are numerous crimes of a more serious
nature to prosecute.
Ms. Tuckett stated that the Postal officials had told
her that the City is responsible for the newsracks, as the
sidewalks are City property.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Miller and unanimously carried, that the
hearing be closed.
City Clerk Clark read the title of the ordinance.
.
Council Member Pope-Ludlam
Council Member Miller, that
ordinance be waived and said
final passage.
made a motion, seconded
further reading of
ordinance be laid over
by
the
for
City Clerk Clark expressed concern over the
enforcement of the ordinance and explained that the
news rack may be owned by persons other than those who own
the newspapers, and various newspapers can be contained in
various units in the same newsrack. This makes
identification and regulation difficult.
The motion
Council Members
Council Members
Estrada.
carried by the following vote:
Reilly, Minor, Pope-Ludlam, Miller.
Flores, Maudsley. Absent: Council
Ayes:
Noes:
Member
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.
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88-350 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF
AN AGREEMENT WITH THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO RELATING TO
INSURANCE COVERAGE.
(R-13)
City Clerk Clark read the title of the resolution.
Council Member Flores made a motion, seconded by
Council Member Maudsley and unanimously carried, that
further reading of the resolution be waived and said
resolution be adopted.
Resolution No. 88-350 was adopted
vote: Ayes: Council Members Reilly,
Minor, Pope-Ludlam, Miller. Noes: None.
Member Estrada.
by the following
Flores, Maudsley,
Absent: Council
JOINT PUBLIC HEARING - YWCA
This is the time and place set for a pUblic hearing to
consider negotiations among the YWCA, City of San
Bernardino and the Redevelopment Agency of the City of San
Bernardino regarding property located at 566 N. Lugo
Street. (R-15)
.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Miller and unanimously carried, to continue
the joint public hearing regarding property located at 566
N. Lugo Street to Monday, October 3, 1988, at 11:00 a.m.,
in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
RES. 88-351 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AFFIRMING THE ACTIVE PARTICIPATION
IN, AND THE ENCOURAGEMENT OF, MAXIMUM LOCAL
SUPPORT OF THE JOINT-VENTURE FOR AFFORDABLE
HOUSING IN THE COMMUNITY. (Program participa-
tion with U. S. Department of Housing and
Urban Development and Dukes-Dukes and Assoc.)
(33)
City Clerk Clark read the title of the resolution.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Miller and unanimously carried, that
further reading of the resolution be waived.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Maudsley, that said resolution be adopted.
.
Resolution No. 88-351 was adopted
vote: Ayes: Council Members Reilly,
Minor, Pope-Ludlam, Miller. Noes: None.
Member Estrada.
by the fOllowing
Flores, Maudsley,
Absent: Council
- 13 -
9/19/88
.
RECESS MEETING TO MANAGEMENT INFORMATION CENTER
(MIC) - DISCUSSION OF CLOSED SESSION LITIGATION
ITEMS
At 1:22 p.m., Council Member Minor made a motion,
seconded by Council Member Reilly and unanimously carried,
that the meeting be recessed to a luncheon workshop in the
Management Information Center (MIC), Sixth Floor, City
Hall, 300 North "D" Street, San Bernardino, California.
WORKSHOP - CLOSED SESSION LITIGATION ITEMS
At 1:30 p.m., the Workshop to discuss Closed Session
Litigation Items was called to order by Mayor Wilcox in
the Management Information Center (MIC), Sixth Floor, City
Hall, 300 North "D" Street, San Bernardino, California.
(59 )
ROLL CALL
Roll Call was taken by the City Clerk with the
following being present: Mayor Wilcox; Council Members
Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City
Attorney Penman, City Clerk Clark, Acting City
Administrator Robbins. Absent: Council Member Estrada.
Mayor Wilcox showed
type of refuse collection
Services Department.
a video tape regarding the new
trucks to be used in the Public
.
RECESS WORKSHOP TO CLOSED SESSION
At 1:42 p.m., Council Member Minor made a motion,
seconded by Council Member Flores and unanimously carried,
that the workshop 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: (76)
Cable Lake
San Bernardino
239649;
Association vs. City of San Bernardino-
Superior Court Case No. 239714 and Case No.
Stubblefield Construction Company, et al YS. City of
San Bernardino, et al - San Bernardino Superior Court Case
No. 232998;
Juan Manuel Sanchez YS. City of San Bernardino
United States District Court Case No. CV87-2291 AWT (Bx);
Charles H. Brown YS. City of San Bernardino - San
Bernardino Superior Court Case No. 243087;
.
Sock Dawson, et al YS. City of San Bernardino, et al -
United States District Court - Case No. SA 88-461 AHS
(RWRx)
- 14 -
9/19/88
's" 111!'"
.
Galindo, et al vs. City of San Bernardino, et al - San
Bernardino Superior Court Case No. SCV239959;
Deshawn LaRue Wolley vs. City of San Bernrdino, et al
- San Bernardino Superior Court Case No. 228789;
John McPhail vs. City of San Bernardino, et al - San
Bernardino Superior Court Case No. 242582;
William vs. Clark, et al - San Bernardino Superior
Court Case No. 239714.
CLOSED SESSION
At 1:42 p.m., the Closed Session was called to order
by Mayor Wilcox in the Management Information Center
(MIC), Sixth Floor, City Hall, 300 North "D" Street, San
Bernardino, California.
ROLL CALL
Roll Call was taken by City Clerk Clark with the
following being present: Mayor Wilcox; Council Members
Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City
Attorney Penman, City Clerk Clark, Acting City
Administrator Robbins. Absent: Council Member Estrada.
.
Also
Scroggin,
Office.
present: Deputy City
Operations Supervisor
Attorney Roth, Margaret
in the City Attorney's
RECESS CLOSED SESSION
At 2:10 p.m., Council Member Flores made a motion,
seconded by Council Member Maudsley and unanimously
carried, that the Closed Session recess to the Regular
Meeting in the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California.
RECONVENE MEETING
At 2:25 p.m., the Regular Meeting of the Mayor and
Common Council reconvened in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll Call was taken by City Clerk Clark with the
following being present: Mayor Wilcox; Council Members
Reilly, Flores, Maudsley, Minor, Miller; City Attorney
Penman, City Clerk Clark, Acting City Administrator
Robbins. Absent: Council Members Estrada, Pope-Ludlam.
.
DISCUSSION OF AND RECOMMENDATION OF SCAG'S
REGIONAL HOUSING NEEDS ASSESSMENT
In a memorandum dated September 13, 1988, Michael W.
Loehr, Interim Planning Director, explained that the
Southern California Association of Governments (SCAG) is
required by State Housing Law to identify existing and
- 15 -
9/19/88
,.
.
future housing needs every five years. Mr. Loehr stated
that while the City recognizes its responsibility to
provide housing for all economic segments of the
community, the constraints associated with available land
will make it difficult to reach the goal established by
SCAG. (68)
Valerie Ross, Sr. Planner, presented a comprehensive
report on the housing requirements specified by SCAG. She
stated that by the year 2010, it is anticipated there will
be approximately 5,000,000 additional people in the six
county area, of which San Bernardino County is a part.
SCAG has determined certain housing requirements for
various time periods. The number of new units recommended
for the City of San Bernardino by the date July 1, 1994
is approximately 10,000.
.
Ms. Ross stated that the Planning Staff had reviewed
the SCAG document and expressed their concern that the
City cannot reach that goal, based on available and
suitable sites. She also pointed out constraints in the
City, such as faults, fire and high winds in the foothill
areas, lack of infrastructure and insufficient public
facilities in the Verdemont area, as well as liquefaction
in other areas. Ms. Ross stated the SCAG figures are not
mandatory, but a goal to strive for.
Ms. Ross stated the CAC and a sub-committee of the
Planning Commission had considered this issue and
recommended a "revision", not a "reduction", as a
reduction might require the establishment of a new figure,
which they are not ready to do.
CITY ATTORNEY PENMAN EXCUSED
City Attorney Penman left the Council Meeting and was
replaced by Deputy City Attorney Empeno.
