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HomeMy WebLinkAbout12-05-1988 Minutes ----"r-n-- City of San Bernardino; California . December 5, 1988 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox at 9:08 a.m., on Monday, December 5, 1988, 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. MOMENT OF SILENCE - IN MEMORY OF COUNCIL MEMBER MAUDSLEY'S FATHER A moment of silence was observed in memory of Council Member Maudsley's father. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Flores. . ROLL Roll following Estrada, Attorney Robbins. CALL Call was taken by City Clerk Clark with the being present: Mayor Wilcox; Council Members Reilly, Flores, Minor, Pope-Ludlam, Miller; City Penman, City Clerk Clark, Acting City Administrator Absent: Council Member Maudsley. PUBLIC COMMENTS - SUSAN SMITH Susan Smith spoke regarding her president of the Council. brother running (A) for PROCLAMATION - DRUNK, DRUG DRIVING AWARENESS WEEK - DECEMBER 11 - 17, 1988 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino designating the week of December 11 - 17, 1988, as National Drunk, Drug Driving Awareness Week in San Bernardino. (B) Captain Dave Thomas of the San Bernardino Police Department and Delores Rodriquez, President of the San Bernardino Chapter of Mothers Against Drunk Drivers (MADD), were present to accept the proclamation. . PROCLAMATION - HISPANIC BLOOD DONOR WEEK - DECEMBER 12 - 18, 1988 Richard Bennecke, Executive Assistant to the Mayor read a proclamation of the Mayor of the City of San Bernardino - 1 - 12/5/88 . proclaiming the week of December 12 - 18, 1988, as Hispanic Blood Donor Week in the City of San Bernardino. (B) Dr. Paul Sautter, Director of the San Bernardino Bank, and Bob Martinez, President of the Hispanic Table and Director of Mental Health for the County Bernardino, were present to receive the proclamation. Blood Round of San PRESENTATION - JENISE SCHMIDT - TO THE CITY - FIRST ANNUAL SAN BERNARDINO BICYCLE GRAND PRIX Jenise Schmidt, on behalf of the Tri City Velo Sports, presented a poster to the Mayor and Common Council and thanked City officials for their efforts in helping to make the first annual bicycle race a success. She stated that a race is scheduled for October 15, 1989. (B) PRESENTATION - AUW - SUE NOREEN Sue Noreen, President of the Arrowhead United Way Board of Directors, commended the City of San Bernardino for its participation in the AUW Drive, and presented plaques to several departments and individuals for their outstanding participation in the current Arrowhead United Way Drive. (B) COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. . WAYS AND MEANS COMMITTEE MEETING REPORT - NOVEMBER 28, 1988 - COUNCIL MEMBER ESTRADA The following items were included on the agenda of the Ways and Means Committee meeting held on November 28, 1988: (1) 1. Admission Tax - Item continued to February 13 meeting. An extensive report was received from Attorney Brue. Organizations affected addressed the Committee. Based on pending review by the Fourth District Court regarding the Mont- clair issue over violation of the First and Fourth Amendments, the Committee felt it appro- priate to continue this item until those results are known. The staff was asked to provide the Committee a list of impacted groups, i.e., schools, Orange Show, bowling alleys, theaters, Civic Light Opera, etc. A clear definition of admission versus entertainment tax was also requested of staff for the February 13 meeting. . 2. Visitors/Convention Bureau - Presentation of Rules of Incorporation/By-Laws, etc. - Item con- tinued to December 12. Mr. Richardson, Dr. Porter and Ms. Aldern provided a very comprehensive brief- ing of the rules and by-laws. Discussion was held - 2 - 12/5/88 . with the Sr. Assistant City Attorney regarding his review of same. Some minor clarifications/changes were recommended. The Committee was in agreement that the Interim Board presently in place remain until at least all the preliminary functions are taken care of, then have the City Attorney assist in determining the permanent board installment. The only recommendation to the job description of the executive director was to add grant writing experience in the qualifications. 3. Increase Charge for Returned Checks - Item continued to December 11 meeting to allow Attorney Brue additional research time. 4. Real Property Available for Sale - Continued without discussion due to time constraints. 5. Victim Support Funding - This was a walk-on item at the request of Council Member Flores. Although it was an emergency item since funds for this program will be totally expended by the end of December, the item was referred to the December 12 meeting. . Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the minutes of the Ways and Means Committee meeting held November 28, 1988, be received and filed. FIFTH WARD PARK EXTENSION FUNDS - MELISSA AND BRADLEY NEWBERRY MEMORIAL PARK - PURCHASE AND INSTALLATION OF TOT LOT PLAY EQUIPMENT In a memorandum dated November 22, 1988, Annie F. Ramos, Director of Parks, Recreation & Community Services, stated that plans and construction contracts have been approved for the Newberry Park Development Project. There are sufficient funds for construction, but not enough to purchase and install tot lot equipment in the sand play lot which will be constructed. The request for Fifth Ward Park Extension Funds has been coordinated with Council Member Minor. (2) Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that $15,000 from Fifth Ward Park Extension Funds for the purchase and installation of play equipment at the Melissa and Bradley Newberry Memorial Park, be approved. . - 3 - 12/5/88 1 . BLAIR PARK - BARTA SENIOR FIELD - CHAIN LINK BACKSTOP - APPROVAL OF PLANS - AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated November 21, 1988, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for the construction of a chain link backstop for Barta Senior Baseball Field at Blair Park have been prepared and the project is ready to be advertised for bids. The total estimated project cost is $55,000. (3) Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the plans for the construction of a chain link backstop for Barta Senior Baseball Field at Blair Park, in accordance with Plan No. 7596, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids. . NEWMARK - SAN-RI - PALM LITTLE LEAGUE FIELD _ ELK'S PONY FIELD - IMPROVEMENT OF LIGHTING SYSTEMS - APPROVAL AND ACCEPTANCE OF WORK _ DAVID RICHARDS CONSTRUCTION In a memorandum dated November 21, 1988, Roger Hardgrave, Director of Public Works/City Engineer, stated that all work under the contract with David Richards Construction for improvements of lighting systems in Newmark, San-Ri & Palm Little League Fields, and Elk's Pony Field were satisfactorily completed as of October 19, 1988. The final actual contract price was $200,088.00. (4) Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the work performed by the contractor for the improvement of lighting systems for Newmark, San-Ri, Palm Little League Field and Elk's Pony Field, in accordance with Plan No. 7368, be approved and accepted; and that final payment be authorized at the expiration of the lien period. CLAIMS AND PAYROLL Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the claims and payrolls, and the authorization to issue warrants as listed on the memorandum from the Director of Finance, be approved. (7) PERSONNEL ACTIONS Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the Personnel Actions submitted by the Director of Personnel, in accordance with all administrative regulations of the City of San Bernardino, be approved. (8) . - 4 - 12/5/88 - T . SPECIAL MUNICIPAL ELECTION - NOVEMBER 8, 1988 - CERTIFICATION OF RESULTS In a memorandum dated November 28, 1988; Shauna Clark, City Clerk, requested that the Special Municipal Election held on November 8, 1988, be declared official. Attached to her memorandum were a Statement of Votes Cast and a Certificate of Registrar of Voters. (8a) Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the results of the Special Municipal Election, consolidated with the Statewide General Election held on November 8, 1988, as set forth in the Statement of Votes Cast, and certified by the Registrar of Voters, be declared official as follows: Total Votes Cast - 43,677 Measure IIW" Charter Amendment - Amending Article IV, Section 55(d) Yes 23,588 No 10,313 . AUTHORIZATION TO EXTEND MONTH TO MONTH RENTAL - 181 S. "G" STREET - GARDEN STATE PAPER CO. In a memorandum dated November 17, 1988, Roger Hardgrave, Director of Public Works/City Engineer, stated that Garden State Paper had been leasing the premises at 181 S. "G" Street from the City since 1980. That lease expired in 1985, and Garden State continued to rent on a month to month basis. That rental agreement was subsequently terminated and the lessee stated he needed additional time until they can relocate to their new facility sometime in March, 1989. (5) City Attorney Penman answered questions, stating that his office had not reviewed the old lease and would like an opportunity to do that. He recommended that the matter be continued for two weeks. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the authorization to extend the month to month rental agreement with Garden State Paper Co. for premises located at 181 S. "G" Street, be continued to December 19, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. It was suggested that a report be prepared on this matter within 30 days, and that Garden State be given no more than 90 days to remain at the "G" Street location. . COUNCIL Council Meeting and MEMBER POPE-LUDLAM RETURNED Member Pope-Ludlam returned to the took her place at the Council Table. Council - 5 - 12/5/88 ~ . SET PUBLIC HEARING - CLOSURE OF TIPPECANOE AVENUE AND MILL STREET - BOUNDARIES OF BALLISTIC MISSILE OPERATIONS COMPLEX In a memorandum dated November 15, 1988, Roger Hardgrave, Director of Public Works/City Engineer, stated that the U. S. Air Force had purchased the old Aerospace building on the southwest corner of Tippecanoe Avenue and Mill Street to house their Ballistic Missile Operation (BMO). Subsequently, the Air Force requested that a portion of Tippecanoe Avenue and Mill Street adjacent to the BMO be vacated in order that this complex could be included within Norton Air Force Base, to improve security for this sensitive facility. (6) Mr. Hardgrave further explained in his memorandum that authority for a temporary street closure is granted by Section 21101(a) of the California Vehicle Code. Mayor wilcox answered questions, stating that the closure would be temporary until an alternate road had been built around Norton Air Force Base. . Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that a public hearing be set for December 19, 1988, at 10:00 a.m., to receive input on the proposed closure of Tippecanoe Avenue, at the southern boundary of the Ballistic Missile Operations Complex and Mill Street, at the westerly boundary of the Ballistic Missile Operations Complex. READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of all the resolutions on the Council Agenda. Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that further reading of all the resolutions on the Council Agenda be waived. Council Member Flores made a motion, seconded by Council Member Estrada, that the following resolutions be adopted: RES. 88-457 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING NULL AND VOID THE AGREE- MENT EXECUTED BY AND BETWEEN THE CITY OF SAN BERNARDINO AND RICHARD AND JANICE PLASTINO, ASSIGNEES OF BRANNFORS, WHITE, ROGERS AND COMPANY RE: 54 SPACES IN THE FIVE-LEVEL PARKING STRUCTURE, DECLARING THE FORFEITURE OF THE PERFORMANCE BOND AND WAIVING PAYMENT OF ACCRUED RENTS. (11) . Wayne Overstreet, Superintendent, Parking Control, answered questions, Public stating Buildings/ that the - 6 - 12/5/88 .c'....y-'r-" !"", "":' . building only 17 that the over the at 200 North "D" Street had been sold to ATT and parking spaces would be required. He also stated Parking Place Commission does not have jurisdiction five level parking structure, they only recommend. RES. 88-458 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO KIRK ROTATIONAL MOLDINGS INC. FOR THE FURNISHING AND DELIVERY OF 8000 EACH NINETY (90) GALLON AUTOMATED REFUSE CONTAINERS IN ACCORDANCE WITH BID SPECIFICATION F-88-16. (14) RES. 88-459 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO ENGS MOTOR TRUCK CO. FOR THE FURNISHING AND DELIVERY OF THREE (3) EACH 36 CUBIC YARD FRONT LOADER REFUSE TRUCKS IN ACCORDANCE WITH BID SPECIFICATION F-88-17. (15) Resolution Nos. 88-457, 88-458, and 88-459 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Maudsley. . RES. 88-460 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE FIRE STATION LOCATION PACKAGE TRANSFER AGREE- MENT BETWEEN PUBLIC TECHNOLOGY, INC. AND THE CITY OF SAN BERNARDINO COVERING THE TRANSFER OF THE FIRE STATION LOCATION PACKAGE (FSLP). (12) Acting City Administrator Robbins answered questions regarding the account number for this item, stating that the funds would not come out of the Fire Department, but would come out of City Admninistrator's Department. Council Member Estrada made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 88-460 was adopted by the Ayes: Council Members Estrada, Reilly, Pope-Ludlam, Miller. Noes: None. Absent: Maudsley. following vote: Flores, Minor, Council Member RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH PACIFICORP CAPITAL, INC., FOR THE LEASE-PURCHASE FINANCING OF AUTOMATED REFUSE TRUCKS. (13) . City Attorney Penman answered questions, stating that this is the same company and the same type of agreement that - 7 - 12/5/88 ~ . was used for purchasing furniture for the Redevelopment Agency last year. He stated there was some concern because of IRS regulations. Council Member Minor made a motion, seconded Member Flores and unanimously carried, that said be continued until City Treasurer Graves is answer questions. (See page 26) by Council resolution present to RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A FIVE (5) YEAR LEASE PURCHASE AGREEMENT TO SECURITY PACIFIC LEASING CORPORATION FOR THE FINANCING OF 8,000 EACH NINETY (90) GALLON REFUSE CONTAINERS, THREE (3) EACH 36 CUBIC YARD FRONT LOADER REFUSE VEHICLES AND THE UNINTERRUPTED POWER SYSTEM IN ACCORDANCE WITH LEASE PURCHASE QUOTATION LP900l. (16) Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be continued until City Treasurer Graves can be present to answer questions. (See page 26) . Council Member Flores made a motion, seconded by Council Member Minor, that the following resolutions be adopted: RES. 88-461 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUB- DIVISION TRACT NO. 13335, LOCATED ON THE EAST SIDE OF CENTRAL AVENUE, AND APPROXIMATELY 706 FEET SOUTH OF THE CENTERLINE OF HIGHLAND AVE- NUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (Hill-Williams Dev. Corp.) (17) RES. 88-462 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING AN EFFECTIVE DATE RETROACTIVELY TO JANUARY 1, 1988, FOR STANDARD REQUIREMENT NO. 11, RELATING TO REVISED REQUIRE- MENTS FOR UNDERGROUNDING UTILITIES. (19) RES. 88-463 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO G. E. JEPSON COMPANY, INC. FOR FURNISHING AND INSTALLING A HYDRAULIC TRUCK AND EQUIPMENT LIFT IN THE CENTRAL GARAGE. (20) . Resolution Nos. 88-461, 88-462, and 88-463 were adopted by the following vote: Ayes: Council Members Estrada, - 8 - 12/5/88 . . Reilly; Flores, Minor, Pope-Ludlam, Miller: Noes: None. Absent: Council Member Maudsley. RES. 88-464 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUB- DIVISION TRACT NO. 13532, LOCATED ON THE SOUTH- WEST CORNER OF MACY STREET AND RIALTO AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFICED. (Forecast Mortgage Corp.) (18) Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding flying dust due to construction in the area. He stated an inspector will work with the project superintendent to have a water truck on the site and keep the ground as wet as possible. Council Member Flores made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 88-464 was adopted by the Ayes: Council Members Estrada, Reilly, Pope-Ludlam, Miller. Noes: None. Absent: Maudsley. following vote: Flores, Minor, Council Member . Council Member Estrada made Council Member Reilly, that the adopted. a motion, seconded following resolutions by be RES. 88-465 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLE- MENT NO. 51 OF LOCAL AGENCY FEDERAL-AID SAFETY IMPROVEMENT PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION. (Signals at 40th and Mt. View) (21) RES. 88-466 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL, CITY OF SAN BERNARDINO, GRANT- ING AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, FOR ELECTRIC SERVICE