Ms. Ross answered questions of the Council.
Council Member Miller made a motion, seconded by
Council Member Flores and unanimously carried, that the
Council direct the Mayor to send a letter to the Southern
California Association of Governments requesting a
revision in the City's share of the Regional Housing Needs
Assessment.
.
APPEAL - DENIAL OF REVIEW OF PLANS NO. 88-60 _
MULTI-TENANT RETAIL BUILDING - NORTHEAST CORNER
OF WATERMAN AND HOSPITALITY LANE - M. S.
PARTNERSHIP
This is the time and place set to hear an appeal filed
by Michael Palmer & Associates, representing M. S.
Partnership on the denial of Review of Plans No. 88-60 by
the Development Review Committee and the Planning
- 16 -
9/19/88
.
Commission for construction of a multi-tenant retail
building. The location of the proposed development is the
northeast corner of Waterman Avenue and Hospitality Lane.
The denial was based on failure to meet setback
requirements, insufficient parking and dangerous
circulation both on and off-site. (69)
In a memorandum dated August 31, 1988, Michael Loehr,
Interim Planning Director, gave the background of the
proposed development and stated that the subject parcel
was created as the result of condemnation procedures
commenced by the City on July 18, 1985. The City
condemned land adjacent to and south of this site to
construct the westerly extension of Hospitality Lane to
connect with Waterman Avenue. on March 12, 1987, the case
concluded with a judgment that the City pay the property
owner $418,000.
Mr. Loehr further stated
parcel is unbuildable due to
in his memorandum that the
setback requirements.
Mayor Wilcox opened the hearing.
John Montgomery, Sr. Planner, explained the proposed
development and reasons for denial.
.
Attorney W. R. Holcomb, representing the appellant,
encouraged the City to find a way to make this property
buildable, rather than leaving it a blighted, undeveloped
parcel at the economic heart and entrance of the City.
Mr. Holcomb stated this could be a viable piece of
property if the City is willing to accept the San
Bernardino County Flood Control analysis of a setback
requirement, which they established at 28 feet, rather
than the 100 foot setback required by the City. Certain
other conditions would have to be considered, such as a
certain type of foundation, and landscaping.
Mr. Holcomb stated he had spoken with Council Member
Estrada, who had indicated she would be willing to work
out some of the difficulties in this project. He
requested that the Council either continue the matter
until Council Member Estrada is present; send back to
staff with instructions to work it out; or send to some
appropriate committee.
A discussion ensued regarding other problems of the
proposed project, especially traffic circulation.
.
Mr. Holcomb stated that these other problems can be
worked out, and expressed his opinion that the requirement
of a 100 foot setback is arbitrary and unreasonable.
- 17 -
9/19/88
.
.
John Montgomery, Sr. Planner, answered
stating that the setback requirement is
mitigation by the Public Works Department.
questions,
a standard
Council Member Reilly made a motion, seconded by
Council Member Miller, that the appeal on Review of Plans
No. 88-60 be continued to October 3, 1988, in the Council
Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
The
Council
Council
Estrada,
motion carried by the following vote:
Members Reilly, Flores, Minor, Miller.
Member Maudsley. Absent: Council
Pope-Ludlam.
Ayes:
Noes:
Members
APPEAL - STANDARD REQUIREMENT CONDITION NO. 41 -
TENTATIVE TRACT NO. 13457 - STORM WATER DRAINAGE
FEE
This is the time and place set to hear an appeal
filed by Forecast Development, regarding Standard
Requirement Condition No. 41 for Tentative Tract No.
13457, which requires the developer to pay a storm water
drainage fee. The project is located at the south side of
Mill Street, east of Meridian and the Southern Pacific
Railroad Right-of-Way. (70)
.
It was stated that Forecast Development had asked for
a continuance.
Council Member Flores made a motion, seconded by
Council Member Minor and unanimously carried, that the
appeal regarding Standard Requirement Condition No. 41 for
Tentative Tract No. 13457, be continued to October 3,
1988, in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
INTERIM POLICY DOCUMENT CONSISTENCY PROCEDURE -
APPROVAL
In a memorandum dated August 30, 1988, Michael Loehr,
Interim Director of Planning, explained that pursuant to a
letter from the State Office of Planning and Research
(OPR), dated July 1, 1988, the Planning Department has
worked with the Public Works and Building and Safety
Departments to formulate a coordinated consistency
procedure which would control all stages of development.
The City Attorney's Office reviewed the procedure and
stated that formal approval of the procedure was
necessary. (71)
John Montgomery, Sr. Planner, presented the background
regarding the IPD Consistency Procedure.
.
Mr. Montgomery answered questions regarding the appeal
process, stating that normal appeal procedures were
- 18 -
9/19/88
---~~~----- ---T---------~---
.
provided through the Development Review Committee, the
Planning commission and the Mayor and Common Council.
Deputy City Attorney Empeno stated that the City
Attorney's Office agreed with Mr. Montgomery in terms of
the appeal procedures involved.
Council Member Minor made a motion, seconded by
Council Member Miller and unanimously carried, that the
Mayor and Council approve of the attached Interim Policy
Document Consistency Procedure.
COUNCIL MEMBER REILLY EXCUSED
Council Member Reilly left the Council Meeting.
PERSONNEL ACTIONS - CONTINUED FROM EARLIER
IN THE MEETING (See Page 8)
Council Member Minor made a motion, seconded by
Council Member Maudsley and unanimously carried, that the
Personnel Actions submitted by the Director of Personnel,
in accordance with all administrative regulations of the
City of San Bernardino, be approved, with the exception of
No. 26. (16)
COUNCIL MEMBER REILLY RETURNED
Council Member Reilly returned to the Council Meeting
and took his place at the Council Table.
.
READING AND WAIVING OF RESOLUTIONS
City Clerk Clark read the titles of
resolutions on the Council Agenda.
all the
Council Member Miller made a motion, seconded by
Council Member Minor and unanimously carried, that further
reading of all the resolutions on the Council Agenda be
waived.
CITY ATTORNEY PENMAN RETURNED
City Attorney Penman returned to the Council Meeting.
COMBINATION OF RESOLUTION NOS. 28 AND 40
City Attorney Penman explained that Resolution Nos. 28
and 40 had been combined to provide for the proper
codification of the provisions of the resolution being
amended.
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 September 6, 1988) (20)
.
Council Member Maudsley made a motion, seconded by
Council Member Flores and unanimously carried, that said
- 19 -
9/19/88
!!!"
.
resolution be continued
Council Chambers of City
Bernardino, California.
to October 17,
Hall, 300 North
1988, in the
"D" Street, San
RESOLUTION OF THE CITY OF SAN BERNARDINO
RENEWING THE COMMITMENT 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. (Continued
from September 6, 1988) (21)
Council Member Minor made a motion, seconded by
Council Member Flores and unanimously carried, that said
resolution be continued to later in the afternoon. (See
page 44)
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 September 6, 1988) (22)
Council Member Minor made a motion, seconded by
Council Member Flores and unanimously carried, that said
resolution be tabled.
.
COUNCIL MEMBER POPE-LUDLAM RETURNED
At 3:25 p.m., Council Member Pope-Ludlam returned to
the Council Meeting and took her place at the Council
Table.
RES. 88-352 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF THE
AGREEMENT WITH THE SAN BERNARDINO COMMUNITY
AGAINST DRUGS RELATING TO FUNDING FOR THE
FISCAL YEAR 1988-1989. (Continued from
September 6, 1988) (23)
Jeri Simpson, President and Chief Executive Officer of
the San Bernardino Community Against Drugs, answered
questions regarding funding. She stated that the City has
provided funding in the amount of $44,500. That amount
is subsidized with fund raisers, and grants and donations
from community groups and individuals. Ms. Simpson
stated that the organization is not a member of Arrowhead
United Way.
.
Carl Clemmons, a member of the Board of Directors of
the San Bernardino Community Against Drugs, urged members
of the Council to read the material that was distributed
to them regarding the work that is being done in the fight
against drugs.
- 20 -
9/19/88
.
Council Member Miller made a
Council Member Pope-Ludlam, that
adopted.
motion, seconded
said resolution
by
be
Resolution No. 88-352 was adopted
vote: Ayes: Council Members Reilly,
Minor, Pope-Ludlam, Miller. Noes: None.
Member Estrada.
by the following
Flores, Maudsley,
Absent: Council
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 September
6, 1988) (23a)
Council Member Miller made a motion, seconded by
Council Member Reilly and unanimously carried, that said
resolution be continued to October 3, 1988.
RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN EMPLOYMENT
AGREEMENT FOR THE POSITION OF CITY ADMINIS-
TRATOR. (24)
.
Council Member Minor
Council Member Maudsley and
resolution be continued to
page 44)
RES. 88-353 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH PRC PUBLIC MANAGEMENT SERVICES,
INC., RELATING TO CONSULTING SERVICES FOR THE
CONVERSION TO THE POLICE RECORDS MANAGEMENT
SYSTEM. (25)
made a motion, seconded by
unanimously carried, that said
later in the afternoon. (See
Acting City
questions regarding
management system.
Administrator
the Police
Robbins
Department
answered
records
Council Member Minor made a motion, seconded by
Council Member Reilly, that said resolution be adopted.
Resolution No. 88-353 was adopted by the following
vote: Ayes: Council Members Reilly, Flores, Maudsley,
Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council
Member Estrada.
.
- 21 -
9/19/88
..
.
RES. 88-354 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN BERNARDINO APPROVING AND
AUTHORIZING EXECUTION AND DELIVERY OF A JOINT
POWERS AGREEMENT CREATING THE BIG INDEPENDENT
CITIES EXCESS POOL JOINT POWERS AUTHORITY,
AUTHORIZING THE EXECUTION AND DELIVERY OF A
LIABILITY RISK COVERAGE AGREEMENT AND THE
FILING OF VALIDATION PROCEEDING AND CERTAIN
OTHER ACTIONS IN CONNECTION THEREWITH.
(BICEP) (26)
Council Member Minor made a motion, seconded by
Council Member Miller, that said resolution be adopted.
Resolution No. 88-354 was
vote: Ayes: Council Members
Minor, Pope-Ludlam, Miller.
Council Member Estrada.
adopted
Reilly,
Noes:
by the
Flores,
None.
following
Maudsley,
Absent:
RES. 88-355 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION NO. 6433
ENTITLED IN PART "A RESOLUTION . . . OF THE
CITY OF SAN BERNARDINO": BY INCREASING THE
NUMBER OF DEPUTY CITY ATTORNEYS FROM 4 TO 5
IN THE CITY ATTORNEY'S DEPARTMENT AND ADDING
UNDER THE CLASSIFICATION TITLE "SR. DEPUTY
CITY ATTORNEY". (27)
.
City Attorney Penman answered questions, stating that
this resolution deletes the contract attorney position and
adds an additional position of Deputy City Attorney.
Council Member Minor made a motion, seconded by
Council Member Maudsley, that said resolution be adopted.
Resolution No. 88-355 was adopted
vote: Ayes: Council Members Reilly,
Minor, Pope-Ludlam, Miller. Noes: None.
Member Estrada.
by the following
Flores, Maudsley,
Absent: Council
RES. 88-356 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION NO..6413
ENTITLED IN PART "A RESOLUTION . . . ESTAB-
LISHING A BASIC COMPENSATION PLAN. . ." BY
ADDING THE POSITIONS OF DATA SYSTEM OPERATOR
AT RANGE 3086 ($1467-1789/MO.), DATA PROCESSING
COORDINATOR AT RANGE 3124 ($2346-2860/MO.) and
SR. DEPUTY CITY ATTORNEY AT RANGE 3178 ($4570-
5566/MO) EFFECTIVE SEPTEMBER 20, 1988.
(28, 40)
.
City Attorney Penman explained that resolutions 28 and
40 had been combined to assist in the codification of
Resolution No. 6413.
- 22 -
9/19/88
If
.
Council Member Flores made a motion, seconded by
Council Member Maudsley, that said resolution be adopted.
Resolution No. 88-356 was adopted by the following
vote: Ayes: Council Members Reilly, Flores, Maudsley,
Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council
Member Estrada.
Council Member Minor made a motion, seconded by
Council Member Flores, that the following resolutions be
adopted:
RES. 88-357 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH SEQUOIA PACIFIC SYSTEMS
CORPORATION RELATING TO ELECTION SUPPLIES AND
SERVICES FOR THE PRIMARY MUNICIPAL ELECTION
TO BE HELD ON MARCH 7, 1989. (29)
RES. 88-358 - RESOLUTION OF THE CITY OF SAN
BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS
OF REAL PROPERTY LOCATED WITHIN THE CITY OF
SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT
OF PUBLIC NUISANCES. (1575 Citrus, 5055 David
Way, 230 E. Dumas St., 1701 Genevieve, 151
S. "I" Street, 625 S. Mountain View) (30)
.
RES. 88-359 - RESOLUTION OF THE CITY OF SAN
BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS
OF REAL PROPERTY LOCATED WITHIN THE CITY OF
SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT
OF PUBLIC NUISANCES. (243 E. 48th Street,
268 S. Allen Street, 851 E. Mill Street, 138
E. Olive, 838 San Jacinto Avenue) (31)
Resolution Nos. 88-357, 88-358, and 88-359 were
adopted by the following vote: Ayes: Council Members
Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller.
Noes: None. Absent: Council Member Estrada.
RES. 88-360 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO CHARLES GANN
FOR DEMOLITION AND CLEARANCE OF RESIDENTIAL
STRUCTURES LOCATED AT 1263 NORTH MT. VERNON
AVENUE (EIGHT [8] APARTMENTS), SAN BERNARDINO,
CALIFORNIA. (32)
.
A discussion ensued regarding the lack of affordable
housing in San Bernardino, and that the demolition of many
of these apartment complexes creates vacant lots which are
used for dumping trash.
City Attorney Penman explained that the City did not
request this demolition. The owner requested it because
- 23 -
9/19/88
I'
x
.
it was not economically feasible to rehabilitate the
apartments.
Ken Henderson,
Department, answered
funds for assistance
use.
Director, Community Development
questions regarding the use of CDBG
in demolitions, stating it is a valid
Council Member Minor made a motion, seconded by
Council Member Flores, that said resolution be adopted.
Resolution No. 88-360 was adopted by the following
vote: Ayes: Council Members Reilly, Flores, Maudsley,
Minor, Miller. Noes: Council Member Pope-Ludlam.
Absent: Council Member Estrada.
Council Member Flores made a motion, seconded by
Council Member Reilly, that the following resolutions be
adopted:
.
RES. 88-361 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS,
RECREATION AND COMMUNITY SERVICES DEPARTMENT
TO MAKE APPLICATION FOR AND ACCEPT A GRANT FROM
"ACTION" IN THE AMOUNT OF $35,580 FOR THE
RETIRED SENIOR VOLUNTEER PROGRAM FOR THE
PERIOD OCTOBER 1, 1988, THROUGH SEPTEMBER
30, 1989. (34)
RES. 88-362 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AMEND-
MENT NO. 5 TO THE AGREEMENT WITH THE SAN BERNAR-
DINO CITY UNIFIED SCHOOL DISTRICT RELATING TO
THE DELIVERY OF TYPE A LUNCHES AND SCHEDULE B
SNACKS TO CITY'S DELMANN HEIGHTS HEAD START
CENTER, TO EXTEND THE TERM OF THE AGREEMENT FOR
AN ADDITIONAL ONE YEAR PERIOD AND INCREASE THE
STUDENT LUNCHES TO NINETY CENTS EACH AND STU-
DENT SNACKS TO TWENTY-FIVE CENTS. (35)
Resolution No. 88-361 and 88-362 were
following vote: Ayes: Council Members
Maudsley, Minor, Pope-Ludlam, Miller.