TO WATER DEPARTMENT FACILITIES AT THE LYTLE CREEK PLANT, SAN BERNARDINO, CALIFORNIA. (23) Resolution Nos. 88-465, and 88-466 were following vote: Ayes: Council Members Flores, Minor, Pope-Ludlam, Miller. Noes: Council Member Maudsley. adopted by the Estrada, Reilly, None. Absent: . - 9 - 12/5/88 . RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE 1988/89 TO 1992-93 CAPITAL IMPROVEMENT PROGRAM. (22) In a memorandum dated November 18, 1988, Roger Hardgrave, Director of Public Works/City Engineer, explained the background of the proposed Capital Improvement Program (CIP) and stated that at a workshop meeting of November 15, 1988, the proposed CIP was reviewed and certain additions or corrections were noted. Those revisions have been incorporated into the final CIP. It was suggested that the Council approve transfer of three specific items to the Verdemont Area in the Fifth Ward as follows: Mill Street Storm Drain, "E" Street to Warm Creek Channel; Morgan Hill Drive installation Master Plan Storm Drain for Tract #12872 to Devil's Canyon; Mt. View Avenue Installation Phase One Storm Drain from 37th to 40th Street. Roger Hardgrave, Director of Public Works/City Engineer, suggested that the Capital Improvement Program (CIP) be adopted as presented and postpone the suggested changes until the Verdemont improvement plan is adopted. He also explained possible financing for Chestnut Avenue storm drain and Bailey Creek Channel drainage system, which will be discussed at future Council Meetings. . City Attorney Penman stated that Deputy City Attorney Wilson is working on an analysis and recommendation regarding making changes in the CIP. At the present time, the process is not clear and is too complicated to give an opinion without complete research. Roger Hardgrave, Director of Public Works/City Engineer, explained that it was his understanding that the proposed resolution provided for adjustments in the CIP during the fiscal year. City needed, 1600. Attorney Penman stated particularly in view of he thought an opinion was certain provisions of AB It was suggested that before any changes are made in the CIP, that an opinion be provided to the Council and a workshop be set to look at the CIP overall and listen to requests for changes. Roger Hardgrave, Director of Public Works/City Engineer, answered questions, stating that action regarding the CIP would have to be taken by the next meeting of the Council, in order to meet the January 1, 1989, deadline. . - 10 - 12/5/88 . Mayor Wilcox requested that the City Attorney research AB 1600 and give the Mayor and Council a legal opinion as to whether or not changes can be made once the CIP is adopted. City Attorney Penman responded that he would do his best to have an opinion prepared by the next Council Meeting, but explained that he must obtain information from the Attorney General and other governmental entities and there are many delays in obtaining this information. He explained that AB 1600 will not go into effect until January 1, 1989, so it is not certain how it will impact the City. Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the resolution adopting the Capital Improvement Program be continued to December 19, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. CITY CLERK CLARK EXCUSED At 10:15 a.m., City Clerk Clark left the Council Meeting and was replaced by Deputy City Clerk Reese. . APPEAL HEARING - PARKING PLACE COMMISSION'S DECISION TO TABLE REQUEST TO LEASE 86 PARKING SPACES IN PARKING DISTRICT LOT #1 - YORAM S. SHILY - PROPERTY LOCATED AT NORTHEAST CORNER OF 4TH AND "F" STREET This is the time and place set to hear an appeal filed by Yoram S. Shily on the Parking Place Commission's decision to table a request to lease 86 parking spaces in Parking District Lot #1 for use of property located at the northeast corner of 4th and "F" Streets. (9) Mayor wilcox opened the hearing. Fred Wilson, Assistant to the City Administrator, explained that Mr. Shily's request for 86 parking spaces in Parking District Lot #1 was considered twice by the Parking Place Commission and both times, the Commission voted to not approve his request. Although the request was denied, other options were available under the Parking District Ordinance: (1) Pay in-lieu fee of $10,000 per space; and (2) Purchase a portion of the public parking lot and replace that parking in a location within 700 feet of that district lot. Mr. Shily had indicated that those options were not feasible because of cost consideration. . In a memorandum dated November 29, 1988, Fred Wilson, Assistant to the City Administrator, gave a comprehensive report concerning Mr. Shily's request for parking spaces. He stated that this development would require approximately 110 parking spaces. The building has 45 spaces on site which resulted in a deficiency of 65 - 11 - 12/5/88 . spaces. Mr: Shily's request was to lease the 65 spaces from the City for a period of at least a 30-year term. Mr. Wilson stated that the major concern with long-term parking leases is the limitation that they place on the City for future master planning purposes. In a memorandum dated December 1, 1988, George Webster, Chairman, Parking Place Commission, stated that at the meeting of the Parking Place Commission held on December 1, 1988, the Commission considered the request by Yoram Shily for 86 parking spaces in Parking District Lot No.1. The request was denied for the following reasons: 1. Does not address the greater need of the District; 2. Unfair owners, as it businesses. to future developers and current property will adversely impact existing activities/ 3. Sets undesirable precedent for future leases. 4. Creates "reserved" spaces not available for use by the public. 5. Long-term leases limit the potential for future master planning of property. . 6. Existing building is grand fathered for present use. 7. Existing building currently has 45 on-site parking spaces and shares a portion of the Parking District lots. 8. Proposed plan by Mr. Wirts, Traffic Consultant, representing Mr. Shily, is not available for review, therefore, does not merit further consideration. Mr. Webster, Chairman of the Parking Place Commission, stated that it is the Commission's purpose to assist developers, but any decision has to be in the best interest of the City. Fred Wilson answered questions, stating that two of the reasons the Commission denied the request were: (1) Guaranteeing a lease for 30 years commits public resources on a long term basis without knowing how the downtown will change; (2) The downtown parking lots are operating at almost full capacity and if the City were to grant Mr. Shily's request, that would essentially tie up 85 out of 260 spaces in Lot 1. . Mayor Wilcox stressed the importance solution to the parking problem in downtown so that empty buildings can be occupied. of finding a San Bernardino - 12 - 12/5/88 . Bob Wirts; Traffic Consultant, representing Mr: Shily, showed drawings of plans for the building at 4th and "F" Street to the Council. He stated that parking for this building has been limited for a number of years, and that getting this building rehabilitated has been a problem. He stated he felt it was very important to make a decision that would allow the old buldings to be used. Mr. Wirts stated that Mr. Shily is asking for two things: (1) approval of a long term lease or at least the concept of a long term lease; and (2) that he get exclusive rights to work with Ann Harris Project Manager, of Main Street on developing the block. The rehabilitation of the building at 4th and "F" Streets would be the first project in the block. He emphasized the point that adequate parking is essential for the project to succeed. . Ann Harris, Main Street Project Manager, stated there were two issues to consider: (1) Long term parking lease for the bulding at 4th and "F" Streets. She expressed her concern over a long term lease because of the impact it would have on master planning in the downtown area. She stated there is no solution to the parking problem until there are more parking spaces, and that has to come with development and master planning. (2) The second issue concerns seismic problems of the downtown buildings, and what will be done to insure safety. It was suggested that RDA staff and Ann Harris meet with Mr. Wirts and Mr. Shily to see if a solution can be reached. Mr. Shily, appellant, stated that it was his understanding that development of the entire block would require additional parking for mixed or single use and that some kind of parking structure needs to be built to accommodate even existing buildings. He stated that if he were given the opportunity to develop the whole block, a study would be made to see if it is economically feasible and he would be willing to do some kind of mixed use- entertainment, office, retail projects. George Webster, Chairman of the Parking Place Commission, answered questions, stating that the Commission wants to do everything possible to assist development, but explained there have been many parking problems in the downtown area. Bob Wirts explained his concept for providing 850 to 1050 additional parking spaces in the downtown area, with 650 at no cost to the City at some future date. . It was suggested that RDA staff and Ann Street meet with George Webster of the Harris of Main Parking Place - 13 - 12/5/88 . Commission and Council Member Estrada to look at the long range picture of the downtown area and find a solution to the parking problem and vacancy of various buildings. It was also suggested that Mr. Shily could present a plan to the RDA Committee. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the pUblic hearing regarding the Parking Place Commission's decision to table a request by Mr. Yoram S. Shily to lease 86 parking spaces in Parking District Lot *1 be continued to January 3, 1989, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. APPEAL HEARING - DECISION OF THE CITY ATTORNEY - RESPONSIBILITY TO MAINTAIN AND CLEAR A SEWER LATERAL LOCATED AT 1940 W. BASELINE - CARL CLEMONS This is the time and place set to hear an appeal filed by Carl Clemons concerning the decision of the City Attorney regarding the responsibility to maintain and clear a sewer lateral located at 1940 W. Baseline. (10) Mayor Wilcox opened the hearing. . Manuel Moreno, answered questions maintenance of sewer Jr., Director of Public Services, regarding the responsibility of laterals, stating it is an old issue. City Attorney Penman stated that all his research indicates that unless there is a condition such as a City tree causing damage to the lateral, the homeowner is responsible for the lateral from the house to the main, including the part underneath the street. Manuel Moreno, Jr., Director of Public Services, explained the process for installing sewer laterals, stating they are installed by the developer or contractor. Mr. Moreno stated that as long as he had been Director of Public Services, the City had never maintained a lateral for any resident. He stated that his department does inspect the hookup and compaction. Mr. Moreno answered questions, stating he does not have information regarding how Mr. Clemons' sewer lateral was initially installed. . Carl Clemons, 1940 W. Baseline, stated three letters were provided to him on November 8, 1988, by the City Attorney's Office which described different conditions causing sewer problems because of city trees or other city negligence. It was his contention that the damage to his sewer lateral was caused by a problem which lies between his property line and the approximately 570 feet of lateral under the street. - 14 - 12/5/88 . Mr: Clemons listed the dates on which he has had recurring problems with stoppages in his sewer lateral. He also stated that he checked with other entities regarding the problem who agreed with his contention that a property owner cannot be responsible for a lateral that he did not install, nor had any control over how it was installed. City Attorney Penman stated although he was in sympathy with Mr. Clemons, there is a long line of legal cases where this issue has been tested, and in all cases, it appears that the lateral is owned by the property owner whether he knows it or not and remains his/her responsibility. City Attorney Penman answered questions, stating that in spite of who may have installed the lateral, it is still the property of the property owner. He stated that it might be that Mr. Clemons' lateral is just old, but he had been informed that Public Services went out and ran a line through the lateral and it was clear to the main. Mr. Clemons disagreed. He stated he was parallel similar to the instance where a city caused damage. He stated he didn't cause the therefore was not responsible. drawing a tree had problem, . Manuel Moreno, Jr., Director, Public Services, answered questions, stating that the lateral was installed in the 50's, but didn't know who had installed it. He explained that sewers can also be installed in the rear of homes in easements. The Director of Public Services answered questions, stating that the lateral from the street to the curb is either done by a contractor or public works contractors. Mayor wilcox stated that the property owner assumes the liability to maintain the lateral line. She asked the City Attorney what was needed to make the citizens aware of the fact they have a greater liability to unplug sewer lines to the curb, and for the Council to make a policy decision. City Attorney Penman stated it is not a policy decision. It is a legal matter. If the Council decides to repair one sewer lateral, in order to give equal enforcement of the law, it would have to repair everyone's lateral. The Director of Public Services answered questions regarding the tremendous cost if the department were called upon to repair all sewer laterals. . Raiford Humphrey, retired Construction and Maintenance Foreman in the Street Department, stated that he felt the sewer laterals had been installed improperly. He stated - 15 - 12/5/88 . there was only and inspection been installed one inspector at the time was not done like it is properly, there would not it was installed, today. If it had be problems today. The Director of Public Services answered questions regarding the estimated costs to repair the lateral. Council Member Pope-Ludlam made a motion, that the City repair the lateral at 1940 w. Baseline. The motion died for lack of a second. Lucia Valdez, 634 N. Pico Avenue, spoke of similar sewer lateral problems she is having, and the expenses involved. Council Member Member Miller, to appeal. Minor made a motion, seconded by Council close the public hearing and deny the The motion Council Members Members Estrada, Member Maudsley. failed by the following Reilly, Minor, Miller. Flores, Pope-Ludlam. vote: Noes: Absent: Ayes: Council Council . Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the hearing be closed and the matter relative to the maintenance responsibility of a sewer lateral at 1940 W. Baseline be continued to December 19, 1988, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, CA. 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 "0" Street, San Bernardino, California. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council Meeting. RECESS MEETING - CLOSED SESSION At 11:42 a.m., Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the meeting be recessed to a Closed Session pursuant to Government Code Section 54956.8, to discuss with its negotiator the purchase, sale, exchange or lease of real property, and to give instructions to its negotiator concerning the price and terms of payment for the purchase, sale, exchange or lease of real property. The real property which the negotiations concern is generally located at 1535 W. Highland. (R-ll) . - 16 - 12/5/88 . CLOSED SESSION At 11:42 a.m., the Closed Session was called to order by Chairman wilcox in the Conference Room of the Council Chambers of City Hall, 31313 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken Mayor Wilcox; Council Minor, Miller; City Administrator Robbins. Pope-Ludlam; Deputy City with the following being present: Members Estrada, Reilly, Flores, Attorney Penman, Acting City Absent: Council Members Maudsley, Clerk Reese. Also present: Sr. Assistant City Attorney Barlow; Steve Dukett, Executive Director of the Redevelopment Agency, John Hoeger, Development Specialist, Redevelopment Agency. COUNCIL MEMBER POPE-LUDLAM ARRIVED At 11:47 a.m., Council Member Pope-Ludlam arrived at the Closed Session. ADJOURN CLOSED SESSION . At 11:513 a.m., Regular Meeting of Redevelopment Agency 31313 North "D" Street, the Closed Session adjourned to the the Community Development Commission/ in the Council Chambers of City Hall, San Bernardino, California. RECONVENE MEETING At 11:513 a.m., ,the Regular