Absent: Council Member Estrada.
adopted by the
Reilly, Flores,
Noes: None.
Council Member Miller made a motion, seconded by
Council Member Flores, that the fOllowing resolutions be
adopted:
.
- 24 -
9/19/88
.
RES. 88-363 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION 6413 ENTITLED
IN PART "RESOLUTION . . . ESTABLISHING A BASIC
COMPENSATION PLAN. . ." BY PROVIDING A PAY
INCREASE FOR THE PART-TIME HEADSTART CLASSES
OF TEACHER/DIRECTOR FROM $8.2800/HR. TO
$8.7700/HR.; TEACHER FROM $7.5400/HR. TO
$8.000/HR.; TEACHER/AIDE FROM $4.5700\HR. TO
$4.8600 HR. AND TYPIST CLERK FROM $4.5700/HR.
TO $4.8600/HR. EFFECTIVE SEPTEMBER 7, 1988.
(36)
.
RES. 88-364 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION No. 6433 ENTITLED
IN PART "A RESOLUTION . . . CREATING AND ESTAB-
LISHING POSITIONS FOR THE VARIOUS DEPARTMENT OF
THE CITY OF SAN BERNARDINO"; BY CREATING THE
POSITIONS OF CODE COMPLIANCE SUPERVISOR,
SENIOR CODE COMPLIANCE OFFICER, AND TYPIST
CLERK III AND INCREASING THE NUMBER OF CODE
COMPLIANCE OFFICERS FROM 3 TO 6. (37)
RES. 88-365 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION NO. 6433 ENTITLED
IN PART "A RESOLUTION . . . CREATING AND ESTAB-
LISHING POSITIONS FOR THE VARIOUS DEPARTMENTS
OF THE CITY OF SAN BERNARDINO"; BY CREATING THE
POSITION OF ADMINISTRATIVE OPERATIONS SUPERVISOR
II AND CHANGING THE NUMBER OF PERSONNEL ASSIS-
TANTS FROM 2 TO 1. (38)
RES. 88-366 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION NO. 6429 ENTITLED
IN PART "A RESOLUTION . . . ESTABLISHING A
BASIC COMPENSATION PLAN FOR OFFICERS AND/OR
EMPLOYEES OF THE POLICE AND FIRE DEPARTMENTS
OF THE CITY OF SAN BERNARDINO". (39)
Resolution Nos. 88-363, 88-364, 88-365, and 88-366
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 Reilly, that the following resolutions be
adopted:
.
- 25 -
9/19/88
If
.
RES. 88-367 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION NO. 10584 EN-
TITLED IN PART "A RESOLUTION . . . ESTABLISHING
. . . EMPLOYER-EMPLOYEE RELATIONS. . ."; BY
ADDING THE POSITIONS OF DATA SYSTEM OPERATOR,
DATA PROCESSING COORDINATOR, AND SENIOR DEPUTY
CITY ATTORNEY TO THE CONFIDENTIAL GROUP EFFEC-
TIVE SEPTEMBER 20, 1988. (41)
RES. 88-368 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION NO. 10584 EN-
TITLED IN PART "A RESOLUTION . . . ESTABLISHING
. . . EMPLOYER-EMPLOYEE RELATIONS . . ." BY
DELETING THE POSITION OF REAL PROPERTY ENGINEER
FROM THE MANAGEMENT GROUP. (42)
RES. 88-369 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION NO. 10584 EN-
TITLED IN PART "A RESOLUTION . . . ESTABLISHING
. . . EMPLOYER-EMPLOYEE RELATIONS. . ."; BY
ADDING THE POSITION OF REAL PROPERTY SUPERVISOR
EFFECTIVE SEPTEMBER 20, 1988. (43)
Resolution Nos. 88-367, 88-368, 88-369 were adopted by
the following vote: Ayes: Council Members Reilly,
Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None.
Absent: Council Member Estrada.
.
Council Member Maudsley made a motion, seconded by
Council Member Flores, that the following resolutions be
adopted:
RES. 88-370 - 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 REAL PROPERTY SUPERVISOR
AT RANGE 2145 ($2755-3708/MO.) (44)
RES. 88-371 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF THE
CITY OF SAN BERNARDINO HEALTH CARE PREMIUM
PAYMENT PLAN. (45)
RES. 88-372 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE SUPERINTENDENT OF
PUBLIC BUILDINGS/PARKING CONTROL TO CANCEL
CERTAIN UNCOLLECTIBLE PARKING CITATIONS. (46)
RES. 88-373 - A RESOLUTION OF THE CITY OF SAN
BERNARDINO DECLARING ITS INTENTION TO ORDER
THE VACATION OF A PORTION OF MEYERS ROAD,
WEST OF LITTLE LEAGUE DRIVE. (47)
.
- 26 -
9/19/88
.
RES. 88-374 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO BONADlMAN-
MC CAIN, INC., FOR CONSTRUCTION OF A RELIEF
SEWER IN MILL STREET, EAST OF LYTLE CREEK TO
MT. VERNON. (48)
Resolution Nos. 88-370, 88-371, 88-372, 88-373, 88-374
were adopted by the following vote: Ayes: Council
Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam,
Miller. Noes: None. Absent: Council Member Estrada.
RES. 88-375 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO THE VANCE
CORPORATION FOR WIDENING RAILROAD GRADE
CROSSING NO. 2U-4.2 ON TIPPECANOE AVENUE, AND
APPROVING CONTRACT CHANGE ORDER NO. ONE. (49)
Council Member Reilly made a motion, seconded by
Council Member Minor and unanimously carried, that said
resolution be adopted, and that the transfer of $10,000
from Account No. 242-362-5737, "Signals-Mt.Vernonl Rialto
to Tenth" to Account No. 242-362-57363, "Tippecanoe Avenue
Grade Crossing", be approved.
Resolution No. 88-375 was adopted by the following
vote: Ayes: Council Members Reilly, Flores, Maudsley,
Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council
Member Estrada.
.
RES. 88-376 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO FOUR-WAY
CONSTRUCTION, INC. FOR CONSTRUCTION OF A
SEWER IN AN EASEMENT NORTH OF TWENTIETH
STREET, FROM "D" STREET 266' EASTERLY. (50)
Council Member Reilly made a motion, seconded by
Council Member Minor, that said resolution be amended by
interdelineation by changing "G" to "D" in the title and
body of the resolution (line 2 1/2) and line 7 1/2 on page
1, and that said resolution be adopted as amended.
Resolution No. 88-376 was adopted by the following
vote: Ayes: Council Members Reilly, Flores, Minor,
Pope-Ludlam, Miller. Noes: None. Absent: Council
Member Estrada. Abstain: Council Member Maudsley.
RES. 88-377 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
EXTENSION OF TERM OF LEASE WITH THE SEDLAK
FAMILY TRUST RELATING TO A ONE YEAR EXTENSION
OF THE TERM FOR THAT CERTAIN OFFICE BUILDING
COMMONLY KNOWN AS 646 NORTH SIERRA WAY. (51)
.
- 27 -
9/19/88
I'
.
Council
seconded by
adopted.
Member Member Pope-Ludlam made a motion,
Council Member Minor, that said resolution be
Resolution No. 88-377 was adopted by the following
vote: Ayes: Council Members Reilly, Flores, Maudsley,
Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council
Member Estrada.
MAYOR WILCOX EXCUSED - POSSIBLE CONFLICT OF INTEREST
Mayor Wilcox stated she would leave the meeting prior
to the reading of the ordinances, due to a possible
conflict of interest, and Council Member Miller assumed
the duties of Mayor Pro Tempore.
COUNCIL
Council
Meeting.
MEMBERS REILLY, MAUDSLEY EXCUSED
Members Reilly, Maudsley left the
Council
READING AND WAIVING OF ORDINANCES
City Clerk Clark read the titles of all the qrdinances
on the Council Agenda.
Council Member Minor made a motion, seconded by
Council Member Flores and unanimously carried, that final
reading of the following ordinances be waived.
.