Meeting of the Community Development Commission/Redevelopment Agency reconvened in the Council Chambers of City Hall, 31313 North "D" Street, San Bernardino, California. JOINT PUBLIC HEARING - SALE OR LEASE OF YWCA PROPERTY - 567 N. SIERRA WAY - CONTINUED FROM NOVEMBER 21, 1988 This is the time and place continued to for a joint public hearing to consider the lease or sale of real property located at 567 N. Sierra Way, among the City of San Bernardino, the Redevelopment Agency and Young Women's Christian Association. (R-8) In a memorandum dated November 313, 1988, Steven H. Dukett, Executive Director of the Redevelopment Agency, gave the background of Commission and Council action regarding the possible lease or sale of the YWCA facilities. He also explained the sale option and the lease option. The following resolutions were presented for consideration: . - 17 - 12/5/88 . RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE SALE OF THAT CERTAIN PROPERTY IDENTIFIED AS APN 135-061-10, LOCATED AT 566 NORTH LUGO AVENUE WITHIN THE CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA, BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO TO THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF GREATER SAN BERNARDINO (HEALTH AND SAFETY CODE SECTION 33433). RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN DISPOSITION AND DEVELOP- MENT AGREEMENT BY AND BETWEEN THE REDEVELOP- MENT AGENCY AND YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF GREATER SAN BERNARDINO, INC. (CENTRAL CITY EAST PROJECT AREA) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE WITH THE CITY OF SAN BERNARDINO, THE REDEVELOP- MENT AGENCY OF THE CITY OF SAN BERNARDINO, AND THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF SAN BERNARDINO, RELATING TO LEASE OF SPACE. Mayor Wilcox opened the hearing. . Sr. Assistant City Attorney Barlow distributed documents containing minor changes in the proposed action. He answered questions, stating that the documents had just been given to representatives of the YWCA. Attorney Phil Savage, representing the YWCA, stated that the YWCA was essentially in agreement with the documents concerning the sale of the property. However, there were significant differences between the staff recommendations and the YWCA's position concerning the lease. The primary points in question have to do with insurance level. He recommended that if the lease is to be considered, it should be continued for a couple of weeks to allow time for discussion. If a sale is to be considered, he had additional comments. City Attorney Penman requested direction as to whether the Council wants to lease or sell the YWCA property, and the terms before he can complete the documents. He stated that this issue has been referred to different committees, where there have been conflicting opinions as to whether to lease or sell, and suggested that the Council meet as a committee as a whole to make a decision. He stated that he should not be negotiating, as that was the Council's function. . - 18 - 12/5/88 . Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the public hearing regarding the sale/lease of the YWCA property be continued to December 19, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. SET JOINT PUBLIC HEARING - ROCKWELL INTERNATIONAL LEASE AND OPTION TO PURCHASE In a memorandum dated November 28, 1988, Steven Dukett, Executive Director of the Redevelopment Agency, gave the background of the negotiations with Rockwell International, and stated that under Section 33433 of the California Health and Safety Code, a joint public hearing and adoption of a final resolution is required. (R-6) Council Member Estrada made a motion, seconded Council Member Flores and unanimously carried, that Mayor and Common Council set a joint public hearing 11:00 a.m., on December 19, 1988, to approve and ratify final documents for the Lease and Option to Purchase Rockwell International Corporation. by the for the with COUNCIL MEMBERS POPE-LUDLAM AND MILLER EXCUSED Council Members Pope-Ludlam and Miller left the Council Meeting. . RECESS MEETING At 12:15 p.m., Council Member Minor made a motion, seconded b~ Council Member Flores and unanimously carried, that the meeting be recessed until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:06 p.m., the Regular Meeting of the Mayor Common Council reconvened in the Council Chambers of Hall, 300 North "D" Street, San Bernardino, California. and City ROLL CALL Roll Call was taken by the City Clerk with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Minor, Pope-Ludlam, Miller; Deputy City Attorney Empeno; City Clerk Clark. Absent: Council Member Maudsley. . APPEAL HEARING - PLANNING COMMISSION'S APPROVAL - TENTATIVE TRACT NO. 13530 - 45 LOT SUBDIVISION - CONTINUED FROM NOVEMBER 21, 1988 This is the time and place continued to for consideration of an appeal filed by Alan Walters, adjacent property owner, on the Planning Commission's approval of - 19 - 12/5/88 . Tentative Tract No: 13530 for a 45 lot subdivision located on the southwest corner of Ohio and Palm Avenues. The owner/applicant is Palm Avenue Investors. (31) Mayor wilcox opened the hearing. John Montgomery, Principal Planner, appellant, Mr. Walters and applicant reached an agreement and the motion on the provisions of that agreement. explained that the Michael Cole, had the agenda reflects Deputy City Attorney Empeno explained that the language in the agreement is acceptable to both Mr. Walters and Mr. Cole, and that the agreement is between those two parties, and the City is not a party to the agreement. The agreement read as follows: 1. The realignment will from its current position at No. 13530. not exceed a 20.00 foot offset the westerly boundary of Tract 2. At the construction lateral will be constructed boundary of Tract No. 13530. stage of development, a sewer in Meyers Road to the westerly . 3. At the construction stage of development, the existing fence and gate will be relocated, and the existing dirt driveway will be regraded to allow future access to the Walters Parcel from the westerly end of future Meyers Road. Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the hearing be closed; that the Mayor and Council approve the appeal and approve Tentative Tract No. 13530, subject to the Findings of Fact, Conditions of Approval, including that Meyers Road access to Mr. Walters' property be provided and Standard Requirements contained in the October 4, 1988, staff report; and that the Mayor and Council adopt a Negative Declaration for the project. READING AND WAIVING OF ORDINANCES City Clerk Clark read the titles of all the ordinances on the Council Agenda. Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that first and final readings of all the ordinances on the Council Agenda be waived. . - 20 - 12/5/88 . ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMEND- ING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 87-1, GENERALLY LOCATED ON THE NORTH SIDE OF 44TH STREET APPROXI- MATELY 153 FEET EAST OF SIERRA WAY), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (Continued from November 7, 1988) (First) (24) Michael Loehr, Interim Planning Director, explained that said ordinance is not consistent with the Interim POlicy Document (IPD), and recommended that it be tabled. Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that said ordinance be tabled. John Montgomery, Principal Planner, stated 5, 1988, a letter was sent to the applicant that the rezoning was inconsistent with the final change of zone would not take place. that on July advising him IPD and the . City Attorney Penman agreed that tabling said ordinance would be appropriate. (See discussion below on items 25 and 26) ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPO- RATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 86-23, GENERALLY LOCATED ON THE NORTH SIDE OF THE PROPOSED EXTENSION OF PIEDMONT DRIVE, APPROXIMATELY 285 FEET EAST OF THE CENTERLINE OF CACTUS CIRCLE), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (Continued from November 7, 1988) (First) (25) . ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPO- RATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 86-21, GENERALLY LOCATED ON THE SOUTH SIDE OF 48TH STREET APPROXIMATELY 230 FEET WEST OF THE CENTERLINE OF LEROY STREET), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (Continued from November 7, 1988) (First) (26) - 21 - 12/5/88 . Michael Loehr, Interim Planning Director; stated these two ordinances are consistent with the Interim Policy Document (IPD) John Montgomery, Principal Planner, stated that he had verbal contact with the applicants of said ordinances. City Attorney Penman stated he had been informed that neither of the applicants for these two ordinances had been advised of this hearing and recommended that the ordinances be continued until the applicants can be notified. Deputy City Attorney Empeno stated that it was his understanding that these rezones had been continued to November 8, 1988, from the previous hearing dates in 1987, because of the moratorium. No notices were sent out on any of these items, so it was his recommendation that the items should be re-noticed. He stated that he had just learned on Firday, December 2, 1988, that these items were either consistent or not consistent with the IPD. (This statement also applies to Item No. 24, above) Michael Loehr, Interim Planning Director, explained the notification procedure for rezones, stating that a notice is given prior to the first reading of the ordinance. . City Clerk Clark suggested tht the given first reading and notification second reading. ordinances could be sent prior to the Deputy City Attorney Empeno answered questions regarding notification, stating that each applicant should be noticed that the item is going to be heard prior to any Council action. He stated that notice to the applicant is sufficient and does not have to be sent to surrounding property owners. City Clerk Clark stated that this is no different than any other item that is continued to a time certain, except in this particular case, a re-notice is recommended as a safety precaution because of the long time involved and the many changes that have occurred in the City. Deputy City Attorney Empeno suggested that the Planning Department prepare a short staff report describing the property and the IPD designation. Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that said ordinances be continued to December 19, 1988, in the Council Chambers of City. Hall, 300 North "D" Street, San Bernardino, California, and that the applicants be notified. . - 22 - 12/5/88 . Council Member Pope-Ludlam made Council Member Miller, that the adopted: a motion; seconded by following ordinances be ORD. MC-644 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO AMENDING SECTION 2.201(a) OF THE UNIFORM FIRE CODE 1985 EDITION TO AUTHORIZE THE COLLECTION OF FEES FOR CERTAIN INSPEC- TIONS CONDUCTED THEREUNDER AND SETTING THE AMOUNTS OF SUCH FEES. (27) ORD. MC-645 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO AMENDING CHAPTER 8.36 AND 10.16 OF THE SAN BERNARDINO MUNICIPAL CODE TO TRANS- FER AUTHORITY TO REMOVE ABANDONED VEHICLES FROM THE FIRE CHIEF TO THE SUPERINTENDENT OF PUBLIC BUILDINGS. (29) Ordinance Nos. MC-644 and MC-645 were following vote: Ayes: Council Members Flores, Minor, Pope-Ludlam, Miller. Noes: Council Member Maudsley. adopted Estrada, None. by the Reilly, Absent: COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. . ORD. MC-646 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO AMENDING CHAPTER 2.06 AND CHAP- TER 3.04 OF THE SAN BERNARDINO MUNICIPAL CODE TO REQUIRE FORMAL CONTRACT PROCEDURES FOR PURCHASES ABOVE THE VALUE OF TWENTY- FIVE THOUSAND DOLLARS; TO AUTHORIZE NEGOTIATED PURCHASES; TO INCREASE THE MAXI- MUM OPEN MARKET PURCHASES FOR WHICH NO BID IS REQUIRED; AND, ADDING SECTION 3.04.090 TO THE SAN BERNARDINO MUNICIPAL CODE PRO- VIDING FOR ANNUAL AUDIT OF ACCOUNTS. (28) Acting City Administrator Robbins answered questions regarding whether the subject of contract procedures should be considered by the Ways and Means Committee or the Legislative Review Committee. Council Member Flores made a motion, seconded by Council Member Reilly, that said ordinance be adopted. Ordinance MC-646 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Minor, Miller. Noes: None. Absent: Council Members Maudsley, Pope-Ludlam. . COUNCIL Council Meeting and MEMBER POPE-LUDLAM RETURNED Member Pope-Ludlam returned to the took her place at the Council Table. Council - 23 - 12/5/88 I ~ . GENERAL PLAN REVISION PROGRAM CALENDAR - ADOPTION In a memorandum dated November 30, 1988, Michael Loehr, Interim Planning Director, stated that the General Plan Calendar as presented to the Council on November 21, 1988, had been revised to increase the amount of time available to the Mayor and Council to review and adopt the plan from four and one-half weeks to seven and one-half weeks. (S-l) The Interim Planning Director explained that the calendar is a way of projecting anticipated costs of the General Plan revision between now and the proposed adoption date of May 31, 1989. He stated there will be public meetings that must be funded, and at the next Council meeting he will be requesting funding for the consultant to attend some of those public meetings, as he is a major resource. Mr. Loehr answered questions regarding the costs of the General Plan Revision. He stated he does not have a complete financial report, but the Finance Director is preparing a line-by-line spread sheet that will be available by the next meeting. Mr. Loehr explained that approval of the calendar does not automatically approve specific funding. . It was pointed out that thought it was important to future hearings. the General Plan Task Force have the consultant attend Council Member Reilly made a Member Estrada and unanimously for completion of the General adopted. motion, seconded by Council carried, that the calendar Plan Revision Program be COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council Meeting. READING AND WAIVING OF RESOLUTIONS ON SUPPLEMENTAL AGENDA City Clerk Clark read the titles of all the resolutions on the Supplemental Agenda. Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that further reading of all the resolutions on the Supplemental Agenda be waived. Council Member Flores made a Member Pope-Ludlam, that the adopted: motion, seconded by Council following resolutions be . - 24 - 12/5/88 'J . RES: 88~467 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE APPLICATION FOR STATE GRANT FUNDS FOR DEVELOPMENT AND RE- FURBISHMENT OF PARK AND PLAYGROUND FACILITIES AT BLAIR, LYTLE CREEK, NICHOLSON, NUNEZ, PERRIS HILL AND WILDWOOD PARKS, UNDER THE PROVISION OF THE PER CAPITA GRANT PROGRAM OF THE CALIFORNIA WILDLIFE, COASTAL AND PARK LAND CONSERVATION ACT OF 1988 AND AUTHORIZING THE DIRECTOR OF PARKS, RECREA- TION AND COMMUNITY SERVICES TO EXECUTE AND SUBMIT ALL DOCUMENTS NECESSARY TO COMPLETE THE AFORESAID PROJECTS. (S-3) RES. 88-468 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 82-350 AUTHORIZING THE EXECUTION OF A FIRST AMEND- MENT TO THE JOINT POWERS AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT RELATING TO THE USE OF CERTAIN REAL PROPERTY AT DEL VALLEJO JR. HIGH SCHOOL FOR PARK AND PLAYGROUND FACILITIES. (S-4) . Resolution Nos. 88-467 and 88-468 were adopted by the following vote: Ayes: Council Members Estrada, Flores, Minor, Pope-Ludlam, Miller. Noes: None. Absent: Council Members Reilly, Maudsley. COUNCIL MEMBER Council Member and took his place REILLY RETURNED Reilly returned to the at the Council Table. Council Meeting RESIDUAL VALUE PROGRAM In a memorandum dated November 30, 1988, Ken Henderson, Director of Community Development, explained the Residual Value Program. He stated that in 1979 and 1980 the City and Redevelopment Agency issued $34,765,000 and $41,280,000 in Single Family Mortgage Revenue Bonds, which have maturity dates of 2011 and 2012 respectively. He stated that Miller and Schroeder Financial, Inc., had developed a Residual Value Program which has enabled a number of local governments and redevelopment agencies to address housing and certain other pressing needs without waiting for bonds to mature. (S-2) Ken Henderson, Director of Community Development, gave a comprehensive report on the Residual Value Program. He answered questions, stating that today's dollar is worth more than tomorrow's dollar. He explained that Miller & Schroeder would buy the bonds from the City and sell the residual assets. The benefit to the City is that it receives $2.5 million for various uses. . - 25 - 12/5/88 . A discussion ensued regarding problems the City has experienced in dealings with Miller & Schroeder. Mayor Director about the wilcox read a statement prepared by the Executive of the Redevelopment Agency expressing concerns program. Mr. Henderson stated that Miller & Schroeder would not be operating as financial advisor or underwriter, but as an agent. He pointed out that this program had been successful in seven other cities. Council Member Estrada Council Member Miller and Residual Value Program be Agency Committee. made a motion, seconded by unanimously carried, that the referred to the Redevelopment City Attorney Penman stated for the record that Opinion No. 88-36, dated December 2, 1988, had been distributed and he had been told it would be provided to Council Member Pope-Ludlam either that evening or during the weekend. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. . Council Member Minor made a motion, seconded by Council Miller, that the following resolutions be adopted: RES. 88-469 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH PACIFICORP CAPITAL, INC., FOR THE LEASE-PURCHASE FINANCING OF AUTOMATED REFUSE TRUCKS. (Continued from earlier in the meeting. (13) See page 8) RES. 88-470 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A FIVE (5) YEAR LEASE PURCHASE AGREEMENT TO SECURITY PACIFIC LEASING CORPORATION FOR THE FINANCING OF 8,000 EACH NINETY (90) GALLON REFUSE CON- TAINERS, THREE (3) EACH 36 CUBIC YARD FRONT LOADER REFUSE VEHICLES AND THE UN- INTERRUPTED POWER SYSTEM IN ACCORDANCE WITH LEASE PURCHASE QUOTATION LP900l. (Continued from earlier in the meeting. (16) See page 8) Craig Graves, City Treasurer, answered questions, stating that there was some confusion regarding the IRS Code provisions of 1986 regarding bonding. He explained that the only difficulty with Pacificorp. last year was there was not a clear understanding of some of the provisions of the lease purchase that was proposed. . - 26 - 12/5/88 . City Attorney Penman explained some of the concerns he had raised last year over the City's entering into a lease purchase with Pacificorp. Resolution Nos. 88-469 and 88-470 were adopted following vote: Ayes: Council Members Estrada, Flores, Minor, Miller. Noes: None. Absent: Members Maudsley, Pope-Ludlam. by the Reilly, Council . SEWER SERVICE REQUEST - PROPERTY OUTSIDE CITY LIMITS - TENTATIVE TRACT 13944, 42ND STREET BETWEEN 3RD AVENUE AND "F" STREETS - 20 SINGLE FAMILY DWELLING UNITS In a memorandum dated November 8, 1988, Bernard Kersey, Ex-Officio Secretary, Board of Water Commissioners (Director, Administration & Finance, Water Department), stated that Hafif Properties and the County of San Bernardino Environmental Health Department had requested that Tentative Tract 13944 be authorized to connect to the City's sewer system. This project, a 20 unit single family housing development, is located on 42nd Street between 3rd Avenue and "F" Street, outside the corporate limits of the City of San Bernardino and is not adjacent to the current City boundaries. The County's Environmental Health Department has delayed approval of this project to pursue connection to the sewer system in lieu of septic tanks, because of potential negative impact to groundwater. (S-5) City Attorney Penman stated he had requested that this matter be placed on the agenda today. He explained that he had not been able to contact everyone he wished to talk to in Sacramento regarding the issue of San Bernardino's obligation to allow outside sewer connection per a federal grant. Mr. Penman stated that it was suggested by the Water Department that he talk to officials in Redlands and Colton who have similar grants to see if the City's grant has the same language. Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the request for sewer service for Tentative Tract 13944 be continued to December 19, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECESS MEETING - CLOSED SESSION At 3:20 p.m., Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that the Regular Meeting of the Mayor and Common Council be recessed to a Closed Session pursuant to the following: . Government Code Section 54957 to matters; consider personnel (33) - 27 - 12/5/88 . Government Code Section designated representatives matters; (Police Negotiations) 54957.6 regarding to meet labor with its relations (34) Government Code Section 54956.9(b) (1) to attorney regarding pending litigation significant exposure to litigation; confer with as there (35) its is Government Code Section 54956.9(c) attorney regarding pending litigation, decide whether to initiate litigation; to confer with its so that Council may (36 ) City of San Management, Inc., No. 238755; 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: (37, S-6) Bernardino vs. California Construction et al - San Bernardino Superior Court Case Saldecke, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 236836; Cable Lake Association vs. City of Bernardino Superior Court Case No. 239649; San Bernardino - San 239714 and Case No. . City of San Bernardino vs. San Bernardino Baseball Club, Inc., - San Bernardino Superior Court Case No. 239193; Stubblefield Construction Company, et al Bernardino, et al - San Bernardino Superior 232998; vs. City of San Court Case No. 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; Sock Dawson, et al vs. City of San Bernardino, et al - United States District Court Case No. SA 88-461 AHS (RWRx) ; Lines vs. City of San Bernardino Superior Court Case No. 221289; San Bernardino Deyon vs. City of San Bernardino Superior Court Case No. 236473; San Bernardino James R. Applewhite vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 246686. . - 28 - 12/5/88 . Barron/Alcarez vs. City of San Bernardino Bernardino Superior Court Case No. 241692. San CLOSED SESSION At 3:20 p.m., the Closed Session was called to order by Mayor wilcox in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken Mayor Wilcox; Council Minor, Miller; City Administrator Robbins. Pope-Ludlam; City Clerk with the following being present: Members Estrada, Reilly, Flores, Attorney Penman, Acting City Absent: Council Members Maudsley, Clark. COUNCIL MEMBER POPE-LUDLAM ARRIVED At 3:25 p.m., Council Member Pope-Ludlam arrived at the Closed Session. ASSISTANT CITY ATTORNEY BRUE ARRIVED At 3:26 p.m., Assistant City Attorney Brue arrived at the Closed Session. . COUNCIL MEMBER POPE-LUDLUM EXCUSED At 3:50 p.m., Council Member Pope-Ludlam left the Closed Session. COLEMAN WALSH, NEGOTIATOR - PERSONNEL DIRECTOR JOHNSON ARRIVED Coleman Walsh, City Labor Relations Negotiator, and Gordon Johnson, Director of Personnel, arrived at the Closed Session. ADJOURN CLOSED SESSION At 4:05 p.m., the Closed Session was adjourned to Regular Meeting of the Mayor and Common Council in Council Chambers of City Hall, 300 North "D" Street, Bernardino, California. the the San RECONVENE MEETING At 4:05 p.m., the Regular Meeting of the Mayor Common Council reconvened in the Council Chambers of Hall, 300 North "D" Street, San Bernardino, California. and City ROLL CALL Roll Call was taken by City Clerk Clark with the fOllowing being present: Mayor. Wilcox; Council Members Estrada, Reilly, Flores, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Member Maudsley. . - 29 - 12/5/88 . CLOSED SESSION ITEMS CONTINUED UNTIL LATER IN THE MEETING Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the balance of the Closed Session items be continued until later in the meeting. (See page 32) IMPASSE HEARING WITH FIREFIGHTERS LOCAL 891 - CONTINUED FROM NOVEMBER 21, 1988 This is the time and place continued to hearing with Firefighters Local 891. for an impasse (32) Mayor wilcox opened the hearing. Coleman Walsh, Labor Relations Negotiator for the City, made a statement regarding the progress of the negotiations with Firefighters Local 891. He stated that the negotiations were conducted in a very professional manner. They met several times in the Spring to review the proposals and the parties mutually agreed to adjourn the negotiations until the Charter Section 186 process of determining salaries was completed. That carne out to be about 6.5%. Subsequently, non salary items worth 40-47% over a three year contract were discussed. . Mr. Walsh stated that the Association presented several suggestions for raising money, which included implementing the retirement taxes in Charter Section 234C. He noted that raising certain fees, such as inspection fees or paramedic service fees would not be practical, as those fees can only support the program for which they are collected. Mr. Walsh stated the City Firefighters' benefits are trailing other cities, while the salary level is in the middle of the salary range, because of the formula in Charter Section 186. He explained that the City would like to address those shortcomings, but because of the financial condition of the City, that is not possible. Mr. Walsh explained that the City has entered into the PERS Medical System, which will reduce medical rates. He stated this does not directly increase employee benefits, but does help employees' financial situation in addition to the 6% salary increase, and referred to the flexible spending plan. He requested that the Council direct that a one year resolution containing the tentative agreement be drawn up between the parties to resolve the impasse. . Tom Parlett, President of the San Bernardino-Rialto Firefighters, stated that the PERS Health Plan had not been discussed in negotiations, and that that item had been discussed by the Police and Firefighters for about two years. The flexible spending account was also discussed two years ago, and has been in force since last April. - 30 - 12/5/88 . He stated that this is the first time the Firefighters have reached impasse and apologized for coming before the Council. He accused the City negotiator of surface bargaining and felt there was no intention of reaching an agreement with the Firefighters this year, as they met for only a total of five hours. Mr. Parlett stated they were only asking to be treated fairly in the way of benefits, and asked why they were not given average benefits on Charter Section 186, as is done with salaries. Mr. Parlett stated that they did a survey and found that Redlands, Rialto, and Colton have better benefits than San Bernardino. Allen Simpson, Secretary/Treasurer of San Bernardino- Rialto Firefighters Local 891, stated that the San Bernardino Fire Department has become a training ground for other city departments. He stated that over the past ten years 30 firefighters have left the City to work for other cities because of the poor benefits in San Bernardino. . Mr. Simpson stated that San Bernardino Fire Department has the most calls of all the cities used in the salary survey. He also explained that the work load has increased because they have taken on prevention inspections and pre-fire planning, while continuing to go out on a higher number of calls than those other cities. He summarized the problem with the following: highest number of calls, increased work load, average pay, worst benefits. Tom Parlett, President of Firefighters Local 891, stated they had heard that the City is broke, and that they have asked to be included in the budget process, but this had never been done. He stated that if an agreement isn't reached on some of these benefits, the Firefighters will "go to the streets". He stated that if they went to the voters, he felt they could accomplish what they want. However, he would like to avert this action. Skip Kulikoff, Past President of Firefighters 891, stated that the San Bernardino firefighters are second only to Oakland of all cities in California for the number of calls responded to per man. He felt that not enough consideration was given the Police and Fire Members. Tom Parlett, President of the Firefighters Local 891, spoke regarding the definition of assessed value as it relates to Charter Section 234C. . Mr. Parlett stated that they talked with former Mayor Holcomb who had suggested the collection of the tax referred to in Charter Section 234C and the lowering of the utility tax. Mr. Parlett stated that while City Hall is being - 31 - 12/5/88 . remodeled; there are heating and cooling work. fire stations that don't have adequate and are using equipment that doesn't Mr. Parlett answered questions, stating they had been aware in 1980 that the taxes mentioned in Charter Section 234c were not being collected. RECESS MEETING At 4:30 p.m., Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that the meeting be recessed to a Closed Session to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6. (34) CLOSED SESSION At 4:30 p.m., the Closed Session was called to order by Mayor Wilcox in the Conference Room of the Council Chambers in City Hall, 300 North "0" Street, San Bernardino, California. . ROLL CALL Roll Call was taken Mayor Wilcox; Council Minor, Miller; City Administrator Robbins. Pope-Ludlam; City Clerk with the following being present: Members Estrada, Reilly, Flores, Attorney Penman, Acting City Absent: Council Members Maudsley', Clark. CITY NEGOTIATOR WALSH AND PERSONNEL JOHNSON ARRIVED City Labor Relations Personnel Director Gordon Session. DIRECTOR Negotiator Coleman Walsh and Johnson arrived at the Closed COUNCIL Council Session. MEMBER POPE-LUDLAM ARRIVED Member Pope-Ludlam arrived at the Closed RECESS CLOSED SESSION At 5:04 p.m., the Closed Session recessed to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECONVENE MEETING At 5:04 p.m., the Regular Meeting of the Mayor Common Council reconvened in the Council Chambers of Hall, 300 North "0" Street, San Bernardino, California. and City ROLL CALL Roll Ca 11 was being present: taken by the City Clerk with the following Mayor Wilcox; Council Members Estrada, . - 32 - 12/5/88 . Reilly, Penman, Absent: Flores, Minor; Pope-Ludlam, Miller; City Attorney City Clerk Clark, Acting City Administrator Robbins. Council Member Maudsley. FIREFIGHTERS AGREEMENT Council Member Minor made a motion, seconded by Council Member Miller, that a resolution be drafted for a one year term incorporating all the language discussed and agreed upon and contained in the PERS Medical resolution. (32) The motion carried by the following vote: Ayes: Council Members Estrada, Flores, Minor, Pope-Ludlam, Miller. Noes: Council Member Reilly. Absent: Council Member Maudsley. RECESS MEETING - CLOSED SESSION At 5:07 p.m., Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the meeting be recessed to a 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: (37, S-6) City of San Management, Inc., No. 238755; Bernardino vs. California Construction et al - San Bernardino Superior Court Case . Saldecke, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 236836; Cable Lake Association vs. City of Bernardino Superior Court Case No. 239649; San Bernardino - San 239714 and Case No. City of San Bernardino vs. San Bernardino Baseball Club, Inc., - San Bernardino Superior Court Case No. 239193; Stubblefield Construction Company, et al Bernardino, et al - San Bernardino Superior 232998; vs. City of San Court Case No. Juan Manuel Sanchez vs. City of San Bernardino - United States District Court Case No. CV87-229l AWT (Bx); Charles H. Brown vs. City of San Bernardino San Bernardino Superior Court Case No. 243087; Sock Dawson, et al vs. City of San Bernardino, et al - United States District Court Case No. SA 88-461 AHS (RWRx); . Lines vs. City of San Bernardino Superior Court Case No. 221289; San Bernardino - 33 - 12/5/88 . Deyon vs. City of San Bernardino Superior Court Case No. 236473; San Bernardino James R. Applewhite vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 246686; Barron/Alcarez vs. City of San Bernardino San Bernardino Superior Court Case No. 241692. CLOSED SESSION At 5:07 p.m., the Closed Session was called to order by Mayor wilcox in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Member Maudsley. Also present: Assistant City Attorney Brue. . COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Closed Session. RECESS CLOSED SESSION At 5:35 p.m., the Regular Meeting of the Council Chambers of City Bernardino, California. Closed Session adjourned to Mayor and Common Council in Hall, 300 North "D" Street, ilie the San RECONVENE MEETING At 5:35 p.m., the Regular Meeting of the Mayor Common Council reconvened in the Council Chambers of Hall, 300 North "D" Street, San Bernardino, California. and City ROLL CALL Roll Call was taken by the City Clerk with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Miller; City Attorney Penman, City Clerk Clerk, Acting City Administrator Robbins. Absent: Council Members Maudsley, Minor, Pope-Ludlam. . - 34 - 12/5/88 .. . ADJOURN MEETING At 5:35 p.m., Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that the meeting be adjourned to 9:00 a.m., Friday, December 16, 1988, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. (38) Mz.c-e-??CL> eek~ City Clerk ?~/' . No. of Items: 47 No. of Hours: 6 1/2 . - 35 - 12/5/88