ORD. MC-637 - ORDINANCE OF THE CITY OF SAN FINAL
BERNARDINO AMENDING SECTION 5.04.525 SUB-
SECTION E OF THE SAN BERNARDINO MUNICIPAL
CODE TO INCLUDE TEMPORARY EMPLOYMENT SER-
VICES UNDER WHOLESALERS FOR BUSINESS LICENSE
PURPOSES. (52)
City Clerk Clark answered questions and explained that
this ordinance was written to correct an inequity that
exists regarding business license fees. She stated that
her office had received two written complaints concerning
the definition of gross receipts for businesses.
Council Member Minor made a motion, seconded by
Council Member Flores, that said ordinance be adopted.
Ordinance MC-637
Ayes: Council Members
Noes: None. Absent:
Maudsley.
was adopted by the fOllowing vote:
Flores, Minor, Pope-Ludlam, Miller.
Council Members Estrada, Reilly,
COUNCIL MEMBER REILLY RETURNED
Council Member Reilly returned to the Council Meeting
and took his place at the Council Table.
.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council Meeting.
- 28 -
9/19/88
.
Council Member Minor made a motion,
Council Member Flores, that the following
adopted.
seconded by
ordinances be
ORD. MC-638 - ORDINANCE OF THE CITY OF SAN FINAL
BERNARDINO AMENDING SECTION 3.16.050 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO
POWER OF CITY ADMINISTRATOR AND ADDING SEC-
TION 3.16.060 RELATING TO CLAIMS REVIEW
COMMITTEE AND SECTION 3.16.070 RELATING TO
FUNCTION OF CLAIMS REVIEW COMMITTEE. (53)
ORD. MC-639 - ORDINANCE OF THE CITY OF SAN FINAL
BERNARDINO 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 BERNAR-
DINO MUNICIPAL CODE ESTABLISHING YEAR TO DATE
AND MULTI-YEAR DOG LICENSING. (54)
Ordinance Nos. MC-638, MC-639 were
following vote: Ayes: Council Members
Minor, Miller. Noes: None. Absent:
Estrada, Maudsley, Pope-Ludlam.
adopted by the
Reilly, Flores,
Council Members
.
MAYOR WILCOX RETURNED
Mayor Wilcox returned to the Council Meeting and took
her place at the Council Table.
COUNCIL MEMBERS MAUDSLEY, POPE-LUDLAM
Council Members Maudsley, Pope-Ludlam
Council Meeting and took their places
Table.
RETURNED
returned
at the
to the
Council
TRAFFIC SYSTEMS FEE - RETAIL COMMERCIAL
DEVELOPMENT - SOUTHEAST CORNER OF WATERMAN
AVENUE AND THIRD STREET - MERICKEL DEVELOP-
MENT - REQUEST FOR WAIVER
In a memorandum dated August 23, 1988, Roger
Hardgrave, Director of Public Works/City Engineer, stated
that Merickel Development requested a waiver of the
Traffic Systems Fee for Building "A" of their
retail/commercial development located at the southeast
corner of Waterman Avenue and Third Street because of time
factors. Mr. Hardgrave stated that the advertisement of
the proposed fee was adequate and did not recommend a
waiver based on lack of notification. (67)
Council Member Minor made a motion, seconded by
Council Member Pope-Ludlam and unanimously carried, that
the request for a waiver of traffic systems fee for retail
commercial development at the southeast corner of Waterman
.
- 29 -
9/19/88
.--
.
Avenue and
continued to
City Hall,
California.
Third Street by Merickel Development be
October 3, 1988, in the Council Chambers of
300 North "D" Street, San Bernardino,
MILES VICTORIAN HOUSE - HISTORICAL STRUCTURE
In a memorandum dated September 15, 1988, Ken
Henderson, Director, Community Development Department,
explained the background of the negotiations regarding the
Miles Victorian House, 439 Eighth Street. The Community
College District purchased the Miles House land with the
intention of developing the lot for District parking.
Since that time, several questions have been raised
concerning the fate of the house and the possibility of
maintaining it as a historic site in the City. (R-17)
Mr. Henderson presented four
consideration in working out a solution
the Miles House as follows:
alternatives for
to the problem of
1. Restore house at present site.
is $496,000.
The estimated cost
2. Move house and restore at alternate site. The
estimated cost is $392,000 $415,000, depending on
distance and route to new location.
.
3. Hire structural engineer to determine feasibility
of moving house. Estimated cost is $5,000.
4. Demolition of house. Estimated cost is $88,000.
5. Eminent Domain. Estimated cost is $80,000, plus
unknown administrative expenses.
Mr. Henderson explained that all five alternatives
include the purchase of the Heritage House parking lot, in
order to retain lot for current use.
City Attorney Penman answered questions regarding the
alternative of Eminent Domain.
Mr. Henderson answered questions regarding a
historical designation if the house were moved to another
location.
.
Chuck Beeman, President of the Board of Trustees of
the San Bernardino Community College District, stated
the Board would do everything it could to work with the
City in finding a way to preserve the Miles House. He
agreed that the house ~s an important part of the
historical heritage of San Bernardino. However, the
District is committed to taking definite action on
September 26, 1988, and requested that the City make a
- 30 -
9119/88
, ,
.
decision prior to that date. He stated that the District
has spent $150,000 on their present location and it is
vital that they have additional parking.
Mr. Henderson emphasized the importance of maintaining
the parking spaces that are now available in the Heritage
House parking lot.
Mr. Marshall Miles, former owner of the Miles house,
stated he hoped the City would take the house and convert
it into a museum. If this could not be done, he would
prefer any alternative that would prevent its being
demolished.
Council Member Maudsley made a motion, seconded by
Council Member Reilly and unanimously carried, that the
City hire a structural engineer to determine the
feasibility of moving the Miles house to another suitable
location, at a maximum cost of $5,000.00
Council Member Maudsley made a motion, seconded by
Council Member Miller and unanimously carried, that the
City explore the possibility of purchasing the Heritage
House parking lot at an estimated cost of $80,000.00
Mr. Henderson stated that additional funds will have
to be identified from sources other than Community
Development funds in order to complete this project.
.
COUNCIL MEMBER REILLY EXCUSED
Council Member Reilly left the Council Meeting.
AYSO SOCCER PARK - PACIFIC AND ORANGE -
REQUEST FOR FINANCIAL SUPPORT - CONTINUED
FROM SEPTEMBER 6, 1988.
This is the time and place continued to for
consideration of a request from Roger Itaya, Regional
Commissioner of the American Youth Soccer Organization for
financial support and ballfield maintenance of the AYSO
Park located at Pacific and Orange Streets. (55)
At the meeting of September 6, 1988, Annie Ramos,
Director of Parks, Recreation & Community Services, stated
In a memorandum dated August 12, 1988, the amount of costs
lncurred by the City in maintaining the AYSO soccer
fields.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Minor and unanimously carried, that the
request for financial support and ballfield maintenance
for AYSO be continued to October 3, 1988, in the Council
Chambers of Ci ty Hall, 300 North "D" Street, San
Bernardino, California.
.
- 31 -
9/19/88
..
.
COUNCIL MEMBER REILLY RETURNED
Council Member Reilly returned to the Council Meeting
and took his place at the Council Table.
HISPANIC CHAMBER OF COMMERCE - EMPLOYMENT
PREPAREDNESS PROJECT - AUTHORIZATION TO CLOSE
FUND AND TRANSFER MONIES - CONTINUED FROM
SEPTEMBER 6, 1988
This is the time and place set to consider
authorization to close out FY 1987/88 CDBG funded Hispanic
Chamber of Commerce "Employment Preparedness" project and
transfer of funds in the amount of $22,285.50. (56)
At the meeting of September 6, 1988, in a memorandum
dated August 17, 1988, Ken Henderson, Director of
Community Development, described the conditions of funding
provided to the Hispanic Chamber of Commerce 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.
Council Member Miller made a motion, seconded by
Council Member Pope-Ludlam and unanimously carried, that
the matter regarding the Hispanic Chamber of Commerce
"Employment Preparedness" project be continued to October
3, 1988, in the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California.
.
COUNCIL MEMBER MINOR EXCUSED
Council Member Minor left the Council Meeting.
BOARD OF WATER COMMISSIONERS - AUTHORIZATION TO
ACT AS RECEIVER FOR AND SERVE WATER TO CARDIFF
FARMS MUTUAL WATER COMPANY - CONTINUED FROM
SEPTEMBER 6, 1988
This is the time and place
consideration of authorizing the
Commissioners to act as receiver for
Cardiff Farms Mutual Water Company.
continued to for
Board of Water
and serve water to
(57 )
At the meeting of September 6, 1988, in a memorandum
dated August 25, 1988, Bernard Kersey, Director of
Administration and Finance, Water Department, stated that
the County of San Bernardino Environmental Health
Department had requested the Water Department to act as a
court-appointed receiver for Cardiff Farms Mutual Water
Company, Superior Court Case No. 244293.
Council Member Flores made a motion, seconded by
Council Member Pope-Ludlam and unanimously carried, that
the Board of Water Commissioners be authorized to act as
receiver for, and serve water to Cardiff Farms Mutual
Water Company.
.
- 32 -
9/19/88
-~-~--------
COUNCIL MEMBER MILLER EXCUSED
Council Member Miller left the Council Meeting.
.
COUNCIL MEMBER
Council Member
and took his place
MINOR RETURNED
Minor returned to the
at the Council Table.
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 -
CONTINUED FROM AUGUST 15, 1988
This is the time and place continued to for
consideration of a Negative Declaration and Finding of
consistency with the Interim Policy Document and
installation of a storm drain in Del Rosa Avenue from
Foothill Drive to Bonita Vista Drive. (58)
At the meeting of September 6, 1988, in a memorandum
dated April 8, 1988, City Attorney Penman advised the City
Engineer of the City's potential liability if there is an
attempt to alleviate the drainage problem occurring on the
private property of Mrs. Damus from a natural spring.
.
City Attorney Penman explained there are complicated
legal problems involved, which include a natural spring
which has caused annoyance and potential damage to the
residents below, and possible encroachment of neighbors on
property owned by the primary land owner. He stated his
concern was that if the City becomes involved, it could
assume some of the liability.
Council Member Maudsley made a motion, seconded by
Council Member Reilly and unanimously carried, that the
Negative Declaration for Public Works Project No. 88-17,
installation of a storm drain in Del Rosa Avenue, from
Foothill Drive to Bonita Vista Drive, be adopted; that a
finding be made that the installation of a storm drain in
Del Rosa Avenue, from Foothill Drive to Bonita Vista
Drive, is consistent with the Interim POlicy Document; and
that no actual work be done until the legal problems are
resolved.
COUNCIL MEMBER MILLER RETURNED
Council Member Miller returned to the Council Meeting
and took her place at the Council Table.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council Meeting.
.
COUNCIL PERSONNEL COMMITTEE REPORT - SEPTEMBER
8, 1988 - COUNCIL MEMBER MINOR
Council Member Minor, Acting Chairman of the Council
Personnel Committee, gave the report of the Council
- 33 -
9/19/88
~_--~-----------c----
,
.
Personnel Committee meeting held on September 8, 1988.
The following items were on the agenda: (60)
1. Reclassification of Real Property
The Committee recommended approval.
appear on the September 19, 1988, Council
Enqineer -
This item
Agenda.
will
2. Proposed Transfer of Data Systems Operator
From General Employee Unit to Manaqement/Confiden-
tial unit - Data processinq Division - The
Committee recommended approval. This item will
appear on the September 19, 1988, Council
Agenda. The Committee asked that a cost compari-
son be provided with this item.
3. Proposed Creation of New Position - Data
Systems Coordinator - Data Processinq Division -
This item was a recommendation to reestablish
this position and the salary. One-half of the
funding will come from training funds and the
other half will come from accumulated software
funds. The Committee recommended approval.
.
4. Creation of ~ Senior Deputy City Attorney
Position - Deletion of an Attorney IV Contract
Position - This item was a "walk-on" by the
City Attorney. The initial presentation
consisted of three options and two separate
agenda items.
The first item was a request to provide a
litigation attorney by:
A. Creating a City Attorney IV litigation
position, or
B. Advertising for a 3-year contract attorney,
or
C. Farming out litigation cases which would
double the cost.
.
The second item was to create a Senior Deputy
City Attorney position at a level just below
that of Ms. Brue. Both these positions would
be funded from outside litigation funds. There
was some urgency given to the matter and the
Committee agreed that the issue should go to the
full Council on September 19, 1988. After the
meeting and with telephone concurrence of the
Committee members, the City Attorney tietermined
that the creation of a Senior Deputy City
Attorney position and deletion of a Contract
Attorney IV position was what was required.
The City Attorney was asked to provide as much
- 34 -
9/19/88
backup information as possible for the full
Council to consider.
.
Council Member Reilly made a motion, seconded
Council Member Flores and unanimously carried, that
minutes of the Council Personnel Committee meeting
September 8, 1988, be received and filed.
by
the
of
MAYOR WILCOX EXCUSED
Mayor Wilcox left the Council Meeting and Council
Member Miller assumed the duties of Mayor Pro Tempore.
COUNCIL
Council
Meeting and
MEMBER POPE-LUDLAM RETURNED
Member Pope-Ludlam returned
took her place at the Council
to the
Table.
Council
COUNCIL MEMBER MAUDSLEY EXCUSED
Council Member Maudsley left the Council Meeting.
POLICE DEPARTMENT AD HOC SITE SELECTION
COMMITTEE - SEPTEMBER 9, 1988 - COUNCIL
MEMBER MINOR
Council Member Minor presented the report of the
Police Building Ad Hoc Committee meeting held on September
9, 1988. The following item was discussed: (61)
.
The Committee received the latest information
from the SGS consultants. Members of the
Committee were asked to provide comments and
input to Assistant City Engineer Mr. Gene
Klatt, for consolidation. The Police Department
and Fire Department were particularly tasked to
take a very strong look at site selections and
Engineering would be looking at impacts at each
site. The City Treasurer and Deputy City
Administrator/Development will explore
financing vehicles and present these options
at the next meeting. The Committee determined
that it was urgent that a meeting be set as
soon as Council Member Maudsley returns from
vacation so that some hard decisions can be
made regarding site and financing. The consul-
tants need the information to prepare a final
draft as soon as possible.
Council Member Minor stated that the Committee had
met with the consultant and discussed three primary sites:
Highland and Western Avenues, 8th and "F" Streets, and 2nd
and "F" Streets. It was decided the best one is Highland
and Western Avenues.
Council Member Reilly
Council Member Flores and
made a motion, seconded by
unanimously carried, that the
.
- 35 -
9/19/88
~--.--~~-~~----------
.
minutes of the Police Department Ad Hoc Site Selection
committee held September 9, 1988, be received and filed.
DISCUSSION REGARDING POSSIBLE PURCHASE OF
OPERATION SECOND CHANCE BUILDING FOR POLICE
FACILITY
Council Member Minor stated that no action is required
on this item. (62)
COUNCIL
Council
Meeting and
MEMBER MAUDSLEY RETURNED
Member Maudsley returned
took his place at the Council
to the
Table.
Counc il
WAYS AND MEANS COMMITTEE REPORT - SEPTEMBER
12, 1988 - COUNCIL MEMBER MILLER
Council Member Miller gave the report of the Ways and
Means Committee meeting held September 12, 1988. The
following items were on the agenda: (63)
1. Request tQ Reduce Purchase Price of Kelloqq
Library - Eliiah Sinqletary - Item continued
to September 26, 1988.
.
2. Proqram Expansion Proposal and Fee Adiust-
ments - Item continued to September 26, 1988.
The Committee had questions regarding copy
charges by the Police Department versus other
departments. Costs for researching items to
be copied will be studied and presented at the
next meeting.
3. Visitors/Convention Bureau - Item continued
to September 26, 1988. The Committee recommended
that the Chamber of Commerce request that the
agenda item for September 19, be continued to the
Council Agenda of October 3, 1988. A steering
group chaired by Mr. Dave Porter, with the
following members, was asked to re-analyze and
present a single, specific plan with mission
statement and a method of creation and funding
for a Visitors/Convention Bureau:
Jim Richardson
Bob Spivack
Laurie Aldern
Les Dabritz
Bill Fields
Richard Bennecke
Ann Harris
Gil Snyder
Pat Caffrey
Sam Henley
4. Summary of Fee Increases - Item received
and filed. Fee folders were distributed to
the Committee members and will be distributed
to the Mayor and remaining Council members.
The fees will be updated periodically.
.
- 36 -
9/19/88
.
5. Parkinq District Fundinq Report - Item
continued to September 26, 1988. A plan for
surveying the City surface lots and prelimin-
ary information obtained from Parking Place
Commission will be presented.
Council Member Flores made a motion, seconded by
Council Member Reilly and unanimously carried, that the
minutes of the Ways and Means Committee meeting held
September 12, 1988, be received and filed.
POLICY - COMMITTEE REPORTS
It was informally agreed that in order the save time
in future Council meetings, the Committee minutes not be
read during the meeting, but perhaps be included in the
Consent Calendar.
.
STREET SWEEPING SURVEY - APPROVAL OF EXPENDITURE
OF $4,200
In a memorandum dated September 8, 1988, Fred Wilson,
Assistant to the City Administrator, stated that last
year, due to budget constraints, the street sweeping
service was cut back to once per month for residential
areas. The possibility of establishing a fee for street
sweeping was identified last year as a potential new
source of income. A report was prepared in May, 1988,
which considered a city-wide street sweeping fee.
Subsequently, the Ways and Means Committee requested staff
to perform a survey on the proposal. (64)
A copy of the proposed survey was attached to the
report, with four alternatives for consideration:
A.
single
$26.00
parks.
Current Service User Fee: $1.00 per month for
family, $5.00 per month for retail/commercial;
per month for apartment complexes and mobilehome
Revenue per year: $708,282.
B. Upgraded Service User
sweeping from once to twice per
residential units; $7.00\ month
$37.10 for apartment complexes
Revenue per year: $991,594.
Fee: Upgrade street
month: $1.40/month for
for retail/commercial;
and mobilehome parks.
C. Outside
contract with
undetermined.
Contractor: Discontinue City service and
private sector. Cost savings are
D. No Change: Continue current City street sweeping
services.
.
Manuel Moreno, Jr., Director of Public Services,
explained the cause of the reduction of street sweeping
services from twice a month to once a month and explained
- 37 -
9/19/88
--.
.
various billing mechanisms.
fair sampling of opinion
obtained through the survey.
He also recommended that a
from the various wards be
MAYOR WILCOX RETURNED
Mayor Wilcox returned to the Council Meeting and took
her place at the Council Table.
Council Member Minor made a motion, seconded by
Council Member Maudsley and unanimously carried, that an
expenditure in the amount not to exceed $4,200 from the
Refuse Fund Account No. 127-411-53150 for the purpose of
conducting a street sweeping survey, be approved, as
amended by removing Item B, and proceeding with Items A,
C, and D.
.
REFUSE COLLECTION - AUTHORIZATION TO IMPLEMENT
ONCE PER WEEK - FIVE RESIDENTIAL LOCATIONS AND
SEVEN MOBILEHOME PARKS
In a memorandum dated August 8, 1988, Manuel Moreno,
Jr., Director, Public Services, explained that for FY
1988-89, the Mayor and Council approved the purchase of
three automated side-loading refuse vehicles. The
Department of Public Services/Residential Refuse Section
prepared a proposal to incorporate the side-loaders into
the current schedule, and is requesting authorization to
implement one time per week pickup in five residential
areas and seven mobilehome parks, which were described in
Attachments A and B. (65)
Manuel
introduced
Kelly who
furnishing
collection
Moreno, Jr., Director,
Jesse Sparks, Donald Warren,
are representatives of the
containers and equipment
program.
Public Services,
Phil Smith and Pat
various businesses
for the refuse
Mr. Moreno pointed out areas recommended for the new
collection schedule on a map.
Mr. Moreno explained the recommended schedule of the
refuse pick-up and stated they anticipated a pick-up of
anywhere from 700 to 800 containers per day.
Mr.
problem
vehicles
Moreno answered questions regarding a possible
with the new automated side-loading refuse
in cutting off tree branches.
Mr. Don Warren, representing the company that is
furnishing the automated refuse vehicles, answered
questions regarding the tree problem and suggested that
citizens place their refuse container on side of driveways
where trees would not be a problem.
.
- 38 -
9/19/88
.
Mr.
factor
street.
Warren also answered questions regarding the wind
involved in blowing the containers down the
A discussion ensued regarding
handicapped or elderly might have in
containers to the street for pick-up.
problems
getting
the
their
Jesse Sparks spoke of other cities he had provided
containers for and the assistance the elderly and
handicapped citizens needed in getting refuse containers
to the street.
Mr.
being
charged
Moreno requested that in addition to
charged for one container, that $7.00
for a second container, if needed.
the $7.00
also be
Mr. Moreno answered questions, stating that brush
trimmings tied in bundles could be picked up every second
week, and that grass trimmings could be collected in the
regular pick-up. He also stated his department would
handle tree trimming problems as they arose.
.
Council Member Minor made a motion, seconded by
Council Member Reilly and unanimously carried, that the
Department of Public Services/Refuse Residential Section
be authorized to implement one time per week refuse pickup
in the five locations listed on Attachment A in the
Council backup and the seven mobilehome parks listed on
Attachment B; a review of the program will be conducted in
six months; assistance will be provided to the handicapped
and elderly with presentation of medical verification;
consideration will be given to the tree trimming problem;
and there will be a $7.00 charge for the second refuse
container.
REFUSE BUDGET - AUTHORIZATION TO TRANSFER FUNDS
TO ACCOUNTS TO BE ESTABLISHED TO COVER COST OF
COLLISION INSURANCE
In a memorandum dated September 2, 1988, Manuel
Moreno, Jr., Director, Public Services, included
supporting documents regarding collision insurance.
(66 )
Acting City Administrator Robbins answered questions.
Council Member Reilly made a motion, seconded by
Council Member Minor and unanimously carried, that the
Director of Finance be authorized to transfer $36,744 from
Account Number 127-000-30405 (Unappropriated Reserve)
equally into Account Numbers 127-412-53904 and
127-413-53904 (Collision Insurance) to be established for
budget line item.
.
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9/19/88
.
RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING AND DIRECTING THE EXECUTION OF
AN AGREEMENT WITH DR. LAWRENCE BLUM REGARD-
ING PSYCHOLOGICAL EXAMINATIONS FOR APPLICANTS
TO THE POLICE DEPARTMENT. (S-l)
City Clerk Clark read the title of the resolution.
In a memorandum dated September 16, 1988, Donald
Burnett, Police Chief, explained that the Police
Department had been without the services of a psychologist
to perform psychological examinations since July 1, 1988.
After a discussion with City Attorney Penman, Personnel
Director Johnson, and Risk Management Director Kirwan, it
was agreed to consider contracting with a new psychologist
for police officer evaluation services. A survey of
available psychologists was conducted and Dr. Larry Blum
was selected due to his extensive work and expertise in
psychological services for police.
.
City Attorney Penman stated that no cap had been
provided in the proposed agreement with Dr. Blum, because
it is difficult to determine how many examinations will be
conducted. Mr. Penman explained that four people are
being tested without a contract between Dr. Blum and the
City, but that it is important that these evaluations be
done, even though they are being done without the City
being protected by Dr. Blum's mal-practice insurance. Mr.
Penman stated that they had weighed the risk involved and
concluded it was the better choice than not having the
evaluations done.
Mr. Penman answered questions, stating that RFPs are
not required for professional services, and Dr. Blum was
selected because of his expertise in testifying in court
and conducts police candidate testing for other cities.
John Kirwan, Director of Risk Management, stated that
Dr. Blum comes highly recommended.
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 adopted.
The motion failed by the following vote:
Council Members Reilly, Pope-Ludlam, Miller.
Council Members Flores, Maudsley, Minor. Absent:
Member Estrada.
Ayes:
Noes:
Council
.
Council Member Minor made a motion, seconded by
Council Member Maudsley and unanimously carried, that said
resolution be continued to October 3, 1988, in the Council
Chambers of City Hall, 300 North "D" Street, San
Bernardino, California, for more information.
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9/19/88
Tf
.
BOARD OF BUILDING COMMISSIONERS' ORDER TO
VACATE, SECURE AND DEMOLISH - 765 N. "D"
STREET - ALBERT MAMLOUK
In a memorandum dated September 16, 1988, Acting City
Administrator Robbins stated that on September 15, 1988,
the following actions took place: The doors on the
building at 765 N. "D" were padlocked by the Bldg. &
Safety Dept.; plans were submitted to the Bldg. & Safety
Dept., but fees were not paid; the engineer was notified
that paid fees were necessary before the plan check could
proceed; a temporary restraining order was served on the
City. At 8:00 a.m., on September 16, 1988, the padlocks
were removed and the building remains open. (S-3)
In a letter dated September 14, 1988, W. R. Holcomb,
representing Albert Mamlouk, requested that Mr. Mamlouk
be allowed to proceed to build a new building and to
operate his present store until said building is
completed. Mr. Holcomb stated that Mr. Mamlouk had sent
a set of plans to the City for a plan check and has
furnished the City with a rider on his insurance policy
for a million dollar liability. An extension of 160
additional days was requested, pending completion of the
new store.
.
City Attorney Penman explained that the Temporary
Restraining Order (TRO) prevents the City from closing the
building until a hearing has been held on the Preliminary
Injuction.
Attorney Holcomb, representing Mr. Mamlouk, explained
that the owner of the building at 765 N. "D" Street, is
sOliciting bids to determine if it is economically
feasible to retrofit the building. Mr. Mamlouk, tenant
at 765 N. "D" Street, is hoping to build a new building
next door to that address and conduct his business there.
City Attorney Penman answered questions, stating
that the City still has some liability in the matter,
although the TRO removes some of that liability because
the City is legally prevented from closing the building.
He stated that the City's position is that the building is
unsafe.
John Kirwan, Director of Risk Management, stated he
was unaware that the insurance policy was good for only 60
days. He also expressed concern that the insurance
company was aware of the condition of the building.
Mr. Penman answered questions, stating that the 30 day
extension granted on August 15, 1988, expired on September
15, 1988. The insurance policy appears to be good for 60
days, which would be October 15, 1988.
.
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9/19/88
1
.
Council Member Reilly made a motion, seconded by
Council Member Pope-Ludlam, that the matter regarding the
property at 765 N. "D" Street, be continued to 4:00 p.m.,
October 3, 1988, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
The motion
Council Members
Miller. Noes:
Member Estrada.
carried by the following vote: Ayes:
Reilly, Flores, Maudsley, Pope-Ludlam,
Council Member Minor. Absent: Council
COUNCIL MEMBER POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council Meeting.
RECESS MEETING - CLOSED SESSION
At 7:04 p.m., Council Member Minor made a motion,
seconded by Council Member Miller and unanimously carried,
that the meeting recess to a Closed Session under the
following:
Government Code Section
matters.
54957 to consider personnal
(72)
Government Code Section 54957.6 to
designated representatives regarding labor
meet with
relations.
(73)
its
.
Government Code Section 54956.9(b)(1) to
its attorney regarding pending litigation
significant exposure to litigation.
confer with
as there is
(74)
Government Code Section 54956.9(c) to confer with its
attorney regarding pending litigation so that Council may
decide whether to initiate litigation. (75)
Government Code
attorney regarding
initiated formally
follows:
Section 54956.9(a) to
pending litigation
to which the City
confer
which
~s a
with its
has been
party as
(76, S-2)
City of San
Manaqement, Inc.,
Case No. 238755;
Bernardino ys. California
et al - San Bernardino
Construction
Superior Court
Saldecke, et al vs. City of San Bernardino, et al-
San Bernardino Superior Court Case No. 236836;
Cable Lake
San Bernardino
239649;
Association v~. City of Sa~ BernardinQ-
Superior Court Case No. 239714 and Case No.
.
City of
Club, Inc.
239193;
San Bernardino vs. San Bernardino
San Bernardino Superior Court
Baseball
Case No.
- 42 -
9/19/88
[
.
Stubblefield Construction Company, et al vs. City of
San Bernardino, et al - San Bernardino Superior Court Case
No. 232998;
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;
Waqoner vs. Flocken - San Bernardino Superior Court
Case No. 234180 and No. 137160;
Sock
- United
(RWRx)
Dawson, et al vs. City of San Bernardino, et al
States District Court - Case No. SA 88-461 AHS
Galindo, et al vs. City of San Bernardino, et al - San
Bernardino Superior Court Case No. SCV239959;
Deshawn La Rue Wollev vs. City of San Bernardino, et
al - San Bernardino Superior Court Case No. 228789;
John McPhail vs. City of San Bernardino, et al - San
Bernardino Superior Court Case No. 242582;
.
William vs. Clark, et al - San Bernardino Superior
Court Case No. 239714
Inland Manpower Association vs. McLauqhlin - United
States District Court of Appeal - 9th Cir. No. 88-7260.
CLOSED SESSION
At 7:04 p.m., the Closed Session was called to order
by Mayor Wilcox in the Conference Room 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 Reilly, Flores, Maudsley,
Minor, Miller; City Attorney Penman, Acting City
Administrator Robbins. Absent: Council Members Estrada,
Pope-Ludlam. City Clerk Clark.
Also present: Assistant City Attorney Brue.
COUNCIL MEMBER POPE-LUDLAM ARRIVED
At 7:10 p.m., Council Member Pope-Ludlam arrived at
the Closed Session.
CITY CLERK CLARK ARRIVED
City Clerk Clark arrived at the Closed Session.
.
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9/19/88
.
CITY CLERK CLARK EXCUSED
City Clerk Clark left the Closed Session.
CITY ATTORNEY PENMAN EXCUSED
City Attorney Penman left the Closed Session.
ADJOURN CLOSED SESSION
At 8:42 p;m., the Closed Session adjourned to the
Regular Meeting of the Mayor and Common Council in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
RECONVENE MEETING
At 8:42 p.m., the Regular Meeting of the Mayor and
Common Council reconvened in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll Call was taken by City Clerk Clark with the
following being present: Mayor Wilcox; Council Members
Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller.
Acting City Administrator Robbins, City Clerk Clark.
Absent: Council Member Estrada, City Attorney Penman.
.
RESOLUTION OF THE CITY OF SAN BERNARDINO
RENEWING THE COMMITMENT 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 September 6, 1988) (See page 20)
(21)
Council Member Miller made a motion, seconded by
Council Member Flores and unanimously carried, that said
resolution be continued to October 3, 1988, in the Council
Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN EMPLOYMENT
AGREEMENT FOR THE POSITION OF CITY ADMINIS-
TRATOR. (See page 21) (24)
Council Miller made a motion, seconded by Council
Member Flores and unanimously carried, that said
resolution be continued to October 3, 1988, in the Council
Chambers of City Hall, 300 North "D" Street, San
Bernrdino, California.
.
- 44 -
9/19/88
.
ADJOURN MEETING
At 8:45 p.m., Council Member Reilly made a motion,
seconded by Council Member Flores and unanimously carried,
that the Regular Meeting of the Mayor and Common Council
be adjourned to 9:00 a.m., October 3, 1988, in the Council
Chambers of Ci ty Hall, 300 North "D" Street, San
Bernardino, California. (77)
~////$Ll6~
./ City Clerk
No. of Items:
No. of Hours:
85
8 3/4
.
.
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9/19/88